Agenda — Covina City Council, July 19, 2022 (part 3 of 5)

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RESOLUTION CC 2022-72

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COVINA, CALIFORNIA, TO AMEND THE FISCAL YEAR 2022-2023

DEPARTMENT OF PUBLIC WORKS OPERATING BUDGET AND
REFLECT AN APPROPRIATION OF $90,712.10 FROM THE SANITARY

SEWER FUND BALANCE FOR THE PURCHASE OF WASTEWATER

RECORD KEEPING/ASSET INSPECTION SEWER MAINTENANCE

SOFTWARE AND EQUIPMENT
WHEREAS, the City of Covina is a municipal corporation duly organized and existing pursuant to the Constitution and laws of the State of California (“City”); and WHEREAS, the Fiscal Year 2023 Operating Budget was approved on May 17, 2022; and WHEREAS, the approved Operating Budget is in accordance with all applicable ordinances of the City and all applicable statutes of the State; and WHEREAS, the City of Covina wishes to appropriate funds from the Department of Public Works Sanitary Sewer Fund Balance for the purchase of wastewater record keeping/asset inspection sewer maintenance software and equipment.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COVINA, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. Amend the Fiscal Year 2022-2023 Department of Public Works Operating Budget to fund the purchase of wastewater record keeping/asset inspection sewer maintenance software and equipment.

SECTION 2. Appropriate $90,712.10 from the Department of Public Works Sanitary Sewer Fund Balance to the Department of Public Works Sanitary Sewer accounts below:

Account No. Account Description Amount ($) Increase/Decrease 6300-2700-51795 Sewer-Sewer AdminSoftware License Fees$34,440 Increase 6300-2700-55700 Sewer-Sewer AdminComputer Hardware &
Software
$56,272.10 Increase
SECTION 3. The City Clerk shall certify to the passage and adoption of this resolution and shall enter the same in the Book of Original Resolutions.

APPROVED and PASSED this 19th day of July, 2022.

City of Covina, California
BY:

PATRICIA CORTEZ, Mayor

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Resolution CC 2022-72 Page 2 of 2
ATTEST:
_______________________________________
FABIAN VELEZ, Deputy City Clerk

CERTIFICATION
I, Fabian Velez, Deputy City Clerk of the City of Covina, do hereby certify that Resolution CC 2022-72 was duly adopted by the City Council of the City of Covina at a regular meeting held on the 19th day of July, 2022, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Dated:
_______________________________________
FABIAN VELEZ, Deputy City Clerk

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June 28 , 2022
Quote#QUO6117
Markece Peco
City of Covina
Covina, CA
Office: 626-523-4350
[email protected]
RE: GraniteNet Software Quote
Markece Peco:

Thank you for the opportunity to quote the GraniteNet Asset Inspection and Decision Support software platform from CUES, the most trusted brand in North America for pipeline inspection technology.

For more than a decade, CUES has supplied the industry with the most innovative and extensible software platform available to help utilities and contractors alike achieve their regulatory and productivity goals. Our clients demand software that is able to be customized to meet their needs while supporting the process flows unique to their organization. GraniteNet offers unmatched flexibility to create many different types of inspections in addition to CCTV assessments such as cleaning inspections, smoke test inspections, GPS surveys, inclination surveys, hydrant inspections, light pole inspections etc. Additionally, this new software platform offers a very simple User Interface to allow people to quickly become proficient users, often in a matter of minutes.

For those organizations that desire more advanced capabilities such as GIS map (ESRI/Cartegraph) integration, CMMS integration (Cityworks, Maximo, Infor Hansen), User Management controls, enterprise database support (Oracle & SQL), a Web-based Portal, custom Scoring formulas, etc., the CUES GraniteNet software platform can meet the needs of the City of Covina now or in the future as the requirements evolve.

The following is a short description of each GraniteNet software package and the suggested optional modules to be included in the software package for the City of Covina.

Please feel free to contact me with any questions.
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GraniteNet Inspection Data Management Software License
Used primarily by engineers and supervisors, the Data Management License allows CCTV inspection records to be edited and changed upon subsequent review. This edition has the ability to generate reports, allow users to modify inspections and observations gathered in the field, synchronize inspections, capture images from playback, view mapped data, and import/export map data. It also allows for the adding of modules so that the license can be used without having to own an Inspection License.

GraniteNet Inspection Data Management Annual Support Plan The annual Support Plan provides the following technical support services to ensure continuous productivity and up time in the field:

Perpetual, free upgrades available online for download for the most current versions of your GraniteNet Software to match the latest Microsoft Windows version you may have as well as including the latest technical documentation
Professional telephone support Monday through Friday 8:00 AM to 5:00 PM ET Remote Online Technical Support**
Access to online support services including FAQ’s, the CUES knowledge base, User Forums and Video Tutorial
Online review sessions with support specialists at pre-scheduled, mutually convenient times to review the proper use of the software including advanced administration and best practices *Additional charges not covered by the Support Plan may apply such as hardware upgrades, data conversion services and re-implementation fees
**Certain elements of the support plan requires internet access GraniteNet Office Software License
Used primarily by engineers and supervisors, the Office Edition allows CCTV inspection records to be edited and changed upon subsequent review. This edition has the ability to generate reports, allow users to modify inspections and observations gathered in the field, synchronize inspections, capture images from playback, view mapped data, and import/export map data.

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GraniteNet Office Annual Support Plan
The annual Support Plan provides the following technical support services to ensure continuous productivity and up time in the field:

Perpetual, free upgrades available online for download for the most current versions of your GraniteNet Software to match the latest Microsoft Windows version you may have including the latest technical documentation
Professional telephone support Monday through Friday 8:00 AM to 5:00 PM ET Remote Online Technical Support**
Access to online support services including FAQ’s, the CUES knowledge base, User Forums and Video Tutorial
Online review sessions with support specialists at pre-scheduled, mutually convenient times to review the proper use of the software including advanced administration and best practices *Additional charges not covered by the Support Plan may apply such as hardware upgrades, data conversion services and re-implementation fees
**Certain elements of the support plan requires internet access GraniteNet WebOffice Server
The GraniteNet WebOffice (Viewer) solution is a browser-based, read only Web Application built for assessing infrastructure, videos and statuses about assets from virtually any portable device (iPad, Android, Chrome Book, Surface Pro, smart phone, etc.) with an internet connection. It streamlines operations by enabling real time, map-driven views into the condition of utility infrastructure as well as the status of tasks assigned to crews for greater efficiency and productivity. No software needs to be installed by end users.

Simply log in and view productivity dashboards, plan and assign tasks to crews, review inspections, run filtered reports, and generate PDF’s to share to others from virtually any internet-connected device.

GraniteNet WebOffice Server Annual Support Plan
The GraniteNet WebOffice Server Support Plan includes access to the following services:

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GraniteNet WebSync Server
The GraniteNet WebSync Server allows users to transfer inspection data, asset information, and media back and forth between the field and the GraniteNet office database via the internet. The WebSync Server also allows administrators to create user accounts for GraniteNet and define access permissions to specific features and functions of the WebSync Server.

Stop intrusion threats that can happen from connecting portable media devices to the network. WebSync is highly secure because it uses Web API’s that provide Secure Sockets Layers (SSL). Data exchange happens quickly so that QA/QC reviewers in the Office do not have to wait for inspections to physically return to the office. WebSync can be set to transmit inspection data automatically when inspections are completed.

GraniteNet WebSync Server Annual Support Plan
The GraniteNet WebSync Server Support Plan includes access to the following services:

Free ongoing software maintenance and enhancement Release Updates (available online for download including the latest technical documentation and the most current version of the Web Sync Server)
Telephone support Monday through Friday, 8:00 AM to 5:00 PM ET Email support via [email protected]
Remote Online Technical Support, Analysis, and Best-Practice Recommendations via scheduled / unscheduled web sessions
Access to online support materials / services
Web Inspect Server
The GraniteNet Web Inspect is a Web App that is run by a browser from virtually any connected device such as a mobile phone or tablet [iPhone, iPad/Android, Chrome Book, etc.]. Users first access the Web Inspection Portal as they would access any web page: they navigate to a special URL for the GraniteNet Inspection portal so that for example, a Cleaning and Jetting truck operator can look up his current location from a GIS map and initiate a “Cleaning & Jetting” inspection form in GraniteNet, straight from his/her connected device.

The GraniteNet Web Inspect can be used out-of-the-box for Manhole, MACP 1, Cleaning, and GPS collections.

Additional customized inspection tasks can also be supported as well. There is no required software to install on any user devices to allow them to use the Inspection Portal. Since the web application accesses a single centralized GraniteNet database, all traditional GraniteNet desktop products may continue to edit and update data in parallel - with all changes immediately being available to all web users too. Task/Inspection attributes and status information is updated in real time so a Supervisor in the office with access to a GraniteNet Desktop integrated map with dynamic layers can “see” a color coded map when crews have finished a task/inspection.

The Web Inspect App implements an ASP.NET instance hosted securely on your Organization’s network using an IIS server. The GraniteNet Web applications require discussion with your organization’s network, security and IT department to determine configuration compatibility.

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GraniteNet Web Inspect Server Annual Support Plan
The GraniteNet Web Inspection Server Support Plan includes access to the following services:

GraniteNet WebInspect Client Annual Subscription
The annual Support Plan provides the following technical support services to ensure continuous productivity and up time in the field:

Perpetual, free upgrades available online for download for the most current versions of your GraniteNet Software to match the latest Microsoft Windows version you may have including the latest technical documentation
Professional telephone support Monday through Friday 8:00 AM to 5:00 PM ET Remote Online Technical Support**
Access to online support services including FAQ’s, the CUES knowledge base, User Forums and Video Tutorial
Online review sessions with support specialists at pre-scheduled, mutually convenient times to review the proper use of the software including advanced administration and best practices *Additional charges not covered by the Support Plan may apply such as hardware upgrades, data conversion services and re-implementation fees
**Certain elements of the support plan requires internet access GraniteNet ESRI Interface Module
Developed by CUES as a registered business partner with ESRI, this optional module for GraniteNet allows users to be able to point and click on an asset from within the GraniteNet integrated map. After clicking on the asset, the asset and inspection panes are automatically populated with the asset’s attribute information.

The operator may initiate an inspection by simply selecting the asset on the map and right-clicking. The GraniteNet ESRI Interface also provides the ability to create a new asset in the field. The system is able to collect, store, display, manipulate and analyze data, and then link the information to the ESRI ArcGIS map file.

The software provides a chronological record of every inspection completed on the asset.

GraniteNet ESRI Import Module
This optional module for GraniteNet provides a bi-directional interface between ESRI ARCGIS 10.X and the GraniteNet software. This module enables GIS features to be imported directly into GraniteNet where they can be used to verify and validate the location of utility assets.

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GraniteNet ESRI Implementation
The implementation service of ESRI maps and map data within CCTV operations includes integration consultation, documentation, and training with the client’s office staff by a CUES software division implementation specialist in accordance with the unique business requirements of the organization. An ESRI Implementation service with GraniteNet is required for any organization that has not defined, or has changed, their GIS mapping profiles which allow for the seamless import and export of GIS data. CUES shall provide integration consultation, documentation, and training with the client’s office staff through a series of guided instruction sessions performed via a remote virtual meeting tool called Zoom. CUES will work with an appointed resource/project manager from the organization to define the goals and then collaboratively create the standard operating procedures desired by the organization. As a best practice, initiating the Implementation Service well in advance of receiving a vehicle/field equipment is critical to ensure a smooth deployment, often with basic field training, that leverages the integration. Before a CUES technical resource is assigned to the implementation project, a GraniteNet ESRI Pre-Implementation Checklist must be completed by the client and submitted to CUES. Once it is received by CUES and verified that all prerequisites are met to begin the work, the client’s Implementation Service request will be placed into a queue where CUES will assign the appropriate implementation specialist Project Manager based on the order in which the Checklist was received. Due to the fluctuating availability of resources needed by both parties to complete the implementation, the actual start date for the project may vary.

Generally, CUES is able to start implementations within a reasonable period of time from the date of receipt of a completed Pre-Implementation Checklist, but there can be high-demand periods of the year and no guarantee can be made as to the exact date for when the project will kick off. CUES, however, will provide visibility into estimated start dates and make every effort to quickly and efficiently initiate the implementation services as soon as possible.

GraniteNet Web Server Implementation
The GraniteNet Web Server Implementation Includes the following provided by a CUES Web Software Implementation Specialist:

Dedicated project management for installation and configuration of Web Server Remote web sessions to plan, execute, and test implementation of Web Server into GraniteNet Office Environment and GIS maps (if available)
Office training and access to follow-up sessions as needed

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GraniteNet PACP Module
A GraniteNet NASSCO 7.x certified module is available which follows the NASSCO PACP business rules and uses the PACP codes. The module also includes import and export functionality as defined by NASSCO to exchange PACP data. Entries in the GraniteNet NASSCO Standard must follow the guidelines established by NASSCO in relation to mandatory entry and format of values. The Mainline Inspection Module, included in the GraniteNet Premium Inspection Package, is required for use with the PACP Module.

Features:

All PACP defect codes
Code validation — required fields must have entries
Import any PACP (version 6 or 7) certified database
Export to PACP database standard (version 6 or 7) in which it was collected NASSCO’s ten (10) custom fields available
Evaluation reports including the PACP Grading
The latest NASSCO certification requirements can be found on the NASSCO web site, http://www.nassco.org/.

Pricing follows on next page.

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Part# GraniteNet Software & Services Price Qty. Subtotal Discount Actual New Asset(s) or Existing Asset(s) are shown in blue italic below for reference GN915 GraniteNet Inspection Data Management Software
License including:

Core Advanced, Core Basic, Core Advanced
Features, Core Basic Features, Main Inspection
Module, Video Indexing Module, Still Image
Capture Module, Data Transfer Module,
Management Console, CUES Standard Module
NEW
$8,500 1 $8,500 $8,500
GN593 GraniteNet Inspection Data Management Annual
Support Plan NEW
$1,800 1 $1,800 $1,800
GN904 GraniteNet Office Software License including:

Core Advanced, Core Advanced Features, Core
Basic Features, Main Inspection Module, Video
Indexing Module, Still Image Capture Module, Data
Transfer Module, Management Console, CUES
Standard Module

NEW, NEW
$1,250 2 $2,500 $2,500
GN538 GraniteNet Office Annual Support Plan

NEW, NEW
$350 2 $700 $700
GN613 GraniteNet WebOffice Server including:

User location module NEW
$8,995 1 $8,995 $8,995
GN567 GraniteNet WebOffice Server Annual Support Plan
NEW
$2,500 1 $2,500 $2,500
GN917 GraniteNet WebSync Server including:

WebSync Server Features, User Management
Module NEW
$5,990 1 $5,990 $5,990
GN597 GraniteNet WebSync Server Annual Support Plan NEW $500 1 $500 $500 GN919 Web Inspect Server including:

Web Inspect Server NEW
$11,995 1 $11,995 $11,995
GN602 GraniteNet Web Inspect Server Annual Support Plan NEW
$2,000 1 $2,000 $2,000
GN608 WebInspect User Activation

NEW, NEW, NEW
$1,000 3 $3,000 $3,000
GY106 GraniteNet WebInspect Client Annual Subscription

NEW, NEW, NEW
$480 3 $1,440 $1,440
GN521 GraniteNet ESRI Interface Module NEW $7,895 1 $7,895 $7,895 GN523 GraniteNet ESRI Import Module NEW $2,005 1 $2,005 $2,005 GN576 GraniteNet ESRI Implementation NEW $4,500 1 $4,500 $4,500 GN579 GraniteNet Web Server Implementation NEW $6,000 1 $6,000 $6,000 GN507 GraniteNet PACP Module NEW $2,450 1 $2,450 $2,450 GX521 Consulting, 1H, Professional Services NEW $1,000 1 $1,000 $1,000 Grand Total $73,770
This Quotation is valid for 90 days for the itemized products and services listed herein and is subject to the following Terms and Conditions. Delivery of a purchase order by Buyer pursuant to this quotation shall be deemed to be an acceptance by Buyer of these Terms and Conditions. Pro-rata payments shall become due upon the shipment of goods and/or delivery of services. Seller shall not be liable or penalized for any delays beyond its reasonable control, including but not limited to acts of God, acts of Buyer, carrier delays, accidents, etc. In the event of any such delay, delivery or performance shall be extended accordingly and shall not relieve Buyer of its obligation to accept and make payment net 30 days from the date deliverables are provided. Past due invoices are subject to

1.5% per month (18% APR) charge or as permitted by applicable law. Payments made by credit card may be subject to an additional 3% finance fee at the time of processing. No merchandise will be acceptable for return without a Material Return Authorization Number written on the outside of the package. No returns will be accepted on used electrical parts.

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A quote for your consideration
Based on your business needs, we put the following quote together to help with your purchase decision. Below is a detailed summary of the quote we’ve created to help you with your purchase decision.

To proceed with this quote, you may respond to this email, order online through your Premier page, or, if you do not have Premier, use this Quote to Order.

Quote No. 3000124756459.1
Total $5,274.78
Customer # 403691
Quoted On Jun. 28, 2022
Expires by Jul. 28, 2022
Contract Name
Dell NASPO Computer
Equipment PA - California
Contract Code C000000181156
Customer Agreement # MNWNC-108/7157034003
Solution ID 16315238.1
Deal ID 24034064
Sales Rep Tanner Lee
Phone (800) 456-3355, 6178991
Email [email protected]
Billing To ACCOUNTS PAYABLE

CITY OF COVINA
125 E COLLEGE ST

FINANCE DEPT
COVINA, CA 91723-2129
Message from your Sales Rep
Please contact your Dell sales representative if you have any questions or when you're ready to place an order. Thank you for shopping with Dell!
Regards, Tanner Lee
Shipping Group
Shipping To

RECEIVING DEPT

CITY OF COVINA
125 E COLLEGE ST

FINANCE DEPT
COVINA, CA 91723-2129
(818) 331-0111
Shipping Method
Standard Delivery
Product Unit Price Quantity Subtotal
PowerEdge R440 Tailor Made Instant Savings - [pe_r440_tm] $4,908.49 1 $4,908.49

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Subtotal:

Shipping:

Environmental Fee:

Non-Taxable Amount:

Taxable Amount:

Estimated Tax:

Total:
$4,908.49
$0.00
$0.00
$1,334.86
$3,573.63
$366.29
$5,274.78

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Shipping Group Details
Shipping To

RECEIVING DEPT

CITY OF COVINA
125 E COLLEGE ST

FINANCE DEPT
COVINA, CA 91723-2129
(818) 331-0111
Shipping Method
Standard Delivery
Quantity Subtotal
PowerEdge R440 Tailor Made Instant Savings - [pe_r440_tm] Estimated delivery if purchased today:

Jul. 29, 2022
Contract # C000000181156
Customer Agreement # MNWNC-108/7157034003
$4,908.49 1 $4,908.49
Description SKU Unit Price Quantity Subtotal
PowerEdge R440 Server 210-ALZE - 1 - PowerEdge R440 MLK Motherboard V2 384-BCHR - 1 - Trusted Platform Module 2.0 461-AAEM - 1 -

2.5" Chassis up to 8 HP HDDs,PERC/HBA11 321-BHDL - 1 -
Internal PERC 405-AAOM - 1 - PowerEdge R440 Shipping 340-BSFX - 1 - PowerEdge R440 x8 Shipping Material, V2 340-COSL - 1 - PowerEdge R440 CCC and BIS Marking, No CE Marking 389-DSXN - 1 - Intel Xeon Silver 4208 2.1G, 8C/16T, 9.6GT/s, 11M Cache, Turbo, HT (85W) DDR4-2400
338-BSWX
- 1 -
No Additional Processor 374-BBBX - 1 - Standard Heat Sink 412-AAJT - 1 - 3200MT/s RDIMMs 370-AEVR - 1 - Performance Optimized 370-AAIP - 1 - RAID 1 780-BCDN - 1 - PERC H750 Adapter, Low Profile 405-ABCC - 1 - Windows Server 2022 Standard,16CORE,FI,No Med,No CAL, Multi Language
634-BYJY
- 1 - Windows Server 2022 Standard,16CORE,DF Recovery Image, Multi Lang, (Downgrade not included) 528-CSCP
- 1 - Windows Server 2022 Standard,16CORE,Media Kit, Multi Lang, (Downgrade not included) 634-BYLJ
- 1 - Windows Server 2022 Standard,No Media,WS2016 Std Downgrade DF Media, Multi Language
528-CSCL
- 1 - Windows Server 2022 Standard,No Media, WS2016 Std Downgrade w/DVD Media,Multi Lang
634-BYLP
- 1 - Windows Server 2022 Standard,No Media,WS2019 Std Downgrade DF Media, Multi Language
528-CSCQ
- 1 - Windows Server 2022 Standard,No Media, WS2019 Std Downgrade w/DVD Media,Multi Lang
634-BYLQ
- 1 -
iDRAC9,Enterprise 385-BBKT - 1 -
iDRAC Group Manager, Disabled 379-BCQY - 1 -
iDRAC,Factory Generated Password 379-BCSF - 1 -

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Riser Config 1, 1 x 16 FH 330-BBHL - 1 - On-Board LOM 542-BBBP - 1 - No Internal Optical Drive for x4 and x8 HDD Chassis 429-ABBF - 1 - Dual, Hot Plug, Redundant Power Supply (1+1), 550W 450-AGOY - 1 - Standard Bezel 325-BCHH - 1 - Dell EMC Luggage Tag 350-BBKT - 1 - No Quick Sync 350-BBKR - 1 - Performance BIOS Settings 384-BBBL - 1 - UEFI BIOS Boot Mode with GPT Partition 800-BBDM - 1 - ReadyRails Sliding Rails Without Cable Management Arm 770-BCJI - 1 - No Systems Documentation, No OpenManage DVD Kit 631-AACK - 1 - Dell Hardware Limited Warranty Plus Onsite Service 815-3441 - 1 - ProSupport Plus: Next Business Day Onsite Service After Problem Diagnosis, 5 Years
815-3519
- 1 -
ProSupport Plus: 7x24 HW/SW Technical Support and Assistance, 5 Years
815-3520
- 1 -
Thank you for choosing Dell ProSupport Plus. For tech support, visit //www.dell.com/contactdell 951-2015
- 1 -
On-Site Installation Declined 900-9997 - 1 -
8GB RDIMM, 3200MT/s, Single Rank 370-AEVO - 4 -
480GB SSD SATA Read Intensive 6Gbps 512 2.5in Hot-plug AG Drive, 1 DWPD 400-AXTV
- 2 -
Power Cord - C13, 3M, 125V, 15A (North America, Guam, North Marianas, Philippines, Samoa, Vietnam) 450-AALV
- 2 -
Subtotal:

Shipping:

Environmental Fee:

Estimated Tax:

Total:
$4,908.49
$0.00
$0.00
$366.29
$5,274.78

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Important Notes
Terms of Sale
This Quote will, if Customer issues a purchase order for the quoted items that is accepted by Supplier, constitute a contract between the entity issuing this Quote (“Supplier”) and the entity to whom this Quote was issued (“Customer”). Unless otherwise stated herein, pricing is valid for thirty days from the date of this Quote. All product, pricing and other information is based on the latest information available and is subject to change. Supplier reserves the right to cancel this Quote and Customer purchase orders arising from pricing errors. Taxes and/or freight charges listed on this Quote are only estimates. The final amounts shall be stated on the relevant invoice. Additional freight charges will be applied if Customer requests expedited shipping. Please indicate any tax exemption status on your purchase order and send your tax exemption certificate to [email protected] or [email protected], as applicable. Governing Terms: This Quote is subject to: (a) a separate written agreement between Customer or Customer’s affiliate and Supplier or a Supplier´s affiliate to the extent that it expressly applies to the products and/or services in this Quote or, to the extent there is no such agreement, to the applicable set of Dell’s Terms of Sale (available at www.dell.com/terms or www.dell.com/oemterms), or for cloud/as-a- Service offerings, the applicable cloud terms of service (identified on the Offer Specific Terms referenced below); and (b) the terms referenced herein (collectively, the “Governing Terms”). Different Governing Terms may apply to different products and services on this Quote. The Governing Terms apply to the exclusion of all terms and conditions incorporated in or referred to in any documentation submitted by Customer to Supplier.

Supplier Software Licenses and Services Descriptions: Customer’s use of any Supplier software is subject to the license terms accompanying the software, or in the absence of accompanying terms, the applicable terms posted on www.Dell.com/eula. Descriptions and terms for Supplier-branded standard services are stated at www.dell.com/servicecontracts/global or for certain infrastructure products at www.dellemc.com/en-us/customer-services/product-warranty-and-service-descriptions.htm. Offer-Specific, Third Party and Program Specific Terms: Customer’s use of third-party software is subject to the license terms that accompany the software. Certain Supplier-branded and third-party products and services listed on this Quote are subject to additional, specific terms stated on www.dell.com/offeringspecificterms (“Offer Specific Terms”).

In case of Resale only: Should Customer procure any products or services for resale, whether on standalone basis or as part of a solution, Customer shall include the applicable software license terms, services terms, and/or offer-specific terms in a written agreement with the end- user and provide written evidence of doing so upon receipt of request from Supplier.

In case of Financing only: If Customer intends to enter into a financing arrangement (“Financing Agreement”) for the products and/or services on this Quote with Dell Financial Services LLC or other funding source pre-approved by Supplier (“FS”), Customer may issue its purchase order to Supplier or to FS. If issued to FS, Supplier will fulfill and invoice FS upon confirmation that: (a) FS intends to enter into a Financing Agreement with Customer for this order; and (b) FS agrees to procure these items from Supplier. Notwithstanding the Financing Agreement, Customer’s use (and Customer’s resale of and the end-user’s use) of these items in the order is subject to the applicable governing agreement between Customer and Supplier, except that title shall transfer from Supplier to FS instead of to Customer. If FS notifies Supplier after shipment that Customer is no longer pursuing a Financing Agreement for these items, or if Customer fails to enter into such Financing Agreement within 120 days after shipment by Supplier, Customer shall promptly pay the Supplier invoice amounts directly to Supplier.

Customer represents that this transaction does not involve: (a) use of U.S. Government funds; (b) use by or resale to the U.S. Government; or (c) maintenance and support of the product(s) listed in this document within classified spaces. Customer further represents that this transaction does not require Supplier’s compliance with any statute, regulation or information technology standard applicable to a U.S. Government procurement.

For certain products shipped to end users in California, a State Environmental Fee will be applied to Customer’s invoice. Supplier encourages customers to dispose of electronic equipment properly.

Electronically linked terms and descriptions are available in hard copy upon request. ^Dell Business Credit (DBC): Offered to business customers by WebBank, Member FDIC, who determines qualifications for and terms of credit. Taxes, shipping and other charges are extra and vary. Minimum monthly payments are the greater of $15 or 3% of the new balance shown on the monthly billing statement. Dell and the Dell logo are trademarks of Dell Inc.

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Southern Computer Warehouse
1395 S. Marietta Parkway
Building 300
Marietta, Georgia 30067
United States http://www.scw.com
(P) 877-GOTOSCW
(F) 770.579.8937
Date
Jun 28, 2022 10:38 AM EDT
Modified Date
Jun 28, 2022 10:47 AM EDT
Quote (Open)
Quote #
1730935 - rev 1 of 1
Description QNAP
SalesRep
Glover, Tabitha
(P) 7705798927
(F) 770-579-8937
Customer Contact
Johnson, Mike
(P) 626-384-5433 [email protected]
Customer City of Covina CA (CO17866)
Johnson, Mike
125 East College Street
Covina, CA 91723-2199
United States
(P) (626) 384-5400
Bill To City of Covina CA
Parrish, Daryl
125 East College Street
Covina, CA 91723-2199
United States
(P) (626) 384-5430
[email protected]
Ship To City of Covina CA
125 East College Street
Covina, CA 91723-2199
United States
(P) (626) 384-5400
Customer PO: Terms: UndefinedShip Via: GROUND
Special Instructions: Carrier Account #:
# Image Description Part # Qty Unit Price Total
1 QNAP - QNAP TS-877XU-RP-3600-8G-US 2 $3,566.82 $7,133.64 Note: Out of stock
Lead time 4-8 weeks. Contract
Open Market - Open Market
2 Seagate - Seagate IronWolf ST8000VN004
Hard drive - 8 TB - internal - 3.5" - SATA 6Gb/s - 7200 rpm - buffer: 256 MB ST8000VN004 16 $215.56 $3,448.96
Note: 115 in stock
Contract
Open Market - Open Market
Thank you for the opportunity. Pricing is extremely volatile right now because of ongoing component shortages and rising costs across the board. Pricing is subject to change without notice at any time.

Quote valid for 30 days unless formal bid provides different term. Promotional pricing is valid only during term of promotion and while supplies last.

All returns must be authorized and clearly marked with a valid RMA number. RMA's are subject to restock fees when applicable.

Subtotal: $10,582.60
Tax (10.2500%): $1,084.72
Shipping: $0.00
Total: $11,667.32

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These prices may not include applicable taxes, insurance, shipping, delivery, setup fees, or any cables or cabling services or material unless specifically listed above.

Please note that expedited shipping charges are estimated, and could decrease or increase when invoiced.

All prices are subject to change without notice. Supply subject to availability.

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CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. CC 16
Meeting: CC Regular Meeting - Jul 19 2022
Title: Approve Professional Services Agreement Between the City of Covina and Alarm Program Systems LLC for Alarm Management and Billing Services Presented By: David Povero, Chief of Police
Recommendation: Authorize the City Manager or his designee to execute a Professional Services Agreement with Alarm Program Systems (APS) for alarm management and billing services.

EXECUTIVE SUMMARY / BACKROUND:

The City of Covina has been utilizing the PMAM Corporation since March 2013 for alarm management. As part of its agreement with the City, PMAM coordinated alarm customer service functions, helped to reduce false alarms calls and updated the City's alarm ordinance. Over the past ten years, PMAM has helped improve the City's alarm monitoring program. At this time, however, the City would like to go in a new direction and enter into a new three year agreement with Alarm Program Systems which provides a more modern and robust service for alarm management and billing.

DISCUSSION:

The goal of utilizing an alarm management company is to assist the Police Department with administering and enforcing the City's alarm ordinance and to reduce false alarms calls that drain police resources. The program over the last decade has been improved and has helped to reduce false alarms within the City through updates to the City's alarm ordinance and through educational training to the community.

APS is a California based company with nationwide clients and posses the expertise in the industry. They are exclusively focused on alarm ordinances and offers 100% web-based consumer relations management platform.

They have an experienced customer service support team that is well versed and will be trained in Covina's alarm ordinance. APS has a focused and proven collection procedures to improved the City's billing conversion rate.

Local cities that currently use APS include Montebello, Glendale, Culver City, Manhattan Beach, Hawthorne, Gardena, Fullerton and Palm Springs. All have been happy with the service provided by APS.

FISCAL IMPACT:

The agreement with APS includes a revenue sharing approach, wherein 18.5% of total revenues collected will be payment for service. Revenues are based on total permit fees, renewal fees, false alarm fines, reinstatement fees, late fees or related fines collected on behalf of the City. This is lower than the current vendor who charges 20%.

Since 2013, the alarm program has on average received $120,000 in revenue from fees. The annual revenues are more than sufficient to continue to fund this program. There is no negative impact to the general fund.

CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):

Not applicable.

ATTACHMENTS:

Attachment A - Covina APS Alarm Agreement
Respectfully submitted,

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Alarm Program Management Professional Service Agreement For the City of Covina, CA
This Alarm Program Management Professional Service Agreement (hereinafter “Agreement”) is made and entered into this 19th day of July, 2022 (the “Effective Date”) by and between Alarm Program Systems, LLC, a California limited liability company ("Company"), and the City of Covina, OR ("City"), hereinafter individually referred to as "Party" and collectively referred to as the "Parties."

RECITALS
WHEREAS, Company is in the business of providing services to municipalities with alarm ordinances; and
WHEREAS, pursuant to Chapter 8.20 of the Covina Municipal Code (“Alarm Systems Regulations”), the City has enacted laws governing the installation and use of private alarm systems and City desires to retain Company to administer and manage City's functions under the Alarm Ordinance (“City’s Alarm Management Program”), including collections, in accordance with the terms set forth below.

NOW, THEREFORE, in consideration of the mutual promises and covenants contained in this Agreement, the parties, each intending to be legally bound, agree as follows:

AGREEMENT

1. Term. This Agreement shall commence on the effective date and continue in full force and effect for three (3) calendar years thereafter ("Initial Term"), unless earlier terminated as provided elsewhere in this Agreement. The contract shall automatically renew on the anniversary date with two (2) additional one-year renewals with 90 days’ notice to terminate for either party during each annual contract period.

2. Termination. In the event either party shall, in good faith, determine the other to be in breach of the terms of this Agreement, the non-breaching party shall deliver written notice of the breach to the party in breach. The party in breach shall have thirty (30) days after notice is delivered to cure the breach. If the breach is not timely cured to the reasonable satisfaction of the non-breaching party, the non-breaching party may terminate this Agreement immediately upon delivering written notice of termination to the party in breach.

Additionally, the parties acknowledge the terms of this Agreement relating to the Company's compensation were negotiated and established based upon current City ordinances and fee schedules applicable to alarm permits in effect on the effective date of this Agreement. In the event there is a change in any of the fees during the term of this Agreement, as extended from time to time, Company shall have the right to request modification of this Agreement's compensation terms. Company shall notify City, in writing, of Company's desire to negotiate new compensation terms and each party shall engage in good faith negotiations regarding same.

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3. Scope of Services. Company agrees to perform the services set forth in the Scope of Services attached hereto as Exhibit "A" and incorporated herein by this reference as though fully set forth.

In the event City determines additional work beyond that contained in the Scope of Services is necessary for the effective administration of the City's Alarm Management Program, City may request Company perform this additional work. Following receipt of City's written authorization (which authorization shall include the rate of compensation payable to Company for such additional work) for the performance of such additional work, Company shall make all reasonable efforts to perform the additional work requested, submitting to City itemized invoices for the additional work performed. City agrees to deliver to Company, within 30 days of the invoice date, payment in full for each such itemized invoice submitted.

4. Compensation. Company shall be compensated in accordance with the Schedule of Compensation attached hereto as Exhibit "B" and incorporated herein by this reference as though fully set forth.

5. Obligation of City. City shall make available and/or deliver to Company, on a timely basis, those items Company determines necessary for Company's performance of its obligations under this Agreement, including, but not limited to, information, personnel, and technical support.

6. Ownership Rights. Company owns the software developed for and to be utilized in the operation and administration of City's Alarm Management Program ("Application Software") and Company retains all rights and titles therein and thereto. Upon City’s request, Company shall allow City limited access to any Application Software used by Company in connection with its duties hereunder, which access shall be provided for the purpose of verifying Company’s compliance with the terms of this Agreement. City acknowledges that apart from its limited right of access it possesses no other right, license, or interest in Company’s Application Software.

City shall own all data relating to the alarm permits, including the documents prepared by Company for the purpose of administering and operating City's Alarm Management Program.

Upon termination of this Agreement, each party shall, upon written request from the other party, promptly return to the other all documents, data, equipment, software, and other material belonging to, or otherwise owned by, the other party.

7. Confidentiality. The information and material Company receives from City regarding the individuals and/or businesses covered by City's Alarm Ordinance, or participating in City's Alarm Management Program, as well as the documents and material Company generates therefrom, are confidential to the extent permitted by law. And except as required for its performance under this Agreement, Company shall not disclose confidential information to any third party without City's prior written consent, unless Company is otherwise required by law to do so. Further, Company shall instruct its personnel to comply with the restrictions placed on the use and for disclosure of said confidential information.

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8. Hold Harmless. To the fullest extent permitted by law, Company shall indemnify, defend (at Company's sole expense, with legal counsel approved by City) and hold harmless the City of Covina, members of its City Council, its boards and commissions, officers, agents, and employees (hereinafter, "Indemnitees"), from and against a loss, damage, cost, expense, liability, claims, demands, suits, attorneys' fees and judgments arising from or in any manner connected to Company's or its employees’ or agents’ wrongful or negligent acts related to this Agreement. This indemnification includes, but is not limited to, tort liability to a third person for bodily injury and property damage. Notwithstanding the foregoing, nothing herein shall be construed to require Company to indemnify an Indemnitee from any claim arising from the negligence or willful misconduct of that Indemnitee.

The duty to defend referenced herein is wholly independent from the duty to indemnify, arises upon written notice by City to Company of a claim within the scope of this indemnification provision, and exists regardless of any determination of the ultimate liability of Company, City or any Indemnitee.

9. Insurance. Without limiting its obligations pursuant to Section 8 of this Agreement, the Company shall procure and maintain, at Company's own cost and expense and for the duration of this Agreement, insurance coverage as set forth in "Insurance Requirements" attached to and incorporated into this Agreement as Exhibit "C.”

10. Permits and Licenses. Company, at its sole expense, shall obtain and maintain during the term of this Agreement, all appropriate permits, licenses, and certificates that may be required in connection with the performance of services under this Agreement including, but not limited to, a City of Covina business license.

11. Notices. Any notice given in connection with this Agreement shall be given in writing, will be sent by registered or certified U.S. Mail, postage prepaid, or by commercial overnight delivery service, by facsimile, or electronic transmission, and will be deemed delivered either on the date of return receipt acknowledgment (in the case of U.S. Mail), or on the next day after the sending of the notice (in the case of facsimile or electric transmission notice or overnight delivery service).

Notices and other communications shall be addressed as follows:

Address if to Company:

Alarm Program Systems, LLC
360 Civic Drive., Suite
Pleasant Hill, CA 94523
Attention: Jim Huchingson, President
Address if to City:

Covina Police Department

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444 N Citrus Avenue
Covina, CA 91723
Attention: Monique Avila
Either party may notify the other, in writing, of a new address or contact person to which notices or other communications are to be delivered.

12. Non-Waiver. The failure of either party to exercise any of its rights under this Agreement for a breach thereof will not be deemed to be a waiver of such rights or a waiver of any subsequent breach.

13. Force Majeure. Neither Party will have any claim or right against the other for any failure of or delay in performance by such other Party if the failure or delay is caused by or the result of causes beyond the reasonable control of such other Party, including, but not limited to, acts of God, fire, flood, hurricane, or other natural catastrophe; terrorist actions, laws, orders, regulations, directions or actions of governmental authorities having jurisdiction over the subject matter hereof, or any civil or military authority, national emergency, insurrection, riot or war; inability to obtain equipment, material or other supplies, or other similar occurrence beyond the control of the affected Party. Any such delay or failure will suspend the affected Party’s obligations until the delay or failure ceases.

14. Choice of Law. Any dispute under, or related to, this Agreement shall be decided in accordance with the laws of the State of California.

15. Severability. If any part of this Agreement is held unenforceable, the rest of this Agreement shall nevertheless remain in full force and effect.

16. Amendments. This Agreement may be supplemented, amended, or revised only in writing signed by each Party.

17. Relationship of Parties. The legal relationship between the Parties hereto is that of an independent contractor, and nothing herein shall be deemed to make Company a City employee.

During the performance of this Agreement, Consultant and its officers, employees, and agents shall act in an independent capacity and shall not act as City officers or employees. The personnel performing the Scope of Services under this Agreement on behalf of Company shall at all times be under Company’s exclusive direction and control. City shall have no voice in the selection, discharge, supervision or control of Company’s employees, representatives, or agents, or in fixing their compensation or hours of service. Company shall pay all wages, salaries and other amounts due its employees in connection with this Agreement and shall be responsible for all reporting obligations respecting them. City shall not, in any way or for any purpose, be deemed a partner of Company in its business or otherwise a joint venture or a member of any joint enterprise with Company.

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18. Entire Agreement. This Agreement is the entire agreement between the Parties and it cannot be amended or modified orally. This Agreement may be supplemented, amended or revised only by a writing, which is signed by each of the Parties.

IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date first above written.

Alarm Program Systems, LLC
By:
______________________
Jim Huchingson
President
City of Covina
By:
_____________________
David Povero
Chief of Police

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Exhibit 'A'
Scope of Services
Generally, Company shall, consistent with City's current Alarm Ordinance, as amended from time to time, provide, operate, and maintain City's Alarm Management Program. In connection therewith, Company is responsible for developing, providing, installing, operating, and maintaining the system necessary to communicate with City, its Police Department, and those members of its citizenry affected by the alarm ordinance. As used herein, the term "Company's system" shall mean the equipment, including, but not limited to computer hardware and software, as well as the personnel and supplies necessary to carry out and operate City's Alarm Management Program and perform Company's duties and obligations articulated in the Alarm Management Service Agreement.

More specifically, Company shall provide a system capable of performing, producing and otherwise generating the following outcomes:

1. System Interface. Company's system shall enable Company to communicate with the various City departments necessary for the effective performance of City's Alarm Management Program, including, but not limited to, City's Police Department.

2. System Capability, Functionality. Company's system, in addition to interfacing with City's departments, and as described with more particularity in the paragraphs that follow, shall acquire, access, assimilate, produce, record and store data relevant to the operation of City's Alarm Management Program; generate and issue notices, permits and billing statements; track accounts receivables, and generate reports as more particularly described below.

3. Billing and Collection.
(a) Company's system shall perform billing and payment collection functions consistent with the terms of City's Alarm Ordinance. Except as otherwise provided herein, Company will generate billing statements that include the following details:
i. The name and mailing address of the individual or business billed; ii. The nature of the bill (i.e. initial registration, permit renewal, excess alarm fee); iii. Previous amount due;
iv. New charges;
v. Payments received (and/or other adjustments);
vi. The current amount due;
vii. The date payment is due; and
viii. A telephone number with instructions to call should the individual or business have questions about its bill.

Additionally, billing statements shall include a detachable form to be remitted with payment.

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(b) Company's system will provide customers with the ability to make payment on-line or by mail.

On-line payments shall be by credit card and shall be processed through a secure site, and payments by mail shall be delivered to a Post Office Box maintained and managed by Company. (c) Company's system shall track the occurrence of each incomplete payment brought about by customer's initiation of a stop payment order, chargeback, or delivery of a bad check of any kind, as well as the fee, if any, associated with each such occurrence. Company's system shall add any such fee assessed or otherwise incurred to the balance due from such customer and subsequently deliver a new bill to customer.

4. Records. In addition to the information necessary for the production of billing statements under paragraph 3 above, Company's system shall maintain the records necessary for operation of City's Alarm Management Program, including records of the following information:
i. Current customers, including name, mailing address, issue date of original registration, registration expiration date, annual registration renewal date, registration number, type of registration (residential or commercial), contact person and telephone number; ii. Registration number assigned to each customer;
iii. Amount due from each customer;
iv. Customer payment status (current or delinquent);
v. Total customer payments received each day, each week, each month and each calendar year;
vi. Total customer payments received broken down by payment date, payment type and registration number;
vii. A list of customers delinquent in their payments including the amount owed by each such customer and the total amount owed by all such customers; viii. The total number of violations for each customer/location broken down by the hour of day, day of the week, week of the month, month of the year, and year; ix. A list of customers currently pursuing appeal of billing; and x. A list of customers who have completed the appeals process along with a description of the outcome.

5. Reports. Company's system shall permit the generation and production of a variety of reports based upon the entry of a variety of parameters, including, but not limited to, registration number, customer name, customer address, incident type and date, including a range of dates.

For example, Company's system shall possess the ability to produce the following types of reports:
i. New alarm registrations issued and the fees collected therefor; ii. Total number of annual registration renewals billed, including the total dollar amount cited and the total dollar amount collected;
iii. Total number of false alarms by type (i.e. burglar or robbery) and by category (registered or non-registered customer);
iv. Total number of false alarms billed for each type and category as well as the fees

Page 9 of 13 ends

collected therefor;
v. A list of registrations by customer name, site address, registration number, and/or alarm company;
vi. A list of the total dollar amount of charges billed, total dollar amount received, and total dollar amount of charges outstanding; and
vii. Activity reports illustrating registrations (original and renewal), renewal notifications, billing and collections, as well as false alarm incidents.

6. Additional Functions. Company's system shall be equipped to perform the following functions:
i. Generate and assign registration numbers automatically; ii. Generate, print and deliver registrations;
iii. Generate, print and deliver billing statements and renewal notices; iv. Generate, print and deliver notices of non-compliance to non-registered alarm users; v. Generate, print and deliver notices of excessive false alarms to registered alarm users; vi. Generate, print and deliver notices and billing statements to non-registered alarm users who trigger false alarms;
vii. Establish and maintain a directory of alarm companies providing service within the geographical boundaries of City, including in said directory, Alarm Company name, address, telephone number, and contact person;
viii. Provide a link to City's Alarm Ordinance.

7. Additional Obligations. In addition to the other obligation contained in this Agreement, Company shall, during the term of this Agreement, perform the following obligations:
ii. Maintain Company's equipment in good working order to help ensure uninterrupted operation of City's Alarm Management Program;
ii. Take reasonable steps to protect Company's computer system against infection and corruption by means of virus, worm, or another similar invader;
iii. Maintain a telephone number which individuals may call to speak with someone about the specific details of their bill or to ask about the alarm permit program generally; iv. Provide training to those City employees engaged in the operation and/or oversight of City's Alarm Management Program; and
v. Provide the personnel necessary to carry out and perform the duties and obligations of Company as described in the Alarm Management Service Agreement.

8. Ordinance Consulting. Alarm Program Systems (APS) will assist Covina with Alarm Ordinance review, design and modification. APS will furnish industry standard ordinance templates, fee schedules and best practices. Additionally, APS will make resources available from our current set of customers to share best practices. We maintain close relationships with all of our agency partners and encourage all parties to share information covering the entire alarm program lifecycle from design, presenting to City Council and implementation/management.

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Exhibit “B”
Schedule of Compensation
Contractor and City acknowledge the terms of this Agreement relating to the Contractor's compensation were negotiated and established based upon current City Ordinances and fee schedules applicable to alarm permits in effect on the effective date of this Agreement. In the event there is a change in any of the fees during the term of this Agreement, as extended from time-to-time, Contractor and or City shall have the right to request modification of this Agreement's compensation terms. Contractor and or City shall notify the other Party, in writing, of the desire to negotiate new compensation terms and each Party shall engage in good faith negotiations regarding same.

All revenues generated and collected by and/or on behalf of the City during the term of this Agreement shall be divided among the Parties as follows:

CITY 81.5%, CONTRACTOR 18.5%
This revenue split will be based on total permit fees, renewal fees, false alarm fines, reinstatement fees, late fees or related fines collected by Contractor for City. Contractor shall be solely responsible for the payment (1) any one-time costs, including, but not limited to, any costs relating to implementation, data conversion, CAD interface, technical support, hardware, and training. Program costs form postage, mailing materials, and banking fees will be paid from gross alarm program revenues prior to the agreed upon split.

Payment System:

Contractor will reconcile, on the first of each month, the previous month's deposits. Based on each monthly reconciliation, Contractor will invoice City showing all revenues collected and invoices paid. An ACH request will be made and the City's portion of the revenue shall be deposited to the City's designated bank within 5 days of the 1st of each month.

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Exhibit “C”
Insurance Requirements
The insurance coverages specified in this paragraph are required unless modified by Exhibit 'A' of this agreement. If insurance requirements are contained in Exhibit “A”, they take precedence.

The Contractor shall, at the Contractor’s own expense, maintain with an insurance carrier authorized or eligible to do business in the State of California, with minimum coverage as outlined below, commercial automobile liability insurance, and either commercial general liability insurance or, if any services required by the contract must be performed by persons authorized by the State of California, professional liability insurance:

Commercial Automobile Liability
Bodily Injury Liability and Property Damage Liability Insurance $1,000,000 each occurrence OR combined single limit coverage of $2,000,000, with not greater than a $1000 deductible.

Commercial General Liability
Bodily Injury Liability and Property Damage Liability Insurance $1,000,000 each occurrence OR combined single limit coverage of $2,000,000, with not greater than a $1000 deductible.

Professional Liability Insurance
Shall include errors and omissions insurance providing $1,000,000 coverage, with not greater than a $5,000 deductible for all liability, which may be incurred during the life of this contract.

The City of Covina shall be named as an additional insured on all required policies, except professional liability insurance, and such insurance, as is carried by the Contractor, shall be primary over any insurance carried by the City of Covina. The Contractor shall provide a certificate of insurance, to be approved by the City of Covina prior to contract execution, which shall be attached to the contract.

Such insurance policies or related certificates of insurance shall name the City of Covina as an additional insured on all general liability, automobile liability, employers’ liability, and excess policies. The Contractor may comply with these insurance requirements through a program of self- insurance that meets or exceeds these minimum limits. The Contractor must provide the City of Covina with adequate documentation of self-insurance, prior to performing any work related to this contract, and treat the City as an insured under the indemnity agreement. Should the Contractor no longer benefit from a program of self-insurance, the Contractor agrees to promptly obtain insurance as provided above. A forty-five (45) Calendar Day written notice shall be given prior to termination of or any material change to the policy(ies) as it relates to this Agreement.

The City of Covina shall have no obligation to report occurrences unless a claim is filed with the City of Covina Auditor; nor shall the City of Covina have an obligation to pay premiums.

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In the event of nonrenewal, cancellation of, or material change in the coverage required, thirty (30) days written notice will be furnished the City of Covina prior to the date of cancellation, change or nonrenewal.

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CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. CC 17
Meeting: CC Regular Meeting - Jul 19 2022
Title: Installation of a Northbound & Southbound Two-Way Stop Control Intersection at North Glendora Avenue and East Wingate Street
Presented By: Andy Bullington, Director of Public Works Rafael M. Fajardo, City Engineer
Recommendation: That the City Council approve the Traffic & Parking Advisory Commission’s recommendation for the installation of a Northbound and Southbound Two-Way Stop Control Intersection at North Glendora Avenue and East Wingate Street EXECUTIVE SUMMARY / BACKROUND:

The Traffic & Parking Advisory Commission received a request from residents for the installation of a Two-Way Stop Control Intersection at North Glendora Avenue and East Wingate Street. The request indicated concerns related to pedestrian safety crossings and vehicles traveling through this intersection without adequate stop controls. On June 14, 2022, the Traffic & Parking Advisory Commission reviewed pertinent traffic conditions and recommended the installation of a Two-Way Stop Control Intersection, northbound and southbound, at the intersection of North Glendora Avenue and East Wingate Street.

DISCUSSION:

East Wingate Street is a residential local roadway that runs eastbound / westbound and carries one lane of traffic in each direction. East Wingate Street is a residential street with a speed limit of 25 MPH and homes located along both sides of the street. Additionally, East Wingate Street is Stop-controlled at Glendora Avenue and the roadway is approximately 36-feet wide with on-street parking allowed on the north and south side of the road and no street sweeping restrictions.

North Glendora Avenue is a minor arterial running north / south and carries two lanes of traffic in each direction.

The street is Stop-controlled at Ruddock Street to the south and Traffic Signal-controlled at Cypress Street. The roadway is approximately 60-feet in width with homes, on-street parking and bike lanes situated on both sides of the road. The length of the uncontrolled segment is approximately 2100 feet and has a speed limit of 35 MPH.

In an effort to determine if locations along North Glendora Avenue warranted the placement of an all-way stop control, City staff utilized criteria for placement of an all-way stop control as conveyed by the California Manual of Uniform Traffic Control Devices (CAMUTCD). Pursuant to the CAMUTCD, the placement of all-way stop control is warranted when:
• Traffic control signals are justified
• A crash problem exists as indicated by 5 or more accidents in a 12-month period • Minimum Volumes are met:
• Volume entering intersection from the major approach (total of both approaches) averages 300 vehicles per hour for any 8 hours of an average day. And
• The combined vehicle, pedestrian and bicycle volumes entering the intersection from the minor street approaches averages at least 200 units per hour for the same 8 hours. • If the 85th percentile approach speed of the major-street exceeds 40 mph the minimum volumes are 70 percent of the above values.

Other factors include potential sight obstructions and engineering judgment. After reviewing all available data and field observations, it was noted that a significant number of youth travel to Wingate Park via North Glendora Avenue for afterschool sports and park activities and the majority of these youth are unaccompanied by adults.

The park is also heavily used for other recreational activities and attracts many visitors during weekends.

Moreover, stop signs are designed to control the flow of traffic, not to be relied upon as speed controls or pedestrian safety devices. Unwarranted stop signs can exacerbate already existing speeding problems as drivers often speed up between street segments and may initially ignore a newly installed stop sign. Continual monitoring and enforcement proves to be effective subsequent to installing a new stop sign.

On balance, City staff determined that an all-way stop control is warranted at this location due to its proximity to Wingate Park and neighboring elementary and middle schools, and the Traffic & Parking Advisory Commission consequently approved the implementation of the following stop control measures:

1. Install STOP line, STOP pavement legend, and “STOP” (R1-1) sign at the intersection of Wingate Street and Glendora Avenue North and South bound at the intersection of Wingate Street.

FISCAL IMPACT:

The cost for installation is approximately $3,500. A total funding amount of $30,000 has been allocated from Measure M funding sources in the City’s approved Fiscal Year 2022-2023 Capital Improvement Program Budget for Traffic Calming Improvements (Account No. 2420-2200-55310-P2008).

CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):

This project has been determined to be categorically exempt under CEQA in accordance with Title 14, Chapter 3, Class 1, Sections 15301 and 15302. This exemption includes the minor alteration of existing public facilities involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination.

The project involves negligible or no expansion of an existing use.

ATTACHMENTS:

Attachment A - Recommended Stop Signs at Glendora Avenue and Wingate Street Respectfully submitted,

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Recommended Stop Sign, Stop Bar and Stop Legend at The Intersections of Glendora Avenue and Wingate Street for the southbound and northbound direction.

Add Stop Bar, Stop Pavement Legend, and a Stop Sign

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ATTACHMENT A

CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. CC 18
Meeting: CC Regular Meeting - Jul 19 2022
Title: Resolution CC 2022-73 Authorizing the Application for Grant Funds from the San Gabriel and Lower Los Angeles Rivers and Mountain Conservancy (RMC) Presented By: Lisa Evans, Director of Park and Recreation Andy Bullington, Director of Public Works
Rafael M. Fajardo, City Engineer
Recommendation: Adopt Resolution CC 2022-73 authorizing the City of Covina to apply for grant funds from the San Gabriel and Lower Los Angeles Rivers and Mountain Conservatory for the Hollenbeck Park Urban Greening Revitalization Project
EXECUTIVE SUMMARY / BACKROUND:

The San Gabriel and Lower Los Angeles River and Mountains Conservancy (RMC) offers grant opportunities for projects that help preserve open space and habitat in eastern Los Angeles County. City staff is preparing an application to potentially fund the Hollenbeck Park Urban Greening Revitalization Project, which consists of the installation of a one-half mile rubberized walking trail, approximately 150 new trees, a new bioswale system, a butterfly garden, fitness equipment and other appurtenances.

DISCUSSION:

The San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy (RMC) was created by the California Legislature in 1999 to help preserve open space and promote low impact recreation opportunities, educational resources, habitat restoration and protection including watershed improvements. The RMC awards grant funding to local and regional agencies to carryout this purpose and funding largely comes from a series of ballot measures approved by voters.

In response to grant opportunities offered by the RMC, City staff is preparing an application for the Hollenbeck Park Urban Greening Revitalization Project, which consists of the installation of a one-half mile rubberized walking trail, approximately 150 new trees, a new bioswale system, a butterfly garden, fitness equipment and other appurtenances (as shown on Exhibit A). In order to pursue the grant opportunity, the RMC has advised that the City must submit a requisite resolution with the City Council’s authorization to participate in the grant process.

If authorized, staff will complete the grant application for submittal to the RMC before the August 31, 2022 deadline. The RMC anticipates awarding grant funds in late Winter 2023 to all successful projects.

FISCAL IMPACT:

There is no financial impact at this time.

CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):

Not applicable.

ATTACHMENTS:

Attachment A - Resolution CC 2022-73
Respectfully submitted,

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RESOLUTION CC 2022-73

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COVINA,

CALIFORNIA, APPROVING THE APPLICATION FOR GRANT FUNDS

FOR THE SAN GABRIEL AND LOWER LOS ANGELES RIVERS AND

MOUNTAINS CONSERVANCY CLIMATE RESILIENCE GRANT

PROGRAM, FOR HOLLENBECK PARK URBAN GREENING

REVITALIZATION PROJECT
WHEREAS, the State of California has authorized an expenditure of General Funds by the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy (RMC) for the Climate Resilience Grant Program in Section 69 of the Budget Act of 2021; and WHEREAS, The RMC has been delegated the responsibility for the administration of the grant program in its jurisdiction, setting up necessary procedures; and WHEREAS, said procedures established by the RMC require the Applicant’s Governing Body to certify by resolution the approval of the Application before submission of said Application to the State; and
WHEREAS, the Applicant will enter into a contract with the State of California for the Project.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COVINA, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. Approves the filing of an Application for Grant Funds from the RMC Climate Resilience Grant Program.

SECTION 2. Certifies that the Hollenbeck Park Urban Greening Revitalization Project is consistent with local or regional land use plans or Programs (or if it is not, that the project is still approved).

SECTION 3. Certifies that the Project is consistent with the goals of Climate Resilience Grant Program including multi-beneficial and multi-jurisdictional ecosystem and watershed protection projects in accordance with statewide priorities.

SECTION 4. Certifies that the Application has or will have sufficient funds to operate and maintain the Project that is being submitted for funding consideration.

SECTION 5. Certifies that the Applicant has reviewed and understands the General Requirements and General Policies of the RMC Grant Program Guidelines.

SECTION 6. Appoints the City Manager (or authorized representative) as agent to conduct all negotiations, execute, and submit all documents including, but not limited to Applications, agreements, payment requests and so on, which may be necessary for the completion of the Project.

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Resolution CC 2022-73 Page 2 of 2
SECTION 7. The City Clerk shall certify to the passage and adoption of this resolution and shall enter the same in the Book of Original Resolutions.

APPROVED and PASSED this 19th day of July, 2022.

City of Covina, California
BY:

PATRICIA CORTEZ, Mayor
ATTEST:
_______________________________________
FABIAN VELEZ, Deputy City Clerk

CERTIFICATION
I, Fabian Velez, Deputy City Clerk of the City of Covina, do hereby certify that Resolution CC 2022-73 was duly adopted by the City Council of the City of Covina at a regular meeting held on the 19
th day of July, 2022, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Dated:
__________________________________
FABIAN VELEZ, Deputy City Clerk

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CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. CC 19
Meeting: CC Regular Meeting - Jul 19 2022
Title: Professional Services Agreement with RKA Consulting Group for the Fenimore Avenue, Loma Vista & Calvados Avenue Water Main Replacement Project Presented By: Andy Bullington, Public Works Director
Rafael M. Fajardo, City Engineer
Recommendation: Authorize the City Manager to execute a Professional Services Agreement between the City of Covina and RKA Consulting Group in an amount not-to-exceed $92,695 for design and engineering services pertaining to the Fenimore Avenue, Loma Vista & Calvados Avenue Water Main Replacement Project.

EXECUTIVE SUMMARY / BACKROUND:

As part of the City’s Fiscal Year 2022-2023 Capital Improvement Program, the City Council approved a project entitled “Fenimore Avenue, Loma Vista & Calvados Avenue Water Main Replacement Project,” which consists of the removal and replacement of approximately 2000 linear feet of an existing 8-inch water main line, water services, hydrants and other appurtenances.

DISCUSSION:

The water main located at Fenimore Avenue and Calvados Avenue, between Rowland Avenue and Workman Avenue, was installed in the early 1950’s. The main has reached the end of its useful life and replacement of the main will include the replacement of water service lines, isolation valves and fire hydrants. The water main in this area has experienced several leaks recently and in recent months the leaks have become more frequent. The new ductile iron water main will provide safe, clean and reliable water service to the community for the foreseeable future.

Informal Request for Proposals (RFP) were sent out to three consultant firms for design services. In response to the RFP, two proposals were received with the following results:

Rank Consultant Location Cost
1 RKA Consulting Group Walnut, CA $92,695
2 CEJ Engineers, Inc Walnut, CA $125,000
3 Infrastructure Engineers Brea, CA No response
FISCAL IMPACT:

A total funding amount of $1,250,000 has been allocated from the Water Capital Improvement and ARPA funding sources in the City’s approved Fiscal Year 2022-2023 Capital Improvement Program Budget for design and construction services.

Account Amount Account No.

Water $740,000 6011-5080-55410-W2302
ARPA $510,000 2990-5080-55410- W2302
Total $1,250,000
CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):

The project involves negligible or no expansion of an existing use.

ATTACHMENTS:

Attachment A - RKA Consulting Group, Proposal
Attachment B - RKA Consulting Group, Professional Service Agreement Respectfully submitted,

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PAGE 1 CITY OF COVINA

FENIMORE AVENUE AND CALVADOS AVENUE WATER AND STREET REHABILITATION

PROJECT
June 24, 2022
Rafael Fajardo
City Engineer
City of Covina
125 E. College Street
Covina, CA 91723
RE: PROPOSAL FOR ENGINEERING SERVICES FOR THE DESIGN OF THE FENIMORE AVENUE

AND CALVADOS AVENUE WATER AND STREET REHABILITATION PROJECT Dear Mr. Fajardo:

RKA Consulting Group is pleased to submit to you our fee proposal to provide engineering design services to replace the existing domestic water main and to provide street rehabilitation improvements for the above noted streets. The limits of the project are Fenimore Avenue between Rowland Street and 600 feet southerly of Workman Avenue, Calvados Avenue 650 feet northerly of Workman Avenue to 600 feet southerly of Workman Avenue, and Loma Vista Street east of 2nd Avenue from Orange Circle to end of cul-de-sac.

Fee Proposal
Utility Research and Coordination $ 6,700.00
Surveying and Mapping Services $ 16,440.00
Preparation of Bid Documents $ 36,135.00
Bid Advertisement and Support $ 10,640.00
Total Fee $ 69,915.00
Optional Task
Coring and Reporting, Geotechnical Compaction Testing $ 22,780.00 Total Fee With Optional Task $ 92,695.00
The preceding amount is based upon a time and materials, not-to-exceed amount for the scope of work identified in the attachment. If the project requires additional hours of staff time, the additional time will be billed per the hourly rates pending City approval.

ATTACHMENT A

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PAGE 2 CITY OF COVINA

FENIMORE AVENUE AND CALVADOS AVENUE WATER AND STREET REHABILITATION

PROJECT
We appreciate the opportunity to provide this proposal and look forward to working with you on this project. If you should have any questions, please do not hesitate to contact me via email at [email protected] or by phone at (909) 594-9702.

Sincerely,
Cody Howing, P.E.

Director of Engineering

ATTACHMENT A

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PAGE 3 CITY OF COVINA

ENGINEERING DESIGN SERVICES FENIMORE AVENUE AND CALVADOS AVENUE WATER

IMPROVEMENTS PROJECT
Scope of Work
Engineering Design Services
Task 1-Utility Research and Coordination
RKA will contact the utility agencies to obtain existing record maps, draw all utilities in a base map, and confirm with the utility agencies that the existing facilities are accurately drawn. Should there be a need to relocate any utilities, RKA will coordinate with the owner and obtain resolution prior to the completion of design.

Task 2- Surveying and Mapping Services
All necessary surveying and mapping services (control survey, topographic survey, topographic mapping) services will be completed through partnership with a sub consultant, Kelsoe and Associates. The design topographic survey locates above-ground existing utilities along the project alignment along with record maps and centerline information from the Los Angeles County Surveyor.

Task 3- Preparation of Bid Documents
Plans will be prepared indicating the new water line alignments, water service replacements, fire hydrant lateral replacements, valves, bends, tees and crosses, blow offs, air vacuums, and thrust blocks. No profiles will be shown. Details will be developed, as needed, particularly at some of the connections to the existing water lines. The alignment will be laid out in a way to minimize service disruptions. The design services are estimated for approximately 1,900 LF of new 8” PVC water main on Fenimore Avenue, approximately 1,300 LF of new 8” PVC water main on Calvados Avenue, and approximately 120 LF of new 6” PVC water main on Loma Vista Street. Along with the water improvement plans, plans will include pavement rehabilitation along the project limits of Fenimore Avenue and Calvados Avenue. Plans, specifications, and a cost estimate will be included in the 85% submittal for City review.

RKA will develop technical specifications to accompany the project design plans for the project.

Technical specifications will conform to the City’s requirements and will be based on the City’s water system standards, AWWA, Green Book Standards, and Caltrans Specifications as applicable to each of the improvement details. Inclusive of the technical specifications developed, RKA will work with the City to integrate any special conditions for the construction phase. While service shutdowns are inevitable with the proposed water improvements, RKA will work with the City to find the best solution to limiting impacts to customers during the construction phase.

ATTACHMENT A

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PAGE 4 CITY OF COVINA

ENGINEERING DESIGN SERVICES FENIMORE AVENUE AND CALVADOS AVENUE WATER

IMPROVEMENTS PROJECT
Task 4- Bid Advertisement and Support
During the bidding process, RKA will provide bid clarifications and addenda (if necessary), provide answers to contractor’s questions, attend the bid opening, evaluate the bid results and perform the necessary research of references of the apparent lowest responsible and responsive bidder.

RKA will also attend and facilitate the pre-construction meeting. During construction, RKA will review RFIs and submittals that may be necessary for the project and provide a written response within three (3) business days of receipt. For proposal purposes, it is estimated that 30 RFIs and/or submittals will be reviewed for this project.

Task 5- Asphalt Coring and Reporting, Geotechnical Compaction Testing (Optional) In coordination with Geo-Advantec Inc., a sub consultant Geotechnical Engineering group, RKA will provide professional geotechnical services for compaction testing of the trench backfill and street subgrade. A soils technician under the supervision of a registered Geotechnical Engineer will provide construction observation and testing for the project. During the design phase, subconsultant would be able to provide up to six (6) asphalt coring and report to develop the cross section of the pavement over the project limit.

Hourly Rate Schedule
Project Principal $170.00
Project Manager $150.00
Project Engineer $125.00
Engineering Technician $85.00

ATTACHMENT A

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PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement (“Agreement”) is dated July 19, 2022 (“Effective Date”) and is between the City of Covina, a California municipal corporation (“City”) and RKA Consulting Group, a California corporation (“Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

RECITALS
A. City desires to utilize the services of Consultant as an independent contractor to provide engineering services for the design of the Fenimore Avenue and Calvados Avenue Water and Street Rehabilitation.

B. 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.

C. City desires to retain Consultant and Consultant desires to serve City to perform these services in accordance with the terms and conditions of this Agreement.

The parties therefore agree as follows:

1. Term of Agreement. The term of this Agreement shall be from the Effective Date through June 30, 2023 unless sooner terminated as provided in Section 14 of this Agreement. The City may, upon mutual agreement, extend the contract for one (1) additional one-year terms. In no event shall the contract be extended beyond June 30, 2024.

2. Compensation.

A. Compensation. As full compensation for Consultant’s services provided under this Agreement, City shall pay Consultant a sum not to exceed Ninety-Two Thousand Six Hundred Ninety-Five Dollars ($92,695) (the “maximum compensation”), based on the hourly rates set forth in the Approved Fee Schedule, attached hereto as Exhibit A. Any terms in Exhibit A, other than the payment rates and schedule of payment, are null and void.

B. Expenses. The amount set forth in paragraph A shall include reimbursement for all actual and necessary expenditures reasonably incurred in the performance of this Agreement.

C. Additional Services. City shall not allow any claims for additional services performed by Consultant, unless the City Council and the Consultant Representative authorize the additional services in writing prior to Consultant’s performance of the additional services or incurrence of additional expenses. Any additional services or expenses authorized by the City Council shall be compensated at the rates set forth in Exhibit A, or, if not specified, at a rate mutually agreed to by the parties. City shall make payment for additional services and expenses in accordance with Section 4 of this Agreement.

3. Consultant’s Services.

A. Scope of Services. Consultant shall perform the services described in the Scope of Services, attached as Exhibit B. City may request, in writing, changes in the scope of services to

Page 7 of 22 ends

ATTACHMENT B
be performed. Any changes mutually agreed upon by the parties, and any increase or decrease in compensation, shall be incorporated by written amendments to this Agreement.

B. Party Representatives. For the purposes of this Agreement, the City Representative shall be the City Manager, or such other person designated in writing by the City Manager (the “City Representative”). For the purposes of this Agreement, the Consultant Representative shall be Cody Howing, Director of Engineering (the “Consultant Representative”). The Consultant Representative shall directly manage Consultant’s services under this Agreement. Consultant shall not change the Consultant Representative without City’s prior written consent.

C. Time for Performance. Consultant shall commence the services on the Effective Date and shall perform all services by the deadline established by the City Representative or, if no deadline is established, with reasonable diligence.

D. Standard of Performance. Consultant shall perform all services under this Agreement in accordance with the standard of care generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to City.

E. Personnel. Consultant has, or will secure at its own expense, all personnel required to perform the services required under this Agreement. All of the services required under this Agreement shall be performed by Consultant or under its supervision, and all personnel engaged in the work shall be qualified to perform such services. Consultant shall determine the means, methods, and details by which Consultant’s personnel will perform the services under this Agreement. Consultant shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the services and compliance with the customary professional standards.

F. Compliance with Laws. The Consultant shall keep itself informed of all local, state and federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City and its agents shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. This Agreement may call for services that, in whole or in part, constitute “public works,” as defined in the California Labor Code. Therefore, as to those services that may be “public works”, including professional engineering services, Consultant shall comply in all respects with all applicable provisions of the California Labor Code, including those set forth in Exhibit C.

G. Permits and Licenses. Consultant shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the provision of services under this Agreement, including a business license.

4. Method of Payment.

A. Invoices. Consultant shall submit to City an invoice, on a monthly basis or less frequently, for actual services performed pursuant to this Agreement. Each invoice shall itemize the services rendered during the billing period, hourly rates charged, if applicable, and the amount due. If City disputes any of Consultant's fees, it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice.

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ATTACHMENT B
B. Payment. City shall pay all undisputed invoice amounts within thirty (30) calendar days after receipt up to the maximum compensation set forth in Section 2 of this Agreement. City shall not withhold federal payroll, state payroll or other taxes, or other similar deductions, from payments made to Consultant. For all reimbursements authorized by this Agreement, Consultant shall provide receipts on all reimbursable expenses in excess of Fifty Dollars ($50) in such form as approved by the Finance Director.

C. Audit of Records. Consultant shall make all records, invoices, time cards, cost control sheets and other records maintained by Consultant in connection with this agreement available during Consultant’s regular working hours to City for review and audit by City.

5. Ownership of Documents. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed (“written products”) pursuant to this Agreement shall become the sole property of the City without restriction or limitation upon its use and may be used, reused, disseminated or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. Consultant may take and retain copies of the written products as desired, but the written products shall not be the subject of a copyright application by Consultant.

6. Independent Contractor.

A. Consultant is, and shall at all times remain as to City, a wholly independent contractor and not an employee of City. The personnel performing the services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant’s employees. Consultant shall not, at any time, or in any manner, represent that it or any of its officers, agents or employees are in any manner employees of City. Consultant and Consultant’s personnel shall not supervise any of City’s employees; and City’s employees shall not supervise Consultant’s personnel. Consultant’s personnel shall not wear or display any City uniform, badge, identification number, or other information identifying such individual as an employee of City; and Consultant’s personnel shall not use any City e-mail address or City telephone number in the performance of any of the services under this Agreement. Consultant shall acquire and maintain, at its sole cost and expense, such vehicles, equipment, and supplies as Consultant’s personnel require to perform any of the services required by this Agreement. Consultant shall perform the services off of City premises at locations of Consultant’s choice, except as otherwise may from time to time be necessary in order for Consultant’s personnel to receive projects from City, review plans on file at City, pick up or deliver any work product related to Consultant’s performance of the services under this Agreement, or as may be necessary to inspect or visit City locations and/or private property to perform the services.

City may make a computer available to Consultant from time to time for Consultant’s personnel to obtain information about or to check on the status of projects pertaining to the services under this Agreement.

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ATTACHMENT B
B. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. Consultant shall be responsible for and pay all wages, salaries, benefits and other amounts due to Consultant’s personnel in connection with their performance of the services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, other retirement or pension benefits, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. Notwithstanding any other agency, state, or federal policy, rule, regulation, statute or ordinance to the contrary, Consultant and any of its officers, employees, agents, and subcontractors providing any of the services under this Agreement shall not become entitled to, and hereby waive any claims to, any wages, salaries, compensation, benefit or any incident of employment by City, including, but not limited to, eligibility to enroll in, or reinstate to membership in, the California Public Employees Retirement System (“PERS”) as an employee of City, and entitlement to any contribution to be paid by City for employer contributions or employee contributions for PERS benefits.

C. Consultant shall indemnify and hold harmless City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs, and expenses of any nature to the extent arising from, caused by, or relating to Consultant’s personnel practices. or to the extent arising from, caused by, or relating to the violation of any of the provisions of this Section

6. In addition to all other remedies available under law, City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this Section 6. This duty of indemnification is in addition to Consultant’s duty to defend, indemnify, and hold harmless as set forth in any other provision of this Agreement.

7. PERS Compliance and Indemnification.

A. General Requirements. The parties acknowledge that City is a local agency member of PERS, and as such has certain pension reporting and contribution obligations to PERS on behalf of qualifying employees. Consultant agrees that, in providing its employees and any other personnel to City to perform the services under this Agreement, Consultant shall assure compliance with the Public Employees’ Retirement Law, commencing at Government Code Section 20000, the regulations of PERS, and the Public Employees’ Pension Reform Act of 2013, as amended. Without limitation to the foregoing, Consultant shall assure compliance with regard to personnel who have active or inactive membership in PERS and to those who are retired annuitants and in performing this Agreement shall not assign or utilize any of its personnel in a manner that will cause City to be in violation of the applicable retirement laws and regulations.

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ATTACHMENT B
Consultant’s violation of any provisions of this Section 7. This duty of indemnification is in addition to Consultant’s duty to defend, indemnify, and hold harmless as set forth in any other provision of this Agreement.

8. Confidentiality. All data, documents, discussion, or other information (collectively “data”) developed or received by Consultant or provided for performance of this Agreement are deemed confidential. Consultant shall keep all data confidential and shall not disclose any data to any person or entity without City’s prior written consent. City shall grant such consent if disclosure is legally required. Consultant shall return all data to City upon the expiration or termination of this Agreement. Consultant’s covenant under this Section 8 shall survive the expiration or termination of this Agreement.

9. Conflicts of Interest. Consultant and its officers, employees, associates and subcontractors, if any, shall comply with all conflict of interest statutes of the State of California applicable to Consultant’s services under this Agreement, including the Political Reform Act (Gov.

Code, § 81000 et seq.) and Government Code Section 1090. During the term of this Agreement, Consultant may perform similar services for other clients, but Consultant and its officers, employees, associates and subcontractors shall not, without the City Representative’s prior written approval, perform work for another person or entity for whom Consultant is not currently performing work that would require Consultant or one of its officers, employees, associates or subcontractors to abstain from a decision under this Agreement pursuant to a conflict of interest statute. Consultant shall incorporate a clause substantially similar to this Section 9 into any subcontract that Consultant executes in connection with the performance of this Agreement.

10. Indemnification.

A. Indemnity for Design Professional Services. To the fullest extent permitted by law, Consultant shall, at its sole cost and expense, protect, indemnify and hold harmless City and its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively “Indemnitees”), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, liens and losses of any nature whatsoever, including fees of accountants, attorneys or other professionals, and all costs associated therewith, and reimbursement of attorney’s fees and costs of defense (collectively “Liabilities”), whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to, in whole or in part, the negligence, recklessness or willful misconduct of Consultant, its officers, agents, servants, employees, subcontractors, material men, contractors or their officers, agents, servants or employees (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of design professional services under this Agreement by a “design professional,” as the term is defined under California Civil Code Section 2782.8(c)(2).

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ATTACHMENT B
or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant, its officers, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Claims arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the parties. Consultant shall defend the Indemnitees in any action or actions filed in connection with any Claim with counsel of the Indemnitees’ choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs actually incurred in connection with such defense. Consultant shall reimburse the Indemnitees for any and all legal expenses and costs incurred by the Indemnitees in connection therewith.
2) Consultant shall pay all required taxes on amounts paid to Consultant under this Agreement, and indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Consultant shall fully comply with the workers’ compensation law regarding Consultant and Consultant’s employees. Consultant shall indemnify and hold City harmless from any failure of Consultant to comply with applicable workers’ compensation laws.

City may offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this Subparagraph B. 2). 3) Consultant shall obtain executed indemnity agreements with provisions identical to those in this Section 10 from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. If Consultant fails to obtain such indemnities, Consultant shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Claims in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant’s subcontractor, its officers, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that Consultant’s subcontractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Claims arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the parties.

C. Workers’ Compensation Acts not Limiting. Consultant’s obligations under this Section 10, or any other provision of this Agreement, shall not be limited by the provisions of any workers’ compensation act or similar act. Consultant expressly waives its statutory immunity under such statutes or laws as to City, its officers, agents, employees and volunteers.

D. Insurance Requirements not Limiting. City does not, and shall not, waive any rights that it may possess against Consultant because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. This hold harmless and indemnification provisions in this Section 10 shall apply regardless of whether or not any insurance policies are determined to be applicable to the Liability, Claim, tax, assessment, penalty or interest asserted against City.

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ATTACHMENT B
E. Survival of Terms. The indemnification in this Section 10 shall survive the expiration or termination of this Agreement.

11. Insurance.

A. Minimum Scope and Limits of Insurance. Consultant shall procure and at all times during the term of this Agreement carry, maintain, and keep in full force and effect, insurance as follows:
1) Commercial General Liability Insurance with a minimum limit of Two Million Dollars ($2,000,000) per occurrence for bodily injury, personal injury and property damage and a general aggregate limit of Two Million Dollars ($2,000,000) per project or location.

If Consultant is a limited liability company, the commercial general liability coverage shall be amended so that Consultant and its managers, affiliates, employees, agents and other persons necessary or incidental to its operation are insureds.
2) Automobile Liability Insurance for any owned, non-owned or hired vehicle used in connection with the performance of this Agreement with a combined single limit of Two Million Dollars ($2,000,000) per accident for bodily injury and property damage. If Consultant does not use any owned, non-owned or hired vehicles in the performance of services under this Agreement, Consultant shall obtain a non-owned auto endorsement to the Commercial General Liability policy required under Subparagraph A. 1) of this Section 11. 3) Workers’ Compensation Insurance as required by the State of California and Employer’s Liability Insurance with a minimum limit of One Million Dollars ($1,000,000) per accident for bodily injury or disease. If Consultant has no employees while performing services under this Agreement, workers’ compensation policy is not required, but Consultant shall provide an executed declaration that it has no employees. 4) Professional Liability Insurance with minimum limits of Two Million Dollars ($2,000,000) per claim and in aggregate.

B. Acceptability of Insurers. The insurance policies required under this Section 11 shall be issued by an insurer admitted to write insurance in the State of California with a rating of A:VII or better in the latest edition of the A.M. Best Insurance Rating Guide. Self-insurance shall not be considered to comply with the insurance requirements under this Section 11.

C. Additional Insured. The commercial general and automobile liability policies shall contain an endorsement naming the City, its officers, employees, agents and volunteers as additional insureds.

D. Primary and Non-Contributing. The insurance policies required under this Section 11 shall apply on a primary non-contributing basis in relation to any other insurance or selfinsurance available to City. Any insurance or self-insurance maintained by City, its officers, employees, agents or volunteers, shall be in excess of Consultant’s insurance and shall not contribute with it.

E. Consultant’s Waiver of Subrogation. The insurance policies required under this Section 11 shall not prohibit Consultant and Consultant’s employees, agents or subcontractors

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ATTACHMENT B
from waiving the right of subrogation prior to a loss. Consultant hereby waives all rights of subrogation against City.

F. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be approved by City. At City’s option, Consultant shall either reduce or eliminate the deductibles or self-insured retentions with respect to City, or Consultant shall procure a bond guaranteeing payment of losses and expenses.

G. Cancellations or Modifications to Coverage. Consultant shall not cancel, reduce or otherwise modify the insurance policies required by this Section 11 during the term of this Agreement. The commercial general and automobile liability policies required under this Agreement shall be endorsed to state that should the issuing insurer cancel the policy before the expiration date, the issuing insurer will endeavor to mail thirty (30) calendar days’ prior written notice to City. If any insurance policy required under this Section 11 is canceled or reduced in coverage or limits, Consultant shall, within two (2) business days of notice from the insurer, phone, fax or notify City via certified mail, return receipt requested, of the cancellation of or changes to the policy.

H. City Remedy for Noncompliance. If Consultant does not maintain the policies of insurance required under this Section 11 in full force and effect during the term of this Agreement, or in the event any of Consultant’s policies do not comply with the requirements under this Section 11, City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may, but has no duty to, take out the necessary insurance and pay, at Consultant’s expense, the premium thereon. Consultant shall promptly reimburse City for any premium paid by City or City may withhold amounts sufficient to pay the premiums from payments due to Consultant.

I. Evidence of Insurance. Prior to the performance of services under this Agreement, Consultant shall furnish City’s Risk Manager with a certificate or certificates of insurance and all original endorsements evidencing and effecting the coverages required under this Section 11. The endorsements are subject to City’s approval. Consultant may provide complete, certified copies of all required insurance policies to City. Consultant shall maintain current endorsements on file with City’s Risk Manager. Consultant shall provide proof to City’s Risk Manager that insurance policies expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Consultant shall furnish such proof at least two (2) weeks prior to the expiration of the coverages.

J. Indemnity Requirements not Limiting. Procurement of insurance by Consultant shall not be construed as a limitation of Consultant’s liability or as full performance of Consultant’s duty to indemnify City under Section 10 of this Agreement.

K. Subcontractor Insurance Requirements. Consultant shall require each of its subcontractors that perform services under this Agreement to maintain insurance coverage that meets all of the requirements of this Section 11.

12. Mutual Cooperation.

A. City’s Cooperation. City shall provide Consultant with all pertinent data, documents and other requested information as is reasonably available for Consultant’s proper performance of the services required under this Agreement.

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ATTACHMENT B
B. Consultant’s Cooperation. In the event any claim or action is brought against the City relating to Consultant’s performance or services rendered under this Agreement, Consultant shall render any reasonable assistance that City requires.

13. Records and Inspections. Consultant shall maintain full and accurate records with respect to all matters covered under this Agreement for a period of five (5) years. Consultant shall, without charge, provide City with access to the records during normal business hours. City may examine and audit the records and make transcripts therefrom, and inspect all program data, documents, proceedings and activities.

14. Termination or Suspension of Agreement.

A. Right to Terminate or Suspend. City may terminate or suspend this Agreement at any time, at will, for any reason or no reason, after giving written notice to Consultant at least seven (7) calendar days before the termination or suspension is to be effective. Consultant may terminate this Agreement at any time, at will, for any reason or no reason, after giving written notice to City at least sixty (60) calendar days before the termination is to be effective.

B. Obligations upon Termination. Consultant shall cease all work under this Agreement on or before the effective date of termination specified in the notice of termination. In the event of City’s termination of this Agreement due to no fault or failure of performance by Consultant, City shall pay Consultant based on the percentage of work satisfactorily performed up to the effective date of termination. In no event shall Consultant be entitled to receive more than the amount that would be paid to Consultant for the full performance of the services required by this Agreement.

15. Force Majeure. Consultant shall not be liable for any failure to perform its obligations under this Agreement if Consultant presents acceptable evidence, in City’s sole judgment, that such failure was due to strikes, lockouts, labor disputes, embargoes, acts of God, inability to obtain labor or materials or reasonable substitutes for labor or materials, governmental restrictions, governmental regulations, governmental controls, judicial orders, enemy or hostile governmental action, civil commotion, fire or other casualty, or other causes beyond Consultant’s reasonable control and not due to any act by Consultant.

16. Notices. Any notices, consents, requests, demands, bills, invoices, reports or other communications which either party may desire to give to the other party under this Agreement must be in writing and conclusively deemed effective: (a) on personal delivery, (b) on confirmed delivery by reputable document delivery service or courier service during Consultant’s and City's regular business hours, or (c) five business days after deposit in the United States mail, by first class mail, postage prepaid, and addressed to the party to be notified as set forth below:

If to City: If to Consultant:

Attn: Public Works, Engineering Attn: Cody Howing
City of Covina RKA Consulting Group
125 E. College Street 398 Lemon Creek Drive Suite E
Covina, California 91723 Walnut, CA 91789

17. Non-Discrimination and Equal Employment Opportunity. In the performance of this Agreement, Consultant shall not discriminate against any employee, subcontractor or applicant for

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ATTACHMENT B
employment because of race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information, sexual orientation or other basis prohibited by law.

Consultant will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment, without regard to their race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information or sexual orientation.

18. Prohibition of Assignment and Delegation. Consultant shall not assign any of its rights or delegate any of its duties under this Agreement, either in whole or in part, without City’s prior written consent. City’s consent to an assignment of rights under this Agreement shall not release Consultant from any of its obligations or alter any of its primary obligations to be performed under this Agreement. Any attempted assignment or delegation in violation of this Section 18 shall be void and of no effect and shall entitle City to terminate this Agreement. As used in this Section 18, “assignment” and “delegation” means any sale, gift, pledge, hypothecation, encumbrance or other transfer of all or any portion of the rights, obligations, or liabilities in or arising from this Agreement to any person or entity, whether by operation of law or otherwise, and regardless of the legal form of the transaction in which the attempted transfer occurs.

19. No Third-Party Beneficiaries Intended. Except as otherwise provided in Section 10, this Agreement is made solely for the benefit of the parties to this Agreement and their respective successors and assigns, and no other person or entity may have or acquire a right by virtue of this Agreement.

20. Waiver. No delay or omission to exercise any right, power or remedy accruing to City under this Agreement shall impair any right, power or remedy of City, nor shall it be construed as a waiver of, or consent to, any breach or default. No waiver of any breach, any failure of a condition, or any right or remedy under this Agreement shall be (1) effective unless it is in writing and signed by the party making the waiver, (2) deemed to be a waiver of, or consent to, any other breach, failure of a condition, or right or remedy, or (3) deemed to constitute a continuing waiver unless the writing expressly so states.

21. Exhibits. Exhibits A, B, and C constitute a part of this Agreement and are incorporated into this Agreement by this reference. If any inconsistency exists or arises between a provision of this Agreement and a provision of any exhibit, the provisions of this Agreement shall control.

22. Entire Agreement. This Agreement and all exhibits referred to in this Agreement constitute the final, complete and exclusive statement of the terms of the agreement between the parties pertaining to the subject matter of this Agreement and supersede all other prior or contemporaneous oral or written understandings and agreements of the parties. No party has been induced to enter into this Agreement by, nor is any party relying on, any representation or warranty except those expressly set forth in this Agreement.

23. Amendment of Agreement. This Agreement may be amended only by a writing signed by both parties. The City Manager is authorized to sign an amendment to this Agreement on the City Council’s behalf and without the City Council’s prior approval to make the following nonsubstantive modifications to the Agreement: (a) name changes; (b) extensions of time; (c) nonmonetary changes in the scope of work; and (d) termination of the Agreement.

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ATTACHMENT B

24. Headings. The headings in this Agreement are included solely for convenience of reference and shall not affect the interpretation of any provision of this Agreement or any of the rights or obligations of the parties to this Agreement.

25. Word Usage. Unless the context clearly requires otherwise, (a) the words “shall,” “will” and “agrees” are mandatory and “may” is permissive; (b) “or” is not exclusive; and (c) “includes” or “including” are not limiting.

26. Time of the Essence. Time is of the essence in respect to all provisions of this Agreement that specify a time for performance; provided, however, that the foregoing shall not be construed to limit or deprive a party of the benefits of any grace or use period allowed in this Agreement.

27. Governing Law and Choice of Forum. This Agreement, and any dispute arising from the relationship between the parties to this Agreement, shall be governed by and construed in accordance with the laws of the State of California, except that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be applied in interpreting this Agreement. Any dispute that arises under or relates to this Agreement (whether contract, tort or both) shall be resolved in a municipal, superior or federal court with geographic jurisdiction over the City of Covina.

28. Attorneys’ Fees. In any litigation or other proceeding by which on party seeks to enforce its rights under this Agreement (whether in contract, tort or both) or seeks a declaration of any rights or obligations under this Agreement, the prevailing party shall be shall be awarded reasonable attorneys’ fees together with any costs and expenses, to resolve the dispute and to enforce the final judgment.

29. Severability. If a court of competent jurisdiction holds any provision of this Agreement to be illegal, invalid or unenforceable for any reason, the validity of and enforceability of the remaining provisions of this Agreement shall not be affected and continue in full force and effect.

30. Authority to Execute Agreement. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder.
[SIGNATURE PAGE FOLLOWS]

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ATTACHMENT B
The parties, through their duly authorized representatives, are signing this Agreement on the date stated in the introductory clause.

City:

City of Covina,
a California municipal corporation
By:

Name: Christopher Marcarello
Title: City Manager
ATTEST:

By:

Name: Evelyn Leach
Title: Interim Chief Deputy City Clerk
Consultant:

RKA Consulting Group
a California corporation
By:

Name:

Title:

By:

Name:

Title:
(Two signatures of corporate officers required
for corporations under Corporations Code
Section 313, unless corporate documents
authorize only one person to sign this
Agreement on behalf of the corporation.)

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ATTACHMENT B

EXHIBIT A

APPROVED FEE SCHEDULE

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ATTACHMENT B

EXHIBIT B

SCOPE OF SERVICES

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ATTACHMENT B

EXHIBIT C

CALIFORNIA LABOR CODE COMPLIANCE
(Labor Code §§ 1720 et seq., 1813, 1860, 1861, 3700)
If this Agreement calls for services that, in whole or in part, constitute “public works” as defined in the California Labor Code, then:

1. This Agreement is subject to the provisions of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works and the awarding public agency (“City”) and Consultant agrees to be bound by all the provisions thereof as though set forth in full herein.

2. Consultant shall be registered with the Department of Industrial Relations (“DIR”) in accordance with California Labor Code Section 1725.5 and has provided proof of registration to City prior to the Effective Date of this Agreement.

3. Consultant shall comply with the provisions of California Labor Code Sections 1771, 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The applicable prevailing wage determination(s) may be obtained at (http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm), are on file with City, and are available to any interested party upon request. Consultant shall, as a penalty to City, forfeit not more than two-hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for any public work done under this Agreement by Consultant or by any subcontractor.

4. Pursuant to California Labor Code Section 1771.4, Consultant’s services are subject to compliance monitoring and enforcement by the Department of Industrial Relations.

Consultant shall post job site notices as prescribed by DIR regulations and agrees to furnish the records specified in California Labor Code Section 1776 directly to the Labor Commissioner in the manner prescribed by California Labor Code Section 1771.4(a)(3) and (c)(2).

5. Consultant shall comply with the provisions of California Labor Code Section 1776 which, among other things, require Consultant and each subcontractor to: (1) keep accurate payroll records, (2) certify and make such payroll records available for inspection as provided by Section 1776, and (3) inform City of the location of the records. Consultant is responsible for compliance with Section 1776 by itself and all of its subcontractors.

6. Consultant shall comply with the provisions of California Labor Code Section 1777.5 concerning the employment of apprentices on public works projects, and further agrees that Consultant is responsible for compliance with Section 1777.5 by itself and all of its subcontractors.

7. Consultant shall comply with the provisions of California Labor Code Section 1813 concerning penalties for workers who work excess hours. Consultant shall, as a penalty to City, forfeit twenty-five dollars ($25) for each worker employed in the execution of this Agreement by Consultant or by any subcontractor for each calendar day during which such

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ATTACHMENT B
worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the California Labor Code.

8. California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Consultant hereby certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this Agreement.”
Date _______________ Signature ____________________________________

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ATTACHMENT B
CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. CC 20
Meeting: CC Regular Meeting - Jul 19 2022
Title: Authorize the Purchase of Three (3) 2022 Ford Explorer SUVs Presented By: David Povero, Chief of Police
Recommendation: Authorize the purchase of three (3) 2022 Ford Explorer SUVs and related equipment retrofits in the amount of $160,000.

EXECUTIVE SUMMARY / BACKROUND:

The Police Department is requesting authorization to purchase three (3) 2022 Ford Explorer SUVs through the Sourcewell master vehicle contract #120716-NAF (formally known as the NJPA). The aggregate cost for the replacement of three (3) vehicles is $115,769.22, including taxes, from Wondries Ford, Alhambra California. The replacement of three (3) patrol vehicles was recommended by the Department of Public Works Maintenance Supervisor. Additionally, the remainder of the replacement budget will be used to retrofit each vehicle with patrol equipment, including lighting/sirens and patrol equipment.

DISCUSSION:

Section 2.20.200 of the Covina Municipal Code (CMC) provides, in part, that the formal bidding procedures may be waived where it is to the City’s advantage to combine its purchases with those of another entity. Accordingly, it is staff’s intention that these vehicle be procured by exercising an existing purchase option through a master vehicle contract. By doing so, the city will realize significant savings in both vehicle costs as well as in vehicle delivery.

FISCAL IMPACT:

No new funds are being requested. $160,000 is available in the FY 2022-23 Central Equipment fund 7010 6010 55550 for these three vehicles and retrofits.

CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):

Not applicable.

Respectfully submitted,

CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. CC 21
Meeting: CC Regular Meeting - Jul 19 2022
Title: Approve a Professional Services Agreement with MasterCorp Services LLC for Janitorial Services
Presented By: David Povero, Chief of Police
Recommendation: Authorize the City Manager or his designee to sign an agreement with MasterCorp Service LLC to provide janitorial services for the Covina Police Department.

EXECUTIVE SUMMARY / BACKROUND:

The Covina Police Department has previously used the city-wide janitorial service administered by City Hall.

Due to personnel issues with the vendor and poor work product quality, the police department desires to use a new vendor to provide janitorial service. The police station is a 24-7 facility where all areas see heavy traffic and utilization thus making cleanliness an important priority.

DISCUSSION:

The City would like to enter into a one-year agreement with option for two additional one-year terms with MasterCorp Services to provide janitorial services. MasterCorp services had the lowest cost of $3,923.67 per month out of three separate solicitations. The other solicitations were from BriteWorks Inc and Ultimate Maintenance Services.

FISCAL IMPACT:

Monthly cost of service is $3,923.67 per month. The agreement has a not-to-exceed amount of $ 58,900.05 for any additional work that is authorized. Total cost has been budgeted in the FY 2022-23 Police Budget in 1010 1000 52300 (janitorial). There is no additional general fund impact.

CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):

Not applicable.

ATTACHMENTS:

Attachment A - MasterCorp Service Agreement
Respectfully submitted,

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12923-0001\1917425v3.doc

PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement (“Agreement”) is dated July 19, 2022 (“Effective Date”) and is between the City of Covina, a California municipal corporation (“City”) and MasterCorp Commercial Services, LLC, an Arizona company (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

RECITALS
A. City desires to utilize the services of Contractor as an independent contractor to provide Janitorial services.

B. Contractor 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.

C. City desires to retain Contractor and Contractor desires to serve City to perform these services in accordance with the terms and conditions of this Agreement.

The Parties therefore agree as follows:

1. Term of Agreement. The term of this Agreement shall be from the Effective Date through July 19, 2023, unless sooner terminated as provided in Section 14 of this Agreement. The City may, upon mutual agreement, extend the contract for two (2) additional one year terms. In no event shall the contract be extended beyond July 19, 2025.

2. Compensation.

A. Compensation. As full compensation for Contractor’s services provided under this Agreement, City shall pay Contractor the total flat sum of Three Thousand Nine Hundred Twenty Six Dollars and Sixty Seven Cents ($3,926.67) per month for a total not to exceed sum of Fifty Eight Thousand Nine Hundred Dollars and Five Cents ($58,900.05) (the “maximum compensation”), ending on July 19, 2023 as set forth in the Approved Fee Schedule, attached hereto as Exhibit A. Any terms in Exhibit A, other than the payment rates and schedule of payment, are null and void.

B. Expenses. The amount set forth in paragraph A shall include reimbursement for all actual and necessary expenditures reasonably incurred in the performance of this Agreement.

C. Additional Services. City shall not allow any claims for additional services performed by Contractor, unless the City Council and the Contractor Representative authorize the additional services in writing prior to Contractor’s performance of the additional services or incurrence of additional expenses. Any additional services or expenses authorized by the City Council shall be compensated at the rates set forth in Exhibit A, or, if not specified, at a rate mutually agreed to by the Parties. City shall make payment for additional services and expenses in accordance with Section 4 of this Agreement.

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3. Contractor’s Services.

A. Scope of Services. Contractor shall perform the services described in the Scope of Services, attached as Exhibit B. City may request, in writing, changes in the scope of services to be performed. Any changes mutually agreed upon by the Parties, and any increase or decrease in compensation, shall be incorporated by written amendments to this Agreement.

B. Party Representatives. For the purposes of this Agreement, the City Representative shall be the City Manager, or such other person designated in writing by the City Manager (the “City Representative”). For the purposes of this Agreement, the Contractor Representative shall be Angie Zavala (the “Contractor Representative”). The Contractor Representative shall directly manage Contractor’s services under this Agreement. Contractor shall not change the Contractor Representative without City’s prior written consent.

C. Time for Performance. Contractor shall commence the services on the Effective Date and shall perform all services by the reasonably established deadline by the City Representative or, if no deadline is established, with reasonable diligence.

D. Standard of Performance. Contractor shall perform all services under this Agreement in accordance with the standard of care generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to City.

E. Personnel. Contractor has, or will secure at its own expense, all personnel required to perform the services required under this Agreement. All of the services required under this Agreement shall be performed by Contractor or under its supervision, and all personnel engaged in the work shall be qualified to perform such services. Contractor shall determine the means, methods, and details by which Contractor’s personnel will perform the services under this Agreement. Contractor shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the services and compliance with the customary professional standards. City agrees not to recruit, hire, and/or employ any of the Contractor’s employees for at least six months after the termination of this Agreement.

F. Compliance with Laws. The Contractor shall keep itself informed of all local, state and federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such ordinances, laws and regulations. The City and its agents shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this section.

G. Permits and Licenses. Contractor shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the provision of services under this Agreement, including a business license.

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4. Method of Payment.

A. Invoices. Contractor shall submit to City an invoice, on a monthly basis or less frequently, for actual services performed pursuant to this Agreement. Each invoice shall itemize the services rendered during the billing period, hourly rates charged, if applicable, and the amount due. If City disputes any of Contractor's fees, it shall give written notice to Contractor within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice.

B. Payment. City shall pay all undisputed invoice amounts within thirty (30) calendar days after receipt up to the maximum compensation set forth in Section 2 of this Agreement. City shall not withhold federal payroll, state payroll or other taxes, or other similar deductions, from payments made to Contractor. For all reimbursements authorized by this Agreement, Contractor shall provide receipts on all reimbursable expenses in excess of Fifty Dollars ($50) in such form as approved by the Finance Director. City agrees to a one and a half percent (1.5%) charge per month on any outstanding amounts not paid in full within thirty days of date of invoice.

C. Audit of Records. Contractor shall make all records, invoices, time cards, cost control sheets and other records maintained by Contractor in connection with this agreement available during Contractor’s regular working hours to City for review and audit by City. City shall provide reasonable notice to Contractor to make such records available.

5. Ownership of Documents. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed (“written products”) pursuant to this Agreement shall become the sole property of the City without restriction or limitation upon its use and may be used, reused, disseminated or otherwise disposed of by the City without the permission of the Contractor. With respect to computer files containing data generated for the work, Contractor shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. Contractor may take and retain copies of the written products as desired, but the written products shall not be the subject of a copyright application by Contractor. Notwithstanding the foregoing City recognizes that as professional in the janitorial services business Contractor has already created Proprietary Materials including but not limited to fliers, procedures, software, checklists, manuals, amongst others that may be used to provide the required janitorial services thus Contractor reserves the right to all such Proprietary Materials.

6. Independent Contractor.

A. Contractor is, and shall at all times remain as to City, a wholly independent contractor and not an employee of City. The personnel performing the services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor's exclusive direction and control. Contractor shall have no power to incur any debt, obligation, or liability on behalf of City. Neither City nor any of its agents shall have control over the conduct of Contractor or any of Contractor’s employees. Contractor shall not, at any

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12923-0001\1917425v3.doc
time, or in any manner, represent that it or any of its officers, agents or employees are in any manner employees of City. Contractor and Contractor’s personnel shall not supervise any of City’s employees; and City’s employees shall not supervise Contractor’s personnel. Contractor’s personnel shall not wear or display any City uniform, badge, identification number, or other information identifying such individual as an employee of City; and Contractor’s personnel shall not use any City e-mail address or City telephone number in the performance of any of the services under this Agreement. Contractor shall acquire and maintain, at its sole cost and expense, such vehicles, equipment, and supplies as Contractor’s personnel require to perform any of the services required by this Agreement.

B. No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for City. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. Contractor shall be responsible for and pay all wages, salaries, benefits and other amounts due to Contractor’s personnel in connection with their performance of the services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, other retirement or pension benefits, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. Notwithstanding any other agency, state, or federal policy, rule, regulation, statute or ordinance to the contrary, Contractor and any of its officers, employees, agents, and subcontractors providing any of the services under this Agreement shall not become entitled to, and hereby waive any claims to, any wages, salaries, compensation, benefit or any incident of employment by City, including, but not limited to, eligibility to enroll in, or reinstate to membership in, the California Public Employees Retirement System (“PERS”) as an employee of City, and entitlement to any contribution to be paid by City for employer contributions or employee contributions for PERS benefits.

7. PERS Compliance and Indemnification.

A. General Requirements. The Parties acknowledge that City is a local agency member of PERS, and as such has certain pension reporting and contribution obligations to PERS on behalf of qualifying employees. Contractor agrees that, in providing its employees and any other personnel to City to perform the services under this Agreement, Contractorshall assure compliance with the Public Employees’ Retirement Law, commencing at Government Code Section 20000, the regulations of PERS, and the Public Employees’ Pension Reform Act of 2013, as amended.

Without limitation to the foregoing, Contractor shall assure compliance with regard to personnel who have active or inactive membership in PERS and to those who are retired annuitants and in performing this Agreement shall not assign or utilize any of its personnel in a manner that will cause City to be in violation of the applicable retirement laws and regulations. .

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8. Confidentiality. All data, documents, discussion, or other information (collectively “data”) developed or received by Contractor or provided for performance of this Agreement are deemed confidential. Contractor shall keep all data confidential and shall not disclose any data to any person or entity without City’s prior written consent. City shall grant such consent if disclosure is legally required. Contractor shall return all data to City upon the expiration or termination of this Agreement. Contractor’s covenant under this Section 8 shall survive the expiration or termination of this Agreement.

9. Conflicts of Interest. Contractor and its officers, employees, associates and subcontractors, if any, shall comply with all conflict of interest statutes of the State of California applicable to Contractor’s services under this Agreement, including the Political Reform Act (Gov.

Code, § 81000 et seq.) and Government Code Section 1090. During the term of this Agreement, Contractor may perform similar services for other clients, but Contractor and its officers, employees, associates and subcontractors shall not, without the City Representative’s prior written approval, perform work for another person or entity for whom Contractor is not currently performing work that would require Contractor or one of its officers, employees, associates or subcontractors to abstain from a decision under this Agreement pursuant to a conflict of interest statute. Contractor shall incorporate a clause substantially similar to this Section 9 into any subcontract that Contractor executes in connection with the performance of this Agreement.

10. Indemnification.
1) By Contractor. Contractor hereby agrees to indemnify and hold harmless City and its shareholders, subsidiaries, affiliated entities, officers, directors, agents, employees, representatives and members (collectively the “City Indemnitees”) from and against any and all damages, losses, liabilities, causes of action, claims, lawsuits, counterclaims, judgments, demands, costs or expenses whatsoever, including without limitation attorney fees and court costs, (collectively the “Claims”) that may be sustained by or recovered against any of the City Indemnitees, as the result of (i) any negligent act or omission or willful misconduct of Contractor or any of its employees, subcontractors or agents, which are directly related to the services provided by Contractor’s and Contractor’s obligations under this Agreement, (ii) the breach or default of any of the covenants, agreements, terms, provisions, representations or warranties contained in this Agreement by Contractor, and (iii) the violation by Contractor of any federal, state, territorial or local law, rule, ordinance or regulation. 2) By City. City hereby agrees to indemnify and hold harmless Contractor and its shareholders, subsidiaries, affiliated entities, officers, directors, agents, employees, representatives and members (collectively the “Contractor Indemnitees”) from and against any and all Claims that may be sustained by or recovered against any of the Contractor Indemnitees, as the result of (i) any negligent act or omission or willful misconduct of City or any of its employees, subcontractors or agents, (ii) the breach or default of any of the covenants, agreements, terms, provisions, representations or warranties contained in this Agreement by City, and (iii) the violation by City of any federal, state, territorial or local law, rule, ordinance or regulation.

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3) Taxes and Other Costs. Contractor acknowledges that Contractor is responsible for all withholding, social security, self-employment, worker's compensation, unemployment compensation and all other employment taxes generally paid by an employer or an employee in connection with the employees that Contractor hires to provide the Scope of Services outlined herein. Contractor will not be treated by City as an employee for federal tax purposes.

City shall in no manner and for no purpose whatsoever, be responsible for any benefits, taxes or other conditions of employment or service for MasterCorp or any persons working for MasterCorp.
4)
B. Survival of Terms. Contractor’s indemnifications and obligations under this Section 10 shall extend for two (2) years after the expiration or termination of this Agreement.

11. Insurance.

A. Minimum Scope and Limits of Insurance. Contractor shall procure and at all times during the term of this Agreement carry, maintain, and keep in full force and effect, insurance as follows:
1) Commercial General Liability Insurance with a minimum limit of Two Million Dollars ($2,000,000) per occurrence for bodily injury, personal injury and property damage and a general aggregate limit of Two Million Dollars ($2,000,000) per project or location.

If Contractor is a limited liability company, the commercial general liability coverage shall be amended so that Contractor and its managers, affiliates, employees, agents and other persons necessary or incidental to its operation are insureds.
2) Automobile Liability Insurance for any owned, non-owned or hired vehicle used in connection with the performance of this Agreement with a combined single limit of Two Million Dollars ($2,000,000) per accident for bodily injury and property damage. If Contractor does not use any owned, non-owned or hired vehicles in the performance of services under this Agreement, Contractor shall obtain a non-owned auto endorsement to the Commercial General Liability policy required under Subparagraph A. 1) of this Section 11. 3) Workers’ Compensation Insurance as required by the State of California and Employer’s Liability Insurance with a minimum limit of One Million Dollars ($1,000,000) per accident for bodily injury or disease. If Contractor has no employees while performing services under this Agreement, workers’ compensation policy is not required, but Contractor shall provide an executed declaration that it has no employees.

B. Acceptability of Insurers. The insurance policies required under this Section 11 shall be issued by an insurer admitted to write insurance in the State of California with a rating of A:VII or better in the latest edition of the A.M. Best Insurance Rating Guide. Self insurance shall not be considered to comply with the insurance requirements under this Section 11.

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C. Additional Insured. The commercial general and automobile liability policies shall contain an endorsement naming the City, its officers, employees, agents and volunteers as additional insureds.

E. Consultant’s Waiver of Subrogation. The insurance policies required under this Section 11 shall not prohibit Consultant and Consultant’s employees, agents or subcontractors from waiving the right of subrogation prior to a loss. Consultant hereby waives all rights of subrogation against City.

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policies providing at least the same coverage. Consultant shall furnish such proof at least two (2) weeks prior to the expiration of the coverages.

J. Subcontractor Insurance Requirements. Consultant shall require each of its subcontractors that perform services under this Agreement to maintain insurance coverage that meets all of the requirements of this Section 11.

12. Mutual Cooperation.

A. City’s Cooperation. City shall provide Contractor with all pertinent data, documents and other requested information as is reasonably available for Contractor’s proper performance of the services required under this Agreement.

B. Contractor’s Cooperation. In the event any claim or action is brought against the City relating to Contractor’s performance or services rendered under this Agreement, Contractor shall render any reasonable assistance that City requires.

13. Records and Inspections. Contractor shall maintain full and accurate records with respect to all matters covered under this Agreement for a period of 1 (one) years. Upon reasonable notice Contractor shall, without charge, provide City with access to the records during normal business hours. City may examine and audit the records and make transcripts therefrom, and inspect all program data, documents, proceedings and activities.

14. Termination or Suspension of Agreement.

A. Right to Terminate or Suspend. City may terminate or suspend this Agreement at any time, at will, for any reason or no reason, after giving written notice to Contractor at least fifteen (15) calendar days before the termination or suspension is to be effective. Contractor may terminate this Agreement at any time, at will, for any reason or no reason, after giving written notice to City at least thirty (30) calendar days before the termination is to be effective.

B. Obligations upon Termination. Contractor shall cease all work under this Agreement on or before the effective date of termination specified in the notice of termination. In the event of City’s termination of this Agreement due to no fault or failure of performance by Contractor, City shall pay Contractor based on the percentage of work satisfactorily performed up to the effective date of termination. In no event shall Contractor be entitled to receive more than the amount that would be paid to Contractor for the full performance of the services required by this Agreement.

15. Force Majeure. The Parties shall not be liable for any failure to perform their obligations under this Agreement if the Party claiming force majeure presents reasonable evidence that such failure was due to strikes, lockouts, labor disputes, embargoes, acts of God, inability to obtain labor or materials or reasonable substitutes for labor or materials, governmental restrictions, governmental regulations, governmental controls, judicial orders, enemy or hostile governmental action, civil commotion, fire or other casualty, or other causes beyond the claiming Party's reasonable control and not due to any act of its own.

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16. Notices. Any notices, consents, requests, demands, bills, invoices, reports or other communications which either party may desire to give to the other party under this Agreement must be in writing and conclusively deemed effective: (a) on personal delivery, (b) on confirmed delivery by reputable document delivery service or courier service during Contractor’s and City's regular business hours, or (c) five business days after deposit in the United States mail, by first class mail, postage prepaid, and addressed to the party to be notified as set forth below:

If to City: If to Contractor:

Attn: Raymond Navera Lucia Nevarez
Covina Police Dept. 2440 W Mission Lane, Suite 3
444 N. Citrus Ave. Phoenix, AZ 85021
Covina, California 91723

17. Non-Discrimination and Equal Employment Opportunity. In the performance of this Agreement, Contractor shall not discriminate against any employee, subcontractor or applicant for employment because of race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information, sexual orientation or other basis prohibited by law.

Contractor will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment, without regard to their race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information or sexual orientation.

18. Prohibition of Assignment and Delegation. Contractor shall not assign any of its rights or delegate any of its duties under this Agreement, either in whole or in part, without City’s prior written consent. City’s consent to an assignment of rights under this Agreement shall not release Contractor from any of its obligations or alter any of its primary obligations to be performed under this Agreement. Any attempted assignment or delegation in violation of this Section 18 shall be void and of no effect and shall entitle City to terminate this Agreement. As used in this Section 18, “assignment” and “delegation” means any sale, gift, pledge, hypothecation, encumbrance or other transfer of all or any portion of the rights, obligations, or liabilities in or arising from this Agreement to any person or entity, whether by operation of law or otherwise, and regardless of the legal form of the transaction in which the attempted transfer occurs.

19. No Third Party Beneficiaries Intended. Except as otherwise provided in Section 10, this Agreement is made solely for the benefit of the Parties to this Agreement and their respective successors and assigns, and no other person or entity may have or acquire a right by virtue of this Agreement.

20. Waiver. No delay or omission to exercise any right, power or remedy accruing to the Parties under this Agreement shall impair any right, power or remedy of the Parties, nor shall it be construed as a waiver of, or consent to, any breach or default. No waiver of any breach, any failure of a condition, or any right or remedy under this Agreement shall be (1) effective unless it is in

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writing and signed by the party making the waiver, (2) deemed to be a waiver of, or consent to, any other breach, failure of a condition, or right or remedy, or (3) deemed to constitute a continuing waiver unless the writing expressly so states.

21. Exhibits. Exhibits A, and B constitute a part of this Agreement and are incorporated into this Agreement by this reference. If any inconsistency exists or arises between a provision of this Agreement and a provision of any exhibit, the provisions of this Agreement shall control.

22. Entire Agreement. This Agreement and all exhibits referred to in this Agreement constitute the final, complete and exclusive statement of the terms of the agreement between the Parties pertaining to the subject matter of this Agreement and supersede all other prior or contemporaneous oral or written understandings and agreements of the Parties. No party has been induced to enter into this Agreement by, nor is any party relying on, any representation or warranty except those expressly set forth in this Agreement.

23. Amendment of Agreement. This Agreement may be amended only by a writing signed by both Parties. The City Manager is authorized to sign an amendment to this Agreement on the City Council’s behalf and without the City Council’s prior approval to make the following nonsubstantive modifications to the Agreement: (a) name changes; (b) extensions of time; (c) nonmonetary changes in the scope of work; and (d) termination of the Agreement.

26. Time of the Essence. Time is of the essence in respect to all provisions of this Agreement that specify a time for performance; provided, however, that the foregoing shall not be construed to limit or deprive a Party of the benefits of any grace or use period allowed in this Agreement.

27. Governing Law and Choice of Forum. This Agreement, and any dispute arising from the relationship between the Parties to this Agreement, shall be governed by and construed in accordance with the laws of the State of California, except that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be applied in interpreting this Agreement. Any dispute that arises under or relates to this Agreement (whether contract, tort or both) shall be resolved in a municipal, superior or federal court with geographic jurisdiction over the City of Covina.

28. Attorneys’ Fees. In any litigation or other proceeding by which on party seeks to enforce its rights under this Agreement (whether in contract, tort or both) or seeks a declaration of any rights or obligations under this Agreement, the prevailing party shall be awarded reasonable attorneys’ fees together with any costs and expenses, to resolve the dispute and to enforce the final judgment.

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30. Authority to Execute Agreement. The person or persons executing this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder.
[SIGNATURE PAGE FOLLOWS]
The Parties, through their duly authorized representatives, are signing this Agreement on the date stated in the introductory clause.

City:

City of Covina,
a California municipal corporation
By:

Name:

Title:

ATTEST:

By:

Name: Georgianna Nicole Alvarez
Title: Chief Deputy City Clerk
APPROVED AS TO FORM:

By:

Name: Candice K. Lee
Title: City Attorney
Contractor:

MasterCorp Commercial Services
a Limited Liability Company
By:

Name:

Title:

By:

Name:

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EXHIBIT A

APPROVED FEE SCHEDULE
$3,926.67 per month
Additional On –Call Services:
• Machine scrub, strip and refinish VCT floors -.28psf
• Machine scrub ceramic floors - .18psf
• Shampoo clean carpet - .12psf
• Window washing
• Pressure Washing
• Power Sweeping
Note: Minimum charge of $350.00 per service
Price includes all equipment, materials, labor, insurance, 2021-2022 state and federal regulatory charges to complete day/night cleaning services All window washing, VCT floor and carpet care are on- call services. All consumable products will be provided by Covina Police Dept.

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EXHIBIT B

SCOPE OF SERVICES
Janitorial Service
Monday – Friday – 8:00pm-12:00am
Saturday – 1:00pm – 9:30pm

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CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. CC 22
Meeting: CC Regular Meeting - Jul 19 2022
Title: Professional Services Agreement with CEJ Engineers, Inc. for the Workman Avenue Street Rehabilitation Project
Presented By: Andy Bullington, Director of Public Works Rafael M. Fajardo, City Engineer
Recommendation: Authorize the City Manager to execute a Professional Services Agreement between the City of Covina and CEJ Engineers, Inc. in an amount not-to-exceed $49,900 for design and engineering services pertaining to the Workman Avenue Street Rehabilitation Project.

EXECUTIVE SUMMARY / BACKROUND:

As part of the City’s Fiscal Year 2022-2023 Capital Improvement Program, the City Council approved a project entitled “Workman Avenue Street Rehabilitation Project.” The project objective is to replace existing, worn-out pavement, sidewalk repairs, curb and gutter improvements, curb ramp construction and other appurtenances.

Project limits are approximately one-half mile long situated between Citrus Avenue and Hollenbeck Avenue.

DISCUSSION:

According to the most recent Pavement Management Program Report prepared for the City of Covina in 2020, the proposed street segment on West Workman Avenue has an average PCI (Pavement Condition Index) of 40.

The PCI is a condition rating that ranges from 100 (new pavement section or recently overlaid or reconstructed) to 0 for a section that has structurally failed and deteriorated dramatically. In order to achieve the most effective and optimum results for the City's Pavement Management Program, City staff recommends A/C overlays for PCI ranges between 20-60; thus, the proposed street segment is a good candidate for A/C overlays given the PCI of

40. Informal Request for Proposals (RFP) were solicited from three consultant firms for survey services. In response to the RFP, one proposal was received with the following result:

Rank Consultant Location Cost
1 CEJ Engineers, Inc. Walnut, CA $49,900
2 RSCC Engineers, Inc. Irwindale, CA No Response
3 Infrastructure Engineers Brea, CA No Response
Staff reviewed the proposal documents as well as the consultants’ background and recent projects for competency and responsiveness to the deliverables identified in the RFP. Staff determined that CEJ Engineers, Inc. is the successful, lowest bidder.

FISCAL IMPACT:

A total funding amount of $600,000 in Measure M and Sewer funds has been allocated within the City’s approved Fiscal Year 2022-2023 Capital Improvement Program Budget for project design pertaining to the Workman Street Rehabilitation Project.

Account Amount Account No.

Measure M $500,000 2420-2200-55310-P2307
Sewer $100,000 6300-2700-55310-P2307
Total $600,000
CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):

The project involves negligible or no expansion of an existing use.

ATTACHMENTS:

Attachment A - CEJ Engineers, Inc, Proposal
Attachment B - CEJ Engineers Inc, Professional Service Agreement Respectfully submitted,

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Engineers ● Surveyors ● Planners
18800 Amar Rd. Suite B13, Walnut CA., 91789 / 626-667-8675 July 5, 2022

CITY OF COVINA
Rafael Fajardo, P.E
City Engineer
125 East College Street
Covina, CA 91723
SUBJECT: PROPOSAL FOR PROFESSIONAL ENGINEERING SERVICES FOR

WORKMAN AVE STREET IMPROVEMENTS FROM CITRUS AVE TO

HOLLENBECK AVE
Dear Mr. Fajardo,
CEJ Engineers is pleased to have the opportunity to submit this proposal for professional engineering services related to the City’s Project. CEJ Engineers specializes in street improvement and public works projects. Our staff has extensive experience in preparing street construction plans, drainage studies, utility coordination, and preparing PS&E for various projects in accordance with local and regional standards and policies.

Our key personnel have more than 40 years of experience in working and communicating with a wide spectrum of relevant public agencies throughout Orange County and the Los Angeles County. CEJ’s personnel have provided professional consulting services to cities, special districts, and other governmental agencies within Southern California and Caltrans. CEJ is dedicated to professional quality and technical excellence through a proactive QA/QC program.

The CEJ team will provide services for the aspects required for this project as per the scope of work.

The following Exhibits are enclosed:
 Exhibit A – Scope of work
We believe the CEJ Team provides the right combination of experienced staff, project understanding, and local knowledge to successfully assist the City of Covina with Engineering Services. Please feel free to contact us to discuss any aspects of this proposal or to arrange for an interview at (626) 667-8675 or at jcervantes@cejeng.com.

Respectfully Submitted,
Joaquin Cervantes, P.E.

Principal
CEJ Engineers, Inc.
18800 Amar Rd., Suite B13
Walnut CA 91789

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ATTACHMENT A

WORKMAN AVE STREET IMPROVEMENTS FROM CITRUS AVE TO HOLLENBECK AVE Pg. 2
Scope of Work
The following tasks will give a detailed description of the professional services included in this Scope of Work and our Project Approach.

Project Management
The team management and close coordination with all parties involved in the project is critical to the successful completion of any project. CEJ takes pride in the high level of service we provide to our clients. Three key elements to successful project management include a Project Kick-off Meeting, and Project meetings.

Quality Control Approach
The primary and most important fundamental aspects to the execution of any construction contract is the adherence to an established Quality Assurance/Quality Control (QA/QC) plan. CEJ Joaquin Cervantes as QA/QC manager for all task orders. He has over 25 years of experience in management and oversight of public agency projects. These QA/QC procedures are implemented from initial scoping through agency review and approval. As the QA/QC manager, responsibilities will include the following:
• Review project scope, schedule, and budget after the kick-off meeting, • Review progress at critical stages of the project,
• Make technical suggestions,
• Provide management recommendations,
Project Understanding
CEJ conducted a field review of the subject site within the Project limits. The city wishes to prepare street, and sidewalk improvements per the exhibits provided by the City. The following describes the scope of work:

Construction Plans
Task 1 -PROJECT ADMINISTRATION AND COORDINATION
Kick-off Meeting – CEJ will conduct a kick-off meeting with the City staff to review the scope of the project and to develop a project schedule and confirm deliverable dates and deadlines.

Task 2- TOPOGRAPHIC SURVEYING

1.1 Perform topographic survey for the improvements as shown above for the subject project. CEJ will establish horizontal and vertical ground control necessary to produce a 1”=20’ scale digital topographic map.

1.2 CEJ will establish existing and proposed controls for the project limits. Elevations will be based on the Los Angeles County Department of Public Works (LACDPW).

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ATTACHMENT A

WORKMAN AVE STREET IMPROVEMENTS FROM CITRUS AVE TO HOLLENBECK AVE Pg. 3

1.3 We will provide a topographic map showing detailed survey at 1”=20’ scale using AutoCAD on 24” X 36” sheets. The map will show all existing conditions, will identify all features including the following:
a. All utilities within the limits of this survey.
b. All easements of record within the City, if applicable. c. Location and description of existing facilities, lighting, irrigation valves, etc. d. Existing ramps, walls, sidewalk, curb.

Task 3- STREET IMPROVEMENTS PLANS
CEJ will provide clear, concise, and complete drawings with Latest version of AutoCAD and Civil3D software.

The design will be plotted using permanent drafting ink on Mylar, and drafted on twenty-four inch by thirtysix inch (24”x36”) Mylar sheets. The plans will be prepared under the supervision of a Civil Engineer registered in the state of California who will sign the final plans. The original drawings and the electronic data of these drawings will be submitted to the City, along with a CD in AutoCAD format upon completion.

The existing asphalt concrete pavement is in fair to bad condition with cracking in few areas. We proposed a grind and overlay pavement section. Additional concrete improvements may include the installation of handicap ramps, sidewalk replacing and asphalt pavement patching.

Plan components will include the following:
• Title Sheet and Location Map.
• Street Improvement Plans.
• Curb ramp design

Task 4- SIGNING AND STRIPING PLANS
CEJ will prepare Signing and Striping Plans for each project segment. Signing and Striping will be prepared and replaced in kind and in accordance with the latest edition of the Caltrans Standard Plans and the MUTCD.

Plan components will include the following:
• Striping Plan and Details.
• Signing Plan
Task 5- ENGINEERS ESTIMATE
CEJ will prepare and submit a final construction cost estimate. Preliminary construction estimates will be updated monthly and will be submitted to the city as design work progresses. CEJ will prepare a final detailed engineer's estimate prepared in Microsoft Excel spreadsheet format that includes the bid items described within the contract specifications. The estimate will be based upon recent bid prices for similar projects as maintained by CEJ and Caltrans. Backup quantity calculations will be provided showing detailed computations for accuracy of the quantities upon request. CEJ will address all comments and obtain final design approval from the City of Covina.

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ATTACHMENT A

WORKMAN AVE STREET IMPROVEMENTS FROM CITRUS AVE TO HOLLENBECK AVE Pg. 4
Task 6-SPECIFICATIONS
CEJ will use the City provided “Boiler Plate” and prepare the project’s contract specifications using the latest edition of the Greenbook (Standard Specifications for Public Works Construction). The City will provide a copy of a sample specification for reference. The technical portion of the Caltrans Standard Specifications will be used for the striping and loop detectors. Complete project contract documents and special provisions in a format consistent with current City projects and in conformance with State and Federal guidelines. A copy of the construction contract agreement will be furnished by the City.

Project Submittals
The plans will include the City of Covina title blocks and signed by a Civil Engineer registered in the state of California. Review submittals will be half size (11” x 17”); five copies. An electronic copy (PDF format) will also be submitted.

The 90% and 100% Final submittals.
100% Final Submittal Material will include the following item:
• Final Contract Plan Submittal – On Mylar and stamped by the Civil Engineer Final plans, specifications, and estimates will be provided on “D” size Mylar, three sets of copy’s and in electronic format to the City on a CD and PDF version.

Proposed Fee
Proposed lump sum fee to not exceed $49,900.00

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ATTACHMENT A

WORKMAN AVE STREET IMPROVEMENTS FROM CITRUS AVE TO HOLLENBECK AVE Pg. 5
CLIENT: City of Covina CEJ Engineers Inc
PROJ: Workman Ave
JOB NO: Citrus to Hollenbeck SUMMARY PROPOSAL FEE
DATE: 07/05/22
LABOR Task 1 PROJECT MANAGEMENT
Class Position/Name Hours Rate Subtotal
B Project Manager 48 $190 $9,120
Subtotal $9,120
LABOR Task 2 SURVEYING AND TOPOGRAPHIC MAPPING
B Two man Crew 8 $220 $1,760
CADD Designer / Surveying assintan 40 $130 $5,200
Subtotal $6,960
LABOR Task 3 STREET IMPROVEMENT PLANS
B Senior Project Engineer 48 $180 $8,640
B CADD Designer / Technician 122 $110 $13,420
Subtotal $22,060
LABOR Task 4 SIGNING AND STRIPING PLANS
B Senior Project Engineer 9 $180 $1,620
B CADD Designer / Technician 26 $110 $2,860
Subtotal $4,480
LABOR Task 5 ENGINEERS ESTIMATE
B Senior Project Engineer 8 $180 $1,440
B CADD Designer / Technician 22 $110 $2,420
Subtotal $3,860
LABOR Task 6 SPECIFICATIONS
B Senior Project Engineer 8 $180 $1,440
B Technician 18 $110 $1,980
Subtotal $3,420

PROPOSED FEE
PROPOSED FEE: $49,900
Proposal By / Project Manager: Joaquin Cervantes, P.E

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ATTACHMENT A

WORKMAN AVE STREET IMPROVEMENTS FROM CITRUS AVE TO HOLLENBECK AVE Pg. 6 Page 8 of 24

ATTACHMENT A

PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement (“Agreement”) is dated July 19, 2022 (“Effective Date”) and is between the City of Covina, a California municipal corporation (“City”) and CEJ Engineers, Inc., a California corporation (“Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

RECITALS
A. City desires to utilize the services of Consultant as an independent contractor to provide professional engineering services for the design of the Workman Street Improvements Project from Citrus Avenue to Hollenbeck Avenue.

B. 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.

C. City desires to retain Consultant and Consultant desires to serve City to perform these services in accordance with the terms and conditions of this Agreement.

The parties therefore agree as follows:

2. Compensation.

A. Compensation. As full compensation for Consultant’s services provided under this Agreement, City shall pay Consultant a sum not to exceed Forty-Nine Thousand Nine Hundred Dollars ($49,900) (the “maximum compensation”), based on the hourly rates set forth in the Approved Fee Schedule, attached hereto as Exhibit A. Any terms in Exhibit A, other than the payment rates and schedule of payment, are null and void.

B. Expenses. The amount set forth in paragraph A shall include reimbursement for all actual and necessary expenditures reasonably incurred in the performance of this Agreement.

3. Consultant’s Services.

A. Scope of Services. Consultant shall perform the services described in the Scope of Services, attached as Exhibit B. City may request, in writing, changes in the scope of services to

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be performed. Any changes mutually agreed upon by the parties, and any increase or decrease in compensation, shall be incorporated by written amendments to this Agreement.

B. Party Representatives. For the purposes of this Agreement, the City Representative shall be the City Manager, or such other person designated in writing by the City Manager (the “City Representative”). For the purposes of this Agreement, the Consultant Representative shall be Joaquin Cervantes, Principal (the “Consultant Representative”). The Consultant Representative shall directly manage Consultant’s services under this Agreement. Consultant shall not change the Consultant Representative without City’s prior written consent.

F. Compliance with Laws. The Consultant shall keep itself informed of all local, state and federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City and its agents shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. This Agreement may call for services that, in whole or in part, constitute “public works,” as defined in the California Labor Code. Therefore, as to those services that may be “public works”, including Professional engineering services. Consultant shall comply in all respects with all applicable provisions of the California Labor Code, including those set forth in Exhibit C.

4. Method of Payment.

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B. Payment. City shall pay all undisputed invoice amounts within thirty (30) calendar days after receipt up to the maximum compensation set forth in Section 2 of this Agreement. City shall not withhold federal payroll, state payroll or other taxes, or other similar deductions, from payments made to Consultant. For all reimbursements authorized by this Agreement, Consultant shall provide receipts on all reimbursable expenses in excess of Fifty Dollars ($50) in such form as approved by the Finance Director.

6. Independent Contractor.

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B. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. Consultant shall be responsible for and pay all wages, salaries, benefits and other amounts due to Consultant’s personnel in connection with their performance of the services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, other retirement or pension benefits, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. Notwithstanding any other agency, state, or federal policy, rule, regulation, statute or ordinance to the contrary, Consultant and any of its officers, employees, agents, and subcontractors providing any of the services under this Agreement shall not become entitled to, and hereby waive any claims to, any wages, salaries, compensation, benefit or any incident of employment by City, including, but not limited to, eligibility to enroll in, or reinstate to membership in, the California Public Employees Retirement System (“PERS”) as an employee of City, and entitlement to any contribution to be paid by City for employer contributions or employee contributions for PERS benefits.

7. PERS Compliance and Indemnification.

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Consultant’s violation of any provisions of this Section 7. This duty of indemnification is in addition to Consultant’s duty to defend, indemnify, and hold harmless as set forth in any other provision of this Agreement.

10. Indemnification.

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or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant, its officers, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Claims arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the parties. Consultant shall defend the Indemnitees in any action or actions filed in connection with any Claim with counsel of the Indemnitees’ choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs actually incurred in connection with such defense. Consultant shall reimburse the Indemnitees for any and all legal expenses and costs incurred by the Indemnitees in connection therewith.
2) Consultant shall pay all required taxes on amounts paid to Consultant under this Agreement, and indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Consultant shall fully comply with the workers’ compensation law regarding Consultant and Consultant’s employees. Consultant shall indemnify and hold City harmless from any failure of Consultant to comply with applicable workers’ compensation laws.

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E. Survival of Terms. The indemnification in this Section 10 shall survive the expiration or termination of this Agreement.

11. Insurance.

C. Additional Insured. The commercial general and automobile liability policies shall contain an endorsement naming the City, its officers, employees, agents and volunteers as additional insureds.

E. Consultant’s Waiver of Subrogation. The insurance policies required under this Section 11 shall not prohibit Consultant and Consultant’s employees, agents or subcontractors

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from waiving the right of subrogation prior to a loss. Consultant hereby waives all rights of subrogation against City.

12. Mutual Cooperation.

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B. Consultant’s Cooperation. In the event any claim or action is brought against the City relating to Consultant’s performance or services rendered under this Agreement, Consultant shall render any reasonable assistance that City requires.

14. Termination or Suspension of Agreement.

If to City: If to Consultant:

Attn: Public Works, Engineering Attn: Joaquin Cervantes City of Covina CEJ Engineers Inc
125 E. College Street 18800 Amar Rd, Suite B13
Covina, California 91723 Walnut, CA 91789

17. Non-Discrimination and Equal Employment Opportunity. In the performance of this Agreement, Consultant shall not discriminate against any employee, subcontractor or applicant for

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employment because of race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information, sexual orientation or other basis prohibited by law.

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The parties, through their duly authorized representatives, are signing this Agreement on the date stated in the introductory clause.

City:

City of Covina,
a California municipal corporation
By:

Name: Christopher Marcarello
Title: City Manager
ATTEST:

By:

Name: Evelyn Leach
Title: Interim Chief Deputy City Clerk
Consultant:

CEJ Engineers, Inc.
a California corporation
By:

Name:

Title:

By:

Name:

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EXHIBIT A

APPROVED FEE SCHEDULE

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EXHIBIT B

SCOPE OF SERVICES

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EXHIBIT C

4. Pursuant to California Labor Code Section 1771.4, Consultant’s services are subject to compliance monitoring and enforcement by the Department of Industrial Relations.

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worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the California Labor Code.

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CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. CC 23
Meeting: CC Regular Meeting - Jul 19 2022
Title: Police Department Locker Room Renovation Project – Award of Contract for Design Services to EC+Associates Engineering, Inc. in the Amount of $98,870 Presented By: Andy Bullington, Director of Public Works Rafael M. Fajardo, City Engineer
Recommendation: Award a Contract for the Police Department Locker Room Renovation Project for design services to EC+Associates Engineering as the lowest responsive bidder in the amount of $98,870 and authorize the City Manager to execute the Contract.

EXECUTIVE SUMMARY / BACKROUND:

As part of the City’s Fiscal Year 2022-2023 Capital Improvement Program, the City Council approved the "Police Department Locker Room Renovation Project – Design Phase," which consists of design services for the construction of new women's and men's locker rooms, showers, and other appurtenances at the Covina Police Department Headquarters.

DISCUSSION:

After conducting a condition assessment of the existing Police Department locker room area, City staff identified that existing locker rooms are in poor condition, lack a sufficient number of available lockers in the women's area and existing shower rooms are substandard. The current plumbing system is also in poor condition as leaks appear periodically and, as a result, certain sections of the ceiling have been damaged.

Informal Requests for Proposals (RFP) for design services in preparation for the subsequent construction of new locker room areas were disseminated and proposals were received with the following results:

Rank Consultant Location Amount
1 EC+Associates Engineering, Inc. Downey, CA $98,870
2 CEJ Engineers, Inc. Walnut, CA $115,000
3 RSCC Engineering, Inc. Irwindale, CA No Response
Staff reviewed all proposal documents as well as the consultants’ background and recently completed projects for competency and responsiveness to the deliverables identified in the RFP. Staff determined that EC+Associates Engineering, Inc. is the successful lowest, responsive and responsible bidder.

FISCAL IMPACT:

A total funding amount of $100,000 (Account 7020-6100-55100-F2301) from the Building Maintenance has been allocated within the City’s approved Fiscal Year 2022-2023 Capital Improvement Program Budget for the Police Department Locker Room Renovation Project.

CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):

The project involves negligible or no expansion of an existing use.

ATTACHMENTS:

Attachment A - EC + Associates, Professional Service Agreement Attachment B - EC + Associates Engineering, Professional Service Agreement Respectfully submitted,

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Project: Police Station – Locker Room and Restroom
Please initial here: _______
EC + Associates Engineering, Inc.
www.ecaengineering.com
1412 Espanol Ave. Montebello, CA 90640 P: 562 708 3586
Confirmation of Agreement for
Providing Professional Services
Date: July 7, 2022
Client: City Of Covina
Rafael M. Fajardo, P.E., City Engineer
Department of Public Works
125 East College St.

Covina, CA 91723
Subject: Police Station – Locker Room and Restroom – As-Builts 444 Citrus Ave
Covina, CA 91723

Dear Rafael;
We are pleased to submit the following proposal covering the performance of structural design services in connection with the above subject project.

The terms 'Engineer', 'He', and 'His' throughout this document refer to ‘EC and Associates Engineering, Inc.'.

For the consideration hereafter set forth, Engineer agrees to provide the following services:

Scope of Work:

Site Visit – job site. Field Measure existing site layout, confirm measurements.

Prepare existing architectural plans of existing locker room and restroom areas at police station.

Prepare proposed floor plans with new layout, per city meeting and requirements.

Prepare architectural set of plans.

Prepare structural set of plans.

Prepare MEP set of plans.

Address plan check comments.

Renderings of both locker room areas
Design Development and Construction Documents for above scope of work.

Services Offered
We offer the following services with the corresponding fee preceding:

$ 98,870.00 Architectural, Structural and MEP Plans.

$ 98,870.00 Total
Not included in the above services (unless specifically stated) are Title –24 Energy Compliance, Structural Observation, Soils Investigations, Engineering Surveys, or Specialty Consultants (such as Civil and/or Geotechnical Engineers, Surveyors, etc.) Construction administration is not included in fee above, EC and Associates Engineering, Inc, can prepare a additional proposal if required. No city, and/or permit fee’s are included in fee above.

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ATTACHMENT A
Project: Police Station – Locker Room and Restroom
Please initial here: _______
EC + Associates Engineering, Inc.
www.ecaengineering.com
1412 Espanol Ave. Montebello, CA 90640 P: 562 708 3586
Fee Data
Our compensation for providing the above services, for the mutually agreed fee of $98,870.00 will be due:

On a monthly bases, based on percentage completed.

Any significant changes (increase or decrease) in square footage area or configuration data cited under “Scope of Work” will cause the fee to be adjusted proportionately, as mutually agreed upon between the Client and Engineer.

Client agrees that any work resulting from changes to the plans made after the date indicated on ”Services Offered” shall be deemed extra work and shall be paid by Client according to Engineer’s standard fee schedule.

The fee quoted under ”Services Offered” does not include any fees to be paid to the city and to any other professionals, such as a surveyor, soil engineer and any other city or county department’s clearances, public hearings, expediting, title 24 energy calculations etc. Time spent on these services will be charged extra, if needed.

Site improvements outside the structure, checking shop drawings by others, steel stair design, temporary shoring and designing field changes are not included in the fee quoted on ”Services Offered”, but can be requested by owner or agent to be additionally provided at the applicable hourly rate indicated in the Standard fee schedule below.

As-built structural information of all existing structural elements shall be provided by the client prior to commencing the design. The flat fee of this agreement does not include any cost or time to be spent to obtain such information.

If Client needs services beyond the scope of this contract, Engineer may require further written authorization from Client to carry out additional work either in form of a signed Request for Additional Engineering or as an additional Proposal and Contract for engineering services.

Client may terminate the Agreement at any time by sending a written notice to the Engineer. Client is responsible to pay for all work performed until the time of termination or the total balance remaining on the project, whichever is smaller. The value of work hours is calculated using Engineer’s standard fee schedule.

In addition, Client is required to pay for any out-of-pocket and reimbursable expenses spent on the project.

All such payments become due at the time of the termination.

Standard Fee Schedule
Principal $250.00 per hour
Project Engineer $175.00 per hour
Design Draftsmen $100.00 per hour
Office Administrator $ 40.00 per hour
Reimbursable Expenses Cost + 25%
Mileage 75 cents per mile
Requested Plotting performed in-house $ 5.00 per sheet
These hourly fees are valid for the current calendar year only. Reimbursable and out-of-pocket expenses, i.e., digital copies, messenger fees, permit fees, etc., will be charged as applicable.

Engineer shall not release plans or calculations without receipt of second payment. Client agrees to pay a late fee computed at 10% premium on any unpaid balance, unpaid 30 days after the date of Engineer's original invoice. The fee is due and payable whenever plans and calculations are ready for first submission, whether or not the Client applied for, or received, a building permit. Engineering includes minimum code requirements, detailing and specifications necessary to pass governmental review and to obtain a building permit only. If changes to the original plans are necessary due to requirements of the Building and Safety, inspector, contractor, or the design professionals prior to construction, causing an increase in the construction budget, these changes shall not be treated as damages, but rather as value added items, which would have increased the construction cost if they were included in the original plans. Client relieves Eduardo J. Carrillo personally and EC And Associates Engineering, Inc. as a company, for any and all responsibilities and liabilities associated with architectural services in connection with the project mentioned above, even if Eduardo J. Carrillo’s engineering stamp and signature may appear on the plans. Eduardo J.

Carrillo personally and EC And Associates Engineering, Inc., are responsible for the structural engineering part of the design only. Client and Engineer incorporate herein, make a part hereof, and agree to be bound by the standard provisions of this agreement.

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1. The Client binds himself, his partners, successors, executors, administrators, and assigns to the Engineer to this agreement with respect to all of the terms and conditions of this agreement.

2. The Client shall pay the costs of checking and inspection fees, zoning and annexation application fees, assessment fees, soils engineering fees, soils testing fees and all other fees, permits, bond premiums, title company charges, blueprints and reproductions and all other charges not specifically covered by the terms of this agreement.

3. All tracing, survey notes and other original documents as instruments of service remain the property of the Engineer, except where by law or precedent these documents become public property. The Client agrees to waive any and all claims against the Engineer and to defend, indemnify and hold the Engineer harmless from and against any and all claims, losses, liabilities and damages arising out of or resulting from the unauthorized use, reuse or alteration of the Engineer’s design, drawings and specifications.

4.Should litigation be necessary to enforce any term or provision of this agreement, or to collect any portion of the amount payable under this agreement, then all litigation and collection expenses, witness fees, court costs, and attorney's fees shall be paid to the prevailing party.

5.In the event all or any portion of the work prepared or partially prepared by the Engineer should be suspended, abandoned, or terminated, Client shall pay Engineer for the work performed on an hourly basis as stated hereon. The hourly compensation to Engineer calculated here under shall not exceed the maximum contract price agreed upon between the parties.

6.In the event that Client institutes a suit against Engineer because of any failure or alleged failure to perform, error, omission or negligence, and if such suit is not successfully prosecuted, or if it is dismissed, or if verdict is rendered for Engineer, Client agrees to pay Engineer any and all costs of defense, including attorney’s fees and court costs and any and all other expenses of defense which may be necessary, immediately following dismissal of the case or immediately upon verdict being rendered in behalf of Engineer.

7.Neither the Client nor Engineer shall assign his interest in this agreement to a third party without the written consent of the other.

8. No conditions or representations, altering, detracting from, or adding to the terms hereof shall be valid unless printed or written hereon or evidenced in writing by either party to this agreement and accepted in writing by the other.

9. Engineer shall not be responsible for damages or be in default or be deemed to be in default by reason of delays in performance, by reason of strikes, lockouts, accidents, acts of God, and other delays unavoidable or beyond Engineer’s reasonable control, or due to shortages or unavailability of labor at established area wage rate or delays caused by failure of Client or Client’s agents to furnish information or to approve or disapprove Engineer’s work promptly, or due to late, slow, or faulty performance by Client, other contractors, or governmental agencies, the performance of whose work is precedent to or concurrent with the performance of Engineer’s work. In the case of the happening of any such cause of delay, the time of completion shall be extended accordingly.

10. In the event that litigation be instituted under the terms and conditions of this agreement, the same is to be brought and tried in judicial jurisdiction of the court of the county in which the Engineer’s principal place of business is located and Client waives the right to have suit brought, or tried in, or removed to any other county or jurisdiction.

11. Engineer does not guarantee the quality of performance by the construction contractor or contractors, or other third parties, nor is he responsible for their acts or omissions.

12. Engineer makes no warranty, whether expressed or implied, as to its findings, recommendations, specifications, or professional advice except that these were promulgated after being prepared in accordance with generally accepted engineering practices and under the direction of registered professional engineers.

13. Engineer makes no representations concerning soil conditions unless specifically included in writing in this agreement, and he is not responsible for any liability that may arise out of the making or failure to make soil surveys, or sub-surface soil tests, or general soil testing.

14. In the event that any changes are made in the plans and specification by the Client or persons other than the Engineer, which affects the Engineer’s work, any and all liability arising out of such changes is waived as against the Engineer and the Client assumes full responsibility for such changes unless Client has given Engineer prior notice and has received from Engineer written consent for such changes.

15. The Engineer is not responsible, and liability is waived by Client as against Engineer, for use by Client or any other person of any plans or drawings not signed by Engineer.

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16. The Client agrees that in accordance with generally accepted construction practices, the construction contractor will be required to assume sole and complete responsibility for job site conditions during the course of construction of the project, including safety of all persons and property; that this requirement shall be made to apply continuously and not be limited to normal working hours; and the Client further agrees to defend, indemnify and hold the Engineer harmless from any and all liability, real or alleged, in connection with the performance of work on this project, excepting liability arising from the sole negligence of the Engineer.

17.The client agrees to limit the engineers Liability to the client and to all contractors and subcontracts on the project, due to professional negligent acts, errors or omissions of the Engineer to the sum of $50,000 or the Engineers fee, whichever is greater.

18. The terms and provisions of this agreement shall not be construed to alter, waiver, or affect any lien or stop notice rights, which the Engineer may have for the performance of engineering services under this agreement.

19. In the event Client fails to pay Engineer promptly or within sixty (60) days after invoices are rendered, then Client agrees that Engineer shall have the right to consider said default a total breach of this agreement and the duties of the Engineer under this agreement terminated. In such event, Client shall then promptly pay Engineer for all of the fees, charges and services performed by Engineer based on an hourly rate as stated above.

20. There are no understandings or agreements except as herein expressly stated.

21. This proposal is valid for thirty (30) days only, unless signed and retainer is paid.

22. The Engineer’s services shall be performed in a manner consistent with the degree of skill and care ordinarily exercised by practicing design professionals performing similar services in the same location, at the same site and under the same or similar circumstances and conditions. The Engineer makes no other representations or warranties, whether expressed or implied, with respect to the services rendered hereunder.

In witness whereof, the parties have accepted, made and executed this Agreement on the terms, conditions and provisions stated above in this Proposal and Agreement, on the following day and date:

Respectfully submitted, Client:

EC AND ASSOCIATES ENGINEERING, INC.

NAME: __________________________

SIGNATURE: _______________________
____________________
Eduardo J. Carrillo
Authorized representative Date: ___________________________ Date: 7/7/2022
cc: File
Additional Agreements:
 Structural Observation and/or field visits (if required) at $500.00/visit. The structural observation fee will be due and collected at every visit at the time of service. Non-approved structural observations have to be revisited until approved.

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ATTACHMENT A

PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement (“Agreement”) is dated July 19, 2022 (“Effective Date”) and is between the City of Covina, a California municipal corporation (“City”) and EC + Associates Engineering, a California corporation (“Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

RECITALS
A. City desires to utilize the services of Consultant as an independent contractor to provide structural design services for the Police Department Locker Room Renovation Project.

B. 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.

C. City desires to retain Consultant and Consultant desires to serve City to perform these services in accordance with the terms and conditions of this Agreement.

The parties therefore agree as follows:

2. Compensation.

A. Compensation. As full compensation for Consultant’s services provided under this Agreement, City shall pay Consultant a sum not to exceed Ninety-Eight Thousand Eight Hundred Seventy Dollars ($98,870) (the “maximum compensation”), based on the hourly rates set forth in the Approved Fee Schedule, attached hereto as Exhibit A. Any terms in Exhibit A, other than the payment rates and schedule of payment, are null and void.

B. Expenses. The amount set forth in paragraph A shall include reimbursement for all actual and necessary expenditures reasonably incurred in the performance of this Agreement.

3. Consultant’s Services.

A. Scope of Services. Consultant shall perform the services described in the Scope of Services, attached as Exhibit B. City may request, in writing, changes in the scope of services to be performed. Any changes mutually agreed upon by the parties, and any increase or decrease in compensation, shall be incorporated by written amendments to this Agreement.

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ATTACHMENT B
B. Party Representatives. For the purposes of this Agreement, the City Representative shall be the City Manager, or such other person designated in writing by the City Manager (the “City Representative”). For the purposes of this Agreement, the Consultant Representative shall be Eduardo Carrillo, Owner (the “Consultant Representative”). The Consultant Representative shall directly manage Consultant’s services under this Agreement. Consultant shall not change the Consultant Representative without City’s prior written consent.

4. Method of Payment.

B. Payment. City shall pay all undisputed invoice amounts within thirty (30) calendar days after receipt up to the maximum compensation set forth in Section 2 of this Agreement. City

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ATTACHMENT B
shall not withhold federal payroll, state payroll or other taxes, or other similar deductions, from payments made to Consultant. For all reimbursements authorized by this Agreement, Consultant shall provide receipts on all reimbursable expenses in excess of Fifty Dollars ($50) in such form as approved by the Finance Director.

6. Independent Contractor.

Page 9 of 22 ends

ATTACHMENT B
services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. Consultant shall be responsible for and pay all wages, salaries, benefits and other amounts due to Consultant’s personnel in connection with their performance of the services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, other retirement or pension benefits, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. Notwithstanding any other agency, state, or federal policy, rule, regulation, statute or ordinance to the contrary, Consultant and any of its officers, employees, agents, and subcontractors providing any of the services under this Agreement shall not become entitled to, and hereby waive any claims to, any wages, salaries, compensation, benefit or any incident of employment by City, including, but not limited to, eligibility to enroll in, or reinstate to membership in, the California Public Employees Retirement System (“PERS”) as an employee of City, and entitlement to any contribution to be paid by City for employer contributions or employee contributions for PERS benefits.

7. PERS Compliance and Indemnification.

B. Indemnification. Consultant shall defend (with legal counsel approved by City, whose approval shall not be unreasonably withheld), indemnify, and hold harmless City, and its City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs, and expenses of any nature to the extent arising from, caused by, or relating to Consultant’s violation of any provisions of this Section 7. This duty of indemnification is in addition to Consultant’s duty to defend, indemnify, and hold harmless as set forth in any other provision of this Agreement.

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ATTACHMENT B

10. Indemnification.

B. Other Indemnities.
1) Other than in the performance of design professional services, and to the fullest extent permitted by law, Consultant shall, at its sole cost and expense, defend, hold harmless and indemnify the Indemnitees from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, liens and losses of any nature whatsoever, including fees of accountants, attorneys or other professionals, and all costs associated therewith, and the payment of all consequential damages (collectively “Claims”), in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant, its officers, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of this

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ATTACHMENT B
Agreement, including the Indemnitees’ active or passive negligence, except for Claims arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the parties. Consultant shall defend the Indemnitees in any action or actions filed in connection with any Claim with counsel of the Indemnitees’ choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs actually incurred in connection with such defense. Consultant shall reimburse the Indemnitees for any and all legal expenses and costs incurred by the Indemnitees in connection therewith.
2) Consultant shall pay all required taxes on amounts paid to Consultant under this Agreement, and indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Consultant shall fully comply with the workers’ compensation law regarding Consultant and Consultant’s employees. Consultant shall indemnify and hold City harmless from any failure of Consultant to comply with applicable workers’ compensation laws.

E. Survival of Terms. The indemnification in this Section 10 shall survive the expiration or termination of this Agreement.

11. Insurance.

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ATTACHMENT B
A. Minimum Scope and Limits of Insurance. Consultant shall procure and at all times during the term of this Agreement carry, maintain, and keep in full force and effect, insurance as follows:
1) Commercial General Liability Insurance with a minimum limit of Two Million Dollars ($2,000,000) per occurrence for bodily injury, personal injury and property damage and a general aggregate limit of Two Million Dollars ($2,000,000) per project or location.

C. Additional Insured. The commercial general and automobile liability policies shall contain an endorsement naming the City, its officers, employees, agents and volunteers as additional insureds.

F. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be approved by City. At City’s option, Consultant shall either reduce or eliminate

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ATTACHMENT B
the deductibles or self-insured retentions with respect to City, or Consultant shall procure a bond guaranteeing payment of losses and expenses.

12. Mutual Cooperation.

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ATTACHMENT B

14. Termination or Suspension of Agreement.

If to City: If to Consultant:

Attn: Public Works, Engineering Attn: Eduardo Carrillo
City of Covina EC + Associates Engineering
125 E. College Street 1412 Espanol Ave
Covina, California 91723 Montebello, CA 90640

17. Non-Discrimination and Equal Employment Opportunity. In the performance of this Agreement, Consultant shall not discriminate against any employee, subcontractor or applicant for employment because of race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information, sexual orientation or other basis prohibited by law.

Consultant will take affirmative action to ensure that subcontractors and applicants are employed,

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ATTACHMENT B
and that employees are treated during employment, without regard to their race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information or sexual orientation.

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ATTACHMENT B

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ATTACHMENT B
The parties, through their duly authorized representatives, are signing this Agreement on the date stated in the introductory clause.

City:

City of Covina,
a California municipal corporation
By:

Name: Christopher Marcarello
Title: City Manager
ATTEST:

By:

Name: Evelyn Leach
Title: Interim Chief Deputy City Clerk
Consultant:

EC + Associates Engineering
a California corporation
By:

Name:

Title:

By:

Name:

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ATTACHMENT B

EXHIBIT A

APPROVED FEE SCHEDULE

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ATTACHMENT B

EXHIBIT B

SCOPE OF SERVICES

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ATTACHMENT B

EXHIBIT C

4. Pursuant to California Labor Code Section 1771.4, Consultant’s services are subject to compliance monitoring and enforcement by the Department of Industrial Relations.

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ATTACHMENT B
CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. CC 24
Meeting: CC Regular Meeting - Jul 19 2022
Title: Request to Cancel the Regular City Council Meeting of August 2, 2022 Presented By: Chris Marcarello, City Manager
Recommendation: That City Council consider canceling the regular scheduled City Council Meeting of August 2, 2022.

DISCUSSION:

The City Council has the legal authority to establish meeting dates and times and to cancel or reschedule such meetings with proper and timely public notice. Due to an anticipated lack of quorum, staff is recommending that City Council cancel the meeting on August 2, 2022, and direct the City Clerk's Office to post the required notice of cancellation.

FISCAL IMPACT:

None.

CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):

Not applicable.

Respectfully submitted,

CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. CC 25
Meeting: CC Regular Meeting - Jul 19 2022
Title: Designation of Voting Delegate and Alternates for the League of California Cities Annual Conference which Includes the Annual Business Meeting - September 7-9, 2022 Presented By: Angel Carrillo, Deputy City Manager
Recommendation: 1. Designate Mayor Pro Tem Walt Allen, III, as the voting delegate and Mayor Patricia Cortez as the alternate to represent the City at the Annual Business Meeting of the League of California Cities General Assembly; and

2. Direct the Deputy City Clerk to submit the required "Voting Delegate Form" to the League's Sacramento Office no later than September 2, 2022.

EXECUTIVE SUMMARY / BACKROUND:

The League of California Cities holds an Annual Conference. This year, the Annual Conference is scheduled for September 7-9, 2022, in Sacramento. An important part of the Annual Conference is the Annual Business Meeting, scheduled to be held on September 9, 2022. At this meeting, the League membership considers and takes action on resolutions that establish League Policy. The City is requested to select a delegate and alternate to vote on the City's behalf at this meeting.

DISCUSSION:

In order to vote at the Annual Business Meeting, the City Council must designate one voting delegate. In the event that the designated voting delegate is unable to serve in that capacity, the City may appoint up to two alternate voting delegates.

Mayor Pro Tem Walter Allen, III, and Mayor Patricia Cortez currently serve as the delegate and alternate to the Los Angeles Division of the League of California Cities and Mayor Pro Tem Allen, also serves on the League's Public Safety Policy Committee. The Council may choose to select any member of the Council to serve as the delegate and alternate regardless of their current involvement with the League. The League is requesting that the City take action on delegate and alternate by August 31, 2022, and that the City submit the delegate and alternate selection form by Friday, September 2, 2022.

FISCAL IMPACT:

The City Council 2022-23 budget has allocated funds for members of the City Council to attend the conference.

ATTACHMENTS:

Attachment A - League Correspondence and Voting/Delegate Alternate Form Respectfully submitted,
1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org DATE: June 1, 2022
TO: City Managers and City Clerks
RE: DESIGNATION OF VOTING DELEGATES AND ALTERNATES
League of California Cities Annual Conference & Expo – September 7-9, 2022 Cal Cities 2022 Annual Conference & Expo is scheduled for September 7-9, 2022 in Long Beach. An important part of the Annual Conference is the Annual Business Meeting (during General Assembly) on Friday, September 9. At this meeting, Cal Cities membership considers and acts on resolutions that establish Cal Cities policy.

In order to vote at the Annual Business Meeting, your city council must designate a voting delegate. Your city may also appoint up to two alternate voting delegates, one of whom may vote if the designated voting delegate is unable to serve in that capacity.

Please complete the attached Voting Delegate form and return it to Cal Cities office no later than Friday, September 2. This will allow us time to establish voting delegate/alternate records prior to the conference.

Please view Cal Cities’ event and meeting policy in advance of the conference. • Action by Council Required. Consistent with Cal Cities bylaws, a city’s voting delegate and up to two alternates must be designated by the city council.

When completing the attached Voting Delegate form, please attach either a copy of the council resolution that reflects the council action taken, or have your city clerk or mayor sign the form affirming that the names provided are those selected by the city council. Please note that designating the voting delegate and alternates must be done by city council action and cannot be accomplished by individual action of the mayor or city manager alone. • Conference Registration Required. The voting delegate and alternates must be registered to attend the conference. They need not register for the entire conference; they may register for Friday only. Conference registration will open by June 1 on the Cal Cities website. In order to cast a vote, at least one voter must be present at the Business Meeting and in possession of the voting delegate card. Voting delegates and alternates need to pick up their conference badges before signing in and picking up the voting delegate card at the Voting Delegate Desk. This will enable them to receive the special sticker on their name badges that will admit them into the voting area during the Business Meeting.

Council Action Advised by August 31, 2022

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• Transferring Voting Card to Non-Designated Individuals Not Allowed. The voting delegate card may be transferred freely between the voting delegate and alternates, but only between the voting delegate and alternates. If the voting delegate and alternates find themselves unable to attend the Business Meeting, they may not transfer the voting card to another city official. • Seating Protocol during General Assembly. At the Business Meeting, individuals with the voting card will sit in a separate area. Admission to this area will be limited to those individuals with a special sticker on their name badge identifying them as a voting delegate or alternate. If the voting delegate and alternates wish to sit together, they must sign in at the Voting Delegate Desk and obtain the special sticker on their badges.

The Voting Delegate Desk, located in the conference registration area of the Long Beach Convention Center, will be open at the following times: Wednesday, September 7, 8:00 a.m. – 6:00 p.m.; Thursday, September 8, 7:00 a.m. – 4:00 p.m.; and Friday, September 9, 7:30 a.m.–12:30 p.m. The Voting Delegate Desk will also be open at the Business Meeting on Friday, but will be closed during roll calls and voting.

The voting procedures that will be used at the conference are attached to this memo.

Please share these procedures and this memo with your council and especially with the individuals that your council designates as your city’s voting delegate and alternates.

Once again, thank you for completing the voting delegate and alternate form and returning it to Cal Cities office by Friday, September 2. If you have questions, please call Darla Yacub at (916) 658-8254.

Attachments:
• Annual Conference Voting Procedures
• Voting Delegate/Alternate Form

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1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org Annual Conference Voting Procedures

1. One City One Vote. Each member city has a right to cast one vote on matters pertaining to Cal Cities policy.

2. Designating a City Voting Representative. Prior to the Annual Conference, each city council may designate a voting delegate and up to two alternates; these individuals are identified on the Voting Delegate Form provided to the Cal Cities Credentials Committee.

3. Registering with the Credentials Committee. The voting delegate, or alternates, may pick up the city's voting card at the Voting Delegate Desk in the conference registration area. Voting delegates and alternates must sign in at the Voting Delegate Desk. Here they will receive a special sticker on their name badge and thus be admitted to the voting area at the Business Meeting.

4. Signing Initiated Resolution Petitions. Only those individuals who are voting delegates (or alternates), and who have picked up their city’s voting card by providing a signature to the Credentials Committee at the Voting Delegate Desk, may sign petitions to initiate a resolution.

5. Voting. To cast the city's vote, a city official must have in their possession the city's voting card and be registered with the Credentials Committee. The voting card may be transferred freely between the voting delegate and alternates, but may not be transferred to another city official who is neither a voting delegate or alternate.

6. Voting Area at Business Meeting. At the Business Meeting, individuals with a voting card will sit in a designated area. Admission will be limited to those individuals with a special sticker on their name badge identifying them as a voting delegate or alternate.

7. Resolving Disputes. In case of dispute, the Credentials Committee will determine the validity of signatures on petitioned resolutions and the right of a city official to vote at the Business Meeting.

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Covina City CouncilJuly 19, 2022

Covina City Council
July 19, 2022