CITY OF MONTCLAIR
CITY COUNCIL
SUCCESSOR REDEVELOPMENT AGENCY,
MONTCLAIR HOUSING CORPORATION, MONTCLAIR
HOUSING AUTHORITY, AND MONTCLAIR COMMUNITY
FOUNDATION MEETINGS
AGENDA PACKET
Monday, August 4, 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, August 4, 2025
7:00 p.m.
Please be advised that those participating via Zoom do so at their own risk. The meeting will not be suspended or cancelled if any technical issues occur during the meeting.
If you want to provide comments on an agenda item, including public hearing and closed session items, please complete a Speaker Card located in the Council Chambers or online at https://www.cityofmontclair.org/public–comment/. The Mayor/Chair (or the meeting’s Presiding Officer) will call on those who submitted requests to speak at the appropriate times during the meeting. Those who did not submit a request to speak who are present at the meeting location may raise their hand during Public Comment to request to speak. Those participating remotely may request speak using the “raise hand” function in Zoom or may dial *9 if on the phone, and then *6 to un–mute when called on to speak. Written comments (200–word limit per agenda item, and 200–word limit for all non–agenda items combined) and requests to speak can also be emailed to [email protected] at least one hour before the meeting begins.
Video recordings of Council meetings are available on the City's website at https://www.cityofmontclair.org/council–meetings/ and can be accessed by the end of the business day following the meeting.
AGENDA
I. CALL TO ORDER City Council [CC], Successor Agency Board [SA], Montclair Housing Corporation Board [MHC],
Montclair Housing Authority Commission [MHA],
Montclair Community Foundation Board [MCF]
II. INVOCATION
In keeping with our long–standing tradition of opening our Council meetings with an invocation, this meeting may include a nonsectarian invocation. Such invocations are not intended to proselytize or advance any faith or belief or to disparage any faith or belief. Neither the City nor the City Council endorses any particular religious belief or form of invocation.
III. PLEDGE OF ALLEGIANCE
IV. ROLL CALL
V. PRESENTATIONS
A. Recognition of Montclair Little League Brewers for Winning the 2025 California Little League Division 23 Championship Tournament
VI. PUBLIC COMMENT
During Public Comment, you may comment on any subject that does not appear on this agenda. Each speaker has up to five minutes. The meeting’s presiding officer may provide more or less time to accommodate speakers with special needs or a large number of speakers waiting in line. (Government Code Section 54954.3).
If you did not submit a Speaker Card and would like to speak on an item on the Consent Calendar, please raise your hand during Public Comment to announce the agenda item you would like to provide comments on. The presiding officer will call on you to speak at the time of the item’s consideration.
Under the provisions of the Brown Act, the meeting bodies are prohibited from participating in substantial discussion of or taking action on items not listed on the agenda.
VII. PUBLIC HEARINGS — None
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MONTCLAIR CITY COUNCIL MEETING – 08/04/2025 Page 1 of 139 Page No.
VIII. CONSENT CALENDAR
A. Approval of Minutes
1. Regular Joint Meeting — July 21, 2025 [CC/SA/MHC/MHA/MCF] 130 B. Administrative Reports
1. Consider Approval of Warrant Register & Payroll Documentation [CC] 4
2. Consider Declaring Certain City Property as Surplus and Available for Auction, Parts, or Destruction [CC] 5
3. Consider Approval of a $30,594 Contribution to the Ontario–Montclair School District (OMSD) for the Purchase of Books for the READ to Kinder Program [CC]
Consider Authorizing a $30,594 Appropriation from the Contingency Reserve Fund for the Purchase of Books for the OMSD READ to Kinder Program [CC] 14
C. Agreements
1. Consider Approval of Agreement No. 25–50 with Governmentjobs.com, Inc. dba NEOGOV for Use of the LEARN Platform to Provide, Track, and Manage Employee Training [CC]
Consider Authorizing City Manager Edward C. Starr to Sign Said Agreement [CC] 16
2. Consider Approval of Agreement No. 25–55 with LeadsOnline, LLC for CellHawk and NightHawk Cellular Phone Data Mapping and Analysis Systems for Use in Criminal Investigations for the Police Department, Subject to Any Revisions Deemed Necessary by the City Attorney [CC] Consider Authorizing Police Chief Jason Reed to Sign Said Agreement [CC] 52
3. Consider Approval of Agreement No. 25–56 with the San Bernardino County Office of Emergency Services Authorizing the Receipt of $14,771 from the FY 2024 Emergency Management Performance Grant and Authorizing Police Chief Jason Reed to Sign Said Agreement [CC] Consider Authorizing a $14,771 Appropriation from the Public Safety Grant Fund, and a $14,771 Appropriation from the Contingency Fund as a Dollar–for–Dollar Match to Receive the Grant Funds, for the Purchase of a Direct View LED Video Wall for the Emergency Operations Center at the Police Department [CC] 64
4. Consider Approval of Agreement No. 25–57 with San Bernardino County Transportation Authority for Funding of the Holt Boulevard and Mission Boulevard Connected Smart Corridors Project, Subject to Any Revisions Deemed Necessary by the City Attorney [CC] 78
D. Resolutions
1. Consider Adoption of Resolution No. 25–3492 Rescinding and Replacing Resolution No. 25–3474 Designating Restricted Parking on Public Streets and Alleys to Include Parking Restrictions on the North Side of Cypress Street between Monte Vista Avenue and a Private Alleyway, and to Limit Parking on Magnolia Avenue and Cypress Street [CC] 91
MONTCLAIR CITY COUNCIL MEETING – 08/04/2025 Page 2 of 139 Page No.
2. Consider Adoption of Resolution No. 25–3493 Adopting the Measure I Five–Year Capital Project Needs Analysis for Fiscal Years 2026–27 Through 2030–31 [CC]
Consider Adoption of Resolution No. 25–3494 Adopting the Measure I Five–Year Local Street Capital Improvement Program for Fiscal Years 2025–26 Through 2029–30 [CC] 118
IX. PULLED CONSENT CALENDAR ITEMS
X. RESPONSE
XI. COMMUNICATIONS
A. Department Reports
1. Police Department — National Night Out on Tuesday, August 5, 2025 B. City Attorney
1. Request for City Council to Meet in Closed Session Pursuant to Government Code §54957.6 Regarding Conference with Designated Labor Negotiator Edward C. Starr [CC]
Agency: City of Montclair
Employee Management Employees
Associations: Montclair Police Officers Association
General Employees – Teamsters Local 1932
Montclair Fire Fighters Association
Montclair Police Officers Association
C. City Manager/Executive Director
D. Mayor/Chairperson
1. Discussion of Draft City Council Policy and Procedures Manual
2. Discussion of City Council Agenda Packet Publication and Distribution E. Council Members/Directors
F. Committee Meeting Minutes (for informational purposes only)
1. Public Works Committee Meeting — March 20, 2025 [CC] 124
2. Personnel Committee Meeting — July 21, 2025 [CC] 129 XII. CLOSED SESSION
XIII. CLOSED SESSION ANNOUNCEMENTS
XIV. ADJOURNMENT
The next regular joint meeting of the City Council, Successor Agency Board, Montclair Housing Corporation Board, Montclair Housing Authority Commission, and Montclair Community Foundation Board will be held on Monday, August 18, 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, please contact the City Clerk’s Office at (909) 625–9416 or e–mail [email protected]. Notification prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 35.102–35.104 ADA Title II)
I, Andrea M. Myrick, City Clerk, hereby certify that I posted, or caused to be posted, a copy of this Agenda not less than 72 hours prior to this meeting on the City’s website at https://www.cityofmontclair.org/agendas/ and on the bulletin board adjacent to the north door of Montclair City Hall at 5111 Benito Street, Montclair, CA 91763 on Thursday, July 31, 2025.
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MONTCLAIR CITY COUNCIL MEETING – 08/04/2025 Page 3 of 139
CITY COUNCIL
AGENDA REPORT
DATE: AUGUST 4, 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 August 4, 2025; and the Payroll Documentation dated June 29, 2025, and July 13, 2025, and recommends their approval.
FISCAL IMPACT: The Warrant Register dated August 4, 2025, totals $2,019,813.77.
The Payroll Documentation dated June 29, 2025, totals $870,920.27 gross, with $622,455.47 net being the total cash disbursement.
The Payroll Documentation dated July 13, 2025, totals $898,808.57 gross, with $626,677.95 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 – 08/04/2025 Page 4 of 139
CITY COUNCIL
AGENDA REPORT
DATE: AUGUST 4, 2025
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 2
FILE I.D.: EQS051/052/VEH120/150
DEPT.: POLICE
PREPARER: J. RIEDELL
SUBJECT: CONSIDER DECLARING CERTAIN CITY PROPERTY AS SURPLUS AND AVAILABLE FOR
AUCTION, PARTS, OR DESTRUCTION
REASON FOR CONSIDERATION: The Police, Human Services, Information Technology, and Public Works Departments have submitted requests to designate certain items as surplus. The City Council is requested to declare certain City property as surplus and available for auction, parts, or destruction.
BACKGROUND: The items listed on the attached property logs are presented to the City Council for consideration as surplus City property. Once declared as surplus by the City Council, these items will be made available for auction, reuse as parts, or disposal.
FISCAL IMPACT: There is no estimation as to the potential proceeds the City may receive through the auction of these items.
RECOMMENDATION: Staff recommends the City Council declare certain City property as surplus and available for auction, parts, or destruction.
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CITY COUNCIL
AGENDA REPORT
DATE: AUGUST 4, 2025
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 3
FILE I.D.: SCH500
DEPT.: HUMAN SVCS.
PREPARER: A. COLUNGA
SUBJECT: CONSIDER APPROVAL OF A $30,594 CONTRIBUTION TO ONTARIO–MONTCLAIR
SCHOOL DISTRICT (OMSD) FOR THE PURCHASE OF BOOKS FOR THE READ TO
KINDER PROGRAM
CONSIDER AUTHORIZING A $30,594 APPROPRIATION FROM THE CONTINGENCY
RESERVE FUND FOR THE PURCHASE OF BOOKS FOR THE OMSD READ TO KINDER
PROGRAM
REASON FOR CONSIDERATION: The City Council is requested to consider approval of a $30,594 contribution to Ontario–Montclair School District (OMSD) for the purchase of books for the Read, Explore and Develop (READ) to Kinder Program for the 2025–2026 school year.
BACKGROUND: OMSD is launching the READ to Kinder Program for the 2025–2026 school year. The mission of the program is to support preschool and TK students and families with the resources, activities, and practical tips to build essential early literacy skills with the vision of sparking a lifelong love of reading and learning.
The program includes a Family Literacy Night kick–off on August 21, 2025, at 5:00 p.m. at Linda Vista Elementary. At this event, preschool and transitional–kinder (TK) families will discover why building strong early literacy skills is the key to a successful start in school. After being introduced to the program, students will receive free books and a bookshelf. Other resources will be provided including a reading list with 100 books for preschool and TK students, a digital reading platform, and a reading passport log. In addition to the kick–off event, OMSD will hold bi–monthly workshops for parents, monthly parent–child interactive sessions, and parent support groups.
OMSD is also partnering with the Ontario City Library and the San Bernardino County Montclair Branch Library to offer regular read–aloud nights.
Students may receive up to eighty free books if the students and/or their parents attend the Family Literacy Night Kick–off, five parent literacy trainings, and complete the reading passport.
There were 491 preschool and TK students in Montclair last year. Based on last year’s enrollment, OMSD has requested a contribution towards the cost of 80 books and a bookshelf for each student for a total cost of $65,594. San Bernardino County Supervisor Curt Hagman has committed to providing $35,000 and the City Council is requested to consider the remaining $30,594 balance.
FISCAL IMPACT: Should the City Council approve the contribution for the purchase of books, the City will pay OMSD $30,594 through the Contingency Reserve Fund for the 2025–2026 “READ to Kinder program.”
MONTCLAIR CITY COUNCIL MEETING – 08/04/2025 Page 14 of 139 RECOMMENDATION: Staff recommends the City Council take the following actions:
1. Approve a $30,594 contribution to the Ontario–Montclair School District for the Purchase of books for the READ to Kinder Program; and
2. Authorize a $30,594 appropriation from the Contingency Reserve Fund for the purchase of books for OMSD’s READ to Kinder Program.
MONTCLAIR CITY COUNCIL MEETING – 08/04/2025 Page 15 of 139
CITY COUNCIL
AGENDA REPORT
DATE: AUGUST 4, 2025
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 1
FILE I.D.: PER250
DEPT.: ADMIN. SVCS.
PREPARER: A. MYRICK
SUBJECT: CONSIDER APPROVAL OF AGREEMENT NO. 25–50 WITH GOVERNMENTJOBS.COM, INC. DBA NEOGOV FOR USE OF THE LEARN PLATFORM TO PROVIDE, TRACK, AND
MANAGE EMPLOYEE TRAINING
CONSIDER AUTHORIZING CITY MANAGER EDWARD C. STARR TO SIGN SAID
AGREEMENT
REASON FOR CONSIDERATION: The City Council is requested to consider approval of Agreement No. 25–39 with Governmentjobs.com dba NEOGOV (NEOGOV) for use of the LEARN platform to provide, track, and manage employee training, and authorizing City Manager Edward C. Starr to sign said Agreement.
A copy of proposed Agreement No. 25–50 is attached for City Council review.
BACKGROUND: Over the past several years, the City has encountered challenges with the administrative burden of implementing and tracking required staff and mandated public official training. Having only a small team of staff in the Personnel Division and mounting training requirements, the current method—reliant on entering training dates into the City’s accounting and payroll software under each employee’s name, proactively generating reports, and sending individual reminders manually via email—has proven inefficient and error–prone. With recently enacted and upcoming new training mandates, it is becoming apparent that a more efficient, centralized training solution is needed.
In March, Fire Department staff requested the City purchase the LEARN module from NEOGOV, the City’s current vendor for recruitments and job posting via Governmentjobs.com, to support the development of a citywide emergency training program. Personnel Division staff researched the LEARN platform and other training management solutions and determined that NEOGOV offers the most robust training platform that presents a scalable solution that would address the City’s current workload constraints without compromising confidentiality or requiring additional temporary or permanent staffing.
The LEARN platform would significantly enhance the City’s ability to manage mandatory training across all departments, and would also provide access to new optional training opportunities for staff in all department due to its vast course catalog with hundreds of available courses, many of which address the City’s training needs and cater to public agencies. These include:
State–mandated courses such as California Ethics, Sexual Harassment Prevention, and Workplace Violence Prevention trainings;
De–escalation training, which has been requested by several employees during implementation of the Workplace Violence Prevention Plan; A wide range of Cal/OSHA–compliant courses;
Driver safety training; and
Leadership, management, and supervisor training.
MONTCLAIR CITY COUNCIL MEETING – 08/04/2025 Page 16 of 139 The platform also allows staff to create custom training courses within the system, link to external training courses, and utilize the system to manage sign–ups for in–person classroom training courses.
Most importantly, LEARN automates training assignment, reminders, tracking, and reporting, reducing human error and administrative overhead. It would provide an automated, auditable platform for training assignments—ensuring timely compliance while freeing up valuable staff time. It also supports on–demand training, allowing departments to stay compliant without waiting for scheduled offerings by outside entities.
Additionally, as a NEOGOV product, LEARN would integrate seamlessly with the existing NEOGOV platforms used by the City, and would benefit from staff’s familiarity with the system. Adoption of LEARN as the City’s unified training platform would also facilitate broader utilization of other NEOGOV tools throughout the agency like electronic personnel forms and automated workflows. Once the system is up and running, the City can address training deficiencies to quickly achieve and maintain compliance through the tracking and notification system. Reducing the administrative burden of training management would eliminate the need for additional staff support.
FISCAL IMPACT: The original quote for LEARN received in March was $25,368 for one year. By April, staff had negotiated a three–year, reducing costs to $12,684 for the first year, $14,856 for the second year, and $19,498.50 for the third year. The three–year contract term covers August 1, 2025, to July 31, 2028.
Although the revised quote was not received in time for inclusion with the Administrative Services Department’s Fiscal Year 2025–26 budget request submission, the first year of the contract was paid from remaining FY 2024–25 funds in the Personnel Division budget, which is within the City Manager’s $15,000 contracting authority.
Should the City Council approve Agreement No. 25–50, the subsequent two years would be funded through the regular budgeting process in the Administrative Services Department’s Personnel Division budget. The agreement provides for government entities to terminate the contract in the case of a fiscal emergency.
RECOMMENDATION: Staff recommends that the City Council take the following actions:
1. Approve Agreement No. 25–50 with Governmentjobs.com, Inc. dba NEOGOV for use of the LEARN platform to provide, track, and manage employee training; and
2. Authorize City Manager Edward C. Starr to sign said Agreement.
MONTCLAIR CITY COUNCIL MEETING – 08/04/2025 Page 17 of 139
THIS IS NOT AN INVOICE
Contract Records Order Details
Account Number: A-632894 Order #: Q-370556
Customer: Montclair, City of (CA) Valid Until: 6/30/2025 Effective Employee Count: 226
Sales Rep: Alan Paul
Customer Contact
Billing Contact: Montclair, City of (CA) Shipping Contact : Montclair, City of (CA) Marcia Richter Andrea Myrick
Billing Address: 5111 Benito Street Shipping Address: 5111 Benito Street Montclair, CA 91763 Montclair, CA 91763
Billing Contact Email: [email protected] Shipping Contact Email: [email protected] Billing Phone: (909) 625-9453 Shipping Phone: 9096259416 Payment Terms
Payment Term: Net 30 Notes:
PO Number:
Subscription Service
Year 1
Item Type Start Date End Date License Type Total (USD)
Learn Subscription Recurring 8/1/2025 7/31/2026 Employee Based
$9,285.00
Learn Setup Services Employee
Based
$3,399.00
Year 1 TOTAL: $12,684.00
Year 2
Item Type Start Date End Date License Type Total (USD)
Learn Subscription Recurring 8/1/2026 7/31/2027 Employee Based
$14,856.00
Year 2 TOTAL: $14,856.00
Year 3
Item Type Start Date End Date License Type Total (USD)
Learn Subscription Recurring 8/1/2027 7/31/2028 Employee Based
$19,498.50
Year 3 TOTAL: $19,498.50
Total: | $47,038.50
Agreement No. 25-50 1 of 34 MONTCLAIR CITY COUNCIL MEETING – 08/04/2025 Page 18 of 139 This price does NOT include any sales tax. Total in USD Additional Terms and Conditions
License Terms: Enterprise license denotes that Customer has purchased an enterprise wide license up to the employee count specified above.
User based license denotes that Customer has purchased the number of licenses set forth in the quantity column. Item count denotes the number of items that Customer has licensed as set forth in the quantity column.
Payment Terms: All invoices issued hereunder are due upon the invoice due date. If the Order is for a period longer than one year, the fees for the first period shown shall be invoiced immediately and the fees for future years/periods shall be invoiced annually in advance of each 12 month period shown on the Order, but regardless of the billing cycle, Customer is responsible for the fees for the entire Order. The fees set forth in this Service Order are exclusive of all applicable taxes, levies, or duties imposed by taxing authorities and Customer shall be responsible for payment of any such applicable taxes, levies, or duties. All payment obligations are non-cancellable, and all fees paid are non-refundable. Payment for services ordered hereunder shall be made to Governmentjobs.com, Inc., (D/B/A NEOGOV).
Terms & Conditions: This Order Form creates a legally binding contract on the parties. Unless otherwise agreed in a written agreement between GovernmentJobs.com, Inc. (D/B/A/ NEOGOV), parent company of PowerDMS, Inc., Cuehit, Inc., Ragnasoft LLC (D/B/A/ PlanIT Schedule), and Design PD, LLC (D/B/A Agency360) (collectively, “NEOGOV”) and Customer, this Order Form and the services to be furnished pursuant to this Order Form are subject to the terms and conditions set forth here: https://www.neogov.com/service-specifications. The Effective Date (as defined in the terms and conditions) shall be the Subscription Start Date.
Special Condition:
If this Order Form is executed and/or returned to NEOGOV by the Customer after the Subscription Start Date stated in this Order Form, NEOGOV may adjust the Subscription Start Date and the corresponding Subscription End Date, without increasing the total fees, based on the date NEOGOV activates the subscription, provided the total length of the subscription term does not change. Following activation, any adjustments to such Subscription Start Date and Subscription End Date may be confirmed by reference to the invoice sent by NEOGOV.
Your signature below constitutes acceptance of terms herein and contractual commitment to purchase the items listed above.
Accepted and Agreed By Authorized Representative of:
Montclair, City of (CA)
Signature:
Printed Name:
Title:
Date
THE INFORMATION AND PRICING CONTAINED IN THIS ORDER FORM IS STRICTLY CONFIDENTIAL.
Agreement No. 25-50
2 of 34
MONTCLAIR CITY COUNCIL MEETING – 08/04/2025 Page 19 of 139 1 SERVICES AGREEMENT
V011025
You agree that by placing an order through a NEOGOV standard ordering document such as an “Order Form”, “Service Order,” “Ordering Document,” “SOW” or other document mutually agreed by the parties detailing the services, pricing and subscription term (each, an “Order Form” for purposes of this Agreement), you agree to follow and be bound by the terms and conditions set forth herein. “Governmentjobs.com”, “NEOGOV”, “we”, and “our” means Governmentjobs.com, Inc. (D/B/A/ NEOGOV), for and on behalf of itself and its subsidiaries PowerDMS, Inc., Cuehit, Inc., Ragnasoft LLC (D/B/A/ PlanIT Schedule), and Design PD, LLC (D/B/A Agency360) (collectively, “NEOGOV” and, where applicable, its other affiliates; “Customer”, “you”, “your” means the NEOGOV client, customer, and/or the subscriber identified in the Order Form). “Services Agreement” or the “Agreement” shall be used to collectively refer to this NEOGOV Services Agreement, documents incorporated herein including the applicable Order Form, each Addendum (as applicable), and Special Conditions (if any). “Addendum” means each Addendum set forth either as an Exhibit hereto or otherwise made available at https://www.neogov.com/service-specifications (the “NEOGOV Site”) and, as applicable, made a part of this Agreement. “Special Conditions” means individually negotiated variations, amendments and/or additions to this Service Agreement of which are either drafted, or incorporated by reference, into the Order Form.
1. Provision of Services. Subject to the terms of this Agreement NEOGOV hereby agrees to provide Customer with access to its SaaS Applications and Professional Services (each defined below) included or ordered by Customer in the applicable Order Form (collectively referred to as the “Services”). In addition, to the extent NEOGOV provides Customer with access to additional NEOGOV software in order to access Customer Data (as defined below) or otherwise enhance product implementation or functionality, Customer’s use of such software will be deemed to be part of the Services and the terms and conditions of this Agreement shall apply. Customer hereby acknowledges and agrees that NEOGOV’s provision and performance of, and Customer’s access to, the Services is dependent and conditioned upon Customer’s full performance of its duties, obligations and responsibilities hereunder. This Agreement entered into as of the earlier of: (i) date of your signature on an applicable Order Form; or (ii) use of the Services commences (the “Effective Date”). The Agreement supersedes any prior and contemporaneous discussions, agreements or representations and warranties.
2. SaaS Subscription.
a) Subscription Grant. “SaaS Applications” means each proprietary NEOGOV web-based software-as-a-service application that may be set forth on an Order Form and subsequently made available by NEOGOV to Customer, and associated components as described in any written service specifications made available to Customer by NEOGOV (the “Service Specifications”). Subject to and conditioned on Customer’s and its Authorized Users’ compliance with the terms and conditions of this Agreement, NEOGOV hereby grants to Customer a limited, non-exclusive, non-transferable, and nonsublicensable right to (i) onboard, access and use, and to permit Authorized Users to onboard, access and use, the SaaS Applications specified in the Order Form solely for Customer’s internal, non-commercial purposes; (ii) generate, print, and download Customer Data as may result from any access to or use of the SaaS Applications; and (iii) train Authorized Users in uses of the SaaS Applications permitted hereunder (these rights shall collectively be referred to as the “SaaS Subscription”). “Authorized Users” means (1) Customer employees, agents, contractors, consultants (“Personnel”) who are authorized by Customer to access and use the Services under the rights granted to Customer pursuant to this Services Agreement and (2) for whom access to the Services has been purchased hereunder. You shall not exceed the usage limits (if any) as detailed in the user tier in the applicable Order Form. You may not access the SaaS Applications if you are a direct competitor of NEOGOV or its affiliates. In addition, you may not access the SaaS Applications for purposes of monitoring their availability, performance, or functionality, or for any other benchmarking or competitive purposes. You shall be responsible for each Authorized User’s access to and use of the SaaS Applications and compliance with applicable terms and conditions of this Agreement.
b) Subscription Term. Unless otherwise specified in an applicable Order Form, SaaS Subscriptions shall commence on the Effective Date and remain in effect for twelve (12) consecutive months, unless terminated earlier in accordance with this Agreement (the “Initial Term”). Thereafter, SaaS Subscriptions shall automatically renew for successive twelve (12) month terms (each a “Renewal Term” and together with the Initial Term, collectively, the “Term”) unless a party delivers to the other party, at least thirty (30) days prior to the expiration of the Initial Term or the applicable Renewal Term, written notice of such party’s intention to not renew the SaaS Subscriptions, or unless terminated earlier in accordance with this Agreement. The Term for the Services is a continuous and non-divisible commitment for the full duration regardless of any invoice schedule. The purchase of any Service is separate from any other order for any other Service.
Customer may purchase certain Services independently of other Services. Your obligation to pay for any Service is not contingent on performance of any other Service or delivery of any other Service.
Agreement No. 25-50 3 of 34 MONTCLAIR CITY COUNCIL MEETING – 08/04/2025 Page 20 of 139 2 3. Customer Responsibilities.
a) Managing the Subscription. Customer may use the Service in a manner consistent with the terms of this Agreement.
Customer will provide NEOGOV all information needed to process the Order Form to activate the subscription and provision the Service to the Customer.
b) Managing Authorized Users. Customer is responsible for managing the Authorized Users on its account on the Service. i) Invitations and Permissions. Customer is responsible for determining which persons to invite to join the Customer’s account on the Service and for all actions by Authorized Users on Customer’s account on the Service. Customer is solely in control of the individual permissions on the Customer’s account. ii) Customer Obligations. Customer must: (A) obtain any rights, permissions, or consents that are necessary for the Authorized User’s lawful use of Customer Data and the operation of the Service; (B) ensure that the transfer and processing of Customer Data under the Agreement is lawful; and (C) respond to and resolve any dispute with an Authorized User relating to or based on Customer Data, the Service, or Customer’s failure to fulfill its obligations under the Agreement or applicable law. Customer will not, and will ensure its Authorized Users do not (a) make any of the Services available to anyone other than Authorized Users or use any Services for the benefit of anyone other than Customer and its Authorized Users, unless otherwise agreed in writing by the parties, (b) sell, resell, license, sublicense, distribute, make available, rent or lease any of the Services, or include any of the Services in a service bureau or outsourcing offering, unless otherwise agreed in writing by the parties, (c) use the Services to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of the privacy rights, publicity rights, copyright rights, or other rights of any person or entity, (d) use the Services to store or transmit code, files, scripts, agents or programs intended to do harm, including, for example, viruses, worms, time bombs and Trojan horses, (e) interfere with or disrupt the integrity or performance of the Services (including, without limitation, activities such as security penetration tests, stress tests, and spamming activity), (f) attempt to gain unauthorized access to the Services or its related systems or networks, (g) disassemble, reverse engineer, or decompile the Services, or modify, copy, or create derivative works based on the Services or any part, feature, function or user interface thereof, (h) remove the copyright, trademark, or any other proprietary rights or notices included within NEOGOV Intellectual Property and on and in any documentation or training materials, or (i) use the Services in a manner which violates the terms of this Agreement, any Order Form or any applicable laws.
4. Professional Services. “Professional Services” shall mean professional services purchased by Customer as detailed in an applicable Order Form or NEOGOV Scope of Work (SOW) describing the work to be performed, fees, and any applicable milestones, dependencies, and other technical specifications or related information. Professional Services include training, set-up, implementation, and best practices of and concerning the SaaS Applications. Professional Services are subject to the terms of the Professional Services Addendum made available on the NEOGOV Site and made a part hereof and may be subject to additional terms pursuant to an SOW and Service Specifications describing, if applicable, the work to be performed, fees, and any applicable milestones, dependencies, and other technical specifications or related information. Order Forms or SOWs must be signed by Customer before NEOGOV shall commence work. If Customer executes a separate SOW, this Agreement and documents incorporated herein (including but not limited to the Professional Services Addendum) shall control in the event of a conflict with the terms of the SOW.
5. Payment Terms.
a) Fees. Customer shall pay all Subscription, Onboarding and Set-Up fees (“Subscription Fees”) and Professional Service fees (“Professional Service Fees”, collectively the “Fees”) as set forth in an Order Form within thirty (30) days of the date of NEOGOV’s invoice. Fees shall be invoiced annually in advance and in a single invoice for each Term. Unless explicitly stated otherwise in an Order Form, all payments due under an Order Form are expressed in and shall be paid in U.S. dollars. Invoices shall be delivered to the stated “Bill To” party on the Order Form. Unless explicitly provided otherwise, once placed the Order Form is non-cancellable and sums paid nonrefundable. Any invoiced amount that is not received by NEOGOV when due as set forth in an Order Form will be subject to a late payment fee of 1.5% per month or the maximum rate permitted by law, whichever is lower. If any amount owing by Customer is more than 30 days overdue, NEOGOV may, without limiting its other rights and remedies, suspend the Services until such amounts are paid in full. If Subscription Fees are based upon the Authorized User or employee count as may be specified in an Order Form, Customer shall owe NEOGOV supplemental Subscription Fees to the extent Customer exceeds the number of Authorized Users or employees set forth in the Order Form. Except as otherwise specifically stated in the Order Form, NEOGOV may change the charges for the Services with effect from the start of each Renewal Term by providing Customer with new pricing at least thirty (30) day notice prior to commencement of a Renewal Term. The new pricing shall be deemed to be effective if Customer (a) returns an executed Order Form to NEOGOV, (b) remits payment to NEOGOV of the fees set forth in the invoice referencing the new pricing, or (c) the Customer or any of its Authorized Users access or use the Services after the expiration of the previous Term.
Agreement No. 25-50 4 of 34 MONTCLAIR CITY COUNCIL MEETING – 08/04/2025 Page 21 of 139 3 b) Taxes. Customer will pay all taxes, duties and levies imposed by all federal, state, and local authorities (including, without limitation, export, sales, use, excise, and value-added taxes) based on the transactions or payments under this Agreement, except those taxes imposed or based on NEOGOV’s net income or those exempt by applicable state law.
Customer shall provide NEOGOV with a certificate or other evidence of such exemption within ten (10) days after the Effective Date of this Agreement and thereafter upon NEOGOV’s request therefor. c) Purchase Orders. Any reference to a purchase order in an Order Form or any associated invoice is solely for Customer's convenience in record keeping, and no such reference or any delivery of services to Customer following receipt of any purchase order shall be deemed an acknowledgement of or an agreement to any terms or conditions referenced or included in any such purchase order. If a purchase order is delivered by Customer in connection with the purchase of Services, none of the terms and conditions contained in such purchase order shall have any effect or modify or supersede the terms and conditions of this Agreement. NEOGOV’s failure to object to terms contained in any such purchase order shall not be a waiver of the terms set forth in this provision or in this Agreement.
6. Term and Termination.
a) Term. This Agreement shall commence on the Effective Date and shall remain in effect until all SaaS Subscriptions have expired and/or both parties have achieved full performance of Professional Services, unless it is terminated earlier in accordance with this Agreement.
b) Termination for Cause; Effect of Termination. Either Party may terminate this Agreement immediately if the other is in material breach of this Agreement and such breach is not cured within thirty (30) days following non-breaching party’s written specification of the breach. NEOGOV may suspend the Services or terminate this Agreement immediately in the event the Services or Customer’s use of the Services provided hereunder pose a security risk to the Services, NEOGOV or any third party, or become illegal or contrary to any applicable law, rule, regulation, or public policy. Upon expiration or any termination of this Agreement, Customer shall cease all use and refrain from all further use of the Services and other NEOGOV Intellectual Property. Additionally, Customer shall be obligated to pay, as of the effective date of such expiration or termination, all amounts due and unpaid to NEOGOV under this Agreement. Unless otherwise specified, following 90 days after expiration or termination of the Agreement NEOGOV may remove Customer Data from NEOGOV Services and without Customer consent or notice.
7. Audit Rights. Upon reasonable notice, NEOGOV or its agent shall have the right to audit Customer’s records relating to its compliance with this Agreement. Customer shall cooperate fully with this audit. If any audit conducted under this Section indicates that any amount due to NEOGOV was underpaid, Customer shall within three (3) business days pay to NEOGOV the amount due. All expenses associated with any such audit shall be paid by NEOGOV unless the audit reveals underpayment in excess of five percent (5%), in which case Customer shall pay such expenses as well as any amount due to NEOGOV.
8. Maintenance; Modifications; Support Services.
a) Maintenance, Updates, Upgrades. NEOGOV maintains NEOGOV’s hardware and software infrastructure for the Services and is responsible for maintaining the NEOGOV server operation and NEOGOV database security. NEOGOV may in its sole discretion, periodically modify, Update, and Upgrade the features, components, and functionality of the Services during the Term. “Update” means any update, bug fix, patch or correction of the Services or underlying NEOGOV software that NEOGOV makes generally available to its customers of the same module, excluding Upgrades.
Updates are automatic and available upon Customer’s next login to the Services following an Update at no additional cost to Customer. “Upgrade” means any update of the Services or underlying NEOGOV software such as platform updates, and major product enhancements and/or new features that NEOGOV makes commercially available. NEOGOV shall have no obligation to provide Upgrades to customers and retains the right to offer Upgrades free of cost or on a per customer basis at additional cost. NEOGOV shall have no liability for, or any obligations to, investments in, or modifications to Customer’s hardware, systems or other software which may be necessary to use or access the Services due to a modification, Update, or Upgrade of the Services. b) Program Documentation; Training Materials. “Program Documentation” shall mean all user guides, training, and implementation material, and Service descriptions provided by NEOGOV to Customer in connection with the Services.
NEOGOV hereby grants to Customer a non-exclusive, non-sublicensable, non-transferable license to use, print, and distribute internally via non-public platforms, the Program Documentation during the Term solely for Customer's internal business purposes in connection with its use of the Services. Primary training of NEOGOV Services is conducted by selfreview of online materials. NEOGOV’s pre-built, online training consists of a series of tutorials to introduce the standard features and functions (the “Training Materials”). The Training Materials may be used as reference material by Customer Personnel conducting day-to-day activities.
Agreement No. 25-50 5 of 34 MONTCLAIR CITY COUNCIL MEETING – 08/04/2025 Page 22 of 139 4 c) Implementation. For Services requiring implementation, NEOGOV implementation supplements the Training Materials and is conducted off-site unless otherwise agreed in the Order Form. For an additional fee as detailed on an applicable Order Form, NEOGOV personnel will provide consultation on best practices for setting up the Services, answer Customer questions during the implementation period, and use commercially reasonable efforts to ensure Authorized User Admins grasp the system. The length of the implementation time is dependent on the type of Service and the Customer’s responsiveness. NEOGOV is not responsible or liable for any delay or failure to perform implementation caused in whole or in part by Customer's delay in performing its obligations hereunder and, in the event of any such delay, NEOGOV may, in its sole discretion, extend all performance dates as NEOGOV deems reasonably necessary. d) Support. Phone support for the Services is available to Customer Monday through Friday, excluding NEOGOV holidays.
Customer may submit a request for online support for the Services 24 hours a day, seven days a week, and the NEOGOV support desk will acknowledge receipt of the request within a reasonable time. The length of time for a resolution of any problem is dependent on the type of case.
e) Limitations. Unless otherwise specified in the Order Form, this Agreement does not obligate NEOGOV to render any maintenance or support services that are not expressly provided herein, including, but not limited to data uploads, manual data entry, migration services, data conversion, refinement, purification, reformatting, SQL dump, or process consultation.
9. NEOGOV Intellectual Property Rights.
a) NEOGOV shall exclusively own all right, title and interest in and to all pre-existing and future intellectual property developed or delivered by NEOGOV including all Services, products, systems, software (including any source code or object code) or Service Specifications related thereto, Updates or Upgrades, trademarks, service marks, logos and other distinctive brand features of NEOGOV and all proprietary rights embodied therein (collectively, the “NEOGOV Intellectual Property”). This Agreement does not convey or transfer title or ownership of the NEOGOV Intellectual Property to Customer or any of its users. All rights not expressly granted herein are reserved by NEOGOV. Other than recommendation use or as required by law, all use of NEOGOV trademarks must be pre-approved by NEOGOV prior to use. Trademarks shall include any word, name, symbol, color, designation or device, or any combination thereof that functions as a source identifier, including any trademark, trade dress, service mark, trade name, logo, design mark, or domain name, whether or not registered.
b) Customer may, but is not obligated to, provide NEOGOV with suggestions, ideas, enhancement requests, or other feedback (“Feedback”). If Customer provides any such Feedback to NEOGOV, Customer hereby grants NEOGOV a nonexclusive, perpetual, irrevocable, royalty-free license to use all Feedback for any purpose. Feedback is provided to NEOGOV on an “as-is” basis without warranties of any kind.
10. Data Processing and Privacy.
a) Customer Data. “Customer Data” shall mean all data that is owned or developed by Customer, whether provided to NEOGOV by Customer or provided by a third party to NEOGOV in connection with NEOGOV’s provision of Services to Customer, including Personnel data collected, loaded into, or located in Customer data files maintained by NEOGOV.
NEOGOV Intellectual Property, including but not limited to the Services and all derivative works thereof, NEOGOV Confidential Information, and Platform Data do not fall within the meaning of the term “Customer Data”. Customer exclusively owns all right, title, and interest in and to all Customer Data. Customer grants NEOGOV a license to host, use, process, display, create non-personal derivative works of, and transmit Customer Data to provide the Services.
NEOGOV reserves the right to delete or disable Customer Data stored, transmitted or published by Customer using the Services upon receipt of a bona fide notification that such content infringes upon the intellectual property rights of others, or if NEOGOV otherwise reasonably believes any such content is in violation of this Agreement. b) Platform Data. “Platform Data” shall mean any anonymized data reflecting the access to or use of the Services by or on behalf of Customer or any user, including statistical or other analysis and performance information related to the provision and operation of the Services including any end user visit, session, impression, clickthrough or click stream data, as well as log, device, transaction data, or other analysis, information, or data based on or derived from any of the foregoing.
NEOGOV shall exclusively own all right, title and interest in and to all Platform Data. Customer acknowledges NEOGOV may compile Platform Data based on Customer Data input into the Services. Customer agrees that NEOGOV may use Platform Data to the extent and in the manner permitted under applicable law. Such anonymized data neither identifies Customer or its users, nor can Customer or any its users can be derived from such data.
Agreement No. 25-50 6 of 34 MONTCLAIR CITY COUNCIL MEETING – 08/04/2025 Page 23 of 139 5 c) Data Processing Agreement. The parties agree that the terms of the NEOGOV Data Processing Addendum (“DPA”) made available on the NEOGOV Site is hereby incorporated herein by reference and made part of this Agreement and governs NEOGOV's processing of Personal Data.
d) Data Responsibilities.
i) NEOGOV will maintain commercially reasonable administrative, physical, and technical safeguards for protection of the security, confidentiality and integrity of the Customer Data. Those safeguards will include, but will not be limited to, measures for preventing access, use, modification or disclosure of Customer Data by NEOGOV personnel except (a) to provide the Services and prevent or address service or technical problems, (b) as compelled by applicable law, or (c) as Customer expressly permits in writing. Customer acknowledges and agrees that it is commercially reasonable for NEOGOV to rely upon the security processes and measures utilized by NEOGOV’s cloud infrastructure providers.
ii) Customer is solely responsible for the development, content, operation, maintenance, and use of Customer Data, including but not limited to compliance with applicable laws. NEOGOV will have no responsibility or liability for the accuracy of the Customer Data prior to receipt of such data into the Services. Without limiting the foregoing, Customer shall be solely responsible for and shall comply with all applicable laws and regulations relating to (a) the accuracy and completeness of all information input, submitted, or uploaded to the Services, (b) the privacy of users of the Services, including, without limitation, providing appropriate notices to and obtaining appropriate consents from any individuals to whom Customer Data relates; and (c) the collection, use, modification, alteration, extraction, retention, copying, external storage, disclosure, transfer, disposal, and other processing of any Customer Data.
NEOGOV is not responsible for lost data caused by the action or inaction of Customer or Authorized Users. Unless otherwise mutually agreed in writing, Customer shall not maintain any financial, health, payment card, or similarly sensitive data that imposes specific data security or data protection obligations within the Services. Customer shall provide and institute all appropriate tools and procedures required to ensure the security of its own information system and, more specifically, to prevent, detect and destroy the occurrence of any viruses. e) Breach Notice. NEOGOV will notify Customer of unauthorized access to, or unauthorized use, loss or disclosure of Customer Data within its custody and control (a “Security Breach”) within 72 hours of NEOGOV’s confirmation of the nature and extent of the same or when required by applicable law, whichever is earlier. Each party will reasonably cooperate with the other with respect to the investigation and resolution of any Security Breach. If applicable law or Customer’s policies require notification of its Authorized Users or others of the Security Breach, Customer shall be responsible for such notification.
f) Data Export, Retention and Destruction. Customer may export or delete Customer Data from the Services at any time during a Subscription Term, using the existing features and functionality of the Services. Customer is solely responsible for its data retention obligations with respect to Customer Data. If and to the extent Customer cannot export or delete Customer Data stored on NEOGOV’s systems using the then existing features and functionality of the Services, NEOGOV will, upon Customer's written request, make the Customer Data available for export by Customer or destroy the Customer Data. If Customer requires the Customer Data to be exported in a different format than provided by NEOGOV, such additional services will be subject to a separate agreement on a time and materials basis. Except as otherwise required by applicable law, NEOGOV will have no obligation to maintain or provide any Customer Data more than ninety (90) days after the expiration or termination of this Agreement. Customer acknowledges that it is solely responsible for determining any retention requirements with respect to the Customer Data as required by applicable law and NEOGOV disclaims all liability in connection with such determination. In addition, to the extent Customer requests that NEOGOV retain Customer Data beyond the expiration of the retention period required by applicable law, rule or regulation, NEOGOV disclaims all liability in connection with retaining such Customer Data including but not limited to any claims related to loss or destruction of such Customer Data.
11. Third Party Services. The Services may permit Customer and its Authorized Users to access services or content provided by third parties through the Services (“Third Party Services”). Customer agrees that NEOGOV is not the original source and shall not be liable for any inaccuracies contained in any content provided in any of the Third Party Services. NEOGOV makes no representations, warranties or guarantees with respect to the Third Party Services or any content contained therein. NEOGOV may discontinue access to any Third Party Services through the Services if the relevant agreement with the applicable third party no longer permits NEOGOV to provide such access. If loss of access to any Third Party Services (to which Customer has a subscription under this Agreement) occurs during a Subscription Term, NEOGOV will refund to Customer any prepaid fees for such Third Party Services covering the remainder of the Subscription Term.
12. Nondisclosure.
Agreement No. 25-50 7 of 34 MONTCLAIR CITY COUNCIL MEETING – 08/04/2025 Page 24 of 139 6 a) Definition of Confidential Information. “Confidential Information” means all information disclosed by a party (“Disclosing Party”) to the other party (“Receiving Party”), whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Customer's Confidential Information includes its Customer Data. NEOGOV Confidential Information includes the NEOGOV Intellectual Property and the Services. The Confidential Information of each party includes the terms and conditions of this Agreement and all Order Forms (including pricing), as well as business and marketing plans, technology and technical information, product plans and designs, and business processes disclosed by such party.
However, Confidential Information does not include any information that (a) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party, (b) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party, (c) is received from a third party without breach of any obligation owed to the Disclosing Party, or (d) was independently developed by the Receiving Party.
b) Obligations. The Receiving Party will: (i) use the same degree of care it uses to protect the confidentiality of its own confidential information of like kind (but not less than reasonable care); (ii) not use any Confidential Information of the Disclosing Party for any purpose outside the scope of this Agreement and (iii) except as otherwise authorized by the Disclosing Party in writing, limit access to Confidential Information of the Disclosing Party to those of its employees and contractors who need access for purposes consistent with this Agreement and who have signed confidentiality agreements with the Receiving Party containing protections not less protective of the Confidential Information than those herein.
c) Exceptions. The Receiving Party may disclose Confidential Information of the Disclosing Party to the extent compelled by law to do so, provided the Receiving Party gives the Disclosing Party prior notice of the compelled disclosure (to the extent legally permitted) and reasonable assistance, at the Disclosing Party's cost, if the Disclosing Party wishes to contest the disclosure.
d) Equitable Relief. The parties recognize and agree there may be no adequate remedy at law for breach of the provisions of the confidentiality obligations set forth in this Section 12, that such a breach may irreparably harm the Disclosing Party and the Disclosing Party is entitled to seek equitable relief (including, without limitation, an injunction) with respect to any such breach or potential breach in addition to any other remedies available to it at law or in equity.
13. Representations, Warranties, and Disclaimers.
a) Mutual Representations. Each party represents and warrants to the other party that (i) it has full power and authority under all relevant laws and regulations and is duly authorized to enter into this Agreement; and (ii) to its knowledge, the execution, delivery and performance of this Agreement by such party does not conflict with any agreement, instrument or understanding, oral or written, to which it is a party or by which it may be bound, nor violate any law or regulation of any court, governmental body or administrative or other agency having jurisdiction over it. b) Additional Customer Representations and Warranties. Customer hereby represents and warrants to NEOGOV that: (1) Customer and Authorized Users have all necessary rights and authority to upload Customer Data to the Service without violating any third party’s proprietary or privacy rights, including intellectual property rights; (2) Customer Data does not contain any viruses, worms, Trojan horses, or other harmful or destructive code or content; and (3) Customer will use the Service in compliance with all laws, rules, regulations, and this Agreement. c) Service Performance Warranty. NEOGOV warrants that it provides the Services using a commercially reasonable level of care and skill and in a professional manner in accordance with generally recognized industry standards for similar services.
d) No Other Warranty. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THIS WARRANTY SECTION, THE SERVICES AND ANY OTHER INFORMATION ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND CUSTOMER’S USE OF THE SERVICES IS AT ITS OWN RISK. NEOGOV DOES NOT MAKE, AND
HEREBY DISCLAIMS, ANY AND ALL OTHER EXPRESS AND/OR IMPLIED WARRANTIES, INCLUDING,
BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
NONINFRINGEMENT AND TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. NEOGOV DOES NOT WARRANT THAT THE SERVICES WILL BE
UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE, OR THAT ANY ERROR WILL BE CORRECTED.
e) Disclaimer of Actions Caused by and/or Under the Control of Third Parties. NEOGOV DOES NOT AND CANNOT
CONTROL THE FLOW OF DATA TO OR FROM THE NEOGOV SYSTEM AND OTHER PORTIONS OF THE Agreement No. 25-50 8 of 34 MONTCLAIR CITY COUNCIL MEETING – 08/04/2025 Page 25 of 139 7 INTERNET. SUCH FLOW DEPENDS IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER’S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). ALTHOUGH NEOGOV WILL USE COMMERCIALLY REASONABLE EFFORTS TO TAKE ALL
ACTIONS IT DEEMS APPROPRIATE TO REMEDY AND AVOID SUCH EVENTS, NEOGOV CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, NEOGOV DISCLAIMS ANY AND
ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS OR WITH RESPECT TO ANY THIRD PARTY SERVICES.
f) No Medical Advice. Through certain Services, NEOGOV may make certain telehealth related information available to Customer and/or facilitate user access to telemedicine, expert medical services, and/or emergency medical services.
NEOGOV is independent from healthcare providers who provide telemedicine services and is not responsible for such healthcare providers’ acts, omissions or for any content or communications made by them. The Services do not provide medical advice and do not create a healthcare provider/patient relationship between Customer and NEOGOV or otherwise. Any Services, or content accessed from the Services, are for informational purposes only and do not constitute medical advice. Customer should seek professional medical advice, diagnosis, and/or treatment for any and all medical conditions, whether as a result of using Services or otherwise. NEOGOV IS NOT RESPONSIBLE OR LIABLE FOR
ANY ADVICE, COURSE OF TREATMENT, DIAGNOSIS OR ANY OTHER TREATMENT OR INFORMATION THAT CUSTOMER OR ITS USERS MAY OBTAIN THROUGH THE USE OF THE SERVICES.
14. Indemnification.
a) Customer Indemnity. To the extent permitted by applicable law, Customer will defend and indemnify NEOGOV from and against any claim, demand, suit or proceeding made or brought against NEOGOV (i) by a third party alleging that any Customer Data infringes or misappropriates such third party's intellectual property rights, (ii) in connection with Customer’s violation of any applicable laws, or (iii) any claim or allegation by any third party resulting from or related to Customer’s or any of its Authorized User’s breach of Section 3 of this Agreement. b) NEOGOV Indemnity. Subject to subsections 14(b)(i) through 14(b)(iii) and 14(c) of this Section, if a third party makes a claim against Customer that any NEOGOV intellectual property furnished by NEOGOV and used by Customer infringes a third party’s intellectual property rights, NEOGOV will defend the Customer against the claim and indemnify the Customer from the damages and liabilities awarded by the court to the third-party claiming infringement or the settlement agreed to by NEOGOV.
i) Alternative Resolution. If NEOGOV believes or it is determined that any of the Services may have violated a third party’s intellectual property rights, NEOGOV may choose to either modify the Services to be non-infringing or obtain a license to allow for continued use. If these alternatives are not commercially reasonable, NEOGOV may end the subscription or license for the Services and refund a pro-rata portion of any fees covering the whole months that would have remained, absent such early termination, following the effective date of such early termination. ii) No Duty to Indemnify. NEOGOV will not indemnify Customer if Customer alters the Service or Service Specifications, or uses it outside the scope of use or if Customer uses a version of the Service or Service Specifications which has been superseded, if the infringement claim could have been avoided by using an unaltered current version of the Services or Service Specifications which was provided to Customer, or if the Customer continues to use the infringing material after the subscription expires. NEOGOV will not indemnify the Customer to the extent that an infringement claim is based upon any information, design, specification, instruction, software, data, or material not furnished by NEOGOV. NEOGOV will not indemnify Customer for any portion of an infringement claim that is based upon the combination of Service or Service Specifications with any products or services not provided by NEOGOV. NEOGOV will not indemnify Customer for infringement caused by Customer’s actions against any third party if the Services as delivered to Customer and used in accordance with the terms of the Agreement would not otherwise infringe any third-party intellectual property rights. iii) Exclusive Remedy. This Section provides the exclusive remedy for any intellectual property infringement claims or damages against NEOGOV.
c) Indemnification Procedures. In order to receive the indemnities described hereunder, the indemnified party must: (i) promptly notify the indemnifying party, in writing, of any claim; (ii) cooperate reasonably with indemnifying party, at the indemnifying party’s expense, in the defense and/or settlement thereof; and (iii) allow the indemnifying party to control the defense and/or settlement thereof except that the indemnifying party may not, without the indemnified party’s prior written consent, enter into any settlement that does not unconditionally release the indemnified party from liability.
The indemnified party shall have the right to participate in any defense of a claim and/or to be represented by counsel of Agreement No. 25-50 9 of 34 MONTCLAIR CITY COUNCIL MEETING – 08/04/2025 Page 26 of 139 8 its own choosing at its own expense, provided that ultimate control of such defense shall remain solely with the indemnifying party.
15. Limitations of Liability.
a) EXCLUSION OF DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO
EVENT WILL EITHER PARTY BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT OR ITS
SUBJECT MATTER UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, INCLUDING FOR ANY: (a) LOSS OF PRODUCTION, USE, BUSINESS, REVENUE, OR PROFIT OR DIMINUTION IN VALUE; (b) IMPAIRMENT, INABILITY TO USE OR LOSS, INTERRUPTION OR DELAY OF THE SERVICES; (c) LOSS, DAMAGE, CORRUPTION OR RECOVERY OF DATA, OR BREACH OF DATA OR SYSTEM SECURITY; (d) COST OF REPLACEMENT GOODS OR SERVICES; (e) LOSS OF GOODWILL, LOSS OF BUSINESS OPPORTUNITY OR PROFIT, OR LOSS OF REPUTATION; OR (f) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY,
SPECIAL, ENHANCED, OR PUNITIVE DAMAGES, REGARDLESS OF WHETHER SUCH PERSONS WERE
ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE
OTHERWISE FORESEEABLE, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
b) CAP ON MONETARY LIABILITY. EXCEPT FOR DAMAGES ARISING OUT OF LIABILITY WHICH CANNOT BE LAWFULLY EXCLUDED OR LIMITED, OR CUSTOMER’S OBLIGATIONS TO MAKE PAYMENT UNDER
THIS AGREEMENT, THE TOTAL AGGREGATE LIABILITY OF EITHER PARTY FOR ANY AND ALL CLAIMS
AGAINST THE OTHER PARTY UNDER THIS AGREEMENT, WHETHER ARISING UNDER OR RELATED TO
BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL
OR EQUITABLE THEORY, SHALL NOT EXCEED THE AMOUNT OF ALL PAYMENTS ACTUALLY RECEIVED BY NEOGOV FROM CUSTOMER IN CONNECTION WITH THIS AGREEMENT IN THE 12 MONTH PERIOD PRECEDING THE DATE OF THE FIRST EVENT INITIALLY GIVING RISE TO SUCH LIABILITY. THE EXISTENCE OF ONE OR MORE CLAIMS WILL NOT ENLARGE THE LIMIT.
16. Reimbursement of Costs in Third Party Litigation. With respect to any litigation or other court proceeding involving Customer and a third party, if any subpoena or other legally binding request related to such litigation or court proceeding is served to NEOGOV requesting copies of documents maintained by NEOGOV or otherwise requesting NEOGOV to appear as a witness in any capacity or provide testimony with respect to Customer’s documentation, Customer shall reimburse NEOGOV for its out-of-pocket costs associated with compliance with such request, including but not limited to NEOGOV’s reasonable attorneys’ fees.
17. EOL Products. NEOGOV may, in its discretion, at certain times elect to discontinue development, distribution and/or support of any Service or any elements or versions of any Service, and thereby designate such Service or elements or versions as end of life (“EOL”). In the event that NEOGOV elects to announce EOL for any Service, NEOGOV will provide six (6) months prior notice. Customer will have a period of six (6) months after receipt of such notice to upgrade to the last commercially available (non-EOL) version of the Service, if applicable, or otherwise following the expiration of such six (6) month period, the Service shall be deemed terminated without penalty and a pro rata refund shall be provided to Customer for the remaining term of the Service. During the 6-month notice period, Customer may continue exercising all of the rights set forth in this Agreement with respect to such EOL Service.
18. Text Message Communications. NEOGOV may offer Personnel the opportunity to receive text messages regarding job application or hiring process reminders, applicant status updates, or other human resource related notices. Since these text message services depend on the functionality of third-party providers, there may be technical delays on the part of those providers. NEOGOV may make commercially reasonable efforts to provide alerts in a timely manner with accurate information, but cannot guarantee the delivery, timeliness, or accuracy of the content of any alert. NEOGOV shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert. NEOGOV cannot vouch for the technical capabilities of any third parties to receive such text messages. To the extent you utilize text messaging features, NEOGOV shall not be responsible for your use of such features, and you shall indemnify NEOGOV with respect to any damages resulting from your use including but not limited any violations of applicable law. NEOGOV MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY, OR IMPLIED AS TO: (a) THE AVAILABILITY OF TELECOMMUNICATION SERVICES; (b) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND (c) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS, OR SETTINGS CONNECTED WITH THE SERVICES.
Agreement No. 25-50 10 of 34 MONTCLAIR CITY COUNCIL MEETING – 08/04/2025 Page 27 of 139 9 19. Publicity. Unless otherwise provided in the applicable Order Form, NEOGOV may identify Customer as one of its customers and use Customer’s logo for such purposes, subject to any trademark usage requirements specified by Customer.
20. Force Majeure. Except for Customer’s payment obligations to NEOGOV, neither party shall be liable for any damages, costs, expenses or other consequences incurred by the other party or by any other person or entity for any act, circumstance, event, impediment or occurrence beyond such party’s reasonable control, including, without limitation: (a) acts of God; (b) changes in or in the interpretation of any law, rule, regulation or ordinance; (c) strikes, lockouts or other labor problems; (d) transportation delays; (e) unavailability of supplies or materials; (f) fire or explosion; (g) riot, pandemic, military action or usurped power; (h) actions or failures to act on the part of a governmental authority; (i) internet service interruptions or slowdowns, vandalism or cyber-attacks, or (j) any other cause beyond the reasonable control of such party.
21. Independent Contractor; No Third Party Beneficiary; Fulfillment Partners. The relationship of the parties shall be deemed to be that of an independent contractor and nothing contained herein shall be deemed to constitute a partnership between or a joint venture by the parties hereto or constitute either party the employee or agent of the other. Customer acknowledges that nothing in this Agreement gives Customer the right to bind or commit NEOGOV to any agreements with any third parties.
This Agreement is not for the benefit of any third party and shall not be deemed to give any right or remedy to any such party whether referred to herein or not. NEOGOV may designate any third-party affiliate, or other agent or subcontractor (each a “Fulfillment Partner”), without notice to, or the consent of, Customer, to perform such tasks and functions to complete any Services.
22. Entire Agreement; Amendment; Addendum. This Services Agreement, the Exhibits hereto, each Addendum (as may be applicable pursuant to the terms therein) and documents incorporated herein, the applicable Order Form, and Special Conditions (if any) constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all prior or contemporaneous oral and written statements of any kind whatsoever made by the parties with respect to such subject matter. It is expressly agreed that the terms of this Agreement and any NEOGOV Order Form shall supersede the terms in any non-NEOGOV purchase order or other ordering document. Notwithstanding the foregoing, any conflict of terms shall be resolved by giving priority in accordance with the following order: 1) Special Conditions (if any), 2) NEOGOV Order Form, 3) the NEOGOV Services Agreement, and 4) incorporated documents (including the Exhibits and each applicable Addendum). This Agreement supersedes the terms and conditions of any clickthrough agreement associated with the Services.
This Agreement may not be modified or amended (and no rights hereunder may be waived) except through a written instrument signed by the parties to be bound. If you are subscribing for the HRIS, Vetted, or PowerEngage Platform, you hereby specifically agree to the terms of the applicable Addendum set forth on the NEOGOV Site. In addition, certain Services may disclose the use of artificial intelligence, in which case, Customer hereby agrees to the terms of the AI Addendum set forth on the NEOGOV Site.
23. General.
a) Governing Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the state of California, without giving effect to conflict of law rules. Any legal action or proceeding relating to this Agreement shall be instituted only in any state or federal court in Los Angeles, California. b) Severability. If any provision of this Agreement is held to be illegal or unenforceable, such provision shall be limited or eliminated to the minimum extent necessary so that the remainder of this Agreement will continue in full force and effect.
Provisions that survive termination or expiration are those relating to, without limitation, accrued rights to payment, acknowledgements and reservations of proprietary rights, confidentiality obligations, warranty disclaimers, and limitations of liability, and others which by their nature are intended to survive. c) Notices. All notices or other communications required or permitted hereunder shall be in writing and shall be deemed to have been duly given either when personally delivered, one (1) business day following delivery by recognized overnight courier or electronic mail, or three (3) business days following deposit in the U.S. mail, registered or certified, postage prepaid, return receipt requested. All such communications shall be sent to (i) Customer at the address set forth in the Order Form and (ii) NEOGOV at the address specified in the applicable Order Form. d) Waiver. The waiver, express or implied, by either party of any breach of this Agreement by the other party will not waive any subsequent breach by such party of the same or a different kind. This Agreement may be executed in two or more counterparts, each of which will be deemed an original, but all of which taken together shall constitute one and the same instrument.
e) Electronic Delivery. Delivery of a copy of this Agreement or an Order Form bearing an original signature by electronic mail or by any other electronic means will have the same effect as physical delivery of the paper document bearing the original signature.
Agreement No. 25-50 11 of 34 MONTCLAIR CITY COUNCIL MEETING – 08/04/2025 Page 28 of 139 10 f) Assignment. Customer may not assign this Agreement without the express written approval of NEOGOV Any attempt at assignment in violation of this Section shall be null and void. g) Construction. The parties intend this Agreement to be construed without regard to any presumption or rule requiring construction or interpretation against the party drafting an instrument or causing any instrument to be drafted. The exhibits, addendum, schedules, attachments, and appendices referred to herein are an integral part of this Agreement to the same extent as if they were set forth verbatim herein. h) Subcontractors. For purposes of this Agreement, including any subsequent documentation requested by Customer pursuant to this Agreement, the term "subcontractors" shall exclude subcontractors (i) who perform routine software development and maintenance services which are not specific to the Customer, (ii) subcontractors who will not have any access to Customer Data, and (iii) subcontractors who have access to Customer Data solely within NEOGOV's or Customer's systems.
Agreement No. 25-50 12 of 34 MONTCLAIR CITY COUNCIL MEETING – 08/04/2025 Page 29 of 139 11 Exhibit A
Government Customer Addendum
If Customer is a Government Customer, the following Government Customer Addendum (“Government Addendum”) forms part of the Services Agreement, and in the case of any conflict or inconsistency between the terms and provisions of this Addendum and any other provision of the Services Agreement, the terms of this Government Addendum shall control. For purposes hereof, a “Government Customer” means a Customer which is a (a) U.S. Federal agency, (b) state government, agency, department, or political subdivision (including a city, county or municipal corporation), or (c) instrumentality of any of the foregoing (including a municipal hospital or municipal hospital district, police or fire department, public library, park district, state college or university, Indian tribal economic development organization, or port authority).
1. Applicability. The provisions of this Addendum shall apply only if Customer is a Government Customer under the Services Agreement.
2. Termination for Non-Appropriation of Funds on Multi-Year Deals. Customer represents that it has received sufficient appropriation of funds by the applicable legislature (or other appropriate governmental body) (“Governmental Appropriation”) for the first year of the term of any Order Form executed by Customer (the “First Year” and all such years following the First Year which are included in the term of an Order Form, the “Future Years”). If Customer is subject to federal, state or local law which makes Customer’s financial obligations under this Services Agreement contingent upon Governmental Appropriation, and if such funds are not forthcoming or are insufficient due to failure of such Governmental Appropriation, then Customer will have the right to terminate the then remaining portion of any Future Years under the Services Agreement at no additional cost and with no penalty by giving prior written notice documenting the lack of funding. Customer will provide at least thirty (30) days advance written notice of such termination. Customer will use reasonable efforts to ensure appropriated funds are available. It is expressly agreed that Customer shall not activate this non-appropriation provision for its convenience or to circumvent the requirements of this Agreement, but only as an emergency fiscal measure during a substantial fiscal crisis, which affects generally its fiscal operations. If Customer terminates the Services Agreement under this Section 2, Customer agrees not to replace the Services with functionally similar products or services for a period of one year after the termination of the Services Agreement.
3. Indemnification. If Customer is prohibited by federal, state or local law from agreeing to hold harmless or indemnify third parties, Section 14(a) and the indemnification provision included in Section 18 of the Services Agreement shall not apply to Customer, to the extent disallowed by applicable law.
4. Open Records. If the Customer is subject to federal or state public records laws, including laws styled as open records, freedom of information, or sunshine laws (“Open Records Laws”) the confidentiality requirements of Section 12 of the Services Agreement apply only to the extent permitted by Open Records Laws applicable to the Customer. This Section is not intended to be a waiver of any of the provisions of the applicable Open Records Laws, including, without limitation, the requirement for the Customer to provide notice and opportunity for NEOGOV to assert an exception to disclosure requirements in accordance with the applicable Open Records laws.
5. Cooperative Purchasing. As permitted by law, it is understood and agreed by Customer and NEOGOV that any (i) federal, state, local, tribal, or other municipal government (including all administrative agencies, departments, and offices thereof); (ii) any business enterprise in which a federal, state, local, tribal or other municipal entity has a full, majority, or other controlling interest; and/or (iii) any public school (including without limitation K-12 schools, colleges, universities, and vocational schools) (collectively referred to as the “New Entity”) may purchase the Services specified herein in accordance with the terms and conditions of this Agreement. It is also understood and agreed that each New Entity will establish its own contract with NEOGOV, be invoiced therefrom and make its own payments to NEOGOV in accordance with the terms of the contract established between the New Entity and NEOGOV. With respect to any purchases by a New Entity pursuant to this Section, Customer: (i) shall not be construed as a dealer, re-marketer, representative, partner or agent of any type of NEOGOV, or such New Entity; (ii) shall not be obligated, liable or responsible for any order made by New Entities or any employee thereof under the agreement or for any payment required to be made with respect to such order; and (iii) shall not be obliged, liable or responsible for any failure by any New Entity to comply with procedures or requirements of applicable law or to obtain the due authorization and approval necessary to purchase under the agreement. Termination of this Agreement shall in no way limit NEOGOV from soliciting, entering into, or continuing a contractual relationship with any New Entity. Any New Entity who purchases Services under this Section hereby represents that is has the authority to use this Services Agreement for the purchase and that the use of the Services Agreement for the purchase is not prohibited by law or procurement regulations applicable to the New Entity.
Agreement No. 25-50 13 of 34 MONTCLAIR CITY COUNCIL MEETING – 08/04/2025 Page 30 of 139 12 Exhibit B
Integration Terms Addendum
NEOGOV offers integrations and platform APIs for integrations to third party systems (“Integration Services”). Customer may use only those Integration Services purchased or subscribed to as listed within the NEOGOV Order Form. The following terms (the “Integration Terms Addendum”) shall apply to the extent that Customer utilizes a system integration between the Services and either: (a) an affiliated integrated service, including those found at https://api.neogov.com/connect/marketplace.html (“Affiliated API”) or to the extent that Customer utilizes a system integration between the Services and an unaffiliated third-party service (“Customer Application”) integrated using NEOGOV’s open API (“Open API”). Integration Services are not available for HRIS Services and this Exhibit B shall not apply to HRIS Services.
1. Provision of Integrations. Subject to and conditioned on compliance with all terms and conditions set forth in this Agreement, NEOGOV hereby grants Customer a limited, revocable, non-exclusive, non-transferable, non-sublicensable license during the applicable Term to use and/or access the Affiliated API as described in this Agreement, or the Open API for communication between Customer’s human resource related third application(s) that will interoperate with NEOGOV Services (collectively these uses shall be referred to as the “API” or “Integration”). Customer acknowledges there are no implied licenses granted under this Agreement. NEOGOV reserves all rights that are not expressly granted.
Customer may not use the API for any other purpose without our prior written consent. Customer may not share the API with any third party, must keep the API and all log-in information secure, and must use the API key as Customer sole means of accessing the API.
2. Integration Intellectual Property. All right, title, and interest in the API and any and all information, data, documents, materials, inventions, technologies, know-how, descriptions, requirements, plans, reports, works, intellectual property, software, hardware, systems, methods, processes, and inventions, customizations, enhancements, improvements and other modifications based on or derived from the API are and will remain, as appropriate, with NEOGOV. All right, title, and interest in and to the third-party materials, including all intellectual property rights therein, are and will remain with their respective third-party rights holders subject to the terms and conditions of the applicable third-party license agreements. Customer has no right or license with respect to any third-party materials except as expressly licensed under such third-party license agreements.
3. Integration Terms of Use. Except as expressly authorized under this Agreement, you may not remove any proprietary notices from the API; use the API in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property rightor other right of any person, or that violates any applicable law; combine or integrate the API with any software, technology, services, or materials not authorized by NEOGOV; design or permit Customer Application(s) to disable, override, or otherwise interfere with any NEOGOV-implemented communications to end users, consent screens, user settings, alerts, warning, or the like; use the API in any of Customer Application(s) to replicate or attempt to replace the user experience of the Services; or attempt to cloak or conceal Customer identity or the identity of Customer Application(s) when requesting authorization to use the API.
4. Customer Integration Responsibilities. Customer, Customer developed web or other software services or applications, and Customer third-party vendors that integrate with the API (collectively the “Customer Applications”), shall comply with all terms and conditions of this Agreement, all applicable laws, rules, and regulations, and all guidelines, standards, and requirements that may be posted on https://api.neogov.com/connect/index.html from time to time. In addition, Customer will not use the API in connection with or to promote any products, services, or materials that constitute, promote, or are used primarily for the purpose of dealing in spyware, adware, or other malicious programs or code, counterfeit goods, items subject to U.S. embargo, unsolicited mass distribution of email (“spam”), multi-level marketing proposals, hate materials, hacking, surveillance, interception, or descrambling equipment, libelous, defamatory, obscene, pornographic, abusive, or otherwise offensive content, stolen products, and items used for theft, hazardous materials, or any illegal activities.
5. Cooperation. If applicable, Customer shall timely provide such cooperation, assistance, and information as NEOGOV reasonably requests to enable the API. NEOGOV is not responsible or liable for any late delivery or delay or failure of performance caused in whole or in part by Customer’s delay in performing, or failure to perform, any of its obligations under this Agreement. NEOGOV will provide Customer maintenance and support services for API issues arising from the information technology designed, developed, and under then current control of NEOGOV. NEOGOV shall have no obligation to provide maintenance or support for issues arising from the inaction or action of Customer or third parties of which are outside NEOGOV control.
6. Provision of Open API. In the event license fees or other payments are not due in exchange for the right to use and access the Open API, you acknowledge and agree that this arrangement is made in consideration of the mutual covenants set forth Agreement No. 25-50 14 of 34 MONTCLAIR CITY COUNCIL MEETING – 08/04/2025 Page 31 of 139 13 in this Agreement, including, without limitation, the disclaimers, exclusions, and limitations of liability set forth herein.
Notwithstanding the foregoing, NEOGOV reserves the right to charge for access with effect from the start of each Renewal Term by giving Customer at least ninety (90) day notice prior to commencement of a Renewal Term.
7. API Key. In order to use and access the Open API, you must obtain an Open API key through the registration process.
Customer agrees to monitor Customer Applications for any activity that violates applicable laws, rules and regulation, or any terms and conditions of this Agreement, including any fraudulent, inappropriate, or potentially harmful behavior.
This Agreement does not entitle Customer to any support for the Open API. You acknowledge that NEOGOV may update or modify the Open API from time to time and at our sole discretion and may require you to obtain and use the most recent version(s). You are required to make any such changes to Customer Applications that are required for integration as a result of such Update at Customer sole cost and expense. Updates may adversely affect how Customer Applications communicate with the Services.
8. Efficient Processing. You must use efficient programming, which will not cause an overwhelming number of requests to be made in too short a period of time, as-determined solely by NEOGOV. If this occurs, NEOGOV reserves the right to throttle your API connections, or suspend or terminate your access to the Open API. NEOGOV shall use reasonable efforts to provide Customer notice and reasonable time to cure prior to taking such actions.
9. Open API Limitations. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT
WILL NEOGOV BE LIABLE TO CUSTOMER OR TO ANY THIRD PARTY UNDER ANY TORT, CONTRACT,
NEGLIGENCE, STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, LOST
PROFITS, LOST OR CORRUPTED DATA, COMPUTER FAILURE OR MALFUNCTION, INTERRUPTION OF
BUSINESS, OR OTHER SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THE USE OR INABILITY TO USE THE OPEN API; OR ANY DAMAGES, IN THE
AGGREGATE, IN EXCESS OF FIFTY DOLLARS, EVEN IF NEOGOV HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH LOSS OR DAMAGES AND WHETHER OR NOT SUCH LOSS OR DAMAGES ARE FORESEEABLE OR NEOGOV WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY CLAIM YOU
MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT MUST BE BROUGHT WITHIN ONE YEAR AFTER THE OCCURRENCE OF THE EVENT GIVING RISE TO SUCH CLAIM.
10. Open API Termination. Notwithstanding the additional Termination rights herein, NEOGOV may immediately terminate or suspend Customer access to Open APIs in our sole discretion at any time and for any reason, with or without notice or cause. In addition, your Open API subscription will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement.
Agreement No. 25-50 15 of 34 MONTCLAIR CITY COUNCIL MEETING – 08/04/2025 Page 32 of 139 1 Data Processing Addendum
V011025
This Data Processing Addendum (“DPA”) supplements and forms part of the NEOGOV Services Agreement or other written or electronic agreement between NEOGOV and Customer for the purchase of online services from NEOGOV (hereinafter defined as “Services”) (the “Services Agreement”). Any references to the Services Agreement will be construed as including this DPA. All capitalized terms not defined herein shall have the meaning given to them in the Services Agreement.
1. DEFINITIONS
“Affiliate” means any entity that directly or indirectly controls, is controlled by, or is under common control with the subject entity. “Control,” for purposes of this definition, means direct or indirect ownership or control of more than 50% of the voting interests of the subject entity. “Controller” means the entity which determines the purposes and means of the Processing of Personal Data. “Data Protection Laws and Regulations” means, to the extent applicable: (a) the UK Data Protection Act 2018 and UK General Data Protection Regulation 2021 (“UK GDPR”); (b) Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (“General Data Protection Regulation” or “GDPR”); (c) the California Consumer Privacy Act of 2018, California Civil Code § 1798.100 et seq., including its effective amendments and regulations thereto (“California Consumer Privacy Act” or “CCPA”); (d) the Swiss Federal Act on the Protection of Data ("FAPD") and (e) any other legally-binding data protection laws, rules, regulations, or implementing legislation applicable to NEOGOV’s processing of Customer Personal Data, in eachcase, to the extent applicable to NEOGOV’s Processing of Personal Data under the Services Agreement. “Data Subject” means, as applicable the identified or identifiable natural person to whom Personal Data relates as defined by Data Protection Laws and Regulations.
“NEOGOV Group” means NEOGOV and its Affiliates engaged in the Processing of Personal Data under the Services Agreement.
“Personal Data” means any information relating to an identified or identifiable Data Subject where such information is provided to Processor by or on behalf of Controller, and maintained on behalf of, Controller by Processor within its Services environment, and is the type of information protected as “personal data” under Data Protection Laws and Regulations.
“Processing” means any operation or set of operations which is performed upon Personal Data, whether or not by automatic means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction. “Processor” means the entity which Processes Personal Data on behalf of the Controller. “Standard Contractual Clauses” means the standard contractual clauses for Processors annexed to the European Commission’s decision (EU) 2021/914 of June 4 2021, as may be amended, updated, superseded or replaced from time to time for the transfer of personal data to processors established in third countries which do not ensure an adequate level of data protection. “Sub-processor” means any Processor directly contracted by NEOGOV or a member of the NEOGOV Group to help NEOGOV provide the Services under the Services Agreement. “Supervisory Authority” means an independent public authority which is established by an EU Member State pursuant to the GDPR.
2. Processing of Personal Data. To the extent NEOGOV Processes Personal Data on behalf of Customerin connection with the Services Agreement, it shall do so in accordance with the requirements of the Data Protection Laws and Regulations directlyapplicable to NEOGOV in the provision of its Services under the Services Agreement. The parties agree thatwith regard to the Processing of Personal Data by NEOGOV on behalf of Customer, Customer is the Controller, NEOGOV is the Processor and that NEOGOV and/or members of the NEOGOV Group will engage Sub-processors.
Agreement No. 25-50 16 of 34 MONTCLAIR CITY COUNCIL MEETING – 08/04/2025 Page 33 of 139 2 3. Customer Responsibilities. When using the Services, Customer shall Process Personal Data in accordance with Data Protection Laws and Regulations, including maintaining lawful basis (e.g., consent) and rights to use and provide Personal Data, as part of Customer Data. Customer’s instructions for the Processing of Personal Data shall comply with Data Protection Laws and Regulations and NEOGOV’s Processing of Persona Data shall not cause NEOGOV to violate Data Protection Laws and Regulations. For avoidance of doubt, deidentified data is not considered Personal Data. Customer is solely responsible for the accuracy, quality, and legality of Personal Data. Customer will: (i) maintain a clear and conspicuous privacy policy that discloses the data collection and usage (including third party tracking technologies) resulting from the services and that complies with Data Protection Laws and Regulations, provided that the privacy policy will not need to expressly identify the services unless otherwise required by Data Protection Laws and Regulations; and (ii) honor all individual rights and opt-out requests as required by applicable Data Protection Laws and Regulations.
4. NEOGOV’s Responsibilities. NEOGOV shall treat Customer’s Personal Data in a confidential manner, and shall only Process Personal Data for the following purposes: (i) Processing in accordance with the Services Agreement and applicable Order Form(s); (ii) Processing initiated by users in their use of the Services; and (iii) Processing to comply with other documented reasonable instructions provided by Customer (e.g., via email) where such instructions are consistent with the terms of the Services Agreement. NEOGOV shall not "Sell" Personal Data or "Share" Personal Data for purposes of “Cross-Context Behavioral Advertising” (as such terms are defined in the CCPA). NEOGOV shall not retain, use, or disclose Personal Data (i) for any purpose other than business purposes specified herein (including retaining, using or disclosing the Personal Data for a commercial purpose other than the business purpose specified herein) or as otherwise permitted by the CCPA or (ii) outside of the direct business relationship between Customer and NEOGOV. NEOGOV certifies that it understands the restrictions described in this Section 4 and will comply with them in accordance with the CCPA.
5. Data Protection Impact Assessments. If, pursuant to Data Protection Laws and Regulations, Customer is required to perform a data protection impact assessment (or prior consultation with a regulator having appropriate jurisdiction), upon Customer’s request, NEOGOV shall provide such relevant written documentation as is made available by NEOGOV pursuant to this DPA and the Services Agreement. Any additional assistance, should the written documentation specified in this Section be deemed insufficient, shall be subject to written agreement between the parties.
6. Data Subject Requests. If NEOGOV receives a request from a Data Subject to exercise the Data Subject's right of access, right to rectification, restriction of Processing, erasure, data portability, object to the Processing, or its right not to be subject to an automated individual decision making (a “Data Subject Request”), NEOGOV shall notify Customer or direct such Data Subject to Customer. NEOGOV shall assist Customer by appropriate technical and organizational measures, as is technically feasible and commercially reasonable, for the fulfilment of Customer’s obligation to respond to a Data Subject Request under Data Protection Laws and Regulation.
7. Security. NEOGOV shall implement and maintain appropriate technical and organizational measures designed for protection of the security, confidentiality and integrity of Customer Data, taking into account the nature, scope, context, purpose of processing, and costs of implementation. NEOGOV regularly monitors compliance with these measures and will not materially decrease the overall security of the Services during a subscription term under the applicable Order Form and the Services Agreement.
8. Sub-Processors; Objection. Customer acknowledges that: (a) NEOGOV’s Affiliates may be retained as Subprocessors; and (b) NEOGOV and its Affiliates may engage third-party Sub-processors in connection with theprovision and operation of the Services under the Services Agreement. Sub-processors used as of the date of this DPA are specified in Annex III of Schedule 1 attached to this DPA. Prior to engaging any third-party Subprocessors, NEOGOV or a NEOGOV Affiliate shall carry out appropriate due diligence on each Sub-processor and enter into a written agreement with each Sub-processor containing data protection obligations substantially similar to those in this Services Agreement with respect to the protection of Customer Data to the extent applicable to the nature of the Services provided by such Sub-processor. NEOGOV shall provide notice of any new Sub-processor by posting an updated list of Sub-processors on its website. Such posting shall be deemed to constitute notice to Customer of the new Sub-processor. If Customer objects to a new Sub-processor, Customer may do so by notifying NEOGOV promptly in writing within ten (10) days after the posting of the updated list. Such notice shall explain the Customer’s good faith, reasonablegrounds for the objection. In the event Customer objects to a new Sub-processor, NEOGOV will use commercially reasonable efforts to make available to Customer a change in the Services or recommend a commercially reasonable change to Customer’s configuration or use of the Services to avoid Processing of Personal Data by the objected-to new Sub-processor without unreasonably burdening the Customer. If the parties are unable to resolve such objection or NEOGOV is otherwise unwilling to resolve or make available such change within a reasonable period of time, Customer may terminate the applicable Order Form(s) with respect to those Agreement No. 25-50 17 of 34 MONTCLAIR CITY COUNCIL MEETING – 08/04/2025 Page 34 of 139 3 Services which cannot be provided by NEOGOV without the use of the objected-to new Sub- processor by providing written notice to NEOGOV.
9. Data Transfers.
a) EU Data Transfers. Customer acknowledges and agrees that Personal Data may be transferred outside European Union countries to countries recognized by the European Commission as countries where there is an adequate level of protection as updated from time to time (“Authorized Location”).
During the term of the Services Agreement, the parties shall comply with the terms and conditions of the Standard Contractual Clauses (Controller to Processor, a current copy is attached hereto as Schedule 1, and the Standard Contractual Clauses are fully incorporated into this DPA. In the event Customer agrees to a transfer of Personal Data outside an Authorized Location, such transfer shall be subject to the execution between the Parties of the EU Standard Contractual Clauses or any other alternative mean validated by GDPR.
b) UK Data Transfers. In the event of a transfer of Personal Data outside of the UK that is not to an Authorized Location, the parties agree that the EU Standard Contractual Clauses shall be read in accordance with, and deemed amended by, the provisions of Part 2 (Mandatory Clauses) of the UK International Data Transfer Agreement ("IDTA"), and the Parties confirm that the information required for the purposes of Part 1 (Tables) of the UK IDTA is set out in this DPA. c) Swiss Data Transfers. In the event of a transfer of Personal Data outside of Switzerland that is not to an Authorized Location, the parties agree the EU Standard Contractual Clauses are to be understood as references to the Swiss FDAP insofar as the data transfers are subject exclusively to the Swiss FAPD and not to the GDPR. The term "member state" in the EU Standard Contractual Clauses shall not be interpreted in such a way as to exclude data subjects in Switzerland from the possibility of suing for their rights in their place of habitual residence (Switzerland) in accordance with Clause 18(c) of the EU Standard Contractual Clauses. Under Annex I(C) of the EU Standard Contractual Clauses (Competent supervisory authority): Where the transfer is subject exclusively to the Swiss FADP and not the GDPR, the supervisory authority is the Swiss Federal Data Protection and Information Commissioner; and Where the transfer is subject to both the Swiss FADP and the GDPR, the supervisory authority is the Swiss Federal Data Protection and Information Commissioner insofar as the transfer is governed by the Swiss FADP, and the supervisory authority is as set forth in the EU Standard Contractual Clauses insofar as the transfer is governed by the GDPR.
d) Other Data Transfer Mechanism. For the avoidance of doubt, should the transfer mechanism specified in this Section 9 be deemed invalid by a regulator or court with applicable authority, the parties shall endeavor in good faith to negotiate an alternative mechanism (if available) to permit the continued transfer of Personal Data.
10. Data Export; Deletion. Upon written request, NEOGOV shall return Customer Data or direct Customer to selfservice export, if available and subject to technical feasibility, and/or, to the extent allowed by Data Protection Laws and Regulations or legal obligation, to protect its rights, or copies held in its back up systems solely for disaster recovery systems, delete and make irretrievable Customer Data.
11. Incident Notice. NEOGOV maintains incident management policies and procedures, and shall notify Customer, without undue delay, of any breach of its security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to Customer Data in connection with NEOGOV’s provision of Services under the Services Agreement and of which NEOGOV becomes aware and which requires notification to be made to Customer, a Supervisory Authority and/or Data Subject under Data Protection Laws and Regulations (a “Breach Incident”). “Breach Incident(s)” will not include unsuccessful attempts or activities that do not compromise the security of Personal Data, including unsuccessful log-in attempts, and other network attacks on firewalls or networked systems. NEOGOV shall make reasonable efforts to identify the cause of such Breach Incident and take those steps as NEOGOV deems necessary and reasonable in order to remediate the cause of such a Breach Incident to the extent the remediation is within NEOGOV’s reasonable control. Additionally, upon request, NEOGOV shall provide Customer with relevant information about the Breach Incident, as reasonably required to assist the Customer in ensuring Customer’s compliance with its own obligations under Data Protection Laws and Regulations to notify any Supervisory Authority or Data Subject in the event of a Breach Incident. The obligations herein shall not apply to incidents that are caused by Customer or Customer’s users or any non-NEOGOV products or services.
12. Liability Limits. Each party’s and all of its Affiliates’ liability, in the aggregate, arising out of or related to this DPA and NEOGOV, whether in contract, tort or under any other theory of liability, is subject to the ‘Limitation of Liability’ section of the Services Agreement, and any reference to the liability of a party means the total liability of that party and all of its Affiliates under the Services Agreement and all DPAs together.
Agreement No. 25-50 18 of 34 MONTCLAIR CITY COUNCIL MEETING – 08/04/2025 Page 35 of 139 4 13. Legal Effect and Conflict. This DPA shall become legally binding between Customer and NEOGOV upon execution of the Services Agreement. Once effective, this DPA shall be incorporated into and form part of the Services Agreement or applicable Order Form. For matters not addressed under this DPA, the terms of the Services Agreement apply. In the event of a conflict between the terms of the Services Agreement and this DPA, the terms of this DPA will control. In the event of a conflict between the terms of the DPA and the Standard Contractual Clauses, the Standard Contractual Clauses will control.
14. List of Schedules:
Schedule 1: Standard Contractual Clauses
Agreement No. 25-50 19 of 34 MONTCLAIR CITY COUNCIL MEETING – 08/04/2025 Page 36 of 139 5 Schedule 1 - Standard Contractual Clauses
EUROPEAN COMMISSION
Brussels, 4.6.2021
C(2021) 3972 final ANNEX
ANNEX
STANDARD CONTRACTUAL CLAUSES
SECTION I
Clause 1
Purpose and scope
a. The purpose of these standard contractual clauses is to ensure compliance with the requirements of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation)1 for the transfer of personal data to a third country. b. The Parties:
i. the natural or legal person(s), public authority/ies, agency/ies or other body/ies (hereinafter “entity/ies”) transferring the personal data, as listed in Annex I.A. (hereinafter each “data exporter”), and
ii. the entity/ies in a third country receiving the personal data from the data exporter, directly or indirectly via another entity also Party to these Clauses, as listed in Annex I.A. (hereinafter each “data importer”)
have agreed to these standard contractual clauses (hereinafter: “Clauses”). c. These Clauses apply with respect to the transfer of personal data as specified in Annex I.B. d. The Appendix to these Clauses containing the Annexes referred to therein forms an integral part of these Clauses.
Clause 2
Effect and invariability of the Clauses
a. These Clauses set out appropriate safeguards, including enforceable data subject rights and effective legal remedies, pursuant to Article 46(1) and Article 46 (2)(c) of Regulation (EU) 2016/679 and, with respect to data transfers from controllers to processors and/or processors to processors, standard contractual clauses pursuant to Article 28(7) of Regulation (EU) 2016/679, provided they are not modified, except to select the appropriate Module(s) or to add or update information in the Appendix. This does not prevent the Parties from including the standard contractual clauses laid down in these Clauses in a wider contract and/or to add other clauses or additional safeguards, provided that they do not contradict, directly or indirectly, these Clauses or prejudice the fundamental rights or freedoms of data subjects. b. These Clauses are without prejudice to obligations to which the data exporter is subject by virtue of Regulation (EU) 2016/679.
Clause 3
Third-party beneficiaries
a. Data subjects may invoke and enforce these Clauses, as third-party beneficiaries, against the data exporter and/or data importer, with the following exceptions:
i. Clause 1, Clause 2, Clause 3, Clause 6, Clause 7;
ii. Clause 8 - Module Two: Clause 8.1(b), 8.9(a), (c), (d) and (e); iii. Clause 9 - Module Two: Clause 9(a), (c), (d) and (e); iv. Clause 12 - Module Two: Clause 12(a), (d) and (f);
Agreement No. 25-50 20 of 34 MONTCLAIR CITY COUNCIL MEETING – 08/04/2025 Page 37 of 139 6 v. Clause 13;
vi. Clause 15.1(c), (d) and (e);
vii. Clause 16(e);
viii. Clause 18 - Module Two: Clause 18(a) and (b);
b. Paragraph (a) is without prejudice to rights of data subjects under Regulation (EU) 2016/679.
Clause 4
Interpretation
a. Where these Clauses use terms that are defined in Regulation (EU) 2016/679, those terms shall have the same meaning as in that Regulation.
b. These Clauses shall be read and interpreted in the light of the provisions of Regulation (EU) 2016/679. c. These Clauses shall not be interpreted in a way that conflicts with rights and obligations provided for in Regulation (EU) 2016/679.
Clause 5
Hierarchy
In the event of a contradiction between these Clauses and the provisions of related agreements between the Parties, existing at the time these Clauses are agreed or entered into thereafter, these Clauses shall prevail.
Clause 6
Description of the transfer(s)
The details of the transfer(s), and in particular the categories of personal data that are transferred and the purpose(s) for which they are transferred, are specified in Annex I.B.
Clause 7 - Optional
Docking clause
a. An entity that is not a Party to these Clauses may, with the agreement of the Parties, accede to these Clauses at any time, either as a data exporter or as a data importer, by completing the Appendix and signing Annex I.A.
b. Once it has completed the Appendix and signed Annex I.A, the acceding entity shall become a Party to these Clauses and have the rights and obligations of a data exporter or data importer in accordance with its designation in Annex I.A.
c. The acceding entity shall have no rights or obligations arising under these Clauses from the period prior to becoming a Party.
SECTION II – OBLIGATIONS OF THE PARTIES
Clause 8
Data protection safeguards
The data exporter warrants that it has used reasonable efforts to determine that the data importer is able, through the implementation of appropriate technical and organisational measures, to satisfy its obligations under these Clauses.
MODULE TWO: Transfer controller to processor
8.1 Instructions
a. The data importer shall process the personal data only on documented instructions from the data exporter.
The data exporter may give such instructions throughout the duration of the contract. b. The data importer shall immediately inform the data exporter if it is unable to follow those instructions.
Agreement No. 25-50 21 of 34 MONTCLAIR CITY COUNCIL MEETING – 08/04/2025 Page 38 of 139 7 8.2 Purpose limitation
The data importer shall process the personal data only for the specific purpose(s) of the transfer, as set out in Annex I.B, unless on further instructions from the data exporter.
8.3 Transparency
On request, the data exporter shall make a copy of these Clauses, including the Appendix as completed by the Parties, available to the data subject free of charge. To the extent necessary to protect business secrets or other confidential information, including the measures described in Annex II and personal data, the data exporter may redact part of the text of the Appendix to these Clauses prior to sharing a copy, but shall provide a meaningful summary where the data subject would otherwise not be able to understand the content or exercise his/her rights. On request, the Parties shall provide the data subject with the reasons for the redactions, to the extent possible without revealing the redacted information. This Clause is without prejudice to the obligations of the data exporter under Articles 13 and 14 of Regulation (EU) 2016/679.
8.4 Accuracy
If the data importer becomes aware that the personal data it has received is inaccurate, or has become outdated, it shall inform the data exporter without undue delay. In this case, the data importer shall cooperate with the data exporter to erase or rectify the data.
8.5 Duration of processing and erasure or return of data Processing by the data importer shall only take place for the duration specified in Annex I.B. After the end of the provision of the processing services, the data importer shall, at the choice of the data exporter, delete all personal data processed on behalf of the data exporter and certify to the data exporter that it has done so, or return to the data exporter all personal data processed on its behalf and delete existing copies. Until the data is deleted or returned, the data importer shall continue to ensure compliance with these Clauses. In case of local laws applicable to the data importer that prohibit return or deletion of the personal data, the data importer warrants that it will continue to ensure compliance with these Clauses and will only process it to the extent and for as long as required under that local law.
This is without prejudice to Clause 14, in particular the requirement for the data importer under Clause 14(e) to notify the data exporter throughout the duration of the contract if it has reason to believe that it is or has become subject to laws or practices not in line with the requirements under Clause 14(a).
8.6 Security of processing
a. The data importer and, during transmission, also the data exporter shall implement appropriate technical and organisational measures to ensure the security of the data, including protection against a breach of security leading to accidental or unlawful destruction, loss, alteration, unauthorised disclosure or access to that data (hereinafter “personal data breach”). In assessing the appropriate level of security, the Parties Agreement No. 25-50 22 of 34 MONTCLAIR CITY COUNCIL MEETING – 08/04/2025 Page 39 of 139 8 shall take due account of the state of the art, the costs of implementation, the nature, scope, context and purpose(s) of processing and the risks involved in the processing for the data subjects. The Parties shall in particular consider having recourse to encryption or pseudonymisation, including during transmission, where the purpose of processing can be fulfilled in that manner. In case of pseudonymisation, the additional information for attributing the personal data to a specific data subject shall, where possible, remain under the exclusive control of the data exporter. In complying with its obligations under this paragraph, the data importer shall at least implement the technical and organisational measures specified in Annex II. The data importer shall carry out regular checks to ensure that these measures continue to provide an appropriate level of security.
b. The data importer shall grant access to the personal data to members of its personnel only to the extent strictly necessary for the implementation, management and monitoring of the contract. It shall ensure that persons authorised to process the personal data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality. c. In the event of a personal data breach concerning personal data processed by the data importer under these Clauses, the data importer shall take appropriate measures to address the breach, including measures to mitigate its adverse effects. The data importer shall also notify the data exporter without undue delay after having become aware of the breach. Such notification shall contain the details of a contact point where more information can be obtained, a description of the nature of the breach (including, where possible, categories and approximate number of data subjects and personal data records concerned), its likely consequences and the measures taken or proposed to address the breach including, where appropriate, measures to mitigate its possible adverse effects. Where, and in so far as, it is not possible to provide all information at the same time, the initial notification shall contain the information then available and further information shall, as it becomes available, subsequently be provided without undue delay.
d. The data importer shall cooperate with and assist the data exporter to enable the data exporter to comply with its obligations under Regulation (EU) 2016/679, in particular to notify the competent supervisory authority and the affected data subjects, taking into account the nature of processing and the information available to the data importer.
8.7 Sensitive data
Where the transfer involves personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, genetic data, or biometric data for the purpose of uniquely identifying a natural person, data concerning health or a person’s sex life or sexual orientation, or data relating to criminal convictions and offences (hereinafter “sensitive data”), the data importer shall apply the specific restrictions and/or additional safeguards described in Annex I.B.
8.8 Onward transfers
The data importer shall only disclose the personal data to a third party on documented instructions from the data exporter. In addition, the data may only be disclosed to a third party located outside the European Union4 (in the same country as the data importer or in another third country, hereinafter “onward transfer”) if the third party is or agrees to be bound by these Clauses, under the appropriate Module, or if:
i. the onward transfer is to a country benefitting from an adequacy decision pursuant to Article 45 of Regulation (EU) 2016/679 that covers the onward transfer; ii. the third party otherwise ensures appropriate safeguards pursuant to Articles 46 or 47 Regulation of (EU) 2016/679 with respect to the processing in question;
iii. the onward transfer is necessary for the establishment, exercise or defence of legal claims in the context of specific administrative, regulatory or judicial proceedings; or iv. the onward transfer is necessary in order to protect the vital interests of the data subject or of another natural person.
Agreement No. 25-50 23 of 34 MONTCLAIR CITY COUNCIL MEETING – 08/04/2025 Page 40 of 139 9 Any onward transfer is subject to compliance by the data importer with all the other safeguards under these Clauses, in particular purpose limitation.
8.9 Documentation and compliance
a. The data importer shall promptly and adequately deal with enquiries from the data exporter that relate to the processing under these Clauses.
b. The Parties shall be able to demonstrate compliance with these Clauses. In particular, the data importer shall keep appropriate documentation on the processing activities carried out on behalf of the data exporter.
c. The data importer shall make available to the data exporter all information necessary to demonstrate compliance with the obligations set out in these Clauses and at the data exporter’s request, allow for and contribute to audits of the processing activities covered by these Clauses, at reasonable intervals or if there are indications of non- compliance. In deciding on a review or audit, the data exporter may take into account relevant certifications held by the data importer. d. The data exporter may choose to conduct the audit by itself or mandate an independent auditor. Audits may include inspections at the premises or physical facilities of the data importer and shall, where appropriate, be carried out with reasonable notice.
e. The Parties shall make the information referred to in paragraphs (b) and (c), including the results of any audits, available to the competent supervisory authority on request.
Clause 9
Use of sub-processors
MODULE TWO: Transfer controller to processor
a. OPTION 2: GENERAL WRITTEN AUTHORISATION The data importer has the data exporter’s general authorisation for the engagement of sub-processor(s) from an agreed list. The data importer shall specifically inform the data exporter in writing of any intended changes to that list through the addition or replacement of sub- processors at least 10 days in advance, thereby giving the data exporter sufficient time to be able to object to such changes prior to the engagement of the sub-processor(s). The data importer shall provide the data exporter with the information necessary to enable the data exporter to exercise its right to object.
b. Where the data importer engages a sub-processor to carry out specific processing activities (on behalf of the data exporter), it shall do so by way of a written contract that provides for, in substance, the same data protection obligations as those binding the data importer under these Clauses, including in terms of thirdparty beneficiary rights for data subjects.8 The Parties agree that, by complying with this Clause, the data importer fulfils its obligations under Clause 8.8. The data importer shall ensure that the sub-processor complies with the obligations to which the data importer is subject pursuant to these Clauses. c. The data importer shall provide, at the data exporter’s request, a copy of such a sub- processor agreement and any subsequent amendments to the data exporter. To the extent necessary to protect business secrets or other confidential information, including personal data, the data importer may redact the text of the agreement prior to sharing a copy.
d. The data importer shall remain fully responsible to the data exporter for the performance of the subprocessor’s obligations under its contract with the data importer. The data importer shall notify the data exporter of any failure by the sub- processor to fulfil its obligations under that contract. e. The data importer shall agree a third-party beneficiary clause with the sub-processor whereby - in the event the data importer has factually disappeared, ceased to exist in law or has become insolvent - the data exporter shall have the right to terminate the sub-processor contract and to instruct the sub-processor to erase or return the personal data.
Clause 10
Data subject rights
MODULE TWO: Transfer controller to processor
Agreement No. 25-50 24 of 34 MONTCLAIR CITY COUNCIL MEETING – 08/04/2025 Page 41 of 139 10 a. The data importer shall promptly notify the data exporter of any request it has received from a data subject. It shall not respond to that request itself unless it has been authorised to do so by the data exporter.
b. The data importer shall assist the data exporter in fulfilling its obligations to respond to data subjects’ requests for the exercise of their rights under Regulation (EU) 2016/679. In this regard, the Parties shall set out in Annex II the appropriate technical and organisational measures, taking into account the nature of the processing, by which the assistance shall be provided, as well as the scope and the extent of the assistance required.
c. In fulfilling its obligations under paragraphs (a) and (b), the data importer shall comply with the instructions from the data exporter.
Clause 11
Redress
a. The data importer shall inform data subjects in a transparent and easily accessible format, through individual notice or on its website, of a contact point authorised to handle complaints. It shall deal promptly with any complaints it receives from a data subject.
MODULE TWO: Transfer controller to processor
b. In case of a dispute between a data subject and one of the Parties as regards compliance with these Clauses, that Party shall use its best efforts to resolve the issue amicably in a timely fashion. The Parties shall keep each other informed about such disputes and, where appropriate, cooperate in resolving them. c. Where the data subject invokes a third-party beneficiary right pursuant to Clause 3, the data importer shall accept the decision of the data subject to:
i. lodge a complaint with the supervisory authority in the Member State of his/her habitual residence or place of work, or the competent supervisory authority pursuant to Clause 13; ii. refer the dispute to the competent courts within the meaning of Clause 18. d. The Parties accept that the data subject may be represented by a not-for-profit body, organisation or association under the conditions set out in Article 80(1) of Regulation (EU) 2016/679. e. The data importer shall abide by a decision that is binding under the applicable EU or Member State law. f. The data importer agrees that the choice made by the data subject will not prejudice his/her substantive and procedural rights to seek remedies in accordance with applicable laws.
Clause 12
Liability
MODULE TWO: Transfer controller to processor
a. Each Party shall be liable to the other Party/ies for any damages it causes the other Party/ies by any breach of these Clauses.
b. The data importer shall be liable to the data subject, and the data subject shall be entitled to receive compensation, for any material or non-material damages the data importer or its sub-processor causes the data subject by breaching the third-party beneficiary rights under these Clauses. c. Notwithstanding paragraph (b), the data exporter shall be liable to the data subject, and the data subject shall be entitled to receive compensation, for any material or non-material damages the data exporter or the data importer (or its sub-processor) causes the data subject by breaching the third-party beneficiary rights under these Clauses. This is without prejudice to the liability of the data exporter and, where the data exporter is a processor acting on behalf of a controller, to the liability of the controller under Regulation (EU) 2016/679 or Regulation (EU) 2018/1725, as applicable. d. The Parties agree that if the data exporter is held liable under paragraph (c) for damages caused by the data importer (or its sub-processor), it shall be entitled to claim back from the data importer that part of the compensation corresponding to the data importer’s responsibility for the damage. e. Where more than one Party is responsible for any damage caused to the data subject as a result of a breach of these Clauses, all responsible Parties shall be jointly and severally liable and the data subject is entitled to bring an action in court against any of these Parties. f. The Parties agree that if one Party is held liable under paragraph (e), it shall be entitled to claim back from the other Party/ies that part of the compensation corresponding to its / their responsibility for the damage. g. The data importer may not invoke the conduct of a sub-processor to avoid its own liability.
Agreement No. 25-50 25 of 34 MONTCLAIR CITY COUNCIL MEETING – 08/04/2025 Page 42 of 139 11 Clause 13
Supervision
MODULE TWO: Transfer controller to processor
a. Where the data exporter is not established in an EU Member State, but falls within the territorial scope of application of Regulation (EU) 2016/679 in accordance with its Article 3(2) without however having to appoint a representative pursuant to Article 27(2) of Regulation (EU) 2016/679: The supervisory authority of one of the Member States in which the data subjects whose personal data is transferred under these Clauses in relation to the offering of goods or services to them, or whose behaviour is monitored, are located, as indicated in Annex I.C, shall act as competent supervisory authority. b. The data importer agrees to submit itself to the jurisdiction of and cooperate with the competent supervisory authority in any procedures aimed at ensuring compliance with these Clauses. In particular, the data importer agrees to respond to enquiries, submit to audits and comply with the measures adopted by the supervisory authority, including remedial and compensatory measures. It shall provide the supervisory authority with written confirmation that the necessary actions have been taken.
SECTION III – LOCAL LAWS AND OBLIGATIONS IN CASE OF ACCESS BY PUBLIC AUTHORITIES Clause 14
Local laws and practices affecting compliance with the Clauses MODULE TWO: Transfer controller to processor
a. The Parties warrant that they have no reason to believe that the laws and practices in the third country of destination applicable to the processing of the personal data by the data importer, including any requirements to disclose personal data or measures authorising access by public authorities, prevent the data importer from fulfilling its obligations under these Clauses. This is based on the understanding that laws and practices that respect the essence of the fundamental rights and freedoms and do not exceed what is necessary and proportionate in a democratic society to safeguard one of the objectives listed in Article 23(1) of Regulation (EU) 2016/679, are not in contradiction with these Clauses. b. The Parties declare that in providing the warranty in paragraph (a), they have taken due account in particular of the following elements:
i. the specific circumstances of the transfer, including the length of the processing chain, the number of actors involved and the transmission channels used; intended onward transfers; the type of recipient; the purpose of processing; the categories and format of the transferred personal data; the economic sector in which the transfer occurs; the storage location of the data transferred;
ii. the laws and practices of the third country of destination– including those requiring the disclosure of data to public authorities or authorising access by such authorities – relevant in light of the specific circumstances of the transfer, and the applicable limitations and safeguards12;
iii. any relevant contractual, technical or organisational safeguards put in place to supplement the safeguards under these Clauses, including measures applied during transmission and to the processing of the personal data in the country of destination. c. The data importer warrants that, in carrying out the assessment under paragraph (b), it has made its best efforts to provide the data exporter with relevant information and agrees that it will continue to cooperate with the data exporter in ensuring compliance with these Clauses. d. The Parties agree to document the assessment under paragraph (b) and make it available to the competent supervisory authority on request.
e. The data importer agrees to notify the data exporter promptly if, after having agreed to these Clauses and for the duration of the contract, it has reason to believe that it is or has become subject to laws or practices not in line with the requirements under paragraph (a), including following a change in the laws of the third country or a measure (such as a disclosure request) indicating an application of such laws in practice that is not in line with the requirements in paragraph (a). The data exporter shall forward the notification to the controller.
f. Following a notification pursuant to paragraph (e), or if the data exporter otherwise has reason to believe that the data importer can no longer fulfil its obligations under these Clauses, the data exporter shall promptly identify appropriate measures (e.g. technical or organisational measures to ensure security and confidentiality) to be adopted by the data exporter and/or data importer to address the situation, if appropriate in consultation with the controller.
Agreement No. 25-50 26 of 34 MONTCLAIR CITY COUNCIL MEETING – 08/04/2025 Page 43 of 139 12 g. The data exporter shall suspend the data transfer if it considers that no appropriate safeguards for such transfer can be ensured, or if instructed by the controller or the competent supervisory authority to do so.
In this case, the data exporter shall be entitled to terminate the contract, insofar as it concerns the processing of personal data under these Clauses. If the contract involves more than two Parties, the data exporter may exercise this right to termination only with respect to the relevant Party, unless the Parties have agreed otherwise. Where the contract is terminated pursuant to this Clause, Clause 16(d) and (e) shall apply.
Clause 15
Obligations of the data importer in case of access by public authorities MODULE TWO: Transfer controller to processor
15.1 Notification
a. The data importer agrees to notify the data exporter and, where possible, the data subject promptly (if necessary with the help of the data exporter) if it:
i. receives a legally binding request from a public authority, including judicial authorities, under the laws of the country of destination for the disclosure of personal data transferred pursuant to these Clauses; such notification shall include information about the personal data requested, the requesting authority, the legal basis for the request and the response provided; or
ii. becomes aware of any direct access by public authorities to personal data transferred pursuant to these Clauses in accordance with the laws of the country of destination; such notification shall include all information available to the importer. The data exporter shall forward the notification to the controller.
b. If the data importer is prohibited from notifying the data exporter and/or the data subject under the laws of the country of destination, the data importer agrees to use its best efforts to obtain a waiver of the prohibition, with a view to communicating as much information as possible, as soon as possible. The data importer agrees to document its best efforts in order to be able to demonstrate them on request of the data exporter.
c. Where permissible under the laws of the country of destination, the data importer agrees to provide the data exporter, at regular intervals for the duration of the contract, with as much relevant information as possible on the requests received (in particular, number of requests, type of data requested, requesting authority/ies, whether requests have been challenged and the outcome of such challenges, etc.). The data exporter shall forward the information to the controller. d. The data importer agrees to preserve the information pursuant to paragraphs (a) to (c) for the duration of the contract and make it available to the competent supervisory authority on request. e. Paragraphs (a) to (c) are without prejudice to the obligation of the data importer pursuant to Clause 14(e) and Clause 16 to inform the data exporter promptly where it is unable to comply with these Clauses.
15.2 Review of legality and data minimisation
a. The data importer agrees to review the legality of the request for disclosure, in particular whether it remains within the powers granted to the requesting public authority, and to challenge the request if, after careful assessment, it concludes that there are reasonable grounds to consider that the request is unlawful under the laws of the country of destination, applicable obligations under international law and principles of international comity. The data importer shall, under the same conditions, pursue possibilities of appeal. When challenging a request, the data importer shall seek interim measures with a view to suspending the effects of the request until the competent judicial authority has decided on its merits. It shall not disclose the personal data requested until required to do so under the applicable procedural rules. These requirements are without prejudice to the obligations of the data importer under Clause 14(e). b. The data importer agrees to document its legal assessment and any challenge to the request for disclosure and, to the extent permissible under the laws of the country of destination, make the documentation available to the data exporter. It shall also make it available to the competent supervisory authority on request. The data exporter shall make the assessment available to the controller.
Agreement No. 25-50 27 of 34 MONTCLAIR CITY COUNCIL MEETING – 08/04/2025 Page 44 of 139 13 c. The data importer agrees to provide the minimum amount of information permissible when responding to a request for disclosure, based on a reasonable interpretation of the request.
SECTION IV – FINAL PROVISIONS
Clause 16
Non-compliance with the Clauses and termination
a. The data importer shall promptly inform the data exporter if it is unable to comply with these Clauses, for whatever reason.
b. In the event that the data importer is in breach of these Clauses or unable to comply with these Clauses, the data exporter shall suspend the transfer of personal data to the data importer until compliance is again ensured or the contract is terminated. This is without prejudice to Clause 14(f). c. The data exporter shall be entitled to terminate the contract, insofar as it concerns the processing of personal data under these Clauses, where:
i. the data exporter has suspended the transfer of personal data to the data importer pursuant to paragraph (b) and compliance with these Clauses is not restored within a reasonable time and in any event within one month of suspension;
ii. the data importer is in substantial or persistent breach of these Clauses; or iii. the data importer fails to comply with a binding decision of a competent court or supervisory authority regarding its obligations under these Clauses. • In these cases, it shall inform the competent supervisory authority and the controller of such noncompliance. Where the contract involves more than two Parties, the data exporter may exercise this right to termination only with respect to the relevant Party, unless the Parties have agreed otherwise. d. Personal data that has been transferred prior to the termination of the contract pursuant to paragraph (c) shall at the choice of the data exporter immediately be returned to the data exporter or deleted in its entirety. The same shall apply to any copies of the data. The data importer shall certify the deletion of the data to the data exporter. Until the data is deleted or returned, the data importer shall continue to ensure compliance with these Clauses. In case of local laws applicable to the data importer that prohibit the return or deletion of the transferred personal data, the data importer warrants that it will continue to ensure compliance with these Clauses and will only process the data to the extent and for as long as required under that local law.
e. Either Party may revoke its agreement to be bound by these Clauses where (i) the European Commission adopts a decision pursuant to Article 45(3) of Regulation (EU) 2016/679 that covers the transfer of personal data to which these Clauses apply; or (ii) Regulation (EU) 2016/679 becomes part of the legal framework of the country to which the personal data is transferred. This is without prejudice to other obligations applying to the processing in question under Regulation (EU) 2016/679.
Clause 17
Governing law
MODULE TWO: Transfer controller to processor
OPTION 1: These Clauses shall be governed by the law of one of the EU Member States, provided such law allows for third-party beneficiary rights. The Parties agree that this shall be the law of Ireland (specify Member State).
Clause 18
Choice of forum and jurisdiction
MODULE TWO: Transfer controller to processor
a. Any dispute arising from these Clauses shall be resolved by the courts of an EU Member State. b. The Parties agree that those shall be the courts of Ireland (specify Member State). c. A data subject may also bring legal proceedings against the data exporter and/or data importer before the courts of the Member State in which he/she has his/her habitual residence. d. The Parties agree to submit themselves to the jurisdiction of such courts.
Agreement No. 25-50 28 of 34 MONTCLAIR CITY COUNCIL MEETING – 08/04/2025 Page 45 of 139 14 ___________________
1 Where the data exporter is a processor subject to Regulation (EU) 2016/679 acting on behalf of a Union institution or body as controller, reliance on these Clauses when engaging another processor (sub-processing) not subject to Regulation (EU) 2016/679 also ensures compliance with Article 29(4) of Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295 of 21.11.2018, p. 39), to the extent these Clauses and the data protection obligations as set out in the contract or other legal act between the controller and the processor pursuant to Article 29(3) of Regulation (EU) 2018/1725 are aligned. This will in particular be the case where the controller and processor rely on the standard contractual clauses included in Decision […]. 2 This requires rendering the data anonymous in such a way that the individual is no longer identifiable by anyone, in line with recital 26 of Regulation (EU) 2016/679, and that this process is irreversible. 3 The Agreement on the European Economic Area (EEA Agreement) provides for the extension of the European Union's internal market to the three EEA States Iceland, Liechtenstein and Norway. The Union data protection legislation, including Regulation (EU) 2016/679, is covered by the EEA Agreement and has been incorporated into Annex XI thereto. Therefore, any disclosure by the data importer to a third party located in the EEA does not qualify as an onward transfer for the purpose of these Clauses.
4 The Agreement on the European Economic Area (EEA Agreement) provides for the extension of the European Union's internal market to the three EEA States Iceland, Liechtenstein and Norway. The Union data protection legislation, including Regulation (EU) 2016/679, is covered by the EEA Agreement and has been incorporated into Annex XI thereto. Therefore, any disclosure by the data importer to a third party located in the EEA does not qualify as an onward transfer for the purpose of these Clauses.
5 See Article 28(4) of Regulation (EU) 2016/679 and, where the controller is an EU institution or body, Article 29(4) of Regulation (EU) 2018/1725.
6 The Agreement on the European Economic Area (EEA Agreement) provides for the extension of the European Union's internal market to the three EEA States Iceland, Liechtenstein and Norway. The Union data protection legislation, including Regulation (EU) 2016/679, is covered by the EEA Agreement and has been incorporated into Annex XI thereto. Therefore, any disclosure by the data importer to a third party located in the EEA does not qualify as an onward transfer for the purposes of these Clauses.
7 This includes whether the transfer and further processing involves personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, genetic data or biometric data for the Agreement No. 25-50 29 of 34 MONTCLAIR CITY COUNCIL MEETING – 08/04/2025 Page 46 of 139 15 purpose of uniquely identifying a natural person, data concerning health or a person’s sex life or sexual orientation, or data relating to criminal convictions or offences.
8 This requirement may be satisfied by the sub-processor acceding to these Clauses under the appropriate Module, in accordance with Clause 7.
9 This requirement may be satisfied by the sub-processor acceding to these Clauses under the appropriate Module, in accordance with Clause 7.
10 That period may be extended by a maximum of two more months, to the extent necessary taking into account the complexity and number of requests. The data importer shall duly and promptly inform the data subject of any such extension.
11 The data importer may offer independent dispute resolution through an arbitration body only if it is established in a country that has ratified the New York Convention on Enforcement of Arbitration Awards. 12 As regards the impact of such laws and practices on compliance with these Clauses, different elements may be considered as part of an overall assessment. Such elements may include relevant and documented practical experience with prior instances of requests for disclosure from public authorities, or the absence of such requests, covering a sufficiently representative time-frame. This refers in particular to internal records or other documentation, drawn up on a continuous basis in accordance with due diligence and certified at senior management level, provided that this information can be lawfully shared with third parties. Where this practical experience is relied upon to conclude that the data importer will not be prevented from complying with these Clauses, it needs to be supported by other relevant, objective elements, and it is for the Parties to consider carefully whether these elements together carry sufficient weight, in terms of their reliability and representativeness, to support this conclusion. In particular, the Parties have to take into account whether their practical experience is corroborated and not contradicted by publicly available or otherwise accessible, reliable information on the existence or absence of requests within the same sector and/or the application of the law in practice, such as case law and reports by independent oversight bodies.
APPENDIX
EXPLANATORY NOTE:
It must be possible to clearly distinguish the information applicable to each transfer or category of transfers and, in this regard, to determine the respective role(s) of the Parties as data exporter(s) and/or data importer(s). This does not necessarily require completing and signing separate appendices for each transfer/category of transfers and/or contractual relationship, where this transparency can [be] achieved through one appendix. However, where necessary to ensure sufficient clarity, separate appendices should be used.
Agreement No. 25-50 30 of 34 MONTCLAIR CITY COUNCIL MEETING – 08/04/2025 Page 47 of 139 16 ANNEX I
A. LIST OF PARTIES
Data exporter(s): The entity identified as “Customer” in the DPA or Services Agreement Data importer(s): Governmentjobs.com, Inc. (D/B/A/ NEOGOV), parent company of PowerDMS, Inc., Cuehit, Inc., Ragnasoft LLC (D/B/A/ PlanIT Schedule), and Design PD, LLC (D/B/A Agency360) (collectively, “NEOGOV”)
1. Name: NEOGOV
2120 Park Place, Suite 100, El Segundo, CA 90245
Contact Anurag Ojha, CISO and contact details: Tel.: 310-426-6304 Fax: 310-426-6305 [email protected]
Activities relevant to the data transferred under these Clauses: NEOGOV provides cloud-based human resource and public safety software services and support solutions which process Personal Data upon the written instruction of the data exporter in accordance with the terms of the Services Agreement and this DPA.
Role (controller/processor): processor
B. DESCRIPTION OF TRANSFER
Categories of data subjects whose personal data is transferred Data exporter may submit Personal Data to the Services, the extent of which is determined and controlled by the data exporter in its sole discretion, and which may include, but is not limited to Personal Data relating to the following categories of data subjects:
• Customers, business partners, prospects, vendors, job applicants, employees, agents, advisors, freelancers, or contact persons of data exporter (who are natural persons), as well as employees or contact persons of all of the foregoing
• Any other users (who are natural persons) authorized by data exporter to use the Services Categories of personal data transferred
Data exporter may submit Personal Data to the Services, the extent of which is determined and controlled by the data exporter in its sole discretion, and which may include, but is not limited to the following categories of Personal Data:
• First and last name
• Title
• Position
• Employer
• Contact information (company, email, phone, physical business address) • ID data
• Professional life data
• Personal life data
• Connection data
• Localisation data
• Driver’s license, social security number, other government identifiers • Address
• Work and education history
• Age
• Signature
Sensitive data transferred (if applicable) and applied restrictions or safeguards that fully take into consideration the nature of the data and the risks involved, such as for instance strict purpose limitation, access restrictions (including access only for staff having followed specialised training), keeping a record of access to the data, restrictions for onward transfers or additional security measures.
Agreement No. 25-50 31 of 34 MONTCLAIR CITY COUNCIL MEETING – 08/04/2025 Page 48 of 139 17 • Data exporter may submit special categories of data to the Services, the extent of which is determined and controlled by the data exporter in its sole discretion, and which is for the sake of clarity Personal Data with information revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, tradeunion membership, and the processing of data concerning health or sex life The frequency of the transfer (e.g. whether the data is transferred on a one-off or continuous basis).
Transfer is continuous
Nature of the processing
Collecting, storing, deleting, altering, transferring and other processing as set forth in the agreement between the data exporter and data importer or data importer’s affiliate for the provision of data importer’s cloud-based human resource and public safety software services and support solutions, and related support, maintenance, implementation and training services
Purpose(s) of the data transfer and further processing
The objective of Processing of Personal Data by data importer is in furtherance of servicing the Customer, as well as the performance and operation of the Services pursuant to the Services Agreement.
The period for which the personal data will be retained, or, if that is not possible, the criteria used to determine that period
Duration of the processing shall correspond to the duration of the Services Agreement except where otherwise required by applicable law or legal obligation, or for NEOGOV to protect its rights or those of a third party.
For transfers to (sub-)processors, also specify subject matter, nature and duration of the processing When sub-processors are involved (see list provided), transfer is limited to transfer necessary for the performance of the agreement, and for its duration.
C. COMPETENT SUPERVISORY AUTHORITY
MODULE TWO: Transfer controller to processor
Identify the competent supervisory authority/ies in accordance with Clause 13, and where possible, select the Irish Data Protection Commission.
…
Agreement No. 25-50 32 of 34 MONTCLAIR CITY COUNCIL MEETING – 08/04/2025 Page 49 of 139 18 ANNEX II - TECHNICAL AND ORGANISATIONAL MEASURES INCLUDING TECHNICAL AND ORGANISATIONAL
MEASURES TO ENSURE THE SECURITY OF THE DATA
MODULE TWO: Transfer controller to processor
EXPLANATORY NOTE:
The technical and organisational measures must be described in specific (and not generic) terms. See also the general comment on the first page of the Appendix, in particular on the need to clearly indicate which measures apply to each transfer/set of transfers.
Description of the technical and organisational measures implemented by the data importer(s) (including any relevant certifications) to ensure an appropriate level of security, taking into account the nature, scope, context and purpose of the processing, and the risks for the rights and freedoms of natural persons.
Data importer will maintain administrative, physical, and technical safeguards for protection of the security, confidentiality and integrity of any Personal Data uploaded to the Services or otherwise maintained on behalf of data exporter (as Data Controller). Data importer reserves the right to update the security controls from time-to-time, provided that at no time shall data importer materially and to the adverse impact of data exporter, decrease the overall security of the Services during a subscription term.
Measures in place:
• Measures of pseudonymisation and encryption of personal data • Measures for ensuring ongoing confidentiality, integrity, availability and resilience of processing systems and services
• Measures for ensuring the ability to restore the availability and access to personal data in a timely manner in the event of a physical or technical incident
• Processes for regularly testing, assessing and evaluating the effectiveness of technical and organisational measures in order to ensure the security of the processing • Measures for user identification and authorisation
• Measures for the protection of data during transmission • Measures for the protection of data during storage
• Measures for ensuring system configuration, including default configuration • Measures for internal IT and IT security governance and management • Measures for certification/assurance of processes and products For transfers to (sub-) processors, also describe the specific technical and organisational measures to be taken by the (sub-) processor to be able to provide assistance to the controller and, for transfers from a processor to a subprocessor, to the data exporter ANNEX III – LIST OF SUB-PROCESSORS
MODULE TWO: Transfer controller to processor
MODULE THREE: Transfer processor to processor
The controller has authorized the use of the following sub-processors:
Sub-Processor Use
NEOGOV or PowerDMS
Products
Amazon Web Services Compute, storage, email sending from in app PowerDMS Google Customer communications, analytics All
Salesforce Sales process and customer service All
Agreement No. 25-50 33 of 34 MONTCLAIR CITY COUNCIL MEETING – 08/04/2025 Page 50 of 139 19 GuideCS Implementation All
Docebo Implementation, training PowerDMS
Gainsight Analytics All
DataDog Application health monitoring PowerDMS
AppDynamics Application health monitoring NEOGOV
MailGun Outbound email service NEOGOV
Twilio Outbound email and text messaging PowerDMS
Azure Commercial Cloud Computer and storage NEOGOV
Blue Jacket Technology,
Inc.
Outsourced customer service and contracting
support All
LingaTech, Inc.
Outsourced customer service and contracting
support All
One360 Outsourced customer support PowerDMS
Agreement No. 25-50 34 of 34 MONTCLAIR CITY COUNCIL MEETING – 08/04/2025 Page 51 of 139
CITY COUNCIL
AGENDA REPORT
DATE: AUGUST 4, 2025
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 2
FILE I.D.: PTD175
DEPT.: POLICE
PREPARER: A. GRAZIANO
SUBJECT: CONSIDER APPROVAL OF AGREEMENT NO. 25–55 WITH LEADSONLINE, LLC FOR
CELLHAWK AND NIGHTHAWK CELLULAR PHONE DATA MAPPING AND ANALYSIS
SYSTEMS FOR USE IN CRIMINAL INVESTIGATIONS FOR THE POLICE DEPARTMENT,
SUBJECT TO ANY REVISIONS DEEMED NECESSARY BY THE CITY ATTORNEY
CONSIDER AUTHORIZING POLICE CHIEF JASON REED TO SIGN SAID AGREEMENT REASON FOR CONSIDERATION: The City Council is requested to consider approval of Agreement No. 25–55 with LeadsOnline, LLC for CellHawk and NightHawk cellular phone data mapping and analysis systems for use in criminal investigations for the Police Department, subject to any revisions deemed necessary by the City Attorney, and authorize Police Chief Jason Reed to sign said agreement.
A copy of proposed Agreement No. 25–55 is attached for the City Council’s review and consideration.
BACKGROUND: Since the widespread use of cellular phones became the norm, the use of call records and location data through search warrants and court orders has become an invaluable investigative tool for tracking suspects’ activities and locations. Previously, investigators would create spreadsheets and pin maps to plot locations and times for target phones, and often the data was incomplete or gave imprecise areas surrounding cell towers. As the technology has matured, the quantity and quality of the data has improved significantly, but this has created difficulties in analyzing more data.
The Police Department currently has an annual subscription for TRAX cellular phone data mapping and analysis software with LexisNexis; however, users are experiencing processing delays, software crashes, and slow response times from the TRAX support team. The Department does not currently have a service provider to analyze social media returns and TRAX does not offer this service.
The Department was granted trial access to LeadsOnline’s services, NightHawk and CellHawk. During the trial period, the functionality and effectiveness of both platforms were evaluated using our cases involving call–detail records (CDRs) and social media data.
In one series of commercial burglaries in Montclair, a detective obtained the suspect’s CDRs, which were then uploaded into both NightHawk and CellHawk. The analysis revealed additional locations that had been surveilled or burglarized by the suspect’s crew, helping establish the suspect’s modus operandi. This was made possible through the platforms’ instant, web–based mapping capabilities.
In another case, a detective used NightHawk to analyze three social media data returns from Facebook. The system enabled efficient viewing of message exchanges between profiles and additional communications with other profiles. NightHawk’s keyword search MONTCLAIR CITY COUNCIL MEETING – 08/04/2025 Page 52 of 139 feature also proved valuable for isolating relevant content during the investigation.
Additionally, in a homicide case earlier this year, CDRs were obtained for the identified suspect. After uploading the records into the platform, detectives were able to identify top contacts and calls on specific dates. This provided critical insight into the suspect’s communications before and after the incident, as well as a visual representation of the suspect’s movements via the mapping feature.
The Department is therefore requesting to purchase subscription services from LeadsOnline for cellular phone data mapping and analysis and social media return analysis. CellHawk is used for cell phone mapping and analysis, which is a web–based solution for analyzing and mapping call–detail records. NightHawk ingests various types of data files, including social media returns, and is also a web–based solution. Both services require each user to have an individual login account, which would allow detectives to upload data, create link analysis charts, and visualize connections to their cases. The Department is requesting to purchase four user licenses for both CellHawk and NightHawk.
LeadsOnline provided a quote of $17,770 for one year of access to its CellHawk and NightHawk GIS cellular phone data mapping and social media analysis software. This quote is for three CellHawk users, with a fourth bonus user at no charge, and four NightHawk users. The term of the proposed agreement is for three years of service with no yearly cost increase for the term of the contract. LeadsOnline is the sole source provider of CellHawk and NightHawk services, which contain features and functionalities that are not available from any other supplier, distributor, or vendor.
FISCAL IMPACT: Included in the Police Department Fiscal Year 2025–26 Budget is $17,770 for cell phone mapping and analysis services in Capital Outlay Account No. 1001–4425–62010–400–00000.
Should the City Council approve Agreement No. 25–55, two additional years of service would result in an expenditure of $17,770 each year from the General Fund, which would be included in the Police Department’s 2026–27 and 2027–28 budgets.
RECOMMENDATION: Staff recommends the City Council take the following actions:
1. Approve Agreement No. 25–55 with LeadsOnline, LLC for CellHawk and NightHawk cellular phone data mapping and analysis systems for use in criminal investigations for the Police Department, subject to any revisions deemed necessary by the City Attorney.
2. Authorize Police Chief Jason Reed to sign said Agreement.
MONTCLAIR CITY COUNCIL MEETING – 08/04/2025 Page 53 of 139 © 2000-2025 LEADSONLINE, LLC. ALL RIGHTS RESERVED. ORDER SUMMARY. (v.2025.02) PAGE 1 LEADSONLINE ORDER SUMMARY NO. S-14684
MONTCLAIR CA PD
AGENCY ID: 7106 | ORDER TOTAL: $0.00
YEAR ONE (Due Now)
DUE DATE SCOPE OF SERVICES RATE QTY SUBTOTAL DISC.% AMOUNT 08/01/2025 CellHawk Subscription Custom $1,775.00 3 $5,325.00 0% $5,325.00 08/01/2025 NightHawk User License Custom $3,275.00 4 $13,100.00 5% $12,445.00 08/01/2025 Bonus CellHawk User License(s) $3,250.00 1 $3,250.00 100% $0.00 Total: $17,770.00
YEAR TWO
DUE DATE SCOPE OF SERVICES RATE QTY SUBTOTAL DISC.% AMOUNT 08/01/2026 CellHawk Subscription $1,775.00 3 $5,325.00 0% $5,325.00 08/01/2026 NightHawk User License $3,275.00 4 $13,100.00 5% $12,445.00 08/01/2026 Bonus CellHawk User License(s) $3,250.00 1 $3,250.00 100% $0.00 Total: $17,770.00
YEAR THREE
DUE DATE SCOPE OF SERVICES RATE QTY SUBTOTAL DISC.% AMOUNT 08/01/2027 CellHawk Subscription $1,775.00 3 $5,325.00 0% $5,325.00 08/01/2027 NightHawk User License $3,275.00 4 $13,100.00 5% $12,445.00 08/01/2027 Bonus CellHawk User License(s) $3,250.00 1 $3,250.00 100% $0.00 Total: $17,770.00
PAYMENT TERMS & TAXES
Unless otherwise specified on the Order Form(s), Customer must pay all fees within 30 days of each anniversary during the Initial Term and any subsequent Renewal Term. Eligible credits will be reviewed, assessed, and applied following the full execution of the Agreement and Order Form(s).
FEES ARE EXCLUSIVE OF SALES, USE, WITHHOLDING, VAT, AND OTHER SIMILAR TAXES, AND IF REQUIRED BY LAW CUSTOMER IS RESPONSIBLE FOR PAYMENT OF SUCH TAXES. ANY TAXES REFERENCED AND/OR QUOTED ARE ESTIMATES ONLY, AND NOT ALL SERVICES AND/OR HARDWARE MAY BE SUBJECT TO TAXATION. FINAL TAX AMOUNTS WILL BE DETERMINED BASED ON APPLICABLE LAWS AT THE TIME OF INVOICING.
CUSTOMER SHOULD PROVIDE A TAX EXEMPTION CERTIFICATE IF APPLICABLE.
BUNDLE DISCOUNTS
Bundle discounts are contingent on Customer’s annual renewal of each Service qualifying Customer for each discount. Should the associated Agreement and/or this, or any other associated Order Form, terminate for any reason, all discounts granted will be immediately revoked.
Discounts Applied: Bonus CellHawk User License and Two-Product Discount
BONUS USER LICENSES
Should bonus user license(s) be granted to Customer, each bonus user is contingent on Customer’s annual renewal of the Service. Each bonus user granted under this Order Form will be revoked immediately should the Agreement or this Order Form terminate for any reason.$0.00
Agreement No. 25–55
MONTCLAIR CITY COUNCIL MEETING – 08/04/2025 Page 54 of 139 © 2000-2025 LEADSONLINE, LLC. ALL RIGHTS RESERVED. LEA/SSA (v.2025.02) PAGE 2
SUBSCRIPTION SERVICES AGREEMENT
This Subscription Services Agreement (Agreement) is between LeadsOnline, LLC, a Delaware limited liability company (LeadsOnline), Montclair CA PD (Customer), and is effective as of the date of the last signature below. This Agreement contemplates one or more Order Forms for Services, which are governed by the terms of this Agreement.
1. SERVICE
a. This Agreement and the applicable Order Form provide Customer access to and usage of solution services involving hardware devices provided by LeadsOnline with accompanying software needed to operate such hardware and/or an Internet-based software service, including, without limitation, its features, functions, and user interface, and underlying software, which may be limited to a set number of Eligible Users, as defined and specified on an Order Form (Service).
2. USE OF SERVICE
a. Customer Owned Data. All data, information, images, and files uploaded or otherwise entered by Customer into the Service remains the property of Customer, as between LeadsOnline and Customer (Customer Property), unless otherwise specified in the applicable Order Form regarding licensing terms for the Service offered under said Order Form. b. Responsibilities for Customer Property. Customer represents and warrants to LeadsOnline that Customer has provided all required notices and has obtained all required licenses, permissions, and consents regarding Customer Property for use within the Service under this Agreement. Customer grants LeadsOnline the right to use the Customer Property solely for Purposes of performing under this Agreement (which includes, without limitation, the right for LeadsOnline to enhance its technology and offerings). LeadsOnline will purge any or all Customer Property upon Customer’s written request. Customer may export its Customer Property as allowed by functionality within the Service.
c. General Responsibilities. Customer must (i) ensure that access to Service and information produced by or derived from it is limited to the Purpose defined in the Order Form, (ii) maintain any data accessed, received or otherwise derived from Service according to all applicable statutes, laws and regulations for use and disclosure of non-public personal information, (iii) connect to Service only using devices and browsers with proper encryption, (iv) promptly notify LeadsOnline (within the Service or by email to [email protected]) when an Eligible User is no longer employed by Customer or is no longer authorized to access Service, (v) ensure that each Eligible User is acting within the bounds of their authority from Customer and within their legal rights to search, possess, enter, analyze and use, all information and data submitted to and received from the Service, (vi) refrain from any use, misuse or actions related to Service or Data that infringe, misappropriate, or otherwise violate any right of anyone, or that violate any applicable law, and ensure that any instructions or directives Customer gives to or regarding anyone do not conflict with applicable laws, (vii) use any hardware provided by LeadsOnline solely for the Purpose defined in the Order Form and in accordance with all applicable instructions, policies, and documentation provided by LeadsOnline, (viii) ensure that the hardware is used only by Eligible Users authorized under this Agreement and is not transferred, loaned, or sublicensed to any unauthorized person or entity, (ix) keep all hardware provided as part of the Service in good working condition, refrain from any unauthorized repairs, modifications, or tampering, and promptly notify LeadsOnline of any malfunction, damage, or loss, and (x) verify the accuracy, timeliness, context and relevance of information or communication from Service or personnel prior to taking action. Customer acknowledges that LeadsOnline does not enforce laws, does not provide legal advice, and does not claim to have authority or expertise in legal or law enforcement matters. d. Governmental Agency Public Records Clause. If Customer is a government agency and is required by law to permit the inspection and copying of public records, Customer acknowledges the Service contains information protected by exemptions to public disclosure laws in many states, and if Customer searches the Service in response to a request for Public Records, Customer is acting on its own accord. LeadsOnline does not grant Customer access to the Service for the Purpose of searching for or creating records to respond to a public records request when Customer did not have the record in its possession at the time of the request. e. Customer Responsibilities. Customer: (i) must keep its passwords secure and confidential and use industry-standard password management practices, and ensure that any credentials related to the hardware under the Service are protected from unauthorized access; (ii) is responsible for its access control policies and administration of access rights to its account within the Service, the acts and omissions of its users, and the legality and accuracy of any data submitted to the Service, may not share any access credentials and must also prevent unauthorized access, tampering, or misuse of any hardware provided under the Service; (iii) must use commercially reasonable efforts to prevent unauthorized access to its account, and notify LeadsOnline promptly of any such unauthorized access; (iv) may use the Service and any associated hardware only in accordance with the Service's technical MONTCLAIR CITY COUNCIL MEETING – 08/04/2025 Page 55 of 139 © 2000-2025 LEADSONLINE, LLC. ALL RIGHTS RESERVED. LEA/SSA (v.2025.02) PAGE 3 documentation (including without limitation, video tutorials) and applicable law; and (v) must follow all provided guidelines for hardware setup, maintenance, and operation to ensure compliance and functionality under the Service. f. LeadsOnline Support. Unless otherwise specified in the applicable Order Form, LeadsOnline must provide Customer support for the Service under the terms of LeadsOnline's Customer Support Policy (Support), which is located at leadsonline.com/customer-support.
3. WARRANTY DISCLAIMER
a. THE SERVICE IS PROVIDED ‘AS IS' WITHOUT WARRANTY. LEADSONLINE DISCLAIMS ALL WARRANTIES, INCLUDING,
WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, AND FITNESS FOR A PARTICULAR PURPOSE. WHILE LEADSONLINE TAKES REASONABLE PHYSICAL, TECHNICAL, AND ADMINISTRATIVE MEASURES TO
SECURE THE SERVICE, CUSTOMER UNDERSTANDS THAT THE SERVICE MAY NOT BE ERROR FREE, AND USE MAY BE INTERRUPTED.
b. While Customer acknowledges that the Service may not be error-free and may not fully meet Customer’s expectations, LeadsOnline does warrant that the Service is free from defects that will substantially affect performance, and that it has used commercially available tools designed to discern that no viruses or other security defects are present. LeadsOnline further warrants that the Service will function substantially in accordance with the Order Form. LeadsOnline will not intentionally introduce any virus, Trojan horse, spyware, malware, or other malicious code designed to erase, damage, or unlawfully interfere with Customer’s equipment, data, or other programs. Notwithstanding the foregoing, Customer acknowledges and agrees that the Service may contain functionality that allows LeadsOnline to remotely disable or limit the hardware's operation in accordance with this Agreement, including but not limited to instances of non-payment or material breach by Customer. c. LeadsOnline cannot control the decisions and actions of Customer. LeadsOnline expressly disclaims and does not undertake or assume any duty, obligation or responsibility for any decisions, actions, reactions, responses, inaction by Customer or any other party as a result of or reliance on, in whole or in part, any use of the Service or information derived from it, or for any consequences or outcomes including death, injury, loss or damage to any property arising from or caused by any such actions decisions, reactions, responses, or inaction.
4. PAYMENT
a. Fees and Payment. Customer must pay all fees as specified on the Order Form, but if not specified, then within 30 days of receipt of an invoice. The fees are exclusive of sales, use, withholding, VAT, and other similar taxes, and if required by law Customer is responsible for payment of such taxes.
b. Nonpayment. LeadsOnline will provide electronic notice (within the Service) and notice to the email registered with LeadsOnline (Customer is responsible for maintaining an updated email address with LeadsOnline) of the non-payment of an open invoice. If the payment is not made within 7 days of the first notice, then LeadsOnline may suspend Service and Support until the amount is paid in full or terminate the Service upon 30 days’ notice under Section 9(c).
5. MUTUAL CONFIDENTIALITY
a. Definition of Confidential Information. Confidential Information means all non-public information disclosed by a party (Discloser) to the other party (Recipient), whether orally, visually, or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure (Confidential Information).
LeadsOnline's Confidential Information includes, without limitation, the Service. Customer's Confidential Information includes, without limitation, the Customer Property.
b. Protection of Confidential Information. Recipient must use the same degree of care that it uses to protect the confidentiality of its own confidential information of like kind (but not less than reasonable care) to: (i) not use any Confidential Information of Discloser for any Purpose outside the scope of this Agreement; and (ii) limit access to Confidential Information of Discloser to those of its and its Affiliates’ employees and contractors who need that access for Purposes consistent with this Agreement, and who have a legal obligation under law or policy regarding confidentiality or have signed confidentiality Agreements with Recipient containing protections not materially less protective of the Confidential Information than those in this Agreement. c. Exclusions. Confidential Information excludes information that: (i) is or becomes generally known to the public without breach of any obligation owed to Discloser; (ii) was known to the Recipient before its disclosure by the Discloser without breach of any obligation owed to the Discloser; (iii) is received from a third party without breach of any obligation owed to Discloser; or (iv) is independently MONTCLAIR CITY COUNCIL MEETING – 08/04/2025 Page 56 of 139 © 2000-2025 LEADSONLINE, LLC. ALL RIGHTS RESERVED. LEA/SSA (v.2025.02) PAGE 4 developed by the Recipient without use of or access to the Confidential Information. The Recipient may disclose Confidential Information to the extent required by law or court order but will provide Discloser with advance notice to seek a protective order unless otherwise directed by the court.
6. INFORMATION SECURITY
a. Data Security Measures. To protect Customer Property from unauthorized disclosure, alteration, or misuse, LeadsOnline shall:
i. Agree to the terms of the Federal Bureau of Investigation Criminal Justice Information Services (FBI CJIS) Security Addendum. ii. Ensure that LeadsOnline personnel with unescorted access to unencrypted Customer Property and/or physically secure locations have:
• Completed CJIS Security Awareness Training and have passed the Level Four CJIS Security Test designed for Information technology personnel (system administrators, security administrators, network administrator). • Submitted to and successfully passed state of residency and national fingerprint-based record checks. iii. Apply appropriate controls according to the AICPA Trust Services Criteria for Security so as to maintain a secure environment for all Customer Property.
iv. Maintain proper encryption of data in transit using 256-Bit Transport Layer Security (TLS) and at rest using FIPS 140-2 standards. v. Maintain advanced firewall and intrusion protection, database partitioning, patch management, account management, identification and authentication, configuration management and third-party application and network penetration tests. vi. Log events relative to access and use of the Services; maintain and protect logs from disclosure, alteration, or misuse. vii. Respond to security incidents; In the event of a data breach (as defined by applicable law), of Customer Property, LeadsOnline will act to eliminate the breach, preserve forensic evidence, and notify Customer without undue delay. LeadsOnline shall have no obligation to notify consumers or regulatory authorities of a breach of Customer data that was not the result of a data security incident experienced by LeadsOnline.
viii. Purge any Customer Property upon Customer’s written request.
7. INSURANCE
a. Insurance Policies. LeadsOnline shall maintain insurance policies for property, general liability, auto, workers compensation, errors and omissions/cyber liability insurance.
b. Additional Insured. For the purposes of this Agreement, Customer, its officers, officials, employees, and volunteers shall be deemed additional insureds on the general liability policy with respect to liability arising out of work or operations performed by or on behalf of LeadsOnline. Additional insured coverage shall be evidenced in the form of Blanket Certificate of Endorsement upon Customer’s request.
8. PROPERTY
a. Reservation of Rights. LeadsOnline and its licensors are the sole owners of the Service, including all associated intellectual property rights, and they remain only with LeadsOnline. Title to any hardware provided under this Agreement passes to Customer upon full payment as specified in the Order Form; however, LeadsOnline retains all intellectual property rights related to any software, firmware, or proprietary technology embedded in or used to operate the hardware. Customer may not remove or modify any proprietary marking or restrictive legends in the Service. LeadsOnline reserves all rights that are not expressly granted in this Agreement. b. Restrictions. Customer may not: (i) share, provide, sell, resell, rent, or lease the Service or use it in a service-provider capacity or allow access to the Service, its output, or any associated hardware, software, firmware, or proprietary technology by a third party, except as expressly permitted in this Agreement; (ii) use the Service or any hardware provided as part of the Service, to store or transmit unsolicited marketing emails, libelous, or otherwise objectionable, unlawful, or tortious material, or to store or transmit infringing material in violation of third party rights; (iii) interfere with or disrupt the integrity or performance of the Service, including but not limited to tampering with, modifying, or attempting to bypass any security, tracking, or management features within any software or hardware provided as part of the Service; (iv) attempt to gain unauthorized access to the Service or its related systems or networks or use any automated means to monitor, access or copy any data from the Service; (v) reverse engineer, decompile, disassemble, or MONTCLAIR CITY COUNCIL MEETING – 08/04/2025 Page 57 of 139 © 2000-2025 LEADSONLINE, LLC. ALL RIGHTS RESERVED. LEA/SSA (v.2025.02) PAGE 5 otherwise attempt to discover the underlying technology, software, or firmware of the Service or hardware, or modify, alter, or remove any proprietary markings or security features; (vi) resell, transfer, or dispose of the hardware in a manner inconsistent with this Agreement, including attempting to sublicense or lease it to a third party without LeadsOnline’s prior written consent; the Service; or (vii) access the Service to build a competitive service or product, or copy any feature, function, or graphic. LeadsOnline may suspend Service to Customer if LeadsOnline believes in good faith that Customer’s use of the Service poses threat to the security, availability, or legality of the Service; in such event, LeadsOnline will work with Customer to address the issue and restore Service as quickly as possible.
c. Audit Information. LeadsOnline logs events related to user registration, contacts, access, and use of the Services for legal, audit, security, and support Purposes (Audit Information). Audit Information is not Customer Property.
9. TERM & TERMINATION
a. Term. This Agreement continues until the 30th day after all Order Forms have expired or earlier terminated as provided below. b. Term of Order Forms. The term of each Order Form is specified in the Order Form. c. Mutual Termination for Material Breach. If either party is in material breach of this Agreement, the other party may terminate this Agreement at the end of a written 30-day (30) notice/cure period if the breach has not been cured. d. Termination by Mutual Consent. This Agreement and/or any Order Form may be terminated by the mutual consent of both parties. e. Termination of an Order Form Due to Non-Appropriation of Funds. Government Customers may terminate services in an Order Form by providing sixty (60) days’ written notice to LeadsOnline prior to the next contract year if funding to make the next scheduled payment is not duly appropriated and authorized.
f. Return of Customer Property:
• Within sixty (60) days after termination, upon written or electronic request LeadsOnline will make the Service available for Customer to export Customer Property as provided in Section 2(a). • After such a sixty-day (60) period, LeadsOnline has no obligation to maintain the Customer Property and may destroy it.
10.LIABILITY LIMIT
a. Indemnification for Third-Party Claims. LeadsOnline will defend or settle any third-party claim against Customer to the extent that such claim alleges that the LeadsOnline technology used to provide the Service violates a copyright, patent, or trademark (IP Indemnity Claim), if Customer: promptly notifies LeadsOnline of the claim in writing; cooperates with LeadsOnline in the defense; and allows LeadsOnline to solely control the defense or settlement of the claim. Costs. LeadsOnline will pay infringement claim defense costs it incurs in defending Customer, and LeadsOnline-negotiated settlement amounts, and court awarded damages.
Process. If such a claim appears likely, then LeadsOnline may modify the Service, procure the necessary rights, or replace it with the functional equivalent. If LeadsOnline determines that none of these are reasonably available, then LeadsOnline may terminate the Service and refund any prepaid and unused fees. Exclusions. LeadsOnline has no obligation for any claim arising from: Customer’s misuse of the Services, LeadsOnline’s compliance with Customer’s designs, specification, instructions, or technical information; a combination of the Service with other technology or aspects where the infringement would not occur but for the combination; Customer’s directives, access or use of, or laws or policies applicable to Customer regarding the information and sources thereof accessible via the Services including Customer Property; or technology or aspects not provided by LeadsOnline. THIS SECTION CONTAINS CUSTOMER’S EXCLUSIVE REMEDIES AND LEADSONLINE’S SOLE LIABILITY FOR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS.
b. EXCLUSION OF INDIRECT DAMAGES. TO THE MAXIMUM EXTENT ALLOWED BY LAW, LEADSONLINE IS NOT LIABLE FOR
ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT (INCLUDING, WITHOUT LIMITATION, COSTS OF DELAY; LOSS OF OR UNAUTHORIZED ACCESS TO DATA OR INFORMATION; AND LOST PROFITS, REVENUE, OR ANTICIPATED COST SAVINGS), EVEN IF IT KNOWS OF THE POSSIBILITY OR FORESEEABILITY OF SUCH DAMAGE OR LOSS.
c. TOTAL LIMIT ON LIABILITY. TO THE MAXIMUM EXTENT ALLOWED BY LAW, EXCEPT FOR LEADSONLINE'S INDEMNITY
OBLIGATIONS RELATING TO IP INDEMNITY CLAIMS, LEADSONLINE'S TOTAL LIABILITY ARISING OUT OF OR RELATED TO
THIS AGREEMENT (WHETHER IN CONTRACT, TORT, OR OTHERWISE) DOES NOT EXCEED THE AMOUNT PAID BY CUSTOMER WITHIN THE 12-MONTH PERIOD PRIOR TO THE EVENT THAT GAVE RISE TO THE LIABILITY, EXCEPT THAT THE ABOVE LIMITATION DOES NOT APPLY TO CUSTOMER'S PAYMENT OBLIGATIONS FOR THE SERVICE.
MONTCLAIR CITY COUNCIL MEETING – 08/04/2025 Page 58 of 139 © 2000-2025 LEADSONLINE, LLC. ALL RIGHTS RESERVED. LEA/SSA (v.2025.02) PAGE 6
11. GOVERNING LAW & FORUM
a. Government Customers. This Agreement is governed by the laws of the State where Customer is located (without regard to conflicts of law principles) for any dispute between the parties or relating in any way to the subject matter of this Agreement. Any suit or legal proceeding must be exclusively brought in the federal or state courts for the County where Customer is located, and each party submits to this personal jurisdiction and venue. Nothing in this Agreement prevents either party from seeking injunctive relief in a court of competent jurisdiction.
b. All other Customers. For all other Customers, this agreement is governed by the laws of the State of Texas (without regard to conflicts of law principles) for any dispute between the parties or relating in any way to the subject matter of this agreement. Any suit or legal proceeding must be exclusively brought in the federal or state courts for Collin County, Texas and Customer submits to this personal jurisdiction and venue. Nothing in this agreement prevents either party from seeking injunctive relief in a court of competent jurisdiction.
The prevailing party in any litigation is entitled to recover its attorneys' fees and costs from the other party.
12.OTHER TERMS
a. Entire Agreement and Changes. This Agreement and the Order Form constitute the entire Agreement between the parties and supersede any prior or contemporaneous negotiations or Agreements, whether oral or written, related to this subject matter. Customer is not relying on any representation concerning this subject matter, oral or written, not included in this Agreement. No representation, promise, or inducement not included in this Agreement is binding. No modification or waiver of any term of this Agreement is effective unless both parties sign an amendment to this Agreement. b. No Assignment. Neither party may assign or transfer this Agreement to a third party, except that the Agreement and all Order Forms may be assigned without the consent of the other party as part of a merger or sale of all or substantially all a party's businesses, assets, not involving a competitor of the other party, or at any time to an Affiliate. c. Export Compliance. The Service and Confidential Information may be subject to export laws and regulations of the United States and other jurisdictions. Each party represents that it is not named on any U.S. government denied-party list. Neither party will permit its personnel or representatives to access any Service in a U.S.-embargoed country or in violation of any applicable export law or regulation.
d. Independent Contractors. The parties are independent contractors with respect to each other, and neither party is an employee, or partner of the other party or the other party's Affiliates. e. Enforceability and Force Majeure. If any term of this Agreement is invalid or unenforceable, the other terms remain in effect. Neither party is liable for its non-performance due to events beyond its reasonable control, including but not limited to natural weather events and disasters, labor disruptions, and disruptions in the supply of utilities. f. Money Damages Insufficient. Any breach by a party of this Agreement or violation of the other party's intellectual property rights could cause irreparable injury or harm to the other party. The other party may seek a court order to stop any breach or avoid any future breach of this Agreement.
g. No Additional Terms. LeadsOnline rejects additional or conflicting terms of any Customer form-purchasing document. h. Order of Precedence. If there is an inconsistency between this Agreement and an Order Form, the Order Form prevails. i. Survival of Terms. All provisions of this Agreement regarding payment, confidentiality, indemnification, limitations of liability, proprietary rights, and such other provisions that by fair implication require performance beyond the term of this Agreement shall survive expiration or termination of this Agreement until fully performed or otherwise are inapplicable. j. Feedback. If Customer provides feedback or suggestions about the Service, then LeadsOnline (and those it allows to use its technology) may use such information without obligation to Customer. < < < SIGNATURE PAGE TO FOLLOW > > >
MONTCLAIR CITY COUNCIL MEETING – 08/04/2025 Page 59 of 139 © 2000-2025 LEADSONLINE, LLC. ALL RIGHTS RESERVED. LEA/SSA (v.2025.02) PAGE 7
13.SIGNATURES
a. Each representative identified below represents and warrants that it has the full power, right and authority to enter into this Agreement on behalf of its respective party.
LEADSONLINE, LLC
(LEADSONLINE)
MONTCLAIR CA PD
(CUSTOMER)
Signature: [leadsOnlineLlcSignerSignature_nD2Rvyi] Signature: [counterpartySignerSignature_YP5Qw1b] Printed Name: Alexander Finley Printed Name: [counterpartySignerName_FlIbbeW] Title: CEO Title: [counterpartySignerTitle_9W4vlIa]
Date: [leadsOnlineLlcSignerDateField_JbivMPq] Date: [counterpartySignerDateField_DYso7St] Address: 6900 Dallas Parkway, Suite 825, Plano, TX 75024, United States Address: 4870 Arrow Hwy, Montclair, California 91763, United States MONTCLAIR CITY COUNCIL MEETING – 08/04/2025 Page 60 of 139 © 2000-2025 LEADSONLINE, LLC. ALL RIGHTS RESERVED. LEA/NIGHTHAWK (v.2025.02) PAGE 8
LEADSONLINE NIGHTHAWK SUBSCRIPTION
ORDER FORM NO. Q-01672 | AGENCY ID: 7106
CUSTOMER: UNIT:
MONTCLAIR CA PD POLICE DEPARTMENT
1. SERVICE
Service. LeadsOnline NightHawk for Law Enforcement Agency users (Service).
Authority. Customer represents that it is a law enforcement agency or governing body of a law enforcement agency, an entity duly authorized by municipal, state county or federal government to enforce laws or investigate crimes, and the Eligible Users are employed by Customer in the Unit listed at the top of this Order Form.
2. PURPOSE
Law Enforcement Use. Exclusively for the official law enforcement agency duties of Customer’s Unit; information retrieved from the Service is for the exclusive use of Eligible Users with the exception of disclosure necessary to investigate and prosecute crimes within the jurisdiction of and investigated by Customer’s Unit.
3. DEFINITIONS
Analysis Files are records electronically submitted by a Customer to the Service for automated analysis including but not limited to unstructured images, video, audio or text submitted, and data related to communications or movements of devices, vehicles and other entities, which reference data for identifying locations including cell site lists, landmarks, and locations related to crimes. Analysis Files are typically generated by telecommunications network providers and systems, app providers, computers, extraction systems and are provided to Customer via a legal process or voluntarily by persons with the right to provide them. Analysis Files are Customer Property.
4. SERVICE RECIPIENT AND ELIGIBLE USERS
Capacity and Eligible Users. No more than the Quantity per Service Period listed below of named individual employees of Customer in its Police Department, each with a unique login (Eligible Users). • Eligible User logins may not be shared and individuals in a division who are not Eligible Users may not access the Service. • During initial onboarding, Customer must provide LeadsOnline with the names and email addresses of Eligible Users (Customer may revise its Eligible Users Form a reasonable number of times each year).
Access to Analysis Files is limited to Eligible Users for Services on this Order Form, but may be shared with eligible users of other order forms if directed by Customer.
5. TERM, SERVICE PERIODS AND SUBSCRIPTION FEES
Order Term. This Order Form will become effective as of the Effective Date and remain in effect through the Service Periods listed below (Initial Term) and any renewal Service Periods or until termination by LeadsOnline or Customer as described below. The Effective Date shall be defined as the date of the last signature below.
Payment Terms. Payment shall be made on or before each anniversary during the Initial Term and any renewal term thereafter.
MONTCLAIR CITY COUNCIL MEETING – 08/04/2025 Page 61 of 139 © 2000-2025 LEADSONLINE, LLC. ALL RIGHTS RESERVED. LEA/NIGHTHAWK (v.2025.02) PAGE 9 START DATE END DATE RATE QTY SUBTOTAL DISC.% TOTAL DUE
August 1, 2025 July 31, 2026 $3,275.00 4 $13,100.00 5% $12,445.00 August 1, 2026 July 31, 2027 $3,275.00 4 $13,100.00 5% $12,445.00 August 1, 2027 July 31, 2028 $3,275.00 4 $13,100.00 5% $12,445.00 Renewals. Neither party is obligated to renew this Order Form. Prior to the expiration of the Initial Term or any renewal term, the parties may renew this Order Form for additional one-year terms by LeadsOnline’s submission of a valid invoice to Customer for the renewal Service Period at then-current pricing and Customer’s payment of such invoice within thirty (30) days of renewal.
6. BUNDLE DISCOUNTS
Bundle Discounts. Should bundle discounts (Discounts) be granted to Customer, said Discounts are contingent on Customer’s annual renewal of each Service qualifying Customer for each Discount. Should the associated Agreement and/or this, or any other associated Order Form, terminate for any reason, all Discounts granted under this, or any other the associated Order Form, will be immediately revoked and Customer will no longer qualify for Discounts.
7. BONUS USER LICENSES
Bonus User Licenses. Should bonus user license(s) (Bonus User) be granted to Customer, each Bonus User is contingent on Customer’s annual renewal of the Service. Each Bonus User granted under this Order Form will be revoked immediately should the Agreement or this Order Form terminate for any reason.
8. FEATURES
SERVICE NIGHTHAWK KEY FEATURES AND CHARACTERISTICS
LeadsOnline NightHawk
System
Upload and analyze multiple file types, including text and social media, to translate data into actionable leads and seamlessly share across your agency.
LeadsOnline S.I.F.T.
System
Utilize the Subject Interaction Filtering Tool to analyze calls and messages, events, GPS trackers, gunfire acoustic identifiers, LPR hits, and other data points overlaid in real time to build your case.
LeadsOnline Link Chart
System
Upload mugshots and case photos to better visualize people, places, and things associated to your case for communicating, managing, and navigating large-scale investigations.
LeadsOnline
Collaboration System
Case-level access control allows you to restrict or grant access to other users inside and outside of your agency providing cross-collaboration into crime patterns outside of your jurisdiction.
LeadsOnline
Toolbox
Use LeadsOnline’s automated search warrant generation, automated phone lookups, repository of training materials, video tutorials, templates, resources, software, process guides, carrier and network specifications, contacts, subject matter assistance and other content relevant to criminal investigations.
9. TRAINING AND REMOTE TECHNICAL SUPPORT
Registration. Eligible User accounts include unlimited access to NightHawk, Help Documents, Affidavit/Preservation Templates, and NightHawk University.
Training. Online new user NightHawk basic training included. • Additional courses available via LeadsOnline Training Portal. • Other on-demand training webinars on digital evidence analysis are available in the LeadsOnline Toolbox.
Support. Technical Support program is described at leadsonline.com/support.
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10. MISC.
This Order Form is attached to and incorporated into the Subscription Services Agreement between Customer and LeadsOnline dated [leadsOnlineLlcSignerDateField_VBcYqum] (Agreement). This Order Form is governed by the terms of the Agreement between the parties. All terms not defined in this Order Form have the meanings ascribed to such terms in the Agreement. This Order Form and the Agreement constitute the entire agreement between the parties, and supersede all prior or contemporaneous negotiations, agreements, and representations, whether oral or written, related to this subject matter. No modification or waiver of any term of this Order Form is effective unless both parties sign an amendment to this Order Form. LeadsOnline may include a purchase order number on Customer’s invoice solely for Customer’s internal payment and record keeping processes, but any terms within any purchase order in response to a quote, order form or invoice will not modify or enlarge the obligations or liabilities of either party even if the parties sign it.
11. SIGNATURES
Each representative identified below represents and warrants that it has the full power, right and authority to enter into this Agreement on behalf of its respective party.
LEADSONLINE, LLC
(LEADSONLINE)
MONTCLAIR CA PD
(CUSTOMER)
Signature: [leadsOnlineLlcSignerSignature_VgqTlam] Signature: [counterpartySignerSignature_XUZSJ4h] Printed Name: Alexander Finley Printed Name: [counterpartySignerName_u7MUZJW] Title: CEO Title: [counterpartySignerTitle_602fTlE]
Date: [leadsOnlineLlcSignerDateField_vu23G4A] Date: [counterpartySignerDateField_QfqrS77] Address: 6900 Dallas Parkway, Suite 825, Plano, TX 75024, United States Address: 4870 Arrow Hwy, Montclair, California 91763, United States $0.00
MONTCLAIR CITY COUNCIL MEETING – 08/04/2025 Page 63 of 139
CITY COUNCIL
AGENDA REPORT
DATE: AUGUST 4, 2025
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 3
FILE I.D.: PDT362
DEPT.: POLICE
PREPARER: M. BUTLER
SUBJECT: CONSIDER APPROVAL OF AGREEMENT NO. 25–56 WITH THE SAN BERNARDINO COUNTY OFFICE OF EMERGENCY SERVICES AUTHORIZING THE RECEIPT OF $14,771 FROM THE FY 2024 EMERGENCY MANAGEMENT PERFORMANCE GRANT AND
AUTHORIZING POLICE CHIEF JASON REED TO SIGN SAID AGREEMENT CONSIDER AUTHORIZING A $14,771 APPROPRIATION FROM THE PUBLIC SAFETY GRANT FUND, AND A $14,771 APPROPRIATION FROM THE CONTINGENCY FUND AS A DOLLAR–FOR–DOLLAR MATCH TO RECEIVE THE GRANT FUNDS, FOR THE
PURCHASE OF A DIRECT VIEW LED VIDEO WALL FOR THE EMERGENCY OPERATIONS
CENTER AT THE POLICE DEPARTMENT
REASON FOR CONSIDERATION: The City Council is requested to consider approval of Agreement No. 25–56 with the San Bernardino County Office of Emergency Services (County OES) authorizing the receipt of $14,771 from the FY 2024 Emergency Management Performance Grant (EMPG) Program; and authorizing a $14,771 appropriation from the Public Safety Grant Fund, and a $14,771 appropriation from the Contingency Fund as a dollar–for–dollar match to receive the grant funds, for the purchase of a direct view LED video wall for the Emergency Operations Center (EOC) at the Police Department.
The Agreement had to be signed when it was submitted in March 2025 to the County as part of the grant application process; therefore, authorization is also sought for the City Council to grant Chief Reed signature authority for receipt of the grant.
A copy of proposed Agreement No. 25–56 is attached for the City Council’s review and consideration.
BACKGROUND: The U.S. Department of Homeland Security (DHS)/Federal Emergency Management Agency (FEMA) issues the EMPG Program focusing on all–hazards emergency preparedness, including the evolving threats and risks associated with climate change, and the goals of addressing the increasing range and complexity of disasters, supporting the diversity of communities, and complementing the nation’s growing expectations of the emergency management community. The primary objective of the FY 2024 EMPG Program is to provide funds to assist state, local, tribal, and territorial emergency management agencies to implement the National Preparedness System and to support the National Preparedness Goal of a secure and resilient nation.
The City of Montclair is an active signatory on the County’s Operational Area Coordinating Council (OACC) Agreement and is a subrecipient of the EMPG. Each subrecipient is allocated a $13,000 base with the remainder of the grant distributed on a per capita basis — the City’s total allocation is $14,771.
As a subrecipient of the EMPG, staff submitted part one of the application in November 2024 and part two in March 2025 to County OES requesting grant funding to purchase a direct view LED video wall for the EOC. The EMPG application process included a subrecipient agreement with the County, match certification (this grant MONTCLAIR CITY COUNCIL MEETING – 08/04/2025 Page 64 of 139 requires a dollar–for–dollar match in order to receive grant funds), budget, narrative, and work plan. The City Council must agree to the following terms as defined in the proposed Agreement under the Proof of Authority:
Provide all matching funds required for the grant project and that any cash match will be appropriated as required;
Any liability arising out of the performance of this agreement shall be the responsibility of the Applicant and the city council, governing board, or authorized body;
Grant funds shall not be used to supplant expenditures controlled by the city council, governing board, or authorized body;
The Applicant is authorized by the city council, governing board, or authorized body to apply for federal assistance, and the institutional, managerial and financial capability (including funds sufficient to pay the non–federal share of project cost, if any) to ensure proper planning, management and completion of the project described in this application; and
Official executing this agreement is authorized by the Applicant EMPG 2021, 2022, and 2023 grant funds were used to upgrade equipment in the EOC – with funds from the EMPG 2024, staff would be able to continue its efforts of updating the EOC to effectively manage, organize, and effect crucial emergency responses in times of crisis. The current EOC projection system has become obsolete due to its age, low brightness, and worn–out technology, which hinders our ability to prepare for and respond to emergencies and disasters.
Grant funding would be used to replace this outdated system with a state–of–the–art, 180–inch direct view LED video wall that offers unparalleled clarity and brightness even in well–lit environments. This video wall would ensure vital information can be more easily managed, disseminated, and displayed with both precision and accuracy, ultimately allowing each person who needs that information to be better prepared and/or informed. This technology represents a significant upgrade over the current aging projector system, which struggles to meet operational demands. The enhanced brightness and clarity of the video wall would vastly improve our ability to share real– time information, conduct scenario–based training, and coordinate emergency responses effectively.
Upgrading to the video wall directly supports the Montclair Police Department’s mission to protect life and property by improving training, enhancing coordination, and strengthening community resilience. Clearer visuals during training sessions would ensure responders are better prepared for real–world scenarios. Emergencies often require rapid, informed decisions based on shared visuals and data – the video wall would provide the clarity and reliability needed for seamless communication and coordination. This upgrade to replace aging and inefficient equipment with cutting– edge solutions would position the Department to better protect the Montclair community and ensure a resilient, coordinated response to emergencies while supporting the State priority to enhance information management.
In July 2025, staff received authorization from County OES to proceed with the submitted project of purchasing a video wall for the EOC. Matrix Audio Visual Designs (Matrix) was the selected vendor for previously purchased equipment for the EOC and is the vendor MONTCLAIR CITY COUNCIL MEETING – 08/04/2025 Page 65 of 139 of choice for the video wall as well. Matrix has met the challenge of upgrading the audiovisual system in the EOC and has proven to be a trusted, reliable resource. Matrix, industry experts in the cutting–edge field of audio/video systems, designed and installed a comprehensive solution for the EOC using its exclusive custom programming and coding. These intricacies encapsulate the proprietary intellectual property unique to Matrix and the equipment configuration in the EOC. Furthermore, any additional equipment procured requires understanding existing A/V codes—expertise confined to Matrix. In light of this exclusivity, the procurement and utilization of equipment naturally take the form of a singular, noncompetitive procurement approach. This strategic choice acknowledges the distinctive merits of the custom programming offered by the vendor. For these reasons, staff recommends Matrix be approved as the sole– source vendor for the purchase of the video wall.
Before proceeding with the project, staff would need to submit an Environmental and Historical Preservation Screening Form and a Request for Noncompetitive Procurement Authorization to County OES and receive approval.
FISCAL IMPACT: Matrix provided a quote of $29,542 for the video wall. If approved by the City Council, the purchase of this video wall for the EOC would result in an appropriation from the Public Safety Grant Fund (1163) in the amount of $14,771, which would be reimbursed from the FY 2024 EMPG. The funding match of $14,771 would result in an appropriation from the Contingency Fund.
RECOMMENDATION: Staff recommends the City Council take the following actions:
1. Approve Agreement No. 25–56 with the San Bernardino County Office of Emergency Services authorizing the receipt of $14,771 from the FY 2024 EMPG and authorize Police Chief Reed to sign said Agreement; and
2. Authorize a $14,771 appropriation from the Public Safety Grant Fund, and a $14,771 appropriation from the Contingency Fund as a dollar–for–dollar match to receive the grant funds, for the purchase of a Direct View LED video wall for the EOC at the Police Department.
MONTCLAIR CITY COUNCIL MEETING – 08/04/2025 Page 66 of 139 Attachment A
County of San Bernardino
FY2024 Emergency Management Performance Grant Program
CFDA # 97.042
Subrecipient Agreement/Assurances
Grant No. 2024-0050
Name of Applicant: City of Montclair (hereafter "Applicant" or "Subrecipient") Address: 5111 Benito Street
City: Montclair State: CA ZipCode: 91763
Telephone Number: 909-448-3609 Fax Number: 909-626-4892 E-Mail Address: mbutler(a,cityofmontclair.orq
""The Applicant becomes the Subrecipient after obtaining award authorization and approval of these assurances by both Applicant and the County of San Bernardino (hereafter "County") "" As the duly authorized representative of the Applicant, I hereby certify that the Applicant has the legal authority to apply for federal assistance and the institutional, managerial, and financial capability (including funds sufficient to pay any non-federal share of project cost) to ensure proper planning, management, and completion of the project described in this application, within prescribed timelines.
The requirements outlined in these assurances apply to Applicant and any of its subrecipients, I further acknowledge that the Applicant is responsible for reviewing and adhering to all requirements within the:
(a) Applicable Federal Regulations (see below);
(b) Federal Program Notice of Funding Opportunity (NOFO); (c) Federal Preparedness Grants Manual;
(d) California Supplement to the NOFO; and
(e) Federal and State Grant Program Guidelines.
Federal Regulations
Government cost principles, uniform administrative requirements, and audit requirements for federal grant programs are set fodh in Title 2, Part 200 of the Code of Federal Regulations (C.F.R.). Updates are issued by the Office of Management and Budget (OMB) and can be found at http://www.whitehouse.qov/omb/.
In the event Cal OES determines that changes are necessary to the subaward after a subaward has been made, including changes to period of performance or terms and conditions, Applicants will be notified of the changes in writing. Once notification has been made, any subsequent request for funds will indicate Applicant acceptance of the changes to the subaward.
State and federal grant award requirements are set forth below, The Applicant hereby agrees to comply with the following:
Page I of 21 Initials?
Agreement No. 25–56
MONTCLAIR CITY COUNCIL MEETING – 08/04/2025 Page 67 of 139 FY2024 Emergency Management Performance Grant Program Assurances Updated 1/13/2025
1. Proof of Authority
The Applicant will obtain proof of authority from the city council, governing board, or authorized body in support of this project. This written authorization must specify that the Applicant and the city council, governing board, or authorized body agree:
(a) To provide all matching funds required for the grant project and that any cash match will be appropriated as required;
(b) Any liability arising out of the performance of this agreement shall be the responsibility of the Applicant and the city council, governing board, or authorized body; (c) Grant funds shall not be used to supplant expenditures controlled by the city council, governing board, or authorized body;
(d) The Applicant is authorized by the city council, governing board, or authorized body to apply for federal assistance, and the institutional, managerial and financial capability (including funds sufficient to pay the non-federal share of project cost, if any) to ensure proper planning, management and completion of the project described in this application; and
(e) The official executing this agreement is authorized by the Applicant.
This Proof of Authority must be maintained on file and readily available upon request.
2. Period of Performance
The period of performance is specified in the Award. The Applicant is only authorized to perform allowable activities approved under the award, within the period of performance. 3, Lobbying and Political Activities
As required by Section 1352, Title 31 of the United States Code (u.s.c.), for persons entering into a contract, grant, loan, or cooperative agreement from an agency or requests or receives from an agency a commitment providing for the United States to insure or guarantee a loan, the Applicant certifies that:
(a) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. (b) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying", in accordance with its instructions. (c) The Applicant shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
The Applicantwill also comply with provisions ofthe Hatch Act (5 u.s.c. §§ 1501- 1508 and §§ 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with federal funds.
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Finally, the Applicant agrees that federal funds will not be used, directly or indirectly, to support the enactment, repeal modification or adoption of any law, regulation or policy without the express written approval from the California Governor's Office of Emergency Services (Cal OES) or the federal awarding agency.
4. Debarment and Suspension
As required by Executive Orders 12549 and 12689, and 2 C.F.R. § 200.214 and codified in 2 C.F.R. Part 180, Debarment and Suspension, the Applicant will provide protection against waste, fraud, and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the federal government. The Applicant certifies that it and its subrecipients:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; (b) Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any or the offenses enumerated in paragraph (4)(b) of this certification; and
(d) Have not within a three-year period preceding this application had one or more public transaction (federal, state, or local) terminated for cause or default.
Where the Applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application.
5. Non-Discrimination and Equal Employment Opportunity
The Applicant will compiy with all state and federal statutes relating to non-discrimination, including:
(a) Title Vl of the Civil Rights Act of 1964 (Public Law (P.L.) 88-352 and 42 u.s.c. § 2000d et. seq.) which prohibits discrimination on the basis of race, color, or national origin and requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services; (b) Title IX of the Education Amendments of 1972, (20 u.s.c. §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex in any federally funded educational program or activity; (c) Section 504 of the Rehabilitation Act of 1973, (29 u.s.c. § 794), which prohibits discrimination against those with disabilities or access and functional needs; (d) Americans with Disabilities Act (ADA) of 1990 (42 u.s.c. § 12101et seq.), which prohibits discrimination on the basis of disability and requires buildings and structures be accessible to those with disabilities and access and functional needs;
(e) Age Discrimination Act of 1975, (42 u.s.c. §§ 6101-6107), which prohibits discrimination on the basis of (f) Public Health Service Act of 1912 (42 u.s.c. §§ 290 dd-2), relating to confidentiality of patient records regarding substance abuse treatment;
(g) Title Vlll of the Civil Rights Act of 1968 (42 u.s.c. § 3601 et seq.), relating to nondiscrimination in the sale, rental or financing of housing as implemented by the Department of Housing and Urban Development at 24 C.F.R. Part100. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units-i.e., the public and common use s Page3ofll (7(1-
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and individual apartment units (all units in buildings with elevators and ground-floor units in buildings without elevators) - be designed and constructed with certain accessible features (See 24 C.F.R. § 100.201);
(h) Executive Order 11246, which prohibits federal contractors and federally assisted construction contractors and subcontractors, who do over $10,000 in Government business in one yearfrom discriminating in employment decisions on the basis of race, color, religion, sex, sexual orientation, gender identification or national origin;
(i) Executive Order 11375, which bans discrimination on the basis of race, color, religion, sex, sexual orientation, gender identification, or national origin in hiring and employment in both the United States federal workforce and on the part of government contractors; (j) California Public Contract Code § 10295.3, which prohibits discrimination based on domestic partnerships and those in same sex marriages;
(k) DHS policy to ensure the equal treatment of faith-based organizations, under which the Applicant must comply with equal treatment policies and requirements contained in 6 C.F.R. Part 19; (l) The California's Fair Employment and Housing Act (FEHA) (California Government Code §§12940- 12957), as applicable. FEHA prohibits harassment and discrimination in employment because of ancestry, familial status, race, color, religious creed (including religious dress and grooming practices), sex (which includes pregnancy, childbirth, breastfeeding and medical conditions related to pregnancy, childbirth or breastfeeding), gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, mental and physical disability, genetic information, medical condition, age, pregnancy, denial of medical and family care leave, or pregnancy disability leave, military and veteran status, and/or retaliation for protesting illegal discrimination related to one of these categories, or for reporting patient abuse in tax supported institutions; (m) Any other nondiscrimination provisions in the specific statute(s) under which application for federal assistance is being made; and
(n) The requirements of any other nondiscrimination statute(s) that may apply to this application.
Civil Riqhts Policies for Proqram Beneficiaries and Subrecipients of DHS funding, pertaining to the following are available on the Cal OES website:
a Non-discrimination in Programs & Services
o Reasonable Accommodation for Program Beneficiaries
a Language Access Policy
6, Drug-Free Workplace
As required by the Drug-Free Workplace Act of 1988 (41 u.s.c. § 701 et seq.), the Applicant certifies that it will maintain a drug-free workplace and a drug-free awareness program as outlined in the Act. 7, Environmental Standards
The Applicant will comply with state and federal environmental standards, including:
(a) The California Environmental Quality Act (CEQA) (California Public Resources Code §§ 21000-21177), to include coordination with the city or county planning agency; (b) CEQA Guidelines (California Code of Regulations, Title '14, Division 6, Chapter 3, §§ 15000-15387); (c) The Federal Clean Water Act (CWA) (33 u.s.c. § 1251 et seq.), which establishes the basic structure for regulating discharges of pollutants into the waters of the United States and regulating quality standards for surface waters;
(d) FederalCleanAirActof1955(42U.S.C.§7401)whichregulatesairemissionsfromstationaryand mobile sources;
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(e) Institution of environmental quality control measures under the National Environmental Policy Act (NEPA) of 1969 (P.L. 91-190); the Council on Environmental Quality Regulations for Implementing the Procedural Provisions of NEPA; and Executive Order 12898 which focuses on the environmental and human health effects of federal actions on minority and low-income populations with the goal of achieving environmental protection for all communities; (f) EvaluationoffloodhazardsinfloodplainsinaccordancewithExecutiveOrder11988; (g) Executive Order115l4 which sets forth national environmental standards; (h) Executive Order 11738 instituted to assure that each federal agency empowered to enter into contracts for the procurement of goods, materials, or services and each federal agency empowered to extend federal assistance by way of grant, loan, or contract shall undertake such procurement and assistance gctivities in a manner that will result in effective enforcement of the Clean Air Act and the Federal Water Pollution Control Act Executive Order 11990 which requires preservation ofwetlands; (i) TheSafeDrinkingWaterActof1974,(P.L.93-523);
(j) TheEndangeredSpeciesActofl973,(P.L.93-205);
(k) Assurance of project consistency with the approved state management program developed under the Coastal Zone Management Act of 1972 (16 u.s.c. §§1451 et seq.); (I) ConformityofFederalActionstoState(ClearAir)lmplementationPlansunderSectionl76(c)ofthe Clean Air Act of 1955, as amended (42 u.s.c. §§7401 et seq.); (m) The Wild and Scenic Rivers Act of 1968 (16 u.s.c. § 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system.
The Applicant shall not be: 1)in violation of any order or resolution promulgated by the State Air Resources Board or an air pollution district; 2) subject to a cease-and-desist order pursuant to section 1330"l of the California Water Code for violation of waste discharge requirements or discharge prohibitions; or 3) determined to be in violation of federal law relating to air or water pollution.
8. Audits
For subrecipients expending $1,000,000 or more in federal grant funds annually, the Applicant will perform the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and C.F.R., Part 200, Subpart F Audit Requirements.
9. Cooperation and Access to Records
The Applicant must cooperate with any compliance reviews or investigations conducted by DHS. In accordance with 2 C,F.R. § 200.337, the Applicant will give the awarding agency, the Comptroller General of the United States and, if appropriate, the state, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award. The Applicant will require any subrecipients, contractors, successors, transferees and assignees to acknowledge and agree to comply with this provision. 10, Conflict of Interest
The Applicant will establish safeguards to prohibit the Applicant's employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain.
11. Financial Management
False Claims for Payment - The Applicant will comply with 31 u.s.c §§ 3729-3733 which provides that Applicant shall not submit a false claim for payment, reimbursement, or advance.
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12. Reporting - Accountability
The Applicant agrees to comply with applicable provisions of the Federal Funding Accountability and Transparency Act (FFATA) (P.L. 109-282), including but not limited to (a) the reporting of subawards obligating $30,000 or more in federal funds, and (b) executive compensation data for first-tier subawards as set forth in 2 C.F.R. Part 170, Appendix A. The Applicant also agrees to comply with the requirements set forth in the government-wide financial assistance award term regarding the System for Award Management and Universal Identifier Requirements located at 2 C.F.R. Part 25, Appendix A.
13. Whistleblower Protections
The Applicant must comply with statutory requirements for whistleblower protections at 10 u.s.c. § 2409, 41 u.s.c. § 4712, and 10 u.s.c. § 2324, 41 u.s.c. § 4304 and § 4310. 14, Human Trafficking
The Applicant will comply with the requirements of Section 106(g) of the Trafficking Victims Protection Act of 2000, as amended (22 u.s.c. § 7104) which prohibits the Applicant or its subrecipients from: (1) engaging in trafficking in persons during the period of time that the award is in effect; (2) procuring a commercial sex act during the period of time that the award is in effect; or (3) using forced labor in the performance of the award or subawards under the award.
15. Labor Standards
The Applicant will comply with the following federal 1abor standards:
(a) The Davis-Bacon Act (40 u.s.c. §§ 276a to 276a-7), as applicable, and the Copeland Act (40 u.s.c. § 3145 and 18 u.s.c. § 874) and the Contract Work Hours and Safety Standards Act (40 u.s.c. §§ 327- 333), regarding labor standards for federally-assisted construction contracts or subcontracts, and (b) The Federal Fair Labor Standards Act (29 u.s.c. § 201 et al.) as they apply to employees of institutes of higher learning (IHE), hospitals and other non-profit organizations. 16, Worker's Compensation
The Applicant must comply with provisions which require every employer to be insured to protect workers who may be injured on the job at all times during the performance of the work of this Agreement, as per the workers compensation laws set forth in California Labor Code §§ 3700 et seq. 17, Property-Related
If applicable to the type of project funded by this federal award, the Applicant will:
(a) Comply with the requirements of Titles II and Ill of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of federal or federally-assisted programs.
These requirements apply to all interests in real property acquired for project purposes regardless of federal participation in purchase;
(b) Comply with flood insurance purchase requirements or Section 102(a) of the Flood Disaster Protection Act ofl973 (P.L. 93-234) which requires federal award subrecipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more;
(c) ASSiSt the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 u.s.c. § 470), Executive Order 1!593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 u.s.c. § 469a-1 et seq.); and
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(d) Comp!y with the Lead-Based Paint Poisoninq Prevention Act (42 u.s.c. § 4831 and 24 CFR Part 35) which prohibits the use of lead-based paint in construction or rehabilitation of residence structures. 18, Certifications Applicable Only to Federally-Funded Construction Projects For all construction projects, the Applicant will:
(a) Not dispose of, modify the use of, or change the terms of the real property title or other interest in the site and facilities without permission and instructions from the awarding agency. Will record the federal awarding agency directives and will include a covenant in the title of real property acquired in whole or in part with federal assistance funds to assure nondiscrimination during the useful life of the project; (b) Comply with the requirements of the awarding agency with regard to the drafting, review and approval of construction plans and specifications; and
(c) Provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete work conforms with the approved plans and specifications and will furnish progressive reports and such other information as may be required by the assistance awarding agency or State.
19. Use of Cellular Device While Driving is Prohibited
The Applicant is required to comply with California Vehicle Code sections 23123 and 23123.5. These laws prohibit driving motor vehicle while using an electronic wireless communications device to write, send, or read a text-based communication. Drivers are also prohibited from the use of a wireless telephone without hands-free listening and talking, unless to make an emergency call to 9111aw enforcement, or similar services. 20, California Public Records Act and Freedom of Information Act The Applicant acknowledges that all information submitted in the course of applying for funding under this program, or provided in the course of an entity's grant management activities that are under Federal control, is subject to the Freedom of Information Act (FOIA), 5 u.s.c. § 552, and the California Public Records Act, California Government Code §7920.000 et seq. The Applicant should consider these laws and consult its own State and local laws and regulations regarding the release of information when reporting sensitive matters in the grant application, needs assessment, and strategic planning process.
21. Acknowledgment of Federal Funding from DHS
The Applicant must acknowledge its use of federal funding when issuing statements, press releases, requests for proposals, bid invitations, and other documents describing projects or programs funded in whole or in part with federal funds.
22, Activities Conducted Abroad
The Applicant must coordinate with appropriate government authorities when performing project activities outside the United States and obtain all appropriate licenses, permits, or approvals.
23. Best Practices for Collection and Use of Personally Identifiable Information (Pll) DHS defines Pll as any information that permits the identity of an individual to be directly or indirectly inferred, including any information that is linked or linkable to that individual. If the Applicant collects Pll, the Applicant is required to have a publicly-available privacy policy that describes standards on the usage and maintenance of the Pll they collect. The Applicant may refer to the DHS Privacy Impact Assessments: Privacy Guidance and Privacy Template as a useful resource.
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24. Copyright
Recipients must affix the applicable copyright notices of 17 u.s.c. §§ 401 or 402 to any work first produced under federal awards and also include an acknowledgement that the work was produced under a federal award (including the federal award number and federal awarding agency). As detailed in 2 C.F.R. § 200.315, a federal awarding agency reserves a royalty-free, nonexclusive, and irrevocable right to reproduce, publish, or otherwise use the work for federal purposes and to authorize others to do so.
25. Duplication of Benefits
Applicants are prohibited from charging any cost to this Federal award that will be included as a cost or used to meet cost sharing or matching requirements of any other federal award in either the current or a prior budget period. (See 2 C.F.R. § 200.403(f)). However, recipients may shift costs that are allowable under two or more federal awards where otherwise permitted by federal statutes, regulations, or the federal financial assistance award terms and conditions.
26. Energy Policy and Conservation Act
The Applicant must comply with the requirements of 42 u.s.c. § 6201 which contain policies relating to energy efficiency that are defined in the state energy conservation plan issued in compliance with this Act.
27. Federal Debt Status
The Applicant is required to be non-delinquent in its repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. See OMB Circular A129.
28. Fly America Act of 1974
The Applicant must comply with Preference for United States Flag Air Carriers: (a list of certified air carriers can be found at: Certificated Air Carriers Listl US Department of Transportation, www.transportation.qov forinternational air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974 (49 u.s.c. § 40118) and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 19E11, amendment to Comptroller General Decision B-138942.
29. Hotel and Motel Fire Safety Act of 1990
In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, the Applicant must ensure that all conference, meeting, convention, or training space funded in whole or in part with federal funds complies with the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 1974, as amended, 15 u.s.c. § 2225a.
30. Non-supplanting Requirement
If the Applicant receives federal financial assistance awards made under programs that prohibit supplanting by law, the Applicant must ensure that federal funds do not replace (supplant) funds that have been budgeted for the same purpose through non- federal sources.
31, Patents and Intellectual Property Rights
Recipients are subject to the Bayh-Dole Act, 35 u.s.c. § 200 et seq. and applicable regulations governing inventions and patents, including the regulations issued by the Department of Commerce at 37 C.F.R. Part 401 (Rights to Inventions Made by Nonprofit Organizations and Small Business Firms under Government Awards, Contracts, and Cooperative Agreements) and the standard patent rights clause set forth at 37 C.F.R. § 401.14.
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32, SAFECOM
If the Applicant receives federal financial assistance awards made under programs that provide emergency communication equipment and its related activities, the Applicant must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications.
33. Terrorist Financing
The Applicant must comply with Executive Order 13224 and United States law that prohibit transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. The Applicant is legally responsible for ensuring compliance with the Order and laws.
34. Reporting of Matters Related to Recipient Integrity and Performance If the total value of the Applicant's currently active grants, cooperative agreements, and procurement contracts from all federal assistance offices exceeds $10,000,000 for any period of time during the period of performance of this federal financial assistance award, the Applicant must comply with the requirements set forth in the governmentwide Award Term and Condition for Recipient Integrity and Performance Matters located at 2 C.F.R. Part 200, Appendix Xll, the full text of which is incorporated here by reference in the award terms and conditions.
35. USA Patriot Act of 2001
The Applicant must comply with requirements of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act), which amends 18 u.s.c. §§ 175- U5c.
36, Use of DHS Seal, Logo, and Flags
The Applicant must obtain written permission from DHS prior to using the DHS seals, logos, crests, or reproductions of flags, or likenesses of DHS agency officials. This inc1udes use of DHS component (e.g., FEMA, CISA, etc.) seals, logos, crests, or reproductions of flags, or likenesses of component officials.
37. Applicability of DHS Standard Terms and Conditions to Tribes The DHS Standard Terms and Conditions are a restatement of general requirements imposed upon the Applicant and flow down to any of its subrecipients as a matter of law, regulation, or executive order. If the requirement does not apply to Indian tribes or there is a federal law or regulation exempting its application to Indian tribes, then the acceptance by Tribes of, or acquiescence to, DHS Standard Terms and Conditions does not change or alter its inapplicability to an Indian tribe. The execution of grant documents is not intended to change, alter, amend, or impose additional liability or responsibility upon the Tribe where it does not already exist.
38. Required Use of American Iron, Steel, Manufactured Products, and Construction Materials The Applicant must comply with the "Build America, Buy America" Act (BABAA), enacted as part of the lnTrastructure Investment and Jobs Act and Executive Order 14005. Applicants receiving a federal award subject to BABAA requirements may not use federal financial assistance funds for infrastructure projects unless:
(a) All iron and steel used in the project are produced in the United States - this means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States;
(b) All manufactured products used in the project are produced in the United States - this means the manufactured product was manufactured in the United States; and the cost of the
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components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation; and (c) All construction materials are manufactured in the United States - this means that all manufacturing processes for the construction material occurred in the United States.
The "Buy America" preference only applies to articles, materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project. It does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the construction site and removed at or before the completion of the infrastructure project.
Nor does a Buy America preference apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are used at or within the finished infrastructure project but are not an integral part of the structure or permanently affixed to the infrastructure project.
Per section 70914(c) of BABAA, FEMA may waive the application of a Buy America preference under an infrastructure program in certain cases.
39, t=,o. 14074 - Advancing Effective, Accountable Policing and Criminal Justice Practices to Enhance Public Trust and Public Safety
Recipient State, Tribal, local, or territorial law enforcement agencies must comply with the requirements of section 12(c) of E.0. "14074. Recipient State, Tribal, local, or territorial law enforcement agencies are also encouraged to adopt and enforce policies consistent with E.0. 34074 to support safe and effective policing.
IMPORT ANT
The purpose of these assurances is to obtain federal and state financial assistance, including any and all federal and state grants, loans, reimbursement, contracts, etc. Applicant recognizes and agrees that state financial assistance will be extended based on the representations made in these assurances. These assurances are binding on Applicant, its successors, transferees, assignees, etc. as well as any of its subrecipients. Failure to comply with any of the above assurances may result in suspension, termination, or reduction of grant funds.
All appropriate documentation, as outlined above, must be maintained on file by the Applicant and available for Cal OES or public scrutiny upon request. Failure to comply with these requirements may result in suspension of payments under the grant or termination of the grant or both and the Applicant may be ineligible for award of any future grants if Cal OES determines that the Applicant: (1) has made false certification, or (2) violates the certification by failing to carry out the requirements as noted above.
All of the language contained within this document must be included in the award documents for all subawards at all tiers. Applicants are bound by the DHS Standard Terms and Conditions 2024, Version 2, hereby incorporated by reference, which can be found at: https://www.dhs.qov/publication/fy1 5-dhs-standard-terms-and-conditions.
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The undersigned represents that he/she is authorized to enter into this agreement for and on behalf of the Applicant:
Applicant: City of Montclair
Title: Chief of Police
{2.
Reed /
Date: Ja(,2-S
The Undersigned represents that he/she is authorized to enter into this agreement for and on behalf of the County. The undersigned is the appropriate contact for all notices and documents to be provided under this agreement.
San Bernardino County
Signature of Authorized Agent:
Printed Name of Authorized Agent: Crisanta Gonzalez
Title: Director Date:
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AGENDA REPORT
DATE: AUGUST 4, 2025
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 4
FILE I.D.: GRT200
DEPT.: PUBLIC WORKS
PREPARER: M. HEREDIA
SUBJECT: CONSIDER APPROVAL OF AGREEMENT NO. 25–57 WITH SAN BERNARDINO COUNTY
TRANSPORTATION AUTHORITY FOR FUNDING OF THE HOLT BOULEVARD AND
MISSION BOULEVARD CONNECTED SMART CORRIDORS PROJECT, SUBJECT TO ANY
REVISIONS DEEMED NECESSARY BY THE CITY ATTORNEY
REASON FOR CONSIDERATION: The City Council is requested to consider approval of Agreement No. 25–57 with San Bernardino County Transportation Authority (SBCTA) for funding of the Holt Boulevard and Mission Boulevard Connected Smart Corridors Project, subject to any revisions deemed necessary by the City Attorney.
A copy of Agreement No. 25–57 is attached for review and consideration by the City Council.
BACKGROUND: On March 17, 2025, City staff submitted two applications prepared by the City’s traffic engineering consulting firm, AGA Engineers, Inc. (AGA). AGA identified Central Avenue within the cities of Montclair and Chino, as well as San Bernardino County, as a promising candidate for the development of a “Smart Arterial Corridor,” as well as Holt and Mission Boulevards within Montclair and San Bernardino County. Central Avenue Smart Corridor Project Proposal
The proposed project corridor encompasses intersections at Caltrans interchanges on Central Avenue, specifically at I–10 and SR–60. The project limits along Central Avenue extend from Richton Street in Montclair to Riverside Drive in Chino, incorporating 28 traffic signals. Additionally, the application noted that a segment of Central Avenue in the northern portion is designated as part of Omnitrans Priority Transit Corridors, and the entire corridor falls under the San Bernardino Valley Coordinated Traffic Signal System (SBVCTSS). Holt Boulevard and Mission Boulevard Connected Smart Corridors Project Proposal
The proposed project boundaries include Holt Boulevard from Amherst Avenue to Benson Avenue, Mission Boulevard from Roswell Avenue to Central Avenue, Ramona Avenue connecting Holt and Mission Boulevards, and Monte Vista Avenue linking Holt and Mission Boulevards. A total of 17 traffic signals are included in the Project. It was also noted in the application that Holt Boulevard along the entire project limits is part of the Omnitrans Priority Transit Corridors and all project corridors are part of the SBVCTSS. Additionally, Holt Boulevard in the City of Montclair is part of the West Valley Connector Bus Rapid Transit Project.
Although the Central Avenue Smart Corridor Project was not approved, SBCTA approved the Holt Boulevard and Mission Boulevard Connected Smart Corridors Project.
MONTCLAIR CITY COUNCIL MEETING – 08/04/2025 Page 78 of 139 FISCAL IMPACT: Approval of Agreement No. 25–57 would have no direct fiscal impact on the City's General Fund at this time, but may result in an award to improve the City’s traffic signalization along Holt Boulevard and Mission Boulevard. The requested funding amount will be determined during the design and construction phase of the Project.
Matching funds from the City may be necessary and are available from the 2021 Lease Revenue Bond Fund.
RECOMMENDATION: Staff recommends the City Council approve Agreement No. 25–57 with San Bernardino County Transportation Authority for funding of the Holt Boulevard and Mission Boulevard Connected Smart Corridors Project, subject to any revisions deemed necessary by the City Attorney.
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AGREEMENT NO. 25-57
FUNDING AGREEMENT
BETWEEN THE
SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY
AND CITY OF MONTCLAIR
FOR THE
HOLT BLVD. & MISSION BLVD. CONNECTED SMART CORRIDORS
I. PARTIES AND TERM
A. This Funding Agreement (“AGREEMENT”) is entered into by and between the San Bernardino County Transportation Authority (“SBCTA”) and City of Montclair (“CITY”) (each individually a “PARTY” and collectively, the “PARTIES”) on the Effective Date (as defined herein). The PARTIES hereby mutually agree to all of the following terms and provisions of this AGREEMENT, including the Recitals in Section II.
B. This AGREEMENT shall be effective as of the last date of execution by SBCTA and CITY (“Effective Date”) and shall terminate on September 30, 2027, but may be extended for an additional year at the sole discretion of SBCTA or terminated earlier in accordance with the provisions of this AGREEMENT.
C. SBCTA may terminate this AGREEMENT if CITY fails to perform according to the terms of this AGREEMENT and if this jeopardizes the delivery of the PROJECT, as defined below, according to the terms herein.
II. RECITALS
A. WHEREAS, CITY desires to implement smart corridor improvements on Central Avenue (PROJECT).
B. WHEREAS, SBCTA has an interest in facilitating the upgrade of communications and controller technology to improve traffic flow and establish a foundation for implementation of transit signal priority (TSP) in the San Bernardino Valley.
C. WHEREAS, the CITY’s scope of work attached hereto as Attachment “A” (Scope of Work) includes the smart corridor improvements, or PROJECT, to be undertaken in this AGREEMENT.
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D. WHEREAS, $1,000,000 of SBCTA funding will be made available to the CITY for performing the PROJECT in accordance with the Scope of Work on a cost reimbursement basis. This amount represents 63.5% of PROJECT cost.
E. WHEREAS, $365,491 of CITY funding will be made available to the PROJECT as a local match. This amount represents 36.5% of PROJECT cost.
F. WHEREAS, CITY is qualified to manage the project delivery of the PROJECT.
G. WHEREAS, SBCTA desires that CITY deliver the Scope of Work identified under this AGREEMENT, and CITY agrees to perform these services as set forth below.
III. RESPONSIBILITIES
A. CITY Responsibilities:
i. CITY shall be the lead agency for the PROJECT’s Scope of Work and agrees to diligently undertake and complete the Scope of Work in a timely manner. ii. CITY shall procure all consulting services, traffic control equipment and construction support necessary and required to deliver the PROJECT as generally described and as set forth in Attachment A to this AGREEMENT. iii. CITY shall provide funding for the PROJECT in accordance with Section V. Fiscal Provisions.
iv. CITY shall submit an electronic copy of signed invoices for reimbursement of eligible PROJECT expenses as frequently as monthly but not less frequently than quarterly in accordance with Section V. Fiscal Provisions. The invoice shall include appropriate backup documentation to support and justify payment of invoices. No CITY staff time shall be charged to SBCTA under this AGREEMENT. v. On a quarterly basis, the CITY shall submit to SBCTA progress reports and documentation of work performed on the PROJECT under this AGREEMENT, due not later than 30 days following the end of each calendar quarter. vi. Upon completion of PROJECT, City shall provide a project completion memorandum with the final invoice that describes PROJECT benefits in accordance with Section V. Fiscal Provisions.
vii. CITY shall post signs, if feasible, at the boundaries of the PROJECT noting that PROJECT is funded with Measure I funds. Signs shall bear the logos of SBCTA and CITY.
viii. CITY shall protect from unauthorized use or disclosure of names and other Personally Identifiable Information (PII) concerning persons receiving services pursuant to this AGREEMENT, except for anonymous statistical information that does not identify participants. PII is defined as any information that identifies or describes a person, including, but not limited to: name; social security number; date of birth; driver license number; home address; telephone number; billing address; MONTCLAIR CITY COUNCIL MEETING – 08/04/2025 Page 81 of 139
e-mail address; credit card number and expiration date; bank account information; medical and health information, including digital copies of personal, or protected, health information (ePHI); health insurance; user name or email address, in combination with a password or security question and answer that would permit access to an online account; and other personally identifiable information as defined by California or federal law. CITY shall not use or disclose any PII for any purpose other than carrying out the obligations under this AGREEMENT, except as may be otherwise required by law. This provision will remain in the force even after the termination of the AGREEMENT.
B. SBCTA Responsibilities
i. SBCTA shall provide funding for the PROJECT in accordance with Section V.
Fiscal Provisions.
ii. SBCTA shall provide payment of CITY invoice within 30 days after receiving an invoice determined to be complete and in accordance with the Scope of Work and general provisions provided under this AGREEMENT.
iii. SBCTA shall reimburse the CITY in an amount equal to the costs incurred and invoiced to SBCTA minus the CITY match percentage in accordance with Section V. Fiscal Provisions.
iv. SBCTA shall not reimburse CITY for any project cost overruns.
IV. MUTUAL RESPONSIBILITIES
A. SBCTA and CITY will establish mutually satisfactory methods for dispute resolution at the lowest possible level, with a procedure to mobilize dispute resolution up through the PARTIES’ respective chains of command.
B. SBCTA and CITY will cooperate and coordinate with project delivery team and other parties in providing the services and responsibilities required under this AGREEMENT to the extent practicable with respect to the performance hereunder.
C. SBCTA and CITY will abide by all applicable federal, state, and local laws and regulations pertaining to the PROJECT’s Scope of Work and this AGREEMENT.
V. FISCAL PROVISIONS
A. CITY shall provide a match amount of 36.5% of the PROJECT cost. SBCTA shall reimburse the CITY 36.5% of allowable PROJECT expenditures incurred by CITY.
The maximum amount of reimbursements from SBCTA to CITY under this AGREEMENT shall not exceed $1,000,000. Eligible reimbursements shall include only those costs incurred by CITY for PROJECT-specific work activities that are described in this AGREEMENT and shall not include escalation or interest.
B. CITY shall not more frequently than monthly and not less frequently than quarterly MONTCLAIR CITY COUNCIL MEETING – 08/04/2025 Page 82 of 139
prepare and submit an electronic copy of signed invoices to SBCTA in a form satisfactory to SBCTA for reimbursement of eligible PROJECT expenses. SBCTA shall pay the invoice to the CITY within 30 days of receipt of CITY’s invoice that is determined to be complete. At the conclusion of the PROJECT, CITY shall provide a project completion memorandum with the final invoice not later than 60 days following completion of the project summarizing total expenditures incurred and project benefits.
The SBCTA ClearGuide system is available for quantifying traffic speed and delay benefits.
C. CITY shall include in its project completion memorandum to SBCTA a final summary of all funds expended on the PROJECT and provide documentation of all CITY funds used for the local match on the PROJECT. Should it be determined that the CITY spent less on its local match than identified in this AGREEMENT, the CITY shall reimburse SBCTA in an amount that brings the total PROJECT expenditures into compliance with the local match percentage established in the Recitals above.
D. CITY shall maintain all source documents, books and records connected with its performance under this AGREEMENT for a minimum of five (5) years from the date of the project completion memorandum submittal to SBCTA or until audit resolution is achieved, whichever is later, and to make all such supporting information available for inspection and audit by representatives of SBCTA during normal business hours at CITY Hall. Copies will be made and furnished by CITY upon written request by SBCTA.
E. CITY shall establish and maintain an accounting system conforming to Generally Accepted Accounting Principles to support CITY’s requests for reimbursement, payment vouchers, or invoices which segregate and accumulate costs of PROJECT’s Scope of WORK elements and produce monthly reports which clearly identify reimbursable costs, matching fund costs, indirect cost allocation, and other allowable expenditures by CITY.
VI. GENERAL PROVISIONS
A. No waiver of any of the provisions of the AGREEMENT shall be effective unless it is made in a writing which specifies the provision(s) so waived and which is executed by both PARTIES. No course of dealing and no delay or failure of a PARTY in exercising any right under any AGREEMENT shall affect any other or future exercise of that right or any exercise of any other right. A PARTY shall not be precluded from exercising a right by its having partially exercised that right or its having previously abandoned or discontinued steps to enforce that right.
B. This AGREEMENT will be considered terminated upon reimbursement of all eligible costs by SBCTA or CITY, whichever is sooner, provided that the provisions of Section V and Section VII shall survive termination of this AGREEMENT.
C. Any modifications of any terms or conditions of this AGREEMENT shall be valid only MONTCLAIR CITY COUNCIL MEETING – 08/04/2025 Page 83 of 139
when reduced to writing, duly signed and approved by the authorized representatives of all PARTIES.
D. This AGREEMENT constitutes the sole and entire agreement among the PARTIES governing the matters set forth herein and supersedes any prior understandings, negotiations, agreements, arrangements and undertakings, written or oral, between the PARTIES respecting the subject matter herein. All previous proposals, offers, and other communications, written or oral, relative to this AGREEMENT, are superseded to the extent that they are not incorporated into this AGREEMENT. It is the intent of the PARTIES that this AGREEMENT is an integrated agreement and that no evidence may be introduced to vary in any manner its terms and conditions. No representation, warranty, covenant, inducement or obligation not included in this AGREEMENT shall be binding.
E. Without the prior written consent of the other PARTY, the AGREEMENT is not assignable by either PARTY, in whole or in part.
F. If any legal action is instituted to enforce any PARTY’s rights hereunder, each PARTY shall bear its own costs and attorney fees, regardless of who is the prevailing PARTY.
This paragraph shall not apply to those costs and attorney fees directly arising from a third-party legal action against a PARTY hereto and payable under any indemnification or insurance requirements.
G. This AGREEMENT shall be governed by and construed according to the laws of the State of California.
H. The PARTIES acknowledge and agree that this AGREEMENT was entered into and intended to be performed in Montclair, California. The PARTIES agree that the venue of any action or claim brought by any PARTY to this AGREEMENT will be the Superior Court of California, San Bernardino County. Each PARTY hereby waives any law or rule of the court, which would allow them to request or demand a change of venue. If any action or claim concerning this AGREEMENT is brought by any third party and filed in another venue, the PARTIES hereto agree to use their best efforts to obtain a change of venue to the Superior Court of California, San Bernardino County.
VII. MUTUAL INDEMNIFICATION
A. Neither SBCTA, nor any officer, employee, or agent thereof, is responsible for any injury, damage or liability occurring or arising by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction assigned or delegated to CITY under this AGREEMENT. It is understood and agreed that, pursuant to Government Code Section 895.4, CITY shall fully defend, indemnify and save harmless SBCTA, its officers, employees, and agents, from all claims, suits or actions of every name, kind and description brought for or on account of injury (as defined by Government Code Section 810.8) occurring by reason of anything done or MONTCLAIR CITY COUNCIL MEETING – 08/04/2025 Page 84 of 139
omitted to be done by CITY under or in connection with any work, authority or jurisdiction assigned or delegated to CITY under this AGREEMENT. CITY’s indemnification obligation applies to SBCTA’s “active” as well as “passive” negligence but does not apply to SBCTA’s “sole negligence” or “willful misconduct” within the meaning of Civil Code Section 2782.
B. Neither CITY, nor any officer, employee, or agent thereof, is responsible for any injury, damage or liability occurring or arising by reason of anything done or omitted to be done by SBCTA under or in connection with any work, authority or jurisdiction assigned or delegated to SBCTA under this AGREEMENT. It is understood and agreed that, pursuant to Government Code Section 895.4, SBCTA shall fully defend, indemnify and save harmless CITY, its officers, employees, and agents, from all claims, suits or actions of every name, kind and description brought for or on account of injury (as defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done by SBCTA under or in connection with any work, authority or jurisdiction assigned or delegated to SBCTA under this AGREEMENT. SBCTA’s indemnification obligation applies to CITY’s “active” as well as “passive” negligence but does not apply to CITY’s “sole negligence” or “willful misconduct” within the meaning of Civil Code Section 2782.
C. In the event the CITY and/or SBCTA is found to be comparatively at fault for any claim, action, loss or damage which results from their respective obligations under the AGREEMENT, the CITY and/or SBCTA shall indemnify the other to the extent of its comparative fault.
VIII. INSURANCE
A. CITY is a self-insured public entity for purposes of Professional Liability, General Liability, Automobile Liability and Workers' Compensation and warrants that through its program of self-insurance, it has adequate coverage or resources to protect against liabilities arising out of the performance of the terms, conditions or obligations of this AGREEMENT. CITY shall include in all contracts between CITY and contractors performing construction-related work in accordance with the Scope of Work that SBCTA be named as an additional insured under general liability insurance policies maintained by the contractor of the PROJECT.
B. SBCTA is insured for Commercial General Liability, Professional Liability, Auto Liability and Workers Compensation in amounts believed to be adequate to protect against liabilities arising out of the performance of the terms, conditions or obligations of this AGREEMENT.
IX. CONCLUSION
A. This AGREEMENT, consisting of eleven (11) pages, including Attachment A, is the full and complete document including all covenants, conditions, and benefits.
MONTCLAIR CITY COUNCIL MEETING – 08/04/2025 Page 85 of 139
B. The signatures of the PARTIES affixed to this AGREEMENT affirm that they are duly authorized to commit and bind them to the terms and conditions set forth in this document.
C. 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 entitledtosignandtransmit an electronic signature ofthisAGREEMENT (whether byPDF or othermail transmission), whichsignature shallbebinding on the PARTY whose name is contained therein. Each PARTY providing an electronic signature agreesto promptly execute and deliver to the otherPARTY an original signed AGREEMENT uponrequest.
------ SIGNATURES ON FOLLOWING PAGE -----
MONTCLAIR CITY COUNCIL MEETING – 08/04/2025 Page 86 of 139
In witness whereof the PARTIES have executed this AGREEMENT on the dates written below and this AGREEMENT is effective upon the last date of execution below.
SAN BERNARDINO COUNTY
TRANSPORTATION AUTHORITY
By:
Carrie Schindler, Executive Director
Date:
APPROVED AS TO FORM:
By:
Iain MacMillan
Assistant General Counsel
CITY OF MONTCLAIR
By:
Javier “John” Dutrey, Mayor
Date:
ATTEST:
By:
Andrea Myrick, City Clerk
APPROVED AS TO FORM:
By:
Diane Robbins, City Attorney
MONTCLAIR CITY COUNCIL MEETING – 08/04/2025 Page 87 of 139
ATTACHMENT A
SCOPE OF WORK
MONTCLAIR CITY COUNCIL MEETING – 08/04/2025 Page 88 of 139
MONTCLAIR CITY COUNCIL MEETING – 08/04/2025 Page 89 of 139
MONTCLAIR CITY COUNCIL MEETING – 08/04/2025 Page 90 of 139
CITY COUNCIL
AGENDA REPORT
DATE: AUGUST 4, 2025
SECTION: CONSENT - RESOLUTIONS
ITEM NO.: 1
FILE I.D.: PKG275
DEPT.: PUBLIC WORKS
PREPARER: U. MCKENZIE
SUBJECT: CONSIDER ADOPTION OF RESOLUTION NO. 25–3492 RESCINDING AND REPLACING RESOLUTION NO. 25–3474 DESIGNATING RESTRICTED PARKING ON PUBLIC STREETS
AND ALLEYS TO INCLUDE PARKING RESTRICTIONS ON THE NORTH SIDE OF CYPRESS
STREET BETWEEN MONTE VISTA AVENUE AND A PRIVATE ALLEYWAY, AND TO LIMIT
PARKING ON MAGNOLIA AVENUE AND CYPRESS STREET
REASON FOR CONSIDERATION: Management at Kendry Apartments, located on the west side of Monte Vista Avenue south of Arrow Highway, have requested to impose a 1–hour parking zone in front of the leasing office on the north side of Cypress Street between Monte Vista Avenue and a privately owned alleyway.
The City Council is requested to consider adoption of Resolution No. 25–3492 rescinding and replacing Resolution 25–3474 designating restricted parking on public streets and alleys to include parking restrictions on the north side of Cypress Street between Monte Vista Avenue and a private alley, and to limit parking on Magnolia Avenue and Cypress Street.
A copy of Resolution No. 25–3492 is attached for the City Council’s review and consideration.
BACKGROUND: California Vehicle Code §22658 sets forth parking regulations by towing or citation. Montclair Municipal Code (MMC) Chapter 8.36 outlines time limits for stopping, standing, and parking vehicles on City streets and other public properties, and MMC §8.36.100 authorizes the City Engineer to impose parking time limits or prohibit parking on designated streets with signs or markings on curbs. Finally, MMC §8.16.010 states that the City Council may adopt a Resolution citing parking restrictions.
Kendry Apartment Homes is located on the west side of Monte Vista Avenue, south of Arrow Highway. The proposed resolution imposes a permanent 1–hour parking time limit between 9:00 a.m. and 6:00 p.m. on the north side of Cypress Street in front of the leasing office located between Monte Vista Avenue and a privately owned alleyway.
Approval of Resolution No. 25–3492 would allow enforcement actions related to violations after the regulations have been posted and limit parking time to one hour on the north side of Cypress Street. Additionally, it would restrict parking on Magnolia Avenue and Cypress Street between Monte Vista Avenue and Arrow Highway from 7:00 a.m. to 2:00 p.m. every Tuesday for street sweeping services.
FISCAL IMPACT: The cost to purchase signs, posts, and hardware to implement the recommendations in Resolution No. 25–3492 would be approximately $500. Funds for the proposed changes are available in the Public Works Fiscal Year 2025–26 Budget.
RECOMMENDATION: Staff recommends the City Council adopt Resolution No. 25–3492 rescinding and replacing Resolution No. 25–3474 designating restricted parking on public streets and alleys to include parking restrictions on the north side of Cypress Street between Monte Vista Avenue and a private alleyway, and to limit parking on Magnolia Avenue and Cypress Street.
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RESOLUTION NO. 25–3492
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF MONTCLAIR RELATED TO RESTRICTED PARKING
ON PUBLIC STREETS AND ALLEYS
WHEREAS, the State of California provides, under Division 11, Chapter 9, Section 22507 of the Vehicle Code, that the City may adopt regulations by resolution or ordinance; and
WHEREAS, Section 8.16.010 of the Montclair Municipal Code provides that parking restrictions may be adopted by Resolution; and
WHEREAS, parking restrictions that were adopted by the City Council's adoption of Resolution No. 25–3474 are being rescinded by the adoption of this Resolution to incorporate all restricted parking on public streets in one Resolution; and WHEREAS, an exemption from these parking restrictions may be granted by the Public Works Director on one or more of the following grounds:
A residence that has alley access only to the garage (and residents are unable to park in the garage) or has no garage;
A residence that has alley access only to the garage (the size of which can only accommodate two or fewer vehicles) at which two or more vehicles are registered;
A residence at which a family member with a physical disability resides and such resident possesses a State of California Department of Motor Vehicles Disabled Person Parking placard and/or license plate;
Any other situation that would demonstrate a hardship created by the posting of restricted parking signs as determined by the City Engineer; and WHEREAS, execution of an agreement with the City would be required for any resident issued the parking exemption. The agreement will require that the resident be responsible for clearing the gutter in front of his/her home.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Montclair does hereby rescind Resolution No. 25–3474 and adopt the following parking restriction districts in conformance with Section 8.16.010 of the Montclair Municipal Code:
Hours Parking
Street Restricted
Ada Avenue from Monte Verde Monday
Street to its terminus north of 7:00 a.m. to 2:00 p.m.
Clair Street
Ada Avenue West side from Monday
State Street to Mission Blvd. 7:00 a.m. to 2:00 p.m.
Alamitos Street between Norton Wednesday
and Amherst Avenues 7:00 a.m. to 2:00 p.m.
Alamitos Street between Camulos Wednesday
and Felipe Avenues 7:00 a.m. to 2:00 p.m.
Alamitos Street between Camulos During school sessions, and Felipe Avenues except by permit
7:00 a.m. to 4:00 p.m.
Alamitos Street between Rose Thursday
and Saratoga Avenues 7:00 a.m. to 2:00 p.m.
Alamitos Street from Del Mar Avenue Thursday
west to its terminus 7:00 a.m. to 2:00 p.m.
Allesandro Street between Ramona Tuesday
and Felipe Avenues 7:00 a.m. to 2:00 p.m.
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Amherst Avenue between San Bernardino Wednesday
and Alamitos Streets 7:00 a.m. to 2:00 p.m.
Amherst Avenue between Benito Wednesday
and Rudisill Streets 7:00 a.m. to 2:00 p.m.
Amherst Avenue from Clair Street Monday
north to its terminus 7:00 a.m. to 2:00 p.m.
Amherst Avenue between Monday
Fauna and Evart Streets 7:00 a.m. to 2:00 p.m.
Amherst Avenue west side between Kingsley Monday
Street and Holt Boulevard 7:00 a.m. to 2:00 p.m.
Amherst Avenue east side between Kingsley Tuesday
Street and Holt Boulevard 7:00 a.m. to 2:00 p.m.
Amherst Avenue west side between Permit parking only
alleyway at 10440 Amherst Avenue
and 175 feet to the south
Amherst Avenue west side between 2:00 a.m. to 6:00 a.m.
Holt Boulevard and 185 feet to the north
Armsley Street from Columbine Tuesday
Avenue east to its terminus 7:00 a.m. to 2:00 p.m.
Armsley Street between Tuesday
Vernon and Del Mar Avenues 7:00 a.m. to 2:00 p.m.
Arrow Highway on the south side No Stopping at any time In front of 4961 Arrow Highway
Arrow Highway on the north side No Parking at any time
between Central Avenue and the
San Antonio Channel
Arrow Highway on the south side 250 feet No parking any time east of Rose Avenue to Vernon Avenue
Bandera Street from Amherst Avenue Monday
west to its terminus 7:00 a.m. to 2:00 p.m.
Bandera Street on the north side Monday
between Lehigh and Monte Vista 7:00 a.m. to 2:00 p.m.
Avenues
Bandera Street, on the south side Tuesday
between Lehigh and 7:00 a.m. to 2:00 p.m.
Monte Vista Avenues
Bandera Street on the south side from Permit parking only 4379 to 4395 Bandera Street
Bandera Street on the south side from Permit parking only 4594 to 4773 Bandera Street
Bandera Street on the north Monday
side between Monte Vista and Central 7:00 a.m. to 2:00 p.m.
Avenues
Bandera Street on the south side Monday
between Monte Vista Avenue 7:00 a.m. to 2:00 p.m.
and a point 600 feet west of Central Avenue
Bandera Street on the south side from No parking any time 5065 Bandera Street to a point 175 feet west
Bandera Street from Benson Avenue Monday
west to its terminus 7:00 a.m. to 2:00 p.m.
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Bel Air Avenue between Tuesday
Caroline and Deodar Streets 7:00 a.m. to 2:00 p.m.
Bel Air Avenue between Tuesday
Cambridge and San Bernardino Streets 7:00 a.m. to 2:00 p.m.
Bel Air Avenue from Benito Street Thursday
north to its terminus 7:00 a.m. to 2:00 p.m.
Bel Air Avenue between Benito and Monday
Orchard Streets 7:00 a.m. to 2:00 p.m.
Bel Air Avenue between Monday
Orchard and Kingsley Streets 7:00 a.m. to 2:00 p.m.
Benito Street between Mills Wednesday
and Ramona Avenues 7:00 a.m. to 2:00 p.m.
Benito Street on the south side Monday through Friday
between Camulos and Ramona Avenues 7:00 a.m. to 4:00 p.m., except by permit
Benito Street on the south side Wednesday
between Ramona and Camulos Avenues 7:00 a.m. to 2:00 p.m.
Benito Street on the south side No stopping any time
between Camulos and Helena Avenues
Benito Street on the north side 7:00 a.m. to 4:00 p.m.
between Ramona and Monte Vista during school sessions, 1–hour Avenues parking except by permit
Benito Street on the south side Bus loading zone
between Helena Avenue and
190 feet east
Benito Street on the south side 7:00 a.m. to 4:00 p.m.
from a point 190 feet east of Helena During school sessions, Avenue east to a point 650 feet west of 20–minute parking except by the centerline of Monte Vista Avenue permit
Benito Street on the south side from Thursday
Monte Vista Avenue to a point 7:00 a.m. to 2:00 p.m.
200 feet west of Greenwood Avenue
Benito Street between Monte Vista Thursday
and Fremont Avenues 7:00 a.m. to 2:00 p.m.
Benito Street on the south side from Thursday
Central Avenue to a point 200 feet 7:00 a.m. to 2:00 p.m. west of Poulsen Avenue
Benito Street on the north side Thursday
between Central and Benson Avenues 7:00 a.m. to 2:00 p.m.
Benito Street on the south side Thursday
between Central and Vernon Avenues 7:00 a.m. to 2:00 p.m.
Benito Street on the south side Thursday
between Vernon and Bel Air Avenues 7:00 a.m. to 2:00 p.m.
Benito Street on the south side Monday
between Bel Air and Benson Avenues 7:00 a.m. to 2:00 p.m.
Benson Avenue on the west side Tuesday
between Arrow Hwy. and San Jose Street 7:00 a.m. to 2:00 p.m.
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Benson Avenue on the west side Tuesday
between San Jose and Palo Verde Streets 7:00 a.m. to 2:00 p.m.
Benson Avenue on the west side Tuesday
between Palo Verde and 7:00 a.m. to 2:00 p.m.
San Bernardino Streets
Benson Avenue on the west side Thursday
between San Bernardino and 7:00 a.m. to 2:00 p.m.
Benito Streets
9810 Benson Avenue Permit parking only
9818 Benson Avenue Permit parking only
Benson Avenue on the west side Monday
between Benito and Orchard Streets 7:00 a.m. to 2:00 p.m.
Benson Avenue on the west side Monday
between Orchard and Kingsley Streets 7:00 a.m. to 2:00 p.m.
Benson Avenue on the west side Monday
between Kingsley Street and 7:00 a.m. to 2:00 p.m.
Holt Boulevard
Benson Avenue on the west side Daily
between Holt Boulevard and the 9:00 p.m. to 7:00 a.m.
Southern Pacific Railroad tracks
Berkeley Street between Pradera Wednesday
and Norton Avenues 7:00 a.m. to 2:00 p.m.
Berkeley Street between Norton Wednesday
and Kimberly Avenues 7:00 a.m. to 2:00 p.m.
Berkeley Street from Felipe Avenue 7:00 a.m. to 4:00 p.m. west to its terminus during school sessions,
except by permit
Berkeley Street from Felipe Avenue Wednesday
west to its terminus 7:00 a.m. to 2:00 p.m.
Berkeley Street between Helena Wednesday
and Greenwood Avenues 7:00 a.m. 2:00 p.m.
Berkeley Street between Helena 7:00 a.m. to 4:00 p.m.
and Greenwood Avenues during school sessions,
except by permit
Berkeley Street between Rose and Thursday
Saratoga Avenues 7:00 a.m. to 2:00 p.m.
Berkeley Street between Bel Air and Thursday
Del Mar Avenues 7:00 a.m. to 2:00 p.m.
Big Sky Avenue from Grand Avenue Monday
north to its terminus 7:00 a.m. to 2:00 p.m.
Bolton Avenue from Harvard Street Wednesday
north to its terminus 7:00 a.m. to 2:00 p.m.
Bolton Avenue between Rosewood Wednesday
and Berkeley Streets 7:00 a.m. 2:00 p.m.
Bolton Avenue between Rosewood and 7:00 a.m. to 4:00 p.m.
Berkeley Streets during school sessions,
except by permit
Bolton Avenue between Fauna Thursday
and Flora Streets 7:00 a.m. to 2:00 p.m.
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Bonnie Brae Street between Mills Wednesday
and Felipe Avenues 7:00 a.m. to 2:00 p.m.
Bonnie Brae Street north side between Thursday
Pradera and Ramona Avenues 7:00 a.m. to 2:00 p.m.
Bonnie Brae Street between Tuesday
Columbine and Vernon Avenues 7:00 a.m. to 2:00 p.m.
Bonnie Brae Street between Tuesday
Vernon and Del Mar Avenues 7:00 a.m. to 2:00 p.m.
4461Brooks Street east to Ramona Ave. No parking any time 4500 Brooks Street West to its terminus No parking this tract Vehicles over 10,000 GVW
4570 Brooks Street west to Ramona Ave. No parking any time 4650 Brooks Street No parking
Vehicles over 10,000 GVW
4660 Brooks Street No parking
Vehicles over 10,000 GVW
4664 Brooks Street No parking
Vehicles over 10,000 GVW
Brooks Street on the south side No parking
from Monte Vista Avenue west Vehicles over 10,000 GVW
to a point 895 feet west of
Monte Vista Avenue
Brooks Street on the south side No parking any time
from Ramona Avenue to a point
535 feet east of Ramona Avenue
Brooks Street from Benson Avenue Daily
west to its terminus 9:00 p.m. to 7:00 a.m.
Buckskin Avenue between Mane Monday
and Rawhide Streets 7:00 a.m. to 2:00 p.m.
Buckskin Avenue between Phillips Monday
Boulevard and Monte Verde Street 7:00 a.m. to 2:00 p.m.
Buckskin Avenue from Saddleback Monday
Street north to its terminus 7:00 a.m. to 2:00 p.m.
Butterfield Avenue from Phillips Monday
Boulevard north to its terminus 7:00 a.m. to 2:00 p.m.
Camarena Avenue between Rosewood Thursday
and Benito Streets 7:00 a.m. to 2:00 p.m.
Camarena Avenue between Fauna Monday
and Kingsley Streets 7:00 a.m. to 2:00 p.m.
Camarena Avenue between Howard and Monday
Saddleback Streets 7:00 a.m. to 2:00 p.m.
Camarena Avenue between Bandera Monday
and Manzanita Streets 7:00 a.m. to 2:00 p.m.
Cambridge Street between Pradera Wednesday
and Ramona Avenues 7:00 a.m. to 2:00 p.m.
Cambridge Street from Surrey Avenue Wednesday
east to its terminus 7:00 a.m. to 2:00 p.m.
Cambridge Street from Tuesday
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Del Mar Avenue to its terminus 7:00 a.m. to 2:00 p.m.
west of Vernon Avenue
Camulos Avenue between Arrow Highway Tuesday
and Oakdale Street 7:00 a.m. to 2:00 p.m.
Camulos Avenue between Allesandro Tuesday
and Moreno Streets 7:00 a.m. to 2:00 p.m.
Camulos Avenue from San Jose Street Tuesday
north to its terminus 7:00 a.m. to 2:00 p.m.
Camulos Avenue between La Deney Wednesday
and Hawthorne Streets 7:00 a.m. to 2:00 p.m.
Camulos Avenue from Bonnie Brae Wednesday
Street north to its terminus 7:00 a.m. to 2:00 p.m.
Camulos Avenue between Palo Verde Wednesday
and Harvard Streets 7:00 a.m. to 2:00 p.m.
Camulos Avenue between Rosewood Wednesday
and Benito Streets 7:00 a.m. to 2:00 p.m.
Camulos Avenue between State and No parking any time
Dale Streets
Camulos Avenue between Alamitos 7:00 a.m. to 4:00 p.m.
and Benito Streets during school sessions,
except by permit
Camulos Avenue on the west side Wednesday
between Benito and Orchard Streets 7:00 a.m. to 2:00 p.m.
Camulos Avenue on the west side 7:00 a.m. to 4:00 p.m.
between Benito and Orchard Streets during school sessions, except by permit
Camulos Avenue between Orchard Monday
and Kingsley Streets 7:00 a.m. to 2:00 p.m.
Canary Court from Ramona Avenue Monday
east and then north to its terminus 7:00 a.m. to 2:00 p.m.
Canoga Street on the north side Tuesday
between Ramona and Monte Vista 7:00 a.m. to 2:00 p.m.
Avenues
Canoga Street on the south side Monday
between Ramona and 7:00 a.m. to 2:00 p.m.
Monte Vista Avenues
Canoga Street between Fremont Monday
and Monte Vista Avenues 7:00 a.m. to 2:00 p.m.
Canoga Street from Marion Avenue Monday
east to its terminus 7:00 a.m. to 2:00 p.m.
Carlton Street from Monte Vista Monday
Avenue east to its terminus 7:00 a.m. to 2:00 p.m.
Caroline Street between Bel Air Avenue Tuesday
to its terminus east of Del Mar Avenue 7:00 a.m. to 2:00 p.m.
Carriage Avenue from Grand Avenue Monday
north to its terminus 7:00 a.m. to 2:00 p.m.
Carriage Avenue on the west side Monday
between Phillips Boulevard and 7:00 a.m. to 2:00 p.m.
Ramona Place
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Carriage Avenue between Rawhide Monday
Street and Mission Boulevard 7:00 a.m. to 2:00 p.m.
Carrillo Avenue between El Morado Thursday
and Orchard Streets 7:00 a.m. to 2:00 p.m.
Carrillo Avenue from Palo Verde Street Tuesday
north to its terminus 7:00 a.m. to 2:00 p.m.
Carrillo Avenue on the west side Permit Parking Only Everyday to its terminus north of 7:00 a.m. to 5:00 p.m.
Palo Verde Street
Carrillo Avenue from Saddleback Monday
north to its terminus 7:00 a.m. to 2:00 p.m.
Carrillo Avenue between San Bernardino Tuesday
and Palo Verde Streets 7:00 a.m. to 2:00 p.m.
Central Avenue on the west side No Parking at any time
between the north City Limits and Arrow Hwy.
Central Avenue on the east side No stopping any time
between the north City Limits and
San Bernardino Street
Central Avenue on the west side No stopping any time
between Arrow Highway and
Palo Verde Street
Central Avenue between Benito Thursday
and Orchard Streets 7:00 a.m. to 2:00 p.m.
Central Avenue on the west side No Parking at any time
between San Bernardino and Benito
Streets
Central Avenue on the east side Thursday
between San Bernardino and 7:00 a.m. to 2:00 p.m.
Benito Streets
Central Avenue on the west side No Parking at any time
between Kingsley and Orchard
Streets
Central Avenue service road from No Parking at any time its beginning to its terminus
Central Avenue on the west side No Parking at any time
from Howard Street to a point
420 feet north
Clair Street from Kimberly Avenue Monday
to its terminus west of Essex Avenue 7:00 a.m. to 2:00 p.m.
Clair Street between Marion Monday
and Ada Avenues 7:00 a.m. to 2:00 p.m.
Clair Street between Whitewater Monday
and Coalinga Avenues 7:00 a.m. to 2:00 p.m.
Coalinga Avenue from Howard Street Monday
South to its terminus 7:00 a.m. to 2:00 p.m.
Coalinga Avenue between Rosewood Thursday
and Benito Streets 7:00 a.m. to 2:00 p.m.
Coalinga Avenue between Fauna Monday
and Kingsley Streets 7:00 a.m. to 2:00 p.m.
College Avenue from Howard Street Monday
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to a point 650 feet south 7:00 a.m. to 2:00 p.m.
Columbine Avenue between Deodar and Tuesday
San Jose Streets 7:00 a.m. to 2:00 p.m.
Columbine Avenue between Tuesday
La Deney and Bonnie Brae Streets 7:00 a.m. to 2:00 p.m.
Columbine Avenue between Rosewood Thursday
and Benito Streets 7:00 a.m. to 2:00 p.m.
Columbine Avenue between Granada Thursday
and Rudisill Streets 7:00 a.m. to 2:00 p.m.
Columbine Avenue between Monday
Fauna and Evart Streets 7:00 a.m. to 2:00 p.m.
Cypress Street on the north side 9:00 a.m. to 6:00 p.m. between Monte Vista Avenue and the alleyway 1-hour parking Cypress Street between Monte Vista Avenue Tuesday
and Magnolia Avenue 7: a.m. to 2:00 p.m.
Dale Street between Camulos and Ramona No Parking at any time Avenues
Deer Creek Avenue between Grand Monday
Avenue north and Grand Avenue south 7:00 a.m. to 2:00 p.m.
Del Mar Avenue between Tuesday
Caroline and San Jose Streets 7:00 a.m. to 2:00 p.m.
Del Mar Avenue between Tuesday
San Jose and Palo Verde Streets 7:00 a.m. to 2:00 p.m.
Del Mar Avenue between Yale Tuesday
and Cambridge Streets 7:00 a.m. to 2:00 p.m.
Del Mar Avenue from Benito Street Thursday
north to its terminus 7:00 a.m. to 2:00 p.m.
Del Mar Avenue between Benito and Monday
Orchard Streets 7:00 a.m. to 2:00 p.m.
Del Mar Avenue between Monday
Orchard and Kingsley Streets 7:00 a.m. to 2:00 p.m.
Denver Street between Pradera and Wednesday
Amherst Avenues 7:00 a.m. to 2:00 p.m.
Denver Street between Ramona Wednesday
Avenue west to its terminus 7:00 a.m. to 2:00 p.m.
Denver Street from Camulos Avenue Wednesday
west to its terminus 7:00 a.m. to 2:00 p.m.
Denver Street from Camulos Avenue 7:00 a.m. to 4:00 p.m. west to its terminus during school sessions,
except by permit
Denver Street between Greenwood Thursday
and Monte Vista Avenues 7:00 a.m. to 2:00 p.m.
Denver Street between Greenwood 7:00 a.m. to 4:00 p.m.
and Monte Vista Avenues during school sessions,
except by permit
Denver Street from Monte Vista Avenue Thursday
east to its terminus 7:00 a.m. to 2:00 p.m.
Denver Street between Rose and Thursday
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Columbine Avenues 7:00 a.m. to 2:00 p.m.
Denver Street between Bel Air and Monday
Del Mar Avenues 7:00 a.m. to 2:00 p.m.
Deodar Street between its terminus Tuesday
west of Columbine Avenue to its 7:00 a.m. to 2:00 p.m.
terminus east of Del Mar Avenue
El Morado Street from Ramona Wednesday
Avenue west to its terminus 7:00 a.m. to 2:00 p.m.
El Morado Street from Camulos Wednesday
Avenue west to its terminus 7:00 a.m. to 2:00 p.m.
El Morado Street from Camulos 7:00 a.m. to 4:00 p.m.
Avenue west to its terminus during school sessions,
except by permit
El Morado Street between Tudor Thursday
and Monte Vista Avenues 7:00 a.m. to 2:00 p.m.
El Morado Street between Marion Thursday
and Central Avenues 7:00 a.m. to 2:00 p.m.
El Morado Street between Rose and Thursday
Vernon Avenues 7:00 a.m. to 2:00 p.m.
Essex Avenue between Howard Monday
and Clair Streets 7:00 a.m. to 2:00 p.m.
Evart Street between Mills Monday
and Pradera Avenues 7:00 a.m. to 2:00 p.m.
Evart Street on the north side between Daily
Amherst and Pradera Avenues 12:00 a.m. to 5:00 a.m.
Monday
7:00 a.m. to 2:00 p.m.
Evart Street on the south side between Monday
Pradera and Amherst Avenues 7:00 a.m. to 2:00 p.m.
Evart Street from Ramona Avenue Monday
east to its terminus 7:00 a.m. to 2:00 p.m.
Evart Street between Felipe and Thursday
Tudor Avenues 7:00 a.m. to 2:00 p.m.
Evart Street from Coalinga Avenue Monday
east to its terminus 7:00 a.m. to 2:00 p.m.
Evart Street from Marion Avenue Monday
east to its terminus 7:00 a.m. to 2:00 p.m.
Evart Street from Monday
Rose Avenue east to its terminus 7:00 a.m. to 2:00 p.m.
Evart Street between Monday
Saratoga and Columbine Avenues 7:00 a.m. to 2:00 p.m.
Exeter Avenue between Tuesday
Palo Verde and La Deney Streets 7:00 a.m. to 2:00 p.m.
Exeter Avenue between Tuesday
Princeton and San Bernardino Streets 7:00 a.m. to 2:00 p.m.
Fauna Street between Monday
Oak Glen and Amherst Avenues 7:00 a.m. to 2:00 p.m.
Fauna Street between Lehigh Monday
and Kimberly Avenues 7:00 a.m. to 2:00 p.m.
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Fauna Street between Felipe and Thursday
Tudor Avenues 7:00 a.m. to 2:00 p.m.
Fauna Street from Tudor Avenue Thursday
east to its terminus 7:00 a.m. to 2:00 p.m.
Fauna Street from Monte Vista Avenue Monday
to its terminus east of Coalinga Avenue 7:00 a.m. to 2:00 p.m.
Fauna Street between Coalinga and Monday
Geneva Avenues 7:00 a.m. to 2:00 p.m.
Fauna Street from Marion Avenue Monday
east to its terminus 7:00 a.m. to 2:00 p.m.
Fauna Street from west of Monday
Saratoga Avenue to Vernon Avenue 7:00 a.m. to 2:00 p.m.
Felipe Avenue from Oakdale Street Tuesday
north to its terminus 7:00 a.m. to 2:00 p.m.
Felipe Avenue between Moreno Tuesday
and Allesandro Streets 7:00 a.m. to 2:00 p.m.
Felipe Avenue from San Jose Street Wednesday
south to its terminus 7:00 a.m. to 2:00 p.m.
Felipe Avenue from Bonnie Brae Wednesday
Street north to its terminus 7:00 a.m. to 2:00 p.m.
Felipe Avenue between Rosewood Wednesday
and Benito Streets 7:00 a.m. to 2:00 p.m.
Felipe Avenue between Rosewood 7:00 a.m. to 4:00 p.m.
and Benito Streets during school sessions,
except by permit
Felipe Avenue between Orchard Thursday
and Kingsley Streets 7:00 a.m. to 2:00 p.m.
Felipe Avenue from Bandera Street Monday
south to its terminus 7:00 a.m. to 2:00 p.m.
Flora Street between Pradera Monday
and Amherst Avenues 7:00 a.m. to 2:00 p.m.
Flora Street from Ramona Avenue Monday
east to its terminus 7:00 a.m. to 2:00 p.m.
Flora Street between Felipe and Thursday
Tudor Avenues 7:00 a.m. to 2:00 p.m.
Flora Street between Greenwood Thursday
and Monte Vista Avenues 7:00 a.m. to 2:00 p.m.
Flora Street between Monte Vista Monday
and Camarena Avenues 7:00 a.m. to 2:00 p.m.
Flora Street from Coalinga Avenue Monday
east to its terminus 7:00 a.m. to 2:00 p.m.
Flora Street from Fremont Avenue Monday
west to its terminus 7:00 a.m. to 2:00 p.m.
Flora Street from Poulsen Avenue Monday
west to its terminus 7:00 a.m. to 2:00 p.m.
Flora Street from Rose Avenue Monday
east to its terminus 7:00 a.m. to 2:00 p.m.
Fremont Avenue on the east side from Monday
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Howard Street to a point 120 feet 7:00 a.m. to 2:00 p.m. south of Saddleback Street
Fremont Avenue on the west side from Monday
Howard Street to a point 120 feet 7:00 a.m. to 2:00 p.m. south of Grand Avenue
Fremont Avenue between Mission Monday
Boulevard and Howard Street 7:00 a.m. to 2:00 p.m.
Fremont Avenue on the west side from No Parking at any time Mission Blvd north to a point 470 feet
Fremont Avenue on the east side No Parking at any time
between Moreno and Olive Streets
Fremont Avenue on the west side Tuesday
between Olive and Moreno Streets 7:00 a.m. to 2:00 p.m.
Fremont Avenue on the west Thursday
side between Palo Verde and 7:00 a.m. to 2:00 p.m.
San Bernardino Streets
Fremont Avenue on the east side Tuesday
between Palo Verde and 7:00 a.m. to 2:00 p.m.
San Bernardino Streets
Fremont Avenue on the east side Permit parking only
from Palo Verde Street south to
9633 Fremont Avenue
Fremont Avenue on the west side Thursday
between Benito and San Bernardino 7:00 a.m. to 2:00 p.m.
Streets
Fremont Avenue on the east side Tuesday
between Benito and San Bernardino 7:00 a.m. to 2:00 p.m.
Streets
Fremont Avenue between Benito and Thursday
Orchard Streets 7:00 a.m. to 2:00 p.m.
Fremont Avenue between Orchard Monday
and Kingsley Streets 7:00 a.m. to 2:00 p.m.
Fremont Avenue between Bandera and Monday
Kingsley Streets 7:00 a.m. to 2:00 p.m.
Galena Avenue between Rosewood Wednesday
and Benito Streets 7:00 a.m. to 2:00 p.m.
Galena Avenue between Rosewood 7:00 a.m. to 4:00 p.m.
and Benito Streets during school sessions,
except by permit
Galena Avenue from Fauna Street Thursday
north to its terminus 7:00 a.m. to 2:00 p.m.
Geneva Avenue between Olive Tuesday
and Highland Streets 7:00 a.m. to 2:00 p.m.
Geneva Avenue between Rosewood Thursday
and Benito Streets 7:00 a.m. to 2:00 p.m.
Geneva Avenue between Benito Thursday
and Rudisill Streets 7:00 a.m. to 2:00 p.m.
Geneva Avenue between Fauna and Monday
Orchard Streets 7:00 a.m. to 2:00 p.m.
Granada Street from Pradera Wednesday
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Avenue east to its terminus 7:00 a.m. to 2:00 p.m.
Granada Street from Ramona Wednesday
Avenue west to its terminus 7:00 a.m. to 2:00 p.m.
Granada Street from Monte Vista Avenue Thursday
east to its terminus 7:00 a.m. to 2:00 p.m.
Granada Street between Rose and Thursday
Columbine Avenues 7:00 a.m. to 2:00 p.m.
Granada Street between Monday
Santa Anita and Del Mar Avenues 7:00 a.m. to 2:00 p.m.
Grand Avenue between Deer Creek Monday
and Fremont Avenues 7:00 a.m. to 2:00 p.m.
Grand Avenue between Monte Vista Monday
and Deer Creek Avenues 7:00 a.m. to 2:00 p.m.
Grand Avenue north side from Ramona Monday
Avenue to a point 130 feet east 7:00 a.m. to 2:00 p.m.
of Carriage Avenue
Grand Avenue on the south side Monday
from Ramona Avenue east to 7:00 a.m. to 2:00 p.m.
4641 Grand Avenue
Greenwood Avenue from Harvard Wednesday
Street north to its terminus 7:00 a.m. to 2:00 p.m.
Greenwood Avenue between Rosewood Wednesday
and Benito Streets 7:00 a.m. 2:00 p.m.
Greenwood Avenue between Rosewood 7:00 a.m. to 4:00 p.m. and Benito Streets during school sessions,
except by permit
Greenwood Avenue between Benito Thursday
and Denver Streets 7:00 a.m. to 2:00 p.m.
Greenwood Avenue between Benito 7:00 a.m. to 4:00 p.m.
and Denver Streets during school sessions,
except by permit
Greenwood Avenue from Orchard Thursday
Street north to its terminus 7:00 a.m. to 2:00 p.m.
Greenwood Avenue between Fauna Thursday
and Kingsley Streets 7:00 a.m. to 2:00 p.m.
Greycliff Avenue from Grand Avenue Monday
north to its terminus 7:00 a.m. to 2:00 p.m.
Harvard Street between Pradera Wednesday
and Ramona Avenues 7:00 a.m. to 2:00 p.m.
Harvard Street between Ramona Wednesday
and Camulos Avenues 7:00 a.m. to 2:00 p.m.
Harvard Street between Helena Wednesday
and Monte Vista Avenues 7:00 a.m. to 2:00 p.m.
Harvard Street between Fremont Tuesday
and Poulsen Avenues 7:00 a.m. to 2:00 p.m.
Harvard Street from Tuesday
Exeter Avenue to its terminus 7:00 a.m. to 2:00 p.m.
east of Bel Air Avenue
Hawthorne Street between Wednesday
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Ramona and Camulos Avenues 7:00 a.m. to 2:00 p.m.
Hawthorne Street from Columbine Avenue Tuesday
east to its terminus 7:00 a.m. to 2:00 p.m.
Hawthorne Street between Tuesday
Vernon and Del Mar Avenues 7:00 a.m. to 2:00 p.m.
Helena Avenue from Moreno Street Tuesday
north to its terminus 7:00 a.m. to 2:00 p.m.
Helena Avenue between Palo Verde Wednesday
and San Bernardino Streets 7:00 a.m. to 2:00 p.m.
Helena Avenue between San Bernardino Wednesday
and Benito Streets 7:00 a.m. 2:00 p.m.
Helena Avenue between San Bernardino 7:00 a.m. to 4:00 p.m. and Benito Streets during school sessions,
except by permit
Helena Avenue from Fauna Street Thursday
north to its terminus 7:00 a.m. to 2:00 p.m.
Helena Avenue on the west side Monday
between Kingsley and Bandera Streets 7:00 a.m. to 2:00 p.m.
Helena Avenue on the east side Tuesday
between Kingsley and Bandera Streets 7:00 a.m. to 2:00 p.m.
Helena Avenue between Bandera and Monday
Manzanita Streets 7:00 a.m. to 2:00 p.m.
Highland Street between Ramona and Tuesday
Helena Avenues 7:00 a.m. to 2:00 p.m.
Highland Street between Lindero and Tuesday
Geneva Avenues 7:00 a.m. to 2:00 p.m.
Highland Street from Surrey Avenue Tuesday
east to its terminus 7:00 a.m. to 2:00 p.m.
Holt Boulevard on the south side No Parking at any time between Central and Rose Avenues
5033 Holt Boulevard on the south side No Parking at any time Holt Boulevard on the north side Monday
from Ramona Avenue to a point 7:00 a.m. to 2:00 p.m.
650 feet east of Ramona Avenue
Holt Boulevard on the north side Monday
from 4370 Holt Blvd. west to Amherst 7:00 a.m. to 2:00 p.m.
Avenue
Holt Boulevard on the north side No Parking
West from Ramona Avenue to Amherst 2:00 a.m. to 6:00 a.m.
Avenue 2 Hour Parking
Howard Elementary School School bus loading zone
4650 Howard Street
Howard Street on the north side between Monday
Wesley and Essex Avenues 7:00 a.m. to 2:00 p.m.
Howard Street on the south side between No stopping
College Avenue to a point 440 feet east School bus loading zone Howard Street between Essex and Monday
Ramona Avenues 7:00 a.m. to 2:00 p.m.
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Howard Street between Monte Vista Ave. and Monday
Central Avenues 7:00 a.m. to 2:00 p.m.
Howard Street on the north side from Monday
Monte Vista Avenue to a point 200 feet 7:00 a.m. to 2:00 p.m. west of Stagecoach Avenue
Howard Street on the south side Monday
between Pipeline and College Avenues 7:00 a.m. to 2:00 p.m.
Howard Street north side from Ramona Monday
Avenue east to 4580 Howard Street 7:00 a.m. to 2:00 p.m.
Howard Street on the south side Monday
from Ramona Avenue east to 7:00 a.m. to 2:00 p.m.
4695 Howard Street
Huntington Drive on the south side Tuesday
from Claremont Boulevard east to its 7:00 a.m. to 2:00 p.m. terminus
James Place from Camulos Avenue Wednesday
east to its terminus 7:00 a.m. to 2:00 p.m.
Kimberly Avenue from Clair Street Monday
north to its terminus 7:00 a.m. to 2:00 p.m.
Kimberly Avenue between Fauna Monday
and Kingsley Streets 7:00 a.m. to 2:00 p.m.
Kimberly Avenue from Howard Monday
Street north to its terminus 7:00 a.m. to 2:00 p.m.
Kimberly Avenue west side between Kingsley Monday
and Bandera Streets 7:00 a.m. to 2:00 p.m.
Kimberly Avenue east side between Kingsley Tuesday
and Bandera Streets 7:00 a.m. to 2:00 p.m.
Kimberly Avenue from Brooks Street south No parking
to its terminus 2:00 a.m. to 6:00 a.m.
Kimberly Avenue between Mane Monday
and Merle Streets 7:00 a.m. to 2:00 p.m.
Kimberly Avenue between Wednesday
San Bernardino and Berkeley Streets 7:00 a.m. to 2:00 p.m.
Kingsley Street on the north side Wednesday
between Mills and Ramona Avenues 7:00 a.m. to 2:00 p.m.
Kingsley Street on the south side Monday
between Mills and Ramona Avenues 7:00 a.m. to 2:00 p.m.
Kingsley Street on the north side Wednesday
between Ramona and Felipe Avenues 7:00 a.m. to 2:00 p.m.
Kingsley Street on the north side Thursday
between Felipe and Monte Vista Avenues 7:00 a.m. to 2:00 p.m.
Kingsley Street on the south side Monday
between Ramona and Monte Vista 7:00 a.m. to 2:00 p.m.
Avenues
Kingsley Street on south side between Disabled parking
Ramona Avenue and 20 feet east
Kingsley Street on the north side Wednesday
between Monte Vista and 7:00 a.m. to 2:00 p.m.
Central Avenues
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Kingsley Street on the south side Monday
between Monte Vista and Central 7:00 a.m. to 2:00 p.m.
Avenues
Kingsley Street on the north side Wednesday
between Central and Benson Avenues 7:00 a.m. to 2:00 p.m.
Kingsley Street on the south side Monday
between Central and Benson Avenues 7:00 a.m. to 2:00 p.m.
Kingsley Elementary School School bus loading zone
5625 Kingsley Street Monday through Friday
6:30 a.m. to 8:30 a.m.
La Deney Street north side between Pradera Wednesday
and Ramona Avenues 7:00 a.m. to 2:00 p.m.
La Deney Street south side between Pradera Thursday
and Ramona Avenues 7:00 a.m. to 2:00 p.m.
La Deney Street between Ramona Wednesday
and Camulos Avenues 7:00 a.m. to 2:00 p.m.
La Deney Street from Felipe Avenue Wednesday
west to its terminus 7:00 a.m. to 2:00 p.m.
La Deney Street from Tuesday
Rose Avenue to its terminus 7:00 a.m. to 2:00 p.m.
east of Columbine Avenue
La Deney Street between Tuesday
Vernon and Del Mar Avenues 7:00 a.m. to 2:00 p.m.
Lehigh Avenue on the west side between Permit parking only 10404 and 10444 Lehigh Avenue
Lehigh Avenue on the east side between Permit parking only 10421 and 10445Lehigh Ave
Lehigh Avenue from Kimberley Wednesday
Avenue north to its terminus 7:00 a.m. to 2:00 p.m.
Lehigh Avenue between Fauna Monday
and Kingsley Streets 7:00 a.m. to 2:00 p.m.
Lehigh Avenue west side between Kingsley Monday
Street and Bandera Streets 7:00 a.m. to 2:00 p.m.
Lehigh Avenue west side from Bandera Street Monday
south to its terminus 7:00 a.m. to 2:00 p.m.
Lehigh Avenue east side between Kingsley Tuesday
and Bandera Streets 7:00 a.m. to 2:00 p.m.
Lehigh Avenue east side from Bandera Street Tuesday
south to its terminus 7:00 a.m. to 2:00 p.m.
Lindero Avenue between Olive Tuesday
and Moreno Streets 7:00 a.m. to 2:00 p.m.
Lindero Avenue between Rosewood Thursday
and Benito Streets 7:00 a.m. to 2:00 p.m.
Lindero Avenue between Benito and Thursday
Orchard Streets 7:00 a.m. to 2:00 p.m.
Magnolia Avenue between Arrow Highway Tuesday
and Cypress Street 7:00 a.m. to 2:00 p.m.
Mane Street between Monte Vista Monday
and Stallion Avenues 7:00 a.m. to 2:00 p.m.
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Mane Street from Ramona Avenue Monday
east to its terminus 7:00 a.m. to 2:00 p.m.
Mane Street between San Pasqual Monday
and Kimberly Avenues 7:00 a.m. to 2:00 p.m.
Mane Street from Stagecoach Avenue Monday
west to its terminus 7:00 a.m. to 2:00 p.m.
Manzanita Street between Helena Monday
and Tudor Avenues 7:00 a.m. to 2:00 p.m.
Manzanita Street between Monte Vista Monday
and Camarena Avenues 7:00 a.m. to 2:00 p.m.
Marion Avenue between Harvard Tuesday
and Palo Verde Streets 7:00 a.m. to 2:00 p.m.
Marion Avenue between El Morado Thursday
and Orchard Streets 7:00 a.m. to 2:00 p.m.
Marion Avenue between Kingsley and Monday
Bandera Streets 7:00 a.m. to 2:00 p.m.
Marion Avenue between Orchard Monday
and Kingsley Streets 7:00 a.m. to 2:00 p.m.
Marion Avenue between Saddleback Monday
and Clair Streets 7:00 a.m. to 2:00 p.m.
Merle Street between Fremont and Monday
Central Avenues 7:00 a.m. to 2:00 p.m.
Merle Street between Fremont and Monday
Poulsen Avenues 7:00 a.m. to 2:00 p.m.
Merle Street between San Pasqual Monday
and Ramona Avenues 7:00 a.m. to 2:00 p.m.
Mills on the east side between Tuesday
Moreno and San Jose Streets 7:00 a.m. to 2:00 p.m.
Mills Avenue on the east side between Wednesday
San Jose and I-10 Fwy 7:00 a.m. to 2:00 p.m.
Mills Avenue on the east side between No Stopping at any time 9575 and 9595 Mills Avenue
Mills Avenue on the east side between Wednesday
Palo Verde and San Bernardino Streets 7:00 a.m. to 2:00 p.m.
Mills Avenue on the west side between No Stopping at any time San Bernardino Street north to American Ave
Mills Avenue on the east side between Wednesday
San Bernardino and Benito Streets 7:00 a.m. to 2:00 p.m.
Mills Avenue on the east side between Wednesday
Benito and Orchard Streets 7:00 a.m. to 2:00 p.m.
Mills Avenue on the east side between Monday
Orchard and Kingsley Streets 7:00 a.m. to 2:00 p.m.
Mills Avenue on the east side between Monday
Kingsley Street and Holt Boulevard 7:00 a.m. to 2:00 p.m.
Mills Avenue on the east and west side 10:00 p.m. to 5:00 a.m. from Holt Boulevard to the end of cul-de-sac
4780 Mission Boulevard 2–hour parking
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4762 Mission Boulevard 2–hour parking
4923 Mission Boulevard No parking any time
5111 Mission Boulevard 2–hour parking
5141 Mission Boulevard 2–hour parking
Mission Boulevard on the north side No stopping any time from Ada Street west to
5138 Mission Boulevard
Mission Boulevard on the south side No stopping any time from Central Avenue west to
5141 Mission Boulevard
Mission Boulevard on the north side 2–hour parking
from Fremont Avenue east through
5138 Mission Boulevard
Mission Boulevard on the north side No parking any time between Fremont and Monte Vista
Avenues
Mission Boulevard on the south side 2–hour parking
from 4925 Mission Boulevard to
Fremont Avenue
Mission Boulevard on the north side No parking any time from Monte Vista Avenue west
through 4790 Mission Boulevard
Mission Boulevard on the north side 2–hour parking
between Pipeline and Silicon Avenues
Mission Boulevard on the north side No parking any time from Pipeline Avenue to the west
City limit
Mission Boulevard on the north side No parking any time from Ramona Avenue east to
4762 Mission Boulevard
Mission Boulevard on the north side No parking any time from Ramona Avenue to
4284 Mission Boulevard
Mission Boulevard on the south side No parking any time between Ramona and Monte Vista
Avenues
Mission Boulevard on the north side 2–hour parking
from Silicon Avenue east through
4284 Mission Boulevard
Mission Boulevard on the south side No parking any time between the west City limit and
Ramona Avenue
Monte Verde Street between Ada Monday
and Poulsen Avenues 7:00 a.m. to 2:00 p.m.
Monte Verde Street from Buckskin Monday
Avenue west to its terminus 7:00 a.m. to 2:00 p.m.
Monte Vista Avenue from Arrow No Parking at any time
Highway to a point 150 feet north of
Richton Street
MONTCLAIR CITY COUNCIL MEETING – 08/04/2025 Page 108 of 139 Resolution No. 25–3492 Page 18 of 26
Monte Vista Avenue between Bandera No parking any time
Street and Holt Boulevard
Monte Vista Avenue from Benito Monday through Friday
Street to a point 220 feet north 7:00 a.m. to 6:00 p.m. of Benito Street
Monte Vista Avenue between Benito Thursday
and Orchard Streets 7:00 a.m. to 2:00 p.m.
Monte Vista Avenue on the west side Wednesday
from Harvard Street to a point 7:00 a.m. 2:00 p.m.
300 feet north
Monte Vista Avenue on the east side No stopping any time from Mission Blvd. to a point 77 feet
south of Carlton Street
Monte Vista Avenue on the west side Monday
between, Mane Street and Howard 7:00 a.m. to 2:00 p.m.
Street
Monte Vista Avenue on the west side No stopping any time between Mission Blvd. and Mane Street
Monte Vista Avenue on the east side Monday
from a point 77 feet south of Carlton 7:00 a.m. to 2:00 p.m.
Street to a point 110 feet south of Grand
Avenue
Monte Vista Avenue on the east No Stopping any time
side between Moreno Street and Arrow Highway
Monte Vista Avenue between Moreno No stopping any time
Street and the I–10 Freeway
Monte Vista Avenue on the west side Tuesday
from Moreno Street to a point 7:00 a.m. to 2:00 p.m.
100 feet north of Olive Street
Monte Vista Avenue on the east side Monday
between Orchard and Kingsley Streets 7:00 a.m. to 2:00 p.m.
Monte Vista Avenue on the west side Thursday
between Orchard and Kingsley Streets 7:00 a.m. to 2:00 p.m.
Monte Vista Avenue on the east side No Stopping at any time from Orchard Street to a point
400 feet north
Monte Vista Avenue on the east side Thursday
between San Bernardino and 7:00 a.m. to 2:00 p.m.
Benito Streets
Monte Vista Avenue on the west side Wednesday
between San Bernardino and 7:00 a.m. 2:00 p.m.
Benito Streets
Monte Vista Avenue west side between No Parking at any time State Street and Mission Boulevard
Monte Vista Avenue east side from No Parking at any time Mission Boulevard to a point 375 feet north
Moreno Street between Mills Avenue Tuesday
and the San Antonio Channel 7:00 a.m. to 2:00 p.m.
Moreno Street on the north side Tuesday
from Monte Vista Avenue to a point 7:00 a.m. to 2:00 p.m. 100 feet west of Surrey Avenue
MONTCLAIR CITY COUNCIL MEETING – 08/04/2025 Page 109 of 139 Resolution No. 25–3492 Page 19 of 26
Moreno Street on the north side between No Parking any time Lindero and Monte Vista Avenues
Moreno Street on the north side between Tuesday
Fremont Avenue to a point 100 feet 7:00 a.m. to 2:00 p.m. west of Lindero Avenue
Moreno Street on the north side No stopping any time
between Fremont and Central Avenues
Moreno Street on the south side No parking any time
between Monte Vista and Central
Avenues
Moreno Street on the north side Tuesday
from Del Mar Avenue to a point 7:00 a.m. to 2:00 p.m.
300 feet east of Vernon Avenue
Norton Avenue between Alamitos Wednesday
and Benito Streets 7:00 a.m. to 2:00 p.m.
Oak Glen Avenue between Monday
Fauna and Evart Streets 7:00 a.m. to 2:00 p.m.
Oak Glen Avenue from Holt Boulevard Monday
south to its terminus 7:00 a.m. to 2:00 p.m.
Oakdale Street from Ramona Avenue Tuesday
to its terminus east of Felipe Avenue 7:00 a.m. 2:00 p.m.
Olive Street between Ramona and Tuesday
Helena Avenues 7:00 a.m. 2:00 p.m.
Olive Street between Surrey and Tuesday
Monte Vista Avenues 7:00 a.m. 2:00 p.m.
Olive Street from Fremont Avenue west No Parking at any time to its terminus
Olive Street from Monte Vista Avenue Tuesday
East to its terminus 7:00 a.m. 2:00 p.m.
Olive Street between Central and Tuesday
Vernon Avenues 7:00 a.m. 2:00 p.m.
Orchard Street on the north side between Wednesday
Mills and Ramona Avenues 7:00 a.m. to 2:00 p.m.
Orchard Street on the south side between Monday
Mills and Ramona Avenues 7:00 a.m. to 2:00 p.m.
Orchard Street on the south side fronting 2-hour parking Sunset Park
Orchard Street on the north side between Wednesday
Ramona and Camulos Avenues 7:00 a.m. to 2:00 p.m.
Orchard Street on the south side between Monday
Ramona and Felipe Avenues 7:00 a.m. to 2:00 p.m.
Orchard Street on the north side from Thursday
Monte Vista Avenue to a point 120 feet 7:00 a.m. to 2:00 p.m. west of Tudor Avenue
Orchard Street on the south side between Thursday
Tudor and Monte Vista Avenues 7:00 a.m. to 2:00 p.m.
Orchard Street on the north side from Thursday
Fremont Avenue to a point 100 feet 7:00 a.m. to 2:00 p.m. west of Lindero Avenue
MONTCLAIR CITY COUNCIL MEETING – 08/04/2025 Page 110 of 139 Resolution No. 25–3492 Page 20 of 26
Orchard Street on the north side Thursday
between Fremont to Central Avenues 7:00 a.m. to 2:00 p.m.
Orchard Street on the south side 7:00 a.m. to 4:00 p.m. between Geneva and Monte Vista Avenues during school sessions except by permit
Orchard Street on the south side between Monday
Monte Vista and Central Avenues 7:00 a.m. to 2:00 p.m.
Orchard Street on the north side Thursday
between Central and Vernon 7:00 a.m. to 2:00 p.m.
Avenues
Orchard Street on the north side Thursday
between Vernon and Bel Air Avenues 7:00 a.m. to 2:00 p.m.
Orchard Street on the north side Monday
between Bel Air and Benson Avenues 7:00 a.m. 2:00 p.m.
Orchard Street on the south side Monday
between Central and Benson 7:00 a.m. to 2:00 p.m.
Avenues
Palo Verde Street on the north side from No Parking at any time Central Avenue to a point of 210 feet west
Palo Verde Street on the north side from No Parking at any time Mills Avenue to a point 470 feet east
Palo Verde Street between Central Wednesday
and Benson Avenues 7:00 a.m. to 2:00 p.m.
Pipeline Avenue on the east side Monday
from Howard Street south to 7:00 a.m. to 2:00 p.m.
11171 Pipeline Avenue
Poulsen Avenue between Benito Thursday
and Orchard Street 7:00 a.m. to 2:00 p.m.
Poulsen Avenue between Clair Monday
and Howard Streets 7:00 a.m. to 2:00 p.m.
Poulsen Avenue between Clair Monday
and Monte Verde Streets 7:00 a.m. to 2:00 p.m.
Poulsen Avenue between Merle Monday
and Howard Streets 7:00 a.m. to 2:00 p.m.
Poulsen Avenue between Orchard Monday
and Kingsley Streets 7:00 a.m. to 2:00 p.m.
Poulsen Avenue between Yale and Tuesday
Harvard Streets 7:00 a.m. 2:00 p.m.
Pradera Avenue west side between La Deney Wednesday
and Bonnie Brae Streets 7:00 a.m. to 2:00 p.m.
Pradera Avenue east side between La Deney Thursday
and Bonnie Brae Streets 7:00 a.m. to 2:00 p.m.
Pradera Avenue from San Bernardino Wednesday
Court north to its terminus north of 7:00 a.m. to 2:00 p.m.
Cambridge Street
Pradera Avenue between Berkeley Wednesday
and Benito Streets 7:00 a.m. to 2:00 p.m.
Pradera Avenue between Benito Wednesday
and Orchard Streets 7:00 a.m. to 2:00 p.m.
MONTCLAIR CITY COUNCIL MEETING – 08/04/2025 Page 111 of 139 Resolution No. 25–3492 Page 21 of 26
Pradera Avenue between Monday
Orchard and Fauna Streets 7:00 a.m. to 2:00 p.m.
Pradera Avenue between Monday
Flora and Evart Streets 7:00 a.m. to 2:00 p.m.
Pradera Avenue between Monday
Evart and Kingsley Streets 7:00 a.m. to 2:00 p.m.
Pradera Avenue west side from Monday
Kingsley Street south to its terminus 7:00 a.m. to 2:00 p.m.
Pradera Avenue east side from Tuesday
Kingsley Street south to its terminus 7:00 a.m. to 2:00 p.m.
Princeton Street between Wednesday
Pradera and Ramona Avenues 7:00 a.m. to 2:00 p.m.
Princeton Street between Surrey Wednesday
and Monte Vista Avenues 7:00 a.m. to 2:00 p.m.
Princeton Street between Tuesday
Exeter and Vernon Avenues 7:00 a.m. to 2:00 p.m.
Princeton Street from Bel Air Tuesday
east to its terminus 7:00 a.m. to 2:00 p.m.
Ramona Avenue on the west side No stopping any time
from Howard Street to a point
265 feet north of Merle Street
Ramona Avenue on the east side from Tuesday
Oakdale Street north to its terminus 7:00 a.m. to 2:00 p.m.
Ramona Avenue between Olive Tuesday
and Moreno Streets 7:00 a.m. to 2:00 p.m.
Ramona Avenue between Moreno Tuesday
and San Jose Streets 7:00 a.m. to 2:00 p.m.
Ramona Avenue east side between San Jose Wednesday
and Bonnie Brae Streets 7:00 a.m. to 2:00 p.m.
Ramona Avenue west side between La Deney Thursday
and Bonnie Brae Streets 7:00 a.m. to 2:00 p.m.
Ramona Avenue west side between La Deney Wednesday
and San Jose Streets 7:00 a.m. to 2:00 p.m.
Ramona Avenue between Palo Verde Wednesday
and San Bernardino Streets 7:00 a.m. to 2:00 p.m.
Ramona Avenue between San Bernardino Wednesday
and Benito Streets 7:00 a.m. 2:00 p.m.
Ramona Avenue on the east side Wednesday
between Benito and Orchard Streets 7:00 a.m. to 2:00 p.m.
Ramona Avenue between Orchard Monday
and Kingsley Streets 7:00 a.m. to 2:00 p.m.
Ramona Avenue on the west side Monday
between Kingsley Street 7:00 a.m. to 2:00 p.m.
and Holt Boulevard
Ramona Avenue on the east side Tuesday
between Kingsley Street and Holt 7:00 a.m. to 2:00 p.m.
Boulevard
Ramona Avenue between Holt No stopping any time
MONTCLAIR CITY COUNCIL MEETING – 08/04/2025 Page 112 of 139 Resolution No. 25–3492 Page 22 of 26
Boulevard and Brooks Street
Ramona Avenue between Holt and No Parking at any time
Mission Boulevards
Ramona Avenue on the west side No Parking at any time
from Mission Boulevard to a
point 295 feet south
Ramona Avenue on the west side No stopping any time
between Grand Avenue and
Howard Street
Ramona Avenue on the east side No stopping any time
between Mission and Phillips
Boulevards
Rawhide Street from Buckskin Monday
Avenue east to its terminus 7:00 a.m. to 2:00 p.m.
Rawhide Street from Stallion Monday
Avenue east to its terminus 7:00 a.m. to 2:00 p.m.
Rawhide Street from Stallion Monday
Avenue west to its terminus 7:00 a.m. to 2:00 p.m.
Richton Street between Monte Vista No stopping any time and Central Avenues
Rodeo Street between Fremont Monday
and Whitewater Avenues 7:00 a.m. to 2:00 p.m.
Rodeo Street from San Pasqual Monday
Avenue east to its terminus 7:00 a.m. to 2:00 p.m.
Rodeo Street from Shetland Avenue Monday
east to its terminus 7:00 a.m. to 2:00 p.m.
Rodeo Street from Stagecoach Monday
Avenue east to its terminus 7:00 a.m. to 2:00 p.m.
Rodeo Street from Wesley Avenue Monday
west to its terminus 7:00 a.m. to 2:00 p.m.
Rose Avenue between San Jose Tuesday
and Palo Verde Streets 7:00 a.m. to 2:00 p.m.
Rose Avenue between San Bernardino Thursday
and Benito Streets 7:00 a.m. to 2:00 p.m.
Rose Avenue between Benito and Thursday
Orchard Streets 7:00 a.m. to 2:00 p.m.
Rose Avenue between Monday
Flora and Kingsley Streets 7:00 a.m. to 2:00 p.m.
Rose Avenue between Holt Boulevard Daily
and Brooks Street 9:00 p.m. to 7:00 a.m.
Rosewood Street between San Bernardino Wednesday
Street west to its terminus 7:00 a.m. to 2:00 p.m.
Rosewood Street between Helena Wednesday
and Camulos Avenues 7:00 a.m. 2:00 p.m.
Rosewood Street between Bolton Wednesday
and Monte Vista Avenues 7:00 a.m. 2:00 p.m.
Rosewood Street between Fremont Thursday
and Monte Vista Avenues 7:00 a.m. 2:00 p.m.
MONTCLAIR CITY COUNCIL MEETING – 08/04/2025 Page 113 of 139 Resolution No. 25–3492 Page 23 of 26
Rosewood Street between Monte Vista 7:00 a.m. to 4:00 p.m. and Ramona Avenues during school sessions,
except by permit
Rosewood Street between Rose and Thursday
Vernon Avenues 7:00 a.m. to 2:00 p.m.
Rudisill Street between Mills Wednesday
and Amherst Avenues 7:00 a.m. to 2:00 p.m.
Rudisill Street from Camulos Avenue Wednesday
west to its terminus 7:00 a.m. to 2:00 p.m.
Rudisill Street from Camulos Avenue 7:00 a.m. to 2:00 p.m. west to its terminus during school sessions
except by permit
Rudisill Street between Lindero and Thursday
Geneva Avenues 7:00 a.m. to 2:00 p.m.
Rudisill Street between Rose and Thursday
Columbine Avenues 7:00 a.m. to 2:00 p.m.
Saddleback Street between Fremont Monday
and Carrillo Avenues 7:00 a.m. to 2:00 p.m.
Saddleback Street between Fremont Monday
and Whitewater Avenues 7:00 a.m. to 2:00 p.m.
Saddleback Street between Poulsen Monday
and Central Avenues 7:00 a.m. to 2:00 p.m.
Saddleback Street between Coalinga Monday
and Camarena Avenues 7:00 a.m. to 2:00 p.m.
Saddleback Street between Ramona Monday
and Carriage Avenues 7:00 a.m. to 2:00 p.m.
San Bernardino Court between Wednesday
San Bernardino Street and Mills Avenue 7:00 a.m. to 2:00 p.m.
San Bernardino Street between Wednesday
Mills and Ramona Avenues 7:00 a.m. to 2:00 p.m.
San Bernardino Street on the north side No Parking at any time from San Bernardino Court to a point
400 feet east of Mills Avenue
San Bernardino Street on the north side Wednesday
from Helena Avenue to a point 7:00 a.m. to 2:00 p.m.
300 feet west
San Bernardino Street on the north side Wednesday
between Helena and Monte Vista Avenues 7:00 a.m. to 2:00 p.m.
San Bernardino Street on the south side Wednesday
between Ramona Avenue and the 7:00 a.m. to 2:00 p.m.
San Antonio Channel
San Bernardino Street on the south side Thursday
between Helena and Monte Vista Avenues 7:00 a.m. to 2:00 p.m.
San Bernardino Street on the north side Tuesday
between Fremont and Central Avenues 7:00 a.m. to 2:00 p.m.
San Bernardino Street on the south side Thursday
between Fremont and Central Avenues 7:00 a.m. to 2:00 p.m.
San Bernardino Street between Monte Vista No parking at any time and Fremont Avenues
MONTCLAIR CITY COUNCIL MEETING – 08/04/2025 Page 114 of 139 Resolution No. 25–3492 Page 24 of 26
San Bernardino Street on the north side Tuesday
between Central and Benson Avenues 7:00 a.m. to 2:00 p.m.
San Bernardino Street on the south side Thursday
between Central and Vernon Avenues 7:00 a.m. to 2:00 p.m.
San Bernardino Street on the south No parking tow away zone side from Benson Avenue to a point Monday through Friday 845 feet west Noon to 3:00 p.m.
San Jose Street on the north side Tuesday
between Mills and Monte Vista Avenues 7:00 a.m. to 2:00 p.m.
San Jose Street on the south side Wednesday
between Mills and Monte Vista Avenues 7:00 a.m. to 2:00 p.m.
San Jose Street on the south side No parking any time
from Monte Vista Avenue to a
point 400 feet west
San Jose Street on the south side School bus loading zone from a point 465 foot east to a
point 620 feet east of the
San Antonio Channel
San Jose Street from Benson Tuesday
Avenue to its terminus 7:00 a.m. to 2:00 p.m.
west of Rose Avenue
San Pasqual Avenue from Howard Street Monday
north to its terminus 7:00 a.m. to 2:00 p.m.
San Pasqual Avenue between Howard Monday
and Clair Streets 7:00 a.m. to 2:00 p.m.
San Pasqual Avenue between Mane Monday
and Merle Streets 7:00 a.m. to 2:00 p.m.
Santa Anita Avenue from Berkeley Thursday
Street north to its terminus 7:00 a.m. to 2:00 p.m.
Santa Anita Avenue between Benito Monday
and Denver Streets 7:00 a.m. to 2:00 p.m.
Santa Anita Avenue from Orchard Street Monday
north to its terminus 7:00 a.m. to 2:00 p.m.
Santa Anita Avenue between Orchard Monday
and Kingsley Streets 7:00 a.m. to 2:00 p.m.
Saratoga Avenue between Alamitos Thursday
and Berkeley Streets 7:00 a.m. to 2:00 p.m.
Saratoga Avenue between Monday
Fauna and Kingsley Streets 7:00 a.m. to 2:00 p.m.
Shetland Avenue from Howard Street Monday
north to its terminus 7:00 a.m. to 2:00 p.m.
Shetland Avenue from Mane Street Monday
north to its terminus 7:00 a.m. to 2:00 p.m.
Shetland Avenue from Saddleback Monday
Street north to its terminus 7:00 a.m. to 2:00 p.m.
Shirley Lane from Vernon Avenue Monday
west to its terminus 7:00 a.m. to 2:00 p.m.
Stagecoach Avenue between Howard Monday
and Mane Streets 7:00 a.m. to 2:00 p.m.
MONTCLAIR CITY COUNCIL MEETING – 08/04/2025 Page 115 of 139 Resolution No. 25–3492 Page 25 of 26
Stallion Avenue between Mane Monday
and Rodeo Streets 7:00 a.m. to 2:00 p.m.
Stallion Avenue between Rawhide Monday
Street and Mission Boulevard 7:00 a.m. to 2:00 p.m.
State Street on the south side between No Stopping at any time Ramona Avenue to a point 230 feet west
State Street south side from Silicon Avenue No Parking at any time west 35 feet 7:00 a.m. to 2:00 p.m.
Surrey Avenue between Olive Tuesday
and Moreno Streets 7:00 a.m. to 2:00 p.m.
Surrey Avenue from Harvard Street Wednesday
north to its terminus 7:00 a.m. to 2:00 p.m.
Surrey Avenue between Rosewood Wednesday
and Berkeley Streets 7:00 a.m. 2:00 p.m.
Surrey Avenue between Rosewood 7:00 a.m. to 4:00 p.m.
and Berkeley Streets during school sessions,
except by permit
Surrey Avenue between Yale Wednesday
and Princeton Streets 7:00 a.m. to 2:00 p.m.
Sycamore Avenue between Olive Tuesday
and Moreno Streets 7:00 a.m. to 2:00 p.m.
Tudor Avenue from Harvard Street Wednesday
north to its terminus 7:00 a.m. to 2:00 p.m.
Tudor Avenue between Rosewood Wednesday
and Berkeley Streets 7:00 a.m. 2:00 p.m.
Tudor Avenue between Rosewood 7:00 a.m. to 4:00 p.m.
and Berkeley Streets during school sessions
except by permit
Tudor Avenue between El Morado Thursday
and Orchard Streets 7:00 a.m. to 2:00 p.m.
Tudor Avenue between Orchard Thursday
and Kingsley Streets 7:00 a.m. to 2:00 p.m.
Tudor Avenue between Bandera and Monday
Manzanita Streets 7:00 a.m. to 2:00 p.m.
Vernon Avenue from Deodar Tuesday
Street north to its terminus 7:00 a.m. to 2:00 p.m.
Vernon Avenue between San Jose Tuesday
and Palo Verde Streets 7:00 a.m. to 2:00 p.m.
Vernon Avenue between Tuesday
Palo Verde and Princeton Streets 7:00 a.m. to 2:00 p.m.
Vernon Avenue on the east side Thursday
from Benito Street north 7:00 a.m. to 2:00 p.m.
to 9775 Vernon Avenue
Vernon Avenue on the west side Thursday
between Benito and Orchard Streets 7:00 a.m. to 2:00 p.m.
Vernon Avenue on the east side Loading zone only
from a point 320 feet to 550 feet
south of San Bernardino Street
MONTCLAIR CITY COUNCIL MEETING – 08/04/2025 Page 116 of 139 Resolution No. 25–3492 Page 26 of 26
Vernon Avenue between Monday
Orchard and Kingsley Streets 7:00 a.m. to 2:00 p.m.
Vernon Avenue between Kingsley Monday
Street and Holt Boulevard 7:00 a.m. to 2:00 p.m.
Vernon Avenue between Holt Boulevard Daily
and Brooks Street 9:00 p.m. to 7:00 a.m.
Wesley Avenue between Rodeo Monday
and Howard Streets 7:00 a.m. to 2:00 p.m.
Whitewater Avenue from Grand Monday
Avenue north to its terminus 7:00 a.m. to 2:00 p.m.
Whitewater Avenue from Rodeo Monday
Street north to its terminus 7:00 a.m. to 2:00 p.m.
Whitewater Avenue between Monday
Saddleback and Clair Streets 7:00 a.m. to 2:00 p.m.
Yale Street from Surrey Avenue Wednesday
east to its terminus 7:00 a.m. to 2:00 p.m.
Yale Street between Carrillo and Tuesday
Poulsen Avenues 7:00 a.m. 2:00 p.m.
Yale Street from Del Mar Avenue Tuesday
to its terminus west of Vernon 7:00 a.m. to 2:00 p.m.
Avenue
APPROVED AND ADOPTED this X 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. 25–3492 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 X day of XX, 20XX, and that it was adopted by the following vote, to–wit:
AYES: XX
NOES: XX
ABSTAIN: XX
ABSENT: XX
Andrea M. Myrick
City Clerk
MONTCLAIR CITY COUNCIL MEETING – 08/04/2025 Page 117 of 139
CITY COUNCIL
AGENDA REPORT
DATE: AUGUST 4, 2025
SECTION: CONSENT - RESOLUTIONS
ITEM NO.: 2
FILE I.D.: TRN510
DEPT.: PUBLIC WORKS
PREPARER: M. HEREDIA
SUBJECT: CONSIDER ADOPTION OF RESOLUTION NO. 25–3493 ADOPTING THE MEASURE I FIVE–YEAR CAPITAL PROJECT NEEDS ANALYSIS FOR FISCAL YEARS 2026–27 THROUGH 2030–31
CONSIDER ADOPTION OF RESOLUTION NO. 25–3494 ADOPTING THE MEASURE I FIVE–YEAR LOCAL STREET CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEARS 2025–26 THROUGH 2029–30
REASON FOR CONSIDERATION: The San Bernardino County Transportation Authority (SBCTA) requires each local jurisdiction to annually update its Five–Year Capital Project Needs Analysis (CPNA) and Local Street Capital Improvement Program (CIP).
Copies of proposed Resolution Nos. 25–3493 and 25–3494 adopting the Measure I five– year CPNA and CIP, respectively, are attached for City Council review and consideration.
BACKGROUND: Measure I, the 2010–2040 countywide transportation sales tax program, requires that each local jurisdiction applying for funds from the Valley Major Street and Valley Freeway Interchange Programs annually adopt and update Five–Year CPNAs and CIPs.
The CPNA differs from the CIP in that the CPNA contains only projects that are included in SBCTA's Nexus Study Program. Projects in the CPNA typically include freeway interchange projects, arterial widening projects, and grade separation projects. Project funding also includes contributions from developers through the regional Development Impact Fee Program. The CPNA projects in the City of Montclair that make use of the Valley Major Street and Freeway Interchange Program funds include the reconstruction of the Monte Vista Avenue/I–10 Freeway Interchange Project and the Monte Vista/Union Pacific Grade Separation Project. The CIP list identifies the projects that will be funded by the local pass–through program.
FISCAL IMPACT: There is no immediate fiscal impact to the City with the adoption of Resolution Nos. 25–3493 and 25–3494. The CPNA, as its name implies, is a needs analysis allowing SBCTA to prioritize transportation improvement needs throughout the County. Having projects listed in the CPNA is not a guarantee that funds would be made available when needed, but failure to have a project listed would further delay funding until the project is listed. Measure I Local Pass–Through Program funds are received monthly and fund the projects listed on the Local Street Program. The City has been successful expediting construction of major infrastructure and utilized the available loan program from SBCTA to accelerate construction of improvements needed along Monte Vista Avenue. Future revenues from the SBCTA program will be used to pay the loan.
RECOMMENDATION: Staff recommends that the City Council take the following actions:
1. Adopt Resolution No. 25–3493 adopting the Measure I Five–Year Capital Project Needs Analysis for Fiscal Years 2026–27 through 2030–31; and
2. Adopt Resolution No. 25–3494 adopting the Measure I Five–Year Local Street Capital Improvement Program for Fiscal Years 2025–26 through 2029–30.
MONTCLAIR CITY COUNCIL MEETING – 08/04/2025 Page 118 of 139 Resolution No. 25–3493 Page 1 of 2
RESOLUTION NO. 25–3493
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MONTCLAIR ADOPTING THE MEASURE I FIVE–YEAR CAPITAL
PROJECTS NEEDS ANALYSIS FOR FISCAL YEARS 2026/2027
THROUGH 2030/2031
WHEREAS, San Bernardino County voters approved passage of Measure I in November 2004, authorizing the San Bernardino County Transportation Authority to impose a one–half of one percent retail transactions and use tax applicable in the incorporated and unincorporated territory of the County of San Bernardino; and WHEREAS, revenue from the tax can only be used for transportation improvement and traffic management programs authorized in the Expenditure Plans set forth in Ordinance No. 04–1 of the Authority; and
WHEREAS, the Strategic Plan requires each local jurisdiction applying for revenue from certain Measure I Programs to annually adopt and update a Five–Year Capital Project Needs Analysis; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Montclair hereby adopts the Measure I Five–Year Capital Project Needs Analysis for Fiscal Years 2026/2027 through 2030/2031, a copy of which is attached to this Resolution.
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. 25–3493 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: XX
NOES: XX
ABSTAIN: XX
ABSENT: XX
Andrea M. Myrick
City Clerk
MONTCLAIR CITY COUNCIL MEETING – 08/04/2025 Page 119 of 139 Resolution No. 25–3493 Page 2 of 2
MONTCLAIR CITY COUNCIL MEETING – 08/04/2025 Page 120 of 139 Resolution No. 25–3494 Page 1 of 3
RESOLUTION NO. 25–3494
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MONTCLAIR ADOPTING THE MEASURE I FIVE–YEAR CAPITAL
IMPROVEMENT PROGRAM AND EXPENDITURE STRATEGY
FOR FISCAL YEAR 2025–26 TO FISCAL YEAR 2029–30
WHEREAS, San Bernardino County voters approved passage of Measure I in November 2004, authorizing the San Bernardino County Transportation Authority (SBCTA) to impose a one–half of one percent retail transactions and use tax applicable in the incorporated and unincorporated territory of the County of San Bernardino; and WHEREAS, revenue from the tax can only be used for transportation improvement and traffic management programs authorized in the Expenditure Plans set forth in Ordinance 04–01 of the Authority, and
WHEREAS, the SBCTA’s Measure I Strategic Plan requires each local jurisdiction applying for revenue from the Local Streets Program to annually adopt and update a Five–Year Capital Improvement Plan; and
WHEREAS, California Public Utilities Code 190300 and Ordinance No. 04–1 require each local jurisdiction to maintain General Fund expenditures for transportation– related construction and maintenance activities at the required Maintenance of Effort base year level in each fiscal year of the adopted Five–Year Capital Improvement Plan, which for the City of Montclair is $894,728.
NOW THEREFORE BE IT RESOLVED that the City Council of the City of Montclair hereby adopts the Measure I Five–Year Capital Improvement Program and Expenditure Strategy for Fiscal Year 2025–26 to Fiscal Year 2029–30 attached to this resolution.
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. 25–3494 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: XX
NOES: XX
ABSTAIN: XX
ABSENT: XX
Andrea M. Myrick
City Clerk
MONTCLAIR CITY COUNCIL MEETING – 08/04/2025 Page 121 of 139 Resolution No. 25–3494 Page 2 of 3
CITY OF MONTCLAIR
MEASURE I CAPITAL IMPROVEMENT PLAN
EXPENDITURE STRATEGY
Fiscal Year 2025/2026 to Fiscal Year 2029/2030
The City of Montclair plans on using Measure I as matching funds for federal funds associated with the design and construction of the Central Avenue Bridge at the Union Pacific Railroad tracks. The funds will also be utilized to service the I–10/Monte Vista Interchange Term Loan Agreements in place. The City also intends to expend Measure I funds on maintenance of City streets to the extent permissible under SBCTA policies.
MONTCLAIR CITY COUNCIL MEETING – 08/04/2025 Page 122 of 139 Resolution No. 25–3494 Page 3 of 3
MONTCLAIR CITY COUNCIL MEETING – 08/04/2025 Page 123 of 139 Public Works Committee Meeting Minutes – March 20, 2025 Page 1 of 5
MINUTES OF THE REGULAR MEETING OF THE PUBLIC WORKS
COMMITTEE HELD ON THURSDAY, MARCH 20, 2025, AT 4 P.M. IN THE THEATER CONFERENCE ROOM, 9955 FREMONT AVENUE,
MONTCLAIR, CALIFORNIA
I. CALL TO ORDER
Chair Dutrey called the meeting to order at 4:01 p.m.
II. ROLL CALL
Present: Chair Dutrey; Vice Chair Martinez; Director of Public Works/City Engineer Heredia; City Manager Starr; Executive Director of Engineering/Major Projects Manager Hoerning; Director of Economic Development Agency Fuentes; Associate Engineer Stevenson; Senior Planner Gutierrez
Absent: Chief of Police Reed; Director of Community Development Diaz III. APPROVAL OF MINUTES
The Committee approved the minutes for the meeting held on November 21, 2024.
IV. PUBLIC COMMENT — None
V. PUBLIC WORKS DEPARTMENT UPDATES/ITEMS
A. OPERATIONS
1. MAINTENANCE ACTIVITIES
An Operations Activity Report for the months of November, December, January, and February was included with the agenda. There were no issues with the reports.
Director of Public Works/City Engineer Heredia gave a detailed update about various service requests the Operations Division completed. She answered Chair Dutrey’s questions about the City’s flashing stop signs then gave a brief overview about pothole repair and cleaning of the catch basins after a series of heavy rainstorms. She mentioned that Burrtec Waste Inc. is offering free mulch to residents and Director of Economic Development Agency Fuentes asked questions about areas of distribution.
Engineer Stevenson answered that he would be in contact with the Burrtec Regional Manager to learn more details.
2. ADDITIONAL ITEMS — None
B. FACILITIES
1. MAINTENANCE ACTIVITIES
A Facilities Activity Report for the months of November, December, January, and February was included with the agenda. There were no questions or issues with the report.
Director of Public Works/City Engineer Heredia gave a detailed update about various service requests, compliance trainings, and maintenance completed by the Facilities Division. She reported that the concrete pad for MONTCLAIR CITY COUNCIL MEETING – 08/04/2025 Page 124 of 139 Public Works Committee Meeting Minutes – March 20, 2025 Page 2 of 5 the new emergency generator was poured and required a 30-day curing period.
2. ADDITIONAL ITEMS — None
C. ENGINEERING DIVISION
1. Santa Ana Regional Water Quality Control Board – Sewer Audit Director of Public Works/City Engineer Heredia reports that the Santa Ana Regional Board performed an inspection of the City’s sewer management system and sent a letter via email on December 19, 2024 declaring eight violations. Director of Public Works/City Engineer Heredia went over some of the items and gave a detailed response to address the areas of concern.
2. Sewer System Management Plan (SSMP) Training (3/25/25) Director of Public Works/City Engineer Heredia announced that there is a department wide training next week.
3. Fire Station 151 – Fence & Gate Improvements
Director of Public Works/City Engineer Heredia reported that the work is still in progress and the gates will be installed soon.
4. Moreno Street – Bridge Rail Repair
Director of Public Works/City Engineer Heredia reported that the City has had difficulty finding a contractor to complete the repair, which requires special licensing due to the nature of the bridge’s location over the San Antonio Creek Channel. Staff prepared a bid package and advertised on PlanetBids. The City received only one bid which was high. After multiple attempts to find a contractor, the department is seeking recommendations from partners at Caltrans. Staff has considered other options such as altering the design of the bridge.
VI. POLICE DEPARTMENT UPDATE/ITEMS
None.
VII. COMMUNITY DEVELOPMENT DEPARTMENT PROJECT UPDATES/ITEMS Senior Planner Gutierrez spoke on behalf of Director of Community Development Diaz. Senior Planner Gutierrez gave a progress update on the Costco Expansion Relocation Project and announced the Planning Commission approved it.
City Manager Starr gave an update on Code Enforcement’s efforts to seal the subterranean areas underneath the bridges overlooking the San Antonio Creek Channel at the Mission Boulevard and Pacific Electric Trail crossings with layers of concrete and metal wiring. He also reported that the City has received a $245K grant that will go towards funding the materials used to secure those areas and complete other improvements around these two sites.
VIII. CAPITAL PROJECT UPDATES
A. LOCAL PROJECTS
1. Reeder Ranch Park
MONTCLAIR CITY COUNCIL MEETING – 08/04/2025 Page 125 of 139 Public Works Committee Meeting Minutes – March 20, 2025 Page 3 of 5 Associate Engineer Stevenson reports that the contractor on the project is currently working on punch list items and states that there is only a few minor task for them to complete with landscaping. The City is still coordinating with the utility companies to supply power and water to the site.
2. Sunset Park Beautification
Executive Director of Engineering/Major Projects Manager Hoerning gave a report on the status of the landscaping installation and punch list items. The contractor will be maintaining the park until July per the terms of the contract with the City and the target grand opening date is set for Wednesday, May 6. The park will remain closed until the ceremony to give the landscaping time to settle.
3. Alleyway Improvements
Associate Engineer Stevenson reports that the project is almost complete and there is only one entrance left that needs concrete work. The contractor will do a final walkthrough of all alleyways and make minor adjustments to meet the standards of the City.
4. Civic Center Generator
Director of Public Works/City Engineer Heredia gave an update on the status of the emergency generator installation.
5. Library Remodel
Associate Engineer Stevenson reports that the City is coordinating with the San Bernardino County, who intends to do their own renovation work at the same time the City will be making upgrades. The City will be reworking the restrooms, installing a new office, and refurbishing the walls and ceiling.
The County will be replacing all of the carpeting on the main floor. Director of Public Works/City Engineer Heredia elaborated the details of the City’s design concept. Director of Economic Development Agency Fuentes updated the committee about grant funding opportunities from the state.
6. Silicon Avenue & 3rd Street
Associate Engineer Stevenson announced that the plans are still under design and that written permission was needed from residents to gain access to private property for the surveyor. The consultant is still going through the survey data.
7. Arrow Highway & Fremont Avenue
Executive Director of Engineering/Major Projects Manager Hoerning gave an update on the status of the project. The City will be coordinating with the developer for traffic signal timing at the new intersection leading into the site. The contractor reached out to the City to report that signal and electrical conduits were discovered underground in the Metrolink right-ofway that is sitting at an elevation that conflicts with the access opening between the station and the development. A Gold Line representative is assisting the City to coordinate a solution. Chair Dutrey offered to assist if necessary.
MONTCLAIR CITY COUNCIL MEETING – 08/04/2025 Page 126 of 139 Public Works Committee Meeting Minutes – March 20, 2025 Page 4 of 5
8. Fire Station 151 & 152 Remodel
Director of Public Works/City Engineer Heredia explained that there was a question about the need to install an elevator at Fire Station 151, but they ultimately determined that it was not necessary at this time but may be considered in a future project. The architect for the Library Remodel project will also be working on this project therefore construction will not start until the library is complete and the design for the fire stations are finalized and permits are obtained.
B. REGIONAL PROJECTS
1. I–10 Freeway Construction
Director of Public Works/City Engineer Heredia reports that the City is still in discussion with Caltrans for landscaping and signage around the ramps along the I-10 freeway on Central Avenue and Monte Vista Avenue. The City anticipates working on a punch list with San Bernardino County Transportation Authority (SBCTA) soon.
2. West Valley Connector Project
Director of Public Works/City Engineer Heredia reports that the contractor is still working on connecting utilities to the site and will be starting the foundation for the shelters after that is complete.
IX. COMMITTEE AND CITY MANAGER ITEMS
A. Gold Line Extension to Montclair
City Manager Starr reported that the Gold Line Construction Authority received bids on February 26 and are currently reviewing them. They received $798M in relation to the construction of the project to extend the line from Pomona to Claremont. City Manager Starr doesn’t expect to hear results until April 10 to determine if Montclair is to receive funds. The SBCTA has $80M on hold to extend the project from Claremont to Montclair, which may require additional funds. However, President Trump recently announced a 25% tariff on all aluminum and steel products that will likely increase the material cost of the project, potentially exceeding the current funding available. The Gold Line Construction Authority is concerned about the risk impact to the project and they are evaluating the situation.
City Manager Starr stated that there may be hope for the Claremont to Montclair extension if a California State bond measure designed to generate $20B in funds for transit and transportation projects passes in November 2026.
B. Navigation Center
City Manager Starr reports that the concept is still in development and he is reviewing the draft agreement for fairness and clarity.
C. Additional Items
City Manager Starr announced that the San Bernardino Council of Governments (SBCOG) has started a housing trust fund that Director of Economic Development Agency Fuentes has agreed to have his name entered for MONTCLAIR CITY COUNCIL MEETING – 08/04/2025 Page 127 of 139 Public Works Committee Meeting Minutes – March 20, 2025 Page 5 of 5 consideration as a representative. Chair Dutrey mentioned that he is on the ad hoc committee for the trust fund at the Board level.
X. ADJOURNMENT
At 5:01 p.m., Vice Chair Martinez adjourned the meeting of the Public Works Committee.
The next meeting of the Public Works Committee is scheduled to be held at 4:00 p.m. on Thursday, April 17, 2025.
Submitted for Public Works Committee
approval,
Uhura Mckenzie
Transcribing Secretary
MONTCLAIR CITY COUNCIL MEETING – 08/04/2025 Page 128 of 139 Personnel Committee Minutes – July 21, 2025 Page 1 of 1
MINUTES OF THE MEETING OF THE MONTCLAIR
PERSONNEL COMMITTEE HELD ON MONDAY,
JULY 21, 2025, AT 6:22 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 6:22 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 June 16, 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 June 16, 2025.
IV. PUBLIC COMMENT – None
V. CLOSED SESSION
At 6:23 p.m., the Personnel Committee went into Closed Session regarding personnel matters related to appointments, resignations/ terminations, and evaluations of employee performance.
At 6:47 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 6:47 p.m., Mayor Pro Tem Martinez adjourned the Personnel Committee.
Submitted for Personnel Committee approval,
Edward C. Starr
City Manager
MONTCLAIR CITY COUNCIL MEETING – 08/04/2025 Page 129 of 139
PENDING
APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – July 21, 2025 Page 1 of 10
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, JULY 21, 2025, AT 7:01 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 7:01 p.m.
II. INVOCATION
Montclair Fire Department Chaplain Jimmy Crowell, gave the invocation.
III. PLEDGE OF ALLEGIANCE
Mayor Pro Tem/Vice Chair Martinez led meeting participants in the Pledge.
IV. ROLL CALL
Present: Mayor/Chair Dutrey, Mayor Pro Tem/Vice Chair Martinez; Council Members/Directors Ruh 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; Fire Chief Dierck; City Attorney Robbins; City Clerk Myrick
Absent Council Member/Director Lopez
V. PRESENTATIONS
A. Recognition of Montclair Police Officers for a Life–Saving Incident Police Chief Reed provided details of an incident that took place on April 9, 2025, during which Officers James, Magana, and Hidalgo acted quickly to prevent a man from bleeding to death until the paramedics arrived.
Mayor Dutrey and the City Council presented Officers James, Magana, and Hidalgo with Certificates of Recognition for their life–saving efforts.
B. Recognition of Departing Montclair High School (MHS) Principal Cho Upon his Promotion to Executive Director of Assessment and Research for the Chaffey Joint Union High School District Mayor Dutrey and the City Council recognized former MHS Principal Joshua Cho on his promotion and expressed gratitude for his service to the students and leadership of the school.
C. Community Activities Commission Presentation of 2025 Home Beautification Awards
CAC Vice Chair Rangel led a visual presentation of the winning homes of the 2024 Home Beautification Contest.
Mayor Dutrey presented awards to the following families:
Traditional Home of the Year
10000 Vernon Avenue — Fidel and Micaela Gallegos
Drought Tolerant Home of the Year
9154 Ramona Avenue — William and Adrieanna Naranjo
MONTCLAIR CITY COUNCIL MEETING – 08/04/2025 Page 130 of 139
PENDING
APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – July 21, 2025 Page 2 of 10 VI. PUBLIC COMMENT
Rosario Orozco, resident, expressed concerns about her neighbor’s use of marijuana impacting the air quality both outside and inside her home.
Bill Kaufman informed the City Council of his sustained interest in establishing a cannabis dispensary in the City, noting he currently leases a location on Central Avenue where he would like to operate it.
VII. PUBLIC HEARINGS
A. Second Reading — Consider Adoption of Ordinance No. 25–1012 Authorizing the Levy of a Special Tax for Community Facilities District No. 2025–2 (Alexan Kendry Expansion)
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.
ACTION – PUBLIC HEARING – Item A
ACTING: City Council
MOTION: Adopt Ordinance No. 25–1012.
MADE BY:
SECOND BY:
Mayor/Chair Dutrey
Mayor Pro Tem/Vice Chair Martinez
AYES:
NOES:
ABSTAIN:
ABSENT:
Mendez, Martinez, Dutrey
Ruh
None
Lopez
RESULT: Motion carried 3–1–1(Ruh opposed; Lopez 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
DISCUSSION: C–8; C–10, and C–11
MOTION: Approve the Consent Calendar as presented.
MADE BY:
SECOND BY:
Council Member/Director Ruh
Council Member/Director Mendez
AYES:
NOES:
ABSTAIN:
ABSENT:
Mendez, Ruh, Martinez, Dutrey
None
None
Lopez
RESULT: Motion carried 4–0–1 (Lopez absent).
A. Approval of Minutes
1. Regular Joint Meeting — June 16, 2025
ACTION – Consent Calendar – Item A–1
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 4–0–1 (Lopez absent).
MONTCLAIR CITY COUNCIL MEETING – 08/04/2025 Page 131 of 139
PENDING
APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – July 21, 2025 Page 3 of 10
2. Special Joint Meeting — June 26, 2025
ACTION – Consent Calendar – Item A–2
ACTING: City Council
Montclair Housing Corporation Board
RESULT: Approved on Consent Calendar; motion carried 4–0–1 (Lopez absent).
B. Administrative Reports
1. Consider Receiving and Filing City Treasurer’s Report – June 2025
ACTION – Consent Calendar – Item B–1
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 4–0–1 (Lopez 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 (Lopez absent).
3. Consider Receiving and Filing SA Treasurer’s Report – June 2025
ACTION – Consent Calendar – Item B–3
ACTING: Successor Agency Board
RESULT: Approved on Consent Calendar; motion carried 4–0–1 (Lopez absent).
4. Consider Approval of SA Warrant Register – June 2025 ACTION – Consent Calendar – Item B–4
ACTING: Successor Agency Board
RESULT: Approved on Consent Calendar; motion carried 4–0–1 (Lopez absent).
5. Consider Receiving and Filing MHC Treasurer’s Report – June 2025
ACTION – Consent Calendar – Item B–5
ACTING: Montclair Housing Corporation Board
RESULT: Approved on Consent Calendar; motion carried 4–0–1 (Lopez absent).
MONTCLAIR CITY COUNCIL MEETING – 08/04/2025 Page 132 of 139
PENDING
APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – July 21, 2025 Page 4 of 10
6. Consider Approval of MHC Warrant Register – June 2025 ACTION – Consent Calendar – Item B–6
ACTING: Montclair Housing Corporation Board
RESULT: Approved on Consent Calendar; motion carried 4–0–1 (Lopez absent).
7. Consider Receiving and Filing of MHA Treasurer’s Report – June 2025
ACTION – Consent Calendar – Item B–7
ACTING: Montclair Housing Authority Commissioners
RESULT: Approved on Consent Calendar; motion carried 4–0–1 (Lopez absent).
8. Consider Approval of MHA Warrant Register – June 2025 ACTION – Consent Calendar – Item B–8
ACTING: Montclair Housing Authority Commissioners
RESULT: Approved on Consent Calendar; motion carried 4–0–1 (Lopez Absent).
9. Consider Approval of the Filing of a Notice of Completion for the Alleyway Improvements Project with the San
Bernardino County Recorder’s Office
Consider Authorizing Release of Retention 30 Days after Recordation of Notice of Completion, Reduction of Faithful Performance Bond to 10 Percent, and Release of Payment
Bond After Six Months
ACTION – Consent Calendar – Item B–9
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 4–0–1 (Lopez absent).
10. Consider Acceptance of Grant Deed No. 2025–1692, an Easement for Construction, Maintenance, and Use of
Sidewalks, and Appurtenances Located on State Street (APN 1011–301–31)
Consider Authorizing Staff to Record Grant Deed No. 2025– 1692 with the Office of the San Bernardino County Recorder ACTION – Consent Calendar – Item B–10
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 4–0–1 (Lopez absent).
11. Consider Approval of the Payment for a One–Year
Subscription Renewal of Zengine Application Software
through Wizehive, Inc. for the Montclair to College Program ACTION – Consent Calendar – Item B–11
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 4–0–1 (Lopez absent).
MONTCLAIR CITY COUNCIL MEETING – 08/04/2025 Page 133 of 139
PENDING
APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – July 21, 2025 Page 5 of 10 C. Agreements
1. Consider Approval of Agreement No. 25–38–I–115, an
Irrevocable Annexation Agreement with Vanpen Yoswattana for 4799 Howard Street, Montclair, CA 91763 (APN. 1012– 331–11–0000), Subject to Any Revisions Deemed Necessary by the City Attorney (Case No. 2025–27)
ACTION – Consent Calendar – Item C–1
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 4–0–1 (Lopez absent).
2. Consider Approval of Agreement No. 25–39 with Liebert Cassidy Whitmore for Participation in the East Inland Empire Employment Relations Consortium and Premium Liebert
Library Subscription, Subject to Any Revisions Deemed
Necessary by the City Attorney
ACTION – Consent Calendar – Item C–2
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 4–0–1 (Lopez absent).
3. Consider Approval of Agreement No. 25–40 with the
Montclair Chamber of Commerce to Provide Services to
Promote Local Economic Development, Subject to any
Revisions Deemed Necessary by the City Attorney
ACTION – Consent Calendar – Item C–3
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 4–0–1 (Lopez absent).
4. Consider Approval of Agreement No. 25–41 with Civic
Publications, Inc., for Public Education and Community
Outreach Services, Subject to any Revisions Deemed
Necessary by the City Attorney
ACTION – Consent Calendar – Item C–4
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 4–0–1 (Lopez absent).
5. Consider Approval of Agreement No. 25–42 with University Enterprises Corporation at California State University San Bernardino to Provide Technical Assistance and Outreach Services to Small Businesses, Subject to Any Revisions
Deemed Necessary by the City Attorney
ACTION – Consent Calendar – Item C–5
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 4–0–1 (Lopez absent).
MONTCLAIR CITY COUNCIL MEETING – 08/04/2025 Page 134 of 139
PENDING
APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – July 21, 2025 Page 6 of 10
6. Consider Approval of Agreement No. 25–43 with Misha L.
Penn to Provide Grant Management and Fiscal Compliance
Services for the Human Services Department
ACTION – Consent Calendar – Item C–6
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 4–0–1 (Lopez absent).
7. Consider Approval of Agreement No. 25–44 with Ontario– Montclair School District to Provide Case Management
Services
ACTION – Consent Calendar – Item C–7
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 4–0–1 (Lopez absent).
8. Consider Approval of Agreement No. 25–45 with the San Bernardino County Sheriff’s Department for Pre–Employment Polygraph Services
Consider Authorizing Police Chief Jason Reed to Sign Said Agreement
Council Member Mendez questioned the number of polygraphs examinations being performed, considering the rate of $219 per examination or the most current rate established by the county, that’s stated on the fiscal impact.
Assistant City Manager/Director of Human Services Ritcher, noted that this contract is a backup contract from our current polygraph vendor and is infrequently utilized.
ACTION – Consent Calendar – Item C–8
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 4–0–1 (Lopez absent).
9. Consider Approval of Agreement No. 25–46, a Memorandum of Understanding with the San Bernardino County
Transportation Authority for Regional Early Action Planning (REAP) Grant Funding for the Fremont Avenue Street
Improvement Project, Subject to Any Revisions Deemed
Necessary by the City Attorney
Consider Authorizing City Manager Edward C. Starr to Sign Said Agreement
ACTION – Consent Calendar – Item C–9
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 4–0–1 (Lopez absent).
10. Consider Approval of Agreement No. 25–47 with RTI
International for Use of the Montclair Transportation Center Kids Station Parking Lot to Host the National Health and Nutrition Examination Survey
Consider Authorizing the City Manager Edward C. Starr to Sign Said Agreement and Other Program–Related Documents
MONTCLAIR CITY COUNCIL MEETING – 08/04/2025 Page 135 of 139
PENDING
APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – July 21, 2025 Page 7 of 10 Council Member Mendez asked if RTI’s use of the Kids Station parking lot would impact Set Free Ministry’s operation of the facility for homeless assistance services.
Assistant City Manager/Director of Human Services Richter confirmed Set Free Ministry is aware of the research being conducted and agreed to share the parking lot with RTI.
ACTION – Consent Calendar – Item C–10
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 4–0–1 (Lopez absent).
11. Consider Approval of Agreement No. 25–48 with the U.S.
Department of Justice, Drug Enforcement Administration to Assign One Montclair Officer to the High–Intensity Drug Trafficking Area Task Force
Consider Authorizing Police Chief Jason Reed to Sign Said Agreement
Council Member Ruh asked if reimbursements are processed by the Department of Justice noting recent federal funding freezes.
Police Chief Reed advised the reimbursements come from asset seizure and DOJ does not anticipate cuts to this program.
ACTION – Consent Calendar – Item C–11
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 4–0–1 (Lopez absent).
12. Consider Approval of Agreement No. 25–49, Amendment No. 2 to Agreement No. 15–63 with the City of Chino for Design and Construction of the Central Avenue at SR–60
Interchange Improvements Project, Subject to Any Revisions Deemed Necessary by the City Attorney
Consider Authorizing an additional $2,433 Appropriation from Measure I Funds for a Total Amount of $101,532 for the City’s Share Contribution for the Project
Consider Authorizing City Manager Edward C. Starr to Sign Said Agreement and Related Documents
ACTION – Consent Calendar – Item C–12
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 4–0–1 (Lopez absent).
D. Resolutions
1. Consider Adoption of Resolution No. 25–3489 Authorizing the Submission of an Grant Application for Land and Water Conservation Fund Assistance to the State of California Natural Resources Agency and Authorizing the Execution of Application–Related Documents by the City Manager or His Designee
ACTION – Consent Calendar – Item D–1
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 4–0–1 (Lopez absent).
MONTCLAIR CITY COUNCIL MEETING – 08/04/2025 Page 136 of 139
PENDING
APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – July 21, 2025 Page 8 of 10
2. Consider Adoption of Resolution No. 25–3490 Authorizing Placement of Liens on Certain Properties for Delinquent Sewer and Trash Charges
ACTION – Consent Calendar – Item D–2
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 4–0–1 (Lopez absent).
3. Consider Adoption of Resolution No. 25–3491 Authorizing Placement of Assessments on Certain Properties for
Delinquent Sewer and Trash Accounts
ACTION – Consent Calendar – Item D–3
ACTING: City Council
RESULT: Approved on Consent Calendar; motion carried 4–0–1 (Lopez absent).
IX. PULLED CONSENT CALENDAR ITEMS — None
X. COMMUNICATIONS
A. Department Reports
1. Human Services – Summer Activities & Events
Assistant City Manager/Director of Human Services Richter announced the final series of concerts and movies in the park and the Annual National Night Out Event hosted by the
Montclair Police Department on August 5th at 6:30 p.m. at Alma Hofman Park where there will be public safety exhibits and an opportunity to meet local emergency personnel, and a showing of the movie Sonic the Hedgehog 3 at 7:45 p.m.
B. City Attorney
City Attorney Robbins requested the City Council meet in closed session concerning the following matters:
1. Request for City Council to Meet in Closed Session Pursuant to Government Code §54956.8 Regarding Real Property
Negotiations
Property: APN: 1007–671–13–0000
Negotiating Parties: City of Montclair, The Pep Boys Manny Moe and Jack
City Negotiators: Edward C. Starr, City Manager
Under Negotiation: Recommendations Regarding Purchase Price Property: APN 1009–321–39–0000
Negotiating Parties: City of Montclair, Brad Allen LeCount and Dana AI LeCount
City Negotiator: Edward C. Starr, City Manager
Under Negotiation: Recommendations Regarding Purchase Price Property: APN 1009–241–40–0000
Negotiating Parties: City of Montclair, Jamindar Management L.P.
City Negotiator: Edward C. Starr, City Manager
Under Negotiation: Recommendations Regarding Purchase Price Property: APN 1009–241–41–0000
Negotiating Parties: City of Montclair, Bruce C. Santana and Marilyn C. Santana.
City Negotiator: Edward C. Starr, City Manager
Under Negotiation: Recommendations Regarding Purchase Price Property: APN 1009–241–42–0000
Negotiating Parties: City of Montclair, Victor & Ana Salcedo Revocable Living Trust
City Negotiator: Edward C. Starr, City Manager
Under Negotiation: Recommendations Regarding Purchase Price MONTCLAIR CITY COUNCIL MEETING – 08/04/2025 Page 137 of 139
PENDING
APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – July 21, 2025 Page 9 of 10 Property: APN 1009–241–46–0000
Negotiating Parties: City of Montclair, Angel L. Gonzalez and Marie N. Gonzalez
City Negotiator: Edward C. Starr, City Manager
Under Negotiation: Recommendations Regarding Purchase Price Property: APN 1009–321–60–0000
Negotiating Parties: City of Montclair, Judith Carlos Stevens, Trustee of The Judith C. Stevens Separate Property Trust
City Negotiator: Edward C. Starr, City Manager
Under Negotiation: Recommendations Regarding Purchase Price Property: APN 1009–321–39–0000
Negotiating Parties: City of Montclair, Juan Ramon De La Torre City Negotiator: Edward C. Starr, City Manager
Under Negotiation: Recommendations Regarding Purchase Price Property: APN 1009–331–55–0000
Negotiating Parties: City of Montclair, Eduardo Ruelas and Trinidad City Negotiator: Edward C. Starr, City Manager
Under Negotiation: Recommendations Regarding Purchase Price Property: APN 1009–521–55–00000
Negotiating Parties: City of Montclair, Montclair Family Housing Partners L.P.
City Negotiator: Edward C. Starr, City Manager
Under Negotiation: Recommendations Regarding Purchase Price Property: APN 1009–172–14–00000
Negotiating Parties: City of Montclair, Town and Country Christian Church of San Bernardino
City Negotiator: Edward C. Starr, City Manager
Under Negotiation: Recommendations Regarding Purchase Price
2. Request for City Council to Meet in Closed Session Pursuant to Government Code §54956.9(d)(1) Regarding Pending
Litigation
Fuentes/Garcia v. Lopez, City of Montclair
C. City Manager/Executive Director — None
D. Mayor/Chair
Mayor/Chair Dutrey acknowledged holidays, observances, and heritages honored in July; commended public safety staff for their dedication and enforcement efforts during the Fourth of July holiday weekend; notified the City Council that the draft City Council Policy and Procedures Manual will be scheduled for review at the next City Council meeting; congratulated Community Activities Commissioner Diane Wells on being honored as Woman of the Year by Assembly Member Michelle Rodriguez; and provided an update on
discussions by the Board of the Animal Resource Center of the Inland Empire of its goal to be designated as a no–kill shelter and establish a euthanasia rate of ten percent or lower.
E. Council Members/Directors
1. Council Member/Director Ruh reported his participation in the official ribbon–cutting ceremonies for the Gold Line stations in the Cities of Pomona and La Verne; informed the community that the Health Service Alliance Community Clinic will be hosting a mobile medical unit offering basic examinations on July 26th at the Christian Development Center; expressed his sympathies regarding the recent passing of Bob Bush, former publisher of the Inland Valley Daily Bulletin, at the age of 98; commended the CAC for its home beautification initiative; highlighted Congresswoman Grace F. Napolitano's donation of her
collections to the Congressional Archives at the University of La Verne; and recognized Assembly Member Rodriguez for
securing $300 million in the state budget to support a program for first–time homebuyers.
MONTCLAIR CITY COUNCIL MEETING – 08/04/2025 Page 138 of 139
PENDING
APPROVAL
Joint City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority Commission/ Montclair Community Foundation Board Meeting Minutes – July 21, 2025 Page 10 of 10
2. Council Member/Director Mendez expressed his appreciation to Montclair’s public safety staff for their dedication, commending them for firework enforcement efforts, and noted his attendance at Assembly Member Rodriguez’s Inaugural Summer BBQ,
where Mayor Dutrey’s wife, Anne Dutrey was honored as Veteran of the Year.
Council Member Mendez requested to hold a discussion at the next meeting about revising the agenda packet distribution to an earlier day.
ACTION – COMMUNICATION – Discuss Agenda Packs
ACTING: City Council
MOTION: Agendize discussion regarding the schedule of
agenda packet publication and distribution at the
August 4, 2025 City Council meeting.
MADE BY:
SECOND BY:
Council Member Mendez
Council Member Ruh
AYES:
NOES:
ABSTAIN:
ABSENT:
Mendez, Ruh, Martinez, Dutrey
None
None
Lopez
RESULT: Motion carried 4–0–1 (Lopez absent).
F. Committee Meeting Minutes
The following committee minutes were received and filed for informational purposes:
1. Personnel Committee — June 16, 2025
XII. CLOSED SESSION
At 7:55 p.m., the City Council went into closed session to discuss real property negotiations and pending litigation.
XIII. CLOSED SESSION ANNOUNCEMENT
At 8:17 p.m., the City Council returned from closed session. Mayor Dutrey announced that the City Council discussed real property negotiations and pending litigation; information was received and direction given to staff; and no further announcements would be made at this time.
XIV. ADJOURNMENT
At 8:17 p.m., the City Council, Successor Agency Board, Montclair Housing Corporation Board, Montclair Housing Authority Commission, and Montclair Community Foundation Board were adjourned.
Submitted for City Council/Successor Agency Board/Montclair Housing Corporation Board/Montclair Housing Authority
Commission/Montclair Community Foundation Board approval,
Andrea Myrick,
City Clerk
MONTCLAIR CITY COUNCIL MEETING – 08/04/2025 Page 139 of 139