CITY OF MONTCLAIR
CITY COUNCIL
SUCCESSOR REDEVELOPMENT AGENCY,
MONTCLAIR HOUSING CORPORATION, MONTCLAIR
HOUSING AUTHORITY, AND MONTCLAIR COMMUNITY
FOUNDATION MEETINGS
AGENDA PACKET
Monday, July 6, 2026
7:00 p.m.
Montclair City Council Chambers
5111 Benito Street
Montclair, CA 91763
Mayor
Javier “John” Dutrey
Mayor Pro Tem
Corysa Martinez
Council Members
Bill Ruh
Benjamin “Ben” Lopez
Xavier Mendez
City Manager
Edward C. Starr
City Attorney
Diane E. Robbins
City Clerk
Andrea M. Myrick
REGULAR JOINT MEETING OF THE
CITY COUNCIL, SUCCESSOR AGENCY, MONTCLAIR HOUSING CORPORATION,
MONTCLAIR HOUSING AUTHORITY, AND MONTCLAIR COMMUNITY FOUNDATION to be held in the Council Chambers
5111 Benito Street, Montclair, California
Monday, July 6, 2026
7:00 p.m.
Remote Participation Information:
Zoom Link: https://zoom.us/j/93717150550
Dial Number: 1 (669) 900–6833
Meeting ID: 937–1715–0550
If you want to provide spoken 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. Written comments (200– word limit per agenda item, and 200–word limit for all non–agenda items combined) may also be emailed to [email protected] or submitted at https://www.cityofmontclair.org/public–comment/ at least one hour before the meeting begins.
Watch Council meetings live on the City’s official YouTube Channel at https://www.youtube.com/cityofmontclair, or via Zoom using the following information: Zoom Link: https://zoom.us/j/93717150550 / Dial Number: 1 (669) 900–6833 / Meeting ID: 937–1715–0550.
Video recordings of Council meetings are available on the City’s website and can be accessed by the end of the business day following the meeting at https://www.cityofmontclair.org/council–meetings/ AGENDA
I. CALL TO ORDER City Council [CC], Successor Agency Board [SA], Montclair Housing Corporation Board [MHC],
Montclair Housing Authority Commission [MHA],
Montclair Community Foundation Board [MCF]
II. INVOCATION
In keeping with our long–standing tradition of opening our Council meetings with an invocation, this meeting may include a nonsectarian invocation. Such invocations are not intended to proselytize or advance any faith or belief or to disparage any faith or belief. Neither the City nor the City Council endorses any particular religious belief or form of invocation.
III. PLEDGE OF ALLEGIANCE
IV. ROLL CALL
V. PRESENTATIONS
A. Proclamations Recognizing the 250th Anniversary of the United States and the 175th Anniversary of the State of California
B. Recognition of Outgoing Community Activities Commissioners Darlene Ferraro and Laurie Milhiser
C. Community Activities Commission Presentation of 2026 Home Beautification Awards
VI. PUBLIC COMMENT
During Public Comment, you may comment on any subject that does not appear on this agenda. Each speaker has up to five minutes. The meeting’s presiding officer may provide more or less time to accommodate speakers with special needs or a large number of speakers waiting in line. (Government Code Section 54954.3).
Under the provisions of the Brown Act, the meeting bodies are prohibited from participating in substantial discussion of or taking action on items not listed on the agenda.
MONTCLAIR CITY COUNCIL MEETING – 07/06/2026 Page 1 of 193 Page No.
VII. PUBLIC HEARINGS
A. Second Reading — Consider Adoption of Ordinance No. 26–1017 Adding Chapter 11.79 to the Montclair Municipal Code Relating to Additional Development Standards to Facilitate Ministerial Approvals for Development of Multi–Family Housing City–Wide [CC] 5
VIII. CONSENT CALENDAR
A. Approval of Minutes
1. Regular Joint Meeting — April 6, 2026 [CC/SA/MHC/MHA/MCF] 176
2. Regular Joint Meeting — April 20, 2026 [CC/SA/MHC/MHA/MCF] 183
3. Adjourned Meeting — May 4, 2026 [CC] 192
B. Administrative Reports
1. Consider Receiving and Filing of Treasurer’s Report [CC] 16
2. Consider Approval of Warrant Register & Warrant Register and Payroll Documentation [CC] 17
3. Consider Receiving and Filing of Treasurer’s Report [SA] 18
4. Consider Approval of Warrant Register [SA] 19
5. Consider Receiving and Filing of Treasurer’s Report [MHC] 20
6. Consider Approval of Warrant Register [MHC] 21
7. Consider Receiving and Filing of Treasurer’s Report [MHA] 22
8. Consider Approval of Warrant Register [MHA] 23
9. Consider Authorizing the Receipt of $5,521.08 from the Fiscal Year 2025 Patrick Leahy Bulletproof Vest Partnership Program to Assist with the Purchase of Ballistic Vests for the Police Department [CC] 24
10. Consider Authorizing the Use of $7,500 in State Asset Forfeiture Funds to Host the 2026 National Night Out Event [CC] 25
11. Consider Authorizing a $12,826.39 Transfer from the General Fund Contingency Account to the Information Technology Services Capital Outlay Account for the Purchase of an ID Card Printer and Software from ADVANTIDGE, Inc. [CC] 26
12. Consider Approval of the Payment for a One–Year Subscription Renewal of the Zengine Application Software Through Wizehive, Inc. for the Montclair to College Program [MCF] 28
C. Agreements
1. Consider Approval of Agreement No. 26–32 with Misha L. Penn to Provide Grant Management and Fiscal Compliance Services for the Human Services Department [CC] 30
2. Consider Approval of Agreement No. 26–33 with Ontario–Montclair School District to Provide Case Management Services [CC] 44 MONTCLAIR CITY COUNCIL MEETING – 07/06/2026 Page 2 of 193 Page No.
3. Consider Approval of Agreement No. 26–34 with Catering Systems, Inc. to Provide Meals for the City’s Senior Citizen Nutrition Program [CC] 50
4. Consider Approval of Agreement No. 26–35 with Lifestyle Management Solutions to Provide Nutrition Education Services for the City’s Senior Citizen Nutrition Program [CC] 71
5. Consider Approval of Agreement No. 26–36 with National Main Street Center, Inc. to Accept a $60,000 Grant Award to Support the Flashing Stop Sign Replacement Program [CC]
Consider Authorizing City Manager Edward C. Starr to Sign Agreement No. 26–36 and Any Related Documents [CC] 87
6. Consider Approval of Agreement No. 26–37 with Consolidated Fire Agencies of San Bernardino County (CONFIRE) for Continued Dispatch and Communication Services, Subject to Any Revisions Deemed Necessary by the City Attorney [CC] 97
7. Consider Approval of Agreement No. 26–38 with the Montclair Chamber of Commerce to Provide Services to Promote Local Economic Development, Subject to Any Revisions Deemed Necessary by the City Attorney [CC] 117
8. Consider Approval of Agreement No. 26–39 with Hinderliter, de Llamas and Associates to Provide Services Related to the Local Sales and Use Tax Revenue, Subject to Any Revisions Deemed Necessary by the City Attorney [CC] 124
9. Consider Approval of Agreement No. 26–40 with Civic Publications, Inc., to Provide Public Education and Community Outreach Services [CC] 139
10. Consider Approval of Agreement No. 26–41 with Rincon Consultants, Inc. to Provide General Geographic Information System Services on an As– Needed Basis during FY 2026– 27, Subject to Any Revisions Deemed Necessary by the City Attorney [CC] 143
11. Consider Approval of Agreement No. 26–42 with Econolite Systems for Traffic Signal Maintenance Services, Subject to Any Revisions Deemed Necessary by the City Attorney [CC] 165
D. Resolutions
1. Consider Adoption of Resolution No. 26–3521 Authorizing Placement of Liens on Certain Properties for Delinquent Sewer and Trash Charges [CC] 169
IX. PULLED CONSENT CALENDAR ITEMS
X. COMMUNICATIONS
A. Department Reports
1. Police Department — Report on Firework Enforcement
2. Human Services Department — Upcoming Events
MONTCLAIR CITY COUNCIL MEETING – 07/06/2026 Page 3 of 193 Page No.
B. City Attorney
1. Request to Meet in Closed Session Pursuant to GC §54956.9(d)(2) Regarding Potential Litigation (Three Potential Cases) [CC]
2. Request to Meet in Closed Session Pursuant to GC §54956.9(d)(4) Regarding Potential Litigation (One Potential Case) [CC]
3. Request to Meet in Closed Session Pursuant to GC §54956(d)(1) Regarding Pending Litigation [CC]
Barraza v. Montclair
Ibanez v. Montclair
Ontario/Montclair v. Inland Empire Utilities Agency
Montclair v. San Bernardino County Transportation Authority
4. Request to Meet in Closed Session Pursuant to GC §54957.6 Regarding Conference with Designated Labor Negotiator Edward C. Starr [CC] Agency: City of Montclair
Employee Management Employees
Associations: Montclair City Confidential Employees Association Montclair General Employees – Teamsters Local 1932
Montclair Fire Fighters Association
Montclair Police Officers Association
C. City Manager/Executive Director
D. Mayor/Chairperson
E. Council Members/Directors
F. Committee Meeting Minutes (for informational purposes only)
1. Personnel Committee Meeting — June 1, 2026 [CC] 175
XI. CLOSED SESSION
XII. CLOSED SESSION ANNOUNCEMENTS
XIII. ADJOURNMENT
The next regular joint meeting of the City Council, Successor Agency Board, Montclair Housing Corporation Board, Montclair Housing Authority Commission, and Montclair Community Foundation Board will be held on Monday, July 20, 2026, at 7:00 p.m.
Reports, backup materials, and additional materials related to any item on this Agenda distributed to the meeting bodies after publication of the Agenda packet are available for public inspection in the Office of the City Clerk between 7:00 a.m. and 6:00 p.m., Monday through Thursday. Please call the City Clerk’s Office at (909) 625–9416 or send an e–mail to [email protected] to request documents via e–mail.
If you need special assistance to participate in this meeting, call the City Clerk’s Office at (909) 625–9416 or e–mail [email protected]. Notification prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 35.102–35.104 ADA Title II) I, Andrea M. Myrick, City Clerk, hereby certify that I posted, or caused to be posted, a copy of this Agenda not less than 72 hours prior to this meeting on the City’s website at https://www.cityofmontclair.org/agendas/ and on the bulletin board adjacent to the north door of Montclair City Hall at 5111 Benito Street, Montclair, CA 91763 on Thursday, June 25, 2026.
MONTCLAIR CITY COUNCIL MEETING – 07/06/2026 Page 4 of 193
CITY COUNCIL
AGENDA REPORT
DATE: JULY 6, 2026
SECTION: PUBLIC HEARINGS
ITEM NO.: A
FILE I.D.: GPL250
DEPT.: ECONOMIC DEV.
PREPARER: M. FUENTES
SUBJECT: SECOND READING — CONSIDER ADOPTION OF ORDINANCE NO. 26–1017 ADDING CHAPTER 11.79 TO THE MONTCLAIR MUNICIPAL CODE RELATING TO ADDITIONAL
DEVELOPMENT STANDARDS TO FACILITATE MINISTERIAL APPROVALS FOR DEVELOPMENT OF MULTI–FAMILY HOUSING CITY–WIDE
REASON FOR CONSIDERATION: The City Council is requested to consider Ordinance No. 26–1017, adding Chapter 11.79 (Housing Facilitation Ministerial Approval) to the Montclair Municipal Code related to additional development standards to facilitate ministerial approvals for development of multi–family housing citywide, to implement planning actions required by the California Department of Housing and Community Development (HCD) as a condition of final certification of the City’s adopted Housing Element (2021–2029).
A copy of proposed Ordinance No. 26–1017 is attached for City Council review and consideration.
BACKGROUND: On December 2, 2024, the City Council adopted the Montclair 2020 General Plan Update, including the 6th Cycle Housing Element – 2021–2029 (“Adopted Housing Element”). The Adopted Housing Element was submitted to HCD for review and a determination of compliance with state housing element law.
In a letter dated March 20, 2025, HCD determined that while the Adopted Housing Element complied with state housing element law, several implementing components (Planning Actions) required adoption in order to comply with statutory requirements pursuant to Government Code Section 65583.2(h) and (i), and to assist the City in meeting its Regional Housing Needs Allocation (RHNA) obligations. HCD identified the following required Planning Actions:
• Permit multi–family residential use by–right for developments in which at least 20 percent of the units are affordable to lower–income households; • Require at least a minimum density of 20 dwelling units per acre (du/ac) in certain land use designations;
• Require that residential uses occupy 50 percent of the total floor area of mixed– use projects; and
• Provide an analysis to determine whether allowable heights in the City create an impediment to housing development.
In response, the City prepared Ordinance No. 26–1017 (the “Housing Facilitation Ordinance”) to implement the required Planning Actions and to further facilitate the development of housing, especially housing that is affordable to low– and moderate income households, on sites designated for higher density residential development in the City.
MONTCLAIR CITY COUNCIL MEETING – 07/06/2026 Page 5 of 193 Key Provisions of the Ordinance
The proposed Ordinance establishes certain Housing Facilitation Standards that apply to any “Applicable Property.” “Applicable Property” is defined to include “… any property designated as a “Housing Opportunity Site” in the City of Montclair Housing Element and any property zoned for multi–family residential or mixed–use development on the Official Zoning Map of the City of Montclair or any property designated for multi–family residential or mixed–use development in any applicable, adopted specific plan allowing a minimum of twenty (20) dwelling units per acre. A copy of the City of Montclair’s Housing Opportunity Sites is included as Attachment 1 to this agenda report, to provide the City Council with a visual as to which properties will be directly affected by proposed Ordinance No. 26–1017. An “Applicable Property” shall also include a property meeting the threshold standards for ministerial review contained in California Government Code, Section 65913.4.”
On all Applicable Property, the following five development standards shall apply:
• By–Right Approval: Development of residential or mixed–use uses in which at least twenty percent (20%) of the units are affordable to lower–income households shall be allowed “by right” pursuant to Chapter 11.79, without requiring a conditional use permit.
• Minimum Density: The minimum density to be developed shall be the greater of 20 du/ac or the minimum density identified for that Applicable Property as shown on the Housing Opportunity Sites Inventory.
• Mixed–Use Floor Area: Mixed–use projects shall be developed with residential uses at a minimum density of 20 du/ac and residential uses shall occupy at least fifty percent (50%) of the total floor area of the project. • Height Bonus: Development of residential or mixed–use projects in which at least twenty percent (20%) of the units are affordable to low or very low–income households shall be permitted to increase the total height of the building(s) by two (2) additional stories, not to exceed a total height of twenty–five feet (25’) above the maximum height otherwise allowed for that Applicable Property. • Objective Design Standards: Objective development standards shall be the adopted development standards for the applicable zone or specific plan designation where the Applicable Property will be developed or redeveloped and the objective design standards shall be the objective architectural and design styles described in Section 5.3.030 of the North Montclair Downtown Specific Plan.
The proposed Ordinance also includes findings describing how the proposed standards are consistent with the City’s adopted General Plan, including the Housing Element.
The Housing Facilitation Ordinance was reviewed and recommended for adoption by the Planning Commission of the City of Montclair at a duly noticed public hearing conducted on April 27, 2026, pursuant to Planning Commission Resolution No. 26–2020. Planning Commission Resolution No. 26–2020 was approved by a vote of 4–0–1, with one abstention.
MONTCLAIR CITY COUNCIL MEETING – 07/06/2026 Page 6 of 193 New Commune vs. City of Redondo Beach Case Court Case.
As part of its 6th Cycle Housing Element process, the City of Redondo Beach was required to accommodate approximately 2,490 RHNA units, including 1,444 lower–income units.
Because its existing site inventory was insufficient to meet that obligation, Redondo Beach adopted a "residential overlay" zone superimposed over six existing commercial and industrial districts, allowing residential development at densities of up to 55 dwelling units per acre. The overlay preserved the underlying commercial and industrial entitlements, meaning developers could still construct entirely nonresidential projects on the very sites Redondo Beach counted toward its lower–income RHNA. HCD certified the Housing Element as substantially compliant in September 2022. The developer New Commune DTLA, LLC. subsequently filed a petition for writ of mandate challenging the Housing Element's reliance on the overlay strategy and the inclusion of certain nonvacant sites in the City of Redondo Beach RHNA inventory.
Court's Holdings
The Court of Appeal reversed the trial court and held that the City of Redondo Beach's Housing Element violated Government Code Section 65583.2(h)(2) on two independent grounds:
• Minimum Density Requirement. The Court held that a residential overlay applied over base commercial or industrial zoning cannot satisfy the mandatory minimum density requirement of 20 dwelling units per acre when the underlying zoning still permits development with zero residential units. The Court emphasized that the word "minimum" in Section 65583.2(h)(2) is unambiguous and sets a binding floor— not a ceiling—on residential density. Because the overlay allowed but did not require residential development, it failed to ensure housing production on the counted sites. • Residential Use Requirement. The Court further held that at least 50 percent of a city's lower–income RHNA obligation must be accommodated on sites designated exclusively for residential use, or on mixed–use sites that both allow 100 percent residential use and require that residential uses occupy at least 50 percent of the total floor area of any mixed–use project. The overlay, which preserved nonresidential base entitlements, failed this requirement as well. • Nonvacant Site Availability. The Court additionally found that a site occupied by a Vons grocery store operating under a lease granting the tenant sole and absolute discretion to withhold consent to site modifications was improperly included in the RHNA inventory, as existing lease terms constituted an impediment to realistic redevelopment within the planning period.
Relevance to Montclair's Housing Facilitation Ordinance The New Commune vs. City of Redondo Beach Case Court Case decision directly confirms the legal necessity of the development standards established in proposed Ordinance No. 26–1017 and validates Montclair's approach to implementing the Planning Actions required by HCD in its March 20, 2025 letter. Specifically:
• The Court's holding that Government Code Section 65583.2(h)(2) imposes a mandatory minimum density of 20 dwelling units per acre — not merely a permitted density — confirms that Montclair's minimum density standard codified in Chapter
11.79 is not only consistent with state law but required by it. Montclair's minimum density standard requires development at the greater of 20 du/ac or the minimum density identified in the Housing Opportunity Sites Inventory, directly satisfying the statutory obligation the Court found Redondo Beach failed to meet.
MONTCLAIR CITY COUNCIL MEETING – 07/06/2026 Page 7 of 193 • The Court's holding that mixed–use sites must require residential uses to occupy at least 50 percent of the total floor area of a project confirms the mandatory nature of Montclair's mixed–use floor area standard, also codified in Chapter
11.79. • The Court's criticism of discretionary overlay regimes that allow but do not require residential development underscores why Montclair's ministerial approval pathway under Chapter 11.79 — which removes discretionary review for qualifying affordable projects and applies objective development standards — represents the legally sound approach contemplated by the Housing Element Law.
The New Commune decision builds on the earlier holding in Martinez v. City of Clovis (2023), which first established the enforceability of the statutory minimum density requirement. Together, these cases make clear that the language of the Housing Element Law is mandatory and that implementing ordinances must affirmatively require — not merely permit — housing development at the required densities and use intensities.
Cities that have relied on overlay strategies similar to Redondo Beach's may face renewed exposure to Builder's Remedy project applications. Montclair's adoption of Ordinance No. 26–1017 places the City in a legally defensible posture consistent with these judicial interpretations.
Legislative History
The following provides a summary of the key steps in the legislative history of the Housing Facilitation Ordinance:
• April 13, 2022 – Draft Housing Element submitted to HCD for review. • June 10, 2022 – HCD issued determination letter requesting revisions including modifications to geographic targeting programs, reconciliation of ADU estimates, replacement housing policies, and transitional housing programs. • July 2022 – City submitted revised Draft Housing Element; HCD determined it substantially complied with state housing element law.
• December 2, 2024 – City Council adopted the Montclair 2020 General Plan Update and Adopted Housing Element, along with Ordinance No. 24–1009 (Arrow Highway Mixed Use District Specific Plan revisions) and Ordinance No. 24–1010 (Corridors Plan revisions).
• March 20, 2025 – HCD issued letter confirming Housing Element compliance but requiring adoption of the Planning Actions listed above pursuant to Government Code Section 65583.2(h) and (i).
• September 18, 2025 – HCD issues a letter requesting a status update regarding the requested Planning Actions.
• September 25, 2025 – City staff provides HCD with a revised Ordinance that addressed the requested Planning Actions and provide HCD with a timeline for adoption.
• October 10, 2025 – New Commune DTLA LLC v. City of Redondo Beach the California Court of Appeal struck down the city’s housing element plan, ruling it violated the state’s Housing Element Law as the underlying zoning did not exclusively permit residential developments to occur.
• November 17, 2025 – City staff meet with legal counsel to discuss revisions to Ordinance to address the court’s findings in New Commune DTLA LLC v. City of Redondo Beach.
MONTCLAIR CITY COUNCIL MEETING – 07/06/2026 Page 8 of 193 • December 2025–January 2026 – City staff worked with legal counsel to craft a new Ordinance to address the court’s findings in New Commune DTLA LLC v. City of Redondo Beach.
• February 25, 2026 – City staff provided a copy of the revised Ordinance to HCD staff and received approvals to move forward.
March 2, 2026 – City staff provided an updated timeline for adoption of the Ordinance with an effective date of the Ordinance being July 11, 2026. • March 24, 2026 – HCD issues a notice of violation related to the City of Montclair’s 6th Cycle Housing Element.
• April 8, 2026 – HCD staff meet with City staff regarding the City’s two prong approach towards adopting proposed Ordinance No. 26–1017 (Urgency Ordinance Adoption and Non–Urgency Ordinance Adoption.
• April 10, 2026 – HCD reaffirmed that proposed Ordinance No. 26–1017 met all of HCD’s requirement’s for approval of the Housing Element. • April 20, 2026 – City of Montclair City Council approved Urgency Ordinance No. 26–1017–U “Housing Facilitation Ordinance” and Urgency Ordinance No. 26– 1017–U became affective immediately upon adoption.
*It should be noted that Ordinance No. 26-1017 shall become effective thirty (30) days following its adoption and upon the effective date of Ordinance No. 26-1017, Urgency Ordinance No. 26–1017–U shall be repealed.
California Environmental Quality Act (CEQA)
Regarding environmental review, the City prepared a Final Environmental Impact Report (Final EIR; SCH No. 2020110481) for the Montclair 2020 General Plan Update in accordance with the California Environmental Quality Act (CEQA). The Final EIR was certified by the City Council on December 2, 2024, pursuant to Resolution No. 3436, which also included adoption of CEQA Findings, a Mitigation Monitoring and Reporting Program, and a Statement of Overriding Considerations. The Housing Facilitation Ordinance is within the scope of the previously certified Final EIR and incorporates by reference the findings and analysis set forth in Resolution No. 3436. No additional environmental review is required.
FISCAL IMPACT: There is no direct fiscal impact associated with the adoption of Ordinance No. 26–1017. The Housing Facilitation Ordinance establishes development standards and streamlines the approval process for qualifying affordable housing projects. Costs associated with the preparation and processing of the Ordinance, including Planning Commission and City Council public hearings, publication of notice in the Inland Valley Daily Bulletin, and City Attorney review, are payable from the Economic Development Agency’s operating budget.
RECOMMENDATION: Staff recommends the City Council adopt Ordinance No. 26–1017 adding Chapter 11.79 to the Montclair Municipal Code Relating to additional development standards to facilitate ministerial approvals for development of multifamily housing city-wide.
MONTCLAIR CITY COUNCIL MEETING – 07/06/2026 Page 9 of 193 Central Ave
Ramona Ave
Arrow Hwy
Holt Blvd
Mission Blvd
¨¦§10
Monte Vista Ave
Moreno St
Orchard St
Benito St
Kingsley St
Benson Ave
Pipeline Ave
San Bernardino St
Palo Verde St
State St
Phillips Blvd
Mills Ave
2 1 3
5 11
12 7 8
10 6
9 4
13 14
24 18
19 17
23 16
15 21 22
25 20
0 1,100 2,200
Feet
±
City of Montclair Boundary
City Sphere of Influence
Railroad
Parcels
Housing Opportunity Sites
Source: City of Montclair, 2025
Creation Date: September 16th, 2025
Housing Opportunity Sites
Attachment 1
MONTCLAIR CITY COUNCIL MEETING – 07/06/2026 Page 10 of 193 SECOND
READING
07/06/2026
Ordinance No. 26–1017 Page 1 of 5
ORDINANCE NO. 26–1017
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MONTCLAIR ADDING CHAPTER 11.79 TO THE MONTCLAIR
MUNICIPAL CODE RELATING TO ADDITIONAL DEVELOPMENT
STANDARDS TO FACILITATE MINISTERIAL APPROVALS FOR
DEVELOPMENT OF MULTI–FAMILY HOUSING CITY–WIDE
WHEREAS, the City of Montclair initiated the Montclair 2020 General Plan Update (“General Plan Update”) to update the 1991 City of Montclair General Plan and establish the community’s vision for orderly development and growth in Montclair by functioning as a policy document to guide land use decisions; and
WHEREAS, the General Plan Update included the preparation of the 6th Cycle Housing Element – 2021–2029 (“Housing Element”); and
WHEREAS, the Draft Housing Element was sent to the California Department of Housing & Community Development (HCD) on April 13, 2022 for review and a determination of compliance with state housing element law; and WHEREAS, on June 10, 2022, HCD provided its determination letter summarizing its review of the Draft Housing Element and requesting certain revisions to the Draft Housing Element, including:
1. Modifying actions with geographic targeting to areas of higher opportunity and high segregation and poverty. Specifically, the element should modify Programs 2.1 (Incentives for Affordable Housing), 2.2 (Objective Design Standards) and 3.4 (Leverage Funding for Affordable Development); and
2. Reconciling estimates of accessory dwelling unit construction; and
3. Include programs to establish replacement housing policies, consistent with California Government Code section 65915, subdivision (c) (3) and analyzing the use of non–vacant sites to accommodate the City’s RHNA allocation for lower–income households; and
4. Amending Program 2.8 to permit transitional and supportive housing without discretionary actions pursuant to Government Code section 65651; and
5. Amending Policy Action (Program) 2.7 to permit group homes for seven or more persons (regardless of licensing); and
6. Describe the City’s public participation efforts; and WHEREAS, the City of Montclair revised the Draft Housing Element and submitted its second Draft Housing Element to HCD for review in July of 2022; and WHEREAS, in a letter dated July 27, 2022, HCD determined that the Draft Housing Element substantially complied with state housing element law; and WHEREAS, simultaneously with the preparation of the Draft Housing Element, the City was also preparing and revising other elements of the General Plan Update and these revisions caused a delay in the adoption of the Housing Element; and WHEREAS, on December 2, 2024, the City Council of the City of Montclair adopted the 2020 General Plan Update, including the Draft Housing Element (Adopted Housing Element) and adopted several other components identified in the Housing Element to implement its policies and programs, including:
1. Ordinance No. 24–1009 — An ordinance adopting revisions to the Arrow Highway Mixed Use District Specific Plan to revised include land use designations to implement required densities identified in the Housing Opportunity Sites shown in the Housing Element; and
2. Ordinance No. 24–1010 — An ordinance adopting revisions to the Montclair Corridors Plan to include revisions to land use designations to implement the required densities identified in the Housing Opportunity Sites Inventory shown in the Housing Element; and
MONTCLAIR CITY COUNCIL MEETING – 07/06/2026 Page 11 of 193 SECOND
READING
07/06/2026
Ordinance No. 26–1017 Page 2 of 5
3. Submittal of the required Sites Inventory Form (from the HCD webpage); and WHEREAS, the Adopted Housing Element was sent to HCD for review to determine compliance with state housing element law; and
WHEREAS, in a letter dated March 20, 2025, HCD determined that while the Adopted Housing Element complied with state housing element law, several of the implementing components (Planning Actions) required revision to comply with statutory requirements pursuant to Government Code section 65583.2(h)&(i), including the following to help the City meet it RHNA obligations:
1. Permit multifamily residential use by–right for developments in which at least 20 percent of the units are affordable to lower–income households; and
2. Require at least a minimum density of 20 units per acre in certain land use designations; and
3. Require that residential uses occupy 50 percent of the total floor area of mixed–use projects; and
4. Provide an analysis to determine whether allowable heights in the City create an impediment to housing development; and
WHEREAS, in order to implement the required Planning Actions, the City conducted an analysis of each of the comments provided by HCD in its March 20, 2025 review letter and prepared an ordinance to further facilitate the development of housing, especially low and moderate income housing in the City of Montclair to assist the City in meeting its RHNA obligations (Housing Facilitation Ordinance); and WHEREAS, on April 20, 2026, the City Council of the City of Montclair adopted the identical components contained in the Housing Facilitation Ordinance as Urgency Ordinance No. 26–1017–U pursuant to California Government Code, Section 36937 and as a means to provide immediate housing facilitation standards to increase the supply of housing in the community; and
WHEREAS, the Housing Facilitation Ordinance is intended to replace Urgency Ordinance 26–1017–U upon its effective date; and
WHEREAS, on April 27, 2026, the Planning Commission of the City of Montclair ("Planning Commission") conducted a duly noticed public hearing on the Housing Facilitation Ordinance at which time all persons wishing to testify in connection with the Housing Facilitation Ordinance were heard and the Housing Facilitation Ordinance was comprehensively reviewed; and
WHEREAS, on April 27, 2026, the Planning Commission, by a vote of 4–0–1, with one abstention, recommended that the City Council approve the Housing Facilitation Ordinance pursuant to Planning Commission Resolution No. 26–2020; and WHEREAS, on May 15, 2026, the City gave public notice of the City Council’s public hearing on June 1, 2026 by advertisement in a newspaper of general circulation, and posted the public notice at City Hall; and
WHEREAS, on June 1, 2026, commencing at 7:00 p.m. in the City Council Chambers at the City of Montclair Civic Center, the City Council conducted a duly noticed public hearing at which time all persons wishing to testify in connection with the Housing Facilitation Ordinance were heard, and said Housing Facilitation Ordinance was fully studied; and
WHEREAS, all other legal prerequisites to the adoption of this Housing Facilitation Ordinance have occurred.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MONTCLAIR DOES ORDAIN AS FOLLOWS:
SECTION 1. Recitals. The City Council hereby specifically finds that all of the facts set forth in the Recitals of this Housing Facilitation Ordinance are true and correct and are incorporated herein as if fully set forth.
MONTCLAIR CITY COUNCIL MEETING – 07/06/2026 Page 12 of 193 SECOND
READING
07/06/2026
Ordinance No. 26–1017 Page 3 of 5
SECTION 2. California Environmental Quality Act. Adoption of this Urgency Ordinance is for the immediate protection of the public peace, health, and safety of the residents of the City. The City prepared a Final Environmental Impact Report (Final EIR; SCH No. 2020110481) for the Montclair 2020 General Plan Update, which included analysis of the Housing Element and its implementing programs. The City Council certified the Final EIR on December 2, 2024 pursuant to Resolution No. 3436, which also included adoption of CEQA Findings, a Mitigation Monitoring and Reporting Program, and a Statement of Overriding Considerations. The Housing Facilitation Ordinance is within the scope of the previously certified Final EIR, is a contemplated future action within the program, and would not have any new or more significant impacts than those already disclosed, analyzed, and mitigated in the certified Final EIR. Therefore, under Public Resources Code section 21166, no further environmental review is required before the City Council considers the Housing Facilitation Ordinance.
SECTION 3. Findings. Based on the entire record before the City Council and all written and oral evidence presented, the City Council finds the Housing Facilitation Ordinance promotes the goals and objectives of the 2020 General Plan Update, including the following:
A. Housing Element Policy Action 2.1 providing, in part, that the City should:
“Encourage well–planned and designed mixed use development by allowing higher building intensities, reduced parking requirements, reduced set–back and yard requirements, increased building height, and greater floor area ratios…” (Emphasis added.)
B. Based on the entire record, including the staff report and public hearing comments and all written and oral evidence presented, the City finds the Housing Facilitation Ordinance is reasonably related to the public welfare of the citizens of the City of Montclair and the surrounding region. The Housing Facilitation Ordinance allows development felicity and increased housing opportunities in the City of Montclair using flexible development standards that are consistent with the Guiding Principles contained in the 2020 General Plan to assist the City in meeting its RHNA obligations.
C. The Housing Facilitation Ordinance is required to eliminate future policy and land use conflicts with the Adopted Housing Element and is intended to supersede existing conflicting zoning and development regulations contained in the City of Montclair Development Code and adopted specific plans. The Housing Facilitation Ordinance is necessary to implement the policies of the General Plan Update.
SECTION 4. Chapter 11.79 (Housing Facilitation & Ministerial Approval Standards) is hereby added to Division IV (Entitlements) of Title 11(Zoning and Development) of the Montclair Municipal Code as follows:
Chapter 11.79 — HOUSING FACILITATION & MINISTERIAL APPROVAL STANDARDS.
11.79.010 — Purpose and intent. This chapter is intended to provide development standards, procedures and incentives to encourage the production of housing, especially housing that is affordable to low– and moderate–income households, on sites designated for higher density residential development in the City of Montclair and development on sites meeting threshold requirements contained in California Government Code, Section 65913.4. The development standards, procedures and incentives are intended to apply to all Housing Opportunity Sites identified in the adopted Housing Element and all multi–family zoned or designated properties in the City, whether designated in the Official Zoning Map of the City of Montclair or designated in an adopted specific plan, as well as qualifying projects developed in accordance with California Government Code, Section 65913.4.
11.79.020 — Definitions.
A. For the purpose of this chapter, the following definitions shall apply:
1. “Applicable Property” shall mean any property designated as a “Housing Opportunity Site” in the City of Montclair Housing Element and any property zoned for multi–family residential or mixed–use development on the Official Zoning Map of the City of Montclair or any property designated for multi–family residential or mixed–use development in any applicable, adopted specific plan allowing a MONTCLAIR CITY COUNCIL MEETING – 07/06/2026 Page 13 of 193 SECOND
READING
07/06/2026
Ordinance No. 26–1017 Page 4 of 5
minimum of twenty (20) dwelling units per acre. An “Applicable Property” shall also include a property meeting the threshold standards for ministerial review contained in California Government Code, Section 65913.4.
2. “Applicable specific plan” shall mean:
a. The Arrow Highway Mixed Used District Specific Plan; and b. The Corridors Code; and
c. The Montclair Place District Specific Plan; and
d. The North Montclair Downtown Specific Plan.
3. “Objective development standards” or “objective design standards” shall mean standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official before submittal. For purposes of this chapter, the objective development standards shall be the adopted development standards for the applicable zone or specific plan designation where the Applicable Property will be developed or redeveloped and the objective design standards shall be the objective architectural and design styles described in Section 5.3.040 of the North Montclair Downtown Specific Plan.
4. “Ministerial processing or approval” means a process for development approval involving little or no personal judgment by the public official as to the wisdom or manner of carrying out the project. The public official merely ensures that the proposed development meets all the "objective zoning standards," "objective subdivision standards," and "objective design review standards" in effect at the time that the application is submitted to the local government, but uses no special discretion or judgment in reaching a decision.
5. “The Official Zoning Map of the City of Montclair” shall be the map referenced in Montclair Municipal Code, Section 11.12.040.
B. Applicable definitions relating to the architectural styles contained in Section
5.5.020 of the North Montclair Downtown Specific Plan shall supplement these definitions.
11.79.030 — Application of chapter. The provision of this chapter shall apply to development of residential or mixed–use uses on any Applicable Property in which at least twenty percent (20%) of the units are affordable to lower–income households. The provisions of this chapter shall also apply to development of any property that conforms to the threshold requirements of California Government Code, 65913.4. Such development shall be approved ministerially and in compliance with the objective development standards and the objective design standards referenced in this chapter.
11.79.040 — Minimum densities. The minimum density to be developed on any Applicable Property shall be the greater of 20 dwelling units per acre (20 du/ac) or the minimum density identified for that Applicable Property as shown on the Housing Opportunities Sites Inventory shown on the City of Montclair Housing Element. Mixed– use projects on any Applicable Property shall be developed with residential uses with a minimum density of twenty dwelling units per acre (20 du/ac) and residential uses shall occupy at least fifty percent (50%) of the total floor area of a project.
11.79.050 — Additional height authority. Development of residential or mixed use projects on any Applicable Property in which at least twenty percent (20%) of the units are affordable to low or very low–income households shall be allowed to increase the total height of the building(s) by two (2) additional stories, not to exceed a total height of twenty–five feet (25’) above the maximum height allowed for that Applicable Property.
11.79.060 — Applicable development standards. The development standards for development of an Applicable Property shall be the adopted development standards for the applicable zone or specific plan land use designation where the Applicable Property will be developed or redeveloped.
MONTCLAIR CITY COUNCIL MEETING – 07/06/2026 Page 14 of 193 SECOND
READING
07/06/2026
Ordinance No. 26–1017 Page 5 of 5
11.79.070 — Applicable design standards. The design standards for development of an Applicable Property developed or redeveloped shall be the objective architectural style standards described in Section 5.3.030 of the North Montclair Downtown Specific Plan. Specifically, Section 5.3.030 defines authorized architectural–style types as A. Main Street Commercial
B. Mediterranean
C. Craftsman
D. Art Deco
E. California Contemporary
Development or redevelopment of an Applicable Property shall be designed using one of the authorized architectural styles described herein.
SECTION 5. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Ordinance for any reason is held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.
SECTION 6. Effective Date & Repeal of Urgency Ordinance. This Ordinance shall become effective thirty (30) days following its adoption. Upon becoming effective, Urgency Ordinance No. 26–1017–U shall be repealed.
SECTION 7. Certification; Publication. The City Clerk shall certify as to the adoption of this Ordinance and shall cause a summary thereof to be published within fifteen (15) days of the adoption and shall post a Certified copy of this Ordinance, including the vote for and against the same, in the Office of the City Clerk, in accordance with Government Code Section 36933.
SECTION 8. Custodian of Records. The custodian of records for this Ordinance is the City Clerk, and the records comprising the administrative record are maintained in the City Clerk’s Office, located at Montclair City Hall, 5111 Benito Street, Montclair, California 91763.
APPROVED AND ADOPTED this XX day of XX, 2026.
Mayor
ATTEST:
City Clerk
I, Andrea M. Myrick, City Clerk of the City of Montclair, DO HEREBY CERTIFY that Ordinance No. 26–1017 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, 2026 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 – 07/06/2026 Page 15 of 193
CITY COUNCIL
AGENDA REPORT
DATE: JULY 6, 2026
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 1
FILE I.D.: FIN520
DEPT.: FINANCE
PREPARER: J. KULBECK
SUBJECT: CONSIDER RECEIVING AND FILING OF TREASURER'S REPORT REASON FOR CONSIDERATION: The City Council is requested to consider receiving and filing the City of Montclair Treasurer's Report for the month ending April 30, 2026.
BACKGROUND: Included in the City Council’s agenda packet is a copy of the Treasurer's Report for the period ending April 30, 2026.
FISCAL IMPACT: Routine—report of City's cash and investments.
RECOMMENDATION: Staff recommends the City Council receive and file the Treasurer's Report for the month ending April 30, 2026.
MONTCLAIR CITY COUNCIL MEETING – 07/06/2026 Page 16 of 193
CITY COUNCIL
AGENDA REPORT
DATE: JULY 6, 2026
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 2
FILE I.D.: FIN540
DEPT.: FINANCE
PREPARER: A. VONG/V. FLORES
SUBJECT: CONSIDER APPROVAL AND RATIFICATION OF WARRANT REGISTERS AND PAYROLL
DOCUMENTATION
REASON FOR CONSIDERATION: The City Council is requested to consider approval and ratification of the Warrant Register and Payroll Documentation.
BACKGROUND: Mayor Pro Tem Martinez examined the Warrant Registers dated June 1, 2026, and June 15, 2026; and the Payroll Documentation dated May 17, 2026, and June 14, 2026; and recommends their approval.
FISCAL IMPACT: The City Manager authorized the Warrant Register dated June 1, 2026, totaling $902,382.41, and the Warrant Register dated June 15, 2026, totaling $1,894,724.28.
The Payroll Documentation dated May 17, 2026, totals $922,927.12 gross, with $654,481.60 net being the total cash disbursement.
The Payroll Documentation dated June 14, 2026, totals $1,152,527.16 gross, with $805,827.61 net being the total cash disbursement.
RECOMMENDATION: Staff recommends the City Council approve and ratify the above– referenced Warrant Registers and Payroll Documentation.
MONTCLAIR CITY COUNCIL MEETING – 07/06/2026 Page 17 of 193
CITY COUNCIL
AGENDA REPORT
DATE: JULY 6, 2026
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 3
FILE I.D.: FIN510
DEPT.: SA
PREPARER: C. RAMIREZ
SUBJECT: CONSIDER RECEIVING AND FILING OF TREASURER'S REPORT REASON FOR CONSIDERATION: The City Council acting as Successor to the Redevelopment Agency Board of Directors (Successor Agency Board) is requested to consider receiving and filing the Successor to the Redevelopment Agency Treasurer's Report for the month ending April 30, 2026, pursuant to state law.
BACKGROUND: Included in the Successor Agency Board’s agenda packet is a copy of the Successor to the Redevelopment Agency Treasurer's Report for the period ending April 30, 2026.
FISCAL IMPACT: Routine—report of the Successor Agency's cash.
RECOMMENDATION: Staff recommends the Successor Agency Board receive and file the Successor to the Redevelopment Agency Treasurer's Report for the month ending April 30, 2026.
MONTCLAIR CITY COUNCIL MEETING – 07/06/2026 Page 18 of 193
CITY COUNCIL
AGENDA REPORT
DATE: JULY 6, 2026
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 4
FILE I.D.: FIN530
DEPT.: SA
PREPARER: C. RAMIREZ
SUBJECT: CONSIDER APPROVAL OF WARRANT REGISTER
REASON FOR CONSIDERATION: The City Council acting as Successor to the Redevelopment Agency Board of Directors is requested to consider receiving and filing the Successor to the Redevelopment Agency Warrant Register for the month ending April 30, 2026, pursuant to state law.
BACKGROUND: Vice Chair Martinez has examined the Successor to the Redevelopment Agency Warrant Register dated 04.01.26-04.30.26 in the amounts of $10,267.74 for the Combined Operating Fund and $0.00 for the Redevelopment Obligation Retirement Funds, and finds it to be in order.
FISCAL IMPACT: Routine—report of Agency's obligations.
RECOMMENDATION: Vice Chair Martinez recommends the City Council as Successor to the Redevelopment Agency Board of Directors approve the Successor to the Redevelopment Agency Warrant Register for the period ending April 30, 2026.
MONTCLAIR CITY COUNCIL MEETING – 07/06/2026 Page 19 of 193
CITY COUNCIL
AGENDA REPORT
DATE: JULY 6, 2026
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 5
FILE I.D.: FIN525
DEPT.: MHC
PREPARER: C. RAMIREZ
SUBJECT: CONSIDER RECEIVING AND FILING OF TREASURER'S REPORT REASON FOR CONSIDERATION: The Montclair Housing Corporation Board of Directors is requested to receive and file the Montclair Housing Corporation Treasurer's Report for the month ending April 30, 2026, pursuant to state law.
BACKGROUND: Included in the Montclair Housing Corporation Board agenda packet is a copy of the Treasurer's Report for the period ending April 30, 2026.
FISCAL IMPACT: Routine—report of the Montclair Housing Corporation's cash and investments.
RECOMMENDATION: Staff recommends the Montclair Housing Corporation Board of Directors receive and file the Treasurer's Report for the month ending April 30, 2026.
MONTCLAIR CITY COUNCIL MEETING – 07/06/2026 Page 20 of 193
CITY COUNCIL
AGENDA REPORT
DATE: JULY 6, 2026
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 6
FILE I.D.: FIN545
DEPT.: MHC
PREPARER: C. RAMIREZ
SUBJECT: CONSIDER APPROVAL OF WARRANT REGISTER
REASON FOR CONSIDERATION: The Montclair Housing Corporation Board of Directors is requested to consider receiving and filing the Warrant Register for the month ending April 30, 2026, pursuant to state law.
BACKGROUND: Vice Chair Martinez has examined the Warrant Register dated 04.01.26–
04.30.26 in the amount of $101,864.61 for the Montclair Housing Corporation and finds it to be in order.
FISCAL IMPACT: Routine—report of Montclair Housing Corporation's obligations.
RECOMMENDATION: Vice Chair Martinez recommends the Montclair Housing Corporation Board of Directors approve the Warrant Register for the period ending April 30, 2026.
MONTCLAIR CITY COUNCIL MEETING – 07/06/2026 Page 21 of 193
CITY COUNCIL
AGENDA REPORT
DATE: JULY 6, 2026
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 7
FILE I.D.: FIN525
DEPT.: MHA
PREPARER: C. RAMIREZ
SUBJECT: CONSIDER RECEIVING AND FILING OF TREASURER'S REPORT REASON FOR CONSIDERATION: The Montclair Housing Authority Commission is requested to receive and file the Montclair Housing Authority Treasurer's Report for the month ending April 30, 2026, pursuant to state law.
BACKGROUND: Included in the Montclair Housing Authority Commission’s agenda packet is a copy of the Treasurer's Report for the period ending April 30, 2026.
FISCAL IMPACT: Routine—report of Montclair Housing Authority's obligations.
RECOMMENDATION: Staff recommends the Montclair Housing Authority Commission receive and file the Treasurer's Report for the month ending April 30, 2026.
MONTCLAIR CITY COUNCIL MEETING – 07/06/2026 Page 22 of 193
CITY COUNCIL
AGENDA REPORT
DATE: JULY 6, 2026
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 8
FILE I.D.: FIN545
DEPT.: MHA
PREPARER: C. RAMIREZ
SUBJECT: CONSIDER APPROVAL OF WARRANT REGISTER
REASON FOR CONSIDERATION: The Montclair Housing Authority Commission is requested to consider receiving and filing the Warrant Register for the month ending April 30, 2026, pursuant to state law.
BACKGROUND: Vice Chair Martinez has examined the Warrant Register dated 04.01.26–
04.30.26 in the amount of $0.00 for the Montclair Housing Authority and finds it to be in order.
FISCAL IMPACT: Routine—report of Montclair Housing Authority's obligations.
RECOMMENDATION: Vice Chair Martinez recommends the Montclair Housing Authority Commission approve the Warrant Register for the period ending April 30, 2026.
MONTCLAIR CITY COUNCIL MEETING – 07/06/2026 Page 23 of 193
CITY COUNCIL
AGENDA REPORT
DATE: JULY 6, 2026
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 9
FILE I.D.: PDT362
DEPT.: POLICE
PREPARER: M. BUTLER
SUBJECT: CONSIDER AUTHORIZING THE RECEIPT OF $5,521.08 FROM THE FISCAL YEAR 2025
PATRICK LEAHY BULLETPROOF VEST PARTNERSHIP PROGRAM TO ASSIST WITH THE
PURCHASE OF BALLISTIC VESTS FOR THE POLICE DEPARTMENT
REASON FOR CONSIDERATION: The City Council is requested to consider authorizing the receipt of $5,521.08 for the Fiscal Year 2025 Patrick Leahy Bulletproof Vest Partnership (BVP) Program to assist with the purchase of ballistic vests for the Police Department.
BACKGROUND: The BVP Program is administered by the Department of Justice, Office of Justice Programs, Bureau of Justice Assistance, and was created by the Bulletproof Vest Partnership Grant Act of 1998, which assists state, local, and tribal jurisdictions in purchasing body armor for sworn law enforcement officers. The BVP Program reimburses agencies for up to 50 percent of the total cost of body armor vests that comply with the most current National Institute of Justice ballistic body armor standards.
Each year, staff applies for the BVP Program to assist with the cost of ballistic vests. In May 2026, the Montclair Police Department was awarded $5,521.08, which would cover half the cost of approximately 13 vests. The Department has a mandatory–wear policy for all officers, and each ballistic vest has a five–year replacement cycle. The Department is committed to maximizing officer safety through the use of body armor in combination with prescribed safety procedures. BVP federal funds would be used to replace five– year–old vests and to issue vests to newly hired officers.
FISCAL IMPACT: If approved by the City Council, the Department would receive $5,521.08 toward the purchase of ballistic vests from the BVP Program. The Police Department’s preliminary Fiscal Year 2026–27 Budget includes funds for the purchase of ballistic body armor, and the BVP federal funds would be used to reimburse the City up to 50 percent per vest. Federal funds in this program are available until August 31, 2028, or until all available funds have been requested.
RECOMMENDATION: Staff recommends the City Council authorize the receipt of $5,521.08 from the Fiscal Year 2025 Bulletproof Vest Partnership Program to assist with the purchase of ballistic vests for the Police Department.
MONTCLAIR CITY COUNCIL MEETING – 07/06/2026 Page 24 of 193
CITY COUNCIL
AGENDA REPORT
DATE: JULY 6, 2026
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 10
FILE I.D.: PDT360
DEPT.: POLICE
PREPARER: R. DOMINGUEZ
SUBJECT: CONSIDER AUTHORIZING THE USE OF $7,500 IN STATE ASSET FORFEITURE FUNDS TO HOST THE 2026 NATIONAL NIGHT OUT EVENT
REASON FOR CONSIDERATION: The Police Department, through its Community Relations Division, is coordinating and hosting the 2026 National Night Out community event. The City Council is requested to consider authorizing the use of State Asset Forfeiture funds to purchase goods and services that are essential to its success.
BACKGROUND: The Police Department is dedicated to ensuring the safety of the Montclair community and is committed to engaging residents in dialogue about law enforcement–related responsibilities, concerns, and crime prevention. To that end, the Department, through its Community Relations Division, will coordinate and host this year’s National Night Out event at Alma Hofman Park on Tuesday, August 4th. National Night Out is an annual community–building campaign designed to promote police– community partnerships that enhance neighborhood camaraderie and build safer communities.
To encourage community involvement, this year’s event will include a photo booth, face painting, and a movie in the park, all at no cost to attendees. Popcorn, cookies, nuts, and shaved ice will be available for sale. Montclair Police and Fire Department personnel will be on hand to speak to the public and provide our youth and the "young at heart" the opportunity to see and handle some of the tools of the trade. Child ID/fingerprint kits and a host of educational and promotional materials that help guide, support, motivate, and encourage residents to take an active role in securing a safer community will be available. In addition, a portion of the funding would be used to purchase one additional movie license in support of the City’s Movie in the Park summer series leading up to National Night Out, which is also a perfect opportunity for outreach and interaction with the communities we serve as well as to promote National Night Out.
The San Bernardino County Asset Forfeiture Panel has approved the Department’s request to expend Drug and Gang Prevention funds on National Night Out 2026 and one movie-in-the-park event.
FISCAL IMPACT: Pursuant to Health and Safety Code Section 11489, 15 percent of funds distributed through State Asset Forfeiture shall be deposited in a special fund to be "used for the sole purpose of funding programs designed to combat drug abuse and divert gang activity, and shall wherever possible involve educators, parents, community–based organizations and local businesses, and uniformed law enforcement officers." The City has established State Asset Forfeiture Fund 1146 for this purpose.
If authorized by the City Council, funding for the purchase of goods and services for National Night Out and the additional movie license for the City’s Movie in the Park summer series would result in an expenditure of $7,500 from said fund.
RECOMMENDATION: Staff recommends the City Council authorize the use of $7,500 in State Asset Forfeiture funds to host the 2026 National Night Out event.
MONTCLAIR CITY COUNCIL MEETING – 07/06/2026 Page 25 of 193
CITY COUNCIL
AGENDA REPORT
DATE: JULY 6, 2026
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 11
FILE I.D.: ADM277
DEPT.: INFO. TECH.
PREPARER: J. NGUYEN
SUBJECT: CONSIDER AUTHORIZING A $12,826.39 TRANSFFER FROM THE GENERAL FUND
CONTINGENCY ACCOUNT TO THE INFORMATION TECHNOLOGY SERVICES CAPITAL
OUTLAY ACCOUNT FOR THE PURCHASE OF AN ID CARD PRINTER AND SOFTWARE FROM ADVANTIDGE, INC.
REASON FOR CONSIDERATION: The City Council is requested to authorize a $12,826.39 transfer from the General Fund Contingency Account to the Information Technology (IT) Services Capital Outlay Account for the purchase of an ID card printer and software from ADVANTIDGE, Inc.
BACKGROUND: The City’s current printer, a FARGO HDP5600, is ten years old and has reached the definitive end of its service life. Following a recent mechanical failure, IT staff conducted a thorough internal diagnostic and attempted repairs. Testing revealed that all print outputs are completely black and that the high–definition printing (HDP) ribbon mechanism consistently tears during initialization. Given the age of the unit and the extent of physical wear on its mechanical components, the printer is not repairable.
Sending the unit to an external service facility would be cost–prohibitive, as replacement parts are no longer readily available, and refurbishment costs would approach or exceed the price of a new system, without the benefit of a warranty or long–term viability.
The in–house software application previously used to design ID card templates, capture employee photographs, and transmit card data to the printer was developed internally and operates only with the legacy HDP5600 hardware. It is not compatible with current– generation printing systems and is not supported by any vendor. A commercially supported software replacement must be provided alongside the new printer to restore full ID card issuance capabilities.
The purchase of the HID FARGO HDP5000e Dual–Sided Retransfer Card Printer, paired with the Asure ID 7 Exchange enterprise software suite, from ADVANTIDGE will restore the City’s ability to produce and issue secure, photo–bearing ID badges with encoded access credentials. The HID FARGO HDP5000e is a seventh–generation retransfer printing platform from HID Global and represents the direct technological successor to the City’s legacy printer. Key benefits of this system include:
• Supply Compatibility: The HDP5000e uses the same ribbon, film, and overlaminate platform architecture as the retired HDP5600. Any remaining high– definition transfer films and card stock in the City’s current inventory can be used immediately, reducing supply waste and offsetting startup costs. • Modernized Electronics: The new unit is equipped with 1GB of RAM, compared to the 16 megabytes found in older–generation printers. This substantially improves data processing speed, eliminates print job lag, and reduces the likelihood of system errors during high–volume print runs.
MONTCLAIR CITY COUNCIL MEETING – 07/06/2026 Page 26 of 193 • Dual–Sided Printing: The dual–sided configuration allows full–color printing on both sides of a card simultaneously, eliminating manual card flipping and significantly improving throughput efficiency.
• Windows 11 Compatibility: The system is fully compatible with the City’s current operating environment, ensuring immediate deployment without technical barriers. • Four–Year Hardware Warranty: The HDP5000e includes a robust four–year warranty, providing long–term protection on the City’s investment and reducing future maintenance risks.
The Asure ID 7 Exchange software suite will replace the City’s unsupported in–house legacy application. Asure ID 7 Exchange provides a fully supported, enterprise–grade ID card design and management platform that enables photo capture, programmable data fields, and full integration with the HDP5000e printer. The software also supports direct encoding of access credentials onto ID badge chips, maintaining compatibility with the City’s existing badge scanner entry system across all municipal facilities.
ADVANTIDGE Inc. was founded in 2001 and is a nationally recognized secure identity solutions provider with over 20 years of specialized expertise in enterprise ID card systems, physical access control, and credential management for government entities.
The firm holds Gold Partner status with HID Global, the manufacturer of the FARGO HDP5000e printer, and is one of a limited number of authorized resellers qualified to provide, configure, and service HID identity management systems. ADVANTIDGE has served more than 1,400 government entities at the federal, state, and local levels, including the City of Los Angeles, Los Angeles Metro, LA Unified School District, and California State University, Dominguez Hills.
Given the specialized and proprietary nature of the HID FARGO product ecosystem, ADVANTIDGE’s standing as an authorized HID Gold Partner, the migration services required to transition from the City’s legacy in–house system, and the immediate need to procure a replacement ID card printer, competitive bidding is not practicable.
ADVANTIDGE is the most qualified and appropriate vendor to meet the City’s immediate and long–term needs for this system. For the reasons described above, ADVANTIDGE is chosen as sole–source vendor
FISCAL IMPACT: The total cost for the HID FARGO HDP5000e Dual–Sided Retransfer Card Printer, Asure ID 7 Exchange software, and associated ADVANTIDGE in–house service, training, and data migration support is $12,826.39.
Funding for this purchase is not currently appropriated within the Information Technology Services Capital Outlay Account. Staff is requesting a transfer of $12,826.39 from the General Fund Contingency Account to the Information Technology Services Capital Outlay Account (Account No. 1001–4203–62010–400–00000) to cover this expenditure.
RECOMMENDATION: Staff recommends that the City Council authorize a $12,826.39 transfer from the General Fund Contingency Account to the Information Technology Services Capital Outlay Account for the purchase of an ID card printer and software from ADVANTIDGE Inc.
MONTCLAIR CITY COUNCIL MEETING – 07/06/2026 Page 27 of 193
CITY COUNCIL
AGENDA REPORT
DATE: JULY 6, 2026
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 12
FILE I.D.: MCF175
DEPT.: MCF
PREPARER: A. COLUNGA
SUBJECT: CONSIDER APPROVAL OF THE PAYMENT FOR A ONE–YEAR SUBSCRIPTION RENEWAL OF THE ZENGINE APPLICATION SOFTWARE THROUGH WIZEHIVE, INC. FOR THE
MONTCLAIR TO COLLEGE PROGRAM
REASON FOR CONSIDERATION: The Montclair Community Foundation (MCF) Board of Directors is requested to consider approval of the purchase of a one–year subscription renewal of Zengine application software through Wizehive, Inc. for the Montclair to College (MTC) program.
BACKGROUND: The Montclair City Council dserves as the MCF Board of Directors. The vision of MCF is to work collectively and collaboratively to strengthen services and enhance the quality of life for residents by promoting health, wellness and economic stability for all including the most vulnerable in our community. The mission of MCF is to guarantee a quality community for all, by working together as diverse, committed individuals and organizations to make an impact that improves the overall well–being of the community.
A study completed by Kaiser Permanente’s Community Health Needs Assessment demonstrated communities with lower educational attainment, specifically bachelor’s degrees, also had a larger amount of negative health outcomes, including more poor mental health days, heart attack emergency room visits, higher obesity prevalence, more strokes, and higher smoking prevalence. Research has demonstrated college promise programs, like MTC, contribute to higher completion rates for students in college. Long– term evidence has shown education is an investment in reducing poverty and promoting economic mobility. In addition, college promise programs have been utilized as an evidenced based mechanism for improving college access and affordability as a solution to excessive student loan debt in the United States.
Created in 1998, the Montclair to College program is one of the first of its kind college promise programs. Currently, through a collaboration with Chaffey Joint Union High School District and Chaffey College, MTC offers Montclair High School (MHS) students a unique opportunity for students to receive a full scholarship to Chaffey College. This MTC scholarship includes full tuition, books, parking, and other fees. Every Montclair High School (MHS) student that completes their MTC application in 12th grade, graduates without significant disciplinary action, has a minimum of 2.0 grade point average (GPA), and completes twenty hours of community service at a non–profit is eligible to receive the scholarship. MTC provides MHS students and their families with resources and support to navigate into higher education.
MONTCLAIR CITY COUNCIL MEETING – 07/06/2026 Page 28 of 193 At the MCF Board meeting on June 18, 2018, an agreement was approved for a subscription to the Zengine software through Wizehive, Inc. to provide a cloud application software for Montclair to College applicants. This online application system, the MTC portal, has allowed for streamlined communication with students and their families about their status in the program, outstanding requirements, and their eligibility to receive the scholarship at the end of their senior year at Montclair High School.
Through the utilization of the Zengine software, staff has created an online MTC portal.
Any MHS student can begin their application throughout their time at MHS, they do not have to wait for their senior year. When creating an account in the MTC portal, Students are required to enter a profile of basic information. At any time, MHS students can begin their application and enter their community service hours. This helps students to keep track of their community service hours to ensure they meet the twenty hour minimum by the deadline their senior year. Once a student enters their community service hours in the MTC portal, the system automatically emails their supervisor to verify the hours are correct and it allows the student to submit a signed copy of their community service log electronically. If the supervisor wishes to approve the students community service hours electronically, the supervisor can do so with a short online form. At the end of the 2025–2026 school year, 693 current MHS students (9th through 12th grades) created profiles in the MTC portal. In total, nearly 3,000 students have registered to use the MTC portal since the start of the online program.
In addition, the online portal has allowed for more efficient communication with MHS.
City Staff are able to give MHS staff limited access to the portal to allow them to answer student questions about their application status. Through the back end of the MTC portal, it allows City Staff to send MHS staff a list of graduating applicants to review to verify their eligibility including their grade level, GPA, and four year enrollment status.
After eight successful school years using the Zengine software, staff recommends renewing the service for another year. At the initiation of the agreement, staff solicited three bids for cloud application service. Based on proposals and meetings with three companies, Human Services Department staff, along with the Director of Information Technology, recommended the Wizehive software. Staff recommends continuing with Wizehive, Inc. to allow for program continuity.
FISCAL IMPACT: Should the Montclair Community Foundation Board approve of the payment for a one–year subscription renewal, MCF will pay Wizehive, Inc, $8,933.98 for the software license agreement through donations received for Montclair to College. The term of the subscription renewal is July 1, 2026, through June 30, 2027.
RECOMMENDATION: Staff recommends the Montclair Community Foundation Board approve the payment of a one–year subscription renewal of the Zengine application software through Wizehive, Inc. for the Montclair to College Program.
MONTCLAIR CITY COUNCIL MEETING – 07/06/2026 Page 29 of 193
CITY COUNCIL
AGENDA REPORT
DATE: JULY 6, 2026
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 1
FILE I.D.: HSV020
DEPT.: HUMAN SVCS.
PREPARER: A. COLUNGA
SUBJECT: CONSIDER APPROVAL OF AGREEMENT NO. 26–32 WITH MISHA L. PENN TO PROVIDE
GRANT MANAGEMENT AND FISCAL COMPLIANCE SERVICES FOR THE HUMAN
SERVICES DEPARTMENT
REASON FOR CONSIDERATION: The City Council is requested to consider approval of Agreement No. 26–32 for contracted services with Misha L. Penn to provide grant management and fiscal compliance services for the Human Services Department.
A copy of proposed Agreement No. 26–32 is attached for City Council review and consideration.
BACKGROUND: Healthy Montclair is part of a countywide effort to improve the health and well–being of all county residents by creating healthy environments and promoting healthy life choices. The purpose of the Healthy Montclair Initiative is to achieve an excellence in quality of life for those who live, work, learn, play, eat, and shop in Montclair. Healthy Montclair defines health as a state of complete physical, mental, and social flourishing and not merely the absence of disease or infirmity.
As part of the Healthy Montclair Initiative, the Human Services Department applies for and receives grant funding for various programs from private foundations, San Bernardino County, and the State of California – some of which include Federal Funding.
For the past twelve years, Misha Penn has supported the Human Services Department in its grant management and fiscal compliance. Misha Penn has a bachelor’s degree in Business Administration and a combined thirty–seven years of experience in contract management, grant compliance, program finance, and project implementation covering public, private, and non–profit sectors. Under this proposed contract services agreement, Misha L. Penn will continue to support the Human Services Department as an independent contractor.
FISCAL IMPACT: This contractual obligation of $36,000 will be funded with existing Human Services Department grant budgets allocated and approved within the fiscal year 2026–2027 Human Services Department budget. Should the City Council approve Agreement No. 26–32, there will be no adverse impact to the City’s General Fund. The term of proposed Agreement No. 26–32 is July 1, 2026 through June 30, 2027.
RECOMMENDATION: Staff recommends the City Council approve Agreement No. 26–32 with Misha L. Penn to provide grant management and fiscal compliance services for the Human Services Department.
MONTCLAIR CITY COUNCIL MEETING – 07/06/2026 Page 30 of 193 Agreement No. 26-32
1 CITY OF MONTCLAIR
AGREEMENT FOR CONSULTANT SERVICES
HUMAN SERVICES - PROGRAM FISCAL AND CONTRACT COMPLIANCE THIS AGREEMENT is made and effective as of July 1, 2026 between the City of Montclair, a municipal corporation (“City”) and Misha L. Penn, a California sole proprietor (“Consultant”). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:
1. TERM
This Agreement shall commence on July 1, 2026 and shall remain and continue in effect for a period of 12 months until tasks described herein are completed, but in no event later than June 30, 2027 unless sooner terminated pursuant to the provisions of this Agreement.
2. SERVICES
Consultant shall perform the tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A.
3. PERFORMANCE
Consultant shall at all times faithfully, competently and to the best of his/her ability, experience and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement.
4. CITY MANAGEMENT
City’s Human Services Director shall represent City in all matters pertaining to the administration of this Agreement, review and approval of all products submitted by Consultant, but not including the authority to enlarge the Tasks to be Performed or change the compensation due to Consultant. City’s Human Services Director shall be authorized to act on City’s behalf and to execute all necessary documents which enlarge the Tasks to be Performed or change Consultant’s compensation, subject to Section 5 hereof.
5. PAYMENT
(a) The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, attached hereto and incorporated herein by this reference as though set forth in full. This amount is subject to receipt of grant funding and shall not exceed $36,000 for the total term of the Agreement unless additional payment is approved as provided in this Agreement.
MONTCLAIR CITY COUNCIL MEETING – 07/06/2026 Page 31 of 193 Agreement No. 26-32
2 (b) Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager.
Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City’s written authorization is given to Consultant for the performance of said services. The City Manager may approve additional work not to exceed ten percent (10%) of the amount of the Agreement. Any additional work in excess of this amount shall be approved by the City Council. (c) Consultant agrees that, in no event shall City be required to pay to Consultant any sum in excess of ninety-five percent (95%) of the maximum payable hereunder prior to receipt by City of all final documents, together with all supplemental technical documents, as described herein acceptable in form and content to City. Final payments shall be made no later than sixty (60) days after presentation of final documents and acceptance thereof by City.
6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE (a) The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement, such suspension or termination shall not make void or invalidate the remainder of this Agreement. (b) In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant on a pro-rata basis the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City.
7. DEFAULT OF CONSULTANT
(a) The Consultant’s failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant’s control, and without fault or negligence of the Consultant, it shall not be considered a default.
(b) If the City Manager or his/her delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, he/she shall cause to be served upon the Consultant a written notice of the default. The Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.
MONTCLAIR CITY COUNCIL MEETING – 07/06/2026 Page 32 of 193 Agreement No. 26-32
3 8. OWNERSHIP OF DOCUMENTS
(a) Consultant shall maintain complete and accurate records with respect to billed time, sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records; shall give City the right to examine and audit said books and records; shall permit City to make transcripts therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. (b) Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, claims, applications, computer files, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused, or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files, Consultant shall make available to the City, at the Consultant’s office and upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files.
9. INDEMNIFICATION
(a) Defense, Indemnity and Hold Harmless. Consultant shall defend, indemnify, and hold harmless the City, its present and former officers, directors, employees, agents, staff, volunteers, mayor, council, boards, committees, and representatives, as broadly interpreted (collectively, the “Indemnified Parties”), of and from all claims, suits, demands, obligations, losses, damages, sums, or any other matters threatened or presently asserted, including but not limited to all legal fees, costs of defense and litigation expenses (including legal fees, expert fees and any other costs or fees, including those of adverse parties imposed on or sought against the Indemnified Parties), arising directly or indirectly out of any liability or claim of loss or liability for personal injury, bodily injury to persons, contractual liability, errors or omissions, breach, failure to perform, damage to or loss of property, or any other loss, damage, injury or other claim of any kind or nature arising out of the work to be performed by Consultant herein, caused by or arising out of the negligent acts or omissions, or intentional misconduct of Consultant, including its subcontractors, employees, agents, and other persons or entities performing work for Consultant.
(b) Contractual Indemnity. To the fullest extent permitted under California law, Consultant shall contractually indemnify, defend and hold harmless the Indemnified Parties from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses, amounts for good faith settlement, or costs of any kind, whether actual, alleged or threatened, including attorney’s fees and costs, court costs, interest, defense costs, and MONTCLAIR CITY COUNCIL MEETING – 07/06/2026 Page 33 of 193 Agreement No. 26-32
4 expert witness fees and costs), arising out of or related to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to Consultant’s officers, agents, representative, employees, independent Consultants, subconsultants/subcontractors or affiliated or related entities and/or its or their employees, agents and representatives, caused by or arising out of all negligent acts or omissions, or intentional misconduct of Consultant, including its subconsultants/subcontractors, employees, agents and other persons or entities performing work for Consultant. Indemnification shall include any claim that Consultant, or Consultant’s employees or agents, are or may be considered and treated as employees of the City or are entitled to any employee benefits from City including but not limited to those available under Public Employees Retirement Law. The obligation to indemnify, defend and hold harmless the Indemnified Parties shall apply to all liability as defined above regardless of whether the Indemnified Parties were or are alleged to have been negligent, except that it shall not apply to claims arising from the sole negligence or willful intentional misconduct of the Indemnified Parties. Consultant’s obligation to defend the Indemnified Parties is not contingent upon there being an acknowledgement of or determination of the merit of any claims, liability, demands, causes of action, suits, losses, expenses, errors, omissions and/or costs. (c) Subconsultants/subcontractors and Indemnification. Consultant agrees to and shall obtain executed indemnity agreements in favor of the Indemnified Parties with provisions identical to those set forth from each and every Subconsultant, Subcontractor, or other person or entity involved by, for, with, or on behalf of Consultant in the performance of any aspect of this Agreement. In the event Consultant fails to obtain such indemnity obligations, Consultant shall be fully responsible for each and every Subconsultant, Subcontractor or other person or entity in terms of defense, indemnity and hold harmless obligations in favor of the Indemnified Parties as set forth above. This obligation to indemnify and defend the Indemnified Parties is binding on the successors, assigns, or heirs of Consultant and shall survive the full performance or termination of this Agreement. These indemnification provisions are independent of and shall not in any way be limited or superseded by the insurance requirements and insurance-related provisions of this Agreement.
(d) City Lost or Damaged Property – Theft. Consultant further agrees to pay or cause to be paid to the Indemnified Parties’ benefit, any and all damages, fines, penalties, and loss or theft of property of the City arising out of or related in any way to the negligent acts or omissions or intentional misconduct of Consultant or of Consultant’s officers, agents, representatives, employees, independent contractors, subconsultants or affiliated or related entities and/or its or their employees, agents and representatives, whether such actions, omissions to act, negligence or intentional conduct is or was authorized by this Agreement or not. City assumes no responsibility whatsoever for any property placed on the premises of City. Consultant further agrees to waive all rights of subrogation against the Indemnified Parties.
(e) Non-Waiver and Non-Exhaustion of City’s Further Rights and Remedies. No aspect of this provision shall in any way limit or effect the rights of the Indemnified Parties against the Consultant under the terms of this Agreement or otherwise. The indemnification provisions shall apply regardless of whether this MONTCLAIR CITY COUNCIL MEETING – 07/06/2026 Page 34 of 193 Agreement No. 26-32
5 Agreement is executed after Consultant begins the work and shall extend to claims arising after this Agreement is performed or terminated, including a dispute as to the termination of Consultant. The indemnity obligations of Consultant shall continue until it is determined by final judgment that the claim against the City and any Indemnified Parties is determined by final judgment and after exhaustion of any rights of appeal. Further, no aspect of this provision shall impact the City’s rights to contribution from Consultant, or for the City to dispute Consultant’s refusal to defend and indemnify City. (f) Limitations on Scope of Indemnity. Notwithstanding the foregoing, Consultant shall not be responsible for indemnification for claims or losses caused by the sole negligence or intentional wrongdoing of Indemnified Parties. Further, the indemnity provided shall be interpreted as broadly as permitted under California law and as to agreements between parties and shall if required be reformed to be consistent with those laws to protect and save this provision for the protection of the Indemnified Parties. (g) The obligations of Consultant under this or any other provision of this Agreement shall not be limited by the provisions of any workers’ compensation act or similar act. The Consultant expressly waives any statutory immunity under such statutes or laws as to the Indemnified Parties. The Consultant’s indemnity obligation set forth in this Section 9 shall not be limited by the limits of any policies of insurance required or provided by the Consultant pursuant to this Agreement.
(h) The Consultant’s covenant under this Section 9 shall survive the expiration or termination of this Agreement.
10. INSURANCE
(a) Types of Required Coverages
Without limiting the indemnity provisions of the Contract, the Consultant shall procure and maintain in full force and effect during the term of the Contract, the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so.
(1) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 0001 covering “Any Auto” (Symbol 1), including owned, non-owned and hired autos, or the exact equivalent, with minimum limits of $100,000 for bodily injury and property damage, each accident. If Consultant owns no vehicles, auto liability coverage may be provided by means of a non-owned and hired auto endorsement to the general liability policy. Automobile liability insurance and endorsements shall be kept in force at all times during the performance of this Agreement.
(2) Workers’ Compensation: If applicable, Workers’ Compensation Insurance, as required by the State of California and Employer’s Liability Insurance with a limit of not less than $1,000,000 each accident for bodily injury and $1,000,000 each employee for bodily injury by disease.
MONTCLAIR CITY COUNCIL MEETING – 07/06/2026 Page 35 of 193 Agreement No. 26-32
6 (b) Endorsements
Insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval.
(1) The insurance coverages required by Section (a)(1) Automobile Liability Insurance shall contain the following provisions or be endorsed to provide the following:
Additional Insured: The City, its elected officials, officers, employees, volunteers, boards, agents and representatives shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Contract. Coverage for the additional insureds shall apply to the fullest extent permitted by law.
Additional Insured Endorsements shall not:
1. Be limited to “Ongoing Operations”
2. Exclude “Contractual Liability”
3. Restrict coverage to the “Sole” liability of consultant
4. Exclude “Third-Party-Over Actions”
5. Contain any other exclusion contrary to the Contract) (2) The policy or policies of insurance required by Section (a)(2) Workers’ Compensation shall be endorsed, as follows:
Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the indemnified parties.
(c) Notice of Cancellation
Required insurance policies shall not be cancelled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.
11. INDEPENDENT CONTRACTOR
(a) Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control and shall not be construed to be employees of City for any purpose, including eligibility under Public Employees Retirement Law. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of Consultant’s officers, employees, or agents, except as set forth in this Agreement.
Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the City.
Consultant shall not incur or have the power to incur any debt, obligation, or liability whatever against City, or bind City in any manner.
MONTCLAIR CITY COUNCIL MEETING – 07/06/2026 Page 36 of 193 Agreement No. 26-32
7 (b) No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement City shall not pay salaries, wages, or other compensation or benefits to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder.
(c) In regard to the professional services provided by Consultant and defined in Exhibit “A,” City and Consultant specifically agree as follows:
(1) While Consultant may perform certain services at the premises of City, Consultant is not required to do so and may perform services at her separate business location.
(2) With the exception of agreed upon project completion dates and the agreement the Consultant will be available at reasonable business hours, the Consultant shall have the ability to set his/her own hours of operation.
(3) Consultant represents that the services he/she performs under this Agreement are the same services Consultant is customarily engaged in his/her business. City acknowledges that Consultant does not perform services exclusively for City and that Consultant performs or is available to perform these same services to other clients.
(4) Consultant will use his/her own discretion and independent judgment in the performance of the services rendered for City under the terms of this Agreement.
12. LEGAL RESPONSIBILITIES
Consultant shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its services pursuant to this Agreement. Consultant shall at all times observe and comply with all such laws and regulations. City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this Section.
13. UNDUE INFLUENCE
Consultant declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of the City of Montclair in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of the City of Montclair will receive compensation, directly or indirectly, from Consultant, or from any officer, employee or agent of Consultant, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement.
Violation of this Section shall be a material breach of this Agreement entitling the City to any and all remedies at law or in equity.
MONTCLAIR CITY COUNCIL MEETING – 07/06/2026 Page 37 of 193 Agreement No. 26-32
8 14. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES
No member, officer, or employee of City, or their designees or agents, and no public official who exercises authority over or responsibilities with respect to the Project during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for work to be performed in connection with the project performed under this Agreement.
15. RELEASE OF INFORMATION/CONFLICTS OF INTEREST
(a) All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City’s prior written authorization. Consultant, its officers, employees, agents, or subconsultants, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, responses to interrogatories, or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives City notice of such court order or subpoena.
(b) Consultant shall promptly notify City should Consultant, its officers, employees, agents or subconsultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, requests for admissions, or other discovery request, court order, or subpoena from any person or party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing, or similar proceeding.
Consultant agrees to cooperate fully with City and to provide the opportunity to review any response to discovery requests provided by Consultant. However, City’s right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.
(c) Consultant covenants that neither he/she nor any office or principal of their firm have any interest in, or shall acquire any interest, directly or indirectly, which will conflict in any manner or degree with the performance of their services hereunder.
Consultant further covenants that in the performance of this Agreement, no person having such interest shall be employed by them as an officer, employee, agent or subconsultant.
Consultant further covenants that Consultant has not contracted with nor is performing any services, directly or indirectly, with any developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) owning property in the City or the study area and further covenants and agrees that Consultant and/or its subconsultants shall provide no service or enter into any agreement or agreements with a/any developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) owning property in the City or the study area prior to the completion of the work under this Agreement.
MONTCLAIR CITY COUNCIL MEETING – 07/06/2026 Page 38 of 193 Agreement No. 26-32
9 16. NOTICES
Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, which provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by notice:
To City: Marcia Richter
Human Services Director
City of Montclair
5111 Benito Street
Montclair, CA 91763
To Consultant: Misha L. Penn
808 Cloverview Drive
Glendora, CA 91741
17. ASSIGNMENT
The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Because of the personal nature of the services to be rendered pursuant to this Agreement, only Misha L. Penn, shall perform the services described in this Agreement.
Consultant’s responsible employee may use assistants, under his direct supervision, to perform some of the services under this Agreement. Consultant shall provide City fourteen (14) days’ notice prior to the departure of the responsible employee from Consultant’s employ. Should he leave Consultant’s employ, the City shall have the option to immediately terminate this Agreement, within three (3) days of the close of said notice period. Upon termination of this Agreement, Consultant’s sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant.
18. LICENSES
At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement, including a City of Montclair business license.
19. GOVERNING LAW
The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation MONTCLAIR CITY COUNCIL MEETING – 07/06/2026 Page 39 of 193 Agreement No. 26-32
10 concerning this Agreement shall take place in the municipal, superior, or federal district court with jurisdiction over the City of Montclair.
20. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party’s own independent investigation of any and all facts such party deems material.
21. CONFIDENTIALITY
Information and materials obtained by the Consultant from City during the performance of this Agreement shall be treated as strictly confidential and shall not be used by the Consultant for any purpose other than the performance of this Agreement.
22. DISCRIMINATION
The Consultant agrees that no person shall be excluded from employment in the performance of this Agreement on grounds of race, creed, color, sex, age, marital status, or place of national origin. In this connection, the Consultant agrees to comply with all County, State and Federal laws relating to equal employment opportunity rights.
23. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of Consultant warrants and represents that he/she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder.
[Signatures on Following Page]
MONTCLAIR CITY COUNCIL MEETING – 07/06/2026 Page 40 of 193 Agreement No. 26-32
11 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.
CITY OF MONTCLAIR CONSULTANT
By: By:
Javier John Dutrey, Mayor Misha L. Penn, Consultant
Date: Date:
Attest:
By:
Andrea M. Myrick, City Clerk
Approved
as to Form:
By:
Diane E. Robbins, City Attorney
MONTCLAIR CITY COUNCIL MEETING – 07/06/2026 Page 41 of 193 Agreement No. 26-32
12 EXHIBIT A
During the term of this Agreement and in accordance with Section 2, CONSULTANT shall provide the services described below:
a) Share technical expertise and provide guidance to the Human Services staff on the basics of public and private contracting, contract administration, project management, cost control, and project scheduling.
b) Support and advise Human Services staff on action planning including prioritization and identification of best practices to consider for department activities, projects, and grant–funded programs.
c) Provide guidance and technical assistance for grant contract and subcontract compliance including requirements unique to state and federally-funded fixed price and cost reimbursement contract types, which may include but are not limited to the County of San Bernardino’s Department of Aging and Adult Services, the California Office of Traffic Safety, the Southern California Association of Governments, as well as other private foundations. d) Provide guidance and technical assistance in drafting agreements/subcontracts and proper flowdown of contract requirements. e) Provide guidance and technical assistance for grant proposals/applications and grant fiscal reporting.
f) Support preparation for grant contract administrative and fiscal compliance monitoring.
g) Support and advise on short–term capacity building priorities for Human Services’ staff.
h) Support and advise on mid–term capacity building priorities for marketing, communications, training, adaptability to change, and basic infrastructure issues.
MONTCLAIR CITY COUNCIL MEETING – 07/06/2026 Page 42 of 193 Agreement No. 26-32
13 EXHIBIT B
Payment Schedule
Month Amount
July $3,000.00
August $3,000.00
September $3,000.00
October $3,000.00
November $3,000.00
December $3,000.00
January $3,000.00
February $3,000.00
March $3,000.00
April $3,000.00
May $3,000.00
June $3,000.00
Total $36,000.00
MONTCLAIR CITY COUNCIL MEETING – 07/06/2026 Page 43 of 193
CITY COUNCIL
AGENDA REPORT
DATE: JULY 6, 2026
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 2
FILE I.D.: HSV044
DEPT.: HUMAN SVCS.
PREPARER: A. COLUNGA
SUBJECT: CONSIDER APPROVAL OF AGREEMENT NO. 26–33 WITH ONTARIO–MONTCLAIR
SCHOOL DISTRICT TO PROVIDE CASE MANAGEMENT SERVICES
REASON FOR CONSIDERATION: The City Council is requested to consider approval of Agreement No. 26–33 with Ontario–Montclair School District (OMSD) to continue to provide case management services.
A copy of proposed Agreement No. 26–33 is attached for City Council review and consideration.
BACKGROUND: In December 1999, the City Council approved Agreement No. 99–108 with OMSD to provide licensed clinical social worker (LCSW) services for the Montclair Community Collaborative's (MCC) case management program. This original contract was designed as a partnership between the City of Montclair and OMSD whereby each agency contributes a portion of the salary and benefits for the LCSW position.
OMSD has reorganized and MCC is now the Health & Wellness Department. Further, the partnership has expanded with OMSD’s Case Management program, with two Clinical Supervisors and various social work interns now providing services to the City. The Case Management Program works with other service delivery providers to intervene and assist at–risk children and adults in the Montclair community. Through the case management system and coordination of services with other professionals including Police and Code Enforcement Officers, Child or Adult Protective Services, community–based organizations, and mental health professionals, there is a higher level of effectiveness and less duplication of services. In addition, the case management program will provide emergency case management services as needed to Human Services programs beyond the normal operating hours of the school district, as needed.
FISCAL IMPACT: Should the City Council approve Agreement No. 26–33, the City’s contractual obligation for the case management program will be $5,000 per month at a total cost of $60,000 for the term of the agreement. The funding for proposed Agreement No. 26–33 was allocated and approved within the fiscal year 2026–2027 Human Services Department budget. The term of proposed Agreement No. 26–33 is July 1, 2026, through June 30, 2027.
RECOMMENDATION: Staff recommends the City Council approve Agreement No. 26–33 with OMSD to provide case management services.
MONTCLAIR CITY COUNCIL MEETING – 07/06/2026 Page 44 of 193 Agreement No. 26-33
CITY OF MONTCLAIR
AGREEMENT FOR CONSULTANT SERVICES
THIS AGREEMENT is made and entered into this 1st day of July 2026 by and between the City of Montclair, hereinafter referred to as the “CITY,” and the Ontario-Montclair School District, hereinafter referred to as the “CONSULTANT.”
1. Services To Be Performed by CONSULTANT.
(a) CONSULTANT agrees to perform the services as set forth in Exhibit “A” to this Agreement on the dates and times mutually agreed upon by CONSULTANT and CITY. (b) CONSULTANT may, at CONSULTANT’s own expense, employ such assistants as CONSULTANT deems necessary to perform the services required of CONSULTANT by this Agreement.
(c) CONSULTANT is, and shall at all times be deemed to be an independent contractor, and shall be responsible for determining the sequence, method, details and manner in which it performs those services required under the terms of this Agreement. Nothing herein contained shall be construed as creating a relationship of employer and employee, or principal and agent, between CITY and CONSULTANT’s agent or employees. CONSULTANT assumes exclusively the responsibility for the acts of its employees or agents as they relate to services to be provided during the course and scope of their employment, CONSULTANT, its agents and employees, shall not be entitled to any rights and/or privileges of CITY’s employees and shall not be considered in any manner to be CITY’s employees.
2. Compensation.
(a) Except as otherwise provided in the Agreement, CITY agrees to compensate CONSULTANT for services rendered under the Agreement in the total amount of $5,000 per month. (b) CITY will pay no additional amount for travel or other expenses of CONSULTANT under this Agreement.
(c) CONSULTANT will invoice CITY for each month of service through the contract term.
(d) CITY will not withhold any federal or state income tax for payment made pursuant to this Agreement, but will provide CONSULTANT with a statement of earnings at the end of each calendar year. CONSULTANT is hereby advised that such statement of earnings shall, if required, be provided to the Internal Revenue Service and the State Franchise Tax Board.
3. Term of Agreement
The term of this Agreement is from July 1, 2026 through June 30, 2027, unless sooner terminated, pursuant to the provisions of Section 6 of this Agreement. CITY and CONSULTANT may mutually agree in writing to extend the term of this Agreement provided, however, CITY shall not be obligated to pay CONSULTANT any additional consideration unless CONSULTANT undertakes additional services, in which instance the consideration shall be increased as CITY and CONSULTANT shall agree in writing.
MONTCLAIR CITY COUNCIL MEETING – 07/06/2026 Page 45 of 193 Agreement No. 26-33
4. Obligations of CONSULTANT.
(a) During the term of this Agreement, CONSULTANT agrees to diligently prosecute the work specified in the attached “Description of Services” to completion. CONSULTANT may represent, perform services for, and be employed by such additional clients, persons, or companies as CONSULTANT, in CONSULTANT’s sole discretion, sees fit. (b) At all times during the term of this Agreement, CONSULTANT agrees to provide workers’ compensation insurance for CONSULTANT’s employees and agents as required by law. CONSULTANT shall comply with all federal, state and local laws and ordinances applicable to the work to be performed under this Agreement.
(c) CONSULTANT shall defend, indemnify and hold CITY and its Council Members, officers, employees, agents and staff harmless from and against any and all liability, loss, expense (including reasonable attorney’s fees), claims for injury or damages arising out of the performance of or in connection with this agreement, but only in proportion to and to the extent such liability, loss, expense, attorney’s fees, or claims for injury or damages are caused by or result from the improper conduct and/or negligence or intentional acts or omissions of CONSULTANT, its officers, employees, agents or staff.
(d) Neither this Agreement nor any duties or obligations under this Agreement may by assigned by CONSULTANT without the prior written consent of CITY.
5. Obligations of CITY.
(a) CITY agrees to comply with all reasonable requests by CONSULTANT and to provide access to all documents reasonably necessary for the performance of CONSULTANT’s duties under this Agreement.
(b) CITY shall defend, indemnify and hold CONSULTANT and its Board Members, officers, employees, agents and staff harmless from and against any and all liability, loss, expense (including reasonable attorney’s fees), claims for injury or damages arising out of the performance of or in connection with this agreement, but only in proportion to and to the extent such liability, loss, expense, attorney’s fees, or claims for injury or damages are caused by or result from the improper conduct and/or negligence or intentional acts or omissions of CITY, its officers, employees, agents or staff.
6. Termination of Agreement.
(a) Unless otherwise terminated as provided below, this Agreement shall continue in force during the term of the Agreement, or until the services provided for herein have been fully and completely performed, whichever shall occur first, and shall thereupon terminate. (b) Should CONSULTANT default in the performance of this Agreement or breach any of its provisions, CITY may terminate this Agreement by giving written 90-day notification to CONSULTANT.
(c) If at any time during the performance of this Agreement CITY determines, at its sole discretion, to suspend indefinitely or abandon the work under this Agreement, CITY shall have the right to terminate the performance of CONSULTANT’s services hereunder by giving written notification to CONSULTANT of its intention to terminate.
MONTCLAIR CITY COUNCIL MEETING – 07/06/2026 Page 46 of 193 Agreement No. 26-33
(d) In the event that CITY terminates this Agreement under paragraph (b) or (c) of this Section, CONSULTANT shall only be paid for those services rendered to the date of termination. All cash deposits made by CITY to CONSULTANT, if any, shall be refundable to CITY in full termination of this Agreement unless specified to the contrary below.
7. General Provisions.
(a) Any notices to be given hereunder by either party to the other may be effected either by personal delivery in writing or by mail, registered or certified, postage prepaid with return receipt requested. Notices shall be deemed given and served upon delivery personally, or three (3) days after depositing in the United States Mail. Mailed notices shall be addressed to the parties at the addresses set forth in this Agreement for CITY and CONSULTANT. The foregoing addresses may be changed by written notice to the other party as provided herein. (b) CITY and CONSULTANT mutually agree that for copyright purposes, any written material or any copyrightable work of any nature created by CONSULTANT pursuant to this Agreement shall be owned by CONSULTANT and shall not be considered a “work made for hire” as such term is defined in Title 17 of the United States Code, Section 101, and that CITY shall own all of the rights comprised in the copyright of said written material or copyrightable work. (c) This Agreement supersedes any and all agreements either oral or written, between the parties hereto with respect to the rendering of services by CONSULTANT and contains all of the covenants and agreements between the parties with respect to the rendering of such services in any matter whatsoever. Each party to this Agreement acknowledges that no representations, inducements, promises, or agreements, orally or otherwise, have been made by any party or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, statement or promises not contained in this Agreement shall be valid or binding. Any modification of this Agreement will be effective only if it is in writing, signed by both parties, except CITY may unilaterally amend the Agreement to accomplish the changes listed below:
1. Increase dollar amount;
2. Administrative changes; and
3. Changes as required by law.
(d) If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way.
(e) This Agreement shall be governed by and construed in accordance with the laws of the State of California.
(f) Pursuant to and in accordance with the provisions of Government Code Section 8546.7, or any amendment thereto, all books, records and files of CITY, CONSULTANT, or any subcontractor connected with the performance of this Agreement involving the expenditure of public funds in excess of Ten Thousand Dollars ($10,000), including, but not limited to the administration thereof, shall be subject to the examination and audit of the State Auditor or the State of California, at the request of CITY or as part of any audit of CITY, for a period of three (3) years after final payment is made under this Agreement. CONSULTANT shall preserve and cause to be preserved such books, records and files for the audit period. (g) Each person executing this Agreement warrants that he or she has the authority to so execute this Agreement and that no further approval of any kind is necessary to bind the parties hereto.
MONTCLAIR CITY COUNCIL MEETING – 07/06/2026 Page 47 of 193 Agreement No. 26-33
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first written.
“CITY” “CONSULTANT”
City of Montclair Ontario-Montclair School District
5111 Benito Street 950 West “D” Street
Montclair, CA 91763 Ontario, CA 91762
(909) 626-8571 (909) 445-2500
By: By:
Javier John Dutrey Phil Hillman
Mayor Chief Business Office
Date: Date:
ATTEST:
__
Andrea Myrick
City Clerk
Date of City Council Approval:
END OF AGREEMENT FOR CONSULTANT SERVICES
MONTCLAIR CITY COUNCIL MEETING – 07/06/2026 Page 48 of 193 Agreement No. 26-33
Exhibit A
Description of Services
Services to be initiated through the attached agreement will be performed through the OntarioMontclair School District Health & Wellness Department, formerly Montclair Community Collaborative (MCC). The following description of services specify the scope of work for CONSULTANT which include:
1) Assist CITY with coordination of the case management system by working with CITY staff from all departments. Primary CITY interactions will occur through the Human Services Department.
a. The main contact will be the Clinical Services Supervisors between 7:30 a.m. - 4:30 p.m.
Monday through Friday. If services are needed after 4:30 p.m., CITY Staff will contact Cara Molina, the Executive Director of the Health & Wellness Department at (909) 717-7247 or via email at [email protected].
2) Follow all protocol, mandates, and confidentiality laws while providing case management services and receiving referrals through designated CITY staff. 3) Work with school district, County, and other service providers to implement case management services.
4) Process assessment and intakes for referred individuals and gather necessary information from referring CITY staff, school, family members, and other service providers as needed.
Maintain appropriate records.
5) Provide triage for counseling services as needed.
6) Oversee the extension of services through the supervision of bachelors' level interns. Interns will provide allied case management services.
7) Provision of services will occur through the CITY’s Human Services Department as needed. 8) Monthly service delivery meetings will occur between the Case Manager and the CITY’s Human Services Director or designee.
MONTCLAIR CITY COUNCIL MEETING – 07/06/2026 Page 49 of 193
CITY COUNCIL
AGENDA REPORT
DATE: JULY 6, 2026
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 3
FILE I.D.: HSV105
DEPT.: HUMAN SVCS.
PREPARER: A. COLUNGA
SUBJECT: CONSIDER APPROVAL OF AGREEMENT NO. 26–34 WITH CATERING SYSTEMS, INC.
TO PROVIDE MEALS FOR THE CITY’S SENIOR CITIZEN NUTRITION PROGRAM REASON FOR CONSIDERATION: The City Council is requested to consider approval of Agreement No. 26–34 with Catering Systems, Inc. to provide meals for the City’s Senior Citizen Nutrition program. A copy of proposed Agreement No. 26–34 is attached for City Council review and consideration.
BACKGROUND: On June 6, 2022, the City Council approved Agreement No. 22–57 with the San Bernardino County Department of Aging and Adult Services – Public Guardian (DAAS–PG) to provide a three–year Senior Citizen Nutrition Program for participants aged 60 and over at the Montclair Senior Center. An amendment to that agreement with DAAS– PG extends the term for one additional year.
The Human Services Department is managing and operating the nutrition program with grant funds awarded by DAAS–PG.
The Human Services Department recommends a subcontract with Catering Systems, Inc. for nutrition program meals. City Staff have had difficulty in finding other meal providers that serve high quality food and that will work within the extensive DAAS–PG requirements. In the past, staff requested recommendations for meal providers from DAAS–PG and the majority of other cities are served by one organization and when City Staff looked into other caterers, unfortunately, they are significantly higher in cost and subjectively lower in quality.
In order to maintain the current program standards, Human Services is recommending that the City subcontract with Catering Systems, Inc. for Fiscal Year 2026–2027. Should the Council approve Agreement No. 26–34, Catering Systems, Inc. would continue to deliver prepared meals every weekday until June 30, 2027, excluding holidays. The meal cost will be $7.00 per meal—a 55–cent increase from FY 2025–2026. All of these costs will be covered by the existing cost reimbursement DAAS–PG grant.
The suggested participant contribution for meals is $3.00, as required by DAAS. The funding for the meal cost would be paid through participant contributions and funding from Agreement No. 22–57 with DAAS–PG that was approved by the City Council on June 6, 2022. Note that the DAAS–PG contract had a three–year term and has been extended for one additional year, covering the period from July 1, 2022, to June 30, 2027.
FISCAL IMPACT: There will be no cost to the General Fund as a result of this agreement to provide the Senior Nutrition meals. All of these costs will be one hundred percent grant funded under Agreement No. 22–57 with DAAS. The term of proposed Agreement No. 26–34 with Catering Systems, Inc. is July 1, 2026, through June 30, 2027.
RECOMMENDATION: Staff recommends City Council approve Agreement No. 26–34 with Catering Systems, Inc. to provide meals for the City’s Senior Citizen Nutrition program.
MONTCLAIR CITY COUNCIL MEETING – 07/06/2026 Page 50 of 193 AGREEMENT NO. 26–34
1 FOOD SERVICE AGREEMENT
THIS AGREEMENT, executed in Montclair, California, is made by and between the City of Montclair, a California Municipal Corporation, hereinafter referred to as the "Contractor," and Catering Systems, Inc., hereinafter referred to as the "Subcontractor." WHEREAS, the Contractor and the County of San Bernardino Department of Aging and Adult Services (DAAS), hereinafter referred to as "County," have entered into an Agreement which authorizes the Contractor to provide certain services, said City Agreement being No. 22–57 signed June 28, 2022 (as amended); and WHEREAS, the aforesaid Agreement provides that the Contractor may subcontract for certain professional services subject to prior County approval; and WHEREAS, the Contractor desires to engage the Subcontractor to provide professional services as detailed elsewhere in this Agreement; and WHEREAS, the Subcontractor desires to perform and provide such services.
NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, the Contractor and the Subcontractor agree as follows:
AGREEMENT
Section 1. Statement of Work and Schedule
The Subcontractor shall perform and provide the services set forth in the Food Service Specifications, which is attached hereto as "Attachment 1" and by this reference incorporated herein. The rights and obligations of the parties to this Agreement shall be subject to and governed by said Food Service Specifications as well as by the general provisions herein.
Section 2. Representatives of the Parties and Service of Notice The representatives of the respective parties who are authorized to administer this Agreement and to whom formal notices, demands, and communications shall be given are as follows:
A. The representative of the Contractor shall be, unless otherwise stated in the Agreement:
Marcia Richter, Director of Human Services
City of Montclair
5111 Benito Street
Montclair, California 91763
(909) 625–9453
B. The representative of the Subcontractor shall be:
Lordwin Dsouza
Catering Systems, Inc.
2512 East Fender Avenue, Suite E
Fullerton, California 92831
(714) 278–9294
MONTCLAIR CITY COUNCIL MEETING – 07/06/2026 Page 51 of 193 AGREEMENT NO. 26–34
2 Section 3. Compensation to the Subcontractor
The Contractor shall pay to the Subcontractor an amount not to exceed $7.00 per meal for approximately 100 meals per day for complete and satisfactory performance of the terms of this Agreement. The Subcontractor shall be paid for providing services set forth in this Agreement. Payment shall be made on a monthly basis.
Section 4. Time of Performance
The term of this Agreement shall commence on July 1, 2026 and terminate on June 30, 2027, provided that said term is subject to the provisions of Section 14, "Indemnity, Liability, and Insurance Requirements," and Section 18, "Termination," and the availability of funds through the County.
There are up to 249 serving days during Fiscal Year 2026–2027 not including the following holidays and special occasions:
• Independence Day (Observed) – July 3, 2026
• Labor Day – September 7, 2026
• Veterans Day – November 11, 2026
• Thanksgiving Day – November 26– November 27, 2026
• Christmas Eve– December 24, 2026
• Christmas Day – December 25, 2026
• New Year’s Even – December 31, 2026
• New Year’s Day –January 1, 2027
• Marin Luther King Jr. Day – January 18, 2027
• Presidents’ Day – February 15, 2027
• Memorial Day – May 31, 2027
Section 5. Notices, Demands, and Communications
A. Formal notices, demands, and communications to be given hereunder by either party shall be made in writing and may be affected by personal delivery or by registered or certified mail, return receipt requested, and shall be deemed effective as the date of mailing.
B. Such notices, demands, or communications shall be addressed as set forth below:
1. For the Contractor:
Marcia Richter, Director of Human Services
City of Montclair
5111 Benito Street
Montclair, California 91763
(909) 625–9453
2. For the Subcontractor:
Lordwin Dsouza
Catering Systems, Inc.
2512 East Fender Avenue, Suite E
Fullerton, California 92831
(310) 619–1218
MONTCLAIR CITY COUNCIL MEETING – 07/06/2026 Page 52 of 193 AGREEMENT NO. 26–34
3 C. If the name of the person designated to receive the notices, demands, or communications or the address of such person is changed, written notice shall be given, in accord with this Section, within five (5) working days of said change.
Section 6. Audit Records and Bonding
A. The Subcontractor shall maintain financial records and reports related to funds received under this Agreement.
B. The Subcontractor shall maintain books, records, documents, and other accounting procedures and practices, which reflect all costs of any nature, including cost of raw food and labor costs, expended in the performance of this Agreement.
C. These records shall be subject to audit or inspection by duly authorized County, State, or Federal personnel.
D. The Subcontractor shall maintain all books, records, and other documents relative to this Agreement for three (3) years after final payment or audit by the United States Department of Health and Human Services, the California Department of Aging, and County for five years if no audit occurred.
E. The Subcontractor shall provide to the Contractor, on an annual fiscal year basis, a statement that all persons handling funds received or disbursed by this Agreement are covered by Fidelity Insurance.
F. The Subcontractor shall provide, on an annual basis, an official copy of the Certified Public Accountant audit, which shall be conducted following generally accepted audit practices, to determine that there has been a proper accounting for and use of contract funds. All records of the Subcontractor bearing upon food purchases, storage, and food preparation directly related to said program under this Agreement shall be made available to the Contractor upon request.
G. The Subcontractor shall furnish reports as required by the Contractor, County, California Department of Aging, and the U.S. Administration on Aging.
H. Subcontractors shall use standardized recipes which meet Hazard Analysis requirements and which shall be available to Contractor and County.
I. The Subcontractor shall supply raw food and labor costs to the Contractor as needed.
J. The Subcontractor shall permit periodic monitoring of contracted activities by Contractor, Centralized Dietary Services, County, State, or Federal personnel.
Section 7. Amendments to Agreement
Any changes in the terms of this Agreement, including changes in the scope of services to be performed by the Subcontractor and any increase or decrease in amount of compensation which are agreed to by the Contractor and the Subcontractor, shall be incorporated into this Agreement by a written amendment properly executed by both parties. Prior written approval shall be received from County.
MONTCLAIR CITY COUNCIL MEETING – 07/06/2026 Page 53 of 193 AGREEMENT NO. 26–34
4 Section 8. Permit and Licenses
The Subcontractor shall hold valid permits, license, certificates, and other documents as are required by the State, County, City, or other governmental or regulatory bodies to legally engage in and perform the services to be provided under this Agreement, such as public health license, Orange County Inspection Reports, annual Fire Inspection Certificates, and other documents attached for County's approval. The Subcontractor shall notify the Contractor immediately of any suspension, termination, lapses, non–renewals, or restrictions of required licenses, certificates, or other documents that may be cause for termination of this Agreement.
Section 9. Conflict of Interest
A. The Subcontractor, during the period to be covered by this Agreement, shall have no interest, direct or indirect, with respect to the Contractor that could create a conflict of interest.
B. No member, officer, or employee of the Contractor and no official, officer, or employee of the County who exercises any responsibilities or functions with respect to the Contractor during his tenure or for one year thereafter shall have any interest, direct or indirect, in this Agreement or the proceeds thereof.
C. The Subcontractor warrants that no person has been employed to solicit or secure this Agreement upon any agreement for a commission, percentage, brokerage, or contingent fee. Breach of this warranty shall give the Contractor the right to terminate this contract or, at the discretion of the Contractor, to deduct from the Subcontractor's fees the amount of such commission, percentage, brokerage, or contingent fees.
Section 10. Independent Contractor Status of the Subcontractor Subcontractor is and shall at all times remain as to the Contractor and County a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Subcontractor shall at all times be under Subcontractor’s exclusive direction and control and shall not be construed to be employees of Contractor or County for any purpose, including eligibility under Public Employees Retirement Law. Neither Contractor nor County nor any of their respective officers, employees, or agents shall have control over the conduct of Subcontractor or any of Subcontractor’s officers, employees, or agents, except as set forth in this Agreement.
The parties agree that the performance of the Subcontractor's services hereunder shall be in the capacity of an Independent Contractor and that no employees of the Subcontractor have been, are, or shall be employees of the Contractor or County by virtue of this Agreement, and the Subcontractor shall so inform each employee organization and each employee who is hired or retained under this Agreement.
Section 11. Assignment or Transfer of Interest
The Subcontractor shall not assign or transfer any interest in this Agreement, except that claims for moneys due or to become due from the Contractor under this Agreement may be assigned to a bank, trust company, or other financial institution.
MONTCLAIR CITY COUNCIL MEETING – 07/06/2026 Page 54 of 193 AGREEMENT NO. 26–34
5 Section 12. Applicable Sections of Agreement between County and the Contractor The Contractor and the Subcontractor agree that all conditions set forth in the Agreement, including Addendum and Attachment 1, between the County and the Contractor, as applicable in the performance of this Agreement, are hereby included herein by reference as though set forth herein in full. Referenced sections are available at the Contractor and County for review during normal business hours.
Section 13. Discrimination Prohibited
A. The Subcontractor shall not discriminate against any employee or person served on account of race, color, sex, religious background, ancestry, national origin, or disability in its performance of this contract and hereby agrees to comply with all Federal, State, and County laws or regulations pertaining hereto including the Americans With Disabilities Act and applicable Civil Rights Acts.
B. It is expressly understood that upon receipt of evidence of such discrimination, the Contractor shall have the right to terminate said contract.
C. Affirmative Action: A written affirmative action plan, embodying both (1) goals and timetables of minority manpower utilization; and (2) specific affirmative action steps directed at increasing minority utilization by means of applying good faith efforts to carry out such steps, is to be included.
Section 14. Indemnity, Liability, and Insurance Requirements A. The Subcontractor agrees to defend, indemnify, and hold harmless the Contractor and the County, their officers, employees, and assigns, against any and all claims arising from acts, omissions, or negligence of the Subcontractor, its officers, or employees in the performance of this Agreement. The Subcontractor shall defend any suit against the Contractor and County alleging personal injury, sickness, or disease arising out of meals served at the project sites (or home delivered) provided food is served one hour after delivery (or eaten immediately after home delivery). This indemnification provision shall apply regardless of the existence or degree of fault of the indemnified parties.
Subcontractor’s indemnification obligation applies to the Contractor’s an County’s active as well as passive negligence, but does not apply to the Contractor or County’s sole negligence or willful misconduct.
B. The Contractor shall promptly notify the Subcontractor in writing of any claims against the Contractor or Subcontractor and, in the event of a suit being filed, the Contractor shall promptly forward to the Subcontractor all papers in connection therewith. The Contractor shall not incur any expenses or make any settlement without the Subcontractor's consent. However, if Subcontractor refuses or neglects to defend any such suit, the Contractor may defend, adjust, or settle any such claim, and the cost of such defense, adjustment, or settlement, including reasonable attorney's fees, shall be charged to the Subcontractor. The Subcontractor shall promptly notify the Contractor in writing of any claims against the Contractor or Subcontractor.
MONTCLAIR CITY COUNCIL MEETING – 07/06/2026 Page 55 of 193 AGREEMENT NO. 26–34
6 C. The Subcontractor shall furnish proof in the form of a hand–signed certificate of insurance that it carries insurance in the minimum amounts listed below prior to commencement of performance under this Agreement. Such coverage shall be maintained currently effective until receipt of final payment under the terms of this Agreement.
1. Comprehensive General $ 1,000,000 combined Single Liability [including (CSL) minimum Product Liability]
2. Professional Liability $ 1,000,000 per occurrence
D. Comprehensive Auto Liability (owned and non–owned)
1. Bodily Injury $ 100,000 each person
$ 300,000 each accident
$ 300,000 aggregate products
2. Property Damage $ 50,000 each accident
$ 250,000 aggregate operations
$ 250,000 aggregate protection
$ 250,000 aggregate products
$ 250,000 aggregate contractual
E. Worker's Compensation. The statutory limit shall be in accordance with Sections 3700 and 3800 of the Labor Code of the State of California.
F. Additional Insured. The City of Montclair and County of San Bernardino shall be named as additional insured on all policies or certificates.
G. Cancellation Notice. A 30–day Notice of Cancellation shall be mailed to the Contractor and County, 784 E. Hospitality Lane, San Bernardino, CA. 92415.
H. In the event any new or additional meal locations are started, the insurance carrier shall name all new or additional sites as insured under the policy.
I. Failure on the part of the Subcontractor to procure or maintain required insurance shall constitute a material breach of Agreement and Contractor may immediately terminate or suspend this Agreement.
Section 15. Compliance with Statutes and Regulations
A. In the performance of this Agreement, the Subcontractor shall obey all laws of the United States, the State of California, and all County and local ordinances, regulations, policies, codes, and provisions.
B. The Subcontractor shall conform to the nutrition requirements under Title III–C of the Older Americans Act of 1965, as amended, including providing the minimum Title III–C requirement per person of one third of the Recommended Daily Dietary Allowance (RDA).
C. The Subcontractor shall comply with the California Uniform Retail Food Facilities Law (CURFFL), the Hazard Analysis (HACCP) requirements and San Bernardino County Department of Aging and Adult Services Policy and Procedures for Senior Nutrition Sites.
MONTCLAIR CITY COUNCIL MEETING – 07/06/2026 Page 56 of 193 AGREEMENT NO. 26–34
7 Section 16. Federal, State and Local Taxes
Subcontractor is responsible for paying when due all Federal, State, and local taxes, including estimated taxes, incurred as a result of the compensation paid by Contractor to Subcontractor for services under this Agreement. On request, Subcontractor will provide Contractor with proof of timely payment. Subcontractor agrees to indemnify, defend, and hold harmless Contractor for any claims, costs, losses, fees, penalties, interest, or damages suffered by Contractor resulting from Subcontractor’s failure to comply with this provision. In addition, in the event Contractor is required to respond to a request from any State or Federal taxing agency as a result of Subcontractor’s failure to comply with this provision, Subcontractor shall pay to Contractor the sum of $300.00 for each occasion Contractor is required to so respond.
Section 17. Termination
The Contractor may terminate this Agreement at any time within the period of its duration upon not less than thirty (30) days written notice by the Contractor to the Subcontractor or immediately for cause. The Subcontractor may terminate this contract upon not less than thirty (30) days written notice to the Contractor. Notice shall be provided as in Section 5 herein.
In addition, this Agreement may be terminated because of lack of funds, repeated citations by County, and failure to make corrective actions required by County. In the event funds to finance this contract, or part of this contract, become unavailable, the obligations of each party hereunder may be terminated upon no less than ten days written notice to the other party. Said notice shall be delivered by certified mail or in person. County shall be the final authority as to the availability of Federal or State funds. Waivers of breach of any provision of this Agreement shall not be construed to be a modification of the terms of this Agreement.
Section 18. Negotiation of Disputes
Any disputes of law or fact between the Contractor and the Subcontractor shall be settled between the parties concerned in such a manner that they will not delay or adversely affect the performance of the Contractor. Should any questions remain unresolved, the dispute would be submitted to the Director of the Area Agency on Aging or his designee to render a decision. Said decision will be binding upon the Contractor and the Subcontractor.
Section 19. Prior Approval of Subcontracts
The Subcontractor shall not enter into any subcontracts, for all or part of the services contemplated under this Agreement, without obtaining prior written approval of the Contractor and the Area Agency on Aging, which shall then be made a part of the original Agreement. No subcontracts shall be approved which would incur an obligation higher than the original agreed–upon price.
MONTCLAIR CITY COUNCIL MEETING – 07/06/2026 Page 57 of 193 AGREEMENT NO. 26–34
8 Section 20. Fair Labor Standards Compliance
Subcontractor agrees to indemnify, defend, and hold harmless the County of San Bernardino and the Contractor, their respective agents, officers, and employees from any and all liability including, but not limited to, wages, overtime party, liquidated damages, penalties, court costs, and attorney’s fees arising under any wage and hour law including, but not limited to, the Federal Fair Labor Standards Act for services performed by the Subcontractor's employees for which the Contractor or the County of San Bernardino may be found jointly or solely liable.
Section 21. Citizenship Laws
Subcontractor warrants its full compliance with all laws regarding employment of aliens and others and that all of its employees performing services hereunder meet the citizenship or alien status requirements contained in Federal Immigration Reform and Control Act of 1986. Subcontractor shall obtain from all covered employees services hereunder all verification and other documentation of employment eligibility status required by Federal statutes and regulations as they currently exist and as they may be hereafter amended. Subcontractor shall retain such documentation for all covered employees for the period prescribed by law. Subcontractor shall indemnify, defend, and hold harmless the County and Contractor, their respective officers, agents and employees from employer sanctions and any other liability which may be assessed against either Subcontractor, Contractor, or County in connection with any alleged violation of Federal statutes or regulations pertaining to the eligibility for employment of persons performing services under this contract.
Section 22. Subcontractor Staffing Requirements
To assure that meals are prepared in a safe, sanitary environment in compliance with the California Health and Safety Code, the San Bernardino County Department of Aging and Adult Services Policies and Procedures, and Contracts Management Manual, the Subcontractor shall comply with the following requirements:
The Subcontractor shall hire a part–time Registered Dietitian (minimum 20 hours a week) who possesses a Bachelor's degree and/or Master's degree in Nutrition/Dietetics with an institutional food service management emphasis from an accredited college or university for supervision of the food services operation within the catering company and/or central kitchen. The Dietitian shall be both qualified as specified in sections 2585 and 2586, Business and Professions Code, and registered by the Commission on Dietetic Registration.
or
The Subcontractor shall hire a qualified Food Service Manager who possesses a Bachelor of Science degree in Food and Nutrition with emphasis on food service management or restaurant management from an accredited college or university, plus two (2) years' professional experience as a food service supervisor; no less than six (6) years of experience in the food service industry at a supervising level can be substituted for the four–year degree requirements. The Subcontractor MONTCLAIR CITY COUNCIL MEETING – 07/06/2026 Page 58 of 193 AGREEMENT NO. 26–34
9 must submit to the Contractor the registration identification number and expiration date of Registered Dietitian along with complete verifiable résumés of the Registered Dietitian or Food Service Manager for County's approval.
The County may, at its sole discretion, waive this requirement or, for repeated deficiencies of noncompliance, require the Subcontractor to fill both positions and/or to expand the required positions to full–time positions.
Section 23. Date of Execution
The parties hereto agree that the first party to execute this Agreement shall enter the date executed in the blank provided herein on both duplicate originals, which date shall be the date this Agreement is made provided, however, the term shall be for the period set forth in Section 4 herein.
Section 24. Complete Agreement
This Agreement, Addendum, Appendices, if applicable, and Attachment 1 contain the full and complete Agreement between the two parties. No verbal agreement or conversation with any officer or employee of either party shall affect or modify any of the terms and conditions of this Agreement. [Signatures on Following Page]
MONTCLAIR CITY COUNCIL MEETING – 07/06/2026 Page 59 of 193 AGREEMENT NO. 26–34
10 IN WITNESS WHEREOF, the parties hereto execute this Agreement as of the day and year first set forth above.
Subcontractor: Contractor:
CATERING SYSTEMS, INC. CITY OF MONTCLAIR
Rosanna Rojas, President Javier John Dutrey
Mayor
Date Date
Rosanna Rojas, Secretary
Date
ATTEST:
Andrea M. Myrick
City Clerk
APPROVED AS TO FORM:
Diane E. Robbins
City Attorney
MONTCLAIR CITY COUNCIL MEETING – 07/06/2026 Page 60 of 193 AGREEMENT NO. 26–34
11 ADDENDUM
OTHER REQUIREMENTS
(Contractor's Option)
"Penalties for discrimination in employment – Any contractor who shall be found in violation of the nondiscrimination provisions of the State of California Fair Employment Practice Act or similar provisions of federal law or executive order in the performance of any contract with the City, thereby shall be found in material breach of such contract and thereupon the City shall have power to cancel or suspend the contract, in whole or in part, or to deduct from the amount payable to such contractor the sum of $25 for each person for each calendar day during which such person was discriminated against, as damages for said breach of contract, both. Only a finding of the State of California Fair Employment Practices Commission or the equivalent federal agency or officer shall constitute evidence of a violation of contract under this section." "Penalties for violation of affirmative action provisions – Any contractor who shall be found in violation of the agreement to pursue an affirmative course of action, or in violation of any provision of the affirmative action guidelines pertaining to the contract, shall be found in material breach of such contract and thereupon the City shall have power to cancel or suspend the contract, in whole or in part, or to deduct from the amount payable to such contractor the sum of $250 for each calendar day during which the contractor is found to have been in noncompliance, damages for said breach of contract, or both."
MONTCLAIR CITY COUNCIL MEETING – 07/06/2026 Page 61 of 193 ATTACHMENT 1 Agreement No. 26–34
12 FOOD SERVICE SPECIFICATIONS
STATEMENT OF WORK AND SCHEDULE
During the time of performance as set forth herein, the Subcontractor shall furnish all food, labor, and equipment necessary to prepare and deliver individual meals and/or bulk food for persons 60 years of age and older in compliance with the Title III Congregate and Home–Delivered Nutrition standards as described in Federal, State, and County regulatory statutes and the California Health and Safety Codes, more specifically, the California Uniform Retail Food Facilities Law (CURFFL) as amended January 1, 1996, the Older Americans Act (OAA), Amendment of 1992, and the San Bernardino County Department of Aging and Adult Services (County).
To assure that meals are prepared in a safe, sanitary environment, in compliance with the California Health and Safety Code, the DAAS Policies and Procedures and Contracts Management Manual, the Subcontractor shall comply with the following requirements:
The Subcontractor shall hire a part–time Registered Dietitian (minimum 20 hours a week) who possesses a Bachelor's degree and/or Master's Degree in Nutrition/Dietetic with an institutional food service management emphasis from an accredited college or university, for supervision of the food services operation within the catering company and/or central kitchen.
The Subcontractor shall hire a qualified Food Service Manager who possess a BS degree in Food and Nutrition with emphasis on food service management or restaurant management from an accredited college or university, plus two (2) years professional experience as a food service supervisor; no less than six (6) years of experience in the food service industry at a supervising level can be substituted for the 4 year degree requirements.
The Subcontractor must submit, to the Contractor, the registration identification number and expiration date of the Registered Dietitian along with complete verifiable resumes of the Registered Dietitian or Food Service Manager for the County's DAAS approval.
The County may, at its sole discretion, waive this requirement or for repeated deficiencies of non–compliance, require the Subcontractor to fill both positions, and/or to expand the required positions to full time positions.
A. Number of Meals
The estimated number of meals required per day is between 80 and 150, Monday through Friday. The maximum requirement is outlined below.
Total Meals Catered Cost of Meal
Monday through Friday 100 $7.00
Saturday N/A
Sunday N/A
Box lunches N/A
Breakfast N/A
Frozen meals N/A
Other food items N/A
Total Max Annual Meals 25,000 $175,000
MONTCLAIR CITY COUNCIL MEETING – 07/06/2026 Page 62 of 193 ATTACHMENT 1 Agreement No. 26–34
13 B. Delivery
1. The meals shall be delivered as follows:
Meal Approx. # Time Food Time Food Leaves Time Food
Location of Meals Prep. Completed Kitchen Arrives at Site Montclair Senior Center 80–150 10:00 a.m. 10:30 a.m. 11:00 a.m. 5111 Benito Street
Montclair, California
2. The Contractor reserves the right to add or delete meal sites or designate alternate meal locations, as appropriate, subject to approval by County.
3. The Contractor may change the days and time of delivery and service by giving the Subcontractor seven (7) days notice.
4. The Contractor may change the number of meals to be delivered to any of the meal locations by notifying the Subcontractor by 10:00 a.m. the day prior to delivery.
5. The Subcontractor shall deliver the meals no more than 60 minutes prior to or 30 minutes after the agreed upon serving time.
6. Box lunch delivery time may be as early as 9:00 a.m. as long as appropriate holding facilities are available for perishable food items and meals are transported under appropriate packing, heating and cooling temperature requirements.
7. The Contractor reserves the right to require Subcontractor to deliver food on all holidays that food service is needed.
8. The contractor shall serve foods for congregate meals; within two (2) hours after food preparation has been completed.
C. Delivery Service Specifications
1. Meals are to be delivered in (bulk/individual) prepackaged servings.
2. The Subcontractor shall supply the following food service items.
Item Specifications
Rectangular disposable plates Five compartment
Disposable bowls Eight–ounce soup bowls
Disposable flatware Bulk or pre–packaged, good quality
Napkins Good quality
Table coverings Paper placemats
Disposable cups Eight–ounce cups for bulk milk
Other Straws, plastic gloves, boxes, or bags as
needed for box lunches
MONTCLAIR CITY COUNCIL MEETING – 07/06/2026 Page 63 of 193 ATTACHMENT 1 Agreement No. 26–34
14 3. The Subcontractor shall provide all serving trays and utensils, warming, refrigerating and freezing equipment, where necessary, for the mainte– nance of proper temperatures as specified herein, and shall provide servicing of the equipment and/or replacement (depending on needs of Project).
4. All food must be packaged and transported under conditions that will ensure temperature control to prevent bacterial contamination, spillage, and/or infestation. All hot foods should be packaged individually or in bulk containers to ensure a minimum delivery temperature of 145º° F. All cold foods must be packaged to ensure a maximum delivery temperature of 40º F. All foods intended to be delivered frozen shall be packaged to maintain a hard frozen state until such food reaches point of delivery.
Temperature of bulk and home–delivered meals must be taken daily at the end of production/packaging and on delivery at the nutrition site by the Subcontractor and Contractor. Hot and cold foods must be placed immediately into insulated hot and cold transport equipment upon completion of packing.
Daily written documentation of temperature logging/monitoring must be kept by Subcontractor and will be subject to audit by the centralized dietary services and the County nutritionist.
The sites shall be assumed correct on shortages unless the caterer proves them wrong. All calls regarding shortages and food replacement will be communicated by the Contractors office.
5. Meals must be delivered in refrigerated trucks and/or approved for bulk– insulated containers for hot pack and cold pack. Delivery standards shall comply with applicable local health department regulations.
6. Food and supplies must be packed and handled in a sanitary manner to assure absence of contamination and spillage.
7. The program may require replacement of any cold food that is received on site at above 45 degrees F and any hot food that falls below 140 degrees F.
8. Food shortages and/or spoiled foods that are reported to the caterer by agree time of delivery must be replaced or the enclosed deduction schedule will be utilized.
9. Packing of food for delivery to the sites will be negotiated as mutually acceptable to the Contractor and Subcontractor. Sites may differ on packaging of some items due to available site equipment and time/distance.
10. The Subcontractor shall be responsible for cleaning and care of equipment returned to his facility each day.
MONTCLAIR CITY COUNCIL MEETING – 07/06/2026 Page 64 of 193 ATTACHMENT 1 Agreement No. 26–34
15 11. The Subcontractor shall place food in areas designated by meal location managers.
12. Food shall be transported no longer than 60 minutes after packaging.
13. Food shall be kept in heat retaining equipment no longer than 60 minutes prior to serving.
14. Each delivery shall be accompanied by a delivery slip, in triplicate, designating number of meals and supplies delivered. Project Director or designated person will sign receipt, if in order, and one copy shall be left with the Project Director.
15. Instructions shall be attached to each food product delivered indicating name of meal location, number of servings, size of servings, and size of utensil to be used in serving.
16. Cake, cornbread, and casserole dishes, i.e. meatloaf, lasagna, tuna noodle casserole shall be pre–scored by the Subcontractor for the appropriate number of servings.
17. All Subcontractor delivery equipment shall be removed from the meal location by the next service day. Contractor is not responsible after this time.
18. The Subcontractor shall provide a back–up delivery system in the event of vehicle breakdown.
19. Electrical items required to be provided herein shall have the UNDER– RITERS LABORATORY approval and meet all current OSHA and COSHA laws and regulations. Subcontractor shall provide Contractor with a current copy of the health certificate and any corrected deficiencies with bid. To ensure that all regulations are followed, the Subcontractor must have a qualified food service manager or part–time registered dietitian (20 hours per week) or staff who will assure that meals are prepared in a safe and sanitary condition throughout the meal service operation.
20. Authorized representatives of the Contractor, County, centralized dietary services, State, and Federal shall have the right to inspect food prepara– tion, storage, and packaging sites during the term of the contract.
D. Meal Standards
1. A Chemical analysis of any food delivered by the Subcontractor may be requested by the Contractor or County at any time. The Subcontractor agrees to cooperate in having the analysis done. If the analysis discloses that the food does not comply with required meal specifications, the Subcontractor shall be liable for the cost of this analysis and meals served to seniors out of compliance.
MONTCLAIR CITY COUNCIL MEETING – 07/06/2026 Page 65 of 193 ATTACHMENT 1 Agreement No. 26–34
16 2. The Subcontractor shall be liable for meals that do not meet the nutri– tional standards and requirements, are spoiled or unwholesome at time of delivery, are incomplete or insufficient in number ordered, or are delivered after the time specified by the Contractor. In the event the Subcontractor fails to deliver complete meals, other foods, or supplies as agreed upon, the Contractor may provide a substitute meal with emer– gency meals of supplies purchased from other places and charge the cost of the purchased meal to the Subcontractor. The replacement cost shall not exceed 100 percent of the contract catered meal cost.
3. If any portion of a meal other than the entree is delivered in an unaccept– able condition, such as incorrect temperature (potentially hazardous)* less than contracted portion, spoiled or too late, the Subcontractor shall be liable for the cost of that portion. If the entree is unacceptable, the Subcontractor shall be liable for the cost of the entire meal. In order to ensure conformance to the above, the delivery driver shall remain at the site until the food is checked by the location manager. All shortages shall be noted on delivery slip for proper crediting.
E. Menu Requirements
1. All menus shall comply with Title III–C meal pattern requirements.
2. A six–week cycle menu shall be used that is written once yearly.
3. The Contractor has the responsibility for menu writing with input from the Project Council and Subcontractor. The menu shall be approved by the centralized dietary services dietitian.
4. The Contractor is responsible for typing and duplicating the menu.
5. All menus must be signed by the Project Director, Project Council Chairman or designee, the centralized dietary services dietitian, and certified by the County nutritionist prior to the start of the menu cycle.
6. The Project Director or centralized dietary services dietitian shall submit all menu substitutions by the Subcontractor at least 2 days prior to the serving date. The subcontractor may, however, in an emergency make menu substitutions on verbal approval of the Project Director or centralized dietary services dietitian, with a written notice to follow for documentation.
7. Provisions shall be made by the Subcontractor to provide in–service training regarding food sanitation and safety for their food service staff.
Documentation of such training shall be submitted to the Contractor.
County may require the Contractor, based upon major finding of non– compliance items in food and safety, to provide additional food service training.
*See definition of Potentially Hazardous Food, DAAS Contract Management for Service Providers.
MONTCLAIR CITY COUNCIL MEETING – 07/06/2026 Page 66 of 193 ATTACHMENT 1 Agreement No. 26–34
17 F. Meal Pattern Specifications
1. All food must be of the highest quality standard and conform to USDA requirements. It must be prepared in a manner to preserve optimum flavor and appearance while retaining nutrients and food value. Special consideration should be given to tenderness of meat because of the age of our participants. The Subcontractor is responsible for assuring its high quality before it is sent to the meal sites.
Title III – Meal Pattern:
Meat or meat alternatives A minimum of 2.0 ounces of cooked, edible portions of meat, fish, poultry, (or a
combination thereof) providing at least 14
grams of protein. Legumes should not be
counted as both vegetable and protein. OCNP
Contractors may use other protein sources to
provide the occasional vegetarian meal.
Vegetable (1–2 ½ cup servings). Vegetables as a primary ingredient in soups, stews, casseroles, or
other combination dishes should total ½ cup
per serving. Raw leafy vegetables (salads)
should equal 1 cup if they are to be
considered a serving.
Fruits (1 serving). A serving of fruit equals: 1
medium sized whole fruit or ½ cup fresh,
chopped, cooked, frozen, or canned drained
fruit.
Juice* One–half cup Vitamin C fortification required
to satisfy Vitamin C requirement.
Starch or alternate One slice bread or one–half cup serving cooked starch, such as rice, pasta, etc.
Selections made from whole grains are
preferred.
Fortified margarine or butter One teaspoon.
Dessert* One–half (1/2) cup portions or fresh fruit
equivalent. Limit of 1 dessert high in sugar,
refined grains, or saturated fat per week.
Milk or milk product Eight–fluid–ounce serving or calcium equiva– lent. Liquid milk served must be 1% fat,
nonfat, or buttermilk.
MONTCLAIR CITY COUNCIL MEETING – 07/06/2026 Page 67 of 193 ATTACHMENT 1 Agreement No. 26–34
18 (a) In the preparation of all meals, the Subcontractor shall use a mini– mum of simple sugars. Each meal shall not exceed 1000 milligrams of sodium and shall be low in fat (standard is no more than 30 percent or less of total calories). Limit of 2 high–sodium meals served in any week.
(b) Subcontractor shall provide all condiments that are normally served with specific menus including, but not limited to, salt; pepper; salad dressing; tartar sauce; mustard; catsup; cream; sugar; and garnishes, such as lemon slices and parsley (as agreed upon). A low– sodium salad dressing choice shall be offered and used in sodium and other nutrient calculations for menus with green salads. (c) Ground beef may be used no more often than twice a week and must be in solid form such as meat loaf or Salisbury steak for one of the servings. The fat content cannot exceed 15 percent. (d) Textured vegetable protein may be used at no greater amount than 30 percent of the total protein.
(e) Meat alternates (dried beans, peas, lentils, nuts, nut butters) shall not be served more often than one time per week.
(f) Desserts, such as fruits or high–nutrient density desserts shall be served throughout the week in one–half (1/2) cup portions. High– calorie desserts, such as plain gelatin desserts, cakes, pies, cookies, and similar foods, shall also be included but are to be limited to once per week. Milk–based dessert may be served once per week. A dessert consisting of 50 percent fruit (fruited Jell–O, etc.) may be served once a week.
(g) Different fruits will be served once per meal. Whole fresh fruit in season shall be served at least once during each week. Canned fruit will be water packed or packed in its own juice.
2. Minimum grades for all foods shall be as follows:
(a) Beef: USDA Grade A choice
(b) Pork: USDA Number 1 (as defined in S R.A., No. 171, U.S. Standards and Grades of Pork Carcasses)
(c) Lamb USDA choice
(d) Poultry USDA Grade A to be used for all fresh or frozen poultry products. Necks, backs, and wings alone
shall not be used prior approval of the Project
Director or project designee. Reconstructed roll
products are not acceptable (optional).
MONTCLAIR CITY COUNCIL MEETING – 07/06/2026 Page 68 of 193 ATTACHMENT 1 Agreement No. 26–34
19 (e) Variety meats: Grade No. 1 from USDA Government–inspected plants.
(f) Dairy products: Following is to be used as minimum specifications for all graded dairy products:
(1) Eggs, fresh USDA or State Graded A
(2) Cheese, USDA Grade A non–processed cheese
(3) Milk, low fat, shall be available
(g) Fish and seafood must be fresh or frozen and be a nationally distributed brand packed under continuous inspection of the U.S.
Department of Interior.
(h) Canned fruits and juices: USDA Grade A (Fancy) and Grade B (Choice) are to be used for all graded fruits and fruit juices. Grade C (Standard) may be used for pie and cobbler products only. (i) Fresh fruits: USDA Fancy to USDA No. 1 to be used for all graded fresh fruits as a minimum standard.
(j) Fresh vegetables: USDA Fancy and No. 1 to be used for all graded fresh vegetables as a minimum standard.
(k) Frozen fruits and vegetables: USDA Grade A is to be used for all graded frozen fruits and vegetables as a minimum standard.
3. Meal Component/Nutrient Analysis
(a) A meal component/nutrient analysis of the entire menu cycle conducted and/or approved by a Registered Dietitian shall be done to ensure compliance with Title 22, Division 1.8, Chapter 4, Article 5.
Computerized Nutrient Analysis Requirements:
Although not required, use of computerized nutrient analysis is strongly recommended and will help ensure and verify the nutritional adequacy of meals. The goal of assessing nutrient intakes of groups is to determine the prevalence of inadequate or excessive nutrient intakes within a particular group of individuals.
While meal patterns serve as a basic framework for menu planning, Contractors are encouraged to use computerized nutrient analysis because it provides specific information on nutrients the menu may not be providing. The information that a menu is not supplying all of the desired nutrients will guide the development of future menus.
As required menu elements are expanded, it is more difficult to meet all of the requirements on a daily basis. OCNP Contractors should focus on:
Vitamin A Fat
Vitamin C Sodium
Protein Fiber
MONTCLAIR CITY COUNCIL MEETING – 07/06/2026 Page 69 of 193 ATTACHMENT 1 Agreement No. 26–34
20 Not all nutrient guidelines will be met with each meal. However, areas that do not meet the requirements should be the focus of future menu revisions and nutrition education.
The following nutrients should be included in the analysis when the computerized nutrient analysis method is used: calories; protein; carbohydrates; total fat; saturated fat; total fiber; vitamins A, C, D, E, K, thiamin, riboflavin, niacin, B6, folate, B12, calcium, chromium, copper, iron, magnesium, sodium, and zinc. In addition to meeting one–third of the DRIs, the menus should also follow the Dietary Guidelines for Americans.
(b) Menu cycle shall be analyzed on a regular basis and documentation maintained for County review.
G. Supplies Specification Procedures
The Subcontractor shall provide disposable table service based upon the supplies specification included. These supplies shall be ordered and delivered weekly at each site. A minimum of one week’s supply on hand at all times. The Contractor shall supply order forms and monitor supply usage.
The Subcontractor shall furnish, as part of supplies, the cleaning and other miscellaneous supplies (see Supplies Specification Sheet). These supplies will be ordered as needed. The Contractor shall supply order forms and monitor supply usage. (This is subject to negotiation.)
EVALUATION OF SUBCONTRACTOR
The Contractor and centralized dietary services dietitian shall evaluate the Subcontractor's performance to determine if the Agreement is in compliance in meeting requirements. All evaluations must be sent to the County nutritionist.
RECEIPTS AND INVOICES PROCEDURES
A. The Subcontractor shall issue daily delivery receipts to each site.
B. After the close of each week, the Subcontractor will furnish to the program an invoice of meals ordered by the program, the previous week. The Contractor will pay such invoices for the prior week within 30 days after receipt of same invoice or as agreed between the Contractor and Subcontractor.
DEDUCTION PROCEDURE
A. The Subcontractor shall deliver meals that meet Title III–C menu regulations. If the Subcontractor fails to deliver all menu items or appropriate substitute items and/or the program rejects food, the Subcontractor shall be reimbursed as outlined in Section 4, "Meal Standards."
MONTCLAIR CITY COUNCIL MEETING – 07/06/2026 Page 70 of 193
CITY COUNCIL
AGENDA REPORT
DATE: JULY 6, 2026
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 4
FILE I.D.: HSV105
DEPT.: HUMAN SVCS.
PREPARER: A. COLUNGA
SUBJECT: CONSIDER APPROVAL OF AGREEMENT NO. 26–35 WITH LIFESTYLE MANAGEMENT SOLUTIONS TO PROVIDE NUTRITION EDUCATION SERVICES FOR THE CITY’S SENIOR
CITIZEN NUTRITION PROGRAM
REASON FOR CONSIDERATION: The City Council is requested to consider approval of Agreement No. 26–35 with Lifestyle Management Solutions to provide nutrition education services for the City's Senior Citizen Nutrition Program.
A copy of proposed Agreement No. 26–35 is attached for City Council review and consideration.
BACKGROUND: On June 6, 2022, the City Council approved Agreement No. 22–57 with the San Bernardino County Department of Aging and Adult Services – Public Guardian (DAAS–PG) to provide a three year Elderly Nutrition Program (ENP) for participants aged 60 and over. The ENP requires the delivery of nutrition education from a registered dietician for participants, volunteers and staff. Approval of an amendment to that agreement with DAAS–PG that includes a one–year extension is also on the agenda for this Council meeting.
If approved, Lifestyle Management Solutions will be responsible for providing nutrition education services, including: monitoring the site for safe food handling and sanitation practices of facilities; providing input, reviewing, and approving the Nutrition Education Plan for staff and participants; providing nutrition education a minimum of four (4) times per year for food service staff (paid and volunteers) and participants; and providing technical support and assistance as needed.
Lifestyle Management Solutions is led by Gina Crome. Gina has earned a Master of Public Health and a Master of Science in Clinical Psychology. In addition, Gina is a Registered Dietitian, Certified Health Coach, Certified Behavior Change Specialist, and Certified Personal Trainer. With nearly twenty years of experience in the health field, Gina possesses the skills and experience needed to fulfill the contract requirements.
The City had previously attempted to obtain quotes from other qualified organizations; however, at that time only one organization responded that they were interested with a quote that was well above the grant funded budget level. Lifestyle Management Solutions provided services to the City during the 2025–2026 fiscal year.
FISCAL IMPACT: There will be no cost to the General Fund as a result of this agreement to provide nutrition education services. The cost of nutrition education services, $3,000, will be grant funded under Agreement No. 22–57 with DAAS. The term of Agreement No. 26–35 is July 1, 2026 June 30, 2027.
RECOMMENDATION: Staff recommends the City Council approve Agreement No. 26–35 with Lifestyle Management Solutions to provide nutrition education services for the City's Senior Citizen Nutrition Program.
MONTCLAIR CITY COUNCIL MEETING – 07/06/2026 Page 71 of 193 Agreement No. 26-35
1 CITY OF MONTCLAIR
AGREEMENT FOR CONSULTANT SERVICES
HUMAN SERVICES – NUTRITION EDUCATION AND TRAINING
THIS AGREEMENT is made and effective as of July 1, 2026 between the City of Montclair, a municipal corporation (“City”) and Lifestyle Management Solutions, a California sole proprietorship (“Consultant”). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:
1. TERM
This Agreement shall commence on July 1, 2026 and shall remain and continue in effect for a period of 12 months until tasks described herein are completed, but in no event later than June 30, 2027 unless sooner terminated pursuant to the provisions of this Agreement.
2. SERVICES
Consultant shall perform the tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A.
3. PERFORMANCE
Consultant shall at all times faithfully, competently and to the best of his/her ability, experience and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement.
4. CITY MANAGEMENT
City’s Human Services Director shall represent City in all matters pertaining to the administration of this Agreement, review and approval of all products submitted by Consultant, but not including the authority to enlarge the Tasks to be Performed or change the compensation due to Consultant. City’s Human Services Director shall be authorized to act on City’s behalf and to execute all necessary documents which enlarge the Tasks to be Performed or change Consultant’s compensation, subject to Section 5 hereof.
5. PAYMENT
(a) The City agrees to pay Consultant quarterly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, attached hereto and incorporated herein by this reference as though set forth in full. This amount is subject to receipt of grant funding and shall not exceed $3,000 for the total term of the Agreement unless additional payment is approved as provided in this Agreement.
MONTCLAIR CITY COUNCIL MEETING – 07/06/2026 Page 72 of 193 Agreement No. 26-35
2 (b) Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager.
Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City’s written authorization is given to Consultant for the performance of said services. The City Manager may approve additional work not to exceed ten percent (10%) of the amount of the Agreement. Any additional work in excess of this amount shall be approved by the City Council. (c) Consultant agrees that, in no event shall City be required to pay to Consultant any sum in excess of ninety-five percent (95%) of the maximum payable hereunder prior to receipt by City of all final documents, together with all supplemental technical documents, as described herein acceptable in form and content to City. Final payments shall be made no later than sixty (60) days after presentation of final documents and acceptance thereof by City.
6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE (a) The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement, such suspension or termination shall not make void or invalidate the remainder of this Agreement. (b) In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant on a pro-rata basis the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City.
7. DEFAULT OF CONSULTANT
(a) The Consultant’s failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant’s control, and without fault or negligence of the Consultant, it shall not be considered a default.
(b) If the City Manager or his/her delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, he/she shall cause to be served upon the Consultant a written notice of the default. The Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.
MONTCLAIR CITY COUNCIL MEETING – 07/06/2026 Page 73 of 193 Agreement No. 26-35
3 8. OWNERSHIP OF DOCUMENTS
(a) Consultant shall maintain complete and accurate records with respect to billed time, sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records; shall give City the right to examine and audit said books and records; shall permit City to make transcripts therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. (b) Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, claims, applications, computer files, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused, or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files, Consultant shall make available to the City, at the Consultant’s office and upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files.
9. INDEMNIFICATION
(a) Defense, Indemnity and Hold Harmless. Consultant shall defend, indemnify, and hold harmless the City, its present and former officers, directors, employees, agents, staff, volunteers, mayor, council, boards, committees, and representatives, as broadly interpreted (collectively, the “Indemnified Parties”), of and from all claims, suits, demands, obligations, losses, damages, sums, or any other matters threatened or presently asserted, including but not limited to all legal fees, costs of defense and litigation expenses (including legal fees, expert fees and any other costs or fees, including those of adverse parties imposed on or sought against the Indemnified Parties), arising directly or indirectly out of any liability or claim of loss or liability for personal injury, bodily injury to persons, contractual liability, errors or omissions, breach, failure to perform, damage to or loss of property, or any other loss, damage, injury or other claim of any kind or nature arising out of the work to be performed by Consultant herein, caused by or arising out of the negligent acts or omissions, or intentional misconduct of Consultant, including its subcontractors, employees, agents, and other persons or entities performing work for Consultant.
(b) Contractual Indemnity. To the fullest extent permitted under California law, Consultant shall contractually indemnify, defend and hold harmless the Indemnified Parties from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses, amounts for good faith settlement, or costs of any kind, whether actual, alleged or threatened, including attorney’s fees and costs, court costs, interest, defense costs, and MONTCLAIR CITY COUNCIL MEETING – 07/06/2026 Page 74 of 193 Agreement No. 26-35
4 expert witness fees and costs), arising out of or related to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to Consultant’s officers, agents, representative, employees, independent Consultants, subconsultants/subcontractors or affiliated or related entities and/or its or their employees, agents and representatives, caused by or arising out of all negligent acts or omissions, or intentional misconduct of Consultant, including its subconsultants/subcontractors, employees, agents and other persons or entities performing work for Consultant. Indemnification shall include any claim that Consultant, or Consultant’s employees or agents, are or may be considered and treated as employees of the City or are entitled to any employee benefits from City including but not limited to those available under Public Employees Retirement Law. The obligation to indemnify, defend and hold harmless the Indemnified Parties shall apply to all liability as defined above regardless of whether the Indemnified Parties were or are alleged to have been negligent, except that it shall not apply to claims arising from the sole negligence or willful intentional misconduct of the Indemnified Parties. Consultant’s obligation to defend the Indemnified Parties is not contingent upon there being an acknowledgement of or determination of the merit of any claims, liability, demands, causes of action, suits, losses, expenses, errors, omissions and/or costs. (c) Subconsultants/subcontractors and Indemnification. Consultant agrees to and shall obtain executed indemnity agreements in favor of the Indemnified Parties with provisions identical to those set forth from each and every Subconsultant, Subcontractor, or other person or entity involved by, for, with, or on behalf of Consultant in the performance of any aspect of this Agreement. In the event Consultant fails to obtain such indemnity obligations, Consultant shall be fully responsible for each and every Subconsultant, Subcontractor or other person or entity in terms of defense, indemnity and hold harmless obligations in favor of the Indemnified Parties as set forth above. This obligation to indemnify and defend the Indemnified Parties is binding on the successors, assigns, or heirs of Consultant and shall survive the full performance or termination of this Agreement. These indemnification provisions are independent of and shall not in any way be limited or superseded by the insurance requirements and insurance-related provisions of this Agreement.
(d) City Lost or Damaged Property – Theft. Consultant further agrees to pay or cause to be paid to the Indemnified Parties’ benefit, any and all damages, fines, penalties, and loss or theft of property of the City arising out of or related in any way to the negligent acts or omissions or intentional misconduct of Consultant or of Consultant’s officers, agents, representatives, employees, independent contractors, subconsultants or affiliated or related entities and/or its or their employees, agents and representatives, whether such actions, omissions to act, negligence or intentional conduct is or was authorized by this Agreement or not. City assumes no responsibility whatsoever for any property placed on the premises of City. Consultant further agrees to waive all rights of subrogation against the Indemnified Parties.
(e) Non-Waiver and Non-Exhaustion of City’s Further Rights and Remedies. No aspect of this provision shall in any way limit or effect the rights of the Indemnified Parties against the Consultant under the terms of this Agreement or otherwise. The indemnification provisions shall apply regardless of whether this MONTCLAIR CITY COUNCIL MEETING – 07/06/2026 Page 75 of 193 Agreement No. 26-35
5 Agreement is executed after Consultant begins the work and shall extend to claims arising after this Agreement is performed or terminated, including a dispute as to the termination of Consultant. The indemnity obligations of Consultant shall continue until it is determined by final judgment that the claim against the City and any Indemnified Parties is determined by final judgment and after exhaustion of any rights of appeal. Further, no aspect of this provision shall impact the City’s rights to contribution from Consultant, or for the City to dispute Consultant’s refusal to defend and indemnify City. (f) Limitations on Scope of Indemnity. Notwithstanding the foregoing, Consultant shall not be responsible for indemnification for claims or losses caused by the sole negligence or intentional wrongdoing of Indemnified Parties. Further, the indemnity provided shall be interpreted as broadly as permitted under California law and as to agreements between parties and shall if required be reformed to be consistent with those laws to protect and save this provision for the protection of the Indemnified Parties. (g) The obligations of Consultant under this or any other provision of this Agreement shall not be limited by the provisions of any workers’ compensation act or similar act. The Consultant expressly waives any statutory immunity under such statutes or laws as to the Indemnified Parties. The Consultant’s indemnity obligation set forth in this Section 9 shall not be limited by the limits of any policies of insurance required or provided by the Consultant pursuant to this Agreement.
(h) The Consultant’s covenant under this Section 9 shall survive the expiration or termination of this Agreement.
10. INSURANCE
(a) Types of Required Coverages
Without limiting the indemnity provisions of the Contract, the Consultant shall procure and maintain in full force and effect during the term of the Contract, the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so.
(1) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 0001 covering “Any Auto” (Symbol 1), including owned, non-owned and hired autos, or the exact equivalent, with minimum limits of $100,000 for bodily injury and property damage, each accident. If Consultant owns no vehicles, auto liability coverage may be provided by means of a non-owned and hired auto endorsement to the general liability policy. Automobile liability insurance and endorsements shall be kept in force at all times during the performance of this Agreement.
(2) Workers’ Compensation: If applicable, Workers’ Compensation Insurance, as required by the State of California and Employer’s Liability Insurance with a limit of not less than $1,000,000 each accident for bodily injury and $1,000,000 each employee for bodily injury by disease.
MONTCLAIR CITY COUNCIL MEETING – 07/06/2026 Page 76 of 193 Agreement No. 26-35
6 (b) Endorsements
Insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval.
(1) The insurance coverages required by Section (a)(1) Automobile Liability Insurance shall contain the following provisions or be endorsed to provide the following:
Additional Insured: The City, its elected officials, officers, employees, volunteers, boards, agents and representatives shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Contract. Coverage for the additional insureds shall apply to the fullest extent permitted by law.
Additional Insured Endorsements shall not:
1. Be limited to “Ongoing Operations”
2. Exclude “Contractual Liability”
3. Restrict coverage to the “Sole” liability of consultant
4. Exclude “Third-Party-Over Actions”
5. Contain any other exclusion contrary to the Contract) (2) The policy or policies of insurance required by Section (a)(2) Workers’ Compensation shall be endorsed, as follows:
Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the indemnified parties.
(c) Notice of Cancellation
Required insurance policies shall not be cancelled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.
11. INDEPENDENT CONTRACTOR
(a) Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control and shall not be construed to be employees of City for any purpose, including eligibility under Public Employees Retirement Law. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of Consultant’s officers, employees, or agents, except as set forth in this Agreement.
Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the City.
Consultant shall not incur or have the power to incur any debt, obligation, or liability whatever against City, or bind City in any manner.
MONTCLAIR CITY COUNCIL MEETING – 07/06/2026 Page 77 of 193 Agreement No. 26-35
7 (b) No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement City shall not pay salaries, wages, or other compensation or benefits to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder.
(c) In regard to the professional services provided by Consultant and defined in Exhibit “A,” City and Consultant specifically agree as follows:
(1) While Consultant may perform certain services at the premises of City, Consultant is not required to do so and may perform services at his/her separate business location.
(2) With the exception of agreed upon project completion dates and the agreement the Consultant will be available at reasonable business hours, the Consultant shall have the ability to set his/her own hours of operation.
(3) Consultant represents that the services he/she performs under this Agreement are the same services Consultant is customarily engaged in his/her business. City acknowledges that Consultant does not perform services exclusively for City and that Consultant performs or is available to perform these same services to other clients.
(4) Consultant will use his/her own discretion and independent judgment in the performance of the services rendered for City under the terms of this Agreement.
12. LEGAL RESPONSIBILITIES
The Consultant shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its services pursuant to this Agreement. The Consultant shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this Section.
13. UNDUE INFLUENCE
Consultant declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of the City of Montclair in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of the City of Montclair will receive compensation, directly or indirectly, from Consultant, or from any officer, employee or agent of Consultant, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement.
Violation of this Section shall be a material breach of this Agreement entitling the City to any and all remedies at law or in equity.
MONTCLAIR CITY COUNCIL MEETING – 07/06/2026 Page 78 of 193 Agreement No. 26-35
8 14. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES
No member, officer, or employee of City, or their designees or agents, and no public official who exercises authority over or responsibilities with respect to the Project during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for work to be performed in connection with the project performed under this Agreement.
15. RELEASE OF INFORMATION/CONFLICTS OF INTEREST
(a) All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City’s prior written authorization. Consultant, its officers, employees, agents, or subconsultants, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, responses to interrogatories, or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives City notice of such court order or subpoena.
(b) Consultant shall promptly notify City should Consultant, its officers, employees, agents or subconsultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, requests for admissions, or other discovery request, court order, or subpoena from any person or party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing, or similar proceeding.
Consultant agrees to cooperate fully with City and to provide the opportunity to review any response to discovery requests provided by Consultant. However, City’s right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.
(c) Consultant covenants that neither he/she nor any office or principal of their firm have any interest in, or shall acquire any interest, directly or indirectly, which will conflict in any manner or degree with the performance of their services hereunder.
Consultant further covenants that in the performance of this Agreement, no person having such interest shall be employed by them as an officer, employee, agent or subconsultant.
Consultant further covenants that Consultant has not contracted with nor is performing any services, directly or indirectly, with any developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) owning property in the City or the study area and further covenants and agrees that Consultant and/or its subconsultants shall provide no service or enter into any agreement or agreements with a/any developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) owning property in the City or the study area prior to the completion of the work under this Agreement.
MONTCLAIR CITY COUNCIL MEETING – 07/06/2026 Page 79 of 193 Agreement No. 26-35
9 16. NOTICES
Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, which provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by notice:
To City: Marcia Richter
Human Services Director
City of Montclair
5111 Benito Street
Montclair, CA 91763
To Consultant: Lifestyle Management Solutions
30350 Via Brisa
Temecula, CA 92592
17. ASSIGNMENT
The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Because of the personal nature of the services to be rendered pursuant to this Agreement, only Gina Crome, shall perform the services described in this Agreement.
Consultant’s responsible employee may use assistants, under her direct supervision, to perform some of the services under this Agreement. Consultant shall provide City fourteen (14) days’ notice prior to the departure of the responsible employee from Consultant’s employ. Should she leave Consultant’s employ, the City shall have the option to immediately terminate this Agreement, within three (3) days of the close of said notice period. Upon termination of this Agreement, Consultant’s sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant.
18. LICENSES
At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement, including a City of Montclair business license.
19. GOVERNING LAW
The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with jurisdiction over the City of Montclair.
20. ENTIRE AGREEMENT
MONTCLAIR CITY COUNCIL MEETING – 07/06/2026 Page 80 of 193 Agreement No. 26-35
10 This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party’s own independent investigation of any and all facts such party deems material.
21. CONFIDENTIALITY
Information and materials obtained bydd the Consultant from City during the performance of this Agreement shall be treated as strictly confidential and shall not be used by the Consultant for any purpose other than the performance of this Agreement.
22. DISCRIMINATION
The Consultant agrees that no person shall be excluded from employment in the performance of this Agreement on grounds of race, creed, color, sex, age, marital status, or place of national origin. In this connection, the Consultant agrees to comply with all County, State and Federal laws relating to equal employment opportunity rights.
23. ELDERLY ABUSE
In accordance with the State of California – Health and Human Services Agency requirements, Consultant and its employees shall comply with and return completed copies of Exhibit C, Statement Acknowledging Requirement to Report Suspected Abuse of Dependent Adults and Elders (SOC 341A).
24. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of Consultant warrants and represents that he/she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.
CITY OF MONTCLAIR CONSULTANT
By: By:
Javier John Dutrey, Mayor Gina M. Crome, Owner
Attest:
By:
Andrea Myrick, City Clerk
Approved as to Form:
By:
Diane E. Robbins, City Attorney
MONTCLAIR CITY COUNCIL MEETING – 07/06/2026 Page 81 of 193 Agreement No. 26-35
11 EXHIBIT A
During the term of this Agreement and in accordance with Title 22, Division 1.8 of the California Department of Aging Regulations and Section 2 above, CONSULTANT shall provide the services described below:
a) At a minimum, quarterly monitor the City of Montclair’s Senior Nutrition site for safe food handling and sanitation practices.
b) Develop or review and approve the cycle menus unless provided and signed by RD of approved caterer between February to April 2027. City must submit to the County in May 2027.
c) Plan, organize and conduct Nutrition Education a minimum of four (4) times per fiscal year for food service staff (paid and volunteer) and participants in congregate meal programs.
i. Nutrition Education for congregate sites is defined as demonstrations, presentations, lectures or small group discussions, all of which may be augmented with printed materials. Training sessions shall be evaluated by those receiving the training.
ii. Nutrition Education shall be based on the particular need of congregate meal participants. An annual Needs Assessment shall be performed by the City to make this determination.
iii. Nutrition Education sessions must be reported monthly to the County (DAAS-PG) using the Nutrition Education Monthly Service Unit Report. d) Since the Staff Training/Nutrition Education Plan and annual Needs Assessment must be submitted by the City of Montclair to DAAS-PG by mid-July, Consultant shall be required to support that timeline accordingly.
e) Provide technical support and assistance as needed.
Nutrition Education Units of Service:
Program: C-1 (Congregate Meals) Program: C-2 (Home Delivered Meals) Number of Sessions to be
provided annually: 4
Number of Sessions to be provided
annually: N/A
Number of Unduplicated Clients
to be served annually: 350 Number of Unduplicated Clients to be served annually: N/A MONTCLAIR CITY COUNCIL MEETING – 07/06/2026 Page 82 of 193 Agreement No. 26-35
12 EXHIBIT B
Payment Schedule
Month Amount
September, upon completion of quarterly visit $750.00
December, upon completion of quarterly visit $750.00
March, upon completion of quarterly visit $750.00
June, upon completion of quarterly visit $750.00
Total $3,000.00
MONTCLAIR CITY COUNCIL MEETING – 07/06/2026 Page 83 of 193 Agreement No. 26-35
13 EXHIBIT C
MONTCLAIR CITY COUNCIL MEETING – 07/06/2026 Page 84 of 193 Agreement No. 26-35
14 MONTCLAIR CITY COUNCIL MEETING – 07/06/2026 Page 85 of 193 Agreement No. 26-35
15 MONTCLAIR CITY COUNCIL MEETING – 07/06/2026 Page 86 of 193
CITY COUNCIL
AGENDA REPORT
DATE: JULY 6, 2026
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 5
FILE I.D.: GRT 200
DEPT.: PUBLIC WORKS
PREPARER: A. COLUNGA
SUBJECT: CONSIDER APPROVAL OF AGREEMENT NO. 26–36 WITH NATIONAL MAIN STREET CENTER, INC. TO ACCEPT A $60,000 GRANT AWARD TO SUPPORT THE FLASHING
STOP SIGN REPLACEMENT PROGRAM
CONSIDER AUTHORIZING CITY MANAGER EDWARD C. STARR TO SIGN AGREEMENT NO. 26–36 AND RELATED DOCUMENTS
REASON FOR CONSIDERATION: The City Council is requested to consider approval of Agreement No. 26–36 with National Main Street Center Inc., to accept a $60,000 grant award to support the Flashing Stop Sign Replacement Program, and to consider authorizing City Manager Edward C. Starr to sign Agreement No. 26–36 and any other related documents.
A copy of proposed Agreement No. 26–36 is attached for City Council review and consideration.
BACKGROUND: The City designed and implemented the Flashing Stop Sign Replacement Program based on a comprehensive understanding of community needs informed by multiple traffic safety assessments including the Local Roadway Safety (2022), Safe Routes to School (2020) and Active Transportation (2020) Plans, and the Systemic Safety Analysis Report (2020). In 2022, the City Council approved the Flashing Stop Sign Replacement Program as a City–wide traffic calming initiative. At that time, 163 flashing LED stop signs were installed. To–date, nearly 200 flashing stop signs have been placed throughout the City.
Staff has continued applying for various grants for funding to continue the Flashing Stop Sign Replacement program. Recently, the City was awarded $60,000 in funding from The National Main Street Center, Inc. through the GM on Main Street grant to install twenty– four flashing stop signs at intersections throughout the City.
The flashing stop signs will be installed at the locations listed below, which are also marked on the attached map, by December 31, 2026.
• Wesley Ave. and Howard St. (SB)
• Ramona Ave. and San Jose St. (NB & SB)
• San Jose St. and Camulos Ave. (SB)
• Olive St. and Monte Vista Ave. (EB)
• Moreno St. and Camulos Ave. (NB)
• Moreno St. and Felipe Ave. (NB)
• Helena Ave. and Moreno St. (SB)
• Grand Ave. and Fremont Ave. (EB)
• Saddleback St. and Fremont Ave. (EB & WB)
• Merle St. and Fremont Ave. (WB)
• Rodeo St. and Fremont Ave. (EB)
• Santa Anita Ave. and Benito St. (NB)
• Flora St. and Monte Vista Ave. (EB & WB)
• Rose Ave. and Arrow Hwy (NB)
• Rose Ave. and Holt Blvd. (NB)
• Rose Ave. and Brooks St. (SB)
• Vernon Ave. and Brooks St. (SB)
• Carrillo Ave. and Palo Verde St. (NB & SB)
• Holt Blvd. and Silicon Ave. (NB)
• Holt Blvd. and Oak Glen Ave. (NB)
MONTCLAIR CITY COUNCIL MEETING – 07/06/2026 Page 87 of 193 FISCAL IMPACT: Should the City Council approve Agreement No. 26–36, the National Main Street Center will award the City $60,000 in funding to install 24 flashing stop signs throughout the City. The term of the agreement is from May 15, 2026 through December 31, 2026.
RECOMMENDATION: Staff recommends the City Council approve the following:
1. Approve Agreement No. 26–36 with National Main Street Center, Inc. to accept a grant award in the amount of $60,000 to support the flashing stop sign replacement program; and
2. Authorize City Manager Edward C. Starr to sign Agreement No. 26–36 and related documents.
MONTCLAIR CITY COUNCIL MEETING – 07/06/2026 Page 88 of 193
CAMULOS
RUDISILL
CAROLINE
KIMBERLY
HOWARD
CLAIR
EL MORADO
2 VALLEJO
MARION
JUNE MOUNTAIN
CAMULOS
MAGNOLIA
DEL MAR
EVART
STATE
ASH
ROSE
DENVER
FAUNA
RODEO
SAN CLEMENTE
MARQUETTE
BERKELEY
DEL MAR
BERKELEY
PRADERA
VERNON
FLORA
LEHIGH
SAN JUAN
COALINGA
HIGHLAND
CLAIR
GRAND
GRANADA
VISTA REAL
VISTA PANORAMA
MANZANITA
VERNON
ESSEX
YALE
MUSTANG
KIMBERLY
GENEVA
RODEO
SAN PASQUAL
VIA DEL NORTE
GRAND
BENITO
STAGECOACH
RUDISILL
VERNON
GREENWOOD
GRANADA
HAMPTON
BIRCH
BOLTON
S.P.R.R.
CALICO
CAMULOS
MISSION
CAMULOS
BANDERA
PRADERA
HANOVER
SARATOGA
EVART
VERNON
TUDOR
STAGECOACH
MAMMMOTH
CIMARRON OAKS
BENSON
LAUREL
COLUMBINE
FELIPE
SNOWMASS
GROVE
STEAMBOAT
I 10
PHILLIPS
RAWHIDE
ORCHARD
HELENA
SAN PASQUAL
ALAMITOS
CAMULOS
KADOTA
ASPEN MARION
BONNIE BRAE
SARATOGA
SANTA ANITA
GRE EN WOOD
OAK
ROSE
PALO VERDE
DONNER
GALENA
DEER CREEK
HARVARD
MANE
HARVARD
VERNON
ESSEX
FAIRFAX
FLORA
BUCKSKIN
BOLTON
BERKELEY
COBBLESTONE
HIGHLAND
PHILLIPS
AMHERST
RUDISILL
SILICON
CAMARENA
SAN ANTONIO
WILD HORSE
ALLESANDRO
FANCISCO
MONTE VISTA
CAMBRIDGE
BROOKS
HIGHLAND
BERKELEY
SAN BERNARDINO
MANZANITASHADOWOOD
GALA
DENVER
DEL MAR
2 JACARANDA
MANE
APPALOOSA
GREENWOOD
CANNERY
DENVER
CLIFFWOOD
MONTE VERDE
STATE
ALAMITOS
RODEO
AMHERST
ROSEWOOD
EVART
ROSWELL
KINGSLEY
RAMONA
EVART
ORCHARD
GENEVA
HALIFAX
COLUMBINE
COALINGA
GOLD RUSH
SHIRLEY
WHITEWATER
MONTE VISTA
VIA DANTE
TUDOR
U.P.R.R.
BANDERA
SADDLEBACK
VISTA BONITA
ALAMITOS
VIA CLASSICO
CENTRAL
GREENWOOD
CARRILLO
TAOS
RAMONA
HAWTHORNE
SURREY
ROCKFORD
BOLTON
GREENWOOD
I 10
CAMULOS
GREYCLIFF
YALE
MERLE
GRANADA
BODEGA
MILLS
THIRD
LEHIGH
COALINGA
CENTRAL
SYCAMORE
MONTE VERDE
EAST END
PRINCETON SAN PASQUAL
SAN MIGUEL
COLUMBINE
COLUMBINE
POULSEN
MILLS
FREMONT
VISTA FLORA
CARRIAGE
VIA ANGELO
CAMBRIDGE
MERLE
FELIPE
BENITO
MANE
BNSF - METROLINK
FLORA
ADA
SUN VALLEY
RAWHIDE
PIPELINE
RAMONA
EL MORADO
HELENA
Eton
CLYDESDALE
MISSION
FAUNA
OAKGROVE
PALOMINO
BEL AIR
SIERRA
DENVER
RODEO
FAUNA
SAN BERNARDINO
AMHERST
COLLEGE
NORTON
CAMBRIDGE
HELENA
SURREY
FIR
SAN FELIPE
BUCKINGHAM
HOWARD
ORCHARD
SANTA ANITA
MILLSTONE
ROSE U.P.R.R.
PALO VERDE
WILLOW
FREMONT
EUREKA
FLORA
LA DENEY
PORTILLA
MILLSTONE
MAITLAND
ARROW
GRANADA
CAMULOS
SHETLAND
EXETER
EVART
CORTEZ
RAMONA
MORGAN
CAMARENA
HOLT
WILLOW
STALLION
4 HARVARD
CANOGA
SURREY
1 VIA NAPOLI
2 VIA AIDA
3 VIA MORGANA DAVIS
4 VIA RIVIERA
5 VIA VIOLA
6 VIA CARA
VIA PALMA
PRADERA
OAK GLEN
VILLAGE
BERKELEY
CENTRAL
CABRILLO
WHITEWATER
GREENWOOD
U.P.R.R.
SHETLAND
PIPELINE
STALLION
CLAIR
RUDISILL
VISTA JUANITA
CARLTON
DORSET
SURREY
5 S.P.R.R.
DENVER
OLIVE
DARTMOUTH
POULSEN
CARRILLO
CANARY
CANOGA
BARRINGTON
BONNIE BRAE
AMHERST
DENVER
CARRIAGE
DEL MAR
SADDLEBACK
CUMBERLAND
HUNTINGTON
COVENTRY
SHETLAND
FREMONT
CARLTON
GRAND
VISTA MADERA VISTA DEL RIO
MISSION
ARABIAN
KINGSLEY
HELENA
HOWARD
EL MORADO
CHICO
SADDLEBACK
FAUNA
1 VISTA DEL SOL
2 VISTA DEL ORO
3 VISTA HERMOSA
KINGSLEY
EVART
FELIPE
HAWTHORNEBEL AIR
VIA ABBY
CYPRESS
FELIPE
CARRIAGE
KIMBERLY
SAN JOSE
FLORA
HARVARD
CARRILLO
PALO VERDE
SILICON
HOLT
EXETER
MILLS
CENTRAL
RAMONA
RAMONA
BERKSHIRE
FAUNAHELENA
HICKORY
GRANADA
FELIPE
COVECREST
VIA DEL SUR
MONTE VISTA
PRADERA
SAN B ERNARDINO
SUNDANCE
FELIPE
KIMBERLY
MORGAN
OLIVE
HARTFORD
POULSEN
OAK GLEN
RAMONA
BEL AIR
BEL AIR
ROSEWOOD
CAMULOS
PRADERA
LA DENEY
CAMARENA SOUTH
PLAZA
ALAMITOS
PEACHWOOD
GALENA
VISTA PLAYA
FREMONT
BELGIAN
BENSON
KADOTA
BENSON
AMHERST
MAPLE
MONTE VISTA
ROUNDUP
EL MORADO
KIMBERLY
PHILLIPS
MISSION
YOSEMITE
BROOKS
VIA AMORE
S.P.R.R.
3 MARION
ASH
VERNON
KIMBERLY
TUDOR
DORSET
OAKDALE
DEODAR
CAMPHOR
GRAND
HELENA
MORENO
ADA
LEHIGH
SAN JOSE
COLUMBINE
VIA ELDA
POULSEN
BUCKSKIN
CHANDLER
CENTRAL
ROSEWOOD
GRAND
BERKELEY BUCKSKIN
NORTON
BOLTON
HUMBOLT
BIGSKY
SADDLEBACK
ARMSLEY
FLORA
ROSEWOOD
BRUNSWICK
HARVARD
FELIPE
EL MORADO
QUAIL KNOLL
MESA VERDE
JAMES CAMULOS
VERNON
GREENWOOD
GENEVA
DALE
BENSON
ADOBE
CLAIR
TUDOR
COLUMBINE
1 CORANADA
BROOKS
NORTH
PLAZA
LINDERO
BENITO
MARION
1 BANYAN
FAUNA
PHILLIPS
ROSE
ROSEWOOD
MONTE VISTA
HOLT
LINDERO
6 PHILLIPS FAIRCOVE FREMONT
MILLS
PRINCETON
YALE
DEL SOTO
VAIL
SAN RAFAEL
WESLEY
RAMONA
KINGSTON
ROSE
CENTRAL
CLAIR
FLORA
LA DENEY
VISTA VERDE
STATE
TUDOR
SURREY
LA DENEY
ROSE
CANOGA
BENSON
3 FLORA
Ramona Pl
MARION
POULSEN
RICHTON
WESLEY
BELVEDERE
AUTOPLEX
OLIVE
PRINCETON
EVART
APPLEGATE
YOSEMITE
VERNON
OLIVE
MISSION
RODEO
5700
9400
11400
9100
4900
4100
10400
9700
5400
11100
3800
10100
9800
5500
11000
8900
11200
4700
9500
5200
9200
10000
5000
10700
4400
5300
8700
9300
3900
10800
10200
4500
5600
9000
10500
4800
4200
9600
5100
10600
3700
4300
9900
10900
11300
8800
4000
4600
10300
Moreno
Elementary
School
Montclair
High School
Lehigh
Elementary
School
Serano
Middle
School
Vernon
Middle
School
Monte Vista
Elementary
School
Kingsley
Elementary
School
Howard
Elementary
School
Ramona
Elementary
School
Buena Vista
Elementary
School
Mission
Elementary
School
Montera
Elementary
School ´
Source: City of Montclair, CA 2023 Departments\Pub Wrks\Ortega\Stop_Sign_Replacement.mxd RPC Legend
City&UHZ
Contractor
2WKHUGranWV
Schools
City Boundary
Ontario
County
Montclair
Flashing S723 Sign
Replacement Program
; *00DLQ6WUHHW*UDQW)XQGHG/RFDWLRQV
;
; ;
;
;
;
; ;
;
;
;
;
;
;
;
;
; ;
; ;
;
;
; ;
*0RQ0DLQ6WUHHW*UDQW3URJUDP
5RDG6DIHW\,QQRYDWLRQIRU'RZQWRZQV
MONTCLAIR CITY COUNCIL MEETING – 07/06/2026 Page 89 of 193 2600 Virginia Avenue NW, Suite 1000 Washington, DC 20037 E [email protected] P 202.588.6000 F 202.588.6038 www.PreservationNation.org May 14, 2026
Edward Starr
City of Montclair
5111 Benito Street
Montclair, CA 91763
(909) 625-9405
[email protected]
GM on Main Street Grant to the City of Montclair, California
1. Grant and Budget. The National Main Street Center, Inc. (the “Grantor”) has awarded a grant to the City of Montclair, California (the “Grantee”) in the amount of $60,000.00 (the “Grant”) to be used for the GM on Main Street Grant Program (as defined in Paragraph 2). In accepting the Grant, Grantee agrees to all of the terms and conditions of this grant agreement (“Agreement”).
2. Use of Grant. Grantee shall use the Grant solely for the following purpose (the “GM on Main Street Grant Program”):
1. To implement transformative and innovative road safety initiatives in the community’s local commercial district(s) or central community location. These projects may serve as models and/or be scaled for other Main Street programs to adopt and implement similar projects. Generously sponsored by General Motors (GM), this grant program aims to serve communities located near GM facilities.
2. Grantee shall use the Grant for one or more of the following eligible purposes (the “GM on Main Street Grant Program”):
a. Construction/installation supplies and materials
b. Equipment
c. Labor costs for construction/rehabilitation/installation/artist fees d. Artist’s supplies and fees associated with a community engagement design process (i.e. artful bike racks or traffic calming features informed by facilitated community discussions)
e. Other physical items
f. One-off event costs/programming for initial activation of the space g. Engineering and architectural plans or fees (up to 20% of $60,000 grant budget) Note that staff salaries (labor beyond initial construction, rehabilitation, or installation costs), regular operational and maintenance expenses, and reimbursement for projects that are already completed are NOT eligible grant expenses.
Docusign Envelope ID: A09D30F0-B01A-85B2-82B0-2A04693EA63E MONTCLAIR CITY COUNCIL MEETING – 07/06/2026 Page 90 of 193 2 Any changes in the purposes of the GM on Main Street Grant must be approved by Grantor in advance, in writing. Grantee must contact the Grantor at [email protected] to discuss in advance any proposed changes to the use of the GM on Main Street Grant.
Unless otherwise agreed upon in writing by Grantor, Grant funds must be used to achieve the GM on Main Street Grant Program as described above and as otherwise outlined in the Grantee’s underlying GM on Main Street Grant Program application (“Application”), which is incorporated by reference in this Agreement.
Administration of the Grant will follow the process described herein. a) The Grant will be paid up front and in full within thirty (30) days following receipt by the Grantor of this fully executed Agreement and the required funding documentation by 12:00 p.m. Central Time on May 18th, 2026.If Grantee does not provide all required documents by such date, Grantee will be deemed to have forfeited the Grant, and the Grantor may, its sole discretion, award the Grant to another applicant of the GM on Main Street Grant Program. Any and all federal, state and local taxes are the sole responsibility of the Grantee. All correspondence between Grantor and Grantee will be conducted via email or phone and Grantee must respond promptly to Grantor’s requests. The return of any email notification message or document sent to Grantee as “undeliverable” may result in disqualification of the Grantee, the forfeiture of any interest in the Grant and the selection of a substitute from among all remaining eligible finalists.
The Grantee is required to complete the GM on Main Street Grant Program in compliance with the terms and conditions stated in the Application and this Agreement by December 31, 2026, within seven (7) months after receipt of the Grant funds (the “Completion Date”).
______ Please Initial Here
b) If Grantee commits a material breach of this Agreement, or fails to submit any required documentation, or has not completed the GM on Main Street Grant Program project by the Completion Date, then at the sole discretion of Grantor, the Grant may be terminated, in which case the Grantee will be required to return the Grant funds. If Grantee completes the project by the Completion Date, but does not use the full amount of the Grant funds, the Grantee will be required to return the unused Grant funds at Grantor’s request. ______ Please Initial Here
Docusign Envelope ID: A09D30F0-B01A-85B2-82B0-2A04693EA63E MONTCLAIR CITY COUNCIL MEETING – 07/06/2026 Page 91 of 193 3 c) Grantee agrees to submit their FIRST PROGRESS REPORT by August 31, 2026, within three (3) months after receipt of the Grant funds, their SECOND PROGRESS REPORT by October 31, 2026, within five (5) months after receipt of the Grant funds, and a FINAL GRANTEE REPORT by January 15, 2027, following the December 31, 2026 implementation deadline, seven (7) months after receipt of the Grant funds.
The progress report forms and final report form to be completed will be emailed to Grantee. The final report shall include (i) a description of the final completed project, (ii) the impact of the final completed project, (iii) new partnerships created as a result of the GM On Main Street Grant Program, (iv) any replication of their grant-winning ideas in other communities, and (v) clear documentation, through photos, project expenditure line items, line item descriptions, and the total amount spent on the project, including local dollars raised or leveraged as a result of the GM on Main Street Grant Program funds of how the funds were spent, confirming expenditure of grant funds, all in accordance with terms and conditions of this Agreement.
______ Please Initial Here
Grantee agrees to submit photo documentation of the physical project improvements (before and after photos) within seven (7) months of receipt of the Grant funds. ______ Please Initial Here
Grantee permits General Motors and the National Main Street Center, Inc. to use report responses and project photos on external marketing channels. ______ Please Initial Here
Copies of all related reporting forms will be made available in electronic format.
3. Funding Documentation. Grantee shall deliver to Grantor all of the following by 12:00 p.m.
Central Time on May 18th, 2026:
a) Organization W-9;
b) Bank information; and
c) This Agreement – fully signed.
4. Acknowledgement of Support. Grantee agrees to acknowledge the support of the GM on Main Street Grant Program in all print, audio, electronic, and film/video media that it produces concerning the Grant project by including the following statement:
“This project is supported by the GM on Main Street Grant Program, presented by General Motors and Main Street America.”
5. Inspections. Grantee agrees to permit representatives of the Grantor, with reasonable notice, to inspect the GM on Main Street Grant Program project to ensure that the work is progressing as planned and that the Grant funds are being used for the purposes stated herein.
6. Representations and Warranties. Grantee hereby represents and warrants the following:
a) Grantee is a 501(c)(3) or 501(c)(6) organization or a municipal government entity. b) Grantee is based in one of the eligible select counties where GM facilities are located.
Docusign Envelope ID: A09D30F0-B01A-85B2-82B0-2A04693EA63E MONTCLAIR CITY COUNCIL MEETING – 07/06/2026 Page 92 of 193 4 c) The representative executing this Agreement has the power and authority to bind the Grantee to the terms and conditions stated herein.
7. Compliance with Laws; Safety. Grantee will, at all times throughout the duration of the GM on Main Street Grant Program project, comply with all applicable federal, state and municipal laws, including but not limited to all applicable public health and safety standards.
8. Intellectual Property. Grantor and Grantee each grant to the other a royalty-free, limited, non-transferrable, non-exclusive right and license to use the other party’s name, trademarks, logos, illustrations and designs (collectively, “IP”) solely in connection with the GM on Main Street Grant Program. All uses of the other party’s IP on or in any material or verbal addresses associated with the GM on Main Street Grant Program must be approved by the party whose IP is used, prior to the use. The IP shall remain the property of its owners and its affiliates, and the rights granted under this Agreement with respect thereto terminate upon termination of this Agreement. Each party represents, warrants and agrees that its IP to be used in connection with the GM on Main Street Grant Program does not infringe the name, trademarks, logos, illustrations, designs, copyrights or other intellectual property or other rights of any third party.
9. Publicity Grant. Grantee grants to Grantor and General Motors, and their respective designees, successors, licensees and assigns a nonexclusive, royalty free, perpetual and transferable license to use any and all information, documents, photographs and any other materials provided by Grantee in connection with the Application and/or Grant, in whole or in part, including, without limitation, the names, logos, cities and states of residence, photos, videos, quotes and statements (in written or recorded oral form), and likenesses, in any manner, in any and all media, now known or hereafter devised, throughout the world, for advertising, promotional and other purposes, without further compensation, notification or permission. Grantee agrees that Indemnitees (as defined below) are not responsible for any unauthorized use by third parties of any materials submitted to Grantor and General Motors. Neither Grantor nor General Motors have any obligation to make use of the rights granted herein.
Grantor and/or General Motors will make a public announcement of the Grant. Prior to Grantor’s and/or General Motors’ public announcement, Grantee agrees not to make any announcement or release any information concerning the Grant or any matter relating to this Agreement without the prior written approval of Grantor and General Motors. After Grantor’s and General Motors’ public announcement, Grantor and General Motors must be listed as a supporter or sponsor in any materials and publicity releases. Should materials relating to the GM on Main Street Grant Program be published for distribution by Grantee, appropriate acknowledgement of Grantor’s and General Motors’ support must be given by using the following statement:
“Made possible by General Motors and National Main Street Center, Inc.”
10. Release. Grantee hereby, for itself and its successors and assigns, waives and releases any and all rights and claims Grantee may have against Grantor and/or General Motors from any and all claims for damages of any kind, whether in tort or contract, known or unknown, relating in any manner to the GM on Main Street Grant Program, the Application, and/or this Agreement.
11. Indemnification. Grantee hereby irrevocably and unconditionally agrees, to the fullest extent permitted by law, to release, indemnify, discharge and hold harmless Grantor and General Motors, and their respective parents, affiliates, subsidiaries, and advertising and promotion agencies, and the respective officers, directors, shareholders, employees, representatives and agents of the foregoing (collectively, “Indemnitees”) from any and all injuries, liability, losses and damages of any kind to persons, including death, or property resulting, in whole or in part, directly or indirectly, from (i) Grantee’s Application; (ii) Grantee’s participating in the GM on Main Street Grant Program or any Program-related activity; (iii) Grantee’s acceptance of the Grant; (iv) Grantee’s breach of any representation, warranty, covenant or agreement in the Application and/or this Agreement; (v) any act or omission of Grantee, its officers, directors, employees, or agents, in applying for or accepting the Grant, in expending or applying the proceeds of the Grant, or in carrying out the GM on Main Street Grant Program project; or (vi) Grantor’s or General Motors’ use of the rights Docusign Envelope ID: A09D30F0-B01A-85B2-82B0-2A04693EA63E MONTCLAIR CITY COUNCIL MEETING – 07/06/2026 Page 93 of 193 5 granted herein. In the event of any action, proceeding or claim initiated by a third party against an Indemnitee, as to which an indemnification obligation arises under this Agreement (“Third Party Claim”), the Indemnitee shall promptly notify Grantee in writing of such Third Party Claim. The Indemnitee shall cooperate with Grantee, at Grantee’s expense, in defense or settlement of the Third Party Claim. The Indemnitee may join in the defense of such action with counsel of its choice at its own expense.
12. Insurance. Grantee agrees to maintain insurance in commercially reasonable amounts calculated to protect itself, Grantor and General Motors from any and all claims of any kind or nature for damage to property or personal injury, including death, that may arise from activities performed under this Agreement, whether the activities are performed by Grantee, its officers, directors, employees, members, contractors and/or agents. If Grantee is completing a physical improvement project (as defined in Paragraph 2.a.), Grantee agrees to maintain such policies at the minimum coverage of (i) $1 million per occurrence and $2 million annual aggregate for commercial general public liability; (ii) $1 million combined single limit per occurrence for automobile liability; and (iii) statutory limits as required for the state in which the GM on Main Street Grant Program project is located for workers’ compensation insurance and $1 million each accident/each employee for employer’s liability insurance. Grantee shall provide to Grantor certificates of insurance evidencing such coverage which shall list Grantor and General Motors as additional insureds. All insurance maintained by Grantee shall be primary over insurance maintained by Grantor and/or General Motors, which shall be considered excess and non-contributing.
13. Breach. Grantee’s failure to comply with the terms and conditions of this Agreement, including, without limitation, any failure to:
a) meet the deadlines and submittal of related forms as specified in Paragraph 2; b) obtain the Grantor’s written approval of any proposed changes in the use of Grant funds before implementation; or
c) complete the GM on Main Street Grant Program project as described in Paragraph 2. shall entitle Grantor to all available rights and remedies at law or in equity.
14. Lobbying and Political Activities. Grantee shall use no portion of the Grant to participate in any political campaign on behalf of or in opposition to any candidate for public office, or to support attempts to influence legislation of any governmental body other than through making available the results of non-partisan analysis, study and research, to induce or encourage violations of law or public policy, to cause any private inurnment or improper private benefit to occur, nor to take any other action inconsistent with Section 501(c)(3) of the Code.
15. Non-Discrimination. Grantee agrees to not discriminate against any employee or applicant for employment because of actual or perceived race, color, national origin, creed, age, gender, marital status, sexual orientation, religion, mental and physical disabilities, sex (including pregnancy), personal appearance, gender identity or expression, family responsibilities, genetic information, matriculation, political affiliation or veteran status.
16. Change in Status. Grantee shall notify Grantor immediately of any change in (a) Grantee’s tax-exempt status, if applicable, or (b) Grantee’s executive staff or key staff responsible for or instrumental to achieving the Grant purposes.
17. Force Majeure. Either party may terminate or suspend its obligations under this Agreement if substantial performance of such obligations is delayed, prevented, or rendered impractical by an event beyond the party’s reasonable control and without its fault or negligence, including, but not limited to: acts of God, acts of war or the public enemy, terrorism, fires, floods, epidemics, pandemics, quarantine restrictions, strikes (other than own employees), freight embargoes and unusually severe weather, laws, regulations or orders of governmental authorities, curtailment of transportation facilities, or other emergency making it illegal, impossible or impractical to perform this Agreement as planned. Pursuant to this Paragraph 17, if Grantee is prevented from performing the GM on Main Street Grant Program project or its obligations set forth in this Agreement for Docusign Envelope ID: A09D30F0-B01A-85B2-82B0-2A04693EA63E MONTCLAIR CITY COUNCIL MEETING – 07/06/2026 Page 94 of 193 6 ninety (90) consecutive days, Grantor shall have the right to terminate the Grant and this Agreement and Grantee shall be obligated to return to Grantor any Grant funds it has not yet expended.
18. Confidentiality. The Grantee shall maintain in strict confidence any Confidential Information of Grantor and/or General Motors that the Grantee reviews, receives, or acquires in the performance of this Agreement. “Confidential Information” means, subject to the limitation set forth below: economic and financial information, sales and marketing plans, information and materials obtained from interviews or surveys, personnel information, membership and donor lists, business procedures, solicitation or contact methods, and any other information regarding the business of Grantor and/or General Motors. Confidential Information does not include information that: (i) is or becomes available from public sources through no wrongful act of the Grantee; (ii) is already in the Grantee’s possession prior to the date of this Agreement without an obligation of confidentiality, except for information disclosed during discussions related to this Agreement; (iii) is rightfully disclosed to the Grantee by a third party with no obligation of confidentiality; or (iv) is independently developed by the Grantee. The Grantee may disclose Confidential Information to its accountants, counsel, and other financial and legal advisors who have a need to know for the purpose of this Agreement and who are obligated to maintain the Confidential Information in accordance with the terms and conditions of this Agreement, or as required to be disclosed pursuant to any court or regulatory order served on the Grantee. The Grantee shall not publicly release any information concerning Grantor and/or General Motors or any subject relating to this Agreement, unless approved in advance and in writing by Grantor. This approval will not be unreasonably withheld.
19. Assignment; Transfer. Third Party Beneficiaries. This Agreement may not be assigned by the Grantee without the prior written approval of the Grantor. The Grantee may not transfer the Grant to another person or entity without the prior written approval of the Grantor. General Motors shall be considered a third-party beneficiary of this Agreement, entitled to all the rights and benefits hereunder as if it were a direct party to the Agreement.
20. Governing Law. This Agreement is made in and will be governed by the laws of the District of Columbia.
21. Entire Agreement. This Agreement together with the Application supersedes any prior oral or written understandings or communications between the parties and constitutes the entire agreement of the parties with respect to the subject matter hereof. In the event of any conflict between this Agreement and the published terms and conditions of the GM on Main Street Grant Program, this Agreement shall control. This Agreement may not be amended or modified except in a written document signed by both parties hereto.
Please acknowledge your acceptance of this Agreement by signing and returning the signed grant agreement via DocuSign.
Please direct questions regarding this Grant or your reporting requirements to the National Main Street Center, Inc. by email to [email protected] with the subject line “GRANT AGREEMENT QUESTION” or “GRANT REPORTING QUESTION.”
Docusign Envelope ID: A09D30F0-B01A-85B2-82B0-2A04693EA63E MONTCLAIR CITY COUNCIL MEETING – 07/06/2026 Page 95 of 193 7 By signing and returning this Agreement you acknowledge that these Grant funds will be used expressly for the purposes described herein and are subject to the terms and conditions contained herein.
AGREED AND ACCEPTED BY:
_______________________________ _____________
Grantee Representative Signature Date
Name: Edward Starr
Title: City Manager
Organization Name/Municipal Government Entity: City of Montclair, California _______________________________
Matthew Wagner, Ph.D.
Chief Innovation Officer
National Main Street Center, Inc.
_____________________________________________________________________________________ Hannah Mira Friedland
Manager of Grantmaking
GM on Main Street Grant Program Supervisor
National Main Street Center, Inc.
Docusign Envelope ID: A09D30F0-B01A-85B2-82B0-2A04693EA63E 5/16/2026
MONTCLAIR CITY COUNCIL MEETING – 07/06/2026 Page 96 of 193
CITY COUNCIL
AGENDA REPORT
DATE: JULY 6, 2026
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 6
FILE I.D.: FRD057
DEPT.: FIRE
PREPARER: R. DIERCK
SUBJECT: CONSIDER APPROVAL OF AGREEMENT NO. 26–37 WITH CONSOLIDATED FIRE
AGENCIES OF SAN BERNARDINO COUNTY (CONFIRE) FOR CONTINUED DISPATCH
AND COMMUNICATION SERVICES, SUBJECT TO ANY REVISIONS DEEMED NECESSARY
BY THE CITY ATTORNEY
REASON FOR CONSIDERATION: The City Council is requested to consider approval of Agreement No. 26–37 with Consolidated Fire Agencies of San Bernardino County (CONFIRE) for continued dispatch and communication services, subject to any revisions deemed necessary by the City Attorney.
A copy of proposed Agreement No. 26–37 is attached for the City Council’s review and consideration.
BACKGROUND: CONFIRE currently provides dispatch and communication services for the Fire Department under Agreement No. 25–27, which expires on June 30, 2026.
Proposed Agreement No. 26–37 is for Fiscal Year 2026–27.
CONFIRE is a multiagency fire, emergency medical service, and local government dispatch center located at the southwest end of Rialto Municipal Airport adjacent to the County Emergency Operations Center. CONFIRE's primary mission is to provide direct fire/EMS dispatch service 24 hours a day, seven days a week for the CONFIRE Joint Powers Authority as well as contracting fire agencies.
CONFIRE utilizes state–of–the–art computer systems running TriTech CAD with ProQA for emergency medical dispatching, Automatic Vehicle Location (AVL) software, integrated telephone systems running VESTA, and radio systems consisting of VHF and Motorola 800 MHz trunked Smartnet Systems. One of the main advantages provided by contracting with CONFIRE is the use of AVL software, which allows dispatchers to know where fire units are located in real time via a satellite surveillance system. This system allows for the closest fire unit available to be dispatched to an emergency regardless of jurisdictional geography. Proposed Agreement No. 26–37 includes the annual maintenance fees of the WestNet First–In Fire Station Alerting System. CONFIRE has a bulk agreement with WestNet for supported agencies to receive group pricing—this cost has been included in the proposed Agreement with CONFIRE.
Contracting with CONFIRE continues to be the most prudent and cost-effective option for dispatch and communication services.
FISCAL IMPACT: Approval of Agreement No. 26–37 would result in a net cost of $360,469 for Fiscal Year 2026–27, which is included in the proposed Fiscal Year 2026– 27 Budget in Program 4533 Emergency Services, Emergency Communication Services.
The cost of service for each contracting agency is based on each contracting agency’s call volume for the prior calendar year, as well as costs associated with equipment replacement, technology support, and administration.
RECOMMENDATION: Staff recommends the City Council approve Agreement No. 26–37 with CONFIRE for continued dispatch and communication services, subject to any revisions deemed necessary by the City Attorney.
MONTCLAIR CITY COUNCIL MEETING – 07/06/2026 Page 97 of 193 Agreement No. 26-37
Contracting Agency Agreement between CONFIRE and City of Montclair Fire Department
CONSOLIDATED FIRE AGENCIES
CONTRACTING AGENCY AGREEMENT
(City of Montclair Fire Department)
This Agreement (“Agreement”) is by and between the Consolidated Fire Agencies (“CONFIRE”), a joint powers authority duly authorized and existing under Government Code, § 6500 et seq., and the City of Montclair Fire Department (“Contracting Agency”), a fire protection district duly authorized and existing under Health & Safety Code § 13800 et seq. CONFIRE and Contracting Agency may be individually referred to as a “Party” and collectively as the “Parties.”
1. EXHIBITS
This Agreement has multiple Exhibits. Any Exhibit that is specified in this Agreement is by this reference made a part of it.
Exhibits include:
• Exhibit A: Scope of Services
o Appendix 1: Optional Seat Based Products Available
• Exhibit B: Compensation
• Exhibit C: Effective Date and Term
• Exhibit D: General Terms and Conditions
• Exhibit E: HIPAA Business Associate Agreement
o Appendix 1: General Terms and Conditions to HIPAA
Business Associate Agreement
2. INDEPENDENT CONTRACTOR
a. CONFIRE, in the performance of this Agreement, is and shall act as an independent contractor.
b. Neither Contracting Agency, nor any of Contracting Agency’s employees, shall be considered officers, employees, agents, partner, or joint venture of CONFIRE; nor shall such persons be entitled to benefits of any kind or nature normally provided to employees of CONFIRE.
c. Neither CONFIRE nor any of CONFIRE’s employees shall be considered officers, employees, agents, partner, or joint venture of Contracting Agency; nor shall such persons be entitled to benefits of any kind or nature normally provided to employees of Contracting Agency.
MONTCLAIR CITY COUNCIL MEETING – 07/06/2026 Page 98 of 193 Agreement No. 26-37
Contracting Agency Agreement between CONFIRE and City of Montclair Fire Department
3. SCOPE OF SERVICES
CONFIRE shall furnish to the Contracting Agency the services described in Exhibit A (“Services”).
4. COMPENSATION
CONFIRE shall receive payment, for Services rendered pursuant to this Agreement, as specified in Exhibit B (“Compensation”).
5. EFFECTIVE DATE AND TERM
The Effective Date and Term are set forth in Exhibit C.
6. GENERAL TERMS AND CONDITIONS
The General Terms and Conditions are set forth in Exhibit D.
7. NOTICE
Any notice required by this Agreement may be given either by personal service or by deposit (postage prepaid) in the U.S. mail addressed as follows:
To CONFIRE:
Consolidated Fire Agencies
Attn: Nathan Cooke,
Interim Executive Director
1743 Miro Way
Rialto, CA 92376
To Contracting Agency:
City of Montclair
Attn: Ryon Dierck, Fire Chief
5111 Benito St.
Montclair, CA 91763
8. HIPPA BUSINESS ASSOCIATE AGREEMENT
The “Business Associate Agreement by and between Contracting Agency and CONFIRE” is set forth in Exhibit E.
The Parties have executed this Agreement on the dates indicated below.
Consolidated Fire Agencies
Date: , 2026
By:
Print Name: Nathan Cooke
Its: Interim Executive Director
City of Montclair Fire Department
Date: , 2026
By:
Print Name:
Its:
EXHIBIT A
MONTCLAIR CITY COUNCIL MEETING – 07/06/2026 Page 99 of 193 Agreement No. 26-37
Contracting Agency Agreement between CONFIRE and City of Montclair Fire Department
to CONTRACTING AGENCY AGREEMENT
SCOPE OF SERVICES
1. CONFIRE shall provide the following services to the Contracting Agency (“Services”):
a. Answer emergency calls transferred to CONFIRE by the Contracting Agency’s primary public-safety answering point (PSAP) or other authorized reporting mechanisms.
(1) For emergency medical calls, CONFIRE shall utilize an accredited Emergency Medical Dispatch (EMD) protocol. This also includes the use of an Emergency Care Nurse System (ECNS).
b. Provide emergency fire, rescue, and ambulance dispatch services to Contracting Agency on a twenty-four (24) hours per day basis, seven (7) days a week. c. Upon receiving an emergency call, alert Contracting Agency’s appropriate station, personnel, and equipment, identifying the appropriate equipment. (1) The primary modes of alerting are: the County of San Bernardino’s Public Safety Radio System , voice delivered over the Public Safety Radio System, and an IP-based data stream delivered over a circuit that must be received and broadcast in stations by Contracting Agency-owned equipment. d. Record and retain audio recordings of requests for emergency service and the primary radio traffic associated with the emergency incident. (1) Records retained in compliance with CONFIRE Board approved records retention policy
e. Record and retain incident records stored in CONFIRE’s computer aided dispatch (CAD) system, which includes information related to the incident that includes reported times, location, nature of emergency, call-back number, units responding to the incident, and any other data recorded electronically during the incident. (1) Records retained in compliance with CONFIRE Board approved records retention policy
f. Respond to Public Records Requests initiated by the Contracting Agency or the public for the above-mentioned records in compliance with the California Public Records Act and other applicable statutes.
g. As deemed appropriate by CONFIRE, provide trained and certified staff, supervision, and management personnel to support the services CONFIRE provides.
h. Provide 40-hour per week Duty Chief coverage for the Valley Dispatch Center.
MONTCLAIR CITY COUNCIL MEETING – 07/06/2026 Page 100 of 193 Agreement No. 26-37
Contracting Agency Agreement between CONFIRE and City of Montclair Fire Department
i. Provide, on an ongoing basis, Geofile maintenance services for the purpose of maintaining the accuracy of the geographic information in the computer-aided dispatch system.
(1) This may include updating the Street Network, modifying response areas and various overlays (ambulance, mutual threat areas etc), and providing other Geofile services necessary to the dispatch services described above. j. Make available to the Contracting Agency the Agency Fire Response Map. (1) This is an electronic map of the Contracting Agency’s immediate area of responsibility and adjacent jurisdictions. The map references (pages) will be the only map referenced in the dispatching process.
(2) CONFIRE will make these electronic maps available to agencies through electronic means.
(3) Agencies may print maps and created hard copy map books at their own expense.
k. Provide Contracting Agency use and access to the following software programs:
Product/System Comment
*Central Square - Visinet CAD Records
*Image Trend - EPCR w/ Firstwatch
Integration
EMS/Fire reporting
software
*Pulsepoint Public incident
notification application
*SolarWinds CONFIRE MIS Help
Desk
*Civic Plus Next Request Online Public Records
Request (PRA) system
*Active 911 (agency pays their own
subscription)
Responder notification
application
**Incident Qualification System (IQS) Personnel Certs & Quals database
** Firstwatch (basic package) Agency response
reporting data platform
** Tablet Command (end user license and
required modules)
Mobile Data Device for
unit location, status and
response information
*Universal cost basis (per Exhibit B:A-1)
** Seat-based cost basis (per Exhibit B:A-1)
MONTCLAIR CITY COUNCIL MEETING – 07/06/2026 Page 101 of 193 Agreement No. 26-37
Contracting Agency Agreement between CONFIRE and City of Montclair Fire Department
l. Provide all equipment and support reasonably necessary for CONFIRE to deliver the services described in 1.a. through 1.j. above.
2. CONFIRE offers additional services/products on a seat-based cost model. These are listed in Appendix 1 to Exhibit A of this agreement.
a. The Contracting Agency shall indicate which of the services/products listed in Appendix 1 of this Exhibit it will utilize and the quantity of each. b. Pricing for these services/products varies and is available upon request.
3. In receiving the Services, Contracting Agency shall do the following:
a. To the extent that such policies and procedures are not inconsistent with the policies and procedures of Contracting Agency, Contracting Agency shall comply with the policies and procedures of CONFIRE. (1) The policies and procedures of CONFIRE include, by way of illustration and not by limitation, all information technology security policies applicable to the Services.
(2) CONFIRE shall provide Contracting Agency access to CONFIRE’s existing policies and procedures upon execution of this Agreement and any updates as they are updated.
b. Comply with the latest technology directives issued by CONFIRE. (1) The directives include, by way of illustration and not by limitation, the directive mandating the provision of Automated Vehicle Location (AVL) services for all response vehicles through approved mobile incident command and response platform.
(2) The Contracting Agency shall be solely responsible for all costs associated with the procurement, licensing, cellular connectivity, deployment, and ongoing support of the required mobile incident command and response platform and agency mobile devices necessary to facilitate AVL functionality.
c. Acquire and maintain station alerting equipment which meets adopted CONFIRE standards and specifications.
d. The Contracting Agency shall be responsible for all costs associated with the purchase, licensing, installation, and ongoing replacement of customer-premise equipment required to support service delivery, in accordance with CONFIRE’s Equipment Replacement Schedule Policy and applicable cost recovery model.
MONTCLAIR CITY COUNCIL MEETING – 07/06/2026 Page 102 of 193 Agreement No. 26-37
Contracting Agency Agreement between CONFIRE and City of Montclair Fire Department
e. The Contracting Agency shall utilize the CONFIRE online Public Records Request system for agency requests for such information. The Contracting Agency shall also provide a link on its Agency website for the public to access the system to submit Public Records Requests.
4. The Contracting Agency is authorized to use CONFIRE’s radio talkgroups and frequencies by virtue of this Agreement. Authorization for use of these frequencies and talkgroups shall terminate upon termination of this Agreement.
The intent of the Parties is to keep primary dispatching and communications on existing CONFIRE JPA frequencies and talkgroups.
a. Maintain all radio and pager frequencies as required by CONFIRE.
MONTCLAIR CITY COUNCIL MEETING – 07/06/2026 Page 103 of 193 Agreement No. 26-37
Contracting Agency Agreement between CONFIRE and City of Montclair Fire Department
APPENDIX 1 TO EXHIBIT A
to CONTRACTING AGENCY AGREEMENT
OPTIONAL SEAT-BASED PRODUCTS AVAILABLE
Product Name Comments
ESRI Enterprise Agency-wide geospatial data
platform (maps, analytics)
ESRI Contributor Interactive map application
ESRI Creator Map, spatial analysis creator
application
ESRI Mobile Map-based field applications
ESRI Viewer Browser-based mapping tool
First Due Pre-planning platform
Firstwatch-Perform
Plus
Granular Analysis Capability
Firstwatch-First Pass EPCR QI Module
Firstwatch-FOAM Accreditation Analysis
Kronos Cloud Staffing software (Telestaff)
Twilio Text module for Kronos
Smart Sheet Project Management Software
TC End-User Managed Tablet Command Incident
management Module
TC Staff Integration Tablet Command Telestaff
Integration
West Net Agency Station Alerting Platform Support
West Net RIC/MCU Station Alerting Licenses
Seat-based cost basis (per Exhibit B:A-1)
MONTCLAIR CITY COUNCIL MEETING – 07/06/2026 Page 104 of 193 Agreement No. 26-37
Contracting Agency Agreement between CONFIRE and City of Montclair Fire Department
EXHIBIT B
to CONTRACTING AGENCY AGREEMENT
COMPENSATION
Compensation to be paid as follows:
A. FEES FOR SERVICES:
1. In exchange for the Services set forth in Exhibit A, paragraph 1, commencing with the 2026-27 Fiscal Year, Contracting Agency shall pay CONFIRE a sum identified by CONFIRE through its annual budget process, which shall be limited to Contracting Agency’s proportionate share of CONFIRE’s projected operating costs. CONFIRE shall provide written notice of this sum to Contracting Agency, delivered no later than May 30 of the preceding Fiscal Year. (Attachment A) a. Contracting Agency’s proportionate share of CONFIRE’s projected operating costs shall be computed as follows:
(1) All incidents dispatched by CONFIRE for Contracting Agency within its jurisdictional area during the preceding calendar year; divided by
(2) All incidents dispatched by CONFIRE during the preceding calendar year; results in
(3) Contracting Agency’s percentage of the total number of incidents dispatched.
b. This formula does not include direct costs incurred for ‘seat’ or inventorybased items such as software licenses, voice and data circuit charges, cellular devise charges etc. These costs, including support costs, are passedthrough to each agency and are not subject to the cost per call formula.
2. Invoices are issued on a quarterly basis.
3. Payment is due within thirty (30) days upon receipt of the invoice.
B. ADDITIONAL FEES:
1. Contracting Agency shall also pay an annual premium. a. This premium shall be paid annually and shall be five percent (5%) of Contracting Agency’s annual fee for services (see Paragraph A.1. above). b. Dollars paid pursuant to this provision shall:
(1) Be collected for and held in CONFIRE’s Term Benefit Reserve Fund (5011).
MONTCLAIR CITY COUNCIL MEETING – 07/06/2026 Page 105 of 193 Agreement No. 26-37
Contracting Agency Agreement between CONFIRE and City of Montclair Fire Department
(2) Be available to the Contracting Agency for use to offset membership costs should the Contracting Agency seek such status.
(3) If not used to offset membership costs, remain in this fund for use by CONFIRE as deemed appropriate.
c. For 2026-27, and each succeeding Fiscal Year: This annual premium will be assessed and paid, in the first quarter of each fiscal year. The amount will be included in the annual written notice referenced in Section A.1 of Exhibit B.
2. In the event that CONFIRE agrees to provide Contracting Agency with Additional Services, Contracting Agency shall pay CONFIRE for those Additional Services at the rate agreed by the Parties.
3. Contracting Agency shall pay directly to the appropriate telephone company(ies) all costs of telephone service to the Contracting Agency, and any foreign exchange telephone service, utilized for emergency numbers to CONFIRE. The Contracting Agency has the option to use the countywide emergency number (909-822-8071 or 800-340-9110) at no additional charge as a backup to the Emergency 9-1-1 System.
4. Contracting Agency shall pay CONFIRE the equipment replacement costs assessed by CONFIRE for damage to CONFIRE issued equipment caused by Contracting Agency’s use or misuse of said CONFIRE issued equipment, which shall be added to Contracting Agency’s payment set forth in Section A of this Exhibit B.
5. In the event that CONFIRE incurs additional costs or expenses as a result of Contracting Agency’s delay or failure in complying with the terms and conditions of this Agreement, Contracting Agency shall pay CONFIRE the amount of CONFIRE’s additional costs or expenses so resulting.
6. In the event of temporary complete disruption of service by CONFIRE, Contracting Agency has the right to assume dispatch functions at its discretion. As used herein, “temporary” means a period of time not to exceed twenty-four (24) hours from the time such service disruption occurs. If disruption occurs beyond twenty-four (24) hours, Contracting Agency shall not be charged for those days during the complete disruption period of time. A complete disruption shall mean all communication services by CONFIRE, including all backup methods, systems and protocols have become unavailable.
MONTCLAIR CITY COUNCIL MEETING – 07/06/2026 Page 106 of 193 Agreement No. 26-37
Contracting Agency Agreement between CONFIRE and City of Montclair Fire Department
EXHIBIT C
to CONTRACTING AGENCY AGREEMENT
EFFECTIVE DATE AND TERM
1. This Agreement is effective on July 1, 2026 (“Effective Date”).
2. Unless terminated or otherwise cancelled in accordance with this Agreement, the term of this Agreement shall be: (i) from the Effective Date through (ii) June 30, 2027 (the “Term”).
3. At anytime during the term of this agreement the Contracting Agency may submit to CONFIRE (in accordance with CONFIRE policies and regulations) an application to become a party to the CONFIRE Joint Powers Agreement.
4. Upon admission as a member of CONFIRE, the provisions of the CONFIRE Joint Powers Agreement and any bylaws, policies, or other instruments promulgated thereunder will govern the relationship between the parties of that CONFIRE Joint Powers Agreement and this Agreement will terminate.
MONTCLAIR CITY COUNCIL MEETING – 07/06/2026 Page 107 of 193 Agreement No. 26-37
Contracting Agency Agreement between CONFIRE and City of Montclair Fire Department
EXHIBIT D
to CONTRACTING AGENCY AGREEMENT
GENERAL TERMS AND CONDITIONS
1. PROVISIONS REQUIRED BY LAW DEEMED INSERTED. Each and every provision of law and clause required by law to be inserted in this Agreement shall be deemed to be inserted and this Agreement shall be read and enforced as though it were included. If through mistake or otherwise, any provision is not inserted or is not correctly inserted, then upon application of either Party, the Agreement shall be amended to make the insertion or correction. All references to statutes and regulations shall include all amendments, replacements, and enactments in the subject which are in effect as of the date of this Agreement, and any later changes which do not materially and substantially alter the positions of the Parties.
2. ASSIGNMENT AND SUCCESSORS. Neither Party shall, without the prior written consent of the other Party, assign the benefit or in any way transfer their respective obligations under this Agreement. This Agreement shall inure to the benefit of and be binding upon the Parties hereto and, except as otherwise provided herein, upon their executors, administrators, successors, and assigns.
3. SEVERABILITY. In the event that any provision of this Agreement shall be construed to be illegal or invalid for any reason, said illegality or invalidity shall not affect the remaining provisions hereof, but such illegal or invalid provision shall be fully severable and this Agreement shall be construed and enforced as if such illegal or invalid provision had never been included herein, unless to do so would frustrate the intent and purpose of this Agreement.
4. FORCE MAJEURE. No Party shall be liable to any other Party for any loss or damage of any kind or for any default or delay in the performance of its obligations under this Agreement (except for payment obligations) if and to the extent that the same is caused, directly or indirectly, by fire, flood, earthquake, elements of nature, epidemics, pandemics, quarantines, acts of God, acts of war, terrorism, civil unrest or political, religious, civil or economic strife, or any other cause beyond a Party’s reasonable control.
5. VENUE/GOVERNING LAWS. This Agreement shall be governed by the laws of the State of California. The venue of any action or claim brought by any Party to this Agreement shall be the County of San Bernardino.
6. ATTORNEY’S FEES. If suit is brought by either Party to enforce any of the terms of this Agreement, each Party shall bear its own attorney’s fees and costs.
7. ENTIRE AGREEMENT. This Agreement represents the entire agreement between Parties and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended or modified only by an agreement in writing, signed by both Contracting Agency and CONFIRE.
8. MODIFICATION. This Agreement may be amended at any time by the written agreement of CONFIRE and Contracting Agency.
9. WAIVER. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement.
10. AUTHORITY. The individual executing this Agreement on behalf of Contracting Agency warrants that he/she is authorized to execute the Agreement on behalf of Contracting Agency and that Contracting Agency will be bound by the terms and conditions contained herein.
11. HEADINGS AND CONSTRUCTION. Headings at the beginning of each paragraph and subparagraph are solely for the convenience of the Parties and are not a part of the Agreement. Whenever required by the context of this Agreement, the singular shall include the plural and the masculine shall include the feminine and vice versa. This Agreement shall not be construed as if it had been prepared by one of the Parties, but rather as if both Parties had prepared the same. Unless otherwise indicated, all references to paragraphs, sections, subparagraphs, and subsections are to this Agreement.
MONTCLAIR CITY COUNCIL MEETING – 07/06/2026 Page 108 of 193 Agreement No. 26-37
Contracting Agency Agreement between CONFIRE and City of Montclair Fire Department
12. COUNTERPARTS. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which, together, when signed by all of the Parties hereto, shall constitute one and the same instrument. A facsimile or electronic signature shall be as valid as an original.
13. INDEMNIFICATION.
A. By CONFIRE. CONFIRE shall indemnify, defend and hold harmless Contracting Agency, and all of its employees, officials, and agents (“Contracting Agency Parties”), from and against any and all claims, demands, suits, judgments, expenses and costs of any and every kind, whether actual, alleged or threatened, including attorney’s fees and costs, court costs, interest, defense costs, and expert witness fees, insofar as it may legally do so, arising from the negligent or wrongful acts or omissions of CONFIRE’S officers, agents, volunteers or employees (“CONFIRE’s Parties”) arising out of, or in any way attributable to, the performance of this Agreement. CONFIRE shall not be held responsible or liable for any loss, damage, detention or delay caused by strike, lockout, fire, flood, act or civil or military authority, insurrection or riot, or by any other cause which is not foreseeably within its control. CONFIRE’s obligation to defend the Contracting Agency Parties is not contingent upon there being an acknowledgement or determination of the merit of any claims, demands, actions, causes of action, suits, losses, liability, expenses, penalties, obligations, errors, omissions, and/or costs.
B. By Contracting Agency. Contracting Agency shall indemnify, defend and hold harmless CONFIRE Parties from and against any and all claims, demands, suits, judgments, expenses and costs of any and every kind, whether actual, alleged or threatened, including attorney’s fees and costs, court costs, interest, defense costs, and expert witness fees, insofar as it may legally do so, arising from the negligent or wrongful acts or omissions of Contracting Agency Parties arising out of, or in any way attributable to the performance of this Agreement.
Contracting Agency shall not be held responsible or liable for any loss, damage, detention or delay caused by strike, lockout, fire, flood, act or civil or military authority, insurrection or riot, or by any other cause which not foreseeably within its control. Contracting Agency’s obligation to defend CONFIRE Parties is not contingent upon there being an acknowledgement or determination of the merit of any claims, demands, actions, causes of action, suits, losses, liability, expenses, penalties, obligations, errors, omissions, and/or costs.
14. INSURANCE.
A. Each Party shall carry $1,000,000/$2,000,000 (occurrence/general and product/completed operations aggregate) of commercial general liability coverage (or participate in a public agency risk pool for such amount) and each Party agrees to give the other, its directors officers, employees, or authorized volunteers insured status under its policy using ISO “occurrence” form CG 00 01 or equivalent and to provide a certificate of insurance and additional insured endorsement. Commercial general liability insurance and endorsements shall be kept in force at all times during the performance of this Agreement.
B. Each Party shall carry Workers' Compensation Insurance, as required by the State of California and Employer’s Liability Insurance with a limit of not less than $1,000,000 each accident for bodily injury and $1,000,000 each employee for bodily injury by disease.
C. Each Party shall carry Automobile Liability Insurance (or participate in a public agency risk pool for such amount) with coverage at least as broad as ISO Form CA 0001 covering "Any Auto" (Symbol 1), including owned, non-owned and hired autos, or the equivalent with minimum limits of $1,000,000 each accident.
15. ASSUMPTION OF UNFUNDED LIABILITIES ATTRIBUTABLE TO CONTRACTING AGENCY.
A. The Parties expressly acknowledge:
(1) CONFIRE, in providing the Services to Contracting Agency, will incur otherwise unfunded liabilities, (e.g., continuing obligations to provide for the pensions CONFIRE staff hired to provide service to Contracting Agency) (“Unfunded Liabilities”);
(2) The Compensation set forth in the Agreement does not adequately compensate CONFIRE for such Unfunded Liabilities; and
MONTCLAIR CITY COUNCIL MEETING – 07/06/2026 Page 109 of 193 Agreement No. 26-37
Contracting Agency Agreement between CONFIRE and City of Montclair Fire Department
(3) The Parties intend this Section 15 to ensure that CONFIRE is held harmless from otherwise unfunded liabilities to the extent that those Unfunded Liabilities are attributable to Contracting Agency. (4) The Parties do not intend this Section 15 to apply to unfunded liabilities that are solely attributable to an increase in service level provided to all of CONFIRE’s member agencies and contracting agencies.
B. To the furthest extent permitted by applicable law, Contracting Agency shall indemnify CONFIRE from any and all liabilities of any kind, nature, and description directly or indirectly arising out of, connected with, or resulting from Unfunded Liabilities incurred by CONFIRE as a result of CONFIRE providing the Services to Contracting Agency, unless the liabilities are caused wholly by CONFIRE activities of general applicability to all of CONFIRE’s member agencies and contracting agencies. By way of illustration and not by limitation, in the event that CONFIRE must hire staff to render the Services to Contracting Agency, and as a result of this Agreement’s termination such staff must be laid-off, and as a result CONFIRE incurs unfunded pension liability, then Contracting Agency shall indemnify CONFIRE for such unfunded pension liability.
C. The provisions of Section 15.A and 15.B shall not be applicable to a Contracting Agency who applies for, and is accepted for, membership status in the CONFIRE joint powers agreement. In such cases, the provisions of the CONFIRE joint powers agreement then in effect shall control all matters relating to unfunded liability.
MONTCLAIR CITY COUNCIL MEETING – 07/06/2026 Page 110 of 193 Agreement No. 26-37
Contracting Agency Agreement between CONFIRE and City of Montclair Fire Department
EXHIBIT E
to CONTRACTING AGENCY AGREEMENT
BUSINESS ASSOCIATE AGREEMENT
BY AND BETWEEN
CONTRACTING AGENCY AND CONFIRE
This Business Associate Agreement (“BAA”) is entered into by and between Consolidated Fire Agencies (“Business Associate”), a California joint powers authority existing pursuant to Gov.
Code, § 6500 et seq., and the City of Montclair Fire Department (“Covered Entity”), a fire protection district duly authorized and existing under Health & Safety Code § 13800 et seq.
Business Associate and Covered Entity may be collectively referred to as the “Parties” or individually as a “Party.”
RECITALS
Covered Entity is contracting with Business Associate for the performance of certain services (“Services”), as set forth in the Agreement to which this BAA is attached as Exhibit D; Covered Entity is a covered entity as defined in 45 C.F.R. § 160.103; Business Associate is a business associate, as defined in 45 C.F.R. § 160.103, of Covered Entity; 45 C.F.R. § 164.504 requires that covered entities enter into agreements with their business associates that satisfy the requirements of 45 C.F.R. § 164.504(e)(2); and Business Associate and Covered Entity are both governmental entities for the purposes of 45 C.F.R. § 164.504 (e)(3)(i).
AGREEMENT
1. General Terms and Conditions
The General Terms and Conditions to this BAA are set forth in Appendix 1.
The Parties have executed this Agreement on the dates indicated below. The last of the two dates shall be the “Effective Date” of this BAA.
Consolidated Fire Agencies
Date: , 20
By:
Print Name: Nathan Cooke
Its: Interim Executive Director
City of Montclair
Date: , 20
By:
Print Name:
Its:
MONTCLAIR CITY COUNCIL MEETING – 07/06/2026 Page 111 of 193 Contracting Agency Agreement between CONFIRE and City of Montclair Fire Department
APPENDIX 1 TO EXHIBIT E
to CONTRACTING AGENCY AGREEMENT
General Terms and Conditions to Business Associate Agreement I. DEFINITIONS.
a. Generally. Capitalized terms used within the
BAA without definition, including within
this Appendix 1, shall have the meanings
ascribed to them in the Health Insurance
Portability and Accountability Act and 45
C.F.R. Part 160 and 164 (“HIPAA and
HIPAA Regulations”), and the Health
Information Technology for Economic and
Clinical Health Act and 45 C.F.R. Part 170
(“HITECH Act and Regulations”), as
applicable, unless otherwise defined herein.
HIPAA and HIPAA Regulations and
HITECH Act and Regulations are
collectively referred to herein as “Applicable
Law”.
b. Catch-all Definition. The following terms
used in this BAA shall have the same
meaning as those terms in the HIPAA and
HIPAA Regulations: Breach, Data
Aggregation, Designated Record Set,
Disclosure, Health Care Operations,
Individual, Minimum Necessary, Notice of
Privacy Practices, Protected Health
Information, Required By Law, Secretary,
Security Incident, Subcontractor, Unsecured
Protected Health Information, and Use.
II. OBLIGATIONS AND ACTIVITIES OF
BUSINESS ASSOCIATE.
Business Associate agrees to:
a. Not use or disclose Protected Health
Information other than as permitted or
required by this BAA, the Agreement, or as
required by law;
b. Use appropriate safeguards, and comply with
Subpart C of 45 CFR Part 164 with respect to
electronic Protected Health Information, to
prevent Use or Disclosure of Protected
Health Information other than as provided for
by this BAA;
c. Report to Covered Entity any Use or
Disclosure of Protected Health Information
not provided for by this BAA of which it
becomes aware, including breaches of
Unsecured Protected Health Information as
required at 45 CFR 164.410, and any Security
Incident of which it becomes aware;
d. In accordance with 45 CFR 164.502(e)(1)(ii)
and 164.308(b)(2), if applicable, ensure that
any Subcontractors that create, receive,
maintain, or transmit Protected Health
Information on behalf of the Business
Associate agree to the same restrictions,
conditions, and requirements that apply to
Business Associate with respect to such
information;
e. Make available Protected Health Information
in a Designated Record Set to Covered Entity
or to an individual whose Protected Health
Information is maintained by Business
Associate, or the individual’s designee, and
document and retain the documentation
required by 45 CFR 164.530(j), as necessary
to satisfy Covered Entity’s obligations under
45 CFR 164.524;
f. Make any amendment(s) to Protected Health
Information in a Designated Record Set as
directed or agreed to by the Covered Entity
pursuant to 45 CFR 164.526, or take other
measures as necessary to satisfy Covered
Entity’s obligations under 45 CFR 164.526;
g. Maintain and make available the information
required to provide an accounting of
Disclosures to the Covered Entity as
necessary to satisfy Covered Entity’s
obligations under 45 CFR 164.528;
h. To the extent the Business Associate is to
carry out one or more of Covered Entity's
obligation(s) under Subpart E of 45 CFR Part
164, comply with the requirements of
Subpart E that apply to the Covered Entity in
the performance of such obligation(s); and
i. Make its internal practices, books, and
records available to the Secretary for
purposes of determining Business
Associate’s or Covered Entity’s compliance
with HIPAA and HIPAA Regulations.
III. PERMITTED USES AND DISCLOSURES
BY BUSINESS ASSOCIATE.
a. Business Associate may only Use or Disclose
Protected Health Information as necessary to
perform the Agreement(s).
b. Business Associate may Use or Disclose
Protected Health Information as required by
law.
c. Business Associate agrees to make Uses and
Disclosures and requests for Protected Health
Information consistent with Covered Entity’s
Minimum Necessary policies and
procedures.
MONTCLAIR CITY COUNCIL MEETING – 07/06/2026 Page 112 of 193 Contracting Agency Agreement between CONFIRE and City of Montclair Fire Department
d. Business Associate may not Use or Disclose
Protected Health Information in a manner
that would violate Subpart E of 45 CFR Part
164 if done by Covered Entity.
IV. PERMISSIBLE REQUESTS BY COVERED
ENTITY.
a. Covered Entity shall not request Business
Associate to Use or Disclose Protected
Health Information in any manner that would
not be permissible under Subpart E of 45
CFR Part 164 if done by Covered Entity.
V. TERM AND TERMINATION.
a. Term. This BAA is effective as of the
Effective Date and will continue in force until
terminated.
b. Termination for Convenience. Either Party
may terminate this BAA at any time, for any
reason or for no reason, by giving the other
Party at least thirty (30) days’ prior written
notice.
c. Obligations of Business Associate Upon
Termination. Upon termination of this BAA
for any reason, Business Associate shall
return to Covered Entity or, if agreed to by
Covered Entity, destroy all Protected Health
Information received from Covered Entity, or
created, maintained, or received by Business
Associate on behalf of Covered Entity, that
the Business Associate still maintains in any
form. Business Associate shall retain no
copies of the Protected Health Information.
Upon termination of this BAA for any
reason, Business Associate, with respect to
Protected Health Information received from
Covered Entity, or created, maintained, or
received by Business Associate on behalf of
Covered Entity, shall:
i. Retain only that Protected Health
Information which is necessary for
Business Associate to continue its proper
management and administration or to
carry out its legal responsibilities;
ii. Return to Covered Entity or, if agreed to
by Covered Entity, destroy the
remaining Protected Health Information
that the Business Associate still
maintains in any form;
iii. Continue to use appropriate safeguards
and comply with Subpart C of 45 CFR
Part 164 with respect to electronic
Protected Health Information to prevent
use or disclosure of the Protected Health
Information, other than as provided for
in this Section, for as long as Business
Associate retains the Protected Health
Information;
iv. Not use or disclose the Protected Health
Information retained by Business
Associate other than for the purposes for
which such Protected Health
Information was retained and subject to
the same conditions which applied prior
to termination; and
v. Return to Covered Entity or, if agreed to
by Covered Entity, destroy the Protected
Health Information retained by Business
Associate when it is no longer needed by
Business Associate for its proper
management and administration or to
carry out its legal responsibilities.
d. Survival. The obligations of Business
Associate under this Section shall survive the
termination of this BAA.
VI. MISCELLANEOUS.
a. Governmental Access to Records. Business
Associate shall make its internal practices,
books and records relating to the Use and
Disclosure of PHI available to the Secretary
for purposes of determining Covered Entity’s
compliance with the Applicable Law. Except
to the extent prohibited by law, Business
Associate agrees to notify Covered Entity of
all requests served upon Business Associate
for information or documentation by or on
behalf of the Secretary. Business Associate
shall provide to Covered Entity a copy of any
PHI that Business Associate provides to the
Secretary concurrently with providing such
PHI to the Secretary.
b. Public Access and Ownership of Records.
Covered Entity is a local agency subject to
the Public Records Act, Government Code §
6250 et seq. (“PRA”). In the event that
Business Associate receives a request for
records prepared, owned, used, or retained by
Covered Entity or for records prepared,
owned, used, or retained by Business
Associate in the course and scope of
providing the services for Covered Entity
described in the Agreement as amended from
time to time (“PRA Request”), Business
Associate shall promptly forward a copy of
the PRA Request to Covered Entity for
fulfillment by the Covered Entity. Business
Associate understands and agrees that all
records produced under the Agreement as
amended from time to time are hereby the
property of Covered Entity and cannot be
used without Covered Entity's express
written permission. Covered Entity shall
have all right, title and interest in said
records, including the right to secure and
MONTCLAIR CITY COUNCIL MEETING – 07/06/2026 Page 113 of 193 Contracting Agency Agreement between CONFIRE and City of Montclair Fire Department
maintain the copyright, trademark and/or
patent of said records in the name of the
Covered Entity.
c. Minimum Necessary. To the extent required
by the HITECH Act and Regulations,
Business Associate shall limit its Use,
Disclosure or request of PHI to the Limited
Data Set or, if needed, to the minimum
necessary to accomplish the intended Use,
Disclosure or request, respectively. Effective
on the date the Secretary issues guidance on
what constitutes “minimum necessary” for
purposes of the Applicable Law, Business
Associate shall limit its Use, Disclosure or
request of PHI to only the minimum
necessary as set forth in such guidance.
d. State Privacy Laws. Business Associate shall
comply with California laws to the extent that
such state privacy laws are not preempted by
Applicable Law.
e. No Third Party Beneficiaries. Nothing
express or implied in this BAA is intended to
confer, nor shall anything herein confer, upon
any person other than Covered Entity,
Business Associate and their respective
successors or assigns, any rights, remedies,
obligations or liabilities whatsoever.
f. Effect on Underlying Arrangement. In the
event of any conflict between this BAA and
any underlying arrangement between
Covered Entity and Business Associate,
including the Agreements as amended from
time to time, the terms of the BAA shall
control with respect to Protected Health
Information.
g. Interpretation. This BAA shall be interpreted
as broadly as necessary to implement and
comply with Applicable Law. The Parties
agree that any ambiguity in the BAA shall be
resolved in favor of a meaning that complies
and is consistent with the Applicable Law.
h. Governing Law. This BAA shall be
construed in accordance with the laws of the
State of California.
i. Provisions Required by Law Deemed
Inserted. Each and every provision of law and
clause required by law to be inserted in this
BAA shall be deemed to be inserted herein
and this BAA shall be read and enforced as
though it were included therein.
j. Severability. In the event that any provision
of this BAA shall be construed to be illegal
or invalid for any reason, said illegality or
invalidity shall not affect the remaining
provisions hereof, but such illegal or invalid
provision shall be fully severable and this
BAA shall be construed and enforced as if
such illegal or invalid provision had never
been included herein, unless to do so would
frustrate the intent and purpose of this BAA.
MONTCLAIR CITY COUNCIL MEETING – 07/06/2026 Page 114 of 193
DISPATCHING COST FOR SERVICES FOR FY 2026-27
CITY OF MONTCLAIR FIRE DEPARTMENT
This Exhibit is subject to renewal annually prior to the expiration of the current Agreement.
A. Operating Costs:
These costs will include the Contracting Agency’s share of the Admin/Dispatch Costs (100- 400), Management Information Services (MIS-600), and Equipment Reserve (5009) as established by the Contracting Agencies’ share of total calls for service per the agreement between CONFIRE and the Contracting Agency. Included are direct licensing and support costs for certain additional services as listed in the Service Agreement - Section 4 of Exhibit A: Scope of Services.
Agency % of 2025 Call Volume (share) 2.02%
Operating Costs for 2026-37 $ 343,304.00
B. Contract Fee (5% of $343,304 Operating Costs):
Per Exhibit B (Compensation) Section B.1 of agreement. $ 17,165.00 Total Costs July 1, 2026 thru June 30, 2027 $ 360,469.00 C. Payments shall be made in quarterly installments of $ 90,117.00 D. Payment shall be made within thirty (30) days of the issuance of the invoice No other costs for services are due to CONFIRE JPA pursuant to this dispatch contract except for telephone services charges under paragraph B.3 of Exhibit B in the contract. ______________________________________________________ _________________ CONFIRE Representative Nathan Cooke (Interim Executive Director) Date ______________________________________________________ _________________ City of Montclair Representative Date
MONTCLAIR CITY COUNCIL MEETING – 07/06/2026 Page 115 of 193
SEAT BASED PRODUCTS FOR FY 2026-27
CITY OF MONTCLAIR FIRE DEPARTMENT
Product Name Comments Opt-in Choice
Y/N
Qty
ESRI Enterprise Agency-wide geospatial data
platform (maps, analytics)
ESRI Contributor Interactive map application
ESRI Creator Map, spatial analysis creator
application
ESRI Mobile Map-based field applications
ESRI Viewer Browser-based mapping tool
First Due Pre-planning platform Y 1
Firstwatch-Perform Plus Granular Analysis Capability
Firstwatch-First Pass EPCR QI Module
Firstwatch-FOAM Accreditation Analysis
Kronos Cloud Staffing software (Telestaff)
Twilio Text module for Kronos
Smart Sheet Project Management Software
TC End-User Managed Tablet Command Incident
management Module
TC Staff Integration Tablet Command Telestaff
Integration
Y 1
West Net Agency Station Alerting Platform Support Y 2
West Net RIC/MCU Station Alerting Licenses Y 2
Quantity depicts previous year, please indicate if any changes MONTCLAIR CITY COUNCIL MEETING – 07/06/2026 Page 116 of 193
CITY COUNCIL
AGENDA REPORT
DATE: JULY 6, 2026
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 7
FILE I.D.: COC050
DEPT.: ECONOMIC DEV.
PREPARER: M. FUENTES
SUBJECT: CONSIDER APPROVAL OF AGREEMENT NO. 26–38 WITH THE MONTCLAIR CHAMBER OF COMMERCE TO PROVIDE SERVICES TO PROMOTE LOCAL ECONOMIC DEVELOPMENT, SUBJECT TO ANY REVISIONS DEEMED NECESSARY BY THE CITY ATTORNEY REASON FOR CONSIDERATION: The City Council is requested to consider approval of Agreement No. 26–38 with the Montclair Chamber of Commerce to provide services to strengthen and enhance local economic development activities.
A copy of proposed Agreement No. 26–38 is attached for City Council review and consideration.
BACKGROUND: The Montclair Chamber of Commerce was organized in 1958 and has offered its services to the local business community since that time. The Montclair Chamber of Commerce promotes business growth and a business–friendly climate in the Montclair community.
Agreement No. 26–38 would provide funding to the Montclair Chamber of Commerce, a partner agency, for the following services to support economic development in the City of Montclair:
• Monitor and aid in the retention, expansion, and development of existing businesses.
• Promote Montclair as an attractive and prime location for business operations. • Provide for the support and nurturing of businesses and the development of an entrepreneurial environment through cooperation with other local, county, state, and federal economic development organizations.
• Endeavor to represent all business interests wherever located in the City of Montclair and to conduct its affairs in such a way as to benefit all businesses and areas of the City.
The term of Agreement No. 26–38 is July 1, 2026, through June 30, 2027.
FISCAL IMPACT: If approved by the City Council, the Montclair Chamber of Commerce would receive $30,000 for the 2026–27 Fiscal Year, payable in equal quarterly payments of $7,500. This amount was approved in the Fiscal Year 2026–27 Budget in the Economic Development Agency Assets Fund.
RECOMMENDATION: Staff recommends the City Council approve Agreement No. 26–38 with the Montclair Chamber of Commerce to provide services to promote local economic development, subject to any revisions deemed necessary by the City Attorney.
MONTCLAIR CITY COUNCIL MEETING – 07/06/2026 Page 117 of 193 AGREEMENT NO. 26–38
ECONOMIC DEVELOPMENT AGREEMENT
BETWEEN THE CITY OF MONTCLAIR
AND THE MONTCLAIR CHAMBER OF COMMERCE
THIS ECONOMIC DEVELOPMENT AGREEMENT ("Agreement") is made and entered into this 1st day of July, 2026, by the City of Montclair, hereinafter referred to as the ("CITY") and the Montclair Chamber of Commerce, hereinafter referred to as the ("CHAMBER").
1. RECITALS
a. The parties hereto agree that it is the best interest of the CITY and the CHAMBER to strengthen and enhance economic development activities within the CITY through an Agreement renewed annually by the close of each current fiscal year. b. The parties hereto agree that all funding provided by the CITY for this venture will be expended to fulfill a public purpose, that is economic development, and that periodic auditing will be performed in order to assure that the funds provided by the CITY will be utilized only for public purposes as set forth herein.
2. AGREEMENT
a. NOW THEREFORE, in consideration of the mutual promises and covenants contained herein, the receipt and sufficiency of which are hereby acknowledged by the parties, the parties here to agree as follows:
ARTICLE 1 – RECITALS
The parties acknowledge and agree that above state recitals are true and correct and incorporated herein by reference.
ARTICLE 2 – SERVICES
The CHAMBER desires to engage in economic development efforts for the CITY area which shall include, but not limited to, the following:
a. Employ a President/CEO who is an economic development professional with the requisite knowledge, skills, expertise necessary to lead the economic development efforts.
b. Advise private business concerns located within the CITY, existing business and the business community of the available opportunities within the CITY and within its utilities service area of which they may take advantage and counsel them regarding their suitability to participate in available county, state, and federal economic development programs and grants. c. Monitor and aid in the retention, expansion and development of existing businesses.
MONTCLAIR CITY COUNCIL MEETING – 07/06/2026 Page 118 of 193 AGREEMENT NO. 26–38
d. Advise and counsel private business concerns about the development of infrastructure plans for the expansion of business districts and the creation of business and industrial parks.
e. Advise and counsel private business concerns of strategies designed to foster the best possible pro–business environment within the CITY. f. Promote the CITY as a location for business operations, clean manufacturing, and research and development companies.
g. Serve as an information source for those interested in economic development and provide relevant referrals to all requests for economic development information, including up–to–date trade area demographics and inventories of available property (retail, industrial, office, etc.). h. Expand the CHAMBER’S marketing efforts including its web page and social media presence. Provide a CHAMBER web page to be linked to the CITY's web site. The web page shall be updated continuously to provide the most current information concerning economic development in the CITY and surrounding trade area for the purpose of furthering the mission of the CHAMBER. As a future goal, the CHAMBER will strive to increase target audience engagement with CITY businesses and local residents. i. Provide for the support and nurturing of businesses and the development of an entrepreneurial environment through cooperation with other local, county, state, and federal economic development organizations. j. Endeavor to represent all business interests wherever located in the CITY and to conduct its affairs in such a way as to benefit all businesses and areas of the CITY.
k. Host the annual State of the City address in collaboration with the CITY's Economic Development Coordinator, CITY staff, and the CITY Council. l. Provide CITY businesses with an avenue to announce their presence in the community at large, through groundbreaking events, ribbon-cutting ceremonies and open houses. Offer all new businesses a complementary ribbon cutting to welcome new businesses in the CITY and promote a business-friendly environment.
m. A member of City staff, designated by the City of Economic Development Director shall be granted a Board Seat in effort to further strengthen collaboration in serving the business community.
n Continue an increase in the following programs and events: Sponsorships, Networking Events; New Member Receptions; and Collaborative Mixers with adjoining cities.
o Maintain and provide the City quarterly with an updated membership roster and shall actively work to increase the current Membership by 15%.
MONTCLAIR CITY COUNCIL MEETING – 07/06/2026 Page 119 of 193 AGREEMENT NO. 26–38
p. Maintain an active and engaged Board of Directors reflective of the local and diverse business community committed to driving a vibrant local economy, advocating for the CITY and providing support to the CHAMBER’S financial health and sustainability.
q. In partnership with the SBDC, host a minimum of two (2) networking events, subject to City approval, to be held in the City of Montclair and promoted to Montclair businesses and partners. The SBDC shall provide up to a total combined amount of $5,000. Funds not spent towards the two (2) events shall be reimbursed to the City.
ARTICLE 3 – PLACE OF WORK
It is understood that the CHAMBER will on an annual basis administer services largely at 9916 Central Avenue, Montclair, California 91763 and/or at a designated CITY facility; although the CHAMBER will, on request, come to City Hall or such other places as designated by the CITY to meet with CITY's representatives.
ARTICLE 4 – PAYMENT
The CITY will pay the CHAMBER the total sum of $30,000 annually payable in equal quarterly payments of $7,500 on or before the 30th day of the beginning of each quarter.
ARTICLE 5 – REPORTING
a. The CHAMBER will submit and present to the CITY annually a receipt and expenditure report on the use of CITY funds.
ARTICLE 6 – RELATIONSHIP OF PARTIES
a. The CHAMBER is an independent entity and not a department, agency or subdivision of the CITY. The CITY and the CHAMBER are two separate and autonomous entities.
b. CHAMBER is and shall at all times remain as to the CITY a wholly independent contractor. The personnel performing the services under this Agreement on behalf of CHAMBER shall at all times be under CHAMBER's exclusive direction and control and shall not be construed to be employees of CITY for any purpose, including eligibility under Public Employees Retirement Law.
Neither CITY nor any of its officers, employees, or agents shall have control over the conduct of CHAMBER or any of CHAMBER's officers, employees, or agents, except as set forth in this Agreement. CHAMBER shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the CITY.
CHAMBER shall not incur or have the power to incur any debt, obligation, or liability whatever against CITY, or bind CITY in any manner. No employee benefits shall be available to CHAMBER in connection with the performance of this Agreement. Except for the fees paid to CHAMBER as provided in the Agreement CITY shall not pay salaries, wages, or other compensation to CHAMBER for performing services hereunder for CITY. CITY shall not be MONTCLAIR CITY COUNCIL MEETING – 07/06/2026 Page 120 of 193 AGREEMENT NO. 26–38