Montebello City Council
August 13, 2025

TONY E. COLETTA JR., MPA, CEM, MPM
Senior Advisor
Tony’s focus is on assisting clients solve local challenges through innovative, cooperative, and sustainable public safety solutions. As a proven leader, he excels in problem-solving, alliance building, and organizational communication, and delivering results-driven solutions for today’s municipal challenges. Tony has built highly effective emergency management teams, led multi-milliondollar regional homeland security programs, coordinated statewide public safety initiatives, authored best practice emergency plans, and leveraged federal agencies and funding to solve local homeland security and emergency management challenges. Tony Coletta brings 35 years of public safety experience, with 25 years dedicated to emergency management and homeland security administration. His expertise spans emergency planning, training and exercises, hazard and risk mitigation, organizational assessments, and Strategic Planning. Tony's extensive background includes state, federal, and international disaster deployments. He has made notable achievements in instructing and course design, emergency operations center design, recruitment, succession planning, and grant and performance management. Tony is an internationally Certified Emergency Manager and holds degrees in Emergency Medical Services Administration, Police Service Administration, Fire Service Administration, and Public Administration.

MIKE PELLETIER
Senior Advisor
Mike Pelletier has over 27 years of experience working in the public sector, serving as a Fire Deputy Chief his last six years. Mike served as the lead contract administrator, grant writer, lead Public Information Officer, and lead project manager on numerous high-profile projects. As a grant writer, Mike has successfully written and been awarded numerous public safety grants including Assistance to Firefighter’s Grants, UASI and Homeland Security grant proposals, and a $1.35 million American Recovery and Reinvestment Act (ARRA) Fire Station Construction grant. Mike has also overseen numerous projects that include the replacement of all frontline fire apparatus, complete renovation of five fire stations, the establishment of a temporary fire station, construction of a new fire facility, and the final design and construction of a $10 million dollar fire training facility. Mike holds an Associate’s Degree in Business Administration and a Bachelor’s Degree in Fire Administration.

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KATHRYN HAMEL, Ph. D.

Senior Advisor
Kathryn Hamel, Ph. D., is a seasoned executive with over 28 years of experience in the public, non-profit, and private sectors. She previously worked as a VicePresident and Chief Executive Officer for two non-profit mental health organizations. Before transitioning into nonprofit leadership, she served as the Senior Vice-President of Human Resources and Organizational Development for a private, accredited international university. She also served her community for nearly 25 years as a law-enforcement professional for two midsized municipal police departments and retired as a police lieutenant in 2019.

In addition to her professional accomplishments, Dr. Hamel is chairperson of the International Association of Chiefs of Police Engagement and Education Subcommittee, a subcommittee of the Human and Civil Rights Committee. She was recognized as the Advocate of the Year from the Greater Irvine Chamber of Commerce in 2023, and the Mental Health Professional of the Year from the Mental Health Association of Orange County in 2022. She is pursuing a Master’s Degree in Clinical Psychology, projected to be completed in late 2024. In addition, she holds a Doctoral Degree in Organizational Public Safety Leadership & Criminal Justice from Capella University, a Master's Degree in Criminal Justice from Chapman University, and a Bachelor's Degree in Vocational Education and Occupational Studies from California State University, Long Beach. Dr. Hamel also holds two professional certifications in trauma and resilience and a third professional certification in the prevention of human trafficking from Florida State University. She is the author of Body, Mind, and Badge: Strategies for Navigating Law Enforcement Trauma and Resilience and co-author of A Trauma-Informed Approach to Labor & Sex Trafficking, published in Police Chief magazine in 2023.

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NICOLE BEACH, PMP
Director of Strategic Initiatives
Nicole Beach is a project management and strategy delivery leader who specializes in assisting organizations in realizing value by aligning strategy with execution. Nicole collaborates closely with our clients to develop work plans that ensure their success in executing strategic goals and provides project management oversight across all projects. Before joining JGA, Nicole amassed a wealth of experience leading complex technology, organizational, and strategic projects, including M&A integrations, ERP implementations, and process improvement initiatives. Most recently, she oversaw Project Management Offices and Strategic Portfolio Management for SAFEbuilt, Citrix, and Sport Clips. Nicole holds certifications as a Project Management Professional (PMP) and Lean Six Sigma Green Belt. She also earned an MBA with a concentration in Process Improvement from Nova Southeastern University.

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NICOLI HILSCHER
Senior Project Manager
Nicoli Hilscher brings over 23 years of expertise in Organizational Development, Leadership Development, Training, Facilitation, and Project Management. A retired Senior Master Sergeant from the United States Air Force, she distinguished herself in the top two percent of the active enlisted force. Nicoli's extensive background includes leading positions internationally, where she drove long-term organizational growth in diverse and fast-paced environments. She excelled in overseeing operations, professional development, and recognition programs for organizations ranging from 20 to 300 personnel. As a Senior Project Manager with Jacob Green and Associates, Nicoli plays a pivotal role in managing Organizational Development projects; such as Teambuildings, Retreats, Leadership Academies, Organizational Assessments, Strategic Planning, and supporting our Work Planning teams.

Known for her ability to keep teams on task and on-time, Nicoli ensures the highest quality of service delivery to all JGA clients.

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PROPOSED SCOPE OF

SERVICES

SECTION C

PROPOSED SCOPE OF SERVICES
JGA will design and implement a Strategic Planning Process that respects the MFD’s organizational culture and legacy of service while integrating contemporary tools, methods, and forward-thinking perspectives. Our approach will be rooted in both quantitative and qualitative analysis, including a thorough review of operational data, stakeholder engagement (through interviews, an anonymous survey, and focus groups), benchmarking against industry best practices, and incorporation of the Department’s existing Community Risk Assessment (CRA). We will also apply SWOT analysis and other proven strategic frameworks to evaluate current capabilities, assess future needs, and identify opportunities for growth. The final deliverable will be a comprehensive and actionable Strategic Plan that articulates a clear mission, vision, and values, establishes measurable goals, and provides a roadmap to guide MFD's resource allocation, staffing, infrastructure planning, and service delivery in alignment with community needs and expectations.

Project Management
Throughout the project, JGA will lead project coordination and communication efforts to ensure all activities remain aligned with the MFD's goals, priorities, and timelines. This includes establishing clear channels for collaboration among stakeholders and maintaining momentum throughout the process. JGA will also facilitate regular updates to MFD leadership and designated committees, providing progress reports, addressing concerns, and incorporating feedback to ensure transparency and alignment of the team.

The Strategic Planning Process will involve four steps:

Step 1: Organizational Assessment & Stakeholder Engagement Step 2: Future State Development & Strategic Planning Workshop Step 3: Strategic Plan Development & Work Planning
Step 4: Final Review, Presentation, & Approval
STEP 1: Organizational Assessment & Stakeholder Engagement Data Collection and Analysis: JGA will collaborate with key stakeholders during this phase of the Strategic Planning Process to explore the current state of the Department. The process will incorporate a SWOT assessment (Strengths, Weaknesses, Opportunities, Threats) for an accurate snapshot of current operations and conditions, structure, operations, and services by analyzing response times, staffing levels, equipment, facilities, and financial resources, and emerging trends to provide a data-driven foundation for informed and forward-thinking strategic planning.

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Stakeholder Engagement: JGA will design and implement an inclusive engagement strategy that actively involves a diverse range of stakeholders, ensuring all voices are heard and represented. Based on the needs of the MFD, JGA will leverage innovative techniques, such as interactive workshops, virtual platforms, and other creative approaches, to effectively gather meaningful input and foster collaboration.

Employee Engagement: JGA will collect data from an anonymous survey of all MFD staff members, and up to 15 one-on-one interviews (conducted in-person or via Zoom) with key leaders and staff ensuring staff input is effectively integrated into the Strategic Planning Process.

Community Risk Assessment: As part of the Strategic Planning Process for the MFD, JGA will take a focused and methodical approach to incorporating the department’s existing Community Risk Assessment (CRA). We recognize that the CRA is a critical foundation for understanding local hazards, population vulnerabilities, and service delivery demands. Our team will begin by conducting a comprehensive review and validation of the CRA’s findings, assessing how risk factors—such as fire incidents, EMS demand, hazardous materials, and demographic trends—inform operational priorities and resource deployment.

STEP 2: Future State Development & Strategic Planning Workshop The project-designated team and other additional staff identified by the MFD will come together for a one-day workshop to assess the City's current and future state, and establish a unified and forwardlooking Vision. JGA will facilitate discussions to establish the Mission, Vision, Goals, and Objectives, and select and prioritize projects and programs in support of the Strategic Plan.

The facilitation of the workshop will build organizational and strategic alignment, ensuring the development of a culture of collaboration, team development, integrity, excellence, and respect that meets or exceeds the expectations of all attendees. The outcomes of the Strategic Planning Workshop will be used to develop draft Mission and Vision statements and will be consolidated into the final Strategic Plan.

STEP 3: Strategic Plan Development & Work Planning
Using the information obtained from the key stakeholders and the Strategic Planning Workshop, JGA will develop a Strategic Plan focusing on achieving the priorities identified during the workshop. The Strategic Plan will include a roadmap component, including Goals and Objectives, developed by JGA with MFD's stakeholders. The roadmap will provide a detailed implementation framework with timelines, measurable outcomes, and accountability structures. Additionally, consideration will be given to the potential addition of new fire stations and a dedicated training center.

Building on the Strategic Plan, JGA’s Work Planning process ensures that each goal is effectively translated into concrete actions, empowering stakeholders to move from strategy to execution. JGA’s Work Planning process ensures that each strategic goal is translated into actionable steps through dedicated sessions for each goal by engaging key stakeholders to define priorities, assigning responsibilities, and establishing measurable outcomes. Through this process, JGA helps organizations move beyond planning into implementation with clear accountability and measurable progress.

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STEP 4: Final Review, Presentation, & Approval
A final Strategic Plan will be assembled by JGA and routed to the key MFD stakeholders for review, editing, and ultimate approval. JGA will prepare a comprehensive report summarizing the findings and recommendations and present the Strategic Plan to Department Leadership and City Council.

Deliverables:

Final Strategic Plan - Presented to Department Leadership and City Council PAGE 15

Step Time For
Completion
Step 1: Organizational Assessment & Stakeholder Engagement 8 weeks Step 2: Future State Development & Strategic Planning Workshop 4 weeks Step 3: Strategic Plan Development & Work Planning 8 weeks Step 4: Final Review, Presentation, & Approval 4 weeks
Duration: 24 weeks
Step 1
Step 4
Step 2 Future State Development & Strategic Planning Workshop Organizational Assessment & Stakeholder Engagement
Strategic Plan Development & Work Planning
Final Review, Presentation, & Approval
MONTH 01 MONTH 02 MONTH 03 MONTH 04 MONTH 05 MONTH 06
Step 3
The actual start date will be based on a contract award date. The success of this process and adherence to timelines are highly dependent on the MFD’s engagement and timely feedback at each stage. Active participation and prompt responses from the MFD are crucial for meeting project milestones and ensuring a successful outcome.

Timeline
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CONFLICT OF

INTEREST

SECTION D
5&,* 17
JGA affirms that there are no actual or potential conflicts of interest with the City of Montebello, its employees, officials, or agents. We have no financial or personal ties to aAny City-affiliated entities or staff.

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COST PROPOSAL

SECTION E

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COST PROPOSAL
This proposal fee outlines the total all-inclusive price of $75,000, which encompasses all travel, the necessary tasks, deliverables, and expenses associated with successfully completing the scope of work. JGA provides clients with an all-inclusive, fixed-fee approach to project delivery. Eliminating the “time and expenses” approach ensures that our clients understand the costs upfront, avoid change orders, and budget appropriately. No surprises. JGA focuses on the results desired by the City.

The number of hours involved in production are secondary to ensuring an on-time, on-budget experience in a fixed-fee structure. While the estimated time and materials breakdown is provided on the next page per the requirements of the RFP, JGA will not invoice based on time and materials.

The milestones below will serve as the invoicing milestones for our fixed-fee approach.

JacobGreenAndAssociates.com
The costs outlined in this proposal are considered valid and binding for a period of 120 days, commencing from the date of the proposal's issuance. During this timeframe, the provided pricing and estimates for products, services, and associated expenses will remain unchanged, subject to the terms and conditions specified in the proposal document. Any modifications or alterations to the proposal, as well as adjustments to the costs, will require mutual agreement between the involved parties.

Description Cost
Step 1: Organizational Assessment & Stakeholder Engagement $18,000 Step 2: Future State Development & Strategic Planning Workshop $24,000 Step 3: Strategic Plan Development & Work Planning $30,000 Step 4: Final Review, Presentation, & Approval $3,000
Total: $75,000
Travel Included
Materials Included

INVOICING SCHEDULE
20% - Upon Project Kickoff
20% - Upon completion of Step 1
20% - Upon completion of Step 2
20% - Upon completion of Step 3
20% - Upon completion of Step 4

EXCLUSIONS
The following program expenses are not included in consultant fees and are the responsibility of the Department, if necessary.
• Venue rental fees for workshop
• Food and beverages for workshop
• Translation services (workshop support, document translation)

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Hourly Rates
Staff Role Hourly Rate
Senior Advisor $225/hr
Project Manager $185/hr
Project Specialist $135/hr
Step 1: Organizational Assessment & Stakeholder
Engagement (Total: $18,000)
Staff Role Estimated Hours Hourly Rate Cost
Senior Advisor 16 hrs $225 $3,600
Project Manager 50 hrs $185 $9,250
Project Specialist 38 hrs $135 $5,150
Step 2: Future State Development & Strategic Planning Workshop (Total: $24,000)
Staff Role Estimated Hours Hourly Rate Cost
Senior Advisor 34 hrs $225 $7,650
Project Manager 60 hrs $185 $11,100
Project Specialist 40 hrs $135 $5,250
Step 3: Strategic Plan Development & Work Planning (Total: $30,000) Staff Role Estimated Hours Hourly Rate Cost
Senior Advisor 30 hrs $225 $6,750
Project Manager 75 hrs $185 $13,875
Project Specialist 70 hrs $135 $9,375
Step 4: Final Review, Presentation & Approval (Total: $3,000) Staff Role Estimated Hours Hourly Rate Cost
Senior Advisor 5 hrs $225 $1,125
Project Manager 5 hrs $185 $925
Project Specialist 7 hrs $135 $950

1 CITY OF MONTEBELLO
Request for Proposals
RFP No. 25 – 09
Montebello Fire Department (MFD) Comprehensive
Strategic Plan Consulting Services
Release Date: Thursday, February 13, 2025
Questions Due: Tuesday, March 11, 2025, at 11 a.m. PST
Due Date: Wednesday, March 26, 2025, at 11 a.m. PST

ATTACHMENT C

2 [THIS PAGE IS INTENTIONALLY LEFT BLANK]

3 TO PROSPECTIVE PROPOSERS
The City of Montebello (“City”) invites proposal submissions under this Request for Proposals (“RFP”). The City will evaluate responses to this solicitation to determine qualifications. Submissions must adhere to the format and content described. Only proposals that adhere to the requirements will be evaluated. The information set forth is the minimum required to qualify for consideration. The successful Proposer will be required to enter into a Professional Services Agreement based on the specifications outlined in this RFP.

DATE OF SOLICITATION
February 13, 2025

PROJECT
Montebello Fire Department (MFD) Comprehensive Strategic Plan

PROPOSAL OWNER
City of Montebello – Fire Department
1600 West Beverly Boulevard
Montebello, CA 90640
Attn: Andrew Kim, Senior Management Analyst
Contact Phone: (323) 887-1200
Contact E-Mail: [email protected]

PROPOSAL CONTACT
City of Montebello – Fire Department
1600 West Beverly Boulevard
Montebello, CA 90640
Attn: Andrew Kim, Senior Management Analyst
Contact Phone: (323) 887-1200
Contact E-Mail: [email protected]
Any questions about this RFP should be submitted via the City's PlanetBids Portal by Tuesday, March 11, 2025, at 11:00 a.m. PST. Prospective consultants must register their business with PlanetBids before being able to view or submit a response. To access the City's PlanetBids Portal, please go to:
https://www.montebelloca.gov/cms/one.aspx?portalId=58756&pageId=84839

4 Table of Contents Page

1.0 Notice Inviting Proposals 5

2.0 Introduction/About the City of Montebello 6

3.0 Timeline 6

4.0 Purpose 6

5.0 Scope of Work 6

6.0 Consultant Qualifications 8

7.0 Proposal Submittal 8

8.0 Evaluation of Proposal 9

9.0 Proposal Protests 9

10.0 Execution of Agreement 11

11.0 Insurance 11

12.0 Use of Federal Funds 13

13.0 Non-Commitment of City 14

14.0 Labor Requirements 14

15.0 Records 14

16.0 Subcontractors 15

17.0 Modifications/Changes 15

18.0 Disclosure of Information 15

19.0 Ex-Parte Communications 15

20.0 City of Montebello Rights 15
Appendix A – Proposal Content and Format
Appendix B – Sample Professional Services Agreement
Appendix C – References

5 1.0 Notice Inviting Proposals
The City of Montebello seeks proposals from highly qualified Consultants to prepare and develop a comprehensive strategic plan for the Montebello Fire Department (MFD).

The consultant will have expertise in the areas of public safety, fire service operations, and organizational strategy to assist the department in evaluating current capabilities, future needs, and achievable goals. The strategic plan will serve as the roadmap for the department to meet community needs, address operational challenges, and plan for future growth/expansion. Prospective respondents are advised to carefully read information related to this opportunity before submitting a response.

To view the complete RFP package, please visit:
https://www.montebelloca.gov/cms/one.aspx?portalId=58756&pageId=84839 Prospective consultants must register with PlanetBids before being able to view or submit a response.

Questions must be submitted by Tuesday, March 11, 2025, at 11:00 a.m. PST. *****QUESTIONS MUST BE SUBMITTED VIA PLANETBIDS*****
Proposals must be submitted via PlanetBids by Wednesday, March 26, 2025, at 11:00 a.m. PST.

Responses will be evaluated to determine the Consultant that is the most qualified and responsive to the requirements. Responses must adhere to the format and content described. The City reserves the right to accept or reject any and all proposals.

6 2.0 Introduction
The City of Montebello invites prospective Consultants to submit a proposal to prepare and develop a comprehensive strategic plan for the Montebello Fire Department (MFD).

The strategic plan will serve as the roadmap for the department to meet community needs, address operational challenges, and plan for future growth/expansion.

About the City of Montebello
Montebello ("beautiful mountain" in Spanish and Italian) is a city in the County of Los Angeles. Founded in 1899 and incorporated in 1920, the City is an 8.37 square mile General Law City located approximately 11 miles east of Downtown Los Angeles.

Currently, the City has a population of approximately 63,000 residents. It hosts a mix of various industries that represent the business diversity of the County of Los Angeles. It is a full-service City that provides a long list of services, employing approximately 600 full-time and part-time employees in public safety, transit, and non-safety functions.

3.0 Timeline
• Release RFP Thursday, February 13, 2025
• Online Q&A Deadline Tuesday, March 11, 2025,11 a.m. PST • Deadline to Submit Responses Wednesday, March 26, 2025, at 11 a.m. PST • City Review of Submissions April 2025
• Notifications Sent to Consultants May 2025
• Award May 2025

4.0 Purpose
The purpose of this solicitation is to identify a highly qualified Consultant to assist the City with the knowledge and expertise in all aspects of the services requested in this RFP. This project will provide an overview of the department’s current capabilities, future needs, and operational goals. The comprehensive strategic plan will strengthen the MFD’s practices and procedures and identify opportunities for improvement through the innovative ideas provided by the Consultant.

5.0 Scope of Work/Services
The selected consultant will conduct a comprehensive evaluation of the Montebello Fire Department (MFD) to develop a strategic plan that addresses the department's current capabilities, future needs, and operational goals. This work will include the following:

Organizational Assessment

7 • To evaluate the department's structure, operations, and services by analyzing response times, staffing levels, equipment, facilities, and financial resources
• Gather input from department staff, city leadership, and key stakeholders through interviews, surveys, and focus groups.

Evaluating MFD’s Existing Community Risk Assessment (CRA) • Consultant will incorporate the department's existing Community Risk Assessment (CRA) into their evaluation process to ensure alignment with identified community needs
• Benchmarking and the review of best practices will be utilized to compare MFD’s practices to industry standards and identify opportunities for innovation and improvement
Developing the Strategic Plan
• Based on the findings above, the consultant will develop a strategic plan that defines the department's mission, vision, and core values while establishing measurable goals and objectives of implementation • Recommendations will pertain to staffing, infrastructure, and resource allocation, with consideration given to the potential addition of new fire stations and a dedicated training center
Preparing a Comprehensive Report
• The consultant will prepare a comprehensive report summarizing findings and recommendations and present the strategic plan to department leadership and the City Council.

6.0 Consultant Qualifications
The selected consultant must have the following minimum qualifications:

A. Professional Expertise
• Consultants must have demonstrated experience in developing strategic plans for public safety organizations, particularly fire departments

8 • They should possess expertise in fire service operations, emergency response planning, and community risk assessment, along with a thorough knowledge of current industry standards, regulations, and best practices in fire and emergency medical services
• Consultants must have a proven ability to conduct comprehensive organizational assessments and effectively engage with diverse stakeholders, ensuring input from all relevant parties is considered • Strong analytical, project management, and communication skills are essential, as is a track record of delivering actionable and resultsoriented strategic plans within specified timelines.

B. Required Licenses and Certifications
• Relevant professional certifications, such as Certified Fire Executive (CFE) or similar, are highly desirable.

Background Check
Consultant representatives working on-site and in some remote capacities, will be required to undergo a background check conducted by the City.

7.0 Proposal submittal
Please review Appendix A - Proposal Format and Content, attached hereto and incorporated herein by this reference, for specific details regarding the information that needs to be included in your submission. Failure to provide all requested information may be considered “non-responsive” and rejected.

Responses to this RFP must be submitted electronically via the City’s PlanetBids Portal by the deadline. Any responses transmitted and/or time-stamped after the deadline will not be accepted. Consultants planning to submit responses to this request are highly encouraged to submit all documentation before the deadline to avoid technical difficulties/errors.

8.0 Evaluation Criteria
The City will establish an evaluation committee to review and rate each proposal. The proposal evaluation process will be conducted using a multi-step method which will include the following steps:

A. Preliminary Proposal Review - The evaluation committee will review each

9 submission to ensure adherence to the minimum/proposal format requirements.

B. Proposal Evaluation - In the second part of this process, the evaluation committee will review and rate proposals using a combined score based on the following:
i. Qualifications as they relate to this project - 65%
a. Thoroughness and understanding of the tasks to be completed b. Background and experience
c. Knowledge of the City of Montebello
d. Experience of personnel assigned to the work
e. Communication Skills
f. Interview, if required
ii. Reputation for integrity and competence – 15%
a. Positive Reference Checks
b. Work Samples
iii. Proposed fees for services – 20%
The City reserves the right to request and obtain, from one or more proposers, supplementary information as may be necessary for the City to analyze the proposal pursuant to selection criteria. Upon completion of the evaluation phase, the City may select those consultants for interviews whose proposals and qualifications most closely conform to the requirements of this RFP and provide the best value to the City.

9.0 Protest Procedures
Proposal Protest Procedures (Before Proposal Opening)
A protest filed before the proposal opening must be filed in writing or by email no later than ten (10) working days before opening. The most common types of protest that might be filed before a proposal opening include those based upon restrictive specifications or alleged improprieties in any solicitation that is apparent before the scheduled proposal opening.

When a protest is filed before a scheduled proposal opening, certain steps must be followed:

A. The protest must be submitted in writing within the specified time frame (no later than ten (10) working days prior to a proposal opening). All protests must be filed with the Director of Finance for determination. Protest must be submitted to the Director of Finance by mail or e-mail within the specified time frame. Protests can

10 be sent to:

Mail:

Michael Solorza, Director of Finance
City of Montebello
Attn: Department of Finance
1600 W. Beverly Blvd
Montebello, CA 90640
or
E-mail:
[email protected]
B. The protest must contain factual and legal reason(s) and should recommend a proposed remedy. Nevertheless, it should be noted that the City reserves the right not to implement the proposed remedy but to offer alternative solutions where applicable.

C. Where appropriate, the City will hold an informal conference on the merits of a protest with all interested parties allowed to attend. Interested parties may include all proposers, subcontractors, or suppliers, provided they have a substantial economic interest in a portion of the RFP.

D. All potential proposers will be advised of a pending protest.

E. The City shall not open proposals prior to the resolution of the protest unless it is determined that:
• The items to be procured are urgently required;
• Delivery or performance will be unduly delayed by failure to make the award promptly; or
• Failure to make a prompt award will otherwise cause undue harm to the City.

Proposal Protest Procedures (After Proposal Opening/Post Award) A protest filed after the proposal’s closing and due date must be filed in writing or by email within (3) working days following the specified due date. Working days refer to normal City Operations of Monday-Thursday, 7:30 a.m. to 5:30 p.m.

The City will respond in writing within ten (10) working days after receipt of a properly filed protest. The Director of Finance will respond and include a response to each

11 substantive issue raised in the protest.

After the exhaustion of administrative remedies, the protesting party will be given the City’s final decision. The Director of Finance has the authority to decide on all protests.

10.0 Execution of Agreement
The resulting agreement (see attached sample) shall be signed by the successful Consultant and returned within the required insurance within ten (10) business days after the City has provided written notice that the Consultant has been awarded. Failure to execute the agreement and file acceptable insurance documents as provided herein shall cause, at the City's option, for annulment of the award. Please review the insurance requirements and indemnification clause in the attached sample agreement.

Should the successful Consultant decline to execute the agreement, the City can either reject all proposals, accept one of the other proposals, or issue a new solicitation.

11.0 Insurance
The Consultant selected must meet the following minimum insurance requirements upon execution of the City’s Professional Services Agreement:

A. Commercial General Liability
Commercial General Liability (CGL) (equivalent in coverage scope to Insurance Services Office, Inc. Form CG 00 01) shall cover on an “occurrence” basis for bodily injury and property damage, including premise-operations, products-completed, broad form property damage, blanket contractual liability, independent contractors, personal injury or bodily injury, and advertising injury with limits no less than $2,000,000 per occurrence and $4,000,000 aggregate.

If requested, the "City of Montebello, its officials, employees, and agents" must be separately endorsed to the policy as additional insureds on an endorsement equivalent to the Insurance Services Office, Inc. Form CG 20 10 11 85 of CG 20 26 1185.

B. Business Automobile Liability
For owned vehicles, hired, and non-owned vehicles, Insurance Services Office Form CA 00 01 covering, Code 1 (any auto), or if the Consultant has not owned autos, Code 8 (hired) and 9 (non-owned) with a limit no less than $1,000,000 per accident for bodily injury and property damage.

If an automobile is not necessary to perform services, the Firm must submit a written request for a waiver of this requirement.

12 C. Professional Liability or Errors and Omissions
Depending on the work or services to be performed, professional liability or errors and omissions liability insurance may be required. The City will require the Consultant to provide professional liability or errors and omissions liability insurance in an amount not less than $2,000,000 per occurrence or claim, $4,000,000 aggregate. Architects’ and engineers’ coverage shall be endorsed to include contractual liability.

D. Workers' Compensation and Employer's Liability
Workers' compensation as required by the California Labor Code and Employer's Liability in an amount not less than $1,000,000 per accident for bodily injury or disease.

Required Insurance Documentation
Certificate of Insurance
The Certificate Holder must be listed as follows:

City of Montebello
1600 West Beverly Boulevard
Montebello, CA 90640
Endorsements (if requested)
In addition to the Certificate of Insurance, the Consultant must provide the following endorsements:

Additional insured endorsements to the general liability and auto liability* insurance policies. The "City of Montebello, its officials, employees, and agents" must be endorsed to the Consultant’s general liability policy as well as the auto liability policy as additional insureds on an endorsement equivalent to ISO forms CG 20 10 11 85 or CG 20 26 11 85.

Cancellation notice endorsements. Each policy must be endorsed to certify that it will not be canceled or non-renewed by either party or reduced in coverage or limits (except by paid claims) unless the insurer has provided the City with thirty (30) days prior written notice of cancellation (ten (10) days for cancellation due to nonpayment of premium is acceptable).

Primary, non-contributory coverage endorsements. The general liability and professional liability (if required) policies must be endorsed to provide that each policy shall apply on a primary, non-contributing basis with any insurance or selfinsurance, primary or excess, maintained by or available to the City or its

13 officials, employees, and agents.

Waiver and Modifications of Insurance Requirements
To the extent permitted by law, the City may modify these insurance requirements at any time and at its sole discretion.

In general, any contract deemed sole source, professional/professional services, involves the disclosure of proprietary information, and/or a public works project may require revisions to the City's standard insurance requirements. Any revisions to the insurance requirements will be identified within the associated service contract terms and conditions.

Consultants may request a waiver or modification of these insurance requirements.

Waiver or modification requests must be submitted in writing. The request should state the specific insurance requirement that is being considered for waiver or modification and provide a brief explanation for the request. Requests will be reviewed on a case-bycase basis, and the decision will ultimately depend on the scope of services. The final decision to approve or deny a request will be at the City's legal authority and/or an authorized designee's discretion.

12.0 Use of Federal Funds
The United States Federal Government requires purchases of items and services to meet specific standards when using Federal funds, including grants, cooperative agreements, contracts, and Federal funds "passed-through" to the City from a nonFederal entity (i.e., sub-recipient agreements). These requirements are codified under the Code of Federal Regulation's (CFR) Title 2, Subtitle A, Chapter II, Part 200 (also referred to as "2 CFR 200" or "Uniform Guidance") and the Federal Acquisition Regulations (FAR), as applicable.

The following standards apply to all purchases of items and services using Federal funds:
• Transactions shall be conducted lawfully and ethically • Unnecessary/duplicative purchases are not permitted
• Utilizing a vendor or supplier on the U.S. Federal Government's Debarred and Suspended List (available at SAM.gov) is prohibited
• All individuals involved in the expenditure of federal monies must avoid any actual or apparent conflict of interest
• Procurement transactions must be conducted in a manner providing full and open competition
• Opportunities should be provided to minority businesses, women's business

14 enterprises, and labor surplus area firms when possible • Contracts and purchase orders should include the contract provisions required by 2 CFR 200 Appendix A
• Purchases of goods and services must include documentation detailing the procurement history
In addition to Federal standards, purchases must adhere to applicable local policies and procedures as defined in Montebello Municipal Code Chapters 3.20 and 3.21 and any relevant administrative policies. The most restrictive terms prevail when a conflict is present.

13.0 Non-Commitment of City
While the City intends to select a Consultant through this process, this intention is subject to change at any time during the process. The City does not commit to awarding an agreement, paying any costs incurred in preparing the proposal for this request, and/or procuring or contracting any items or services.

14.0 Labor Requirements
A. Background: All personnel engaged in the performance of this work shall be employees of the Consultant and, as such, shall be warranted to possess sufficient experience and reliability to perform this work.

B. Health: All personnel engaged in the performance of this work shall be in good health and free of contagious diseases. The Consultant shall not allow any person(s) under the influence of alcohol or drugs on the premises or in the building. Neither shall the Consultant allow the use of or presence of alcohol or drugs on the premises or in the building.

C. Non-Discrimination: The Consultant shall not engage in discrimination in the employment of persons because of race, color, national origin, ancestry, mental/physical disabilities, sex, or religion of such persons.

D. Conduct: No person(s) shall be employed for this work that is found to be incompetent, disorderly, and troublesome, under the influence of alcohol and drugs, which fails or otherwise refuses to perform the work properly and acceptably or is otherwise objectionable. Any person found to be objectionable shall be discharged immediately and not re-employed for this work.

15.0 Records
The Consultant agrees to permit the City Manager or designee access to records, reports, files, and other papers or property of the Consultant to audit any performance

15 aspect under this agreement.

16.0 Subcontractors
The Consultant shall be responsible for all work performed under the final agreement and shall keep all work under his control. No portion of the work may be subcontracted without the prior written consent of the City. All subcontractors used on this work shall be under the direct supervision of the Consultant and shall be considered as their employees. Any approved subcontractors must provide insurance indemnifying the City with limits at or exceeding the limits of the Contractor's insurance.

17.0 Modifications/Changes
Changes in the areas serviced and/or specifications may be necessary during the agreement term. Changes in the agreement’s requirements and corresponding changes in compensation may be implemented upon mutual understanding between the City and the Consultant. These changes will be processed by the City Manager.

18.0 Disclosure of Information
A. The Consultant agrees that it will not during or after the term of the agreement, disclose any proprietary information or confidential business information of the City, including but not limited to its costs, charges, operating procedures, or methods of doing business to any person, Consultant, corporation, association, or other entity or the general public for any reason or purpose whatsoever, without the prior written consent of the City. Such confidential or proprietary information received by the Consultant shall be used exclusively in connection with the performance of services.

B. The Consultant shall not issue or release for publication any articles, advertising, or publicity matters relating to the services performed by the Consultant hereunder or mentioning or implying the name of the City or its respective personnel without the prior written consent of the City.

19.0 Ex-Parte Communications
Consultant and Consultant representatives should not engage in unauthorized communications with elected officials, officers, employees, or agents of the City about this RFP. This requirement also includes any evaluation panel member, except for designated RFP facilitators. This requirement remains in effect until after award notifications have been made.

This restriction does not prohibit Consultants and their representatives from making oral statements or presentations to City representatives from submitting questions regarding this RFP pursuant to the directions provided herein, or making oral statements or

16 presentations to City representatives during a scheduled public meeting.

20.0 City of Montebello Rights
At its discretion, the City reserves the right to:

A. Reject any and/or all proposals for no reason or any reason including, but not limited to, the following:
i. The proposal is incomplete, non-responsive, obscure, irregular, or lacking necessary detail and specificity.
ii. The Consultant, in the sole judgment of the City, lacks the qualifications, experience, and/or responsibility necessary to provide the services. iii. The Consultant failed or neglected to complete and submit any information within the time specified by the City and as may be otherwise required herein.

B. Reject any proposal that, in the opinion of the City, is so unbalanced in comparison to other proposals received and/or to the City’s internal estimates that it does not accurately reflect the cost to perform; C. Accept all or any part of a proposal;
D. Cancel the entire RFP;
E. Issue subsequent RFPs; or
F. Waive any errors or informalities in any proposal to the extent law permits.

Please review:

Appendix A – Proposal Content and Format
Appendix B – Sample Professional Services Agreement
Appendix C – References

ITEM # 18

CITY OF MONTEBELLO

CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: Raul Alvarez, City Manager

BY: Luis Lopez, Police Chief
SUBJECT: APPROVE AGREEMENT NO. 4344 WITH FLOCK GROUP INC. (DBA

FLOCK SAFETY) TO LEASE AUTOMATED LICENSE PLATE

READERS (ALPR)
DATE: August 13, 2025
RECOMMENDATIONS:

It is recommended that the City Council:

1. Award Master Services Agreement No. 4344 with Flock Safety for the lease of automated license plate readers; and

2. Authorize the City Manager to execute the agreement; and

3. Amend the Fiscal Year 2025-26 budget by increasing appropriations by $250,000 in Account Nos. 265-80-834-6010.10. (Grants, Police, COPS Technology Equipment Program, Machinery and Equipment [Expenditures]), and 265-99- 4198.25 (Grants, Non-Departmental, Misc.Grants-COPS Technology Equipment Proram [Revenue]; and

4. Take such additional, related, action that may be desirable.

FISCAL IMPACT:

The City of Montebello Police Department was awarded $300,000 in Community Oriented Policing Services (COPS) Technology and Equipment Program (TEP) grant funds for technological enhancements, specifically the implementation of license plate reader systems ($250,000) and geographic data mapping ($50,000) projects. The Montebello Police Department plans to allocate $250,000 of the awarded funds to lease and install 22 license plate readers from Flock Safety. The remaining $50,000 will be brought at a future City Council meeting for the data mapping-related expenditures.

The initial subscription to the Flock Safety system covers a 36-month period, which

CITY COUNCIL AGENDA REPORT - MEETING OF AUGUST 13, 2025

includes the lease and installation of equipment for a total cost of $250,000 (Fiscal Year 2025-26 - $86,000, FY 2026-27 - $82,000 and FY 2027-28 - $82,000). The recommended actions would approve Master Service Agreement No. 4344 (Attachment A). Additionally, under the authority of Montebello Municipal Code Chapter 3.20.050(B) Conformance with Bidding Procedures, Sole/Single Source Goods and/or Services, the City is seeking to award a contract for Flock’s services (Attachment B).

The recommended actions require amending the Fiscal Year 2025-26 budget by increasing appropriations by $250,000 in Account Nos. 265-80-834-6010.10. (Grants, Police, COPS Technology Equipment Program, Machinery and Equipment [Expenditures]), and 265-99-4198.25 (Grants, Non-Departmental, Misc.Grants-COPS Technology Equipment Proram [Revenue]).

BACKGROUND/DISCUSSION:

Congresswoman Linda Sánchez submitted funding requests for several key community projects to the House Appropriations Committee to benefit California’s 38th Congressional District. In April 2024. Subsequently, the City of Montebello was awarded a $300,000 COPS Technology and Equipment Grant.

Unlike other fixed or mobile Automated License Plate Reader (ALPR) systems, the Flock Safety system offers broader coverage across the City with vendor-provided maintenance, eliminating the need for City staff involvement. Flock operates under an all-inclusive deployment model and is the sole manufacturer and developer of its camera technology (Attachment B).

While not at a historic high, Part I crimes have shown a steady increase in Montebello and the surrounding region, with notable rises in burglaries, larcenies, and auto thefts.

ALPR technology has proven to be an effective tool for law enforcement, aiding in the recovery of stolen vehicles and supporting the investigation and resolution of crimes involving the use of a vehicle.

Flock Safety's ALPR camera system consists of strategically placed fixed-mount cameras throughout a jurisdiction to enhance area coverage and provide detailed vehicle-related data to law enforcement. Flock Safety operates under a service subscription model and offers several advantages (Attachment A). The City receives a fully wireless solution with no infrastructure setup costs and the option for either solar or direct power. The service subscription includes the camera hardware, maintenance, software updates, unlimited user access, 30-day data storage, LTE connectivity, solar power, mounting hardware, and ongoing system monitoring. This model reduces the City’s long-term financial burden by eliminating the responsibility of maintaining or replacing costly equipment at the end of its service life.

The company adheres to standard operating procedures and complies with all applicable government regulations and workplace safety standards.

Flock Safety prioritizes objectivity and privacy by focusing exclusively on vehicle-related data (e.g., license plate, make, body type, color, and timestamp), without collecting

CITY COUNCIL AGENDA REPORT - MEETING OF AUGUST 13, 2025

personally identifiable information (e.g., names, addresses, or phone numbers), and does not employ facial recognition technology.

Flock Safety is the sole manufacturer and service provider of the ALPR system and its integrated software and monitoring services. Key benefits of their system include:
• Proprietary machine vision technology capable of analyzing license plates, states of registration, and unique vehicle attributes (e.g., roof racks, bumper stickers) based on image analytics rather than DMV registration data. • Vehicle Fingerprint Technology, allowing officers to perform searches based on descriptive characteristics of a vehicle without a license plate and receive alerts for matches.
• Advanced search filters, including color, make, type, partial or full license plates, state identifiers, and object detection.
• Integration with Evidence.com, as Flock Safety is the only ALPR vendor officially partnered with AXON. AXON is the current vendor providing both bodyworn and in-car camera systems for the Montebello Police department.

Several neighboring communities in the San Gabriel Valley currently utilize the Flock Safety ALPR system, including Arcadia, Alhambra, Azusa, Baldwin Park, Covina, El Monte, Glendora, Monrovia, Monterey Park, Pico Rivera, East Los Angeles, Pomona, Rosemead, San Dimas, San Marino, South Pasadena, and West Covina.

To maximize effectiveness, ALPR cameras should be installed at major entry points into the City to monitor inbound traffic. In collaboration with the Flock Safety representatives, staff has identified 22 potential locations for deployment. Final locations will be determined by staff after an assessment by Flock Safety.

Upon installation and activation of the system, patrol officers and detectives will be granted access following the completion of necessary training. Once trained, personnel will have access to the broader Flock Safety ALPR network, greatly enhancing regional investigative capabilities. This interconnected system will strengthen both crime prevention and investigative efforts by facilitating information sharing across jurisdictional boundaries. Only Montebello ALPR Administrators will control data sharing permissions within the Flock system as outlined in the department's ALPR use policy. The sharing of information with local agencies is authorized by the Montebello Police Department and is not conducted automatically. This information will not be shared with agencies outside the state of California per SB34, nor will it be shared with immigration enforcement agencies per SB54.

Officers can use the recorded footage from ALPR cameras in conjunction with private surveillance systems to identify suspect vehicles. Once a vehicle description or plate is obtained, the Flock Safety database can be queried to locate possible matches. If the vehicle is detected in another jurisdiction, the image and related data can be retrieved and shared with other law enforcement agencies, increasing the chances of apprehension.

CITY COUNCIL AGENDA REPORT - MEETING OF AUGUST 13, 2025

Additionally, officers can create custom “hotlists” and receive real-time alerts when a vehicle matching the description is detected by any Flock ALPR camera, either in Montebello or neighboring communities. This feature is particularly valuable for tracking fleeing suspects, allowing for the strategic deployment of law enforcement resources such as air support or additional patrol units.

ENVIRONMENTAL:

N/A
ANALYSIS:

N/A
SUMMARY:

Staff recommends the City Council authorize the City Manager to execute Master Services Agreement No. 4344 (Attachment A) with Flock Safety for a lease subscription and installation of 19 License Plate Reader (LPR) Falcon Camera Systems and 3 LPR Long Range Falcon Camera Systems, for a 3-year term with the option of two-1 year extensions, utilizing Chapter 3.20.050(B) Conformance with Bidding Procedures - Sole/Single Source Goods and/or Services (Attachment B). The recommended actions require amending the Fiscal Year 2025-26 budget by increasing appropriations by $250,000 in Account Nos. 265-80-834-6010.10. (Grants, Police, COPS Technology Equipment Program, Machinery and Equipment [Expenditures]), and 265-99-4198.25 (Grants, Non-Departmental, Misc.Grants-COPS Technology Equipment Proram [Revenue]).

ATTACHMENT(S)

1. Attachment A - Agreement No 4344

2. Attachment B -Sole Source Letter

ATTACHMENT A
AGREEMENT NO. 4344
WITH FLOCK GROUP INC.
(DBA FLOCK SAFETY)

AND CITY OF

MONTEBELLO

Master Services Agreement
This Master Services Agreement (this “Agreement”) is entered into by and between Flock Group Inc. with a place of business at 1170 Howell Mill Road NW Suite 210, Atlanta, GA 30318 (“Flock”) and the entity identified in the signature block (“Customer”) (each a “Party,” and together, the “Parties”). This Agreement is effective on the date of mutual execution (“Effective Date”). Parties will sign an Order Form (“Order Form”) which will describe the Flock Services to be performed and the period for performance, attached hereto as Exhibit A.

RECITALS
WHEREAS, Flock offers a software and hardware situational awareness solution through Flock’s technology platform that upon detection is capable of capturing audio, video, image, and recording data and provide notifications to Customer (“Notifications”); WHEREAS, Customer desires access to the Flock Services (defined below) on existing devices, provided by Customer, or Flock provided Flock Hardware (as defined below) in order to create, view, search and archive Footage and receive Notifications, via the Flock Services; and NOW THEREFORE, in consideration of the mutual promises and covenants set forth herein, the Parties agree as follows:

WHEREAS, Flock desires to provide Customer the Flock Services and any access thereto, subject to the terms and conditions of this Agreement, solely for the awareness, prevention, and prosecution of crime, bona fide investigations and evidence gathering for law enforcement purposes, (“Permitted Purpose”).

1. DEFINITIONS
Certain capitalized terms, not otherwise defined herein, have the meanings set forth or crossreferenced in this Section 1.

1.1 “Agreement” means the order form (to be provided as Exhibit A, “Order Form”), these terms and conditions, and any document therein incorporated by reference in section 11.4.

1.2 “Anonymized Data” means Customer Data permanently stripped of identifying details and any potential personally identifiable information, by commercially available standards which irreversibly alters data in such a way that a data subject (i.e., individual person or entity) can no longer be identified directly or indirectly.

1.3 “Authorized End User(s)” means any individual employees, agents, or contractors of Customer accessing or using the Services, under the rights granted to Customer pursuant to this Agreement.

1.4 “Customer Data” means the data, media, and content provided by Customer through the Services. For the avoidance of doubt, the Customer Data will include the Footage.

1.5. “Customer Hardware” means the third-party camera owned or provided by Customer and any other physical elements that interact with the Embedded Software and the Web Interface to provide the Services.

1.6 “Effective Date” means the date this Agreement is mutually executed (valid and enforceable) by both Parties.

1.7 “Embedded Software” means the Flock proprietary software and/or firmware integrated with or installed on the Flock Hardware or Customer Hardware.

1.8 “Flock Hardware” means the Flock device(s), which may include the pole, clamps, solar panel, installation components, and any other physical elements that interact with the Embedded Software and the Web Interface, to provide the Flock Services as specifically set forth in the applicable Order Form.

1.9 “Flock IP” means the Services, the Embedded Software, and any intellectual property or proprietary information therein or otherwise provided to Customer and/or its Authorized End Users. Flock IP does not include Footage (as defined below).

1.10 “Flock Services” means the provision of Flock’s software and hardware situational awareness solution, via the Web Interface, for automatic license plate detection, alerts, audio detection, searching image records, video and sharing Footage.

1.11 “Footage” means still images, video, audio, and other data captured by the Flock Hardware or Customer Hardware in the course of and provided via the Flock Services.

1.12 “Integration Data” means any distribution of data from a Customer requested third party integration.

1.13“Installation Services” means the services provided by Flock for installation of Flock Services.

1.14 “Permitted Purpose” means for legitimate public safety and/or business purpose, including but not limited to the awareness, prevention, and prosecution of crime; investigations; and prevention of commercial harm, to the extent permitted by law.

1.15 “Retention Period” means the time period that the Customer Data is stored within the cloud storage, as specified in the applicable Order Form. Flock deletes all Footage on a rolling thirty (30) day basis, except as otherwise stated on the Order Form. Customer shall be responsible for extracting, downloading and archiving Footage from the Flock Services on its own storage devices.

1.16 “Term” means the date, unless otherwise stated in the Order Form, upon which the cameras are validated by both Parties as operational.

1.17 “Web Interface” means the website(s) or application(s) through which Customer and its Authorized End Users can access the Services.

2. SERVICES AND SUPPORT

2.1 Provision of Access. Flock hereby grants to Customer a non-exclusive, non-transferable right to access the features and functions of the Flock Services via the Web Interface during the Term, solely for the Authorized End Users. The Footage will be available for Authorized End Users to access and download via the Web Interface for the Retention Period. Authorized End Users will be required to sign up for an account and select a password and username (“User ID”). Customer shall be responsible for all acts and omissions of Authorized End Users.

Customer shall undertake reasonable efforts to make all Authorized End Users aware of all applicable provisions of this Agreement and shall cause Authorized End Users to comply with such provisions. Flock may use the services of one or more third parties to deliver any part of the Flock Services, (such as using a third party to host the Web Interface for cloud storage or a cell phone provider for wireless cellular coverage).

2.2 Embedded Software License. Flock grants Customer a limited, non-exclusive, nontransferable, non-sublicensable (except to the Authorized End Users), revocable right to use the Embedded Software as it pertains to Flock Services, solely as necessary for Customer to use the Flock Services.

2.3 Support Services. Flock shall monitor the Flock Services, and any applicable device health, in order to improve performance and functionality. Flock will use commercially reasonable efforts to respond to requests for support within seventy-two (72) hours. Flock will provide Customer with reasonable technical and on-site support and maintenance services in-person, via phone or by email at [email protected] (such services collectively referred to as “Support Services”).

2.4 Updates to Platform. Flock may make any updates to system or platform that it deems necessary or useful to (i) maintain or enhance the quality or delivery of Flock’s products or services to its agencies, the competitive strength of, or market for, Flock’s products or services, such platform or system’s cost efficiency or performance, or (ii) to comply with applicable law.

Parties understand that such updates are necessary from time to time and will not diminish the quality of the services or materially change any terms or conditions within this Agreement.

2.5 Service Interruption. Services may be interrupted in the event that: (a) Flock’s provision of the Services to Customer or any Authorized End User is prohibited by applicable law; (b) any third-party services required for Services are interrupted; (c) if Services are being used for malicious, unlawful, or otherwise unauthorized use; (d) there is a threat or attack on any of the Flock IP by a third party; or (e) scheduled or emergency maintenance (“Service Interruption”).

Flock will make commercially reasonable efforts to provide written notice of any Service Interruption to Customer, to provide updates, and to resume providing access to Flock Services as soon as reasonably possible after the event giving rise to the Service Interruption is cured.

Flock will have no liability for any damage, liabilities, losses (including any loss of data or profits), or any other consequences that Customer or any Authorized End User may incur as a result of a Service Interruption. To the extent that the Service Interruption is not caused by Customer’s direct actions or by the actions of parties associated with the Customer, the time will be tolled by the duration of the Service Interruption (for any continuous suspension lasting at least one full day). For example, in the event of a Service Interruption lasting five (5) continuous days, Customer will receive a credit for five (5) free days at the end of the Term.

2.6 Service Suspension. Flock may temporarily suspend Customer’s and any Authorized End User’s access to any portion or all of the Flock IP or Flock Service if (a) there is a threat or attack on any of the Flock IP by Customer; (b) Customer’s or any Authorized End User’s use of the Flock IP disrupts or poses a security risk to the Flock IP or any other customer or vendor of Flock; (c) Customer or any Authorized End User is/are using the Flock IP for fraudulent or illegal activities; (d) Customer has violated any term of this provision, including, but not limited to, utilizing Flock Services for anything other than the Permitted Purpose; or (e) any unauthorized access to Flock Services through Customer’s account (“Service Suspension”).

Customer shall not be entitled to any remedy for the Service Suspension period, including any reimbursement, tolling, or credit. If the Service Suspension was not caused by Customer, the Term will be tolled by the duration of the Service Suspension.

2.7 Hazardous Conditions. Flock Services do not contemplate hazardous materials, or other hazardous conditions, including, without limit, asbestos, lead, or toxic or flammable substances.

In the event any such hazardous materials are discovered in the designated locations in which Flock is to perform services under this Agreement, Flock shall have the right to cease work immediately.

3. CUSTOMER OBLIGATIONS

3.1 Customer Obligations. Flock will assist Customer Authorized End Users in the creation of a User ID. Authorized End Users agree to provide Flock with accurate, complete, and updated registration information. Authorized End Users may not select as their User ID, a name that they do not have the right to use, or any other name with the intent of impersonation. Customer and Authorized End Users may not transfer their account to anyone else without prior written permission of Flock. Authorized End Users shall not share their account username or password information and must protect the security of the username and password. Unless otherwise stated and defined in this Agreement, Customer shall not designate Authorized End Users for persons who are not officers, employees, or agents of Customer. Authorized End Users shall only use Customer-issued email addresses for the creation of their User ID. Customer is responsible for any Authorized End User activity associated with its account. Customer shall ensure that Customer provides Flock with up-to-date contact information at all times during the Term of this Agreement. Customer shall be responsible for obtaining and maintaining any equipment and

ancillary services needed to connect to, access or otherwise use the Flock Services (e.g., laptops, internet connection, mobile devices, etc.). Customer shall (at its own expense) provide Flock with reasonable access and use of Customer facilities and Customer personnel in order to enable Flock to perform Services (such obligations of Customer are collectively defined as “Customer Obligations”).

3.2 Customer Representations and Warranties. Customer represents, covenants, and warrants that Customer shall use Flock Services only in compliance with this Agreement and all applicable laws and regulations, including but not limited to any laws relating to the recording or sharing of data, video, photo, or audio content.

4. DATA USE AND LICENSING

4.1 Customer Data. As between Flock and Customer, all right, title and interest in the Customer Data, belong to and are retained solely by Customer. Customer hereby grants to Flock a limited, non-exclusive, royalty-free, irrevocable, worldwide license to use the Customer Data and perform all acts as may be necessary for Flock to provide the Flock Services to Customer. Flock does not own and shall not sell Customer Data.

4.2 Customer Generated Data. Flock may provide Customer with the opportunity to post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available, messages, text, illustrations, files, images, graphics, photos, comments, sounds, music, videos, information, content, ratings, reviews, data, questions, suggestions, or other information or materials produced by Customer (“Customer Generated Data”). Customer shall retain whatever legally cognizable right, title, and interest in Customer Generated Data. Customer understands and acknowledges that Flock has no obligation to monitor or enforce Customer’s intellectual property rights of Customer Generated Data. Customer grants Flock a non-exclusive, irrevocable, worldwide, royalty-free, license to use the Customer Generated Data for the purpose of providing Flock Services. Flock does not own and shall not sell Customer Generated Data.

4.3 Anonymized Data. Flock shall have the right to collect, analyze, and anonymize Customer Data and Customer Generated Data to the extent such anonymization renders the data nonidentifiable to create Anonymized Data to use and perform the Services and related systems and technologies, including the training of machine learning algorithms. Customer hereby grants Flock a non-exclusive, worldwide, perpetual, royalty-free right to use and distribute such

Anonymized Data to improve and enhance the Services and for other development, diagnostic and corrective purposes, and other Flock offerings. Parties understand that the aforementioned license is required for continuity of Services. Flock does not own and shall not sell Anonymized Data.

4.4 Data Distribution. Customer may, upon request, choose to integrate Flock Services with a third party to either distribute Integration Data or Customer Data (such third party, “Recipient”).

Upon such request, Customer hereby grants to Flock a non-exclusive, non-transferable, royaltyfree, perpetual license to access, share, view, record, duplicate, store, save, reproduce, modify, display, and distribute Customer Data and/or Integration Data, as required by the requested distribution. Customer acknowledges that such data may be viewed, recorded, duplicated, stored, saved, reproduced, modified, displayed, distributed, and retained by Recipient for a period longer than Flock’s standard retention period and hereby provides consent to such retention period. Unless expressly listed in the Order Form, the provision, access, or use of any Application Programming Interfaces ("APIs") is not included under this Agreement. Any rights, licenses, or obligations related to APIs shall be governed solely by the terms set forth in the Order Form or a separate agreement between the parties.

5. CONFIDENTIALITY; DISCLOSURES

5.1 Confidentiality. To the extent required by any applicable public records requests, each Party (the “Receiving Party”) understands that the other Party (the “Disclosing Party”) has disclosed or may disclose business, technical or financial information relating to the Disclosing Party’s business (hereinafter referred to as “Proprietary Information” of the Disclosing Party).

Proprietary Information of Flock includes non-public information provided by the Disclosing Party to the Receiving Party regarding features, functionality and performance of this Agreement. Proprietary Information of Customer includes non-public data provided by Customer to Flock or collected by Flock via Flock Services, which includes but is not limited to geolocation information and environmental data collected by sensors. The Receiving Party agrees: (i) to take the same security precautions to protect against disclosure or unauthorized use of such Proprietary Information that the Party takes with its own proprietary information, but in no event less than commercially reasonable precautions, and (ii) not to use (except in performance of the Services or as otherwise permitted herein) or divulge to any third person any

such Proprietary Information. The Disclosing Party agrees that the foregoing shall not apply with respect to any information that the Receiving Party can document (a) is or becomes generally available to the public; or (b) was in its possession or known by it prior to receipt from the Disclosing Party; or (c) was rightfully disclosed to it without restriction by a third party; or (d) was independently developed without use of any Proprietary Information of the Disclosing Party.

Nothing in this Agreement will prevent the Receiving Party from disclosing the Proprietary Information pursuant to any judicial or governmental order, provided that the Receiving Party gives the Disclosing Party reasonable prior notice of such disclosure to contest such order. At the termination of this Agreement, all Proprietary Information will be returned to the Disclosing Party, destroyed or erased (if recorded on an erasable storage medium), together with any copies thereof, when no longer needed for the purposes above, or upon request from the Disclosing Party, and in any case upon termination of the Agreement. Notwithstanding any termination, all confidentiality obligations of Proprietary Information that is trade secret shall continue in perpetuity or until such information is no longer trade secret.

5.2 Usage Restrictions on Flock IP. Flock and its licensors retain all right, title and interest in and to the Flock IP and its components, and Customer acknowledges that it neither owns nor acquires any additional rights in and to the foregoing not expressly granted by this Agreement.

Customer further acknowledges that Flock retains the right to use the foregoing for any purpose in Flock’s sole discretion. Customer and Authorized End Users shall not: (i) directly or indirectly, reverse engineer, decompile, disassemble, or otherwise attempt to discover, or recreate the source code, object code or underlying structure, ideas or algorithm of the Flock Services or any software provided hereunder; modify, translate, or create derivative works based on the Flock Services or any software provided hereunder, (ii) attempt to modify, alter, tamper with or repair any of the Flock IP, or attempt to create any derivative product from any of the foregoing; (iii) interfere or attempt to interfere in any manner with the functionality or proper working of any of the Flock IP; (iv) remove, obscure, or alter any notice of any intellectual property or proprietary right appearing on or contained within the Flock Services or Flock IP; (v) use the Flock Services for anything other than the Permitted Purpose; or (vi) assign, sublicense, sell, resell, lease, rent, or otherwise transfer, convey, pledge as security, or otherwise encumber, Customer’s rights. There are no implied rights.

5.3 Disclosure of Footage. Subject to and during the Retention Period, Flock may access, use, preserve and/or disclose the Footage to law enforcement authorities, government officials, and/or third parties, if legally required to do so or if Flock has a good faith belief that such access, use, preservation or disclosure is reasonably necessary to comply with a legal process, enforce this Agreement, or detect, prevent or otherwise address security, privacy, fraud or technical issues, or emergency situations.

6. PAYMENT OF FEES

6.1 Billing and Payment of Fees. Customer shall pay the fees set forth in the applicable Order Form based on the billing structure and payment terms as indicated in the Order Form. To the extent the Order Form is silent, Customer shall pay all invoices net thirty (30) days from the date of receipt. If Customer believes that Flock has billed Customer incorrectly, Customer must contact Flock no later than thirty (30) days after the closing date on the first invoice in which the error or problem appeared to receive an adjustment or credit. Customer acknowledges and agrees that a failure to contact Flock within this period will serve as a waiver of any claim. If any undisputed fee is more than thirty (30) days overdue, Flock may, without limiting its other rights and remedies, suspend delivery of its service until such undisputed invoice is paid in full. Flock shall provide at least thirty (30) days’ prior written notice to Customer of the payment delinquency before exercising any suspension right.

6.2 Notice of Changes to Fees. In the event of any changes to fees, Flock shall provide Customer with sixty (60) days notice (email sufficient) prior to the end of the Initial Term or Renewal Term (as applicable). Any such changes to fees shall only impact subsequent Renewal Terms.

6.3 Taxes. To the extent Customer is not a tax exempt entity, Customer is responsible for all taxes, levies, or duties, excluding only taxes based on Flock’s net income, imposed by taxing authorities associated with the order. If Flock has the legal obligation to pay or collect taxes, including amount subsequently assessed by a taxing authority, for which Customer is responsible, the appropriate amount shall be invoice to and paid by Customer unless Customer provides Flock a legally sufficient tax exemption certificate and Flock shall not charge Customer any taxes from which it is exempt. If any deduction or withholding is required by law, Customer shall notify Flock and shall pay Flock any additional amounts necessary to ensure that the net

amount that Flock receives, after any deduction and withholding, equals the amount Flock would have received if no deduction or withholding had been required.

7. TERM AND TERMINATION

7.1 Term. The initial term of this Agreement shall be for the period of time set forth on the Order Form (the “Term”). Unless otherwise indicated on the Order Form, the Term shall commence upon first installation of Flock Hardware, as applicable. Following the Term, unless otherwise indicated on the Order Form, the Parties have an option to renew the Agreement for successive renewal terms of twelve (12) months each, as set forth on the Order Form (each, a “Renewal Term”) by providing notice of at least thirty (30) days prior to the end of the thencurrent term. Renewal Terms shall not accrue automatically.

7.2 Termination. Upon termination or expiration of this Agreement, Flock will remove any applicable Flock Hardware at a commercially reasonable time period. In the event of any material breach of this Agreement, the non-breaching Party may terminate this Agreement prior to the end of the Term by giving thirty (30) days prior written notice to the breaching Party; provided, however, that this Agreement will not terminate if the breaching Party has cured the breach prior to the expiration of such thirty (30) day period (“Cure Period”). Either Party may terminate this Agreement (i) upon the institution by or against the other Party of insolvency, receivership or bankruptcy proceedings, (ii) upon the other Party's making an assignment for the benefit of creditors, or (iii) upon the other Party's dissolution or ceasing to do business. In the event of a material breach by Flock, and Flock is unable to cure within the Cure Period, Flock will refund Customer a pro-rata portion of the pre-paid fees for Services not received due to such termination.

7.3 Survival. The following Sections will survive termination: 1, 3, 5, 6, 7, 8.3, 8.4, 9, 10.1 and

11.6. 8. REMEDY FOR DEFECT; WARRANTY AND DISCLAIMER

8.1 Manufacturer Defect. Upon a malfunction or failure of Flock Hardware or Embedded Software (a “Defect”), Customer must notify Flock’s technical support team. In the event of a Defect, Flock shall make a commercially reasonable attempt to repair or replace the defective Flock Hardware at no additional cost to the Customer. Flock reserves the right, in its sole

discretion, to repair or replace such Defect, provided that Flock shall conduct inspection or testing within a commercially reasonable time, but no longer than seven (7) business days after Customer gives notice to Flock.

8.2 Replacements. In the event that Flock Hardware is lost, stolen, or damaged, Customer may request a replacement of Flock Hardware at a fee according to the reinstall fee schedule (https://www.flocksafety.com/reinstall-fee-schedule). In the event that Customer chooses not to replace lost, damaged, or stolen Flock Hardware, Customer understands and agrees that Flock is not liable for any resulting impact to Flock Service, nor shall Customer receive a refund for the lost, damaged, or stolen Flock Hardware.

8.3 Warranty. Flock shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Services and shall perform the Installation Services in a professional and workmanlike manner. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Flock or by third-party providers, or because of other causes beyond Flock’s reasonable control, but Flock shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption.

8.4 Disclaimer. THE REMEDY DESCRIBED IN SECTION 8.1 ABOVE IS CUSTOMER’S SOLE REMEDY, AND FLOCK’S SOLE LIABILITY, WITH RESPECT TO DEFECTS.

FLOCK IS NOT LIABLE FOR ANY DAMAGES OR ISSUES ARISING FROM THIRDPARTY DISTRIBUTIONS REQUESTED BY CUSTOMER. AFOREMENTIONED DISTRIBUTION IS AT CUSTOMER’S OWN RISK. FLOCK DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE

ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE SERVICES ARE PROVIDED “AS IS” AND FLOCK DISCLAIMS ALL WARRANTIES,

EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THIS

DISCLAIMER ONLY APPLIES TO THE EXTENT ALLOWED BY THE GOVERNING LAW OF THE STATE MENTIONED IN SECTION 11.6.

8.5 Insurance. Flock will maintain commercial general liability policies to be provided as Exhibit B.

8.6 Force Majeure. Parties are not responsible or liable for any delays or failures in performance from any cause beyond their control, including, but not limited to acts of God, changes to law or regulations, embargoes, war, terrorist acts, pandemics (including the spread of variants), issues of national security, acts or omissions of third-party technology providers, riots, fires, earthquakes, floods, power blackouts, strikes, supply chain shortages of equipment or supplies, financial institution crisis, weather conditions or acts of hackers, internet service providers or any other third party acts or omissions.

9. LIMITATION OF LIABILITY; INDEMNITY

9.1 Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY,

FLOCK, ITS OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND

EMPLOYEES SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY

SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED

THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, PRODUCT LIABILITY, OR OTHER THEORY: (A) FOR LOSS OF REVENUE, BUSINESS OR BUSINESS INTERRUPTION; (B) INCOMPLETE, CORRUPT, OR INACCURATE DATA; (C) COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY; (D) FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES; (E) FOR ANY MATTER BEYOND FLOCK’S ACTUAL

KNOWLEDGE OR REASONABLE CONTROL INCLUDING REPEAT CRIMINAL ACTIVITY OR INABILITY TO CAPTURE FOOTAGE; OR (F) FOR ANY AMOUNTS

THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS,

EXCEED THE FEES PAID AND/OR PAYABLE BY CUSTOMER TO FLOCK FOR THE SERVICES UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS PRIOR TO THE

ACT OR OMISSION THAT GAVE RISE TO THE LIABILITY, IN EACH CASE, WHETHER OR NOT FLOCK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THIS LIMITATION OF LIABILITY OF SECTION ONLY APPLIES TO THE EXTENT

ALLOWED BY THE GOVERNING LAW OF THE STATE REFERENCED IN SECTION

11.6. NOTWITHSTANDING ANYTHING TO THE CONTRARY, THE FOREGOING

LIMITATIONS OF LIABILITY SHALL NOT APPLY (I) IN THE EVENT OF GROSS

NEGLIGENCE OR WILLFUL MISCONDUCT, OR (II) INDEMNIFICATION OBLIGATIONS.

9.2 Responsibility. Each Party to this Agreement shall assume the responsibility and liability for the acts and omissions of its own employees, officers, or agents, in connection with the performance of their official duties under this Agreement. Each Party to this Agreement shall be liable for the torts of its own officers, agents, or employees.

9.3 Flock Indemnity. Flock shall indemnify and hold harmless Customer, its agents and employees, from liability of any kind, including claims, costs (including defense) and expenses, on account of: (i) any copyrighted material, patented or unpatented invention, articles, device or appliance manufactured or used in the performance of this Agreement; or (ii) any damage or injury to property or person directly caused by Flock’s installation of Flock Hardware, except for where such damage or injury was caused solely by the negligence of the Customer or its agents, officers or employees. Flock’s performance of this indemnity obligation shall not exceed the fees paid and/or payable for the services rendered under this Agreement in the preceding twelve (12) months.

10. INSTALLATION SERVICES AND OBLIGATIONS

10.1 Ownership of Hardware. Flock Hardware is owned and shall remain the exclusive property of Flock. Title to any Flock Hardware shall not pass to Customer upon execution of this Agreement, except as otherwise specifically set forth in this Agreement. Except as otherwise expressly stated in this Agreement, Customer is not permitted to remove, reposition, re-install, tamper with, alter, adjust or otherwise take possession or control of Flock Hardware. Customer agrees and understands that in the event Customer is found to engage in any of the foregoing restricted actions, all warranties herein shall be null and void, and this Agreement shall be subject to immediate termination for material breach by Customer. Customer shall not perform any acts which would interfere with the retention of title of the Flock Hardware by Flock. Should Customer default on any payment of the Flock Services, Flock may remove Flock Hardware at Flock’s discretion. Such removal, if made by Flock, shall not be deemed a waiver of Flock’s rights to any damages Flock may sustain as a result of Customer’s default and Flock shall have the right to enforce any other legal remedy or right.

10.2 Deployment Plan. Flock shall advise Customer on the location and positioning of the Flock Hardware for optimal product functionality, as conditions and locations allow. Flock will collaborate with Customer to design the strategic geographic mapping of the location(s) and implementation of Flock Hardware to create a deployment plan (“Deployment Plan”). In the event that Flock determines that Flock Hardware will not achieve optimal functionality at a designated location, Flock shall have final discretion to veto a specific location, and will provide alternative options to Customer.

10.3 Changes to Deployment Plan. After installation of Flock Hardware, any subsequent requested changes to the Deployment Plan, including, but not limited to, relocating, repositioning, adjusting of the mounting, removing foliage, replacement, changes to heights of poles will incur a fee according to the reinstall fee schedule located at (https://www.flocksafety.com/reinstall-fee-schedule). Customer will receive prior notice and confirm approval of any such fees.

10.4 Customer Installation Obligations. Customer is responsible for any applicable supplementary cost as described in the Customer Implementation Guide, attached hereto as Exhibit C. Customer represents and warrants that it has, or shall lawfully obtain, all necessary right title and authority and hereby authorizes Flock to install the Flock Hardware at the designated locations and to make any necessary inspections or maintenance in connection with such installation.

10.5 Flock’s Obligations. Installation of any Flock Hardware shall be installed in a professional manner within a commercially reasonable time from the Effective Date of this Agreement. Upon removal of Flock Hardware, Flock shall restore the location to its original condition, ordinary wear and tear excepted. Flock will continue to monitor the performance of Flock Hardware for the length of the Term. Flock may use a subcontractor or third party to perform certain obligations under this Agreement, provided that Flock’s use of such subcontractor or third party shall not release Flock from any duty or liability to fulfill Flock’s obligations under this Agreement.

11. MISCELLANEOUS

11.1 Compliance with Laws. Parties shall comply with all applicable local, state and federal laws, regulations, policies and ordinances and their associated record retention schedules, including responding to any subpoena request(s).

11.2 Severability. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.

11.3 Assignment. This Agreement is not assignable, transferable or sublicensable by either Party, without prior consent. Notwithstanding the foregoing, either Party may assign this Agreement, without the other Party's consent, (i) to any parent, subsidiary, or affiliate entity, or (ii) to any purchaser of all or substantially all of such Party's assets or to any successor by way of merger, consolidation or similar transaction.

11.4 Entire Agreement. This Agreement, together with the Order Form(s), the reinstall fee schedule (https://www.flocksafety.com/reinstall-fee-schedule), and any attached exhibits are the complete and exclusive statement of the mutual understanding of the Parties and supersedes and cancels all previous or contemporaneous negotiations, discussions or agreements, whether written and oral, communications and other understandings relating to the subject matter of this Agreement. All waivers and modifications must be in a writing signed by both Parties, except as otherwise provided herein. None of Customer’s purchase orders, authorizations or similar documents will alter the terms of this Agreement, and any such conflicting terms are expressly rejected. Any mutually agreed upon future purchase order is subject to these legal terms and does not alter the rights and obligations under this Agreement, except that future purchase orders may outline additional products, services, quantities and billing terms to be mutually accepted by Parties. In the event of any conflict of terms found in this Agreement or any other terms and conditions, the terms of this Agreement shall prevail. Customer agrees that Customer’s purchase is neither contingent upon the delivery of any future functionality or features nor dependent upon any oral or written comments made by Flock with respect to future functionality or feature.

11.5 Relationship. No agency, partnership, joint venture, or employment is created as a result of this Agreement and Parties do not have any authority of any kind to bind each other in any respect whatsoever. Flock shall at all times be and act as an independent contractor to Customer.

11.6 Governing Law; Venue. This Agreement shall be governed by the laws of the state in which the Customer is located. The Parties hereto agree that venue would be proper in the chosen courts of the State of which the Customer is located. The Parties agree that the United Nations Convention for the International Sale of Goods is excluded in its entirety from this Agreement.

11.7 Special Terms. Flock may offer certain special terms which are indicated in the Order Form and will become part of this Agreement, upon Customer’s prior written consent and the mutual execution by authorized representatives (“Special Terms”). To the extent that any terms of this Agreement are inconsistent or conflict with the Special Terms, the Special Terms shall control.

11.8 Publicity. Upon prior written consent, Flock has the right to reference and use Customer’s name and disclose the nature of the Services in business and development and marketing efforts.

Nothing contained in this Agreement shall be construed as conferring on any Party, any right to use the other Party’s name as an endorsement of product/service.

11.9 Feedback. If Customer or Authorized End User provides any suggestions, ideas, enhancement requests, feedback, recommendations or other information relating to the subject matter hereunder, Customer or Authorized End User hereby assigns to Flock all right, title and interest (including intellectual property rights) with respect to or resulting from any of the foregoing.

11.10 Export. Customer may not remove or export from the United States or allow the export or re-export of the Flock IP or anything related thereto, or any direct product thereof in violation of any restrictions, laws or regulations of the United States Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, or any other United States or foreign Customer or authority. As defined in Federal Acquisition Regulation (“FAR”), section

2.101, the Services, the Flock Hardware and Documentation are “commercial items” and according to the Department of Defense Federal Acquisition Regulation (“DFAR”) section 252.2277014(a)(1) and are deemed to be “commercial computer software” and “commercial computer software documentation.” Flock is compliant with FAR Section 889 and does not contract or do business with, use any equipment, system, or service that uses the enumerated banned Chinese telecommunication companies, equipment or services as a substantial or essential component of any system, or as critical technology as part of any Flock system.

Consistent with DFAR section 227.7202 and FAR section 12.212, any use, modification, reproduction, release, performance, display, or disclosure of such commercial software or commercial software documentation by the U.S. Government will be governed solely by the terms of this Agreement and will be prohibited except to the extent expressly permitted by the terms of this Agreement.

11.11 Headings. The headings are merely for organization and should not be construed as adding meaning to the Agreement or interpreting the associated sections.

11.12 Authority. Each of the below signers of this Agreement represent that they understand this Agreement and have the authority to sign on behalf of and bind the Parties they are representing upon the Effective Date.

11.13 Conflict. In the event there is a conflict between this Agreement and any applicable statement of work, or Customer purchase order, this Agreement controls unless explicitly stated otherwise.

11.14 Notices. All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by email; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt to the address listed on the Order Form (or, if different, below), if sent by certified or registered mail, return receipt requested. All notices will be provided to the email or mailing address listed in the Order Form.

11.15 Non-Appropriation. Notwithstanding any other provision of this Agreement, all obligations of the Customer under this Agreement which require the expenditure of public funds are conditioned on the availability of said funds appropriated for that purpose. To the extent applicable, Customer shall have the right to terminate this Agreement for non-appropriation with thirty (30) days written notice without penalty or other cost. .

FLOCK NOTICES ADDRESS:
1170 HOWELL MILL ROAD, NW SUITE 210
ATLANTA, GA 30318
ATTN: LEGAL DEPARTMENT
EMAIL: [email protected]
Customer NOTICES ADDRESS:

ADDRESS: 1600 W. Beverly Blvd., Montebello, CA 90640
ATTN: William Molinari, Administrative Lieutenant
EMAIL: [email protected]

Flock Safety + CA - Montebello PD
______________
Flock Group Inc.
1170 Howell Mill Rd, Suite 210
Atlanta, GA 30318
______________
MAIN CONTACT:

Larry Barsocchini
[email protected]
408.317.8617

EXHIBIT A

ORDER FORM
Customer: CA - Montebello PD Initial Term: 36 Months
Legal Entity Name: CA - Montebello PD Renewal Term: 24 Months Accounts Payable Email: [email protected] Payment Terms: Net 30 Address: 1600 W Beverly Blvd Montebello, California
90640
Billing Frequency: Annual Plan - First Year Invoiced at Signing.

Retention Period: 30 Days
Hardware and Software Products
Annual recurring amounts over subscription term
Item Cost Quantity Total
Flock Safety Platform $82,000.00
Flock Safety Flock OS
Enhanced LPR Upgrade Included 1 Included
Flock Safety LPR Products
Flock Safety LPR, fka Falcon Included 19 Included
Flock Safety Long-Range LPR, fka Falcon LR Included 3 Included Professional Services and One Time Purchases
Item Cost Quantity Total
One Time Fees
Flock Safety Professional Services
Professional Services - Existing Infrastructure
Implementation Fee $150.00 3 $450.00
Professional Services - Standard Implementation Fee $250.00 5 $1,250.00 Professional Services - Existing Infrastructure
Implementation Fee $50.00 12 $600.00
Professional Services - MASH Tested Pole
Implementation Fee - Non-Coastal Region $850.00 2 $1,700.00 Subtotal Year 1: $86,000.00
Annual Recurring Subtotal: $82,000.00
Discounts: $4,000.00
Estimated Tax: $0.00
Contract Total: $250,000.00
Taxes shown above are provided as an estimate. Actual taxes are the responsibility of the Customer. This Agreement will automatically renew for successive renewal terms of the greater of one year or the length set forth on the Order Form (each, a “Renewal Term”) unless either Party gives the other Party notice of non-renewal at least thirty (30) days prior to the end of the then-current term.

The Term for Flock Hardware shall commence upon first installation and validation, except that the Term for any Flock Hardware that requires selfinstallation shall commence upon execution of the Agreement. In the event a Customer purchases more than one type of Flock Hardware, the earliest Term start date shall control. In the event a Customer purchases software only, the Term shall commence upon execution of the Agreement.

Billing Schedule
Billing Schedule Amount (USD)
Year 1
At Contract Signing $86,000.00
Annual Recurring after Year 1 $82,000.00
Contract Total $250,000.00
*Tax not included
Discounts
Discounts Applied Amount (USD)
Flock Safety Platform $0.00
Flock Safety Add-ons $0.00
Flock Safety Professional Services $4,000.00

Product and Services Description
Flock Safety Platform Items Product Description
Enhanced LPR Upgrade
The Enhanced LPR Package is a software add-on for any of the FlockOS® tiers designed to help detectives and patrol officers conduct more efficient, informed, and collaborative investigations. Its advanced License Plate Recognition (LPR) features streamline investigations, providing officers with immediate access to essential information and improving communication within and across departments.

Flock Safety LPR, fka Falcon
Law enforcement grade infrastructure-free (solar power + LTE) license plate recognition camera with Vehicle Fingerprint ™ technology (proprietary machine learning software) and real-time alerts for unlimited users.

Flock Safety Long-Range LPR, fka
Falcon LR
Law enforcement grade, long range and high vehicle speed license plate recognition camera with Vehicle Fingerprint ™ technology (proprietary machine learning software) and real-time alerts for unlimited users, with LTE. AC Power Only.

Professional Services - Existing
Infrastructure Implementation Fee
One-time Professional Services engagement. Includes site and safety assessment of existing vertical infrastructure location, camera setup and testing, and shipping and handling in accordance with the Flock Safety Standard Implementation Service Brief.

Professional Services - Standard
Implementation Fee
One-time Professional Services engagement. Includes site and safety assessment, camera setup and testing, and shipping and handling in accordance with the Flock Safety Standard Implementation Service Brief.

Professional Services - Existing
Infrastructure Implementation Fee
One-time Professional Services engagement. Includes site and safety assessment of existing vertical infrastructure location, camera setup and testing, and shipping and handling in accordance with the Flock Safety Standard Implementation Service Brief.

Professional Services - MASH
Tested Pole Implementation Fee -
Non-Coastal Region MASH tested pole that meets DOT crashworthiness requirements. Includes materials, installation, and maintenance.

By executing this Order Form, Customer represents and warrants that it has read and agrees to all of the terms and conditions contained in the Master Services Agreement attached.

The Parties have executed this Agreement as of the dates set forth below.

FLOCK GROUP, INC. Customer: CA - Montebello PD
By:
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By:
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Name:
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Name:
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Title:
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Title:
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Date:
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Date:
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PO Number:

EXHIBIT B

INSURANCE
Required Coverage. Flock shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the services under this Agreement and the results of that work by Flock or its agents, representatives, employees or subcontractors. Insurance shall be placed with insurers with a current A. M. Best rating of no less than “A” and “VII”. Flock shall obtain and, during the term of this Agreement, shall maintain policies of professional liability (errors and omissions), automobile liability, and general liability insurance for insurable amounts of not less than the limits listed herein. The insurance policies shall provide that the policies shall remain in full force during the life of the Agreement. Flock shall procure and shall maintain during the life of this Agreement Worker's Compensation insurance as required by applicable State law for all Flock employees. For the avoidance of doubt, (i) all required insurance limits by Customer can be met through a combination of primary and excess/umbrella coverage, and (ii) Flock’s Cyber and Professional Liability/Errors and Omissions insurance has a shared limit of Five Million Dollars (5,000,000) per incident and in the aggregate.

Types and Amounts Required. Flock shall maintain, at minimum, the following insurance coverage for the duration of this Agreement:
(i) Commercial General Liability insurance written on an occurrence basis with minimum limits of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) in the aggregate for bodily injury, death, and property damage, including personal injury, contractual liability, independent contractors, broad-form property damage, and product and completed operations coverage;
(ii) Workers Compensation insurance in accordance with statutory limits; (iii) Professional Liability/Errors and Omissions insurance with minimum limits of Five Million Dollars ($5,000,000) per occurrence and Five Million Dollars ($5,000,000) in the aggregate;

(iv) Commercial Automobile Liability insurance with a minimum combined single limit of One Million Dollars ($1,000,000) per occurrence for bodily injury, death, and property coverage, including owned and non-owned and hired automobile coverage; and (v) Cyber Liability insurance written on an occurrence basis with minimum limits of Five Million Dollars ($5,000,000).

EXHIBIT C

Sole Source Declaration Form
Updated 03/2023

SOLE SOURCE DECLARATION
I, THE UNDERSIGNED, DO HEREBY CERTIFY to the best of my knowledge, after analyzing pertinent information available to us at this time, the item(s)/service(s) listed below can only be furnished by the following vendor due to the following justification(s):

Item/Service To lease automated license plate readers
Vendor Flock Group Inc. (DBA Flock Safety)
Address 1170 Howell Mill Road NW STE 210
City, State Atlanta, GA 30318
Justification: Refer to Back Page of this Form for Accepted Justification and Indicate the Exception Claimed Below, Provide Additional Information as Needed Flock Safety is the sole provider of our proprietary public safety technology solution specifically designed for use by law enforcement, communities, and private entities to increase safety and reduce crime.

I declare under penalty of perjury that the foregoing is true and correct. _________________________________ ________________
(Insert Department Director Name) Date
Signature
Luis Lopez (Jul 31, 2025 09:55:13 PDT)
Jul 31, 2025

Under “Justification” on Page 1 of this form, indicate which exception to the Purchasing Municipal Code (Chapter 3.20 et al) is being claimed to deem this purchase a “sole source purchase:”
Acceptable and Allowed Exceptions:

1. Only one manufacturer makes the item(s) meeting required specifications, AND that manufacturer only sells direct/exclusively through one regional/national vendor/representative.

2. The original manufacturer can only perform maintenance or repair services, AND the manufacturer does not have multiple agents to perform the required services.

3. Replacement and/or spare parts are exclusively available from the original manufacturer, AND the original manufacturer does not have distributors for those parts.

4. Patented items or copyrighted materials that are only available from the patent or copyright holder.

5. A formal/informal survey has been conducted by the requesting Department and/or Finance Department to determine whether other vendors/consultants can satisfy the requirements of the item or service. The survey provides vendors/consultants with a list of detailed requirements, and they provide a written response regarding their capability to supply the item or service. If only one (1) vendor can meet all of the listed requirements, this survey may be used to support the sole source claim.

6. A collaborative project where a specific vendor/contractor/consultant is named by the funding agency and/or inter-agency agreement as the source of an item or service, and the use of the vendor/consultant is required for compatibility.

1170 Howell Mill Rd. NW · Suite 210, Atlanta, GA 30318
2025 Sole Source Letter for Flock Safety® Public Safety Solutions April 02, 2025
Montebello PD
1600 W Beverly Blvd
Montebello, CA, 90640
Dear William Molinari,
This letter serves to confirm that Flock Group Inc. d/b/a Flock Safety is the sole provider of our proprietary public safety technology solution specifically designed for use by law enforcement, communities, and private entities to increase safety and reduce crime. Flock Safety’s unique system integrates hardware and cloud-based software to enable real-time data processing and secure data sharing capabilities that are unavailable through other providers.

As the sole developer and provider of this proprietary technology, Flock Safety retains exclusive rights to manufacture, license, and support the products and software we offer. Our solutions include cutting-edge features such as machine learning analytics, CJIS-compliant data storage, and a centralized system that facilitates collaboration across multiple jurisdictions, supporting a more robust and efficient public safety network. Specifically, Flock Safety provides the ability to access additional cameras from Flock customers, including:

Monterrey Park, Pico Riveria, Bell Gardens, Commerce, Vernon, South Gate, Downey, Paramount, Santa Fe Springs, Whittier, El Monte, South El Monte, Rosemead, Alhambra, at no additional cost.

No other vendor offers the specific combination of hardware and cloud-based features, CJIScompliant data handling, or the national network capabilities that Flock Safety provides. For these reasons, Flock Safety is the only source available for these services.

Thank you,
Garrett Langley CEO, Flock Safety®

1170 Howell Mill Rd. NW · Suite 210, Atlanta, GA 30318
Flock Safety® LPR Cameras
Flock Safety® is the sole manufacturer, developer, and distributor of Flock Safety® LPR Camera, Flock Safety® Long-Range LPR, Flock Safety® Short-Range LPR, Flock Safety® Flex LPR Camera, Flock Safety® LPR Camera for Neighborhoods, and Flock Safety® LPR Video Integration.

Flock Safety® LPR Camera
• Fixed, infrastructure-free license plate recognition (“LPR”) cameras suitable for capturing two (2+) lanes of traffic simultaneously with a single camera from a vertical mass
• Includes Flock Safety® solar LPR camera option (next-gen platform standard range), which may cover up to three (3) lanes of traffic simultaneously Flock Safety® Long-Range LPR
• Fixed, infrastructure-free long-range (“LR”) LPR, suitable for capturing three (3+) lanes of traffic simultaneously with a single camera from a vertical mass • Includes Flock Safety® solar LR LPR option (next-gen platform LR) Flock Safety® Short-Range LPR
• Fixed, infrastructure-free short-range (“SR”) LPR with solar power capability, suitable for wide angle capture (i.e., parking lots or garages)
Flock Safety® Flex LPR Camera
• Location-flexible, infrastructure-free self-installation LPR camera with solar power option
• Ties seamlessly into the Flock Safety® ecosystem with a small and lightweight camera • Ability to read up to 30,000 license plates and vehicle attributes on a single battery charge
Flock Safety® LPR Camera for Neighborhoods
• Infrastructure- and maintenance-free LPR for 24/7 neighborhood security Flock Safety® LPR Video Integration
• Integrates third-party LPR and video cameras into FlockOS® utilizing existing camera infrastructures
The Flock Safety® LPR cameras listed above are the only Law Enforcement Grade LPR cameras to offer the following combination of proprietary features:
• Vehicle Fingerprint Technology®
o Patented proprietary machine vision to analyze vehicle license plate, state recognition, and vehicle attributes such as color, type, make and objects (roof rack, bumper stickers, etc.) based on image analytics (not car registration data) o Machine vision to capture and identify characteristics of vehicles with a paper license plate and vehicles with the absence of a license plate o Ability to “Save Search” based on description of vehicles using Flock’s patented Vehicle Fingerprint Technology® without the need for a license plate, and set

1170 Howell Mill Rd. NW · Suite 210, Atlanta, GA 30318
up alerts based on vehicle description
o Only LPR provider with “Visual Search,” which can transform digital images from any source into an investigative lead by finding matching vehicles based on the vehicle attributes in the uploaded photo
• Integrated Cloud-Software & Hardware Platform
o Best in class ability to capture and process up to 30,000 vehicles per day with a single camera powered exclusively by solar power
o Wireless deployment of solar powered license plate reading cameras with integrated cellular communication weighing less than 5lbs and able to be powered solely by a solar panel of 65W or less
o Web based footage retrieval tool with filtering capabilities such as vehicle color, vehicle type, vehicle manufacturer, partial or full license plate, state of license plate, and object detection
o Utilizes motion trigger to start and stop recording without the need for a reflective plate
o Motion detection allows for unique vehicle cases such as bicycle capture, ATV, motorcycle, etc.
o On device machine processing to limit LTE bandwidth consumption o All images and metadata is encrypted throughout its entire lifecycle from ondevice to storage in Flock’s US-based CJIS-compliant cloud o Covert industrial design for minimizing visual pollution • Transparency & Ethical Product Design
o One-of-a-kind “Transparency Portal,” a public-facing dashboard that details the customer’s policies, as well as automatically updates metrics from the Flock Safety® system
o Built-in integration with National Center for Missing & Exploited Children (“NCMEC”) to receive AMBER Alerts to find missing children o Privacy controls to enable certain vehicles to “opt-out” of being captured • Integrated Gunshot Detection
o Ability to pair with Flock Safety® gunshot detection device, which has natively integrated gunshot detection capabilities utilizing machine learning to recognize audio signatures typical of crimes in progress (e.g., gunshots) • Live Video Integration
o Ability to apply computer vision to third-party cameras using the Flock Safety® LPR video integration, transforming them into evidence capture devices using the same Vehicle Fingerprint® technology offered on the Flock Safety® LPR cameras
o Flock Safety® video integration livestream integrates live stream traffic cameras, publicly or privately owned livestream security cameras into one cloud-based situational awareness dashboard to increase response time in mission-critical incidents
o Manage various government intelligence including LPR, livestream cameras, computer-aided dispatch (“CAD”), automatic vehicle location (“AVL”) on Flock Safety® video integration suite

1170 Howell Mill Rd. NW · Suite 210, Atlanta, GA 30318
• Situational Awareness
o FlockOS® is the world’s first and only public safety operating system compatible with Flock Safety® LPR video cameras, including live streaming fixed and pan-tilt-zoom (“PTZ”) video cameras, and the Flock Safety® gunshot detection device, while seamlessly integrating first and third-party data across video, LPR, and audio to deliver real-time intelligence and retroactive crime solving in a single-pane real-time crime center
o Ability to enhance situational awareness capacity by layering all intelligence streams onto the FlockOS® ESRI-based map
o FlockOS® features Flock Safety® unique Real-Time Routing feature that analyzes various data sources to determine where a suspect vehicle has been and its direction of travel, providing users with possible outcomes based on a confidence threshold
• Warranty & Service
o Lifetime maintenance and support included in subscription price o Flock Safety® is the only fully integrated LPR one-stop solution from production of the devices to delivery and installation
o Performance monitoring software to predict potential failures, obstructions, tilts, and other critical or minor issues
• Partnerships
o Flock Safety® is the only LPR provider to officially partner with Prepared911 to distribute 911 call audio and transcripts to law enforcement agencies o Through FlockOS®, Flock Safety® is the only LPR provider to officially partner with FirstTwo to enable clicking anywhere on a display map to display the relevant information from FirstTwo
o Access to additional cameras purchased by Flock’s HOA and private business partners, means an ever-increasing amount of cameras and data at no additional cost

1170 Howell Mill Rd. NW · Suite 210, Atlanta, GA 30318
Flock Safety® Software
Flock Safety® is the sole provider of the comprehensive monitoring, processing, and machine vision services, including FlockOS®, Flock911, Flock Safety® Traffic Analytics for Businesses, Flock Safety® Advanced Investigations Analytics, and Flock Safety® Traffic Analytics for Government, which integrate with Flock Safety® LPR cameras, Flock Safety® video cameras, and the Flock Safety® gunshot detection device.

FlockOS®
• Public safety platform that unifies first and third-party data across LPR, video, and audio to deliver real-time intelligence
• FlockOS® is the world’s first and only public safety operating system compatible with Flock Safety® license plate recognition (“LPR”) video cameras, including Flock Safety® live streaming fixed and pan-tilt-zoom (“PTZ”) video cameras, and the Flock Safety® gunshot detection device, while seamlessly integrating first and third-party data across video, LPR, and audio to deliver real-time intelligence and retroactive crime solving in a single-pane real-time crime center
• Ability to enhance situational awareness capacity by layering all intelligence streams onto the FlockOS® ESRI-based map
• FlockOS® features Flock Safety™ unique Real-Time Routing feature that analyzes various data sources to determine where a suspect vehicle has been and its’ direction of travel providing users with possible outcomes based on a confidence threshold • Through FlockOS, Flock Safety® is the only LPR provider to officially partner with FirstTwo to enable clicking anywhere on a display map to display relevant information from FirstTwo
Flock911
• Real-time 911 calls and caller-sourced media for enhanced situational clarity in MDTs and Real Time Crime Centers (“RTCCs”)
• FlockOS® is the only product on the market that works with Prepared911 to distribute 911 call audio and transcripts to law enforcement agencies directly Flock Safety® Traffic Analytics for Businesses
• Provides customers with actionable visitor insights from their LPR network to enhance marketing and operations efforts
Flock Safety® Advanced Investigations Analytics
• Allows customers to leverage their LPR network to expand theft and organized crime cases
Flock Safety® Traffic Analytics for Government
• Allows customers to unlock the potential of their LPR network for critical traffic management insights

Attachment B -Sole Source Letter - Montebello
PD
Final Audit Report 2025-07-31
Created: 2025-07-31
By: Alexis Lucero ([email protected])
Status: Signed
Transaction ID: CBJCHBCAABAAd-cqgFVCGVSbM88Ev_eou0AuaJ7sIq0b "Attachment B -Sole Source Letter - Montebello PD" History Document created by Alexis Lucero ([email protected]) 2025-07-31 - 4:39:31 PM GMT
Document emailed to [email protected] for signature 2025-07-31 - 4:40:19 PM GMT
Email viewed by [email protected]
2025-07-31 - 4:40:47 PM GMT
Signer [email protected] entered name at signing as Luis Lopez 2025-07-31 - 4:55:11 PM GMT
Document e-signed by Luis Lopez ([email protected]) Signature Date: 2025-07-31 - 4:55:13 PM GMT - Time Source: server Agreement completed.
2025-07-31 - 4:55:13 PM GMT

ITEM # 19

CITY OF MONTEBELLO

CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: Raul Alvarez, City Manager

BY: Luis Lopez, Police Chief
SUBJECT: APPROVE PURCHASE OF CORDICO WELLNESS APPLICATION FOR

THE MONTEBELLO POLICE DEPARTMENT
DATE: August 13, 2025
RECOMMENDATIONS:

It is recommended that the City Council:

1. Approve the purchase of the Cordico Wellness Application to provide a confidential, on-demand mental health and wellness platform for Montebello Police Department personnel (Attachment B); and

2. Authorize the City Manager to execute any necessary documents to complete the purchase, in an amount not to exceed $28,800 for a two-year subscription term for the Police Department use of the Cordico Wellness Appication; and

3. Take such additional, related action that may be desirable.

FISCAL IMPACT:

The fiscal impact of purchasing the Cordico Wellness Application subscription for the Police Department is $14,400 per year, totaling $28,800 for a two-year upfront subscription. The implementation and two-year subscription fee for the Cordico Wellness Application will be funded from the 2023 COPS LEMHWA (Law Enforcement Mental Health and Wellness Act) Grant Program, and funds are available in Account No. 265- 80-833-6010.40 (Grants, Police, LEMHWA - Mental Health Wellness, Machinery & Equipment - Computer Software).

The City currently utilizes Lexipol for policy manual services and their Cordico Wellness Application for the Fire Department. Therefore, under the authority of Montebello Municipal Code Chapter 3.20.050(C) Standardization of Goods and/or Services, the City is seeking to expand the use of the public safety Cordico Wellness Application for the

CITY COUNCIL AGENDA REPORT - MEETING OF AUGUST 13, 2025

Police Department and its personnel (Attachment B).

The estimated total expense for Fiscal Year 2025-26 for the new and continuing Lexipol/Cordico Wellness Application services is $124,802 (Attachment A) across the Police, Fire and Administration Departments. These expenses cover policy manual updating (Administration) as well as continued policy manual access for the Police and Fire Departments, as well as the Cordico application for Police and Fire.

BACKGROUND/DISCUSSION:

The Montebello Police Department was awarded $197,250 through the 2023 COPS (Community Oriented Policing Services) LEMHWA (Law Enforcement Mental Health and Wellness Act) Grant Program for a variety of mental health and wellness items and services. The Cordico Wellness application is one of the projects being funded through this grant program to support the wellness of sworn, civilian, and retired law enforcement personnel.

The Cordico Wellness Application, a product of Lexipol LLC, is a confidential mobile wellness platform designed specifically for public safety professionals. Currently, the Fire Department utilizes the Cordico Wellness Application for its personnel. This application provides a comprehensive range of mental health and wellness tools tailored to the unique needs of police officers, including peer support integration, confidential selfassessments, stress-reduction tools, educational content, and access to vetted clinicians. The mobile application is utilized by public safety agencies nationwide and has become an industry-standard wellness resource.

The Montebello Police Department recognizes that the mental wellness of its personnel is as critical as their physical safety. Police officers are routinely exposed to traumatic incidents, high-stress situations, and life-threatening emergencies. These cumulative stressors can lead to long-term impacts, including but not limited to PTSD and burnout.

The Cordico Wellness Application provides a proactive, 24/7 tool to support officer wellness, reduce stigma, and promote resiliency.

This application is customizable and will include Montebello-specific resources, peer support contact listings, and direct communication from Montebello Police Department command staff.

ENVIRONMENTAL:

N/A
ANALYSIS:

The Cordico Wellness Application will serve as a key component of the Police Department’s wellness initiative. Key features include:
• 24/7 confidential access via smartphone

CITY COUNCIL AGENDA REPORT - MEETING OF AUGUST 13, 2025

• Interactive self-assessments for stress, anxiety, PTSD, and more • Peer support program integration
• Family member access and support tools
• Wellness videos and mindfulness resources
• Montebello Police Department-specific content, branding, and clinician lists By offering confidential, on-demand access to these services, the mobile application reduces the stigma traditionally associated with seeking mental health support in law enforcement environments. Adoption of this tool is consistent with national best practices and evolving state guidelines on public safety employee wellness.

SUMMARY:

The Montebello Police Department is seeking to enhance its officer wellness initiatives by subscribing to the Cordico Wellness Application, a confidential, mobile-based platform tailored for public safety personnel. The application is part of the City’s broader partnership with Lexipol LLC, which already provides Cordico Wellness for the Fire Department and policy services to the Police Department, Fire Department, and City Administration. The total cost for a two-year up-front subscription is $28,800 (Attachment A), and this project will be funded through the 2023 LEMHWA Grant. This purchase will reinforce the City’s commitment to the safety and mental health and wellness of its law enforcement officers. Staff recommends approval of the Cordico Wellness Application subscription (Attachment B) to ensure continued support of officer well-being and to utilize secured grant funding for this purpose.

ATTACHMENT(S)

1. Attachment A - Schedule of Compensation

2. Attachment B - Lexipol Mater Service Agreement

ATTACHMENT A
Schedule of Compensation
Current Services New Service
Administration
100-20-200-6040.10
(Policy Manual)
Police
100-80-815-6040.40
(Policy Manual)
Fire
100-85-850-6040.10
(Policy Manual and
Cordico)
Police
100-80-815-6040.40
(Cordico)
Estimated
Expenses
FY 2025-26 $60,002 $12,000 $24,000 $28,800 $124,802
FY 2026-27 $20,140 $12,720 $25,440 $0 (paid upfront) $58,300 Total Compensation Shall Not Exceed = $183,102

Q-157284

MASTER SERVICE AGREEMENT
Initial Term Start Date: 07/01/2025 Initial Term End Date: 07/31/2027 Department Information
Mary James
Senior Account Manager - Client Growth
[email protected]
Lexipol LLC
2611 Internet Blvd., Ste. 120
Frisco, Texas 75034
Luis Lopez
Captain
[email protected]
Montebello Police Department
1600 W Beverly Blvd
Montebello, California 90640
This Master Service Agreement (the “Agreement”) is entered into by and between Lexipol, LLC, a Delaware limited liability company ("Lexipol"), and the department, entity, or organization referenced above ("Agency").

This Agreement consists of:
(a) this Cover Sheet
(b) Exhibit A - Selected Services and Associated Fees
(c) Exhibit B - Description of Services
(d) Exhibit C - Terms and Conditions of Service
Each individual signing below represents and warrants that they have full and complete authority to bind the party on whose behalf they are signing to all terms and conditions contained in this Agreement.

Montebello Police Department Lexipol, LLC
Signature: \s1\_______________________________ Signature: \s11\_____________________________ Print Name: \n1\_______________________________ Print Name: \n11\_____________________________ Title: \t1\_______________________________ Title: \t11\_____________________________ Date Signed:\d1\_______________________________ Date Signed:\d11\_____________________________ Account Executive Information Agency Information

ATTACHMENT B

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Exhibit A

SELECTED SERVICES AND ASSOCIATED FEES
Agency is purchasing the following:
001 Year 1 Subscription (2025-08-01 to 2026-07-31)
Qty Description Unit Price Disc (%) Disc Amount Tax Amount Extended 76 Cordico Wellness App $16,000.00 10% $1,600.00 $14,400.00 Discount: $1,600.00 Subtotal: $14,400.00
002 Year 2 Subscription (2026-08-01 to 2027-07-31)
Qty Description Unit Price Disc (%) Disc Amount Tax Amount Extended 76 Cordico Wellness App $16,000.00 10% $1,600.00 $14,400.00 Discount: $1,600.00 Subtotal: $14,400.00
Discount: $3,200.00
Subtotal: $28,800.00
Tax:

Total Due: $28,800.00
Discount Notes
Sourcewell + Multiple Lexipol Products
Order Summary

Q-157284
Exhibit B
Description of Services
Cordico Wellness Solution
Public safety personnel frequently face high-stress situations, traumatic events and unique workplace challenges that can significantly impact their mental health and overall wellbeing. In addition to these stressors, they face the stigma around asking for help and the fear of being seen as weak or unfit for duty. Lexipol’s Cordico wellness solution provides a completely anonymous platform for personnel to proactively seek help. The app includes a complete range of self-assessments, one-touch access to crisis support lines, and a directory with your agency’s peer support team, chaplains, and therapists. Also included are wellness toolkits with over 60 behavioral health guides on topics like family and relationships, physical fitness and nutrition, and more.
• Maintain anonymity with a single agency login.
• Provide your personnel with 24/7 access to confidential assessments and counseling resources. • Help personnel cope with the effects of critical events and chronic exposure to trauma. • Empower your peer support team by placing their contact information at the fingertips of your personnel. • Improve personnel decision-making, empathy and resilience, enhancing the service your organization provides. • Personalize your app with your agency’s badge and a welcome video from your leadership. • Support agency retirees and family members (included with agency subscription).

Q-157284
Copyright © Lexipol, LLC 1995-2025
Rev. 4.1.2025
1 Exhibit C
Terms and Conditions of Service
These Terms and Conditions of Service (the “Terms”) govern the rights and obligations of Lexipol, LLC (“Lexipol”) and Agency under this Agreement. Lexipol and Agency may each be referred to herein as a “Party” and collectively as the “Parties.”

1. Definitions. Each of the following capitalized terms will have the meaning included in this Section. Other capitalized terms are defined within their respective sections, below.

1.1 “Agency” means the department, agency, office, organization, company, or other entity purchasing and/or subscribing to Lexipol Services, as may be further denoted on the cover sheet to which these Terms are attached.

1.2 “Agency Data” means all data, information, and content owned by Agency for purposes of identifying authorized users, confirming departmental information, or which are ancillary to receipt of Lexipol Services.

1.3 “Agreement” means the combination of the cover sheet; Exhibit A (“Selected Services and Associated Fees”); Exhibit B (Description of Services); this Exhibit C (“Terms and Conditions of Service”); and any other documents attached hereto and expressly incorporated herein by reference.

1.4 “Custom Agreement Terms” refers to an optional section within Exhibit A which allows the Parties to modify this Agreement and/or incorporate additional exhibits or addenda by reference.

1.5 “Initial Term” means the initial period of time in which Agency has elected to receive Lexipol Services.

1.6 “Initial Term Start Date” is specified on the cover sheet and represents the first day of the Initial Term.

1.7 “Initial Term End Date” is specified on the cover sheet and represents the last day of the Initial Term.

1.8 “Lexipol Content” means all content in any format including but not limited to written content, images, videos, data, information, and software multimedia provided by Lexipol and/or its licensors via the Services.

1.9 “Services” means all products and services, including but not limited to all online services,software subscriptions, content licensing, professional services, and ancillary support services as may be offered by Lexipol and/or its affiliates.

2. Term; Renewal. This Agreement becomes enforceable upon signature by Agency’s authorized representative, and effective as of the Initial Term Start Date. Following the Initial Term, this Agreement shall automatically renew in successive oneyear periods (each, a “Renewal Term”) unless terminated as set forth herein. The Initial Term and all Renewal Terms collectively comprise the “Term” of this Agreement.

3. Termination.

3.1 For Convenience; Non-Appropriation. During the Initial Term, this Agreement may only be terminated through mutual written approval from an authorized representative of each Party. Following the Initial Term, this Agreement may be terminated by either party for convenience (including due to lack of appropriation of funds for Agency) by providing sixty (60) days written notice to the other Party. NOTE: Fees paid for Online Services are not eligible for refund, proration, or offset in the event of termination for convenience by Agency. Fees pre-paid for Professional Services may be eligible for refund, proration or offset to the extent such Services have not been delivered.

3.2 For Cause. This Agreement may be terminated by either party, effective immediately, (a) in the event the other party fails to discharge any material obligation, including payment obligations, or remedy any material default hereunder for a period of more than thirty (30) calendar days after it has been provided written notice of such failure or default; or (b) in the event that the other party makes an assignment for the benefit of creditors or commences or has commenced against it any proceeding in bankruptcy, insolvency or reorganization pursuant to the bankruptcy laws of any applicable jurisdiction.

3.3 Effect of Expiration or Termination. Upon the expiration or termination of this Agreement for any reason, Agency’s access to the Services herein shall cease unless Lexipol has, in its sole discretion, provided for their limited continuation.

Termination or expiration of this Agreementshall not, however, relieve either party from any obligation or liability that has accrued under this Agreement prior to the date of such termination or expiration, including payment obligations.

4. Fees; Invoicing. Lexipol will invoice Agency at the commencement of the Initial Term and thirty (30) days prior to the commencement of each Renewal Term, if applicable. Agency agrees to remit payment within thirty (30) calendar days of receipt

Q-157284
Copyright © Lexipol, LLC 1995-2025
Rev. 4.1.2025
2 of Lexipol’sinvoice. Payments may be made electronically through Lexipol’s online customer portal or by mailing a check to Lexipol, LLC at PO Box 676232 Dallas, TX 75267-6232 (Attn: Accounts Receivable). Agency is responsible for all third-party fees (e.g., wire fees, bank fees, credit card processing fees) incurred when paying electronically, and such fees are in addition to those listed on Exhibit A. Lexipol reservesthe right to increase feesfor Renewal Termsfollowing notice to Agency. All fee amountsstated in Exhibit A are exclusive of taxes. Unless otherwise exempt, Agency is responsible for and will pay in full all taxes related to receipt of Lexipol’s Services. If Agency is exempt, it must send its exemption certificate(s) to [email protected].

5. Terms of Service. The following provisions govern access to and use of specific Lexipol’s Services:

5.1 Online Services. Lexipol’s Online Services include all online services offered by Lexipol and its partners, affiliates, and licensors. Online Services include, without limitation, Lexipol’s Policy Knowledge Management System (“KMS”), Learning Management System (“LMS”), Cordico wellness application(s), GrantFinder, Virtual Instructor-Led Training, and the LEFTA Systems suite of solutions (collectively, the “Online Services”). Note: LMS Services include, but are not limited to: PoliceOne Academy, FireRescue1 Academy, EMS1 Academy, Corrections1 Academy, and LocalGovU.

5.2 Professional Services. Lexipol’s Professional Services include those Services that are not part of Lexipol’s Online Services and which require the direct, hands-on professional expertise of Lexipol personnel and/or contractors, including implementation support for policy manuals and software, technical support for online learning, accreditation consulting, grant writing, and projectsrequiring regularinputfromLexipol’ssubjectmatter experts(collectively, “Professional Services”). Professional Services may also be referred to as “One-Time” Services on Exhibit A and may also include the provision of supplemental documentation from Lexipol’s Professional Services team, either with this Agreement or during the provision of Service. NOTE:

Agency is responsible for submitting all information reasonably required by Lexipol’s grant writing team in a timely manner and always at least five (5) days prior to each grant application submission date. Agency is responsible for submissions of final grant applications by grant deadlines. Failure to timely submit required materials to Lexipol’s grant writing team will result in rollover of project fees to next grant application cycle, not a refund of fees. Requests for cancellation of grant writing services which have already begun will result in a 50% fee of the total value of the service.

5.3 Account Security. Access to Lexipol’s Services is personal and unique to Agency. Agency shall not assign, transfer, or provide accessto Lexipol Servicesto any third party without Lexipol’s prior written consent. Agency isresponsible for maintaining the security and confidentiality of Agency’s usernames and passwords and the security of Agency’s accounts. Agency will immediately notify Lexipol if Agency becomes aware that any person or entity other than authorized Agency personnel has used Agency’s account or Agency’s usernames and/or passwords.

5.4 Agency Data. Lexipol’s use of Agency Data is limited to providing and improving the Services, retaining records in the regular course of business, and complying with applicable legal obligations. Lexipol will use commercially reasonable efforts to ensure the security of all Agency Data, including technical and organizational measures to protect Agency Data against unauthorized or unlawful processing and against accidental loss, destruction, damage, theft, alteration or disclosure, including through measures specified by the National Institute of Standards and Technology (NIST). Lexipol’s Services use the Secure Socket Layer (SSL) protocol, which encrypts information as it travels between Lexipol and Agency. However, data transmission on the internet is not always 100% secure and Lexipol cannot and does not warrant that information Agency transmits is 100% secure.

5.5 Intellectual Property. Lexipol’s Services, and all Lexipol Content underlying such Services, are proprietary and, where applicable, protected under U.S. copyright, trademark, patent, and/or other applicable laws. When subscribing to Lexipol’s Online Services, Agency and its authorized personnel receive a personal, limited, non-sublicensable and non-assignable license to access and use the Services in conformity with these Terms. Nothing contained in this Agreement, and no course of dealing, shall be construed as conferring any right of ownership to Lexipol’s Services or Lexipol Content. Lexipol Content may be incorporated into Agency’s final policy manuals, including beyond the Term of this Agreement, but Agency may not otherwise share Lexipol Content with private, for-profit, or commercial third parties, or commercialize Lexipol Content in any way. Agency acknowledges and agrees that Lexipol shall have no responsibility to update the Lexipol Content used by Agency beyond the Term of this Agreement and that Lexipol hereby disclaims and shall have no liability whatsoever for Agency’s reliance on or use of modified or derivative forms of Lexipol Content including, without limitation, any revision, abridgement, condensation, expansion, compilation, or any other form in which Lexipol Content, or any portion thereof, isrecast, transformed, adapted, or modified from its original form. NOTE: AGENCY

ACKNOWLEDGES AND AGREES THAT, PRIOR TO USE AND FINAL PUBLICATION, ALL AGENCY POLICIES AND DAILY TRAINING BULLETINS (DTBs) HAVE BEEN INDIVIDUALLY REVIEWED AND ADOPTED BY AGENCY. AGENCY ACKNOWLEDGES AND AGREES THAT IT, AND NOT LEXIPOL, IS CONSIDERED THE “POLICY MAKER” WITH REGARD TO EACH AND EVERY SUCH POLICY AND DTB.

6. Confidentiality. Each Party may disclose information to the other Party that would be reasonably considered confidential,

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Copyright © Lexipol, LLC 1995-2025
Rev. 4.1.2025
3 including Agency Data (collectively, “Confidential Information”). Upon receiving such Confidential Information, each Party will: (a) limit disclosure of such Confidential Information to authorized representatives only; (b) advise its personnel and agents of the confidential nature of such Confidential Information and of the obligations set forth in this Agreement; and (c) not disclose any Confidential Information to any third party unless expressly authorized by the disclosing Party. Notwithstanding the foregoing, this section shall not operate to limit Agency’s disclosure authority pursuant to a valid governmental, judicial, or administrative order, subpoena,regulatory request, Freedom of Information Actrequest, Public Records Actrequest, or equivalent, provided that Agency notifies Lexipol of such disclosure, to the extent practicable, such that Lexipol may seek to make such disclosure subject to a protective order or other appropriate remedy to preserve the confidentiality of Lexipol’s Confidential Information and trade secrets.

7. Warranty. LEXIPOL WARRANTS THAT IT SHALL NOT KNOWINGLY INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS; THAT ITS SERVICES ARE PROVIDED IN A PROFESSIONAL AND WORKMANLIKE MANNER IN ACCORDANCE WITH PREVAILING INDUSTRY STANDARDS; AND THAT THEY SHALL BE FIT FOR THE SPECIFIC PURPOSES SET FORTH HEREIN. BEYOND THE FOREGOING, LEXIPOL’S SERVICES ARE PROVIDED “AS-IS” AND LEXIPOL DISCLAIMS ALL OTHER WARRANTIES, EXPRESS, IMPLIED, OR OTHERWISE.

8. Indemnification; Limitation of Liability. Lexipol will indemnify, defend, and hold harmless Agency from and against any and all loss, liability, damage, claim, cost, charge, demand, fine, penalty, or expense arising directly and solely out of Lexipol’s acts or omissions in providing the Services. Each Party’s cumulative liability resulting from any claims, demands, or actions arising out of or relating to this Agreement shall not exceed the aggregate amount of fees paid by Agency to Lexipol during the twelve-month period immediately prior to the assertion of such claim, demand, or action. In no event shall either Party be liable for indirect, incidental, consequential, special, exemplary damages, or lost profits.

9. General Terms.

9.1 Entire Agreement. This Agreement embodies the entire agreement between the Parties and supersedes all prior agreements with respect to the subject matter hereof. No representation, promise, or statement of intention has been made by either party that is not embodied herein. Terms and conditions set forth in any purchase order or other document that are inconsistent with or in addition to the terms and conditions set forth in this Agreement are rejected in their entirety and void, regardless ofwhen received, withoutfurther action.No amendment,modification, orsupplementto this Agreementshall be binding unless it is made in writing and signed by both parties.

9.2 General Interpretation. The terms of this Agreement have been chosen by the parties hereto to express their mutual intent. This Agreement shall be construed equally against each party without regard to any presumption or rule requiring construction against the party who drafted this Agreement or any portion thereof.

9.3 Invalidity of Provisions. Each provision contained in this Agreement is distinct and severable. A declaration of invalidity or unenforceability of any provision or portion thereofshall not affect the validity or enforceability of any oth er provision.

Should any provision or portion thereof be held to be invalid or unenforceable, the parties agree that the reviewing authority should endeavor to give effect to the parties’ intention as reflected in such provision to the maximum extent possible.

9.4 Governing Law. Each party shall maintain compliance with all applicable laws, rules, regulations, and orders relating to its obligations pursuant to this Agreement. This Agreement shall be construed in accordance with, and governed by, the laws of the state in which Agency is located, without giving effect to any choice of law doctrine that would cause the law of any other jurisdiction to apply.

9.5 Assignment. This Agreement may not be assigned by either party without the prior written consent of the other.

Notwithstanding the foregoing, this Agreement may be assumed by a party’s successor in interest through merger, acquisition, or consolidation without additional notice or consent.

9.6 Waiver. Either party’s failure to exercise, or delay in exercising, any right or remedy under any provision of this Agreement shall not constitute a waiver of such right or remedy.

9.7 Notices. Any notice required hereunder shall be in writing and shall be made by certified mail (postage prepaid) to known, authorized recipients at such address as each party may indicate from time to time. In addition, electronic mail (email) to established and authorized recipients is acceptable when acknowledged by the receiving party.

ITEM # 20

CITY OF MONTEBELLO

CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: Raul Alvarez, City Manager

BY: Michael Solorza, Director of Finance
SUBJECT: AWARD PROFESSIONAL SERVICES AGREEMENT NO. 4337 WITH

HINDERLITER DE LLAMAS AND ASSOCIATES (HDL COMPANIES NC)

FOR BUSINESS LICENSE ADMINISTRATION SERVICES
DATE: August 13, 2025
RECOMMENDATIONS:

It is recommended that the City Council:

1. Award Professional Services Agreement No. 4337 with Hinderliter de Llamas and Associates (HdL Companies NC) for Business License Administration Services; and

2. Authorize the City Manager to execute the agreement; and

3. Take such additional, related action that may be desirable.

FISCAL IMPACT:

The City currently utilizes the services of Hinderliter de Llamas and Associates (HdL Companies) to administer the City’s business license program. This is a complex operation that – as required by Montebello Municipal Code Section 5.04 et al – licenses approximately 4,000 businesses in the City, ensuring they meet required zoning, fire safety and other local, County and State regulations. HdL provides a single point of contact for business owners – live staff available via telephone or assistance through a web portal accessible from the City’s website – to apply for new licenses, renew existing licenses, and receive assistance with the business license process. Therefore, under the authority of Montebello Municipal Code Chapter 3.21.025(C) Conformance with Bidding Procedures, the City is seeking to award a contract to continue the provision of business license administration and management services by HDL Companies.

The City has utilized HdL Companies for business license services since 2020, and they

CITY COUNCIL AGENDA REPORT - MEETING OF AUGUST 13, 2025

have proven their ability to provide efficient and effective management of the business license program, and ensure all businesses in Montebello are operating safely and legally per the Municipal Code. Therefore, per MMC Chapter 3.21.025(C), it would be "...uneconomical in [this] instance to follow the [required bidding] procedures" detailed in Chapter 3.21 et al.

The City’s business license program is forecasted to provide $3.125 million in General Fund revenue in Fiscal Year 2025-26. Since HdL Companies assumed complete management of the business license program, revenue has increased 39% -- from $2.255 million in FY 2019-20 to $3.125 million estimated for FY 2025-26. HdL Companies' efforts ensure all businesses operating in the City have a business license, renew them annually, and capture owed fees from businesses found to be operating without a business license.

The annual cost for administering the business license program in FY 2024-25 was approximately $225,000. This included the “per business” administration fee, as well as fees charged for revenue discovery, audits and collections. The annual expense for FY 2025-26 will be approximately the same – with variations due to new businesses and discoveries through audits. The adopted budget for Fiscal Year 2025-26 includes the necessary funds for these services in the Finance Department’s operating budget.

BACKGROUND/DISCUSSION:

The City has utilized HdL Companies to manage its Business License program since 2020. HdL Companies has been able to maintain compliance with the City’s Municipal Code by ensuring annual renewal of licenses, as well as discovering businesses operating without a license. These discovery and audit efforts assist the Fire and Community Development Departments with ensuring all businesses are operating per local and State regulations (i.e., State Fire Code, local zoning ordinances, etc.).

HdL Companies currently provides full business license program administration for over 600 Cities. Since HdL Companies is already in use by the City, and has familiarity with the City’s program and businesses, continuing to utilize them to manage the business license program makes the most organizational and financial sense.

Therefore, it is recommended to award the three (3) year term agreement to HdL Companies (Attachment A) under the authority of Chapter 3.21.025(C) of the municipal code. This agreement will ensure continued access to HdL Companies specialized services. Staff have been satisfied with HdL Companies and recommend continued use of their services.

ENVIRONMENTAL:

N/A
ANALYSIS:

N/A

CITY COUNCIL AGENDA REPORT - MEETING OF AUGUST 13, 2025

SUMMARY:

Staff recommends the City Council authorize the City Manager to execute Professional Service Agreement No. 4337 (Attachment A) with HdL Companies for management of the business license program, utilizing Chapter 3.21.025(C) Conformance with Bidding Procedures to procure these services from an existing vendor. Sufficient appropriations are included in the adopted FY 2025-26 budget.

ATTACHMENT(S)

1. Attachment A - Agreement No. 4337

CITY OF MONTEBELLO
PROFESSIONAL SERVICES AGREEMENT NO. 4337

WITH HINDERLITER DE LLAMAS AND ASSOCIATES
(HDL)
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into on August 13, 2025 (“Effective Date”), by and between the CITY OF MONTEBELLO, a California municipal corporation (the “CITY”) and Hinderliter de Llamas and Associates (HdL Companies NC) (the “CONSULTANT”). The CITY and the CONSULTANT are sometimes referred to herein individual as the “Party,” and jointly as the “Parties.”

RECITALS
WHEREAS, the CITY desires to retain a qualified professional consultant to provide Tax & Fee Professional Services in the CITY; and WHEREAS, the CONSULTANT represents that it is fully qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees.

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

SECTION 1. INCORPORATION OF RECITALS AND OTHER CONTRACT

DOCUMENTS
a. The above-referenced Recitals constitute a material part hereof and shall hereby be incorporated by reference. Moreover, this Agreement consists of the following documents, in order of precedence, all of which are incorporated herein and made part of this Agreement, as though fully set forth herein:

1. This Agreement and its Exhibits, including any and all addenda or supplemental agreements.

2. Proposal dated June 23, 2025 (Exhibit “A”)

3. Proposal referenced and Best Final Offer received by the successful proposer.

4. All other documents, including but not limited to all applicable bonds, insurance certificates, permits, notices, schedules, forms, certifications, and affidavits.
b. These documents shall be collectively referred to herein as the “Contract Documents.” In the event of a conflict among the Contract Documents, the order of precedence list above shall apply.

SECTION 2. SERVICES / COMPENSATION.
a. All terms, conditions, requirements, and provisions of the Contract

ATTACHMENT A

PROFESSIONAL SERVICES AGREEMENT NO. 4337

Documents are hereby incorporated fully herein by this reference and shall be binding on the Parties. To the extent of a conflict between the terms of this Agreement and that set forth in any exhibits or attachments hereto, the terms of this Agreement shall govern. However, any conflict between the Cooperative Purchasing Agency’s Contract and this Agreement, the more favorable term to the City shall control. b. The CONSULTANT shall provide to the CITY all labor, equipment, materials and incidental necessary to provide the services as set forth fully in Consultant’s Proposal, as such is set forth fully in Exhibit “A” hereto and incorporated fully herein by this reference (hereinafter “Professional Services”). c. The CONSULTANT shall be compensated for performance of the Professional Services as set forth in the Schedule of Compensation attached hereto as Exhibit "B" and incorporated fully herein by this reference (" Compensation"). The CONSULTANT shall provide an itemized billing statement to the CITY each month for Professional Services performed. The CONSULTANT shall no incur fees or costs which exceed the Compensation without the prior written consent of the CITY.

SECTION 3. TERM.
a. This Agreement shall commence on August 13, 2025 (“Effective Date”) shall expire on June 30, 2028, unless terminated earlier as hereinafter provided. This Agreement may be extended for up to two (2) one-year (1) extensions upon such terms and conditions mutually agreed upon by the Parties in writing.

SECTION 4. PERFORMANCE.
a. The CONSULTANT shall at all times, faithfully, competently, and to the best of its ability, experience, and talent, perform all tasks described herein. b. The CONSULTANT shall employ, at a minimum, generally accepted standards and practices utilized by companies engaged in providing similar services, as are required of Consultant hereunder, in meeting its obligations under this Agreement.
c. The CONSULTANT shall be knowledgeable of and subject to all CITY ordinances, rules and regulations, standard operating procedures, and the supervisory chain of command.
d. The CONSULTANT shall have the right to retain, subject to the CITY's approval, additional individuals, consultants or subconsultants to assist in the completion of services as herein defined. Compensation for additional individuals, consultants or subconsultants shall be the sole and exclusive responsibility of the CONSULTANT.
e. The CONSULTANT shall retain all original reports, field and office notes, correspondence, calculations, maps, and other documents specifically related to the services provided by the CONSULTANT pursuant to this Agreement, other than documents which are exempt from disclosure pursuant to the attorney- client privilege or any other law. Said documents shall be made available for inspection by the CITY upon request.

PROFESSIONAL SERVICES AGREEMENT NO. 4337

SECTION 5. WORK PRODUCT.
a. The CONSULTANT hereby agrees that all work product produced pursuant to this Agreement, and provided to the CITY during and upon completion of this Agreement, shall be the property of the CITY, and ownership of said work product shall be retained by the CITY. The CONSULTANT may take and retain copies of such written products as desired, but no such written products shall be the subject of a copyright application by the CONSULTANT.
b. All data, documents, discussion, or other information developed or received by the CONSULTANT or provided for performance of this Agreement are deemed confidential and shall not be disclosed by the CONSULTANT without prior written consent by the CITY. The CITY shall grant such consent if disclosure is legally required. All such written products shall be returned to the CITY upon the termination or expiration of this Agreement. The CONSULTANT agrees that the covenants contained in this Section shall survive the expiration or termination of this Agreement.

SECTION 6. EXTRA SERVICES.

No extra services over and above the Compensation shall be rendered by the CONSULTANT under this Agreement unless such extra services first shall have been duly authorized in writing by the CITY’s City Manager (the “City Manager”).

SECTION 7. CITY SUPERVISION.

The City Manager shall have the right of general supervision of all work performed by the CONSULTANT and shall be the CITY’s agent with respect to obtaining the CONSULTANT’s compliance hereunder. No payment for services rendered under this Agreement shall be made without the prior approval of the City Manager.

SECTION 8. TERMINATION.

In the event that either Party hereto fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, the non-defaulting party shall give the defaulting party written notice of the default, the nature of the default, and of the steps necessary to cure the default.
a. Termination for Cause. In the event that any of the provisions of the Agreement are violated by either party, the non-defaulting Party may terminate the Agreement by serving written notice upon the other Party, listing the violation(s) and its intent to terminate such Agreement unless within ten (10) days after the serving of such notice, such violation shall cease or be rectified, the contract shall upon the expiration of an additional thirty (30) days cease and terminate. Violations by the CONSULTANT which cannot be corrected within ten (10) days, said contract shall at the option of the CITY cease and terminate upon the giving of like notice. In the event of any such termination for default by the CONSULTANT, the CITY may take over the work and prosecute the same to completion by contract or otherwise for the account and at the expense of the CONSULTANT. The CONSULTANT and his sureties shall be liable to the CITY for any excess cost occasioned in the event of any such termination. This change shall not be construed to prevent the termination, for other causes authorized by law or other provisions of this contract.

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In the event of a termination for cause, the CONSULTANT shall only be entitled to the Compensation for those Professional Services satisfactory performed on or before the effective date of termination.
b. Termination for Convenience. The CITY shall have the option, at its sole discretion and without cause, to terminate this Agreement in whole, or in part, by giving ten (30) business days’ written notice to the CONSULTANT. Upon the termination of this Agreement as provided herein, the CITY shall provide to the CONSULTANT the part of Compensation which would otherwise be payable to the CONSULTANT for services the CONSULTANT had completed as of the date of termination, less the amount of all previous payment with respect to the Compensation. Further, upon such a termination for convenience by the CITY, the Parties agree that the CONSULTANT shall be reimbursed for any “non- refundable” costs that the CONSULTANT has incurred for its services under this Agreement, provided that: (1) such “non- refundable” costs were incurred by the CONSULTANT prior to the date of termination, and (2) that the CONSULTANT provides the CITY with adequate proof that the CONSULTANT incurred the costs, and is unable to be seek a refund for such costs. Such “non-refundable” costs may include, but are not limited to, travel reservations incurred by the CONSULTANT for its performance of services under this Agreement. The CONSULTANT agrees to cease all work under this Agreement on or before the effective date of any notice of termination.

SECTION 9. EMPLOYMENT OF CITY EMPLOYEES.

No regular employee of the CITY shall be employed by the CONSULTANT during the term of this Agreement.

SECTION 10. NON-LIABILITY OF CITY OFFICIALS AND EMPLOYEES.

No official or employee of the CITY shall be personally liable to the CONSULTANT in the event of any default or breach by the CITY, or for any amount which may become due to the CONSULTANT.

SECTION 11. INDEPENDENT CONSULTANT.
a. The CONSULTANT is and shall, at all times, remain as to the CITY a wholly independent consultant. Neither the CITY nor any of its elected officials, officers, employees, or agents shall have control over the conduct of the CONSULTANT except as expressly set forth in this Agreement. The CONSULTANT shall not at any time or in any manner represent that he or she is in any manner an elected official, officer, employee, or agent of the CITY. No employee benefits shall be available to the CONSULTANT in connection with the performance of this Agreement. Except as provided in this Agreement, the CITY shall not pay salary, wages, or other compensation to the CONSULTANT for performance hereunder for the CITY, the CITY shall not be liable for compensation to the CONSULTANT, the CONSULTANT’s employees or the CONSULTANT’s subconsultants for injury or sickness arising out of performing services hereunder.
b. The parties further acknowledge and agree that nothing in this Agreement shall create or be construed to create a partnership, joint venture, employment relationship or any other relationship except as set forth in this Agreement.

PROFESSIONAL SERVICES AGREEMENT NO. 4337

c. The CITY shall not deduct from the Compensation paid to the CONSULTANT any sums required for Social Security, withholding taxes, FICA, state disability insurance or any other federal, state or local tax or charge which may or may not be in effect or hereinafter enacted or required as a charge or withholding on the compensation paid to the CONSULTANT. The CITY shall have no responsibility to provide the CONSULTANT, its employees or subconsultants with workers’ compensation insurance or any other insurance.

SECTION 12. CalPERS ANNUITANTS AND ELIGIBILITY INDEMNITY. a. If the CONSULTANT is a California Public Employees’ Retirement System (“CalPERS”) annuitant, the CONSULTANT must provide the City with written notification of such fact a minimum of 14 calendar days prior to commencement of services under this Agreement. Failure to provide such notification may result in termination of the Agreement, and any penalties or other costs relating thereto shall be borne by the CONSULTANT. If this Agreement remains in place, the CONSULTANT shall execute any amendment(s) to this Agreement requested by the City in order to comply with all laws and regulations applicable to CalPERS annuitants.
b. In the event that the CONSULTANT or any employee, agent, or subconsultant of the CONSULTANT providing services under this Agreement claims or is determined by a court of competent jurisdiction or CalPERS to be eligible for enrollment in CalPERS as an employee of the CITY, the CONSULTANT shall indemnify, defend, and hold harmless the CITY for the payment of any employee and/or employer contributions for CalPERS benefits on behalf of the CONSULTANT or its employees, agents, or subconsultants, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of the CITY.
c. Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, the CONSULTANT and any of its employees, agents, and subconsultants providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by the CITY, including but not limited to eligibility to enroll in PERS as an employee of the CITY and entitlement to any contribution to be paid by the CITY for employer contribution and/or employee contributions for PERS benefits.

SECTION 13. LEGAL RESPONSIBILITIES.

The CONSULTANT shall at all times observe and comply with all applicable laws, ordinances, codes, and regulations of the federal, state, and local governments including, but not limited to the Montebello Municipal Code. The CITY, and its appointed or elected officers, employees, or agents, shall not be liable at law or in equity occasioned by failure of the CONSULTANT to comply with this section.

SECTION 14. INDEMNIFICATION.

The CONSULTANT agrees to, and shall defend, indemnify, protect and hold harmless, the CITY, its elected and appointed boards, officers, officials, employees, agents and volunteers from and against any and all claims, demands, lawsuits, defense costs, civil, penalties, expenses, causes of action, and judgments at law or

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in equity, or liability of any kind or nature which the CITY, its elected and appointed boards, officers, officials, employees, agents and volunteers may sustain or incur or which may be imposed upon them for injuries or deaths of persons, or damage to property arising out of the CONSULTANT’s negligent or wrongful act, or omission under the terms of this Agreement, except only liability arising out of the sole negligence of the CITY.

SECTION 15. INSURANCE COVERAGE.
a. During the term of this Agreement, the CONSULTANT shall carry, maintain, and keep in full force and effect insurance against claims for death or injuries to persons or damages to property that may arise from or in connection with CONSULTANT’s performance of this Agreement. Such insurance shall be of the types and in the amounts as set forth below:
• Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis for bodily injury and property damage, including products-completed operations, personal injury, and advertising injury, with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, the limit shall be twice the required occurrence limit.
• Automobile Liability Insurance: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if CONSULTANT has no owned autos, Code 8 (hired) and 9 (non-owned), with limit no less than $1,000,000 per accident for bodily injury and property damage. • Worker's Compensation insurance as required by the laws of the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. • Professional Liability insurance appropriate to the CONSULTANT’S profession, with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate.
b. If the CONSULTANT maintains higher limits than the minimums shown above, the CITY requires and shall be entitled to coverage for the higher limits maintained by the CONSULTANT.
c. The CONTACTOR shall require each of its subconsultants, if any, to maintain insurance coverage that meets all of the requirements of this Agreement. d. The policy or policies required by this Agreement shall be issued by an insurer admitted in the State of California and with a current rating of at least A:VII in the latest edition of Best's Insurance Guide.
e. Each insurance policy required above shall state that coverage shall not be canceled, except after thirty (30) days’ prior written notice (ten [10] days for non-payment) has been given to the CITY. The CONSULTANT agrees that if it does not keep the aforesaid insurance in full force and effect the CITY may either (i) immediately terminate this Agreement for Cause; or (ii) take out the necessary

PROFESSIONAL SERVICES AGREEMENT NO. 4337

insurance and pay, at the CONSULTANT’s expense, the premium thereon. f. Evidence of Insurance prior to commencement. The Contractor shall provide to the CITY Certificate(s) of Insurance evidencing such coverage together with copies of the required policy endorsements no later than five (5) business days prior to commencement of service and at least fifteen (15) business days prior to the expiration of any policy. Unreasonable failure to provide such evidence may be cause for termination of the Agreement as provided herein or delay the services’ commencement date. The evidence of insurance shall be U.S. mail or email to:

City of Montebello
Attn: Risk Manager
1600 West Beverly Boulevard
Montebello, CA 90640
Email: [email protected]
Coverage shall not be suspended, voided, cancelled, reduced in coverage or in limits, non-renewed, or materially changed for any reason, without thirty (30) days prior written notice thereof given by the insurer to the CITY by U.S. mail, or by personal delivery, except for nonpayment of premiums, in which case ten (10) days prior notice shall be provided.
g. Evidence of Insurance during the entire term of the Agreement. At all times during the term of this Agreement, the CONSULTANT shall maintain on file with the CITY’s Risk Manager a certificate or certificates of insurance showing that the aforesaid policies are in effect in the required amounts and naming the CITY as an additional insured. The CONSULTANT shall, prior to commencement of work under this Agreement, file with the CITY’s Risk Manager such certificate(s). h. The CONSULTANT shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least two (2) weeks prior to the expiration of the coverages. i. The general liability and automobile policies of insurance required by this Agreement shall contain an endorsement naming the CITY, its officers, employees, agents and volunteers as additional insureds. All of the policies required under this Agreement shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty days’ prior written notice to the CITY. The CONSULTANT agrees to require its insurer to modify the certificates of insurance to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word “endeavor” with regard to any notice provisions.
j. The insurance provided by the CONSULTANT shall be primary to any coverage available to the CITY. Any insurance or self-insurance maintained by the CITY, its officers, employees, agents, or volunteers, shall be in excess of CONSULTANT’s insurance and shall not contribute with it. k. All insurance coverage provided pursuant to this Agreement shall not prohibit the CONSULTANT, and CONSULTANT’s employees, agents or subconsultants, from waiving the right of subrogation prior to a loss. The

PROFESSIONAL SERVICES AGREEMENT NO. 4337

CONSULTANT hereby waives all rights of subrogation against the CITY. l. Any deductibles or self-insured retentions must be declared to and approved by the CITY. At the option of the CITY, the CONSULTANT shall either reduce or eliminate the deductibles or self-insured retentions with respect to the CITY, or the CONSULTANT shall procure a bond guaranteeing payment of losses and expenses. m. Procurement of insurance by the CONSULTANT shall not be construed as a limitation of the CONSULTANT'S liability or as full performance of CONSULTANT’s duties to indemnify, hold harmless and defend under the indemnity covenants of this Agreement.

SECTION 16. SUBCONTRACT, ASSIGNMENT OR DELEGATION.

The CONSULTANT shall not subcontract, delegate, or assign its duties or rights hereunder, either in whole or in part, without the prior written consent of the CITY.

Any proposed subcontract, delegation, or assignment shall provide a description of the services to be covered, identification of the proposed sub-consultant, delegee, or assignee, and an explanation of why and how the same was selected, including the degree of competition involved.

Any subcontract, delegation or assignment shall be made in the name of the CONSULTANT and shall not bind or purport to bind the CITY and shall not release the CONSULTANT from any obligations under this Agreement including, but not limited to, the duty to properly supervise and coordinate the work of employees, assignees, delegees or sub-consultants. No such subcontract, delegation or assignment shall result in any increase in the amount of total compensation payable to the CONSULTANT under the Agreement.

SECTION 17. NO WAIVER.

Waiver by any party hereto of any term, condition or covenant of this Agreement shall not constitute the waiver of any other term, condition, or covenant hereof.

SECTION 18. DISPUTE RESOLUTION; GOVERNING LAW.

Disputes regarding the interpretation or application of any provision(s) of this Agreement shall, to the extent reasonably feasible, be resolved through good faith negotiations between the Parties. If any action at law or in equity is brought to enforce this Agreement or because of alleged dispute, breach, default or misrepresentation in connection with the provisions of this Agreement, the prevailing party in such action shall be entitled to reasonable attorney’s fees, expert fees, costs and necessary disbursements incurred in that action or proceeding, in addition to such other relief as may be sought and awarded. The venue for any litigation shall be County of Los Angeles, California. The Parties agree that the covenants contained in this Section shall survive the expiration or termination of this Agreement.

SECTION 19. ATTORNEY’S FEES AND COSTS.

If litigation is reasonably required to enforce or interpret the provisions of this Agreement, the prevailing party in such litigation shall be entitled to an award of

PROFESSIONAL SERVICES AGREEMENT NO. 4337

reasonable attorney's fees and costs in addition to any other relief to which it may be entitled.

SECTION 20. WARRANTIES.

Each of the parties represents and warrants to one another as follows:
a. It has received independent legal advice from its attorneys with respect to the advisability of entering into and executing this Agreement; b. In executing this Agreement, it has carefully read this Agreement, knows the contents thereof, and has relied solely on the statements expressly set forth herein and has placed no reliance whatsoever on any statement, representation, or promise of any other party, or any other person or entity, not expressly set forth herein, nor upon the failure of any other party or any other person or entity to make any statement, representation or disclosure of any matter whatsoever; and c. It is agreed that each party has the full right and authority to enter into this Agreement, and that the person executing this Agreement on behalf of either party has the full right and authority to fully commit and bind such party to the provisions of this Agreement.

SECTION 21. MISCELLANEOUS.
a. The descriptive paragraph headings of this Agreement are included for purposes of convenience only and shall not control or affect the construction of interpretation of any of its provisions.
b. Whenever the context hereof shall so require, the singular shall include the plural, the male gender shall include the female gender, and the neuter and vice versa.
c. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof and this Agreement shall be construed as if such invalid, illegal, or unenforceable provisions had never been contained herein.
d. The representations and warranties made by the parties to this Agreement shall survive the consummation of the transaction herein described. e. This Agreement may be signed in any one or more counterparts all of which taken together shall be but one and the same Agreement. Any signed copy of this Agreement or of any other document or agreement referred to herein, or copy or counterpart thereof, delivered by facsimile transmission, shall for all purposes be treated as if it were delivered containing an original manual signature of the party whose signature appears in the facsimile and shall be binding upon such party in the same manner as though an originally signed copy had been delivered. f. Each of the parties acknowledges that it has been represented by independent counsel of its own choosing, or if it has not been so represented, it has been admonished to obtain independent counsel and has freely and voluntarily waived and relinquished the right to counsel. Each party who has

PROFESSIONAL SERVICES AGREEMENT NO. 4337

not obtained independent counsel acknowledges that the failure to have independent legal counsel will not excuse such party’s failure to perform under this Agreement or any agreement referred to in this Agreement.

SECTION 22. NOTICE.

All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered via email (an “Electronic Notice” as further defined below), personally or on the second (2nd) business day after the deposit thereof in the United States mail, postage prepaid, registered or certified, addressed as hereinafter provided. All notices, demands, requests, or approvals hereunder shall be given to the following addresses or such other addresses as the Parties may designate by written notice:

If to CITY:

With copy to:

To Consultant:

City of Montebello
Attn: Raul Alvarez, City Manager
1600 W. Beverly Boulevard
Montebello, CA 90640
(323) 887-1200
Email: [email protected]
City of Montebello – Human Resources
Attn: Ramon Figueroa, Director of Human
Resources
1600 W. Beverly Boulevard
Montebello, CA 90640
(323) 887-1200
Email: [email protected]
Hinderliter de Llamas and Associates
(HdL Companies NC)
Attn: Robert Gray
120 S. State College Blvd.,
Suite 200
Brea, CA 92821
(714) 879-5000
Email: [email protected]
An electronic communication (“Electronic Notice”) shall be deemed written notice for purposes of this section if sent to the electronic mail address specified above.

Electronic Notice shall be deemed received at the time the party sending Electronic Notice receives verification of receipt by the receiving party. Any party receiving Electronic Notice may request and shall be entitled to receive the notice on paper, in a nonelectronic form.

SECTION 23. NON-DISCRIMINATION AND EQUAL OPPORTUNITY EMPLOYER.

In the performance of this Agreement, the CONSULTANT shall not discriminate against any employee, sub-consultant, or applicant for employment because of race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, mental condition or sexual orientation. The CONSULTANT will take affirmative action to ensure that sub- consultant and applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition or sexual orientation.

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SECTION 24. CONFLICT OF INTEREST.

The CONSULTANT covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by the CONSULTANT under this Agreement, or which would conflict in any manner with the performance of its services hereunder. The CONSULTANT further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, the CONSULTANT shall avoid the appearance of having any interest that would conflict in any manner with the performance of its services pursuant to this Agreement.

The CONSULTANT covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of services to the CITY as a result of the performance of this Agreement, or the services that may be procured by the CITY as a result of the recommendations made by the CONSULTANT. The CONSULTANT's covenant under this section shall survive the termination of this Agreement.

SECTION 25. ENTIRE AGREEMENT.

This Agreement contains the entire understanding between the CITY and the CONSULTANT. Any prior agreements, promises, negotiations or representations not expressly set forth herein are of no force or effect. Subsequent modifications to this Agreement shall be effective only if in writing and signed by each party. If any term, condition, or covenant of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions of this Agreement shall be valid and binding.
[SIGNATURE PAGE TO FOLLOW]

IN WITNESS WHEREOF, the parties, through their respective authorized representatives, have executed this Agreement as of the date first written above. (“CITY”) (“CONSULTANT”)

CITY OF MONTEBELLO HINDERLITER DE LLAMAS AND

ASSOCIATES (HDL COMPANIES
NC)
Raul Alvarez, City Manager Robert Gray, Chief Information Officer ATTEST:

Christopher Jimenez, City Clerk
APPROVED AS TO FORM:

Arnold M. Alvarez-Glasman, City Attorney
EXHIBITS:
• Exhibit A – Proposal Dated June 23, 2025

EXHIBIT “A”
Proposal Dated June 23, 2025

City of
Montebello, CA
June 23, 2025

SUBMITTED BY
HdL Companies
120 S. State College Blvd., Suite 200
Brea, CA 92821
hdlcompanies.com

CONTACT
George Bonnin
T: 714-879-5000
E: [email protected]

EXHIBIT A

Dear Alexis,
Thank you for the opportunity to present this proposal for the renewal of the HdL’s – Business License Administration and Transient Occupancy Tax Services.

Should you have any questions, please contact me at 714.879.5000 or by email at [email protected].

Prime – Business License Software
Recurring Costs
Item Price Comments
Business License Administration $18.60/Account + CPI
Revenue Discovery 35% Of recovered revenue
Collections 25% Of recovered revenue
Audits 35% Of recovered revenue
Transient Occupancy Tax Admin $867.81/prop/year

ITEM # 21

CITY OF MONTEBELLO

CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: Raul Alvarez, City Manager

BY: Michael Solorza, Director of Finance
SUBJECT: TREASURER'S REPORT FOR THE QUARTER ENDING JUNE 30, 2025 DATE: August 13, 2025
RECOMMENDATIONS:

It is recommended that the City Council:

1. Receive and file the Quarterly Treasurer’s Report for the quarter ending June 30, 2025 (Fourth Quarter of Fiscal Year 2024-25); and,

2. Take such additional, related action that may be desirable.

FISCAL IMPACT:

Attached is a cash report and portfolio summary as of June 30, 2025 (Attachments A and B). This report provides a snapshot at quarter end of the City’s cash position, detailing balances in various accounts and types of investments.

The table below summarizes available cash by major type of account, comparing ending balances for June 2021 through 2025. The “General” account combines Bank of Montreal (BMO), Local Agency Investment Fund (LAIF), and various Certificates of Deposit, and represents the most liquid and accessible source of cash for the City to pay ongoing expenses:

CITY COUNCIL AGENDA REPORT - MEETING OF AUGUST 13, 2025

As of June 30, 2025, total available cash was $91.228 million -- $14.684 million less than June 30, 2024. The City’s overall cash position has improved over the years and remains at elevated and healthy levels. For example, the June balance for the past ten years is shown below:

Comparing June ending balances from prior years, in 2016 overall cash was $48.156 million, versus $91.228 million as of June, 2025 – a $43.071 million improvement in the City’s available cash position (LAIF, BMO, etc.), or put another way a 189% increase over ten years.

The continuing strength of the City’s cash position is due to several reasons. A primary factor is proceeds from Measure H, the City’s ¾ cent transaction and use tax – which began flowing to the City in Fiscal Year 2020-21. Property tax receipts are also up, as overall assessed values in the City continue to grow and new developments like Metro Heights produce property tax revenue. The City also received new or one-time funding from the Federal government for Transit operations (Montebello Bus Lines) and has applied for and received new grants for various purposes over the last five years. In addition, the sale of the City’s water system (February, 2023) and a Transit property in Pico Rivera (February, 2023) added to the overall cash position during calendar year 2023 with one-time infusions of cash.

It should also be noted that monthly cash balances fluctuate, as monthly expenses vary considerably from month to month, especially when comparing prior years. The chart below shows fourth quarter 2024 vs. fourth quarter 2025 (April - June).

The City receives numerous grants from Federal, State and local governmental agencies,

CITY COUNCIL AGENDA REPORT - MEETING OF AUGUST 13, 2025

with expenses and concomitant revenue reimbursement varying depending on the grant award and the particular progress made in the project. In addition, the City’s various debt service payments typically hit the books in November/December and May/June, causing a draw on available cash greater than other “typical” months of the fiscal year. The completion of the golf course renovation and clubhouse construction projects in FY 2024- 25 required cash outlays to pay for construction related expenses – hence the draw on cash when comparing similar periods across the last two fiscal years.

Despite these natural fluctuations in cash flow – ongoing and regular such as debt service payments or one-time such as the golf course capital expenditures – one can see by the tables above that the City’s overall cash position has grown steadily over the past several years and remains at an elevated level that provides financial security. This improvement in cash flow ensures daily expenses are easily met, with no danger of having to postpone payments due to lack of liquidity. Sufficient liquidity is just one of many positive signs of the City’s progress towards financial stability and security.

The City receives income from the investment of idle cash. This revenue varies based on balances and current interest rate environments. The General Fund has averaged $164,200 in annual investment income between FY 2015-16 and FY 2023-24. Combined with the large increase in total available cash, the General Fund realized $700,800 in revenue from its investments in FY 2023-24, with projected revenue for FY 2024-25 at $500,000. (The lower projected amount is predicated on interest rates falling combined with a lower total cash balance versus prior fiscal years.) The effective rate of return on the City’s investment portfolio as of June 30, 2025, was

1.18%. It is useful to compare these rates of return to various U.S. Treasuries as a general benchmark. The chart below shows a comparison between Treasury yields based on length of the note, from August 2024, April 2025 and July 2025:

BACKGROUND/DISCUSSION:

State Government Code Section 53600 et al governs the investment of idle cash by local agencies. In addition, local agencies are required to have City Council approved investment policies which further dictate how funds are invested. Government Code Section 53646(b), as well as the City’s investment policy, provide for quarterly reporting

CITY COUNCIL AGENDA REPORT - MEETING OF AUGUST 13, 2025

of investment activity. The quarterly report, along with details found in Attachments A and B, are designed to provide additional information, comparing current year balances and performance to prior years, etc.

The City of Montebello holds idle cash in various depositories:
• Bank of Montreal (BMO) checking accounts (i.e., General used to pay bills, Payroll for bi-weekly payroll, etc.)
• Local Agency Investment Fund (LAIF) – State Treasurer investment pool The investment of idle cash is predicated on the principals of: liquidity, safety and yield, in that order. The City earns interest from the various deposits, hence the diversification of where cash is held. However, the first and foremost priority is having adequate liquidity to pay daily operating costs: payroll, invoices for goods and services, etc.

Cash flow varies throughout the fiscal year, based on timing of the receipt of revenue.

The receipt of property tax revenue in April and December causes the largest inflow in daily cash, followed by quarterly sales tax “true up” payments (i.e., March, June, etc.), receipt of Successor Agency revenue (Redevelopment Property Tax Trust Fund) in January and June, periodic reimbursement of grant expenses, etc.

Therefore, the City maintains a reasonable balance in its BMO checking account – the most liquid account utilized for daily expenses. The LAIF account with the State Treasurer provides additional liquidity. Depending on cash flow needs, withdrawals or deposits are made from/to the LAIF account into/out of the General checking account.

The table below provides an overview of the City’s major liquid cash accounts: BMO checking and the two separate LAIF accounts, from June 2020 through June 2025 (quarter ending values). The average quarterly balance for the City’s checking account since June 2020 is $10.455 million, more than sufficient to meet regular expenses.

CITY COUNCIL AGENDA REPORT - MEETING OF AUGUST 13, 2025

The City’s Investment Policy was most recently reviewed and approved by the City Council on June 25, 2025. Prior to that, the policy was reviewed, approved and updated on: June 12, 2024, June 14, 2023, June 8, 2022, June 23, 2021, October 28, 2020, and August 19, 2019. The Government Code requires an annual review and approval of the investment policy statement – even if no changes are made.

The 2019 approval was the first time the City’s investment policy was updated since 2011, with a previous update done in 2007. These infrequent reviews and updates were clearly in violation of Government Code. Moreover, Staff has endeavored to present a more thoroughly researched quarterly Treasurer’s report, with detailed background and explanations of the various investment accounts – a marked improvement over prior years' reports presented with no discussion or analysis.

In an effort to ensure the City complies with State law, the investment policy will continue to be presented annually along with budget adoption (June of each year). This process will ensure an annual review and update (as necessary) of the investment policy by the City Council, ensuring the City complies with State statutes.

The updated version of the City’s investment policy was submitted to the California Municipal Treasurers Association (CMTA) for consideration of their investment policy review and award program. The CMTA investment policy program utilizes public treasury officials to review public agency policies to ensure they comply with best practices and Government Code. For the first time in the City’s 100 plus year history, the City’s policy was submitted and passed the review with flying colors. Having passed this review process is one more indication of the progress made in achieving fiscal sustainability in Montebello, as its policies adhere to best practices.

CITY COUNCIL AGENDA REPORT - MEETING OF AUGUST 13, 2025

ENVIRONMENTAL:

N/A
ANALYSIS:

N/A
SUMMARY:

It is recommended that the City Council receive and file the Quarterly Treasurer’s Report for the quarter ending June 30, 2025.

ATTACHMENT(S)

1. ATTACHMENT A - CASH SUMMARY - JUNE 2025

2. ATTACHMENT B - Portfolio Summary June 2025

ATTACHMENT A

BANK OF THE WEST
Account Number Account Name 6/30/25
1 XXXX-XX770 Housing Successor Agency of the City of Montebello $1,150,992.27 2 XXXX-XX093 Successor Agency of the City of Montebello $2,106,642.00 3 XXXX-71041 City of Montebello $50,000.00
4 XXXX-00184 City of Montebello - FSA $21,216.49
5 XXXX-XX331 General $13,973,651.63
6 XXXX-XX287 Trust & Agency $6,063.99
7 XXXX-XX803 Police Retiree Health Account $774,488.96
8 XXXX-XX267 Payroll $0.00
9 XXXX-XX362 Fire Retiree Health Account $269,214.30
$18,352,269.64

STATE OF CALIFORNIA
Account Number Account Name 6/30/25
1 XX-XX-551 General $69,628,488.52
2 XX-XX-068 Successor Agency City of Mtb for Mtb RDA $3,233,243.84 $72,861,732.36

FIRST MERCANTILE TRUST
Account Number Account Name 6/30/25
XXX-XX-X746 CORPORATE ACCOUNT $12.98
XXX-XX-X999 TRUST ACCOUNT $13,551.48
$13,564.46
Total General Cash/Investments $83,652,140.15
Total SA Cash/Investments $5,339,885.84
Total HSA Cash/Investments $1,150,992.27
Total T&A Cash/Investments $1,070,983.74
Total Trustee Cash $13,564.46
Total Cash/Investments $91,227,566.46

CITY OF MONTEBELLO

MONTHLY CASH REPORT (ALL ACCOUNTS)
BALANCE AS OF JUNE 30, 2025

ITEM # 22

CITY OF MONTEBELLO

CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: Raul Alvarez, City Manager

BY: Michael Solorza, Director of Finance
SUBJECT: APPROVE RESOLUTION NO 25-61 APPROVING THE EXCHANGE OF “PROPOSITION A” LOCAL RETURN FUNDS WITH THE

MONTEBELLO BUS LINES (MBL)
DATE: August 13, 2025
RECOMMENDATIONS:

It is recommended that the City Council:

1. Adopt Resolution No. 25-61 Approving the Exchange of Los Angeles County Metropolitan Transit Authority (Metro) “Proposition A” Local Return Funds with the Montebello Bus Lines; and

2. Amend the Fiscal Year 2025-26 budget by increasing appropriations by $2,500,000 in Account Nos. 210-99-7000.15 (Proposition A, Transfer Out to Transit Fund) and 600-99-4999.76 (Transit, Transfer In from Proposition A); and $1,750,000 in Account Nos. 600-99-7000.10 (Transit, Transfer Out to General Fund) and 100-99-4999.15 (General Fund, Transfer In from Transit Fund); and

3. Take such additional, related action that may be desirable.

FISCAL IMPACT:

The City receives in excess of $1.5 million annually in Los Angeles County Metropolitan Transit Authority (Metro) Proposition A Local Return Funds (LRF). The Fiscal Year 2025- 26 adopted budget anticipates more than $1.6 million in Proposition A funds (Fund 210). The City also receives Proposition C, Measure M and Measure R Local Return Funds (LRF) from Metro.

The adopted Capital Improvement Program (CIP) budget for FY 2025-26 includes use of all LRF funding sources for various road improvement and maintenance projects. In addition to the “Public Works” Proposition A funds, the City’s Transit operation receives

CITY COUNCIL AGENDA REPORT - MEETING OF AUGUST 13, 2025

a separate allocation of Proposition A funds, $6.1 million in the current fiscal year.

Each LRF funding source has restrictions on its use, and Proposition A funds – the nonTransit portion – can be more difficult to spend because of the restrictions (more so than the other LRF revenues). Metro requires all sources of LRF revenue to be spent within three years of receipt. Local jurisdictions must not allow LRF revenue to “lapse,” otherwise they are required to remit the “lapsed” amounts back to Metro.

Metro does allow cities to exchange Proposition A funds, and Montebello has done so in the past with the cities of Pasadena and Commerce. Staff discussed with Montebello Bus Lines staff the possibility of doing an exchange, and given the likelihood of prior funds lapsing, it is recommended that an exchange occur. The benefit of this exchange is that these funds remain in the City, benefiting both the General Fund and Transit operations (Montebello Bus Lines).

The proposal is to exchange $2,500,000 in Montebello’s uncommitted Proposition A funds, and in exchange the Montebello Bus Lines will “pay” $1,750,000 for these funds.

This exchange rate of 70 cents of Montebello Bus Lines revenue for each dollar of Proposition A funds is consistent with the rate from prior exchanges.

The $1,750,000 will be recorded in the General Fund, increasing revenues for FY 2025- 26 and providing additional unrestricted revenue for essential services such as public safety, park maintenance, community services, road maintenance, etc. The exchange of Proposition A funds will not impact the FY 2025-26 CIP budget or any prior projects approved by Metro or the City Council.

This exchange requires amending the Fiscal Year 2025-26 budget by increasing appropriations by $2,500,000 in Account Nos. 210-99-7000.15 (Proposition A, Transfer Out to Transit Fund) and 600-99-4999.76 (Transit, Transfer In from Proposition A); and $1,750,000 in Account Nos. 600-99-7000.10 (Transit, Transfer Out to General Fund) and 100-99-4999.15 (General Fund, Transfer In from Transit Fund).

BACKGROUND/DISCUSSION:

The City annually receives non-Transit Proposition A funds from Metro and is projected to receive over $1.6 million in FY 2025-26. These funds are more restrictive than other LRF revenue, and the City has had difficulty in prior years avoiding the lapsing of these funds.

The City approached Montebello Bus Lines to exchange funds – similar to arrangements made previously with the Cities of Commerce and Pasadena. The exchange would prove beneficial to both parties: Montebello Bus Lines would receive $2,500,000 in Proposition A funds to be used for various transit-related purposes that would enhance ridership experience, while the General Fund would receive $1,750,000 in revenue and avoid a “lapsing” finding by Metro; and by extension avoid having to remit these funds back to Metro. The attached resolution (Attachment A) would approve this exchange, memorializing the exchange rate and amounts.

CITY COUNCIL AGENDA REPORT - MEETING OF AUGUST 13, 2025

ENVIRONMENTAL:

N/A
ANALYSIS:

N/A
SUMMARY:

That the City Council adopt Resolution No. 25-61 (Attachment A) approving the exchange of Proposition A funds with Montebello Bus Lines. This exchange requires amending the Fiscal Year 2025-26 budget by increasing appropriations by $2,500,000 in Account Nos. 210-99-7000.15 (Proposition A, Transfer Out to Transit Fund) and 600-99-4999.76 (Transit, Transfer In from Proposition A); and $1,750,000 in Account Nos. 600-99- 7000.10 (Transit, Transfer Out to General Fund) and 100-99-4999.15 (General Fund, Transfer In from Transit Fund).

ATTACHMENT(S)

1. Attachment A - Resolution 25-61

ATTACHMENT A
RESOLUTION NO. 25-61

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

MONTEBELLO, CALIFORNIA, APPROVING AN EXCHANGE OF

PROPOSITION A FUNDS WITH THE MONTEBELLO BUS LINES

RECITALS
WHEREAS, Proposition A ("Prop A") Funds in the County of Los Angeles are restricted for transit purposes only; and
WHEREAS, many local agencies have had difficulties expending allocated Prop A Funds due to said restricted purposes; and
WHEREAS, the Los Angeles Metropolitan Transportation Authority ("LACMTA") which administer such funds, has allowed local agencies that can expend the restricted Prop A Funds to exchange unrestricted revenues for the right to use another city's Prop A Funds for approved projects; and
WHEREAS, such exchanges usually involve an agreement by a local agency that can utilize the restricted Prop A Funds to pay the local agency that has available Prop A Funds a sum that is less than the amount of the Prop A Funds; and WHEREAS, the local agency that can utilize the restricted Prop A Funds is therefore able to obtain these funds at a discounted rate while the other local agency that cannot utilize its Prop A Funds is able to receive unrestricted funds that can be put to use for other purposes; and
WHEREAS, the City of Montebello has a need for additional funds for capital improvement and maintenance projects of the City's infrastructure that are not eligible Prop A expenditures; and
WHEREAS, the Montebello Bus Lines can utilize the funds to provide various transit related service that would enhance ridership and contribute funding to other transit projects that are eligible for Prop A Funds; and WHEREAS, the City of Montebello has uncommitted funding authority for Proposition A Local Return Funds that can be made available to the Montebello Bus Lines; and
WHEREAS, the City of Montebello is willing to assign Two Million Five Hundred Thousand Dollars ($2,500,000) of its uncommitted Proposition A Local Return Funds to the Montebello Bus Lines in exchange for the assignment by Montebello Bus Lines of One Million Seven Hundred and Fifty Thousand Dollars ($1,750,000) of its general funds to the City of Montebello; and
WHEREAS, the transaction set forth above is contingent upon approval by the LACMTA.

RESOLUTION NO. 25-61

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MONTEBELLO HEREBY RESOLVES, FINDS, AND DECLARES AS FOLLOWS:

SECTION 1. The Proposition A Fund Trade between the City of Montebello and the Montebello Bus Lines is hereby approved. The City Manager is authorized to execute the Agreement for and on behalf of the City of Montebello and take such other action(s) as necessary to carry out the purpose of this Resolution.

SECTION 2. The City Clerk shall certify to the adoption of this Resolution and it shall become effective immediately upon approval.

APPROVED AND ADOPTED THIS 13TH DAY OF AUGUST 2025.

_______________________________
Salvador Melendez, Mayor
ATTEST: APPROVED AS TO FORM:

________________________________ ________________________________ Christopher Jimenez, City Clerk Arnold M. Alvarez-Glasman, City Attorney

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:

CITY OF MONTEBELLO )
I, Christopher Jimenez, City Clerk of the City of Montebello, County of Los Angeles, State of California, hereby certify that the foregoing Resolution No. 25-61 was passed and adopted by the City Council of the City of Montebello, signed by the Mayor and attested by the City Clerk at a regular meeting of said Council held on the 13th day of August 2025 and that said Resolution was adopted by the following vote, to-wit:

AYES:

NOES:

ABSTAIN:

ABSENT:

RESOLUTION NO. 25-61

The undersigned, City Clerk of the City of Montebello, does hereby attest and certify that the foregoing Resolution is a true, full and correct copy of a resolution duly adopted at a meeting of said City which was duly convened and held on the date stated thereon, and that said document has not been amended, modified, repealed or rescinded since its date of adoption and is in full force and effect as of the date hereof.

DATE:

Christopher Jimenez, City Clerk

ITEM # 23

CITY OF MONTEBELLO

CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: Raul Alvarez, City Manager

BY: Cesar Roldan, Director of Public Works
SUBJECT: APPROVE GATEWAY COUNCIL OF GOVERNMENT FIBER OPTIC NETWORK BROADBAND RIGHT-OF-WAY AGREEMENT NO. 4363
DATE: August 13, 2025
RECOMMENDATIONS:

It is recommended that the City Council:

1. Approve the Right-of-Way Use Agreement with the Gateway Cities Council of Governments (GCCOG) for the installation, maintenance, and operation of the Gateway Cities Regional Fiber Optic Network within the City’s boundaries; and

2. Authorize the City Manager to execute the Agreement, including approving finalized plans and any other actions in connection with the Agreement; and

3. Take such additional, related action that may be desirable.

FISCAL IMPACT:

There is no fiscal impact associated with the approval and execution of this agreement.

BACKGROUND/DISCUSSION:

The Gateway Cities Council of Governments (GCCOG) pursued a $46.1 million grant from the California Public Utilities Commission (CPUC) and entered into a Joint Build Agreement with the California Department of Technology (CDT) to design and construct the Gateway Cities Regional Fiber Optic Network (Network) for a total of $103 million for the purpose of furthering digital equity and expanding connectivity, competition, affordability, and access in the Gateway region.

Private companies have traditionally been responsible for deploying the infrastructure required to provide Internet access to communities; however, they have not consistently

CITY COUNCIL AGENDA REPORT - MEETING OF AUGUST 13, 2025

invested in the infrastructure to deliver high-speed broadband via a fiber network. In an effort to satisfy this unserved need, local governments have actively analyzed the benefit of investing in fiber network infrastructures to facilitate broadband service.

One of the benefits of investing in a broadband infrastructure is closing the digital divide and enhancing economic development by supplying high-speed Internet access to residents and businesses. Additionally, businesses that require extensive bandwidth for conducting business are able to capitalize on the community’s infrastructure investment.

As a part of its membership in the GCCOG, the City has engaged in the development of the Network, which is being designed to deliver high-speed broadband to the city halls of participating cities and create an opportunity for greater broadband connectivity for residents and businesses in those cities.

The Network is being designed to establish 885,444 feet of new fiber optic backbone cable throughout the Gateway region and interconnect with sections of the Statewide Middle Mile Backbone Network (MMBN). Additionally, the Network is being designed to deliver quality scalable broadband to 4,254 unserved locations as determined by CPUC standards.

The current design includes 489,046 feet of underground fiber and 184,402 feet of aerial fiber, upsizing of existing fiber plant. It will also utilize existing partner fiber network. The underground routes for the fiber will be placed within existing rights-of-way while all aerial routes will be attached to pre-existing poles. The fiber routes will ensure redundancy and future capacity with the construction of new and existing conduits within previously disturbed rights-of-way with a 288 strand of fiber cable.

The attached Right-of-Way Use Agreement (Attachment A) between the City and the GCCOG will allow the City to utilize the Network by granting the GCCOG access to and encroachment of the City’s rights-of-way in perpetuity for the purpose of installing, operating, and maintaining the Network. Exhibit A to the Agreement shows the current network design within the boundary of the City, and Exhibit B shows the current entire Network design.

The Agreement will grant the City the right to use two (2) strands of dark fiber for municipal purposes (City Strands). The CGCOG will maintain the City Strands for the useful life of the asset. However, the City will be responsible for any required electronics, connections, improvements and equipment required to utilize the City Strands. The City will not have the right to transfer or assign the use of the City Strands.

The Network design as depicted in Exhibits A and B of the Agreement (Attachment A) may change due to factors unforeseen before and even during construction, which is common for a project of this magnitude. The GCCOG will work with City staff throughout the construction of the Network within the City’s boundaries and will provide the City with as-built maps within sixty (60) days of completion of construction and final inspections.

ENVIRONMENTAL:

The GCCOG as the lead agency for the project has determined that the project is

CITY COUNCIL AGENDA REPORT - MEETING OF AUGUST 13, 2025

categorically exempt from CEQA pursuant to Public Resources Code § 21080.51 and CEQA Guidelines Sections 15301, 15302, 15303, and 15304 because the project consists of linear broadband deployment in a right-of-way by a public entity and meets the requirements of subsection (a) of Public Resources Code § 20180.51. Construction of the project will occur within existing trenches and/or previously disturbed areas and require minor trenching and backfilling. Installation will take place within city rights-of-way which are currently occupied with existing utilities, including fiber network lines with no expected expansion of physical footprint. The Network consists of underground and aerial fiber infrastructure and any small structures will be buried underground. Any above-ground fibers will be placed on existing utility poles.

ANALYSIS:

N/A
SUMMARY:

Staff recommends the City Council approve the Right-of-Way Use Agreement (Attachment A) with the Gateway Cities Council of Governments (GCCOG) to support the installation and operation of a regional fiber optic broadband network. Funded in part by a $46.1 million CPUC grant, this $103 million project aims to improve digital equity, broadband access, and economic development across the Gateway region. The agreement grants GCCOG the right to install and maintain fiber infrastructure within Montebello's public rights-of-way. In return, the City will receive access to two strands of dark fiber for municipal use.

ATTACHMENT(S)

1. Attachment A - Right-of-Way Use Agreement No. 4363

Attachment A
RIGHT-OF-WAY USE AGREEMENT NO. 4363

BETWEEN THE CITY OF MONTEBELLO

AND THE GATEWAY CITIES COUNCIL OF GOVERNMENTS

FOR THE GATEWAY CITIES REGIONAL FIBER OPTIC NETWORK
This Right-of-Way Use Agreement (“Agreement”) is made by and between the City of Montebello (“City”) and the Gateway Cities Council of Governments (“GCCOG”). City and GCCOG are each a “Party” and collectively known as the “Parties.”

RECITALS
A. GCCOG has entered into a Joint Build Agreement with the California Department of Technology (“CDT”) and has been awarded a grant by the California Public Utilities Commission (“CPUC”) to design and construct the Gateway Cities Regional Fiber Optic Network (“GCRFON”), for the purpose of furthering digital equity and expanding connectivity, competition, affordability, and access for its participating member cities.

B. City desires to participate in the GCRFON project and grant GCCOG the right to use certain portions of its public rights-of-way (“ROW”) for the purpose of installing, maintaining, and operating the GCRFON, as more fully set forth herein.

C. The City Council determines that participating in the GCRFON project serves the public interest, is beneficial for the broadband connectivity of City facilities, and creates an opportunity for greater broadband connectivity for its residents and businesses.

NOW, THEREFORE, in consideration of the mutual promises and agreements hereinafter contained, the Parties agree as follows:

1. GCCOG AUTHORIZATION TO ENCROACH UPON CITY PUBLIC RIGHTS-OF-WAY A. Authorization. City hereby grants GCCOG a license to encroach under, on, and along its ROW for the purpose of the installation, maintenance, and operation of the GCRFON upon various portions of City ROW, as more specifically depicted in Exhibit A attached hereto and incorporated herein, as may be modified or changed in the final design. GCCOG shall not be required to pay any fees or to obtain any other license or permit from City for the purpose of installing, maintaining, and/or operating the GCRFON.

B. Term. This license is granted in perpetuity.

C. City’s Use of the GCRFON. City shall have the right to utilize two (2) strands of dark fiber, for non-commercial purposes, along the path preliminarily identified in Exhibit B attached hereto and incorporated herein, as may be modified or changed in the final design (“City Strands”). No rent or license fee shall be payable to GCCOG from City for City’s use of the City Strands. GCCOG, at no cost to City, shall maintain the City Strands for the useful life of the asset, and City shall provide at City’s cost, all electronics,

2 connections, and other improvements and equipment needed to utilize the City Strands.

City shall not have the right to transfer or assign the use of the City Strands.

2. GCCOG’S RESPONSIBILITIES
A. Construction. GCCOG shall communicate and coordinate with City staff regarding the design and construction of the GCRFON. GCCOG shall provide to City staff completed engineering plans, traffic control plans, dates and schedules for construction activities, and other construction details as may arise. GCCOG shall provide City with asbuilt maps within sixty (60) days of completion of construction and final inspections.

B. Damage to Property. GCCOG shall assume all responsibility for all damage to property (including the GCRFON) that may arise from or be caused by GCCOG’s performance under this Agreement or by the performance of any other party which GCCOG directly or indirectly employs to perform under this Agreement. Any damage to any property or public right-of-way resulting from the installation, maintenance, and operation of the GCRFON by GCCOG shall be caused to be repaired by GCCOG at no expense to City and to the reasonable satisfaction of City.

C. Relocation. GCCOG shall remove or relocate, at City’s cost and/or expense, the GCRFON, or any part of it, if and when made necessary by either the installation, abandonment, change of grade, alignment or width of any street, sidewalk or other public facility or the construction, maintenance or operation of any City or other public agency underground or aboveground facilities (including, by way of example and not limitation, any sewer, storm drain, conduits, gas, water, electric or other utility systems or pipes), provided that City or other public agency is acting in its governmental capacity.

In the event all or any portion of any ROW occupied by GCRFON is needed by City or other public agency for a governmental purpose or in the event the existence of GCRFON or any part of it shall be considered detrimental to the public health, safety, welfare, or convenience or to governmental activities including, but not limited to, interference with City or other public agency construction projects, or is in conflict vertically and/or horizontally with any proposed City or other public agency installation, GCCOG shall remove and relocate GCCOG Fiber Network or the involved part of it, at City’s or other public agency’s cost and/or expense, to such other location or locations in the public rights-of-way as may be designated by City or other public agency. City or other public agency must provide written notice to GCCOG at least one hundred eighty (180) days in advance of the need for such removal or relocation.

D. Dig Alerts. GCCOG shall become a member of the Underground Service Alert of Southern California (“DigAlert”) and agrees to maintain and keep current its membership in DigAlert throughout the term of this Agreement, and to comply with applicable noticing and other requirements.

3. CITY RESPONSIBILITIES
To facilitate GCCOG’s buildout of the GCRFON with minimal disruption to the general

3 public, City agrees, to the best of its ability during the construction period, to cooperate with GCCOG to coordinate the design and construction of the GCRFON, including, but not limited to, traffic management and notices to residents and businesses. City shall designate a point-of-contact for communications with GCCOG for GCRFON-related activities. The City Manager or designee shall have the authority to issue any needed approvals on behalf of City regarding the GCRFON.

4. OTHER TERMS
A. Responsibility for Costs. Except as specified otherwise herein, each Party will be responsible for and bear its own costs and expenses incurred at any time in connection with the performance of its responsibilities under this Agreement.

B. Dispute Resolution.
i. If a dispute arises between the parties relating to this Agreement, the Parties agree to use the following procedure prior to resorting to judicial relief by a court of competent jurisdiction: A meeting shall be held promptly between the Parties, attended by individuals with decision-making authority regarding the dispute, to attempt in good faith to negotiate a resolution of the dispute. If, within thirty (30) days after such meeting, the Parties have not succeeded in negotiating a resolution of the dispute, they agree to submit the dispute to mediation in accordance with and pursuant to the rules of Judicial Arbitration and Mediation Services (“JAMS”), as amended or as augmented in this Agreement. Each Party shall pay their own costs of mediation. The Parties shall jointly appoint a mutually acceptable mediator, seeking assistance in such regard from the JAMS if they have been unable to agree upon such appointment within twenty (20) days from the conclusion of the negotiation period. The Parties agree to participate in good faith in the mediation and negotiations related thereto for a period of thirty (30) days. ii. If the Parties are not successful in resolving the dispute through mediation as described above, the Parties may pursue any remedy at law or in equity by a court of competent jurisdiction.
iii. Notwithstanding the provisions of this subsection, either Party shall be entitled to seek declaratory and injunctive relief in any court of competent jurisdiction to enforce the terms of this Agreement or to enjoin the other Party from an asserted breach thereof on a showing that the moving Party would otherwise suffer irreparable harm.

C. Indemnity and Defense.
i. GCCOG shall defend, indemnify, and hold City, its elected officials, officers, agents, employees, and volunteers, harmless from and against any and all liability, loss, expense, including reasonable attorneys’ fees, or claims for injury or damages arising out of the performance of this Agreement, but only in proportion to and to the extent such liability, loss, expense, attorneys’ fees, or claims for injury or damages are caused by or result from the negligent or intentional acts or omissions of GCCOG, its

4 officers, agents, or employees.
ii. City shall defend, indemnify and hold GCCOG, its officers, employees, and agents harmless from and against any and all liability, loss, expense, including reasonable attorneys’ fees, or claims for injury or damages arising out of the performance of this Agreement, but only in proportion to and to the extent such liability, loss, expense, attorneys’ fees, or claims for injury or damages are caused by or result from the negligent or intentional acts or omissions of City, its officers, agents, employees.

D. Notices. All notices required or provided for under this Agreement shall be in writing, delivered in person or by certified mail, return receipt requested, addressed to the parties as indicated, below. Any notice so delivered shall be effective on the date of its delivery. Any party may change its address for notice by giving ten (10) days’ notice of such change in the manner provided for in this paragraph. Notices may be served as follows:

To City: City of Montebello
1600 W. Beverly Blvd
Montebello, CA 90640
Attention: City Manager
To GCCOG: Gateway Cities Council of Governments
16401 Paramount Blvd
Paramount, CA 90723
Attention: Executive Director
E. Applicable Law and Venue. This Agreement shall be governed by the laws of the State of California. Any dispute or controversy arising under or related in any way to this Agreement shall be adjudicated by a state court of competent jurisdiction located in Los Angeles County, California.

F. Prevailing Party. If any legal action is necessary to enforce any provision hereof or for damages by reason of an alleged breach of any provisions of this Agreement, the prevailing Party shall be entitled to receive from the losing party reasonable costs and expenses in such amount as the court or arbitrator may adjudge to be reasonable attorney's fees and costs incurred by the prevailing Party in such action or proceeding.

G. Assignment. GCCOG may sell, assign, transfer or lease any interest in those portions of the GCCOG Fiber Network within the City or assign or transfer any of its rights or obligations in this Agreement with prior written notice to City.

H. No Waiver. A waiver by either Party of any breach of any term, covenant or condition contained in this Agreement shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained in this agreement, whether of the same or different character.

5 I. Severability. If any part of this Agreement is held invalid, the remaining terms and conditions shall not be affected unless their enforcement under the circumstances would be unreasonable, inequitable, or otherwise frustrate the purposes of this Agreement.

J. Independent Contractor. The Parties are independent entities and are not to be, and shall not be, construed as joint venturers, partners, employer/employee, or agents one of the other, and neither shall have the power to bind or obligate the other except as set forth in this Agreement.

K. Construction. The Parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the Parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any Party by virtue of the authorship of any of the provisions of this Agreement.

L. Captions. The captions herein are for convenience and references only and are not a part of this Agreement and do not in any way limit, define or amplify the terms and provisions hereof.

M. Entire Agreement. This Agreement, including Exhibits A and B attached hereto, constitutes the entire agreement between the Parties and supersedes any previous oral or written agreements with respect to the subject of this Agreement. No amendment or modification to the Agreement shall be valid and binding unless in writing and signed by authorized representatives of the Parties.

N. Authority to Execute this Agreement. Each person executing this Agreement on behalf of a Party warrants and represents that they have the authority to execute this Agreement on behalf of that Party and the authority to bind that Party to the provisions of this Agreement.

O. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, and all of such counterparts together shall constitute one and the same instrument.

IN WITNESS WHEREOF, the authorized representatives of the Parties have caused this Agreement to be executed as of the date of the last signature below. [SIGNATURE PAGE FOLLOWS]

6 CITY OF MONTEBELLO
By: ___________________________
Salvador Melendez, Mayor
Date: ___________________________

GATEWAY CITIES COUNCIL OF GOVERNMENTS
By: ___________________________
Hector De La Torre,
Executive Director
Date: ___________________________

EXHIBIT A
City Route Design
Route Description Based on Current Design
Underground begins near S Bluff Road and runs Northwest for 1 mile, along Telegraph Road.

Near the Rio Hondo Bike Path, underground runs West 1.07 miles along W Beverly Boulevard until reaching Howard Avenue. It then runs North along Howard Avenue for .12 miles before stopping. Four about 2 miles, underground continues West, following W Beverley Boulevard until reaching city limits.

EXHIBIT B
Gateway Cities Regional Fiber Optic Network Design

ITEM # 24

CITY OF MONTEBELLO

CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: Raul Alvarez, City Manager

BY: Cesar Roldan, Director of Public Works
SUBJECT: ADOPT RESOLUTION NO. 25-60 APPROVING THE CITY OF

MONTEBELLO'S TITLE VI IMPLEMENTATION PLAN
DATE: August 13, 2025
RECOMMENDATIONS:

It is recommended that the City Council:

1. Adopt Resolution No. 25-60 adopting the City of Montebello’s Title VI Implementation Plan; and

2. Take such additional, related action that may be desirable.

FISCAL IMPACT:

There is no fiscal impact associated with the adoption of this resolution. The California Department of Transportation (Caltrans) requires the City to comply with Federal Highway Administration (FHWA) Title VI of the Civil Rights Act in order to be eligible for future federal and state funding opportunities. This is accomplished through the adoption of the Title VI Implementation Plan.

BACKGROUND/DISCUSSION:

In 1964, Title VI of the Civil Rights Act was created, which prohibits discrimination based on race, color, or national origin. Similar statutes were later created that extend discrimination protections for sex, age, disability, religion, sexual orientation, gender identity, or any other category protected by State or Federal law. Caltrans is tasked with ensuring that the City complies with FHWA regulations in order to receive federal dollars.

To ensure compliance, Caltrans and the FHWA require the adoption of the Title VI Implementation Plan (Attachment B).

CITY COUNCIL AGENDA REPORT - MEETING OF AUGUST 13, 2025

The FHWA has developed the following Title VI requirements:

1. Title VI Coordinator. The local agency shall designate a Title VI Coordinator who has a responsible position in the organization and easy access to the head of the agency.

2. Title VI Nondiscrimination Statement. The local public agency must develop a Title VI policy statement for signature by the head of the agency.

3. Dissemination of Title VI Information. The local agency shall develop Title VI information for dissemination to the public and, where appropriate, in languages other than English.

4. Title VI Assurances in Contract Documents and Agreements. The local agency federal-aid contract documents and agreements shall incorporate Title VI assurances.

5. Title VI Training for Local Agency Staff. The local agency shall provide Title VI training for its managers, supervisors, and staff with frequent public contact every two years.

6. Data Collection. The local agency shall develop procedures for the collection of statistical data of participants in, and beneficiaries of, federally funded roadway projects.

7. Title VI Implementation Program Plan. The local agency subject to Title VI shall develop a written plan for enforcement which sets out its priorities and procedures.

8. Title VI Accomplishments and Goals Report. Develop a Title VI Annual Accomplishment and Goals Report for the past year and goals for the next year.

9. Title VI Complaint Procedures. A local agency that receives federal financial assistance is required to adopt procedures that incorporate appropriate due process standards and provide for the prompt and equitable resolution of complaints alleging discrimination on the basis of race, color, or national origin.

Staff completed the above-mentioned items to achieve compliance with FHWA’s requirements. The proposed Title VI Implementation Plan provides information as to how the City will meet or exceed the FHWA Title VI requirements. City Council’s adoption of the Title VI Implementation Plan is the final step in allowing the City to achieve compliance with Caltrans and FHWA’s Title VI requirements.

Caltrans requires a City Council adopted resolution (Attachment A) to receive Federal and/or State funding. The resolution delegates authority to the City Manager and/or the Director of Public Works to execute any and all Master Agreements, Program Supplemental Agreements, Fund Exchange Agreements, and Fund Transfer Agreements and/or any amendments.

ENVIRONMENTAL:

N/A

CITY COUNCIL AGENDA REPORT - MEETING OF AUGUST 13, 2025

ANALYSIS:

N/A
SUMMARY:

Staff recommends that the City Council approve Resolution No. 25-60 (Attachment A), adopting the City of Montebello’s Title VI Implementation Plan. This adoption will ensure that the City is in compliance with Caltrans and the Federal Highway Administration (FHWA), and will be eligible for future federal and state funding opportunities.

ATTACHMENT(S)

1. Attachment A - Resolution No. 25-60

2. Attachment B - Title-VI-Implementation Plan

3. Attachment C - APPENDIX A US DOT 1050.2A Montebello

4. Attachment D - APPENDIX B TITLE VI NOTICE TO THE PUBLIC

5. Attachment E - APPENDIX C TITLE VI COMPLAINT FORM

6. Attachment F - Title VI Non-Discrimination Policy Montebello

7. Attachment G - WEBSITE Title VI Program

8. Attachment H - Organizational Chart

9. Attachment I - MASTER AGREEMENT - ADMINISTERING AGENCY-STATE

AGREEMENT FOR FEDERAL-AID PROJECTS

Attachment A
RESOLUTION NO. 25-60

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MONTEBELLO

APPROVING AND AUTHORIZING THE ADOPTION OF THE TITLE VI

IMPLEMENTATION PLAN

RECITALS
WHEREAS, Title VI of the Civil Rights Act was created in 1964, prohibiting discrimination based on race, color, or national origin; and; and WHEREAS, similar statutes were later created that extend discrimination protections for sex, age, disability, religion, sexual orientation, gender identity, or any other category protected by State or Federal law; and
WHEREAS, the City is required to comply with Title VI of the Civil Rights Act as a condition of receiving federal funds from the Federal Highway Administration (FHWA); and
WHEREAS, the State Department of Transportation (Caltrans) and the FHWA require that the City adopt a Title VI Implementation Plan that provides guidance for compliance with Title VI.

NOW THEREFORE BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF MONTEBELLO AS FOLLOWS:

SECTION 1. The City Council hereby authorizes the City Manager and/or the Director of Public Works to execute all necessary Title VI documents.

SECTION 2. The City Council adopts the Title VI Implementation Plan.

SECTION 3. This Resolution shall take effect immediately upon adoption by the City Council. The City Clerk shall certify to the adoption of this Resolution.

APPROVED AND ADOPTED THIS 13TH DAY OF AUGUST 2025.

Salvador Melendez, Mayor

ATTEST: APPROVED AS TO FORM:

Christopher Jimenez, City Clerk Arnold M. Alvarez-Glasman, City Attorney

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:

CITY OF MONTEBELLO )
I, Christopher Jimenez, City Clerk of the City of Montebello, County of Los Angeles, State of California, hereby certify that the foregoing Resolution No. 25-60 was passed and adopted by the City Council of the City of Montebello, signed by the Mayor and attested by the City Clerk at a regular meeting of said Council held on the 13th day of August 2025 and that said Resolution was adopted by the following vote, to-wit:

AYES:

NOES:

ABSTAIN:

ABSENT:

The undersigned, City Clerk of the City of Montebello, does hereby attest and certify that the foregoing Resolution is a true, full and correct copy of a resolution duly adopted at a meeting of said City which was duly convened and held on the date stated thereon, and that said document has not been amended, modified, repealed or rescinded since its date of adoption and is in full force and effect as of the date hereof.

DATE:

Christopher Jimenez, City Clerk

Local Agency Federal
Highway Administration
(FHWA) Title VI
Implementation Plan
[Name of Agency and Department]
[Date]
Prepared by: [Name and Job Title]
Local Agency Federal Highway
Administration (FHWA)
Title VI Implementation Plan
City of Montebello, Public Works Department
June 2025
Attachment B

City of Montebello Local Agency Federal Highway Administration (FHWA) Title VI Implementation Plan
2 TABLE OF CONTENTS
I. Title VI/Non-Discrimination Policy Statement ........................................................................3 II. Title VI Assurances....................................................................................................................4 III. Organization, Staffing, and Structure...................................................................................5 Organizational Chart ..........................................................................................................6 IV. Title VI Notice to the Public...................................................................................................6 VI. Title VI Training ........................................................................................................................7 V. Title VI Complaint Procedures...............................................................................................7 VI. Title VI Complaint Log............................................................................................................9 VII. Public Participation Plan ......................................................................................................9 Strategies of Community Engagement ......................................................................10 LEP Outreach .................................................................................................................11 Inclusion Measures.........................................................................................................12 VIII. Limited English Proficiency (LEP) Assessment / Language Assess Plan (LAP) .............13 Limited English Proficiency............................................................................................13 Lap Addressing ..............................................................................................................15 Language Access Services ..........................................................................................16 VIIII. Title VI Data Collection .....................................................................................................17 X. Primary Program Area Descriptions & Internal Title VI Review Procedures ....................18 XI. External Title VI Reviews / Subrecipient Monitoring..........................................................19 XII. Title VI Annual Work Plan Title VI Accomplishments and Goals Report ........................20 Appendix
Appendix A DOT 1050.2A Title VI Assurance..........................................................................21 Appendix B Title VI Notice of Rights to the Public..................................................................22 Appendix C Title VI complaint Form .......................................................................................23

City of Montebello Local Agency Federal Highway Administration (FHWA) Title VI Implementation Plan
3 I. TITLE VI/NON-DISCRIMINATION POLICY STATEMENT
It is the policy of City of Montebello that no person shall on the grounds of race, color, national origin, sex, disability, or age, be excluded from participation in, be denied the benefits of, or be subjected to discrimination in any operation of City of Montebello Department of Public Works as provided by Title VI of the Civil Rights Act of 1964 and related statutes.

This policy applies to all operations of the City of Montebello, including its contractors and anyone who acts on behalf of City of Montebello Department of Public Works. This policy also applies to the operations of any department or agency to which the City of Montebello extends federal financial assistance. Federal financial assistance includes grants, training, use of equipment, donations of surplus property, and other assistance.

Prohibited discrimination may be intentional or unintentional. Seemingly neutral acts that have disparate impacts on individuals of a protected group and lack a substantial legitimate justification are a form of prohibited discrimination. Harassment and retaliation are also prohibited forms of discrimination.

Examples of prohibited types of discrimination based on race, color, national origin, sex, disability, or age include: Denial to an individual any service, financial aid, or other benefit; Distinctions in the quality, quantity, or manner in which a benefit is provided; Segregation or separate treatment; Restriction in the enjoyment of any advantages, privileges, or other benefits provided; Discrimination in any activities related to highway and infrastructure or facility built or repaired; and Discrimination in employment.

Title VI compliance is a condition of receipt of federal funds. The Title VI Coordinator is authorized to ensure compliance with this policy, Title VI of the Civil Rights Act of 1964, 42 U.S.C § 2000d and related statutes, and the requirements of 23 Code of Federal Regulation (CFR) pt. 200 and 49 CFR pt. 21.

The City of Montebello affirms the recipient's commitment to non-discrimination and assures that every effort will be made to ensure non-discrimination in all of its programs, activities, and services, whether those programs, activities, and services are federally funded or not.
(Top Agency or Department Official) Date

City of Montebello Local Agency Federal Highway Administration (FHWA) Title VI Implementation Plan
4 II. TITLE VI ASSURANCES
DOT 1050.2A Title VI Assurance form: Signed Form in APPENDIX A Non-Discriminatory Legislation:

Title VI of the Civil Rights Act of 1964 – Provides that no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination, under any program or activity receiving Federal financial assistance (as implemented through 23 CFR 200.9 and 49 CFR 21).

Section 162(a) of the Federal-Aid Highway Act of 1973 (Section 324, Title 23 U.S.C.) – Prohibits discrimination on the basis of sex by recipients and sub-recipients of Federal financial assistance.

Section 504 of the Rehabilitation Act of 1973 – Prohibits discrimination on the basis of disability by recipients and sub-recipients of Federal financial assistance.

The Age Discrimination Act of 1975 (Section 6101-6107, Title 42 U.S.C.) – Prohibits discrimination on the basis of age by recipients and sub-recipients or Federal financial assistance.

The Civil Rights Restoration Act of 1987 (Public Law 200-209) – Clarifies that the original intent of Congress in Title VI of the Civil Rights Act of 1964, Title IX of the Educational Amendments of 1972, the Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973 was to apply the non-discrimination statutes to all programs and activities of Federal-aid recipients, sub-recipients, contractors and vendors, whether all such programs are federally assisted or not.

Executive Order (EO) 13166, “Improving Access to Services for Persons with Limited English Proficiency,” was officially rescinded by President Trump with the issuance of EO 14224, which designates English as the official language, but does not eliminate Title VI protections. Even though EO 14224 rescinded EO 13166, Title VI of the Civil Rights Act of 1964 remains in full effect.

This means:
• Title VI prohibits language-based national origin discrimination. • LPAs must continue to provide meaningful access to programs, services, and activities for Limited English Proficiency (LEP) individuals. • US Department of Justice (DOJ) guidance and court interpretations reinforce this requirement.

The City will continue to ensure LEP is accessible under Title VI.

City of Montebello Local Agency Federal Highway Administration (FHWA) Title VI Implementation Plan
5 III. ORGANIZATION, STAFFING, AND STRUCTURE
City of Montebello is ultimately responsible for assuring full compliance with the provisions of Title VI of the Civil Rights Act of 1964 and related statutes and has directed that non-discrimination is required of all agency employees, contractors, and agents pursuant to 23 CFR Part 200 and 49 CFR Part 21.

The City of Montebello has created the positions of Title VI Coordinator and Assistant Title VI Coordinators to ensure implementation of the agency’s Title VI program. The position of Title VI Coordinator is located within the Public Works Department.

Title VI Coordinator:
• Name: Cesar Roldan
• Title: Director of Public Works
• Contact Information: [email protected]
The Title VI Coordinator is responsible for:
• Overseeing Title VI program implementation
• Submitting a Title VI plan and annual reports on the agency’s behalf • Developing procedures for the prompt processing and disposition of complaints • Processing complaints, compiling a complaint log, and reporting to Caltrans • Developing procedures for the collection and analysis of statistical data • Developing a program to conduct Title VI reviews of program areas • Conducting annual Title VI assessments of pertinent program areas • Developing Title VI information for dissemination
• Establishing procedures for resolving deficiency status and reducing to writing the remedial action agreed to be necessary
• Maintains open line of communication with City Manager, City Council, and other City leadership positions as necessary to facilitate the Title VI Program requirements in a timely manner.

Assistant Title VI Coordinator:
• Name: James Coiner
• Title: Deputy Director of Public Works
• Contact Information: [email protected]
The Assistant Title VI Coordinator is responsible for:
• Assumes role and duties of Title VI Coordinator when the Coordinator is unavailable.
• Works directly with Title VI Coordinator to ensure program compliance is met. • Ensures that all applicable staff are present for Title VI training, and are following Title VI procedures through work with the public, contractors, and consultants.

City of Montebello Local Agency Federal Highway Administration (FHWA) Title VI Implementation Plan
6 Organizational Chart
IV. TITLE VI NOTICE TO THE PUBLIC
As a recipient of federal funding, the City of Montebello is committed to ensuring compliance with Title VI of the Civil Rights Act of 1964, which prohibits discrimination based on race, color, or national origin in all federally funded programs and activities.

In accordance with federal requirements, this Title VI Notice to the Public informs individuals of their rights and provides information on how to file a complaint if they believe they have been subjected to discrimination. Montebello strives to promote equitable access to transportation programs, services, and decision-making processes for all community members. The city has included the Title VI Notice of Rights to the Public, found in APPENDIX B of this document.

The notice will be disseminated to the public through the City departments, translated into Spanish, and posted on the City website.

City of Montebello Local Agency Federal Highway Administration (FHWA) Title VI Implementation Plan
7 VI. TITLE VI TRAINING
The City of Montebello Public Works Department will provide Title VI and related statute training to all Public Works staff with frequent public contact in the administration of federal-aid programs. These trainings will occur at a minimum every two years, and within six months of hiring a new employee. The trainings will be conducted by the Title VI Coordinator, online through presentations, or through trainings hosted by Caltrans.

Additionally, links to Caltrans, FHWA, and other applicable agency resources for Title VI and related statutes will be posted on the City’s website at https://www.montebelloca.gov/departments/public_works.

In particular, the following items will be covered in trainings:
• Review of the City’s Title VI Implementation Plan and other relevant documents • Language assistance services
• How to handle potential complaints
• Where to seek assistance for Title VI questions and concerns V. TITLE VI COMPLAINT PROCEDURES
The City of Montebello Public Works Department is committed to ensuring compliance with Title VI of the Civil Rights Act of 1964 and other non-discriminatory authorities, such that no person shall be excluded from participation in or be denied the benefits of any program or activity conducted by the City of Montebello Public Works Department on the grounds of race, color, national origin, sex, age, disability, religion, sexual orientation, gender identity, or any other category protected by State or Federal law.

The City of Montebello will make every effort to ensure nondiscrimination in all of its services, programs, and activities, whether they are federally funded or not, and that services and benefits are fairly distributed to all people, regardless of race, color, or national origin (including LEP). The Title VI Coordinator will only process complaints that are complete. Outline of how Title VI complaints are handled:
1) How to File: Any person that believes they have been discriminated against on the grounds of race, color, national origin, sex, age, disability, religion, sexual orientation, gender identity, or any other category protected by State or Federal law by the City of Montebello Public Works Department, its contractors, consultants or any other party that acts on behalf of the Public Works Department may file a Title VI complaint by completing and submitting the City’s Title VI Complaint Form (Appendix C), which can be found displayed in the City Hall lobby, and online https://www.montebelloca.gov/departments/public_works.
2) Timeline: The City’s Title VI Coordinator will process complaints received and shall acknowledge receipt within 10 business days; resolution within 60 days. 3) Validation: The agency would validate the complaint and send to Caltrans for processing. Make sure there is a complaint log as well as a complaint form for the public to file Title VI complaints
4) Decision: Issue findings to the complainant and corrective actions if needed. 5) Appeal: Information on how to appeal decisions.

City of Montebello Local Agency Federal Highway Administration (FHWA) Title VI Implementation Plan
8 Once the Title VI complaint is received, the Title VI Coordinator will log the complaint and verify that for completeness and jurisdiction, then forward the complaint to Caltrans, to be submitted to the FHWA Division Office. The Title VI Coordinator will also begin processing the complaint by entering said complaint into the City’s Title VI Discrimination Complaint Log, and conducting an internal investigation. Once a finding has been determined/received, the City’s Title VI Coordinator will provide said finding to the complainant within ten business days via letter and/or email.

Complaints Processed Under the Federal Highway Administration • Title VI complaints filed with Caltrans in which Caltrans is named as the Respondent will be forwarded to the FHWA Division Office. The Complainant will receive an acknowledgement letter informing them that the complaint has been received and forwarded to the FHWA.
• Per the FHWA Guidance Memorandum, Processing of Title VI Complaints, dated June 13, 2018, all Title VI complaints received by a sub-recipient are to be forwarded to Caltrans to be submitted to FHWA Division Office. Complaints should be sent within one business day of receipt via email to [email protected].

A person may also file a complaint directly with the FHWA and/or Caltrans by the following contact information:

Federal Highway Administration
U.S. Department of Transportation Office of Civil Rights 1200 New Jersey Avenue, SE 8th Floor E81-105
Washington, DC 20590
California Department of Transportation (Caltrans)
Office of Civil Rights
Attention: Title VI Branch
P.O. Box 942874, MS 79
Sacramento, CA 94274
Should a complaint be filed with the City of Montebello Public Works and one with a federal or state agency simultaneously, the federal/state complaint will supersede the City’s complaint and the City’s complaint procedures will be suspended pending the federal/state agency’s findings.

City of Montebello Local Agency Federal Highway Administration (FHWA) Title VI Implementation Plan
9 VI. TITLE VI COMPLAINT LOG
The City will maintain a log of all formal complaints filed. The complaint log will include the following information: Maintain a log including:
• Complaint filing date.
• Complainant's demographics (if voluntarily provided). • Allegation summary.
• Investigation status and findings.
• Resolution or corrective action.

The complaint form used by the City can be found at the end of APPENDIX C.

VII. PUBLIC PARTICIPATION PLAN
Purpose
The City of Montebello’s Public Participation Plan (PPP) is organized to work in concert with the Title VI Plan and the Language Access Policy. The purpose of the PPP is to establish procedures that allow for, encourage, and monitor participation of all citizens living and working in the City. Special attention will be paid to soliciting input from lowincome and minority communities that are traditionally underrepresented. A survey tool will be used to seek feedback about the most effective channels of communication for the City to engage our communities.

Goals and Objectives
The City’s PPP has a single comprehensive goal: to allow the public opportunities throughout our many different planning processes to make their ideas and concerns known. To meet this goal, the City has established the following objectives:
1) Identify the most appropriate methods for reaching the public. 2) Determine what language and other cultural barriers exist to public participation within the City.
3) Hold meetings in locations that are accessible and reasonably welcoming to all Montebello residents.
4) Keep the public informed through effective channels of communication and allow input through additional channels.
5) Work to actively engage the public in programs, projects and policy-making. Give participants more ownership in the outcome of planning processes through collaborative events that engage in conversation and the exchange of ideas and information, leading to buy-in, a sense of ownership, and higher quality planning documents.
6) Ensure that the City’s public involvement plan is dynamic and responsive. The plan will ne inclusive of a range of perspectives, engaging citizens in unique ways to reach a broader audience and understand their goals, needs, and desires. 7) Use various illustrative visualization techniques to convey the information including but not limited to charts, graphs, photos, maps and the internet.

City of Montebello Local Agency Federal Highway Administration (FHWA) Title VI Implementation Plan
10 Identification of Stakeholders
Stakeholders are those who are either directly, or indirectly, affected by a plan, or the recommendations of that plan. Those who may be adversely affected, or who may be denied benefit of a plan’s recommendation(s), are of particular interest in the identification of specific stakeholders. Stakeholders are broken down into several groups: general citizens, minority and low-income persons, public agencies, and private organizations and businesses.
• General Citizens: The City of Montebello has a population of 62,640 based on 2020 Decennial Census (U.S Census Bureau). About 49,014 of the population is Hispanic, 13,346 White, 8,005 Asian, 1,400 Native Hawaiian/Other Pacific Islander, 614 Black or African American, 12,934 Two or More Races, and 26,259 Some other Race. • Low-income: Residents with income below the poverty level account for almost

12.8% of Montebello’s population and should be given every reasonable opportunity to provide input on various community plans and programs. • Public Agencies: Public agencies can provide valuable input to the planning process, in addition to assisting in gaining attention from traditionally underrepresented populations. • Private Organizations and Businesses: Private organizations and businesses offer a number of perspectives that are valuable to the planning process and their perspective will be welcomed in the planning process.

STRATEGIES OF COMMUNITY ENGAGEMENT
Public meetings, surveys, workshops, focus groups.

The resources listed here are the methods Montebello uses to engage and communicate with the individuals and stakeholders we serve.

The City of Montebello Website:
• The Montebello website updates continue to provide information about upcoming meetings and agendas, recent reports, maps, and information about Montebello policies. The site includes a “Contact Us” section with staff email accounts along with a comment email account to collect public input and feedback. The comment email is monitored by administrative staff. The website includes a translation tool for non-speaking English users. In addition, the website includes an Accessibility Menu for users with disabilities.

Social Media
• Facebook, Instagram and YouTube are used to announce meetings and events.

Posts provide the opportunity to share links to pertinent information and survey sites.

Social media platforms can also invite public comments and participation on the sites themselves.

City Newsletter
• The Montebello monthly City Newsletter highlights directly to the community's inbox.

The newsletter includes valuable information about the community, including festivals and holiday events, public announcements, and recreation programs.

City of Montebello Local Agency Federal Highway Administration (FHWA) Title VI Implementation Plan
11 Surveys
• Montebello uses printed and web-based applications to generate electronic surveys. Hyperlinks to the survey are then disseminated via email, social media, press releases, and the website. Hard copies are also produced and distributed at public meetings, community events, and the office. In addition, post card mailings are used to publicize surveys and comment periods and include QR codes for mobile devices.

Public Meetings/Community Events/Neighborhood Meetings
• Public meetings are generally open and informal, with project team members interacting with the public on a one-on-one basis. Brochures and fact sheets may be provided at these meetings. Montebello may coordinate with other local agencies to be on hand to supply information and support. Informational tables at community events where transportation issues are not the focus are ways to solicit comment from individuals who are not usually involved in the transportation planning process. All meetings are ADA-compliant.

Posters and Flyers
• Posters and flyers are used to announce meetings and events and are distributed to public places such as City Halls, libraries, community centers, City Utilities buses and City Utilities bus transfer stations for display. Posters and flyers can be used to reach a larger audience than other notification methods.

LEP OUTREACH
Translate vital materials and provide interpretation services.

LEP Outreach includes strategies that actively engage residents with limited English proficiency in public decision-making processes by providing translated materials, utilizing bilingual staff, holding meetings in multiple languages, and partnering with community organizations serving populations, with a focus on accessible communication channels like community radio and social media platforms in relevant languages.

Accessibility features:
• The Montebello website incorporates language access features on city websites, including translation tools and multilingual content.

Translation of Key documents:
• Montebello converts written information from English into another language, such as Spanish, to ensure important documents like forms, notices, and instructions are accessible to LEP individuals.

Interpretation services:
• Montebello provides real-time oral translation during conversations, allowing for direct communication between an LEP person and someone speaking English. oThe City offers bilingual pay to our employees who can serve as interpreters for City business. As of April 2025, 259 City employees have been tested and

City of Montebello Local Agency Federal Highway Administration (FHWA) Title VI Implementation Plan
12 are currently certified for bilingual pay. Additionally, if necessary, the City can use Alta Language Services for extra support.

Advance notice:
• Montebello provides sufficient notice to request interpretation services for meetings.

INCLUSION MEASURES
Target outreach to minority and low-income populations.

Inclusive outreach paves the way toward a mutual understanding between the government and the community. This understanding is reliant on the management of expectations, the development of trust, and the existence of transparency into the government process.

Community Meetings:
• Montebello schedules meetings at accessible locations and times, considering cultural factors like religious holidays.
• Montebello provides simultaneous translation or interpretation during meetings.

The City uses a service provider upon request, for special situations, or a staff person if they speak that language and is available, etc. • All meetings are ADA-compliant.

City Council Meetings:
• Public meetings held by the City Council will be noticed according to the standard procedures for those bodies, as well as on the City’s website. All outreach efforts and comments received will be documented by the City and available for public review upon request.

Public Hearing/Community Meeting Notice:
• Montebello publishes public hearing notices in multiple languages on the city website and in local ethnic newspapers, including details about translation and interpretation services available. The City uses a service provider upon request, for special situations, or a staff person if they speak that language and is available, etc.

Focus Groups and Surveys:
• Montebello designs surveys and focus group questions in multiple languages. • Montebello recruit bilingual facilitators to conduct sessions with LEP communities.

Direct Outreach:
• Montebello partners with community organizations to conduct door-to-door outreach and distribute information in relevant languages. • Montebello utilizes community leaders and trusted figures to disseminate information.

City of Montebello Local Agency Federal Highway Administration (FHWA) Title VI Implementation Plan
13 Community Forums:
• Montebello organizes community forums in different neighborhoods, providing bilingual moderators and translated materials.

Social Media Outreach:
• Montebello creates social media pages in relevant languages and engage with LEP communities through targeted posts and advertisements.

VIII. LIMITED ENGLISH PROFICIENCY (LEP) ASSESSMENT /

LANGUAGE ASSESS PLAN (LAP)

BACKGROUND
Although Executive Order 13166, “Improving Access to Services for Persons with Limited English Proficiency,” has been rescinded, the City will continue to ensure that Federallyfunded programs and activities normally provided in English are accessible to LEP Persons. Federal financial assistance provide meaningful access to their Limited English Proficiency (LEP) applicants and beneficiaries.

As such, local agencies are required to ensure that Federally-funded programs and activities normally provided in English are accessible to LEP Persons. Each local agency shall perform an annual assessment to determine if modifications are needed to their programs and activities to ensure meaningful access by LEP persons. The assessment which is referred to as a “Four-Factor” analysis is based on the following factors:

1. The number or proportion of LEP persons eligible to be served or likely to be encountered.

2. The frequency of LEP contacts.

3. The nature and importance of the programs, services, or activities provided by the City of Montebello.

4. The resources available for LEP persons

LIMITED ENGLISH PROFICIENCY
A Limited English Proficiency (LEP) person is a person that does not speak English as a primary language and has a limited ability to read, write, or comprehend English. Per Executive Order 13166, agencies which receive Federal funding must examine their Federally-funded services and develop and implement processes that will allow LEP persons to meaningfully access said services. Executive Order 13166 also requires that agencies receiving Federal funding must establish guidance for providing meaningful access to LEPs, prepare a plan to overcome language barriers in Federally-funded programs and activities, and ensure that stakeholders have adequate opportunity to provide input.

City of Montebello Local Agency Federal Highway Administration (FHWA) Title VI Implementation Plan
14 As shown in Table 1 below, 58.1% of residents in Montebello are considered LEP persons, with the majority of those LEP persons primarily speaking Spanish. The City used demographic data to identify the need for providing bilingual services in the following languages to provide access to the LEP community in compliance with Executive Order 13166.
• Spanish
• Russan
• Chinese
• Armenian
• Korean
• Sign Language
Source: US Census: 2023 American Community Survey 5-Year Estimates https://data.census.gov/vizwidget?g=160XX00US0648816&infoSection=Language+Spok en+at+Home

TITLE VI INFORMATION DISSEMINATION
In order to ensure that Title VI and related Civil Rights information is readily available to the public, the City will develop public notices consisting of posters, flyers, complaint forms and “I Speak” cards that are available in English and Spanish. The languages selected for the informational materials were based upon language data provided from the US Census; see Table 1 above. Said flyers and posters will be placed in the City Hall lobby, in a highly visible and accessible location. The public notices will also be available for viewing on https://www.montebelloca.gov/departments/public_works.

City of Montebello Local Agency Federal Highway Administration (FHWA) Title VI Implementation Plan
15 LAP ADDRESSING:

The first section in this document describes the purpose of the Limited English Proficiency Plan (LEP). The second section in this document provides the four-factor Limited English Proficiency (LEP) analysis as outlined in the Department of Transportation (DOT) used to identify LEP needs and assistance measures. The four-factor LEP analysis includes:

1. FOUR-FACTOR ANALYSIS: Assess LEP needs based on:
• Number/proportion of LEP persons served: As shown in Table 1 below, 58.1% of residents in Montebello are considered LEP persons, with the majority of those LEP persons primarily speaking Spanish.
• Frequency of contact: Montebello has a wide variety of people from various backgrounds who participate in our programs and services, representing diverse age groups, ethnicities, abilities, and languages spoken. While we do not collect average statistics across all City programs, we are prepared to serve people who speak multiple languages via a multi-pronged approach consisting of City staff, contracted interpreters and translated written materials. Public Works staff receives requests for translation through federally funded programs/projects, though the outreach components of said programs/projects do typically have multi-lingual resources. Further, if translation services are needed, staff will provide said translation promptly.
• Importance of the program/service: From observation provided by Public Works staff, translation services are requested for programs, services, or activities which are federally funded. As stated above, the front counter Staff with the City’s Finance Department are the ones who most frequently encounter LEP persons requesting and/or needing translation services. Though Public Works Staff has received very few requests for translation services on Federally-funded projects, programs and services, Staff is keenly aware that almost 58.1 percent of the City’s residents are LEPs and therefore it is highly likely that LEPs will be stakeholders in any of the said projects, programs and services. As such, when Staff has encountered the need for translation services, Staff has provided the services readily.

City of Montebello Local Agency Federal Highway Administration (FHWA) Title VI Implementation Plan
16 • Resources available: Outreach expenses as they relate to LEP populations are shared among several departments. Most of the City’s public counters have bilingual speakers and there is an internal bilingual staff directory available, as of April 2025, 259 city employees have been tested and are currently certified for bilingual pay. Additionally, if necessary, the City can use Alta Language Services for extra support.

Montebello recognizes that 58.1% of the City’s population is Hispanic or Latino and speaks a language other than English at home. The City offers a wide variety of customer service assistance through the various City Departments. The provision of resources, direct services, and programs through our public facilities, including but not limited to, our civic center, community centers, development (building permits, etc.) services, health department, libraries, senior centers, and youth programs, play a significant role in allowing access to social and recreational enrichment opportunities, which improve the quality of life.

LANGUAGE ACCESS SERVICES: Translation, interpretation, and staff training.

1. Interpretation Services: April 2025, 259 city employees have been tested and are currently certified for bilingual pay. Additionally, if necessary, the City can use Alta Language Services for extra support. During conversations, allowing for direct communication between an LEP person and someone speaking English. • Translation of Key Documents: Montebello converts written information from English into another language, such as Spanish to ensure important documents like forms, notices, and instructions are accessible to LEP individuals. • Training. Training for front-line staff members, who are often the first points of contact with LEP individuals is provided by City Personnel. Staff training includes:
o Identifying and tracking language preference information of LEP persons; o Delivering services effectively to LEP persons;
o Assuring staff sensitivity to the literacy level of LEP persons; o Describing LEP services offered to the public;
o Procuring interpreter services;
o Identifying and documenting the language needs of LEP persons; o Processing a Title VI/LEP complaint;
o Familiarity with Disability Awareness, Ethics, Civil Rights and Conflict Management issues.

2. Outreach Strategies: Targeted engagement for LEP communities. • Community Meetings: Montebello schedules meetings at accessible locations and times, considering cultural factors like religious holidays. Montebello holds separate sessions with LEP residents, if necessary, to facilitate open discussion.

Montebello provides simultaneous translation or interpretation during meetings. • City Council Meetings: Public meetings held by the City Council will be noticed according to the standard procedures for those bodies, as well as on the City’s website. All outreach efforts and comments received will be documented by the City and available for public review upon request.

City of Montebello Local Agency Federal Highway Administration (FHWA) Title VI Implementation Plan
17 • Public Hearing/Community Meeting Notice: Montebello publishes public hearing notices in multiple languages on the city website and in local ethnic newspapers, including details about translation and interpretation services available.
• Focus Groups and Surveys: Montebello designs surveys and focus group questions in multiple languages. Montebello recruits bilingual facilitators to conduct sessions with LEP communities.
• Direct Outreach: Montebello partners with community organizations to conduct door-to-door outreach and distribute information in relevant languages.

Montebello utilizes community leaders and trusted figures to disseminate information.
• Community Forums: Montebello organizes community forums in different neighborhoods, providing bilingual moderators and translated materials, with specific sessions focused on LEP residents' concerns.
• Social Media Outreach: Montebello creates social media pages in relevant languages and engages with LEP communities through targeted posts and advertisements.

VIIII. TITLE VI DATA COLLECTION
Demographic and related data collected and used by City staff comes from governmental sources responsible for collecting and vetting the information for consistency and accuracy. These sources include, but are not limited to, the U.S.

Bureau of Labor Statics, U.S. Census Bureau, U.S. Bureau of Economic Analysis, California Department of Finance, California Department of Labor, and the California Employment Development Department.

Additionally, staff may also collect project-specific demographic data utilizing data collection as appropriate through the public outreach process on Federally-funded projects. Such outreach that may give Staff the opportunity to collect demographic data may include door hangers, posters, emails, social media releases, press releases to local newspaper, public meetings, virtual meetings, and public comments through websites generated for projects.

City of Montebello Local Agency Federal Highway Administration (FHWA) Title VI Implementation Plan
18 X. PRIMARY PROGRAM AREA DESCRIPTIONS & INTERNAL TITLE VI

REVIEW PROCEDURES
The City Public Works Department engages in the following program areas and will implement the PPP and the LEP plan in the following Program Areas:

Program Area General Description
Title VI/NonDiscrimination
Concerns and
Responsibilities
Review
Procedure
for Ensuring
NonDiscriminati
on
Right of Way The phase of transportation
engineering and surveying which
involves the determination of
existing right of way lines and
property boundaries, the
preparation of maps and
descriptions for the appraisal,
acquisition, and disposal of real
property rights.

Yes Yes
Program Area Type of Data Collected & Process
for Collecting
Intended Outcome of Data
Analysis
Public Meeting
Participations
Collecting data on who attends
public hearings or meetings
related to a federally funded
project.

Limited English Proficiency
(LEP) Assessment /
Language Assess Plan (LAP)
Feedback
from
Stakeholders
Gathering qualitative data
through focus groups or interviews
with stakeholders, like caregivers in
a Title VI program, to understand
their experiences and needs.

Limited English Proficiency
(LEP) Assessment /
Language Assess Plan (LAP)
Disseminating
Title VI
Information:

Providing Title VI brochures,
information during preconstruction meetings, and
posting information on internal
websites to ensure awareness and
compliance.

Limited English Proficiency
(LEP) Assessment /
Language Assess Plan (LAP)

City of Montebello Local Agency Federal Highway Administration (FHWA) Title VI Implementation Plan
19 Planning The plans and specifications for the
works to be constructed including
such maps, profiles, plans sheets
and as-builts.

Yes Yes
Environmental The proactive and reactive
measures taken to minimize
negative impacts on the
surrounding environment and
maximize positive impacts.

Yes Yes
Construction The process of building and
developing infrastructure,
structures, and facilities.

Yes
Yes
XI. EXTERNAL TITLE VI REVIEWS / SUBRECIPIENT MONITORING The City of Montebello monitors subrecipients for Title VI compliance by implementing a structured oversight process that ensures federally funded programs and activities adhere to nondiscrimination requirements. The monitoring process generally includes the following key components:

1. Subrecipient Agreement and Title VI Assurances
• Require subrecipients to sign Title VI Assurances (DOT 1050.2A) as part of grant agreements.
• Include Title VI compliance obligations in all contracts, agreements, and Memoranda of Understanding (MOUs).
• Specify reporting and monitoring expectations in agreements.

2. Training and Technical Assistance
• Provide Title VI training to subrecipient staff on nondiscrimination requirements, complaint procedures, data collection, and reporting.
• Offer technical assistance to help subrecipients develop and implement their own Title VI Program.
• Ensure subrecipients understand requirements related to Limited English Proficiency (LEP) plans, public participation, and environmental justice.

3. Compliance Reviews and Monitoring
• Conduct periodic compliance reviews (e.g., annual or biennial audits) of subrecipients to assess adherence to Title VI requirements. • Review subrecipient policies, procedures, complaint records, and public outreach efforts.
• Require subrecipients to submit self-assessments or compliance checklists.

4. Complaint Handling and Investigations
• Ensure subrecipients establish and follow a Title VI complaint procedure.

City of Montebello Local Agency Federal Highway Administration (FHWA) Title VI Implementation Plan
20 • Require subrecipients to log and report complaints to the city, including how they are resolved.
• Investigate complaints if subrecipients fail to take corrective actions.

5. Data Collection and Reporting
• Require subrecipients to collect and analyze demographic data to evaluate program impacts on minority and low-income populations. • Ensure subrecipients document public outreach efforts, including engagement with underserved communities.
• Review subrecipient reports on language access services provided to LEP individuals.

6. Public Participation and LEP Compliance
• Ensure subrecipients provide meaningful public involvement opportunities for minority, low-income, and LEP populations.
• Verify that public notices, surveys, and key documents are available in relevant languages.
• Require subrecipients to maintain LEP plans that align with the city’s Title VI policies.

7. Corrective Actions and Enforcement
• If a subrecipient is found noncompliant, the city should issue a written notice detailing deficiencies and required corrective actions. • Provide technical assistance to help subrecipients achieve compliance. • If necessary, take enforcement actions, such as withholding funding, imposing conditions, or terminating contracts for persistent noncompliance.

8. Annual Reporting and Recordkeeping
• Require subrecipients to submit annual Title VI reports summarizing compliance efforts, training participation, complaints, and outreach activities. • Maintain detailed records of subrecipient agreements, training attendance, complaints, compliance reviews, and corrective actions.

XII. TITLE VI ANNUAL WORK PLAN (TITLE VI ACCOMPLISHMENTS

AND GOALS REPORT
The City of Montebello Public Works Department will annually establish and monitor program goals and accomplishments. The Title VI Specialist will ensure that employee training is conducted, language translation services continue to be available, public participation is optimal, and appropriate Title VI signage is posted. This also includes updating community statistics and corresponding with state and federal agencies as necessary.

City of Montebello Local Agency Federal Highway Administration (FHWA) Title VI Implementation Plan
21 APPENDIX A
DOT 1050.2A TITLE VI ASSURANCE

City of Montebello Local Agency Federal Highway Administration (FHWA) Title VI Implementation Plan
22 APPENDIX B

TITLE VI NOTICE OF RIGHTS TO THE PUBLIC

TITLE VI NOTICE TO THE PUBLIC

YOUR RIGHTS AGAINST DISCRIMINATION UNDER
TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 AND

RELATED NON-DISCRIMINATORY AUTHORITIES
Title VI of the Civil Rights Act of 1964 provides that no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.

The following additional authorities provide protection against discrimination on the basis of sex, age, disability, religion, sexual orientation, gender identity, or any other category protected by State or Federal law:
• Section 162(a) of the Federal-Aid Highway Act of 1973 (Section 324, Title 23 U.S.C.)
• Section 504 of the Rehabilitation Act of 1973
• The Age Discrimination Act of 1975 (Section 6101-6107, Title 42 U.S.C.) • The Civil Rights Restoration Act of 1987 (Public Law 200-209) Any person who believes that they have been discriminated against may file a written complaint with the City of Montebello Public Works Department, within 180 days of the alleged discrimination. Additional information and Title VI Complaint Forms can be obtained on the City of Montebello City’s website, at
https://www.montebelloca.gov/departments/public_works. Title VI Complaint Forms can also be obtained from the Public Works Department at City Hall.

To file a Title VI discrimination complaint, please use the following contact information:

Title VI Implementation Plan City of Montebello
Department of Public Works
1600 W Beverly Blvd.,
Montebello, CA 90640
[email protected]
323-887-1462

City of Montebello Local Agency Federal Highway Administration (FHWA) Title VI Implementation Plan
23 APPENDIX C

TITLE VI COMPLAINT FORM

TITLE VI COMPLAINT FORM
Title VI of the 1964 Civil Rights Act requires that “No person in the United States shall on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.” If you wish to submit a Title VI complaint to the City of Montebello Public Works Department, please complete the information below and submit this form to:

Department of Public Works
1600 W Beverly Blvd.

Montebello, CA 90640
323-887-1462
[email protected]
Title VI Implementation Plan
City of Montebello
Name:

Address:

City:

State:

Zip Code:

Cell/Home:

Name, title, and description of person(s) who allegedly discriminated against you:

Check the box(es) for the type(s) of discrimination that was experienced:

Race
Sex
Religion
Color
Age
Sexual Orientation
National Origin
Disability
Gender Identity
Other (Please Describe):

City of Montebello Local Agency Federal Highway Administration (FHWA) Title VI Implementation Plan
24 2) Date(s) that alleged event(s) took place:
3) Location(s) where the alleged event(s) took place:
4) Is the alleged discrimination still ongoing?:
5) In your own words, please describe the alleged discrimination, explain what happened, and who you believe is responsible:
6) Please list any person(s) we may contact for additional information to provide further information for your complaint:
7) Have you filed this complaint with any other federal agency, state agency, federal court, or state court? If yes, please check all that apply:

Federal Agency
State Agency
Federal Court
State Court
8) Please provide the name, phone number, and email of the contact persons at the agency/court where the complaint was filed, below:

Please sign and date this form on the lines provided below. If any additional space is needed to provide information about this complaint, please attach the additional information to this form.

Signature: ___________________________________ Date:

1 The United States Department of Transportation (USDOT) Standard Title VI/NonDiscrimination Assurances DOT Order No. 1050.2A
The City of Montebello (herein referred to as the "Recipient"), HEREBY AGREES THAT, as a condition to receiving any Federal financial assistance from the U.S. Department of Transportation (DOT), through Federal Highway Administration, is subject to and will comply with the following:

Statutory/Regulatory Authorities
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); • 49 C.F.R. Part 21 (entitled Non-discrimination In Federally-Assisted Programs Of The Department Of Transportation-Effectuation Of Title VI Of The Civil Rights Act Of 1964); • 28 C.F.R. section 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964);
The preceding statutory and regulatory cites hereinafter are referred to as the "Acts" and "Regulations," respectively.

General Assurances
In accordance with the Acts, the Regulations, and other pertinent directives, circulars, policy, memoranda, and/or guidance, the Recipient hereby gives assurance that it will promptly take any measures necessary to ensure that:
"No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity, "for which the Recipient receives Federal financial assistance from DOT, including the Federal Highway Administration.

The Civil Rights Restoration Act of 1987 clarified the original intent of Congress, with respect to Title VI and other Non-discrimination requirements (The Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973), by restoring the broad, institutional-wide scope and coverage of these non- discrimination statutes and requirements to include all programs and activities of the Recipient, so long as any portion of the program is Federally assisted.

Specific Assurances
More specifically, and without limiting the above general Assurance, the Recipient agrees with and gives the following Assurances with respect to its Federally assisted program:

1. The Recipient agrees that each "activity," "facility," or "program," as defined in §§

21.23(b) and 21.23(e) of 49 C.F.R. § 21 will be (with regard to an "activity") facilitated, or will be (with regard
Attachment C

2 to a "facility") operated, or will be (with regard to a "program") conducted in compliance with all requirements imposed by, or pursuant to the Acts and the Regulations.

2. The Recipient will insert the following notification in all solicitations for bids, Requests For Proposals for work, or material subject to the Acts and the Regulations made in connection with all Federal-Aid Highway Programs and, in adapted form, in all proposals for negotiated agreements regardless of funding source:
"The City of Montebello, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award."

3. The Recipient will insert the clauses of Appendix A and E of this Assurance in every contract or agreement subject to the Acts and the Regulations.

4. The Recipient will insert the clauses of Appendix B of this Assurance, as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a Recipient.

5. That where the Recipient receives Federal financial assistance to construct a facility, or part of a facility, the Assurance will extend to the entire facility and facilities operated in connection therewith.

6. That where the Recipient receives Federal financial assistance in the form, or for the acquisition of real property or an interest in real property, the Assurance will extend to rights to space on, over, or under such property.

7. That the Recipient will include the clauses set forth in Appendix C and Appendix D of this Assurance, as a covenant running with the land, in any future deeds, leases, licenses, permits, or similar instruments entered into by the Recipient with other parties:
a. for the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; and
b. for the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, project, or program.

8. That this Assurance obligates the Recipient for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of, personal property, or real property, or interest therein, or structures or improvements thereon, in which case the Assurance obligates the Recipient, or any transferee for the longer of the following periods: