Agenda — Covina City Council, December 20, 2022 (part 2 of 3)

14 12923/0008/2689735-2
with the Initial Development Approvals, and shall therefore not be applicable to Development of the Property with the Project.
(f) Regulations which are in conflict with the Initial Development Approvals provided OWNER has given written consent to the application of such regulations to Development of Property.
(g) Modifications in Federal or State laws and regulations which CITY is required to enforce as against the Project or the Development of the Property.

Changes in, or additions to, the Land Use Regulations shall apply to the Project if such changes or additions are specifically mandated to be applied to developments such as the Project by applicable California or federal laws or regulations that go into effect on or after the Effective Date, which prevent or preclude compliance with one or more of the provisions of this Agreement. If CITY or OWNER believes that such a change or addition required by California or federal law or regulation exists, then that party shall provide the other party hereto with a copy of such California or federal law or regulation and a statement of the nature of its conflict with the provisions of the Land Use Regulations and/or of this Agreement. In the event that any such change or addition shall be required by California or federal law or regulation, then the provision(s) of this Agreement that require said change(s) shall be modified or suspended as may be necessary to comply with such state or federal laws or regulations and CITY shall reasonably cooperate with OWNER in minimizing the impact of such change upon the Project and the Property. This Agreement shall remain in full force and effect to the extent it is not inconsistent with such laws or regulations and to the extent such laws or regulations do not render such remaining provisions impractical to enforce.

3.6.2 Future Discretion of CITY. This Agreement shall not prevent CITY, in acting on Subsequent Development Approvals, from applying Subsequent Land Use Regulations which do not conflict with the Initial Development Approvals, including, without limitation, the Development Plan or this Agreement as set forth in Section

3.6.1, nor shall this Agreement prevent CITY from denying or conditionally approving any Subsequent Development Approval subject to Section 3.6.1.

3.6.3 Intent. CITY acknowledges that OWNER has reasonably entered into this Agreement and intends to proceed with the Project on the assumption that CITY has adequately provided for the public health, safety and welfare through the Land Use Regulations and the Initial Development Approvals. In the event that any future, unforeseen public health or safety emergency arises, CITY agrees that it shall attempt to address such emergency in such a way as not to adversely impact Development of the Property in accordance with the Initial Development Approvals, and if that is not possible, to select that option for addressing the emergency which has the least adverse impact on Development of the Property in accordance with the Initial Development Approvals. CITY specifically also agrees that it will not adopt any development moratorium applicable to the Property or the Project except as a last resort response to such an emergency, and then shall maintain any such moratorium with respect to the

Page 16 of 35 ends

15 12923/0008/2689735-2
Property and the Project only for so long as required for CITY to address the emergency in such a way as to permit the Project to be completed according to OWNER's timetable.

3.6.4 Taxes, Assessments and Fees. This Agreement shall not prevent CITY from enacting, levying or imposing any new or increased tax, assessment or Processing Fees that are levied or imposed on a CITY-wide basis and adopted in accordance with applicable laws and regulations; provided, however, that CITY acknowledges and agrees that it shall not impose any new or increased Development Impact Fees the Development of the Project that are adopted by CITY after the Effective Date. The parties further anticipate that CITY will impose a condition on the Project relating to its annexation into CITY’s existing Landscape and Lighting District. If and to the extent this condition is so imposed, the parties shall work diligently and in good faith to promptly process and bring to the City Council for consideration said annexation request upon OWNER’s application for same, such that said annexation is complete prior to issuance of Certificate of Occupancy for the production of units for the Project.

3.7 Regulation by Other Public Agencies. It is acknowledged by the parties that other public agencies not subject to control by CITY may possess authority to regulate aspects of the Development of the Property, and this Agreement does not limit the authority of such other public agencies. At such time as OWNER seeks such Subsequent Development Approvals from nonCITY agencies, CITY agrees to reasonably cooperate and coordinate with OWNER in such efforts for the purpose of implementing the Project, upon OWNER’s request and subject to OWNER paying any and all costs incurred by CITY in connection therewith.

3.8 Reserved.

3.9 OWNER's Right to Construct Facilities. It is understood and agreed that, subject to CITY review and approval of plans and specifications, OWNER may elect, and reserves the right, to construct, or cause the construction of, any public or quasi-public facility for which CITY intends to collect a fee, and to dedicate the completed facility to CITY, in lieu of payment of the fee (as well as reimbursement from fees paid to CITY by other benefitted third party property owners (if any), if said fee credit would not be sufficient to reimburse OWNER for costs beyond its proportionate fair share of said facility); provided, however, that any such reimbursement would only come from Development Impact Fees received by CITY from other third party property owners benefitted by OWNER’s construction of said facilities in connection with other development projects and CITY shall have no obligation to directly reimburse OWNER for construction of public facilities from CITY’s general funds.

3.10 Provision of Real Property Interests by CITY. In any instance where OWNER is required to construct any public improvement on land not owned by OWNER, CITY shall first have acquired the necessary real property interests to allow OWNER to construct such public improvements; otherwise, OWNER shall have no obligation to so construct pursuant to Government Code Section 66462.5. Costs associated with such acquisition or condemnation proceedings, if any, shall be OWNER's responsibility, and may be included in an assessment district (if any) on a fair share basis.

Page 17 of 35 ends

16 12923/0008/2689735-2

3.11 Issuance of Ministerial Permits. Upon written request of OWNER, CITY shall endeavor to expedite the processing of all applications for Ministerial Permits, including but not limited to building, grading, and other permits necessary to complete construction and occupancy of horizontal and/or vertical improvements on the Property, as set forth in the Initial Development Approvals (including, without limitation, the Development Plan), provided OWNER’s applications for such permits comply with all Land Use Regulations applying to the subject matter of the applicable permit and with the other Initial Development Approvals (including any and all Conditions of Approval attached thereto) or any Subsequent Development Approval(s) if and to the extent approved by CITY.

4. PERIODIC REVIEW.

CITY shall review OWNER’s performance every twelve (12) months at the anniversary of the adoption of the Agreement, and this periodic review shall be conducted in accordance with the Development Agreement Law (“Periodic Review”). In connection with this Periodic Review, OWNER shall demonstrate good faith compliance with the terms of this Agreement. If, as a result of the review, CITY finds and determines, based upon substantial evidence, that OWNER has not complied in good faith with the terms and conditions of this Agreement, CITY may serve on OWNER a notice to cure setting forth in detail the nature of OWNER’s non-compliance with this Agreement. If OWNER fails to cure the non-compliance within sixty (60) days of the date of the notice or, if such cure cannot be effected within such sixty (60) day period and OWNER fails to commence and proceed in good faith in an effort to cure such non-compliance within such sixty (60) day period, CITY may, by written notice to OWNER, terminate this Agreement. The review shall be conducted by the Director of Community Development. Upon completion of a Periodic Review and a finding of OWNER’s good faith compliance and further upon OWNER’s request, City shall provide an Estoppel Certificate stating: (a) this Agreement is in full force and effect and constitutes a binding obligation of the parties; (b) this Agreement has not been amended either orally or in writing, or if it has been amended, specifying the document number of any recorded amendments; and (c) there are no existing Defaults in the performance of OWNER’s obligations under this Agreement to the actual knowledge of the party signing the Estoppel Certificate.

5. PUBLIC BENEFIT.

In consideration for the rights and benefits to OWNER under this Agreement, OWNER, through its compliance with this Agreement and otherwise through implementation of the Project, provides to CITY the following public benefits:
(a) Payment of Infrastructure Funds to City: OWNER shall pay and remit to the City of Covina, prior to issuance of building permits for the Project, but not as a condition to the issuance of other permits or approvals, the sum of $315,000.00 for the purposes of use by the City for the design and/or construction of City infrastructure within the municipal boundaries of the City of Covina. For the purposes of this Agreement, “City infrastructure” shall mean any City-owned public facility such as streets, landscaping, parking lots, utilities, parks, City-owned

Page 18 of 35 ends

17 12923/0008/2689735-2
buildings or facilities, or the acquisition of future City-owned and maintained facility.
(b) Demolition of aging and obsolete light industrial uses in connection with Development of the Project.
(c) Elimination of blight and increased property tax revenue as a result of the implementation of the Project.
(d) Increased economic activity throughout the CITY as a result of the implementation of the Project.

6. DEFAULT, REMEDIES AND TERMINATION.

6.1 Rights of CITY after Default; No Monetary Damages Remedy Against OWNER.

In the event of a Default by OWNER, CITY may terminate this Agreement and shall otherwise have hereunder all legal and equitable remedies as provided by law, except for the recovery of monetary damages which shall not be permitted. Before CITY may terminate this Agreement or take action to obtain judicial relief, CITY shall comply with the notice and cure provisions of Section 6.3.

6.2 OWNER Remedy Limited to Specific Performance; No Monetary Damages Remedy Against CITY. The nature of a development agreement under the Development Agreement Law is a very unusual contract involving promoting a very large development project facing many complex issues including geologic, environmental, financial, market, regulatory and other constantly evolving factors over an extremely long-time frame. The high level of uncertainty and risk involved justify the extraordinary commitments made to OWNER by CITY. The parties acknowledge that CITY would not have entered into this Agreement had it been exposed to monetary damages claims from OWNER for any termination, or Default hereunder. As such, the parties agree that in no event shall OWNER be entitled to recover monetary damages of any amount or of any kind against CITY for CITY’s termination or Default under this Agreement. For purposes of enforcement, therefore, OWNER’s sole remedy for any Default of this Agreement shall be the remedy of specific performance. Before OWNER takes action to obtain a judicial order for specific performance against CITY, OWNER shall comply with the notice and cure provisions of Section 6.3.

6.3 Notice and Opportunity to Cure. A non-Defaulting Party in its discretion may elect to declare a Default under this Agreement in accordance with the procedures hereinafter set forth for any alleged Default of the other party (“Defaulting Party”). However, the non-Defaulting Party must provide written notice to the Defaulting Party setting forth the nature of the breach or failure and the actions, if any, required by the Defaulting Party to cure such breach or failure. The Defaulting Party shall be deemed in Default under this Agreement, if the breach or failure can be cured, but the Defaulting Party has failed to take such actions and cure such Default within sixty (60) days after the date of such notice. However, if such Default cannot be cured within such sixty (60) day period, and if the Defaulting Party does each of the following:

Page 19 of 35 ends

18 12923/0008/2689735-2

1. Notifies the non-Defaulting Party in writing with a reasonable explanation as to the reasons the asserted Default is not curable within the sixty (60) day period;

2. Notifies the non-Defaulting Party of the Defaulting Party’s proposed cause of action to cure the Default;

3. Promptly commences to cure the Default within the sixty (60) day period;

4. Makes periodic reports to the non-Defaulting Party as to the progress of the program of cure; and

5. Diligently prosecutes such cure to timely completion, then:

The Defaulting Party shall not be deemed in Default of this Agreement once the Default has been timely cured.

6.4 Termination Notice. Upon receiving a Default Notice, should the Defaulting Party fail to timely cure any Default, or fail to diligently pursue such cure as prescribed above, the nonDefaulting Party may, in its discretion, provide the Defaulting Party with a written notice of intent to terminate this Agreement (“Termination Notice”). The Termination Notice shall state that the non-Defaulting Party will elect to terminate the Agreement within sixty (60) days and state the reasons therefor (including a copy of any specific charges of Default) and a description of the evidence upon which the decision to terminate is based. Once the Termination Notice has been issued, the non-Defaulting Party’s election to terminate this Agreement shall only be rescinded (i) if the Defaulting Party fully and completely cures all Defaults prior to the date of termination, or (ii) if the non-Defaulting Party elects to revoke the Termination Notice.

6.5 Waiver of Breach. By not filing a legal challenge to CITY’S action to approve or issue any Development Approval within the period established by applicable law, OWNER shall be deemed to have waived any claim that any condition of approval attached to said Development Approval is improper or that the action, as approved, constitutes a breach of the provisions of this Agreement. By recordation of a final subdivision map on any portion of the Property, OWNER shall be deemed to have waived any claim that any Condition of Approval of such final subdivision map is improper or that the Condition of Approval constitutes a breach of the provisions of this Agreement.

6.6 Attorneys Fees. In the event either party to this Agreement is forced to bring legal action to enforce its rights under this Agreement, and notwithstanding the limitation of the parties’ remedies under Section 6.2, the prevailing party in any such action shall be entitled to recover its reasonable attorney’s fees and costs of suit.

7. RELEASES AND INDEMNITIES.

7.1 Third-Party Litigation.

7.1.1 Non-liability of Parties. As set forth above, CITY has determined that this Agreement is consistent with the General Plan and meets all of the legal

Page 20 of 35 ends

19 12923/0008/2689735-2
requirements of State law. The parties acknowledge that:

A. In the future there may be challenges to the legality, validity and adequacy of the Initial Development Approvals, the Mitigated Negative Declaration, and/or this Agreement; and
B. If successful, such challenges could delay or prevent the performance of this Agreement and the Development of the Property.

C. In addition to the other provisions of this Agreement, including, without limitation, the provisions of this Section 7, neither party shall have liability under this Agreement for any failure of either party to perform its respective obligations under this Agreement under this Agreement as the direct result of a judicial determination resulting from any claim or litigation that on the Effective Date, or at any time thereafter, the Land Use Regulations, the Development Approvals, the Mitigated Negative Declaration or any related CEQA determination for the Project (“CEQA Determination”), this Agreement, or portions thereof, are invalid or inadequate or not in compliance with law.

7.1.2 Revision of Land Use Regulations. If, for any reason, the Land Use Regulations, the Initial Development Approvals (including, without limitation, this Agreement), the Mitigated Negative Declaration, or the CEQA Determination or any part thereof is hereafter judicially determined, as provided above, to not be in compliance with applicable laws or regulations and, if such noncompliance can be cured by an appropriate action otherwise conforming to the provisions of this Agreement, then this Agreement shall remain in full force and effect to the extent permitted by law. If required by a judicial decision, CITY shall process any of OWNER’s applications for amendments to any of the Initial Development Approvals, the Mitigated Negative Declaration, the CEQA Determination, and this Agreement, as necessary in response to such judicial decision. The Parties understand and agree that no promise can be made as to any future approval, however, because land use regulations involve the exercise of CITY’S police power and it is settled California law that government may not contract away its right to exercise its police power in the future. Avco Community Developers Inc. v. South Coast Regional Com., 17 Cal.3d 785, 800 (1976); City of Glendale v. Superior Court, 18 Cal.App.4th 1768 (1993).

7.1.3 Participation in Litigation: Indemnity. To the full extent permitted by law, OWNER agrees to and shall fully indemnify, hold harmless, and defend, CITY and its respective elected and appointed officials, officers, members, agents, employees, and representatives (each an “Agent” and collectively “Agents”) from any and all claims, suits, causes of action, fines, penalties, proceedings, damages, injuries or losses of any name, kind or description, specifically including attorneys’ fees (collectively, “Claim(s)”), arising in any way out of or challenging the validity of this Agreement, any of the other Development Approvals, the Mitigated Negative Declaration or the CEQA Determination. OWNER’s indemnification obligation shall include, but not be limited to, actions to attack, set aside, void, or annul any approval, should it occur, related to this Agreement, any of the other Initial Development Approvals, the

Page 21 of 35 ends

20 12923/0008/2689735-2
Mitigated Negative Declaration or the CEQA Determination, including actions invoking Planning and Zoning Law or CEQA. OWNER shall reimburse CITY for any court costs and attorneys’ fees that CITY may be required by a court to pay as a result of such Claim(s). CITY may, at its sole and absolute discretion, participate in the defense of any such Claim(s) undertaken by OWNER, or (b) retain separate counsel whose attorneys’ fees and costs shall be paid by OWNER. Such participation in the defense of such Claim(s) or the retention of separate counsel by CITY shall not relieve OWNER of its obligations under this Agreement.

7.1.4 CITY shall promptly provide written notice to OWNER of any Claim(s).

CITY shall take all necessary and reasonable steps to provide such notice to OWNER in a timely fashion and in a manner that will not result in any substantial prejudice to OWNER’s ability to defend the relevant Claim(s). Such notice shall contain a copy of any relevant pleadings filed in connection with the relevant Claim(s). CITY acknowledges that OWNER desires to provide the defense of any Claim(s) in a cost efficient manner. CITY and OWNER shall coordinate and cooperate in their defense activities, whether CITY is participating in defense undertaken by OWNER or is retaining separate counsel. As used in this Agreement, cooperation does not include CITY having to take any action or make any decision that CITY does not believe, in the exercise of its good faith judgment, is in its own best interest. Unless expressly provided to the contrary, nothing in this Agreement shall be construed in a manner that requires CITY to exercise its discretion in a particular manner.

7.1.5 OWNER may not resolve such Claim(s) without CITY’s prior written consent. In all events, CITY shall have the right to resolve any such Claim(s) in any manner, in its discretion, provided, however, OWNER’s consent shall be required (and may be granted or withheld in OWNER’s discretion) if the resolution of the Claim(s) shall require a payment by OWNER or limit OWNER’s rights under the Development Approvals, including, without limitation, this Agreement. OWNER’S obligation to pay the cost of any such Claim(s), including judgment, post-judgment motions, and any and all appeals, shall extend until any Claim is completely concluded, judgment is entered and completely satisfied.

7.1.6 In the event OWNER fails or refuses to reimburse CITY for its cost to defend any Claim(s), CITY shall have the right to terminate this Agreement, subject to the notice and cure requirements of Section 6.3 above. Additionally, in the event of any such Claim(s), the Term of this Agreement shall be tolled for the period during which such Claim(s) are proceeding until fully and finally resolved.

7.1.7 In order to ensure compliance with this Section 7, within twenty (20) days after notification by CITY of the receipt of any Claim(s), OWNER shall deposit with CITY cash or other security in the amount of one hundred thousand dollars ($100,000), satisfactory in form to the City Attorney, guaranteeing indemnification or reimbursement to CITY of all costs and fees related to any action triggering the obligations of this Section 7. If CITY is required to draw on that cash or security to indemnify or reimburse itself for such costs or fees, OWNER shall restore the deposit

Page 22 of 35 ends

21 12923/0008/2689735-2
to its original amount within fifteen (15) days after notice from CITY that replenishment is required. Additionally, if at any time the City Attorney determines that an additional deposit or additional security in an amount not to exceed an additional fifty thousand dollars ($50,000) is necessary to secure the obligations of this Section 7, OWNER shall provide such additional payment or security within fifteen (15) days of notice from the City Attorney.

7.2 Hold Harmless: OWNER’s Construction and Other Activities. OWNER shall indemnify, defend, save and hold CITY and its Agents, as defined in this Section 7 above, and shall hold and save them and each of them harmless from any and all claims, damages of any kind and litigation which may arise from OWNER’s or OWNER’s agents, contractors, subcontractors, agents, or employees’ operations under this Agreement, whether such operations be by OWNER or by any of OWNER’s agents, contractors or subcontractors or by any one or more persons directly or indirectly employed by or acting as agent for OWNER or any of OWNER’s agents, contractors or subcontractors. Notwithstanding anything to the contrary in this Section 7.2, nothing herein shall make OWNER liable for the negligence or willful misconduct of CITY’s Agent(s).

7.3 Survival of Indemnity Obligations. All indemnity provisions set forth in this Agreement shall survive termination of this Agreement for any reason other than CITY’s Default as provided herein and shall continue to be the liability and obligation of OWNER, binding upon OWNER, until the final resolution of all Claims, and shall survive the completion, partial completion, or abandonment of the Project.

8. MISCELLANEOUS PROVISIONS.

8.1 Term of Agreement. Unless earlier terminated as provided in Section 4 or Section 6 hereof, this Agreement shall continue in full force and effect for a period of ten (10) calendar years from the Effective Date.

8.2 Recordation of Agreement. This Agreement shall be recorded with the County Recorder by the City Clerk within the period required by Section 65868.5 of the Government Code.

Amendments of this Agreement approved by the parties, and any termination of this Agreement, shall be similarly recorded.

8.3 Entire Agreement. This Agreement sets forth and contains the entire understanding and agreement of the parties, and there are no oral or written representations, understandings or ancillary covenants, undertakings or agreements which are not contained or expressly referred to herein. No testimony or evidence of any such representations, understandings or covenants shall be admissible in any proceeding of any kind or nature to interpret or determine the terms or conditions of this Agreement.

8.4 Interpretation and Governing Law. This Agreement and any dispute arising hereunder shall be governed and interpreted in accordance with the laws of the State of California.

This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the parties hereto, and the rule of construction to the

Page 23 of 35 ends

22 12923/0008/2689735-2
effect that ambiguities are to be resolved against the drafting party or in favor of CITY shall not be employed in interpreting this Agreement, both parties having been represented by counsel in the negotiation and preparation hereof.

8.5 Section Headings. All section headings and subheadings are inserted for convenience only and shall not affect any construction or interpretation of this Agreement.

8.6 Singular and Plural. As used herein, the singular of any word includes the plural.

8.7 Time of Essence. Time is of the essence in the performance of the provisions of this Agreement as to which time is an element.

8.8 Waiver. Failure of a party to insist upon the strict performance of any of the provision(s) of this Agreement by the other party, or the failure by a party to exercise its rights upon the Default of the other party, shall not constitute a waiver of such party’s right to insist and demand strict compliance by the other party with the terms of this Agreement thereafter.

8.9 No Third Party Beneficiaries. This Agreement is made and entered into for the sole protection and benefit for the parties and their successors and assigns. No other person shall have any right of action based upon any provision of this Agreement.

8.10 Force Majeure. Neither party shall be deemed to be in Default where failure or delay in performance of any of its obligations under this Agreement is caused by earthquakes, other Acts of God, fires, wars, riots or similar hostilities, strikes and other labor difficulties beyond the party's control (including the party's employment force), government regulations, court actions (such as restraining orders or injunctions), or other causes beyond the party's control. If any such events shall occur, the term of this Agreement and the time for performance shall be extended for the duration of each such event, provided that the term of this Agreement shall not be extended under any circumstances for more than five (5) years.

8.11 Notices. Any notice required under this Agreement shall be in writing and personally delivered, or sent by certified mail (return receipt requested and postage prepaid), overnight delivery, with a courtesy copy by email to the following:

CITY: Covina Community Development Department
ATTN: Community Development Director
125 E College St, Covina, CA 91723
Email: [email protected]
With a courtesy copy to:

City Attorney’s Office
125 E College St, Covina, CA 91723

Page 24 of 35 ends

23 12923/0008/2689735-2
(email) [email protected]
OWNER: PS Southern California One, Inc.
701 Western Avenue
Glendale, CA 91201
Attention: Development
[email protected]
[email protected]
701 Western Avenue
Glendale, CA 91201
Attention: Real Estate Legal Dept.
[email protected]
[email protected]

8.12 Mutual Covenants. The covenants contained herein are mutual covenants and also constitute conditions to the concurrent or subsequent performance by the party benefited thereby of the covenants to be performed hereunder by such benefited party.

8.13 Successors in Interest. As provided in Section 65868.5 of the Government Code, and except as otherwise provided in this Agreement, all of the terms, provisions, covenants and obligations contained in this Agreement shall be binding upon, and inure to the benefit of, CITY and OWNER, and their respective successors and assigns.

8.14 Counterparts. This Agreement may be executed by the parties in counterparts, which counterparts shall be construed together and have the same effect as if both of the parties had executed the same instrument.

8.15 Jurisdiction and Venue. Any action at law or in equity arising under this Agreement or brought by any party hereto for the purpose of enforcing, construing or determining the validity of any provision of this Agreement shall be filed and tried in the Superior Court of the County of Los Angeles, State of California, and the parties hereto waive all provisions of law providing for the filing, removal or change of venue to any other court.

Page 25 of 35 ends

24 12923/0008/2689735-2

8.16 Project as a Private Undertaking. It is specifically understood and agreed by and between the parties hereto that the Development of the Project is a private development, that neither party is acting as the agent of the other in any respect hereunder, and that each party is an independent contracting entity with respect to the terms, covenants and conditions contained in this Agreement. No partnership, joint venture or other association of any kind is formed by this Agreement. The only relationship between CITY and OWNER is that of a government entity regulating the development of private property and the owner of such property.

8.17 Further Actions and Instruments. Each of the parties shall cooperate with and provide reasonable assistance to the other to the extent contemplated hereunder in the performance of all obligations under this Agreement and the satisfaction of the conditions of this Agreement.

Upon the request of either party at any time, the other party shall promptly execute, with acknowledgment or affidavit if reasonably required, and file or record such required instruments and writings and take any actions as may be reasonably necessary under the terms of this Agreement to carry out the intent and to fulfill the provisions of this Agreement or to evidence or consummate the transactions contemplated by this Agreement.

8.18 Eminent Domain. No provision of this Agreement shall be construed to limit or restrict the exercise by CITY of its power of eminent domain.

8.19 Amendments in Writing/Cooperation. This Agreement may be amended only by the written consent of both parties specifically approving the amendment and in accordance with the Development Agreement Law. The parties shall cooperate in good faith with respect to any amendment proposed in order to clarify the intent and application of this Agreement, and shall treat any such proposal on its own merits, and not as a basis for the introduction of unrelated matters.

8.20 Authority to Execute. The person or persons executing this Agreement on behalf of OWNER warrants and represents that he/they have the authority to execute this Agreement on behalf of his/their corporation, partnership or business entity and warrants and represents that he/they has/have the authority to bind OWNER to the performance of its obligations hereunder. [Signature Pages Follow.]

Page 26 of 35 ends

S-1
[Signature Page to Development Agreement]
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first set forth above.

CITY: CITY OF COVINA
By
Mayor
ATTEST:

By
City Clerk
APPROVED AS TO FORM:

By
City Attorney
(SEAL)
OWNER: PS Southern California One, Inc.

By
Name Nathaniel A. Vitan
Title Senior Vice President, Chief Legal
Officer and Corporate Secretary
By
Name Andres Friedman
Title Senior Vice President of
Development

Page 27 of 35 ends

S-2
12923/0008/2689735-2
State of California )
County of Los Angeles )
On ___________________, 202__, before me, ,
(insert name and title of the officer)
Notary Public, personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature (Seal)
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

Page 28 of 35 ends

S-3
12923/0008/2689735-2
State of California )
County of Los Angeles )
On ___________________, 202__, before me, ,
(insert name and title of the officer)
Notary Public, personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Page 29 of 35 ends

Page 30 of 35 ends

A-1
Exhibit “A”
Legal Description of the Property

THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF COVINA,

IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:

PARCEL 1:

LOT 1 OF C. J. HEYLER TRACT, IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 13, PAGE 42 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

EXCEPT THE EASTERLY 135 FEET, MEASURED AT RIGHT ANGLES TO THE EASTERLY LINE OF SAID LOT.

ALSO EXCEPT THE WESTERLY 140 FEET, MEASURED ALONG THE NORTHERLY LINE OF SAID LOT.

ALSO EXCEPTING FROM THE REMAINDER OF SAID LAND, THAT PORTION DESCRIBED AS FOLLOWS:

BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 1; THENCE SOUTHERLY ALONG THE WESTERLY LINE OF SAID LOT 1 TO THE NORTHERLY LINE OF THE SOUTHERLY 169 FEET MEASURED ALONG THE WESTERLY LINE OF SAID LOT;

THENCE EASTERLY ALONG SAID NORTHERLY LINE TO THE EASTERLY LINE OF THE WESTERLY 150 FEET OF SAID L OT; THENCE NORTHERLY ALONG SAID EASTERLY LINE TO A POINT IN THE NORTHERLY LINE OF SAID LOT; THENCE

WESTERLY ALONG SAID NORTHERLY LINE TO THE NORTHWEST CORNER OF SAID LOT 1.

PARCEL 2:

AN EASEMENT FOR PUBLIC UTILITY PURPOSES OVER THE SOUTHERLY 150 FEET OF THE NORTHERLY 150 FEET OF THE WESTERLY 150 FEET OF LOT 1.

APN(s): 8427-001-006

Page 31 of 35 ends

Page 32 of 35 ends

B-1
Exhibit “B”
Map showing Property and its location

Page 33 of 35 ends

Page 34 of 35 ends

1 Exhibit “C”
Development Plan for the Development of the Property

Page 35 of 35 ends

CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. CC 11
Meeting: CC Regular Meeting - Dec 20 2022
Title: Approval of Engineering and Traffic Survey, February 2022, for the City of Covina and Introduction of Ordinance 22-21 Amending Chapter 10.68 to Title 10 (Vehicles and Traffic) of the Covina Municipal Code Relating to Speed Limits Presented By: Andy Bullington, Director of Public Works Rafael Fajardo, City Engineer
Recommendation: Adopt on second reading Ordinance 22-21 amending Chapter 10.68 to Title 10 (Vehicles and Traffic) of the Covina Municipal Code relating to speed limits.

DISCUSSION:

It is recommended that City Council adopt on second reading Ordinance 22-21 entitled, “amending Section

10.68.010 (speed limits) of Chapter 10.68 (speed limits) of Title 10 (vehicles and traffic) of the Covina Municipal Code relating to speed limits".

FISCAL IMPACT:

There is no fiscal impact for a second reading and adoption of an ordinance.

CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):

Not applicable.

ATTACHMENTS:

Attachment A - Ordinance 22-21
Respectfully submitted,
ORDINANCE 22-21

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COVINA, CALIFORNIA AMENDING SECTION 10.68.010 (SPEED LIMITS) OF CHAPTER 10.68 (SPEED LIMITS) OF TITLE 10 (VEHICLES AND

TRAFFIC) OF THE COVINA MUNICIPAL CODE RELATING TO SPEED LIMITS

THE CITY COUNCIL OF THE CITY OF COVINA DOES HEREBY ORDAIN AS FOLLOWS:

WHEREAS, Section 40802 (a)(2) of the California Vehicle Code states that speed limits for streets, other than a local street, must be justified by an Engineering and Traffic Survey conducted less than five, seven, or ten years with conditions, prior to enforcement of that speed limit, if it is to be enforced by the use of radar; and
WHEREAS, the most recent Engineering and Traffic Survey for certain street segments was last completed in 2016; and
WHEREAS, the City Council wishes to ensure that traffic speeds throughout the community are kept at a safe level given the conditions that exist on certain streets; and WHEREAS, the City Council wishes to use electronic speed measurement equipment for speed enforcement on these certain streets; and
WHEREAS, the Ordinance establishing speed limits must be adopted to reflect speed limits that are to be established following the completion of the Engineering and Traffic Survey; and WHEREAS, the California Manual of Traffic Control Devices describes the policy to be used in the State of California for setting speed limits, which requires that the posted speed be established at the nearest 5 mph increment of the 85th-percentile speed of free-flowing traffic; and WHEREAS, the City Council recognizes that the California Manual of Traffic Control Devices also allows the posted speed limit to be reduced by 5 mph from the nearest 5 mph increment of the 85th-percentile speed, in compliance with California Vehicle Code Sections 627, 22358.5 and 22358.8, if the Engineering and Traffic Survey documents the special conditions and justification for the lower speed limit and is approved by a registered Civil or Traffic Engineer; and WHEREAS, the enforcement of speed limits by the use of radar is necessary in order to protect the safety of the residents of the City of Covina.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COVINA,

CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

SECTION 1. CEQA Finding. The City Council finds that it can be seen with certainty that there is no possibility that the adoption of this Ordinance and the establishment of the regulations hereby will have a significant effect on the environment. The Ordinance is therefore

Page 2 of 6 ends

Ordinance 22-21 Page 2 of 5
exempt from review under the California Environmental Quality Act, pursuant to Title 14, Section 15061(b)(3) of the California Code of Regulations.

SECTION 2. The City Council hereby amends in its entirety Section 10.68.010 (Speed Limits) of Chapter 10.68 (Speed Limits) of Title 10 (Vehicles and Traffic) of the Covina Municipal Code to read as follows:
“The California Vehicle Code provides that cities may by ordinance establish prima facie speed limits. It is determined, upon the basis of an engineering and traffic survey, that the following prima facie speed limits would facilitate the orderly movement of traffic and would be reasonable and safe. It is declared, that signs be erected, as appropriate, to provide notice of the following prima facie speed limits:

Name of Street From To
Prima Facie
Speed Limit
(MPH)
1 Arrow Highway Arrow Grand Circle Grand Avenue 45
2 Arrow Highway Grand Avenue 1000' Easterly 45
3 Azusa Avenue South City Limits San Bernardino Road 40 4 Azusa Avenue San Bernardino Road Cypress Street 40 ** 5 Azusa Avenue Cypress Street Arrow Highway 40
6 Badillo Street Lark Ellen Avenue Hollenbeck Avenue 40 7 Badillo Street Hollenbeck Avenue Fourth Avenue 40
8 Badillo Street Fourth Avenue Second Avenue 30
9 Badillo Street Second Avenue Barranca Avenue 40
10 Badillo Street Barranca Avenue Grand Avenue 40
11 Badillo Street Grand Avenue Glendora Avenue 40 **
12 Badillo Street Glendora Avenue Reeder Avenue 45
13 Badillo Street Reeder Avenue East City Limits 45
14 Barranca Avenue South City Limits Puente Street 40 ** 15 Barranca Avenue Puente Street San Bernardino Road 40 ** 16 Barranca Avenue San Bernardino Road Covina Boulevard 40 ** 17 Barranca Avenue Covina Boulevard North City Limits 40 18 Cienega Avenue Barranca Avenue Grand Avenue 40
19 Cienega Avenue Arroway Avenue Ivescrest Avenue 40 ** 20 Citrus Avenue Workman Avenue Rowland Avenue 35
21 Citrus Avenue Rowland Avenue Puente Street 35
22 Citrus Avenue Puente Street Badillo Street 35
23 Citrus Avenue Badillo Street San Bernardino Road 25
24 Citrus Avenue San Bernardino Road Covina Boulevard 35 25 Citrus Avenue Covina Boulevard Arrow Highway 40
26 Covina Boulevard Fircroft Avenue Citrus Avenue 40
27 Covina Boulevard Citrus Avenue Grand Avenue 40 **
28 Covina Boulevard Grand Avenue Rimhurst Avenue 40 **
29 Covina Boulevard Bonnie Cove Avenue Sunflower Avenue 40 ** 30 Covina Hills Road Grand Avenue Rancho La Carlota Road 30

Page 3 of 6 ends

Ordinance 22-21 Page 3 of 5
31 Cypress Street Leaf Avenue Hollenbeck Avenue 40 **
32 Cypress Street Hollenbeck Avenue Citrus Avenue 40 ** 33 Cypress Street Citrus Avenue Barranca Avenue 40
34 Cypress Street Barranca Avenue Grand Avenue 40
35 Cypress Street Grand Avenue Glendora Avenue 40
36 Cypress Street Glendora Avenue Bonnie Cove Avenue 40 ** 37 Cypress Street Bonnie Cove Avenue Sunflower Avenue 40 38 Glendora Avenue Puente Street Ruddock Street 35 **
39 Glendora Avenue Ruddock Street Cypress Street 35
40 Glendora Avenue Cypress Street Covina Boulevard 35
41 Glendora Avenue Covina Boulevard Cienega Avenue 35 ** 42 Grand Avenue Walnut Creek Road Puente Street 40
43 Grand Avenue Puente Street San Bernardino Road 40 ** 44 Grand Avenue San Bernardino Road Covina Boulevard 40 45 Grand Avenue Covina Boulevard Arrow Highway 40
46 Hollenbeck Avenue South City Limits Rowland Avenue 35 47 Hollenbeck Avenue Rowland Avenue Badillo Street 35 ** 48 Hollenbeck Avenue Badillo Street Edna Place 35
49 Hollenbeck Avenue Covina Boulevard Arrow Highway 40
50 Holt Avenue I-10 Freeway Via Verde Street 40
51 Lark Ellen Avenue Grovecenter Street Edna Place 40 ** 52 Puente Street Armel Drive Hollenbeck Avenue 35 **
53 Puente Street Hollenbeck Avenue Citrus Avenue 35
54 Puente Street Citrus Avenue Barranca Avenue 30
55 Puente Street Barranca Avenue Grand Avenue 40 **
56 Puente Street Grand Avenue Glendora Avenue 35 **
57 Puente Street Glendora Avenue Shouse Avenue 25
58 Puente Street Reeder Avenue Rancho Corto Drive 45
59 Reeder Avenue Old Badillo Street Puente Street 35
60 Reeder Avenue Old Badillo Street Badillo Street 30 ** 61 Reeder Avenue Badillo Street Cypress Street 35
62 Rowland Avenue Armel Drive Citrus Avenue 40
63 Rowland Avenue Citrus Avenue Barranca Avenue 40
64 Rowland Avenue Barranca Avenue Forestdale Avenue 40
65 San Bernardino Road Vincent Avenue Lark Ellen Avenue 40 66 San Bernardino Road Lark Ellen Avenue Azusa Avenue 35 67 San Bernardino Road Azusa Avenue Hollenbeck Avenue 35 ** 68 San Bernardino Road Hollenbeck Avenue Citrus Avenue 30 69 San Bernardino Road Citrus Avenue Barranca Avenue 35 70 San Bernardino Road Barranca Avenue Grand Avenue 35
71 Second Avenue Rowland Avenue Badillo Street 35
72 Second Avenue Badillo Street Front Street 30
73 Sunflower Avenue Cypress Street Cienega Avenue 35 ** 74 Vincent Avenue Badillo Street Edna Place 35

Page 4 of 6 ends

Ordinance 22-21 Page 4 of 5
75 Workman Avenue West City Limits East City Limit w/o Citrus 35 ** 76 Workman Avenue Citrus Avenue Barranca Avenue 35
77 Workman Avenue Barranca Avenue Easterly End of Road 30 ** 25 mph when children are present
SECTION 3. The “Engineering and Traffic Survey, February 2022, for the City of Covina,” containing the findings and determinations of the Registered Engineer, incorporated herein and on file in the Office of the City Clerk, shall be the official Engineering and Traffic Survey of the City, a certified copy of which shall be disseminated to the County of Los Angeles Municipal and Superior Courts.

SECTION 4. Any provisions of the Covina Municipal Code, or appendices thereto, or any other resolution of the City, to the extent that they are inconsistent with this ordinance, and no further, are hereby repealed.

SECTION 5. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, the remaining portions of this Ordinance shall nonetheless remain in full force and effect. The people of the City of Covina hereby declare that they would have adopted each section, subsection, sentence, clause, phrase, or portion of this Ordinance, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions of this Ordinance be declared invalid or unenforceable.

SECTION 6. The City Clerk shall certify to the passage of this ordinance and shall cause the same to be entered in the book of original ordinances of said City; shall make a minute passage and adoption thereof in the records of the meeting at which time the same is passed and adopted; and shall, within fifteen (15) days after the passage and adoption thereof, cause the same to be published as required by law, in a local weekly newspaper of general circulation and which is hereby designated for that purpose.

PASSED, APPROVED AND ADOPTED this 20th day of December, 2022.

City of Covina, California
BY:

PATRICIA CORTEZ, Mayor
ATTEST:

FABIAN VELEZ, Deputy City Clerk

Page 5 of 6 ends

Ordinance 22-21 Page 5 of 5

CERTIFICATION
I, Fabian Velez, Deputy City Clerk of the City of Covina, do hereby certify that Ordinance 22-21 was introduced for first reading at a regular meeting on the 6 th day of December, 2022. Thereafter,
said Ordinance was duly approved and adopted at a regular meeting of said City Council on the 20th day of December, 2022, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Dated:

FABIAN VELEZ, Deputy City Clerk

Page 6 of 6 ends

CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. CC 12
Meeting: CC Regular Meeting - Dec 20 2022
Title: Request to Amend the City's Classification Plan and Salary Schedules to Establish a Deputy Director of Public Works/City Engineer and Deputy Director of Public Works - Operations and Transportation
Presented By: Suzanne Stone, Human Resources Manager
Andy Bullington, Director of Public Works
Anita Agramonte, Director of Administrative Services
Recommendation: That the City Council adopt Resolution CC 2022-141 to establish and amend the City's Classification plan, and establish job descriptions and salary ranges for Deputy Director of Public Works/City Engineer and Deputy Director of Public Works - Operations and Transportation within the Mid-Management, Supervisory and Professional, and Confidential and Technical Employees (Unaffiliated) Compensation Rules.

EXECUTIVE SUMMARY:

With the recent departure of the Environmental Services and Transportation Manager, there was an opportunity to consolidate and reorganize these duties within the existing organizational staffing structure in the Public Works Department to ensure that the Department is responsive to operational needs and organizational goals. Based on this review, it has been determined that staffing adjustments are needed to better serve the public, maximize the City’s resources and ensure the City remains competitive within the local labor market. The proposed changes will establish a succession planning tool for the Department and recognize the increased workload and level of responsibilities that have been assumed by existing team members in the Department. This will also result in the reduction of a fulltime position since the Department will leave the Environmental Services and Transportation Manager position vacant and unbudgeted.

Funding for the positions will be provided through salary savings as the desire is to reclassify two current employees who are currently performing the functions of the Deputy Director positions. The job specifications and salary schedules are attached with ResolutionCC 2022-141 as Attachment 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 attached Resolution to establish the new Deputy Director of Public Works/City Engineer and Deputy Director of Public Works - Operations and Transportation job classifications and salary ranges will amend Section 3 of the Unaffiliated Compensation Rules to include these two new job classifications.

On September 22, 2022, the position of Environmental Services and Transportation Manager (ESTM) became vacant and since then, the more complex duties assigned to this position are being performed by the City Engineer and Public Works Manager. Over the past few years, the Department has been experiencing a consistent and gradual increase in complex work, in addition to the duties related to this vacancy, which is impacting the duties of the Engineering, Environmental, Traffic, and Operation divisions of the Public Works Department. The Department foresees the complexity and quantity of work will continue to grow as Federal and State regulations and reporting requirements are anticipated to increase, and the demand on the City's responsibility to maintain the infrastructure continues to increase.

The City Engineer position is required by State Law and cannot be eliminated. From 2015 to 2019, this function was performed for the City by a third-party contractor. In 2019, the City established a fulltime position to perform all Civil Engineering responsibilities. The City Engineer also develops the City’s capital improvement plan, prepares contract documents, performs bid analysis, signs mylars, staffs the Transportation Commission, prepares and administers Federal and State grants, supervises the Encroachment Permits, supervises engineering staff, and assists the Director with administrative responsibilities. The responsibilities in both quantity and complexity for this role have also increased to include the Environmental section's workload which has recently been assigned to the City Engineer, thereby making it necessary to expand the role of the City Engineer to perform more indepth administrative and regulatory functions.

In addition, the Public Works Manager position manages the six (6) Operation divisions which include Water, Sewer, Streets, Parks, Building and Fleet Maintenance divisions. This position assists with budget preparation, manages fund balances, and assists the Director with administrative responsibilities. The responsibilities in both quantity and complexity for this role have also increased to include the Transportation section's workload which has been assigned to the Public Works Manager, thereby making it necessary to expand the role to provide more in depth administrative and regulatory functions. The classification of Environmental Services and Transportation Manager will be unbudgeted once the two positions of Deputy Directors of Public Works have been filled.

DISCUSSION:

Human Resources continues to review the operating structure and job classifications in the City’s various departments to ensure competitiveness with the labor market and address changing operational needs. Based on the review of the current staffing needs in the Public Works Department, it was determined that the changes being recommended herein are necessary to support the growing needs of the Department's operations and the public it serves. This will also support succession planning for the City and provide a better career ladder for employees.

Therefore, it is recommended that the City adopt the new classifications and salary ranges for Deputy Director of Public Works/City Engineer and Deputy Director of Public Works - Operations and Transportation.

FISCAL IMPACT:

Funding for the existing classifications of City Engineer and Public Works Manager were included in the City's Public Works Department’s Fiscal Year 2023 budget. Cost savings of $61,583.98 from the vacant Environmental Services and Transportation Manager position will also be used. As proposed, the salary control rate for the classification of Deputy Director of Public Works/City Engineer will be $14,764.59 per month (a $1,674.26 increase from the City Engineer control rate of $13,090.33 per month) and the salary control rate for the classification of Deputy Director of Public Works- Operations and Transportation will be $14,026.37 per month (a $2,893.33 per month increase from the Public Works Manager control rate of $11,133.04).

CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):

Not applicable.

ATTACHMENTS:

Attachment A - Resolution CC 2022-141
Respectfully submitted,

Page 2 of 31 ends

Page 3 of 31 ends

RESOLUTION CC 2022-141

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

CALIFORNIA, AMENDING THE CITY OF COVINA COMPENSATION

RULES FOR THE MID-MANAGEMENT, SUPERVISORY AND

PROFESSIONAL, AND CONFIDENTIAL AND TECHNICAL

EMPLOYEES
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 Public Works and Human Resources Departments desire to amend the City’s Classification Plan to establish the classifications of Deputy Director of Public Works/City Engineer and Deputy Director of Public Works - Operations and Transportation, thereby revising Sections 3.B and 3.C. of the Compensation Rules for the Mid-Management, Supervisory and Professional, and Confidential and Technical Employees and Compensation Rules and Salary Schedule.

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 amendments effective December 20, 2022, as follows:

A. Establish the classifications of Deputy Director of Public Works/City Engineer.

B. The monthly salary range for Deputy Director of Public Works - City Engineer shall be added within the salary schedule for fulltime Mid-Management employees starting at $11,017.57 (Step 1) to $14,764.59 (Step 7).

C. Establish the classification of Deputy Director of Public Works - Operations and Transportation.

D. The monthly salary range for Deputy Director of Public Works - Operations and Transportation shall be added within the salary schedule for fulltime Mid-Management employees starting at $10,466.69 (Step 1) to $14,0236.37(Step 7).

The respective job descriptions and revised salary schedules for Mid-Management, Supervisory and Professional, and Confidential and Technical Employees Compensation Rule, effective December 20, 2022 and July 1, 2023 are attached hereto as Exhibits A and B.

SECTION 2. The Deputy 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 20th day of December, 2022.

City of Covina, California
BY:

PATRICIA CORTEZ, Mayor

Page 4 of 31 ends

Resolution CC 2022-141 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 2022-141 was duly adopted by the City Council of the City of Covina at a regular meeting held on the 20th day of December, 2022, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Dated:

FABIAN VELEZ, Deputy City Clerk

Page 5 of 31 ends

CITY OF COVINA

DEPUTY DIRECTOR OF PUBLIC WORKS/ CITY ENGINEER
DEFINITION:

Under general direction, assists the Public Works Director in the administration and management of four (4) of the department's six (6) operating divisions; manages the Civil Engineering, Environmental, Solid Waste and Water divisions and administrative support personnel; accepts responsibility for the management of the Department budget and all personnel-related issues; and performs related duties as required.

DISTINGUISHING CHARACTERISTICS:

The Deputy Director of Public Works/City Engineer is a management classification, responsible for overall administrative policies and procedures within the Public Works Department. This class serves as acting Department Head in the Director's absence; oversees and supervises the divisions of Civil Engineering, Environmental, Solid Waste and Water divisions and administrative support personnel. This classification is distinguished from the next higher classification of Director of Public Works in that the latter is responsible for the overall management of the Department.

SUPERVISION RECEIVED/EXERCISED:

Receives general direction from the Director of Public Works. Exercises immediate supervision over lower level public works and office support staff.

ESSENTIAL FUNCTIONS:
(include but are not limited to the following)
 Develops policies and procedures; recommends programs, projects, and work assignments to the Director of Public Works; serves as division manager for the Engineering, Environmental, Solid Waste and Water Divisions including supervising staff; monitors work activities to ensure safe work practices, work quality, and accuracy; develops and maintains short and long-range goals and schedules for assigned areas; ensures compliance with applicable rules, policies and procedures.
 Prepares and recommends adoption of revisions to the Solid Waste Management Plan and Capital Improvement Program; develops and prepares Requests for Proposals and evaluates bidders for service contracts; negotiates agreements with vendors and contractors for various programs and contracts. Assists in direction of engineering services, environmental services, solid waste services, water operation services and overseeing assessment districts.  Plans, manages, oversees and performs professional and technical engineering work in the 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.

Page 6 of 31 ends

DEPUTY DIRECTOR OF PUBLIC WORKS/ CITY ENGINEER

Page 2 ends

design, investigation, project management, and construction of civil engineering activities; supervises traffic engineering activities; coordinates water, sewer, storm drain, and street civil engineering construction projects; development review, and/or master plans and assigned activities with other divisions, departments, consultants, contractors, engineers, and outside agencies; advises the Director of Public Works, City Manager, and City Council on technical matters.
 Ensures compliance with applicable rules, engineering codes, policies and procedures; participates in the development of policies and procedures; recommends programs, projects and work assignments to City Administration; acts as technical expert and resource for the Director, City and public committees; monitors work activities to ensure safe work practices, work quality and accuracy.
 Develops and administers operating budgets for storm water pollution prevention, household hazardous waste, used oil recycling, air quality, resource conservation, industrial waste, and waste management programs; participates in the development and administration of the Environmental Services and Transportation Division budgets; forecasts funds needed for staffing, equipment, materials and supplies; monitors and approves expenditures; directs and implements adjustments as necessary.
 Assists in the administration of the Department's budgets; oversees and completes the preparation, submission and implementation of all budgets for the Public Works divisions; prepares and/or reviews contracts, agreements, resolutions, ordinances and bid documents for each division; ensures compliance with federal, state, and local laws, rules and regulations in regards to the procedures and services provided by the department.  Participates in the selection, training, and evaluation of personnel; assumes responsibility for motivating and evaluating assigned personnel; provides necessary training; initiates disciplinary procedures as appropriate; provides guidance and operational assistance to other division heads in the areas of budget, personnel management and administrative policy as needed; administers the Department’s Injury and Illness Prevention Program and Workers’ Compensation program.
 Confers with the Director of Public Works on policies and programs and represents the City in meetings and conferences relating to public works matters and programs; acts as a liaison to various outside agencies and is responsible for the public relations activities of the Department.
 Establishes positive working relationships with representatives of community organizations, state/ local agencies and associations, 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, stooping, and squatting in the performance of daily duties. The position also requires grasping, repetitive hand movement and fine coordination in preparing reports using a computer keyboard. Additionally, the position requires both near and far vision when inspecting work,

Page 7 of 31 ends

DEPUTY DIRECTOR OF PUBLIC WORKS/ CITY ENGINEER

Page 3 ends

reading reports, and operating office equipment. 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 is also required. The ability to drive an automobile 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 generally performed in a standard office setting. Environment is generally indoors and clean, with limited exposure to dust, fumes, odors or noise. While performing the duties of this job, the employee occasionally works in outside weather conditions. Work schedule may include evenings and weekends.

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 provided the knowledge, skills and abilities necessary for a Deputy Director of Public Works/City Engineer. A typical way of obtaining the required qualifications is to possess the equivalent of graduation from an accredited college or university with a bachelor's degree in public administration or related field. A master's degree is highly desirable. Five (5) years of progressively responsible experience in public administration and at least two (2) years of supervisory experience in municipal public works.

License/Certificate:
 Possess and maintain a valid Class C California driver’s license and proof of insurance.  Possess and maintain a valid certificate of registration as a Civil Engineer issued by the California State Board of Registration for Civil and Professional Engineers.

KNOWLEDGE/ABILITIES/SKILLS:
(The following are a representative sample of the KAS’s necessary to perform essential duties of the position.)
Knowledge of:

The fundamental and accepted practices in public works administration, management, and financing; municipal budgeting; legal requirements for public works contracting; rules and laws governing municipal labor relations and personnel issues; modern principles, practices and methods of administrative and organizational management; organizational development and public administration policies and procedures; research

Page 8 of 31 ends

DEPUTY DIRECTOR OF PUBLIC WORKS/ CITY ENGINEER

Page 4 ends

and reporting methods, techniques and procedures; city government and intergovernmental relationships; basic mathematics and analysis; structure and organization of public sector agencies; principles and practices of public sector personnel administration and supervisory techniques, budget development and implementation; public relations and customer service practices; applicable federal, state and local laws, codes and regulations; standard office procedures, practices and equipment; modern office practices, methods and equipment, including a computer and applicable software; methods and techniques for record keeping and report preparation and writing; proper English, spelling and grammar; occupational hazards and standard safety practices.

Ability to:

Supervise and evaluate subordinates; analyze public works programs and suggest opportunities for improvement; analyze financial, budgetary, administrative, operational and organizational problems; provide sound policy and procedural recommendations; oversee and/or manage specialty projects and programs; work effectively with management, staff, and the public; supervise and/or lead teams; develop, coordinate and administer assigned work programs and grants; identify private, state and federal funding sources; serve as a liaison between various public agencies; develop and administer a budget; prepare clear and concise administrative documents and reports; work effectively with people of varying backgrounds, educational levels, races and cultures; analyze, interpret, summarize and present a variety of fiscal and administrative reports in an effective manner; perform mathematical calculations quickly and accurately; interpret, explain and apply applicable laws, codes and regulations; 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 and work in a safe manner; communicate clearly and concisely, both orally and in writing.

Skill to:

Operate an office computer and a variety of word processing, spreadsheet and other software applications.

Note:

The above job description is intended to represent only the key areas of responsibilities; specific position assignments will vary depending on the business needs of the department.

Provisions of the California Government Code and Emergency Services Act declare all public employees to be disaster service workers. As disaster service workers, all public employees (except legally employed aliens), are subject to such disaster service activities as may be assigned to them by their superiors or by law.

REPRESENTATION: UNAFFILIATED
CLASSIFICATION: MANAGEMENT
Created: 12/20/2022

Page 9 of 31 ends

CITY OF COVINA

DEPUTY DIRECTOR OF PUBLIC WORKS
(OPERATIONS AND TRANSPORTATION)
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.

DEFINITION:

Under general direction, assists the Public Works Director in administration and management of the Department's transportation and transit services and field operations; develops and administers contracts with regional and intergovernmental agencies and/or private entities; plans, supervises, monitors and reviews the activities of the assigned divisions; supervises administrative support personnel; accepts responsibility for the management of the Department budget and all personnel related issues; and performs related duties as required.

DISTINGUISHING CHARACTERISTICS:

The Deputy Director of Public Works- Operations and Transportation is a management classification responsible for managing and overseeing division services and transportation programs for the City within the Public Works Department. This class serves as the division manager, exercising responsibility for planning and organizing a variety of assigned services performed by the operations sections and transportation projects, managing the City’s transportation funds and ensuring compliance with applicable funding requirements; and directing the work of assigned professional and support staff. This class exercises considerable judgment in designing and managing activities to maintain the City of Covina’s compliance with local, state and federal ordinances, codes, regulations, and laws regarding water, wastewater resources and management of transportation contracts, funds and programs. This classification is distinguished from the next higher classification of Director of Public Works in that the latter is responsible for the overall management of the Department.

SUPERVISION RECEIVED/EXERCISED:

Receives general direction from higher-level management staff. Exercises technical and functional supervision over lower level public works and office support staff.

ESSENTIAL FUNCTIONS:
(include but are not limited to the following)

• Develops policies and procedures; recommends programs, projects, and work assignments to the Director of Public Works; monitors work activities of the Department’s field operations and transportation divisions to ensure safe work practices, work quality, and accuracy; develops and maintains short and long-range goals and schedules for assigned areas; ensures compliance with applicable rules, policies and procedures.

• Manages the City’s Proposition A, Proposition C, Measure R, State Gas Tax and other externally funded transportation programs; assesses, monitors, and reports on compliance with funding requirements, including Proposition A, Proposition C, and Measure R Guidelines.

Page 10 of 31 ends

DEPUTY DIRECTOR OF PUBLIC WORKS- OPERATIONS AND TRANSPORTATION

Page 2 ends

• Manages and plans the City’s Dial-A-Ride program; participates in planning, directing, and coordinating transit services and in developing comprehensive plans to satisfy future needs. • Prepares and monitors the National Transit Database (NTD) monthly and annual reporting; coordinates efforts associated with and prepares documents for NTD and Local Return audit, including coordination with the Finance Department, Los Angeles Metropolitan Transportation Authority (Metro) auditors and transit services contractor.
• Prepares or directs the preparation of applications of state and federal funding of transportation related projects; provides staff support to various regional transit planning issues; develops, manages, evaluates and monitors contracts, agreements, and memoranda of understanding; develops and maintains contact with transportation agencies such as Metro, SCAG, SCAQMD, and Caltrans. • Administers the Department's field operations and transportation budgets; oversees and completes the preparation, submission and implementation of these budgets for the Public Works divisions; prepares and/or reviews contracts, agreements, resolutions, ordinances and bid documents for each division; • Ensures compliance with federal, state, and local laws, rules and regulations in regards to the procedures and services provided by the Department; identifies and rectifies weaknesses in internal controls.
• Manages the Department’s personnel matters, including Workers’ Compensation, classification practices, Fair Labor Standards Act, Family and Medical Leave legislation, grievances, and disciplinary actions; participates in the selection, training, and evaluation of personnel; assumes responsibility for motivating and evaluating assigned personnel; provides necessary training; provides guidance and operational assistance to other division heads in the areas of budget, personnel management and administrative policy as needed. Oversees third party liability issues with Risk Management.
• Confers with the Director of Public Works on policies and programs and represents the City in meetings and conferences relating to public works matters and programs; acts as a liaison to various outside agencies and is responsible for the public relations activities of the Department. • Selects, trains, supervises, and evaluates assigned personnel; provides or coordinates staff training; assigns work activities, projects and programs; meets with staff to identify and resolve problems; works with employees to correct deficiencies; provides guidance and operational assistance to other division heads in the areas of budget, personnel management and administrative policy as needed. • Assists in the supervision of the Department’s operation divisions as required by the Director of Public Works.

PHYSICAL, MENTAL AND ENVIRONMENTAL WORKING CONDITIONS:

Physical
Position requires prolonged sitting, standing, walking, reaching, twisting, turning, kneeling, bending, stooping, squatting in the performance of daily duties. The position also requires grasping, repetitive hand movement and fine coordination in preparing reports using a computer keyboard. Additionally, the position requires both near and far vision when inspecting work, reading reports, and operating office equipment.

Acute hearing is required when providing phone and personal service. The need to lift, drag, and push files,

Page 11 of 31 ends

DEPUTY DIRECTOR OF PUBLIC WORKS- OPERATIONS AND TRANSPORTATION

Page 3 ends

paper and documents weighing up to 25 pounds is also required. The ability to drive an automobile is also required.

Some of these requirements may be accommodated for otherwise qualified individuals requiring and requesting such accommodations.

MINIMUM QUALIFICATIONS:
(The following are minimal qualifications necessary for entry into the classification.)

Education and/or Experience:

Any combination of education and experience that has provided the knowledge, skills and abilities necessary for a Deputy Director of Public Works- Operations and Transportation. A typical way of obtaining the required qualifications is to possess a bachelor's degree in engineering, political science, public administration, legislative and regulatory analysis and compliance, or related field from an accredited college or university, and five (5) years of responsible, professional and supervisory experience in transportation, engineering, maintenance operations management or a closely related field which has included implementation and administration of state and federal regulations. A Master’s degree is highly desirable.

License/Certificate:

Possess and maintain a valid Class C California driver’s license and proof of insurance.

KNOWLEDGE/ABILITIES/SKILLS:
(The following are a representative sample of the KAS’s necessary to perform essential duties of the position.)

Knowledge of:

The fundamental and accepted practices in public administration, management, and financing; municipal budgeting; legal requirements for public works contracting; rules and laws governing municipal labor relations and personnel issues; modern principles, practices and methods of administrative and organizational management; organizational development and public administration policies and procedures; research and reporting methods, techniques and procedures; city government and inter-governmental relationships; basic mathematics and analysis; structure and organization of public sector agencies; principles and practices of public sector personnel administration and supervisory techniques, budget development and implementation;

Page 12 of 31 ends

DEPUTY DIRECTOR OF PUBLIC WORKS- OPERATIONS AND TRANSPORTATION

Page 4 ends

public relations and customer service practices; applicable federal, state and local laws, codes and regulations; standard office procedures, practices and equipment; modern office practices, methods and equipment, including a computer and applicable software; methods and techniques for record keeping and report preparation and writing; proper English, spelling and grammar; occupational hazards and standard safety practices.

Ability to:

Skill to:

Operate an office computer and a variety of word processing, spreadsheet, financial information, and other software applications.

Note:

The above job description is intended to represent only the key areas of responsibilities; specific position assignments will vary depending on the business needs of the department.

REPRESENTATION: UNAFFILIATED
CLASSIFICATION: MANAGEMENT
Created: 12/20/2022

Page 13 of 31 ends

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 $            8,205.65 47.34 $         98,467.86 $ 8525 2 $            8,615.94 49.71 $         103,391.25 $ 3 $            9,046.73 52.19 $         108,560.81 $
4 $            9,499.07 54.80 $         113,988.85 $
5 $            9,974.02 57.54 $         119,688.30 $
6 $            10,472.73 60.42 $       125,672.71 $
7 $            10,996.36 63.44 $       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 $

Page 1 of 9 ends

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 $
6461 DEPUTY DIRECTOR OF COMMUNITY 1 56.36 $           9,768.20 $        117,218.44 $ DEVELOPMENT & BUILDING OFFICIAL 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 $
6462 Deputy Director/City Engineer 1 $63.57 $11,017.57 $132,210.74 2 $66.75 $11,568.45 $138,821.28
3 $70.09 $12,146.87 $145,762.34
4 $73.59 $12,754.21 $153,050.46
5 $77.27 $13,391.92 $160,702.98
6 $81.13 $14,061.52 $168,738.13
7 $85.19 $14,764.59 $177,175.04
6463 Deputy Director ‐ Operations and Transportation 1 $60.39 $10,466.69 $125,600.20 2 $63.41 $10,990.02 $131,880.21
3 $66.58 $11,539.53 $138,474.22
4 $69.91 $12,116.50 $145,397.93
5 $73.40 $12,722.33 $152,667.83
6 $77.07 $13,358.44 $160,301.22
7 $80.93 $14,026.37 $168,316.28
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 $

Page 2 of 9 ends

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
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 $
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 $

Page 3 of 9 ends

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
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 56.36 $           9,768.20 $        117,218.44 $ SERVICES MANAGER 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 $
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 $
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 $

Page 4 of 9 ends

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
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 $
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 $

Page 5 of 9 ends

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
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 $
6481 PLANNING 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 $
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 $

Page 6 of 9 ends

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
6231 RECREATION & LIBRARY  SERVICES  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 $
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 $

Page 7 of 9 ends

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
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 $
6351 WATER DISTRIBUTION SUPERVISOR 1 $            6,754.24 38.97 $         81,050.87 $ 2 $            7,091.95 40.92 $         85,103.41 $
3 $            7,446.55 42.96 $         89,358.57 $
4 $            7,818.88 45.11 $         93,826.51 $
5 $            8,209.82 47.36 $         98,517.83 $
6 $            8,620.31 49.73 $         103,443.73 $
7 $            9,051.33 52.22 $         108,615.91 $
6352 WATER SYSTEMS SUPERVISOR 1 $            6,102.05 35.20 $         73,224.61 $ 2 $            6,407.15 36.96 $         76,885.84 $
3 $            6,727.51 38.81 $         80,730.13 $
4 $            7,063.89 40.75 $         84,766.65 $
5 $            7,417.08 42.79 $         89,004.98 $
6 $            7,787.94 44.93 $         93,455.24 $
7 $            8,177.33 47.18 $         98,127.99 $

Page 8 of 9 ends

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
6353 WATER UTILITY SUPERINTENDENT 1 $            8,336.84 48.10 $         100,042.05 $ 2 $            8,753.68 50.50 $         105,044.16 $
3 $            9,191.36 53.03 $         110,296.37 $
4 $            9,650.93 55.68 $         115,811.19 $
5 $            10,133.48 58.46 $       121,601.75 $
6 $            10,640.15 61.39 $       127,681.83 $
7 $            11,172.16 64.45 $       134,065.92 $

Page 9 of 9 ends

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 $            8,410.80 48.52 $         100,929.55 $ 8525 2 $            8,831.34 50.95 $         105,976.03 $ 3 $            9,272.90 53.50 $         111,274.83 $
4 $            9,736.55 56.17 $         116,838.57 $
5 $            10,223.38 58.98 $       122,680.50 $
6 $            10,734.54 61.93 $       128,814.53 $
7 $            11,271.27 65.03 $       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 $

Page 1 of 9 ends

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 $
6461 DEPUTY DIRECTOR OF COMMUNITY 1 57.76 $           10,012.41 $      120,148.90 $ DEVELOPMENT & BUILDING OFFICIAL 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 $
6462 Deputy Director/City Engineer 1 65.16 $           11,293.01 $      135,516.01 $ 2 68.41 $           11,857.66 $      142,291.81 $
3 71.83 $           12,450.54 $      149,406.40 $
4 75.43 $           13,073.07 $      156,876.72 $
5 79.20 $           13,726.72 $      164,720.55 $
6 83.16 $           14,413.05 $      172,956.58 $
7 87.32 $           15,133.71 $      181,604.41 $
6463 Deputy Director‐ Operations and Transportation 1 61.90 $           10,728.35 $      128,740.21 $ 2 64.99 $           11,264.77 $      135,177.22 $
3 68.24 $           11,828.01 $      141,936.08 $
4 71.66 $           12,419.41 $      149,032.88 $
5 75.24 $           13,040.38 $      156,484.53 $
6 79.00 $           13,692.40 $      164,308.75 $
7 82.95 $           14,377.02 $      172,524.19 $
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 $

Page 2 of 9 ends

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
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 $
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 $

Page 3 of 9 ends

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
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 57.76 $           10,012.41 $      120,148.90 $ SERVICES MANAGER 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 $
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 $
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 $

Page 4 of 9 ends

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
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 $
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 $

Page 5 of 9 ends

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
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 $
6481 PLANNING 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 $
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 $

Page 6 of 9 ends

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
6231 RECREATION & LIBRARY SERVICES 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 $
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 $

Page 7 of 9 ends

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
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 $
6351 WATER DISTRIBUTION SUPERVISOR 1 $            6,923.10 39.94 $         83,077.14 $ 2 $            7,269.25 41.94 $         87,230.99 $
3 $            7,632.71 44.03 $         91,592.54 $
4 $            8,014.35 46.24 $         96,172.17 $
5 $            8,415.06 48.55 $         100,980.78 $
6 $            8,835.82 50.98 $         106,029.82 $
7 $            9,277.61 53.52 $         111,331.31 $
6352 WATER SYSTEMS SUPERVISOR 1 $            6,254.60 36.08 $         75,055.23 $ 2 $            6,567.33 37.89 $         78,807.99 $
3 $            6,895.70 39.78 $         82,748.39 $
4 $            7,240.48 41.77 $         86,885.82 $
5 $            7,602.51 43.86 $         91,230.11 $
6 $            7,982.63 46.05 $         95,791.62 $
7 $            8,381.77 48.36 $         100,581.19 $

Page 8 of 9 ends

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
6353 WATER UTILITY SUPERINTENDENT 1 $            8,545.26 49.30 $         102,543.11 $ 2 $            8,972.52 51.76 $         107,670.26 $
3 $            9,421.15 54.35 $         113,053.78 $
4 $            9,892.21 57.07 $         118,706.46 $
5 $            10,386.82 59.92 $       124,641.79 $
6 $            10,906.16 62.92 $       130,873.87 $
7 $            11,451.46 66.07 $       137,417.57 $

Page 9 of 9 ends

CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. CC 13
Meeting: CC Regular Meeting - Dec 20 2022
Title: Downtown Trash Enclosure Improvement Project Phase III – Project No. P2205 – Award of Contract to FS Contractor, Inc. for an Amount of $98,000 Presented By: Andy Bullington, Director of Public Works Rafael M. Fajardo, City Engineer
Recommendation: 1. Approve plans and specifications for the Downtown Trash Enclosure Improvement Project Phase III – Project No. P2205;

2. Award a contract for the Downtown Trash Enclosure Improvement Project Phase III – Project No. P2205 to FS Contractor, Inc. as the lowest responsive and responsible bidder in the amount of $98,000 and authorize the City Manager to execute the contract; and

3. Authorize an amount of $10,000 as contingency to cover the cost of unforeseen construction expenses.

EXECUTIVE SUMMARY / BACKROUND:

As part of the City’s Fiscal Year 2022-2023 Capital Improvement Program, the City Council approved a project entitled, “Downtown Trash Enclosure Improvement Project Phase III,” which consists of the installation of a new trash enclosure in Downtown Covina at the alleyway south of College Street and westerly of Citrus Avenue.

The project consists of the installation of a new trash enclosure as that meets the following criteria:
• Construct new trash enclosure per City of Covina Standard Plans • Installation of customized metal roof panels and metal doors for sustainability • Color match to complement other newly constructed amenities in Downtown Covina DISCUSSION:

The Department of Public Works requested informal proposals from four companies included in the list for OnCall Services for Maintenance and Repair of City Facilities. City staff received two (2) proposals as follows:

Rank Bidder Location Total Bid Amount
1 FS Contractor, Inc. Sylmar, CA $98,000
2 GM Sager Construction, Inc. La Verne, CA $227,635.85
3 EC Construction, Inc. South El Monte, CA No Response
4 I Built Construction, Inc Walnut, CA No Response
Staff reviewed the bid documents for completeness and concluded that FS Contractor, Inc., is the lowest bidder to perform the construction of this project. FS Contractor, Inc. has satisfactorily completed similar projects for the City such as Parking Lot No. 4 and Trash Enclosure Project Phase II.

FISCAL IMPACT:

A funding amount of $150,000 has been allocated in the City’s approved Fiscal Year 2022-2023 Capital Improvement Program Budget for Downtown Trash Enclosure Improvement Project Phase III – Project No.

P2205 from the environmental funds.

Funding Amount Account
Environmental $150,000 6200-5580-55100-P2205
Total $150,000

PROJECT EXPENSES
Description Amount
Base Bid (FS Contractor, Inc.) $98,000.00
Contingency Allowance $10,000
Total Contract Amount $108,000
Construction Management (CEJ Engineers, Inc.) $17,000
Total Fiscal Impact $125,000
CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):

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

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

ATTACHMENTS:

Attachment A - Bid Analysis
Attachment B - FS Contractors, Inc. Proposal
Attachment C - Minor Construction & Maintenance Services Agreement Attachment D - CEJ Engineers, Inc Proposal
Respectfully submitted,

Page 2 of 30 ends

City of Covina
Public Works Department - Engineering Division
Item Description Quantity Unit Unit Price Total Unit Price Total 1 Clearing and Grubbing 1 LS 8,130.00 $ 8,130.00 $ 7,500.00 $ 7,500.00 $ 2 Disposal of Waste Materials 1 LS 3,500.00 $ 3,500.00 $ 2,000.00 $ 2,000.00 $ 3 Construct Trash Enclosure including all incidentals complete in place, per construction plans, details, Sheets no. 1, 2 & 3 and specifications complete.

LS 197,685.85 1 $ 197,685.85 $ 73,000.00 $ 73,000.00 $
4 Signing and Striping including ADA pavement markings and all incidentals complete in place, per construction plans Sheet no. 4 and specifications complete.

LS 7,712.50 1 $ 7,712.50 $ 4,500.00 $ 4,500.00 $
5 Install irrigation system and landscape and all incidentals complete in place per construction plans Sheet no. 5 complete. LS 8,520.00 1 $ 8,520.00 $ 5,000.00 $ 5,000.00 $ 6 Furnish and Install Concrete sealer (PS 100 or approved equal) per plans Including all incidentals complete in place, per plans, details, and specifications.

LS 2,087.50 1 $ 2,087.50 $ 6,000.00 $ 6,000.00 $
Total $ 227,635.85 $ 98,000.00
Downtown Trash Enclosure Project - Phase III - Project #P2205 - FY 22-23Bid Opening December 13, 2022 at 10:00 am Base Bid GM Sager Construction Co., Inc. #1 FS Contractors, Inc. #2

ATTACHMENT A

Page 3 of 30 ends

ATTACHMENT B

BID SCHEDULE

DOWNTOWN TRASH ENCLOSURE PROJECT
PHASE Ill
PROJECT #P2205
FISCAL YEAR 2022-2023
TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF COVINA:

The undersigned, as Bidder, declares that: (1) this Bid is made without collusion with any other person and that the only persons or parties interested as principals are those named herein; (2) the undersigned has carefully examined the Contract Documents (including all Addenda) and the Project site; and (3) the undersigned has investigated and is satisfied as to the conditions to be encountered, the character, quality and quantities of Work to be performed, and the materials to be furnished. Furthermore, the undersigned agrees that submission of this Bid shall be conclusive evidence that such examination and investigation have been made and agrees, in the event the Contract be awarded to it, to execute the Contract with the City of Covina to perform the Project in accordance with the Contract Documents in the time and manner therein prescribed, and to furnish or provide all materials, labor, tools, equipment, apparatus and other means necessary so to do, except as may otherwise be furnished or provided under the terms of the Contract Documents, for the following stated unit prices or lump-sum price as submitted on the Bid herein. ·
The undersigned submits as part of this Bid a completed copy of its Industrial Safety Record. This Safety Record includes all construction Work undertaken in California by the undersigned and any partnership, joint venture or corporation that any principal of the undersigned participated in as a principal or owner for the last five (5) calendar years and the current calendar year before the date of Bid submittal. Separate information is being submitted for each such partnership, joint venture, or corporate or individual Bidder. The undersigned may attach any additional information or explanation of data that it would · like to be taken into consideration in evaluating the Safety Record. An explanation of the circumstances surrounding any and all fatalities is attached.

The undersigned certifies to have a minimum of three (3) consecutive years of current experience in the type of Work related to the Project and that this experience is in actual operation of the firm with permanent employees performing a part of the Work as distinct from a firm operating entirely by subcontracting all phases of the Work. The undersigned also certifies to be properly licensed by the State as a contractor to perform this type of Work. The undersigned possesses California Contractor's License:

Number 1ooss4o A,C-8,C27 , Class , which expires on _0_71_3_11_20_2_3 ______ _ Bidder's Name: FS Contractors, Inc.

Signatu .l.o~ ~rr12.) Date: 12/13/2022

Page 4 of 30 ends

BID SCHEDULE FOR

DOWNTOWN TRASH ENCLOSURE PROJECT
PHASE Ill
PROJECT #P2205
FISCAL YEAR 2022-2023
Bidder's Name: FS Contractors Inc.

BASE BID SCHEDULE
UNIT EST. UNIT
NO. ITEM DESCRIPTION QTY. QTY. PRICE
1 Clearing and Grubbing LS 1 $7,500
2 Disposal of Waste LS 1 Materials $2,000
Construct Trash Enclosure
Including all incidentals
3 complete in place, per LS 1 $73,000 construction plans, details, Sheets no. 1, 2 & 3 and
specifications complete.

Signing and Striping
Including ADA pavement
markings and all incidentals
4 complete in place, per LS 1 $4,500
construction plans Sheet
no. 4 and specifications
complete.

Install irrigation system and
landscape and all
5 incidentals complete in LS 1 $5,000 place per construction plans Sheet no. 5
complete.

Furnish and Install
Concrete sealer (PS 100 or
approved equal) per plans
6 Including all incidentals LS 1 $6,000
complete in place, per
plans, details, and
specifications.
;
ITEM
COST
$7,500
$2,000
$73,000
.
$4,500
$5,000
$6,000

Page 5 of 30 ends

TOTAL BASE BID PRICE (SCHEDULE BID PRICE): $,~9::.::8.~..=0:.::::.0.::.:0-=-00::::.._ ____ _ Ninety Eight Thousand and zero cents
Dollar amount in written form
Note: Items may be adjusted or deleted. Any changes. to the quantities for these items shall not constitute a substantial change as referenced in Section 3-2.2.1 of the Standard Specifications. Therefore, regardless of total actual volume (percentage) compared to estimated quantities, the unit prices provided above by the Bidder shall be applied to the final quantity when payment is calculated for these items. No adjustment in the unit prices will be allowed. The City reserves the right to not use any of the estimated quantities, and if this right is exercised, the Contractor will not be entitled to any additional compensation.

Salomon Fierros, Vice President
Type or Print ~ame - Title
14838 Bledsoe St.

Business Street Address
Sylmar, CA 91342
City, State and Zip Code
( 818) 838-6040
Telephone Number
12/13/22
Date
Bidder's/Contractor's State of Incorporation: _....:C....:a;.;.;.lif....:o;.;.;.rn;.;.;,i~a __________ _ Partners or Joint Venturers: _ _:_:.N::..:. /A....:...._ ________________ _ Bidder's License Number(s): _ ___J1~0~0::,!_59!.!.:4:uO.t__ ______________ _ Department Industrial Relations
Registered No. __ 1w.O!Jo~O~O.loi,;031£l3.c:4Llo3!Jol8~---------

Page 6 of 30 ends

CITY OF COVINA AGREEMENT FOR

MINOR CONSTRUCTION AND MAINTENANCE SERVICES
This Agreement (“Agreement”) is dated December 20, 2022 (“Effective Date”) and is between the City of Covina, a California municipal corporation (“City”) FS Contractors, Inc., a California corporation (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

RECITALS
A. City desires to utilize the services of Contractor as an independent contractor to perform the Downtown Trash Enclosure Improvement Project Phase III, Project No. P2205.

B. Contractor represents that it is fully qualified to perform such work by virtue of its experience and the training, education and expertise of its principals and employees.

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

The parties therefore agree as follows:

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

2. Compensation.

A. Cost of Work. For the Work described in Section 3 of this Agreement, Contractor shall receive the sum of exceed Ninety-Eight Thousand Dollars ($98,000) payable in accordance with the Schedule of Payments, attached hereto and incorporated herein as Exhibit A (Scope of Work and Payment Schedule). Any terms other than a description of the work to be performed, costs of the work, or the payment schedule contained in Exhibit A is null and void and not a part of this Agreement.

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

C. Additional Services. City shall not allow any claims for additional services performed by Contractor, unless the City Council and the Contractor Representative authorize the additional services in writing prior to Contractor’s performance of the additional services or incurrence of additional expenses. Any additional services or expenses authorized by the City Council shall be compensated at the rates set forth in Exhibit A (Scope of Work and Payment Schedule), 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. Contractor’s Work.

Page 7 of 30 ends

ATTACHMENT C
A. Scope of Services. Contractor shall construct and install all of the work described in the Scope of Work, attached hereto and incorporated herein as Exhibit A (Scope of Work and Payment Schedule) and shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the Work. All of said Work to be performed and materials to be furnished for the Work shall be in strict accordance with the specifications set forth in the Scope of Work. The Work shall be completed within the time set forth in the Scope of Work. Contractor shall not commence the Work until such time as directed in writing by the City. City may request, in writing, changes in the Scope of Work to be performed. Any changes mutually agreed upon by the parties, and any increase or decrease in compensation, shall be incorporated by written amendments to this Agreement.

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

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

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

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

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

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

Page 8 of 30 ends

H. City Approval. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed subject to the approval of City or its authorized representatives, and the quality of the workmanship shall be guaranteed for one year from date of acceptance.

I. Performance and Labor and Material Bonds. Within ten (10) business days from the execution of this Agreement, Contractor shall provide the City with: (1) a Performance Bond, which shall be maintained until the end of the warranty period set forth in subsection O of this Section 3, to assure faithful performance of this Agreement in regard to the work required to be constructed pursuant to this Agreement in the amount of the Contract; and (2) a Labor and Materials Bond to secure payment to any contractor, subcontractor, persons renting equipment, or furnishing labor or materials for the work required to be constructed or installed pursuant to this Agreement in the additional amount of the Contract. The bonds shall be in substantially the form attached hereto as Exhibits C and D, incorporated herein by this reference, and approved by the City Attorney. The surety shall be a surety admitted in the State of California and approved by the City.

J. Contractor's Independent Investigation. No plea of ignorance of conditions that exist or that may hereafter exist or of conditions of difficulties that may be encountered in the execution of the work under this Contract, as a result of failure to make the necessary independent examinations and investigations, and no plea of reliance on initial investigations or reports prepared by City for purposes of letting this Contract out to proposal will be accepted as an excuse for any failure or omission on the part of the Contractor to fulfill in every detail all requirements of this Contract. Nor will such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time.

K. Contractor's Affidavit. After the completion of the Work contemplated by this Agreement, Contractor shall file with the City Manager his affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors on the Work have been paid in full, and that there are no claims outstanding against the project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California.

L. Utility Location. City acknowledges its responsibilities with respect to locating utility facilities pursuant to California Government Code Section 4215.

M. Regional Notification Centers. Contractor agrees to contact the appropriate regional notification center in accordance with Government Code Section 4215.

N. Inspection. The Work shall be subject to inspection and testing by City and its authorized representatives during manufacture and construction and all other times and places, including without limitation, the plans of Contractor and any of its suppliers. Contractor shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the Work. The Work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the Work.

Page 9 of 30 ends

O. Warranty. Contractor shall guarantee or warranty the work done pursuant to this Agreement for a period of one year following acceptance thereof by City against any defective work or labor done or defective materials furnished.

P. Liquidated Damages; Extension Of Time. In accordance with Government Code Section 53069.85, Contractor agrees to forfeit and pay to City the sum of one Thousand Dollars ($1,000.00) per day for each calendar day completion is delayed beyond the time allowed pursuant to Section 3 of this Agreement. Such sum shall be deducted from any payments due to or to become due to Contractor. Contractor will be granted an extension of time and will not be assessed liquidated damages far unforeseeable delays beyond the control of, and without the fault or negligence of, the Contractor including delays caused by City. Within ten (10) calendar days of the occurrence of such delay, Contractor shall give written notice to City. Within thirty (30) calendar days of the occurrence of the delay, Contractor shall provide written documentation sufficient to support its delay claim to City. Contractor's failure to provide such notice and documentation shall constitute Contractor's waiver, discharge, and release of such delay claims against City.

4. Method of Payment.

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

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

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

D. Waiver of Claims. On or before making final request for payment under Paragraph B, above, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Agreement; the acceptance by Contractor of the final payment shall constitute a waiver of all claims against City under or arising out of this Contract except those previously made in writing and request for payment. Contractor shall be required to execute an affidavit, release and indemnify agreement with each claim for payment.

Page 10 of 30 ends

be used, reused, disseminated or otherwise disposed of by the City without the permission of the Contractor. With respect to computer files containing data generated for the work, Contractor shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. Contractor may take and retain copies of the written products as desired, but the written products shall not be the subject of a copyright application by Contractor.

6. Independent Contractor.

A. Contractor is, and shall at all times remain as to City, a wholly independent contractor and not an employee of City. The personnel performing the services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor's exclusive direction and control. Contractor shall have no power to incur any debt, obligation, or liability on behalf of City. Neither City nor any of its agents shall have control over the conduct of Contractor or any of Contractor’s employees. Contractor shall not, at any time, or in any manner, represent that it or any of its officers, agents or employees are in any manner employees of City. Contractor and Contractor’s personnel shall not supervise any of City’s employees; and City’s employees shall not supervise Contractor’s personnel. Contractor’s personnel shall not wear or display any City uniform, badge, identification number, or other information identifying such individual as an employee of City; and Contractor’s personnel shall not use any City e-mail address or City telephone number in the performance of any of the services under this Agreement. Contractor shall acquire and maintain, at its sole cost and expense, such vehicles, equipment, and supplies as Contractor’s personnel require to perform any of the services required by this Agreement. Contractor shall perform the services off of City premises at locations of Contractor’s choice, except as otherwise may from time to time be necessary in order for Contractor’s personnel to receive projects from City, review plans on file at City, pick up or deliver any work product related to Contractor’s performance of the Work 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 Contractor from time to time for Contractor’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 Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing Work hereunder for City. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing Work hereunder. Contractor shall be responsible for and pay all wages, salaries, benefits and other amounts due to Contractor’s personnel in connection with their performance of the Work under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, other retirement or pension benefits, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. Notwithstanding any other agency, state, or federal policy, rule, regulation, statute or ordinance to the contrary, Contractor and any of its officers, employees, agents, and subcontractors providing any of the Work 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

Page 11 of 30 ends

of City, and entitlement to any contribution to be paid by City for employer contributions or employee contributions for PERS benefits.

C. Contractor 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 Contractor’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 Contractor under this Agreement any amount due to City from Contractor as a result of Contractor’s failure to promptly pay to City any reimbursement or indemnification arising under this Section 6. This duty of indemnification is in addition to Contractor’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. Contractor agrees that, in providing its employees and any other personnel to City to perform the Work under this Agreement, Contractor 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, Contractor shall assure compliance with regard to personnel who have active or inactive membership in PERS and to those who are retired annuitants and in performing this Agreement shall not assign or utilize any of its personnel in a manner that will cause City to be in violation of the applicable retirement laws and regulations.

B. Indemnification. Contractor 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 Contractor’s violation of any provisions of this Section 7. This duty of indemnification is in addition to Contractor’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 Contractor or provided for performance of this Agreement are deemed confidential. Contractor shall keep all data confidential and shall not disclose any data to any person or entity without City’s prior written consent. City shall grant such consent if disclosure is legally required. Contractor shall return all data to City upon the expiration or termination of this Agreement. Contractor’s covenant under this Section 8 shall survive the expiration or termination of this Agreement.

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

Page 12 of 30 ends

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

10. Indemnification.

A. Indemnities for Third Party Claims.
1) To the fullest extent permitted by law, Contractor 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 Contractor, its officers, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that Contractor 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. Contractor 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. Contractor shall reimburse the Indemnitees for any and all legal expenses and costs incurred by Indemnitees in connection therewith. 2) Contractor shall pay all required taxes on amounts paid to Contractor 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. Contractor shall fully comply with the workers’ compensation law regarding Contractor and Contractor’s employees. Contractor shall indemnify and hold City harmless from any failure of Contractor to comply with applicable workers’ compensation laws.

City may offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor’s failure to promptly pay to City any reimbursement or indemnification arising under this Subparagraph A. 2). 3) Contractor 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 Contractor in the performance of this Agreement. If Contractor fails to obtain such indemnity obligations, Contractor shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Liabilities in

Page 13 of 30 ends

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 Contractor’s subcontractor, its officers, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that Contractor’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. Contractor’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. Contractor 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 Contractor 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. Contractor’s indemnifications and obligations under this Section 10 shall survive the expiration or termination of this Agreement.

11. Insurance.

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

Page 14 of 30 ends

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 Contractor’s insurance and shall not contribute with it.

E. Contractor’s Waiver of Subrogation. The insurance policies required under this Section 11 shall not prohibit Contractor and Contractor’s employees, agents or subcontractors from waiving the right of subrogation prior to a loss. Contractor 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, Contractor shall either reduce or eliminate the deductibles or self-insured retentions with respect to City, or Contractor shall procure a bond guaranteeing payment of losses and expenses.

G. Cancellations or Modifications to Coverage. Contractor 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, Contractor 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 Contractor 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 Contractor’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 Contractor’s expense, the premium thereon. Contractor shall promptly reimburse City for any premium paid by City or City may withhold amounts sufficient to pay the premiums from payments due to Contractor.

I. Evidence of Insurance. Prior to the performance of Work under this Agreement, Contractor 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. Contractor may provide complete, certified copies of

Page 15 of 30 ends

all required insurance policies to City. Contractor shall maintain current endorsements on file with City’s Risk Manager. Contractor 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. Contractor 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 Contractor shall not be construed as a limitation of Contractor’s liability or as full performance of Contractor’s duty to indemnify City under Section 10 of this Agreement.

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

12. Mutual Cooperation.

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

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

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

14. Termination or Suspension of Agreement.

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

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

Page 16 of 30 ends

15. Force Majeure. Contractor shall not be liable for any failure to perform its obligations under this Agreement if Contractor 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 Contractor’s reasonable control and not due to any act by Contractor.

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

If to City: If to Contractor:

Attn: Engineering Division Attn: Salomon Fierros
City of Covina FS Contractors, Inc.
125 E. College Street 14838 Bledsoe Street
Covina, California 91723 Sylmar, CA 91342

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

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

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

Page 17 of 30 ends

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. If the City Manager has entered into this Agreement on behalf of the City, the City Manager may approve an amendment to this Agreement and additional payment up to the amount of his contract authority. If this Agreement was originally approved by the City Council, then any amendments shall be approved by the City Council, except that the City Manager may approve amendments extending the time for performance, modifying the scope of work without any change to the maximum payment, approving a change in name of the Contractor, or terminating 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.

Page 18 of 30 ends

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. Claim Dispute Resolution. In the event of any dispute or controversy with the City over any matter whatsoever, the Contractor shall not cause any delay or cessation in or of work, but shall proceed with the performance of the work in dispute. The Contractor shall retain any and all rights provided that pertain to the resolution of disputes and protests between the parties. The disputed work will be categorized as an "unresolved dispute" and payment, if any, shall be as later determined by mutual agreement or a court of law. The Contractor shall keep accurate, detailed records of all disputed work, claims and other disputed matters. All claims arising out of or related to the Agreement or this Project, and the consideration and payment of such claims, are subject to the Government Claims Act (Government Code Section 810 et seq.) with regard to filing claims.

All such claims are also subject to Public Contract Code Section 9204 and Public Contract Code Section 20104 et seq. (Article 1.5), where applicable. This Contract hereby incorporates those provisions as though fully set forth herein. Thus, the Contractor or any Subcontractor must file a claim in accordance with the Government Claims Act as a prerequisite to filing a construction claim in compliance with Section 9204 and Article 1.5 (if applicable), and must then adhere to Article 1.5 and Section 9204, as applicable, pursuant to the definition of "claim" as individually defined therein.

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 Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder.
[SIGNATURE PAGE FOLLOWS]

Page 19 of 30 ends

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

City:

City of Covina,
a California municipal corporation
By:

Name: Christopher Marcarello
Title: City Manager
ATTEST:

By:

Name: Fabian Velez
Title: Deputy City Clerk
Contractor:

FS Contractors, Inc.
a California corporation
By:

Name:

Title:

By:

Name:

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

Page 20 of 30 ends

EXHIBIT A

SCOPE OF WORK AND PAYMENT SCHEDULE

Page 21 of 30 ends

EXHIBIT B

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 Contractor agrees to be bound by all the provisions thereof as though set forth in full herein.

2. Contractor 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. Contractor 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. Contractor 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 Contractor or by any subcontractor.

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

Contractor 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. Contractor shall comply with the provisions of California Labor Code Section 1776 which, among other things, require Contractor 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. Contractor is responsible for compliance with Section 1776 by itself and all of its subcontractors.

6. Contractor 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 Contractor is responsible for compliance with Section 1777.5 by itself and all of its subcontractors.

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

Page 22 of 30 ends

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, Contractor 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 ____________________________________

Page 23 of 30 ends

EXHIBIT C

PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS that:

WHEREAS the City of Covina (“City”), has awarded to
(“Principal”)
(Name and address of Contractor)
a contract (the “Contract”) for the Work described as follows:

DOWNTOWN TRASH ENCLOSURE IMPROVEMENT PROJECT PHASE III
(Project Description/ Name)
WHEREAS, Principal is required under the terms of the Contract to furnish a Bond for the faithful performance of the Contract.

NOW, THEREFORE, we, the undersigned Principal, and

(Name and address of Surety)
(“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the City in the penal sum of Dollars ($ ), this
amount being not less than the total Contract Price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors executors and administrators, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the Contract and any alteration thereof made as therein provided, on the Principal’s part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect.

As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surety hereby waives any statute of limitations as it applies to an action on this Bond.

The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or of the Work to be performed thereunder or the specifications

Page 24 of 30 ends

accompanying the same shall in anywise affect its obligations under this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the specifications. Surety hereby waives the provisions of California Civil Code Sections 2845 and 2849. The City is the principal beneficiary of this Bond and has all rights of a party hereto.

IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body.

Dated:
“Principal”
By:

Its
By:

Its
(Seal)
“Surety”
By:

Its
By:

Its
(Seal)
Note: This Bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. DATE OF BOND MUST NOT BE BEFORE DATE OF CONTRACT. IF CONTRACTOR IS A PARTNERSHIP, ALL PARTNERS MUST EXECUTE BOND. DATE OF BOND MUST NOT BE PRIOR TO DATE OF CONTRACT. Surety companies executing Bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located.

Page 25 of 30 ends

EXHIBIT D

PAYMENT BOND
(LABOR AND MATERIALS)
KNOW ALL PERSONS BY THESE PRESENTS that:

WHEREAS the City of Covina (“City”), State of California, has awarded to (“Principal”)
(Name and address of Contractor)
a contract (the “Contract”) for the Work described as follows:

DOWNTOWN TRASH ENCLOSURE IMPROVEMENT PROJECT PHASE III
(Project Description/Name)
WHEREAS, under the terms of the Contract, the Principal is required before entering upon the performance of the Work, to file a good and sufficient payment Bond with the City to secure the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code.

NOW, THEREFORE, we, the undersigned Principal, and
(Name and address of Surety)
(“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the City and all contractors, subcontractors, laborers, material suppliers, and other persons employed in the performance of the Contract and referred to in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the penal sum of Dollars
($ ), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this Work or labor, that the Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this Bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by City in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.

It is hereby expressly stipulated and agreed that this Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this Bond.

Upon expiration of the time within which the California Labor Commissioner may serve a civil wage and penalty assessment against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1741, and upon expiration of the time within which a joint labor management committee may commence an action against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section

Page 26 of 30 ends

1771.2, if the condition of this Bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect.

The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract or the Specifications accompanying the same shall in any manner affect its obligations on this Bond, and it does hereby waive notice of any such change, extension, alteration or addition.

Dated:
“Principal”
By:

Its
By:

Its
(Seal)
“Surety”
By:

Its
By:

Page 27 of 30 ends

Engineers ● Surveyors ● Planners
18800 Amar Rd. Suite B13, Walnut CA., 91789 / 626-667-8675 December 13, 2022

CITY OF COVINA
Rafael Fajardo, P.E
City Engineer
125 East College Street
Covina, CA 91723
SUBJECT: PROJECT INSPECTION SERVICES FOR DOWNTOWN TRASH ENCLOSURE

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

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

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

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

Respectfully Submitted,
Joaquin Cervantes, P.E.

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

Page 28 of 30 ends

ATTACHMENT D

PROJECT INSPECTION SERVICES FOR DOWNTOWN TRASH ENCLOSURE PROJECT Pg. 2
Exhibit A

SCOPE OF WORK
CEJ will provide Project management and Inspection services for the subject project as indicated on Plans and Specifications to commence on or about January 2023. The major tasks include the following Perform Quality Assurance monitoring, Daily Inspections, and surveillances of the Construction Contractors activities to assure compliance with the design criteria and requirements and the Construction Contractors Project Plans.

1. Review construction document transmittals, i.e. shop drawings, Requests for Information, Requests for Change Orders, etc., submitted by the Construction Contractors prior to incorporation into the work;

2. Attend regular progress review meetings with the Construction Contractors to ascertain job progress and identify and resolve problems;

3. Respond to all of the Construction Contractors' Requests for Information;

4. Maintain shop drawings logs, tracking the date submitted by the Construction Contractors, date returned to the Construction Contractors.

5. Process plans and shop drawings submittals in a timely manner, and stamp acceptable documents “Released For Construction”.

6. Maintain Request for Information Logs and Request for Change Order Logs, tracking the data submitted by the Construction Contractors and date returned to the Construction Contractors;

7. Respond to every notice of potential claim received from the Construction Contractors and take all steps necessary to mitigate delays and damages;

8. Analyze all of the Construction Contractors' claims and make recommendations for possible resolutions;

9. Maintain an accurate and current record of daily construction progress. Such record shall include daily reports, Resident Engineer's diary, use of photographs, minutes of all meetings and correspondence files;

10. Collect all Quality Assurance records including As-Built drawings, test reports, As-Built drawings (final revisions) shall be supplied by the Construction Contractors based on the as built conditions.

Page 29 of 30 ends

PROJECT INSPECTION SERVICES FOR DOWNTOWN TRASH ENCLOSURE PROJECT Pg. 3
Exhibit B
Proposed Fee
Proposed Lump sum fee to not exceed $17,000.00
CLIENT: City of Covina CEJ Engineers Inc
PROJ: Downtown Trash Enclosure Project
JOB NO: SUMMARY PROPOSAL FEE
DATE: 12/13/22
LABOR Task 1 CONSTRUCTION OVERSIGHT
Class Position/Name Hours Rate Subtotal
B Construction Manager 17.5 $160 $2,800
Subtotal $2,800
LABOR Task 2 INSPECTION SERVICES
B Senior Public Works Observer 142 $100 $14,200
Subtotal $14,200
Note:

Time Estimation based on a 30-DAY Project Schedule

PROPOSED FEE
PROPOSED FEE: $17,000
Proposal By / Project Manager: Joaquin Cervantes, P.E

Page 30 of 30 ends

CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. CC 14
Meeting: CC Regular Meeting - Dec 20 2022
Title: Speed Hump Installation Project – Dexter Avenue between 1st Avenue and 2nd Avenue Presented By: Andy Bullington, Director of Public Works Rafael M. Fajardo, City Engineer
Recommendation: Approve recommendation from Traffic and Parking Advisory Commission for the installation of a speed hump at Dexter Avenue between 1st Avenue and 2nd Avenue.

EXECUTIVE SUMMARY / BACKROUND:

During the past several months, the Public Works Department – Engineering Division has received service requests from residents for the installation of traffic calming speed humps on Dexter Avenue between 1st Avenue and 2nd Avenue. On December 13, 2022, City staff presented this request to the Traffic and Parking Advisory Commission for their consideration and approval. The Traffic and Parking Advisory Commission reviewed and approved staff’s recommendation for the installation of a speed hump on Dexter Avenue between 1st Avenue and 2nd Avenue.

Speed humps have been used as a traffic calming device in many cities to reduce vehicle speeds on local residential streets with a single travel lane in each direction. Speed humps are round, raised areas of asphalt constructed across the roadway width. The length of speed bumps are generally 12-feet with a maximum height of 3-inches; they can also span the full width of a street tapering at the gutters to not affect storm water flow.

DISCUSSION:

Dexter Avenue is a residential local roadway that runs East/West and carries one lane in each direction and is Stop Controlled at 1st Avenue and 2nd Avenue. The roadway is approximately 40-feet wide from curb face to curb face with parking allowed on the north and south side of the road with no street sweeping restrictions. There is a concrete sidewalk on both sides of the streets.

Several requests were made to the Engineering Division by residents living on Dexter Avenue from 1st Avenue to 2nd Avenue for the installation of traffic calming improvements. Residents stated that car speeds have increased due to the lack of stop signs and other traffic calming measures. According to the residents, cars are speeding up to the point that an accident may occur at anytime.

Residents living within this area submitted a Speed Hump Neighborhood Petition to the Engineering Division (Attachment A). City staff reviewed and analyzed their request according to the City's Speed Hump Policy. City staff determined that this street segment is eligible for speed hump installation due tot eh following conditions. • A substantial majority (67%) of residents on logical continuous segments of a local residential street must support the installation of speed humps; 72% approved the installation. • The street shall be no more than on lane in each direction. • The street should not be a truck route or a transit route. • The street should not have grades greater than 5%. On hilly/rolling streets, the eligible segment of the street shall meet the minimum sight distance requirements. • Streets eligible for the installation of speed humps shall have a posted speed limit of 30 mph or less as determined in accordance with State Law, and shall have an 85% percentile speed a minimum of 10 mph over the posted speed limit.
• The street should not have grades greater than 5%. On hilly/rolling streets, the eligible segment of the street shall meet the minimum sight distance requirements.

Streets less than 1,200 feet and greater than 600 feet may be eligible for speed humps provided they meet all other criteria and the street is continuous to street segments of 1,200 feet or longer with speed humps. The area in question along Dexter Avenue qualifies ultimately qualifies for the installation of a speed hump.

FISCAL IMPACT:

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

CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):

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

ATTACHMENTS:

Attachment A - Neighborhood Petition
Respectfully submitted,

Page 2 of 4 ends

Page 3 of 4 ends

Page 4 of 4 ends

CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. CC 15
Meeting: CC Regular Meeting - Dec 20 2022
Title: Professional Services Agreement with Masonic Center for Youth and Families Presented By: David Povero, Chief of Police
Recommendation: Approve Professional Services Agreement with Masonic Center for Youth and Families for clinical and social services.

EXECUTIVE SUMMARY / BACKROUND:

On October 1, 2019, the City of Covina entered into an agreement with the Masonic Center for Youth and Families for clinical and social services to local students who participate in the Youth Accountability Board (YAB) program to reduce truancy and improve academic performance. The current agreement will expire on December 31, 2022. For City Council consideration is a new one-year agreement expiring on December 31, 2023 with an option to extend the agreement for two (2) additional one-year terms.

DISCUSSION:

For the past three years, the City of Covina through the police department, has utilized the Masonic Center for Youth and Families, a private non-profit 501(c)(3) organization, to provide professional expertise during monthly YAB committee meetings. Services include the following. • Clinical counseling services to children and parents as appropriate and necessary for completing participation in the Youth Accountability Board Program. • Providing solution focused therapy addressing client’s presenting issues • Providing appropriate staff for counseling services.
• Providing all clinical facilities necessary for counseling services FISCAL IMPACT:

This agreement has a "not-to-exceed" amount of $25,000 in total. No additional funds are being requested at this time. There should be adequate funds this fiscal year under 1010 1120 51990.

CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):

None.

ATTACHMENTS:

Attachment A - YAB Contract
Respectfully submitted,

Page 2 of 18 ends

PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement (''Agreement") is dated January 1, 2023 (''Effective Date") and is between the City of Covina, a California municipal corporation ("City") and Masonic Center for Youth and Families, a 501(c)(3) private non-profit ('"MCYAF" or "Contractor"). City and Contractor are sometimes individually referred to as "Party" and collectively as "Parties" in this Agreement.

RECITALS
A. City desires to utilize the services of Contractor as an independent Contractor to clinical services as part of the Youth Accountability Board ("YAB"). B.

Contractor represents that it is fully qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees.

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

The parties therefore agree as follows:

1. Term of Agreement. The term of this Agreement shall be from the Effective Date through December 31, 2023, unless sooner terminated as provided in Section 14 of this Agreement. The City may, upon mutual agreement, extend this Agreement for two (2) additional one- year terms.

In no event shall the contract be extended beyond December 31, 2025.

2. Compensation.

A. Compensation. As full compensation for Contractor's services provided under this Agreement, City shall pay Contractor a sum not to exceed Twenty-Five Thousand Dollars and Zero Cents ($$25,000) (the "maximum compensation"), based on the hourly rates set forth in the Approved Service Quote, attached hereto as Exhibit A. Any terms in Exhibit A, other than the payment rates and schedule of payment, are null and void.

Contractor shall be compensated at the below rates:

Individual session
Group Session
$150.00 per one-hour session
$50.00 per person per one-hour
session
B. Expenses. Contractor shall be responsible for all expenses required by Contractor to fulfill all obligations required under this agreement.

C. Additional Services. City shall not allow any claims for additional services performed by Contractor, unless the City Council and the Contractor Representative authorize the

Page 3 of 18 ends

additional services in writing prior to Contractor's performance of the additional services or incurrence of additional expenses. Any additional services or expenses authorized by the City Council shall be compensated at the rates set forth in Exhibit A, or, if not specified, at a rate mutually agreed to by the parties. City shall make payment for additional services and expenses in accordance with Section 4 of this Agreement.

3. Contractor's Services.

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

B. Party Representatives. For the purposes of this Agreement, the City Representative shall be the City Manager, or such other person designated in writing by the City Manager (the ·'City Representative"). For the purposes of this Agreement, the Contractor Representative shall be Lisa Goodwin, LCSW, Senior Director, MCYAF (the "Contractor Representative''). The Contractor Representative shall directly manage Contractor's services under this Agreement.

Contractor shall not change the Contractor Representative without City's prior written consent.

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

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

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

Page 4 of 18 ends

4. Method of Payment.

B. Payment. City shall pay all undisputed invoice amounts within thirty (30) calendar days after receipt up to the maximum compensation set forth in Section 2 of this Agreement. City 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. Contractor shall make all records, invoices, time cards, cost control sheets and other records maintained by Contractor in connection with this agreement available during Contractor's regular working hours to City for review and audit by City.

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

6. Independent Contractor.

Page 5 of 18 ends

employees; and City's employees shall not supervise Contractor's personnel. Contractor's personnel shall not wear or display any City uniform, badge, identification number, or other information identifying such individual as an employee of City; and Contractor's personnel shall not use any City e-mail address or City telephone number in the performance of any of the services under this Agreement. Contractor shall acquire and maintain, at its sole cost and expense, such vehicles, equipment, and supplies as Contractor's personnel require to perform any of the services required by this Agreement. Contractor shall perform the services off of City premises at locations of Contractor's choice, except as otherwise may from time to time be necessary in order for Contractor's personnel to receive projects from City, review plans on file at City, pick up or deliver any work product related to Contractor'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 Contractor from time to time for Contractor's personnel to obtain information about or to check on the status of projects pertaining to the services under this Agreement.

Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, other retirement or pension benefits, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.

Notwithstanding any other agency, state, or federal policy, rule, regulation, statute or ordinance to the contrary, Contractor and any of its officers, employees, agents, and subcontractors providing any of the services under this Agreement shall not become entitled to, and hereby waive any claims to, any wages, salaries, compensation, benefit or any incident of employment by City, including, but not limited to, eligibility to enroll in, or reinstate to membership in, the California Public Employees Retirement System ('"PERS'') as an employee of City, and entitlement to any contribution to be paid by City for employer contributions or employee contributions for PERS benefits.

C Contractor 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 Contractor'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 Contractor under this Agreement any amount due to City from Contractor as a result of Contractor's failure to promptly pay to City any reimbursement or indemnification arising under this Section 6. This duty of indemnification is in addition to Contractor's duty to defend, indemnify, and hold harmless as set forth in any other provision of this Agreement.

Page 6 of 18 ends

7. PERS Compliance and Indemnification.

A. General Requirements. The parties acknowledge that City is a local agency member of PERS, and as such has certain pension reporting and contribution obligations to PERS on behalf of qualifying employees. Contractor agrees that, in providing its employees and any other personnel to City to perform the services under this Agreement, Contractor 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.

B. Indemnification. Contractor 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 Contractor's violation of any provisions of this Section 7. This duty of indemnification is in addition to Contractor'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 Contractor or provided for performance of this Agreement are deemed confidential. Contractor shall keep all data confidential and shall not disclose any data to any person or entity without City's prior written consent. City shall grant such consent if disclosure is legally required. Contractor shall return all data to City upon the expiration or termination of this Agreement. Contractor's covenant under this Section 8 shall survive the expiration or termination of this Agreement.

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

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

10. Indemnification.

A. Indemnities for Third Party Claims.

Page 7 of 18 ends

1) To the fullest extent permitted by law, Contractor 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 Contractor, its officers, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that Contractor 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. Contractor 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. Contractor shall reimburse the Indemnitees for any and all legal expenses and costs incurred by Indemnitees in connection therewith. 2) Contractor shall pay all required taxes on amounts paid to Contractor 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. Contractor shall fully comply with the workers' compensation law regarding Contractor and Contractor's employees. Contractor shall indemnify and hold City harmless from any failure of Contractor to comply with applicable workers' compensation laws. City may offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor's failure to promptly pay to City any reimbursement or indemnification arising under this Subparagraph A. 2).
3) Contractor 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 Contractor in the performance of this Agreement. If Contractor fails to obtain such indemnity obligations, Contractor 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 Contractor's subcontractor, its officers, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that Contractor'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. Contractor's indemnifications and obligations under this Section 10, or any other provision of this Agreement, shall not be limited

Page 8 of 18 ends

by the provisions of any workers' compensation act or similar act. Contractor 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 Contractor 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. Contractor's indemnifications and obligations under this Section I 0 shall survive the expiration or termination of this Agreement.

11. Insurance.

A. Minimum Scope and Limits of Insurance. Contractor shall procure and at all times during the term of this Agreement carry, maintain, and keep in full force and effect, insurance as follows:
1) Commercial General Liability Insurance with a minimum limit of Two Million Dollars ($2,000,000) per occurrence for bodily injury, personal injury and property damage and a general aggregate limit of Two Million Dollars ($2,000,000) per project or location. If Contractor is a limited liability company, the commercial general liability coverage shall be amended so that Contractor and its City's, 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 One Million Dollars ($1,000,000) per accident for bodily injury and property damage. If Contractor does not use any owned, non-owned or hired vehicles in the performance of services under this Agreement, Contractor shall obtain a non-owned auto endorsement to the Commercial General Liability policy required under Subparagraph A. 1) of this Section 11. 3) Workers' Compensation Insurance as required by the State of California and Employer's Liability Insurance with a minimum limit of One Million Dollars ($1,000,000) per accident for bodily injury or disease. If Contractor has no employees while performing services under this Agreement, workers' compensation policy is not required, but Contractor shall provide an executed declaration that it has no employees.
4) Professional Liability Insurance with minimum limits of Two Million Dollars ($2,000,000) per claim and in aggregate.

Page 9 of 18 ends

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 self-- insurance available to City. Any insurance or self-insurance maintained by City, its officers, employees, agents or volunteers, shall be in excess of Contractor's insurance and shall not contribute with it.

E. Contractor's Waiver of Subrogation. The insurance policies required under this Section 11 shall not prohibit Contractor and Contractor's employees, agents or subcontractors from waiving the right of subrogation prior to a loss. Contractor 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, Contractor shall either reduce or eliminate the deductibles or self-insured retentions with respect to City, or Contractor shall procure a bond guaranteeing payment of losses and expenses.

G. Cancellations or Modifications to Coverage. Contractor 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, Contractor 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 Contractor 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 Contractor'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 Contractor's expense, the premium thereon. Contractor shall promptly reimburse City for any premium paid by City or City may withhold amounts sufficient to pay the premiums from payments due to Contractor.

I. Evidence of Insurance. Prior to the performance of services under this Agreement, Contractor 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. Contractor may provide complete, certified copies of all required insurance policies to City. Contractor shall maintain current endorsements on file with City's Risk Manager. Contractor 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

Page 10 of 18 ends

policies providing at least the same coverage. Contractor 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 Contractor shall not be construed as a limitation of Contractor's liability or as full performance of Contractor's duty to indemnify City under Section 10 of this Agreement.

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

12. Mutual Cooperation.

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

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

13. Records and Inspections. Contractor shall maintain full and accurate records with respect to all matters covered under this Agreement for a period of three (3) years. Contractor shall, without charge, provide City with access to the records during normal business hours. City may examine and audit the records and make transcripts therefrom, and inspect all program data, documents, proceedings and activities.

14. Termination or Suspension of Agreement.

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

15. Force Majeure. Contractor shall not be liable for any failure to perform its obligations under this Agreement if Contractor 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

Page 11 of 18 ends

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 Contractor's reasonable control and not due to any act by Contractor.

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

If to City:

Attn:

Covina
------------------
125 E. College Street
Covina, California 91723
If to Contractor:

Attn:

Lisa Goodwin, LCSW, City of
Senior Director
1650 E. Old Badillo St. #B-3
Covina, CA 91724

17. Non-Discrimination and Equal Employment Opportunity. In the performance of this Agreement, Contractor shall not discriminate against any employee, subcontractor or applicant for employment because of race, color, religious, creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information, sexual orientation or other basis prohibited by law. Contractor will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment, without regard to their race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information or sexual orientation.

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

Page 12 of 18 ends

21. Exhibits. Exhibit A and Exhibit 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.

23. Amendment of Agreement. This Agreement may be amended only by a writing signed by both parties. The City 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 non-- substantive 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.

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.

Page 13 of 18 ends

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 Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder.
[SIGNATURE PAGE FOLLOWS]

Page 14 of 18 ends

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: Chris Marcarello
Title: City Manager
Contractor:

Contemporary Service Corporation
a California corporation
By:

Name: James Granger
Title: President
By:

Name: Paul Erickson
Title: Chief Financial Officer
ATTEST:

By:

Name: Fabian Velez
Title: Deputy City Clerk
(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.)
APPROVED AS TO FORM:

By:

Name: Candice K. Lee
Title: City Attorney

Page 15 of 18 ends

EXHIBIT A

APPROVED SERVICE QUOTE
12923-0001\2388422v2.doc

Page 16 of 18 ends

ASONIC CENTER FOR

YOUTH AND FAMILIES
Exhibit A
Youth Accountability Program Compensation
Contractor (Masonic Center for Youth and Families) shall be compensated at the below rates:

Individual session $150.00 per one-hour session
Group Session $50.00 per person per one-hour session
A 1650 E. Old Badillo Street \. (626) 251-2300
Covina, CA 97124

Page 17 of 18 ends

EXHIBIT B

SCOPE OF SERVICES
All of Contractor's services shall be provided by MCYAF Licensed Psychologists, Licensed Marriage and Family Therapists, and Licensed Clinical Social Workers. Contractor shall provide the following services under this Agreement:

1. Contractor shall provide professional expertise during monthly YAB committee meetings;

2. Contractor shall provide professional clinical counseling services to children and parents as appropriate and necessary for completing participation in the Youth Accountability Board Program;

3. Contractor shall provide brief, solution focused therapy addressing client’s presenting issues

4. Contractor will provide no more than one staff member for YAB Committee Monthly meetings.

5. Contractor will use appropriate staff for counseling services to include number of actual staff involved in counseling. Contractor staffing usage shall be consistent with industry standards for professional services provided by Contractor.

6. Contractor will provide all clinical facilities necessary for counseling services to include parking at no cost for City personnel involved in the YAB Program, its participants and their families.

City shall provide Contractor personnel attending YAB meetings with parking at the Job Site at no cost or City shall reimburse Contractor for the costs of parking for its personnel attending the YAB meetings. Contractor shall bill City for any parking fee costs incurred by its personnel attending the YAB meetings in its monthly invoice which shall be due and payable on the terms and conditions set forth in this Agreement.

Page 18 of 18 ends

CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. CC 16
Meeting: CC Regular Meeting - Dec 20 2022
Title: Consideration of Resolutions CC 2022-136 and Resolution CC 2022-137 Accepting and Allocating Grant Funds from the State of California Budget Act of 2021 (SB 129) for the Covina Metrolink Library Center at the Covina Recreation Village Project, and Authorizing the Grant Application, Accepting $5,377,020 in Grant Funds, and Authorizing the City Manager to Execute the Acceptance and Implementation of Grant Funds, and Designating the City Manager as the Authorized Representative for Purposes of Executing the Grant Agreement and Related Documents
Presented By: Brian K. Lee, AICP, Director of Community Development Recommendation: 1. Adopt Resolution CC 2022-136, authorizing the grant application, accepting $5,377,020 in grant funds, and authorizing the City Manager to execute the acceptance and implementation of grant funds from the State of California Budget Act of 2021 (SB 129) for the Covina Metrolink Library Center at the Covina Recreation Village Project, and designating the City Manager as the Authorized Representative for purposes of executing the grant agreement and related documents; and

2. Adopt Resolution CC 2022-137, amending the Fiscal Year 2022-2023 Operating Budget to accept $5,377,020 from the State of California Budget Act of 2021 (SB 129) and appropriating the funds to accounts 4600-3900-42190-P2202 and 4600- 3900-55100-P2202 and appropriate $2,688,510 for the required local match from Measure CC funds for the purpose of Construction for the Covina Metrolink Library Center at the Covina Recreation Village Project.

EXECUTIVE SUMMARY:

BACKGROUND:

July 12, 2021, Governor Gavin Newsom approved SB 129, which amended the State of California Budget Act of 2021 and included additional appropriations to cities for designated projects. The Budget Act of 2021 (SB 129) allocated $439 million in one-time funds to the California State Library, Building Forward: Library Infrastructure Grant Program. The program prioritizes funding for local library facilities for the following: 1. Projects addressing library facility life safety and other critical maintenance needs, 2. Projects for library facilities serving high poverty areas of the State.

Per the State of California Budget Act of 2021, there is a dollar-for-dollar match requirement. However, the State can reduce the amount of the required matching funds if the City can demonstrate that it is eligible and financially unable to provide the required matching funds. The City submitted the match reduction request on August 17, 2022, indicating the City's Local Income Per Capita (LIPC) levels were $18.23. The acceptance range for a 50% reduction was between a level of $40.00 and $15.01, thus qualifying the City. Upon the State Library's receipt and assessment of the request, the City was notified of the approval for the lower match request and the local match requirement was reduced by half.

The City Community Development Department staff worked with a grant writing consultant, Evan Brooks Associates, Inc., to prepare an application for the California State Library, Building Forward: Library Infrastructure Grant Program. The application requested funding for rehabilitation and reuse of the former Vita Pakt warehouse structure to a Library facility for the Covina Recreation Village Project. On September 12, 2022, the City received a letter from the Office of the California State Library informing the City that the Covina Metrolink Library Center at the Covina Recreation Village Project had been selected to receive $5,377,020 in grant funding through the California State Library, Building Forward: Library Infrastructure Grant Program. This grant will finance the interior fixturing and build-out of the library facility.

DISCUSSION:

This funding is administered by the Library Development Services Bureau of the State Library, whom the City is working with to submit the Supporting Documents (Attachment A). One component of the Supporting Documents is a resolution of the Council approving the application for grant funds, accepting the grant funds, and designating the City Manager as the Authorized Representative, which is being brought for your consideration today. These actions will allow the City to accept the funds and being using the funding. Funding through the State Library Infrastructure Grant Program will be used to pay for the construction of the Covina Library Center. Funds will be allocated, and accounts will be established in Resolution CC 2022-137. Once the supporting documents are approved and the Resolution is adopted, staff will submit all required documentation to the State Library. Once the State Library approves the documentation, the City will receive $2,688,510 of the award. The remaining funds will be made available following the City’s completion of the requirements outlined in the Grant Agreement and Certificate of Compliance document included in the award packet.

FISCAL IMPACT:

The City of Covina will receive $5,377,020 in grant funding, with a 50% local match requirement of $2,688,510, which totals to $8,065,530 for the Building Forward, Library Infrastructure Grant. Pursuant to the requirements of the matching funds, funding from other grant sources as a match grant is allowable but may not include grants provided by the State. At this time, the State Library is requesting from the City, a letter confirming the availability of matching funds for the Covina Metrolink Library Center. The City’s Measure CC sales tax funds will be used as a local match.

Resolution CC 2022-137 will establish and appropriate the budget into the corresponding revenue and expenditure accounts and amend the Capital Improvement Project budget by transferring an additional $2,688,510 from available Measure CC funds to the Covina Recreation Village Project accounts for the library as listed in the Resolution.

CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):

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

ATTACHMENTS:

Attachment A - Supporting Documents
Attachment B - Resolution CC 2022-136
Attachment C - Resolution CC 2022-137
Respectfully submitted,

Page 2 of 22 ends

Page 3 of 22 ends

Supporting Document
Grant # BF-1-21-016
Project: Covina MetrolinkLibrary Center

Page 4 of 22 ends

Building Forward Library Infrastructure Grant Program
Implementation Plan
Part 1: Project
Grant Number: BF-l-2i—Oi6
Organizationzlcityof Covina
Library Jurisdiction: Covina Public Library
Library Facility: New Library Building
Project Title: Covina Metrolink Library Center
Part 2: Activities/Timellne
Using the table below, detail the major project activities or key milestones and when they willoccur. Provide detail only for activities funded by the grant and matching funds.

Note: Allgrant activities must be completed within the grant period, beginning upon execution of the grant agreement and concluding by March 3 l, 2026. . . Month Started Momh completed Activity lli?lect from dropdawn (Select from dropdown "Sn Upgrade building foundation system with Jun 2023 Mar 2026 reinforcement bracing
Installstructural roof support to support
larger HVAC system for new regional Jun 2023 Mar 2026
cooling center.

Install new roofing materials _
Jun 2023 Mar 2026
New energy efficient HVAC system—to
replace aging system with capacity for Mar 2026
cooling center. Jun 2023
Install seismic reinforcement, support and
bracing. _ Jun 2023
Mar 2026
EL‘i2”+’J‘;i’$3§/Z§:i2$‘i’S”,;“;lZ"Xfgll?ng W026
Jun 2023
s“o‘iXi’;‘ZiT$i§,Z§2li§'y“Sc"?;i;1{°g3i;T{;;g W026
Jun 2023
New/replace existing au ' ..iated glass
doors with safety/energy compliant Mar 2026
glazing Jun 2023
Demo and reconstruct the entrance
area to ADA compliant doorway. ramps Mar 2026
and hand railings Jun 2023
Remodel/expand the existing restrooms
to be ADA compliant accessibility Jun 2023
M“ 2°26
Building Forward Library Page 5 of 22 Infrastructure Grant Program 1 of 2 Install Circulation/Front Desk to be fully
ADA compliant
Install new fire suppression system to
include new fire and CO detection,
replace sprinklers and upgrade
emergency exits and fire doors.

Jun 2023
Jun 2023
Mar 2026
Mar 2026
Remodel main floor lsawcutconcrete) to
realign electrical/ITsen/ice for enhanced
telecommunications system and library
wifi enabled computer workstations.

Jun 2023
Mar 2026
,__Upgrade/installation of security system
infrastructure, including cameras,
emergency lighting, and lighted
way?nding signage Jun 2023
Mar 2026
Install air circulation and ?ltration system Jun 2023
Mar 2026
u:
. E
.. .

Installation of ADA compliant book
stacks.

Jun 2023
Jun 2023
Mar 2026
Mar 2026
CASP Review __
Jun 2023 Mar 2026
Install and upgrade operr"‘.,. ..... wnc
emergency lighting Jun 2023
MOI’2026
Remove remaining asbesto. in ce .ng
and roofing materials Jun 2023
Mar 2026
Replace galvanized plumbing to copper
piping for water and sewer systems Jun 2023
Mar 2026
Construction Management (12%) Jun 202? Mar 2026
Building Forward Library Page 6 of 22 Infrastructure Grant Program 2of2 Building Forward Library lnfrasiruciure Grant Program
Project Budget
Part 1: Pro eci
Grant Number:

Organization:

Library Jurisdiction:

Library Facility:

Approved Match Reduc?on: Seieci from drop awn Ii .

Building Forward Library Infrastructure Grant Program Page 7 of 22 1 of 11 Part 2: Project Outputs
Listall approved outputs from your Intent to Fund letter and related tangible pans of your proiect.

Include only costs that willbe funded by the Building Forward Grant and local matching funds. Ifyou have questions about what outputs or activities may be included, please refer to your Intent to Fund letter and the Listof Unallawable Costs.

Project outputs Includes
:1/Fztger?qde bundmg foundohon Upgrade to uppo Install relntorcement bracing Installstructural roof support to
support larger HVAC system for
new regional cooling center.

Upgrade to upport larger HVAC system for regional cooling ctr Installnew roofing materials Replace aging cooling system with capacity for cooling ctr New energy efficient HVAC
system-to replace aging system
with capacity for cooling center.

Replace aging HVAC with new to accommodate cooling ctr
Installseismic reinforcement,
support and bracing.

Reconstruct with eathquake safety improvements per State New/replace existing windows
with safety glass/energy
compliant glazing
Replace V\?|'tdOVVS with energy compliant glazing
New/replace existing glass doors
with safety glass/energy
compliant glazing
Replace glass door Y ens '_ , comp mt glazing
New/replace existing automated
glass doors with safety/energy
compliant glazing
I. ttall r :w r. Jtomated glass doors with energy compliant doors Demo and reconstruct the
entrance area to ADA compliant
doorway, ramps and hand
railings
ADA access features are currently non—comp|iant
Remodel/expand the existing
restrooms to be ADA compliant
accessibility
ADA nrcess fentilres are ciirrranily non-compliant
InstallCirculation/FrontDesk to
be fully ADA compliant
Install ADA accessible library services throughout the library Install new fire suppression system
to include new fire and CO
detection, replace sprinklers and
upgrade emergency exits and
fire doors.

Installtire/CO detection, sprinklers, fire doors, per State rules.

Remodel main floor (sawcut
concrete) to realign electrical/IT
service for enhanced
telecommunications system and
library wifi enabled computer
workstations.

Install modern ITsystems forwifi/telecom systems/workstations upgruuc/Inblulluilurlul secuillr Install security cameras, emergency lighting/waytinding signage ‘
‘ ‘
‘ I -43.94:

I tll ' ' It’ df‘| t’ . . . . . . Sr;/Ztzmon Clrcu 0 Ion on ma Ion install ourcirculation/filtrationsystem for Improved health/safety Building Forward Library Infrastructure Page 8 of 22 Grant Program 2of11 Install emergency generator
sufficient size to support facility
and cooling center
Install emergency generator sufficient to support cooling center Installation of ADA compliant
book stacks. Provide persons with disabilities with ADA compliant shelvings CASP Review Final building access plans reviewed by State approved CASP lnstall and upgrade operational
and emergency lighting
Provide persons with disabilities with ADA compliant shelvings Remove remaining asbestos in
ceiling and roofing materials Remove all asbestos including ceiling, flooring, roofing and walls Replace galvanized plumbing to
copper piping for water and
sewer systems
Remove/replace aging plumbing with copper/plastic piping Construction Management (12%) Applied 12% for each Major Outputs. Construction only.

Building Fonlvard Library Infrastructure Page 9 of 22 Grant Program 3of11 Part 3: Administrative Costs
Enter any project or grant administration costs that will be incurred. Administrative costs are limited 10% of the grand total. Costs must be split between grant and local required match at the rate approved in the Intent to Fund letter.

Please refer to grant documentation to determine whether a cost is allowed under this grant.

Administrative Costs are directly related to administration of grant and local matchina '.mds. The Cost Detail should include the FTEand hourly rates for staff working on the grant. local Match Tot; ‘ Cost Deall
$199 50.
-— — - » ~—_ 549 ‘:0!1
Bulldlng Forward
TotalAdministrativeCosts’ ”
'
' $249,750 $749,250
Building Forward Library Infrastructure Grant Program Page 10 of 22 4 of 11 Part 4: Salar1es/Wages/ Benefits
Salaries/Wages/Benefits should represent costs, such as those associated with internal staff performing project related work. Thismay include public works staff providing direct project work, internal planning, project management, etc. Costs included in this section should represent salaries, wages, and benefits paid directly by your organization; employment related costs paid by any contractor or subrecipient should be listed in part 5 as applicable. Staff time devoted to the award or grant funds should be listed in part 3.

Major Outputs Building Forward Local Match Total Cost Detail Upgrade building foundation $83,334 $250,001 Installation costs, inspection, and system $166,667 permitting.

Install structural roof support to $166,500 $499,500 installation costs, inspection, and support larger HVAC system for permitting.
new regional cooling center.
$333,000
Install new roofing materials $66,600 $199,800 New roof taring, drip edge, and materials related to repair of damange
$133,200 form prior roof leaks.

New energy efficient HVAC $266,400 $799,200 Installationcosts, inspection, and system~to replace aging system permitting.
with capacity for coonng center.
$532,800 .

Install seismic reinforcement, $6 ’,600 ' $199,800 Retro?t and construction costs. support and bracing. c- an 200
New/replace existing windows .,?9.900r $299,700 Retrofitand construction costs. with safety glass/energy
compliant glazing
$199,800
New/replace existing glass doors $66,600 $199,800 Retrofitand construction costs. with safety glass/energy
compliant glazing
$133,200
New/replace existing automated $66,600 $199,800 Retrofitand construction costs. glass doors with safety/energy
compliant glazing
$133,200
Demo and reconstruct the $66,600 $199,800 Retrofit and construction costs. entrance area to ADA compliant
doorway, ramps and hand
rail'n' 9s 5133200 I:__ . I Remodel/expand the existing $83,250 $249,750 Retrofitand construction costs. restrooms to be ADA compliant
accessibility $166,500
Install Circulation/Front Desk to $66,600 . $199,800 construction Costs. be fully ADA compliant $133,200
Install new fire suppression system ~233,000 \ $699,000 Construction/Fabrication/Installaiion. to include new fire and CO "
detection, replace sprinklers and
upgrade emergency exits and
fire doors.
$46 .000
Remodel main floor (sawcut $67,000 $201,000 Installationcosts. concrete) to realign eiecmcoi/11
service for enhanced
telecommunications system and
library wifi enabled computer
workstations.
$134,000
Building Forward Library Infrastructure Page 11 of 22 Grant Program 5of11 Upgrade/installation of security $66,600 $199,800
system infrastructure. including
cameras, emergency lighting,
and lighted wayfinding signage
install air circulation and filtration $33,100 $99,300
system
Install emergency generator $166,467 $499,400
sufficient size to support facility
and cooling center
installation of ADAcompliant $133,167 $399,500
book stacks.

CASP Review $16,650 $49,950
install and upgrade operational $99,900 $299,700
and emergency lighting
Remove remaining asbestos in $33,300 $99,900
ceiling and roo?ng materials
Replace galvanized plumbing to $66,500 $199,500
copper piping for water and
sewer systems
Construction Management (12%) $223,094 $669,281
$0 $0
$0 $0
Total Salaries/Wages/Bene?ts $4,475,520 $2,237,760 $6,713,280 Building Forward Library Infrastructure Grant Program Page 12 of 22 6of11 Part 5: Consultant/ContractorFees
Consultant/Contractorfees are costs related to external contractors, subrecipients, organizations, providing services, general contracting, planning, design, construction/project management, inspections, reviews, and other services required to accomplish outputs.

Major Outputs Building Forward Local Match Total Cost Detail Upgrade building foundation
system
Installstructural roof support to
support larger HVAC system for
new regional cooling center.
$0 $0
$0
Install new roofing materials $0 $0
New energy efficient HVAC
system-to replace aging system
with capacity for cooling center.
$0
Installseismic reinforcement,
support and bracing.
$0 $0
New/replace existing windows
with safety glass/energy
compliant glazing
$0 $0
New/replace existing glass doors
with safety glass/energy
compliant glazing
$0 $0
New/replace existing automated
glass doors with safety/energy
compliant glazing
$0 $0
Demo and reconstruct the
entrance area to ADA compliant
doorway, ramps and hand
railings
$0 $0
Remodel/expand the existing
restrooms to be ADA compliant
accessibility
$0 $0
InstallCirculation/FrontDesk to
be fully ADA compliant
$0 $0
Install new fire suppression system
to include new fire and CO
detection, replace sprinklers and
upgrade emergency exits and
fire doors.
$0 $0
Remodel main floor (sawcut
concrete) to realign electrical/IT
service for enhanced
telecommunications system and
library wlfi enabled computer
workstations.
$0 $0
Upgrade/installation of security
system infrastructure, including
cameras, emergency lighting,
and lighted waytinding signage
$0 $0
Building Forward Library Infrastructure Page 13 of 22 Grant Program 7of11 Install air circulation and filtration
system
Install emergency generator
sufficient size to support facility
and cooling center
Installation of ADA compliant
book stacks‘
CASPReview
Install and upgrade operational
and emergency lighting
Remove remaining asbestos in
ceiling and roo?ng materials
Replace galvanized plumbing to
copper piping for water and
sewer systems
Construction Management (12%)
Total Consultant Fees
Building Forward Library Infrastructure Page 14 of 22 Grant Program 8 of 11 Part 6: Supplies/Materials/Equipment
Supplies/Muterials/Equipment are costs for necessary supplies, materials, or equipment required to complete the project outputs. Thismay include equipment, building materials, tools, and related costs.

Major Outputs Bulldlng Forward Local Match Total Cost Detail Upgrade building foundation $0 $0
system
Installstructural roof support to $0 $0
support larger HVAC system for
new regional cooling center.

Install new roofing materials $0 $0
New energy efficient HVAC $0 3’
system—toreplace aging system
with capacity for cooling center.

Install seismic reinforcement, *’ 1
~ 30
support and bracing, L
l
New/replace existing windows 50 $0
with safety glass/energy
compliant glazing
New/replace existing glass doors $0 $0
with safety glass/energy
compliant glazing
New/replace existing automated $0 $0
glass doors with safety/energy
compliant glazing
Demo and reconstruct the $0 $0
entrance area to ADA compliant
doorway, ramps and hand
railings
Remodel/expand the existing $0 $0
restrooms to be ADA compliant
accessibility
install Circulation/Front Desk to $0 $0
be fully ADA compliant
Install new fire suppression system $0 $0
to include new fire and CO
detection, replace sprinklers and
upgrade emergency exits and
fire doors.

Remodel main floor [sawcut $0 $0
concrete) to realign electrical/IT
service for enhanced
telecommunications system and
library wi? enabled computer
workstations.

Upgrade/installation of security $0 $0
system infrastructure, including
cameras, emergency lighting,
and lighted wayfinding signage
Building Forward Library Infrastructure Grant Program Page 15 of 22 9 of 11 lnstall air circulation and filtration
system
Install emergency generator
sufficient size to support facility
and cooling center
Installation of ADAcompliant
book stacks.

CASP Review
Install and upgrade operational
and emergency lighting
Remove remaining asbestos in
ceiling and roofing materials
Replace galvanized plumbing to
copper piping for water and
sewer systems
Construction Management (12%)
Total supplies] Materials
Building Forward Library Infrastructure Grant Program Page 16 of 22 10 of 11 Part 7: Contingency
Conlingency islimited 10%of the subtotal. Costs must be split berween gramand local required mulch at lhe rote approved in the Intent to Fund letter.
lfem Grant Funded Malch Funded Tolal
Contingency $201.000 $603,000
Tolal Contingency $402,000 $201.000 $603,000
Pan 8: Totals
Sublolal
Item GIOMFunded Mulch Funded Total
Subtotal $4,975,020 $2,487,5l0 _$L {.530
Grand Total _ _
llem Gronf?indlng Mdic?‘Fundi i, i. .a1ofa|
Etand??l §._377.1-W0 Y 4 ‘E55! ‘ . .

Review Check
Hem Gra?TFundlng I ER -'Fundlng S?lus C?eck
Maximum Administration Costs $537, 7- $268,851 Okay
aximum Conlingency Cosls $497,501 $248,751 okay
Minimum Allowable Match N/A $2,633,510 okay
Building Forward Library Infrastructure Grant Program Page 17 of 22 11 of 11 125 East College Street 0 Covina, California 91723-2199 www.covinaca.gov
Commumry Development Deparlmenl Telephone: (626) 384-5509 Facsimile (626) 384-5448
December 21, 2022
Greg Lucas
California State Librarian, California State Library — Courts Building P.O. Box 942837
Sacramento, CA 94237-0001
SUBJECT: Response to October 19, 2022 Building Forward, Library Infrastructure Grant — COVINA PUBLIC LIBRARY — Covina Metrolink Library Center Award Letter
Dear Mr. Lucas:

Please accept this as a response to your correspondence dated October 19, 2022 which requests a letter from the City of Covina’s Finance Director confirming the availability of matching funds for the Covina Metrolink Library Center provided by the Building Forward, Library Infrastructure Grant.

Pursuant to your letter, I am writing to confirm that the City has suf?cient funds available for the 50% required local match contribution for the grant. The Covina City Council has appropriated the City’s Measure CC sales tax funds as a local match as detailed in Resolution CC 2022-137 attached hereto for your reference. Per the matching funding requirements, Measure CC is not a funding source derived from the State, therefore meeting the allowable local match contribution for the project.

Should you have any questions or require further veri?cation of the above-mentionedfunds, please feel free to contact me at (626) 384-5516 or [email protected].

Sincerely,
4 V /
I .
/7 .

Anita Agrarnonte
Director of Administrative Services
./——>
L1,; _,
,
—
'

CITY OF COVINA

Page 18 of 22 ends

RESOLUTION CC 2022-136

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

CALIFORNIA, APPROVING THE APPLICATION FOR GRANT FUNDS
FROM THE STATE OF CALIFORNIA BUDGET ACT OF 2021 (SB 129)

FOR THE COVINA METROLINK LIBRARY CENTER AT THE COVINA

RECREATION VILLAGE PROJECT, AND APPROVING THE

SUBMISSION OF THE SUPPORTING DOCUMENTS, AND

AUTHORIZING THE CITY MANAGER TO EXECUTE THE GRANT

AGREEMENT AND ALL RELATED DOCUMENTS, AND DESIGNATING

THE CITY MANAGER AS THE AUTHORIZED REPRESENTATIVE
WHEREAS, the Legislature and Governor of the State of California have provided funds for the program project shown above; and
WHEREAS, the California State Library has been delegated the responsibility for the administration of this grant program, establishing necessary procedures; and WHEREAS, said procedures established by the California State Library require a resolution certifying the approval by the potential grantee’s governing board either before submission of said application(s) to the State or prior to execution of the grant agreement; and WHEREAS, the City of Covina, if selected, will enter into an agreement with the State of California to carry out the project; and
WHEREAS, the City of Covina proposes to implement Covina Metrolink Library Center; and
WHEREAS, the City of Covina has the legal authority and is authorized to enter into a funding agreement with the State of California; and
WHEREAS, the City of Covina intends to apply for grant funding from the California State Library for the Covina Metrolink Library Center.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COVINA,

CALIFORNIA, WITH ACKNOWLEDGEMENT OF COVINA PUBLIC LIBRARY, DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. That pursuant and subject to all of the terms and provisions of the California Budget Act of 2021, the City of Covina, City Manager, or designee is hereby authorized and directed to prepare and file an application for funding with the California State Library, and take such other actions necessary or appropriate to obtain grant funding.

SECTION 2. The City of Covina, City Manager, or designee is hereby authorized and directed to execute the funding agreement with the California State Library and any amendments thereto.

Page 19 of 22 ends

Resolution CC 2022-136 Page 2 of 2
SECTION 3. The City of Covina, City Manager, or designee is hereby authorized and directed to submit any required documents, funding requests, and reports required to obtain grant funding.

SECTION 4. Certifies that the project will comply with any laws and regulations including, but not limited to, the California Environmental Quality Act (CEQA), legal requirements for building codes, health and safety codes, the California Labor Code, disabled access laws, and, that prior to commencement of the project, all applicable permits will have been obtained; and,
APPROVED and PASSED this 20th day of December, 2022.

City of Covina, California
BY:

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

CERTIFICATION
I, Fabian Velez, Deputy City Clerk of the City of Covina, do hereby certify that Resolution CC 2022-136 was duly adopted by the City Council of the City of Covina at a regular meeting held on the 20th day of December, 2022, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Dated:
_________________________________________
FABIAN VELEZ, Deputy City Clerk

Page 20 of 22 ends

RESOLUTION CC 2022-137

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COVINA, CALIFORNIA, AMENDING THE FISCAL YEAR 2022-2023 OPERATING BUDGET TO ACCEPT $5,377,020 FROM THE STATE OF CALIFORNIA BUDGET ACT OF 2021 (SB 129) AND APPROPRIATING THE FUNDS TO ACCOUNTS 4600-3900-42190-P2202 AND 4600-3900-55100-P2202 AND APPROPRIATE $2,688,510 FOR THE REQUIRED LOCAL MATCH

FROM MEASURE CC FUNDS FOR THE PURPOSE OF CONSTRUCTION

FOR THE COVINA METROLINK LIBRARY CENTER AT THE COVINA

RECREATION VILLAGE PROJECT
WHEREAS, the City of Covina is a municipal corporation duly organized and existing pursuant to the Constitution and laws of the State of California; and WHEREAS, the budget for the City of Covina for fiscal year commencing July 1, 2022 and ending June 30, 2023 was approved on May 17, 2022; and WHEREAS, the approved budget is in accordance with all applicable ordinances of the City and all applicable statutes of the State; and
WHEREAS, on occasion, the City Council will deem it necessary to amend the Operating Budget to create a new budget allocation in order to facilitate a project the City Council deems necessary and important; and
WHEREAS, those amendments (allocations) to the Budget shall be by approval and memorialized by Resolution of the City Council; and
WHEREAS, the Covina City Council wishes to establish a new Budget allocation in order to facilitate the acceptance and allocation of $5,377,020 in funds from the State of California Budget Act of 2021 (SB129); and
WHEREAS, the City of Covina shall appropriate funds from Measure CC Funds as a local match of construction for the Covina Library Center at the Covina Recreation Village Project.

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

SECTION 1. The Fiscal Year 2022-23 Operating Budget shall be amended and shall establish the necessary accounts as follows:

Account Number Account Title Increase Amended Budget
4600-3900-42190-P2202
Parks CIP-Library ServicesOther State Grants-Recreation Village Project $5,377,020 $5,377,020
46003900-55100-P2202
Parks CIP-Library ServicesBuildings and StructuresRecreation Village Project $ 8,065,530 $ 8,065,530

Page 21 of 22 ends

Resolution CC 2022-137 Page 2 of 2
10950000-59140-P2202
Measure CC-Transfer OutCapital Projects-Covina
Recreation Village $2,688,510 $2,688,510
46003900-49110-P2202
Parks CIP-Library ServicesTransfer In from General Fund – Covina Recreation Village $2,688,510 $2,688,510
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 20th day of December, 2022.

City of Covina, California
BY:

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

CERTIFICATION
I, Fabian Velez, Deputy City Clerk of the City of Covina, do hereby certify that Resolution CC 2022-137 was duly adopted by the City Council of the City of Covina at a regular meeting held on the 20th day of December, 2022, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Dated:
_________________________________________
FABIAN VELEZ, Deputy City Clerk

Page 22 of 22 ends

CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. CC 17
Meeting: CC Regular Meeting - Dec 20 2022
Title: Side Letter Agreement between the City of Covina and AFSCME To Provide Reimbursement for Obtaining a Class A Commercial Driver's License and to Revise the Minimum Compensated Hours for Call Back Pay for Public Works Employees and Revise the Job Classifications for Maintenance Worker I and Water Distribution Operator I
Presented By: Andy Bullington, Director of Public Works Anita Agramonte, Director of Administrative Services
Suzanne Stone, Human Resources Manager
Recommendation: 1. Approve a Side Letter Agreement between the City of Covina and AFSCME to revise the current AFSCME MOU, ARTICLE 11- STANDBY AND CALL BACK, SECTION 11.2- CALL BACK PAY, to reflect the current practice of providing a minimum of three (3) hours of overtime pay and ARTICLE 21.

EDUCATIONAL REIMBURSEMENT PROGRAM, SECTION 21.6
LICENSES AND CERTIFICATES, to provide reimbursement to employees in the entry-level job classifications of Maintenance Worker I (MWI) and Water Distribution Operator I (WDOI) for their out-of-pocket costs related to driving courses and Department of Motor Vehicles (DMV) fees to obtain a Class A commercial license, and also eliminate the requirement to have a Class A Commercial driver's license at time of appointment. The language specifying travel time will be removed. The Side Letter Agreement is attached hereto as Attachment A; and

2. Approve Resolution CC 2022-142 to revise the job classification specifications for Maintenance Worker I and Water Distribution Operator I to eliminate the unnecessary requirement to possess and maintain a Class A commercial driver's license. Resolution CC 2022-142 is attached hereto as Attachment B.

EXECUTIVE SUMMARY / BACKROUND:

On July 6, 2021, the City Council approved a Memorandum of Understanding (MOU) between the City of Covina and AFSCME. On June 21, 2022, the City Council approved Resolution CC 2022-60, which included establishing a new job description of Maintenance Worker I and revising the job description for Water Distribution Operator I. The job descriptions for both job classifications include a requirement that incumbents must possess at time of appointment, and maintain throughout employment, a valid Class A Commercial driver's license with tanker and airbrake endorsements. This requirement is unnecessary for incumbents to perform the essential functions of their jobs. This has created unexpected obstacles for recruitment and retention and the City and AFSCME now desire to eliminate the Class A Commercial driver's license requirement for MWI and WDO I incumbents.

To support current employees in the entry-level positions of MWI and WDO I who wish to obtain their Class A commercial license in order to be eligible to promote to the MWII or WDO II positions, the City and AFSCME desire to revise the current AFSCME MOU to establish a process for reimbursing employees for the increased cost to train and then obtain a Class A commercial license. The new process will provide employees with reimbursement of up to $5,000.00 for related out-of-pocket expenses with receipts and valid documentation.

The City and AFSCME also recognized the MOU language under ARTICLE 11- STANDBY AND CALL BACK, SECTION 11.2- CALL BACK PAY, does not reflect the current or past practice of providing a minimum of three (3) hours of overtime pay, regardless of travel time. The City and AFSCME wish to maintain the current practice and ensure the language in the MOU is accurate.

DISCUSSION:

Over the years, the City has experienced difficulty in retaining employees after they obtained a Class A commercial license for which they received in-house training from the City. Employees would obtain their Class A commercial driver's license are more marketable for better-paying jobs and several incumbents have resigned from the City once they obtained the licensing.

Impacting the City's ability to successfully recruit and retain incumbents, the state has recently changed the requirements for qualifying for a Class A commercial license where individuals must now complete an extensive formal driver's training course with an independent driving school in order to become eligible to take the driving test with the DMV. This change has increased the difficulty for individuals to obtain a Class A license, which has subsequently decreased the pool of potential incumbents for the City when recruiting to fill these entry-level positions.

By revising the requirements for the MW I and WDO I job descriptions where incumbent are required to only have a Class C driver's license at time of appointment and will be reimbursed the cost of obtaining a Class A Commercial driver's license with tanker and airbrake endorsements, the potential employee pool increases significantly. It was also determined that incumbents in the MWI and WDO I classifications do not need to drive commercial vehicles. However, incumbents who have the desire to promote to a MW II or WDO II would have to have the Class A driver's license at the time of appointment. The City is willing to reimburse employees for the cost as this higher-level licensing will benefit the City.

The current cost to train and take the test for the Class A driver's license is between $4,000 to $5,000. The City will gradually reimburse active employees over a two-year period for expenses that are verified with receipts and not to exceed $5,000. The gradual reimbursement, beginning with $1,000 at the time the license is received will allow the City to retain qualified individuals and benefit from investing in this extensive formal training.

Provisions are included where an employee who separates from employment will only receive a prorated amount.

Also, employees who incur additional costs because they failed the test or let the process lapse will not be reimburse for the additional costs.

Regarding Call Back Pay, the current MOU states in relevant part:

Employees who are called back to work following the completion of their regular work shift and departure from their place of employment will receive a minimum of two (2) hours of overtime pay. For timekeeping purposes the two (2) hour minimum may include up to thirty (30) minutes of travel time in each direction.

Callback Pay and the two (2) hour minimum shall not be paid for routine work done as a continuation of the workday, or for planned work scheduled in advance with the employee, or for work scheduled on a holiday (as defined in Articles 25.1, 25.2 and 25.3) in advance with the employee.

Current and past practice has been that employees are paid a minimum of three (3) hours of overtime when called back to work, regardless of travel. Therefore, the City and AFSCME desire a change to the MOU language to accurately reflect the practice of paying a minimum of three (3) hours of overtime pay regardless of travel.

FISCAL IMPACT:

Page 2 of 18 ends

Providing a gradual reimbursement to employees for expenses incurred to obtain a Class A commercial license over a two-year period will alleviate the costs to the City and allow it to recognize the benefit of reimbursing incumbents for out-of-pocket expenses through retention. The total cost is dependent upon the number of employees who take advantage of the opportunity. The City estimates two to four reimbursements will be submitted annually, with a maximum initial cost of $4,000. The second reimbursement would be incurred one year later ($1,500 for each reimbursement request), and the final amount would be incurred two years later ($2,500 maximum for each reimbursement request). The Public Works Department's training budget has funds available to cover costs this fiscal year. Any increase will be requested at Mid-year and will be included in future budgets.

CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):

Not applicable.

ATTACHMENTS:

Attachment A - Side Letter
Attachment B - Resolution CC 2022-142
Respectfully submitted,

Page 3 of 18 ends

Page 4 of 18 ends

! "

#$%&

'

()*+,-./01.23,(*+45(-).+673)8.6.5*9)4:)(6
/01;-+,.58.8(52,.)*+<+,(*.8

=

#>

?

@!AAA B

?

C
#D

?

=

C
#D

F
CDG

CD=

? $

HI

?

=

$

HII>

%JE
IKIKLD
MM
CDC&NIKLO$D%P$OKE

E

?

@AAA

?

$
Q
F
C$QG
=

CD

?

O
B

CD I

CD O

O

?=

A

?

CD E

Page 5 of 18 ends

Page 6 of 18 ends

Page 7 of 18 ends

RESOLUTION CC 2022-142

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

CALIFORNIA, AMENDING THE AMERICAN FEDERATION OF
STATE, COUNTY AND MUNICIPAL EMPLOYEES, LOCAL 3325
AFFILIATED WITH AFSCME DISTRICT COUNCIL 36 JOB

CLASSIFICATIONS FOR MAINTENANCE WORKER I AND WATER

DISTRIBUTION OPERATOR I
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 Public Works and Human Resources Departments desire to amend the job classifications of Maintenance Worker I and Water Distribution Operator I to remove the requirement to possess at time of appointment and maintain a Class A commercial driver’s license with tanker and airbrake endorsements. The job descriptions for these positions are attached to this Resolution as Exhibit A. The AFSCME Salary Schedules are not affected by these changes.

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 amendments as follows:

A. Effective December 20, 2022, the classifications of Maintenance Worker I and Water Distribution Operator I shall be revised to remove the requirement to possess at time of appointment and maintain a Class A commercial driver’s license with tanker and airbrake endorsements.

B. The respective job descriptions are attached hereto as Exhibit A.

SECTION 2. The City Council does hereby repeal all prior resolutions or portions thereof, in conflict with this resolution.

SECTION 3. The City Clerk shall certify to the passage and adoption of this resolution and the same shall thereupon take effect and is in force.

APPROVED and PASSED this 20th day of December, 2022.

City of Covina, California
BY:

PATRICIA CORTEZ, Mayor

Page 8 of 18 ends

Resolution CC 2022-142 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 2022-142 was duly adopted by the City Council of the City of Covina at a regular meeting held on the 20th day of December, 2022, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Dated:
_________________________________________
FABIAN VELEZ, Deputy City Clerk

Page 9 of 18 ends

CITY OF COVINA

MAINTENANCE WORKER I
Assignments:

Streets and Tree Maintenance;
Hardscape and Special Projects;
and Sewer Maintenance
DEFINITION:

Under general supervision, performs a variety of unskilled routine or semi-skilled maintenance work, and operates a variety of equipment in the construction, repair, maintenance, and replacement of City infrastructure and related systems; operates trucks, equipment, power and hand tools; demonstrates an understanding of all applicable policies, procedures and work methods associated with assigned duties, performs other related duties as required relative to assigned area of responsibility. Incumbents are assigned to one of three areas in the Streets Division: Streets and Tree Maintenance, Hardscape and Special Projects, or Sewer Maintenance and may be rotated through the assignments at the supervisor’s discretion.

DISTINGUISHING CHARACTERISTICS:

The Maintenance Worker I is the entry level position in the Maintenance Worker series. This class is distinguished from the Maintenance Worker II by the performance of the more routine tasks and duties assigned to employees. Since this class is typically an unskilled class, employees may have only limited or no direct related work experience.

The Maintenance Worker II is the journey level class in this series. Advancement to the “II” level is based on demonstrated proficiency in performing the full range of assigned duties, and is at the discretion of higher level supervisory or management staff. Under immediate supervision, incumbents perform the full range of assigned duties to this class. Incumbents in this classification shall be available to work standby or work overtime in accordance with the AFSCME MOU, and respond to after-hours calls as needed. May be assigned to other public works divisions for maintenance work.

Level I (entry): Incumbents may perform many of the duties required of the positions at level II, but are not expected to function at the same skill level and exercise little independent discretion and judgment in matters related to work procedures and methods. Work is closely supervised while in progress and fits an established structure or pattern. Exceptions or changes in procedure are explained in detail as they arise.

Maintenance Worker I is part of a multi-level classification:

Maintenance Worker I
Maintenance Worker II
Maintenance Worker III
SUPERVISION RECEIVED/EXERCISED:

Receives general supervision from higher level operations staff.

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.

Page 10 of 18 ends

Covina City CouncilDecember 20, 2022

Covina City Council
December 20, 2022