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City Council/CSA/CPFA/CHA Agenda Tuesday September 6, 2022
REGULAR MEETING AGENDA
125 E. College Street, Covina, California
Council Chamber of City Hall
Tuesday, September 6, 2022
IMPORTANT NOTICE
This meeting is being conducted in accordance with Assembly Bill 361, regarding the COVID19 pandemic.
Members of the public may view the meeting live on the City’s website at www.covinaca.gov or on local cable television, Spectrum channel 29 and Frontier Channel 42. To view from the website, hover over the Departments & Services tab until the drop-down menu appears and click on City Council Video Library under the City Council header. A live banner will appear at the start of the meeting.
Public Comments: During the meeting, there will be an opportunity for the public to speak.
Public testimony is limited to five (5) minutes per speaker, unless, for good cause, the Mayor/Chairperson amends the time limit; a speaker’s time may not be transferred to another speaker. State Law prohibits the Council/Agency/Authority Members from taking action on any item not on the agenda. Those wishing to speak on a LISTED AGENDA ITEM will be heard when that item is addressed.
In Person: To address the Council/Agency/Authority please complete a yellow speaker request card located at the entrance of the Council Chamber and give it to the City Clerk. Your name will be called when it is your turn to speak.
Remotely via Zoom: Access the meeting remotely via Zoom with one of the following devices:
Computer or Smart Device:
https://us02web.zoom.us/j/85288654841?pwd=QWpjdEVnNXpUTE5hU2RxNTlwVjBvUT09 Telephone:
Dial: +1 669 900 6833
Meeting ID: 852 8865 4841
Passcode: 254476
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City Council/CSA/CPFA/CHA Agenda Tuesday September 6, 2022
1. To request to speak during public comment, please click the “Raise Hand” button on the Zoom toolbar “Reactions” tab.
Note:
Computer / Smart Device Users: The “raise hand” feature is in the reactions tab.
Telephone Users: Press star-nine (*9) on your phone to raise your hand.
2. Staff will announce your name as listed on Zoom or the last four digits of your phone number when it is your turn to speak and unmute the microphone (audio only); speaker must be present when called to speak.
3. Please state your first and last name and city of residence at the beginning of your remarks for the record.
4. The microphone will be muted by staff when you have completed your comments or five (5) minutes have expired, whichever occurs first.
Meeting Assistance Information: In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk’s Office at [email protected] or 626-384-5430. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.
CITY COUNCIL/SUCCESSOR AGENCY TO THE COVINA
REDEVELOPMENT AGENCY/COVINA PUBLIC FINANCING
AUTHORITY/COVINA HOUSING AUTHORITY
JOINT MEETING—CLOSED SESSION
6:30 PM
CALL TO ORDER
ROLL/CALL
Council/Agency/Authority Members: Hector Delgado, John C. King, Victor Linares, Mayor Pro Tem/ViceChair Walter Allen, III, and Mayor/Chair Patricia Cortez
PUBLIC COMMENTS
The public is invited to comment on Closed Session items only at this time. To address the Council/Agency/Authority please complete a yellow speaker request card located at the entrance and give it to the City Clerk. Your name will be called when it is your turn to speak. Individual speakers are limited to five minutes each, unless, for good cause, the Mayor/Chairperson amends the time limit.
CLOSED SESSION
The City Council/Successor Agency to the Covina Redevelopment Agency/Covina Public Financing Authority/Covina Housing Authority will adjourn to closed session for the following:
A. Government Code Section 54957: THREAT TO PUBLIC SERVICES OR
FACILITIES
Consultation with Federal Bureau of Investigation, Foreign Influence Task Force Analyst
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City Council/CSA/CPFA/CHA Agenda Tuesday September 6, 2022 B. Government Code § 54956.8 – CONFERENCE WITH REAL PROPERTY
NEGOTIATORS
Property: 542 N. Cabernet Drive, Covina
Agency Negotiator:
Chris Marcarello, Executive Director, Covina Housing
Authority
Brian Lee, Community Development Director
Negotiating Parties: Geoffrey Scott, Owner
Under Negotiation: Price and Terms of Payment
RECESS
CITY COUNCIL/SUCCESSOR AGENCY TO THE COVINA
REDEVELOPMENT AGENCY/COVINA PUBLIC FINANCING
AUTHORITY/COVINA HOUSING AUTHORITY
JOINT MEETING—OPEN SESSION
7:30 PM
RECONVENE AND CALL TO ORDER
ROLL/CALL
Council/Agency/Authority Members: Hector Delgado, John C. King, Victor Linares, Mayor Pro Tem/ViceChair Walter Allen, III, and Mayor/Chair Patricia Cortez
PLEDGE OF ALLEGIANCE
Led by Mayor Pro Tem Allen
INVOCATION
Given by Covina Police Chaplain David Truax
PRESENTATIONS
A. Pink Patch Project Kick-Off
B. Baseball Team Recognition
PUBLIC COMMENTS
To address the Council/Agency/Authority please complete a yellow speaker request card located at the entrance and give it to the City Clerk. Your name will be called when it is your turn to speak. Those wishing to speak on a LISTED AGENDA ITEM will be heard when that item is addressed. Those wishing to speak on an item NOT ON THE AGENDA will be heard at this time. State Law prohibits the Council/Agency/Authority Members from taking action on any item not on the agenda. Individual speakers are limited to five minutes each, unless, for good cause, the Mayor/Chairperson amends the time limit.
COUNCIL/AGENCY/AUTHORITY COMMENTS
DRAFT
City Council/CSA/CPFA/CHA Agenda Tuesday September 6, 2022 Council/Agency/Authority Members wishing to make any announcements of public interest or to request that specific items be added to future Council/Agency/Authority agendas may do so at this time.
CITY MANAGER COMMENTS
CONSENT CALENDAR
All matters listed under consent calendar are considered routine, and will be enacted by one motion. There will be no separate discussion on these items prior to the time the Council/Agency/Authority votes on them, unless a member of the Council/Agency/Authority requests a specific item be removed from the consent calendar for discussion.
CC 1. Minutes
Staff Recommendation:
Approve the Minutes of the August 16, 2022, Regular Meeting of the City Council/Successor Agency to the Covina Redevelopment Agency/Covina Public Financing Authority/Housing Authority.
Agenda Report - CC 1 - Pdf
CC 2. Payment of Demands
Staff Recommendation:
Approve Payment of Demands in the amount of $3,402,417.41 Agenda Report - CC 2 - Pdf
CC 3. Resolution Increasing the Police Department 2022-23 Budget by $74,000 for the Purchase of Various Equipment.
Staff Recommendation:
Adopt Resolution CC 2022-92 increasing the Police Department 2022-23 Budget by $74,000 for the purchase of various equipment and upgrades for police operations.
Agenda Report - CC 3 - Pdf
CC 4. Approval of Memorandum of Understanding between the Los Angeles County Metropolitan Transportation Authority and the City of Covina for the Proposition A Discretionary Incentive Grant Program for Collecting and Reporting Data for the National Transit Database for Report Year 2020
Staff Recommendation:
Authorize the City Manager to execute the Memorandum of Understanding between the Los Angeles County Metropolitan Transportation Authority and the City of Covina for the Proposition A Discretionary Incentive Grant Program for Collecting and Reporting Data for the National Transit Database for Report Year 2020.
Agenda Report - CC 4 - Pdf
CC 5. Approve and Make AB 361 Findings for Special Brown Act Requirements for Teleconference Meetings
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City Council/CSA/CPFA/CHA Agenda Tuesday September 6, 2022 Staff Recommendation:
Approve and make the following findings so that meetings of the City Council and the City’s Other Legislative Bodies are authorized to meet remotely in accordance with AB 361’s special Brown Act requirements for teleconference meetings: (1) the City Council has reconsidered the circumstances of the COVID-19 state of emergency; and (2) state and local officials continue to recommend measures to promote social distancing.
Agenda Report - CC 5 - Pdf
CC 6. Adopt Resolution CC 2022-93 to Establish a New Classification and Salary Range for Recreation and Library Services Manager within the Mid-Management, Supervisory and Professional, and Confidential and Technical Employees Compensation Rules Staff Recommendation:
That the City Council adopt Resolution CC 2022-93 to establish a new job classification and salary range for Recreation and Library Services Manager within the Mid-Management, Supervisory and Professional, and Confidential and Technical Employees (Unaffiliated) Compensation Rules.
Agenda Report - CC 6 - Pdf
CC 7. Professional Services Agreements for On-Call Engineering Consultant Services Staff Recommendation:
Authorize the City Manager to execute Professional Services Agreements between the City of Covina and On-Call Engineering Consultant firms.
Agenda Report - CC 7 - Pdf
CC 8. Approve Professional Services Agreements with Shuster Advisory Group, LLC for Plan Consulting and Investment Fiduciary Services, Authorize the City Manager to Execute these Agreements, and Adopt Resolution CC 2022-94 to Appoint the City Manager as Plan Administrator of the City's 457(b) and 401(a) Defined Contribution Retirement Plans
Staff Recommendation:
That the City Council approve the following:
1. Approve a Professional Services Agreement (Agreement) between the City of Covina (“City”) and Shuster Advisory Group, LLC (“Shuster”) for plan consulting, investment advisory and investment fiduciary services to the defined contribution plans and authorize the City Manager to execute;
2. Adopt Resolution CC 2022-94 to appoint the City Manager as the Plan Administrator for the City's 457(b) & 401(a) defined contribution plans;
3. Authorize the City Manager to designate a staff member as he deems appropriate to assist in performing Plan Administrator duties;
4. Authorize the Plan Administrator and/or his designee to execute necessary service provider agreements related to the administration of the defined contribution plans; and
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City Council/CSA/CPFA/CHA Agenda Tuesday September 6, 2022
5. Authorize the Plan Administrator and/or his designee to assign administrative duties for the Plan to appropriate departments and staff to fulfill City’s fiduciary duties as the plan sponsor.
Agenda Report - CC 8 - Pdf
CC 9. Approve Professional Services Agreement with Alderman & Hilgers, LLP for Legal Services
Staff Recommendation:
Staff recommends that the City Council approves a Professional Services Agreement (Agreement) between Alderman & Hilgers, LLP and the City of Covina for Legal Services and authorize the City Manager to execute.
Agenda Report - CC 9 - Pdf
CONTINUED PUBLIC HEARINGS – NONE.
PUBLIC HEARINGS – NONE.
CONTINUED BUSINESS – NONE.
NEW BUSINESS – NONE.
ADJOURNMENT
The Covina City Council/Successor Agency to the Covina Redevelopment Agency/Covina Public Financing Authority/Covina Housing Authority will adjourn to its next regular meeting of the Council/Agency/Authority scheduled for Tuesday, September 20, 2022 at 6:30 p.m. for closed session and at 7:30 p.m. for open session inside the Council Chamber at City Hall, located at 125 East College Street, Covina, California, 91723.
The Covina City Clerk’s Office does hereby declare that the agenda for the September 6, 2022, meeting was posted on the City’s website and near the front entrances of: Covina City Hall, 125 East College Street, Covina, in accordance with California Government Code Section 54954.2(a).
If you challenge in court any discussion or action taken concerning an item on this agenda, you may be limited to raising only those issues you or someone else raised during the meeting or in written correspondence delivered to the City at or prior to the City’s consideration of the item at the meeting.
MATERIALS RELATED TO AN ITEM ON THIS AGENDA, AND SUBMITTED TO THE CITY COUNCIL AFTER PUBLICATION OF THE AGENDA, ARE AVAILABLE TO THE PUBLIC IN THE CITY CLERK’S OFFICE AT 125 E.
COLLEGE STREET, COVINA.
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COUNCIL/CSA/CPFA/CHA MINUTES Page 1 of 9 Tuesday, August 16, 2022 MINUTES OF AUGUST 16, 2022
REGULAR MEETING OF THE COVINA CITY COUNCIL/SUCCESSOR AGENCY TO
THE COVINA REDEVELOPMENT AGENCY/COVINA PUBLIC FINANCING
AUTHORITY/COVINA HOUSING AUTHORITY HELD IN THE COUNCIL CHAMBER OF CITY HALL, 125 EAST COLLEGE STREET, COVINA, CALIFORNIA AND
VIRTUALLY VIA ZOOM
This meeting was conducted in accordance with Assembly Bill 361, regarding the COVID-19 pandemic.
CALL TO ORDER/ROLL CALL
Mayor Cortez called the Council/Agency/Authority meeting to order at 6:31 p.m. with all Councilmembers present.
PUBLIC COMMENTS – None.
CLOSED SESSION
Mayor Cortez recessed the Council to Closed Session at 6:32 p.m. for the following:
A. Government Code §54956.9(d)(1) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION:
Name of Case: Vega, Guillermo v. City of Covina
WCAB Case Nos: ADJ15003154, ADJ15002748, and ADJ15002744.
RECONVENE AND CALL TO ORDER
Mayor Cortez called the Regular Council/Agency/Authority meeting to order at 7:32 p.m. with all Councilmembers present.
ROLL CALL
Councilmembers Present: Hector Delgado, John C. King, Victor Linares, Mayor Pro Tem/Vice-Chair Walter Allen, III, and Mayor/Chair Patricia Cortez.
Councilmembers Absent: None.
Elected Members Present: City Clerk Drew Aleman and City Treasurer Neil Polzin.
Elected Members Absent: None.
Staff Members Present: City Manager Chris Marcarello, City Attorney Candice K. Lee, Police Chief David Povero, Administrative Services Director Anita Agramonte, Community Development Director Brian Lee, Parks & Recreation/Library Services Director Lisa Evans, Public Works Director Andy Bullington, and Deputy City Manager Angel Carrillo.
PLEDGE OF ALLEGIANCE
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COUNCIL/CSA/CPFA/CHA MINUTES Page 2 of 9 Tuesday, August 16, 2022 Led by Mayor Cortez.
INVOCATION
Given by Covina Police Chaplain Chuck Cannizzaro.
CLOSED SESSION REPORT
City Attorney Lee announced no reportable action was taken.
PRESENTATIONS – None.
PUBLIC COMMENTS – None.
COUNCIL/AGENCY/AUTHORITY COMMENTS
Mayor Pro Tem Allen commented on his attendance at the Independent Cities Association conference and the information he received regarding the methamphetamine and fentanyl epidemic. He requested City Manager Marcarello look into joining a lawsuit with other cities against the state regarding SB 9.
Councilmember Delgado also commented on his attendance at the Independent Cities Association conference.
Councilmember King thanked the Parks & Recreation Department for the local summer evening programs.
Mayor Cortez announced the Planning Commission meeting taking place August 23, 2022, at 7 p.m., which will introduce the Covina Active Streets and Multimodal Connectivity Plan meant to further the regional and local sustainability goals. She added that there will also be a pop-up community engagement booth at the Covina Farmers Market on August 26th and September 9th to receive community feedback on this project. Mayor Cortez also announced that a new Mayor’s Minute has been posted on the city’s website.
CITY MANAGER COMMENTS – None.
CONSENT CALENDAR
City Clerk Aleman announced that public comment cards have been submitted for items CC 3, 15, 16, and 18.
City Attorney Lee recused herself due to consent calendar item CC 13, which revises the agreement with her law firm, Richards Watson and Gershon, and left the Council Chamber at 7:43 p.m.
A motion was made by Councilmember King, seconded by Mayor Pro Tem Allen, to approve Consent Calendar items CC 1, 2, 4-14, and 17, as presented.
Motion approved by roll call vote for Consent Calendar items CC 1, 2, 4–14, and 17 as follows:
AYES: DELGADO, KING, LINARES, ALLEN, CORTEZ
NOES: NONE
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COUNCIL/CSA/CPFA/CHA MINUTES Page 3 of 9 Tuesday, August 16, 2022 ABSTAIN: NONE
ABSENT: NONE
CC 1. City Council/Successor Agency to the Covina Redevelopment Agency/Covina Public Financing Authority/Covina Housing Authority approved the Minutes of the July 19, 2022, Regular Meeting of the City Council/Successor Agency to the Covina Redevelopment Agency/Covina Public Financing Authority/Housing Authority.
CC 2. City Council/Successor Agency to the Covina Redevelopment Agency approved Payment of Demands in the amount of $7,124,408.87
CC 4. City Council approved the reorganization of the Community Development Department by underfilling an existing Associate Planner position with a Planning Technician and changing the name of the "Housing & Grants Division" to the "Special Projects Division".
CC 5. City Council authorized the City Manager to execute a Purchase Order with National Fleet Auto Group for the purchase of one 2023 Ford E-Transit Cargo Van in an amount not-to-exceed $70,800 for the Rec and Read Covina! Project.
CC 6. City Council:
1. Revised the Job Descriptions for Deputy City Clerk, Records Technician, and Library Supervisor
2. Reclassified the Job Classification of Executive Assistant to the Police Chief to Management Analyst in the Police Department
3. Adopted Resolution CC 2022-84
4. Adopted Resolution CC 2022-85
CC 7. City Council approved and made the following findings so that meetings of the City Council and the City’s Other Legislative Bodies are authorized to meet remotely in accordance with AB 361’s special Brown Act requirements for teleconference meetings: (1) the City Council has reconsidered the circumstances of the COVID-19 state of emergency; and (2) state and local officials continue to recommend measures to promote social distancing.
CC 8. City Council:
1. Adopted City Resolution CC 2022-86, declaring intention to authorize the annexation of territory to Community Facilities District No. 2007-1 (Public Services); and
2. Adopted City Resolution CC 2022-87, adopting boundary map showing territory proposed to be annexed in the future to Community Facilities District No. 2007-1 (Public Services).
CC 9. City Council:
1. Accepted the work performed by Sky JTC Corporation dba Sky Painting; and
2. Authorized the City Clerk to file a Notice of Completion for the Azusa Avenue Traffic Signal Pole & Civic Center Parking Structure Painting Project.
CC 10. City Council adopted Joint Resolution CC 2022-89 rescinding Resolution CC 2021- 40 and adopting a Records Retention Schedule and authorizing the destruction of certain City records.
CC 11. City Council:
1. Reviewed and approved the updated "Emergency & Disaster Action Plan"; and DRAFT
COUNCIL/CSA/CPFA/CHA MINUTES Page 4 of 9 Tuesday, August 16, 2022
2. Adopted Resolution HA 2022-02, approving the updated "Policies and Procedures" for the McGill Transitional House, and authorizing the Executive Director to administratively approve future minor updates.
CC 12. City Council:
1. Adopted Resolution CC 2022-90 accepting grant allocation from the California High Frequency Communication Equipment Program in the amount of $60,000 and increasing the Police Department Fiscal Year 2022-23 budget by the same amount; and
2. Authorized the City Manager or his designee to sign all necessary documents associated with this grant including agreements, assurances, prepared invoiced to obtain the grant funds.
CC 13. City Council approved the revised rates included in Exhibit A of the professional services agreement between the City of Covina and Richards Watson Gershon for the provision of City Attorney services.
CC 14. City Council adopted Resolution CC 2022-83 entitled. "A Resolution of the City Council of the City of Covina, California, amending the City of Covina Conflict of Interest Code and rescinding Resolution CC 2020-84."
CC 17. City Council:
1. Adopted Resolution CC 2022-91 accepting grant allocation from the California Department of Alcohol Beverage Control in the amount of $23,527 and increasing the Police Department Fiscal Year 2022-23 budget by the same amount; and
2. Authorized the City Manager or his designee to sign all necessary documents associated with this grant including agreements, assurances, prepared invoiced to obtain the grant funds.
CONSENT CALENDAR ITEMS PULLED FOR SEPARATE DISCUSSION
CC 3. Quarterly Report of the Treasurer to the City Council and Successor Agency to the Covina Redevelopment Agency for the Quarter Ended June 30, 2022 Staff Recommendation:
Receive and File.
City Treasurer Polzin clarified that he was able to review the documents but has not audited the underlying documents.
Mayor Cortez gave thanks to staff and consultants for the report.
A motion was made by Mayor Pro Tem Allen, seconded by Councilmember Linares, to approve Consent Calendar item CC 3 as presented.
Motion approved by roll call vote for Consent Calendar item CC 3 as follows:
AYES: DELGADO, KING, LINARES, ALLEN, CORTEZ
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
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COUNCIL/CSA/CPFA/CHA MINUTES Page 5 of 9 Tuesday, August 16, 2022 CC 15. Confirm and Approve City Council's Appointments to Various City of Covina Boards and Commissions
Staff Recommendation:
Approve the City Council's appointments to various City of Covina Boards and Commissions.
City Treasurer Polzin commented on not appointing the City Treasurer to the Finance Advisory Commission, commission minutes, commissioner attendance, and requested that the Council not move forward with the appointments until his comments have been reviewed.
In response to an inquiry made by Councilmember Linares, City Manager Marcarello informed Council that an item to address the City Treasurer’s placement on the Finance Advisory Commission would appear later in the agenda.
A motion was made by Mayor Pro Tem Allen, seconded by Councilmember Delgado, to approve Consent Calendar item CC 15 as presented.
Motion approved by roll call vote for Consent Calendar item CC 15 as follows:
AYES: DELGADO, KING, LINARES, ALLEN, CORTEZ
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
CC 16. Confirmation of Mayor’s Appointments to Intergovernmental Agencies and Covina Board and Commissions
Staff Recommendation:
Approve the Mayor’s appointments of delegates and alternates to Intergovernmental Agencies and appointments of Council Liaison to Boards, Commissions, and Committees.
City Treasurer Polzin announced he would be withdrawing his name from consideration of appointment to the San Gabriel Valley Mosquito & Vector Control District.
A motion was made by Mayor Pro Tem Allen, seconded by Councilmember King, to remove City Treasurer Polzin’s name for consideration of appointment to the San Gabriel Valley Mosquito & Vector Control District and approve all remaining appointments.
Motion approved by roll call vote for Consent Calendar item CC 16 as follows:
AYES: DELGADO, KING, LINARES, ALLEN, CORTEZ
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
CC 18. Review of City Council Policies/Protocols
Staff Recommendation:
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COUNCIL/CSA/CPFA/CHA MINUTES Page 6 of 9 Tuesday, August 16, 2022 That the City Council:
1. Approve the recommendations made by the Ad Hoc Committee to update various policy and procedure guidelines and policies; and
2. Approve the City's Investment Policy for Fiscal Year 2022-23.
City Treasurer Polzin commented on his concerns over the revisions to the investment policy and fraud prevention. He also stated he received resident complaints about potential fraud occurring in the city, and stated investigations have been opened.
Alaria Kiraz also stated her concerns with the revisions to the fraud prevention policy as well as the proposed revisions for public comment time limits.
Mayor Pro Tem Allen provided comments responding to the concerns raised in public comments.
Q provided comment via Zoom to state her concerns with the revisions to the fraud detection policy and public comment time limits, and the timing of the revisions.
Councilmember Delgado clarified that the proposed revisions would apply to each item that a member of the public wishes to provide comments for and not limit commenters to one comment.
Discussion between Council included reasoning for updating the policies, time limits on public comments, reasoning for moving fraud detection from the City Treasurer to the City Clerk, and the purpose of the Finance Advisory Commission.
City Attorney Lee clarified that staff recommendation will be amended to modify section 11 of the procedural guidelines for the conduct of council meetings. The change will be as follows: If five (5) or more public comments or requests to speak are received, the time limit will be reduced to three (3) minutes, if less than five (5) are received the time limit will remain at five (5) minutes.
A motion was made by Mayor Pro Tem Allen, seconded by Councilmember Linares, to approve Consent Calendar item CC 18 as amended.
Motion approved by roll call vote for Consent Calendar item CC 18 as follows:
AYES: DELGADO, KING, LINARES, ALLEN, CORTEZ
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
PUBLIC HEARING
PH 1. Adopt Resolution Ordering the Annexation of Territories to City of Covina Landscape Maintenance District No. 1, Confirming a Diagram and Assessment, Ordering the Improvements, and the Levy and Collection of Assessments within such Territories for FY 2022-23
Staff Recommendation:
1. Conduct a public hearing and consider all testimony that may be forthcoming; and
2. Adopt Resolution CC 2022-88, Ordering the Annexation of Territories to City of Covina Landscape Maintenance District No. 1, Confirming a Diagram DRAFT
COUNCIL/CSA/CPFA/CHA MINUTES Page 7 of 9 Tuesday, August 16, 2022 and Assessment, Ordering the Improvements, and the Levy and Collection of Assessments within such Territories for FY 2022-23.
Mayor Cortez opened the public hearing.
The agenda report was provided by City Engineer Rafael Fajardo.
There were no public comments, therefore, Mayor Cortez closed the public hearing. Mayor Cortez announced that if anyone would like to turn in a ballot or change their vote, please do so at that time. As no one came forward and there were no questions or comments from City Council, she closed the public hearing and requested that City Clerk Aleman proceed to canvass the ballots.
City Clerk Aleman announced that 2 ballots were received in favor of the assessment and no ballots were received in opposition; therefore, a majority protest does not exist.
A motion was made by Councilmember King, seconded by Councilmember Delgado, to approve Public Hearing item PH 1 as presented.
Motion approved by roll call vote for Public Hearing item PH 1 as follows:
AYES: DELGADO, KING, LINARES, ALLEN, CORTEZ
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
PH 2. Public Hearing for the Expenditure of the 2022 Edward Byrne Memorial Justice Assistance Grant (JAG)
Staff Recommendation:
1. Hold the public hearing and receive and file proposed program for expenditure of 2022 Edward Byrne Memorial Justice Assistance Grant (JAG).
The agenda report was provided by Police Chief Povero.
Mayor Cortez opened the public hearing.
There were no public comments.
Councilmember King expressed his gratitude to Police Chief Povero and his team.
Mayor Pro Tem Allen thanked Police Chief Povero for being able to continue funding the Youth Accountability Board program.
Mayor Cortez closed the public hearing.
A motion was made by Councilmember King, seconded by Councilmember Linares, to approve Public Hearing item PH 2 as presented.
Motion approved by roll call vote for Public Hearing item PH 2 as follows:
AYES: DELGADO, KING, LINARES, ALLEN, CORTEZ
NOES: NONE
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COUNCIL/CSA/CPFA/CHA MINUTES Page 8 of 9 Tuesday, August 16, 2022 ABSTAIN: NONE
ABSENT: NONE
CONTINUED BUSINESS – None.
NEW BUSINESS
NB 1. Approval of Second Amendment to City Manager Employment Agreement Between the City of Covina and Christopher Marcarello
Staff Recommendation:
1. Approve the Second Amendment to City Manager Employment Agreement between the City of Covina and Christopher Marcarello.
City Manager Marcarello recused himself and left the Council Chamber at 8:30 p.m.
The agenda report was presented by City Attorney Lee.
There were no public comments.
Discussion between Council included highlighting City Manager Marcarello’s performance, the state of the City, and comparable compensation from similar communities.
A motion was made by Councilmember Delgado, seconded by Mayor Pro Tem Allen, to approve New Business item NB 1 as presented.
Motion approved by roll call vote for New Business item NB 1 as follows:
AYES: DELGADO, KING, LINARES, CORTEZ
NOES: ALLEN
ABSTAIN: NONE
ABSENT: NONE
ADJOURNMENT
At 8:41 p.m., the Covina City Council/Successor Agency to the Covina Redevelopment Agency/Covina Public Financing Authority/Covina Housing Authority adjourned, to its next regular meeting of the Council/Agency/Authority scheduled for Tuesday, September 6, 2022, at 6:30 p.m., for closed session and 7:30 p.m., for open session in the Council Chamber located inside of City Hall, 125 East College Street, Covina, California, 91723.
Respectfully Submitted:
_______________________________
Fabian Velez
Deputy City Clerk
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COUNCIL/CSA/CPFA/CHA MINUTES Page 9 of 9 Tuesday, August 16, 2022 Approved this 6th day of September, 2022:
________________________________
Patricia Cortez, Mayor/Chair
CC Regular Meeting
AGENDA ITEM REPORT
ITEM NO. CC 2
Meeting: CC Regular Meeting - Sep 06 2022
Title: Payment of Demands
Presented By: Anita Agramonte, Administrative Services Director Recommendation: Approve Payment of Demands in the amount of $3,402,417.41 EXECUTIVE SUMMARY / BACKROUND:
Attached is a list of warrants and demands which are being presented for approval and are summarized as follows:
Accounts Payable Warrants July 29, 2022 - August 11, 2022 CITY checks/EFTs $ 2,384,199.95
CITY payroll $ 954,994.70
CITY voids $ -
Worker's Comp $ 57,096.17
$ 3,396,290.82
SACRA checks/EFTs $ 1,589.75
SACRA payroll $ 4,536.84
$ 6,126.59
TOTAL checks/EFTs $ 3,402,417.41
DISCUSSION:
The attached reports have been reviewed by the Administrative Services Director.
FISCAL IMPACT:
Sufficient funding is available and the related costs are included in the Fiscal Year 21/22 & Fiscal Year 22/23 Adopted Budgets.
ATTACHMENTS:
Attachment A - Check Register July 29, 2022 - August 11, 2022 Respectfully submitted,
CITY OF COVINA
Check Register
Jul 29, 2022 - Aug 11, 2022
Check # Check Date Vendor Name Amount
5822 05/31/2022 283 BANK OF THE WEST 14,225.31
5823 08/04/2022 4160 ICMA RETIREMENT TRUST-IRA 30.00
5824 08/04/2022 1405 ICMA RETIREMENT TRUST-457 5,985.94 5825 08/04/2022 4003 MidAmerica 3,014.51
5826 07/11/2022 283 BANK OF THE WEST 13,569.07
20552 08/01/2022 487 CalPERS 81,536.02
20553 08/01/2022 487 CalPERS 7,847.58
20558 08/01/2022 487 CalPERS 79,547.89
20559 08/04/2022 788 COVINA, CITY OF 46,453.73
20560 08/04/2022 789 COVINA-FSA, CITY OF 868.18
20561 08/04/2022 1247 GREAT WEST LIFE & ANNUITY 4,400.00 20562 08/04/2022 2033 NATIONWIDE RETIREMENT SOLUTIONS 13,834.00 20563 08/04/2022 788 COVINA, CITY OF 25.98
20564 08/04/2022 789 COVINA-FSA, CITY OF 458.34
subtotal EFT/wires/direct deposits $271,796.55
112270 08/03/2022 4379 789, Inc. 5,376.09
112271 08/03/2022 14 A1 RENTALS 109.10
112272 08/03/2022 4835 ABBA TERMITE & PEST CONTROL, INC 125.00 112273 08/03/2022 32 ACE-1 AUTO SERVICE 1,136.16
112274 08/03/2022 44 ADAMSON INDUSTRIES 955.94
112275 08/03/2022 4765 Advanced Microcomputing Concepts, Inc. 2,735.31 112276 08/03/2022 84 AIRGAS-WEST 423.97
112277 08/03/2022 4829 Alicia A. Flores 347.90
112278 08/03/2022 5075 Amalia Q. Seresinghe 1,468.60
112279 08/03/2022 3789 SYNCB/AMAZON 191.05
112280 08/03/2022 4931 Antonio Castro Jr 427.00
112281 08/03/2022 4630 AUBURN HANEY 1,214.73
112282 08/03/2022 4643 Bear Electrical Solutions, Inc. 7,375.00 112283 08/03/2022 3771 BLACK & WHITE EMERGENCY VEHICLES 310.96 112284 08/03/2022 3995 THE BLUE SUBMARINE 235.00
112285 08/03/2022 367 BMI GENERAL LICENSING 391.00
112286 08/03/2022 4279 BOSS JANITORIAL SERVICES 12,418.45 112287 08/03/2022 430 BUILDING ELECTRONIC CONTROLS 213.75 112288 08/03/2022 5157 Carahsoft Technology Corporation 1,242.80 112289 08/03/2022 568 CAT SPECIALTIES INC 128.96
112290 08/03/2022 4854 CEJ Engineers, Inc. 6,060.00
112291 08/03/2022 600 CERTIFIED UNDERCAR PARTS 257.40
112292 08/03/2022 617 CHARTER OAK GYMNASTICS INC 1,796.68 112293 08/03/2022 649 CINTAS CORP #693 841.38
112294 08/03/2022 682 CLINICAL LAB OF SAN BERNARDINO 1,192.50 112295 08/03/2022 703 COMBINED GRAPHICS 108.05
112296 08/03/2022 3235 COOK, SHAWNA 949.52
112297 08/03/2022 749 THE COUNSELING TEAM 600.00
112298 08/03/2022 4987 CALIFORNIA CITY-COUNTY STREET LIGHT ASSOCIATION 1,260.00 112299 08/03/2022 765 COVINA CONCERT BAND 890.90
112300 08/03/2022 3982 CAROL A CUGNO 682.50
112301 08/03/2022 4886 DG Collision LLC 703.67
112302 08/03/2022 970 EDISON CO 12,749.26
112303 08/03/2022 4246 FERGUSON WATERWORKS #1083 167.67 112304 08/03/2022 4332 ERIC ARROYO 3,600.00
112305 08/03/2022 3911 FACTORY MOTOR PARTS 241.76
Attachment A Page 1 of 5 Page 2 of 6
CITY OF COVINA
Check Register
Jul 29, 2022 - Aug 11, 2022
Check # Check Date Vendor Name Amount
112306 08/03/2022 1092 FORENSIC NURSE SPECIALISTS INC 1,000.00 112307 08/03/2022 4455 FRONTIER 254.97
112308 08/03/2022 4483 DALE A. GARRISON 190.75
112309 08/03/2022 3901 GEM AUTO REPAIR 3,191.67
112310 08/03/2022 4883 Glendora Employment Agency, Inc 6,302.39 112311 08/03/2022 4338 ROBERT GOKOO 5,960.75
112312 08/03/2022 1215 GONZALES, RICHARD 1,674.40
112313 08/03/2022 1235 GRAINGER 799.84
112314 08/03/2022 1241 GRAND PRINTING 601.70
112315 08/03/2022 1255 GRISWOLD INDUSTRIES 15,458.16
112316 08/03/2022 4766 HASA, INC. 2,341.05
112317 08/03/2022 5243 TIMOTHY W HOGAN, 5,375.63
112318 08/03/2022 1361 HOLLIDAY ROCK CO INC 744.53
112319 08/03/2022 1364 HOME DEPOT CREDIT SERVICES 4,148.10 112320 08/03/2022 1429 INLAND EMPIRE STAGES 1,166.30
112321 08/03/2022 1437 INTER-CON SECURITY SYSTEMS INC 12,498.09 112322 08/03/2022 4077 INTERWEST CONSULTING GROUP INC 2,025.00 112323 08/03/2022 3749 JCL BARRICADE COMPANY 172.04
112324 08/03/2022 1505 JOHNNY'S POOL SERVICE 1,742.51
112325 08/03/2022 1561 KEYSTONE UNIFORM DEPOT 731.12
112326 08/03/2022 1571 KING BOLT CO 28.90
112327 08/03/2022 1614 LA CNTY FIRE DEPARTMENT 955,388.90 112328 08/03/2022 3190 LAYNE, JONATHAN DANIEL 680.40
112329 08/03/2022 2546 SAN GABRIEL VALLEY TRIBUNE 119.97 112330 08/03/2022 4587 Lynden J. & Associates, Inc. 1,579.25 112331 08/03/2022 3932 ARLENE D. MAR 201.60
112332 08/03/2022 5137 MasterCorp Commercial Services LLC 3,926.67 112333 08/03/2022 4089 MEASOM, DEVIN THOMAS 930.30
112334 08/03/2022 4572 Medical Cost Containment Services 3,150.00 112335 08/03/2022 1895 MERRIMAC ENERGY GROUP 38,666.23
112336 08/03/2022 3718 NADENE VALDEZ 264.60
112337 08/03/2022 2032 NATIONAL BUSINESS FURNITURE 1,136.34 112338 08/03/2022 5181 NBS Government Finance Group 2,000.00 112339 08/03/2022 4952 Next Level Elevator 996.00
112340 08/03/2022 2091 O REILLY AUTO PARTS 229.47
112341 08/03/2022 5228 ODP BUSINESS SOLUTIONS, LLC 45.69 112342 08/03/2022 99999 ALICIA REYNOSO 45.00
112343 08/03/2022 99999 ANGEL ALEGRIA 110.00
112344 08/03/2022 99999 ANTHONY NORMAN 45.00
112345 08/03/2022 99999 CHELSIE CHA 30.00
112346 08/03/2022 99999 CLAUDIA LEAVITT 110.00
112347 08/03/2022 99999 DUNG DANG 80.00
112348 08/03/2022 99999 ELITE CONSTRUCTION 64.99
112349 08/03/2022 99999 FRED AFLAKIAN PG CEG 392.65
112350 08/03/2022 99999 GANG LU 40.07
112351 08/03/2022 99999 JESSIE TAPIA 51.24
112352 08/03/2022 99999 JONATHAN MESTAZ 56.00
112353 08/03/2022 99999 KEITH JONES 496.43
112354 08/03/2022 99999 KENNETH D. ARNOLD & ASSOCIATES 2,500.00 112355 08/03/2022 99999 KHRIS ROBERTSON 80.00
112356 08/03/2022 99999 KWAN LEI 46.58
Attachment A Page 2 of 5 Page 3 of 6
CITY OF COVINA
Check Register
Jul 29, 2022 - Aug 11, 2022
Check # Check Date Vendor Name Amount
112357 08/03/2022 99999 LINDA DUCHSHERER 30.10
112358 08/03/2022 99999 MARKECE PECO 577.00
112359 08/03/2022 99999 MIRIAM MONTES 110.00
112360 08/03/2022 99999 OPENDOOR LABS INC 34.59
112361 08/03/2022 99999 OSL CONSTRUCTION 30,000.00
112362 08/03/2022 99999 PETRA HENRIQUEZ 51.90
112363 08/03/2022 99999 RAYMOND CHEN 81.33
112364 08/03/2022 99999 ROSE GONZALEZ 68.86
112365 08/03/2022 99999 RYAN RYBICKI 36.75
112366 08/03/2022 99999 SANDIP SENGUPTA 51.55
112367 08/03/2022 99999 SCOTT PERONE 34.74
112368 08/03/2022 99999 SHANNON ROBINSON 31.11
112369 08/03/2022 99999 STMS INVESTMENT LLC 7.95
112370 08/03/2022 99999 TABOR NELSON 61.70
112371 08/03/2022 99999 TONY VOTAW NATIONS RELIABLE LENDING 77.34 112372 08/03/2022 99999 TYRONE CRUMP 59.87
112373 08/03/2022 99999 VICKY L LIANG 68.02
112374 08/03/2022 99999 WF CONSTRUSTION INC 357.16
112375 08/03/2022 4535 OSWALDO MONROY 6,786.90
112376 08/03/2022 3656 PLAY-WELL TEKNOLOGIES 3,451.00
112377 08/03/2022 2275 POIRIER, ROBERT 140.00
112378 08/03/2022 5112 Procure America, Inc 487.76
112379 08/03/2022 2329 PUENTE READY MIX INC 1,095.64
112380 08/03/2022 3735 QUADIENT LEASING USA, INC. 851.29 112381 08/03/2022 2345 QUILL 89.97
112382 08/03/2022 2415 REPUBLIC MASTER CHEFS 749.22
112383 08/03/2022 5138 Ricoh USA, Inc. 233.71
112384 08/03/2022 5138 Ricoh USA, Inc. 299.63
112385 08/03/2022 2444 RIO HONDO COLLEGE 1,456.00
112386 08/03/2022 4350 RKA Consulting Group 20,121.20
112387 08/03/2022 5219 ROBERTSON INDUSTRIES, INC 9,812.00 112388 08/03/2022 2539 SAN DIMAS, CITY OF 487.78
112389 08/03/2022 2619 SGV EXAMINER 2,491.50
112390 08/03/2022 2676 SMART AND FINAL IRIS CORP 759.77 112391 08/03/2022 2755 STETSON ENGINEERS INC 3,228.75
112392 08/03/2022 2790 SWANK MOTION PICTURES INC 495.00 112393 08/03/2022 2818 TAVANNA 127.05
112394 08/03/2022 5224 THE TALENTED ARTS SCHOOL OF PERFORMING ARTS 1,233.17 112395 08/03/2022 2846 THOMAS, TERRI 1,688.20
112396 08/03/2022 2903 TRI-XECUTEX CORP 85.00
112397 08/03/2022 4813 JOHNSON CONTROLS FIRE PROTECTION LP 198.64 112398 08/03/2022 2935 UNDERGROUND SERVICE ALERT 54.42
112399 08/03/2022 4764 UniFirst Corporation 629.80
112400 08/03/2022 2942 UNITED SITE SERVICES OF CA INC 1,692.00 112401 08/03/2022 4247 UNITED WATER WORKS INC 1,743.96
112402 08/03/2022 3004 VICTORY EXTERMINATING INC 135.00 112403 08/03/2022 4804 Vihulu L. Villagran 582.74
112404 08/03/2022 3023 VULCAN MATERIALS COMPANY 2,164.73 112405 08/03/2022 3187 WAGONER, PAMELA 701.04
112406 08/03/2022 3052 WATERLINE TECHNOLOGIES INC 4,635.46 112407 08/03/2022 3082 WESTERN WATER WORKS SUPPLY 10,527.02 Attachment A Page 3 of 5 Page 4 of 6
CITY OF COVINA
Check Register
Jul 29, 2022 - Aug 11, 2022
Check # Check Date Vendor Name Amount
112408 08/03/2022 3775 WILLIAM SHUTTIC 389.21
112409 08/03/2022 3152 YWCA 837.74
112410 08/04/2022 68 AFLAC ACCT# YQ792 WORLDWIDE HEADQUARTERS 3,530.02 112411 08/04/2022 69 AFSCME District Council 36 545.77
112412 08/04/2022 3846 CLEA 918.00
112413 08/04/2022 775 COVINA POLICE ASSOCIATION 2,950.00 112414 08/04/2022 878 DELTA DENTAL OF CALIFORNIA 8,114.33 112415 08/04/2022 4710 Fidelity Security Life Insurance Company 878.35 112416 08/04/2022 3795 PRE-PAID LEGAL SERVICES, INC 139.52 112417 08/04/2022 2235 PERS LONG TERM CARE PROGRAM 191.04 112418 08/04/2022 4255 RELIASTAR LIFE INSURANCE COMPANY 4,158.72 112419 08/04/2022 3045 WASHINGTON NATIONAL INSURANCE COMPANY 33.38 112420 08/10/2022 158 AMERICAN TRAFFIC SOLUTIONS 16,698.31 112421 08/10/2022 4938 ArchiveSocial, Inc. 7,200.00
112422 08/10/2022 219 AT&T 831.71
112423 08/10/2022 219 AT&T 25.03
112424 08/10/2022 3771 BLACK & WHITE EMERGENCY VEHICLES 692.42 112425 08/10/2022 5241 BLUERAY AQUATICS 42,011.55
112426 08/10/2022 370 BOB BARKER CO INC 299.24
112427 08/10/2022 381 BOOMERANG BLUEPRINT 1,635.68
112428 08/10/2022 437 BURRO CANYON ENT INC 80.00
112429 08/10/2022 477 DEPT OF INDUSTRIAL RELATIONS 225.00 112430 08/10/2022 4438 CALIFORNIA COMPUTER SCHOOLS, INC 105.00 112431 08/10/2022 568 CAT SPECIALTIES INC 1,574.40
112432 08/10/2022 5163 Changing Environments, Inc. 1,000.00 112433 08/10/2022 649 CINTAS CORP #693 560.92
112434 08/10/2022 4714 CIR, Inc. 36,128.81
112435 08/10/2022 5099 CliftonLarsonAllen LLP 7,200.00
112436 08/10/2022 700 COLLEY FORD 6,565.76
112437 08/10/2022 749 THE COUNSELING TEAM 860.00
112438 08/10/2022 752 COUNTS, KENNETH 420.44
112439 08/10/2022 771 COVINA IRRIGATING CO 383,616.93
112440 08/10/2022 783 CITY OF COVINA WATER 62.55
112441 08/10/2022 5186 DaySmart Software 808.02
112442 08/10/2022 4960 Data Ticket, Inc. 484.00
112443 08/10/2022 875 DELL MARKETING L.P. 5,274.21
112444 08/10/2022 962 SUPERIOR COURT OF CALIFORNIA, CNTY OF LOS ANGELES 207.00 112445 08/10/2022 962 SUPERIOR COURT OF CALIFORNIA, CNTY OF LOS ANGELES 10,832.50 112446 08/10/2022 970 EDISON CO 86,268.39
112447 08/10/2022 4885 ELIE FARAH 16,731.00
112448 08/10/2022 4977 Enterprise FM Trust 4,277.92
112449 08/10/2022 5053 ENVIRONMENTAL SCIENCE ASSOCIATES 15,191.96 112450 08/10/2022 1075 WEX BANK 443.22
112451 08/10/2022 5245 THERESA FLORES-FRANKE 45.00
112452 08/10/2022 4455 FRONTIER 6,345.50
112453 08/10/2022 1156 THE GAS COMPANY 2,361.55
112454 08/10/2022 4883 Glendora Employment Agency, Inc 3,189.66 112455 08/10/2022 1198 GLOBALSTAR LLC 200.95
112456 08/10/2022 1204 GOLDEN STATE WATER COMPANY 1,096.55 112457 08/10/2022 1241 GRAND PRINTING 324.14
112458 08/10/2022 4979 GRBCON, Inc. 5,903.45
Attachment A Page 4 of 5 Page 5 of 6
CITY OF COVINA
Check Register
Jul 29, 2022 - Aug 11, 2022
Check # Check Date Vendor Name Amount
112459 08/10/2022 1317 HdL Coren & Cone 4,271.85
112460 08/10/2022 4062 HENRY E HUNTINGTON LIBRARY & ART GALLERY 713.00 112461 08/10/2022 1352 HINDERLITER DELLAMAS & ASSOC 6,290.05 112462 08/10/2022 3988 LANDSCAPE WAREHOUSE III 443.66
112463 08/10/2022 3751 KELLY ASSOCIATES MANAGEMENT GROUP 2,081.25 112464 08/10/2022 1561 KEYSTONE UNIFORM DEPOT 872.33
112465 08/10/2022 1612 LA CNTY DEPT OF PUBLIC WORKS 79.32 112466 08/10/2022 1620 LA CNTY TAX COLLECTOR 127.11
112467 08/10/2022 1663 LAW ENFORCEMENT MEDICAL 650.00
112468 08/10/2022 4833 Michael R. Hillmann 4,745.00
112469 08/10/2022 1941 MOBILE AIRE ESTATES 28.21
112470 08/10/2022 5228 ODP BUSINESS SOLUTIONS, LLC 852.74 112471 08/10/2022 99999 EDUARDO MARTINEZ 56.38
112472 08/10/2022 99999 EVELYN LEACH 484.26
112473 08/10/2022 99999 JAVIER ELENES 86.00
112474 08/10/2022 99999 JESUS SANCHEZ 28.82
112475 08/10/2022 99999 JOSEPH SEYLANI 15.00
112476 08/10/2022 99999 JUAN MIGUEL JIMENEZ 17.80
112477 08/10/2022 99999 LIN-HUY LU 20.96
112478 08/10/2022 99999 LING CHEN 76.00
112479 08/10/2022 99999 LOUIE GONZALES 54.89
112480 08/10/2022 99999 MAGDALINE LACROSSE 830.88
112481 08/10/2022 99999 MELISSA FLORES 48.05
112482 08/10/2022 99999 MOHAMMAD REZAMAND 55.55
112483 08/10/2022 99999 MUHAMMAD KAWARIT 50.07
112484 08/10/2022 99999 NOEL JIMENEZ 30.00
112485 08/10/2022 99999 SHANE SMITH 92.48
112486 08/10/2022 2275 POIRIER, ROBERT 48.89
112487 08/10/2022 2309 PROFESSIONAL ACCOUNT MANAGEMENT LLC 9,385.59 112488 08/10/2022 3964 RED WING BUSINESS ADVANTAGE ACCOUNT 2,396.92 112489 08/10/2022 2415 REPUBLIC MASTER CHEFS 645.57
112490 08/10/2022 4201 OFFICE TEAM - A ROBERT HALF COMPANY 2,376.00 112491 08/10/2022 5117 Steam It All LLC 550.00
112492 08/10/2022 5177 Stephen A. Mikulak, M.D. 600.00
112493 08/10/2022 4738 Support Solutions, Inc. 3,542.06 112494 08/10/2022 2790 SWANK MOTION PICTURES INC 516.25 112495 08/10/2022 2800 T MOBILE USA 100.00
112496 08/10/2022 2855 CHARTER COMMUNICATION 380.38
112497 08/10/2022 3185 TOSHIBA FINANCIAL SERVICES 1,216.30 112498 08/10/2022 5208 S&S TOOL & SUPPLY, INC. 18,622.45 112499 08/10/2022 4764 UniFirst Corporation 312.21
112500 08/10/2022 4354 UNITED STORM WATER INC 79,762.77 112501 08/10/2022 2955 US BANK 1,750.00
112502 08/10/2022 2958 USPS - POC ACCOUNT #8098154 1,171.91 112503 08/10/2022 3001 VERIZON WIRELESS 2,052.27
112504 08/10/2022 3102 WILLDAN FINANCIAL SERVICES 15,222.41 subtotal checks $2,113,993.15
voids (prior to current mo.) $ -
payroll (8/4/22) $ 959,531.54
workers' compensation $ 57,096.17
TOTAL checks/EFTs $3,402,417.41
Attachment A Page 5 of 5 Page 6 of 6
CC Regular Meeting
AGENDA ITEM REPORT
ITEM NO. CC 3
Meeting: CC Regular Meeting - Sep 06 2022
Title: Resolution Increasing the Police Department 2022-23 Budget by $74,000 for the Purchase of Various Equipment.
Presented By: David Povero, Chief of Police
Recommendation: Adopt Resolution CC 2022-92 increasing the Police Department 2022-23 Budget by $74,000 for the purchase of various equipment and upgrades for police operations.
EXECUTIVE SUMMARY / BACKROUND:
The proposed budget appropriation will utilize Supplemental Law Enforcement funds to purchase a variety of operational equipment for the Covina Police Department. As proposed, this equipment will help to ensure the safety of Department personnel and include additional body-worn cameras, helmets, ballistic shields, tasers, equipment management software and chairs. No general funds will be used to purchase these items.
DISCUSSION:
The Covina Police Department like all modern law enforcement agencies must keep up to date on equipment needs and technological advances for the sake of officer safety and operation effectiveness. From time to time, the police department will request appropriations to replace equipment and find solutions to improve operations.
Taser devices are a critical part of an officer's ability to incapacitate combative suspects allowing for apprehensions in a safe manner. The police department would like purchase 10 Tasers to replace the ones that have reached the end of their service life.
Covina police officers have been using body-worn cameras from Lenslock since 2020. The department needs an additional six cameras to be able to meet the goal of assigning a camera to every officer in the department from sergeants on down.
In addition, there is also a need to purchase fifteen new helmets and three ballistic shields to replace the ones used by the department for special response operations. Our current helmets and shields are old and have reached the end of their service life.
In terms of software, the Department will purchase the LEFTA system for tracking/monitoring the equipment and training needs of department personnel. This software will greatly assist staff in managing equipment assignments and the maintenance/replacement schedule. Likewise, LEFTA is capable of managing training schedules to better coordinate participation in required training classes mandated by the State of California.
Lastly, the Department will purchase two industrial grade chairs for the Dispatch section. These chairs are designed to be durable and comfortable for prolonged use as needed in a 24-hr operational setting.
FISCAL IMPACT:
No new General Fund appropriation is requested. Funding is available in the FY 2022-23 Supplemental Law Enforcement Services Account (SLESA) (Fund 2246). Resolution CC 2022-92 requests the appropriation of $74,000 from the SLESA fund to purchase items as stated above. SLESA funding is provided by the State of California to local agencies for the purposes of funding front-line enforcement activities to augment police services and operations. The proposed purchases as stated above would benefit police operations and thus supports the use of the SLESA funds.
CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):
Not applicable.
ATTACHMENTS:
Attachment A - Resolution CC 2022-92
Respectfully submitted,
RESOLUTION CC 2022-92
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COVINA, CALIFORNIA, INCREASING THE POLICE DEPARTMENT 2022-23
BUDGET BY $74,000 FOR THE PURCHASE OF VARIOUS EQUIPMENT
AND UPGRADES TO POLICE OPERATIONS
WHEREAS, The Covina Police Department would like to purchase items to enhance operations; and
WHEREAS, the purchase of these items includes the purchase of Tasers, body-worn cameras, helmets, ballistic shields, equipment management software and dispatch chairs; and WHEREAS, the total appropriation requested is $74,000 using the Supplemental Law Enforcement Services Account (SLESA) under Fund 2246; and WHEREAS, the reallocation of appropriations may be made by the City Manager, amendments (increases/decreases) to the Budget shall be by approval and Resolution of the City Council.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COVINA, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Funds as described above, is hereby appropriated by the City of Covina SECTION 2. Amend the fiscal year 2022-23 Police Department Budget as follows:
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 6
th day of September, 2022.
City of Covina, California
BY:
PATRICIA CORTEZ, Mayor
ATTEST:
___________________________________________
FABIAN VELEZ, Deputy City Clerk
Account Number Account Title Original Budget Increase Budget Amendment 2246 1130 54420 Tactical Equipment 0 $62,000 $62,000
2246 1450 52480 Comp Hardware/Software 0 $9,000 $9,000
2246 1410 55650 Office Equipment 0 $3,000 $3,000
Resolution CC 2022-92 Page 2 of 2
CERTIFICATION
I, Fabian Velez, Deputy City Clerk of the City of Covina, do hereby certify that Resolution CC 2022-92 was duly adopted by the City Council of the City of Covina at a regular meeting held on the 6
th day of September, 2022, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Dated:
____________________________________________
FABIAN VELEZ, Deputy City Clerk
CC Regular Meeting
AGENDA ITEM REPORT
ITEM NO. CC 4
Meeting: CC Regular Meeting - Sep 06 2022
Title: Approval of Memorandum of Understanding between the Los Angeles County Metropolitan Transportation Authority and the City of Covina for the Proposition A Discretionary Incentive Grant Program for Collecting and Reporting Data for the National Transit Database for Report Year 2020
Presented By: Andy Bullington, Director of Public Works Recommendation: Authorize the City Manager to execute the Memorandum of Understanding between the Los Angeles County Metropolitan Transportation Authority and the City of Covina for the Proposition A Discretionary Incentive Grant Program for Collecting and Reporting Data for the National Transit Database for Report Year 2020.
EXECUTIVE SUMMARY / BACKROUND:
The National Transit Database (NTD) is a federal program established by Congress which provides incentive funding to transit operators that follow federal reporting guidelines in the submittal of annual transportation related data to the Federal Transit Administration (FTA).
The City of Covina and many other cities within Los Angeles County operate fixed-route and Dial-A-Ride public transit services. Rather than require each city to report data unilaterally to the FTA, the Los Angeles County Metropolitan Transportation Authority (LACMTA) submits a consolidated NTD report to the FTA on behalf of 45+ cities. The data submitted by each of the local operators generates additional Federal Section 5307 transportation funds for the region. Once Congress apportions these funds, LACMTA enters into a Memorandum of Understanding (MOU) with each eligible city for their fair share of pertinent Section 5307 monies.
DISCUSSION:
In order to qualify for and receive Proposition A Discretionary Incentive funds, the City of Covina participates as a voluntary reporter in the NTD’s Demand Response Mode for Los Angeles County Small Operators by submitting Covina Transit data to the LACMTA and agreeing to an independent audit of Covina Transit operations by an independent audit firm contracted by LACMTA.
There is a two-year deferral in the receipt of Proposition A Discretionary Incentive funds and approval of the MOU (Attachment A) will allow the City to receive additional Proposition A funds as a result of the City’s successful passage of the FY 2019-20 operational audit. As a voluntary NTD reporter, the City is eligible to receive an incentive payment equal to the 54,151 revenue vehicle miles reported in FY2019-20 multiplied by the FTA unit value of $0.55708564 per revenue vehicle mile, resulting in a total payment of $30,167 in Proposition A Discretionary Incentive funds.
Additionally, LACMTA is paying voluntary NTD reporters one-time supplemental funds in conjunction with the CARES Act. Thus, LACMTA shall pay up to $17,438 in CARES Act equivalent Program Funds to Covina in an effort to support transit programs impacted by the COVID-19 pandemic.
Upon final execution of the MOU, City staff shall submit one invoice to LACMTA in the amount of $47,605 to comply with program requirements and receive requisite funds. LACMTA, in turn, will substitute local Proposition A monies for Federal Section 5307 monies as the source funds for payment to the City, which will be expended according to Proposition A and Proposition C Local Return Guidelines adopted by the LACMTA Board.
FISCAL IMPACT:
Participation will allow the City of Covina to receive $47,605 in Proposition A Discretionary Incentive funds from LACMTA for the successful completion of the FY 2019-20 NTD Program Report ($30,167), and one-time CARES Act equivalent Program Funds ($17,438). These funds will be deposited into the Proposition A NTD Incentive Transit Fund (2400-0000-42211) and can only be utilized for transportation expenses that qualify under Proposition A and Proposition C Local Return Guidelines adopted by the LACMTA Board.
CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):
The action is exempt from the provisions of the California Environmental Quality Act (CEQA).
ATTACHMENTS:
Attachment A - Covina FY22 Prop A Incentive NTD Voluntary Respectfully submitted,
MOUPAICOVI22000
PROPOSITION A DISCRETIONARY INCENTIVE GRANT PROGRAM
MEMORANDUM OF UNDERSTANDING
FOR COLLECTING AND REPORTING DATA FOR THE
NATIONAL TRANSIT DATABASE
FOR REPORT YEAR 2020
This Memorandum of Understanding (MOU) is entered into as of May 1, 2022 by and between Los Angeles County Metropolitan Transportation Authority (“LACMTA”) and the City of Covina (the “City”).
WHEREAS, on November 14, 1980, the voters of the County of Los Angeles approved by majority vote Proposition A, an ordinance establishing a one-half percent sales tax for public transit purposes; and
WHEREAS, at its September 26, 2001 meeting, the LACMTA authorized payment of Proposition A Discretionary Incentive funds to each participating agency in an amount equal to the Federal funds generated for the region by each agency’s reported data; and WHEREAS, at its June 24, 2021 meeting, LACMTA approved the Fiscal Year FY 2021-22 transit fund allocations, which included funds to make payments to all cities that voluntarily reported NTD data for FY 2019-20; and
WHEREAS, the City has voluntarily submitted their FY2019-20 data to the National Transit Database (NTD) and have successfully met all NTD and Federal Transit Administration (FTA) requirements in order to generate Federal 5307 funds for the Los Angeles County region; and
WHEREAS, the City has requested funds under the Proposition A Discretionary Incentive Program for collecting and reporting data for the NTD from the FY 2019-20 Report Year (the “Project”); and
WHEREAS, on March 15, 2022, the Federal Transit Administration (FTA) published in the Federal Register the FY 2021-22 Apportionments, Allocations, and Program Information including unit values for the data reported to the NTD; and WHEREAS, the parties desire to agree on the terms and conditions for payment for the Project.
NOW, THEREFORE, LACMTA and the City hereby agree to the following terms and procedures:
ATTACHMENT A
ARTICLE 1. TERM
1.0 This Memorandum of Understanding (“MOU”) will be in effect from May 1, 2022, through June 30, 2025 at which time all unused funds shall lapse.
ARTICLE 2. STANDARDS
2.0 To receive payment for the submittal of the FY 2019-20 NTD statistics, the City warrants that it:
A. Adhered to the Federal Guidelines for collecting and Reporting NTD statistics including all audit requirements;
B. Prepared and submitted the FY 2019-20 ANNUAL NTD REPORT of the City’s fixed-route and/or demand response transit service to the LACMTA on or before October 31, 2020;
ARTICLE 3. PAYMENT OF FUNDS TO CITY
3.0 LACMTA shall pay the City for collecting and reporting FY 2019-20 NTD statistics.
LACMTA shall pay the City for submitting the FY 2019-20 ANNUAL NTD REPORT for the applicable transit services as follows:
DIAL-A-RIDE SERVICE
For City’s dial-a-ride service, LACMTA shall pay an amount equal to the 54151 revenue vehicle miles reported by the City multiplied by the FTA unit value of
0.55708563998307614 per revenue vehicle mile. See Attachment A for detail.
CRRSAA ACT EQUIVALENT SUPPLEMENTAL FUNDING
LACMTA shall pay up to $17438.0506 in CRRSAA Act equivalent Program Funds to support transit programs that are impacted by the COVID-19 pandemic.
3.1 The City shall submit one invoice to LACMTA prior to June 30, 2025, in the amount of $47,605 to receive its payment described above.
3.2 INVOICE BY CITY:
Send invoice with supporting documentation to:
Los Angeles County Metropolitan Transportation Authority Accounts Payable
P. O. Box 512296
Los Angeles, CA 90051-0296
[email protected]
Re: LACMTA MOU# MOUPAICOVI22000 M.S. Chelsea Meister (99-4-3) ARTICLE 4. CONDITIONS
4.0 The City agrees to comply with all requirements specified by the FTA guidelines for reporting NTD statistics.
4.1 The City understands and agrees that LACMTA shall have no liability in connection with the City’s use of the funds. The City shall indemnify, defend, and hold harmless LACMTA and its officers, agents, and employees from and against any and all liability and expenses including defense costs and legal fees and claims for damages of any nature whatsoever, arising out of any act or omission of the City, its officers, agents, employees, and subcontractors in performing the services under this MOU.
4.2 The City is not a contractor, agent or employee of LACMTA. The City shall not represent itself as a contractor, agent or employee of LACMTA and shall have no power to bind LACMTA in contract or otherwise.
4.3 The City agrees that expenditure of the Proposition A Discretionary Incentive funds will be used for projects that meet the eligibility, administrative, audit and lapsing requirements of the Proposition A and Proposition C Local Return guidelines most recently adopted by the LACMTA Board.
4.4 These expenditures will be subject to AUDIT as part of LACMTA’s annual Consolidated Audit.
ARTICLE 5. REMEDIES
5.0 LACMTA reserves the right to terminate this MOU and withhold or recoup funds if it determines that the City has not met the requirements specified by the FTA for collecting and submitting NTD statistics through LACMTA.
ARTICLE 6. MISCELLANEOUS
6.0 This MOU constitutes the entire understanding between the parties, with respect to the subject matter herein.
6.1 The MOU shall not be amended, nor any provisions or breach hereof waived, except in writing signed by the parties who agreed to the original MOU or the same level of authority.
ARTICLE 7. CONTACT INFORMATION
7.0 LACMTA's Address:
Los Angeles County Metropolitan Transportation Authority One Gateway Plaza
Los Angeles, CA 90012
Attention: Chelsea Meister (99-21-3)
7.1 City’s Address:
Covina
125 E. College St.
Covina,CA 91723-2199
Attn: Raphael Guillen
[email protected]
IN WITNESS WHEREOF, the City and LACMTA have caused this MOU to be executed by their duly authorized representatives on the date noted below:
CITY:
City of Covina Los Angeles County Metropolitan
Transportation Authority
_________________________ By: ___________________________ STEPHANIE N. WIGGINS
Mayor/City Manager Chief Executive Officer
Date: ____________________ Date: _______________________ APPROVED AS TO FORM: APPROVED AS TO FORM:
DAWYN R. HARRISON
Acting County Counsel
By: _____________________ By: ____________________
Legal Counsel Deputy
Date: ____________________ Date: __________________
ATTACHMENT A
LACMTA Voluntary NTD Reporting Program for FY20
Using FY22 FTA Formula Programs Apportionment Data Values Jurisdiction MODE
Number of
Vehicles in
Operation
Total Vehicle
Revenue Miles $ from VRM
Tier II
Operator
Deduction
CRRSAA
Allocation
Amount
Total
($)Due to
Jurisdiction
Alhambra MB 8 102,410 57,051.14 77,146 134,197
Alhambra DR 7 167,428 93,271.73 93,272
Artesia DR (DT) 5 9,694 5,400.39 3,574 8,975
Azusa DR 6 71,068 39,590.96 26,792 66,383
Baldwin Park MB 6 208,342 116,064.34 65,991 182,055
Baldwin Park DR 2 28,492 15,872.48 15,872
Bell MB 1 32,826 18,286.89 15,889 34,176
Bell DR 9 21,572 12,017.45 12,017
Bellflower MB 2 71,226 39,678.98 27,429 67,108
Bellflower DR 2 19,908 11,090.46 11,090
Bell Gardens MB 3 98,337 54,782.13 42,177 96,960
Bell Gardens DR 3 30,829 17,174.39 17,174
Burbank MB 14 287,907 160,388.86 (23,294) 75,421 212,516 Calabasas MB 11 88,572 49,342.19 36,680 86,022
Calabasas DR 1 15,460 8,612.54 8,613
Carson MB 7 253,900 141,444.04 125,200 266,644
Carson DT 8 75,497 42,058.29 42,058
Cerritos MB 5 156,059 86,938.23 68,089 155,028
Cerritos DR 10 54,146 30,163.96 30,164
Compton MB 5 149,036 83,025.82 37,048 120,074
Compton DR 2 4,257 2,371.51 2,372
Covina DR 4 54,151 30,166.74 17,438 47,605
Cudahy MB 1 34,280 19,096.90 15,794 34,891
Cudahy DR 5 20,940 11,665.37 11,665
Downey MB 7 102,330 57,006.57 57,208 114,214
Downey DR 16 59,646 33,227.93 33,228
Duarte MB 2 DID NOT REPORT FOR 2020 - 17,940 -
El Monte MB 7 216,827 120,791.21 86,682 207,473
El Monte DR 6 66,759 37,190.48 37,190
Glendora MB 3 67,049 37,352.04 52,810 90,162
Glendora DR 10 71,360 39,753.63 39,754
Huntington Park MB 5 157,801 87,908.67 61,507 149,415
Huntington Park DT 13 70,022 39,008.25 39,008
LACDPWAvocado MB 1 38,404 21,394.32 11,155 32,549
LACDPWELA MB 6 244,735 136,338.35 91,280 227,619
LACDPWELA DR 7 49,933 27,816.96 27,817
LACDPWEast Valinda MB 1 44,216 24,632.10 12,553 37,185
LACDPWKing Medical MB 1 34,252 19,081.30 10,062 29,143
LACDPWWillowbrook Shuttle MB 2 79,283 44,167.42 23,433 67,600 LACDPWS.Whittier MB 4 218,008 121,449.13 58,266 179,715 LACDPWAthens MB 1 36,686 20,437.24 10,505 30,942
LACDPWLennox MB 31,213 17,388.31 8,230 25,619
LACDPWFloranceFirestone MB 2 58,784 32,747.72 13,772 46,520 Lakewood DR 12 61,282 34,139.32 17,851 51,991
Lawndale MB 2 67,033 37,343.12 22,357 59,701
Lynwood MB 4 138,136 76,953.58 38,805 115,758
Malibu DT 9 11,141 6,206.49 4,222 10,429
ManhattanBeach DR 4 34,824 19,399.95 13,961 33,361
Maywood MB 2 25,324 14,107.64 16,328 30,436
Maywood DR 2 16,227 9,039.83 9,040
MontereyPark MB 6 166,354 92,673.42 69,425 162,098
MontereyPark DR 3 22,225 12,381.23 12,381
Pico Rivera DR 3 13,398 7,463.83 5,909 13,373
Rosemead MB 2 109,666 61,093.35 50,154 111,247
Rosemead DR 3 31,691 17,654.60 17,655
Santa Fe Springs DR 2 15,045 8,381.35 5,719 14,100
South Gate MB 5 136,729 76,169.76 100,832 177,001
South Gate DT 9 152,831 85,139.96 85,140
SouthPasadena DR 5 25,672 14,301.50 10,154 24,456
WestCovina MB 4 168,146 93,671.72 64,915 158,587
WestCovina DR 4 51,844 28,881.55 28,882
West Hollywood MB 4 115,521 64,355 32,600 96,955
Total 306 4,951,213 2,758,250 (23,294) 1,603,304 4,287,719 FY22 Revenue Mile Rate 0.55708564
CC Regular Meeting
AGENDA ITEM REPORT
ITEM NO. CC 5
Meeting: CC Regular Meeting - Sep 06 2022
Title: Approve and Make AB 361 Findings for Special Brown Act Requirements for Teleconference Meetings
Presented By: Chris Marcarello, City Manager
Recommendation: Approve and make the following findings so that meetings of the City Council and the City’s Other Legislative Bodies are authorized to meet remotely in accordance with AB 361’s special Brown Act requirements for teleconference meetings: (1) the City Council has reconsidered the circumstances of the COVID-19 state of emergency; and (2) state and local officials continue to recommend measures to promote social distancing.
EXECUTIVE SUMMARY:
This item is on the agenda so that the City Council and the other legislative bodies of the City, including the Successor Agency to the Covina Redevelopment Agency, the Covina Public Financing Authority, the Covina Housing Authority, the Planning Commission, the Parks and Recreation Commission, the Traffic and Parking Advisory Commission, the Finance Advisory Commission and the Library Board of Trustees (collectively “City’s Other Legislative Bodies”) may meet virtually pursuant to Assembly Bill (“AB”) 361’s special Brown Act requirements for teleconference meetings. These special requirements give local public agencies greater flexibility to conduct teleconference meetings when there is a declared state of emergency and either social distancing is mandated or recommended, or when the legislative body determines an in-person meeting would present imminent risks to the health and safety of attendees.
BACKGROUND:
On March 4, 2020, Governor Newsom proclaimed a state of emergency to exist in California due to the spread of COVID-19. The Governor subsequently issued numerous executive orders suspending or modifying state laws to facilitate the response to the emergency. Among other things, these executive orders superseded certain Brown Act requirements and established special rules to give local public agencies greater flexibility to conduct teleconference meetings. The special rules included provisions allowing local public agencies to conduct teleconference meetings without having to provide a physical location from which the public may attend or comment, without having to use teleconference locations that are publicly accessible, and without having to identify teleconference locations on the agenda. Those special rules expired on September 30, 2021.
On September 16, 2021, in anticipation of then-imminent expiration of his special rules for teleconference meetings, the Governor signed AB 361. In key part, this bill amends the Brown Act to establish special requirements for teleconference meetings if a legislative body of a local public agency makes two findings pursuant to Government Code Section 54953(e)(3). Like the special rules in the Governor’s executive orders, the special Brown Act requirements in AB 361 include provisions allowing public agencies to conduct teleconference meetings without having to provide a physical location from which the public may attend or comment, without having to use teleconference locations that are publicly accessible, and without having to identify teleconference locations on the agenda. The AB 361 special Brown Act requirements are scheduled to be repealed on January 1, 2024.
An agency may hold a public meeting under AB 361 under certain specified circumstances, including if it is held during a proclaimed state of emergency and state or local officials have imposed or recommended measures to promote social distancing. As discussed below, the declared emergency is still in effect and Los Angeles County officials recommend measures to promote social distancing.
In order for a local public agency to continue to be subject to the AB 361 special Brown Act requirements for teleconference meetings, a legislative body of a local public agency first must make a finding that it has “reconsidered” the circumstances of a declared state of emergency. Second, the legislative body must find that such emergency continues to directly impact the ability of the legislative body’s members to meet in person.
Alternatively, for the second finding, the legislative body must find that state or local officials continue to impose or recommend social distancing measures. These findings must be made again within 30 days and on a monthly basis thereafter.
The City Council last made these findings on August 16, 2022.
DISCUSSION:
The City Council and the City’s Other Legislative Bodies have met remotely or in a hybrid meeting format throughout the pandemic to protect the health and safety of the public and staff pursuant to these requirements.
The factual circumstances exist for the City to hold meetings pursuant to AB 361. The declared emergency is still in effect. Furthermore, Los Angeles County officials recommend measures to promote social distancing. The Los Angeles County Department of Public Health Order Responding Together at Work and in the Community recommends physical distancing. The County Health Department encourages people at risk for severe illness or death from COVID-19 to take protective measures such as social distancing and, for those not yet fully vaccinated, to physically distance from others whose vaccination status is unknown. The County Health Department also continues to recommend that employers take steps to support physical distancing and that people maintain physical distancing to prevent COVID transmission in public settings. See http://publichealth.lacounty.gov/media/Coronavirus/docs/HOO/HOO_SaferReturnWorkCommunity.pdf and http://publichealth.lacounty.gov/acd/ncorona2019/docs/PreventionPublicSettings.pdf.
Therefore, staff recommends the City Council approve and make the following findings so that meetings of the City Council and the City’s Other Legislative Bodies are authorized to be conducted remotely in accordance with AB 361 and subject to the special Brown Act requirements for teleconference meetings: (1) the City Council has reconsidered the circumstances of the COVID-19 state of emergency; and (2) state or local officials continue to recommend measures to promote social distancing.
If the Council makes the findings and confirms that the City's Legislative Bodies will be meeting during a proclaimed state of emergency and state or local officials have imposed or recommended measures to promote social distancing, the City Council should make these findings again within 30 days to continue to be subject to the AB 361 special Brown Act requirements.
FISCAL IMPACT:
None.
CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):
The City has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a “Project” as defined under Section 15378 of the State CEQA Guidelines; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is necessary.
Respectfully submitted,
CC Regular Meeting
AGENDA ITEM REPORT
ITEM NO. CC 6
Meeting: CC Regular Meeting - Sep 06 2022
Title: Adopt Resolution CC 2022-93 to Establish a New Classification and Salary Range for Recreation and Library Services Manager within the Mid-Management, Supervisory and Professional, and Confidential and Technical Employees Compensation Rules Presented By: Suzanne Stone, Human Resources Manager
Anita Agramonte, Director of Administrative Services
Lisa Evans, Director of Parks & Recreation and Library Services Recommendation: That the City Council adopt Resolution CC 2022-93 to establish a new job classification and salary range for Recreation and Library Services Manager within the MidManagement, Supervisory and Professional, and Confidential and Technical Employees (Unaffiliated) Compensation Rules.
EXECUTIVE SUMMARY:
The current approved personnel budget for full-time regular positions in the Parks and Recreation Department includes one (1) Recreation and Library Services Manager position. It is recommended that City Council approve establishing the position and salary range for the classification of Recreation and Library Services Manager in the Parks & Recreation and Library Services Department. Funding for the position was included in the City's Fiscal Year 2023 budget, approved by City Council on May 17, 2022. The job specification and salary schedule are attached with Resolution CC 2022-93 as Exhibit A hereto.
BACKGROUND:
On July 6, 2021, City Council approved the Mid-Management, Supervisory and Professional, and Confidential and Technical Employees (Unaffiliated) Compensation Rules, including Section 3. Covered Classifications. The Resolution for the new Recreation and Library Services Manager job classifications and salary range will amend Section 3 of the Unaffiliated Compensation Rules to include this new job classification.
DISCUSSION:
Human Resources continues to review the operating structure and job classifications in the City’s departments to ensure competitiveness with the labor market and address changing operational needs. A review of the current staffing needs in the Parks & Recreation and Library Services Department was conducted. Based on the review, it was determined that the change being recommended herein is necessary to support the current needs of each department's operations and the public they serve. This will also support succession planning for the City and provide a better career ladder for employees.
FISCAL IMPACT:
This position was included and approved in the Department’s Fiscal Year 2023 budget, which was approved by City Council on May 17, 2022 and should therefore have no fiscal impact beyond what has already been approved.
CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):
Not applicable.
ATTACHMENTS:
Attachment A - Resolution CC 2022-93
Respectfully submitted,
RESOLUTION CC 2022-93
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COVINA,
CALIFORNIA, ESTABLISHING THE RECREATION AND LIBRARY
SERVICES MANAGER JOB CLASSIFICATION AND SALARY RANGE
AND AMENDING THE MID-MANAGEMENT, SUPERVISORY AND
PROFESSIONAL, AND CONFIDENTIAL AND TECHNICAL
EMPLOYEES COMPENSATION RULES AND SALARY SCHEDULES
TO INCLUDE THE RECREATION AND LIBRARY SERVICES
MANAGER CLASSIFICATION
WHEREAS, the City of Covina (“City”) is a municipal corporation duly organized and existing pursuant to the Constitution and laws of the State of California; and WHEREAS, the Parks & Recreation and Library Services Department and the Human Resources Department desire to establish a new job classification and salary range for Recreation and Library Services Manager, revising Sections 3.B. and 3.C. of the Mid-Management, Supervisory and Professional, and Confidential and Technical Employees Compensation Rules (Unaffiliated).
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COVINA, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City Council approves and authorizes the Human Resources Manager to establish the amendment as follows:
A. Effective September 6, 2022, the job classification of Recreation and Library Services Manager shall be established.
B. Effective September 6, 2022, the monthly salary range shall be added within the salary schedule for fulltime Mid-Management employees starting at $8,065.01 (Step 1) to $10,807.89 (Step 7). The job description is attached hereto as Exhibit A. The amended Unaffiliated Salary Schedules with the new salary range are attached hereto as Exhibit B.
SECTION 2. 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 6th day of September, 2022.
City of Covina, California
BY:
PATRICIA CORTEZ, Mayor
Resolution CC 2022-93 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 2022-93 was duly adopted by the City Council of the City of Covina at a regular meeting held on the 6th day of September, 2022, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Dated:
____________________________________________
FABIAN VELEZ, Deputy City Clerk
EXHIBIT A
CITY OF COVINA
RECREATION AND LIBRARY SERVICES MANAGER
DEFINITION:
Under general direction, assists the Director of Parks & Recreation and Library Services in the administration and management of all the department’s operating divisions; supervises assigned personnel; assists with the management of the department’s budget and all personnel related issues; work schedule may include evenings and weekends; and performs other related duties as required.
DISTINGUISHING CHARACTERISTICS:
The Recreation and Library Services Manager is the administrative management level class responsible for managing, coordinating and directing functions within the Parks and Recreation and Library Services Department. This class is distinguished from the next higher classification of Director of Parks and Recreation and Library Services in that the latter is responsible for overall management of the Department.
SUPERVISION RECEIVED/EXERCISED:
Receives general direction from the Director of Parks and Recreation and Library Services.
Exercises direct and indirect supervision over assigned staff and volunteers.
ESSENTIAL FUNCTIONS: (include but are not limited to the following) • Oversees functions within various divisions of the Parks and Recreation and Library Services Department, including ensuring department programs, events and services are carried out in a quality manner; supervises, trains and evaluates staff; and prepares and conducts staff meetings and trainings; assists in the development of staff handbooks. • Participates in the Department’s recruitment and selection process. • Assists in managing and addressing human resources issues; motivates and mentors staff; engages in performance management to develop staff and resolve performance deficiencies. • Analyzes and makes recommendations on department policies and procedures; • May directly supervise one or more divisions within the department.
Class specifications are only intended to present a descriptive summary of the range of duties and responsibilities associated with specified positions. Therefore, specifications may not include all duties performed by individuals within a classification. In addition, specifications are intended to outline the minimum qualifications necessary for entry into the class and do not necessarily convey the qualifications of incumbents within the position.
• Develops, tracks, and analyzes division budgets; attends budget meetings with Finance and City Manager and attends City Council budget sessions; completes various financial reports; • Participates in the coordination and supervision of the department’s customer service delivery; responds to public inquiries; participates in community outreach efforts; resolves problems and complaints.
• Prepares City Council agenda items and attends City Council meetings as required. • May serve as liaison to and/or attend meetings of the Parks & Recreation Commission, Library Board of Directors, or other organizations and associations. • May be responsible for managing social media and public information for one or more divisions in the Department.
• Stays abreast of current trends in Parks & Recreation and Library services and makes recommendations for changes and improvements to current and existing programs and services. • Oversees Department operations in the absence of the Director of Parks and Recreation. • Completes special projects as assigned by the Director of Parks and Recreation. • Establishes positive working relationships with representatives of community organizations, state/local agencies, City management and staff, and the public.
PHYSICAL, MENTAL AND ENVIRONMENTAL WORKING CONDITIONS:
Physical
Position requires prolonged sitting, standing, walking, reaching, twisting, turning, kneeling, bending, squatting and stooping in the performance of daily activities. The position also requires grasping, repetitive hand movement and fine coordination in preparing statistical reports and data using a computer keyboard. Additionally, the position requires near and far vision in reading correspondence and statistical data and using a computer. Acute hearing is required when providing phone and personal service. The need to lift, drag and push files, paper and documents weighing up to 25 pounds, as well as speech sufficient to communicate in group settings without the aid of a microphone, is also required.
Mental
Operations require almost continuous attention. Incumbents are required to use written and oral communication skills, read and interpret data, information and documents; analyze and solve problems; use math and mathematical reasoning; observe and interpret situations; learn and apply new information or new skills; perform highly detailed work on multiple, concurrent tasks; work under deadlines with constant interruptions; and interact with City management, staff, the public and others encountered in the course of work.
Environmental
Work is performed in a standard office setting. Environment is generally indoors and clean, with limited exposure to dust, fumes, odors or noise.
Some of these requirements may be accommodated for otherwise qualified individuals requiring and requesting such accommodations.
QUALIFICATIONS: (The following are minimal qualifications necessary for entry into the classification.)
Education and/or Experience:
Any combination of education and experience that has provides the knowledge, skills and abilities necessary for a Recreation and Library Services Manager. A typical way of obtaining the required qualifications is to possess the equivalent of three (3) years of broad and extensive experience in recreation and/or library program supervision, coordination, and management, including at least two (2) years at a supervisory level, and a bachelor’s degree in recreation and leisure studies, library services, public administration, , or a related field.
License/Certificate:
Possess and maintain a valid class C California driver’s license and a satisfactory driving record.
KNOWLEDGE/ABILITIES/SKILLS: (The following are a representative sample of the KAS’s necessary to perform essential duties of the position.) Knowledge of:
Modern principles and techniques of organization, office management, supervision and training; principles and practices of planning, accounting and coordinating a variety of office functions; fiscal record keeping and processing; basic principles of mathematics; applicable federal, state and local laws, codes and regulations; rules, regulations and policies affecting and related to recreation activities and programs; methods and techniques of scheduling work assignments and facility usage; standard office procedures, practices and equipment; modern office equipment, including a computer and applicable software; methods and techniques for recordkeeping and report preparation and writing; proper English, spelling and grammar; occupational hazards and standard safety practices.
Ability to:
Manage, plan, organize, and coordinate department programs and services; work flexible hours, including evenings and weekends as needed; analyze assigned responsibilities and develop and recommend appropriate responses; learn more complex principles, practices, techniques, and regulations pertaining to assigned duties; implement, explain and apply applicable laws, codes and regulations; plan and lead the work of assigned staff and volunteers; read, interpret and record data accurately; organize, prioritize and follow-up on work assignments; work independently and as part of a team; make sound decisions within established guidelines; analyze a complex issue, and develop and implement an appropriate response; follow written and oral directions; observe safety principles, work in a safe manner and enforce safety rules; communicate effectively, both orally and in writing; establish and maintain effective working relationships.
Skill to:
Operate an office computer and a variety of software applications.
REPRESENTATION: UNAFFILIATED
CLASSIFICATION: MID-MANAGEMENT
CREATED: 9/06/22
EXHIBIT B
CITY OF COVINA
MID-MANAGEMENT, SUPERVISORY AND PROFESSIONAL, AND
CONFIDENTIAL AND TECHNICAL EMPLOYEES
SALARY SCHEDULE EFFECTIVE JULY 2, 2022
CODE DESCRIPTION STEP HOURLY MONTHLY ANNUAL
6410 ACCOUNTANT 1 $ 28.33 $ 4,910.95 $ 58,931.42
2 $ 29.75 $ 5,157.03 $ 61,884.40
3 $ 31.24 $ 5,415.15 $ 64,981.84
4 $ 32.80 $ 5,685.31 $ 68,223.71
5 $ 34.44 $ 5,970.18 $ 71,642.11
6 $ 36.17 $ 6,268.69 $ 75,224.22
7 $ 37.97 $ 6,582.12 $ 78,985.44
6270 ACCOUNTING SUPERVISOR 1 $ 37.98 $ 6,583.82 $ 79,005.85 2 $ 39.88 $ 6,913.01 $ 82,956.14
3 $ 41.88 $ 7,258.66 $ 87,103.95
4 $ 43.97 $ 7,621.60 $ 91,459.15
5 $ 46.17 $ 8,002.68 $ 96,032.11
6 $ 48.48 $ 8,402.81 $ 100,833.72
7 $ 50.90 $ 8,822.95 $ 105,875.41
6020 ADMINISTRATIVE TECHNICIAN 1 $ 22.99 $ 3,985.47 $ 47,825.60 6543 2 $ 24.14 $ 4,184.74 $ 50,216.87
3 $ 25.35 $ 4,393.37 $ 52,720.50
4 $ 26.61 $ 4,612.71 $ 55,352.50
5 $ 27.95 $ 4,844.08 $ 58,128.97
6 $ 29.34 $ 5,086.28 $ 61,035.42
7 $ 30.81 $ 5,340.60 $ 64,087.19
6460 BUILDING OFFICIAL 1 $ 42.97 $ 7,447.59 $ 89,371.04 2 $ 45.12 $ 7,820.38 $ 93,844.56
3 $ 47.37 $ 8,211.05 $ 98,532.66
4 $ 49.74 $ 8,620.99 $ 103,451.87
5 $ 52.23 $ 9,052.93 $ 108,635.19
6 $ 54.84 $ 9,505.58 $ 114,066.95
7 $ 57.58 $ 9,980.86 $ 119,770.30
8025 CHIEF DEPUTY CITY CLERK 1 $ 47.34 $ 8,205.65 $ 98,467.86 8525 2 $ 49.71 $ 8,615.94 $ 103,391.25
3 $ 52.19 $ 9,046.73 $ 108,560.81
4 $ 54.80 $ 9,499.07 $ 113,988.85
5 $ 57.54 $ 9,974.02 $ 119,688.30
6 $ 60.42 $ 10,472.73 $ 125,672.71
7 $ 63.44 $ 10,996.36 $ 131,956.35
6470 CITY ENGINEER 1 $ 56.36 $ 9,768.20 $ 117,218.44
2 $ 59.17 $ 10,256.61 $ 123,079.38
3 $ 62.13 $ 10,769.45 $ 129,233.35
4 $ 65.24 $ 11,307.92 $ 135,695.01
5 $ 68.50 $ 11,873.31 $ 142,479.76
6 $ 71.92 $ 12,466.98 $ 149,603.74
7 $ 75.52 $ 13,090.33 $ 157,083.93
CITY OF COVINA
MID-MANAGEMENT, SUPERVISORY AND PROFESSIONAL, AND
CONFIDENTIAL AND TECHNICAL EMPLOYEES
SALARY SCHEDULE EFFECTIVE JULY 2, 2022
CODE DESCRIPTION STEP HOURLY MONTHLY ANNUAL
6040 DEPUTY CITY CLERK 1 $ 28.13 $ 4,875.19 $ 58,502.22 2 $ 29.53 $ 5,118.67 $ 61,424.04
3 $ 31.01 $ 5,374.53 $ 64,494.40
4 $ 32.55 $ 5,642.78 $ 67,713.36
5 $ 34.18 $ 5,924.78 $ 71,097.36
6 $ 35.89 $ 6,221.02 $ 74,652.23
7 $ 37.69 $ 6,532.07 $ 78,384.84
6135 ENVIRONMENTAL SERVICES ANALYST 1 $ 34.02 $ 5,897.32 $ 70,767.82 2 $ 35.72 $ 6,192.18 $ 74,306.22
3 $ 37.51 $ 6,501.79 $ 78,021.54
4 $ 39.39 $ 6,826.88 $ 81,922.61
5 $ 41.37 $ 7,170.35 $ 86,044.22
6 $ 43.44 $ 7,528.87 $ 90,346.43
7 $ 45.61 $ 7,905.31 $ 94,863.75
6132 ENVIRONMENTAL SERVICES 1 $ 41.22 $ 7,144.95 $ 85,739.43 AND TRANSPORTATION MANAGER 2 $ 43.28 $ 7,501.24 $ 90,014.84 3 $ 45.44 $ 7,876.78 $ 94,521.37
4 $ 47.71 $ 8,270.21 $ 99,242.48
5 $ 50.10 $ 8,684.27 $ 104,211.20
6 $ 52.61 $ 9,118.48 $ 109,421.76
7 $ 55.24 $ 9,574.40 $ 114,892.84
6140 EQUIPMENT MAINTENANCE 1 $ 32.01 $ 5,548.89 $ 66,586.71 SUPERVISOR 2 $ 33.62 $ 5,827.07 $ 69,924.88
3 $ 35.30 $ 6,118.63 $ 73,423.54
4 $ 37.06 $ 6,423.56 $ 77,082.67
5 $ 38.92 $ 6,745.87 $ 80,950.45
6 $ 40.86 $ 7,083.16 $ 84,997.97
7 $ 42.91 $ 7,437.32 $ 89,247.87
6027 EXECUTIVE ASSISTANT TO 1 $ 28.06 $ 4,864.14 $ 58,369.70 THE CITY MANAGER 2 $ 29.47 $ 5,107.55 $ 61,290.60
3 $ 30.94 $ 5,362.99 $ 64,355.93
4 $ 32.48 $ 5,630.47 $ 67,565.69
5 $ 34.11 $ 5,912.67 $ 70,952.01
6 $ 35.82 $ 6,208.30 $ 74,499.61
7 $ 37.61 $ 6,518.72 $ 78,224.59
6028 EXECUTIVE ASSISTANT TO 1 $ 28.06 $ 4,864.14 $ 58,369.70 THE POLICE CHIEF 2 $ 29.47 $ 5,107.55 $ 61,290.60
3 $ 30.94 $ 5,362.99 $ 64,355.93
4 $ 32.48 $ 5,630.47 $ 67,565.69
5 $ 34.11 $ 5,912.67 $ 70,952.01
6 $ 35.82 $ 6,208.30 $ 74,499.61
7 $ 37.61 $ 6,518.72 $ 78,224.59
CITY OF COVINA
MID-MANAGEMENT, SUPERVISORY AND PROFESSIONAL, AND
CONFIDENTIAL AND TECHNICAL EMPLOYEES
SALARY SCHEDULE EFFECTIVE JULY 2, 2022
CODE DESCRIPTION STEP HOURLY MONTHLY ANNUAL
6070 FINANCE MANAGER 1 $ 51.98 $ 9,010.00 $ 108,119.95
2 $ 54.58 $ 9,459.74 $ 113,516.94
3 $ 57.30 $ 9,932.67 $ 119,191.99
4 $ 60.17 $ 10,430.12 $ 125,161.38
5 $ 63.18 $ 10,950.73 $ 131,408.81
6 $ 66.34 $ 11,498.27 $ 137,979.25
7 $ 69.65 $ 12,073.18 $ 144,878.22
6124 GIS ANALYST 1 $ 34.67 $ 6,009.75 $ 72,117.04
2 $ 36.41 $ 6,311.68 $ 75,740.20
3 $ 38.23 $ 6,627.08 $ 79,524.90
4 $ 40.14 $ 6,957.85 $ 83,494.23
5 $ 42.15 $ 7,305.94 $ 87,671.25
6 $ 44.26 $ 7,671.23 $ 92,054.82
7 $ 46.47 $ 8,054.80 $ 96,657.56
6315 HUMAN RESOURCES ANALYST 1 $ 31.21 $ 5,410.30 $ 64,923.61 2 $ 32.78 $ 5,681.29 $ 68,175.54
3 $ 34.41 $ 5,964.67 $ 71,576.08
4 $ 36.13 $ 6,263.18 $ 75,158.18
5 $ 37.94 $ 6,576.82 $ 78,921.87
6 $ 39.84 $ 6,905.66 $ 82,867.96
7 $ 41.83 $ 7,250.95 $ 87,011.35
6320 HUMAN RESOURCES MANAGER 1 $ 51.98 $ 9,010.00 $ 108,119.95 2 $ 54.58 $ 9,459.74 $ 113,516.94
3 $ 57.30 $ 9,932.67 $ 119,191.99
4 $ 60.17 $ 10,430.12 $ 125,161.38
5 $ 63.18 $ 10,950.73 $ 131,408.81
6 $ 66.34 $ 11,498.27 $ 137,979.25
7 $ 69.65 $ 12,073.18 $ 144,878.22
6185 INFORMATION TECHNOLOGY 1 $ 47.46 $ 8,226.38 $ 98,716.54 SERVICES MANAGER 2 $ 49.83 $ 8,636.96 $ 103,643.52
3 $ 52.32 $ 9,068.94 $ 108,827.33
4 $ 54.94 $ 9,522.32 $ 114,267.88
5 $ 57.68 $ 9,998.44 $ 119,981.28
6 $ 60.57 $ 10,498.36 $ 125,980.34
7 $ 63.60 $ 11,023.28 $ 132,279.35
6148 LIBRARIAN I 1 $ 30.23 $ 5,240.00 $ 62,880.00
2 $ 31.74 $ 5,502.00 $ 66,024.00
3 $ 33.33 $ 5,777.10 $ 69,325.20
4 $ 35.00 $ 6,065.96 $ 72,791.46
5 $ 36.75 $ 6,369.25 $ 76,431.03
6 $ 38.58 $ 6,687.72 $ 80,252.58
7 $ 40.51 $ 7,022.10 $ 84,265.21
CITY OF COVINA
MID-MANAGEMENT, SUPERVISORY AND PROFESSIONAL, AND
CONFIDENTIAL AND TECHNICAL EMPLOYEES
SALARY SCHEDULE EFFECTIVE JULY 2, 2022
CODE DESCRIPTION STEP HOURLY MONTHLY ANNUAL
6149 LIBRARIAN II 1 $ 32.58 $ 5,646.85 $ 67,762.20
2 $ 34.21 $ 5,929.19 $ 71,150.31
3 $ 35.92 $ 6,225.65 $ 74,707.83
4 $ 37.71 $ 6,536.94 $ 78,443.22
5 $ 39.60 $ 6,863.78 $ 82,365.38
6 $ 41.58 $ 7,206.97 $ 86,483.65
7 $ 43.66 $ 7,567.32 $ 90,807.83
6147 LIBRARY MANAGER 1 $ 46.53 $ 8,065.01 $ 96,780.16
2 $ 48.86 $ 8,468.26 $ 101,619.16
3 $ 51.30 $ 8,891.68 $ 106,700.12
4 $ 53.86 $ 9,336.26 $ 112,035.12
5 $ 56.56 $ 9,803.07 $ 117,636.89
6 $ 59.38 $ 10,293.23 $ 123,518.74
7 $ 62.35 $ 10,807.89 $ 129,694.67
6146 LIBRARY SERVICES SUPERVISOR 1 $ 36.13 $ 6,262.94 $ 75,155.23 2 $ 37.93 $ 6,574.67 $ 78,895.99
3 $ 39.83 $ 6,903.71 $ 82,844.56
4 $ 41.82 $ 7,248.50 $ 86,982.06
5 $ 43.92 $ 7,612.19 $ 91,346.30
6 $ 46.11 $ 7,992.80 $ 95,913.61
7 $ 48.42 $ 8,392.44 $ 100,709.29
6141 LITERACY PROGRAM COORDINATOR 1 $ 31.99 $ 5,545.11 $ 66,541.32 6142 2 $ 33.59 $ 5,821.61 $ 69,859.31
3 $ 35.27 $ 6,113.24 $ 73,358.88
4 $ 37.03 $ 6,418.63 $ 77,023.52
5 $ 38.89 $ 6,740.52 $ 80,886.25
6 $ 40.83 $ 7,077.55 $ 84,930.56
7 $ 42.87 $ 7,431.42 $ 89,177.09
6150 MANAGEMENT ANALYST 1 $ 31.21 $ 5,410.30 $ 64,923.61 6550 2 $ 32.78 $ 5,681.29 $ 68,175.54
3 $ 34.41 $ 5,964.67 $ 71,576.08
4 $ 36.13 $ 6,263.18 $ 75,158.18
5 $ 37.94 $ 6,576.82 $ 78,921.87
6 $ 39.84 $ 6,905.66 $ 82,867.96
7 $ 41.83 $ 7,250.95 $ 87,011.35
6161 MANAGEMENT ANALYST TRAINEE 1 $ 25.92 $ 4,492.34 $ 53,908.12 6160 2 $ 27.21 $ 4,717.03 $ 56,604.34
3 $ 28.57 $ 4,952.41 $ 59,428.93
4 $ 30.00 $ 5,199.83 $ 62,397.96
5 $ 31.50 $ 5,459.29 $ 65,511.43
6 $ 33.07 $ 5,732.25 $ 68,787.00
7 $ 34.72 $ 6,018.86 $ 72,226.35
CITY OF COVINA
MID-MANAGEMENT, SUPERVISORY AND PROFESSIONAL, AND
CONFIDENTIAL AND TECHNICAL EMPLOYEES
SALARY SCHEDULE EFFECTIVE JULY 2, 2022
CODE DESCRIPTION STEP HOURLY MONTHLY ANNUAL
6356 PARKS AND BUILDING SUPERINTENDENT 1 $ 36.13 $ 6,262.94 $ 75,155.23 2 $ 37.94 $ 6,576.08 $ 78,913.00
3 $ 39.84 $ 6,904.89 $ 82,858.65
4 $ 41.83 $ 7,250.13 $ 87,001.58
5 $ 43.92 $ 7,612.64 $ 91,351.66
6 $ 46.12 $ 7,993.27 $ 95,919.24
7 $ 48.42 $ 8,392.93 $ 100,715.20
6230 PARKS AND RECREATION MANAGER 1 $ 46.53 $ 8,065.01 $ 96,780.16 2 $ 48.86 $ 8,468.26 $ 101,619.16
3 $ 51.30 $ 8,891.68 $ 106,700.12
4 $ 53.86 $ 9,336.26 $ 112,035.12
5 $ 56.56 $ 9,803.07 $ 117,636.89
6 $ 59.38 $ 10,293.23 $ 123,518.74
7 $ 62.35 $ 10,807.89 $ 129,694.67
6105 PARKS AND RECREATION SUPERVISOR 1 $ 36.13 $ 6,262.94 $ 75,155.23 2 $ 37.93 $ 6,574.67 $ 78,895.99
3 $ 39.83 $ 6,903.71 $ 82,844.56
4 $ 41.82 $ 7,248.50 $ 86,982.06
5 $ 43.92 $ 7,612.19 $ 91,346.30
6 $ 46.11 $ 7,992.80 $ 95,913.61
7 $ 48.42 $ 8,392.44 $ 100,709.29
6190 PARKS MAINTENANCE SUPERVISOR 1 $ 36.13 $ 6,262.94 $ 75,155.23 2 $ 37.93 $ 6,574.67 $ 78,895.99
3 $ 39.83 $ 6,903.71 $ 82,844.56
4 $ 41.82 $ 7,248.50 $ 86,982.06
5 $ 43.92 $ 7,612.19 $ 91,346.30
6 $ 46.11 $ 7,992.80 $ 95,913.61
7 $ 48.42 $ 8,392.44 $ 100,709.29
6055 PAYROLL TECHNICIAN 1 $ 26.67 $ 4,622.87 $ 55,474.49 2 $ 28.00 $ 4,854.01 $ 58,248.17
3 $ 29.40 $ 5,096.71 $ 61,160.54
4 $ 30.87 $ 5,351.56 $ 64,218.68
5 $ 32.42 $ 5,619.13 $ 67,429.51
6 $ 34.04 $ 5,900.08 $ 70,800.99
7 $ 35.74 $ 6,195.09 $ 74,341.04
6120 PERMIT TECHNICIAN 1 $ 24.64 $ 4,270.32 $ 51,243.78 2 $ 25.87 $ 4,483.83 $ 53,805.98
3 $ 27.16 $ 4,708.02 $ 56,496.28
4 $ 28.52 $ 4,943.42 $ 59,321.09
5 $ 29.95 $ 5,190.60 $ 62,287.15
6 $ 31.44 $ 5,450.13 $ 65,401.51
7 $ 33.02 $ 5,722.63 $ 68,671.58
CITY OF COVINA
MID-MANAGEMENT, SUPERVISORY AND PROFESSIONAL, AND
CONFIDENTIAL AND TECHNICAL EMPLOYEES
SALARY SCHEDULE EFFECTIVE JULY 2, 2022
CODE DESCRIPTION STEP HOURLY MONTHLY ANNUAL
6233 PUBLIC WORKS MANAGER 1 $ 47.93 $ 8,307.64 $ 99,691.74 2 $ 50.33 $ 8,723.03 $ 104,676.33
3 $ 52.84 $ 9,159.18 $ 109,910.14
4 $ 55.48 $ 9,617.14 $ 115,405.66
5 $ 58.26 $ 10,097.99 $ 121,175.94
6 $ 61.17 $ 10,602.89 $ 127,234.74
7 $ 64.23 $ 11,133.04 $ 133,596.47
6035 RECORDS TECHNICIAN 1 $ 24.14 $ 4,184.75 $ 50,216.96 2 $ 25.35 $ 4,393.97 $ 52,727.63
3 $ 26.61 $ 4,613.06 $ 55,356.66
4 $ 27.94 $ 4,843.35 $ 58,120.17
5 $ 29.34 $ 5,086.28 $ 61,035.37
6 $ 30.81 $ 5,340.59 $ 64,087.14
7 $ 32.35 $ 5,607.62 $ 67,291.49
6231 RECREATION AND LIBRARY MANAGER 1 $ 46.53 $ 8,065.01 $ 96,780.16 2 $ 48.86 $ 8,468.26 $ 101,619.16
3 $ 51.30 $ 8,891.68 $ 106,700.12
4 $ 53.86 $ 9,336.26 $ 112,035.12
5 $ 56.56 $ 9,803.07 $ 117,636.89
6 $ 59.38 $ 10,293.23 $ 123,518.74
7 $ 62.35 $ 10,807.89 $ 129,694.67
6310 SAFETY COORDINATOR 1 $ 37.35 $ 6,473.65 $ 77,683.82 2 $ 39.21 $ 6,796.92 $ 81,563.05
3 $ 41.17 $ 7,136.70 $ 85,640.38
4 $ 43.24 $ 7,494.36 $ 89,932.30
5 $ 45.40 $ 7,868.53 $ 94,422.33
6 $ 47.67 $ 8,261.95 $ 99,143.44
7 $ 50.05 $ 8,675.05 $ 104,100.61
6280 SENIOR ACCOUNTANT 1 $ 32.19 $ 5,579.50 $ 66,954.00 2 $ 33.80 $ 5,858.47 $ 70,301.65
3 $ 35.49 $ 6,151.40 $ 73,816.81
4 $ 37.26 $ 6,458.96 $ 77,507.58
5 $ 39.13 $ 6,781.92 $ 81,383.01
6 $ 41.08 $ 7,121.01 $ 85,452.15
7 $ 43.14 $ 7,477.06 $ 89,724.76
6090 SENIOR ADMINISTRATIVE TECHNICIAN 1 $ 25.40 $ 4,402.74 $ 52,832.85 2 $ 26.67 $ 4,623.41 $ 55,480.92
3 $ 28.01 $ 4,854.78 $ 58,257.36
4 $ 29.40 $ 5,096.85 $ 61,162.20
5 $ 30.88 $ 5,352.30 $ 64,227.54
6 $ 32.42 $ 5,619.91 $ 67,438.92
7 $ 34.04 $ 5,900.91 $ 70,810.87
CITY OF COVINA
MID-MANAGEMENT, SUPERVISORY AND PROFESSIONAL, AND
CONFIDENTIAL AND TECHNICAL EMPLOYEES
SALARY SCHEDULE EFFECTIVE JULY 2, 2022
CODE DESCRIPTION STEP HOURLY MONTHLY ANNUAL
6255 SENIOR HOUSING/CDBG ECONOMIC 1 $ 47.46 $ 8,226.38 $ 98,716.54 DEVELOPMENT MANAGER 2 $ 49.83 $ 8,636.96 $ 103,643.52
3 $ 52.32 $ 9,068.94 $ 108,827.33
4 $ 54.94 $ 9,522.32 $ 114,267.88
5 $ 57.68 $ 9,998.44 $ 119,981.28
6 $ 60.57 $ 10,498.36 $ 125,980.34
7 $ 63.60 $ 11,023.28 $ 132,279.35
6325 SENIOR HUMAN RESOURCES ANALYST 1 $ 37.35 $ 6,473.65 $ 77,683.82 2 $ 39.21 $ 6,796.92 $ 81,563.05
3 $ 41.17 $ 7,136.70 $ 85,640.38
4 $ 43.24 $ 7,494.36 $ 89,932.30
5 $ 45.40 $ 7,868.53 $ 94,422.33
6 $ 47.67 $ 8,261.95 $ 99,143.44
7 $ 50.05 $ 8,675.05 $ 104,100.61
6300 SENIOR MANAGEMENT ANALYST 1 $ 37.35 $ 6,473.65 $ 77,683.82 6301 2 $ 39.21 $ 6,796.92 $ 81,563.05
3 $ 41.17 $ 7,136.70 $ 85,640.38
4 $ 43.24 $ 7,494.36 $ 89,932.30
5 $ 45.40 $ 7,868.53 $ 94,422.33
6 $ 47.67 $ 8,261.95 $ 99,143.44
7 $ 50.05 $ 8,675.05 $ 104,100.61
6305 SENIOR PLANNER 1 $ 38.03 $ 6,592.07 $ 79,104.83
2 $ 39.94 $ 6,922.41 $ 83,068.90
3 $ 41.94 $ 7,268.80 $ 87,225.55
4 $ 44.03 $ 7,631.23 $ 91,574.81
5 $ 46.23 $ 8,013.73 $ 96,164.76
6 $ 48.54 $ 8,414.42 $ 100,972.99
7 $ 50.97 $ 8,835.14 $ 106,021.64
6330 STREET MAINTENANCE SUPERVISOR 1 $ 33.70 $ 5,841.60 $ 70,099.24 2 $ 35.39 $ 6,133.68 $ 73,604.19
3 $ 37.16 $ 6,440.37 $ 77,284.41
4 $ 39.01 $ 6,762.38 $ 81,148.62
5 $ 40.96 $ 7,100.50 $ 85,206.05
6 $ 43.01 $ 7,455.53 $ 89,466.36
7 $ 45.16 $ 7,828.31 $ 93,939.68
6354 STREETS AND SEWER SUPERINTENDENT 1 $ 45.68 $ 7,918.60 $ 95,023.24 2 $ 47.97 $ 8,314.53 $ 99,774.40
3 $ 50.37 $ 8,730.26 $ 104,763.12
4 $ 52.89 $ 9,166.77 $ 110,001.28
5 $ 55.53 $ 9,625.11 $ 115,501.34
6 $ 58.31 $ 10,106.37 $ 121,276.41
7 $ 61.22 $ 10,611.69 $ 127,340.23
CITY OF COVINA
MID-MANAGEMENT, SUPERVISORY AND PROFESSIONAL, AND
CONFIDENTIAL AND TECHNICAL EMPLOYEES
SALARY SCHEDULE EFFECTIVE JULY 2, 2022
CODE DESCRIPTION STEP HOURLY MONTHLY ANNUAL
6351 WATER DISTRIBUTION SUPERVISOR 1 $ 38.97 $ 6,754.24 $ 81,050.87 2 $ 40.92 $ 7,091.95 $ 85,103.41
3 $ 42.96 $ 7,446.55 $ 89,358.57
4 $ 45.11 $ 7,818.88 $ 93,826.51
5 $ 47.36 $ 8,209.82 $ 98,517.83
6 $ 49.73 $ 8,620.31 $ 103,443.73
7 $ 52.22 $ 9,051.33 $ 108,615.91
6352 WATER SYSTEMS SUPERVISOR 1 $ 35.20 $ 6,102.05 $ 73,224.61 2 $ 36.96 $ 6,407.15 $ 76,885.84
3 $ 38.81 $ 6,727.51 $ 80,730.13
4 $ 40.75 $ 7,063.89 $ 84,766.65
5 $ 42.79 $ 7,417.08 $ 89,004.98
6 $ 44.93 $ 7,787.94 $ 93,455.24
7 $ 47.18 $ 8,177.33 $ 98,127.99
6353 WATER UTILITY SUPERINTENDENT 1 $ 48.10 $ 8,336.84 $ 100,042.05 2 $ 50.50 $ 8,753.68 $ 105,044.16
3 $ 53.03 $ 9,191.36 $ 110,296.37
4 $ 55.68 $ 9,650.93 $ 115,811.19
5 $ 58.46 $ 10,133.48 $ 121,601.75
6 $ 61.39 $ 10,640.15 $ 127,681.83
7 $ 64.45 $ 11,172.16 $ 134,065.92
CITY OF COVINA
MID-MANAGEMENT, SUPERVISORY AND PROFESSIONAL, AND
CONFIDENTIAL AND TECHNICAL EMPLOYEES
SALARY SCHEDULE EFFECTIVE JULY 1, 2023
CODE DESCRIPTION STEP HOURLY MONTHLY ANNUAL
6410 ACCOUNTANT 1 $ 29.04 $ 5,033.73 $ 60,404.70
2 $ 30.50 $ 5,285.96 $ 63,431.51
3 $ 32.02 $ 5,550.53 $ 66,606.39
4 $ 33.62 $ 5,827.44 $ 69,929.30
5 $ 35.30 $ 6,119.43 $ 73,433.17
6 $ 37.07 $ 6,425.40 $ 77,104.83
7 $ 38.92 $ 6,746.67 $ 80,960.07
6270 ACCOUNTING SUPERVISOR 1 $ 38.93 $ 6,748.42 $ 80,981.00 2 $ 40.88 $ 7,085.84 $ 85,030.04
3 $ 42.92 $ 7,440.13 $ 89,281.55
4 $ 45.07 $ 7,812.14 $ 93,745.63
5 $ 47.32 $ 8,202.74 $ 98,432.92
6 $ 49.69 $ 8,612.88 $ 103,354.57
7 $ 52.17 $ 9,043.52 $ 108,522.29
6020 ADMINISTRATIVE TECHNICIAN 1 $ 23.57 $ 4,085.10 $ 49,021.24 6543 2 $ 24.75 $ 4,289.36 $ 51,472.29
3 $ 25.98 $ 4,503.21 $ 54,038.51
4 $ 27.28 $ 4,728.03 $ 56,736.31
5 $ 28.65 $ 4,965.18 $ 59,582.20
6 $ 30.08 $ 5,213.44 $ 62,561.30
7 $ 31.58 $ 5,474.11 $ 65,689.37
6460 BUILDING OFFICIAL 1 $ 44.04 $ 7,633.78 $ 91,605.32 2 $ 46.25 $ 8,015.89 $ 96,190.67
3 $ 48.56 $ 8,416.33 $ 100,995.97
4 $ 50.98 $ 8,836.51 $ 106,038.17
5 $ 53.53 $ 9,279.26 $ 111,351.07
6 $ 56.21 $ 9,743.22 $ 116,918.62
7 $ 59.02 $ 10,230.38 $ 122,764.55
8025 CHIEF DEPUTY CITY CLERK 1 $ 48.52 $ 8,410.80 $ 100,929.55 2 $ 50.95 $ 8,831.34 $ 105,976.03
3 $ 53.50 $ 9,272.90 $ 111,274.83
4 $ 56.17 $ 9,736.55 $ 116,838.57
5 $ 58.98 $ 10,223.38 $ 122,680.50
6 $ 61.93 $ 10,734.54 $ 128,814.53
7 $ 65.03 $ 11,271.27 $ 135,255.26
6470 CITY ENGINEER 1 $ 57.76 $ 10,012.41 $ 120,148.90
2 $ 60.65 $ 10,513.03 $ 126,156.36
3 $ 63.68 $ 11,038.68 $ 132,464.18
4 $ 66.87 $ 11,590.62 $ 139,087.38
5 $ 70.21 $ 12,170.15 $ 146,041.75
6 $ 73.72 $ 12,778.65 $ 153,343.84
7 $ 77.41 $ 13,417.59 $ 161,011.03
CITY OF COVINA
MID-MANAGEMENT, SUPERVISORY AND PROFESSIONAL, AND
CONFIDENTIAL AND TECHNICAL EMPLOYEES
SALARY SCHEDULE EFFECTIVE JULY 1, 2023
CODE DESCRIPTION STEP HOURLY MONTHLY ANNUAL
6040 DEPUTY CITY CLERK 1 $ 28.83 $ 4,997.07 $ 59,964.78 2 $ 30.27 $ 5,246.64 $ 62,959.64
3 $ 31.78 $ 5,508.90 $ 66,106.76
4 $ 33.37 $ 5,783.85 $ 69,406.19
5 $ 35.04 $ 6,072.90 $ 72,874.79
6 $ 36.79 $ 6,376.54 $ 76,518.53
7 $ 38.63 $ 6,695.37 $ 80,344.46
6135 ENVIRONMENTAL SERVICES ANALYST 1 $ 34.87 $ 6,044.75 $ 72,537.02 2 $ 36.62 $ 6,346.99 $ 76,163.87
3 $ 38.45 $ 6,664.34 $ 79,972.07
4 $ 40.37 $ 6,997.56 $ 83,970.67
5 $ 42.40 $ 7,349.61 $ 88,195.33
6 $ 44.52 $ 7,717.09 $ 92,605.09
7 $ 46.75 $ 8,102.95 $ 97,235.35
6132 ENVIRONMENTAL SERVICES 1 $ 42.25 $ 7,323.58 $ 87,882.91 AND TRANSPORTATION MANAGER 2 $ 44.36 $ 7,688.77 $ 92,265.21 3 $ 46.58 $ 8,073.70 $ 96,884.40
4 $ 48.91 $ 8,476.96 $ 101,723.54
5 $ 51.35 $ 8,901.37 $ 106,816.48
6 $ 53.92 $ 9,346.44 $ 112,157.30
7 $ 56.62 $ 9,813.76 $ 117,765.17
6140 EQUIPMENT MAINTENANCE 1 $ 32.81 $ 5,687.62 $ 68,251.38 SUPERVISOR 2 $ 34.46 $ 5,972.75 $ 71,673.00
3 $ 36.18 $ 6,271.59 $ 75,259.13
4 $ 37.99 $ 6,584.14 $ 79,009.73
5 $ 39.89 $ 6,914.52 $ 82,974.21
6 $ 41.89 $ 7,260.24 $ 87,122.92
7 $ 43.98 $ 7,623.26 $ 91,479.07
6027 EXECUTIVE ASSISTANT TO 1 $ 28.76 $ 4,985.75 $ 59,828.94 THE CITY MANAGER 2 $ 30.20 $ 5,235.24 $ 62,822.86
3 $ 31.71 $ 5,497.07 $ 65,964.83
4 $ 33.30 $ 5,771.24 $ 69,254.83
5 $ 34.96 $ 6,060.48 $ 72,725.81
6 $ 36.71 $ 6,363.51 $ 76,362.10
7 $ 38.55 $ 6,681.68 $ 80,180.20
6028 EXECUTIVE ASSISTANT TO 1 $ 28.76 $ 4,985.75 $ 59,828.94 THE POLICE CHIEF 2 $ 30.20 $ 5,235.24 $ 62,822.86
3 $ 31.71 $ 5,497.07 $ 65,964.83
4 $ 33.30 $ 5,771.24 $ 69,254.83
5 $ 34.96 $ 6,060.48 $ 72,725.81
6 $ 36.71 $ 6,363.51 $ 76,362.10
7 $ 38.55 $ 6,681.68 $ 80,180.20
CITY OF COVINA
MID-MANAGEMENT, SUPERVISORY AND PROFESSIONAL, AND
CONFIDENTIAL AND TECHNICAL EMPLOYEES
SALARY SCHEDULE EFFECTIVE JULY 1, 2023
CODE DESCRIPTION STEP HOURLY MONTHLY ANNUAL
6070 FINANCE MANAGER 1 $ 53.28 $ 9,235.25 $ 110,822.95
2 $ 55.94 $ 9,696.24 $ 116,354.86
3 $ 58.74 $ 10,180.98 $ 122,171.79
4 $ 61.68 $ 10,690.87 $ 128,290.42
5 $ 64.76 $ 11,224.50 $ 134,694.03
6 $ 67.99 $ 11,785.73 $ 141,428.73
7 $ 71.39 $ 12,375.01 $ 148,500.17
6124 GIS ANALYST 1 $ 35.54 $ 6,160.00 $ 73,919.97
2 $ 37.32 $ 6,469.48 $ 77,633.71
3 $ 39.19 $ 6,792.75 $ 81,513.02
4 $ 41.14 $ 7,131.80 $ 85,581.58
5 $ 43.20 $ 7,488.59 $ 89,863.03
6 $ 45.36 $ 7,863.02 $ 94,356.19
7 $ 47.63 $ 8,256.17 $ 99,074.00
6315 HUMAN RESOURCES ANALYST 1 $ 31.99 $ 5,545.56 $ 66,546.70 2 $ 33.60 $ 5,823.33 $ 69,879.93
3 $ 35.27 $ 6,113.79 $ 73,365.48
4 $ 37.04 $ 6,419.76 $ 77,037.14
5 $ 38.89 $ 6,741.24 $ 80,894.91
6 $ 40.84 $ 7,078.30 $ 84,939.66
7 $ 42.88 $ 7,432.22 $ 89,186.64
6320 HUMAN RESOURCES MANAGER 1 $ 53.28 $ 9,235.25 $ 110,822.95 2 $ 55.94 $ 9,696.24 $ 116,354.86
3 $ 58.74 $ 10,180.98 $ 122,171.79
4 $ 61.68 $ 10,690.87 $ 128,290.42
5 $ 64.76 $ 11,224.50 $ 134,694.03
6 $ 67.99 $ 11,785.73 $ 141,428.73
7 $ 71.39 $ 12,375.01 $ 148,500.17
6185 INFORMATION TECHNOLOGY 1 $ 48.65 $ 8,432.04 $ 101,184.45 SERVICES MANAGER 2 $ 51.07 $ 8,852.88 $ 106,234.61
3 $ 53.63 $ 9,295.67 $ 111,548.01
4 $ 56.31 $ 9,760.38 $ 117,124.58
5 $ 59.13 $ 10,248.40 $ 122,980.81
6 $ 62.08 $ 10,760.82 $ 129,129.84
7 $ 65.19 $ 11,298.86 $ 135,586.34
6148 LIBRARIAN I 1 $ 30.99 $ 5,371.00 $ 64,452.00
2 $ 32.54 $ 5,639.55 $ 67,674.60
3 $ 34.16 $ 5,921.53 $ 71,058.33
4 $ 35.87 $ 6,217.60 $ 74,611.25
5 $ 37.66 $ 6,528.48 $ 78,341.81
6 $ 39.55 $ 6,854.91 $ 82,258.90
7 $ 41.52 $ 7,197.65 $ 86,371.84
CITY OF COVINA
MID-MANAGEMENT, SUPERVISORY AND PROFESSIONAL, AND
CONFIDENTIAL AND TECHNICAL EMPLOYEES
SALARY SCHEDULE EFFECTIVE JULY 1, 2023
CODE DESCRIPTION STEP HOURLY MONTHLY ANNUAL
6149 LIBRARIAN II 1 $ 33.39 $ 5,788.02 $ 69,456.26
2 $ 35.06 $ 6,077.42 $ 72,929.07
3 $ 36.82 $ 6,381.29 $ 76,575.52
4 $ 38.66 $ 6,700.36 $ 80,404.30
5 $ 40.59 $ 7,035.38 $ 84,424.51
6 $ 42.62 $ 7,387.14 $ 88,645.74
7 $ 44.75 $ 7,756.50 $ 93,078.02
6147 LIBRARY MANAGER 1 $ 47.69 $ 8,266.64 $ 99,199.66
2 $ 50.08 $ 8,679.97 $ 104,159.64
3 $ 52.58 $ 9,113.97 $ 109,367.63
4 $ 55.21 $ 9,569.67 $ 114,836.00
5 $ 57.97 $ 10,048.15 $ 120,577.81
6 $ 60.87 $ 10,550.56 $ 126,606.71
7 $ 63.91 $ 11,078.09 $ 132,937.04
6146 LIBRARY SERVICES SUPERVISOR 1 $ 37.04 $ 6,419.51 $ 77,034.12 2 $ 38.88 $ 6,739.03 $ 80,868.39
3 $ 40.82 $ 7,076.31 $ 84,915.68
4 $ 42.86 $ 7,429.72 $ 89,156.61
5 $ 45.01 $ 7,802.50 $ 93,629.95
6 $ 47.27 $ 8,192.62 $ 98,311.45
7 $ 49.63 $ 8,602.25 $ 103,227.03
6141 LITERACY PROGRAM COORDINATOR 1 $ 32.79 $ 5,683.74 $ 68,204.85 6142 2 $ 34.43 $ 5,967.15 $ 71,605.79
3 $ 36.15 $ 6,266.07 $ 75,192.85
4 $ 37.96 $ 6,579.09 $ 78,949.11
5 $ 39.86 $ 6,909.03 $ 82,908.40
6 $ 41.85 $ 7,254.49 $ 87,053.82
7 $ 43.95 $ 7,617.21 $ 91,406.51
6150 MANAGEMENT ANALYST 1 $ 31.99 $ 5,545.56 $ 66,546.70 6550 2 $ 33.60 $ 5,823.33 $ 69,879.93
3 $ 35.27 $ 6,113.79 $ 73,365.48
4 $ 37.04 $ 6,419.76 $ 77,037.14
5 $ 38.89 $ 6,741.24 $ 80,894.91
6 $ 40.84 $ 7,078.30 $ 84,939.66
7 $ 42.88 $ 7,432.22 $ 89,186.64
6160 MANAGEMENT ANALYST TRAINEE 1 $ 26.57 $ 4,604.65 $ 55,255.83 2 $ 27.89 $ 4,834.95 $ 58,019.45
3 $ 29.29 $ 5,076.22 $ 60,914.65
4 $ 30.75 $ 5,329.83 $ 63,957.91
5 $ 32.28 $ 5,595.77 $ 67,149.21
6 $ 33.90 $ 5,875.56 $ 70,506.68
7 $ 35.59 $ 6,169.33 $ 74,032.01
CITY OF COVINA
MID-MANAGEMENT, SUPERVISORY AND PROFESSIONAL, AND
CONFIDENTIAL AND TECHNICAL EMPLOYEES
SALARY SCHEDULE EFFECTIVE JULY 1, 2023
CODE DESCRIPTION STEP HOURLY MONTHLY ANNUAL
6356 PARKS AND BUILDING SUPERINTENDENT 1 $ 37.04 $ 6,419.51 $ 77,034.12 2 $ 38.89 $ 6,740.49 $ 80,885.82
3 $ 40.83 $ 7,077.51 $ 84,930.11
4 $ 42.87 $ 7,431.38 $ 89,176.62
5 $ 45.02 $ 7,802.95 $ 93,635.45
6 $ 47.27 $ 8,193.10 $ 98,317.22
7 $ 49.63 $ 8,602.76 $ 103,233.08
6230 PARKS AND RECREATION MANAGER 1 $ 47.69 $ 8,266.64 $ 99,199.66 2 $ 50.08 $ 8,679.97 $ 104,159.64
3 $ 52.58 $ 9,113.97 $ 109,367.63
4 $ 55.21 $ 9,569.67 $ 114,836.00
5 $ 57.97 $ 10,048.15 $ 120,577.81
6 $ 60.87 $ 10,550.56 $ 126,606.71
7 $ 63.91 $ 11,078.09 $ 132,937.04
6105 PARKS AND RECREATION SUPERVISOR 1 $ 37.04 $ 6,419.51 $ 77,034.12 2 $ 38.88 $ 6,739.03 $ 80,868.39
3 $ 40.82 $ 7,076.31 $ 84,915.68
4 $ 42.86 $ 7,429.72 $ 89,156.61
5 $ 45.01 $ 7,802.50 $ 93,629.95
6 $ 47.27 $ 8,192.62 $ 98,311.45
7 $ 49.63 $ 8,602.25 $ 103,227.03
6190 PARKS MAINTENANCE SUPERVISOR 1 $ 37.04 $ 6,419.51 $ 77,034.12 2 $ 38.88 $ 6,739.03 $ 80,868.39
3 $ 40.82 $ 7,076.31 $ 84,915.68
4 $ 42.86 $ 7,429.72 $ 89,156.61
5 $ 45.01 $ 7,802.50 $ 93,629.95
6 $ 47.27 $ 8,192.62 $ 98,311.45
7 $ 49.63 $ 8,602.25 $ 103,227.03
6055 PAYROLL TECHNICIAN 1 $ 27.34 $ 4,738.45 $ 56,861.35 2 $ 28.70 $ 4,975.36 $ 59,704.38
3 $ 30.14 $ 5,224.13 $ 62,689.55
4 $ 31.65 $ 5,485.35 $ 65,824.14
5 $ 33.23 $ 5,759.60 $ 69,115.25
6 $ 34.89 $ 6,047.58 $ 72,571.01
7 $ 36.63 $ 6,349.96 $ 76,199.56
6120 PERMIT TECHNICIAN 1 $ 25.25 $ 4,377.07 $ 52,524.88 2 $ 26.51 $ 4,595.93 $ 55,151.13
3 $ 27.84 $ 4,825.72 $ 57,908.69
4 $ 29.23 $ 5,067.01 $ 60,804.12
5 $ 30.69 $ 5,320.36 $ 63,844.33
6 $ 32.23 $ 5,586.38 $ 67,036.54
7 $ 33.84 $ 5,865.70 $ 70,388.37
CITY OF COVINA
MID-MANAGEMENT, SUPERVISORY AND PROFESSIONAL, AND
CONFIDENTIAL AND TECHNICAL EMPLOYEES
SALARY SCHEDULE EFFECTIVE JULY 1, 2023
CODE DESCRIPTION STEP HOURLY MONTHLY ANNUAL
6233 PUBLIC WORKS MANAGER 1 $ 49.13 $ 8,515.34 $ 102,184.03 2 $ 51.58 $ 8,941.10 $ 107,293.24
3 $ 54.16 $ 9,388.16 $ 112,657.90
4 $ 56.87 $ 9,857.57 $ 118,290.80
5 $ 59.71 $ 10,350.44 $ 124,205.34
6 $ 62.70 $ 10,867.97 $ 130,415.61
7 $ 65.83 $ 11,411.37 $ 136,936.39
6035 RECORDS TECHNICIAN 1 $ 24.75 $ 4,289.37 $ 51,472.39 2 $ 25.98 $ 4,503.82 $ 54,045.82
3 $ 27.28 $ 4,728.38 $ 56,740.58
4 $ 28.64 $ 4,964.43 $ 59,573.18
5 $ 30.08 $ 5,213.44 $ 62,561.25
6 $ 31.58 $ 5,474.11 $ 65,689.31
7 $ 33.16 $ 5,747.81 $ 68,973.78
6231 RECREATION AND LIBRARY MANAGER 1 $ 47.69 $ 8,266.64 $ 99,199.66 2 $ 50.08 $ 8,679.97 $ 104,159.64
3 $ 52.58 $ 9,113.97 $ 109,367.63
4 $ 55.21 $ 9,569.67 $ 114,836.00
5 $ 57.97 $ 10,048.15 $ 120,577.81
6 $ 60.87 $ 10,550.56 $ 126,606.71
7 $ 63.91 $ 11,078.09 $ 132,937.04
6310 SAFETY COORDINATOR 1 $ 38.28 $ 6,635.49 $ 79,625.91 2 $ 40.19 $ 6,966.84 $ 83,602.13
3 $ 42.20 $ 7,315.12 $ 87,781.39
4 $ 44.32 $ 7,681.72 $ 92,180.61
5 $ 46.53 $ 8,065.24 $ 96,782.88
6 $ 48.86 $ 8,468.50 $ 101,622.03
7 $ 51.30 $ 8,891.93 $ 106,703.13
6280 SENIOR ACCOUNTANT 1 $ 32.99 $ 5,718.99 $ 68,627.85 2 $ 34.64 $ 6,004.93 $ 72,059.19
3 $ 36.38 $ 6,305.19 $ 75,662.23
4 $ 38.19 $ 6,620.44 $ 79,445.27
5 $ 40.10 $ 6,951.47 $ 83,417.58
6 $ 42.11 $ 7,299.04 $ 87,588.46
7 $ 44.22 $ 7,663.99 $ 91,967.88
6090 SENIOR ADMINISTRATIVE TECHNICIAN 1 $ 26.04 $ 4,512.81 $ 54,153.67 2 $ 27.34 $ 4,739.00 $ 56,867.94
3 $ 28.71 $ 4,976.15 $ 59,713.80
4 $ 30.14 $ 5,224.27 $ 62,691.25
5 $ 31.65 $ 5,486.10 $ 65,833.23
6 $ 33.23 $ 5,760.41 $ 69,124.90
7 $ 34.89 $ 6,048.43 $ 72,581.14
CITY OF COVINA
MID-MANAGEMENT, SUPERVISORY AND PROFESSIONAL, AND
CONFIDENTIAL AND TECHNICAL EMPLOYEES
SALARY SCHEDULE EFFECTIVE JULY 1, 2023
CODE DESCRIPTION STEP HOURLY MONTHLY ANNUAL
6255 SENIOR HOUSING/CDBG ECONOMIC 1 $ 48.65 $ 8,432.04 $ 101,184.45 DEVELOPMENT MANAGER 2 $ 51.07 $ 8,852.88 $ 106,234.61
3 $ 53.63 $ 9,295.67 $ 111,548.01
4 $ 56.31 $ 9,760.38 $ 117,124.58
5 $ 59.13 $ 10,248.40 $ 122,980.81
6 $ 62.08 $ 10,760.82 $ 129,129.84
7 $ 65.19 $ 11,298.86 $ 135,586.34
6325 SENIOR HUMAN RESOURCES ANALYST 1 $ 38.28 $ 6,635.49 $ 79,625.91 2 $ 40.19 $ 6,966.84 $ 83,602.13
3 $ 42.20 $ 7,315.12 $ 87,781.39
4 $ 44.32 $ 7,681.72 $ 92,180.61
5 $ 46.53 $ 8,065.24 $ 96,782.88
6 $ 48.86 $ 8,468.50 $ 101,622.03
7 $ 51.30 $ 8,891.93 $ 106,703.13
6300 SENIOR MANAGEMENT ANALYST 1 $ 38.28 $ 6,635.49 $ 79,625.91 6301 2 $ 40.19 $ 6,966.84 $ 83,602.13
3 $ 42.20 $ 7,315.12 $ 87,781.39
4 $ 44.32 $ 7,681.72 $ 92,180.61
5 $ 46.53 $ 8,065.24 $ 96,782.88
6 $ 48.86 $ 8,468.50 $ 101,622.03
7 $ 51.30 $ 8,891.93 $ 106,703.13
6305 SENIOR PLANNER 1 $ 38.98 $ 6,756.87 $ 81,082.45
2 $ 40.94 $ 7,095.47 $ 85,145.62
3 $ 42.98 $ 7,450.52 $ 89,406.19
4 $ 45.13 $ 7,822.02 $ 93,864.18
5 $ 47.39 $ 8,214.07 $ 98,568.87
6 $ 49.76 $ 8,624.78 $ 103,497.31
7 $ 52.25 $ 9,056.01 $ 108,672.18
6330 STREET MAINTENANCE SUPERVISOR 1 $ 34.54 $ 5,987.64 $ 71,851.72 2 $ 36.27 $ 6,287.02 $ 75,444.30
3 $ 38.08 $ 6,601.38 $ 79,216.52
4 $ 39.99 $ 6,931.44 $ 83,177.33
5 $ 41.99 $ 7,278.02 $ 87,336.21
6 $ 44.09 $ 7,641.92 $ 91,703.02
7 $ 46.29 $ 8,024.01 $ 96,288.17
6354 STREETS AND SEWER SUPERINTENDENT 1 $ 46.83 $ 8,116.57 $ 97,398.82 2 $ 49.17 $ 8,522.40 $ 102,268.76
3 $ 51.63 $ 8,948.52 $ 107,382.20
4 $ 54.21 $ 9,395.94 $ 112,751.31
5 $ 56.92 $ 9,865.74 $ 118,388.88
6 $ 59.76 $ 10,359.03 $ 124,308.32
7 $ 62.75 $ 10,876.98 $ 130,523.74
CITY OF COVINA
MID-MANAGEMENT, SUPERVISORY AND PROFESSIONAL, AND
CONFIDENTIAL AND TECHNICAL EMPLOYEES
SALARY SCHEDULE EFFECTIVE JULY 1, 2023
CODE DESCRIPTION STEP HOURLY MONTHLY ANNUAL
6351 WATER DISTRIBUTION SUPERVISOR 1 $ 39.94 $ 6,923.10 $ 83,077.14 2 $ 41.94 $ 7,269.25 $ 87,230.99
3 $ 44.03 $ 7,632.71 $ 91,592.54
4 $ 46.24 $ 8,014.35 $ 96,172.17
5 $ 48.55 $ 8,415.06 $ 100,980.78
6 $ 50.98 $ 8,835.82 $ 106,029.82
7 $ 53.52 $ 9,277.61 $ 111,331.31
6352 WATER SYSTEMS SUPERVISOR 1 $ 36.08 $ 6,254.60 $ 75,055.23 2 $ 37.89 $ 6,567.33 $ 78,807.99
3 $ 39.78 $ 6,895.70 $ 82,748.39
4 $ 41.77 $ 7,240.48 $ 86,885.82
5 $ 43.86 $ 7,602.51 $ 91,230.11
6 $ 46.05 $ 7,982.63 $ 95,791.62
7 $ 48.36 $ 8,381.77 $ 100,581.19
6353 WATER UTILITY SUPERINTENDENT 1 $ 49.30 $ 8,545.26 $ 102,543.11 2 $ 51.76 $ 8,972.52 $ 107,670.26
3 $ 54.35 $ 9,421.15 $ 113,053.78
4 $ 57.07 $ 9,892.21 $ 118,706.46
5 $ 59.92 $ 10,386.82 $ 124,641.79
6 $ 62.92 $ 10,906.16 $ 130,873.87
7 $ 66.07 $ 11,451.46 $ 137,417.57
CC Regular Meeting
AGENDA ITEM REPORT
ITEM NO. CC 7
Meeting: CC Regular Meeting - Sep 06 2022
Title: Professional Services Agreements for On-Call Engineering Consultant Services Presented By: Andy Bullington, Director of Public Works Rafael M. Fajardo, City Engineer
Recommendation: Authorize the City Manager to execute Professional Services Agreements between the City of Covina and On-Call Engineering Consultant firms.
EXECUTIVE SUMMARY / BACKROUND:
The City utilizes professional consultant services for the design of major capital projects involving streets, landscaping, transportation, and utility improvements. As the work load requires, staff will utilize these firms to perform design services, traffic engineering studies, public works inspection services, review of private development projects, geotechnical services, surveying, and special analysis. The On-Call Professional Services Agreement (Attachment A) will continue to provide the City with the ability to obtain multiple bids for services on a project by project basis and help ensure efficient service delivery to the community.
The term for On-Call Engineering Consultant Services is from September 6, 2022, to June 30, 2024, with the option of an additional, one-year extension at the City’s sole discretion.
DISCUSSION:
On-call agreements allow staff to retain specialized services that are regularly needed for various projects. Fees for these services are set for a specific period of time and are typically adjusted annually to account for changes in the Consumer Price Index. Many cities utilize these types of agreements to help supplement City staff with additional expertise on large, detailed projects.
The City’s Capital Improvement Program includes several planned projects that will require specialized assistance, including grant-funded highway safety improvement projects, landscaping/beautification projects, and transportation projects, among others. On-call agreements allow staff to streamline the contracting process and expedite project delivery for projects. Having a pool of qualified consultants also allows staff to access competitive rates for professional services.
Consultant selection was based off an assessment of each consultants’ scope of services, qualifications and fee schedules. The On-Call Consultant List (Attachment B) and each firm’s Professional Service Agreement will be effective for a period of two (2) years with an option of a one-year extension at the City’s discretion. Potential changes in a firm’s fee schedule will be considered on a yearly basis.
City Council approval of this item will authorize staff to receive project proposals from one or more of the selected consultants when necessary. Based on proposals received, staff will negotiate a project agreement with the most qualified firm. The cost of these services will then be charged directly to specific project accounts. For recurring engineering functions such as Traffic & Parking Advisory Commission support, regular Public Works permits, etc., the City will be able to use pre-approved rate schedules to ensure prompt and efficient service delivery.
Procurement of services under these on-call services agreements will continue to adhere to the City’s purchasing guidelines.
FISCAL IMPACT:
The cost for professional services will be based on the rate schedules (Attachment B) for each consultant and negotiated with staff depending upon the services provided. These agreements do not commit the City to expending a specified amount for professional services; however, each on-call services agreement shall have a not-to-exceed value of $150,000 per fiscal year. Funding is provided through several sources including transportation funds, grant funds, gas tax funds, Measure R, Measure M and others; no general funds will be used for these services.
CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):
Not applicable.
ATTACHMENTS:
Attachment A - Professional Service Agreement, On-Call Consultant Services Attachment B - On-Call Consultant List & Fee Schedules
Respectfully submitted,
PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement (“Agreement”) is dated September 6, 2022 (“Effective Date”) and is between the City of Covina, a California municipal corporation (“City”) and [Consultant’s Legal Name], a [Legal Form of Entity, e.g., California corporation, limited partnership, limited liability company] (“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 On-Call Services for the City of Covina Public Works, Engineering Division.
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, 2024, 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, 2025.
2. Compensation.
If compensation is based on an hourly rate, use this first paragraph and delete the flat rate paragraph:
A. Compensation. As full compensation for Consultant’s services provided under this Agreement, City shall pay Consultant a sum not to exceed One Hundred Fifty Thousand Dollars ($150,000) (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.
If compensation is based on a flat rate, use the next paragraph and delete the hourly rate paragraph:
A. Compensation. As full compensation for Consultant’s services provided under this Agreement, City shall pay Consultant the total flat sum of One Hundred Fifty Thousand Dollars ($150,000) (the “maximum compensation”), as set forth in the Approved Fee Schedule, attached hereto as Exhibit A. Any terms in Exhibit A, other than the payment rates and schedule of payment, are null and void.
If City reimburses for all or certain expenses in addition to compensation, use this paragraph and delete the other subsection B:
ATTACHMENT A
B. Expenses. City shall only reimburse Consultant for those expenses expressly set forth in Exhibit A. In no event shall reimbursable expenses collectively exceed the total sum of [Written Amount] Dollars ($[Numerical Amount]).
If City does not reimburse for expenses, use this paragraph and delete the other subsection B:
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 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 [Name], [Title] (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.
If there is a project timeline:
C. Time for Performance. Consultant shall commence the services on the Effective Date and shall perform all services in conformance with the project timeline, attached hereto as Exhibit C.
If there is no project timeline:
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.
If none of the work will be performed during the design and preconstruction phases of public works construction (e.g., inspection or land surveying work):
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.
If some or all of the work is to be performed during the design and preconstruction phases of public works construction (e.g., inspection or land surveying work):
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 [specify type of work], Consultant shall comply in all respects with all applicable provisions of the California Labor Code, including those set forth in Exhibit D.
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.
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.
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.
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.
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.
If the scope of services includes the performance of services by a licensed architect, licensed landscape architect, registered professional engineer or licensed professional land surveyor:
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).
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 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.
E. Survival of Terms. The indemnification in this Section 10 shall survive the expiration or termination of this Agreement.
If the scope of services does not include the performance of services by a licensed architect, licensed landscape architect, registered professional engineer or licensed professional land surveyor:
A. Indemnities for Third Party Claims.
1) To the fullest extent permitted by law, Consultant shall, at its sole cost and expense, defend, hold harmless and indemnify 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, expenses, 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 “Liabilities”), 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 Agreement, including the Indemnitees’ active or passive negligence, except for Liabilities 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 Liability 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 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 A. 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 indemnity obligations, Consultant shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Liabilities 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 Liabilities 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.
B. Workers’ Compensation Acts not Limiting. Consultant’s indemnifications and 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.
C. 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. The indemnities in this Section 10 shall apply regardless of whether or not any insurance policies are determined to be applicable to the Liability, tax, assessment, penalty or interest asserted against City.
D. Survival of Terms. Consultant’s indemnifications and obligations under 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:
The risk for each agreement should be evaluated and the insurance limits should correspond to such risk as determined by the City’s Risk Manager and/or the City Attorney. 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.
If agreement requires professional liability insurance or, if appropriate, errors and omissions insurance:
4) Professional Liability Insurance [or Errors and Omissions 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 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.
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 [Written Amount] ([Numerical Amount]) 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:
City of Covina
125 E. College Street
Covina, California 91723
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, 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, C and D 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.
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]
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
Consultant:
[Consultant’s Legal Name],
a [Legal Form of Entity]
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.)
EXHIBIT A
APPROVED FEE SCHEDULE
EXHIBIT B
SCOPE OF SERVICES
EXHIBIT C
PROJECT TIMELINE
EXHIBIT D
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
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 ____________________________________
On-Call Engineering Services Firms
Department of Public Works
Effective: September 6, 2022 – June 30, 2024
Company Location Contact Services
Bucknam
Infrastructure, Inc.
3548 Seagate Way, Ste 230
Oceanside, CA 92056
Peter
Bucknam
Infrastructure Management,
Pavement Management &
Inspection
CEJ Engineers, Inc. 18800 Amar Road, Walnut,
CA 91789
Joaquin
Cervantes
Civil & Traffic Engineering,
Electrical Engineering
Land Surveying, &
Construction Management
Converse Consultant 717 S Myrtle Avenue
Monrovia, CA 91016
Ruben
Romero
Construction Management
Elie Farah, Inc. 1593 Liberty Drive,
Corona, CA 92881
Elie Farah Civil & Traffic Engineering,
Land Surveying, &
Construction Management
Five Points Design 347 W Montana Avenue
Pasadena, CA 91103
Jaime
Yamashita
Landscape Architecture
Infrastructure
Engineers
1815 E. Heim Avenue Suite
100, Orange, CA 92865
Ray Abassi Civil & Traffic Engineering,
Land Surveying, &
Construction Management
RKA Consulting Group 398 Lemon Creek Drive
Walnut, CA 91789
David
Gilbertson
Civil & Traffic Engineering,
Land Surveying, Construction
Management, Plan Check &
Inspection Services
Siterep Inspection
Services
8644 Autumn Path Street
Chino, CA 91708
Andre Ortiz Construction Management &
Inspection Services
Transtech 13367 Benson Avenue
Chino, CA 91710
Okan
Demirci
Civil & Traffic Engineering
Land Surveying &
Construction Management
Willdan Engineering 13191 Crossroads Parkway
North, Suite 405, Industry,
CA 91746
Tyrone
Peter
Civil & Traffic Engineering,
Land Surveying, &
Construction Management
C I T Y O F C O V I N A
125 East College Street ⚫ Covina, California 91723-2199 www.covinaca.gov
ATTACHMENT B
Scope of Work
City of Covina 1‐1
2022‐23 On‐Call Consultant Services
Fee Schedule
Per the City’s request, we have included below our standard hourly rate/fee schedule. Our services will be billed on a time & material, not‐to‐exceed basis. Our fees below will be locked in for the next two years based on the City’s two year schedule for On‐Call services. Bucknam will establish a defined scope of work and proposed fee for each defined work effort requested by the City. If the City elects to establish a defined “not‐to‐exceed” amount for each fiscal years On‐Call services, Bucknam will negotiated the proper amount based on the expected work load for that given year (i.e., $50,000 / year).
Standard Hourly Rate Schedule
Category Rate
Principal $ 295
Senior Project Manager 215
Senior Engineer / Planner 195
Construction Manager 190
Pavement Management Project Manager 190
Management Analyst 165
Project Engineer / Planner 160
Engineer / Senior Technician / GIS Manager / Senior Inspector 145 Assistant Engineer / GIS Analyst / Inspector 135 CADD Operator 110
Lead Field Technician 98
Field Technician 98
Clerical / Word Processing 85
Forensic Services Quote
Scope of Work
City of Covina 1‐2
2022‐23 On‐Call Consultant Services
Reimbursables
Mileage $ 0.72/mile
Subconsultant Services Cost + 15%
Reproduction Cost + 15%
Travel & Subsistence Cost + 15%
Fees & Permits Cost + 15%
Computer Services (External) Cost + 15%
Standard Hourly Rates shown will not be changed and/or increased during the contract period
CEJ ENGINEERS, INC.
Effective July 1, 2022 to June 30, 2023
Hourly Rate Schedule
ENGINEERING DIVISION
Principal Engineer..................................... 210.00 Project Manager ....................................... 190.00 Senior Project Engineer........................... 180.00 Senior Engineer ...................................... 160.00 Associate Engineer.................................. 150.00 Design Engineer ...................................... 140.00 Designer/CADD Drafter .......................... 110.00 Clerical/Technical Aide .............................. 90.00
LANDSCAPE ARCHITECTURE
Senior Landscape Architect ...................... 120.00 Associate Landscape Architect................ 105.00
SURVEYING DIVISION
Senior Surveyor........................................ 200.00 Senior Survey Analyst .............................. 160.00 Survey Analyst II ...................................... 150.00 Survey Analyst I ....................................... 130.00 Survey Party Chief ................................... 140.00 Field Party (Three) ................................... 260.00 Field Party (Two)...................................... 220.00 Field Party (One)…………………………….130.00
CONSTRUCTION MANAGEMENT/ INSPECTION
Construction Manager.............................. 160.00 Supervising Public Works Observer......... 130.00
Senior Public Works Observer ................. 120.00
Public Works Observer............................. 110.00 Construction Engineer.............................. 100.00
REIMBURSABLE EXPENSES
Reproduction………………………………Cost plus 10%
Subconsultant Services………………… Cost plus 10%
Automobile Transportation………………Current rate
Delivery, Freight, Courier…………………Cost
Agency Fees ………………………………Cost
Commercial Travel / Subsistence……… Cost
Additional billing classifications may be added to the above listing during the year as new positions are created. The above schedule is for straight time.
Blueprinting, reproduction, messenger services, and printing will be invoiced at cost plus ten percent (10%). A subconsultant management fee of ten percent (10%) will be added to the direct cost of all subconsultant services to provide for the cost of administration, consultation, and coordination., the rates may be raised once per year to the value of change of the Consumer Price Index for the Los Angeles/Orange County area, but not more than five percent per year.
Converse Consultants PW2022
CONVERSE CONSULTANTS
Prevailing Wage Schedule of Fees
Personnel
Introduction
It is the objective of Converse Consultants to provide its clients with quality professional and technical services and a continuing source of professional advice and opinions. Services will be performed in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing in the same locality under similar conditions. This fee schedule is valid through December 31, 2022.
Hourly Charges for Personnel
Staff assignments will depend on personnel availability, job complexity, project site location, and experience level required to satisfy the technical requirements of the project and to meet the prevailing standard of professional care.
Field Technical Services (hourly rate including vehicle and equipment) Construction Inspector – ACI/ICC and/or AWS/CWI certified (concrete, post-tension, masonry, structural steel, fireproofing; includes concrete batch plant and local steel fabrication inspections) ...............................$135 DSA Masonry Inspector ........................................................................................................................................................... 135 Non-Destructive Testing Inspector (ultrasonic, magnetic particle, dye penetrant, skidmore, pull testing, torque testing, Schmidt hammer, and pachometer) .......................................................................................................... 140 Coring Technician .................................................................................................................................................................... 135 Soils Technician (soil, base, asphalt concrete, and moisture emission testing)....................................................................... 135 Sample Pick-Up ......................................................................................................................................................................... 50 Professional Services (consultation for field and office, if requested) Staff Professional ...................................................................................................................................................................$130 Senior Staff Professional.......................................................................................................................................................... 140 Project Professional ................................................................................................................................................................. 150 Project Manager....................................................................................................................................................................... 170 Senior Professional .................................................................................................................................................................. 170 Principal Professional............................................................................................................................................................... 220 Principal Consultant ................................................................................................................................................................. 235 Laboratory Testing
Laboratory Technician...................................................................................................................................................... Per Test (see Geotechnical Laboratory Testing and Materials Testing Services fee schedules.) Laboratory Supervisor.............................................................................................................................................................. $90 Office Support
Clerical/Word Processing......................................................................................................................................................... $80 Drafting.......................................................................................................................................................................................80 CAD Operator/Drafting Manager................................................................................................................................................ 90 Overtime and special shift rates for Field Services personnel are determined in accordance with Prevailing Wage law. Travel time to and from the job site will be charged at the hourly rates for the appropriate personnel.
Expenses
1. Exploration expenses (drilling, trenching, etc.) are charged at cost plus fifteen percent.
2. Travel and subsistence expenses (transportation, room and board, etc.) for individuals on projects requiring travel and/or living 50 miles away from the project site are charged at cost plus fifteen percent.
3. Automobile and truck expenses are charged at cost plus fifteen percent (rentals) or at the current IRS milage rate per mile for company-owned vehicles traveling between principal office and project.
4. Other out-of-pocket direct project expenses (aerial photos, long-distance telephone calls, permits, bonds, outside printing services, tests, etc.) are charged at cost plus fifteen percent.
Invoices
1. Invoices will be submitted to the Client on a monthly basis, and a final bill will be submitted upon completion of services.
2. Payment is due upon presentation of invoice and is past-due thirty days from invoice date. In the event Client fails to make any payment to Converse when due, Converse may immediately cease work hereunder until said payment, together with a service charge at the rate of eighteen percent per annum (but not exceeding the maximum allowed by law) from the due date, has been received.
Further, Converse may at its sole option and discretion refuse to perform any further work irrespective of payment from Client in the event Client fails to pay Converse for services when said payments are due.
3. Client shall pay attorneys’ fees or other costs incurred in collecting any delinquent amount.
General Conditions
The terms and provisions of the Converse General Conditions are incorporated into this fee schedule as though set forth in full. If a copy of the General Conditions does not accompany this fee schedule, Client should request a copy from this office.
Converse Consultants GLT2022
CONVERSE CONSULTANTS
Schedule of Fees – Geotechnical Laboratory Testing
Compensation for laboratory testing services will be made in accordance with this fee schedule which includes test report(s) and engineering time. Costs of tests not on this schedule will be by quote and/or in accordance with our current hourly fee schedule. The rates are based on non-contaminated soil. A surcharge will be charged for handling contaminated material, which will be determined based on the project.
IDENTIFICATION AND INDEX PROPERTIES TESTS
Visual Classification, ASTM D2488...................................20.00 Engineering Classification, ASTM D2487 ......................... 25.00 Moisture Content and Dry (bulk) Density,
ASTM D2216 and D2937............................................. 25.00 Moisture Content, ASTM D2216 ..................................20.00 Shrinkage Limit, ASTM D4943..........................................85.00 Atterberg Limits, ASTM D4318
Several points ............................................................ 150.00 One Point.....................................................................50.00 Particle Size Analysis, ASTM D6913
Fine Sieve, from +#200 to #4.....................................100.00 Coarse and Fine Sieve, from #200 to 3 in..................180.00 Hydrometer ................................................................ 120.00 Percent Passing #200 Sieve, ASTM D1140...................... 80.00 Specific Gravity
Fine, passing #4 sieve, ASTM D854..........................100.00 Coarse, retained on #4 sieve, ASTM C127................100.00 Sand Equivalent Test, ASTM D2419............................... 120.00 Double Hydrometer Dispersion, ASTM D4221................150.00
COMPACTION AND BEARING STRENGTH
Standard Proctor Compaction, ASTM D698 or ASTM D1557
Method A or B............................................................200.00 Method C, 6” mold...................................................... 210.00 California Impact Method, Caltrans 216.......................... 220.00 R-value, ASTM D2844 and CTM301............................... 270.00 California Bearing Ratio (CBR), ASTM D1883
1 Point........................................................................530.00 3 Points ......................................................................750.00 Relative Density
0.1 Cubic Foot Mold...................................................200.00
0.5 Cubic Foot Mold...................................................300.00
SHEAR STRENGTH
Torvane/Pocket Penetrometer ..........................................25.00 Direct Shear
Quick Test....................................................................75.00 Consolidated, Drained, granular soil,
ASTM D3080 ........................................................ 220.00 Consolidated, Drained, fine grained soil,
ASTM D3080 ........................................................ 260.00 Consolidated, Undrained, fine grained soil................. 220.00 Residual Strength, per cycle ........................................ 70.00 Remolded Specimens .................................................. 70.00
STATIC UNIAXIAL AND TRIAXIAL STRENGTH TESTS
(PER POINT)
Unconfined Compression, ASTM D2166 ........................150.00 Unconsolidated, Undrained, ASTM D2850 .....................160.00 Consolidated, Undrained, per point ................................700.00 Consolidated, Drained, per point ....................................700.00 With Pore Pressure Measurement, per load...................150.00 Remolded Specimen......................................................... 90.00 CONSOLIDATION (ASTM2435) AND SWELL COLLAPSE
(ASTM D4546) TESTS
8 Load Increments .......................................................... 250.00 Additional Load Increment ................................................ 50.00 Time-Ratio, per load increment......................................... 90.00 Single Point, collapse test................................................. 90.00 Single Load Swell, ASTM D4546
Ring Sample, Field Moisture......................................... 95.00 Ring Sample, Air Dried ................................................. 95.00 Remolded Sample.............................................................. 70.00 Expansion Index Test, UBC 29-2/ASTM D4829................130.00
HYDRAULIC CONDUCTIVITY TESTS
Constant Head, ASTM D2434...........................................250.00 Falling Head Flexible Wall, ASTM D5084 .........................300.00 Triaxial Permeability, EPA 9100........................................350.00 Remolded Specimen.......................................................... 60.00
CHEMICAL TESTS
Corrosivity (pH, resistivity, sulfates, chlorides)..................220.00 Organic Content, ASTM D2974.........................................100.00 Conditions: Unit rates presented on this fee schedule are for routinely performed geotechnical laboratory tests. Numerous other earth material physical tests can be performed in our geotechnical laboratories, including rock core, soil cement and soil lime mixture tests. Tests not listed can be quoted upon request. This fee schedule is valid through December 31, 2022.
Prices are based on the assumption that samples are uncontaminated and do not contain heavy metals, acids, carcinogens and/or volatile organics which can be measured by an organic vapor analyzer or photoionization detector with a concentration greater than 50 parts-per-million (ppm). Quoted testing fees are based on the assumption that no protective clothing will be required to handle samples. If Level D protective clothing will be required during handling of samples (as defined in Federal CFR Part 1910.120), then a 40% increase in fees presented in this schedule will be applied. Level C protective clothing will be a 60% increase in fees. Converse will not handle samples that require either Level B or Level A protection in our geotechnical laboratories.
Contaminated samples will be returned to the client. Uncontaminated samples will be disposed of 30 days after presentation of test results. The client must disclose the source of samples. Samples imported from out of state will be incinerated after testing in accordance with requirements of the United States Department of Agriculture. Soil samples obtained within the State of California currently designated quarantine areas will also be incinerated in accordance with the requirement of the State of California, Department of Food and Agriculture, Division of Plant Industry, Pest Exclusion. A $5.00 incineration fee will be added to each sample that is required to be incinerated in accordance with State and Federal law.
Test results requiring plots will be presented in a publishable format generated from computer programs. Otherwise, raw test numbers will be presented. A minimum laboratory fee of $50.00 will be charged to present and mail test results. Beyond the standard U.S. Mail delivery, specialized transmittal will be charged at additional cost (e.g., Federal Express, UPS, etc.). Geotechnical testing does not include engineering and/or geologic review and analysis.
Typical turnaround for geotechnical laboratory testing is two weeks (or roughly ten working days). To expedite test turnaround to five working days, a 50% increase in the fees in this schedule will be applied. Many geotechnical tests require at least one week to perform in accordance with ASTM or other standard specifications. Fees presented in this schedule for relatively undisturbed direct shear, consolidation or expansion pressure tests are based on the assumption that 2.416-inch inside diameter brass ring samples will be provided to the geotechnical laboratory for testing. Remolded specimens will be compacted in standard 2.5-inch outside diameter brass rings for direct shear, consolidation and expansion pressure tests. All fees presented in this schedule are based on the assumption that the client will deliver samples to our laboratory at no additional cost to Converse.
Invoices will be issued monthly and are payable on receipt unless otherwise agreed upon. Interest of 1.5% per month (but not exceeding the maximum allowed by law) will be payable on any amount not paid within thirty days; payment thereafter to be applied first to accrued interest and then to the principle unpaid amount. The Client shall pay any attorneys' fees or other costs incurred in collecting any delinquent amounts.
Converse Consultants MTS2022
CONVERSE CONSULTANTS
Schedule of Fees – Materials Laboratory Testing
Compensation for laboratory testing services will be based on rates in accordance with this fee schedule which includes test report(s) and engineering time. Costs of tests not on this schedule will be by quote and/or in accordance with our current hourly fee schedule. Our services will be performed in accordance with the General Conditions. This fee schedule is valid through December 31, 2022.
AGGREGATES
Moisture Content, ASTM D2216 .............................................. 20.00 Particle Size Analysis
Coarse, ASTM C136, each............................................... 100.00 Coarse and Fine, ASTM C136 & C137), each.................. 180.00 Specific Gravity & Absorption
Coarse Aggregate, ASTM C127....................................... 100.00 Fine Aggregate, ASTM C128 ........................................... 100.00 Unit Weight per Cubic Foot, ASTM C29 ............................. 75.00 Soundness, Sodium or Magnesium, ASTM C88, each..... 200.00 Potential Alkali Reactivity, ASTM D289 ............................ 300.00 Freeze Thaw Soundness.................................................. 175.00 Los Angeles Abrasion, per class, ASTM C131, C535....... 220.00 Sand Equivalent, ASTM D2419........................................ 110.00 Lightweight Particles, ASTM C123, each.......................... 100.00 Clay Lumps & Friable Particles, ASTM C142, each.......... 120.00 Stripping Test, ASTM D1664, each .................................... 85.00 Organic Impurities, ASTM C40......................................... 100.00 Durability ...................................................................... By Quote
CONCRETE TESTS
Laboratory Trial Batch, ASTM C192 .................................. By Quote Laboratory Mix Design, Historical Data.............................. By Quote Compression Test, 6”x12” Cylinder, ASTM C39, each............. 45.00 Lightweight Concrete
Compression ...................................................................... 45.00 Unit Weight......................................................................... 45.00 Specimen Preparation, Trimming or Coring, each ................... 60.00 Bond Strength, ASTM C321
Prepared by Converse...................................................... 150.00 Prepared by Others ............................................................ 80.00 Core Compression Test, ASTM C12, each.............................. 80.00 Flexure Test, 6”x6” Beams, ASTM C78, each........................ 110.00 Modulus of Elasticity, Static, ASTM C469, each .................... 150.00 Length Change, ASTM C157, 3 bars, 5 readings each,
up to 26 days.................................................................... 320.00 Splitting Tensile, 6”x12” Cylinders, each.................................. 80.00 Field Concrete Control (sampling, slump, temperature,
cast 4 cylinders, molds, cylinder pick-up, within 10 miles of office, stand-by extra), ASTM/UBC, hourly rate
schedule, or each cylinder.................................................. 95.00 Field Concrete Control (same as above plus air content test), ASTM/UBC, each cylinder.................................................. 95.00 Hold Cylinder........................................................................... 10.00 Cylinder Mold, sent to job site but not cast by Converse or returned to Converse............................................................ 5.00 MASONRY (ASTM C140, E447, UBC STANDARD 24-22)
Moisture Content, as received, each........................................ 20.00 Absorption, each...................................................................... 50.00 Compression, each.................................................................. 55.00 Shrinkage, ASTM C426, each ............................................... 100.00 Net Area and Volume, each ..................................................... 25.00 Masonry Blocks, per set of 9.................................................. 450.00 Masonry Core Compression, each........................................... 55.00 Masonry Core Shear, each...................................................... 55.00 Masonry Core Trimming, each................................................. 55.00 Compression Test, grouted prisms, 8”x8”x16”, each.............. 120.00 Compression Test, grouted prisms, 12”x16”x16”, each.......... 130.00 Compression Test
2”x4” Mortar Cylinder, each ................................................ 45.00 3”x6” Grout Prisms, each.................................................... 45.00 2” Cubes, ASTM C109, each.............................................. 45.00 Cast by Others......................................................................... 45.00 Mortar or Grout Mix Designs.............................................. By Quote
FIREPROOFING TESTS
Oven Dry Density, per sample................................................. 70.00
MOISTURE EMISSION TEST
Moisture Emission Test Kit......................................................80.00
ASPHALTIC CONCRETE
Stability, Flow, and Unit Weight, ASTM D6927 .....................220.00 Marshall ASTM D1559, ASTM D2726...................................220.00 Measured Maximum Specific Gravity of Mix, ASTM D2041,
Rice Method, each ............................................................95.00 Void Analysis of Cores or Marshall Specimens,
Calculations Only, ASTM D3203, set of 2 or 3...................60.00 Laboratory Mixing of Asphalt & Concrete, per sample.............75.00 Complete Asphalt Concrete Mix Design
Hveem or Marshall ......................................................By Quote Extraction of Asphalt and Gradation, ASTM D2172, Method B, or California 310, including ash correction, each .............220.00 Extraction of Rubberized Asphalt & Gradation, each.............250.00 Specific Gravity, ASTM D2726 or ASTM D1188
Uncoated...........................................................................95.00 Coated.............................................................................105.00 Immersion-Compression .......................................................400.00 Particle Coating, ASTM D2489 ...............................................60.00 Stripping, ASTM D1664 ..........................................................70.00 Moisture or Volatile Distillates in Paving Mixtures, or Materials Containing Petroleum Products or
By-Products.....................................................................220.00 Retained Strength, ASTM D1074/D1075, 6 specimens.....By Quote Retained Stability, Mil, Std, 520A, Method 104,
6 specimens ................................................................By Quote CBR, ASTM D1883, including M/D Curve, 1 point ................350.00 Asphalt Temperature...............................................................15.00
STRUCTURAL STEEL
Tensile Test #9 Bar or Smaller, each ......................................60.00 Bend Test #9 Bar or Smaller, each .........................................60.00 Tensile Test #10 Bar or Greater, each ..................................280.00 Tensile Test #14 Bar, each ...................................................310.00 Rebar Coupler Tensile Test ..................................................100.00 Tensile Test, Welded #9 Bar or Smaller, each ......................100.00 Tensile Test, Welded #10 Bar or Greater, each ....................280.00 Tensile Test, Welded #14 Bar, each .....................................310.00 Tensile Test, Mechanically Spliced, #9 Bar or Smaller,
each ................................................................................180.00 Tensile Test, Mechanically Spliced, #10 Bar or Greater, each ................................................................................350.00
HIGH STRENGTH BOLT, NUT, AND WASHER TESTING
Wedge Tensile Test, A490 Bolts
Under 100,000 lbs., each ..................................................65.00 Over 100,000 lbs., each ....................................................75.00 Wedge Tensile Test, A325 Bolts
Under 100,000 lbs., each ..................................................80.00 Tensile Test, Anchor Bolts, tested with displacement
transducers, each............................................................300.00 Nut Hardness, Proof & Cone Proof Load Test, each...............50.00 Washer Hardness, each..........................................................50.00 A325 or A490, Bolt Hardness Only, each................................50.00 Bolt A325 or A490 Wedge Tensile
Under 100,000 lbs. & Hardness, each...............................90.00 Over 100,000 lbs. & Hardness, each...............................150.00 Bolt, Nut & Washer, all tests per set with bolts
Under 100,000 lbs. ..........................................................300.00 Over 100,000 lbs. ............................................................380.00 See Schedule of Fees – Geotechnical Laboratory Testing for soil testing. Hourly rates are available upon request. Field Laboratory rates are available upon request. Listed unit rates are based upon the assumption that samples will be delivered to our laboratory at no cost to Converse.
Elie Farah, Inc
2 of 2
Personnel Hourly rates
FEE SCHEDULE JUNE 2022 TO MAY 2023
TITLE HOURLY RATE
Principal Engineer
$135.00
Senior Transportation Engineer/Project Manager
$130.00
Project Engineer/Civil Engineer/Land Surveyor
$130.00
Traffic/Transportation Engineer
$130.00
Associate Engineer
$115.00
Engineering Draftsperson/CADD
$85.00
Project Administrator/Clerical
$70.00
Word Processing
$65.00
Engineering Aide/Technician/
$85.00
Survey Crew (2-man crew) $175.00
Traffic Counts:
24-hour ADT Count - per direction per day
Turning Movement Count - per 2-hr. period
Parking Occup. Count – per person-hour
$120.00
$170.00
$90.00
Project expenses will be billed at cost plus ten percent for service and handling. Project expenses include project-related costs such as transportation, reproduction, postage, computer charges and subcontractor services.
Hourly rates apply to travel as well as to working time.
Statements will be presented monthly for work completed and will be due and payable on presentation unless prior arrangements are made.
Statements aged more than 45 days will be increased by a 5 percent per month carrying charges unless otherwise specified in contracts.
Elie Farah Inc.
Certified Small Business Enterprise #1443340
Civil and Traffic Engineering
Land Surveying & Construction Management
RCE 42080, TR 1926, LS 8258,
QSD/QSP 21962, REB1095310
1593 Liberty Drive, Corona, CA. 92881
Tel. (951)-898-0772, Fax (951)-278-4110
email: [email protected]
Web: ElieFarahInc.com
347 W MONTANA STREET
PASADENA, CA 91103
LANDSCAPE ARCHITECTURE
415-640-4193
CA #5571
Hourly Rates for 2022
Principal, Jaime Yamashita ............................... $ 140/ hr.
The principal will be billed at $140 per hour. These rates are subject to increase as of December 31, 2022.
Hourly Rates for 2023
Principal, Jaime Yamashita ............................... $ 145/ hr.
The principal will be billed at $145 per hour. These rates are subject to increase as of December 31, 2023.
Community Development—
Environmental & Planning
Director $195
Development Services Manager $189
Project Manager $173
Planning Manager $167
Principal Planner $163
Senior Planner $153
Associate Planner $139
Assistant Planner $129
Planning Technician $98
CEQA/NEPA Specialist $175
Environmental Specialist $170
Senior Environmental Planner $165
Environmental Planner II $155
Environmental Planner I $144
Environmental Technician $ 100
Municipal Engineering Support
Interim City Manager $220
Assistant/Deputy City Manager $197
City Engineer $178
City Traffic Engineer $169
Deputy City Engineer $169
Deputy City Traffic Engineer $161
Plan Check Engineer $178
Plan Examiner $155
CIP Manager $178
Associate Engineer $149
Engineering Associate $142
Engineering Assistant $118
Engineering Technician $106
Building & Safety
Building Official $175
Plan Check Engineer $165
Landscape Plan Checker $162
Senior Certified Access Specialist $165
Certified Access Specialist $155
Plans Examiner $145
Code Enforcement Manager $145
Code Enforcement Officer $127
Senior Building Inspector $127
Building Inspector $120
Grading Inspector $120
Counter Technician $105
2022-2023 HOURLY RATE SCHEDULE
(effective March 1, 2022)
Additional billing classifications may be added to the above list throughout the year as new positions are created. The above schedule is for straight time. Overtime will be charged at 1.5 times. Sundays and Holidays are charged at 2.0 times the standard time. Deposition and court appearances will be charged at 1.5 times the listed billing rates. 3060 Saturn Street, Suite 250 ⚫ Brea, CA 92821 ⚫ Tel: (714) 940-0100 ⚫ Fax: (714) 940-0700 ⚫ www.infrastructure-engineers.com
CLIENT NAME
Principal in Charge $238
Civil Engineering/Traffic Engineering
Project Manager $185
Principal Engineer $180
Senior Engineer $170
Senior Plan Check Engineer $175
Plan Check Engineer $165
Associate Engineer $155
Assistant Engineer $145
Engineering Associate $135
Engineering Assistant $115
GIS Analyst $150
CAD Manager $135
CAD Designer $110
CAD Technician $100
Engineering Technician $105
Principal Traffic Engineer $185
Senior Traffic Engineer $170
Traffic Engineer $150
Water/Wastewater/NPDES
Senior Water Engineer $167
Water Engineer $158
Program Manager (NPDES) $168
Inspector (NPDES) $110
Environmental Scientist $105
Surveying
Project Manager $185
Plan Checker $162
(Subdivision & Survey Document)
Survey Analyst $150
Survey Crew (2-man) $236
Survey Crew $278
(2-man, prevailing wages)
Construction Management
Construction Manager $188
Resident Engineer $188
Scheduler/Controller $163
Utilities Coordinator $138
Senior PW Observer/Inspector $130
Senior PW Observer/Inspector $191
(prevailing wages)
PW Observer/Inspector $113
PW Observer/Inspector $159
(prevailing wages)
Fire Prevention
Fire Marshal $165
Fire Investigator $154
Fire Plans Examiner $143
Senior Fire Inspector $138
Fire Inspector $120
Counter Technician $93
Architectural Services
Director $200
Studio Manager $184
Senior Project Manager/ $176
Senior Architect
Project Manager/Project Architect $155
Senior Job Captain $126
Job Captain $105
Drafter $90
Program Management/Public Outreach
Program Director $184
Web Designer $150
Media Specialist $145
Program Coordinator $135
Photographer $128
Outreach Specialist $125
Interpreter/Translator $125
Production Assistant $85
Fund Administrator $138
Labor Compliance Coordinator $105
Administrative & Clerical Services
Organizer/Supervisor $108
Administrative Assistant $90
Clerk Typist $80
Other Charges
Delivery $110
Mileage (Current federal guideline
rate @ time of billing)/Mile
Travel Cost + 15%
Reimbursements Cost + 15%
FEE SCHEDULE RKA~ CONSU LTI NG G ROU P
2022 HOURLY RATE SCHEDULE
Project Principal / City Engineer $ 170.00
Project Manager ( Registered) $ 150.00
Plan Check Engineer (Registered) $ 150.00
Project Engineer $ 125.00
Engineering Technician $ 85.00
Public Works Inspector $ 90.00
Public Works Inspector-Prevailing Wage $ 1 15.00
Administrative/ Clerical $ 65.00
City of Covina, California
RATE SHEET
Below is SITEREP’s current schedule of hourly rates forpublic works inspectors Effective t June 30, 2020.
The above fees will be increased each year July 1st automatically by the percentage change Los Angeles-Long, Beach-Anaheim California Consumer Price Index-All Urban Consumers (“CPI-U”) for the preceding twelve-month period as calculated for February by the U.S. Department of Labor Bureau of Labor Statistics and published by the United States Bureau of Labor Statistic.
Below is Siterep's current schedule of hourly rates for Project Observers and Public Works Inspectors effective through June 30,
8644 Autumn Path St., Chino, CA 91708 - 909.418.8690
2023.
Project Inspector/Field Observer 95.00Deputy Inspector 115.00Project Manager 135.00
TRANSTECH ENGINEERS, INC.
SCHEDULE OF HOURLY RATES
Effective through June 30, 202 3
Rates are average, negotiable and can be modified to establish a fee for each assignment based on the specific project’s scope, when such projects are identified by the City.
ENGINEERING CONSTRUCTION
MANAGEMENT BUILDING & SAFETY
Field Technician $86 Labor Compliance Analyst $145 Permit Technician $86 Engineering Technician $102 Funds Coordinator $150 Plan Check Technician/Analyst $118 Assistant CAD Drafter $124 Utility Coordinator $161 Building Inspector $118 Senior CAD Drafter $145 Office Engineer $145 Senior Inspector $134 Associate Designer $150 Construction Inspector $145 Plans Examiner/Checker $145 Senior Designer $161 Senior Construction Inspector $156 Plan Check Engineer $161 Design Project Manager $199 Construction Manager $199 Deputy Building Official $161 Assistant Engineer $129 Resident Engineer $199 Building Official $172 Staff/Associate Civil Engineer $156 PUBLIC WORKS INSPECTION PLANNING Senior Civil Engineer $209 Public Works Inspector $145 Community Development Technician $86 Traffic Analyst Technician $118 Senior Public Works Inspector $156 Planning Technician $91 Associate Traffic Analyst $140 Supervising PW Inspector $161 Assistant Planner $129 Senior Traffic Analyst $161 SURVEY AND MAPPING Associate Planner $135 Professional Transportation Planner $177 Survey Analyst $145 Senior Planner $166 Traffic Engineer Technician $102 Senior Survey Analyst $156 Planning Manager $177 Associate Traffic Engineer $156 2-Man Survey Crew $333 ADMINISTRATIVE STAFF Traffic Engineer $177 Survey & Mapping Specialist $188 Administrative/Clerical $70 Senior Traffic Engineer $199 Licensed Land Surveyor $204 Project Accountant $86 Project Manager $183 FUNDING & GRANT WRITING
Senior Project Manager $199 Funds Analyst $140
Deputy City Engineer $172 Senior Funds Analyst $150
City Engineer $188 Graphic & Rendering Designer $134
Principal Engineer $209 Grant Writer $166
Funds & Grant Project Manager $188
The above fees will be increased each year July 1
The above fees will be increased each year July 1st automatically by the percentage change Los Angeles-Long Beach-Anaheim California Consumer Price Index-All Urban Consumers (“CPI-U”) for the preceding twelve-month period as calculated for February by the U.S. Department of Labor Bureau of Labor Statistics and published by the United States Bureau of Labor Statistic.
WILLDAN ENGINEERING
Schedule of Hourly Rates
Effective July 1, 2022 to June 30, 2023
** For Non-Prevailing Wage Project *** For Prevailing Wage Project Mileage/Field Vehicle usage will be charged at the rate in accordance with the current FTR mileage reimbursement rate, subject to negotiation.
Additional billing classifications may be added to the above listing during the year as new positions are created. Consultation in connection with litigation and court appearances will be quoted separately. The above schedule is for straight time. Overtime will be charged at 1.5 times, and Sundays and holidays, 2.0 times the standard rates. Blueprinting, reproduction, messenger services, and printing will be invoiced at cost plus fifteen percent (15%). A sub consultant management fee of fifteen percent (15%) will be added to the direct cost of all sub consultant services to provide for the cost of administration, consultation, and coordination. Valid July 1, 2022 thru June 30, 2023, thereafter, the rates may be raised once per year to the value between the 12-month % change of the Consumer Price Index for the Los Angeles/Orange County/Sacramento/San Francisco/San Jose area and five percent. For prevailing wage classifications, the increase will be per the prevailing wage increase set by the California Department of Industrial Relations.
Rev 06.09.2022V03
DESIGN ENGINEERING
Technical Aide I $74
Technical Aide II $96
Technical Aide III $115
CAD Operator I $120
CAD Operator II $139
CAD Operator III $154
GIS Analyst I $160
GIS Analyst II $175
GIS Analyst III $185
Environmental Analyst I $133
Environmental Analyst II $149
Environmental Analyst III $159
Environmental Specialist $171
Designer I $160
Designer II $166
Senior Designer I $175
Senior Designer II $184
Design Manager $185
Senior Design Manager $188
Project Manager I $169
Project Manager II $187
Project Manager III $197
Project Manager IV $212
Principal Project Manager $216
Program Manager I $187
Program Manager II $199
Program Manager III $217
Assistant Engineer I $133
Assistant Engineer II $148
Assistant Engineer III $157
Assistant Engineer IV $165
Associate Engineer I $170
Associate Engineer II $177
Associate Engineer III $181
Senior Engineer I $184
Senior Engineer II $188
Senior Engineer III $191
Senior Engineer IV $195
Supervising Engineer $199
Traffic Engineer I $199
Traffic Engineer II $212
City Engineer I $212
City Engineer II $220
Deputy Director $220
Director $226
Principal Engineer $245
BUILDING AND SAFETY
Assistant Code Enforcement Officer $98
Code Enforcement Officer $112
Senior Code Enforcement Officer $132
Supervisor Code Enforcement $160
Plans Examiner Aide $105
Plans Examiner $160
Senior Plans Examiner $175
Assistant Construction Permit Specialist $112
Construction Permit Specialist $118
Senior Construction Permit Specialist *** $139
Supervising Construction Permit
Specialist $147
Assistant Building Inspector $132
Building Inspector*** $147
Senior Building Inspector $160
Supervising Building Inspector $175
Inspector of Record $187
Deputy Building Official $187
Building Official $189
Plan Check Engineer $183
Supervising Plan Check Engineer $185
Principal Project Manager $216
Deputy Director $220
Director $226
PLANNING
CDBG Technician $78
CDBG Specialists $93
CDBG Analyst $110
CDBG Coordinator $138
CDBG Manager $166
Planning Technician $118
Assistant Planner $147
Associate Planner $160
Senior Planner $182
Principal Planner $189
Planning Manager $201
Deputy Director $220
Director $226
ADMINISTRATIVE
Administrative Assistant I $90
Administrative Assistant II $109
Administrative Assistant III $127
Project Accountant I $102
Project Accountant II $119
Project Controller I $127
Project Controller II $143
CONSTRUCTION MANAGEMENT
Labor Compliance Specialist $132
Labor Compliance Manager $166
Utility Coordinator $167
Office Engineer I $133
Office Engineer II $148
Assistant Construction Manager $145
Construction Manager $168
Senior Construction Manager $182
Resident Engineer I $189
Resident Engineer II $196
Project Manager IV $212
Deputy Director $220
Director $226
INSPECTION SERVICES
Public Works Observer ** $113
Public Works Observer *** $138
Senior Public Works Observer** $124
Senior Public Works Observer *** $138
MAPPING AND EXPERT SERVICES
Survey Analyst I $139
Survey Analyst II $160
Senior Survey Analyst $182
Supervisor - Survey & Mapping $191
Principal Project Manager $216
LANDSCAPE ARCHITECTURE
Assistant Landscape Architect $139
Associate Landscape Architect $160
Senior Landscape Architect $175
Principal Landscape Architect $185
Principal Project Manager $216
CC Regular Meeting
AGENDA ITEM REPORT
ITEM NO. CC 8
Meeting: CC Regular Meeting - Sep 06 2022
Title: Approve Professional Services Agreements with Shuster Advisory Group, LLC for Plan Consulting and Investment Fiduciary Services, Authorize the City Manager to Execute these Agreements, and Adopt Resolution CC 2022-94 to Appoint the City Manager as Plan Administrator of the City's 457(b) and 401(a) Defined Contribution Retirement Plans
Presented By: Suzanne Stone, Human Resources Manager
Anita Agramonte, Director of Administrative Services
Christopher Marcarello, City Manager
Recommendation: That the City Council approve the following:
1. Approve a Professional Services Agreement (Agreement) between the City of Covina (“City”) and Shuster Advisory Group, LLC (“Shuster”) for plan consulting, investment advisory and investment fiduciary services to the defined contribution plans and authorize the City Manager to execute;
2. Adopt Resolution CC 2022-94 to appoint the City Manager as the Plan Administrator for the City's 457(b) & 401(a) defined contribution plans;
3. Authorize the City Manager to designate a staff member as he deems appropriate to assist in performing Plan Administrator duties;
4. Authorize the Plan Administrator and/or his designee to execute necessary service provider agreements related to the administration of the defined contribution plans; and
5. Authorize the Plan Administrator and/or his designee to assign administrative duties for the Plan to appropriate departments and staff to fulfill City’s fiduciary duties as the plan sponsor.
EXECUTIVE SUMMARY:
In an effort to best manage the City's 457(b) deferred compensation and 401(a) defined contribution plans, the City is recommending approval of the professional services agreement with Shuster Advisory Group, LLC (Attachment A) and authorization for the City Manager to execute the agreement.
BACKGROUND:
The City provides three employer-sponsored deferred compensation plans qualified under Section 457(b) of the Internal Revenue Code (“IRC”). The plans currently are record-kept by Nationwide Retirement Solutions, MissionSquare Retirement, and Empower, herein collectively referred to as “the Plans.” The 457(b) Plans provide tax benefits to employees who make deposits into the Plans for their retirement. The City also offers smaller defined contribution plans for a select group of employees that are qualified under Section 401(a) of the IRC.
These 401(a) plans are record-kept by MissionSquare and MidAmerica. These plans also provide tax benefits for employees on the deposits made by the City and the employees. There is no need for the Plans to receive administrative services from multiple recordkeepers. By doing so there is no benefit of economies of scale. Thus, participants pay higher fees.
City Staff have reviewed the plan documents and administration of the Plans. Currently, the Plans provide that the City of Covina, through its City Council, is the plan administrator (“Administrator”), which bears the fiduciary liability and responsibilities for the administration, assets, and investments of the Plans.
It is advised that City Council clearly identify and appoint a member of the City’s management team as the Plan Administrator to serve the best interests of the City of Covina, the Plans, and their participants. Because City Council is a policy body and does not have the time or resources to administer the plans on a day-to-day basis, it is recommended to delegate the financial liability and responsibilities for the administration, assets, and investment of the Plans to the City Manager and whichever designee he may reasonably need to assist.
As the Plan Sponsor, the City has certain fiduciary duties and responsibilities under State law (California State Constitution, Article XVI Section 17). These duties and responsibilities focus on ensuring the operation and investment of the public retirement plan is for the exclusive purpose of providing benefits to participants and beneficiaries. Specifically, fiduciary responsibilities include:
• Investing the assets of the plan;
• Administering the plan; and
• Engaging in a prudent process for making all decisions related to the operation of the plan, including decisions related to the plan's investments and related services.
Also as the Plan Sponsor, the City has the right to contract with third-party service providers in fulfilling the City’s responsibilities for the Plans. The City currently utilizes Nationwide, MissionSquare, and Empower to provide recordkeeping and administration services for the Plans. These recordkeepers are prohibited from being fiduciaries to the Plans.
In researching companies, the City became aware of Shuster Advisory Group. Staff from the City Manager's office and Administrative Services met with Shuster to learn more about their process and the results Shuster obtained for other cities. Shuster provides fiduciary and consulting services to over 60 other Southern California cities and agencies, including the cities of Chino, Ontario, Riverside, Azusa, La Verne, Arcadia, Upland, Walnut, Claremont, Lakewood, Downey, San Bernardino, and Beverly Hills. The Cities utilized Shuster to evaluate their contract terms, plan fees and investments with their current providers. Shuster also conducted RFP’s to alternative recordkeepers resulting in the cities greatly reducing their plan fees, improving the guaranteed interest rates, enhancing their investment line-ups and boosting participant services.
One of Shuster’s greatest strengths is in their fee and interest rate negotiations. Although investment results cannot be guaranteed due to the unpredictability of the market, the City anticipates City employees will see an improvement in fees and investment returns.
DISCUSSION:
At no cost to the City, Shuster conducted a review of the City’s existing plans, including a Request for Information (“RFI”) to the City’s incumbent providers. The RFI includes a review of all contract related data, including but not limited to: Administrative fees associated with the plans, investment options, cash flows, asset values, fixed account interest rates, and additional fees that may be charged by the plans. Utilizing the information obtained through the RFI, Shuster requested an RFP from leading recordkeepers, including all three incumbents, to determine whether the incumbent Plans are competitive, and fees assessed are reasonable. Based on the responses to the RFP, Staff is recommending consolidating the administration of the Plan to a single recordkeeper, Nationwide, and enter into a new recordkeeping agreement with Nationwide that will result in an 91% reduction in plan record keeping costs, an 0.85% increase in the stable value fund crediting rate, and a 58% reduction in total plan costs, inclusive of the Shuster consultant fee. Additionally, the quality of investments available in the Plans will be significantly improved with institutional class mutual fund options available for participants to invest.
Assuming approval from Council, Staff and Shuster will begin the product conversion process with a targeted completion of approximately 60-90 days from approval. Shuster provides conversion support services, including the review and consultation on plan design and provisions. Per the Agreement (Attachment B), the fee for Shuster’s services is $2,000 per month and will be paid by plan assets, thus there will be no financial outlay from the City.
Based on Shuster’s performance and demonstrated experience in the RFI and RFP processes, the City would like to engage Shuster to provide investment advisory and consulting services for our plans. Shuster will act as a fiduciary to the plan investments and will implement a due diligence process for the City to follow and assist the City in meeting its fiduciary responsibilities. Shuster’s services will include the following:
• Investment Fiduciary;
• Fiduciary education and training;
• Investment policy statement development;
• Plan conversion support;
• Compliance assistance;
• Quarterly investment monitoring;
• In-depth qualitative and quantitative fund analysis;
• Annual plan demographic review; and
• Participant education strategy and support (including on-site meetings).
At no extra cost to the City or participants, the City is able to obtain the needed Fiduciary, Investment and Advocacy services our City and plan participants need. Shuster’s Professional Services Agreement will be effective through September 6, 2027, with the option for the City to extend the Agreement for two additional oneyear terms. The contract may be terminated by either party with 60-days notice and without penalty.
FISCAL IMPACT:
There is no fiscal impact to the City for funding the fees for Shuster Advisory Group, LLC's, which are paid through Nationwide with plan assets, at a set rate of $2,000.00 per month.
CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):
Not applicable.
ATTACHMENTS:
Attachment A - Shuster PSA
Attachment B - Resolution CC 2022-94
Respectfully submitted,
12923-0001\1917425v3.doc
PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement (“Agreement”) is dated September 6, 2022 (“Effective Date”) and is between the City of Covina, a California municipal corporation (“City”) and Shuster Advisory Group, LLC, a California limited liability company (“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 the services described in this Agreement according to the terms of this Agreement.
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.
D. City, as the responsible plan fiduciary has the authority to designate investment alternatives under the Plan and the related trust, and to enter into an Agreement with third parties to assist in these and related duties.
The parties therefore agree as follows:
1. Term of Agreement. The term of this Agreement shall be from the Effective Date through September 6, 2027, 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 September 6, 2029.
2. Compensation.
A. Compensation. As full compensation for Consultant’s services provided under this Agreement, Consultant shall receive the total annual sum of Twenty-four Thousand Dollars ($24,000) (the “maximum compensation”), 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 Consultant Representative, 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.
12923-0001\1917425v3.doc
3. Consultant’s Services.
A. Scope of Services. Consultant shall perform the services related to the City’s 457(b) deferred compensation and 401(a) defined contribution plans as described in the Scope of Services attached as Exhibit B and as described below. 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. Consultant agrees to provide the following services to City:
1. Consultant will perform the Fiduciary and Non-Fiduciary Services described in Exhibit B.
2. City acknowledges that Consultant has no responsibility to provide any services related to the following types of assets: employer securities; real estate (except for real estate funds and publicly traded REITs); stock brokerage accounts or mutual fund windows; in-plan retirement income annuity products; participant loans; non-publicly traded partnership interests; other non-publicly traded securities (other than collective trusts and similar vehicles); or other hard-tovalue securities or assets. Such assets (except for real estate funds, publicly traded REITs, and collective trusts and similar vehicles) shall be referred to collectively as “Excluded Assets.” The Excluded Assets shall be disregarded in determining the Fees payable to Consultant pursuant to this Agreement, and the Fees shall be calculated only on the remaining assets (the “Included Assets”).
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 Mark Shuster, Managing Member (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.
City represents and warrants as follows:
1. It is the responsible plan fiduciary for the control and/or management of the assets of the Plan, and for the selection and monitoring of service providers for the Plan. Consultant is entitled to rely upon this statement until notified in writing to the contrary.
2. The person signing the Agreement on behalf of City has all necessary authority to do so.
3. The execution of this Agreement and the performance thereof is within the scope of the investment authority authorized by the governing instrument and/or applicable laws. The signatory on behalf of City represents that the execution of the Agreement has been duly authorized by appropriate action and agrees to provide such supporting documentation as may be reasonably required by Consultant.
4. The Plan and related trust permit payment of fees out of Plan assets. City has determined that the fees charged by Consultant are reasonable and are
12923-0001\1917425v3.doc
the obligation of the Plan; however, if City desires, it may pay the fees directly, rather than with Plan assets.
Consultant represents as follows:
1. Consultant is registered as an investment adviser (“RIA”) under the Investment Advisers Act of 1940.
2. The person signing this agreement on behalf Consultant has the power and authority to enter into and perform this Agreement.
3. Consultant agrees to take reasonable steps to protect private participant information and plan investment data in its possession;
4. Consultant is not responsible for the assessment of systems and procedures of third parties for the protection of plan and participant data;
5. Consultant is not responsible for the actions by or the failure to act by City, by other service providers, or by Plan participants to protect data;
6. Consultant shall have no liability in the event of a data breach or a violation of participant privacy rights (under the California Consumer Privacy Act or otherwise) unless said breach is the direct result of negligence, recklessness, or willful misconduct of an employee of Consultant.
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.
4. Method of Payment. Consultant fees for actual services performed related to the City’s 457(b) deferred compensation and 401(a) defined contribution plans will be deducted from Plan assets and will be paid to Consultant by the record-keeper as described in Exhibit A.
12923-0001\1917425v3.doc
A. Audit of Records. Consultant shall make all records 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 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 be furnished to the City by Consultant upon City’s request no later than 30 days following the termination or completion date. Consultant will retain all Written Products for a period of two (2) years for active records, and five (5) years for inactive records, for a total of seven (7) years, as per the City’s Records Retention Schedule.
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.
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
12923-0001\1917425v3.doc
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.
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.
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 may only disclose any Data
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to any person or entity as necessary to perform the services listed in Exhibit B. 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. CONSULTANT agrees to the following:
1. Indemnification for Professional Services. Consultant agrees to indemnify, hold harmless and defend City, its City Council and each member thereof and every officer and employee of the City from any and all liability or financial loss resulting from any suits, claims, losses or actions brought against City and from all costs and expenses of litigation brought against City, its City Council and each member thereof and any officer or employee of City which results directly or indirectly from the wrongful or negligent actions of Consultant’s officers, employees, agents or others employed by Consultant while engaged by Consultant in the performance of this Agreement.
B. CITY agrees to the following:
i. Investment Performance. Investments are subject to various market, political, currency, economic, and business risks, and may not always be profitable. As a result, Consultant does not and cannot guarantee financial results and thus City holds Consultant harmless from and against any claim, action, damages, costs (including, without limitation, attorneys’ fees), injuries, liability or loss arising from investment performance. ii. Participant Investment Selection. City holds Consultant harmless from and against any claim, action, damages, costs (including, without limitation, attorneys’ fees), injuries, or liability, arising from the personal investment selections of Plan participants and performance of such investments.
C. For purposes of this Section 16, “City” includes City’s officers, officials, employees, agents, representatives, and certified volunteers.
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D. Workers’ Compensation Acts not Limiting. Consultant’s indemnifications and 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.
E. 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. The indemnities in this Section 10 shall apply regardless of whether or not any insurance policies are determined to be applicable to the liability, tax, assessment, penalty or interest asserted against City.
F. Survival of Terms. Consultant’s indemnifications and obligations under 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 against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Consultant, his agents, representatives, employees or subcontractors as follows:
1) Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than Two Million Dollars ($2,000,000) per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 05 09 or 25 04 05 09) or the general aggregate limit shall be twice the required occurrence limit. 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: ISO Form Number CA 0001 covering any auto (Code 1), or if Consultant has no owned autos, covering hired, (Code 8) and non-owned autos (Code 9), with limit no less than One Million Dollars ($1,000,000) per accident for bodily injury and property damage. Insurance for any owned, non-owned or hired vehicle used in connection with the performance of this Agreement with a combined single limit of 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: As required by the State of California and Employer’s Liability Insurance with a minimum limit of no less than One Million Dollars
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($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 (or Errors and Omissions): Insurance appropriate to the Consultant’s profession, with limit no less than Two Million Dollars ($2,000,000) per occurrence or 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 current rating of A:VII or better in the latest edition of the A.M. Best Insurance Rating Guide. Selfinsurance 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. For any claims related to this contract, the Consultant’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents or volunteers shall be in excess of the Consultant’s insurance and shall not contribute with it.
E. Consultant’s Waiver of Subrogation. Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
F. Deductibles and Self-Insured Retentions. The City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.
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
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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 amendatory endorsements evidencing and effecting the coverages required under this Section 11. All certificates and endorsements are to be received and approved by the City’s before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Consultant’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. The 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. The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
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 and verify that each of its subcontractors who perform services under this Agreement to maintain insurance coverage that meets all of the requirements of this Section 11, and Consultant shall ensure that the City is an additional insured on insurance required from subcontractors.
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.
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 no less than six (6) 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 sixty
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(60) 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 agreed upon terms in Exhibit A. 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 electronic mail delivery to or from City and Consultant’s email domains (@covinaca.gov and @sfgrpc.com respectively), (c) confirmed delivery by reputable document delivery service or courier service during Consultant’s and City’s regular business hours, or (d) 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: Suzanne Stone, Attn: Mark Shuster,
Human Resources Manager Managing Member
City of Covina Shuster Advisory Group, LLC
125 E. College Street 225 S. Lake Ave., Suite 600
Covina, California 91723 Pasadena, CA 91101
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, 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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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 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.
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.
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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. Dispute Resolution. The parties shall engage in reasonable and good faith discussions to resolve any dispute arising out of or relating to this Agreement. If the parties are unable to agree between themselves, the parties will submit the dispute to non-binding mediation conducted by a private mediator agreed to by both parties. If the parties cannot agree on a mediator, the mediator may be selected by a nationally recognized, independent arbitration or mediation organization to which the parties mutually agree. The costs of mediation shall be borne equally by the parties, and each party shall pay its own expenses. If the parties are unable to resolve the dispute through nonbinding mediation, either party may initiate litigation via Section 28 of this Agreement; provided, however, that if one party requests mediation and the other party rejects the proposal or refuses to participate, the requesting party may initiate litigation immediately upon such refusal.
28. 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.
29. Attorneys’ Fees. In any litigation or other proceeding by which one 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.
30. 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.
31. 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.
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The parties, through their duly authorized representatives, are signing this Agreement on the date stated in the introductory clause.
City: Consultant:
City of Covina, Shuster Advisory Group, LLC
a California municipal corporation a California limited liability company By:
Name:
Title:
ATTEST:
By:
Name: Fabian Velez
Title: Deputy City Clerk
APPROVED AS TO FORM:
By:
Name: Candice K. Lee
Title: City Attorney
By:
Name: Mark Shuster
Title: Managing Member
By:
Name: JoAnn Parrino
Title: Member
(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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EXHIBIT A
APPROVED FEE SCHEDULE
1. All fees are billed in arrears.
2. The initial fee will be the amount, prorated for the number of days included in the initial billing period from the effective payment start date.
3. If this Agreement is terminated prior to the end of a billing period, Consultant shall be entitled to a fee, prorated for the number of days in the billing period prior to the effective date of termination.
4. All fees will be due and payable within 30 days and are payable to “Shuster Advisory Group, LLC”
5. The annual fee for services shall be as follows:
Beginning with the effective date of this Agreement and continuing until the earlier of the date the plans are converted to a new record-keeper and assets from the prior record-keeper are transferred, the date the plan is converted to a new record-keeper and the first payroll deferral is processed by the new record-keeper, or the date it is decided to remain with the incumbent record-keeper and new pricing is implemented, if applicable, (hereafter known as the “Conversion Date”) the fee for service shall be $2,000.00 per month. Fees will accrue and will be deducted from Plan assets and will be paid to Consultant by the record-keeper.
After the “Conversion Date”, the fee for service shall be $2,000.00 per month. Fees will be deducted from Plan assets and will be paid to Consultant by the record-keeper.
At Consultant’s discretion the billing period described above may be adjusted to quarterly.
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EXHIBIT B
SCOPE OF SERVICES
FIDUCIARY SERVICES
Consultant will perform the following fiduciary services:
1. Development of an Investment Policy Statement (“IPS”). The IPS establishes the investment policies and objectives for the Plan(s), and shall set forth the asset classes and investment categories to be offered under the Plan(s), as well as the criteria and standards for selecting and monitoring the investments. The City shall have the ultimate responsibility and authority to establish such policies and objectives and to adopt the investment policy statement.
2. Consistent with the Investment Policy Statement, Consultant will select the initial investment options within the Plan(s).
3. Consultant will periodically review the investments within the Plan(s) and shall be responsible for making additions/deletions thereto.
4. Consultant will provide periodic investment advisory reports that document consistency of fund management and performance to the guidelines set forth in the IPS, and to make recommendations to maintain, or remove and replace investment options. Reports to include Market Overview, In-Depth Portfolio Summary, Plan Asset Allocation Analysis and Fund Performance Comparison to the Index.
5. Meet with City on a periodic basis to discuss reports and recommendations.
6. Annually review the IPS with the City to ensure it continues to meet the City’s needs.
7. Selection of a default investment for participants who fail to make an investment election.
8. Coordinate the Deferred Compensation Committee meetings, record the meeting minutes and provide minutes to the attending members.
LIMITATIONS ON FIDUCIARY SERVICES
Consultant shall not be responsible or liable for the recommendations of or services rendered by anyone other than Consultant. The ability to perform the above services is contingent upon the rules, policies, processes, and responsiveness to our requests for information of City, Plan Sponsor, Record Keeper(s), and/or Third Party Administrator(s).
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NON-FIDUCIARY SERVICES
Consultant will perform the following Non-Fiduciary services:
1. Provide Plan design consulting and Plan document review
2. Provide vendor management/issue resolution
3. Provide consulting assistance on fiduciary best practices
4. Assist in the transition of previous record-keeper(s) and/or Plan provider(s)
5. Provide custom communications when needed
6. Assist in communications with recordkeeper(s) and/or Plan provider(s)
7. Distribute Plan level newsletters
8. Provide RFP services and Plan fee negotiations
9. Incumbent vendor and fee review
10. Contract review support
11. Employee education, including, but not limited to, printed educational materials and an annual in-person session
12. Provide assistance with mandatory and optional legislative changes
LIMITATIONS ON NON-FIDUCIARY SERVICES
Consultant shall not be responsible or liable for the recommendations of or services rendered by anyone other than Consultant. Consultant and City/Plan Sponsor will work together to determine mutually agreed upon for services requiring both parties coordinate and/or attend. The ability to perform the above services is contingent upon the rules, policies, processes, and responsiveness to our requests for information of City, Plan Sponsor, Record Keeper(s), and/or Third-Party Administrator(s).
RESOLUTION CC 2022-94
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COVINA,
CALIFORNIA, APPOINTING THE CITY MANAGER AS THE PLAN
ADMINISTRATOR OF THE CITY’S DEFINED CONTRIBUTION PLANS
WHEREAS, the City of Covina (“City”) is a municipal corporation duly organized and existing pursuant to the Constitution and laws of the State of California; and WHEREAS, the City of Covina sponsors and maintains the following defined contribution plans (collectively, "Plans") for the benefit of its eligible employees:
• 457(b) Plan
• 401(a) Plan
WHEREAS, the Plans currently provide that (i) City (through the City’s governing body) or (ii) a committee or another person designated by the City will be the administrator and responsible for the administration, assets and investments of the Plans; and WHEREAS, currently, the City Council is the administrator and bears the fiduciary liability and responsibilities for the administration, assets, and investments of the Plans; and WHEREAS, leading pension attorneys strongly advise plan sponsors, which in the municipal governmental space is the City/City Council, appoint an administrator so that the City Council will not be legally responsible and liable for the administration and investment of the Plans; and
WHEREAS, based on fiduciary best practices and following internal consultation City staff recommends the appointment of the City Manager as the administrator of the Plans; and WHEREAS, the City Council deems it to be in the best interests of the City and the Plans’ participants to appoint the City Manager as administrator of the Plans.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COVINA, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City Council of Covina hereby appoints the City Manager, and any City staff he/she may designate to assist him/her in that role, as the administrator of the Plans, with responsibility for the administration, assets and investments of the Plans; and SECTION 2. The City Council authorizes and directs the City Manager to take all such actions deemed necessary or appropriate to implement this Resolution.
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 6
th day of September, 2022.
Resolution CC 2022-94 Page 2 of 2
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 2022-94 was duly adopted by the City Council of the City of Covina at a regular meeting held on the 6
th day of September, 2022, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Dated:
____________________________________________
FABIAN VELEZ, Deputy City Clerk
CC Regular Meeting
AGENDA ITEM REPORT
ITEM NO. CC 9
Meeting: CC Regular Meeting - Sep 06 2022
Title: Approve Professional Services Agreement with Alderman & Hilgers, LLP for Legal Services
Presented By: Suzanne Stone, Human Resources Manager
Anita Agramonte, Director of Finance
Recommendation: Staff recommends that the City Council approves a Professional Services Agreement (Agreement) between Alderman & Hilgers, LLP and the City of Covina for Legal Services and authorize the City Manager to execute.
EXECUTIVE SUMMARY:
To ensure all current and future third party liability matters are being properly managed and defended, and to minimize losses to the greatest extent possible, the City is seeking approval for the City Manager to execute a legal services contract with the law firm of Alderman & Hilgers, LLP (Attachment A).
BACKGROUND:
The City has been utilizing the legal services of The Law Offices of Robert J Gokoo for several years. Mr. Gokoo has successfully mitigated losses and defended the City against third party liability claims. However, Mr. Gokoo is retiring at the end of the 2022 calendar year, resulting in the need to secure new representation prior to his departure. The City researched firms with strong credentials for defending public entities and chose Dan Alderman of Alderman & Hilgers, LLP to replace Mr. Gokoo.
Alderman & Hilgers, LLP is an experienced law firm, specializing in representing public entities, insurance defense, and business litigation. Dan Alderman has been practicing law since 1986 and obtained his real estate broker's license in 2006. His unique combination of legal expertise and real estate knowledge allows him to provide a thorough defense in liability matters for the agencies he represents. Mr. Alderman has a proven track record for handling a variety of disputes for various public entities in the Southern California region, ranging from contractual disputes, fraud, third party liability, construction accidents, and use of force.
Staff from the City Managers Office and the Administrative Services Department met with Managing Partner, Dan Alderman to discuss the City's needs as well as pricing. It was determined Alderman & Hilgers, LLP would be the best fit for the City based on their extensive experience managing and defending liability claims, as well as their reasonable rates.
The City desires to enter into a contract with Alderman & Hilgers now, in order for Mr. Gokoo to seamlessly transition any current cases prior to his retirement in December 2022. All new cases will also be assigned to Alderman & Hilgers in order to begin phasing out Mr. Gokoo's services.
DISCUSSION:
Per the Agreement (Exhibit A), Alderman & Hilgers shall receive compensation for all services rendered at an hourly rate as set forth in Exhibit A. Rates will remain the same through September 25, 2025. Thereafter, Consultant shall notify the City in writing, thirty (30) days prior to any rate increase. These rates will cover consulting services and services for defense of Third-Party Liability Claims. City staff and Alderman & Hilgers are aware that compensation shall not exceed $100,000.00 in any fiscal year during the term of this agreement without City Council approval. The term of this Agreement shall be ongoing unless either party wishes to terminate the relationship and does so in writing with advanced notice.
FISCAL IMPACT:
Funding for legal representation was included in the City’s Fiscal Year 2023 budget, which was approved by City Council on May 17, 2022.
CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):
Not applicable.
ATTACHMENTS:
Attachment A - Alderman Hilgers LLP PSA
Respectfully submitted,
PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement (“Agreement”) is dated September 6, 2022 (“Effective Date”) and is between the City of Covina, a California municipal corporation (“City”) and Alderman & Hilgers, LLP, a California limited liability company (“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 the services described in this Agreement according to the terms of this Agreement.
Consultant shall represent the City in civil litigation as assigned by the City from time-to-time on a periodic basis.
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. This Agreement shall be from the Effective Date and continue in effect until terminated by the City or Consultant as provided herein. City or Consultant may terminate this Agreement at any time, with or without cause, on written notice to the other party.
City shall endeavor to provide ten (10) days written notice to Consultant but shall not be obligated to do so. Consultant shall provide sixty (60) days written notice to City prior to termination of this Agreement. In the event of termination Consultant shall comply with all provisions of the Rules of Professional Conduct for the termination of a client relationship, shall assist the City in transition to a new firm, and shall be compensated for such assistance at the rates provided for in this Agreement.
2. Compensation.
A. Compensation. As full compensation for Consultant’s services provided under this Agreement, Consultant shall pay Consultant a sum not to exceed one hundred thousand dollars ($100,000) (the “maximum compensation”), per fiscal year without additional approval of the City Council, based on the hourly rates 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 Consultant Representative, 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 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 Daniel S. Alderman, Managing Partner (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.
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.
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 Administrative Services 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 documents 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.
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. 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 may only disclose any Data to any person or entity as necessary to perform the services listed in Exhibit B, or with prior written consent from the City. 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 7 shall survive the expiration or termination of this Agreement.
8. 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 8 into any subcontract that Consultant executes in connection with the performance of this Agreement.
9. Indemnification.
A. Consultant shall hold the City, its officers, employees, agents, and volunteers harmless and free from any and all claims or liabilities or expenses, including attorneys’ fees, caused by Consultant’s negligent or wrongful performance of its services pursuant to this Agreement, save and except for any such claim, liability, or expense arising out of the willful misconduct, sole negligence or concurrent active negligence of the City and/or the City’s officers, employees, agents, or volunteers named in any lawsuit, or should any claim be made against it or any of them by lawsuit or otherwise arising out of or relating to Consultant’s performance of its services pursuant to this Agreement, other than a lawsuit or claim arising out of or relating to Consultant’s performance of its services pursuant to this Agreement, other than a lawsuit or claim arising out of their willful misconduct, sole negligence or concurrent active negligence, Consultant shall reasonably defend and indemnify them for any judgment rendered against them.
B. Survival of Terms. Consultant’s indemnifications and obligations under this Section 9 shall survive the expiration or termination of this Agreement.
10. 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, the following insurance coverage, more specifically contained in Exhibit “C”:
Type of Insurance Limits (Comb. Single)
1. Professional Liability Insurance $1,000,000
2. Liability Insurance Coverage $1,000,000
3. Workers’ Compensation Statutory Requirement
4. Automobile Liability Coverage $1,000,000
B. Acceptability of Insurers. The insurance policies required under this Section 10 shall be issued by an insurer admitted to write insurance in the State of California with a current rating of A:VII or better in the latest edition of the A.M. Best Insurance Rating Guide. Selfinsurance shall not be considered to comply with the insurance requirements under this Section 10.