Agenda packet, joint meeting — Montclair City Council, October 5, 2026 (part 1 of 2)

CITY OF MONTCLAIR

CITY COUNCIL

SUCCESSOR REDEVELOPMENT AGENCY,

MONTCLAIR HOUSING CORPORATION,

MONTCLAIR HOUSING AUTHORITY, AND

MONTCLAIR COMMUNITY FOUNDATION

MEETINGS

AGENDA PACKET
Monday, October 5, 2026
7:00 p.m.

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, October 5, 2026
7:00 p.m.

The public is invited to observe and participate in this meeting in-person or remotely. Watch the meeting live on the City’s official YouTube Channel (https://www.youtube.com/cityofmontclair) while the meeting is in session. To submit a request to speak on any item(s) appearing on this agenda, or on any City–related matter not on this agenda, see the following instructions based on your participation method:
• In–Person: Complete a Speaker Information Card at the entrance to the Council Chambers and place it in the box by the podium. • Remote via Zoom: At least one hour before the meeting, submit a Virtual Speaker Card to receive a meeting access link and be added to the speaker queue: https://www.cityofmontclair.org/virtual–speaker–card/. Download Zoom at https://zoom.us/download. • Remote (Telephone): Contact the City Clerk’s Office at (909) 625–9416 or email [email protected] at least one hour before the meeting to request to be registered as a call–in speaker and to provide the phone number you will be calling from. • Written Comments: Submit online at https://www.cityofmontclair.org/public–comment/ at least one hour before the meeting. To have your comments read, they must be limited to 200 words per agenda item, and 200 words total for all non–agenda items. The City Council will receive copies of all written comments before the meeting begins.

At the appropriate time(s) during the meeting, the Mayor will call on those who requested to speak. When addressed, Zoom users can click the microphone icon and callers can dial *6 to unmute or mute themselves.

At the Mayor’s discretion or based on the total number of requests, each speaker is given an equal amount of time for their comments up to five minutes. Speakers with special needs may be provided more time (GC §54954.3). The meeting bodies are prohibited by the Brown Act from substantially discussing or taking action on items not listed on the agenda.

More information on City Council meetings, including policies and procedures for remote meeting service outages and participants and post-meeting materials like videos and minutes (when available) can be found 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
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.

XXXXXXXXXXXXX
MONTCLAIR CITY COUNCIL MEETING – 10/05/2026 Page 1 of 234 Page No.

VII. PUBLIC HEARINGS
A. Second Reading – Consider Adoption of Ordinance No. 26–1019 Authorizing the Levy of a Special Tax for Community Facilities District No. 2026–2 (Montclair Station) [CC] 5
VIII. CONSENT CALENDAR
A. Approval of Minutes

1. Special Meeting — June 25, 2026 [CC/MHC] 224

2. Regular Joint Meeting — July 6, 2026 [CC/SA/MHC/MHA/MCF] 226 B. Administrative Reports

1. Consider Receiving and Filing of Treasurer’s Report [CC] 16

2. Consider Approval and Ratification of 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 a $165,000 Appropriation from the Equipment Replacement Fund for the Purchase of Three 2027 Ford Police Interceptors from Fritts Ford for the Police Department [CC]
Consider Declaring Three Ford Police Interceptors (Units 410, 412, and 415) as Surplus And Available for Parts or for Sale at Auction [CC] 24

10. Consider Authorizing the Receipt of a $16,201 Grant from the Fiscal Year 2025 Edward Byrne Memorial Justice Assistance Grant Program to Purchase Radar Speed Signs [CC] 26

11. Consider Approving the Purchase of Whole Turkeys and Assorted Items for the Montclair Holiday Food and Toy Basket Program [MCF] 66 C. Agreements

1. Consider Approval of Agreement No. 26–63 with Precision Survey Supply for the Four–Year Lease of a Leica Laser Scanner and Associated Software, Training, and Maintenance [CC] 67

2. Consider Approval of Agreement No. 26–65, Amendment No. 2 to Agreement No. 15–80 with San Bernardino County Transportation Authority for a Time Extension for the Monte Vista Avenue/I–10 Interchange Project, Subject to Any Revisions Deemed Necessary by the City Attorney [CC] 73 MONTCLAIR CITY COUNCIL MEETING – 10/05/2026 Page 2 of 234 Page No.

3. Consider Approval of Agreement No. 26–66 with San Bernardino County Flood Control District and Co–Permittee Cities for Implementation of the National Pollutant Discharge Elimination System Stormwater Permit, Santa Ana Region, Subject to Any Revisions Deemed Necessary by the City Attorney [CC] 100

4. Consider Approval of Agreement No. 26–67 with Hospital Association of Southern California for ReddiNet Access to Provide Computerized Communication Through the HASC Network [CC]
Consider Authorizing Chief Reed to Sign Said Agreement [CC] 117

5. Consider Approval of Agreement Nos. 26–68 and 26–69 with the County of San Bernardino Related to Distribution of 2025 Justice Assistance Grant Program Award Funds
Consider Authorizing City Manager Edward C. Starr to Sign Said Agreements [CC] 136 D. Resolutions

1. Consider Adoption of Resolution No. 26–3540 Authorizing Placement of Liens on Certain Properties for Delinquent Sewer and Trash Charges [CC] 192

2. Consider Adoption of Resolution No. 26–3514 Authorizing the Salaries and Classification Titles for City Employees on a Consolidated Salary Schedule [CC] 198
IX. PULLED CONSENT CALENDAR ITEMS
X. COMMUNICATIONS
A. Department Reports

1. Human Services Department — Upcoming Events and Programs B. City Attorney

1. Request to Meet in Closed Session Pursuant to GC §54956.9(d)(2) Regarding Potential Litigation (Two Potential Cases) [CC]

2. Request to Meet in Closed Session Pursuant to GC §54956.9(d)(4) Regarding Potential Litigation (One Potential Cases) [CC]

3. Request to Meet in Closed Session Pursuant to GC §54956(d)(1) Regarding Pending Litigation [CC]
Fuentes/Garcia v. Lopez, City of Montclair
Ibanez v. Montclair
Montclair v. SBCTA

4. Request to Meet in Closed Session Pursuant to Government Code §54957.6 Regarding Conference with Designated Labor Negotiator Edward C. Starr
Agency: City of Montclair
Employee Management Employees
Associations: Montclair City Confidential Employees Association Montclair General Employees – Teamsters Local 1932
Montclair Fire Fighters Association
Montclair Police Officers Association
MONTCLAIR CITY COUNCIL MEETING – 10/05/2026 Page 3 of 234 Page No.

C. City Manager/Executive Director
D. Mayor/Chairperson
E. Council Members/Directors
F. Committee Meeting Minutes (for informational purposes only)

1. Personnel Committee Meeting — September 8, 2026 [CC] 223 XI. CLOSED SESSION
XII. CLOSED SESSION ANNOUNCEMENTS
XIII. ADJOURNMENT
The 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, October 19, 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, or may be posted on the meeting’s agenda packet page on the website which can be accessed by clicking “Agenda Packet” next to the meeting date at the following link:
https://www.cityofmontclair.org/council–meetings/. 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). Visit https://www.cityofmontclair.org/public–meetings/ to access and read the complete procedures and limitations for these requests.

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, September 24, 2026.

MONTCLAIR CITY COUNCIL MEETING – 10/05/2026 Page 4 of 234

CITY COUNCIL

AGENDA REPORT
DATE: OCTOBER 5, 2026
SECTION: PUBLIC HEARINGS
ITEM NO.: A
FILE I.D.: CFD050
DEPT.: ECONOMIC DEV.

PREPARER: M. FUENTES
SUBJECT: SECOND READING – CONSIDER ADOPTION OF ORDINANCE NO. 26–1019

AUTHORIZING THE LEVY OF A SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2026–2 (MONTCLAIR STATION)
REASON FOR CONSIDERATION: The amended North Montclair Downtown Specific Plan (NMDSP) encompasses a diverse array of public enhancements, including parks, public open spaces, median islands, parkways, and specialized street lighting. The City holds the responsibility for ensuring the construction and ongoing maintenance of these public enhancements. However, the financial capacity of the City’s General Fund is insufficient to support both the initial development and the subsequent maintenance of these improvements. The City Council has directed staff to finance maintenance of public improvements and a portion of the costs for public safety services related to development projects within the boundaries of the NMDSP area through the establishment of Community Facilities Districts (CFD).

The City Council is requested to conduct the second reading, by number and title only, and consider adoption of Ordinance No. 26–1019. A copy is attached for City Council review and consideration.

BACKGROUND: On September 8, 2026, the City Council conducted a public hearing related to the formation of CFD No. 2026–2 (Montclair Station) and took the following actions:
• Adopted Resolution No. 26–3536 establishing CFD No. 2026–2 (Montclair Station), and the boundaries thereof;
• Adopted Resolution No. 26–3537 calling a Special Election and submitting to the voters of CFD No. 2026–2 (Montclair Station) a proposition for the annual levy of special taxes within said CFD to pay the costs of certain services to be provided by the CFD and establishing an appropriations limit for said CFD; • Adopted Resolution No. 26–3538 declaring the results of the Special Election for CFD No. 2026–2 (Montclair Station) for the propositions concerning (I) the annual levy of special taxes to pay the costs of certain services to be provided by the CFD and (II) establishing an appropriations limit; and
• Conducted the first reading of Ordinance No. 26–1019 levying special taxes to be collected during Fiscal Year 2026–27 to pay the annual costs of the maintenance and lighting of parks, parkways, streets, roads, and open space, the operation and maintenance of bio–retention basins and storm drainage systems, and public safety services including fire protection and suppression services, police protection services, and emergency vehicle apparatus maintenance with respect to CFD No. 2026–2 (Montclair Station).

MONTCLAIR CITY COUNCIL MEETING – 10/05/2026 Page 5 of 234 Conducting a second reading and adopting Ordinance No. 26–1019 is the final step in completing the formation of CFD No. 2026–2 (Montclair Station). Adoption of Ordinance No. 26–1019 would authorize the City Council to levy special taxes within the newly formed CFD to pay for the identified maintenance costs and public safety costs as included as Exhibit “A” to Ordinance No. 26–1019.

FISCAL IMPACT: Formation of CFD No. 2026–2 has been proposed to mitigate the financial impacts of public works maintenance and public safety services on General Fund revenues.

CFD No. 2026–2 would finance the maintenance and lighting of parks, parkways, streets, roads, and open space and the operation and maintenance of bio–retention basins and storm drain systems serving the CFD. In addition, the CFD would finance fire protection and suppression services, police protection services, and emergency vehicle apparatus maintenance. The estimated cost of these services is approximately $127,910 annually, inclusive of a $10,000 annual cost to administer the CFD. An appropriations limit of $3,000,000 has been established for the CFD. Administrative costs related to the formation of CFD No. 2026–2 are the responsibility of the developer and are paid for directly by the developer through a reimbursement agreement between the City of Montclair and the developer.

The special tax imposed by the CFD shall be increased by the greater of (i) the percentage increase in the Consumer Price Index or (ii) the actual costs of Authorized Maintenance Services and Authorized Public Safety Services with a maximum annual increase of six percent (6%) and a minimum annual increase of two percent (2%) per Fiscal Year, all as set forth in the Rate and Method of Apportionment.

RECOMMENDATION: Staff recommends that the City Council conduct the second reading, by number and title only, and adopt Ordinance No. 26–1019 authorizing the levy of a special tax for CFD No. 2026–2 (Montclair Station).

MONTCLAIR CITY COUNCIL MEETING – 10/05/2026 Page 6 of 234 SECOND

READING
10/05/2026
Ordinance No. 26–1019 Page 1 of 2
ORDINANCE NO. 26–1019

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

MONTCLAIR ACTING IN ITS CAPACITY AS THE LEGISLATIVE

BODY OF THE CITY OF MONTCLAIR COMMUNITY FACILITIES
DISTRICT NO. 2026–2 (MONTCLAIR STATION), SAN BERNARDINO COUNTY, STATE OF CALIFORNIA, AUTHORIZING THE LEVY

OF A SPECIAL TAX IN SUCH COMMUNITY FACILITIES DISTRICT
WHEREAS, the City Council (the “City Council”) of the City of Montclair, California (the “City”), has initiated proceedings, held a public hearing, conducted an election and received a favorable vote from the qualified electors authorizing the levy of special taxes in a community facilities district, all as authorized pursuant to the terms and provisions of the “Mello–Roos Community Facilities Act of 1982,” being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the “Act”).

This community facilities district shall hereinafter be referred to as the City of Montclair Community Facilities District No. 2026–2 (Montclair Station), San Bernardino County, State of California (the “District”).

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MONTCLAIR,

CALIFORNIA, ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF THE CITY OF MONTCLAIR COMMUNITY FACILITIES DISTRICT NO. 2026–2 (MONTCLAIR STATION),

SAN BERNARDINO COUNTY, STATE OF CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:

Section 1. Incorporation of Recitals. The Recitals set forth above are incorporated herein, are made findings and determination of the City Council, and are an operative part of this Ordinance.

Section 2. Special Taxes. This City Council does, by the passage of this Ordinance, authorize the levy of special taxes on taxable properties located in the District pursuant to the Rate and Method of Apportionment as set forth in Exhibit “A” attached hereto and incorporated herein by this reference (the “Rate and Method”).

Section 3. Annual Levy of Special Taxes. This City Council, acting in its capacity as the legislative body of the District, is hereby further authorized, by resolution, to annually determine the special tax to be levied within the District for the then current tax year or future tax years; provided, however, the special tax to be levied shall not exceed the maximum special tax authorized to be levied pursuant to the Rate and Method.

Section 4. Manner of Collection. The special taxes herein authorized to be levied, to the extent possible, shall be collected in the same manner as ad valorem property taxes or in such other manner as this City Council shall determine, including without limitation, direct billing of the affected property owners, and shall be subject to the same penalties, procedure, sale and lien priority in any case of delinquency as applicable for ad valorem taxes. Any special taxes that may not be collected on the County tax roll shall be collected through a direct billing procedure by the Treasurer of the City of Montclair, acting for and on behalf of the District.

Section 5. Direction to County. The County of San Bernardino Auditor– Controller/Treasurer/Tax Collector is hereby directed, each fiscal year following the date of this Ordinance, to place the District’s annual special taxes on the County property tax roll along with the ordinary ad valorem property taxes.

Section 6. Direction to County. The City hereby authorizes, each fiscal year following the date of this Ordinance, the County of San Bernardino Auditor– Controller/Treasurer/Tax Collector to deduct its administrative and processing fees for completing and placing the District’s annual special taxes on the County annual property tax roll to be collected in the same manner as ordinary property taxes.

Section 7. Special Tax Lien. The special taxes authorized to be levied shall be secured by the lien imposed pursuant to Sections 3114.5 and 3115.5 of the Streets and Highways Code of the State of California, which lien shall be a continuing lien to secure each levy of the special tax, shall attach to all non–exempt real property in the District and shall continue in force and effect until the lien is canceled in accordance with law or until collection of the tax by the legislative body ceases.

MONTCLAIR CITY COUNCIL MEETING – 10/05/2026 Page 7 of 234 SECOND

READING
10/05/2026
Ordinance No. 26–1019 Page 2 of 2
Section 8. Effective Date. This Ordinance shall be effective thirty (30) days after its adoption. Within fifteen (15) days after its adoption.

Section 9. Posting. The City Clerk shall certify to the passage of this Ordinance and cause the same to be posted pursuant to Government Code Section 36933.

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 the foregoing is a true and correct copy of Ordinance No. 26–1019 of said City, which was introduced at a regular meeting of the City Council held on the XX day of XX, 2026, and finally passed not less than five (5) days thereafter at a regular meeting of the City Council held on the XX day of XX, 2026, by the following vote, to–wit:

AYES: XX
NOES: XX
ABSTAIN: XX
ABSENT: XX
Andrea M. Myrick,
City Clerk
MONTCLAIR CITY COUNCIL MEETING – 10/05/2026 Page 8 of 234 SECOND

READING
10/05/2026
Ordinance NO. 26-1019

EXHIBIT A
City of Montclair April 30, 2026
CFD No. 2026-2 (Montclair Station) Page 1 of 7

RATE AND METHOD OF APPORTIONMENT FOR

CITY OF MONTCLAIR
COMMUNITY FACILITIES DISTRICT NO. 2026-2
(MONTCLAIR STATION)
A Special Tax as hereinafter defined shall be levied on all Assessor’s Parcels in the City of Montclair Community Facilities District No. 2026-2 (Montclair Station) ("CFD No. 2026-2") and collected each Fiscal Year commencing in Fiscal Year 2026-2027, in an amount determined by the CFD Administrator, according to the method of apportionment set forth herein. All of the real property in CFD No. 2026-2, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided. All Special Taxes collected hereunder shall only be used for the Special Tax A Requirement or Special Tax B Requirement, as hereinafter defined, and for no other purpose.

A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
"Acre” or “Acreage" means the land area of an Assessor’s Parcel as shown on an Assessor's Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the land area shown on the applicable final map, parcel map, condominium plan, or other recorded County parcel map.
"Act" means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5, Division 2 of Title 5 of the Government Code of the State of California. "Administrative Expenses" means the actual or reasonably estimated costs directly related to the formation and administration of CFD No. 2026-2 including, but not limited to: the costs of computing the Special Taxes and preparing the annual Special Tax collection schedules (whether by the City or designee thereof or both); the costs of collecting the Special Taxes (whether by the County or otherwise); the costs to the City, CFD No. 2026-2 or any designee thereof of complying with City or CFD No. 2026-2 disclosure requirements; the costs associated with responding to public inquiries regarding the Special Taxes; the costs of the City, CFD No. 2026-2 or any designee thereof related to an appeal of the Special Tax; and the City’s annual administration fees and third party expenses. Administrative Expenses shall also include amounts estimated or advanced by the City or CFD No. 2026-2 for any other administrative purposes of CFD No. 2026-2, including attorney’s fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes. "Assessor’s Parcel" means any real property to which an Assessor’s parcel number is assigned as shown on an Assessor’s Parcel Map.
"Assessor’s Parcel Map" means an official map of the County Assessor of the County designating parcels by Assessor’s parcel number.

MONTCLAIR CITY COUNCIL MEETING – 10/05/2026 Page 9 of 234 SECOND

READING
10/05/2026
City of Montclair April 30, 2026
CFD No. 2026-2 (Montclair Station) Page 2 of 7
"Authorized Maintenance Services" means the (i) maintenance and lighting of parks, parkways, streets, roads, and open space, (ii) the operation and maintenance of bioretention basins and storm drainage systems, and (iii) any other services authorized to be financed pursuant to the Act.
"Authorized Public Safety Services" means (i) fire protection and suppression services, (ii) police protection services and (iii) any other services authorized to be financed pursuant to the Act.
"CFD Administrator" means the official of the City, or designee thereof, responsible for determining the Special Tax A Requirement and Special Tax B Requirement and providing for the levy and collection of the Special Taxes.
"CFD No. 2026-2" means the City of Montclair Community Facilities District No. 2026- 2 (Montclair Station).
"City" means the City of Montclair.
"Consumer Price Index" means the Consumer Price Index published by the U.S. Bureau of Labor Statistics for "All Urban Consumers" in the Los Angeles – Long Beach - Anaheim Area, measured as of the month of December in the calendar year which ends in the previous Fiscal Year. In the event this index ceases to be published, the Consumer Price Index shall be another index as determined by the CFD Administrator that is reasonably comparable to the Consumer Price Index for the Los Angeles – Long Beach - Anaheim Area.
"Council" means the City Council of the City, acting as the legislative body of CFD No. 2026-2.
"County" means the County of San Bernardino.
"Developed Property" means, for each Fiscal Year, all Taxable Property for which a building permit for new construction was issued prior to January 1 of the previous Fiscal Year (i.e., a building permit for new construction issued prior to January 1, 2026 would be considered Developed Property beginning in Fiscal Year 2026-2027). “Exempt Welfare Exemption Property” means, for each Fiscal Year, an Assessor’s Parcel that is (a) receiving a welfare exemption under subdivision (g) of Section 214 of the California Revenue and Taxation Code (or any successor statute), as indicated in the County’s assessor’s roll finalized as of January 1 of the previous Fiscal Year, and (b) exempt from the Special Tax pursuant to Section 53340(c) of the Act. "Fiscal Year" means the period starting July 1 and ending on the following June 30. "Land Use Class" means any of the classes listed in Table 1 below.

MONTCLAIR CITY COUNCIL MEETING – 10/05/2026 Page 10 of 234 SECOND

READING
10/05/2026
City of Montclair April 30, 2026
CFD No. 2026-2 (Montclair Station) Page 3 of 7
"Maximum Annual Special Tax" means the Maximum Annual Special Tax A and/or Maximum Annual Special Tax B, as applicable.
"Maximum Annual Special Tax A" means the Maximum Annual Special Tax A, determined in accordance with Section C.1 below, that can be levied in any Fiscal Year on any Assessor’s Parcel of Developed Property within CFD No. 2026-2. "Maximum Annual Special Tax B" means the Maximum Annual Special Tax B, determined in accordance with Section C.1 below, that can be levied in any Fiscal Year on any Assessor’s Parcel of Developed Property within CFD No. 2026-2. "Non-Residential Property" means all Assessor’s Parcels of Developed Property for which a building permit(s) was issued for a non-residential use. "Parking Property” means, for each Fiscal Year, any property within the boundaries of CFD No. 2026-2 that is used exclusively or primarily as a parking lot, garage, parking structure, or roadway, as of January 1 of the previous Fiscal Year, as determined by the CFD Administrator.
"Property Owner Association Property" means, for each Fiscal Year, any property within the boundaries of CFD No. 2026-2 that was owned by a property owner association, including any master or sub-association, as of January 1 of the prior Fiscal Year. "Proportionately" means, for Developed Property, that the ratio of the actual Special Tax A levy to the Maximum Annual Special Tax A is equal for all Assessor’s Parcels of Developed Property and that the ratio of the actual Special Tax B levy to the Maximum Annual Special Tax B is equal for all Assessor’s Parcels of Developed Property, except to the extent that the Special Tax levy on Developed Property is limited as described in Section D below.
"Public Property" means, for each Fiscal Year, (i) any property within the boundaries of CFD No. 2026-2 that was owned by or irrevocably offered for dedication to the federal government, the State, the City or any other public agency as of January 1 of the previous Fiscal Year; provided however that any property leased by a public agency to a private entity and subject to taxation under Section 53340.1 of the Act shall be taxed and classified in accordance with its use; and (ii) any property within the boundaries of CFD No. 2026-2 that was encumbered, as of January 1 of the previous Fiscal Year, by an unmanned utility easement making impractical its utilization for other than the purpose set forth in the easement.
"Residential Property" means all Assessor’s Parcels of Developed Property for which a building permit has been issued for purposes of constructing one or more residential dwelling units.
"Special Tax" means the Special Tax A and/or Special Tax B, as applicable.

MONTCLAIR CITY COUNCIL MEETING – 10/05/2026 Page 11 of 234 SECOND

READING
10/05/2026
City of Montclair April 30, 2026
CFD No. 2026-2 (Montclair Station) Page 4 of 7
"Special Tax A" means the annual special tax to be levied in each Fiscal Year on each Assessor's Parcel of Developed Property to fund the Special Tax A Requirement. "Special Tax B" means the annual special tax to be levied in each Fiscal Year on each Assessor's Parcel of Developed Property to fund the Special Tax B Requirement. "Special Tax A Requirement" means that amount required in any Fiscal Year for CFD No. 2026-2 to: (i) pay for Authorized Maintenance Services; (ii) pay a share of Administrative Expenses as determined by the CFD Administrator; (iii) pay for reasonably anticipated Special Tax A delinquencies based upon the historical delinquency rate for CFD No. 2026-2; less (iv) a credit for funds available to reduce the annual Special Tax A levy, as determined by the CFD Administrator.
"Special Tax B Requirement" means that amount required in any Fiscal Year for CFD No. 2026-2 to: (i) pay for Authorized Public Safety Services; (ii) pay a share of Administrative Expenses as determined by the CFD Administrator; (iii) pay for reasonably anticipated Special Tax B delinquencies based upon the historical delinquency rate for CFD No. 2026-2; less (iv) a credit for funds available to reduce the annual Special Tax B levy, as determined by the CFD Administrator.
"State" means the State of California.
"Taxable Property" means all of the Assessor’s Parcels within the boundaries of CFD No. 2026-2 which are not exempt from the Special Tax pursuant to law or Section E below. "Undeveloped Property" means, for each Fiscal Year, all Taxable Property not classified as Developed Property.

B. ASSIGNMENT TO LAND USE CATEGORIES
Each Fiscal Year, all Taxable Property within CFD No. 2026-2 shall be classified as Developed Property or Undeveloped Property. Each parcel of Developed Property shall be further classified as either Residential Property or Non-Residential Property and shall be subject to Special Taxes in accordance with the rate and method of apportionment determined pursuant to Sections C and D below.

The Maximum Annual Special Tax for Residential Property shall be based on the number of dwelling unit(s) located on the Assessor's Parcel, as specified in Table 1 below. The Maximum Annual Special Tax for Non-Residential Property shall be based on the Acreage of the Assessor's Parcel.

MONTCLAIR CITY COUNCIL MEETING – 10/05/2026 Page 12 of 234 SECOND

READING
10/05/2026
City of Montclair April 30, 2026
CFD No. 2026-2 (Montclair Station) Page 5 of 7
C. MAXIMUM ANNUAL SPECIAL TAX

1. Developed Property
The Fiscal Year 2026-2027 Maximum Annual Special Tax is shown below in Table 1.

TABLE 1
Maximum Annual Special Tax
for Developed Property
Land Use
Class Description
FY 2026-2027
Maximum Annual
Special Tax A
FY 2026-2027
Maximum Annual
Special Tax B
1 Residential Property $184 per unit $239 per unit
2 Non-Residential Property $5,760 per Acre $7,470 per Acre On each July 1, commencing on July 1, 2027, the Maximum Annual Special Tax A and Maximum Annual Special Tax B shall be increased by the greater of (i) the percentage increase in the Consumer Price Index or (ii) the actual costs of Authorized Maintenance Services and Authorized Public Safety Services with a maximum annual increase of six percent (6%) and a minimum annual increase of two percent (2%) per Fiscal Year.

2. Undeveloped Property
Neither the Special Tax A nor the Special Tax B shall be levied on Undeveloped Property.

3. Multiple Land Uses
In some instances an Assessor's Parcel may contain both Undeveloped Property and Developed Property, or in the case of Developed Property, more than one Land Use Class.

In such cases, the Acreage of the Assessor’s Parcel shall be allocated between Developed Property and Undeveloped Property based on the portion of the Assessor’s Parcel for which building permits had been issued prior to January 1 of the prior Fiscal Year and portion of the Assessor’s Parcel for which building permits had not been issued prior to January 1 of the prior Fiscal Year. The Acreage that is considered Developed Property shall be allocated between Residential Property and Non-Residential Property as determined by reference to the site plan approved for such Assessor's Parcel. The Maximum Special Tax that can be levied on such Assessor’s Parcel shall be the sum of the Maximum Special Tax that can be levied on each type of property located on that Assessor’s Parcel.

The CFD Administrator’s allocation of Acreage to each type of property shall be final.

MONTCLAIR CITY COUNCIL MEETING – 10/05/2026 Page 13 of 234 SECOND

READING
10/05/2026
City of Montclair April 30, 2026
CFD No. 2026-2 (Montclair Station) Page 6 of 7
D. APPORTIONMENT OF THE SPECIAL TAX

1. SPECIAL TAX A
Commencing with Fiscal Year 2026-2027 and for each following Fiscal Year, the Council shall levy the Special Tax A so that the amount of the Special Tax A equals the lesser of the Special Tax A Requirement or the Maximum Annual Special Tax A. The Special Tax A shall be levied Proportionately on each Assessor’s Parcel of Developed Property at up to 100% of the applicable Maximum Annual Special Tax A.

To the extent that the Special Tax A Requirement is greater than the aggregate Maximum Annual Special Tax A, the Special Tax A collected shall first be allocated to pay Administrative Expenses not funded through the Special Tax B Requirement and then to pay for Authorized Maintenance Services.

2. SPECIAL TAX B
Commencing with Fiscal Year 2026-2027 and for each following Fiscal Year, the Council shall levy the Special Tax B so that the amount of the Special Tax B equals the lesser of the Special Tax B Requirement or the Maximum Annual Special Tax B. The Special Tax B shall be levied Proportionately on each Assessor’s Parcel of Developed Property at up to 100% of the applicable Maximum Annual Special Tax B.

To the extent that the Special Tax B Requirement is greater than the aggregate Maximum Annual Special Tax B, the Special Tax B collected shall first be allocated to pay Administrative Expenses not funded through the Special Tax A Requirement and then to pay for Authorized Public Safety Services.

Notwithstanding the above, pursuant to Section 53321(d) of the California Government Code, under no circumstances shall the Special Tax levied in any Fiscal Year against any Assessor’s Parcel in CFD No. 2026-2 for which an occupancy permit for private residential use has been issued shall be increased as a consequence of delinquency or default by the owner or owners of any other Assessor’s Parcel(s) within CFD No. 2026-2 by more than 10% above the amount that would have been levied in that Fiscal Year had there never been any such delinquencies or defaults. To the extent that the levy of the Special Tax on Assessor’s Parcels of residential property is limited by the provision in the previous sentence, the levy of the Special Tax on all of the Assessor’s Parcels of non-residential property within CFD No. 2026-2 shall continue to increase in equal percentages at up to 100% of the Maximum Special Tax.

MONTCLAIR CITY COUNCIL MEETING – 10/05/2026 Page 14 of 234 SECOND

READING
10/05/2026
City of Montclair April 30, 2026
CFD No. 2026-2 (Montclair Station) Page 7 of 7
E. EXEMPTIONS
Neither the Special Tax A nor the Special Tax B shall be levied on Assessor’s Parcels of Property Owner Association Property, Public Property, Exempt Welfare Exemption Property, or Parking Property.

Should an Assessor’s Parcel no longer be classified as Property Owner Association Property, Public Property, Exempt Welfare Exemption Property, or Parking Property, its tax-exempt status will be revoked.

F. APPEALS AND INTERPRETATIONS
Any landowner or resident may file a written appeal of the Special Tax on his/her property with the CFD Administrator, provided that the appellant is current in his/her payments of Special Taxes. During the pendency of an appeal, all Special Taxes must be paid on or before the payment date established when the levy was made. The appeal must specify the reasons why the appellant claims the Special Tax is in error. The CFD Administrator shall review the appeal, meet with the appellant if the CFD Administrator deems necessary, and advise the appellant of its determination. If the CFD Administrator agrees with the appellant, the CFD Administrator shall eliminate or reduce the Special Tax on the appellant’s property and/or provide a refund to the appellant. If the CFD Administrator disagrees with the appellant and the appellant is dissatisfied with the determination, the appellant then has 30 days in which to appeal to the Council by filing a written notice of appeal with the City Clerk, provided that the appellant is current in his/her payments of Special Taxes. The second appeal must specify the reasons for its disagreement with the CFD Administrator’s determination.

Interpretations may be made by the Council by ordinance or resolution for purposes of clarifying any vagueness or ambiguity in this Rate and Method of Apportionment.

G. MANNER OF COLLECTION
The Special Tax will be collected in the same manner and at the same time as ordinary ad valorem property taxes; provided, however, that CFD No. 2026-2 may directly bill the Special Tax, may collect the Special Tax at a different time or in a different manner if necessary to meet its financial obligations, and may covenant to foreclose and may actually foreclose on delinquent Assessor’s Parcels as permitted by the Act.

H. TERM OF SPECIAL TAX
The Special Tax A shall be levied as long as necessary to meet the Special Tax A Requirement. The Special Tax B shall be levied as long as necessary to meet the Special Tax B Requirement.

MONTCLAIR CITY COUNCIL MEETING – 10/05/2026 Page 15 of 234

CITY COUNCIL

AGENDA REPORT
DATE: OCTOBER 5, 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 July 31, 2026.

BACKGROUND: Included in the City Council’s agenda packet is a copy of the Treasurer's Report for the period ending July 31, 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 July 31, 2026.

MONTCLAIR CITY COUNCIL MEETING – 10/05/2026 Page 16 of 234

CITY COUNCIL

AGENDA REPORT
DATE: OCTOBER 5, 2026
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 2
FILE I.D.: FIN540
DEPT.: FINANCE
PREPARER: A. NARANJO/J. HERRERA
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 September 8, 2026 and September 21, 2026; and the Payroll Documentation dated August 23, 2026, and September 6, 2026, and recommends their approval.

FISCAL IMPACT: The City Manager authorized the Warrant Registers dated September 8, 2026, and September 21, 2026, totaling $3,336,453.93 and 1,327,500.02, respectively.

The Payroll Documentation dated August 23, 2026, totals $890,224.20 gross, with $631,151.39 net being the total cash disbursement.

The Payroll Documentation dated September 9, 2026, totals $952,086.10 gross, with $669,202.53 net being the total cash disbursement.

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

MONTCLAIR CITY COUNCIL MEETING – 10/05/2026 Page 17 of 234

CITY COUNCIL

AGENDA REPORT
DATE: OCTOBER 5, 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 July 31, 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 July 31, 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 July 31, 2026.

MONTCLAIR CITY COUNCIL MEETING – 10/05/2026 Page 18 of 234

CITY COUNCIL

AGENDA REPORT
DATE: OCTOBER 5, 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 July 31, 2026, pursuant to state law.

BACKGROUND: Vice Chair Martinez has examined the Successor to the Redevelopment Agency Warrant Register dated 07.01.26 – 07.31.26 in the amounts of $6,936.63 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 July 31, 2026.

MONTCLAIR CITY COUNCIL MEETING – 10/05/2026 Page 19 of 234

CITY COUNCIL

AGENDA REPORT
DATE: OCTOBER 5, 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 July 31, 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 July 31, 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 July 31, 2026.

MONTCLAIR CITY COUNCIL MEETING – 10/05/2026 Page 20 of 234

CITY COUNCIL

AGENDA REPORT
DATE: OCTOBER 5, 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 July 31, 2026, pursuant to state law.

BACKGROUND: Vice Chair Martinez has examined the Warrant Register dated 07.01.26 –

07.31.26 in the amount of $290,309.04 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 July 31, 2026.

MONTCLAIR CITY COUNCIL MEETING – 10/05/2026 Page 21 of 234

CITY COUNCIL

AGENDA REPORT
DATE: OCTOBER 5, 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 July 31, 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 July 31, 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 July 31, 2026.

MONTCLAIR CITY COUNCIL MEETING – 10/05/2026 Page 22 of 234

CITY COUNCIL

AGENDA REPORT
DATE: OCTOBER 5, 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 July 31, 2026, pursuant to state law.

BACKGROUND: Vice Chair Martinez has examined the Warrant Register dated

07.01.26 – 07.31.26 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 July 31, 2026.

MONTCLAIR CITY COUNCIL MEETING – 10/05/2026 Page 23 of 234

CITY COUNCIL

AGENDA REPORT
DATE: OCTOBER 5, 2026
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 9
FILE I.D.: VEH450/VEH120
DEPT.: POLICE
PREPARER: M. PENA
SUBJECT: CONSIDER AUTHORIZING A $165,000 APPROPRIATION FROM THE EQUIPMENT REPLACEMENT FUND FOR THE PURCHASE OF THREE 2027 FORD POLICE

INTERCEPTORS FROM FRITTS FORD FOR THE POLICE DEPARTMENT CONSIDER DECLARING THREE FORD POLICE INTERCEPTORS (UNITS 410, 412, AND 415) AS SURPLUS AND AVAILABLE FOR PARTS OR FOR SALE AT AUCTION REASON FOR CONSIDERATION: The City Council is requested to consider authorizing the purchase of three 2027 Ford Police Interceptors to replace two vehicles currently being used by Police Department patrol personnel and one vehicle that was totaled in a not–at–fault on–duty traffic collision. The City Council is also requested to consider declaring three Ford Police Interceptors as surplus or for sale at auction.

BACKGROUND: The City Council approved the purchase of three 2026 Ford Police Interceptors for patrol use in the Police Department Fiscal Year 2026–27 Budget. The Department would like to purchase 2027 Ford Police Interceptors that would replace two Ford Police Interceptors (Units 410 and 415) currently in the Police Department’s fleet and Unit 412 that was totaled in a not–at–fault on–duty traffic collision.

Unit 410 is a 2018 Ford Police Interceptor with high mileage and is one of the oldest units in the fleet. This vehicle has a worn interior with a ripped seat, and the exterior has several small dents and scratches along with sun–damaged headlights. This vehicle has a history of cooling, transmission, and suspension issues and is out of warranty, which would result in significant costs for future mechanical repairs.

Unit 412 is a 2023 Ford Police Interceptor that was involved in a not–at–fault on–duty traffic collision (Crime Report 25–5183) and has been declared a total loss.

Unit 415 is a 2018 Ford Police Interceptor with high mileage and is also one of the oldest units in the fleet. The interior has rips and tears near the driver’s seat and door panel, and there are several small dents and scratches along the exterior of the vehicle along with tears in the exterior graphics. Throughout its service life, this vehicle has had several mechanical issues, including transmission and exhaust repairs, along with cooling and heating issues. This unit is currently out of warranty, and any new issues could result in substantial costs in repairs. In speaking with the City’s mechanic, both Units 410 and 415 will likely require continued and costly maintenance in order to keep them running properly for patrol operations.

Fritts Ford has been the chosen vendor for Police Department vehicles for the past several fiscal years, and its pricing has been consistently the lowest for patrol black– and–white Police Interceptors. Fritts Ford confirmed they have 2027 Ford Police Interceptors available at $54,545.41 each and advised that the window to place orders is currently open. The total estimated cost for three 2027 Ford Police Interceptors is $163,636.23.

MONTCLAIR CITY COUNCIL MEETING – 10/05/2026 Page 24 of 234 Additionally, Units 410 and 415 are proposed to be declared as surplus and made available for parts to support vehicles currently in service in the Police Department’s fleet or for sale at auction; Unit 412 would be auctioned. The vehicles’ identification information is as follows:

Year and Model Unit No. VIN Mileage Estimated Value
2018 Ford Police Interceptor 410 1FM5K8AR1JGC74789 110,814 $5,500 2023 Ford Police Interceptor 412 1FM5K8ABXPGB66747 32,444 $3,000 2018 Ford Police Interceptor 415 1FM5K8AROJGA83591 121,712 $5,500 FISCAL IMPACT: If authorized by the City Council, funding for the purchase of three black–and–white 2027 Ford Police Interceptors for patrol use would result in an expenditure of $165,000 from the Police Department Fiscal Year 2026–27 Budget from Equipment Replacement Fund Account No. 1750–4426–62020–400–00000.

No fiscal impact to the City would result from declaring existing vehicles in the patrol fleet as surplus and making them available for parts or for sale at auction. However, the City could receive up to $14,000 from the auction of said vehicles. Proceeds from the sale would be credited to the Equipment Replacement Fund.

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

1. Authorize a $165,000 appropriation from the Equipment Replacement Fund for the purchase of three 2027 Ford Police Interceptors from Fritts Ford for the Police Department; and

2. Declare three Ford Police Interceptors (Units 410, 412, and 415) as surplus and available for parts or for sale at auction.

MONTCLAIR CITY COUNCIL MEETING – 10/05/2026 Page 25 of 234

CITY COUNCIL

AGENDA REPORT
DATE: OCTOBER 5, 2026
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 10
FILE I.D.: PDT362
DEPT.: POLICE
PREPARER: M. BUTLER
SUBJECT: CONSIDER AUTHORIZING THE RECEIPT OF A $16,201 GRANT FROM THE FISCAL YEAR 2025 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM TO

PURCHASE RADAR SPEED SIGNS
REASON FOR CONSIDERATION: The City Council is requested to consider authorizing the receipt of a $16,201 grant from the Fiscal Year 2025 Edward Byrne Memorial Justice Assistance Grant Program to purchase radar speed signs.

BACKGROUND: In October 2024, the Police Department submitted a grant application for funding opportunity Bureau of Justice Assistance (BJA) Fiscal Year 2024 Edward Byrne Memorial Justice Assistance Grant (JAG) Program, requesting to use its allocation of $16,201 toward the purchase of radar speed signs. Due to a delay in grant funding, the Office of Justice Programs (OJP) approved the grant application in July 2026 for an award under the funding opportunity BJA FY 25 JAG Program.

The U.S. Department of Justice, OJP, BJA seeks to award funds to eligible units of local government to provide additional personnel, equipment, supplies, contractual support, training, technical assistance, and information systems for criminal justice to support a range of program areas under the JAG Program — one of which is law enforcement programs. To address traffic safety related issues in the City, the Department is requesting to use its approved FY 25 JAG grant funds toward the purchase of radar speed signs. The signs would be posted in areas of concern known to have a high percentage of injury traffic collisions and speed violations. Having additional radar speed signs would enhance the Department’s Traffic Safety Program’s goal of reducing vehicle speeds and slowing speeding drivers, thereby reducing the number of persons killed and injured from motor vehicle collisions caused by unsafe speeds. By increasing driver awareness of their speed, the Department hopes to create safer roadways for everyone who lives, works, or visits the Montclair community.

Along with an increase in population and newly desired destinations that promote living, working, shopping, and entertainment experiences comes an increase in motorists traveling the City’s streets and, unfortunately, an increase in traffic safety related problems. According to the Office of Traffic Safety (OTS) Crash Rankings for 2020, the City of Montclair ranked the sixth worst city out of 91 other cities with similar-sized populations in the State of California for total fatal and injury collisions. From 2020 through 2022, the primary collision factors (PCFs) in the City of Montclair that resulted in injury or death were improper turning, unsafe speed, and driving under the influence.

Unsafe speed caused 205 collisions with 100 injury collisions. According to OTS Crash Rankings for 2020, Montclair ranked 11 out of 91 other cities for speed-related collisions.

Radar speed signs act as a traffic-calming device, encouraging voluntary compliance with speed limits. They would have a full-matrix display and would be posted in areas of concern known to have a high percentage of injury traffic collisions and speed violations.

They would include a sign for the posted speed limit and a variable speed-triggered sign MONTCLAIR CITY COUNCIL MEETING – 10/05/2026 Page 26 of 234 capable of cycling between the motorist’s speed and a warning message, such as “slow down” or “too fast.” The radar sign has the capability to collect traffic data and store it by location for later analysis. This feature would enable staff to quickly determine where resources should be deployed to affect positive change. Radar speed signs have the potential to reduce vehicle speeds and slow speeding drivers, reducing the risk of collisions and increasing awareness about and compliance with speed limits. Slowing down speeding drivers not only protects motorists but protects pedestrians and bicyclists as well. Solar battery kits would also be purchased with each radar sign, providing year-round operation. The radar speed signs are easy to both mount and remove and are capable of being quickly transferred to any desired location or they can be permanently mounted.

Bid quotations for the purchase of four radar speed signs were received from the following vendors:

Vendor Bid Amount
Barco Products, LLC $16,200.00
JTB Supply $17,596.96
Hi-Way Safety $20,063.28
Barco Products, LLC is the selected vendor for the purchase of radar speed signs offering the lowest bid. Each vendor recommended a slightly different amp-hour (Ah) for the battery on the radar speed sign. The higher amp-hour does add to the total cost, but Barco Products has assured staff that a 20-Ah battery would be sufficient. Also, as a condition of the award, recipients must perform a System for Award Management (SAM) review of vendors and verify that the vendor is not debarred or suspended from doing business with the U.S. Government. Barco Products, LLC is currently registered in SAM and does not have any active exclusions records.

FISCAL IMPACT: If approved by the City Council, the City would receive $16,201 to purchase radar speed signs from the FY 25 JAG Program. The City is already enrolled in the Automated Standard Application for Payments (ASAP) for Department of Justice award payments, which is a completely electronic system for requesting payment of award funds. Police staff members would draw down funds from the FY 25 JAG grant award in ASAP to pay the vendor.

RECOMMENDATION: Staff recommends the City Council authorize the receipt of a $16,201 grant from the Fiscal Year 2025 Edward Byrne Memorial Justice Assistance Grant Program to purchase radar speed signs.

MONTCLAIR CITY COUNCIL MEETING – 10/05/2026 Page 27 of 234 Project Title
Radar Speed Signs for a Safer and Slower
Community
Federal Estimated Funding (Federal
Share)
16201.0
Total Estimated Funding
16201.0
No items
Proposed Project Start Date
10/1/24
Applicant Estimated Funding (NonFederal Share)

0.0 Proposed Project End Date
10/1/26
Program Income Estimated Funding

0.0 Type of Applicant 1: Select Applicant Type:

C: City or Township Government
Type of Applicant 2: Select Applicant Type:
——
Type of Applicant 3: Select Applicant Type:
——
Other (specify):
——
Application POC Prefix Name
Mrs.

Application POC First Name
Marci
Application POC Middle Name
——
Application POC Last Name
Butler
Application POC Suffix Name
——
Standard Applicant Information
Project Information
Areas Affected by Project (Cities, Counties, States, etc.) Type Of Applicant
Application Submitter Contact Information
11/24/25, 1:53 PM Grant Package
https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS/3yZ6Bxxi_lp MONTCLAIR CITY COUNCIL MEETING – 10/05/2026
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Organizational Affiliation
——
Title
Administrative Analyst
Email ID
[email protected]
Phone Number
909-448-3609
Fax Number
909-626-4892
ORINumber
——
Is Application Subject to Review by State Under Executive Order 12372? a. This application was made available to the State under the Executive Order 12372 Process for review on: State Review Available Date 10/02/2024
Is the Applicant Delinquent on Federal Debt?
No
Name
manifest.txt
Date Added
9/30/25
Name
Form SF424_4_0-V4.0.pdf
Date Added
10/2/24
Name
Form SFLLL_2_0-V2.0.pdf
Date Added
10/2/24
Name
GrantApplication.xml
Date Added
10/2/24
Authorized Representative
Prefix Name
Mr.

First Name
Edward
Middle Name
Cecil
Last Name
Starr
Suffix Name
Jr.

Title
City Manager
Executive Order and Delinquent Debt Information
SF424 Attachments (4)
Authorized Representative Information
11/24/25, 1:53 PM Grant Package
https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS/3yZ6Bxxi_lp MONTCLAIR CITY COUNCIL MEETING – 10/05/2026
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Verify Legal Name, Doing Business As, and Legal Address Legal Name
MONTCLAIR COMMUNITY FOUNDATION, INC.

Doing Business As

CITY OF MONTCLAIR
UEI
YM87HK81HED6
Street 1
5111 BENITO ST
Street 2
City

MONTCLAIR
State
CA
Zip/Postal Code
91763
CongressionalDistrict
35 Country
USA
The legal name + Doing Business As (DBA) and legal address define a unique entity in the system as represented in its entity profile. The profile legal name and address is applicable to ALL applications and awards associated to this fiscal agent.

1. If this information is correct confirm/acknowledge to continue with completion of this application.

I confirm this is the correct entity.

Signer Name

MARCI BUTLER
Certification Date / Time
10/17/2024 10:19 AM

2. If the information displayed does not accurately represent the legal entity applying for federal assistance:
a. Contact your Entity Administrator.
b. Contact the System for Award Management (SAM.gov) to update the entity legal name/address.

3. If the above information is not the entity for which this application is being submitted, Withdraw/Delete this application. Please initiate a new application in Grants.gov with using the correct UEI/SAM profile.

Legal Address
Certification
Proposal Abstract
The Montclair Police Department proposes to utilize 2024 Justice Assistance Grant funds to procure radar speed signs to address ongoing traffic safety related problems in the City of Montclair. The signs would be posted in areas of concern known to have a high percentage of injury traffic collisions and speed violations. Having additional radar speed signs would enhance the Department’s Traffic Safety Program’s goal of reducing 11/24/25, 1:53 PM Grant Package
https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS/3yZ6Bxxi_lp MONTCLAIR CITY COUNCIL MEETING – 10/05/2026
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Name
JAG 2024 JustGrants
Proposal Narrative.docx
Category
Proposal Narrative
Created by

MARCI BUTLER
Date
Added
10/16/2024
Name
JAG 2024 Budget
Worksheet & Budget
Narrative
$28MPD$29.XLSM
Category
Budget Worksheet and
Budget Narrative
(attachment)
Created by

MARCI BUTLER
Date
Added
10/16/2024
No documents have been uploaded for Indirect Cost Rate Agreement No documents have been uploaded for Employee Compensation Waiver No documents have been uploaded for Financial Management Questionnaire No documents have been uploaded for Additional Attachments vehicle speeds and slowing speeding drivers, thereby reducing the number of persons killed and injured from motor vehicle collisions caused by unsafe speeds. By increasing driver awareness of their speed, the Department hopes to create safer roadways for everyone who lives, works, or visits the Montclair community.

Data Requested with Application
 Financial Management and System of Internal Controls
Proposal Narrative

Budget and Associated Documentation
Budget Summary
Budget / Financial Attachments
Budget Worksheet and Budget Narrative

Indirect Cost Rate Agreement
Employee Compensation Waiver
Financial Management Questionnaire (Including applicant disclosure of high-risk status) Additional Attachments
11/24/25, 1:53 PM Grant Package
https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS/3yZ6Bxxi_lp MONTCLAIR CITY COUNCIL MEETING – 10/05/2026
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Budget and Associated Documentation
Budget
Category
Personnel
Fringe
Benefits
Travel
Equipment
Supplies
Construction
SubAwards
Procurement
Contracts
Other Costs
Total Direct
Costs
Indirect Costs
Total Project
Costs
Total
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
Total Project
Cost
Breakdown
Total Percentage
Federal
Funds
Federal Funds
$0.00
Percentage

0.00%
Match
Amount
Match Amount
$0.00
Percentage

0.00%
Program
Income
Amount
Program Income
Amount
$0.00
Percentage

0.00%
Please note: After completing this budget detail summary, please confirm that the following final values entered in this section are identical to those entered in the corresponding estimated cost section of the Standard Applicant Information. Specifically, the following must be equivalent. If they are not, you will not be able to submit this application until they are updated to be equivalent.

Standard Applicant Information Equals Budget Summary
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pp q g y
Total Estimated Funding = Total Project Costs
Federal Estimated Funding (federal share) = Federal Funds Applicant Estimated Funding (non-federal share) = Match Amount Program Income Estimated Funding = Program Income Amount

DOES THIS BUDGET CONTAIN CONFERENCE COSTS WHICH IS DEFINED BROADLY TO INCLUDE MEETINGS, RETREATS, SEMINARS, SYMPOSIA, AND TRAINING ACTIVITIES? ——
Upload
The recommended files to upload are PDF, Microsoft Word and Excel.

No documents have been uploaded for Memoranda of Understanding (MOUs) and Other Supportive Documents Name
Form SFLLL_2_0-V2.0.pdf
Category
LobbyingActivitiesDisclosu
re
Created by
——
No documents have been uploaded for Tribal Authorizing Resolution No documents have been uploaded for Documentation of Anticipated Benefit to Qualified Opportunity Zones (if applicable) No documents have been uploaded for Research and Evaluation Independence and Integrity Statement No documents have been uploaded for Additional Attachments Memoranda of Understanding (MOUs) and Other Supportive Documents Memoranda of Understanding (MOUs) and Other Supportive Documents Additional Application Components
Tribal Authorizing Resolution
Documentation of Anticipated Benefit to Qualified Opportunity Zones (if applicable) Research and Evaluation Independence and Integrity Statement Additional Attachments
Disclosures and Assurances
Disclosure of Duplication in Cost Items
11/24/25, 1:53 PM Grant Package
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No. [Applicant Name on SF-424] does not have (and is not proposed as a subrecipient under) any pending applications submitted within the last 12 months for federally funded grants or cooperative agreements (or for subawards under federal grants or cooperative agreements) that request funding to support the same project being proposed in this application to OJP and that would cover any identical cost items outlined in the budget submitted as part of this application.
p
DOJ Certified Standard Assurances
U.S. DEPARTMENT OF JUSTICE

CERTIFIED STANDARD ASSURANCES
On behalf of the Applicant, and in support of this application for a grant or cooperative agreement, I certify under penalty of perjury to the U.S.

Department of Justice ("Department"), that all of the following are true and correct:
(1) I have the authority to make the following representations on behalf of myself and the Applicant. I understand that these representations will be relied upon as material in any Department decision to make an award to the Applicant based on its application. (2) I certify that the Applicant has the legal authority to apply for the federal assistance sought by the application, and that it has the institutional, managerial, and financial capability (including funds sufficient to pay any required non-federal share of project costs) to plan, manage, and complete the project described in the application properly. (3) I assure that, throughout the period of performance for the award (if any) made by the Department based on the application-- a. the Applicant will comply with all award requirements and all federal statutes and regulations applicable to the award; b. the Applicant will require all subrecipients to comply with all applicable award requirements and all applicable federal statutes and regulations; and
c. the Applicant will maintain safeguards to address and prevent any organizational conflict of interest, and also to prohibit employees from using their positions in any manner that poses, or appears to pose, a personal or financial conflict of interest. (4) The Applicant understands that the federal statutes and regulations applicable to the award (if any) made by the Department based on the application specifically include statutes and regulations pertaining to civil rights and nondiscrimination, and, in addition-- a. the Applicant understands that the applicable statutes pertaining to civil rights will include section 601 of the Civil Rights Act of 1964 (42 U.S.C. § 2000d); section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794); section 901 of the Education Amendments of 1972 (20 U.S.C. § 1681); and section 303 of the Age Discrimination Act of 1975 (42 U.S.C. § 6102); b. the Applicant understands that the applicable statutes pertaining to nondiscrimination may include section 809(c) of Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. § 10228(c)); section 1407(e) of the Victims of Crime Act of 1984 (34 U.S.C. § 20110(e)); section 299A(b) of the Juvenile Justice and Delinquency Prevention Act of 2002 (34 U.S.C. § 11182(b)); and that the grant condition set out at section 40002(b)(13) of the Violence Against Women Act (34 U.S.C. § 12291(b)(13)), which will apply to all awards made by the Office on Violence Against Women, also may apply to an award made otherwise; c. the Applicant understands that it must require any subrecipient to comply with all such applicable statutes (and associated regulations); and
d. on behalf of the Applicant, I make the specific assurances set out in 28 C.F.R. §§ 42.105 and 42.204. (5) The Applicant also understands that (in addition to any applicable program-specific regulations and to applicable federal regulations that pertain to civil rights and nondiscrimination) the federal regulations applicable to the award (if any) made by the Department based on the application may include, but are not limited to, 2 C.F.R. Part 2800 (the DOJ "Part 200 Uniform Requirements") and 28 C.F.R. Parts 22 (confidentiality - research and statistical information), 23 (criminal intelligence systems), 38 (regarding faith-based or religious organizations participating in federal financial assistance programs), and 46 (human subjects protection). (6) I assure that the Applicant will assist the Department as necessary (and will require subrecipients and contractors to assist as necessary) with the Department's compliance with section 106 of the National Historic Preservation Act of 1966 (54 U.S.C. § 306108), the Archeological and Historical Preservation Act of 1974 (54 U.S.C. §§ 312501-312508), and the National Environmental Policy Act of 1969 (42 U.S.C. §§ 4321-4335), and 28 C.F.R. Parts 61 (NEPA) and 63 (floodplains and wetlands). 11/24/25, 1:53 PM Grant Package
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Please Acknowledge
Signed
SignerID
[email protected]
Signing Date / Time
10/16/24 5:47 PM
(7) I assure that the Applicant will give the Department and the Government Accountability Office, through any authorized representative, access to, and opportunity to examine, all paper or electronic records related to the award (if any) made by the Department based on the application.
(8) If this application is for an award from the National Institute of Justice or the Bureau of Justice Statistics pursuant to which award funds may be made available (whether by the award directly or by any subaward at any tier) to an institution of higher education (as defined at 34 U.S.C. § 10251(a)(17)), I assure that, if any award funds actually are made available to such an institution, the Applicant will require that, throughout the period of performance--
a. each such institution comply with any requirements that are imposed on it by the First Amendment to the Constitution of the United States; and
b. subject to par. a, each such institution comply with its own representations, if any, concerning academic freedom, freedom of inquiry and debate, research independence, and research integrity, at the institution, that are included in promotional materials, in official statements, in formal policies, in applications for grants (including this award application), for accreditation, or for licensing, or in submissions relating to such grants, accreditation, or licensing, or that otherwise are made or disseminated to students, to faculty, or to the general public.
(9) I assure that, if the Applicant is a governmental entity, with respect to the award (if any) made by the Department based on the application--
a. it will comply with the requirements of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. §§ 4601-4655), which govern the treatment of persons displaced as a result of federal and federally-assisted programs; and b. it will comply with requirements of 5 U.S.C. §§ 1501-1508 and 7324-7328, which limit certain political activities of State or local government employees whose principal employment is in connection with an activity financed in whole or in part by federal assistance.
(10) If the Applicant applies for and receives an award from the Office of Community Oriented Policing Services (COPS Office), I assure that as required by 34 U.S.C. § 10382(c)(11), it will, to the extent practicable and consistent with applicable law--including, but not limited to, the Indian Self- Determination and Education Assistance Act--seek, recruit, and hire qualified members of racial and ethnic minority groups and qualified women in order to further effective law enforcement by increasing their ranks within the sworn positions, as provided under 34 U.S.C. § 10382(c)(11).
(11) If the Applicant applies for and receives a DOJ award under the STOP School Violence Act program, I assure as required by 34 U.S.C. § 10552(a)(3), that it will maintain and report such data, records, and information (programmatic and financial) as DOJ may reasonably require.

I acknowledge that a materially false, fictitious, or fraudulent statement (or concealment or omission of a material fact) in this certification, or in the application that it supports, may be the subject of criminal prosecution (including under 18 U.S.C. §§ 1001 and/or 1621, and/or 34 U.S.C. §§ 10271-10273), and also may subject me and the Applicant to civil penalties and administrative remedies for false claims or otherwise (including under 31 U.S.C. §§ 3729-3730 and 3801-3812). I also acknowledge that the Department's awards, including certifications provided in connection with such awards, are subject to review by the Department, including by its Office of the Inspector General.

DOJ Certifications Regarding Lobbying; Debarment, Suspension and Other Responsibility Matters; and Drug-Free Workplace Requirements; Law Enforcement and Community Policing 11/24/25, 1:53 PM Grant Package
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U.S. DEPARTMENT OF JUSTICE
CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS; DRUG-FREE WORKPLACE REQUIREMENTS; COORDINATION WITH AFFECTED AGENCIES Applicants should refer to the regulations and other requirements cited below to determine the certification to which they are required to attest. Applicants should also review the instructions for certification included in the regulations or other cited requirements before completing this form. The certifications shall be treated as a material representation of fact upon which reliance will be placed when the U.S.

Department of Justice (“Department”) determines to award the covered transaction, grant, or cooperative agreement.

1. LOBBYING
As required by 31 U.S.C. § 1352, as implemented by 28 C.F.R. Part 69, the Applicant certifies and assures (to the extent applicable) the following:
(a)No Federal appropriated funds have been paid or will be paid, by or on behalf of the Applicant, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the making of any Federal grant, the entering into of any cooperative agreement, or the extension, continuation, renewal, amendment, or modification of any Federal grant or cooperative agreement; (b)If the Applicant’s request for Federal funds is in excess of $100,000, and any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this Federal grant or cooperative agreement, the Applicant shall complete and submit Standard Form - LLL, “Disclosure of Lobbying Activities” in accordance with its (and any DOJ awarding agency’s) instructions; and (c) The Applicant shall require that the language of this certification be included in the award documents for all subgrants and procurement contracts (and their subcontracts) funded with Federal award funds and shall ensure that any certifications or lobbying disclosures required of recipients of such subgrants and procurement contracts (or their subcontractors) are made and filed in accordance with 31 U.S.C. § 1352.

2. DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS A. Pursuant to Department regulations on nonprocurement debarment and suspension implemented at 2 C.F.R. Part 2867, and to other related requirements, the Applicant certifies, with respect to prospective participants in a primary tier “covered transaction,” as defined at 2 C.F.R. § 2867.20(a), that neither it nor any of its principals--
(a) is presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency;
(b) has within a three-year period preceding this application been convicted of a felony criminal violation under any Federal law, or been convicted or had a civil judgment rendered against it for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, tribal, or local) transaction or private agreement or transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion or receiving stolen property, making false claims, or obstruction of justice, or commission of any offense indicating a lack of business integrity or business honesty that seriously and directly affects its (or its principals’) present responsibility;
(c) is presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, tribal, or local) with commission of any of the offenses enumerated in paragraph (b) of thi tifi ti d/
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this certification; and/or
(d) has within a three-year period preceding this application had one or more public transactions (Federal, State, tribal, or local) terminated for cause or default.

B. Where the Applicant is unable to certify to any of the statements in this certification, it shall attach an explanation to this application. Where the Applicant or any of its principals was convicted, within a three-year period preceding this application, of a felony criminal violation under any Federal law, the Applicant also must disclose such felony criminal conviction in writing to the Department (for OJP Applicants, to OJP at [email protected]; for OVW Applicants, to OVW at [email protected]; or for COPS Applicants, to COPS at [email protected]), unless such disclosure has already been made.

3. FEDERAL TAXES
A. If the Applicant is a corporation, it certifies either that (1) the corporation has no unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, or (2) the corporation has provided written notice of such an unpaid tax liability (or liabilities) to the Department (for OJP Applicants, to OJP at [email protected]; for OVW Applicants, to OVW at [email protected]; or for COPS Applicants, to COPS at [email protected]).

B. Where the Applicant is unable to certify to any of the statements in this certification, it shall attach an explanation to this application.

4. DRUG-FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) As required by the Drug-Free Workplace Act of 1988, as implemented at 28 C.F.R. Part 83, Subpart F, for grantees, as defined at 28 C.F.R. §§ 83.620 and 83.650:

A. The Applicant certifies and assures that it will, or will continue to, provide a drug-free workplace by-- (a)Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in its workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing an on-going drug-free awareness program to inform employees about-- (1) The dangers of drug abuse in the workplace;
(2) The Applicant’s policy of maintaining a drug-free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace;
(c) Making it a requirement that each employee to be engaged in the performance of the award be given a copy of the statement required by paragraph (a);
(d) Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the award, the employee will--
(1) Abide by the terms of the statement; and
(2) Notify the employer in writing of the employee’s conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; (e) Notifying the Department, in writing, within 10 calendar days after receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title of any such convicted employee to the Department, as follows:

For COPS award recipients - COPS Office, 145 N Street, NE, Washington, DC, 20530; For OJP and OVW award recipients - U.S. Department of Justice, Office of Justice Programs, ATTN:
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Please Acknowledge
Certified
SignerID
[email protected]
Signing Date / Time
10/16/24 5:48 PM
Other Disclosures and Assurances
No documents have been uploaded for Application Disclosure and Justification - DOJ High Risk Grantees o OJ a d O awa d ec p e ts U.S. epa t e t o Just ce, O ce o Just ce og a s, :

Control Desk, 810 7th Street, N.W., Washington, D.C. 20531.

Notice shall include the identification number(s) of each affected award; (f) Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted:
(1) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; and
(g) Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs (a), (b), (c), (d), (e), and (f).

5. COORDINATION REQUIRED UNDER PUBLIC SAFETY AND COMMUNITY POLICING PROGRAMS As required by the Public Safety Partnership and Community Policing Act of 1994, at 34 U.S.C. § 10382(c) (5), if this application is for a COPS award, the Applicant certifies that there has been appropriate coordination with all agencies that may be affected by its award. Affected agencies may include, among others, Offices of the United States Attorneys; State, local, or tribal prosecutors; or correctional agencies.

I acknowledge that a materially false, fictitious, or fraudulent statement (or concealment or omission of a material fact) in this certification, or in the application that it supports, may be the subject of criminal prosecution (including under 18 U.S.C. §§ 1001 and/or 1621, and/or 34 U.S.C. §§ 10271-10273), and also may subject me and the Applicant to civil penalties and administrative remedies for false claims or otherwise (including under 31 U.S.C. §§ 3729-3730 and 3801-3812). I also acknowledge that the Department’s awards, including certifications provided in connection with such awards, are subject to review by the Department, including by its Office of the Inspector General.

Applicant Disclosure and Justification - DOJ High Risk Grantees (if applicable) 11/24/25, 1:53 PM Grant Package
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No documents have been uploaded for Other Disclosures and Assurances Please Acknowledge
Signed
SignerID
[email protected]
Signing Date / Time
10/16/24 5:50 PM
No documents have been uploaded for Other
Certified
Declaration and Certification to the U.S. Department of Justice as to this Application Submission By [taking this action], I --

1. Declare the following to the U.S. Department of Justice (DOJ), under penalty of perjury: (1) I have authority to make this declaration and certification on behalf of the applicant; (2) I have conducted or there was conducted (including by the applicant’s legal counsel as appropriate, and made available to me) a diligent review of all requirements pertinent to and all matters encompassed by this declaration and certification.

2. Certify to DOJ, under penalty of perjury, on behalf of myself and the applicant, to the best of my knowledge and belief, that the following are true as of the date of this application submission: (1) I have reviewed this application and all supporting materials submitted in connection therewith (including anything submitted in support of this application by any person on behalf of the applicant before or at the time of the application submission and any materials that accompany this declaration and certification); (2) The information in this application and in all supporting materials is accurate, true, and complete information as of the date of this request; and (3) I have the authority to submit this application on behalf of the applicant.

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

Other
11/24/25, 1:53 PM Grant Package
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Department of Justice (DOJ)
Office of Justice Programs
Bureau of Justice Assistance

Washington, D.C. 20531

Name and Address of Recipient: CITY OF MONTCLAIR
5111 BENITO ST
City, State and Zip: MONTCLAIR, CA 91763
Recipient UEI: YM87HK81HED6
Project Title: Radar Speed Signs for a
Safer and Slower Community Award Number: 15PBJA-25-GG-02893-JAGX Solicitation Title: BJA FY25 Edward Byrne Memorial Justice Assistance Grant (JAG) Program – Local Formula Federal Award Amount: $16,201.00 Federal Award Date: 7/31/26 Awarding Agency: Office of Justice Programs
Bureau of Justice Assistance
Award Type: Initial
Funding Instrument Type: Grant
Opportunity Category: M
Assistance Listing:

16.738 - Edward Byrne Memorial Justice Assistance Grant Program Project Period Start Date: 10/1/24 Project Period End Date: 9/30/27 Budget Period Start Date: 10/1/24 Budget Period End Date: 9/30/27 Project Description:

The Montclair Police Department proposes to utilize 2024 Justice Assistance Grant funds to procure radar speed signs to address ongoing traffic safety related problems in the City of Montclair. The signs would be posted in areas of concern known to have a high percentage of injury traffic collisions and speed violations. Having additional radar speed signs would enhance the Department’s Traffic Safety Program’s goal of reducing vehicle speeds and slowing speeding drivers, thereby reducing the number of persons killed and injured from motor vehicle collisions caused by unsafe speeds. By increasing driver awareness of their speed, the Department hopes to create safer roadways for everyone who lives, works, or visits the Montclair community.

Award Letter
July 31, 2026
Dear Edward Starr,
On behalf of the Attorney General, it is my pleasure to inform you the Office of Justice Programs (OJP) has approved the application submitted by CITY OF MONTCLAIR for an award under the funding opportunity entitled 2025 BJA FY25 Edward Byrne Memorial Justice Assistance Grant (JAG) Program – Local Formula. The approved award amount is $16,201.

Review the Award Instrument below carefully and familiarize yourself with all conditions and requirements before accepting your award. The Award Instrument includes the Award Offer (Award Information, Project Information, Financial Information, and Award Conditions) and Award Acceptance. For COPS Office and OVW funding the Award Page: 1 of 24
MONTCLAIR CITY COUNCIL MEETING – 10/05/2026 Page 41 of 234 Offer also includes any Other Award Documents.

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

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

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

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

Congratulations, and we look forward to working with you.

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

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

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

OCR provides technical assistance, training, and other resources to help recipients comply with civil rights obligations.

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

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

Page: 2 of 24
MONTCLAIR CITY COUNCIL MEETING – 10/05/2026 Page 42 of 234 Memorandum Regarding NEPA
NEPA Letter Type
OJP - Ongoing NEPA Compliance Incorporated into Further Developmental Stages NEPA Letter
All BJA awards are subject to the National Environmental Policy Act (NEPA, 42 U.S.C. 4321 et seq.) and other related federal laws (including the National Historic Preservation Act), if applicable. Award recipients (and subrecipients, as applicable) must support BJA’s compliance with NEPA by providing details about their project, its location, and any resources that might be affected. BJA complies with NEPA (and other related federal laws) for an award-funded activity by evaluating the environmental impacts of the activity in one of three levels of analysis: a Categorical Exclusion (CATEX), an Environmental Assessment (EA), or an Environmental Impact Statement (EIS). See https://bja.ojp.gov/funding/nepa-guidance for additional information regarding NEPA implementation.

Carefully review the conditions on this award for information about any requirements specific to NEPA compliance for this award.

After completion of any required environmental analysis, throughout the term of this award the recipient must inform BJA of (1) any change(s) that it is considering making to the previously assessed activity that may be relevant to environmental impact; or (2) any proposed new activities or changed circumstances that may require assessment as to environmental impact, such as new activities that involve the use of chemicals or involve construction or major renovation. The recipient may not implement a proposed change or new activity until BJA, with the assistance of the recipient, has determined whether the proposed change or new activity (or changed circumstances) will require additional review under NEPA. Approval for implementation will not be unreasonably withheld as long as any requested modification(s) is consistent with eligible program purposes and found acceptable under an approved environmental impact review process.

Questions about NEPA compliance may be directed to your grant manager.

NEPA Coordinator
First Name
Chris
Middle Name
no value
Last Name
Casto
Award Information
This award is offered subject to the conditions or limitations set forth in the Award Information, Project Information, Financial Information, and Award Conditions.

Recipient Information
Recipient Name

CITY OF MONTCLAIR
UEI
YM87HK81HED6
Street 1
5111 BENITO ST Street 2
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MONTCLAIR CITY COUNCIL MEETING – 10/05/2026 Page 43 of 234 City

MONTCLAIR
State/U.S. Territory
California
Zip/Postal Code
91763
Country
United States
County/Parish Province
Award Details
Federal Award Date
7/31/26
Award Type
Initial
Award Number
15PBJA-25-GG-02893-JAGX
Supplement Number
00 Federal Award Amount
$16,201.00
Funding Instrument Type
Grant
Assistance Listing
Number
Assistance Listings Program Title

16.738 Edward Byrne Memorial Justice Assistance Grant Program Statutory Authority
Pub. L. No. 90-351, Title I, Part E, subpart 1 (codified at 34 U.S.C. 10151-10158); see also 28 U.S.C. 530C(a) [X] I have read and understand the information presented in this section of the Federal Award Instrument.

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

Solicitation Title
2025 BJA FY25 Edward Byrne Memorial Justice
Assistance Grant (JAG) Program – Local Formula
Application Number
GRANT14265956
Awarding Agency
OJP
Program Office
BJA
Grant Manager Name
Elaine Vanlandingham
Phone Number
202-598-7415
E-mail Address
[email protected]
Project Title
Radar Speed Signs for a Safer and Slower Community
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MONTCLAIR CITY COUNCIL MEETING – 10/05/2026 Page 44 of 234 Performance Period Start
Date
10/01/2024
Performance Period End Date
09/30/2027
Budget Period Start Date
10/01/2024
Budget Period End Date
09/30/2027
Project Description
The Montclair Police Department proposes to utilize 2024 Justice Assistance Grant funds to procure radar speed signs to address ongoing traffic safety related problems in the City of Montclair. The signs would be posted in areas of concern known to have a high percentage of injury traffic collisions and speed violations. Having additional radar speed signs would enhance the Department’s Traffic Safety Program’s goal of reducing vehicle speeds and slowing speeding drivers, thereby reducing the number of persons killed and injured from motor vehicle collisions caused by unsafe speeds. By increasing driver awareness of their speed, the Department hopes to create safer roadways for everyone who lives, works, or visits the Montclair community. [X] I have read and understand the information presented in this section of the Federal Award Instrument.

Financial Information
This award is offered subject to the conditions or limitations set forth in the Award Information, Project Information, Financial Information, and Award Conditions. [X] I have read and understand the information presented in this section of the Federal Award Instrument.

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

Condition 1
Compliance with general appropriations-law restrictions on the use of federal funds (FY 2025) The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable restrictions on the use of federal funds set out in federal appropriations statutes. Pertinent restrictions that may be set out in applicable appropriations acts are indicated at https://ojp.gov/funding/Explore/FY25AppropriationsRestrictions.htm, and are incorporated by reference here.

Should a question arise as to whether a particular use of federal funds by a recipient (or a subrecipient) would or might fall within the scope of an appropriations-law restriction, the recipient is to contact OJP for guidance, and may not proceed without the express prior written approval of OJP.

Condition 2
Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 38 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 38.

Among other things, 28 C.F.R. Part 38 states that recipients may not use direct Federal financial assistance from the Department of Justice to support or engage in any explicitly religious activities except when consistent with the Page: 5 of 24
MONTCLAIR CITY COUNCIL MEETING – 10/05/2026 Page 45 of 234 Establishment Clause of the First Amendment to the U.S. Constitution and any other applicable requirements. An organization receiving Federal financial assistance also may not, in providing services funded by the Department of Justice or in outreach activities related to such services, discriminate against a program beneficiary or prospective program beneficiary on the basis of religion, a religious belief, a refusal to hold a religious belief, or refusal to attend or participate in a religious practice. Part 38 also sets out rules and requirements that pertain to recipient and subrecipient ("subgrantee") organizations that engage in or conduct explicitly religious activities, as well as rules and requirements that pertain to recipients and subrecipients that are faith-based or religious organizations. In addition, Part 38 states that a faith-based organization that participates in a Department of Justice funded program retains its independence from the Government and may continue to carry out its mission consistent with religious freedom and conscience protections in Federal law.

Recipients and subrecipients that provide social services under this award must give written notice to beneficiaries and prospective beneficiaries prior to the provision of services (if practicable) which shall include language substantially similar to the language in 28 CFR Part 38, Appendix C, sections (1) through (4). A sample written notice may be found at https://www.ojp.gov/program/civil-rights-office/partnerships-faith-based-and-other-neighborhood-organizations.

In certain instances, a faith-based or religious organization may be able to take religion into account when making hiring decisions, provided it satisfies certain requirements. For more information, see “Nondiscrimination provisions and the Religious Freedom Restoration Act,” accessible at https://www.ojp.gov/funding/explore/legaloverview2025/ civilrightsrequirements.

Condition 3
Requirements pertaining to prohibited conduct related to trafficking in persons (including reporting requirements and OJP authority to terminate award)
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements (including requirements to report allegations) pertaining to prohibited conduct related to the trafficking of persons, whether on the part of recipients, subrecipients ("subgrantees"), or individuals defined (for purposes of this condition) as "employees" of the recipient or of any subrecipient.

The details of the recipient's obligations related to prohibited conduct related to trafficking in persons are posted on the OJP web site at https://ojp.gov/funding/Explore/ProhibitedConduct-Trafficking.htm (Award condition: Prohibited conduct by recipients and subrecipients related to trafficking in persons (including reporting requirements and OJP authority to terminate award)), and are incorporated by reference here.

Condition 4
All subawards ("subgrants") must have specific federal authorization The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements for authorization of any subaward. This condition applies to agreements that -- for purposes of federal grants administrative requirements -- OJP considers a "subaward" (and therefore does not consider a procurement "contract").

The details of the requirement for authorization of any subaward are posted on the OJP website at https://ojp.gov/ funding/Explore/SubawardAuthorization.htm (Award condition: All subawards ("subgrants") must have specific federal authorization), and are incorporated by reference here.

Condition 5
Specific post-award approval required to use a noncompetitive approach in any procurement contract that would exceed the Simplified Acquisition Threshold
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements to obtain specific advance approval to use a noncompetitive approach in any procurement contract that would exceed the Simplified Acquisition Threshold, as set forth in the Federal Acquisition Regulations (FAR). See the definition of simplified acquisition threshold in the FAR at 48 CFR part 2, subpart 2.1. This condition applies to agreements that -- for purposes of federal grants administrative requirements -- OJP considers a procurement "contract" (and therefore does not consider a subaward).

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MONTCLAIR CITY COUNCIL MEETING – 10/05/2026 Page 46 of 234 The details of the requirement for advance approval to use a noncompetitive approach in a procurement contract under an OJP award are posted on the OJP website at https://ojp.gov/funding/Explore/NoncompetitiveProcurement.htm (Award condition: Specific post-award approval required to use a noncompetitive approach in a procurement contract (if contract would exceed Simplified Acquisition Threshold)), and are incorporated by reference here.

Condition 6
Federal Civil Rights and Nondiscrimination Laws (certification) The recipient agrees that its compliance with all applicable Federal civil rights and nondiscrimination laws is material to the government's decision to make this award and any payment thereunder, including for purposes of the False Claims Act (31 U.S.C. 3729-3730 and 3801-3812), and, by accepting this award, certifies that it does not operate any programs (including any such programs having components relating to diversity, equity, and inclusion) that violate any applicable Federal civil rights or nondiscrimination laws.

Condition 7
Requirements of the award; remedies for non-compliance or for materially false statements The conditions of this award are material requirements of the award. Compliance with any assurances or certifications submitted by or on behalf of the recipient that relate to conduct during the period of performance also is a material requirement of this award.

Limited Exceptions. In certain special circumstances, the U.S. Department of Justice ("DOJ") may determine that a legal notice regarding award requirements is necessary or that it will not enforce, or enforce only in part, one or more requirements otherwise applicable to the award. Any such notice or exception regarding enforcement, including any such notice or exception made during the period of performance, is (or will be during the period of performance) set out through the Office of Justice Programs ("OJP") webpage entitled "Legal Notices: Special circumstances as to particular award conditions" (ojp.gov/funding/Explore/LegalNotices-AwardReqts.htm), and incorporated by reference into the award.

By signing and accepting this award on behalf of the recipient, the authorized recipient official accepts all material requirements of the award, and specifically adopts, as if personally executed by the authorized recipient official, all assurances or certifications submitted by or on behalf of the recipient that relate to conduct during the period of performance.

Failure to comply with one or more award requirements -- whether a condition set out in full below, a condition incorporated by reference below, or an assurance or certification related to conduct during the award period -- may result in OJP taking appropriate action with respect to the recipient and the award. Among other things, the OJP may withhold award funds, disallow costs, or suspend or terminate the award. DOJ, including OJP, also may take other legal action as appropriate.

Any materially false, fictitious, or fraudulent statement to the federal government related to this award (or concealment or omission of a material fact) may be the subject of criminal prosecution (including under 18 U.S.C. 1001 and/or 1621, and/or 34 U.S.C. 10271-10273), and also may lead to imposition of civil penalties and administrative remedies for false claims or otherwise (including under 31 U.S.C. 3729-3730 and 3801-3812).

Should any provision of a requirement of this award be held to be invalid or unenforceable by its terms, that provision shall first be applied with a limited construction so as to give it the maximum effect permitted by law. Should it be held, instead, that the provision is utterly invalid or -unenforceable, such provision shall be deemed severable from this award.

Condition 8
Effect of failure to address audit issues
The recipient understands and agrees that the DOJ awarding agency (OJP or OVW, as appropriate) may withhold award funds, or may impose other related requirements, if (as determined by the DOJ awarding agency) the recipient does not satisfactorily and promptly address outstanding issues from audits required by the Part 200 Uniform Requirements (or by the terms of this award), or other outstanding issues that arise in connection with audits, investigations, or reviews of DOJ awards.

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MONTCLAIR CITY COUNCIL MEETING – 10/05/2026 Page 47 of 234 Condition 9
Applicability of Part 200 Uniform Requirements
The Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 C.F.R. Part 200, as adopted and supplemented by DOJ in 2 C.F.R. Part 2800 (together, the "Part 200 Uniform Requirements"), including, without limitation, the provisions regarding termination in 2 C.F.R. 200.340, apply to this award from OJP.

For more information and resources on the Part 200 Uniform Requirements as they relate to OJP awards and subawards ("subgrants"), see the OJP website at https://ojp.gov/funding/Part200UniformRequirements.htm.

Record retention and access: Records pertinent to the award that the recipient (and any subrecipient ("subgrantee") at any tier) must retain -- typically for a period of 3 years from the date of submission of the final expenditure report (SF 425), unless a different retention period applies -- and to which the recipient (and any subrecipient ("subgrantee") at any tier) must provide access, include performance measurement information, in addition to the financial records, supporting documents, statistical records, and other pertinent records indicated at 2 C.F.R. 200.334.

In the event that an award-related question arises from documents or other materials prepared or distributed by OJP that may appear to conflict with, or differ in some way from, the provisions of the Part 200 Uniform Requirements, the recipient is to contact OJP promptly for clarification.

Condition 10
Reporting potential fraud, waste, and abuse, and similar misconduct The recipient, and any subrecipients ("subgrantees") at any tier, must promptly refer to the DOJ Office of the Inspector General (OIG) any credible evidence that a principal, employee, agent, subrecipient, contractor, subcontractor, or other person has, in connection with funds under this award-- (1) submitted a claim that violates the False Claims Act; or (2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct.

Potential fraud, waste, abuse, or misconduct involving or relating to funds under this award should be reported to the OIG by--(1) online submission accessible via the OIG webpage at https://oig.justice.gov/hotline/contact-grants.htm (select "Submit Report Online"); (2) mail directed to: U.S. Department of Justice, Office of the Inspector General, Investigations Division, ATTN: Fraud Detection Office, 950 Pennsylvania Ave., NW, Washington, DC 20530; and/or (3) by facsimile directed to the DOJ OIG Investigations Division (Attn: Grantee Reporting) at (202) 616-9881 (fax).

Additional information is available from the DOJ OIG website at https://oig.justice.gov/hotline.

Condition 11
Requirements related to "de minimis" indirect cost rate A recipient that is eligible under the Part 200 Uniform Requirements and other applicable law to use the "de minimis" indirect cost rate described in 2 C.F.R. 200.414(f), and that elects to use the "de minimis" indirect cost rate, must advise OJP in writing of both its eligibility and its election, and must comply with all associated requirements in the Part 200 Uniform Requirements. The "de minimis" rate may be applied only to modified total direct costs (MTDC) as defined by the Part 200 Uniform Requirements.

Condition 12
Compliance with applicable rules regarding approval, planning, and reporting of conferences, meetings, trainings, and other events
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable laws, regulations, policies, and official DOJ guidance (including specific cost limits, prior approval and reporting requirements, where applicable) governing the use of federal funds for expenses related to conferences (as that term is defined by DOJ), including the provision of food and/or beverages at such conferences, and costs of attendance at such conferences.

Information on the pertinent DOJ definition of conferences and the rules applicable to this award appears in the DOJ Page: 8 of 24
MONTCLAIR CITY COUNCIL MEETING – 10/05/2026 Page 48 of 234 Grants Financial Guide (currently, as section 3.10 of "Postaward Requirements" in the "DOJ Grants Financial Guide").

Condition 13
Requirement for data on performance and effectiveness under the award The recipient must collect and maintain data that measure the performance and effectiveness of work under this award. The data must be provided to OJP in the manner (including within the timeframes) specified by OJP in the program solicitation or other applicable written guidance. Data collection supports compliance with the Government Performance and Results Act (GPRA) and the GPRA Modernization Act of 2010, and other applicable laws.

Condition 14
Compliance with DOJ Grants Financial Guide
References to the DOJ Grants Financial Guide are to the DOJ Grants Financial Guide as posted on the OJP website (currently, the "DOJ Grants Financial Guide" available at https://ojp.gov/financialguide/DOJ/index.htm), including any updated version that may be posted during the period of performance. The recipient agrees to comply with the DOJ Grants Financial Guide.

Condition 15
Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 42 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 42, specifically including 28 C.F.R. § 42.106(d), 28 C.F.R. § 42.405(c), and 28 C.F.R. § 42.505(f), which contain notice requirements that covered recipients must follow regarding the dissemination of information regarding federal nondiscrimination requirements.

Condition 16
Determination of suitability to interact with participating minors SCOPE. This condition applies to this award if it is indicated -- in the application for the award (as approved by DOJ)(or in the application for any subaward, at any tier), the DOJ funding announcement (solicitation), or an associated federal statute -- that a purpose of some or all of the activities to be carried out under the award (whether by the recipient, or a subrecipient at any tier) is to benefit a set of individuals under 18 years of age.

The recipient, and any subrecipient at any tier, must make determinations of suitability before certain individuals may interact with participating minors. This requirement applies regardless of an individual's employment status.

The details of this requirement are posted on the OJP web site at https://ojp.gov/funding/Explore/Interact-Minors.htm (Award condition: Determination of suitability required, in advance, for certain individuals who may interact with participating minors), and are incorporated by reference here.

Condition 17
Requirement to disclose whether recipient is designated "high risk" by a federal grant-making agency outside of DOJ If the recipient is designated "high risk" by a federal grant-making agency outside of DOJ, currently or at any time during the course of the period of performance under this award, the recipient must disclose that fact and certain related information to OJP by email at [email protected]. For purposes of this disclosure, high risk includes any status under which a federal awarding agency provides additional oversight due to the recipient's past performance, or other programmatic or financial concerns with the recipient. The recipient's disclosure must include the following: 1. The federal awarding agency that currently designates the recipient high risk, 2. The date the recipient was designated high risk, 3. The high-risk point of contact at that federal awarding agency (name, phone number, and email address), and 4. The reasons for the high-risk status, as set out by the federal awarding agency.

Condition 18
Employment eligibility verification for hiring under the award Page: 9 of 24
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1. The recipient (and any subrecipient at any tier) must-- A. Ensure that, as part of the hiring process for any position within the United States that is or will be funded (in whole or in part) with award funds, the recipient (or any subrecipient) properly verifies the employment eligibility of the individual who is being hired, consistent with the provisions of 8 U.S.C. 1324a(a)(1).

B. Notify all persons associated with the recipient (or any subrecipient) who are or will be involved in activities under this award of both--
(1) this award requirement for verification of employment eligibility, and (2) the associated provisions in 8 U.S.C. 1324a(a)(1) that, generally speaking, make it unlawful, in the United States, to hire (or recruit for employment) certain aliens.

C. Provide training (to the extent necessary) to those persons required by this condition to be notified of the award requirement for employment eligibility verification and of the associated provisions of 8 U.S.C. 1324a(a)(1).

D. As part of the recordkeeping for the award (including pursuant to the Part 200 Uniform Requirements), maintain records of all employment eligibility verifications pertinent to compliance with this award condition in accordance with Form I-9 record retention requirements, as well as records of all pertinent notifications and trainings.

2. Monitoring
The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition.

3. Allowable costs
To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) of actions designed to ensure compliance with this condition.

4. Rules of construction
A. Staff involved in the hiring process
For purposes of this condition, persons "who are or will be involved in activities under this award" specifically includes (without limitation) any and all recipient (or any subrecipient) officials or other staff who are or will be involved in the hiring process with respect to a position that is or will be funded (in whole or in part) with award funds.

B. Employment eligibility confirmation with E-Verify
For purposes of satisfying the requirement of this condition regarding verification of employment eligibility, the recipient (or any subrecipient) may choose to participate in, and use, E-Verify (www.e-verify.gov), provided an appropriate person authorized to act on behalf of the recipient (or subrecipient) uses E-Verify (and follows the proper E-Verify procedures, including in the event of a "Tentative Nonconfirmation" or a "Final Nonconfirmation") to confirm employment eligibility for each hiring for a position in the United States that is or will be funded (in whole or in part) with award funds.

C. "United States" specifically includes the District of Columbia, Puerto Rico, Guam, the Virgin Islands of the United States, and the Commonwealth of the Northern Mariana Islands.

D. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, or any person or other entity, to violate any federal law, including any applicable civil rights or nondiscrimination law.

E. Nothing in this condition, including in paragraph 4.B., shall be understood to relieve any recipient, any subrecipient at any tier, or any person or other entity, of any obligation otherwise imposed by law, including 8 U.S.C. 1324a(a)(1).

Questions about E-Verify should be directed to DHS. For more information about E-Verify visit the E-Verify website (https://www.e-verify.gov/) or email E-Verify at [email protected]. E-Verify employer agents can email E-Verify at E[email protected].

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MONTCLAIR CITY COUNCIL MEETING – 10/05/2026 Page 50 of 234 Questions about the meaning or scope of this condition should be directed to OJP, before award acceptance.

Condition 19
Encouragement of policies to ban text messaging while driving Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed. Reg. 51225 (October 1, 2009), DOJ encourages recipients and subrecipients ("subgrantees") to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by this award, and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers.

Condition 20
Reclassification of various statutory provisions to a new Title 34 of the United States Code On September 1, 2017, various statutory provisions previously codified elsewhere in the U.S. Code were editorially reclassified (that is, moved and renumbered) to a new Title 34, entitled "Crime Control and Law Enforcement." The reclassification encompassed a number of statutory provisions pertinent to OJP awards (that is, OJP grants and cooperative agreements), including many provisions previously codified in Title 42 of the U.S. Code.

Effective as of September 1, 2017, any reference in this award document to a statutory provision that has been reclassified to the new Title 34 of the U.S. Code is to be read as a reference to that statutory provision as reclassified to Title 34. This rule of construction specifically includes references set out in award conditions, references set out in material incorporated by reference through award conditions, and references set out in other award requirements.

Condition 21
Restrictions and certifications regarding non-disclosure agreements and related matters No recipient or subrecipient ("subgrantee") under this award, or entity that receives a procurement contract or subcontract with any funds under this award, may require any employee or contractor to sign an internal confidentiality agreement or statement that prohibits or otherwise restricts, or purports to prohibit or restrict, the reporting (in accordance with law) of waste, fraud, or abuse to an investigative or law enforcement representative of a federal department or agency authorized to receive such information.

The foregoing is not intended, and shall not be understood by the agency making this award, to contravene requirements applicable to Standard Form 312 (which relates to classified information), Form 4414 (which relates to sensitive compartmented information), or any other form issued by a federal department or agency governing the nondisclosure of classified information.

1. In accepting this award, the recipient--
a. represents that it neither requires nor has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and b. certifies that, if it learns or is notified that it is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency.

2. If the recipient does or is authorized under this award to make subawards ("subgrants"), procurement contracts, or both--
a. it represents that--
(1) it has determined that no other entity that the recipient's application proposes may or will receive award funds (whether through a subaward ("subgrant"), procurement contract, or subcontract under a procurement contract) either Page: 11 of 24
MONTCLAIR CITY COUNCIL MEETING – 10/05/2026 Page 51 of 234 requires or has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and
(2) it has made appropriate inquiry, or otherwise has an adequate factual basis, to support this representation; and b. it certifies that, if it learns or is notified that any subrecipient, contractor, or subcontractor entity that receives funds under this award is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds to or by that entity, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency.

Condition 22
OJP Training Guiding Principles
Any training or training materials that the recipient -- or any subrecipient ("subgrantee") at any tier -- develops or delivers with OJP award funds must adhere to the OJP Training Guiding Principles for Grantees and Subgrantees, available at https://www.ojp.gov/funding/implement/training-guiding-principles-grantees-and-subgrantees.

Condition 23
Requirement to report potentially duplicative funding
If the recipient currently has other active awards of federal funds, or if the recipient receives any other award of federal funds during the period of performance for this award, the recipient promptly must determine whether funds from any of those other federal awards have been, are being, or are to be used (in whole or in part) for one or more of the identical cost items for which funds are provided under this award. If so, the recipient must promptly notify the DOJ awarding agency (OJP or OVW, as appropriate) in writing of the potential duplication, and, if so requested by the DOJ awarding agency, must seek a budget-modification or change-of-project-scope Grant Award Modification (GAM) to eliminate any inappropriate duplication of funding.

Condition 24
Required training for Grant Award Administrator and Financial Manager The Grant Award Administrator and all Financial Managers for this award must have successfully completed an "OJP financial management and grant administration training" by 120 days after the date of the recipient's acceptance of the award. Successful completion of such a training on or after January 1, 2022, will satisfy this condition.

In the event that either the Grant Award Administrator or a Financial Manager for this award changes during the period of performance, the new Grant Award Administrator or Financial Manager must have successfully completed an "OJP financial management and grant administration training" by 120 calendar days after the date the Entity Administrator enters updated Grant Award Administrator or Financial Manager information in JustGrants. Successful completion of such a training on or after January 1, 2022, will satisfy this condition.

A list of OJP trainings that OJP will consider "OJP financial management and grant administration training" for purposes of this condition is available at https://onlinegfmt.training.ojp.gov/. All trainings that satisfy this condition include a session on grant fraud prevention and detection.

The recipient should anticipate that OJP will immediately withhold ("freeze") award funds if the recipient fails to comply with this condition. The recipient's failure to comply also may lead OJP to impose additional appropriate conditions on this award.

Condition 25
Compliance with 41 U.S.C. 4712 (including prohibitions on reprisal; notice to employees) The recipient (and any subrecipient at any tier) must comply with, and is subject to, all applicable provisions of 41 U.S.C. 4712, including all applicable provisions that prohibit, under specified circumstances, discrimination against an Page: 12 of 24
MONTCLAIR CITY COUNCIL MEETING – 10/05/2026 Page 52 of 234 employee as reprisal for the employee's disclosure of information related to gross mismanagement of a federal grant, a gross waste of federal funds, an abuse of authority relating to a federal grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal grant.

The recipient also must inform its employees, in writing (and in the predominant native language of the workforce), of employee rights and remedies under 41 U.S.C. 4712.

Should a question arise as to the applicability of the provisions of 41 U.S.C. 4712 to this award, the recipient is to contact the DOJ awarding agency (OJP or OVW, as appropriate) for guidance.

Condition 26
Potential imposition of additional requirements
The recipient agrees to comply with any additional requirements that may be imposed by the DOJ awarding agency (OJP or OVW, as appropriate) during the period of performance for this award, if the recipient is designated as "highrisk" for purposes of the DOJ high-risk grantee list.

Condition 27
Requirement to report actual or imminent breach of personally identifiable information (PII) The recipient (and any "subrecipient" at any tier) must have written procedures in place to respond in the event of an actual or imminent "breach" (OMB M-17-12) if it (or a subrecipient) -- (1) creates, collects, uses, processes, stores, maintains, disseminates, discloses, or disposes of "Personally Identifiable Information (PII)" (2 CFR 200.1) within the scope of an OJP grant-funded program or activity, or (2) uses or operates a "Federal information system" (OMB Circular A-130). The recipient's breach procedures must include a requirement to report actual or imminent breach of PII to an OJP Program Manager no later than 24 hours after an occurrence of an actual breach, or the detection of an imminent breach.

Condition 28
Requirements related to System for Award Management and Universal Identifier Requirements The recipient must comply with applicable requirements regarding the System for Award Management (SAM), currently accessible at https://www.sam.gov/. This includes applicable requirements regarding registration with SAM, as well as maintaining the currency of information in SAM.

The recipient also must comply with applicable restrictions on subawards ("subgrants") to first-tier subrecipients (firsttier "subgrantees"), including restrictions on subawards to entities that do not acquire and provide (to the recipient) the unique entity identifier required for SAM registration.

The details of the recipient's obligations related to SAM and to unique entity identifiers are posted on the OJP web site at https://ojp.gov/funding/Explore/SAM.htm (Award condition: System for Award Management (SAM) and Universal Identifier Requirements), and are incorporated by reference here.

This condition does not apply to an award to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or her name).

Condition 29
Restrictions on "lobbying"
In general, as a matter of federal law, federal funds awarded by OJP may not be used by the recipient, or any subrecipient ("subgrantee") at any tier, either directly or indirectly, to support or oppose the enactment, repeal, modification, or adoption of any law, regulation, or policy, at any level of government. See 18 U.S.C. 1913. (There may be exceptions if an applicable federal statute specifically authorizes certain activities that otherwise would be barred by law.)
Another federal law generally prohibits federal funds awarded by OJP from being used by the recipient, or any subrecipient at any tier, to pay any person to influence (or attempt to influence) a federal agency, a Member of Page: 13 of 24
MONTCLAIR CITY COUNCIL MEETING – 10/05/2026 Page 53 of 234 Congress, or Congress (or an official or employee of any of them) with respect to the awarding of a federal grant or cooperative agreement, subgrant, contract, subcontract, or loan, or with respect to actions such as renewing, extending, or modifying any such award. See 31 U.S.C. 1352. Certain exceptions to this law apply, including an exception that applies to Indian tribes and tribal organizations.

Should any question arise as to whether a particular use of federal funds by a recipient (or subrecipient) would or might fall within the scope of these prohibitions, the recipient is to contact OJP for guidance, and may not proceed without the express prior written approval of OJP.

Condition 30
Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 54 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 54, which relates to nondiscrimination on the basis of sex in certain "education programs." Among other items, 28 C.F.R. § 54.140 contains notice requirements that covered recipients must follow regarding the dissemination of information regarding federal nondiscrimination requirements.

Condition 31
The recipient understands that, in accepting this award, the Authorized Representative declares and certifies, among other things, that he or she possesses the requisite legal authority to accept the award on behalf of the recipient entity and, in so doing, accepts (or adopts) all material requirements that relate to conduct throughout the period of performance under this award. The recipient further understands, and agrees, that it will not assign anyone to the role of Authorized Representative during the period of performance under the award without first ensuring that the individual has the requisite legal authority.

Condition 32
Verification and updating of recipient contact information The recipient must verify its Grant Award Administrator, Financial Manager, and Authorized Representative contact information in JustGrants, including telephone number and e-mail address. If any information is incorrect or has changed, the award recipient’s Entity Administrator must make changes to contact information through DIAMD.

Instructions on how to update contact information in JustGrants can be found at https://justicegrants.usdoj.gov/training/ training-entity-management.

Condition 33
FFATA reporting: Subawards and executive compensation
The recipient must comply with applicable requirements to report first-tier subawards ("subgrants") of $30,000 or more and, in certain circumstances, to report the names and total compensation of the five most highly compensated executives of the recipient and first-tier subrecipients (first-tier "subgrantees") of award funds. The details of recipient obligations, which derive from the Federal Funding Accountability and Transparency Act of 2006 (FFATA), are set forth in 2 C.F.R. part 170, Appendix A (“Award Term”) and are incorporated by reference here.

This condition, including its reporting requirement, does not apply to-- (1) an award of less than $30,000, or (2) an award made to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or her name).

Note: In early March 2025, the reporting system that had been used for subaward reporting, the FFATA (Federal Funding Accountability and Transparency Act) Subaward Reporting System (FSRS) was retired and functionality moved to SAM.gov. For more information, including steps on how to connect your FSRS account to SAM.gov, visit https://sam.gov/fsrs.

Condition 34
The recipient agrees to comply with OJP grant monitoring guidelines, protocols, and procedures, and to cooperate with BJA and OCFO on all grant monitoring requests, including requests related to desk reviews, enhanced programmatic desk reviews, and/or site visits. The recipient agrees to provide to BJA and OCFO all documentation necessary to complete monitoring tasks, including documentation related to any subawards made under this award. Further, the recipient agrees to abide by reasonable deadlines set by BJA and OCFO for providing the requested documents.

Failure to cooperate with BJA's/OCFO's grant monitoring activities may result in sanctions affecting the recipient's DOJ Page: 14 of 24
MONTCLAIR CITY COUNCIL MEETING – 10/05/2026 Page 54 of 234 awards, including, but not limited to: withholdings and/or other restrictions on the recipient's access to grant funds; referral to the Office of the Inspector General for audit review; designation of the recipient as a DOJ High Risk grantee; or termination of an award(s).

Condition 35
Any publication (e.g., curricula, training materials, publications, reports, videos, or any other written, web-based, or audio-visual, or other materials) funded in whole or in part under this award, (with the exception of press releases, websites, and mobile applications), shall contain the following statement: “This project was supported by Grant No. <Award_Number> awarded by the Bureau of Justice Assistance, Office of Justice Programs, U.S. Department of Justice. Points of view or opinions in this document are those of the author and do not necessarily represent the official position or policies of the U.S. Department of Justice." Any website or mobile application that is funded in whole or in part under this award must include the following statement where most practicable: "This website [or application] was supported by Grant No. <Award_Number> awarded by the Bureau of Justice Assistance, Office of Justice Programs, U.S. Department of Justice. Neither the U.S.

Department of Justice nor any of its components operate, control, are responsible for, or necessarily endorse, this website [or application] (including, without limitation, its content, technical infrastructure, and policies, and any services or tools provided)." The full text of the foregoing statement must be clearly visible. The statement may also be included through a link, entitled "Notice of Federal Funding and Federal Disclaimer," to the full text of the statement.

Upon specific request by BJA, the recipient must submit to BJA for review and approval (or, for recipients or subrecipients that are institutions of higher education, review and comment) any publication or product developed under this award at least 30 working days prior to the targeted dissemination date.

The current edition of the DOJ Grants Financial Guide provides additional guidance on allowable printing and publication activities.

Condition 36
Confidentiality of data
The recipient (and any subrecipient at any tier) must comply with all confidentiality requirements of 34 U.S.C. 10231 and 28 C.F.R. Part 22 that are applicable to collection, use, and revelation of data or information. The recipient further agrees, as a condition of award approval, to submit a Privacy Certificate that is in accord with requirements of 28 C.F.R. Part 22 and, in particular, 28 C.F.R. 22.23 for any applicable project.

Condition 37
The recipient agrees to cooperate with any assessments, national evaluation efforts, or information or data collection requests, including, but not limited to, the provision of any information required for the assessment or evaluation of any activities within this project.

Condition 38
Protection of human research subjects
The recipient (and any subrecipient at any tier) must comply with the requirements of 28 C.F.R. Part 46 and all OJP policies and procedures regarding the protection of human research subjects, including obtainment of Institutional Review Board approval, if appropriate, and subject informed consent.

Condition 39
Compliance with 28 C.F.R. Part 23
With respect to any information technology system funded or supported by funds under this award, the recipient (and any subrecipient at any tier) must comply with 28 C.F.R. Part 23, Criminal Intelligence Systems Operating Policies, if OJP determines this regulation to be applicable. Should OJP determine 28 C.F.R. Part 23 to be applicable, OJP may, at its discretion, perform audits of the system, as per the regulation. Should any violation of 28 C.F.R. Part 23 occur, the recipient may be fined as per 34 U.S.C. 10231(c)-(d). The recipient may not satisfy such a fine with federal funds.

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MONTCLAIR CITY COUNCIL MEETING – 10/05/2026 Page 55 of 234 Condition 40
Justice Information Sharing
Information sharing projects funded under this award must comply with DOJ's Global Justice Information Sharing Initiative (Global) guidelines. The recipient (and any subrecipient at any tier) must conform to the Global Standards Package (GSP) and all constituent elements, where applicable, as described at: https://bja.ojp.gov/program/it/gspgrant-condition. The recipient (and any subrecipient at any tier) must document planned approaches to information sharing and describe compliance with the GSP and appropriate privacy policy that protects shared information, or provide detailed justification for why an alternative approach is recommended.

Condition 41
Avoidance of duplication of networks
To avoid duplicating existing networks or IT systems in any initiatives funded by BJA for law enforcement information sharing systems that involve interstate connectivity between jurisdictions, such systems shall employ, to the extent possible, existing networks as the communication backbone to achieve interstate connectivity, unless the recipient can demonstrate to the satisfaction of BJA that this requirement would not be cost effective or would impair the functionality of an existing or proposed IT system.

Condition 42
Law enforcement task forces - required training
Within 120 days of award acceptance, each current member of a law enforcement task force funded with award funds who is a task force commander, agency executive, task force officer, or other task force member of equivalent rank, must complete required online task force training. Additionally, all future task force members must complete this training once during the period of performance for this award, or once every four years if multiple OJP awards include this requirement.

The required training is available free of charge online through the BJA-funded Center for Task Force Integrity and Leadership (www.ctfli.org). The training addresses task force effectiveness, as well as other key issues including privacy and civil liberties/rights, task force performance measurement, personnel selection, and task force oversight and accountability. If award funds are used to support a task force, the recipient must compile and maintain a task force personnel roster, along with course completion certificates.

Additional information regarding the training is available through BJA's web site and the Center for Task Force Integrity and Leadership (www.ctfli.org).

Condition 43
Compliance with National Environmental Policy Act and related statutes Upon request, the recipient (and any subrecipient at any tier) must assist BJA in complying with the National Environmental Policy Act (NEPA), the National Historic Preservation Act, and other related federal environmental requirements in the use of these award funds, either directly by the recipient or by a subrecipient. Accordingly, the recipient agrees to determine if any of the following activities will be funded by the grant prior to obligating funds for any of these purposes. If it is determined that any of the following activities will be funded by the award, the recipient agrees to contact BJA, and follow instructions regarding NEPA compliance.

The activities covered by this condition are:
a. New construction;
b. Minor renovation or remodeling of a property located in an environmentally or historically sensitive area, including properties located within a 100-year flood plain, a wetland, or habitat for endangered species, or a property listed on or eligible for listing on the National Register of Historic Places; c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size;
d. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or education environments;
Page: 16 of 24
MONTCLAIR CITY COUNCIL MEETING – 10/05/2026 Page 56 of 234 e. Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories; and f. Any extraordinary or unusual project with potential to have a significant environmental impact.

The recipient understands and agrees that complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement, as directed by BJA.

Condition 44
The recipient shall ensure that each DNA analysis conducted under this award will be performed either (1) by accredited government-owned laboratories, or (2) through an accredited fee-for-service vendor. The accreditation must be by an accrediting body that is a signatory to an internationally recognized arrangement and that offers accreditation to forensic science conformity assessment bodies using an accreditation standard that is recognized by that internationally recognized arrangement. Any laboratory conducting STR, Y-STR, or mitochondrial DNA testing undergo external audits not less than once every 2 years that demonstrate compliance with the DNA Quality Assurance Standards established by the Director of the Federal Bureau of Investigation.

If award funds are used for DNA testing of evidentiary materials, recipients shall ensure that any resulting eligible DNA profiles must be uploaded to the Combined DNA Index System ("CODIS," the DNA database operated by the FBI) by a government DNA laboratory with access to CODIS, and, where applicable, uploaded to the National DNA Index System (NDIS). Award funds may be used for forensic genetic genealogy in accordance with United States Department of Justice Interim Policy Forensic Genealogical DNA Analysis and Searching and program requirements.

With the exception of Forensic Genetic Genealogy, no profiles generated under this award may be entered or uploaded into any non-governmental DNA database without prior express written approval from BJA. Award funds may not be used for the purchase of DNA equipment and supplies unless the resulting DNA profiles may be accepted for entry into CODIS. Booking agencies should work with their state CODIS agency to ensure all requirements are met for participation in Rapid DNA (see National Rapid DNA Booking Operational Procedures Manual).

The recipient shall ensure that each DNA analysis conducted and each DNA profile generated under this award, and each stored DNA sample that results from this award, are maintained in accordance with any applicable federal privacy requirements and restrictions on disclosure.

Condition 45
Recipients utilizing award funds for forensic genealogy testing must adhere to the United States Department of Justice Interim Policy Forensic Genealogical DNA Analysis and Searching (https://www.justice.gov/olp/page/file/1204386/ download), and must collect and report the metrics identified in Section IX of that document to BJA.

Condition 46
Establishment of trust fund
If award funds are being drawn down in advance, the recipient (or a subrecipient, with respect to a subaward) is required to establish a trust fund account. Recipients (and subrecipients) must maintain advance payments of federal awards in interest-bearing accounts, unless regulatory exclusions apply (2 C.F.R. 200.305(b)(11)). The trust fund, including any interest, may not be used to pay debts or expenses incurred by other activities beyond the scope of the Edward Byrne Memorial Justice Assistance Grant (JAG) Program. The recipient also agrees to obligate the award funds in the trust fund (including any interest earned) during the period of performance for the award and expend within 90 days thereafter. Any unobligated or unexpended funds, including interest earned, must be returned to OJP at the time of closeout.

Condition 47
As of the first day of the period of performance for the award, the recipient may choose to incur project costs using non-federal funds, but any such project costs are incurred at the recipient's risk until, at a minimum-- (1) the recipient makes a valid acceptance of the award, and (2) all applicable withholding conditions are removed by OJP (via an Award Condition Modification (ACM)). (A withholding condition is a condition in the award document that precludes the recipient from expending or drawing down all or a portion of the award funds until the condition is removed.) Except to the extent (if any) that an award condition expressly precludes reimbursement of project costs incurred "atrisk," if and when the recipient makes a valid acceptance of this award and OJP removes each applicable withholding Page: 17 of 24
MONTCLAIR CITY COUNCIL MEETING – 10/05/2026 Page 57 of 234 condition through an Award Condition Modification (ACM), the recipient is authorized to obligate (federal) award funds to reimburse itself for project costs incurred "at-risk" earlier during the period of performance (such as project costs incurred prior to award acceptance or prior to removal of an applicable withholding condition), provided that those project costs otherwise are allowable costs under the award.

Condition 48
Submission of eligible records relevant to the National Instant Background Check System Consonant with federal statutes that pertain to firearms and background checks -- including 18 U.S.C. 922 and 34 U.S.C. ch. 409 -- if the recipient (or any subrecipient at any tier) uses this award to fund (in whole or in part) a specific project or program (such as a law enforcement, prosecution, or court program) that results in any court dispositions, information, or other records that are "eligible records" (under federal or State law) relevant to the National Instant Background Check System (NICS), or that has as one of its purposes the establishment or improvement of records systems that contain any court dispositions, information, or other records that are "eligible records" (under federal or State law) relevant to the NICS, the recipient (or subrecipient, if applicable) must ensure that all such court dispositions, information, or other records that are "eligible records" (under federal or State law) relevant to the NICS are promptly made available to the NICS or to the "State" repository/database that is electronically available to (and accessed by) the NICS, and -- when appropriate -- promptly must update, correct, modify, or remove such NICSrelevant "eligible records".

In the event of minor and transitory non-compliance, the recipient may submit evidence to demonstrate diligent monitoring of compliance with this condition (including subrecipient compliance). DOJ will give great weight to any such evidence in any express written determination regarding this condition.

Condition 49
Compliance with trauma kit standards
If the recipient uses funds under this award to purchase trauma kits or trauma kit components, the recipient must ensure that the trauma kits purchased meet the performance standards established consistent with 34 U.S.C. § 10202(d), as such standards are in effect at the time of purchase.

Condition 50
Initial period of performance; requests for extension.

The recipient understands that for award amounts of less than $25,000 under JAG, the initial period of performance of the award will be less than four years. The recipient further understands that any requests for an extension of the period of performance for an award of less than $25,000 will be approved automatically for up to a total period of performance of four years, pursuant to 34 U.S.C. 10152(f) and in accordance with the Notice of Funding Opportunity (NOFO) associated with this award.

Any request for an extension of the period of performance beyond a four-year award period will require approval, and the approval (if any) will be at the discretion of OJP.

Condition 51
Noninterference (with award funds and within the funded "program or activity") with federal law enforcement: No public disclosure of certain law-enforcement-sensitive information SCOPE. This condition applies throughout the entire award period of performance. Its provisions must be among those included in any subaward (at any tier).

1. No use of funds to interfere: No public disclosure of federal law-enforcement information in order to conceal, harbor, or shield.

Consistent with the purposes and objectives of federal law enforcement statutes and federal criminal law (including 8 U.S.C. 1324 and 18 U.S.C. chs. 1, 49, 227), no State or local government entity, agency, or official (including a government-contracted correctional facility) may use funds under this award to make any public disclosure of any federal law-enforcement information in a direct or indirect attempt to conceal, harbor, or shield from detection any fugitive from justice under 18 U.S.C. ch. 49, or any alien who has come to, entered, or remains in the United States in violation of 8 U.S.C. ch. 12—without regard to whether such disclosure would constitute (or could form a predicate for) a violation of 18 U.S.C. 1071 or 1072 or of 8 U.S.C. 1324(a).

2. Noninterference: No public disclosure of federal law-enforcement information in order to conceal, harbor, or shield Page: 18 of 24
MONTCLAIR CITY COUNCIL MEETING – 10/05/2026 Page 58 of 234 within the funded “program or activity.”
With respect to the "program or activity" funded in whole or part under this award (including any such program or activity of any subrecipient at any tier), and consistent with federal law as cited in para. 1 of this condition, no State or local government entity, agency, or official (including a government-contracted correctional facility) within the funded program or activity may make any public disclosure of any federal law-enforcement information in a direct or indirect attempt to conceal, harbor, or shield from detection any fugitive from justice under 18 U.S.C. ch. 49, or any alien who has come to, entered, or remains in the United States in violation of 8 U.S.C. ch. 12—without regard to whether such disclosure would constitute (or could form a predicate for) a violation of 18 U.S.C. 1071 or 1072 or of 8 U.S.C. 1324(a).

3. Monitoring. The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition.

4. Allowable costs. To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) of actions (e.g., training) designed to ensure compliance with this condition.

5. Rules of construction.

A. For purposes of this condition—
(1) the term "alien" means what it means under section 101 of the Immigration and Nationality Act (see 8 U.S.C. 1101(a)(3));
(2) the term "federal law-enforcement information" means law-enforcement-sensitive information communicated or made available, by the federal government, to a State or local government entity, agency, or official, through any means, including, without limitation—
(a) through any database,
(b) in connection with any law enforcement partnership or task-force, (c) in connection with any request for law enforcement assistance or -cooperation, or (d) through any deconfliction (or courtesy) notice of planned, imminent, commencing, continuing, or impending federal law enforcement activity;
(3) the term "law-enforcement-sensitive information" means records or information compiled for any law-enforcement purpose; and
(4) the term "public disclosure" means any communication or release other than one— (a) within the recipient, or
(b) to any subrecipient (at any tier) that is a government entity.

B. This condition shall be enforceable to the extent that it does not otherwise contravene any express requirement of any federal law, or of any judicial ruling, governing or applicable to the award.

C. The "Rules of Construction" set out in the "Noninterference (with award funds and within the funded "program or activity") with federal law enforcement: information-communication restrictions; ongoing compliance" award condition are incorporated by reference as though set forth here in full.

Condition 52
Noninterference (with award funds and within the funded "program or activity") with federal law enforcement:
information-communication restrictions
SCOPE. This condition applies throughout the entire award period of performance. Its provisions must be among those included in any subaward (at any tier).

1. Throughout the entire award period of performance, no State or local government entity, -agency, or -official may use funds under this award (including under any subaward, at any tier) to prohibit or in any way restrict— (1) any government entity or -official from sending or receiving information regarding citizenship or immigration status to or from DHS; or
(2) a government entity or agency from sending, requesting or receiving, or exchanging information regarding immigration status to, from, or with DHS, or from maintaining such information.

Any prohibition (or restriction) that violates this condition is an "information-communication restriction" under this award.

2. With respect to the "program or activity" funded in whole or part under this award (including any such program or activity of any subrecipient at any tier), throughout the entire award period of performance, no State or local government entity, agency, or official may implement an “information-communication restriction.”

3. The recipient's monitoring responsibilities include monitoring of subrecipient compliance with the requirements of this condition.

4. Allowable costs. Compliance with these requirements is an authorized and priority purpose of this award. To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) that the recipient, or any subrecipient at any tier that is a State or local government incurs to implement this condition.

5. Rules of Construction.

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MONTCLAIR CITY COUNCIL MEETING – 10/05/2026 Page 59 of 234 A. For purposes of this condition:
(1) "State" and "local government" include any agency or other entity thereof, but not any public institution of higher education or Indian tribe.
(2) "Program or activity" means what it means under title VI of the Civil Rights Act of 1964 (see 42 U.S.C. 2000d-4a). (3) "Immigration status" means what it means under 8 U.S.C. 1373 and 8 U.S.C. 1644; and terms that are defined in 8 U.S.C. 1101 mean what they mean under that section 1101, except that "State" also includes American Samoa. (4) “DHS” means the U.S. Department of Homeland Security.

B. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, any State or local government, or any other entity (or individual) to violate any federal law, including any applicable civil rights or nondiscrimination law.

C. This condition shall be enforceable to the extent that it does not otherwise contravene any express requirement of any federal law, or of any judicial ruling, governing or applicable to the award.

Condition 53
Noninterference (with award funds and within the funded "program or activity") with federal law enforcement: Notice of scheduled release
SCOPE. This condition applies throughout the entire award period of performance. Its provisions must be among those included in any subaward at any tier.

1. No use of funds to interfere with "removal" process: Notice of scheduled release date and time.

Consonant with federal law enforcement statutes—including 8 U.S.C. 1231 (for an alien incarcerated by a State or local government, a 90-day "removal period" during which the federal government "shall" detain and then "shall" remove an alien from the U.S. "begins" no later than "the date the alien is released from ... confinement"; also, the federal government is expressly authorized to make payments to a "State or a political subdivision of the State ... with respect to the incarceration of [an] undocumented criminal alien"); 8 U.S.C. 1226 (the federal government "shall take into custody" certain criminal aliens "when the alien is released"); and 8 U.S.C. 1366 (requiring an annual report to Congress on "the number of illegal alien[ felons] in Federal and State prisons" and programs underway "to ensure the prompt removal" from the U.S. of removable "criminal aliens")—no State or local government entity, agency, or official (including a government-contracted correctional facility) may use funds under this award to interfere with the "removal" process by failing to provide (as early as practicable (see para. 5.B. below)) advance notice to DHS of the scheduled release date and time for a particular alien, if a State or local government (or government-contracted) correctional facility receives from DHS a formal written request pursuant to the INA that seeks such advance notice.

2. Noninterference with "removal" process: Notice of scheduled release date and time within the funded “program or activity.”
With respect to the "program or activity" funded in whole or part under this award (including any such program or activity of any subrecipient at any tier), and consonant with federal law enforcement statutes as cited in para. 1 of this condition, no State or local government entity, agency, or official (including a government-contracted correctional facility) within the funded program or activity may interfere with the "removal" process by failing to provide (as early as practicable (see para. 4.B. below)) advance notice to DHS of the scheduled release date and time for a particular alien, if a State or local government (or government-contracted) correctional facility receives from DHS a formal written request pursuant to the INA that seeks such advance notice.

3. Monitoring. The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition.

5. Rules of construction
A. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, any State or local government, or any other entity or individual to maintain (or detain) any individual in custody beyond the date and time the individual otherwise would have been released.

B. Applicability.
(1) Current DHS practice is ordinarily to request advance notice of scheduled release "as early as practicable (at least 48 hours, if possible)." (See DHS Form I-247A (3/17)). If (e.g., in light of the date DHS made such request) the scheduled release date and time for an alien are such as not to allow for the advance notice that DHS has requested, it shall NOT be a violation of this condition to provide only as much advance notice as, in fact, practicable. (2) Current DHS practice is to use the same form for a second, distinct purpose—to request that an individual be detained for up to 48 hours AFTER the scheduled release. This condition does NOT encompass such DHS requests for detention.

C. This condition shall be enforceable to the extent that it does not otherwise contravene any express requirement of any federal law, or of any judicial ruling, governing or applicable to the award.

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MONTCLAIR CITY COUNCIL MEETING – 10/05/2026 Page 60 of 234 D. The "Rules of Construction" set out in the "Noninterference (with award funds and within the funded "program or activity") with federal law enforcement: Interrogation of certain aliens" award condition are incorporated by reference as though set forth here in full.

Condition 54
Noninterference (with award funds and within the funded "program or activity") with federal law enforcement:

Interrogation of certain aliens
SCOPE. This condition applies throughout the entire award period of performance. Its provisions must be among those included in any subaward (at any tier).

1. No use of funds to interfere with statutory law enforcement access to correctional facilities.

Consonant with federal law enforcement statutes and regulations—including 8 U.S.C. 1357(a) (under which certain federal officers and employees "have power without warrant ... to interrogate any alien or person believed to be an alien as to his right to be or to remain” in the United States), and 8 C.F.R. 287.5(a) (under which that power may be exercised "anywhere in or outside” the United States)—no State or local government entity, agency, or official within the funded program or activity may use funds under this award to interfere with the exercise of that power to interrogate "without warrant" (by agents of the United States acting under color of federal law) by impeding access to any State or local government (or government-contracted) correctional facility by such agents for the purpose of "interrogat[ing] any alien or person believed to be an alien as to his [or her] right to be or to remain in the United States."

2. Noninterference with statutory law enforcement access to correctional facilities within the funded “program or activity.”
With respect to the "program or activity" funded in whole or part under this award (including any such program or activity of any subrecipient at any tier), and consonant with federal law enforcement statutes and regulations as cited in para. 1 of this condition, no State or local government entity, agency, or official within the funded program or activity may interfere with the exercise of that power to interrogate "without warrant" (by agents of the United States acting under color of federal law) by impeding access to any State or local government (or government-contracted) correctional facility by such agents for the purpose of "interrogat[ing] any alien or person believed to be an alien as to his [or her] right to be or to remain in the United States."

3. Monitoring. The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition.

5. Rules of construction
A. For purposes of this condition:
(1) The term "alien" means what it means under sec. 101 of the Immigration and Nationality Act (INA) (8 U.S.C. 1101(a)(3)), except that, with respect to a juvenile offender, it means “criminal alien.” (2) The term “juvenile offender” means what it means under 28 C.F.R. 31.304(f) (as in effect on Jan. 1, 2026.) (3) The term "criminal alien" means, with respect to a juvenile offender, an alien who is deportable on the basis of— (a) conviction described in 8 U.S.C. 1227(a)(2), or
(b) conduct described in 8 U.S.C. 1227(a)(4).
(4) The term "conviction" means what it means under 8 U.S.C. 1101(a)(48). (Adjudication of a juvenile as having committed an offense does not constitute "conviction" for purposes of this condition.) (5) The term "correctional facility" means what it means under 34 U.S.C. 10251(a)(7)) as of Jan. 1, 2026. (6) The term "impede" includes taking or continuing any action, or implementing or maintaining any law, policy, rule, or practice, that—
(a) is designed to prevent or to significantly delay or complicate, or (b) has the effect of preventing or of significantly delaying or complicating. (7) "State" and "local government" include any agency or other entity thereof, but not any public institution of higher education or Indian tribe.
(8) "Program or activity" means what it means under title VI of the Civil Rights Act of 1964 (see 42 U.S.C. 2000d-4a).

C. This condition shall be enforceable to the extent that it does not otherwise contravene any express requirement of any federal law, or of any judicial ruling, governing or applicable to the award.

Condition 55
Page: 21 of 24
MONTCLAIR CITY COUNCIL MEETING – 10/05/2026 Page 61 of 234 The recipient understands and agrees that no award funds may be used for any expenses related to public awareness campaigns for an extreme risk protection program.

Condition 56
Extreme risk protection order (ERPO) programs funded under this award must include, at a minimum: pre-deprivation and post-deprivation due process rights that prevent any violation or infringement of the Constitution of the United States, including but not limited to the Bill of Rights, and the substantive or procedural due process rights guaranteed under the Fifth and Fourteenth Amendments to the Constitution of the United States, as applied to the States, and as interpreted by State courts and United States courts (including the Supreme Court of the United States). Such programs must include, at the appropriate phase to prevent any violation of constitutional rights, at minimum, notice, the right to an in-person hearing, an unbiased adjudicator, the right to know opposing evidence, the right to present evidence, and the right to confront adverse witnesses; the right to be represented by counsel at no expense to the government; pre-deprivation and post-deprivation heightened evidentiary standards and proof which mean not less than the protections afforded to a similarly situated litigant in Federal court or promulgated by the State's evidentiary body, and sufficient to ensure the full protections of the Constitution of the United States, including but not limited to the Bill of Rights, and the substantive and procedural due process rights guaranteed under the Fifth and Fourteenth Amendments to the Constitution of the United States, as applied to the States, and as interpreted by State courts and United States courts (including the Supreme Court of the United States). The heightened evidentiary standards and proof under such programs must, at all appropriate phases to prevent any violation of any constitutional right, at minimum, prevent reliance upon evidence that is unsworn or unaffirmed, irrelevant, based on inadmissible hearsay, unreliable, vague, speculative, and lacking a foundation; and penalties for abuse of the program.

Recipients who plan to use funding to support ERPO programs must submit a Certification Relating to Pub. L. No. 90-351, Title I, Sec. 501(a)(1)(I)(iv), signed by the principal legal officer, certifying that the ERPO program to be funded satisfies each of the listed requirements prior to the use of award funds for ERPO programs. Funds proposed for ERPO programs may be withheld, pending confirmation of compliance with the terms of this award.

Condition 57
No funds may be used for C-UAS except with express prior approval from BJA. To request such approval, the recipient (or subrecipient, at any tier) must submit to BJA a written certification that, among other things, certifies that any CUAS purchased with award funds will only be procured and used in compliance with all applicable federal, state, and local laws and regulations, including criminal, surveillance, aviation, and communications laws. Any C-UAS purchased with award funds will be included on the list of technologies established by subsection (d)(2)(A)(iii) section 210G of the Homeland Security Act of 2002 (6 U.S.C. 124n(d)(2)(A)(iii)) to exercise the authority granted under subsection (a)(2) of such section. The certification also requires that the award recipient consult qualified legal counsel to review the proposed purchase and operation of C-UAS, and that the recipient will complete required trainings and obtain all required approvals, certifications, licenses, and authorizations prior to deployment, and will coordinate with relevant authorities as required. The recipient (or subrecipient) also must assure BJA that it has sufficient policies and procedures regarding privacy, civil liberties, and information technology cybersecurity related to the operation of the CUAS. Finally, the recipient (or subrecipient) may be required to provide additional documentation to verify purchase and the related policies for the C-UAS. Funds proposed for the purchase of C-UAS may be withheld, pending confirmation of compliance with the terms of this award. Additional information and the required certification form may be found here: https://bja.ojp.gov/funding/uas.

Condition 58
Expenditures prohibited without waiver
No funds under this award may be expended on the purchase of items prohibited by the JAG program statute, unless, as set forth at 34 U.S.C. 10152, the BJA Director certifies that extraordinary and exigent circumstances exist, making such expenditures essential to the maintenance of public safety and good order. Funds proposed for the purchase of prohibited items may be withheld, pending confirmation of compliance with the terms of this award.

Condition 59
No funds may be used for UAS except with express prior approval from BJA. To request such approval, the recipient (or subrecipient, at any tier) must submit to BJA a written certification that, among other things, certifies that only UAS verified by the Defense Contract Monitoring Agency's “Blue UAS Cleared List” or any successor list (available at https:/ /bluelist.appsplatformportals.us/) as not manufactured by a “covered foreign entity” may be purchased or operated under the federal award and, further, that no modifications or additional accessories may be introduced to the UAS Page: 22 of 24
MONTCLAIR CITY COUNCIL MEETING – 10/05/2026 Page 62 of 234 funded by the award. The purchased UAS may not be used to process, store, or transmit Federal information. The recipient (or subrecipient) also must assure BJA that it has sufficient policies and procedures regarding privacy, civil liberties, and information technology cybersecurity related to the operation of the UAS. Finally, the recipient (or subrecipient) may be required to provide additional documentation to verify purchase and the related policies for the UAS. Funds proposed for the purchase of UAS may be withheld, pending confirmation of compliance with the terms of this award. Additional information and the required certification form may be found here: https://bja.ojp.gov/funding/uas.

Condition 60
In accepting this award, the recipient agrees not to use award funds for purchases of body-worn cameras (BWCs) or related expenses for any agency unless that agency has submitted a certification to BJA that it has policies and procedures in place that reinforce appropriate agency Use of Force policies and training and address technology usage, evidence acquisition, data storage and retention, as well as privacy issues, accountability and discipline. The recipient must keep signed certifications on file for any subrecipients planning to utilize funds from this award for BWCs or related expenses. Funds proposed for the purchase of BWCs or related expenses may be withheld, pending confirmation of compliance with the terms of this award.

Condition 61
Certification of body armor "mandatory wear" policies, and compliance with NIJ standards If the recipient uses funds under this award to purchase body armor, the recipient must submit a signed certification that each law enforcement agency receiving body armor purchased with funds from this award has a written "mandatory wear" policy in effect. The recipient must keep signed certifications on file for any subrecipients planning to utilize funds from this award for ballistic-resistant and stab-resistant body armor purchases. This policy must be in place for at least all uniformed officers before any funds from this award may be used by an agency for body armor.

There are no requirements regarding the nature of the policy other than it be a mandatory wear policy for all uniformed officers while on duty. Funds proposed for the purchase of body armor may be withheld, pending confirmation of compliance with the terms of this award.

Ballistic-resistant and stab-resistant body armor purchased with award funds may be purchased at any threat level, make or model, from any distributor or manufacturer, as long as the body armor has been tested and found to comply with applicable National Institute of Justice (NIJ) ballistic or stab standards, and is listed on the NIJ Compliant Body Armor Model List. In addition, ballistic-resistant and stab-resistant body armor purchased must be uniquely fitted, as set forth in 34 U.S.C. 10202(c)(1)(A). The latest NIJ standard information and the NIJ Compliant Body Armor List may be found by following the links located on the NIJ Body Armor page: https://nij.ojp.gov/topics/equipment-andtechnology/body-armor Condition 62
Withholding of funds for Required certification from the chief executive of the applicant government The recipient may not expend or draw down any award funds until the recipient submits the required "Certifications and Assurances by the Chief Executive of the Applicant Government," properly-executed (as determined by OJP), and an Award Condition Modification (ACM) has been issued to remove this condition. [X] I have read and understand the information presented in this section of the Federal Award Instrument.

Award Acceptance
Declaration and Certification to the U.S. Department of Justice as to Acceptance By checking the declaration and certification box below, I-- A. Declare to the U.S. Department of Justice (DOJ), under penalty of perjury, that I have authority to make this declaration and certification on behalf of the applicant.

Page: 23 of 24
MONTCLAIR CITY COUNCIL MEETING – 10/05/2026 Page 63 of 234 B. Certify to DOJ, under penalty of perjury, on behalf of myself and the applicant, to the best of my knowledge and belief, that the following are true as of the date of this award acceptance: (1) I have conducted or there was conducted (including by applicant’s legal counsel as appropriate and made available to me) a diligent review of all terms and conditions of, and all supporting materials submitted in connection with, this award, including any assurances and certifications (including anything submitted in connection therewith by a person on behalf of the applicant before, after, or at the time of the application submission and any materials that accompany this acceptance and certification); and (2) I have the legal authority to accept this award on behalf of the applicant.

C. Accept this award on behalf of the applicant.

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

Agency Approval
Title of Approving Official
Deputy Assistant Attorney General
Name of Approving Official
Maureen A. Henneberg
Signed Date And Time
7/27/26 3:08 PM
Authorized Representative
[X] Declaration and Certification
Entity Acceptance
Title of Authorized Entity Official
City Manager
Name of Authorized Entity Official
Edward Starr
Signed Date And Time
8/28/2026 4:54 PM
Page: 24 of 24
MONTCLAIR CITY COUNCIL MEETING – 10/05/2026 Page 64 of 234

___
_ _
U.S. DEPARTMENT OF JUSTICE

OFFICE OF JUSTICE PROGRAMS
Edward Byrne Memorial Justice Assistance Grant Program FY 2025 Local Solicitation Certifications and Assurances by the Chief Executive of the Applicant Government On behalf of the applicant unit of local government named below, in support of that locality’s application for an award under the FY 2025 Edward Byrne Memorial Justice Assistance Grant (“JAG”) Program, and further to 34 U.S.C. § 10153(a), I certify to the Office of Justice Programs (“OJP”), U.S. Department of Justice (“USDOJ”), that all of the following are true and correct:

1. I am the chief executive of the applicant unit of local government named below, and I have the authority to make the following representations on my own behalf as chief executive and on behalf of the applicant unit of local government. I understand that these representations will be relied upon as material in any OJP decision to make an award, under the application described above, to the applicant unit of local government.

2. I certify that no federal funds made available by the award (if any) that OJP makes based on the application described above will be used to supplant local funds but will be used to increase the amounts of such funds that would, in the absence of federal funds, be made available for law enforcement activities.

3. I assure that the application described above (and any amendment to that application) was submitted for review to the governing body of the unit of local government (e.g., city council or county commission), or to an organization designated by that governing body, not less than 30 days before the date of this certification.

4. I assure that, before the date of this certification— (a) the application described above (and any amendment to that application) was made public; and (b) an opportunity to comment on that application (or amendment) was provided to citizens and to neighborhood or community-based organizations, to the extent applicable law or established procedure made such an opportunity available.

5. I assure that, for each fiscal year of the award (if any) that OJP makes based on the application described above, the applicant unit of local government will maintain and report such data, records, and information (programmatic and financial), as OJP may reasonably require.

6. I have carefully reviewed 34 U.S.C. § 10153(a)(5), and, with respect to the programs to be funded by the award (if any), I hereby make the certification required by section 10153(a)(5), as to each of the items specified therein.

7. If the applicant named below is not the unit of local government itself, I certify that it is an instrumentality of the unit of local government and is approved to serve as the applicant and recipient of FY 2025 JAG funding on behalf of the unit of local government.
_
Signature of Chief Executive of the Applicant Unit of Date of Certification Local Government
_
Printed Name of Chief Executive Title of Chief Executive _
Name of Applicant Unit of Local Government
Rev. March 2026
Javier "John" Dutrey Mayor
City of Montclair
MONTCLAIR CITY COUNCIL MEETING – 10/05/2026 Page 65 of 234

CITY COUNCIL

AGENDA REPORT
DATE: OCTOBER 5, 2026
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 11
FILE I.D.: MCF100
DEPT.: HUMAN SVCS./MCF
PREPARER: A. COLUNGA
SUBJECT: CONSIDER APPROVING THE PURCHASE OF WHOLE TURKEYS AND ASSORTED ITEMS

FOR THE MONTCLAIR HOLIDAY FOOD AND TOY BASKET PROGRAM
REASON FOR CONSIDERATION: The Montclair Community Foundation (MCF) Board of Directors is requested to consider approving the use of funds donated to MCF to purchase whole turkeys and assorted items for the Holiday Food and Toy Basket Program.

BACKGROUND: The Montclair City Council also serves in its capacity 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.

For 41 years, the City has coordinated the Holiday Food and Toy Basket Program to serve families in Montclair who have low-income with a basket of food to prepare a holiday meal and toys for children. Since 2015, MCF has partnered with the City to provide turkeys and assorted food items that are given to each of the qualified food basket recipients. Funded entirely through the generous food, toy, and monetary donations to MCF from businesses, organizations and individuals throughout the community, the Holiday Food and Toy Basket Program was able to supply over 550 disadvantaged Montclair children, their family members, and senior citizens with a holiday meal last year.

To ensure those in need in our community receive the provisions they need during the holiday season, staff recommends the purchase of whole turkeys and assorted food items to provide each Holiday Food and Toy Basket recipient with ingredients for a complete holiday meal. The costs of the program will be paid for with donations to MCF.

Staff recommends using $25,000 of funds donated to MCF to purchase whole turkeys, and assorted food and toys for the Holiday Food & Toy Basket Program.

FISCAL IMPACT: Should the MCF Board approve the purchase of turkeys and assorted items, the City will make the purchase for the Holiday Food and Toy Basket Program, and MCF will reimburse the City through funds donated.

RECOMMENDATION: Staff recommends the Montclair Community Foundation Board of Directors approve the purchase of whole turkeys and assorted items for the Holiday Food and Toy Basket Program.

MONTCLAIR CITY COUNCIL MEETING – 10/05/2026 Page 66 of 234

CITY COUNCIL

AGENDA REPORT
DATE: OCTOBER 5, 2026
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 1
FILE I.D.: PDT175
DEPT.: POLICE
PREPARER: B. KUMANSKI
SUBJECT: CONSIDER APPROVAL OF AGREEMENT NO. 26–63 WITH PRECISION SURVEY SUPPLY FOR THE FOUR–YEAR LEASE OF A LEICA LASER SCANNER AND ASSOCIATED

SOFTWARE, TRAINING, AND MAINTENANCE
REASON FOR CONSIDERATION: The City Council is requested to consider approval of Agreement No. 26–63 with Precision Survey Supply for the four–year lease of a Leica laser scanner and associated software, training, and maintenance.

A copy of proposed Agreement No. 26–63 is attached for the City Council’s review and consideration.

BACKGROUND: The Police Department’s Major Accident Investigation Team (MAIT) responds to significant incident collisions, including fatalities and other crime scenes.

A component of these responses is to thoroughly document the scene by means of a laser scanner to record the scene in three dimensions with accurate representation of distances and elevation of various scene elements, including all roadways, buildings, foliage, vehicles, and other evidence. The Department’s current Leica laser scanner and associated scene software, which was purchased in 2018, has reached the end of its support life and is no longer serviceable. As the Department already uses a Leica product, all of the Department’s existing recorded scenes are in this format. Replacing it with a compatible system ensures continuity in operation, training, and evidence documentation along with maintenance procedures.

Replacement options have increased in price since the last purchase in 2018. As a result, Precision Survey Supply, the only vendor available to purchase Leica scanners in the western United States, offers both purchase and lease options. The lease option is facilitated by Precision Survey Supply as the approved vendor for Leica products, and is financed through Great America. The proposed Finance Agreement was reviewed by staff and found to be a preferable option as not only are the yearly payments more manageable, but all of the ancillary add–ons, such as software licensing updates, repairs, and annual service and training, are included with the lease option. Many of these existing annual costs would be rolled into the proposed Agreement.

FISCAL IMPACT: The cost of proposed Agreement No. 26–63 with Precision Survey Supply for the four–year lease of a Leica laser scanner and associated software, training, and maintenance would be $91,958.96, which includes $90,627.60 plus the lease fee of

0.929 percent, or $1,331.36. The cost for Fiscal Year 2026–27 would be $22,989.74.

This would be a recurring cost through Fiscal Year 2029–30. Included in the Police Department’s Fiscal Year 2026–27 Budget in Investigations Special Contract Services is $25,000 from the General Fund.

RECOMMENDATION: Staff recommends the City Council approve Agreement No. 26–63 with Precision Survey Supply for the four–year lease of Leica laser scanner and associated software, training, and maintenance.

MONTCLAIR CITY COUNCIL MEETING – 10/05/2026 Page 67 of 234 DocTypeAgreement OnBaseOriginal
030312-VG02MAV(LP)_0426-DOCU 08/24/26 PAGE 1 OF 2

AGREEMENT
GREATAMERICA BANK N.A.

PAYMENT ADDRESS:

PO BOX 660831, DALLAS TX 75266-0831
AGREEMENT NO.: SAMPLE

CUSTOMER
FULL LEGAL NAME: Tucson, City of DBA Tucson Police Department FEDERAL TAX ID #: ADDRESS: 255 W Alameda St Tucson, AZ 85701-1303 A/P CONTACT NAME: APCot A/P CONTACT EMAIL: APEml A/P CONTACT PHONE: APPhe

VENDOR (VENDOR IS NOT OUR AGENT AND IS NOT AUTHORIZED BY US TO ACT ON OUR BEHALF OR TO WAIVE OR ALTER ANY PROVISION OF THIS AGREEMENT) Precision Survey Supply Rancho Cucamonga, CA

EQUIPMENT AND PAYMENT TERMS

TYPE, MAKE, MODEL NUMBER, SERIAL NUMBER, AND INCLUDED ACCESSORIES SEE ATTACHED SCHEDULE

SAMPLE SAMPLE

EQUIPMENT LOCATION: SAMPLE (*PLUS TAX)
TERM IN MONTHS: 48 PURCHASE OPTION*: 10% of Equipment Cost ONE PAYMENT OF*: DUE 30 DAYS AFTER THE COMMENCEMENT DATE; FOLLOWED BY THREE ANNUAL PAYMENTS OF*: DUE ON THE RESPECTIVE FIRST, SECOND, AND THIRD ANNIVERSARY OF THE FIRST PAYMENT DUE DATE; AFTER WHICH, SO LONG AS YOU ARE NOT IN DEFAULT, YOU WILL HAVE THE OPTION TO PURCHASE THE

EQUIPMENT FOR THE PURCHASE OPTION PRICE PRIOR TO THE END DATE (AS SUCH TERM IS DEFINED HEREIN)

TERMS AND CONDITIONS
CONTRACT. THIS AGREEMENT IS IRREVOCABLE AND NON-CANCELABLE FOR THE ENTIRE AGREEMENT TERM. IT CANNOT BE TERMINATED. PLEASE READ CAREFULLY BEFORE SIGNING.

THIS AGREEMENT AND ANY CLAIM RELATED TO THIS AGREEMENT SHALL BE GOVERNED BY THE LAWS OF THE STATE OF IOWA. ANY DISPUTE WILL BE ADJUDICATED IN A FEDERAL OR STATE COURT IN LINN COUNTY, IOWA. YOU HEREBY CONSENT TO PERSONAL JURISDICTION AND VENUE IN SUCH COURTS AND WAIVE TRANSFER OF VENUE. EACH PARTY WAIVES ANY RIGHT TO A JURY TRIAL.

NET AGREEMENT. YOU UNDERSTAND WE ARE PAYING FOR THE EQUIPMENT BASED ON YOUR UNCONDITIONAL ACCEPTANCE OF IT AND YOUR PROMISE TO PAY US UNDER THE TERMS OF THIS AGREEMENT, WITHOUT SET-OFFS FOR ANY REASON, EVEN IF THE EQUIPMENT DOES NOT WORK OR IS DAMAGED, EVEN IF IT IS NOT YOUR FAULT.

NO WARRANTY. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU HAVE ACCEPTED - CE PROVIDER(S) BASED ON YOUR JUDGMENT. YOU MAY CONTACT YOUR VENDOR FOR A STATEMENT OF THE WARRANTIES, IF ANY, THAT THE MANUFACTURER OR VENDOR IS PROVIDING. WE ASSIGN TO YOU ANY WARRANTIES GIVEN TO US.

APPLICABLE TO GOVERNMENTAL ENTITIES ONLY
You hereby represent and warrant to us that as of the date of the Agreement: (a) the individual who executed the Agreement had full power and authority to execute the Agreement on your behalf; (b) all required procedures necessary to make the Agreement a legal and binding obligation against you have been followed; (c) the Equipment will be operated and controlled by you and will be used for essential government purposes for the entire term of the Agreement; (d) that all payments due and payable for the current fiscal year are within the current budget and are within an available, unexhausted, and unencumbered appropriation; (e) you intend to pay all amounts payable under the terms of the Agreement when due, if funds are legally available to do so; (f) your obligations to remit amounts under the Agreement constitute a current expense and not a debt under applicable state law; (g) no provision of the Agreement constitutes a pledge of your tax or general revenues; and (h) you will comply with any applicable information reporting requirements of the tax code, which may include 8038-G or 8038-GC Information Returns. If funds are not appropriated to pay amounts due under the Agreement for any future fiscal period, you shall have the right to return the Equipment and terminate the Agreement on the last day of the fiscal period for which funds were available, without penalty or additional expense to you (other than the expense of returning the Equipment to the location designated by us), provided that at least thirty (30) days prior to the start of the fiscal period for which funds were not appropriated, your Chief Executive Officer (or Legal Counsel) delivers to us a certificate (or opinion) certifying that (a) you are a state or a fully constituted political subdivision or agency of the state in which you are located; (b) funds h ave not been appropriated for the applicable fiscal period to pay amounts due under the Agreement; (c) such non-appropriation did not result from any act or failure to act by you; and (d) you have exhausted all funds legally available for the payment of amounts due under the Agreement. You agree that this paragraph shall only apply if, and to the extent that, state law precludes you from entering into the Agreement if the Agreement constitutes a multi-year unconditional payment obligation.

BY SIGNING THIS PAGE, YOU REPRESENT TO US THAT YOU HAVE RECEIVED AND READ THE ADDITIONAL TERMS AND CONDITIONS APPEARING ON THE SECOND PAGE OF THIS TWO-PAGE AGREEMENT. THIS AGREEMENT IS BINDING WHEN WE EXECUTE THIS AGREEMENT AND PAY FOR THE EQUIPMENT. (As Stated Above) X LesseeSignature LesseeName LesseeTitle LesseeDate

CUSTOMER SIGNATURE PRINT NAME & TITLE DATE
OWNER
GreatAmerica Bank
National Association X GASignature GAName GATitle GADate

OWNER SIGNATURE PRINT NAME & TITLE DATE
City of Montclair
5111 Benito St. Montclair CA 91763
95-6005731
See attached Lease agreemen 33147.

City of Montclair, Montclair PD 4870 Arrow Hwy, Montclair CA 91763 MONTCLAIR CITY COUNCIL MEETING – 10/05/2026 Page 68 of 234 030312-VG02MAV(LP)_0426-DOCU 08/24/26 PAGE 2 OF 2

ADDITIONAL TERMS AND CONDITIONS
AGREEMENT. dor included on the invoice to us for the Equipment for related installation, training, and/or implementation costs, and you unconditionally agree to pay us the amounts payable unde We may charge you a one-time origination fee of $299.00. If we do not receive by the due date, at the remittance address indicated on your invoice, any amount payable to us, you will pay a late charge equal to: 1) the greater of ten (10) cents for each dollar overdue or thirty-nine dollars ($39.00); or 2) the highest lawful charge, if less. EQUIPMENT USE. You will keep the Equipment in good working order, use it for business purposes only, not modify or move it from its initial location without our consent, and bear the risk of its noncompliance with applicable laws. You agree that you will not take the Equipment out of service and have a third party pay (or provide funds to pay) the amounts due hereunder. You must resolve any dispute you may have concerning the Equipment with the manufacturer or Vendor. You will comply with all laws, ordinances, regulations, requirements and rules relating to the use and operation of the Equipment. VENDOR SERVICES. Payments under this Agreement may include amounts you owe your Vendor under a separate arrangement (for maintenance, service, supplies, etc.), which amounts may be ch arrangement or to address any disputes arising thereunder. SOFTWARE/DATA. ipment. We do not own the software and cannot transfer any interest in it to you. We are not responsible for the software or the obligations of you or the licensor under any license agreement. You are solely responsible for protecting and removing any confidential data/images stored on the Equipment prior to its return for any reason. ASSIGNMENT. You may not sell, assign or sublease the Equipment or this Agreement without our written consent. We may sell or assign this Agreement or our rights in the Equipment, in whole or in part, to a third party without notice to you. You agree that if we do so, the assignee will have our rights but will not be subject to any claim, defense, or set-off assertable against us or anyone else. LOSS OR DAMAGE. You are responsible for any damage to or loss of the Equipment. No such loss or damage will relieve you from your payment obligations hereunder. We are not responsible for, and you will indemnify us against, any claims, losses or damages, including attorney fees, in any way relating to the Equipment or data stored on it. This indemnity will survive the expiration of this Agreement. In no event will we be liable for any consequential or indirect damages. We may, at reasonable times and with prior notice, inspect the Equipment and any documents relating to its use, maintenance and repair.

INSURANCE. You agree to maintain commercial general liability insurance acceptable to us and to name us as an additional insured on the policy. You also agree to: 1) keep the Equipment fully insured against loss at its replacement cost, with us named as lender's loss payee; and 2) provide proof of insurance satisfactory to us no later than 30 days following the commencement of this Agreement, and thereafter upon our written request. If you fail to maintain property loss insurance satisfactory to us and/or you fail to timely provide proof of such insurance, we have the option, but not the obligation, to secure property loss insurance on the Equipment from a carrier of our choosing in such forms and amounts as we deem reasonable to protect our interests. If we secure insurance on the Equipment, we will not name you as an insured party, your interests may not be fully protected, we may charge you an insurance fee, and you will reimburse us the premium which may be higher than the premium you would pay if you obtained insurance, both of which may result in a profit to us. If you are current in all of your obligations under the Agreement at the time of loss, any insurance proceeds received will be applied, at our option, to repair or replace the Equipment, or to pay us the remaining payments due or to become due under this Agreement, plus our booked residual, both discounted at 3% per annum.

TAXES. We own the Equipment. You will pay when due, either directly or by reimbursing us, all taxes and fees relating to the Equipment and this Agreement. Sales or use tax due upfront will be payable over the term with a finance charge.

END OF TERM. ), this Agreement will renew month to month unless a) we receive written notice from you, at least 60 days prior to the End Date, of your intent to return the Equipment, and b) you timely return the Equipment to the location designated by us, at your expense. If a Purchase Option is indicated above and you rned Equipment is not immediately available for use by another without need of repair, you will reimburse us for all repair costs. You cannot pay off this Agreement or return the Equipment prior to the End Date without our consent. If we consent, we may charge you, in addition to other amounts owed, an early termination fee equal to 5% of the amount we paid for the Equipment.

DEFAULT/REMEDIES. You will be in default hereunder if a) a payment becomes 10+ days past due; b) you become insolvent or there has been a m financial, business or operating condition since commencement hereof; c) you made false or misleading representations to us herein or in another document; d) you have defaulted under any other agreement in effect between us and you; e) you, your owners, or your guarantors are or become listed on a U.S. or foreign government sanctions list or are subject to sanctions therefrom; or f) you otherwise breach this Agreement. In the event of your default, you waive notices of our intent to accelerate the payments, the acceleration of the payments and of the enforcement of our rights under this Agreement; and we may require that you return the Equipment to us at your expense and pay us: 1) all past due amounts and 2) all remaining payments for the unexpired term, plus our booked residual, discounted to present value at 3% per annum; and we may disable or repossess the Equipment and use all other legal remedies available to us. You agree to pay all costs and expenses (including reasonable attorney fees) we incur in any dispute with you related to this Agreement. You agree to pay us interest on all past due amounts at the rate of 1.5% per month, or at the highest rate allowed by applicable law, if less.

UCC.
remedies provided under sections 507-522 of Article 2A of the UCC. MISCELLANEOUS. This Agreement is the entire agreement between you and us relating to the Equipment and supersedes any prior representations or agreements, including any purchase orders, requests for proposals (and any responses thereto) or any other bid documents. Any reference to a request for proposal or other bid document in this Agreement is solely for your administrative convenience and is not intended to incorporate any of the terms appearing in such document herein. If you issue a purchase order ("PO"), any additional or conflicting terms appearing in a PO shall not amend this Agreement. Upon request, we may reference the PO number on invoices (solely for administrative convenience). Any terms and conditions separately introduced as a part of your vendor onboarding or invoice payment process shall not amend this Agreement even if agreed to by us as a convenience to you, and you will reimburse us for any costs incurred by us as a result. Amounts payable under this Agreement may include a profit
record hereof in our possession or controlled by us (or our assignee or custodian) as chattel paper under the UCC, bearing (i) the original or a copy of your manual signature (whether wet ink or electronic), and (ii) our original wet ink or electronic signature. Upon execution, the parties agree to be bound to the terms hereof regardless of the medium or format in which this Agreement is maintained or controlled. If any provision of this Agreement is unenforceable, the other provisions herein shall remain in full force and effect to the fullest extent permitted by law. Within 30 days after our request, you will deliver all requested information (including financial statements and tax returns) which we deem reasonably necessary to determine your then current financial condition. To help the government fight the funding of terrorism and money laundering activities, federal law requires all financial institutions to obtain, verify, and record information that identifies each customer who opens an account. When you enter into a transaction with us, we ask for your business name, address and other information that will allow us to identify you. We may also ask to see other documents that substantiate your business identity. You consent to receive communications, including calls, text messages, and emails related to this Agreement, which may be sent using automated systems. You authorize us to either insert or correct the Agreement number, serial numbers, model numbers, beginning date, and signature date and acknowledge that if your Vendor filled in any blanks above, they did so on your behalf. All other modifications to the Agreement must be in writing signed by each party.

MONTCLAIR CITY COUNCIL MEETING – 10/05/2026 Page 69 of 234 Precision Survey Supply, LLC
8628 Utica Avenue #800
Rancho Cucamonga, CA 91730 US
+19099314040
[email protected]
www.precisionsurveysupply.com
Estimate

ADDRESS
Montclair Police Dept
4870 Arrow Highway
Montclair, CA 91763

SHIP TO
Montclair Police Dept
4870 Arrow Highway
Montclair, CA 91763
ESTIMATE # DATE
33147 08/12/2026

ACTIVITY QTY RATE AMOUNT
6020227
RTC300 Package includes:
1 x 1049888 RTC300 Laser Scanner
1 x 1001248 GVP780 Transport Container for RTC
4 x 973449 GEB461 Battery int Li-Ion 10.8V/6.7Ah
1 x 1047300 Leica RTC300/RTC500/RTC700
QG,multil.1
1 x 4005 Reference GKL341 Configurator
1 x 1931 Reality Cloud Studio Software
1 x 799187 GKL341 Charger Prof 5000
1 x 731440 AC power cable 2-pole US, to charger
1 x 1041101 Hexagon GeoCloud 500GB 6 month
Trial
1 46,000.00 46,000.00T
842066
GST80, Lightweight Tripod for RTC360 Laser
Scanner
1 2,850.00 2,850.00T
979836
Cyclone REGISTER 360 PLUS Permanent
1 11,000.00 11,000.00T
6018134
Cyclone Register 360 PLUS CCP 4 year
to include:
- Maintenance on Register 360 Software
- Technical Support
- Software Support
- Firmware Upgrades
1 6,435.60 6,435.60
5005168
Map360 Pro Reactivation
1 800.00 800.00
6015993
IMS Map360 Pro Edition CCP - 4 Year
Includes:
- Technical support for 1 Year
- Product updates for 1 Year
EID: 00107-62215-00032-44938-4AD6B
1 5,134.00 5,134.00
PSS32215 1 9,408.00 9,408.00
MONTCLAIR CITY COUNCIL MEETING – 10/05/2026 Page 70 of 234

ACTIVITY QTY RATE AMOUNT
On-Site Forensic Training
Accepted By:

Signature:
4 days total at customer site. Forensic training
manuals provided to attendees.

Maximum class size of 8. Equipment, computers
and facilities provided by
customer. Travel and expenses of the trainer
included.

MSRP $14,760.00
PSS32206
Precision Survey Supply 24/7 Tech Support
MSRP $ 6,995.00 Per Year Value
4 2,250.00 9,000.00
PSS32215
Virtual Training update with Precision Survey
Supply Online Certified Training (1 Day)
Update training to take place within 6 months of
original training.

MSRP $ 3,500.00 Value
4 0.00 0.00
PSS1056
Critical Threat Assessment Integration
3D Scan Integration of Schools, Hospitals, Airports,
or any critical infastructure for emergency
response, deployment, and planning. Virtual Online
integration training.

MSRP $ 15,000.00 Value
1 0.00 0.00
Great America Lease
4 Year Lease (first payment due 30 days after
delivery)
10% Purchase Option
-------------------------------------------------------------------- ----------
$90,627.60 New Leica
4 Annual Payments
$22,989.74 + tax
Does not include applicable taxes or shipping charges. Thank you! SUBTOTAL 90,627.60 TAX (0%) 0.00
TOTAL $90,627.60
Accepted By Accepted Date
MONTCLAIR CITY COUNCIL MEETING – 10/05/2026 Page 71 of 234 1 2

0.929%
Grand Totals 91,958.96 1,331.36 90,627.60
ANNUAL

PERCENTAGE
RATE
The cost of your credit as
a yearly rate.

0.00 2029 Totals 22,989.74 211.55 22,778.19
2028 Totals 22,989.74 421.15 22,568.59
4 10/23/2029 22,989.74 211.55 22,778.19
3 10/23/2028 22,989.74 421.15 22,568.59 22,778.19
45,346.78
2027 Totals 22,989.74 628.82 22,360.92
2026 Totals 22,989.74 69.84 22,919.90
2 10/23/2027 22,989.74 628.82 22,360.92
1 10/23/2026 22,989.74 69.84 22,919.90 67,707.70
Lease 09/23/2026 90,627.60
TValue Amortization Schedule - Normal, 365 Day Year
Date Lease Interest Principal Balance
Lease Payment 10/23/2026 22,989.74 4 Annual 10/23/2029
End Date
Lease 09/23/2026 90,627.60 1
Cash Flow Data - Leases and Lease Payments
Event Date Amount Number Period
New Lease

Page 1 of 1 ends

MONTCLAIR CITY COUNCIL MEETING – 10/05/2026 Page 72 of 234

CITY COUNCIL

AGENDA REPORT
DATE: OCTOBER 5, 2026
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 2
FILE I.D.: FWY250
DEPT.: PUBLIC WORKS
PREPARER: R. HOERNING
SUBJECT: CONSIDER APPROVAL OF AGREEMENT NO. 26–65, AMENDMENT NO. 2 TO AGREEMENT NO. 15–80 WITH SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY FOR A TIME EXTENSION FOR THE MONTE VISTA AVENUE/I–10 INTERCHANGE

PROJECT, SUBJECT TO ANY REVISIONS DEEMED NECESSARY BY THE CITY ATTORNEY REASON FOR CONSIDERATION: The City Council is requested to consider approval of Agreement No. 26–65, Amendment No. 2 to Agreement No. 15–80 with San Bernardino County Transportation Authority (SBCTA) to provide a contract time extension for the widening project on Interstate 10 from Montclair to Redlands.

A copy of Agreement No. 26–65, Amendment No. 2 to Agreement No. 15–80, is attached for City Council review and consideration. Also attached are Agreement Nos. 15–80 and 17–40 (Amendment No. 1).

BACKGROUND: On September 8, 2015, the City entered into Agreement No. 15–80 with SBCTA for environmental and design work associated with widening Interstate 10 from Montclair to Redlands. The City's interests primarily relate to improvements necessary at the Interstate 10/Monte Vista and Central Avenue Interchanges.

On June 5, 2017, the City approved Agreement No. 17–40, Amendment No. 1 to Agreement No. 15–80. Caltrans and SBCTA completed the construction of the capacity enhancement/widening Interstate 10 Freeway between the Los Angeles County line and Redlands. The improvements included adding Express Lanes (High Occupancy Vehicle lanes) in each direction from Interstate 15 to Redlands. The project required the widening of the Monte Vista Avenue at the interchange. The project also included landscaping, which was deferred to a Phase 2 project now under construction.

Agreement No. 26–65, Amendment No. 2 to Agreement No. 15–80, provided a contract time extension to December 31, 2031, to provide additional time to construct the landscape and hardscape improvements and fully complete the project.

FISCAL IMPACT: There is no fiscal impact to the City related to approving Agreement No. 26–65, Amendment No. 2 to Agreement No. 15–80
RECOMMENDATION: Staff recommends the City Council approve Agreement No. 26–65, Amendment No. 2 to Agreement No. 15–80 with San Bernardino County Transportation Authority for a time extension for the Monte Vista Avenue/I–10 Interchange Project, subject to any changes deemed necessary by the City Attorney.

MONTCLAIR CITY COUNCIL MEETING – 10/05/2026 Page 73 of 234 AGREEMENT N0. 15- 80
COOPERATIVE AGREEMENT NO. 15- 1001291

BETWEEN

SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY
AND

CITY OF MONTCLAIR
FOR

PLANNING, PROJECT REPORT AND ENVIRONMENTAL DOCUMENT (PA/ED) PHASE FOR THE INTERSTATE 10 ( I-10) MONTE VISTA AVENUE INTERCHANGE

IN THE CITY OF MONTCLAIR
I. PARTIES AND TERM
A. THIS COOPERATIVE AGREEMENT (" Agreement") is made and entered into by and between the San Bernardino County Transportation Authority ( hereinafter referred to as AUTHORITY") and the City of Montclair ( CITY), ( AUTHORITY and CITY may be referred to herein as a" Party" and collectively" Parties").

B. This Agreement shall terminate upon completion ofthe AUTHORITY' s management ofthe project report and environmental document ( PA/ ED) phase, or December 31, 2018, whichever is earlier in time, except that the indemnification provisions shall remain in effect until terminated or modified, in writing, by mutual agreement. Should any claims arising out ofthis Agreement be asserted against one ofthe Parties, the Parties agree to extend the fixed termination date of this Agreement, until such time as the claims are settled, dismissed or paid.

II. RECITALS
A. WHEREAS, CITY intends to widen Monte Vista Avenue at the I- 10/ Monte Vista Avenue Interchange in the City of MONTCLAIR; and
B. WHEREAS, planned improvements necessarily include modifications to the existing eastbound and westbound on- and off-ramps, reconstruction of the Monte Vista Avenue undercrossing bridge structure, possible widening of Palo Verde Street between the eastbound on-ramp and Monte Vista Avenue, and the addition of various turn lanes as shown in Attachment A, (" PROJECT"); and
C. WHEREAS, the PROJECT is identified in the Measure 12010- 2040 Expenditure Plan and SANBAG Nexus Study ( Nexus Study) prepared by the San Bernardino Associated Governments ( SANBAG), and approved by the SANBAG Board of Directors on November 6, 2013; and
15- 1001291 Pagel of 9
MONTCLAIR CITY COUNCIL MEETING – 10/05/2026 Page 74 of 234 D. WHEREAS, the Parties consider PROJECT to be high priority and are willing to participate in funding the PROJECT pursuant to the provisions of the Nexus Study; and E. WHEREAS, the Parties wish to enter into this Agreement to delineate roles, responsibilities, and funding commitments relative to the Project Management, Planning, and Environmental activities of the PROJECT; and
F. WHEREAS, should the PROJECT proceed beyond PA/ ED phase, a new cooperative Agreement or an amendment to this agreement will be required; and G. WHEREAS, the Interstate 10 ( I-10) Corridor Project is considering two build alternatives including ( 1) an express lane alternative, where the existing HOV lane would be combined with an additional I- 10 lane widening to implement a total of two Express Lanes in each direction and ( 2) a high- occupancy vehicle ( HOV) alternative that would not include any work at the I- 10 Monte Vista Avenue Interchange; and
H. WHEREAS, the Interstate 10 ( 1- 10) Corridor Project express lane alternative requires additional interchange work at Monte Vista Avenue to accommodate the I- 10 project improvements including modifications to the existing eastbound and westbound on- and offramps and the Monte Vista Avenue Bridge Undercrossing as described in Attachment A and shown in Attachment B; and
I. WHEREAS, the I- 10 Corridor Project has included preliminary engineering and environmental studies related with the Monte Vista Avenue Interchange improvements concurrently and is scheduled to have the preferred alternative selected in Summer 2016, and obtain environmental clearance in late 2017; and
J. WHEREAS, if the express lane alternative is selected as the preferred alternative for the I- 10 Corridor Project, planned improvements for this alternative include modifications to the existing eastbound and westbound on- and off-ramps and reconstruction of the Monte Vista Avenue Bridge Undercrossing as further described in Attachment A and shown in Attachment B; and
K. WHEREAS, if the high occupancy vehicle ( HOV) alternative is selected as the preferred alternative for the I- 10 Corridor Project, a new separate Monte Vista Interchange environmental document for the " PROJECT" would need to be prepared and an amendment to this agreement revising the total cost for the PANED phase will be required; and L. WHEREAS, the PA/ED phase is extremely difficult to ascertain and determine the actual cost since the interchange studies are being completed concurrently with the I- 10 Corridor Project; and
M. WHEREAS, due to this difficulty, the total cost for the PANED phase is estimated to be 883, 600 based on a typical standard practice of estimated PANED to be four percent( 4%) of the current estimated construction cost of$ 22, 090, 000; and this is to be a shared cost funded 15- 1001291 Page 2 of 9
MONTCLAIR CITY COUNCIL MEETING – 10/05/2026 Page 75 of 234 with 24. 1% Development Share funds and 75. 9% Public Share funds, as defined by the Nexus Study and the SANBAG Measure 12010- 2014 Strategic Plan; and N. WHEREAS, the CITY desires the AUTHORITY to provide project management services for the PANED phase, estimated at $ 100, 000; which is to be a shared cost funded with 24. 1% Development Share funds ( CITY responsibility) and 75. 9% Public Share funds AUTHORITY responsibility), as defined by the Nexus Study and the SANBAG Measure I 2010- 2014 Strategic Plan in accordance with AUTHORITY Policy 40005/ VFI-33; and O. NOW, THEREFORE, the Parties agree to the following:

III. AUTHORITY RESPONSIBILITIES
AUTHORITY agrees:

A. To be lead agency on Project Management, PANED work and to diligently undertake and complete the PANED work on PROJECT, including the selection and retention of consultants.

Performance of services under these consultant contracts shall be subject to the technical direction of the AUTHORITY' s Director of Project Delivery, or his designee, with input and consultation from CITY.

B. To contribute towards the PANED phase of the PROJECT costs a lump sum of$ 670, 652 and a lump sum of$ 75, 900 for SANBAG management for a total amount of$ 746, 552 as shown in Attachment A.

C. To include CITY in Project Development Team ( PDT) meetings and related communications on PROJECT progress as well as to provide CITY with copies of PDT meeting minutes and action items.

D. To provide CITY an opportunity to review and comment on the Planning and Environmental project documents.

IV. CITY RESPONSIBILITIES
CITY agrees:

A. To reimburse AUTHORITY, following the PANED phase, a lump sum of$ 212, 948 towards the PANED phase of the PROJECT cost and a
lump sum of $ 24, 100 for SANBAG
management for a total amount of$237, 048 as shown in Attachment A. This reimbursement shall be paid to AUTHORITY according to the following payment schedule: 50% of total amount paid within 60 days of execution of this Agreement, remaining 50% within 60 days of the Record of Decision following PANED approval.

B. To designate a responsible staff member that will be CITY' s representative in attending the PDT meetings, receiving day-to-day communication and reviewing the project documents. 15- 1001291 Page 3 of 9
MONTCLAIR CITY COUNCIL MEETING – 10/05/2026 Page 76 of 234 C. To complete review and provide comments on the PANED documents within one month of receiving the review request from AUTHORITY.

D. CITY' s Director of the Department of Public Works is authorized to act on behalf of CITY under this Section of the Agreement.

V. MUTUAL RESPONSIBILITIES
The Parties agree:

A. To abide by all applicable Federal, State and Local laws and regulations pertaining to the PROJECT, including policies in the applicable program in the Measure I 2010- 2040 Strategic Plan, as amended, as ofthe Effective Date ofthis Agreement.

B. In the event that federal funds are used in the PANED phase of work, the PARTIES acknowledge Federal Highway Administration ( FHWA) requires that the PROJECT must progress to a capital phase ( ROW or construction) within ten years or the federal funds may be required to be repaid to FHWA. Should repayment be required, and is a result of the PROJECT not progressing by choice, repayment it shall be the responsibility of the PARTY that determines it is unable to move forward with the PROJECT. If it is mutually decided that the project will not move forward then repayment of any federal funds used for Public Share will be the responsibility of the AUTHORITY and any federal funds used for the Local Share will be the responsibility ofthe CITY.

C. Neither AUTHORITY nor any officer, director, employee or agent thereof is responsible for any injury, damage or liability occurring or arising by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement. It is understood and agreed that, pursuant to Government Code Section 895. 4, CITY shall fully defend, indemnify and save harmless AUTHORITY, its officers, directors, employees or agents from all claims, suits or actions of every name, kind and description brought for or on account of injury ( as defined by Government Code Section 810. 8) occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement.

D. Neither CITY nor any officer, director, employee or agent thereof is responsible for any injury, damage or liability occurring or arising by reason of anything done or omitted to be done by AUTHORITY and under or in connection with any work, authority or jurisdiction delegated to AUTHORITY under this Agreement. It is understood and agreed that, pursuant to Government Code Section 895. 4, AUTHORITY shall fully defend, indemnify and save harmless CITY, its officers, directors, employees or agents from all claims, suits or actions of every name, kind and description brought for or on account of injury ( as defined by Government Code Section 810. 8) occurring by reason of anything done or omitted to be done by AUTHORITY under or in connection with any work, authority or jurisdiction delegated to AUTHORITY under this Agreement.

E. The Recitals to this Agreement are true and correct and are incorporated into this Agreement. 15- 1001291 Page 4 of 9
MONTCLAIR CITY COUNCIL MEETING – 10/05/2026 Page 77 of 234 F. All signatories hereto warrant that they are duly authorized to execute this Agreement on behalf of said Parties and that by executing this Agreement, the Parties hereto are formally bound to this Agreement.

G. Except on subjects preempted by federal law, this Agreement shall be governed by and construed in accordance with the laws of the State of California. All Parties agree to follow all local, state, county and federal laws and ordinances with respect to performance under this Agreement.

H. The Parties agree that each Party and any authorized representative, designated in writing to the Parties, and upon reasonable notice, shall have the right during normal business hours to examine all Parties' financial books and records with respect to this Agreement. The Parties agree to retain their books and records for a period of five ( 5) years from the later of: a) the date on which this Agreement terminates; or b) the date on which such book or record was created.

I. If any clause or provisions of this Agreement is illegal, invalid or unenforceable under applicable present or future laws, then it is the intention of the Parties that the remainder of this Agreement shall not be affected but shall remain in full force and effect.

J. This Agreement cannot be amended or modified in any way except in writing, signed by all Parties hereto.

K. Neither this Agreement, nor any of the Parties rights, obligations, duties, or authority hereunder may be assigned in whole or in part by either Party without the prior written consent of the other Party in its sole, and absolute, discretion. Any such attempt of assignment shall be deemed void and of no force and effect.

L. No waiver of any default shall constitute a waiver of any other default whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise.

M. In the event of litigation arising from this Agreement, each Party to this Agreement shall bear its own costs, including attorney( s) fees. This paragraph shall not apply to the costs or attorney( s) fees relative to paragraphs C and D ofthis Section.

N. This Agreement may be signed in counterparts, each of which shall constitute an original.

This Agreement is effective upon the date executed by AUTHORITY.

O. Any notice required, authorized or permitted to be given hereunder or any other communications between the Parties provided for under the terms ofthis Agreement shall be in writing, unless otherwise provided for herein, and shall be served personally or by reputable courier addressed to the relevant party at the address/ fax number stated below:
15- 1001291 Page 5 of 9
MONTCLAIR CITY COUNCIL MEETING – 10/05/2026 Page 78 of 234 If to AUTHORITY: Garry Cohoe
Director of Project Delivery
1170 West Third Street, Second Floor
San Bernardino, CA 92410- 1715
Telephone: ( 909) 884- 8276
If to CITY: Michael C. Hudson
Public Works Director( City Engineer)
5111 Benito Street
Montclair, CA 91763- 2808
Telephone: ( 909) 625- 9441
P. There are no third party beneficiaries, and this Agreement is not intended, and shall not be construed to be for the benefit of, or be enforceable by, any other person or entity whatsoever.

Q. Attachments A and B are attached to and incorporated into this Agreement by this reference.

SIGNATURES ON FOLLOWING PAGE:
15- 1001291 Page 6 of 9
MONTCLAIR CITY COUNCIL MEETING – 10/05/2026 Page 79 of 234

SIGNATURE PAGE TO
COOPERATIVE AGREEMENT NO. 151001291

BETWEEN

SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY
and CITY OF MONTCLAIR

SAN BERNARDINO COUNTY CITY OF MONTCLAIR

TRANSPORTATION AUTHORITY
By: By:
yan McEachron Paul M. Eaton
President, Board of Directors Mayor, City of Montclair
Date: / 0% h5-- Date: 9.

APPROVED AS TO FORM ATTEST:

By By; a—w-94-1-4_ QaLval-_
1 een Monaghan Teichert Andrea M. Phillip
General Counsel Deputy City Clerk
By:

Jeffer 1 APPROVED AS TO FORM:

Procure ent Manager
By
Diane E. Robbins
City Attorney
15- 1001291 Page 7 of 9
MONTCLAIR CITY COUNCIL MEETING – 10/05/2026 Page 80 of 234 Attachment A

PROJECT DESCRIPTION
The CITY of Montclair and AUTHORITY propose to widen the existing eastbound and westbound on- and off-ramps, Monte Vista Avenue, Palo Verde Street and reconstruct the existing Interstate 10 ( I- 10) Monte Vista Avenue Bridge undercrossing as shown in the concept plan( Attachment B). The Planning and Environmental work is included as part of the Interstate 10 ( I- 10) Corridor Project. The estimate for full construction and project delivery is approximately$ 37 million.

PROJECT FUNDING TABLE
Public Share: 75. 9%
Nexus Development Impact Fee Share ( DIF, " Development Share" or" Local Share"): 24. 1% Estimated
Shares per Nexus Study Actual Contribution
Phase
Cost Public Share
Development
Public Share
Development
Share Share
Project Report
and 883, 600 670, 652 212, 948 670, 652 212, 948
Environmental
Approval

AUTHORITY
Oversight 3 100, 000 75, 900 24, 100 75, 900 24, 100
Total 983, 600 746, 552 237, 048 746, 552 237, 048
Estimated Costs are based on May 2015 estimates.
2AUTHORITY and CITY agree to pay the lump sum costs in accordance with this cooperative agreement.
3 In accordance with Measure I Strategic Plan Policy 40005NFI- 33 AUTHORITY Oversight costs are to be distributed per the Public and DIF shares established in the Nexus Study.

PROJECT SCHEDULE
Currently the I- 10 Monte Vista Interchange schedule is similar to the I- 10 Corridor delivery schedule as shown here below with approximately milestones:

Milestones Estimated Completion Date
Environmental Approval Winter 2017
Plans, Specifications & Estimate ( PSE) Winter 2018
Right of Way (ROW) Winter 2018
Construction Start Spring 2019
Completion for Beneficial Use Winter 2021

Page 8 of 9 ends

15- 1001291
MONTCLAIR CITY COUNCIL MEETING – 10/05/2026 Page 81 of 234 Attachment B

CONCEPTUAL LAYOUT
w

PRELIMINARY
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E[ '
EXPRESS LANES ALTERNATIVE 3
tt
Monte Vista Avenue Interchange
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Page 9 of 9 ends

15- 1001291
MONTCLAIR CITY COUNCIL MEETING – 10/05/2026 Page 82 of 234 AMENDMENT NO. 1 TO
COOPERATIVE AGREEMENT NO. 15- 1001291

BETWEEN

SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY,
CITY OF MONTCLAIR and CITY OF UPLAND
FOR

PLANNING, ENVIRONMENTAL, DESIGN, RIGHT- OF-WAY (ROW),
CONSTRUCTION, LANDSCAPE MAINTENANCE; AND PROJECT CLOSEOUT PHASES FOR THE INTERSTATE 10 ( I-10) MONTE VISTA AVENUE INTERCHANGE

IN THE CITY OF MONTCLAIR
This Amendment No. 1 to Cooperative Agreement No. 15- 1001291 (" Agreement") is entered into between San Bernardino County Transportation Authority (" SBCTA" or AUTHORITY"), the City of Montclair (" MONTCLAIR") and the City of Upland UPLAND") on the Effective Date with respect to the following facts.

WHEREAS, SBCTA and MONTCLAIR entered into the Agreement on October 07, 2015, to cooperate and jointly participate in completing the planning, project report and environmental document ( PAED) phase to improve the I- 10 Monte Vista Avenue Interchange, which includes modifications to the existing eastbound and westbound on- and off-ramps, reconstruction of the Monte Vista Avenue undererossing bridge structure, reconstruction of Palo Verde Street between the eastbound on-ramp and Monte Vista Avenue, and the addition of various turn lanes described in Attachment A ("PROJECT"); and WHEREAS, SBCTA, MONTCLAIR and UPLAND desire to amend the Agreement to include subsequent phases and to add UPLAND as a Party to the Agreement; and NOW, THEREFORE, the Parties agree to amend the Agreement as follows:

1. Amend SECTION I entitled " PARTIES AND TERM:" to delete paragraphs A and B and replace with the following paragraphs:

A. THIS COOPERATIVE AGREEMENT (" Agreement") is made and entered into by and between the San Bernardino County Transportation Authority ( hereinafter referred to as " SBCTA"), the City of MONTCLAIR (" MONTCLAIR"), and the City of Upland (" UPLAND"), ( SBCTA, MONTCLAIR and UPLAND may be referred to herein as a " Party" and collectively " Parties").

B. This Agreement shall terminate upon completion of SBCTA' s management of the planning, environmental, design, right of way ( ROW) ( to include both acquisition

Page 1 of 13 ends

AGREEMENT NO. 17-40
(15-80)
MONTCLAIR CITY COUNCIL MEETING – 10/05/2026 Page 83 of 234 and utility relocation work), construction, landscape maintenance and project closeout or December 31, 2026, whichever is earlier in time, except that the indemnification provisions of this Agreement shall remain in effect until terminated or modified, in writing, by mutual agreement of the Parties. Should any claims arising out of this Agreement be asserted against one of the Parties, the Parties agree to extend the fixed termination date of this Agreement until such time as the claims are settled, dismissed or paid."

2. Amend SECTION II entitled " RECITALS:" to delete paragraph C and replace it with the following language:

C. WHEREAS, the interchange work is identified in the SBCTA Nexus Study ( Nexus Study), and approved by the Board of Directors on February 3, 2016; and"

3. Amend SECTION II entitled " RECITALS:" to delete paragraph E and replace it with the following language :

E. WHEREAS, the Parties wish to enter into this Agreement to delineate roles, responsibilities, and funding commitments relative to the Project Management, Planning, Environmental, Design, ROW, Construction, Landscape Maintenance and project closeout activities of the PROJECT;"

4. Amend SECTION II entitled " RECITALS:" to delete paragraph N and replace it with the following language :

N. WHEREAS, the PROJECT is estimated to cost a total of $ 33, 005, 900 ( excluding MONTCLAIR Betterment described in SECTION IV, paragraph F herein), which includes $ 800,000 for SBCTA to provide project management services for the Planning, Environmental, Design, ROW, Construction, Landscape Maintenance and project closeout phases of the Project which shall be funded with 24. 1% Development Share funds and 75. 9% Public Share funds, as defined by the Nexus Study and the SBCTA Measure 12010- 2014 Strategic Plan; and"

5. Amend SECTION II entitled " RECITALS:" to delete paragraph O and replace it with the following paragraphs:

O. WHEREAS, the Attachment A costs to complete the PROJECT have been determined by following typical standard practice pricing for recent similar projects; and"
P. WHEREAS, SBCTA, MONTCLAIR and UPLAND shall provide reimbursement payment for all phase costs shown within Attachment A, according to the Payment Schedule shown in Attachment C, to appropriately fund the completion of all work activities; and"
Q. WHEREAS, the I-10 Monte Vista Avenue Interchange Project work will be constructed by SBCTA' s design- build contractor and MONTCLAIR shall

Page 2 of 13 ends

MONTCLAIR CITY COUNCIL MEETING – 10/05/2026 Page 84 of 234 effectively assist SBCTA to obtain all necessary MONTCLAIR project approvals and efficiently issue no- fee encroachment permits to facilitate design and construction work within MONTCLAIR City limits; and"
R. NOW, THEREFORE, the Parties agree to the following:"

6. Amend SECTION III entitled" AUTHORITY RESPONSIBILITIES:" to delete the entire section and replace with SECTION III entitled " SBCTA RESPONSIBILITIES" and the following paragraphs:

SBCTA agrees:

A.To be lead agency and to diligently undertake PROJECT Management, Planning, Environmental, Design, ROW, Construction, Landscape Maintenance, and project closeout work on PROJECT, including the selection and retention of consultants.

Performance of services under these consultant contracts shall be subject to the technical direction of the SBCTA' s Director of Project Delivery, or her designee, with input and consultation from MONTCLAIR.

B. To coordinate with MONTCLAIR for first and second level reviews related to property acquisitions and to provide all support documents necessary for Hearings of Resolutions of Necessity to be conducted at the SBCTA in the event voluntary acquisition is unlikely.

C. To contribute towards the PROJECT Management, Planning, Environmental, Design, ROW, Construction, Landscape Maintenance, and project closeout phases of the PROJECT cost an amount not to exceed $ 25, 051, 478 as shown in Attachment A to be paid in accordance with the Payment Schedule in Attachment C. The costs of a specific phase are provided in Attachment A, however, under no circumstances is the total combined SBCTA contribution to exceed $ 25, 051, 478 without an amendment to this Agreement.

D. To prepare and submit to MONTCLAIR and UPLAND an original and two copies of signed invoices for reimbursement of eligible PROJECT expenses. Invoices may be submitted to MONTCLAIR and UPLAND as frequently as quarterly or annually according to the payment schedule described within Attachment C.

E. To establish and maintain an accounting system conforming to Generally Accepted Accounting Principles ( GAAP) to support SBCTA' s request for reimbursement, payment vouchers, or invoices which segregate and accumulate costs of PROJECT Management, Planning, Environmental, Design, ROW, Construction, Landscape Maintenance, and project closeout work elements and produce quarterly or annual reports which clearly identify reimbursable costs, matching fund costs, indirect cost allocation, and other allowable expenditures by SBCTA.

Page 3 of 13 ends

MONTCLAIR CITY COUNCIL MEETING – 10/05/2026 Page 85 of 234 F. To prepare a final accounting of expenditures, including a final invoice for the actual PROJECT Management, Planning, Environmental, Design, ROW, Construction, Landscape Maintenance, and project closeout costs. The final accounting and invoice shall be submitted no later than one hundred and eighty ( 180) calendar days following the completion of work and shall be submitted to MONTCLAIR and UPLAND.

G. To cooperate in having a PROJECT- specific audit completed by MONTCLAIR or UPLAND, at its option and cost, upon completion of the PROJECT Planning, Environmental, Design, ROW, Construction, Landscape Maintenance, and project closeout work. The audit should justify and validate that all funds expended on the PROJECT were used in conformance with this Agreement.

H. To reimburse MONTCLAIR and/ or UPLAND for costs that are determined by subsequent audit to be unallowable within ninety ( 90) calendar days of SBCTA receiving notice of audit findings, which time shall include an opportunity for SBCTA to respond to and/ or resolve the finding. Should the finding not be otherwise resolved and SBCTA fails to reimburse monies due MONTCLAIR and/ or UPLAND within ninety ( 90) calendar days of audit finding, or within such other period as may be agreed between both Parties hereto, the MONTCLAIR and/ or UPLAND City Council reserves the right to withhold future payments due SBCTA from any source under MONTCLAIR and/ or UPLAND control respectively.

I. To include MONTCLAIR and UPLAND in Project Development Team ( PDT) meetings and related communications on PROJECT progress as well as to provide MONTCLAIR and UPLAND with copies of PDT meeting minutes and action items.

J. To provide MONTCLAIR and UPLAND an opportunity to review and comment on the Planning, Environmental, Design, ROW, Construction, Landscape Maintenance, and closeout documents.

7. Amend SECTION IV entitled" CITY RESPONSIBILITIES:" to delete the entire section and replace with SECTION IV entitled" CITIES' RESPONSIBILITIES" and the following paragraphs:

MONTCLAIR agrees to paragraphs A through F below:

A. To reimburse SBCTA for the costs estimated at $ 5, 704,792 towards the Planning, Environmental, Design, ROW, Construction, Landscape Maintenance, and project closeout phases of the PROJECT, $ 139, 000 for MONTCLAIR' s Betterments described in Section IV F below, and $ 141, 708 for SBCTA management for an amount not to exceed $ 5, 985, 500 as shown in Attachment A to be paid in accordance with the Payment Schedule in Attachment C. The costs of a specific phase are provided in Attachment A, however, under no circumstances is the total combined MONTCLAIR contribution to exceed $ 5, 985, 500 without an amendment to this Agreement.

Page 4 of 13 ends

MONTCLAIR CITY COUNCIL MEETING – 10/05/2026 Page 86 of 234 B. To reimburse SBCTA within 45 days after SBCTA submits an original and two copies of the signed invoices in the proper form covering those actual allowable PROJECT expenditures and SBCTA management costs that were incurred by SBCTA. Invoices may be submitted to MONTCLAIR as frequently as quarterly or annually according to the payment schedule described within Attachment C.

C. When conducting an audit of the costs claimed under the provisions of this Agreement, to rely to the maximum extent possible on any prior audit of SBCTA performed pursuant to the provisions of State and Federal laws. In the absence of such an audit, work of other auditors will be relied upon to the extent that work is acceptable to MONTCLAIR when planning on conducting additional audits.

MONTCLAIR shall pay for any additional audits requested by MONTCLAIR above other previously completed audits by SBCTA.

D. To designate a responsible staff member that will be MONTCLAIR' s representative in attending the PDT meetings, receiving day-to-day communication and reviewing the project documents. MONTCLAIR' s representative shall effectively:

1. Provide MONTCLAIR concurrence with SBCTA' s Preliminary Aesthetic and Landscape Master Plan ( PALM) documents and related contract technical provisions before July 1, 2017; and

2. Provide MONTCLAIR concurrence with SBCTA' s preliminary Transportation Management Plan ( TMP) and approach for local street detours and Maintenance of Traffic ( MOT) technical provisions by July 1, 2017; and

3. Coordinate with SBCTA staff and Caltrans to execute the required Freeway Agreement ( FA) and Freeway Maintenance Agreements ( FMAs) as appropriate by September 1, 2017; and

4. Review design plans for construction work within MONTCLAIR' s jurisdiction and provide relevant comments within 21 working days for a draft and final design plan submittals. Once comments are addressed, MONTCLAIR shall issue contractor a no- fee encroachment permit to allow construction work within MONTCLAIR property; and

5. Assist SBCTA staff with completion of ROW acquisition activities within MONTCLAIR property in order to facilitate project work to be completed if required; and

6. Exercise MONTCLAIR' s franchise rights for utilities' relocations necessitated by the Project.

7. Coordinate with SBCTA staff as appropriate to resolve PROJECT matters that arise from any MONTCLAIR resident comments or complaints if required.

E. MONTCLAIR' s Public Works Director is authorized to act on behalf of MONTCLAIR under this Section of the Agreement.

Page 5 of 13 ends

MONTCLAIR CITY COUNCIL MEETING – 10/05/2026 Page 87 of 234 F. MONTCLAIR will pay SBCTA for 100% of MONTCLAIR' s Betterment costs that total 139, 000 for MONTCLAIR sewer main upgrade as shown in Attachment A, according to the payment schedule in Attachment C, estimated as $ 20,000 and $ 119, 000 for Design and Construction respectively."
UPLAND agrees to paragraphs G through L below:

G. To reimburse SBCTA for the costs estimated at $ 2, 056, 830 towards the Planning, Environmental, Design, ROW, Construction, Landscape Maintenance, and project closeout phases of the PROJECT and $ 51, 092 for SBCTA management for an amount not to exceed $ 2, 107, 922 as shown in Attachment A to be paid in accordance with the Payment Schedule in Attachment C. The costs of a specific phase are provided in Attachment A, however, under no circumstances is the total combined UPLAND contribution to exceed $ 2, 107, 922 without an amendment to this Agreement.

H. To reimburse SBCTA within 45 days after SBCTA submits an original and two copies of the signed invoices in the proper form covering those actual allowable PROJECT expenditures and SBCTA management costs that were incurred by SBCTA. Invoices may be submitted to UPLAND as frequently as quarterly or annually according to the payment schedule described within Attachment C.

I. When conducting an audit of the costs claimed under the provisions of this Agreement, to rely to the maximum extent possible on any prior audit of SBCTA performed pursuant to the provisions of State and Federal laws. In the absence of such an audit, work of other auditors will be relied upon to the extent that work is acceptable to UPLAND when planning on conducting additional audits. UPLAND shall pay for any additional audits requested by UPLAND above other previously completed audits by SBCTA.

J. To designate a responsible staff member that will be UPLAND' s representative in attending the PDT meetings, receiving day- to- day communication and reviewing the project documents. The UPLAND' s representative shall effectively:

1. . Provide UPLAND concurrence with SBCTA' s Preliminary Aesthetic and Landscape Master Plan ( PALM) documents and related contract technical provisions before July 1, 2017; and

2. Provide UPLAND concurrence with SBCTA' s preliminary Transportation Management Plan ( TMP) and approach for local street detours and Maintenance of Traffic ( MOT) technical provisions by July 1, 2017; and

3. Coordinate with SBCTA staff and Caltrans to execute the required Freeway Agreement ( FA) and Freeway Maintenance Agreements ( FMAs) as appropriate by September 1, 2017; and

4. Review design plans for construction work within UPLAND' s jurisdiction and provide relevant comments within 21 working days for a draft and final design

Page 6 of 13 ends

MONTCLAIR CITY COUNCIL MEETING – 10/05/2026 Page 88 of 234 plan submittals. Once comments are addressed, UPLAND shall issue contractor a no- fee encroachment permit to allow construction work within UPLAND property; and

5. Assist SBCTA staff with completion of ROW acquisition activities within UPLAND property in order to facilitate project work to be completed if required; and

6. Exercise UPLAND' s franchise rights for utilities' relocations necessitated by the Project.

7. Coordinate with SBCTA staff as appropriate to resolve PROJECT matters that arise from any UPLAND resident comments or complaints if required.

K. UPLAND' s Public Works Director is authorized to act on behalf of UPLAND under this Section of the Agreement.

L. UPLAND shall pay Design ( PS& E) DIF share costs of $ 169, 288, adjusted in Attachment A to reflect MONTCLAIR' s previous full payment for all DIF share costs for PAED, allowing UPLAND to reconcile this prior underpayment of 56,431. The payment of Design costs shall be according to the Payment Schedule in Attachment C.

8. Amend SECTION V entitled" MUTUAL RESPONSIBILITIES:" to delete paragraphs B, C, D and O and replace with the following paragraphs below:

B. In the event that federal funds are used in the PROJECT Management, Planning, Environmental, Design, ROW, Construction, Landscape Maintenance, and project closeout phases of work, the PARTIES acknowledge Federal Highway Administration ( FHWA) requires that the PROJECT must progress to a_capital phase ROW or construction) within ten years or the federal funds may be required to be repaid to FHWA. Should repayment be required, and is a result of the PROJECT not progressing by choice, repayment shall be the responsibility of the PARTY that determines it is unable to move forward with the PROJECT. If it is mutually decided that the project will not move forward then repayment of any federal funds used for Public Share will be the responsibility of the SBCTA and any federal funds used for the Local Share will be the responsibility of MONTCLAIR and UPLAND.

C. 1. Neither SBCTA, UPLAND, nor any officer, director, employee or agent thereof is responsible for any injury, damage or liability occurring or arising by reason of anything done or omitted to be done by MONTCLAIR under or in connection with any work, authority or jurisdiction delegated to MONTCLAIR under this Agreement. It is understood and agreed that, pursuant to Government Code Section 895. 4, MONTCLAIR shall fully defend, indemnify and save harmless SBCTA, UPLAND, their officers, directors, employees or agents from all claims, suits or actions of every name, kind and description brought for or on account of injury as defined by Government Code Section 810.8) occurring by reason of anything

Page 7 of 13 ends

MONTCLAIR CITY COUNCIL MEETING – 10/05/2026 Page 89 of 234 done or omitted to be done by MONTCLAIR under or in connection with any work, authority or jurisdiction delegated to MONTCLAIR under this Agreement.

C. 2. Neither SBCTA, MONTCLAIR, nor any officer, director, employee or agent thereof is responsible for any injury, damage or liability occurring or arising by reason of anything done or omitted to be done by UPLAND and under or in connection with any work, authority or jurisdiction delegated to UPLAND under this Agreement. It is understood and agreed that, pursuant to Government Code Section 895.4, UPLAND shall fully defend, indemnify and save harmless SBCTA, MONTCLAIR, their officers, directors, employees or agents from all claims, suits or actions of every name, kind and description brought for or on account of injury ( as defined by Government Code Section 810. 8) occurring by reason of anything done or omitted to be done by UPLAND under or in connection with any work, authority or jurisdiction delegated to UPLAND under this Agreement.

C. 3. Neither MONTCLAIR, UPLAND, nor any officer, director, employee or agent thereof is responsible for any injury, damage or liability occurring or arising by reason of anything done or omitted to be done by SBCTA and under or in connection with any work, authority or jurisdiction delegated to SBCTA under this Agreement. It is understood and agreed that, pursuant to Government Code Section 895. 4, SBCTA shall fully defend, indemnify and save harmless MONTCLAIR, UPLAND, their officers, directors, employees or agents from all claims, suits or actions of every name, kind and description brought for or on account of injury ( as defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done by SBCTA under or in connection with any work, authority or jurisdiction delegated to SBCTA under this Agreement.

D. Intentionally Omitted.

O. Any notice required, authorized or_permitted to be given hereunder or any other communications between the Parties provided for under the terms of this Agreement shall be in writing, unless otherwise provided for herein, . and shall be served personally or by reputable courier addressed to the relevant party at the address/ fax number stated below:

If to SBCTA: Paula Beauchamp
Director of Project Delivery
1170 West Third Street, Second Floor
San Bernardino, CA 92410- 1715
Telephone: ( 909) 884- 8276
If to MONTCLAIR: Michael C. Hudson
Public Works Director ( City Engineer)
5111 Benito Street
Montclair, CA 91763- 2808
Telephone: ( 909) 625- 9441

Page 8 of 13 ends

MONTCLAIR CITY COUNCIL MEETING – 10/05/2026 Page 90 of 234 If to UPLAND: Rosemary Hoerning
Public Works Director( City Engineer)
460 N. Euclid Avenue
Upland, CA 91786- 0460
Telephone: ( 909) 291- 2930

9. Amend SECTION V entitled " MUTUAL RESPONSIBILITIES:" to delete paragraph Q and replace with the following paragraphs below:

Q. In the event SBCTA determines PROJECT Management, Planning, Environmental, Design, ROW, Construction, Landscape Maintenance, and project closeout work may exceed the amounts identified in Attachment A of this Agreement, SBCTA shall inform MONTCLAIR and UPLAND of this determination and thereafter the Parties shall work together in an attempt to agree upon an amendment to the amounts identified in this Agreement. In no event, however, shall any of the Parties be responsible for PROJECT costs in excess of the amounts identified in this Agreement absent a written amendment that is approved by all Parties.

R. SBCTA shall serve as the Legally Responsible Person ( LRP) for the PROJECT per the Statewide Construction General Permit ( CGP) Order No. 2009- 009- DWQ, NPDES No. CAS000002, Appendix 5. As the construction of the PROJECT is being administered by SBCTA, the control of the contract by SBCTA does not make CALTRANS or MONTCLAIR or UPLAND eligible to be the LRP to sign the Notice of Intent or their related documents identified in the General Construction Permit ( GCP). This Condition qualifies as a special circumstance under the CGP, and CALTRANS and MONTCLAIR and UPLAND LRP may authorize the controlling agency to be the LRP for the PROJECT. The MONTCLAIR and UPLAND LRP authorizes a representative of SBCTA to be designated the " Legally Responsible Person" as noted in Appendix 5 of the General Construction Permit.

S. Eligible PROJECT reimbursements shall include only those costs shown within Attachment A and shall be paid in accordance with the Payment Schedule included within Attachment C for PROJECT- specific work activities that are described in this Agreement and shall not include escalation or interest.

T. Attachments A, B, and C are included herein and incorporated into this Agreement by this reference."

10. All references in the Agreement to Attachments A, B, and C shall mean Attachments A, B, and C attached to and incorporated into this Amendment by this reference.

11. The Recitals to the Amendment are true and correct and are incorporated into the Amendment.

12. This Amendment is effective on the date executed by SBCTA.

Page 9 of 13 ends

MONTCLAIR CITY COUNCIL MEETING – 10/05/2026 Page 91 of 234 AMENDMENT NO. 1 TO
COOPERATIVE AGREEMENT NO. 15- 1001291

BETWEEN

SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY,
CITY OF MONTCLAIR and CITY OF UPLAND

SAN BERNARDINO COUNTY CITY OF MONTCLAIR

TRANSPORTATION

AUT O TY
B By:

Alan D. Wapne Paul M. Eaton
President, Boar of Directors Mayor, City of Montclair
Date: q— t— Date: r
APPROVED AS TO ATTEST:
y.

Byi By: een Monaghan Teichert Andrm- M. P illips
General Cou sel / Deputy' City Clerk '
B
Jeffe 1 APPROVED AS TC1. F P- -
Procurement Manager
By:

Diane E. Robbins
City Attorney

CITY OF UPLAND
By:

Debbie Stone
Mayor, City of Upland
Date:

APPROVED AS TO FORM:

By:

James L. Markman
City Attorney

Page 10 of 13 ends

MONTCLAIR CITY COUNCIL MEETING – 10/05/2026 Page 92 of 234 AMENDMENT NO. 1 TO
COOPERATIVE AGREEMENT NO. 15- 1001291

BETWEEN

SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY,
CITY OF MONTCLAIR and CITY OF UPLAND

SAN BERNARDINO COUNTY CITY OF MONTCLAIR

TRANSPORTATION

AUTHORITY
By:_ By:

Alan D. Wapner Paul M. Eaton
President, Board of Directors Mayor, City of Montclair
Date: Date:

APPROVED AS TO FORM ATTEST:

By: By:

Eileen Monaghan Teichert Andrea M. Phillips
General Counsel Deputy City Clerk
By:

Jeffery Hill APPROVED AS TO FORM:

Procurement Manager
By:

Diane E. Robbins
City Attorney

CITALOF PLAND
De ie Stone
Mayor, City of Upland
Date: l. l ULA- 17 I
APPROVED AS TO FORM:

By
L. Markman
City Attorney

Page 10 of 13 ends

MONTCLAIR CITY COUNCIL MEETING – 10/05/2026 Page 93 of 234 Attachment A

PROJECT DESCRIPTION
The CITY of MONTCLAIR, CITY of UPLAND and SBCTA propose to improve the existing eastbound and westbound on-/ off-ramps, Monte Vista Avenue, Palo Verde Street and the existing Interstate 10 ( I10) / Monte Vista Avenue Bridge undercrossing as shown on the concept plan ( Attachment B). The Planning, Environmental, Design, ROW, Construction, Landscape Maintenance, and Project Closeout work is included as part of the Interstate 10 ( I- 10) Corridor Contract 1 Project. The estimate for full construction and project delivery is approximately$ 33 million.

PROJECT FUNDING TABLE
Public Share: 75. 9%
Nexus Development Impact Fee Share( DIF, " Development Share" or" Local Share"): 24. 1% Phase Estimated
Costl
Public Share
Development Share( DIF)
Montclair Upland

73. 5% 26. 5%
PAED
3 883, 600 670, 652 212, 948 0
Design( PS& E) s
1, 767, 120 1, 341, 244 256, 588 169, 288
Right- of-Way 4, 000, 500 3, 036, 380 708, 629 255, 492 Construction( Includes $ 25, 011, 680 18, 983, 865 4, 430, 444 1, 597, 371 Construction
Management& Plant
Establishment)
Landscape 543, 000 412, 137 96, 184 34,679
Maintenance
SBCTA Oversight 800, 000 607, 200 141, 708 51, 092
Total Project Cost 33, 005, 900 25, 051, 478 5, 846, 500 2, 107, 922 Montclair
Betterment4
0 0 139, 000 0
Total Cost with 33, 144, 900 25, 051, 478 5, 985, 500 2, 107, 922 Betterment
1 Estimated Costs are based on March 2017 preliminary project cost estimate which includes a 3% escalation rate. zIn accordance with the 2016 Nexus Study, the development share is 73. 5% Montclair, 26. 5% Upland. 3 PAED costs have been invoiced previously and paid in full by both Montclair and SBCTA in 2016. See note 5. 4 Montclair Betterment costs for City sewer main upgrade is to be paid 100% by Montclair; costs shall be paid to SBCTA according to the payment schedule in Attachment C, estimated as $ 20, 000 and $ 119,000 for Design and Construction respectively.
5 Design ( PS& E) DIF shares have been adjusted to reflect Montclair' s full payment of PAED costs and to allow Upland to reconcile their underpayment for PAED costs of$ 56, 431. 6 SBCTA may adjust the percentage of Public Share and Development Share between phases to make the most efficient use of the funds available.

Project Milestones:

Milestone Anticipated Schedule
Start of Project 9/ 2015
Environmental Approval 7/ 2017)
Design Begins 5/ 2018)
Construction Notice to Proceed 2/ 2019)

Page 11 of 13 ends

MONTCLAIR CITY COUNCIL MEETING – 10/05/2026 Page 94 of 234 Attachment S

CONCEPTUAL LAYOUT
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Page 12 of 13 ends

MONTCLAIR CITY COUNCIL MEETING – 10/05/2026 Page 95 of 234 Attachment C

SBCTA/ CITIES PAYMENT SCHEDULE
Phase / Activity Payment Schedule
SBCTA Oversight July/ 2017- Feb/ 2022
Environmental ( PAED) n/ a
Design May/ 2018- Dec/ 2019
ROW July/ 2017- Dec/ 2019
Construction and Landscape Maintenance Feb/ 2019- Feb/ 2022 Notes:

1. Payment for SBCTA oversight shall be equally distributed payments on a quarterly or annual basis beginning in July 2017 through February 2022.

2. Payment for Environmental phase has already been paid in full by City of Montclair and SBCTA in 2016. DIF payments for Design work shall be adjusted to reconcile the
overpayment by Montclair and underpayment by Upland of
56, 431 as shown in Attachment A.

3. Payment for Design work shall be equally distributed payments on a quarterly or annual basis beginning in May 2018 through December 2019.

4. Payment for ROW activities shall be equally distributed payments on a quarterly or annual basis beginning in July 2017 through December 2019.

5. Payment for Construction and Landscape Maintenance work shall be equally distributed payments on a quarterly or annual basis beginning in February 2019 through February 2022.

Page 13 of 13 ends

MONTCLAIR CITY COUNCIL MEETING – 10/05/2026 Page 96 of 234 AGREEMENT NO. 26-65
15-1001291-02

Page 1 of 3 ends

AMENDMENT NO. 2 TO
COOPERATIVE AGREEMENT NO. 15-1001291

BETWEEN

SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY,
CITY OF MONTCLAIR and CITY OF UPLAND
FOR

PLANNING, ENVIRONMENTAL, DESIGN, RIGHT-OF-WAY (ROW),

CONSTRUCTION, LANDSCAPE MAINTENANCE, AND PROJECT CLOSEOUT PHASES FOR THE INTERSTATE 10 (I-10) MONTE VISTA AVENUE INTERCHANGE

IN THE CITY OF MONTCLAIR
This Amendment No. 2 to Cooperative Agreement No. 15-1001291 (“Agreement”) is entered into between San Bernardino County Transportation Authority (“SBCTA” or “AUTHORITY”), the City of Montclair (“MONTCLAIR”) and the City of Upland (“UPLAND”) on the Effective Date with respect to the following facts.

WHEREAS, SBCTA and MONTCLAIR entered into the Agreement on October 07, 2015, to cooperate and jointly participate in completing the planning, project report, and environmental document (PA/ED) phase to improve the I-10 Monte Vista Avenue Interchange, which includes modifications to the existing eastbound and westbound on- and off-ramps, reconstruction of the Monte Vista Avenue undercrossing bridge structure, reconstruction of Palo Verde Street between the eastbound on-ramp and Monte Vista Avenue, and the addition of various turn lanes described in Attachment “A” of the Agreement (“PROJECT”); and WHEREAS, SBCTA, MONTCLAIR and UPLAND approved Amendment No. 1 on September 1, 2017, to include subsequent phases and to add UPLAND as a Party to the Agreement; and
WHEREAS, the Parties now desire to amend the Agreement and extend the term of the Agreement to December 31, 2031.

NOW, THEREFORE, the Parties agree to amend the Agreement as follows:

1. Paragraph B of SECTION I entitled “PARTIES AND TERM:” is deleted in its entirety and replaced with the following:
“B. This Agreement shall terminate upon completion of SBCTA’s management of the planning, environmental, design, right of way (ROW) (to include both acquisition and utility relocation work), construction, landscape maintenance and project (15-80)
MONTCLAIR CITY COUNCIL MEETING – 10/05/2026 Page 97 of 234 AGREEMENT NO. 26-65
15-1001291-02

Page 2 of 3 ends

closeout or December 31, 2031, whichever is earlier in time, except that the indemnification provisions of this Agreement shall remain in effect until terminated or modified, in writing, by mutual agreement of the Parties. Should any claims arising out of this Agreement be asserted against one of the Parties, the Parties agree to extend the fixed termination date of this Agreement until such time as the claims are settled, dismissed or paid.”

2. Except as amended by this Amendment No. 2, all other provisions of the AGREEMENT, as previously amended, shall remain in full force and effect.

3. This Amendment No. 2 will be effective upon execution by SBCTA. ---------------SIGNATURES ARE ON THE FOLLOWING PAGE--------------- MONTCLAIR CITY COUNCIL MEETING – 10/05/2026 Page 98 of 234 AGREEMENT NO. 26-65
15-1001291-02

Page 3 of 3 ends

AMENDMENT NO. 2 TO
COOPERATIVE AGREEMENT NO. 15-1001291

BETWEEN

SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY,
CITY OF MONTCLAIR and CITY OF UPLAND

SAN BERNARDINO COUNTY

TRANSPORTATION AUTHORITY

CITY OF MONTCLAIR
By: By:

Carolyn Schindler Javier “John” Dutrey
Executive Director Mayor, City of Montclair
Date:__________________________ Date:__________________________ APPROVED AS TO FORM ATTEST:

By: By:

Julianna K. Tillquist Andrea Myrick
General Counsel City Clerk
By:

Alicia J. Bullock
Procurement Manager
APPROVED AS TO FORM:

By:

Diane E. Robbins
City Attorney

CITY OF UPLAND
By:

Bill Velto
Mayor, City of Upland
Date:__________________________
APPROVED AS TO FORM:

By:

Thomas Rice
City Attorney
MONTCLAIR CITY COUNCIL MEETING – 10/05/2026 Page 99 of 234

CITY COUNCIL

AGENDA REPORT
DATE: OCTOBER 5, 2026
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 3
FILE I.D.: FLC600/STD200
DEPT.: PUBLIC WORKS
PREPARER: R HOERNING
SUBJECT: CONSIDER APPROVAL OF AGREEMENT NO. 26–66 WITH SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT AND CO–PERMITTEE CITIES FOR IMPLEMENTATION OF

THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM STORMWATER

PERMIT, SANTA ANA REGION, SUBJECT TO ANY REVISIONS DEEMED NECESSARY BY

THE CITY ATTORNEY
REASON FOR CONSIDERATION: The City Council is requested to consider approval of Agreement No. 26–66 with San Bernardino County Flood Control District and co– permittee cities for implementation of the National Pollutant Discharge Elimination System (NPDES) Stormwater Permit, Santa Ana Region, subject to any revisions deemed necessary by the City Attorney.

A copy of proposed Agreement No. 26–66 is attached for City Council review and consideration.

BACKGROUND: The current Municipal Separate Storm Sewer System (“MS4”) Permit is issued jointly to the County of San Bernardino, the San Bernardino County Flood Control District (collectively referred to as “County”), and the sixteen incorporated cities (“co– permittees”) in the Santa Ana River Watershed portion of San Bernardino County. The San Bernardino County Flood Control District is the Principal Permittee. Its primary responsibilities are to administer the overall stormwater program in conjunction with the cities, lead in the development of programs, act as the liaison with water board staff and prepare the consolidated required reports. As part of the requirements of the Permit, all co–permittees are required to enter into an “Implementation Agreement” which specifies the responsibilities of the co–permittees and establishes a cost–sharing formula for the program costs to be borne by each co–permittee.

On April 20,1992 the City Council approved Agreement No. 92–38, the original NPDES Stormwater Implementation Agreement. Subsequently on November 20, 1995, the first amendment, Agreement No. 95–69, was approved, and on September 7, 2010, the second amendment, Agreement No. 10–103, was approved. Proposed Agreement No. 26–66 is considered a new agreement superseding the prior agreement and all amendments thereto.

In 2010, it was determined that the cost–share formula contained ambiguities that prevented the County from annually calculating land use conditions as required under the agreement. As a result, a new Implementation Agreement was developed to establish a revised cost share formula for allocating area–wide NPDES permit program costs among the co–permittees. The updated formula provided a more equitable method for determining each co–permittee’s cost–share percentage by balancing the impacts of population, land area, and equal participation, resulting in a more fair distribution of costs among both large and small jurisdictions.

The proposed new subject Implementation Agreement does not modify the existing cost share formula established in 2010. The current methodology for calculating each co– permittee's share of program costs will remain unchanged.

MONTCLAIR CITY COUNCIL MEETING – 10/05/2026 Page 100 of 234 The most significant revision in the proposed agreement is the elimination of the County overhead rate applied to County staff time spent on area–wide program activities. At one point, this overhead rate reached 117 percent of direct labor costs. Removing the overhead charge will result in substantial savings to the Area–Wide Program budget. For example, in FY 2024/25, the total program budget was $3,944,093, of which approximately $527,000 was attributable to overhead costs.

Additional revisions to the agreement include:
• Modifying meeting requirements to align with the MS4 Permit requirements, or at a minimum, require quarterly meetings.
• Revising the agreement term so that it remains in effect until a new agreement is executed or a party provides a one–year notice of withdrawal. • Establishing a deadline for co–permittees to pay their annual cost share contributions to ensure timely funding of Area–Wide Program activities. • Removing obsolete provisions related to grants received under the American Recovery and Reinvestment Act.

These revisions are intended to streamline the agreement, improve administrative efficiency, reduce program costs, and ensure consistency with current regulatory requirements.

FISCAL IMPACT: The cost share for the member agencies of the Area–Wide San Bernardino County Stormwater Program is calculated using a formula based on an equal share allocation, population, and land area. The resulting cost share percentage is then applied to four program budget categories: Monitoring, Public Education, Program Management, and Training.

The City of Montclair’s percentage share (FY 2026–27) is 1.98 percent of the NPDES Program Budget. For FY 2026/27, the City's cost share percentage is projected to slightly decrease from 2025/26, resulting in an estimated contribution of $52,458.

However, based on the recently released draft Santa Ana Regional Municipal Separate Storm Sewer System (MS4) Permit, implementation costs for the Area–Wide Program are anticipated to increase significantly, which may substantially impact future program costs for all member agencies.

RECOMMENDATION: Staff recommends the City Council approve Agreement No. 26–66 with San Bernardino County Flood Control District and co–permittee cities for implementation of the National Pollutant Elimination Discharge System Stormwater Permit, Santa Ana Region, subject to any revisions deemed necessary by the City Attorney.

MONTCLAIR CITY COUNCIL MEETING – 10/05/2026 Page 101 of 234 AGREEMENT NO. 26-66
1 1 NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
2 STORMWATER PERMIT IMPLEMENTATION AGREEMENT
3 SANTA ANA REGION
4 5
6 This AGREEMENT entered into as of this ____________ by San Bernardino County, (herein 7 called the COUNTY), the San Bernardino County Flood Control District (herein called the 8 DISTRICT), and the Cities of Big Bear Lake, Chino, Chino Hills, Colton, Fontana, Grand 9 Terrace, Highland, Loma Linda, Montclair, Ontario, Rancho Cucamonga, Redlands, Rialto, San 10 Bernardino, Upland, and Yucaipa (herein called the CITIES) establishes the responsibilities of 11 each party with respect to compliance with National Pollutant Discharge Elimination System 12 (NPDES) Stormwater regulations administered by the California Regional Water Quality Control 13 Board, Santa Ana Region (SARWQCB) by the authority granted by the federal Clean Water Act 14 (CWA) and its 1987 amendments and the Water Quality Act (WQA). 15 16 RECITALS
17 18 WHEREAS, Congress in 1987 amended Section 402 of the Federal Clean Water Act (33 19 U.S.C.A. 1342 (p)) to require the federal Environmental Protection Agency (EPA) to promulgate 20 regulations for applications for permits for stormwater discharges; and 21 22 WHEREAS, these permit regulations require the control of pollutants from stormwater 23 discharges by requiring a National Pollutant Discharge Elimination System (NPDES) Permit for 24 the discharge of stormwaters into waters of the United States; and 25 26 WHEREAS, these EPA regulations require NPDES permits for discharges from municipal 27 separate storm sewer systems (MS4 Permit) on a system-wide or jurisdiction-wide basis; and 28 29 WHEREAS, the State Legislature, in enacting the San Bernardino County Flood Control Act, 30 created the San Bernardino County Flood Control District to provide for the control of flood and 31 storm waters; and
32 33 WHEREAS, the Powers granted to the DISTRICT by the San Bernardino County Flood 34 Control Act include carrying on technical and other investigations, examinations, or tests of all 35 kinds, making measurements, collecting data, and making analyses, studies, and inspections 36 pertaining to water supply, control of floods, use of water, water quality, nuisance, pollution, 37 waste, and contamination of water both within and without the DISTRICT; and 38 39 WHEREAS, the CITIES, the COUNTY, and the DISTRICT desire to develop and implement 40 an integrated stormwater discharge management program with the objective of improving water 41 quality in the Santa Ana Watershed portion of San Bernardino County; and 42 43 WHEREAS, the California State Water Resources Control Board (SWRCB) as designee of the 44 EPA has delegated authority to the Regional Water Quality Control Board – Santa Ana Region 45 (SARWQCB) for administration of the MS4 Permit program and issuance of MS4 Permits 46 within the boundaries of their Region; and
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2 47
48 WHEREAS, the DISTRICT, COUNTY, and CITIES have been designated as joint permittees 49 (Permittees) by the SARWQCB for the MS4 Permit issued to the County of San Bernardino; and 50 51 WHEREAS, the DISTRICT has been designated as the Principal Permittee in the MS4 Permit; 52 and
53 54 WHEREAS, the COUNTY and the CITIES have been designated as the Co-permittees in the 55 MS4 Permit; and
56 57 WHEREAS, cooperation between the CITIES, the COUNTY, and the DISTRICT to jointly file 58 an application for the MS4 Permit is in the best interest of the CITIES, the COUNTY, and the 59 DISTRICT; and
60 61 WHEREAS, the Permittees shall establish and maintain a Management Committee to 62 coordinate compliance with MS4 Permit requirements and implement a Stormwater Management 63 Program across all jurisdictions covered by this MS4 Permit; and 64 65 NOW THEREFORE, the parties hereto do mutually agree as follows:
66 67 I. Filing Status. The COUNTY, DISTRICT, and CITIES will jointly file (unless directed to 68 proceed separately by the SARWQCB) the application for an area-wide storm water 69 permit. The COUNTY, the DISTRICT, and each individual CITY will be a Permittee. 70 71 II. Management Committee. The DISTRICT, as Principal Permittee, and COUNTY and 72 CITIES, as Co-permittees, shall support and facilitate compliance with area-wide MS4 73 Permit requirements and implementation of the Stormwater Management Program 74 through the workings of the Management Committee. The responsibilities and structure 75 of this committee shall include:
76 77 A. The purpose of the Management Committee shall be to develop policies, 78 (including goals, needs, and priorities) budgets, and implementation 79 strategies and plans for the area-wide Stormwater Management Program 80 to ensure compliance with the MS4 Permit. The Management Committee 81 shall evaluate implementation options and strategies and recommend 82 implementation actions to the DISTRICT.
83 84 B. Each Permittee shall designate in writing at least one authorized 85 representative and one alternate to participate on the Management 86 Committee. Management Committee designees and alternates shall be 87 authorized by their respective city council or governing board to cast votes 88 on behalf of their jurisdiction to determine Stormwater Management 89 Program budgets and all other program elements required to implement 90 the areawide Municipal Stormwater Management Plan (MSWMP). 91 MONTCLAIR CITY COUNCIL MEETING – 10/05/2026 Page 103 of 234 AGREEMENT NO. 26-66
3 92 C. The Principal Permittee shall serve as the chairperson of the Management 93 Committee.
94 95 D. The Management Committee shall meet at the frequency required by the 96 MS4 Permit or on a quarterly basis.
97 98 E. Ten (10) authorized representatives present in person at a scheduled 99 meeting constitute a quorum for the transaction of business of the 100 Management Committee. If a quorum is not present at a scheduled 101 Management Committee meeting, less than a quorum may adjourn the 102 meeting. For all Management Committee actions other than approval of 103 the budget as set forth in Section VII.C.1. of this AGREEMENT, a 104 majority vote of the quorum shall decide any question brought before the 105 Management Committee for decision.
106
107 F. The Management Committee shall support Stormwater Management 108 Program implementation by providing guidance to the Principal Permittee 109 with respect to stormwater program administration and approving 110 elements of the area-wide MSWMP.
111
112 G. The Management Committee may establish subcommittees to support the 113 work of the Management Committee. Subcommittees shall include 114 interested members of the Management Committee, and/or other Permittee 115 staff with necessary expertise. Subcommittees may develop 116 recommendations for Management Committee consideration. Such 117 recommendations require majority approval by members of the 118 subcommittee on a one vote per Permittee basis.
119
120 H. Approval of Management Committee decisions will require a majority 121 vote of the authorized representatives or alternates in attendance, on a one 122 vote per Permittee basis. In the event that the Management Committee 123 does not approve a subcommittee recommendation, the item will be 124 directed back to the subcommittee for reconsideration. 125
126 I. All parties to this AGREEMENT achieve cost savings by working 127 collectively to implement the areawide stormwater program. To maximize 128 these cost savings, the Permittees agree that:
129
130 1. Each authorized representative shall actively participate in 131 Management Committee meetings;
132
133 2. Each Permittee shall actively participate in at least one 134 subcommittee, either through the authorized representative or other 135 authorized designee. Participation will be defined as attendance at 136 fifty percent (50%) or more of subcommittee meetings held in a 137 given fiscal year.

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4 138
139 III. Principal Permittee Responsibilities.
140
141 The DISTRICT, acting through its Board of Supervisors, is the Stormwater Program 142 Administrator for purposes of this AGREEMENT. The DISTRICT shall have administrative 143 responsibilities and shall be reimbursed for its time expended on behalf of the Stormwater 144 Program. These rates include actual hourly rate including fringe benefits plus any other direct 145 cost(s). Materials are to be reimbursed at direct cost. 146
147 The DISTRICT, while acting as administrator, will strive to implement the policies, budget, and 148 required program elements according to the recommendations of the Management Committee. 149 In turn, the Management Committee will work in good faith with the DISTRICT to make 150 reasonable policy, budget and required program element recommendations to the 151 DISTRICT. The Parties recognize and acknowledge, however, that the DISTRICT, as governed 152 by the San Bernardino County Flood Control District Board of Supervisors, retains final 153 authority regarding the nature and manner in which the recommendations of the Management 154 Committee shall be executed.
155
156 In the event that the DISTRICT proposes to implement an approach different than the one 157 recommended by the Management Committee, the DISTRICT's proposed alternative action shall 158 be communicated to the Management Committee at the next available meeting of the 159 Management Committee. If the Management Committee approves the alternative action, then 160 the cost sharing provisions of this AGREEMENT shall govern the allocation of any costs 161 associated with that alternative action. If, in good faith, the Management Committee does not 162 approve the alternative action, the DISTRICT may implement the alternative action, but the 163 DISTRICT shall be solely responsible for paying the increased costs, if any, resulting from the 164 alternative action. This increased cost shall be measured by the difference between the cost of 165 the alternative action and the estimated cost of the action as reasonably recommended by the 166 Management Committee.
167
168 If the DISTRICT’S proposed alternative implementation action involves an increase in program 169 costs, that alternative implementation action shall not be adopted until such time as each 170 authorized representative of the Management Committee has had 45 days to relay that alternative 171 implementation action to its various governing bodies for approval. CITIES and COUNTY shall 172 have no responsibility for the incremental increase in cost associated with an alternative action 173 that is not approved by the Management Committee after 45 days has passed with the governing 174 bodies failing to approve the alternative implementation action. 175
176 The DISTRICT will act as the contracting party, on behalf of the Co-permittees for Stormwater 177 Management Program contracts and agreements with all consultants, contractors, vendors or 178 other entities as recommended by the Management Committee. 179
180 The DISTRICT, if recommended by the Management Committee, may act on behalf of the Co181 permittees as applicant in preparing and submitting grant proposals, and may act as administrator 182 for any awarded grant funds.
183
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5 184 The DISTRICT, if recommended by the Management Committee, will act on behalf of the 185 Stormwater Program as the contracting party and signatory in joint agreements with other 186 municipal stormwater programs and stakeholders for regional benefits and cooperation. 187
188 As the Principal Permittee under the MS4 Permit, the DISTRICT shall coordinate all area-wide 189 MS4 Permit activities and manage the Stormwater Management Program by:
190
191 A. Conducting chemical, biological and bacteriological water quality 192 monitoring on behalf of the areawide program as required by the MS4 193 Permit.
194
195 B. Implementing management programs, monitoring programs, and related 196 plans as required by the MS4 Permit.
197
198 C. Preparing and submitting to the Executive Officer (SARWQCB) unified 199 reports, plans, and programs necessary to comply with the MS4 Permit. 200
201 D. Coordinating and conducting Management Committee meetings as 202 specified in the MSWMP.
203
204 E. Taking the lead role in initiating and developing area-wide programs and 205 activities necessary to comply with the MS4 Permit. 206
207 F. Participating, as needed, in any subcommittees formed to facilitate MS4 208 Permit requirements.
209
210 G. Providing technical and administrative support and inform the Co211 permittees of the progress of other pertinent municipal programs, pilot 212 projects, research studies, and other information to facilitate 213 implementation of Co-permittees’ stormwater program. 214
215 H. Coordinating the implementation of area-wide Stormwater Management 216 Program activities such as a monitoring program, public education, and 217 pollution prevention.
218
219 I. Gathering and disseminating information on the progress of statewide 220 municipal stormwater programs and evaluate the information for potential 221 use in the execution of the MS4 Permit.
222
223 J. Monitoring the implementation of the plans and programs required by the 224 MS4 Permit and determine their effectiveness in attaining water quality 225 standards.
226
227 K. Coordinating with SARWQCB activities pertaining to implementation of 228 the MS4 Permit, including the submittal of all required reports, plans, and 229 programs.

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6 230
231 L. Soliciting and coordinating public input for any major proposed 232 stormwater management programs and implementation plans. 233
234 M. Developing and implementing mechanisms, performance standards, etc., 235 to promote consistent implementation of Best Management Practices 236 among the Permittees.
237
238 N. Cooperating in watershed management programs and regional and/or 239 statewide monitoring programs.
240
241 IV. Co-permittee Responsibilities. The Co-permittees shall support the Principal Permittee 242 by:
243
244 A. Preparing and submitting to the Principal Permittee in a timely manner 245 all required information necessary to comply with permit reporting 246 requirements. Timely completion of Permittee annual report information 247 is considered meeting the deadline if received on or before September 15th 248 of each reporting year.
249 B. Notifying the Principal Permittee immediately, in writing, of any 250 changes to the designated representative to the Management Committee. 251 C. Reviewing and commenting on all plans, strategies, management 252 programs, and monitoring programs, as developed by the Principal 253 Permittee or a subcommittee of the Management Committee. 254 D. Conducting and/or coordinating with the Principal Permittee on any 255 surveys or characterizations needed to identify pollutant sources from 256 specific drainage areas.
257
258 V. Compliance Responsibilities. The DISTRICT, COUNTY and CITIES are individually 259 responsible for implementing all MS4 Permit requirements within their respective 260 jurisdictions. The Management Committee does not assume any responsibility for 261 implementing the Stormwater Management Programs for the Principal Permittee or any 262 other Permittee or for ensuring that the Principal Permittee or the Co-permittees 263 implement programs consistent with the recommendations of the Management 264 Committee.
265
266 VI. Indemnification and Insurance. Each party shall indemnify, defend, and hold harmless 267 the other parties to this AGREEMENT from and against any and all liability and expense 268 arising from any act or omission of the indemnifying party, its authorized officers, 269 employees, agents, and volunteers in connection with the performance of this 270 AGREEMENT, including, but not limited to reasonable defense costs, reasonable legal 271 fees, claims, actions, damages, liability, and causes of action for damages of any nature 272 whatsoever; provided, however, that no party shall indemnify another party for that 273 party’s own negligence or willful misconduct.

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7 274
275 In the event a party, or parties, to this AGREEMENT is/are found to be comparatively at 276 fault for any claim, action, loss or damage which results from their respective obligations 277 under this AGREEMENT, the party, or parties shall indemnify the other party/parties to 278 the extent of its/their comparative fault. Furthermore, if a party attempts to seek recovery 279 from the other for Workers’ Compensation benefits paid to an employee, the parties agree 280 that any alleged negligence of the employee shall not be construed against the employer 281 of that employee.
282
283 The parties to this AGREEMENT are authorized self-insured public entities for purposes 284 of Professional Liability, Automobile Liability, General Liability, and Workers’ 285 Compensation and warrant that through their programs of self-insurance, they have 286 adequate coverage or resources to protect against liabilities arising out of their 287 performance under this AGREEMENT.
288
289 VII. Program Costs. The responsibilities for payment of all shared costs of equipment, 290 services, contracted analytical services, and the cost of implementing the MS4 Permit, 291 shall be distributed among the DISTRICT, COUNTY, and CITIES as follows:
292
293 A. The DISTRICT shall contribute 5% of the annual Program Costs; the 294 other Permittees shall be responsible for the remaining 95% of the 295 Program Costs.
296
297 B. The annual budget shall separate program costs into four Program Areas:
298
299 1. Monitoring, which shall include any water quality and 300 hydrographic monitoring and laboratory analyses.
301
302 2. Public Education, which shall include all public outreach programs. 303
304 3. Program Management & Regulatory Activities, which includes 305 administrative, reporting and regulatory activities. 306
307 4. Training, which addresses any training conducted to implement the 308 stormwater management program.
309
310 C. The Principal Permittee shall prepare and implement an annual operating 311 budget with the participation of the Permittees. The budget year shall 312 coincide with the fiscal year of the DISTRICT, July 1 – June 30. 313
314 1. The Principal Permittee will forward the annual operating budget 315 for the forthcoming year to the Co-permittees for review and 316 approval. The review period shall be from the first business day of 317 November to the first business day of December of each year. 318 During the review period, the Co-permittees may provide written 319 comments on the budget to the Principal Permittee. The Fiscal MONTCLAIR CITY COUNCIL MEETING – 10/05/2026 Page 108 of 234 AGREEMENT NO. 26-66
8 320 Subcommittee will review the comments on the budget and 321 endorse a draft budget for Management Committee approval. The 322 Management Committee will consider the draft budget for 323 approval at the January meeting. An affirmative response from a 324 majority of the total number of authorized representatives or 325 authorized alternates is required for approval.
326
327 D. For Fiscal Year 2025/26, the Permittees cost share shall be as follows:

PERMITTEE PERCENTAGE SHARE
Big Bear Lake 1.63
Chino 4.93
Chino Hills 5.22
Colton 3.43
Fontana 9.49
Grand Terrace 1.66
Highland 3.62
Loma Linda 2.31
Montclair 2.43
Ontario 9.00
Rancho Cucamonga 8.35
Redlands 5.12
Rialto 5.33
San Bernardino 10.60
Upland 4.14
Yucaipa 4.19
County 13.54
District 5.00
TOTAL 100
328
329 E. For Fiscal Year 2026/27, and all subsequent fiscal years the Permittees 330 cost share shall be determined annually according to the methodology 331 provided in Appendix A.
332 F. For Fiscal Year 2026/27, and all subsequent fiscal years, the Permittees 333 annual cost share shall be calculated by November 1 of each year and shall 334 be included in the annual budget proposal.

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9 335 G. The DISTRICT shall invoice each CITY and the COUNTY for its annual 336 deposit after July 1, the start of the fiscal year. Each CITY and the 337 COUNTY shall pay the deposit within 60 days of the date of the invoice. 338 Each CITY’s and the COUNTY’s deposit shall be based on their prorated 339 share of the approved annual budget, reduced for any surplus identified in 340 the prior fiscal year-end accounting.
341 H. The DISTRICT shall make reasonable efforts to inform the Management 342 Committee during the fiscal year of potential exceedances of the approved 343 budget that may require the Parties to increase the deposits. If at any time 344 during a fiscal year the program costs exceed the sum of the deposits, the 345 DISTRICT shall submit invoices to the CITIES and the COUNTY to 346 recover the deficit. The share for each CITY and the COUNTY shall be 347 prorated according to the formula above (see Paragraphs D and E of this 348 Section). Each CITY and COUNTY shall pay the invoice within 60 days 349 of the billing date.
350
351 I. The DISTRICT shall prepare a fiscal year end accounting at the end of 352 each fiscal year and distribute copies to the Permittees for their review by 353 October 31 of that year. Permittees shall have 30 calendar days from the 354 date of their receipt of the fiscal year end accounting to dispute in writing 355 or concur with the findings. If the fiscal year end accounting results in 356 costs exceeding the sum of the deposits (including interest earnings), the 357 DISTRICT shall invoice each CITY and the COUNTY for its prorated 358 share of the excess cost. Each CITY and the COUNTY shall pay the 359 billing within 60 days of the date of the invoice. If the fiscal year end 360 accounting results in the sum of the deposits (including interest earnings) 361 exceeding costs, the excess deposits will carry forward to reduce the 362 billings for the following year.
363
364 J. Upon termination of the program, a final accounting shall be performed by 365 the DISTRICT. If costs exceed the sum of the deposits (including interest 366 earnings), the DISTRICT shall invoice each CITY and the COUNTY for 367 its prorated share of the excess. Each CITY and the COUNTY shall pay 368 the invoice within 60 days of the date of the invoice. If the sum of the 369 deposits (including interest earnings) exceeds the costs, the DISTRICT 370 shall reimburse to each CITY and the COUNTY its prorated share of the 371 excess (including any interest earnings remaining), within 30 days of the 372 final accounting.
373
374 K. Each CITY and the COUNTY shall bear the financial responsibility for 375 implementing the program within its jurisdictional boundaries, including 376 any applicable MS4 permit fees, as outlined in Section V. 377
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10 378 L. The annual administrative costs (includes actual hourly rate including 379 fringe benefits plus any other direct cost) incurred by the DISTRICT shall 380 be included in the budget for the Areawide Program Costs and paid 381 according to this Section, Section III and Appendix A. 382
383 M. The financial responsibility for this AGREEMENT will be effective on the 384 date this AGREEMENT takes effect.
385
386 VIII. Term of the AGREEMENT. The term of the AGREEMENT coincides with the current 387 MS4 Permit (Order No. R8-2010-0036) and subsequent MS4 Permits that list the 388 DISTRICT, COUNTY, and the CITIES as Permittees. This AGREEMENT shall take 389 effect on the date it is approved by all parties. This AGREEMENT shall terminate upon 390 the effective date of a new implementation agreement approved by all parties which will 391 supersede this AGREEMENT.
392
393 IX. Additional Parties. Any city or other entity which wishes to be a Permittee on the San 394 Bernardino County MS4 Permit that was issued by SARWQCB shall agree to the 395 provisions in this funding agreement and shall sign this AGREEMENT prior to being 396 included in the permit. The date of initiation, for determining participant costs for any 397 new Permittee shall be the date of inclusion in the San Bernardino County MS4 Permit 398 issued by SARWQCB. The cost for adding any additional Permittee to the program, 399 including additional permit and processing fees, shall be paid by the added Permittee. 400 Monies, if any, to be reimbursed to the existing Permittees shall be credited to their 401 respective annual program operating fees for the following budget year. 402
403 X. Withdrawal from the AGREEMENT. A Permittee may withdraw from this 404 AGREEMENT at the end of any fiscal year with written notice being received by the 405 DISTRICT 1 year prior to the end of the fiscal year. A withdrawing Permittee will not be 406 allowed refunds for tasks, projects or studies already underway in which funds have been 407 obligated for the fiscal year.
408
409 The withdrawing Permittee shall be responsible for all assessed penalties as a 410 consequence of withdrawal. The cost allocations to the remaining members will be 411 calculated in the following budget year.
412
413 XI. Breach. Failure to comply with the terms of this AGREEMENT is a breach of the 414 agreement. If a breach is not cured within ninety (90) days after receiving a notice to 415 cure the breach by a permittee, permittee in breach may be terminated from this 416 AGREEMENT by a majority vote of the Management Committee. 417
418 XII. Non-compliance with MS4 Permit Requirements. Any Permittee found in non419 compliance with the conditions of the MS4 Permit within their jurisdictional 420 responsibilities shall be solely liable for any assessed penalties, pursuant to Section 421 13385 of the Water Code. Penalties that apply to all the Permittees shall be assessed 422 according to the formula in Appendix A.
423
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11 424 XIII. Legal Action/Costs/Attorney Fees. Where any legal action is necessary to declare any 425 party’s rights hereunder or enforce any provision hereof for any damages by reason of an 426 alleged breach of any provisions of this AGREEMENT, each party shall bear its own 427 attorney’s fees and costs incurred in conjunction with such legal action regardless of who 428 is found to be the prevailing party. This section shall not apply to those costs and 429 attorney’s fees arising from any third party legal action against a party hereto and payable 430 under Section VI, Indemnification and Insurance.
431
432 XIV. Amendments to the AGREEMENT. This AGREEMENT may be amended by consent of 433 a three-quarters majority of the Permittees (rounded to the nearest whole number). 434 Amendments to this AGREEMENT may be adopted and executed concurrently, and shall 435 become effective upon its execution by a majority of the Permittees as defined above. 436
437 XV. Authorized Signatories: Each Permittee will determine who will be the authorized 438 signatory. This person shall be authorized to execute the application(s) for MS4 Permit(s) 439 and take all other procedural steps necessary to file the application(s) for MS4 Permits. 440
441 XVI. Notices. All notices shall be deemed duly given if delivered by hand; or five (5) working 442 days after deposit in the U.S. Mail, certified mail, return receipt requested. 443
444 XVII. Governing Law. This AGREEMENT will be governed and construed in accordance with 445 laws of the State of California. If any provision or provisions of this AGREEMENT shall 446 be held to be invalid, illegal or unenforceable, the validity, legality, and enforceability of 447 the remaining provisions shall not in any way be affected or impaired hereby. Any legal 448 action which arises out of or is in any way related to this AGREEMENT shall be brought 449 in the Superior Court of the San Bernardino County. 450
451 XVIII. Consent to Breach not Waiver. No term or provision hereof shall be deemed waived and 452 no breach excused, unless such waiver or consent shall be in writing and signed by any 453 Permittee to have waived or consented. Any consent by any Permittee to, or waiver of, a 454 breach by the other whether expressed or implied, shall not constitute a consent to, 455 waiver of, or excuse for any other different or subsequent breach. 456
457 XIX. Reserved.
458
459 XX. Applicability of Prior Agreements. This document constitutes the entire AGREEMENT 460 between the Permittees with respect to the subject matter; all prior agreements, 461 representation, statements, negotiations, and undertakings are superseded hereby and 462 shall be deemed terminated upon the effective date of this AGREEMENT. 463
464 XXI. Execution of the AGREEMENT. This AGREEMENT may be executed in counterpart 465 and the signed counterparts shall constitute a single instrument. 466
467 XXII. No Separate Entity. This AGREEMENT established a framework for PERMITTEE 468 cooperation on storm water issues. Nothing in this AGREEMENT shall be construed to 469 create an entity separate from the local agencies that join in this cooperative effort.

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12 470
471 IN WITNESS WHEREOF, the AGREEMENT has been executed as of the day and year first 472 above written.
473
474 PLEASE INSERT YOUR AGENCY’S STANDARD SIGNATURE PAGE. 475
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13 476 APPENDIX A
477
478 A. The DISTRICT shall pay five percent (5%) of the total annual cost, and the COUNTY 479 and the remaining Co-permittees, collectively, shall pay the remaining ninety-five percent 480 (95%) of the total annual cost pursuant to the formula set forth in Paragraph C, below. 481
482 B. The Permittees total annual cost share is the sum of the individual cost-shares calculated 483 for each Program Cost Area.
484
485 C. The Permittees annual cost share for each Program Cost Area (PCAi) shall be calculated 486 using three cost factors:
487
488 1. Base, which represents the percentage of the program costs equally applied to all 489 Permittees. The base (B) fraction is calculated as follows:
490
491 B = 1/N, where N = number of Permittees
492
493 2. Relative Population, which represents the percentage of the program costs based 494 on the relative population of each Permittee. Relative population (RP) of each 495 Permittee shall be calculated annually from annual population estimates issued by 496 the California Department of Finance (E-1 Table).
497
498 RPi = (Pi/Ptotal), where
499
500 RPi = relative population of Permittee (i)
501 Pi = population of Permittee (i)
502 Ptotal = total population for area covered by the area-wide permit 503
504 3. Relative Land Area, which represents the percentage of the program costs based 505 on the relative land area of each Permittee. Relative Land Area (RLA) shall be 506 calculated as follows:
507
508 a. The calculation of relative land area within each Permittee’s jurisdiction 509 shall exclude land under tribal, state or federal jurisdiction, or any land 510 excluded by the State Water Resources Control Board. Any Permittee 511 seeking to exclude lands under this Section shall specifically request that 512 exclusion from the Principal Permittee by providing the request in writing 513 along with necessary documentation no later than October 1 to be 514 considered for inclusion in the next year’s annual budget. The requesting 515 Permittee has the burden of proving entitlement to any exemption so 516 requested.
517
518 b. The method for calculating relative land area shall be determined from the 519 Assessor’s Parcel data provided by the COUNTY Information Services 520 Department.
521
MONTCLAIR CITY COUNCIL MEETING – 10/05/2026 Page 114 of 234 AGREEMENT NO. 26-66
14 522 RLAi = (Li/Ltotal), where
523 RLAi =relative land area of Co-permittee (i)
524 Li = land area of Co-permittee (i), less excluded lands 525 Ltotal = total land area under permit jurisdiction
526
527 D. The Permittee’s cost share for each individual Program Cost Area is based on the relative 528 importance of the cost factors to the Program Cost Area. The cost share calculation for 529 each Program Cost Area is as follows:
530
531 PCAi = [(B * Xi * ABi) + (RPi * Yi * ABi) + (RLAi * Zi * ABi)] 532
533 Where,
534
535 PCAi = Permittee’s cost share for PCAi
536 ABi = Annual budget for PCAi
537
538 B = Base fraction for each Permittee
539 Xi = Percentage apportioned to the base for PCAi
540
541 RPi = Relative population of Permittee(i)
542 Yi = Percentage apportioned to relative population for PCAi 543
544 RLAi = Relative land area of the Permittee(i)
545 Zi = Percentage apportioned to relative land are for PCAi 546
547 E. The Permittee’s total annual cost share shall be calculated by summing the cost shares 548 calculated for each individual Program Cost Area:
549
550 Permittee’s annual cost share = PCA1 + PCA2 + PCA3 + PCA4 551
Table 1. Budget Year [DATE]
Program Cost Areas
(PCAi)
Percent of the Program Cost Area
Apportioned to each Cost Factor
Base
(Xi)
Relative
Populatio
n (Yi)
Relative
Land
Area (Zi)
Monitoring (PCA1) 10% 30% 60%
Public Education (PCA2) 10% 80% 10%
Program Management &
Regulatory Activities
(PCA3)
30% 50% 20%
Training (PCA4) 30% 60% 10%
552
MONTCLAIR CITY COUNCIL MEETING – 10/05/2026 Page 115 of 234 NPDES STORMWATER PERMIT – SANTA ANA REGION AGREEMENT NO. 26-66

IMPLEMENTATION AGREEMENT
IN WITNESS WHEREOF, the AGREEMENT has been executed this ____ day of ____________________, 2026.

CITY OF MONTCLAIR
Javier “John” Dutrey, Mayor
Dated:

ATTEST
Andrea Myrick, City Clerk
Dated:

APPROVED AS TO LEGAL FORM
Diane E. Robbins, City Attorney
Dated:

MONTCLAIR CITY COUNCIL MEETING – 10/05/2026 Page 116 of 234

CITY COUNCIL

AGENDA REPORT
DATE: OCTOBER 5, 2026
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 4
FILE I.D.: PDT175/PDT260
DEPT.: POLICE
PREPARER: M. ZERR
SUBJECT: CONSIDER APPROVAL OF AGREEMENT NO. 26–67 WITH HOSPITAL ASSOCIATION OF

SOUTHERN CALIFORNIA FOR REDDINET ACCESS TO PROVIDE COMPUTERIZED

COMMUNICATION THROUGH THE HASC NETWORK

CONSIDER AUTHORIZING POLICE CHIEF JASON REED TO SIGN SAID AGREEMENT REASON FOR CONSIDERATION: The City Council is requested to consider approval of Agreement No. 26–67 with Hospital Association of Southern California (HASC) for ReddiNet access to provide computerized communication through its network. The City Council is also requested to consider authorizing Chief Reed to sign said agreement.

Proposed Agreement No. 26–67 has been reviewed by the City Attorney and is attached for the City Council’s review and consideration.

BACKGROUND: ReddiNet is a computerized communication software which enables immediate messaging to all hospitals on the HASC network. The system is utilized by dispatch to make notifications during active criminal or missing person investigations to medical facilities regarding potentially injured suspects or victims. The system allows for mass messaging to be sent out to the facilities rather than a dispatcher calling the medical facilities individually, which improves efficiency by allowing the dispatcher to perform other essential duties. For many years, the Police Department has obtained these services through the California Department of Forestry and Fire Protection (CAL FIRE) as part of CAL FIRE’S contract with HASC. CAL FIRE is no longer offering to include the Montclair Police Department in its contract with HASC; thus, the Department must contract directly with HASC for ReddiNet access.

FISCAL IMPACT: HASC’s rate for 2026 is $869 for ReddiNet access. If authorized by the City Council, funding for Agreement No. 26–67 would result in an expenditure of $869 from Communications Special Contract Services Account No. 1001–4427–52450– 400–00000 for Fiscal Year 2026–27. Additional years of service would then be included in the Police Department’s future annual budgets.

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

1. Approve Agreement No. 26–67 with Hospital Association of Southern California for access to ReddiNet services to provide computerized communication through the HASC network; and

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

MONTCLAIR CITY COUNCIL MEETING – 10/05/2026 Page 117 of 234 REDDINET® MASTER AGREEMENT
This Software License and Support Agreement (this “Agreement”) is made by and between the Hospital Association of Southern California (“HASC”) and the City of Montclair Police Department (the “Customer”), located in the county of San Bernardino, as of .

RECITALS
HASC has established the ReddiNet® computerized emergency communications network (the “System”), to provide an emergency communications link with all participating customers.

HASC is a trade association with the technical and centralized resources which enable it to effectively administer ReddiNet® system-wide support, and Customer wishes to participate in the System, subject to the terms and conditions set forth below.

Therefore, in consideration of the foregoing premises and the covenants and promises described below, the parties agree as set forth below.

1. Deliverables. Customer and HASC hereby agree that, in accordance with and subject to the terms and conditions of this Agreement, HASC will provide the following items and services that are checked in the Deliverables Ordered column (the “Deliverables”):

DELIVERABLES ORDERED DELIVERABLES

SOFTWARE MODULES
N/A Status
N/A Mass Casualty Incident
N/A Assessment
X Messages
N/A Bed Capacity
X Alerts
X Reports
N/A Resource Request

ADDITIONAL FUNCTIONALITY
N/A Application Programming Interface
N/A Family Reunification Center

HARDWARE SUPPORT SERVICES
N/A Dedicated ReddiNet Unit, Satellite Dish, and
Connection Hardware
N/A Alerting Hardware
Agreement No. 26-67
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ReddiNet Software License and Support Agreement

2. Fees and Payment. HASC will invoice Customer in advance for any initial fees and annual fees hereunder, in accordance with Appendix A for the Deliverables ordered by Customer, and Customer will pay HASC in accordance with the payment terms described below:

2.1 In the event HASC has not received payment in full due under this Agreement within 30 days after Customer’s receipt of an invoice, in addition to its other remedies provided herein, HASC shall add a service charge to the amount due in an amount equal to the lesser of one percent (1%) per month or the maximum allowed by law, which service charge shall be prorated on a daily basis.

2.2 In addition to the fees described in Appendix A, Customer shall pay HASC upon receipt of any invoice for any taxes, duties, excises or any other similar government charges (except those based on HASC’s net income), which HASC may be required to collect or pay upon the sale, use, licensing, or delivery of the Deliverables or any other matter related to this Agreement.

2.3 Fee Adjustments

2.3.1 HASC may increase any or all of its fees as of such upcoming anniversary date without any limitation pursuant to Section 3.3.1 or otherwise, provided that Customer may terminate this Agreement upon notice to HASC within 30 days of its receipt of any such notice.

2.3.2 The parties hereto may upon mutual agreement at any time adjust the fees hereunder.

3. Term and Termination

3.1 Term. This Agreement shall be effective (the “Effective Date”) as of the later of (1) the date referenced in the initial paragraph, and (2) the actual activation of ReddiNet.

HASC and Customer understand and agree that the Commencement Notification regarding the term of this Agreement will automatically renew for one-year periods unless either party gives the other party at least 60 days’ notice prior to any renewal date.

3.2 Termination by Either Party for Cause. Either HASC or Customer may terminate this Agreement with prior notice to the other of any material breach of this Agreement, provided the injured party has given the other party notice of such breach and there has been a failure to cure such breach within 30 days after receipt of such notice.

3.3 Termination by HASC. HASC may also immediately terminate this Agreement with prior notice to Customer if any of the following occur:

3.3.1 Customer fails to comply with its obligations under Section 4 of Appendix B;

3.3.2 Customer fails to make payments as required in this Agreement MONTCLAIR CITY COUNCIL MEETING – 10/05/2026 Page 119 of 234 -3-
ReddiNet Software License and Support Agreement

3.4 Governmental or Vendor Actions. In the event any governmental body having jurisdiction over any aspect of HASC’s business, or any telecommunications carrier for HASC’s Communication Services or the System, issues any opinion, rule, tariff, schedule, guidelines, order, or other directive of any nature which prevents HASC from providing part or all of HASC’s Communication Services or the System or otherwise affects any aspect of HASC’s business, HASC may, upon 45 days’ prior notice, terminate this Agreement without any liability.

3.5 Modification or Discontinuance. HASC may modify or discontinue Communication Services, the System or Customer’s use of the System on 60 days’ notice.

HASC shall not be liable to Customer for any such modification or discontinuance. In addition, if HASC loses its right to provide any or all of its Communication Services, HASC may terminate this Agreement in whole or in part on 30 days’ notice.

3.6 Termination for Convenience. Either party may terminate this Agreement for any reason upon 60 days’ written notice to the other party.

3.7 Customer’s Return of Deliverables. Upon termination of this Agreement, Customer shall immediately return to HASC any Deliverables in Customer’s possession. Customer shall also return proprietary training and service manuals and any promotional or advertising materials relating to the Deliverables or System to HASC. Customer shall notify HASC of other HASC proprietary materials that Customer is not able to return to HASC, and upon HASC’s request Customer shall destroy other HASC proprietary materials that Customer does not return to HASC and certify such destruction in writing. Thereafter, Customer shall not be permitted to participate in the System unless Customer enters into a new written agreement under terms agreeable to HASC.

3.8 Customer’s Obligation to Pay. Termination of this Agreement shall not relieve Customer of its obligation to pay all HASC fees and invoices accruing prior to termination.

3.9 Suspension of Performance. If either party defaults in the performance of its obligations under this Agreement, the other party may, in addition to its other available remedies in this Agreement, at law, or in equity, suspend performance of its obligations until such default is corrected.

3.10 Survival. The termination of this Agreement shall not create any rights or remedies that the parties did not have during the term of this Agreement. Any issues arising under this Agreement shall be addressed in accordance with this Agreement both during and following the term of this Agreement.

4. Indemnification. Each party shall indemnify, defend, and hold the other harmless (including its Special Districts, elected and appointed officers, shareholders, representatives, affiliates, directors, employees, and agents) from and against any and all liability, including but not limited to demands, claims, actions, fees, costs, and expenses (including reasonable attorney and expert witness fees), arising from any injury or damage to any MONTCLAIR CITY COUNCIL MEETING – 10/05/2026 Page 120 of 234 -4-
ReddiNet Software License and Support Agreement
person or property arising from the acts or omissions of the party in connection with the party’s performance under this Agreement.

5. Miscellaneous

5.1 Modifications. No modifications or amendments to this Agreement and no waiver of any provisions hereof shall be valid unless in writing and signed by duly authorized representatives of the parties.

5.2 Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. The parties agree that the State of California shall be the exclusive forum for any action brought under this Agreement.

5.3 Limitations on Actions. No actions or claims of any form arising from this Agreement or the use of the Deliverables may be brought by either party more than four years after the facts giving rise to the cause of action have arisen.

5.4 Notices. Notice will be deemed to be given by the parties under this Agreement if in writing and personally delivered or first sent via facsimile then mailed by first-class registered or certified mail, postage prepaid, to the addresses noted below the signatures on this Agreement. Each party will provide notice to the other of changes to such addresses.

5.5 Section Headings. The Section headings throughout this Agreement are for reference purposes only, and the words contained within such headings shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement.

5.6 Force Majeure. Neither party to this Agreement shall be liable or in default for any loss, damage, or delay in its performance of this Agreement, except for delays in payment, if such loss, damage or delay shall be due to any cause whatsoever beyond its reasonable control, including, but not limited to, acts of God, acts or regulations or decrees of any government, earthquake, flood, fire, power blackout, unusually severe weather, acts of the enemy, events or war, embargo, strike, lock-out, dispute with work persons, accidental delay in transportation, shortage of fuel or supplies, inability to obtain materials, or other causes. In the event of such delay, the time for performance under this Agreement shall be extended for the time necessary to complete performance if the party incurring the delay exercises due diligence as the circumstances require.

5.7 Severability. If any term or condition of this Agreement shall to any extent be held invalid or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall not be affected thereby, and each term and condition shall be valid and enforceable to the fullest extent permitted by law.

5.8 Assignment. Either party may assign this Agreement, convey its interests in the Deliverables, delegate its duties, or assign the right to receive payments without the other party’s consent, except Customer may not assign this Agreement, delegate its duties or transfer its interests under this Agreement to a competitor of HASC without HASC’s prior written MONTCLAIR CITY COUNCIL MEETING – 10/05/2026 Page 121 of 234 -5-
ReddiNet Software License and Support Agreement
consent. Any attempted assignment or transfer in contravention of this Section shall be null and void. This Agreement shall be binding on successors and assigns of the parties, if any.

5.9 Nonwaiver. Any failure or delay by either party to exercise or partially exercise any right under this Agreement shall not be deemed a waiver of any of the rights, powers, or privileges under this Agreement.

5.10 Full Cooperation of Customer. Customer agrees that it will provide its full cooperation to HASC with regard to all aspects of this Agreement, and understands that, without such cooperation, the timely completion of this Agreement will be impossible. Such cooperation includes, but is not limited to, access to all necessary personnel, procedures, data for testing and documents of Customer on an as-needed basis.

5.11 Books, Records and Audit. HASC shall maintain books and records relating to all transactions occurring pursuant to this Agreement for a period of three years following termination of this Agreement. Customer and its duly authorized representatives shall have the right upon reasonable notice and at all reasonable hours of normal business days to examine and to copy such records and materials in the possession or under the control of HASC with respect to this Agreement. The cost of such audit or inspection shall be borne by Customer.

All information examined, made available and copied by Customer and its representatives shall be deemed to be HASC’s confidential information and subject to the same protections as the HASC Materials under Section 4.2 of Appendix B.

5.12 Delegation of Authority to HASC.

5.12.1 Customer delegates to HASC the authority to enter into such agreements with vendors or suppliers as are necessary to (1) provide, service and maintain the Deliverables; (2) provide training of Customer employees in the use of the Software; (3) provide administrative support; and (4) take other such additional steps as are appropriate to accomplish the foregoing. Customer shall not directly contact any such vendor or supplier without HASC’s prior written approval, and shall promptly provide HASC with any copies of correspondence, in any medium, between Customer and any such vendor or supplier.

5.13 Acknowledgment of Understanding – Entire Agreement. Customer acknowledges that it has read this Agreement, understands it and agrees to be bound by its terms and conditions. Customer and HASC agree that this Agreement is subject to the terms and conditions of Appendix A (Pricing Schedule) and Appendix B (Standard Terms and Conditions) which are attached hereto and incorporated herein by this reference as they apply to Customer.

Customer also agrees that this Agreement is the complete and exclusive statement of the agreement between HASC and Customer and supersedes all proposals, representations or prior agreements, oral or written, and any other communications between HASC and Customer relating to the subject matter of this Agreement, including without limitation prior agreements relating to the System. This Agreement may not be amended, except by an agreement in writing which is signed by authorized representatives of HASC and Customer. HASC may provide additional Deliverables or modify the Deliverables provided under this Agreement, at thencurrent prices, where the parties mutually agree to such modification in a purchase order or other signed writing.

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ReddiNet Software License and Support Agreement

5.14 Equipment

5.14.1 Equipment Provided Under This Agreement. To the extent Customer obtains any equipment under this Agreement, Customer shall be responsible, at its sole cost and expense, to replace any such equipment as may be necessary, except to the extent expressly provided otherwise in this Agreement.

THE CITY OF MONTCLAIR POLICE

DEPARTMENT

HOSPITAL ASSOCIATION OF

SOUTHERN CALIFORNIA
By: By:

Date: Date:

Printed Name: Printed Name: George Greene
Title: Title: President and Chief Executive
Officer
Notice of Address: Notice of Address:
515 South Figueroa St, Suite 1300
Los Angeles, CA 90071-3300
Operational Review
HASC Legal Review
MONTCLAIR CITY COUNCIL MEETING – 10/05/2026 Page 123 of 234 A-1
ReddiNet Software License and Support Agreement
APPENDIX A – PAYMENT TERMS
Appendix A-1 – Software Fees
ReddiNet® Pricing Schedule-Software 2026
Deliverables Annual Fee per
Organization
Status Module - ED capacity updates and availability of emergency resources to support patient care and transport. N/A
Mass Casualty Incident Module - Manage MCIs. Notify responders; assess ED capacity; dispatch, re-route and arrive ambulances; locate transported and walk-in patients. N/A Assessment Module - Poll healthcare providers for available resources, the status of property, personnel and supplies, track trends, and coordinate resources. Create pre-set and ad hoc polls. N/A Messages Module - Send and receive written communication directly with every participant in your network and within your self-selected out of network providers. Set message templates. $869 Bed Capacity Module - Record and view current and projected bed availability for hospitals and long-term care facilities including HAvBED data and patient census. N/A Alerts - Via remote devices, receive self-selected alerts including messages, ED status changes, MCI notifications, and disaster warnings. Included
Reports - Produce point in time and historical reports from your subscribed module(s). Included Resource Request - Submit Resource Request(s) to Emergency Medical Services Agency (EMSA) or Public Health (PH). EMSA/PH will have the ability to acknowledge and manage the request(s).

N/A
Family Reunification Center – Record and view missing persons and unaccompanied minors to facilitate family reunification and victim identification. Interfaces with MCI Module. N/A *NOTE: Access to ReddiNet modules for specific responders is granted with the consent of local EMS agencies.

Training: Resources include a User Guide, a simulation Training County for interactive practice, specialty webinars and Help and Support documents.

Note: Pricing does not include California state sales and use tax, if applicable.

MONTCLAIR CITY COUNCIL MEETING – 10/05/2026 Page 124 of 234 B-1
ReddiNet Software License and Support Agreement
APPENDIX B – SOFTWARE

1. SOFTWARE LICENSE

1.1 Grant of License. HASC hereby grants, and Customer accepts, a nontransferable, nonexclusive license to use the software modules ordered in the Agreement and the Documentation (as defined below) only in accordance with the terms and conditions in this Appendix B and the other parts of the Agreement (the “Software”).

1.2 Limitations on License. Customer may not copy, disassemble, decompile, reverse engineer, modify, translate, display, sell, sublicense, lease, rent, assign or otherwise transfer, use or make available or disclose the Software in any form, in whole or in part, to any third party, without the prior written consent of HASC. Customer will take appropriate action by instruction, agreement or otherwise with persons permitted access to the Software to satisfy its obligations under the Agreement with respect to protection of the Software.

1.3 Copies. No copies of the Software may be produced by Customer.

1.4 Title. Title to and all rights and interests in the Software and its code are the exclusive proprietary property of HASC and are protected by copyright, patent and trade secret laws. The original and any Copies, in whole or in part, including translations, compilations, copies with modifications, enhancements, derivative works, and updated versions are and shall remain the exclusive property of HASC. Customer will take all steps necessary to protect HASC’s proprietary rights and confidentiality in the Software, including, but not limited to, the proper display of copyright, trademark, trade secret and other proprietary notices on any copies of the Software. Except for the license granted under the Agreement, nothing in the Agreement shall be construed as transferring to Customer any right, title, or interest in the Software or any portions thereof, or as conferring any license or other right, by implication, estoppel or otherwise under any trade secrets, trademark, proprietary right, copyright, patent or otherwise. Customer shall not alter or remove from the Software or other proprietary HASC materials or data any notices or identification which indicate ownership of HASC.

1.5 Documentation. HASC will provide to Customer User Guides.

2. SOFTWARE SUPPORT SERVICES

2.1 HASC agrees to provide the software support services described in this Section 2 (“Software Support Services”).

2.2 The specifications for the Software shall be the documentation for the Software provided by HASC to Customer (the “Software Specifications”). HASC will use commercially reasonable efforts to correct all failures of the Software to operate substantially in accordance with their Software Specifications (“Software Error(s)”).

2.3 HASC will provide enhancements and modifications to the Software that are made generally available at no additional charge to HASC’s other ReddiNet® customers receiving Software Support Services similar to the Software Support Services provided MONTCLAIR CITY COUNCIL MEETING – 10/05/2026 Page 125 of 234 B-2
ReddiNet Software License and Support Agreement
hereunder. Customer must purchase any additional equipment and third-party software which HASC deems required, in its reasonable technical and business judgment, to continue the basic functionality of the Software. If Customer does not purchase such additional equipment and third-party software, HASC shall be entitled to terminate the Agreement in accordance with Section 3.2 of the Agreement. New releases and new versions of the Software (including, but not limited to, significant new software functionality which are not made generally available to HASC’s other customers at no additional charge) are not provided hereunder, but will be made available at HASC’s then current fees for such items. Enhancements and modifications to, and new releases and new versions of, the Software, shall be included in the definition of “Software” for purposes of the Agreement.

2.4 HASC will provide commercially reasonable telephone assistance to Customer’s employees in identifying, verifying, isolating and resolving Software Errors. Such telephone assistance will be provided as a supplement to, rather than a substitute for, adequate training for Customer and its users.

2.5 HASC will not be required to correct or perform maintenance or Software Support Services for the following:
(a) Software Errors caused by any modifications of the Software or related hardware by any party other than HASC;
(b) problems related to hardware or software not provided by HASC; (c) Customer’s failure to use enhancements, programming Software Error corrections, or the most current release of the Software provided by HASC; (d) Customer’s failure to use the Software in accordance with the terms of the Agreement;
(e) problems related to Customer’s combination, operation, or use of the Software with non-HASC software or equipment unless such software or equipment was authorized by HASC; or

2.6 HASC shall provide the Software Support Services in the following manner:
(a) Non-emergency Software Support Services between the hours of 9:00 a.m. and 5:00 p.m. (Pacific Time), Monday through Friday, except during the following HASC holidays: New Year’s Day, Martin Luther King, Jr. Day, President’s Day, Memorial Day, Juneteenth, Independence Day, Labor Day, Thanksgiving Day, the day after Thanksgiving Day, and December 25 through December 31.
(b) Emergency Software Support Services via telephone, 24-hours-a-day, 7- days-a-week. For purposes of the Agreement, “Emergency Software Support Services” will mean Software Support Services required to maintain Software availability. Emergency Software Support Services do not include operator instruction, user training, or other problems which could be handled by Customer through adequate training. Customer may contact HASC by telephone for the Emergency Software Support Services at any time and HASC will make MONTCLAIR CITY COUNCIL MEETING – 10/05/2026 Page 126 of 234 B-3
ReddiNet Software License and Support Agreement
commercially reasonable efforts to respond within two hours after receiving a telephone request from Customer.
(c) HASC shall be under no obligation to provide the Software Support Services if the following occur:
(i) Customer fails to perform its obligations in Section 2.8; (ii) any failure in performance or loss or damage under the Agreement due to any cause beyond either party’s reasonable control; (iii) failure by Customer to maintain site specifications recommended in writing by HASC;
by HASC;
(iv) failure by Customer to apply updates to the Software as requested (v) Customer makes any addition of hardware or software for which Customer has not received prior written approval from HASC; or (vi) there is a failure of the Software or any part thereof which is attributable to: (A) inappropriate or unauthorized use; (B) accident, neglect, misuse or abuse; or (C) exposure of the Software to potentially harmful environmental, electrical, or operating conditions.

2.7 HASC may, as it deems required in its reasonable technical and business judgment, modify or enhance the Software.

2.8 HASC and Customer agree to the following:
(a) Customer shall designate one person and one alternate to serve as HASC’s support contact (the “ReddiNet® Coordinator”) and Customer’s management representative, to perform certain obligations of Customer under the Agreement, and to facilitate HASC’s performance of the Software Support Services. Only the ReddiNet® Coordinator will be authorized to request and receive Software Support Services provided hereunder on behalf of Customer. Customer may change its ReddiNet® Coordinator at any time by notice to HASC; (b) Customer understands and acknowledges the need for centralized administration, maintenance, and support of the Software and agrees to utilize only the Software Support Services of HASC and its subcontractors in connection with the Software Support Services, unless otherwise approved in advance and in writing by HASC; (c) Customer shall provide HASC with notice of changes to the Software or any other vital Software component made by any employee, contractor or agent of Customer.

Such changes, without the prior express written consent of HASC, will relieve HASC of any and all obligations to provide the Software Support Services; and MONTCLAIR CITY COUNCIL MEETING – 10/05/2026 Page 127 of 234 B-4
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2.9 If HASC provides Software Support Services as a result of any of the causes listed in Sections 2.5 or 2.6(c) of this Appendix B, such Software Support Services will be provided at HASC’s then-current time and materials rates, including reimbursement for travel expenses. Such rates as of the Effective Date, which are subject to change, are set forth in Appendix A.

2.10 Reinstatement Fee. If Customer desires to renew the Software Support Services of HASC after a period of noncoverage under the Agreement, Customer will pay HASC a reinstatement fee designated by HASC to update the Software to the then-current version.

Customer will be responsible for any additional hardware or third-party software which HASC deems required to utilize the then-current version of the Software.

3. DATA AND DATA TRANSMISSION

3.1 Data Transmission. HASC will make commercially reasonable efforts to provide access to and use of the System.

3.2 Data Sharing and Ownership. Customer and HASC may share data for the purposes of this Agreement. Data that Customer produces and sends to HASC or another party pursuant to this Agreement shall remain the exclusive property of Customer (“Customer Data”).

Data produced or modified by HASC, including the format and arrangement of such data, shall remain the exclusive property of HASC. Each party understands and agrees that data transmitted over the System (including Customer Data) may be shared with government and other entities and customers, and it may be subject to disclosure under public records laws.

3.3 Data License. Customer grants to HASC a nonexclusive, royalty-free, perpetual, worldwide license to use, reproduce, modify, sublicense and distribute Customer Data to HASC’s other customers and government entities subject to the applicable government laws, regulations governing Customer Data.

3.4 Data Warranty. Customer shall be responsible for its Customer Data entry activities, and for the accuracy of any Customer Data delivered to HASC or another party pursuant to the Agreement. Customer represents and warrants that Customer Data is true and accurate data and information, to the best of Customer’s knowledge. Customer shall promptly correct any errors in such Customer Data. HASC shall not be responsible for errors in Customer Data or data entry done by Customer, or for errors in the Deliverables that result from errors in Customer Data, data entry done by Customer or Customer’s failure to comply with the Agreement. Customer is responsible for complying with applicable federal, state, or local laws and/or regulations that apply to the delivery of Customer Data to HASC and that apply to the use and/or disclosure of such Customer Data as set forth under the Agreement.

3.5 System Disclaimer. Customer understands and agrees that temporary interruptions to the System may occur which will prevent access to and use of the data, including during power outages, internet downtime, installation and/or maintenance of the System, and other events described in Section 5.6 of the Agreement (Force Majeure). HASC shall not be liable to Customer or any other person or entity for any interruption in the System not caused by HASC’s willful misconduct.

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3.6 Exclusive Remedy. In the event that data to be transmitted through the use of the Software or by or through the System is interrupted, inaccurately transmitted, or not transmitted directly as a result of HASC’s failure to perform its obligations under the Agreement (collectively, “Transmittal Error(s)”), Customer’s sole and exclusive remedy shall be that HASC will: (1) use commercially reasonable efforts to retransmit the data; or (2) if HASC is unable to retransmit the data, in HASC’s judgment, HASC will give Customer a pro rata refund of the fees paid by Customer to HASC under this Agreement for the remainder of the term and the Agreement will terminate; or (3) if the Transmittal Error(s) results in substantial damage to Customer and HASC does not terminate the Agreement, then HASC’s only obligation and sole liability to Customer shall be limited to granting Customer credits equal to Customer’s reasonable out-of-pocket expenses, as reasonably mitigated by Customer, which Customer can demonstrate are directly attributable to the Transmittal Error(s) by HASC or HASC’s vendors, but in no event shall such credits during any one calendar year in the aggregate exceed the lesser of: (i) three times the average monthly revenue received by HASC from Customer for the Deliverables which contained the Transmittal Error(s) over the preceding 12 months (or such lesser time if this Agreement has been in effect for less than 12 months); or (ii) Five Thousand Dollars ($5,000).

3.7 Claim Assertion. Any claim by Customer under this Section must be asserted by Customer in writing within 30 calendar days after Transmittal Error(s), except that, if such Transmittal Error(s) is not reasonably detectable within such 30-day period by Customer in the exercise of due diligence, then such claim must be asserted no later than ten calendar days after the actual discovery by Customer of such Transmittal Error(s) and within 180 calendar days after the Transmittal Error(s). Customer agrees to supply the requested documentation necessary to support any claim asserted under this Section.

4. OTHER OBLIGATIONS

4.1 Confidentiality and Protection
(a) Customer will maintain the confidentiality of, and protect from theft and unauthorized copying, the Deliverables, any copy made of the Software, and any documentation or information regarding the Deliverables (“HASC Materials”) provided to Customer. Customer shall limit access to the HASC Materials to Customer’s employees, independent contractors, directors and agents with authorization for and subject to written confidentiality obligations for their use. Customer shall also maintain the confidentiality of any information or data retrieved by Customer over the System regarding any other ReddiNet® customers (“ReddiNet Customer Information”). Customer shall not disclose, publish or release any ReddiNet Customer Information to any third party, and will keep all ReddiNet Customer Information in strict confidence, unless otherwise authorized in writing by the specific ReddiNet® customer to which such ReddiNet Customer Information relates or except for ReddiNet Customer Information provided to HASC by Customer. HASC will maintain the confidentiality of, and protect from theft and unauthorized copying, any proprietary documentation or information of Customer (“Customer Materials”) provided to HASC. HASC shall limit access to the Customer Materials to HASC’s employees, independent contractors, directors and agents with authorization for their use. Except as is necessary for the performance of its obligations under this Agreement, HASC MONTCLAIR CITY COUNCIL MEETING – 10/05/2026 Page 129 of 234 B-6
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shall not disclose, publish or release any Customer Materials to any third party, and will keep all Customer Materials in strict confidence, unless otherwise authorized in writing. (b) Customer shall promptly provide notice to HASC after obtaining knowledge of the existence of any circumstances surrounding any actual or suspected unauthorized knowledge, possession or use of HASC Materials or ReddiNet Customer Information and shall cooperate with HASC in taking action against unauthorized users, and HASC shall promptly provide notice to Customer after obtaining knowledge of the existence of any circumstances surrounding any actual or suspected unauthorized knowledge, possession or use of Customer Materials and shall cooperate with Customer in taking action against unauthorized users.
(c) Because of the unique nature of the HASC Materials, ReddiNet Customer Information and Customer Materials, each party understands and agrees that, in the event that either party fails to comply with any of the terms of this Section 4.1, the other party (the “Nonbreaching Party”) will suffer irreparable and extreme harm and monetary damages may be inadequate to compensate the Nonbreaching Party for such breach. Accordingly, each party agrees that the Nonbreaching Party will, in addition to any other remedies available to it at law or in equity, be entitled to injunctive relief to enforce the terms of this Section 4.1.

4.2 Protected Health Information. The parties shall comply with the provisions of Appendix B-1 in connection with any Protected Health Information (as there defined) that HASC creates, receives, maintains, or transmits on behalf of Customer under circumstances that cause HASC to qualify as Customer’s business associate for purposes of the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the Standards for Privacy of Protected Health Information and the Security Standards for the Protection of Electronic Protected Health Information, 45 CFR Parts 160 and 164.

5. LIMITED WARRANTY
HASC warrants that the Software shall perform substantially in accordance with the Software Specifications for 90 days from activation of the Software for Customer. HASC’s entire liability and Customer’s exclusive remedy for breach of this warranty shall be for HASC, at its option, either to: (a) return the fees paid for the Software; (b) replace Software that does not meet the limited warranty described herein and which is returned to HASC or (c) make commercially reasonable efforts to correct any Software Errors which Customer may find in the Software during the above-described warranty period and which prevent the Software from performing substantially in accordance with the Software Specifications.

6. WARRANTY DISCLAIMERS

HASC GRANTS TO CUSTOMER NO WARRANTIES UNDER THIS AGREEMENT,

EITHER EXPRESS OR IMPLIED, OTHER THAN WARRANTIES EXPRESSLY GRANTED TO CUSTOMER IN THIS SECTION 6 OF APPENDIX B. HASC EXPRESSLY DISCLAIMS

THE WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT FOR THE DELIVERABLES. HASC DOES NOT WARRANT:

THAT THE FUNCTIONS CONTAINED IN THE DELIVERABLES WILL MEET MONTCLAIR CITY COUNCIL MEETING – 10/05/2026 Page 130 of 234 B-7
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CUSTOMER’S REQUIREMENTS; THAT THE OPERATION OF THE DELIVERABLES WILL BE UNINTERRUPTED OR ERROR-FREE; OR THAT ALL ERRORS OR DEFECTS IN THE DELIVERABLES WILL BE CORRECTED. HASC DOES NOT WARRANT THE ACCURACY OR TIMELINESS OF THE DATA TRANSMITTED VIA THE INTERNET.

7. LIMITATION OF LIABILITIES

7.1 NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE

AGREEMENT, IT IS EXPRESSLY AGREED THAT HASC AND ITS SUPPLIERS SHALL

IN NO EVENT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL OR

CONSEQUENTIAL DAMAGES RELATING TO OR ARISING OUT OF THE AGREEMENT, EVEN IF HASC IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH

EXCLUDED DAMAGES INCLUDE, BUT ARE NOT LIMITED TO, LOSS OF GOODWILL,

LOSS OF USE, LOSS OF PROFITS, TORTIOUS CONDUCT (INCLUDING BUT NOT

LIMITED TO NEGLIGENCE OR STRICT LIABILITY) OR INTERRUPTION OF BUSINESS. HASC AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY DAMAGES

CAUSED BY DELAY IN DELIVERY, INSTALLATION OR OPERATION OF THE DELIVERABLES UNDER THE AGREEMENT.

7.2 HASC’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH

ITS PERFORMANCE UNDER THE AGREEMENT, INCLUDING WITHOUT LIMITATION

FAILURE OR NEGLIGENCE OF ITS EMPLOYEES, CONTRACTORS AND AGENTS,

DEFECTIVE DELIVERABLES, FAILURE OF THE ESSENTIAL PURPOSE OF THE

LIMITED WARRANTY AND REMEDIES PROVIDED HEREUNDER, AND ANY OTHER

CAUSE (INCLUDING BUT NOT LIMITED TO TORTIOUS CONDUCT, STRICT LIABILITY, AND BREACH OF CONTRACT) AND CUSTOMER’S SOLE REMEDY,

SUBJECT TO THE OTHER REMEDIES PROVIDED UNDER THIS AGREEMENT, SHALL

BE LIMITED TO DIRECT DAMAGES IN AN AMOUNT NOT IN EXCESS OF THE FEES PAID FOR THE DELIVERABLES WHICH CAUSE SUCH LIABILITY. CUSTOMER

AGREES THAT SUCH LIMITATION OF LIABILITY, WITHOUT LIMITING THE

GENERALITY OF THE FOREGOING, EXTENDS TO LOSS OF DATA, LOSS OF ACTUAL

OR ANTICIPATED REVENUE, LOSS DUE TO FAILURE OF ANY SOFTWARE,

HARDWARE OR COMMUNICATIONS SERVICES COMPONENT, AND/OR DAMAGE TO BUSINESS REPUTATION.

8. DEFENSE OF CLAIMS
HASC will defend Customer against any third party action against Customer that is based on a third party claim that the Software infringes a United States registered patent or copyright as of the Effective Date and shall pay any costs or damages that may be finally awarded against Customer resulting from such action, subject to Customer promptly notifying HASC in writing of any such action. HASC will not defend Customer, however, if the claim of infringement is caused by: (1) Customer’s misuse or modification of the Software or System; (2) Customer’s failure to use corrections or enhancements made available by HASC; (3) Customer’s use of the System or Software in combination with any product or information not developed or authorized by HASC; (4) Customer’s distribution, marketing or use for the benefit of third parties of the System or Software not in accordance with this Agreement; or (5) information, direction, MONTCLAIR CITY COUNCIL MEETING – 10/05/2026 Page 131 of 234 B-8
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specification or materials provided by Customer or any third party. If the Software is, or in HASC’s opinion is likely to be, held to be infringing, HASC shall at its expense and option either (a) procure the right for Customer to continue using it, (b) replace it with a noninfringing equivalent, (c) modify it to be noninfringing or (d) direct the return of the Software and have the right to terminate the Agreement. The foregoing remedies constitute Customer’s sole and exclusive remedies and HASC’s entire liability with respect to intellectual property claims and actions.

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APPENDIX B-1 - HIPAA Requirements
To the extent that Customer is a covered entity or business associate under the Health Insurance Portability and Accountability Act of 1996, as amended, and its implementing regulations (collectively, “HIPAA”), HASC provides services to the Customer that may involve Protected Health Information (PHI), as the term is defined at 45 CFR § 160.103, and therefore HASC may qualify as the Customer’s business associate under HIPAA.

For the purpose of both parties complying with HIPAA, HASC and Customer agree that:

1. Permitted Uses and Disclosures of Protected Health Information (PHI).

HASC may use and disclose PHI for the purposes contemplated by the Agreement, as the same is amended or supplemented from time to time, and to the extent that such use or disclosure would not violate HIPAA if done by Customer. HASC also may use and disclose PHI for the proper management and administration of its business and to carry out its own legal responsibilities, as long as, in the case of any such disclosure, either:
(a) The disclosure is required by law; or
(b) HASC obtains reasonable assurances from the person to whom the information is disclosed that it will be held confidentially and used or further disclosed only as required by law or for the purposes for which it was disclosed to such person, and that the person will notify HASC of any instances of which it is aware in which the confidentiality of the information has been breached.

2. HASC’s Obligations. HASC shall:

2.1. Not use or further disclose Protected Health Information except as permitted or required by this appendix, or required by law.

2.2. Use appropriate safeguards to prevent use or disclosure of PHI otherwise than as permitted by this Appendix, including administrative, physical and technical safeguards for e-PHI that reasonably and appropriately protect the confidentiality, integrity and availability of Customer’s electronic Protected Health Information.

2.3. Comply with the applicable requirements of the Security Standards for Protection of Electronic Protected Health Information at 45 CFR Part 164 Subpart C.

2.4. Report to Customer as soon as possible any use or disclosure of PHI not provided for by this Appendix of which HASC becomes aware.

2.5. Report to Customer as soon as possible any security incident involving PHI, except that this section shall hereby serve as notice, and no further reporting shall be required, of the regular occurrence of unsuccessful attempted security incidents.

2.6. Report to Customer a breach of unsecured PHI as required by 45 CFR § 164.410.

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2.7. Ensure that its agents, including any subcontractor, to whom it provides PHI agree to the restrictions and conditions that apply to HASC with respect to such information and implement the safeguards required above with respect to electronic Protected Health Information.

2.8. Upon Customer’s request, make available PHI in accordance with 45 CFR § 164.524 to the extent that HASC maintains PHI in a designated record set.

2.9. Upon Customer’s request, make available PHI for amendment and incorporate any amendments to PHI in accordance with 45 CFR § 164.526 to the extent that HASC maintains PHI in a designated record set.

2.10. Upon Customer’s request, make available the information necessary for the Customer to provide an accounting of disclosures in accordance with 45 CFR § 164.528.

2.11. Make its internal practices, books, and records relating to the use and disclosure of Protected Health Information available to the Secretary of the United States Department of Health and Human Services, for purposes of determining the Customer’s and HASC’s compliance with their legal obligations.

2.12. Upon termination of the Agreement, return or destroy all PHI to the extent feasible, and, to the extent infeasible, extend the protections of this appendix to such information that cannot be returned or destroyed, and limit further use and disclosure of such information to those purposes that make the return or destruction of the information infeasible.

3. Customer’s Obligations.

3.1. Customer warrants that its notice of privacy practices under 45 CFR § 164.520 authorizes HASC’s uses and disclosures of PHI as contemplated by the Agreement.

Customer shall notify HASC of any limitation(s) in the notice of privacy practices of Customer under 45 CFR § 164.520, to the extent that such limitation may affect HASC’s use or disclosure of PHI.

3.2. Customer shall notify HASC of any changes in, or revocation of, the permission by an individual to use or disclose his or her PHI, to the extent that such changes may affect HASC’s use or disclosure of PHI.

3.3. Customer shall notify HASC of any restriction on the use or disclosure of PHI that Customer has agreed to or is required to abide by under 45 CFR § 164.522, to the extent that such restriction may affect HASC’s use or disclosure of PHI.

3.4. Customer shall not request or cause HASC to use or disclose PHI in any manner that would not be permissible under the Standards for Privacy of Individually Identifiable Health Information, 45 CFR Part 164 Subpart E.

4. No Third Party Beneficiaries. There are no third party beneficiaries of this Appendix.

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5. Breach. Customer may immediately terminate the Agreement if it determines that HASC has violated a material term of this Appendix, and HASC fails to remedy the violation within thirty (30) days of receipt of written notice thereof.

MONTCLAIR CITY COUNCIL MEETING – 10/05/2026 Page 135 of 234

CITY COUNCIL

AGENDA REPORT
DATE: OCTOBER 5, 2026
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 5
FILE I.D.: PDT175/PDT362
DEPT.: POLICE
PREPARER: M. BUTLER
SUBJECT: CONSIDER APPROVAL OF AGREEMENT NOS. 26–68 AND 26–69 WITH THE COUNTY OF SAN BERNARDINO RELATED TO DISTRIBUTION OF 2025 JUSTICE ASSISTANCE

GRANT PROGRAM AWARD FUNDS
CONSIDER AUTHORIZING CITY MANAGER EDWARD C. STARR TO SIGN SAID

AGREEMENTS
REASON FOR CONSIDERATION: The City Council is requested to consider approval of Agreement Nos. 26–68 and 26–69 with the County of San Bernardino related to distribution of 2025 Justice Assistance Grant Program award funds and authorizing City Manager Edward C. Starr to sign said Agreements.

Copies of proposed Agreement Nos. 26–68 and 26–69 are attached for City Council review and consideration.

BACKGROUND: The Board of Supervisors of San Bernardino County (County) accepted a grant award from the U.S. Department of Justice, Office of Justice Programs (OJP), Bureau of Justice Assistance (BJA) under the FY 2025 Edward Byrne Memorial Justice Assistance Grant (JAG) Program. The County submitted a joint application for local jurisdictions, including the City of Montclair. As a subrecipient, the City has been allocated $18,026 from JAG 2025. The County, acting in its capacity as JAG Program Administrator, shall disburse appropriate grant allocations, less a five percent administrative fee, as allowable under JAG guidelines.

OJP provides federal leadership, funding, and other critical resources to directly support law enforcement, combat violent crime, protect children, provide services to crime victims, and address public safety challenges. Through OJP, the JAG Program provides funding to local governments to hire additional personnel and/or purchase equipment, supplies, contractual support, training, technical assistance, and information systems for criminal justice. These funds shall supplement existing services and shall not be used to supplant any existing funding for law enforcement services.

The JAG Program requires participating jurisdictions receiving grant funds to execute sub–award grant agreements in order to acknowledge receipt of the federal award information and applicable compliance requirements, including special conditions for each federal sub–award. By entering into proposed sub–award grant Agreement No. 26– 68, the City agrees to undertake and carry out activities delineated by the grant award and to the conditions or limitations set forth in the grant award.

Pursuant to JAG Program requirements, the State’s allocation for municipal agencies in the region shall be distributed and administered directly through the County.

Each participating jurisdiction must enter into an Interlocal Agreement (Agreement No. 26–69), identifying the County as the fiscal agent and JAG Program Administrator for these joint funds. Agreement No. 26–69 allows the County to release pass–through funds to the participating towns and cities in accordance with the grant agreement.

MONTCLAIR CITY COUNCIL MEETING – 10/05/2026 Page 136 of 234 In March 2026, Police Department staff submitted a project proposal to the County for JAG 2025 to use grant funds to purchase gas masks and filters for sworn personnel.

This project has been approved by the County and is included in the grant award. The County has requested to have these two proposed Agreements signed by October 9, 2026. Due to the short time constraint, staff will submit a separate agenda report to City Council at a future date requesting authorization to purchase gas masks with JAG 2025 grant funds, as staff needs additional time to research vendors and gas masks, ensuring they meet current industry standards and Department needs.

FISCAL IMPACT: The City of Montclair’s 2025 JAG allocation is $18,975; of that, the San Bernardino County of Board Supervisors would retain a five percent administrative fee of $949. Approval of proposed Agreement Nos. 26–68 and 26–69 would result in an $18,026 JAG Program fund allocation to the Police Department’s budget. The City would be reimbursed for eligible expenditures incurred in accordance with the sub–award agreement.

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

1. Approve Agreement Nos. 26–68 and 26–69 with the County of San Bernardino related to distribution of 2025 Justice Assistance Grant Program award funds; and,

2. Authorize City Manager Edward C. Starr to sign said Agreements.

MONTCLAIR CITY COUNCIL MEETING – 10/05/2026 Page 137 of 234 Certification Regarding Lobbying
Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that:

1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard FormLLL, 'Disclosure of Lobbying Activities,' in accordance with its instructions.

3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

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Montclair City CouncilOctober 5, 2026

Montclair City Council
October 5, 2026