Covina City Council
March 19, 2024

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.

18. 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.

19. 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.

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

21. 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.

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

23. 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.

24. 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.

25. 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.

26. 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.

27. 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.

28. 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.

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

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

City:

City of Covina,
a California municipal corporation
By:

Name: Chris Marcarello
Title: City Manager
ATTEST:

By:

Name: Fabian Velez
Title: Chief Deputy City Clerk
Consultant:

West Coast Arborists, 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.)

EXHIBIT A

APPROVED FEE SCHEDULE & SCOPE OF SERVICES

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

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

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

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

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

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

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

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

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

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

ATTACHMENT C
RESOLUTION CC 2024-11

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COVINA, CALIFORNIA, TO AMEND THE FISCAL YEAR 2023/2024 OPERATING

BUDGET AND INCREASE FUNDING FOR THE EMERGENCY

WINGATE PARK TREE REMOVAL AND CREEK REMEDIATION IN
THE AMOUNT OF $49,500 FROM THE GENERAL FUND
WHEREAS, the City of Covina is a municipal corporation duly organized and existing pursuant to the Constitution and laws of the State of California (“City”); and WHEREAS, the Fiscal Year 2024 Operating Budget approved on May 16, 2023; and WHEREAS, the approved Operating Budget in accordance with all applicable ordinances of the City and all applicable statutes of the State; and WHEREAS, the City of Covina wishes to amend the 2023/2024 Operating Budget to appropriate monies from the General Fund for use towards the Emergency Wingate Park Tree Removal and Creek Remediation.

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

SECTION 1. Amend the Fiscal Year 2023/2024 Operating Budget for the Emergency Wingate Park Tree Removal and Creek Remediation.

SECTION 2. Appropriate monies from the General Fund for use towards the Emergency Wingate Park Tree Removal and Creek Remediation. Account number:

Account No. Account
Description
Amount ($) Increase/Decrease
1010-2550-52330 General Fund-Park
MaintenanceLawns/Landscape
$49,500 Increase
SECTION 3. The City Clerk shall certify to the passage and adoption of this resolution and shall enter the same in the Book of Original Resolutions.

APPROVED and PASSED this 19th day of March, 2024.

City of Covina, California
BY:

WALTER ALLEN, III, Mayor

Resolution CC 2024-11 Page 2 of 2
ATTEST:
___________________________________________
FABIAN VELEZ, Chief Deputy City Clerk

CERTIFICATION
I, Fabian Velez, Chief Deputy City Clerk of the City of Covina, do hereby certify that Resolution CC 2024-11 was duly adopted by the City Council of the City of Covina at a regular meeting held on the 19th day of March, 2024, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Dated:
______________________________________
FABIAN VELEZ, Chief Deputy City Clerk

CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. CC 10
Meeting: March 19, 2024
Title: Award of Contract to Waterline Technologies, Inc. for the Replacement of the Training Pool Heater at the Covina Park Aquatic Center
Presented by: Andy Bullington, Director of Public Works Recommendation: Award a contract for the Covina Park Aquatic Center Training Pool Heater Replacement to Waterline Technologies, Inc in the amount of $43,673.22 and authorize the City Manager to execute the contract.

EXECUTIVE SUMMARY:

Covina Park’s Aquatic Center hosts residents of all ages for various events, lessons, recreation, and local school competitions. Due to the high volume of usage, it is necessary to ensure equipment is fully functional and current so as to meet this demand. The heater at the Competition Pool was replaced a few years ago and the useful life of the Training Pool heater has reached the end and now requires replacement as well. With 2024 recreation classes beginning in the Spring, the Department of Public Works is prioritizing completion of the heater replacement to provide improved service year-round at the Aquatic Center.

BACKGROUND:

The existing heater at the Aquatic Center’s Training Pool is approximately 30 years old. The model is no longer energy efficient, resulting in higher energy usage and costs as compared to the newer model at the Competition Pool. Furthermore, replacement parts for the existing unit are difficult and expensive to source. The replacement energy-efficient heater will be consistent with the model at the Competition Pool, alleviating excessive energy costs and the need to special order scarce replacement parts. The approximate useful life of the new heater system is 15 years.

DISCUSSION:

The Department of Public Works requested informal proposals from three companies specializing in the required scope of work. City staff received three (3) proposals as follows:

Rank Consultant Location Cost
1 Waterline Technologies, Inc. Santa Ana, CA $43,673.22 2 Southern California Pools Northridge, CA No Response
3 Caliber Commercial Pools Azusa, CA No Response
Staff reviewed the proposals received as well as the consultants’ background for competency and ability to complete projects in a time-sensitive manner. Staff determined that Waterline Technologies, Inc. is the successful low bidder pursuant to completing similar projects for other public and private agencies.

FISCAL IMPACT:

Sufficient funding is available within the Building Maintenance Fund (Account No. 70206100-52400) as part of the City’s approved Fiscal Year 2023-2024 operating budget.

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.

Respectfully submitted,

ATTACHMENT A

ATTACHMENT B

CITY OF COVINA AGREEMENT FOR

MINOR CONSTRUCTION AND MAINTENANCE SERVICES
This Agreement (“Agreement”) is dated March 19, 2024 (“Effective Date”) and is between the City of Covina, a California municipal corporation (“City”) and Waterline Technologies, 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/provide professional services for the Covina Park Aquatic Center Water Heater Replacement Project.

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 December 31, 2024 unless sooner terminated as provided in Section 14 of this Agreement. In no event shall the contract be extended beyond December 31, 2024.

2. Compensation.

A. Cost of Work. For the Work described in Section 3 of this Agreement, Contractor shall receive the sum of exceed Forty-Three Thousand Six Hundred Seventy-Three Dollars and Twenty-Two Cents ($43,673.22) 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.

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 [Name, Title] (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.

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.

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.

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.

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 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.

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 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.

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 Four Million Dollars ($4,000,000) per project or location.

If Contractor is a limited liability company, the commercial general liability coverage shall be amended so that Contractor and its managers, affiliates, employees, agents and other persons necessary or incidental to its operation are insureds.
2) Automobile Liability Insurance for any owned, non-owned or hired vehicle used in connection with the performance of this Agreement with a combined single limit of Two Million Dollars ($2,000,000) per accident for bodily injury and property damage. If Contractor does not use any owned, non-owned or hired vehicles in the performance of 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 Two Million Dollars ($2,000,000) 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.

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 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.

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: Department of Public Works Attn:

City of Covina Waterline Technologies, Inc.
125 E. College Street 620 Santiago Street
Covina, California 91723 Santa Ana, CA 92701

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

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

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

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

20. Waiver. No delay or omission to exercise any right, power or remedy accruing to 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.

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]

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
ATTEST:

By:

Name: Fabian Velez
Title: Chief Deputy City Clerk
Contractor:

Waterline Technologies, 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.)

EXHIBIT A

SCOPE OF WORK AND PAYMENT SCHEDULE

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

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 ____________________________________

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:

COVINA PARK AQUATIC CENTER WATER HEATER REPLACEMENT
(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

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.

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:

COVINA PARK AQUATIC CENTER WATER HEATER REPLACEMENT
(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

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.

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.

CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. CC 11
Meeting: March 19, 2024
Title: Lease and Ongoing Maintenance of three (3) 2024 Toyota Camry LE Hybrid Vehicles for the Covina Police Department
Presented by: Andy Bullington, Director of Public Works Recommendation: 1. Approve the leasing and ongoing maintenance of three (3) 2024 Toyota Camry LE Hybrid Vehicles allocated for the Covina Police Department for a five-year term in the amount of $103,500; and2. Authorize the City Manager, or their designee, to execute all necessary documents with Enterprise Fleet Management, Inc. using the Sourcewell Competitive Purchasing Program (Contract #06061800-EFM).

EXECUTIVE SUMMARY:

The City’s fleet is comprised of approximately 200 vehicle and equipment units utilized to provide Public Safety, Parks and Recreation and Public Works services citywide. The Department of Public Works’ Fleet Maintenance Division oversees all maintenance, purchasing and greening of the City’s fleet in close cooperation with various City departments. To ensure that the City’s fleet is well-maintained, fuel efficient and safe, City staff relies on a replacement methodology for fleet assets that evaluates specific criteria including useful life, mileage and repair/maintenance history in order to identify vehicle replacement schedules that better suit department needs while complying with the City Council’s green energy goals.

BACKGROUND/DISCUSSION:

In October 2019, the City Council approved the Pilot Vehicle Leasing and Maintenance Program for the City of Covina through Enterprise Fleet Management, Inc. (EFM). Under this program, the City could lease up to four (4) vehicles scheduled for replacement. The pilot program provided the City with the opportunity to evaluate an alternative fleet procurement method that may provide long-term cost savings and additional equity upon resale.

Pursuant to discussions between the Police Department and the Department of Public Works, the lease and ongoing maintenance of three (3) 2024 Toyota Camry LE Hybrid vehicles was the best option for the Police Department’s fleet rather than completing a full replacement of existing vehicles that have reached the end of their useful life. Leasing and maintenance costs for said vehicles are described in the table below and individual quotes for the vehicles are included in Attachment A.

Department Vehicle Vehicle
Cost (Per
Month)
Total First Year Payment
(Lease & Maintenance) (April
2024-June 2024)
Police Department 2024 Toyota Camry LE
Hybrid
$575.00 $1,725.00
Police Department 2024 Toyota Camry LE
Hybrid
$575.00 $1,725.00
Police Department 2024 Toyota Camry LE
Hybrid
$575.00 $1,725.00
FISCAL IMPACT:

Funding for the cost of the vehicle leases and ongoing maintenance will be funded by AB 2766 Subvention Funds and the Central Equipment Fund. Under AB 2766 guidelines, only the lease payment qualifies for funding, the maintenance portion will be funded by the Central Equipment Fund which is approximately $50.00 per vehicle a month. The costs for the lease for all three vehicles for the remainder of FY 2023-2024 is $5,175.00. Sufficient funding is available in account numbers 2500-2600-55550 (lease obligation) and 7010-6010-55550 (maintenance obligation) for FY 2023-2024. Funding in out-years will be appropriated through the AB 2766 Subvention Fund and the Central Equipment Fund within the City’s annual operating budget.

CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):

The proposed action is not a project within the meaning of Section 15378 of the State of California Environmental Quality Act (“CEQA”) Guidelines, because it has no potential for resulting in physical change in the environment, directly or indirectly.

Respectfully submitted,

Prepared For: City of Covina Date 02/16/2024
Bullington, Andy AE/AM ZRJ/AGE
Unit #
Year 2024 Make Toyota Model Camry Hybrid
Series LE 4dr Sedan
Vehicle Order Type In-Stock Term 60 State CA Customer# 552622 $ 30,061.02 Capitalized Price of Vehicle1
$ 0.00 * Sales Tax 0.0000% State CA
$ 435.21 * Initial License Fee
$ 0.00 Registration Fee
$ 125.00 Other: (See Page 2)
$ 6,000.00 * Capitalized Price Reduction
$ 615.00 * Tax on Capitalized Price Reduction
$ 0.00 Gain Applied From Prior Unit
$ 0.00 * Tax on Gain On Prior
$ 0.00 * Security Deposit
$ 0.00 * Tax on Incentive ( Taxable Incentive Total : $0.00 ) All language and acknowledgments contained in the signed quote apply to all vehicles that are ordered under this signed quote.

Order Information
Driver Name
Exterior Color (0 P) Ice Cap
Interior Color (0 I) Black w/Fabric Seat Trim
Lic. Plate Type Exempt
GVWR 0
$ 24,186.02 Total Capitalized Amount (Delivered Price)
$ 326.51 Depreciation Reserve @ 1.3500%
$ 141.86 Monthly Lease Charge (Based on Interest Rate - Subject to a Floor) 2 $ 468.37 Total Monthly Rental Excluding Additional Services Additional Fleet Management
Master Policy Enrollment Fees
$ 0.00 Commercial Automobile Liability Enrollment
Liability Limit $0.00
$ 0.00 Physical Damage Management Comp/Coll Deductible 0 / 0 $ 48.82 Full Maintenance Program 3 Contract Miles 35,000 OverMileage Charge $ 0.0504 Per Mile Incl: # Brake Sets (1 set = 1 Axle) 0 # Tires 0 Loaner Vehicle Not Included $ 48.82 Additional Services SubTotal
$ 48.01 Sales Tax 10.2500% State CA
$ 565.20 Total Monthly Rental Including Additional Services $ 4,595.42 Reduced Book Value at 60 Months
$ 400.00 Service Charge Due at Lease Termination
Quote based on estimated annual mileage of 7,000
(Current market and vehicle conditions may also affect value of vehicle) (Quote is Subject to Customer's Credit Approval)
Notes
Enterprise FM Trust will be the owner of the vehicle covered by this Quote. Enterprise FM Trust (not Enterprise Fleet Management) will be the Lessor of such vehicle under the Master Open - End (Equity) Lease Agreement and shall have all rights and obligations of the Lessor under the Master Open - End (Equity) Lease Agreement with respect to such vehicle.

Lessee must maintain insurance coverage on the vehicle as set forth in Section 11 of the Master Open-End (Equity) Lease Agreement until the vehicle is sold.

ALL TAX AND LICENSE FEES TO BE BILLED TO LESSEE AS THEY OCCUR.

Lessee hereby authorizes this vehicle order, and agrees to lease the vehicle on the terms set forth herein and in the Master Equity Lease Agreement. In the event Lessee fails or refuses to accept delivery of the ordered vehicle, Lessee agrees that Lessor shall have the right to collect damages, including, but not limited to, a $500 disposal fee, interest incurred, and loss of value.

LESSEE City of Covina

BY TITLE DATE
* INDICATES ITEMS TO BE BILLED ON DELIVERY.
1 Capitalized price of vehicle may be adjusted to reflect final manufacturer's invoice, plus a pre delivery interest charge. Lessee hereby assigns to Lessor any manufacturer rebates and/or manufacturer incentives intended for the Lessee, which rebates and/or incentives have been used by Lessor to reduce the capitalized price of the vehicle. 2 Monthly lease charge will be adjusted to reflect the interest rate on the delivery date (subject to a floor). 3 The inclusion herein of references to maintenance fees/services are solely for the administrative convenience of Lessee. Notwithstanding the inclusion of such references in this [Invoice/Schedule/Quote], all such maintenance services are to be performed by Enterprise Fleet Management, Inc., and all such maintenance fees are payable by Lessee solely for the account of Enterprise Fleet Management, Inc., pursuant to that certain separate [Maintenance Agreement] entered into by and between Lessee and Enterprise Fleet Management, Inc.; provided that such maintenance fees are being billed by Enterprise FM Trust, and are payable at the direction of Enterprise FM Trust, solely as an authorized agent for collection on behalf of Enterprise Fleet Management, Inc.

Open-End (Equity) Lease Rate Quote Quote No: 7812246
Printed On 02/16/2024 07:30:54 PM Page 1 of 6

ATTACHMENT A
Other Totals
Description (B)illed or (C)apped Price
Pricing Plan Delivery Charge C $ 125.00
Courtesy Delivery Fee C $ 0.00
Total Other Charges Billed $ 0.00
Total Other Charges Capitalized $ 125.00
Other Charges Total $ 125.00
Open-End (Equity) Lease Rate Quote Quote No: 7812246
Printed On 02/16/2024 07:30:54 PM Page 2 of 6

VEHICLE INFORMATION:
2024 Toyota Camry Hybrid LE 4dr Sedan - US
Series ID: 2559
Pricing Summary:

INVOICE MSRP
Base Vehicle $26,547 $28,855.00
Total Options $1,374.02 $979.00
Destination Charge $1,095.00 $1,095.00
Total Price
SELECTED COLOR:

Exterior: 040-(0 P) Ice Cap
Interior: 20-(0 I) Black w/Fabric Seat Trim
SELECTED OPTIONS:

CODE DESCRIPTION INVOICE MSRP
040_01 (0 P) Ice Cap NC NC
20_01 (0 I) Black w/Fabric Seat Trim NC NC
2T All Weather Floor Liners/Cargo Tray (TMS) $195.00 $299.00 BD Blind Spot Monitor w/Rear Cross Traffic Alert $605.00 $680.00 FA Fabric Seat Trim STD STD
FE 50 State Emissions NC NC
HTDMIR Heated Exterior Mirrors w/Turn Signal Indicators Included Included NATL National Region NC NC
PAINT Monotone Paint Application STD STD
STDEN Engine: 2.5L I-4 DOHC 16-Valve Hybrid STD STD
STDRD Radio: Audio STD STD
STDST Front Bucket Seats STD STD
STDTN Transmission: Electronically Controlled CVT STD STD STDTR Tires: P205/65R16 AS STD STD
STDWL Wheels: 16" x 6.5J Steel STD STD
adj ddadj $574.02 $0.00
$29,016.02 $30,929.00
Open-End (Equity) Lease Rate Quote Quote No: 7812246
Printed On 02/16/2024 07:30:54 PM Page 3 of 6

CONFIGURED FEATURES:

Body Exterior Features:

Number Of Doors 4
Rear Cargo Door Type: trunk
Driver And Passenger Mirror: power remote heated manual folding side-view door mirrors with turn signal indicator Door Handles: body-coloured
Front And Rear Bumpers: body-coloured front and rear bumpers with black rub strip Front Bumper Insert: metal-look front bumper insert
Body Material: galvanized steel/aluminum body material
Grille: black grille
Convenience Features:

Air Conditioning automatic dual-zone front air conditioning Air Filter: air filter
Cruise Control: cruise control with steering wheel controls, Full-Speed Range Dynamic Radar Cruise Control (DRCC) distance pacing Trunk/Hatch/Door Remote Release: power cargo access remote release Fuel Remote Release: power fuel remote release
Power Windows: power windows with front and rear 1-touch down Remote Keyless Entry: keyfob (all doors) remote keyless entry Illuminated Entry: illuminated entry
Integrated Key Remote: integrated key/remote
Auto Locking: auto-locking doors
Passive Entry: Smart Key proximity key
Trunk FOB Controls: keyfob trunk/hatch/door release
Window FOB Controls: remote window controls
Steering Wheel: steering wheel with manual tilting, manual telescoping Day-Night Rearview Mirror: day-night rearview mirror
Driver and Passenger Vanity Mirror: auxiliary driver and passenger-side visor mirrors Emergency SOS: Safety Connect (1-year trial) emergency communication system Front Cupholder: front and rear cupholders
Floor Console: full floor console with covered box
Overhead Console: mini overhead console with storage
Glove Box: illuminated glove box
Driver Door Bin: driver and passenger door bins
Rear Door Bins: rear door bins
Seatback Storage Pockets: 1 seatback storage pockets
Driver Footrest: driver's footrest
Retained Accessory Power: retained accessory power
Power Accessory Outlet: 1 12V DC power outlet
Entertainment Features:
radio SiriusXM AM/FM/Satellite with seek-scan
Radio Data System: radio data system
Voice Activated Radio: voice activated radio
Speed Sensitive Volume: speed-sensitive volume
Steering Wheel Radio Controls: steering-wheel mounted audio controls Speakers: 6 speakers
Internet Access: Wi-Fi Connect with up to 2GB within 3-month trial internet access 1st Row LCD: 2 1st row LCD monitor
Wireless Connectivity: wireless phone connectivity
Antenna: window grid and roof mount antenna
Lighting, Visibility and Instrumentation Features:

Headlamp Type delay-off projector beam LED low beam headlamps Auto-Dimming Headlights: Automatic High Beams (AHB) auto high-beam headlights Front Wipers: variable intermittent wipers
Rear Window Defroster: rear window defroster
Tinted Windows: light-tinted windows
Dome Light: dome light with fade
Front Reading Lights: front reading lights
Printed On 02/16/2024 07:30:54 PM Page 4 of 6

Ignition Switch: ignition switch light
Variable IP Lighting: variable instrument panel lighting Display Type: analog appearance
Exterior Temp: outside-temperature display
Low Tire Pressure Warning: tire specific low-tire-pressure warning Trip Computer: trip computer
Trip Odometer: trip odometer
Lane Departure Warning: lane departure
Blind Spot Sensor: blind spot
Front Pedestrian Braking: front pedestrian detection
Forward Collision Alert: forward collision
Water Temp Gauge: water temp. gauge
Clock: in-dash clock
Systems Monitor: driver information centre
Check Control: redundant digital speedometer
Rear Vision Camera: rear vision camera
Oil Pressure Warning: oil-pressure warning
Battery Warning: battery warning
Lights On Warning: lights-on warning
Key in Ignition Warning: key-in-ignition warning
Low Fuel Warning: low-fuel warning
Low Washer Fluid Warning: low-washer-fluid warning
Bulb Failure Warning: bulb-failure warning
Door Ajar Warning: door-ajar warning
Trunk Ajar Warning: trunk-ajar warning
Brake Fluid Warning: brake-fluid warning
Safety And Security:

ABS four-wheel ABS brakes
Number of ABS Channels: 4 ABS channels
Brake Assistance: brake assist
Brake Type: four-wheel disc brakes
Vented Disc Brakes: front ventilated disc brakes
Daytime Running Lights: daytime running lights
Spare Tire Type: compact spare tire
Spare Tire Mount: spare tire mounted inside under cargo Driver Front Impact Airbag: driver and passenger front-impact airbags Driver Side Airbag: seat-mounted driver and passenger side-impact airbags Overhead Airbag: curtain 1st and 2nd row overhead airbag Knee Airbag: knee airbag
Rear Side Airbag: rear side-impact-impact airbag
Occupancy Sensor: front passenger airbag occupancy sensor Height Adjustable Seatbelts: height adjustable front seatbelts Seatbelt Pretensioners: front and rear seatbelt pre-tensioners 3Point Rear Centre Seatbelt: 3 point rear centre seatbelt Side Impact Bars: side-impact bars
Rear Child Safety Locks: rear child safety locks
Ignition Disable: immobilizer
Security System: security system
Panic Alarm: panic alarm
Electronic Stability: electronic stability
Traction Control: ABS and driveline traction control
Front and Rear Headrests: manual adjustable front head restraints Rear Headrest Control: 3 rear head restraints
Seats And Trim:

Seating Capacity max. seating capacity of 5
Front Bucket Seats: front bucket seats
Number of Driver Seat Adjustments: 8-way driver and passenger seat adjustments Reclining Driver Seat: power reclining driver and manual reclining passenger seats Driver Lumbar: power 2-way driver and passenger lumbar support Printed On 02/16/2024 07:30:54 PM Page 5 of 6

Driver Height Adjustment: power height-adjustable driver and passenger seats Driver Fore/Aft: power driver and passenger fore/aft adjustment Driver Cushion Tilt: power driver and passenger cushion tilt Front Centre Armrest Storage: front centre armrest
Rear Seat Type: rear 60-40 bench seat
Rear Folding Position: rear seat fold-forward seatback
Rear Seat Armrest: rear seat centre armrest
Leather Upholstery: cloth front and rear seat upholstery Headliner Material: full cloth headliner
Floor Covering: full carpet floor covering
Dashboard Console Insert, Door Panel Insert Combination: simulated wood/metal-look instrument panel insert, door panel insert, console insert Shift Knob Trim: urethane shift knob
Floor Mats: rubber front and rear floor mats
Interior Accents: chrome/metal-look interior accents
Cargo Space Trim: carpet cargo space
Trunk Lid: carpet trunk lid/rear cargo door
Cargo Mats: vinyl/rubber cargo mat
Cargo Light: cargo light
Concealed Cargo Storage: concealed cargo storage
Standard Engine:

Engine 208-hp, 2.5-liter I-4 (hybrid regular gas)
Standard Transmission:

Transmission 2-speed CVT w/ OD and auto-manual
Printed On 02/16/2024 07:30:54 PM Page 6 of 6

CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. CC 12
Meeting: March 19, 2024
Title: Award of Contract to Control Air Enterprises LLC for HVAC Repairs at the Covina Senior & Community Center
Presented by: Andy Bullington, Director of Public Works Recommendation: Award a contract for the Covina Senior & Community Center HVAC Repair Project to Control Air Enterprises LLC in the amount of $37,837.00 and authorize the City Manager to execute the contract.

EXECUTIVE SUMMARY/BACKGROUND:

The Department of Public Works recently determined that it is necessary to replace the secondary compressor units that serve the heating ventilation and cooling system (HVAC) at the Covina Senior & Community Center.

Over time, these secondary compressors have begun to experience system failures with the most recent occasion occurring in January of this year – leaving the primary compressors operating without a reliable backup system in place. During this time, the primary units have been placed under unique stress to keep up with the system’s load demand. As such, replacing the secondary units will return the system to its full functionality in advance of the upcoming summer months when the facility serves as a cooling center for the community.

DISCUSSION:

The Department of Public Works requested informal proposals from three (3) HVAC firms specializing in the required scope of work. City staff received the following three proposals:

Rank Consultant Location Cost
1 Control Air Enterprises LLC Anaheim, CA $37,837.00
2 Air On-Time, Co. Covina, CA No Response
3 Air Bree Heating & Air Conditioning La Puente, CA No Response Staff reviewed the proposals received as well as the consultants’ background for competency and ability to complete repairs in a time-sensitive manner. Staff determined that Control Air Enterprises LLC is the successful low bidder pursuant to similar scopes of work completed for other private and public agencies, including the City of Covina.

FISCAL IMPACT:

Sufficient funding is available within the Building Maintenance Fund (Account No. 70206100-52400) as part of the City’s approved Fiscal Year 2023-2024 operating budget.

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.

Respectfully submitted,

PROPOSAL FOR SERVICES:

LG Rooftop Units - Replace Compressors and Inverter Boards COMPANY: CITY OF COVINA - SENIOR & COMMUNITY CENTER
PROJECT: LG Rooftop Units - Replace Compressors and Inverter Boards PROJECT LOCATION: 815 BARRANCA AVE, COVINA, CA 91723
During the recent service visit for your VRF system we found the following; The technician arrived to the VRF condensers and found both Master and Slave in alarm. The tech began troubleshooting the Slave unit and found Circuit 1’s compressor failed. The Master unit was then tested and found Circuit 2’s compressor failed, as well. Currently, the system is operational but at a diminished capacity. We suspect one compressor failed, burnt out, possibly causing the second compressor to fail in the same fashion. This repair does require a sense of urgency so that if there is burnt refrigerant in the system, it does not cause further failures.

As part of this proposal and repair, we will test the refrigerant upon removal. If the refrigerant is found to be burnt, we will flush the system and charge up the unit with 110 pounds of new R-410a refrigerant. New refrigerant is included as a separate cost but only if required.

This repair requires trained LG VRF technicians so the refrigerant charge is calculated and charged correctly. Our proposal does include calculation and weigh-in of refrigerant charge for proper system operations.

All work performed as part of this proposal does include a one-year warranty on all parts and labor, pending proper maintenance performed by Control Air.

Kacey Hurt
Sales Executive
[email protected]
714.777.6111

ATTACHMENT A

SCOPE OF WORK
The following is the Scope of Work for your LG Rooftop Units - Replace Compressors and Inverter Boards
SCOPE OF WORK: ARUM216DTE5 / MASTER
• Pick up materials and report to jobsite.
• Gain access to unit Master.
• Safe off electrical to unit.
• Recover existing refrigerant charge.
• Remove One (1) existing failed compressor, noise filter and inverter board from unit. • Supply and install (1) new OEM compressor, noise filter and inverter board to unit. • Pull vacuum and charge system accordingly with R410a refrigerant. • Start up and verify proper operations.
• Clean up and remove any debris caused by scope.

SCOPE OF WORK: ARUM192DTE5 / SLAVE
• Pick up materials and report to jobsite.
• Gain access to unit Slave.
• Safe off electrical to unit.
• Recover existing refrigerant charge.
• Remove one (1) existing failed compressor, noise filter and inverter board from unit. • Supply and install (1) new OEM compressor, noise filter and inverter board to unit. • Pull vacuum and charge system with R410a refrigerant, accordingly. • Start up and verify proper operations.
• Clean up and remove any debris caused by scope.

Full Mechanical Contracting

CONTROL AIR
a 5200 East La Palma Ave
p 714-777-6111

PROPRIETARY AND CONFIDENTIAL
2 REFRIGERANT COST - if initialed
Total - $17,329.00
Total - $17,771.00
Total - $2,737.00

• All work will be performed during regular working hours and on normal workdays, as outlined in the respective trade union agreements.
• We have included a one (1) year warranty on all new equipment, new materials and associated labor for newly installed systems from the date of final acceptance.

Full Mechanical Contracting

CONTROL AIR
a 5200 East La Palma Ave
p 714-777-6111

PROPRIETARY AND CONFIDENTIAL
3 BASIS OF PRICING

EXCLUSIONS
• Refrigerant is excluded from the total pricing, but is added as a separate choice option.

PROJECT SUMMARY & PRICING
CUSTOMER: CITY OF COVINA - SENIOR & COMMUNITY CENTER
PROJECT: LG Rooftop Units - Replace Compressors and Inverter Boards PROJECT LOCATION: 815 BARRANCA AVE, COVINA, CA 91723
INITIAL _________
INITIAL _________
TOTAL PROJECT PRICING: $35,100.00
OPTION TOTAL INCLUDING REFRIGERANT: $37,837.00
PRICING QUALIFICATION:
• Please see the below terms and conditions for pricing basis • Please see the below list of exclusions for pricing basis PROPOSAL LIFE: This proposal is valid for 30 days as of March 5, 2024.

CUSTOMER ACCEPTANCE:

SIGNATURE

PRINTED NAME
TITLE
DATE
CONTROL AIR ACCEPTANCE:

SIGNATURE

PRINTED NAME
TITLE
DATE
By signing the signee acknowledges that they have read and agree to the terms, conditions, and exclusions included in this proposal.

Full Mechanical Contracting

CONTROL AIR
a 5200 East La Palma Ave
p 714-777-6111

PROPRIETARY AND CONFIDENTIAL
4

The below outlines the TERMS & CONDITIONS for your LG Rooftop Units - Replace Compressors and Inverter Boards.
• All work covered by this Agreement shall be performed during normal business hours, unless otherwise stated herein. Control Air shall be allowed sufficient time to for performance of the work on the basis of a normal 8 hour work day. In the event that Customer or the circumstances require that Control Air provide labor on an overtime basis, then all such additional expense incurred by Control Air as a result, shall constitute an additional charge to Customer, which Customer agrees to pays.
• Customer shall prepare the premises to permit free movement and installation of materials by providing necessary openings, supports, cutting, patching, utility service, and otherwise pay all fees required under the applicable codes, ordinances and regulations unless agreed to otherwise herein.
• Should Control Air encounter any asbestos material in the course of performance, Control Air shall have the right to immediately discontinue work until such time as the hazardous materials are abated to Control Airs satisfaction, and the time for performing the services hereunder shall be extended accordingly, and Control Air be compensated for any damage, loss or cost associated with same.
• Control Air will provide all manufacturers standard warranties for newly installed material and equipment, not to exceed one year from the first beneficial use, except that no warranty shall apply in the event of misuse and/or abuse of the systems. Control Air warranties all repair work for a period of one year from the date of first beneficial use. There are no other warranties, expressed or implied other than the above.
• Control Air shall not be liable for consequential damages of any kind, including, but not limited to, liquidated damages, loss of use, loss of rent, interest expense, loan carrying costs, overhead or other delay damages. Control Airs liability shall be limited to the warranties set forth herein.
• Control Air shall not be responsible for the corrosive or erosive action of liquids and/or gases upon the specified equipment, and equipment damaged by same shall not be considered defective under this Agreement, and, therefore, is not covered by the above warranties. • This Agreement may only be modified in writing, executed by both Customer and Control Air, and in no other way. This Agreement constitutes the entire agreement between the parties and supersedes and revokes all previous agreements, written or oral, related to the work covered herein.
• Under no circumstances shall the liability of Control Air under this Agreement exceed the value of this Agreement.
• Control Air shall not be bound by any plans, specifications, directives or requests that have not been provided to Control Air in advance of this Agreement and expressly incorporated herein by reference. Nor shall Control Air be bound by any laws, ordinances, codes or Full Mechanical Contracting

CONTROL AIR
a 5200 East La Palma Ave
p 714-777-6111

PROPRIETARY AND CONFIDENTIAL
5

regulations not in effect at the time this Agreement is executed, or which have become obsolete because they are no longer enforced by the public body enacting same. • Control Air shall not be liable for any delays in performing this Agreement which are beyond its control, and not the sole, exclusive, direct and proximate result of Control Airs work. • If any of the materials specified herein are not readily available, Control Air may substitute equally efficient materials and fixture in lieu of the specified equipment upon notice to Customer. Should said substitution result in a cost saving, Customer will be credited the value of the saving resulting from the substitution.
• Control Air will not perform any extra work, i.e., work not specifically identified in this Agreement, unless agreed to in advance by Customer in writing. Customers written extra work order, if accepted by Control Air, shall serve to modify this Agreement and bind Customer thereto. Control Air reserves the right to refuse to perform extra work at its sole and absolute discretion.
• All invoices are due Net 30 days. If any invoice is not paid within the time required hereunder, a financial charge of 1.5% per month will apply until such time as payment is made. • A 3% processing fee will be added for payment made by credit card • Customer may not withhold any amounts due under this Agreement on account of an alleged backcharge or offset, unless Customer has provided written notice of the backcharge or offset within five (5) business days of the event giving rise to the alleged backcharge or offset, in which case, Control Air must be given a full and reasonable opportunity to either rebut the allegation in writing or cure the alleged deficiency. In no event may Customer withhold funds from Control Air unless a notice is required hereunder and is first delivered to Control Air within the time required. Failure to provide the notice of backcharge or offset and the opportunity to cure same shall result in a waiver of the alleged backcharge or offset, regardless of the actual prejudice or damage caused to Control Air as a result of the failure to provide notice. This provision is a material term of this Agreement without which Control Air would not have agreed to perform the services hereunder. • In the event of Customers breach of any material provision of this Agreement, including, but not limited to, failure to timely and fully pay Control Air, Control Air may suspend performance of its work after providing 3 days prior written notice to Customer. In the event that Control Air suspends performance and is required to remobilize to complete the work when the breach is cured, Control Air shall be entitled to recover all of its actual costs and damages incurred as a result of the suspension, including, but not limited to, mobilization costs.
• Should either party hereto be required to engage the services of an attorney(s) to enforce the terms of this Agreement, whether or not legal action is commenced, the successful party shall be entitled to recover its reasonable attorneys fees and costs.

Full Mechanical Contracting

CONTROL AIR
a 5200 East La Palma Ave
p 714-777-6111

PROPRIETARY AND CONFIDENTIAL
6

• Control Air accepts no responsibility for the design of the work required under this Agreement unless expressly stated otherwise in hereto. Nor does Control Air accept any responsibility for Customers existing equipment or systems. Unless expressly stated otherwise, this Agreement is entered into to provide service and repair work only, and not to replace equipment and systems. Unless agreed to otherwise, Control Airs responsibilities to Customer in relation to the service and repair work are limited to the repair warranty discussed in paragraph 4. • Any loss or damage to Sellers work, materials or equipment occurring at the site of the project caused by fire, flood, windstorm, riot or civil commotion shall be covered by Customers insurance.
• Control Air shall not be responsible for the cost of correcting defects caused to Control Airs work by the acts or omissions of employees or other subcontractors, contractors, owners, architects, consultants or others.
• In the event of a conflict between the terms and conditions of this Agreement and the terms and conditions stated in the plans and specifications or any other contract document, the terms and conditions of this Agreement shall govern the rights, responsibilities and obligations of Control Air and Customer in relation to one another. • Except as otherwise provided by this Agreement or required by law, Customer agrees to pay and comply with and hold Control Air harmless against the payment of all Federal, State and local contributions, taxes, duties or premiums related to the project.

Full Mechanical Contracting

CONTROL AIR
a 5200 East La Palma Ave
p 714-777-6111

PROPRIETARY AND CONFIDENTIAL
7

ATTACHMENT B

CITY OF COVINA AGREEMENT FOR

MINOR CONSTRUCTION AND MAINTENANCE SERVICES
This Agreement (“Agreement”) is dated March 19, 2024 (“Effective Date”) and is between the City of Covina, a California municipal corporation (“City”) and Control Air Enterprises LLC a limited liability company (Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

RECITALS
A. City desires to utilize the services of Contractor as an independent contractor to perform/provide professional services for the Replacement of the Senior Center HVAC Unit.

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 December 31, 2024 unless sooner terminated as provided in Section 14 of this Agreement. In no event shall the contract be extended beyond December 31, 2024.

2. Compensation.

A. Cost of Work. For the Work described in Section 3 of this Agreement, Contractor shall receive the sum of exceed Thirty-Seven Thousand Eight Hundred Thirty-Seven Dollars ($37,837.00) 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.

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 Kacey Hurt, Sales Executive (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.

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.

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.

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.

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 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.

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 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.

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 Four Million Dollars ($4,000,000) per project or location.

If Contractor is a limited liability company, the commercial general liability coverage shall be amended so that Contractor and its managers, affiliates, employees, agents and other persons necessary or incidental to its operation are insureds.
2) Automobile Liability Insurance for any owned, non-owned or hired vehicle used in connection with the performance of this Agreement with a combined single limit of Two Million Dollars ($2,000,000) per accident for bodily injury and property damage. If Contractor does not use any owned, non-owned or hired vehicles in the performance of 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 Two Million Dollars ($2,000,000) 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.

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 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.

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: Public Works Department Attn: Kacey Hurt, Sales Executive City of Covina Control Air Enterprises LLC
125 E. College Street 5200 East La Palma Avenue
Covina, California 91723 Anaheim, CA 92807

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

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

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

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

20. Waiver. No delay or omission to exercise any right, power or remedy accruing to 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.

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]

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
ATTEST:

By:

Name: Fabian Velez
Title: Chief Deputy City Clerk
Contractor:

Control Air Enterprises LLC,
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.)

EXHIBIT A

SCOPE OF WORK AND PAYMENT SCHEDULE

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

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 ____________________________________

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:

COVINA SENIOR CENTER HVAC REPLACEMENT PROJECT
(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

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.

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:

COVINA SENIOR CENTER HVAC REPLACEMENT PROJECT
(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

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.

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.

CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. CC 13
Meeting: March 19, 2024
Title: SB 341 Compliance Report on the Housing Successor Agency Low and Moderate Income Housing Asset Fund
Presented by: Brian K. Lee, AICP, Director of Community Development Recommendation: Receive and file the report.

EXECUTIVE SUMMARY:

On January 1, 2014, Senate Bill 341 (SB 341) became effective, requiring each housing successor agency that assumed the housing functions of a former redevelopment agency to post a report on its website containing information regarding the Housing Successor Low- and Moderate-Income Housing Asset Fund (Fund) for the previous fiscal year.

The reporting requirements have been amended twice. In 2015, Assembly Bill 1793 (Chapter 672, Statutes of 2014, effective January 2015) amended Health & Safety Code Section 34176.1(f) to add new provisions now numbered as 34176.1(f)(13)(A)-(D). In 2016, Senate Bill 107 (Chapter 325, Statutes of 2015, effective January 2016) amended Health & Safety Code Section 34176.1(f) to add a new reporting item number 1 and revise reporting item number 2. The reporting requirements are attached as Attachment A.

In addition, the housing successor agency is required to conduct and provide an independent financial audit of the Fund within six months of the end of the fiscal year. The audit may be included as part of the City’s independent financial audit.

DISCUSSION:

An independent financial audit of the Fund was provided to the Covina City Council on February 6, 2024, and by memo to the Covina Housing Authority Board to follow. The financial audit is included as part of the Annual Comprehensive Financial Report (ACFR) and is posted on the City’s website at www.covinaca.gov.

The Covina Housing Authority SB 341 Compliance Report (Report) is attached as Attachment B. The Report includes specified housing financial and activity information and will be submitted as an addendum to the Annual Progress Report (APR) which is submitted to the California Department of Housing and Community Development (HCD) pursuant to State housing law, by April 1.

FISCAL IMPACT:

None.

CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):

This activity will not result in a reasonably foreseeable change to the physical environment; it is exempt from CEQA under State CEQA Guidelines 15061 (b) (3) and does not constitute a project.

Respectfully submitted,

2016 Change to Annual Report Requirements for Housing Successors to Redevelopment Agencies Senate Bill 107 (Chapter 325, Statutes of 2015, effective January 2016) amended Health & Safety Code Section 34176.1(f) to add a new reporting item (number 1) and revise reporting item 2.

HCD Note: SB 107 amendments are reflected in red. When new requirements are imposed that an agency cannot typically meet in the same calendar or fiscal year in which the statutory change took effect (e.g. year 2016 for SB 107) for good cause (e.g. additional time and/or resources are needed to comply with new requirements), HCD’s practice is that the agency compliance due date can fall in the next calendar or fiscal year (e.g. year 2017) following the year the statutory change took effect.

Successor Entity Reporting
Senate Bill 341 (Chapter 796, Statutes of 2013) previously amended Health & Safety Code Section 34176 to address particular provisions and functions relating to former “redevelopment agencies” and new “housing successor” entities allowed to elect and assume particular functions of redevelopment agencies (RDAs) dissolved in 2012. A housing successor entity can include a local Public Housing Authority when a city or county elects not to become the housing successor entity.

SB 341 eliminated the former redevelopment agency annual report requirement due to both the Department of Housing and Community Development (HCD) and State Controller while RDAs were active.

All successor housing entities, starting with the FY ending in 2014, are required to comply with different annual report requirements within six months after the end of each fiscal year (FY). One requirement is to provide an independent financial audit to the legislative body. Another requirement is for a city or county housing successor to report housing financial and activity information by:
(1) including specified information with the housing element Annual Progress Report (APR) required to be annually submitted to HCD by April 1 pursuant to State housing law in reporting progress in implementing the housing element. (NOTE: Successor entity reporting data required to included with APR can be a paper report identified as an addendum to the APR. The separate housing fund data report can be attached to the APR or sent separately to HCD) and
(2) posting specified information on the jurisdiction’s website.

Following are current annual report requirements last amended in 2015 described in H&SC section 34176.1 beginning with subsection (f) [note: reference to Section 33080.1 relates to former RDAs]:

H&SC 34176.1:
(f) Section 33080.1 of this code and Section 12463.3 of the Government Code shall not apply. Instead, the housing successor shall conduct, and shall provide to its governing body, an independent financial audit of the Low and Moderate Income Housing Asset Fund within six months after the end of each fiscal year, which may be included in the independent financial audit of the host jurisdiction. If the housing successor is a city or county, it shall also include in its report pursuant to Section 65400 of the Government Code and post on its Internet Web site all of the following information for the previous fiscal year. If the housing successor is not a city or county, it shall also provide to its governing body and post on its Internet Web site all of the following information for the previous fiscal year:
(1) The amount the city, county, or city and county received pursuant to subparagraph (A) of paragraph (3) of subdivision (b) of Section 34191.4.
(2) The amount deposited to the Low and Moderate Income Housing Asset Fund, distinguishing between amounts deposited pursuant to subparagraphs (B) and (C) of paragraph (3) of subdivision (b) of Section 34191.4, amounts deposited for other items listed on the Recognized Obligation Payment Schedule, and other amounts deposited.
(3) A statement of the balance in the fund as of the close of the fiscal year, distinguishing any amounts held for items listed on the Recognized Obligation Payment Schedule from other amounts. (4) A description of expenditures from the fund by category, including, but not limited to, expenditures (A) for monitoring and preserving the long-term affordability of units subject to affordability restrictions or covenants entered into by the redevelopment agency or the housing successor and administering the

ATTACHMENT A PAGE 1 OF 2
2016 Change to Annual Report Requirements for Housing Successors to Redevelopment Agencies activities described in paragraphs (2) and (3) of subdivision (a), (B) for homeless prevention and rapid rehousing services for the development of housing described in paragraph (2) of subdivision (a), and (C) for the development of housing pursuant to paragraph (3) of subdivision (a). (5) As described in paragraph (1) of subdivision (a), the statutory value of real property owned by the housing successor, the value of loans and grants receivable, and the sum of these two amounts. (6) A description of any transfers made pursuant to paragraph (2) of subdivision (c) in the previous fiscal year and, if still unencumbered, in earlier fiscal years and a description of and status update on any project for which transferred funds have been or will be expended if that project has not yet been placed in service.
(7) A description of any project for which the housing successor receives or holds property tax revenue pursuant to the Recognized Obligation Payment Schedule and the status of that project. (8) For interests in real property acquired by the former redevelopment agency prior to February 1, 2012, a status update on compliance with Section 33334.16. For interests in real property acquired on or after February 1, 2012, a status update on the project.
(9) A description of any outstanding obligations pursuant to Section 33413 that remained to transfer to the housing successor on February 1, 2012, of the housing successor’s progress in meeting those obligations, and of the housing successor’s plans to meet unmet obligations. In addition, the housing successor shall include in the report posted on its Internet Web site the implementation plans of the former redevelopment agency.
(10) The information required by subparagraph (B) of paragraph (3) of subdivision (a). (11) The percentage of units of deed-restricted rental housing restricted to seniors and assisted individually or jointly by the housing successor, its former redevelopment agency, and its host jurisdiction within the previous 10 years in relation to the aggregate number of units of deed-restricted rental housing assisted individually or jointly by the housing successor, its former redevelopment agency, and its host jurisdiction within the same time period.
(12) The amount of any excess surplus, the amount of time that the successor agency has had excess surplus, and the housing successor’s plan for eliminating the excess surplus. (13) An inventory of homeownership units assisted by the former redevelopment agency or the housing successor that are subject to covenants or restrictions or to an adopted program that protects the former redevelopment agency’s investment of moneys from the Low and Moderate Income Housing Fund pursuant to subdivision (f) of Section 33334.3. This inventory shall include all of the following information:
(A) The number of those units.
(B) In the first report pursuant to this subdivision, the number of units lost to the portfolio after February 1, 2012, and the reason or reasons for those losses. For all subsequent reports, the number of the units lost to the portfolio in the last fiscal year and the reason for those losses. (C) Any funds returned to the housing successor as part of an adopted program that protects the former redevelopment agency’s investment of moneys from the Low and Moderate Income Housing Fund. (D) Whether the housing successor has contracted with any outside entity for the management of the units and, if so, the identity of the entity.

ATTACHMENT A PAGE 2 OF 2
ATTACHMENT B Page 1 of 11
COVINA HOUSING AUTHORITY SB 341 COMPLIANCE REPORT
(ADDENDUM TO COVINA ANNUAL PROGRESS REPORT SUBMITTED TO HCD) Housing Successor Agency
Low- and Moderate-Income Housing Asset Fund
Specified Activity Information Pursuant to
California Health and Safety Code Section 34176.1
Year Ended June 30, 2023
The Covina Housing Authority was activated by the City of Covina on January 25, 2011 by Resolution 11-6926. On January 30, 2012, by Resolution 12-7045, the Covina City Council elected not to retain the housing assets and functions previously performed by the Covina Redevelopment Agency, which was dissolved pursuant to Part 1.85 of Division 24 of the California Health and Safety Code. All rights, powers, duties and obligations were transferred to the Covina Housing Authority. The Covina Housing Authority is the housing successor agency of the Covina Redevelopment Agency.

On January 1, 2014, Senate Bill 341 (SB 341) became effective, requiring each housing successor agency that assumed the housing functions of a former redevelopment agency to post a report on its website containing information regarding the Low- and Moderate-Income Housing Assets Fund (Fund or LMIHAF) of the housing successor for the previous fiscal year.

Assembly Bill 1793 (Chapter 672, Statutes of 2014, effective January 2015) amended Health & Safety Code Section 34176.1(f) and added new provisions now numbered as 34176.1(f)(13)(A)-(D).

Senate Bill 107 (Chapter 325, Statutes of 2015, effective January 2016) amended Health & Safety Code Section 34176.1(f) to add a new reporting requirement numbered as 34176.1(f)(1) and revise the reporting requirement numbered as 34176.1(f)(2).

In addition, the housing successor agency is required to conduct and provide to its governing body an independent financial audit of the Fund within six months of the end of the fiscal year. The audit may be included as part of the City’s independent financial audit.

The audit is included as part of the Annual Comprehensive Financial Report (ACFR) and is available on the City’s website at www.covinaca.gov. Following presentation to the City Council and the Housing Authority, a copy of the independent financial audit will be provided to the Covina Housing Authority Board (Board).

The remainder of this Compliance Report provides the information required under Health and Safety Code 34176.1(f):

1. Amounts Received and Deposited Pursuant to 34191.4(b)(3)(A): This section provides the total amount of funds paid to the City and the amount deposited into the

COVINA HOUSING AUTHORITY SB 341 COMPLIANCE REPORT
ATTACHMENT B PAGE 2 OF 11
LMIHAF allocable to 20% of the repayments on reinstated City/Agency loans per Section 34191.4.

2. Amount Deposited into LMIHF: This section provides the total amount of funds deposited into the LMIHAF during the Fiscal Year. Any amounts deposited for items listed on the Recognized Obligation Payment Schedule (ROPS) must be distinguished from the other amounts deposited.

3. Ending Balance of LMIHF: This section provides a statement of the balance in the LMIHAF as of the close of the Fiscal Year. Any amounts deposited for items listed on the ROPS must be distinguished from the other amounts deposited.

4. Description of Expenditures from LMIHF: This section provides a description of the expenditures made from the LMIHAF during the previous Fiscal Year. The expenditures are to be categorized by category, including, but not limited to, expenditures (A) for monitoring and preserving the long-term affordability of units subject to affordability restrictions or covenants entered into by the redevelopment agency or the housing successor and administering the activities described in paragraphs (2) and (3) of subdivision (a), (B) for homeless prevention and rapid rehousing services for the development of housing described in paragraph (2) of subdivision (a), and (C) for the development of housing pursuant to paragraph (3) of subdivision (a).

5. Statutory Value of Assets Owned by Housing Successor: This section provides the statutory value of real property owned by the Housing Successor, the value of loans and grants receivables, and the sum of these two amounts.

6. Description of Transfers: This section describes transfers, if any, to another housing successor agency made in previous Fiscal Year(s), including whether the funds are unencumbered and the status of projects, if any, for which the transferred LMIHAF will be used. The sole purpose of the transfers must be for the development of transit priority projects, permanent supportive housing, housing for agricultural employees or special needs housing.

7. Project Descriptions: This section describes any project for which the Housing Successor receives or holds property tax revenue pursuant to the ROPS and the status of that project.

8. Status of Compliance with Section 33334.16: This section provides a status update on compliance with Section 33334.16 for interests in real property acquired by the former redevelopment agency prior to February 1, 2012. For interests in real property acquired on or after February 1, 2012, provide a status update on the project.

9. Description of Outstanding Obligations under Section 33413: This section describes the outstanding inclusionary and replacement housing obligations, if any, under Section 33413 that remained outstanding prior to dissolution of the former redevelopment agency as of February 1, 2012 along with the Housing Successor’s progress in meeting those prior obligations, if any, of the former Redevelopment Agency and how the Housing Successor’s plans to meet unmet obligations, if any.

COVINA HOUSING AUTHORITY SB 341 COMPLIANCE REPORT
ATTACHMENT B PAGE 3 OF 11

10. Income Test: This section provides the information required by Section 34176.1(a)(3)(B), or a description of expenditures by income restriction for five year period, with the time period beginning January 1, 2014 and whether the statutory thresholds have been met.

11. Senior Housing Test: This section provides the percentage of units of deedrestricted rental housing restricted to seniors and assisted individually or jointly by the Housing Successor, its former Redevelopment Agency, and its host jurisdiction within the previous 10 years in relation to the aggregate number of units of deed-restricted rental housing assisted individually or jointly by the Housing Successor, its former Redevelopment Agency and its host jurisdiction within the same time period. For this Report the ten-year period reviewed is July 1, 2013 to June 30, 2023.

12. Excess Surplus Test: This section provides the amount of excess surplus in the LMIHAF, if any, and the length of time that the Housing Successor has had excess surplus, and the Housing Successor’s plan for eliminating the excess surplus.

13. Inventory of Homeownership Units: This section provides a summary of covenanted homeownership units assisted by the former Redevelopment Agency or the Housing Successor that include an equity sharing and repayment provisions, including (a) number of units; (b) number of units lost to the portfolio in the last fiscal year and the reason for those losses, and (c) any funds returned to the housing successor pursuant to losses or repayments.

1. AMOUNTS RECEIVED AND DEPOSITED PURSUANT TO 34191.4(b)(3)(A) Loan repayment received by the City. $0
TOTAL $0

2. AMOUNTS DEPOSITED TO THE LOW AND MODERATE INCOME

HOUSING ASSET FUND
Amount deposited to the Low and Moderate Income
Housing Asset Fund for item listed on the
Recognized Obligation Payment Schedule (ROPS)
pursuant to H&S Code 34191.4 (b)(3)(B)(C)
$0.00
Amount deposited to the Low and Moderate Income
Housing Asset Fund from sources other than ROPS
$71,633.02
Interest earned $0.0
TOTAL $71,633.02

COVINA HOUSING AUTHORITY SB 341 COMPLIANCE REPORT
ATTACHMENT B PAGE 4 OF 11

3. ENDING BALANCE OF LMIHAF
Recognized Obligation Payment Schedule amount $0
Other amounts $3,434,992.65
TOTAL $3, 434,992.65

4. DESCRIPTION OF EXPENDITURES FROM LMIHAF
(A) Monitoring/preserving long-term affordability
and administration expenditures
$284,614.92
(B) Homeless prevention/rapid rehousing $142,929.03
(C) Housing development $74,121.49
TOTAL $501,665.44
The Housing Successor is allowed to spend up to the greater of $200,000 or 5% of the outstanding loans or other receivables plus the statutory value of any land owned. (defined and calculated in Section 5), which totals $333,484.30 on Monitoring and Administration Expenditures.

5. STATUTORY VALUE OF ASSETS OWNED BY HOUSING SUCCESSOR IN LMIHAF
Under the Dissolution Law and for purposes of this Report, the “statutory value of real property” means the value of properties formerly held by the former Redevelopment Agency as listed on the housing asset transfer schedule approved by the Department of Finance as listed in such schedule under Section 34176(a)(2), the value of the properties transferred to the Housing Successor pursuant to Section 34181(f), and the purchase price of property(ies) purchased by the Housing Successor. Further, the value of loans and grants receivable is included in these reported assets held in the LMIHAF.

The following provides the statutory value of assets owned by the Housing Successor.

Real Property $425,610
Assets held for resale $0
Loans receivable* $6,244,076.03
TOTAL $6,669,686.03
*Note: of the Loans Receivable listed, $1,502,076.03 is considered “uncollectible” due to the forgiveness feature of these loans1

1 ACFR for year ending June 30, 2022

COVINA HOUSING AUTHORITY SB 341 COMPLIANCE REPORT
ATTACHMENT B PAGE 5 OF 11

6. DESCRIPTION OF TRANSFERS
The Housing Successor did not make any LMIHAF transfers to other Housing Successor(s) under Section 34176.1(c)(2) during the Fiscal Year.

7. PROJECT DESCRIPTIONS
The Housing Successor does not receive or hold property tax revenue for a project pursuant to the ROPS.

8. STATUS OF COMPLIANCE WITH SECTION 33334.16
Section 34176.1 provides that Section 33334.16 does not apply to interests in real property acquired by the Housing Successor on or after February 1, 2012. Section 33334.16 applies to the interest in real property acquired using moneys from the Lowand Moderate-Income Housing Fund before 2012, and requires that the agency shall, within five years from the date it first acquires the property interest for the development of housing affordable to persons and families of low and moderate income, initiate activities consistent with the development of the property for that purpose.

Property Received From the Former Redevelopment Agency Prior to February 1, 2012:

APN Date
Acquired
DOF Transfer
Approval
Original Cost Status
8434-002-904 July 27, 2004 Feb. 21, 2013 $425,610 In use as transitional
housing
8445-001-918 May 20, 2005.

Time
extension
obtained on
May 18, 2010
Feb. 21, 2013 $730,200 Entered into
DDA to sell
property on
March 1, 2011.

Sale completed
on March 3,
2014
Property Acquired On or After February 1, 2012:

Not Applicable. The Housing Successor has not acquired any properties after February 1, 2012.

9. DESCRIPTION OF OUTSTANDING OBLIGATIONS PURSUANT TO SECTION 33413

COVINA HOUSING AUTHORITY SB 341 COMPLIANCE REPORT
ATTACHMENT B PAGE 6 OF 11
Replacement Housing: According to the 2010 – 2014 Implementation Plan for the former redevelopment agency, no Section 33413(a) replacement housing obligations were transferred to the Housing Successor.

Inclusionary / Production Housing. According to the 2010 – 2014 Implementation Plan for the former redevelopment agency, no Section 33413(b) inclusionary/production housing obligations were transferred to the Housing Successor.

The former redevelopment agency’s Implementation Plans are posted on the City’s website.

Outstanding obligations pursuant to Section 33413 that
remain to transfer to the Housing Successor on February 1, 2012
None
Unmet obligations None

10. INCOME TARGETING TEST
The information required by subparagraph (B) of paragraph (3) of subdivision (a).

The housing successor shall expend all funds remaining in the Low and Moderate Income Housing Asset Fund after the expenditures allowed (monitoring and homeless services) for the development of housing affordable and occupied by households earning 80 percent or less of the area median income, with at least 30 percent of these remaining funds expended for the development of rental housing affordable to and occupied by households earning 30 percent or less of the area median income and no more than 20 percent of these remaining funds expended for the development of housing affordable to and occupied by households earning between 60 percent and 80 percent of the area median income. A housing successor shall demonstrate in the annual report described in subdivision (f), for 2019, and every five years thereafter, that the housing successor's expenditures from January 1, 2014, through the end of the latest fiscal year covered in the report comply with the requirements of this subparagraph.

COVINA HOUSING AUTHORITY SB 341 COMPLIANCE REPORT
ATTACHMENT B PAGE 7 OF 11
120% Housing Asset Fund Expenditure Limitations
100% AMI between 20%
Owner- 60-80%
80% Occupied
70% 50%
60% Below 60 %
AMI
40%
30%
20% Rental 30% 30% or below 30%
AMI
0%
Housing Type Affordability
Failure to comply with the extremely low income requirement in any 5-year reporting period will result in the Housing Authority having to ensure that 50% of remaining funds be spent on extremely low income rental units until in compliance. Exceeding the expenditure limit for households earning between 60% and 80% of the AMI in any 5-year reporting period will result in the Housing Authority not being able to expend any funds on these income categories until in compliance.

The Housing Authority had administrative, monitoring, housing and development expenses in the period from July 1, 2022 to June 30, 2023. The five-year report follows:

LMIHAF Spent on
Rental Housing for
Extremely-Low
Income
Households
LMIHAF spent on
Households between
60% & 80% AMI
Total
LMIHAF
Spent
FY 2018-2019 $133,103.99 $317,545.65
FY 2019-2020 $127,499.36 $473,700.42
FY 2020-2021 $147,948.77 $524,943.12
FY 2021-2022 $179,538.87 $593,637.19
FY 2022-2023 $142,929.03 $501,665.44
Totals $731,020.02 $2,411,491.82

COVINA HOUSING AUTHORITY SB 341 COMPLIANCE REPORT
ATTACHMENT B PAGE 8 OF 11
Calculation of Five Year Expenditure July 1, 2017 to June 30, 2022 Description Amount Actual % of
Expenditures
over 5 yrs
Required
Expenditure
Caps
Total LMIHAF Expended $2,411,491.82
Total LMIHAF spent on
Extremely Low-Income
$731,020.02 30% Minimum of
30%
Total LMIHAF spent on
Households between 60% and
80% AMI
$0 0 Maximum of
20%

11. SENIOR HOUSING TEST
The percentage of units of deed-restricted rental housing restricted to seniors and assisted individually or jointly by the housing successor, its former redevelopment agency, and its host jurisdiction within the previous 10 years in relation to the aggregate number of units of deed-restricted rental housing assisted individually or jointly by the housing successor, its former redevelopment agency, and its host jurisdiction within the same time period. If this percentage exceeds 50%, then the Housing Successor cannot expend future funds in the LMIHAF to assist additional senior housing units until the Housing Successor or City assists and construction has commenced on a number of restricted rental units that is equal to 50% of the total amount of deed-restricted rental units.

For this report, the ten-year period reviewed is July 1, 2013 through June 30, 2023.

July 1, 2012 June 30, 2022
No. of assisted senior rental units 0
No. of total assisted rental units 962
Senior Housing Percentage 0%
Covina Gardens at 200 West Rowland Street is a 90-unit rental apartment project, 89 units of which are deed-restricted moderate, low income and very-low income housing. The owner voluntarily provides this housing to seniors only.

12. EXCESS SURPLUS TEST
The amount of any excess surplus, the amount of time that the successor agency has had excess surplus, and the housing successor’s plan for eliminating the excess

2 Includes 89 units at 200 W. Rowland, 7 units at the YWCA Project

COVINA HOUSING AUTHORITY SB 341 COMPLIANCE REPORT
ATTACHMENT B PAGE 9 OF 11
surplus.

Excess Surplus calculations were once performed by redevelopment agencies on an annual basis, and were intended to ensure that funds were expended to benefit low and moderate-income households in an expeditious manner. SB 341 reinstates this calculation for housing successors. Excess Surplus is defined by Health and Safety Code Section 34176.1(d) as an unencumbered amount in the account that exceeds the greater of one million dollars ($1,000,000) or the aggregate amount deposited into the account during the Housing Successor’s preceding four fiscal years, whichever is greater.

The four fiscal years preceding the fiscal year for which the excess surplus is being calculated is included in the calculation below.

Excess Surplus Test for FY 2022-2023:

Fund Balance – as of 6-30-2023 $3,434,992.65
Less unavailable funds* – as of 6-30-2023 $908,346.02
Land Held for resale $0
Total Unavailable Funds $908,346.02
Unencumbered fund balance – as of 6-30-2023 $2,526,646.63 Deposits for the preceding four years:

Fiscal year 2021-2022 $31,378.06
Fiscal year 2020-2021 $792,859.28
Fiscal year 2019-2020 $124,712.38
Fiscal year 2018-2019 $1,155,031.81
Total deposits $2,103,981.53
Base limitation $1,000,000
Greater amount $2,103,981.53
Computed Excess/Surplus $422,665.10
Excess/Surplus from prior year:

Fiscal year 2018-2019 (due to be encumbered by June
30, 2022)
$1,322,100.00
Fiscal year 20-21 (due to be encumbered by June 30,
2024)
$574,144.81
Fiscal year 21-22 (due to be encumbered by June 30,
2025)
$639,085.96
*$908,346.02 (bond) + $0 (unpaid loan)
The excess surplus calculated for each fiscal year is required to be encumbered within three (3) years from the end of that fiscal year by the Housing Successor on eligible activities which provide affordable housing for households at or below low

COVINA HOUSING AUTHORITY SB 341 COMPLIANCE REPORT
ATTACHMENT B PAGE 10 OF 11
income. Eligible activities include new construction, acquisition, substantial rehabilitation, and preservation of affordability. Any amount of excess surplus not encumbered within the three-year period required by the Dissolution Law must be remitted to the State Department of Housing and Community Development (“HCD”), or transferred to another housing successor.

As the general purpose of the excess surplus calculation is to ensure that money is expended for low-income purposes, the best action for the Housing Successor is to expeditiously encumber or expend money currently on deposit. The Housing Authority is presently negotiating for a property which will involve the use of Housing Authority funds.

13. HOMEOWNERSHIP
An inventory of homeownership units assisted by the former redevelopment agency or the housing successor that are subject to covenants or restrictions or to an adopted program that protects the former redevelopment agency’s investment of moneys from the Low and Moderate Income Housing Fund pursuant to subdivision (f) of Section 33334.3. This inventory shall include all of the following information:
(A) The number of those units.

Ownership Units Covenanted to be Affordable as of June 30, 2023
No. of Units
Number of ownership units covenanted to be affordable 183 Total 18
(B) In the first report pursuant to this subdivision, the number of units lost to the portfolio after February 1, 2012, and the reason or reasons for those losses. For all subsequent reports, the number of the units lost to the portfolio in the last fiscal year and the reason for those losses.

Ownership Units Lost to the Portfolio No. of Units
Number of units lost to the portfolio after February 1, 2012 through June 30, 2021
0 Number of units lost to the portfolio in the last fiscal year (fiscal year ending June 30, 2022) and the reason for the losses
0 (C) Any funds returned to the housing successor as part of an adopted program that protects the former redevelopment agency’s investment of moneys from the Low and Moderate Income Housing Fund.

3 Includes 6 units at Vintage Walk, 3 at Vintage Walk 2, 8 at Citrus Walk, and 1 Habitat House

COVINA HOUSING AUTHORITY SB 341 COMPLIANCE REPORT
ATTACHMENT B PAGE 11 OF 11
Not applicable.
(D) Whether the housing successor has contracted with any outside entity for the management of the units and, if so, the identity of the entity.

The Housing Successor has not contracted with any outside entity for management of the units.

CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. CC 14
Meeting: March 19, 2024
Title: 2023 Annual Housing Element Progress Report
Presented by: Brian K. Lee, AICP, Director of Community Development Recommendation: Receive and file.

EXECUTIVE SUMMARY:

State law requires each city to prepare and file Annual Progress Reports (APRs) with the California Department of Housing and Community Development (HCD) describing housing production and the status of Housing Element program implementation. APRs must be prepared using the format established by HCD. Attached for City Council information is the Housing Element APR for calendar year 2023 (Attachment A).

FISCAL IMPACT:

Preparation of APRs is required by State law but no State funding is provided; therefore, it is an unfunded mandate. The City collects a fee on building permits to defray the cost of maintaining the General Plan, which includes preparation of APRs.

CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):

Preparation of the APR is not a project subject to CEQA (Cal. Pub. Resources Code, § 21000 et seq.).

Respectfully submitted,

CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. CC 15
Meeting: March 19, 2024
Title: Amendment No. 3 to the Professional Services Agreement between the City of Covina and Liebert Cassidy Whitmore for Legal Services
Presented by: Chris Marcarello, City Manager
David Povero, Chief of Police
Recommendation: Approve Amendment No. 3 to the agreement between Liebert Cassidy Whitmore and the City of Covina for legal services and authorize the City Manager to execute the amendment.

EXECUTIVE SUMMARY:

On July 1, 2021, the City of Covina entered into a four (4) year agreement with Liebert Cassidy Whitmore which will expire on June 30, 2025 with the option of two addition one (1) year extensions. On November 1, 2022, Amendment No. 1 was approved by the City Council to increase the “not-to-exceed” compensation to $75,000.

On May 2, 2023 Amendment No. 2 increased the “not-to-exceed” amount to $100,000 and incorporated changes to the Schedule of Fees. This Amendment No. 3 will increase the “not-to-exceed” amount to $175,000 to provide staff augmentation services and development of a joint powers authority framework for regional public safety communications.

DISCUSSION:

Liebert Cassidy Whitmore (“LCW”) is a professional law corporation that provides legal services to the City Covina. More specifically, they provide services in police defense and labor relations issues that are covered under the Public Safety Officers Bill of Rights Act.

This third amendment to the Agreement with LCW will increase the spending limit for legal services to $175,000.

As part of this amendment, LCW will provide staffing augmentation services in the Administrative Services Department – Human Resources Division and develop a joint powers framework for the proposed regional public safety communications operation. Costs will be offset by salary savings and/or shared with neighboring agencies involved in pursuing a regional communications operation. All other terms remain unchanged.

FISCAL IMPACT:

Funds are available in Human Resources Acct # 1010 0800 51250 Personnel.

CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):

Not applicable.

Respectfully submitted,

ATTACHMENT A
AMENDMENT NO. 3 TO THE PROFESSIONAL SERVICES AGREEMENT FOR

LEGAL SERVICES BETWEEN THE CITY OF COVINA AND LIEBERT CASSIDY

WHITMORE, LLP
THIS AMENDMENT No. 3 (“Third Amendment”) is dated March 19, 2024, and is between the City of Covina, a California municipal corporation (“City”) and Liebert Cassisdy Whitmore LLP (“Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

RECITALS
A. City and Consultant entered into that certain Professional Services Agreement dated July 1, 2021 (“Agreement”), pursuant to which Consultant provides legal services to the City’s Police Department and Human Resources Department.

B. On November 1, 2022, City and Consultant entered into the First Amendment to that certain professional service agreement to increase the “sum not to exceed”amount to Seventy Five Thousand Dollars and to amend the agreement as set forth in the First Amendment C. On May 2, 2023, City and Consulatnat entered into the Second Amendment to revise the compensation sum and the ‘Schedule of Rates” as set forth in the Second Amendment.

D. City and Consultant desire to amend the agreement to again increase the “sum not to exceed” amount.

In consideration of the mutual covenants and conditions set forth herein, the Parties agree as follows:

1. Paragraph A of Section 2 of the Agreement, “Compensation,” is hereby amended to read as follows:
“A. Compensation. As full compensation for Consultant’s Services provided under this Agreement, City shall pay Consultant a sum not to exceed One Hundred Twenth Five Thousand Dollars ($175,000) (the “maximum compensation”), based on the hourly rates set fourth in the Approved Fee Schedule, attached hereto as Exhibit A.”

2. Except for the changes specifically set forth in this Third Amendment, all other terms and conditions of the Agreement shall remain in full force and effect. [SIGNTURE PAGE FOLLOWS]

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

City:

City of Covina,
a California municipal corporation
By:

Name:

Title:

ATTEST:

By:

Name: Fabian Velez
Title: Chief Deputy City Clerk
APPROVED AS TO FORM:

By:

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

Liebert Cassidy Whitmore LLC.,
By:

Name:

Title:

By:

Name:

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

Exhibit A

LIEBERT CASSIDY WHITMORE

FEE SCHEDULE
Partners $415.00
Senior Counsel $345.00
Associates $230.00 - $325.00
Labor Relations/Human Resources Consultant $260.00
Paralegals $145.00
E-Discovery Specialists $145.00
Law Clerks $145.00 - $185.00

ATTACHMENT B

CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. CC 16
Meeting: March 19, 2024
Title: Resolution Increasing the Police Department 2023-24 Budget by $5,000 to Cover Police Explorer Program Expenses
Presented by: David Povero, Chief of Police
Recommendation: Adopt Resolution CC 2024-13 increasing the Police Department 2023-24 Budget by $5,000 for the purchase of various equipment/supplies as well as annual dues.

EXECUTIVE SUMMARY:

The Police Department is requesting that $5,000 be appropriated to the Police Explorer program in the amount of $5,000 to pay for the program's annual national membership dues, insurance and also to purchase equipment and supplies that are purchased thought the year.

DISCUSSION:

Throughout the year, the Police Explorer Program purchases equipment and supplies to keep the program current and operational for the young men and women who participate in the program in the past, items that have been purchased include clothing, police training equipment, team building retreats and national Explorer membership dues. These items are covered by community donations and does not impact the general fund.

FISCAL IMPACT:

Funding is available in the FY 2023-24 Explorer Donation Fund (2927). Resolution CC 2024-13 requests the appropriation of $5,000 from the Explorer Donation Fund to purchase items as stated above. This Fund can be used to pay for the ongoing cost of the Police Explorer program.

CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):

Not applicable.

Respectfully submitted,

ATTACHMENT A
RESOLUTION CC 2024-13

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COVINA, CALIFORNIA, INCREASING THE POLICE DEPARTMENT 2023-24
BUDGET BY $5,000 FOR THE PURCHASE OF VARIOUS

EQUIPMENT/SUPPLIES AS WELL AS ANNUAL DUES AND

INSURANCE
WHEREAS, the Police Explorer Program purchases equipment and supplies to keep the program current and operational; and
WHEREAS, the purchase of these items typically includes clothing, training equipment, team-building retreats and national Explorer membership dues and insurance coverage; and WHEREAS, $5,000 is being requested to be appropriated using the Explorer Donation Fund 2927; and
WHEREAS, appropriations may be made by the City Manager, amendments (increases/decreases) to the Budget shall be by approval and Resolution of the City Council.

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

SECTION 1. Funds, as described above, is hereby appropriated by the City of Covina.

SECTION 2. Amend the Fiscal Year 2023-24 Police Department Budget as follows:

SECTION 3. The City Clerk shall certify to the passage and adoption of this resolution and shall enter the same in the Book of Original Resolutions.

APPROVED and PASSED this 19th day of March, 2024.

City of Covina, California
BY:

WALTER ALLEN, III, Mayor
ATTEST:
___________________________________________
FABIAN VELEZ, Chief Deputy City Clerk Account Number Account Title Original Budget Increase Budget Amendment 2927 1110 53100 Dues and Subscription $ - $ 1,500.00 $ 1,500.00 2927 1110 54430 Clothing/Equipment $ 108.22 $ 3,500.00 $ 3,608.22

Resolution CC 2024-13 Page 2 of 2

CERTIFICATION
I, Fabian Velez, Chief Deputy City Clerk of the City of Covina, do hereby certify that Resolution CC 2024-13 was duly adopted by the City Council of the City of Covina at a regular meeting held on the 19th day of March, 2024, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Dated:
____________________________________________
FABIAN VELEZ, Chief Deputy City Clerk

CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. CC 17
Meeting: March 19, 2024
Title: Escheatment of Unclaimed Funds to the City of Covina in Accordance with the Escheat of Unclaimed Property Policy
Presented by: Anita Agramonte, Administrative Services Director Charles Russom, Management Analyst
Recommendation: Authorize staff to pursue the escheatment of unclaimed funds to the City in the amount of $52,646.34 and approve the transfer of any available funds remaining unclaimed to be recognized as revenue in the General Fund in accordance with the Escheat of Unclaimed Property Policy.

EXECUTIVE SUMMARY:

On December 18, 2018, an updated Escheat of Unclaimed Property policy was adopted and approved by the City Council establishing a uniform and cost-effective method for the treatment of abandoned or unclaimed money in the City’s procession consistent with California Government Code Sections 50050 through 50056. Furthermore, on June 17, 2014 Resolution 14-7255 was adopted establishing Policy and Procedures for allowance and write off of uncollectible accounts. Accordingly, staff has reviewed the unclaimed funds presented in Attachments A and B, and recommends escheating the funds to the City in accordance with the policy.

BACKGROUND:

Each year the City of Covina routinely issues checks for vendor payments and various types of refunds. The City accumulates outstanding checks that remain unclaimed, although attempts are made to contact payees in order to reissue the checks. Additionally, monies have accumulated in the Police Department Found Property and Safekeeping fund that result from various Police Department activities and have remained unclaimed and can become the City’s property. Furthermore, staff annually reviews accounts receivable balances and assess collectability to ensure City assets are not overstated.

DISCUSSION:

Stale- Dated Checks, Deposits and Refunds:

Section 50050 of the California Government Code states that monies that are not property of the City with an individual amount of $15 or more, and more than (3) years old may become property of the City of Covina following publication in a newspaper of general circulation published in the local agency by the Treasurer once a week for two successive weeks. As of December 31, 2023, the City held a total amount of $52,369.97 as detailed in Attachment A. The total amount includes water refunds in the amount of $5,052.17, as well as stale dated checks totaling $8,370.83. Additionally, the Police Evidence Reserve fund has $38,946.97 in unclaimed monies pertaining to Police Evidence and Found Property/Safekeeping cases. These funds accumulate as a result of various Police Department operational activities including processing of evidence and found property. These monies also meet the criteria under Section 50050, and are illustrated in Attachment A and can be escheated.

Notice will be published once a week for two consecutive weeks beginning on March 28, 2024, and April 4, 2024, in the San Gabriel Valley Examiner. All valid claims received by the filing deadline of May 9, 2024, will be processed within sixty days. Amounts subject to California Government Code Section 50050 totaling $52,369.97 (less any valid claims), will be recognized as revenue in the General Fund of the City on May 16, 2024, not less than forty-five (45) days; nor more than sixty (60) days after the first publication of the notice.

Furthermore, Section 50055 of the California Government Code states that monies that are not property of the City and are more than (1) year old and less than $15, may be transferred by the City’s legislative body to the General Fund without public notice in a newspaper. The City’s general ledger shows unclaimed refunds with an individual amount of less than $15 that are twelve months or older totaling $276.37 (Attachment B). Upon approval of the City Council, these funds may be transferred to the General Fund and recognized as revenues.

Instructions for claiming unclaimed property have been posted on the Covina City Hall bulletin board located at 125 E. College St, Covina, CA 91723. The Claim for Unclaimed Property form has also been placed in the Covina City Clerk’s office and can be completed with proper supporting documentation and can be mailed to or dropped off at the Administrative Services Department – Finance Division of Covina City Hall. These documents are attached hereto as Attachment C & D respectively.

FISCAL IMPACT:

Upon completion of the noticing and escheatment protocols, any remaining unclaimed funds, up to the amount of $52,646.34, will be recognized in the General Fund – Other Revenue Account 1010-0000-48990.

CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):

Not applicable.

Respectfully submitted,

CITY OF COVINA
PROPOSED UNCLAIMED FUNDS (PURSUANT TO CALIFORNIA GOVT CODE: SECTION 50050) FUND/GL ACCOUNTNAME/CASE # DESCRIPTION DATE AMOUNT
2200-22010- 19-687 UNCLAIMED PROPERTY 10/22/20 $19.56
2200-22010- 20-2899 UNCLAIMED PROPERTY 10/22/20 18.00
FOUND PROPERTY/SAFEKEEPING TOTAL $37.56
2200-22000- 16-31803 POLICE EVIDENCE 03/16/18 $25.00
2200-22000- 16-35870 POLICE EVIDENCE 03/16/18 172.00
2200-22000- 16-35870 POLICE EVIDENCE 03/16/18 40.00
2200-22000- 16-35870 POLICE EVIDENCE 03/16/18 24.00
2200-22000- 17-1163 POLICE EVIDENCE 04/02/18 1,072.20
2200-22000- 17-7500 POLICE EVIDENCE 04/02/18 60.00
2200-22000- 17-12391 POLICE EVIDENCE 04/30/18 157.95
2200-22000- 17-15462 POLICE EVIDENCE 04/30/18 67.00
2200-22000- 17-17920 POLICE EVIDENCE 04/30/18 187.20
2200-22000- 17-17920 POLICE EVIDENCE 04/30/18 50.05
2200-22000- 11-2294 POLICE EVIDENCE 05/24/18 100.00
2200-22000- 16-10307 POLICE EVIDENCE 05/24/18 296.00
2200-22000- 16-15555 POLICE EVIDENCE 05/24/18 117.42
2200-22000- 16-18564 POLICE EVIDENCE 05/24/18 102.00
2200-22000- 16-24731 POLICE EVIDENCE 06/01/18 65.76
2200-22000- 16-27263 POLICE EVIDENCE 06/01/18 62.00
2200-22000- 16-28907 POLICE EVIDENCE 06/01/18 15.06
2200-22000- 16-29467 POLICE EVIDENCE 06/01/18 132.73
2200-22000- 16-29695 POLICE EVIDENCE 06/01/18 180.00
2200-22000- 16-29881 POLICE EVIDENCE 06/01/18 19.00
2200-22000- 16-32307 POLICE EVIDENCE 06/01/18 2,780.00
2200-22000- 16-32307 POLICE EVIDENCE 06/01/18 1,000.00
2200-22000- 16-32307 POLICE EVIDENCE 06/01/18 500.00
2200-22000- 17-18976 POLICE EVIDENCE 06/01/18 871.00
2200-22000- 17-31266 POLICE EVIDENCE 06/01/18 20.00
2200-22000- 17-18976 POLICE EVIDENCE 06/04/18 61.13
2200-22000- 17-26889 POLICE EVIDENCE 06/04/18 675.00
2200-22000- 17-27764 POLICE EVIDENCE 06/04/18 670.00
2200-22000- 16-37898 POLICE EVIDENCE 06/13/18 355.19
2200-22000- 17-18900 POLICE EVIDENCE 06/13/18 435.05
2200-22000- 17-35761 POLICE EVIDENCE 06/13/18 241.25
2200-22000- 17-37713 POLICE EVIDENCE 06/13/18 1,249.47
2200-22000- 18-5391 POLICE EVIDENCE 06/13/18 41.00
2200-22000- 16-18564 POLICE EVIDENCE 10/01/18 188.62
2200-22000- 18-10268 POLICE EVIDENCE 02/28/19 311.00
2200-22000- 18-5726 POLICE EVIDENCE 02/28/19 28.00
2200-22000- 18-15370 POLICE EVIDENCE 03/12/19 120.00
2200-22000- 18-19883 POLICE EVIDENCE 03/21/19 282.50
2200-22000- 18-19883 POLICE EVIDENCE 03/21/19 51.00
2200-22000- 18-20959 POLICE EVIDENCE 04/04/19 3,130.00
2200-22000- 18-26066 POLICE EVIDENCE 04/11/19 900.00
2200-22000- 18-26474 POLICE EVIDENCE 04/11/19 367.10
2200-22000- 18-27083 POLICE EVIDENCE 04/11/19 21.00
2200-22000- 18-30750 POLICE EVIDENCE 04/18/19 67.00
2200-22000- 18-31620 POLICE EVIDENCE 04/18/19 140.25
2200-22000- 18-32049 POLICE EVIDENCE 04/18/19 260.00
2200-22000- 18-33447 POLICE EVIDENCE 04/18/19 80.00
2200-22000- 18-33447 POLICE EVIDENCE 04/18/19 60.00
2200-22000- 18-33587 POLICE EVIDENCE 04/18/19 18.25
2200-22000- 18-33721 POLICE EVIDENCE 04/18/19 1,092.00
2200-22000- 18-35145 POLICE EVIDENCE 04/25/19 70.50
2200-22000- 18-35755 POLICE EVIDENCE 04/25/19 152.00
2200-22000- 19-4423 POLICE EVIDENCE 04/25/19 28.60
2200-22000- 19-5427 POLICE EVIDENCE 04/25/19 125.75
2200-22000- 19-6052 POLICE EVIDENCE 05/02/19 4,000.00
2200-22000- 19-6476 POLICE EVIDENCE 05/02/19 20.00
2200-22000- 19-10360 POLICE EVIDENCE 05/09/19 42.50
2200-22000- 19-6993 POLICE EVIDENCE 05/09/19 960.00
2200-22000- 19-6993 POLICE EVIDENCE 05/09/19 25.00
2200-22000- 19-7586 POLICE EVIDENCE 05/09/19 31.00
2200-22000- 19-10360 POLICE EVIDENCE 05/16/19 188.78
2200-22000- 19-10360 POLICE EVIDENCE 05/16/19 161.16

CITY OF COVINA
PROPOSED UNCLAIMED FUNDS (PURSUANT TO CALIFORNIA GOVT CODE: SECTION 50050) FUND/GL ACCOUNTNAME/CASE # DESCRIPTION DATE AMOUNT
2200-22000- 19-10360 POLICE EVIDENCE 05/16/19 49.42
2200-22000- 19-14532 POLICE EVIDENCE 06/13/19 500.00
2200-22000- 19-14532 POLICE EVIDENCE 06/13/19 143.00
2200-22000- 19-17958 POLICE EVIDENCE 04/23/20 144.88
2200-22000- 19-11702 POLICE EVIDENCE 04/28/20 84.30
2200-22000- 19-14290 POLICE EVIDENCE 04/28/20 101.00
2200-22000- 19-18914 POLICE EVIDENCE 04/28/20 140.50
2200-22000- 19-23480 POLICE EVIDENCE 04/28/20 217.00
2200-22000- 19-23754 POLICE EVIDENCE 04/28/20 386.00
2200-22000- 19-27130 POLICE EVIDENCE 05/13/20 120.00
2200-22000- 19-32218 POLICE EVIDENCE 05/19/20 28.25
2200-22000- 19-32764 POLICE EVIDENCE 05/19/20 19.64
2200-22000- 19-33967 POLICE EVIDENCE 05/19/20 204.00
2200-22000- 19-33967 POLICE EVIDENCE 05/19/20 22.51
2200-22000- 19-23480 POLICE EVIDENCE 05/27/20 36.11
2200-22000- 19-35799 POLICE EVIDENCE 05/27/20 419.00
2200-22000- 19-35799 POLICE EVIDENCE 05/27/20 53.00
2200-22000- 20-2053 POLICE EVIDENCE 05/27/20 20.00
2200-22000- 20-2418 POLICE EVIDENCE 06/10/20 368.31
2200-22000- 20-6241 POLICE EVIDENCE 06/10/20 1,900.00
2200-22000- 20-8688 POLICE EVIDENCE 06/10/20 902.00
2200-22000- 20-8688 POLICE EVIDENCE 06/10/20 552.00
2200-22000- 20-8688 POLICE EVIDENCE 06/10/20 213.00
2200-22000- 20-8688 POLICE EVIDENCE 06/10/20 165.00
2200-22000- 20-16323 POLICE EVIDENCE 10/29/20 940.00
2200-22000- 20-16323 POLICE EVIDENCE 10/29/20 264.00
2200-22000- 20-17717 POLICE EVIDENCE 10/29/20 227.00
2200-22000- 20-17910 POLICE EVIDENCE 10/29/20 20.00
2200-22000- 20-17735 POLICE EVIDENCE 11/05/20 708.02
2200-22000- 20-18074 POLICE EVIDENCE 11/05/20 1,083.00
2200-22000- 20-20291 POLICE EVIDENCE 11/19/20 18.00
2200-22000- 20-23186 POLICE EVIDENCE 11/19/20 1,032.00
2200-22000- 20-23186 POLICE EVIDENCE 11/19/20 20.00
2200-22000- 20-24398 POLICE EVIDENCE 12/03/20 2,791.00
2200-22000- 20-24413 POLICE EVIDENCE 12/03/20 251.00
POLICE EVIDENCE TOTAL $38,909.41

CITY OF COVINA
PROPOSED UNCLAIMED FUNDS (PURSUANT TO CALIFORNIA GOVT CODE: SECTION 50050) FUND/GL ACCOUNTNAME/CASE # DESCRIPTION DATE AMOUNT
60100000-20145 HOWL LIU WATER REFUND 01/03/19 $34.61
60100000-20145 MIGUEL HERNANDEZ WATER REFUND 01/11/19 182.14 60100000-20145 THE G STOP TRAIN WATER REFUND 01/11/19 52.19 60100000-20145 DENISE ROSE DAHLEN WATER REFUND 01/11/19 22.79 60100000-20145 VICTORIA HERITAGE WATER REFUND 01/25/19 38.17 60100000-20145 FEDERICO LOPEZ WATER REFUND 02/13/19 131.94 60100000-20145 SPENCER KELLY WATER REFUND 02/13/19 34.61 60100000-20145 MARY CATANIA WATER REFUND 02/22/19 37.93 60100000-20145 ROSA CHIPRESS WATER REFUND 02/22/19 25.75 60100000-20145 LYNN CHOU WATER REFUND 03/04/19 50.57
60100000-20145 LIEN TRAN WATER REFUND 03/28/19 36.79
60100000-20145 GJR CONSULTING WATER REFUND 04/05/19 61.04 60100000-20145 LUIS SALAZAR WATER REFUND 04/05/19 59.07 60100000-20145 MARISELA TORRES WATER REFUND 04/22/19 31.16 60100000-20145 PAW WAI WATER REFUND 05/06/19 72.28
60100000-20145 BEATRIZ TORRES WATER REFUND 05/20/19 107.50 60100000-20145 INDU NANDKISHORE WATER REFUND 05/21/19 233.50 60100000-20145 EDWARD VEGA WATER REFUND 05/21/19 59.84
60100000-20145 DENISE CASTELLANO WATER REFUND 05/21/19 39.77 60100000-20145 HIEN DO WATER REFUND 06/06/19 502.32
60100000-20145 JONATHAN LEUNG WATER REFUND 06/28/19 69.24 60100000-20145 NANCY COLE WATER REFUND 06/28/19 18.95
60100000-20145 BRILLIANT CORNERS WATER REFUND 07/22/19 38.20 60100000-20145 DERRICK DIXON WATER REFUND 07/22/19 17.66 60100000-20145 ANICA ARIAS WATER REFUND 07/22/19 16.91
60100000-20145 JESSE RODRIGUEZ WATER REFUND 08/09/19 202.98 60100000-20145 JENNIFER BRITTAIN WATER REFUND 08/09/19 34.37 60100000-20145 JAVID SHEN WATER REFUND 08/09/19 21.50
60100000-20145 PATRICIA COLE WATER REFUND 08/09/19 18.28 60100000-20145 JORGE BILLARINO WATER REFUND 08/30/19 277.07 60100000-20145 QUANDA LIANG WATER REFUND 09/03/19 142.77 60100000-20145 DONNA WEIGEL WATER REFUND 09/03/19 79.43 60100000-20145 CYNTHIA MACGRATH WATER REFUND 09/03/19 49.21 60100000-20145 R HOLLINGSHEAD WATER REFUND 09/03/19 23.99 60100000-20145 ROBERT BAKER WATER REFUND 09/10/19 35.42 60100000-20145 PENG LANG WATER REFUND 10/18/19 174.19
60100000-20145 PAUL GILBERT DE OCA WATER REFUND 10/18/19 63.85 60100000-20145 MICHELE ATENCIO WATER REFUND 10/18/19 44.83 60100000-20145 NASHAT SOLIMAN WATER REFUND 11/04/19 43.33 60100000-20145 IVONNE CAMACHO WATER REFUND 11/22/19 31.97 60100000-20145 MARTHA MUNOZ WATER REFUND 04/30/20 77.47 60100000-20145 EVCHC - RALPH JUERTA WATER REFUND 07/31/20 420.62 60100000-20145 MONTAGUE MOTORS WATER REFUND 07/31/20 223.29 60100000-20145 CARLA ATTAWAY WATER REFUND 07/31/20 172.22 60100000-20145 JOSE L GUTIERREZ WATER REFUND 07/31/20 95.71 60100000-20145 GREG PETERSON WATER REFUND 07/31/20 89.61 60100000-20145 ELIZABETH JONES WATER REFUND 07/31/20 88.85 60100000-20145 ROSLINE ALRACHID WATER REFUND 07/31/20 80.00 60100000-20145 REMAX MASTERS REALTY C/O GREG YOUNG AGENT WATER REFUND 07/31/20 80.00 60100000-20145 WINKELMANN REALTY WATER REFUND 07/31/20 71.23 60100000-20145 CLIPPINGER CHEVROLET WATER REFUND 07/31/20 69.74 60100000-20145 LISA MONTES WATER REFUND 07/31/20 67.24
60100000-20145 KAREN HAGAN WATER REFUND 07/31/20 62.96
60100000-20145 HORTENSIA MORINICO WATER REFUND 07/31/20 62.36 60100000-20145 AMAR ISSA WATER REFUND 07/31/20 55.05
60100000-20145 WESTFIELD AMERICA INC #12224 WATER REFUND 07/31/20 48.30 60100000-20145 WALTER RAMIREZ WATER REFUND 07/31/20 37.81 60100000-20145 PRIORITY FINANCIAL- ROBERT MARTINEZ WATER REFUND 07/31/20 31.59 WATER REFUNDS TOTAL $5,052.17

CITY OF COVINA
PROPOSED UNCLAIMED FUNDS (PURSUANT TO CALIFORNIA GOVT CODE: SECTION 50050) FUND/GL ACCOUNTNAME/CASE # DESCRIPTION DATE AMOUNT
10100000-22010 CESAR MARQUEZ STALE DATED CHECK 94128 01/24/19 $32.00 10100000-22010 LULU ESCARENO STALE DATED CHECK 94143 01/24/19 32.00 10100000-22010 ROBERT LANE STALE DATED CHECK 94234 01/31/19 30.66 10100000-22010 NESTOR,ROMERO STALE DATED CHECK 94517 02/21/19 45.00 10100000-22010 Xiu Zhang STALE DATED CHECK 94729 03/07/19 37.02 10100000-22010 Rebecca Tirre STALE DATED CHECK 94724 03/07/19 42.31 10100000-22010 Ana M. Nino STALE DATED CHECK 94706 03/07/19 73.21 10100000-22010 Patricia Banuelos STALE DATED CHECK 94846 03/14/19 47.00 10100000-22010 LORRANIE BUGARIN STALE DATED CHECK 94842 03/14/19 59.00 10100000-22010 MARIA MENDEZ STALE DATED CHECK 94843 03/14/19 79.00 10100000-22010 MELISSA M. BRYANT STALE DATED CHECK 94844 03/14/19 101.00 10100000-22010 YVETTE GARCIA STALE DATED CHECK 95189 04/04/19 46.00 10100000-22010 SIAUWING JEAW STALE DATED CHECK 95289 04/11/19 93.56 10100000-22010 JANEEL D. GALLOWAY STALE DATED CHECK 95511 04/24/19 101.00 10100000-22010 ROSALIA COLORADO STALE DATED CHECK 95520 04/24/19 101.00 10100000-22010 JESSICA DELAVEGA STALE DATED CHECK 95728 05/09/19 18.00 10100000-22010 LEAH D. SANDERS STALE DATED CHECK 95731 05/09/19 19.00 10100000-22010 VERONICA MONES STALE DATED CHECK 95743 05/09/19 62.30 10100000-22010 CARMELO CORTES STALE DATED CHECK 95720 05/09/19 96.00 10100000-22010 WILLIAM J. TORO STALE DATED CHECK 95838 05/16/19 62.00 10100000-22010 NATALIE JAIMES STALE DATED CHECK 95833 05/16/19 85.00 10100000-22010 BRIAN P. ARMEDILLA STALE DATED CHECK 95819 05/16/19 101.00 10100000-22010 ANGELICA MCLAUGHLIN STALE DATED CHECK 95817 05/16/19 304.00 10100000-22010 TROY J. FLEISCHER STALE DATED CHECK 96003 05/30/19 30.00 10100000-22010 EAN, HOLDINGS, LLC STALE DATED CHECK 95994 05/30/19 45.00 10100000-22010 LISA M. ORTEGA STALE DATED CHECK 95998 05/30/19 45.00 10100000-22010 TIANCHENG DON STALE DATED CHECK 96335 06/20/19 30.00 10100000-22010 ENVIRONMENTAL NATURE CENTER STALE DATED CHECK 96270 06/20/19 423.06 10100000-22010 JACQUELINE SUAREZ STALE DATED CHECK 96444 06/27/19 45.00 10100000-22010 MANUEL G. ARROYO STALE DATED CHECK 96449 06/27/19 101.00 10100000-22010 LISBETH N. NAJERA STALE DATED CHECK 96779 07/18/19 101.00 10100000-22010 ROCIO CABRERA STALE DATED CHECK 96787 07/18/19 101.00 10100000-22010 GREEN CENTURY INVESTMENTS STALE DATED CHECK 97069 08/01/19 24.37 10100000-22010 GINA LAWRENCE STALE DATED CHECK 97067 08/01/19 45.00 10100000-22010 KIN HO CHEUNG STALE DATED CHECK 97074 08/01/19 45.00 10100000-22010 STEVEN LUU STALE DATED CHECK 97094 08/01/19 64.49 10100000-22010 EILEEN T. JORDAN STALE DATED CHECK 97062 08/01/19 87.00 10100000-22010 JOHN WIESE STALE DATED CHECK 97071 08/01/19 144.07 10100000-22010 CAROL GROH STALE DATED CHECK 97352 08/21/19 17.87 10100000-22010 ANTHONY CASTANEDA STALE DATED CHECK 97576 09/05/19 34.00 10100000-22010 JEREMY GONZALES STALE DATED CHECK 97595 09/05/19 35.00 10100000-22010 PAIGE L. SEARS STALE DATED CHECK 97607 09/05/19 78.60 10100000-22010 BRIAN CISNEROS STALE DATED CHECK 97578 09/05/19 101.00 10100000-22010 CESAR D. BALTAZAR STALE DATED CHECK 97580 09/05/19 101.00 10100000-22010 DANNY J. FUENTES STALE DATED CHECK 97582 09/05/19 101.00 10100000-22010 JOHN ALBERT PARKER III STALE DATED CHECK 97596 09/05/19 101.00 10100000-22010 MICHAEL A. CHAVEZ STALE DATED CHECK 97602 09/05/19 101.00 10100000-22010 SABRINA A. RODRIGUEZ STALE DATED CHECK 97611 09/05/19 101.00 10100000-22010 DAVID A. GRIFFIN STALE DATED CHECK 97583 09/05/19 139.33 10100000-22010 PALMDALE COMMERCE, LLC STALE DATED CHECK 97967 09/26/19 69.89 10100000-22010 TIFFANY PEACOCK STALE DATED CHECK 98212 10/10/19 66.00 10100000-22010 GERALD D. DAVIES STALE DATED CHECK 98401 10/24/19 30.00 10100000-22010 PRINCESS BROWN STALE DATED CHECK 98406 10/24/19 66.00 10100000-22010 KIMBERLY MEJIA STALE DATED CHECK 98403 10/24/19 101.00 10100000-22010 SHERYL SUAREZ MAGLANQUE STALE DATED CHECK 98876 11/27/19 30.00 10100000-22010 ANNA MARIE CONTRERAS STALE DATED CHECK 98855 11/27/19 74.59 10100000-22010 MIGUEL D. IBARRA STALE DATED CHECK 99203 12/19/19 45.00 10100000-22010 MYRA AVALOS STALE DATED CHECK 99471 01/16/20 19.39 10100000-22010 ERIKA GARCIA STALE DATED CHECK 99582 01/23/20 80.00 10100000-22010 EVA WAN STALE DATED CHECK 99775 02/06/20 30.00 10100000-22010 EMMA CABRERA RAMIREZ STALE DATED CHECK 99774 02/06/20 45.00 10100000-22010 CLASSIC, DIST/BEV GROUP INC STALE DATED CHECK 99770 02/06/20 75.00 10100000-22010 JOE B. SLEIMAN STALE DATED CHECK 100174 03/05/20 45.00 10100000-22010 JOHN DUNCAN GRAHAM STALE DATED CHECK 100175 03/05/20 101.00 10100000-22010 Enrichment Programs In Communities STALE DATED CHECK 100128 03/05/20 381.70 10100000-22010 GRIFFIN RIGBY CASTELLANO STALE DATED CHECK 100519 04/02/20 30.00 10100000-22010 MAVEN, LSG, LTD, LSR STALE DATED CHECK 100522 04/02/20 45.00 10100000-22010 OSITA OKAMMELU C. STALE DATED CHECK 100523 04/02/20 100.00 10100000-22010 Camila A. Leon STALE DATED CHECK 100582 04/08/20 29.40 10100000-22010 JULIE KAPLAN STALE DATED CHECK 100618 04/08/20 100.00 10100000-22010 EILEEN PEREZ STALE DATED CHECK 101033 05/13/20 24.00 10100000-22010 MARIAELENA PATZI STALE DATED CHECK 101322 06/10/20 50.00

CITY OF COVINA
PROPOSED UNCLAIMED FUNDS (PURSUANT TO CALIFORNIA GOVT CODE: SECTION 50050) FUND/GL ACCOUNTNAME/CASE # DESCRIPTION DATE AMOUNT
10100000-22010 RUBIN GROUP LLC-MUNCHS STALE DATED CHECK 101686 07/09/20 302.49 10100000-22010 LUIS NEIBLA STALE DATED CHECK 101682 07/09/20 484.00 10100000-22010 DAMIAN SAMMY CRUZ STALE DATED CHECK 101884 07/22/20 47.00 10100000-22010 JUSTIN R. STERRY STALE DATED CHECK 101902 07/22/20 101.00 10100000-22010 MICHELLE BERNAL STALE DATED CHECK 101910 07/22/20 115.00 10100000-22010 DAVID EUGENE MOSQUEDA STALE DATED CHECK 101886 07/22/20 202.00 10100000-22010 MARK L. CHAVARIN STALE DATED CHECK 102094 08/05/20 91.00 10100000-22010 MICHAEL R. ARIAS STALE DATED CHECK 102095 08/05/20 101.00 10100000-22010 PERRY WALLACE UNRUH STALE DATED CHECK 102097 08/05/20 101.00 10100000-22010 TRIPLE M ENTERPRISES STALE DATED CHECK 102101 08/05/20 440.52 10100000-22010 MARIAELENA PATZI STALE DATED CHECK 102482 09/03/20 50.00 10100000-22010 SARAHI ANTILLON STALE DATED CHECK 103352 10/04/20 80.00 10100000-22010 SONIA OLIVAREZ STALE DATED CHECK 103229 10/28/20 45.00 10100000-22010 MARCELA MONTANO STALE DATED CHECK 103217 10/28/20 90.00 10100000-22010 NORMA GARCIA STALE DATED CHECK 103221 10/28/20 101.00 10100000-22010 HEIDI L. GARCIA STALE DATED CHECK 103335 11/04/20 17.00 10100000-22010 LETICIA IBARRA STALE DATED CHECK 103337 11/04/20 30.00 10100000-22010 KRYSTAL CONTRERAS STALE DATED CHECK 103449 11/12/20 80.00 10100000-22010 JORGE RIVERA HERNANDEZ STALE DATED CHECK 103570 11/18/20 30.00 10100000-22010 ARTURO SANDOVAL STALE DATED CHECK 103556 11/18/20 30.00 10100000-22010 JOSE BLANCO STALE DATED CHECK 103571 11/18/20 80.00 10100000-22010 VICTORIA FERNANDEZ STALE DATED CHECK 103584 11/18/20 101.00 10100000-22010 GELCO CORPORATION, LSR STALE DATED CHECK 103676 11/25/20 30.00 10100000-22010 GELCO CORPORATION, LSR STALE DATED CHECK 103677 11/25/20 30.00 10100000-22010 PORFHY JESUS OCHOA STALE DATED CHECK 103691 11/25/20 45.00 STALE DATED CHECKS TOTAL $8,370.83
GRAND TOTAL $52,369.97

CITY OF COVINA
PROPOSED UNCLAIMED FUNDS (PURSUANT TO CALIFORNIA GOVT CODE: SECTION 50055) FUND/GL ACCOUNT NAME/CASE # DESCRIPTION EFF DATE JOURNAL AMOUNT 2200-22010- 21-24939 UNCLAIMED PROPERTY 04/04/19 $1.00
2200-22010- 21-4053 UNCLAIMED PROPERTY 04/04/19 0.12
2200-22010- 20-28011 UNCLAIMED PROPERTY 05/02/19 2.00
2200-22010- 20-28135 UNCLAIMED PROPERTY 05/02/19 4.00
2200-22010- 21-12082 UNCLAIMED PROPERTY 05/02/19 1.30
2200-22010- 20-28591 UNCLAIMED PROPERTY 05/16/19 4.00
2200-22010- 21-2104 UNCLAIMED PROPERTY 04/28/20 7.93
2200-22010- 14-4612 UNCLAIMED PROPERTY 05/27/20 13.00
2200-22010- 22-15789 UNCLAIMED PROPERTY 09/21/22 0.95
2200-22010- 22-8072 UNCLAIMED PROPERTY 09/21/22 2.00
2200-22010- 21-11454 UNCLAIMED PROPERTY 09/28/22 2.00
2200-22010- 21-14289 UNCLAIMED PROPERTY 09/28/22 0.57
2200-22010- 21-28097 UNCLAIMED PROPERTY 09/28/22 8.12
2200-22010- 21-33350 UNCLAIMED PROPERTY 09/28/22 1.01
2200-22010- 22-14951 UNCLAIMED PROPERTY 09/28/22 3.26
2200-22010- 21-35808 UNCLAIMED PROPERTY 10/04/22 6.00
2200-22010- 21-7277 UNCLAIMED PROPERTY 10/04/22 6.08
2200-22010- 22-13645 UNCLAIMED PROPERTY 10/04/22 6.43
2200-22010- 22-14578 UNCLAIMED PROPERTY 10/04/22 1.00
2200-22010- 22-15100 UNCLAIMED PROPERTY 10/04/22 9.00
2200-22010- 22-19328 UNCLAIMED PROPERTY 10/04/22 0.71
2200-22010- 22-4475 UNCLAIMED PROPERTY 10/04/22 1.00
2200-22010- 22-23233 UNCLAIMED PROPERTY 11/29/22 1.00
FOUND PROPERTY/SAFEKEEPING TOTAL $82.48
2200-22000- 19-15122 POLICE EVIDENCE 04/23/20 $10.00
2200-22000- 19-11325 POLICE EVIDENCE 04/28/20 9.41
2200-22000- 19-14111 POLICE EVIDENCE 04/28/20 1.00
2200-22000- 19-16632 POLICE EVIDENCE 04/28/20 2.10
2200-22000- 19-28052 POLICE EVIDENCE 05/13/20 1.00
2200-22000- 19-32218 POLICE EVIDENCE 05/27/20 3.00
2200-22000- 20-7133 POLICE EVIDENCE 06/10/20 2.00
2200-22000- 20-17735 POLICE EVIDENCE 10/29/20 1.77
2200-22000- 20-14269 POLICE EVIDENCE 11/05/20 13.59
2200-22000- 20-20213 POLICE EVIDENCE 11/19/20 1.00
2200-22000- 20-20666 POLICE EVIDENCE 11/19/20 1.00
2200-22000- 20-32809 POLICE EVIDENCE 04/21/21 2.00
2200-22000- 20-33167 POLICE EVIDENCE 04/21/21 1.00
2200-22000- 21-1339 POLICE EVIDENCE 05/05/21 3.00
2200-22000- 21-2406 POLICE EVIDENCE 06/21/21 1.45
2200-22000- 21-2677 POLICE EVIDENCE 06/21/21 2.00
2200-22000- 21-11755 POLICE EVIDENCE 07/13/21 15.00
2200-22000- 21-9762 POLICE EVIDENCE 09/29/21 10.52
2200-22000- 21-21609 POLICE EVIDENCE 11/23/21 2.40
2200-22000- 21-30118 POLICE EVIDENCE 01/25/22 10.00
2200-22000- 21-5583 POLICE EVIDENCE 01/25/22 2.00
2200-22000- 21-35922 POLICE EVIDENCE 03/31/22 11.78
2200-22000- 21-35922 POLICE EVIDENCE 03/31/22 7.00
2200-22000- 22-8977 POLICE EVIDENCE 07/14/22 4.50
2200-22000- 15-24196 POLICE EVIDENCE 09/21/22 0.50
2200-22000- 22-17466 POLICE EVIDENCE 10/25/22 0.06
2200-22000- 22-27993 POLICE EVIDENCE 10/25/22 10.00
2200-22000- 22-28205 POLICE EVIDENCE 10/25/22 2.00
2200-22000- 22-32301 POLICE EVIDENCE 11/29/22 10.00
POLICE EVIDENCE TOTAL $141.08

CITY OF COVINA
PROPOSED UNCLAIMED FUNDS (PURSUANT TO CALIFORNIA GOVT CODE: SECTION 50055) FUND/GL ACCOUNT NAME/CASE # DESCRIPTION EFF DATE JOURNAL AMOUNT 10100000-22010 MARIO R. DELACRUZ STALE DATED CHECK 103340 11/04/20 $14.00 10100000-22010 VINCENZO J. INMON STALE DATED CHECK 104790 02/18/21 9.00 10100000-22010 GERARDO FERNANDEZ STALE DATED CHECK 107159 07/29/21 5.00 10100000-22010 JAVIER C. ESTEVEZ STALE DATED CHECK 107293 08/05/21 10.00 10100000-22010 GERARDO GARCIA STALE DATED CHECK 108939 12/01/21 13.81 10100000-22010 JONATHAN NOLAN STALE DATED CHECK 112069 07/14/22 1.00 STALE DATED CHECKS TOTAL $52.81
GRAND TOTAL $276.37

ATTACHMENT C
125 East College Street  Covina, California 91723-2199

INSTRUCTIONS FOR CLAIMING UNCLAIMED PROPERTY
To file a claim for unclaimed property:

1. To make a claim for unclaimed money, the claimant must complete and submit a Claim for Unclaimed Property form. Please include all required documentation. NOTE: A separa te claim form is not required for each item of property owned by the same owner. Just add additional pages as needed to provide the pertinent information for each item of property claimed.

2. The form may be typed or filled out by hand in black or blue ink.

3. For all claims, the claimant must show proof of identity and proof of ownership of the property. Proof of identity may be provided by a valid governmental photo identification (e.g., driver’s license, passport, or a government employer identification badge) . Proof of ownership will vary depending on the nature of the property claimed, but may include proof of residence or ownership at a particular address or proof of a relationship (vendor, employee, contractor, etc.) with the City at a specified time.

4. If the claimant is claiming the money on behalf of a business entity, the claimant must provide proof that he or she has legal authority to make such request. Proof of authority can be, for example, but is not limited to, a signed letter from the owner or CEO o f the company on company letterhead.

5. If the money is being requested to be paid to someone other than the original owner or payee (e.g., to a person instead of to the business entity), the City requires a written, signed statement made under penalty of pe rjury and other pertinent legal documents which shall justify the change in payee.

6. All pertinent information called for on the form must be filled in or otherwise provided.

The claim form must be signed by the claimant, and the signature must be notarized if the claim is for $100 or more.

7. For claims submitted by an agent on behalf of the claimant under power of attorney, the power of attorney form must have the notarized signature of the claimant, and the claim form must also have a notarized signature of t he claimant.

ATTACHMENT D
125 East College Street  Covina, California 91723-2199

8. Completed claim forms and supporting documentation must be mailed to:

City of Covina
Administrative Services Department – Finance Division
Attn: Unclaimed Property
125 E. College St.

Covina, CA 91723-2199
All original forms must be received by the City by 6:00p.m. of the filing deadline. PDF copies received by email will be accepted only for purposes of meeting a filing deadline; however, the claim form with an original signature must be received by the Cit y within five business days of the filing deadline in order to process the claim. If the original claim is not received within five business days, the PDF claim will be rejected.

Once a proper claim has been received by the City, the propriety of the cla im will be evaluated and the claimant will be notified if any further information is needed.

9. If you have any questions, please email [email protected] or mail questions to the above address.

Please note that it may take up to 60 days to process your claim and, if approved, approximately 15 additional days for you to receive payment. This process may take longer under certain circumstances.

Claim for Unclaimed Property
City of Covina
Attn: Unclaimed Property
125 E. College St.

Covina, CA 91723
Form may be typed or filled out with black or blue ink.

CLAIMANT INFORMATION
Name Address
City/State/Zip Code
Last Four Digits of Your Social Security Number

ACCOUNTING ONLY
CLAIM NO.

DATE RECEIVED
Telephone Number
Email Address
Business Name, if applicable
Business Taxpayer ID#
CLAIM INFORMATION: Attach all documentation to support your claim.

For claims that have not been notarized, include proof of identity (clear copy of passport, DMV license, or DMV ID card). If you are claiming multiple items from the unclaimed property list, please provide this information for each item claimed.

Name (as listed on the unclaimed property listing):

Amount (from the unclaimed property listing): Fund (from the unclaimed property listing):

PREVIOUS ADDRESSES: Please list your previous addresses as support for your claim. Use additional paper, if needed.

CERTIFICATION OF CLAIMANT
If the total
amount claimed
is $100 or more,
the SIGNATURE MUST BE NOTARIZED
I certify under penalty of perjury that the information contained in this claim is true and correct and of my own personal knowledge.

I further certify that I am the owner of or the person legally entitled to the money and property set forth in this claim or I am an authorized representative of this business.

SIGNED:

TITLE, if applicable:

NOTARY ACKNOWLEDGMENT
State of California
County of
On , before me, , a Notary
Public, personally appeared , who
proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her signature on this document the person, or the entity upon behalf of which the person 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.
(Seal)

DISPOSITION
Accepted
Rejected

DO NOT WRITE IN THE SECTIONS BELOW THIS LINE
Escheator
Date:

THIS CLAIM IS APPROVED FOR PAYMENT
OR Date:

Finance Manager Administrative Services Director

ATTACHMENT D

Approved by vote
o Not approvedlDenied by vote,_--___.____
o Continued to
Adopted Resolution No. a
alntroduced/ Adopted Ordinance No. CITY OF COVINA

AGENDA ITEM COMMENTARY
MEETING DATE: June 17, 2014 ITEM NO.: CC21
STAFF SOURCE: Dilu De Alwis, Finance Director Ufr
Tricia Cole, Finance Manager
ITEM TITLE: Resolution Adopting Policy and Procedures for Escheat of Unclaimed Property for the City of Covina.

STAFF RECOMMEDATION:

Adopt Resolution Number 14- 7256 approving policy and procedures for the Escheat of Unclaimed Property.

FISCAL IMPACT:

There is no fiscal impact associated with the approval of this policy. However, the practice of escheating unclaimed property to the City will result in revenue to the General Fund. The amount will vary depending on the aggregate dollar amount of items processed annually.

BACKGROUND:

The City routinely issues checks including vendor payments and various types of refunds. In addition, various amounts are placed on deposit with the City per City Ordinance or as otherwise legally required. Occasionally, checks are returned because the owner cannot be located at the last known address or the City is unable to return deposits held because the legal owner is unknown.

The attached Policy and Procedure document provides authoritative guidance to City staff in order to meet the legal requirement for unclaimed property according to Government Code Sections 50050- 50056.

RELEVANCE TO THE STRATEGIC PLAN:

While not related to the Strategic plan, the approval and implementation of this policy and procedures document will promote responsible fiscal stewardship.

EXHIBITS:

A. Policy and Procedures for Escheat of Unclaimed property.

B. Resolution No. 14- 7256

ATTACHMENT E

REVIEW TEAM ONLY
City Attorne y: rte Finance Director:

City Manager: Other:

RESOLUTION NO. 14- 7256

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

CALIFORNIA, APPROVING POLICY AND PROCEDURES FOR

ESCHEAT OF UNCALAIMED PROPERTY
WHEREAS, the City of Covina is a municipal corporation duly organized and existing pursuant to the constitution and laws of the Stare of California(" City); and WHEREAS, the City is required to process all unclaimed property according to Government Code 50050- 50056; and
WHEREAS, the attached policy and procedures provides the authoritative guidance for City staff responsible for meeting such legal requirement; and NOW THEREFORE, BE IT RESOLVED AND ORDERED by the City Council of the City of Covina, as follows:

SECTION 1. Approve the attached Escheat of Unclaimed Property Policy and Procedures
SECTION 2. The City Clerk shall certify to the adoption of this resolution.

PASSED, APPROVED AND ADOPTED this
17th
day of JUNE, 2014.

Peggy Delach, Mayor, City of Covina
ATTEST:

Mary Lou Walczak, City Clerk
APPROVED AS TO FORM;
Marco Martinez, City Attorney
Resolution No. 14- 7256 Page 1 of 2 June 17, 2014)

CERTIFICATION
I, Catherine M. LaCroix, Senior Deputy City Clerk of the City of Covina, hereby CERTIFY that Resolution No. 14- 7256 was adopted by the Covina City Council at a regular meeting of the City Council held this 17th day of June, 2014, and was approved and passed by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Catherine M. LaCroix
Senior Deputy City Clerk
Resolution No. 14- 7256 Page 2 of 2 June 17, 2014)

t _ ' 1 City of Covina Policy and Procedure Manual
c\ '
4ttr• Rs
Policy Name: Escheat of Unclaimed Property Effective Date: June 17, 2014 Section No.: 17. 00 Revised Date: N/ A
Source: Review Date: June 17, 2015
Authority: Government Code 50050- 50056
Department: Finance

PURPOSE
The purpose of this policy is to establish a uniform and cost- effective method for the treatment of abandoned or unclaimed money, in the City' s possession, consistent with the law as set forth in Government Code Sections 50050 through 50056.

17. 10 POLICY
This Policy is established to provide for the escheatment of unclaimed money, including unclaimed checks, to the City of Covina, consistent with the provisions of Government Code Sections 50050 through 50056. In the event of any conflict between the provisions of the Government Code and the provisions of this Policy, the provisions of the Government Code shall prevail.

Summary of State Law
Money that is not the property of the City of Covina that remains unclaimed for a period of more than three (3) years is the property of the City of Covina not less than forty-five (45) days nor more than sixty ( 60) days after the initial public notice if not claimed or if no verified complaint is filed and served. ( Sections 50050 and 50051) At any time after the expiration of the three ( 3) year period, the Finance Director ( or his designee) of the City of Covina may cause a notice to be published once a week for two successive weeks in a newspaper of general circulation published in the City of Covina.

Section 50050)
Any individual items of less than fifteen dollars ($ 15), or any amount if the depositor' s name is unknown, which remain unclaimed for the period of one ( 1) year may be transferred to the originating fund on or general fund upon council approval without public notice. ( Section 50055)
Unclaimed Property Page 1

17. 20 PROCEDURES
A. The Finance Director shall designate a Department of Finance employee to serve as the City Escheator to oversee and coordinate the escheat process for all City departments. In addition, the City Manager may appoint other individuals to serve as the escheator for their respective departments. The departmental escheators shall coordinate their escheat efforts through and at the direction of the City Escheator.

B. Any individual item( s) of money in the City' s possession which are eligible for disbursement to its owner but remains unclaimed after ( 1) year for items less than fifteen dollars ($ 15) and ( 3) years or more for items greater than fifteen dollars ($ 15) shall be identified on an annual basis. The City Escheator and the departmental escheators shall establish and coordinate escheat schedules for all unclaimed money being held by all City departments.

1. The escheat schedules shall contain:
a. A list of individual items of money held by each department which have been identified as being unclaimed, along with its last known owner and their address, if any;
b. The schedule shall also show the dollar amount for each item and; c. The date that it became classified as unclaimed.

2. This unclaimed money will then be separated into two categories:
a. Individual items of unclaimed money less than fifteen dollars ($ 15) and; b. Individual claimed items of fifteen dollars ($ 15) or more.

3. All Escheators within the City are responsible for documenting correspondence with owners and claimants and maintaining files of all claims in accordance with the City' s records retention schedule
C. Any individual item of less than fifteen dollars ($ 15) or any amount, if the depositor' s name is unknown, which remains unclaimed for a period of one ( 1) year will be transferred to the General Fund by the City Council without the necessity of public notification in a newspaper.

D. At any time after the expiration of the three ( 3) year period, for any individual item held in excess of fifteen dollars ($ 15), the Finance Director ( or his designee) may cause a notice to be published once a week for two successive weeks in a newspaper of general circulation published in the City of Covina.

1. The notice shall include the following information:
a. The name of the last known owner of the unclaimed money as shown on the issued check; security deposit, etc.;
b. The amount of money;
c. The fund in which it is held;
Unclaimed Property Page 2

d. A statement announcing that the money shall become the property of the City on a date that is not less than forty- five ( 45) days; nor more than sixty ( 60) days after the first publication of notice;
e. How to obtain claim form;
f. Where to file a claim.

2. Upon the close of business on the forty-fifth ( 45) day after publication of the first notice, the unclaimed items become the property of the City of Covina.

3. All permanently escheated unclaimed money shall be transferred to the General Fund pursuant to Council resolution.

E. Upon or prior to publication, a party of interest may file a claim form which the Finance Director will review and approve or reject.

1. The claim must include the following information:
a. The claimant' s name, address and telephone number;
b. The Social Security Number or Federal Employer Identification Number; c. Proof of identity such as a copy of a driver' s license, social security card or birth certificate;
d. Amount of the claim;
e. The grounds on which the claim is founded.

F. Upon approval, the Finance Director ( or his designee) may release to the depositor of the unclaimed money, their heir, beneficiary, or duly appointed representative, unclaimed money if:

1. Claim is filed prior to the date the money becomes the property of the City of Covina;

2. Proof substantiating the claim is conveyed in writing;

3. All legal documentation is secured.

G. Upon rejection of said depositor' s claim by the Finance Director ( or his designee), the depositor may file a verified complaint seeking to recover all, or a designated part, of the money in a court within Los Angeles County. The Finance Director ( or his designee) shall be served a copy of the complaint and summons which must be served within thirty ( 30) days of receiving notice that the claim was rejected. The Finance Director ( or his designee) shall withhold the release of the portion of unclaimed money for which a court action has been filed until a decision is rendered by the court.

H. Accounting for unclaimed property is as follows:

1. Once the City has identified money as being unclaimed, the escheator shall prepare an accounting journal to reclassify the property to the General Fund cash account Unclaimed Property Page 3

0000 10200) and the escheat liability, " Unclaimed Property" account ( 1010 22010).

2. As soon as the City may permanently escheat the unclaimed money, the escheator shall prepare an accounting journal to debit the escheat liability " Unclaimed Property" account ( 1010 22010) and credit the escheat revenue account ( 1010 48990).

3. All payments for approved claims will be charged to the " Unclaimed Property" escheat liability account ( 1010 22010)

DEFINITIONS
Claimant - An individual or business who submits a valid claim for unclaimed money held by the City.

City Escheator- The City official designated to oversee the escheat of unclaimed money held by the City. The Director of Finance, or his or her designee, shall serve as the City Escheator Departmental Escheator - The City Manager may designate persons in other City departments to serve as the escheator for their respective departments to assist the City Escheator, as needed. Departmental escheators are to coordinate their escheat activities through the City Escheator.

Escheat - The act or process of a government entity acquiring legal ownership by operation of law of unclaimed money in its possession for which there is no known owner or because the owner fails to timely claim the property within the statutory limitation period.

Owner - The individual( s) or business that has legal title to or legal right of ownership of the unclaimed money.

Unclaimed Money - Money in the possession of the City for which its original owner has not claimed an interest in the money for 3 or more years, or one year if less than $ 15.

REFERENCES
California Government Code 50050- 50056
Unclaimed Property Page 4

CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. CC 18
Meeting: March 19, 2024
Title: Confirm and Approve City Council’s Appointments to Various City of Covina Boards and Commissions
Presented by: Chris Marcarello, City Manager
Fabian Velez, Chief Deputy City Clerk
Recommendation: Approve the City Council’s appointments to various City of Covina Boards and Commissions.

EXECUTIVE SUMMARY/ BACKGROUND:

Public involvement is crucial to the City’s decision-making process, and appointed advisory bodies are an important and valued part of City government. There are particular areas of decision-making which benefit from the advice and counsel of qualified residents. By advising the City Council and staff, bringing new ideas to the table, and representing all of the diverse elements of our community, advisory bodies assist the City Council in making the best, most informed decisions possible, for the benefit of the entire Covina community. The Covina Municipal Code provides for the establishment of advisory bodies including commissions, committees, and boards to advise the City Council and provide ongoing citizen input into policies and issues affecting the Covina community.

DISCUSSION:

Appointed members of boards and commissions serve at the pleasure of the City Council, pursuant to Government Code Section 36506. The City Council shall have the authority to appoint, reappoint, and/or make changes to existing positions.

The following actions are being considered for approval:
 Appointment of Bryan Ochoa to the Traffic & Mobility Advisory Commission for a 4-year term ending June 30, 2026.
 Appointment of Sarah Gianni to the Youth Accountability Board for a 4-year term ending June 30, 2026.
 Appointment of Thuy Pham to the Library Board of Trustees for a 3-year term ending June 30, 2026.  Appointment of to the Thomas Nass Finance Advisory Commission for a 4-year term ending June 30, 2026.
 Removal of Susan Zermeno from and appointment of Jeanette Flores to the Planning Commission for an unexpired term ending June 30, 2024.

FISCAL IMPACT:

None.

CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):

Not applicable.

Respectfully submitted,

CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. CC 19
Meeting: March 19, 2024
Title: Covina Recreation Village Project – Project No. P2202 – Rejection of All Bids Presented by: Brian K. Lee, Director of Community Development Lisa Evans, Director of Parks & Recreation & Library
Andy Bullington, Director of Public Works
Rafael M. Fajardo, Deputy Director of Public Works/City Engineer Recommendation: 1. Reject all bids received for construction of the Covina Recreation Village Project; and2.

Authorize City staff to revise the project bid package and re-solicit bids for construction.

EXECUTIVE SUMMARY:

As part of the City’s Fiscal Year 2023-2024 Capital Improvement Program, the City Council approved the Covina Recreation Village Project - Phase II, which consists of the construction of the Covina Recreation Village Project.

The City of Covina acquired the 2.49-acre parcel, located at 301 East Front Street, from Trumark Homes and consists of two properties:
 301 E Front Street – West Building (approximately 18,196 square feet)  301 E Front Street – East Building (approximately 13,530 square feet) On December 21, 2021 the City Council awarded a contract to GGA for the design of the Covina Recreation Village Project. The design was completed with the envisioned recreation village concept in mind that would provide a number of recreation and community amenities to Covina residents such as a library, gym, dog park, and climbing wall, as well as address goals of the City of Covina’s General Plan.

DISCUSSION:

Construction plans and specifications for the Covina Recreation Village Project were completed in late 2023 and City staff proceeded to complete a competitive bid proposal process. City staff published the project in the San Gabriel Valley Examiner and the Dodge Construction Network inviting bids on January 4th, 11th 18th & 25th, 2024 for a bid opening on February 13, 2023 at 10:00 am. No bids were submitted.

City staff re-advertised the project on February 22nd, 29th & March 7th, 2024 for a scheduled bid opening on March 12th, 2024 and only one bid was submitted from Bernards Bros, Inc. in the amount of $29,756,000. The bid amount was approximately 30% above the project’s initial cost estimate; therefore, City staff is recommending that the City Council reject all bids and authorize City staff to re-solicit bids for construction.

FISCAL IMPACT:

All funding sources allocated for the Covina Recreation Village Project construction phase total $19,181,634 and are comprised of the following:

Grant or Appropriations
Name
Amount
Awarded
Match Notes: Munis – Account #
State of California Prop 68
Parks Grant
$4,845,229 4600PR68-42177-
P2202/4600PR68-
55100/P2202
State of California Natural
Resources Agency
Appropriation (Rubio
Appropriation)
$2,500,000 4600CNRG-42177-
P2202/4600CNRG55100-P2202
Federal Appropriation
(Napolitano Earmark) EDI
$3,000,000 4600OMNI-42090-
P2202/4600OMNI55100-P2202
Library Grant – State Library
Agency
$5,377,020 $2,688,510 460039ST-42190-
P2202/460039ST-55100-
P2202
RMC Small Grants Program $300,000 $95,875 Match provided through SCWP
TBD
National Endowment for the
Arts: Grants for Arts Projects
$25,000 $50,000 TBD
Safe Clean Water Program –
SCWP Municipal
$300,000 $95,875 counts
towards Match for
RMC*.
25105600-52000/P2202
Total $16,347,249 $2,834,385 $19,181,634
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.

Respectfully submitted,

CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. CC 20
Meeting: March 19, 2024
Title: Lease Agreement Between the City of Covina and BKEC Inc. for Property Located at 100 N. Citrus Avenue, Unit 100B
Presented by: Brian K. Lee, Director of Community Development Recommendation: That the City Council approve a lease agreement with BKEC Inc. for the lease of office space located at 100 N. Citrus Avenue, Suite 100B and authorize the City Manager or his designee to make any non-substantive changes that may be required prior to finalizing and executing the agreement.

EXECUTIVE SUMMARY:

In December 2022, the City acquired the Covina Theater located at 100-112 North Citrus Avenue. The space includes a 17,993 square foot theater space, roughly 6,250 square feet of ground floor retail space, roughly 2,400 square feet of second floor office space and 2,500 square feet of second floor banquet/restaurant space. Following the acquisition, the City Council entered into a management/operations agreement for the theater space, securing the Laugh Factory Covina as an anchor for the City’s downtown business district.

BKEC Inc. dba Arlington Cremation (“Tenant”) has been a tenant of units 100A and 100B prior to the City’s ownership of the building. Their annual lease expired in September 2022, and has been a month to month tenant since. On February 26, 2024, the City received written notice from the Tenant of their desire to vacate Suite 100A and enter into a new lease agreement for Suite 100B. As proposed, their business operations will continue to perform administrative duties related to cremation services.

DISCUSSION:

The space at 100 N. Citrus Suite 100B is approximately 1,000 square feet on the second floor of the building. The Tenant has paid rent through March 2024 for both Suites 100A and 100B under their previous lease agreement, and will vacate Suite 100A no later than March 31, 2024. As proposed, the new lease for Suite 100B will operate under the following main lease terms:
 Term: Month to month tenancy
 Rental Rate: $1.71 per square foot, plus a flat $90 utilities fee for a total of $1,800 per month  Restrooms: Use of shared upstairs restrooms
Staff recommends that the City Council approve the Lease as presented in Attachment A, and authorize the City to enter into the agreement with BKEC Inc.

FISCAL IMPACT:

The proposed lease will generate $1,800 per month, beginning April 1, 2024. For upcoming Fiscal Year 2024-25, it is projected that this lease will generate $21,600 in rental revenue.

CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):

Not applicable.

Respectfully submitted,

12923-0001\2933846v1.doc

MONTH-TO-MONTH OFFICE LEASE
This MONTH-TO-MONTH OFFICE LEASE (“Lease”) is dated as of March 19, 2024, and is entered into by and between the CITY OF COVINA (the “Landlord”) and BKEC Inc, a California corporation (the “Tenant”).

RECITALS
A. The Landlord is the owner of certain land located in the City of Covina commonly known as 100 N. Citrus Avenue, Suite 100 B, Covina, CA 91723 and the building located thereon (collectively, the “Property”).

B. The Tenant wishes to lease the portion of the building described on Exhibit “A” (the “Premises”), and the Landlord is willing to lease the Premises to the Tenant.

AGREEMENT

1. Premises; Term. Tenant hereby leases the Premises from Landlord, and Landlord hereby leases the Premises to Tenant, upon and subject to the terms and conditions hereinafter set forth.

The term of this Lease (“Term”) commences on the date hereof, and shall continue until terminated by either party upon thirty (30) days’ prior written notice to the other party. This Lease shall also terminate pursuant to any other applicable provisions of this Lease providing for termination.

The Tenant is currently in possession of keys to enter the subject property. The Property may be accessed solely between the hours of 7:00 a.m. to 6:00 p.m., Mondays through Fridays and 8:00 p.m. to 5:00 p.m. on Saturdays. The Tenant is responsible for locking and securing doors upon entry and exit.

2. Use: Compliance with Laws. The Premises may be used by Tenant for offices and for no other use. Tenant’s use of the Premises will at all times be in strict compliance with all applicable laws, rules and regulations of all governmental authorities having jurisdiction, and Tenant, at its sole cost and expense, agrees to comply with all such laws, rules and regulations. including, without limitation, all laws, rules and regulations requiring the making of structural or extraordinary repairs or replacements to the Premises and all laws, rules and regulations relating to the use, generation, storage or release of hazardous materials.

3. Rent. As rent for the Premises, Tenant agrees to pay to Landlord the sum of One Thousand Eight Hundred Dollars ($1,800) per month without prior notice and without offset or deduction. The first installment of monthly rent is payable upon (and together with) Tenant’s execution and delivery of this Lease; subsequent installments are due and payable on the first business day of each month during the term of this Lease.

4. No Concessions or Allowances.· Landlord is not providing any improvements, improvement or moving allowances, free rent periods or other tenant concessions or allowances.

ATTACHMENT A
12923-0001\2933846v1.doc

5. CASp Statement; “AS-IS” Condition.
(a) The Premises have not been inspected by a Certified Access Specialist (CASp). A CASp can inspect the subject premises and determine whether they comply with all of the applicable construction-related accessibility standards under state law. Although state law does not require a CASp inspection of the subject premises, a commercial property owner or lessor may not prohibit a lessee or tenant from obtaining a CASp inspection of the subject premises for the occupancy or potential occupancy of the lessee or tenant, if requested by the lessee or tenant. The parties must mutually agree on the arrangements for the time and manner of the CASp inspection, the payment of the fee for the CASp inspection, and the cost of making any repairs necessary to correct violations of construction-related accessibility standards within the subject premises.

The Landlord and Tenant hereby agree that Landlord will not be obligated to obtain or pay for such an inspection report, and will not make or pay for any necessary repairs or alterations (all of which shall be the responsibility of the Tenant under this Lease). (b) Tenant acknowledges that it has inspected the Premises and Tenant warrants and agrees that it is thoroughly familiar with the Premises and all aspects thereof, including, without limitation, the physical condition of the Premises, the zoning of the Premises, title to the property containing the Premises and all other restrictions and limitations applicable to the Premises(whether or not of public record).
(c) Tenant acknowledges and agrees that the Premises are satisfactory to Tenant in all respects. Tenant agrees that neither Landlord nor any one acting on Landlord’s behalf has made any representation or warranty of any kind or nature whatsoever respecting the condition of the Premises, their suitability for Tenant’s use, or any other matter relating to the Premises (including, but not limited to, the environmental condition of the Premises) or this Lease, and Tenant agrees that it is leasing the Premises in their “AS-IS CONDITION AND WITH ALL FAULTS”.

6. Maintenance.
(a) Landlord shall provide reasonable janitorial services for the upstairs restrooms located adjacent to the subject Property no less than twice per month. Subject to the foregoing, Tenant shall, at its sole cost and expense, maintain the Premises and all portions thereof in a good, clean and safe condition and state of repair. (b) Tenant agrees that Tenant is solely responsible for the security, protection and insuring of its equipment, materials and other property, and that of its employees, servants and contractors, located on or about the Premises. Tenant agrees that Landlord will have no liability of any kind or nature respecting any loss or theft of, or damage to, any such equipment, materials or other property.

7. Insurance.
(a) Throughout the Term of this Lease, Tenant shall pay for and maintain in full force and effect all policies of insurance required hereunder with an insurance company(ies)

12923-0001\2933846v1.doc
either (i) admitted by the California Insurance Commissioner to do business in the State of California and rated not less than “A-VII” in Best’s Insurance Rating Guide, or (ii) authorized by Landlord’s City Manager or” his/her designee at any time and in his/her sole discretion. The following policies of insurance are required:
(i) COMMERCIAL GENERAL LIABILITY insurance which shall be at least as broad as Insurance Services Office (ISO) form CG 00 01 and shall include insurance for “bodily injury”, “property damage” and “personal and advertising injury”, including premises and operation, products and completed operations and contractual liability (including, without limitation, indemnity obligations under this Lease) with limits of liability of not less than $1,000,000 per occurrence and $2,000,000 general aggregate for bodily injury and property damage, $1,000,000 per occurrence for personal and advertising injury and $2,000,000 aggregate for products and completed operations.
(ii) COMMERCIAL GENERAL LIABILITY insurance shall be
endorsed to include $2,000,000 aggregate for bodily injury and property damage, or Tenant shall pay for and maintain the most current version of Insurance Services Office (ISO) Liquor Liability Coverage Form CG 00 33, which shall include which shall include insurance for “bodily injury,” and “property damage” with limits of liability of not less than $1,000,000 per occurrence and $2,000,000 aggregate for bodily injury and property damage. (iii) WORKERS’ COMPENSATION insurance as required under the California Labor Code.
(iv) EMPLOYERS’ LIABILITY insurance with limits of liability of not less than $1,000,000 each accident, $1,000,000 disease policy limit and $1 ,000,000 disease each employee.
(b) If Tenant purchases an Umbrella or Excess insurance policy(ies) to meet the minimum limits of insurance set forth above, this insurance policy(ies) shall “follow form” and afford no less coverage than the primary insurance policy(ies). (c) If Tenant maintains insurance with broader coverage and/or limits of liability greater than those shown above, the Landlord requires and shall be entitled to the broader coverage and/or the higher limits of liability maintained by Tenant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to Landlord.
(d) Tenant shall be responsible for payment of any deductibles contained in any insurance policies required hereunder and Tenant shall also be responsible for payment of any self-insured retentions. Any deductibles or self-insured retentions must be declared to, and approved by, the Landlord or his/her designee. At the option of the Landlord or his/her designee, either (i) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects Landlord, its officers, officials, employees, agents and volunteers; or (ii) Tenant shall provide a financial guarantee, satisfactory to Landlord or his/her designee, guaranteeing payment of losses and related investigations, claim administration and defense expenses. At no time shall

12923-0001\2933846v1.doc
Landlord, its officers, officials, employees, agents or volunteers be responsible for the payment of any deductibles or self-insured retentions.
(e) All policies of insurance required hereunder shall be endorsed to provide that the coverage shall not be cancelled, non-renewed, reduced in coverage or in limits except after 30 calendar day written notice by certified mail, return receipt requested, has been given to Landlord. Upon issuance by the insurer, broker, or agent of a notice of cancellation, nonrenewal, or reduction in coverage or in limits, Tenant shall furnish Landlord with a new certificate and applicable endorsements for such policy(ies). In the event any policy is due to expire during the Lease, Tenant shall provide a new certificate, and applicable endorsements, evidencing renewal of such policy not less than 15 calendar days prior to the expiration date of the expiring policy.
(f) The General Liability and Business insurance policies shall be written on an occurrence form and shall name Landlord and its officers, officials, agents, employees and volunteers as an additional insured. Such policy(ies) of insurance shall be endorsed so Tenant’s insurance shall be primary and no contribution shall be required of Landlord, its officers, officials, employees, agents or volunteers. The coverage shall contain no special limitations on the scope of protection afforded to Landlord and its officers, officials, employees, agents and volunteers. Any Workers’ Compensation insurance policy shall contain a waiver of subrogation as to Landlord and its officers, officials, agents, employees and volunteers. The Property insurance policy shall name Landlord as a loss payee.
(g) Tenant shall furnish Landlord with all certificate(s) and applicable endorsements effecting coverage required hereunder. All certificates and applicable endorsements are to be received and approved by the City Manager or his/her designee prior to the Landlord’s execution of this Lease.
(h) Upon request of Landlord, Tenant shall immediately furnish Landlord with a complete copy of any insurance policy required under this Lease, including all· endorsements, with said copy certified by the underwriter to be a true and -correct copy of the original policy. This requirement shall survive expiration or termination of this Lease. (i) Any failure to maintain the required insurance shall be sufficient cause for Landlord to terminate this Lease. No action taken by Landlord hereunder shall in any way relieve Tenant of its responsibilities under this Lease. (j) The fact that insurance is obtained by Tenant shall not be deemed to release or diminish the liability of Tenant, including, without limitation, liability under the indemnity provisions of this Lease. The duty to indemnify Landlord and its officers, officials, employees, agents and volunteers shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Tenant. Approval or purchase of any insurance contracts or policies shall in no way relieve from liability nor limit the liability of Tenant, its principals, officers, agents, employees, persons under the supervision of Tenant, vendors, suppliers, invitees, consultants, subconsultants, subcontractors, or anyone employed directly or indirectly by any of them.

12923-0001\2933846v1.doc
(k) Tenant and its insurers hereby waive all rights of recovery against Landlord and its officers, officials, employees, agents and volunteers, on account of injury, loss by or damage to the Tenant or its officers, employees, agents, consultants, contractors, subcontractors, invitees and volunteers, or its property or the property of others under its care, custody and control. Tenant shall give notice to its insurers that this waiver of subrogation is contained in this Lease. This requirement shall survive termination or expiration of this Lease. (l) If Tenant should contract any permitted work on the Premises or subcontract any of its obligations under this Lease, Tenant shall require each consultant, contractor and subcontractor to provide insurance protection in favor of Landlord, its officers, officials, employees, agents and volunteers in accordance with the terms of each of the preceding paragraphs, except that the consultants’, contractors’ or subcontractors’ certificates and endorsements shall be on file with Tenant and Landlord prior to the commencement of any work by the consultant, contractor or subcontractor.

8. Indemnification.
(a) Tenant shall indemnify, hold harmless and defend Landlord and each of its officers, officials, employees, agents and volunteers from any and all loss, liability, fines, penalties, forfeitures, costs and damages (whether in contract, tort or strict liability, including but not limited to personal injury, death at any time and property damage, including damage by fire or other casualty) incurred by Landlord, Tenant or any other person, and from any and all claims, demands and actions in law or equity (including attorney’s fees and litigation expenses), arising or alleged to have arisen directly or indirectly out of: (a) the occupancy, maintenance and use of the Premises and/or; (b) the performance of this Lease. Tenant’s obligations under the preceding sentence shall apply regardless of whether Landlord or any of its officers, officials, employees, agents or volunteers are negligent, but shall not apply to any loss, liability, fines, penalties, forfeitures, costs or damages caused solely by the gross or active negligence, or by the willful misconduct, of Landlord or any of its officers, officials, employees, agents or volunteers. (b) Should Tenant contract any work on the Premises or subcontract any of its obligations under this Lease, Tenant shall require each consultant, contractor and subcontractor to indemnify, hold harmless and defend Landlord and each of its officers,.officials, employees, agents and volunteers in accordance with the terms of the preceding paragraph. (c) This requirement shall survive termination or expiration of this Lease.

9. Utilities. [DISCUSS---INCLUDED IN RENT? ARE THERE UTILITIES HOURS? SEPARATE METERS?][Tenant agrees to pay, as additional rent, before delinquency, for all water; sewer, gas, heat, light, power, telephone service, refuse removal and all other utilities or services of any kind supplied to the Premises. Tenant shall cooperate with Landlord to put all utilities in Tenant’s name if so desired by Landlord (and be billed directly, and pay all such bills), or in lieu thereof, Tenant shall reimburse Landlord from time to time for all utilities and other services, as additional rent, within five (5) business days after written demand from Landlord from time to time with evidence of the costs.] It is agreed that Landlord is not liable for any failure or interruption of any utility or service, and the failure or interruption of any

12923-0001\2933846v1.doc
utility or service will not entitle Tenant to terminate this Lease or stop making any rental or other payments due under this Lease.

10. Security Deposit. Landlord currently holds a security deposit of Two Thousand Two Hundred Dollars($2,200.00) under that certain Lease dated August 24, 2018 between Tenant and Christopher and Retha Champion as landlord. (Landlord acquired the Premises and Property from Christopher and Retha Champion subject to that lease.) That lease is being terminated; however, Tenant agrees that such existing security deposit shall continue to be held by Landlord as the security deposit under this Lease. Landlord’s cost of repairing any damages to the Premises, and any unpaid rent, will be deducted from the Deposit prior to releasing funds to Tenant after the expiration or earlier termination of this Lease. Tenant hereby waives any statutes and other law that contradict the provisions hereof.

11. Taxes. Tenant acknowledges that this Lease may create a possessory interest subject to taxation and that Tenant may be subject to payment of any and all taxes levied on that possessory interest.

12. Alterations.
(a) Tenant agrees that it will not make any alterations or improvements to the Premises, or any portion of the Premises, without Landlord’s prior written consent in its sole and absolute discretion (and obtaining all applicable permits from the City in its governmental capacity).
(b) Tenant agrees that it will pay, when due, all claims for labor or materials furnished or alleged to have been furnished to or for Tenant at or for use on the Premises, which claims are or may be secured by any mechanics’ or materialmen’s lien against the Premises or any interest therein. All alterations and improvements made by Tenant shall, at Landlord’s option and at Tenant’s sole cost and expense, be removed from the Premises at the end of the term of this Lease and the Premises restored to their condition prior to the making of such alterations or improvements.

13. Tenant’s Property. All trade fixtures, equipment and personal property of Tenant located at the Premises will remain the property of Tenant during the term of this Lease and may be removed by Tenant at any time and shall be removed by Tenant prior to the expiration or other termination of the term of this Lease. If Tenant does not do so, Landlord may retain or dispose of any such remaining fixtures, equipment and personal property without obligation or liability to Tenant, and Tenant hereby waives all statutes and other laws to the contrary. Tenant, at Tenant’s cost and expense, must promptly repair all damage to the Premises occasioned by Tenant’s removal of its trade fixtures, equipment and personal property.

14. Damage and Destruction. If the Premises or Building or any portion thereof are materially damaged or destroyed by any casualty (whether or not insured), Landlord may terminate this Lease by written notice to Tenant.

15. Eminent Domain. If the Premises or Building or any portion thereof are condemned/taken, Landlord may terminate this Lease by written notice to Tenant. In the event of a taking, the entire award for the taking shall be the property of Landlord, except that Tenant

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shall be entitled to seek a separate award from the condemning authority for damage to its trade fixtures and equipment and for relocation expenses.

16. Assignment. Tenant may not assign this Lease or sublet all or any part of the Premises nor permit the occupancy thereof by any other person or entity.

17. Default. The occurrence of any one or more of the following shall constitute a default by Tenant:
(a) Failure by Tenant to make payment of rent or any other payments required to be made by Tenant hereunder within five (5) days after written notice from Landlord that payment is past due.
(b) Failure by Tenant to keep and maintain any of the insurance required to be kept and maintained by Tenant under this Lease.
(c) Failure by Tenant to observe or perform any of the covenants or provisions of this Lease, other than as provided in subsections (b) and (c) above, when such failure continues for a period of 30 days after written notice of such failure is given by Landlord to Tenant; provided, that if the nature of Tenant’s failure is such that more than 30 days are reasonably required for its cure, then Tenant will not be deemed to be in default if Tenant commences such cure within said 30 day period and thereafter diligently prosecutes such cure to completion.

18. Remedies. If Tenant is in default after any required notice is given and cure period expired, then, in addition to all other rights and remedies which Landlord may have at law or in equity, Landlord may terminate this Lease and shall have the right to recover past due rent. (a) Landlord Entry. Landlord and its authorized representatives shall have the right upon reasonable prior written notice to Tenant to enter all portions of the Premises for any of the following purposes: (a) to determine whether the Premises are in good condition and whether Tenant is complying with its obligations under this Lease; (b) to inspect the Premises; (c) in connection with Landlord’s design and construction planning respecting Landlord’s future use of the Premises; and (d) to post notices of non-responsibility. Notwithstanding the foregoing to the contrary, Landlord and its authorized representatives shall have the right to enter the Premises at any time, and without notice to Tenant, where an emergency situation necessitates such entry. No exercise by Landlord of its rights under this Section shall entitle Tenant to any damages for any injury or inconvenience occasioned thereby or to any abatement of rent or other amounts payable under this Lease.

19. Surrender of Premises. Upon the expiration or other termination of the term of this Lease, Tenant agrees to surrender possession of the Premises, and every part thereof, to Landlord in good order, condition and repair, ordinary wear and tear alone excepted. “Ordinary wear and tear” does not include any damage or deterioration that would have been prevented by good maintenance practice or by Tenant performing all of its obligations under this Lease.

20. Notices. Except as otherwise provided, all notices required or permitted to be given under this· Lease must be in writing and addressed to the parties at their respective notice

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addresses set forth below; provided, that notices to Tenant may also be effectively given in writing and addressed to Tenant at the Premises address. Notices must be given by commercial delivery service) or by first-class mail, postage prepaid. Notices will be deemed effectively given, in the case of overnight messenger delivery, upon receipt (or if receipt is refused, upon attempted delivery), and in the case of mailing, three (3) days following deposit into the custodyof the United States Postal Service (or inability to deliver, as shown on the return receipt). The notice addresses of the parties are as follows:

If to Landlord:

City of Covina
125 E. College Street
Covina, CA 91723
Attn: City Manager
If to Tenant:

BKEC Inc.
9645 Magnolia Avenue
Riverside, CA 92503
Attn: Timothy J. Hansen

21. Waiver and Release of Benefits. Tenant acknowledges that upon termination of the Term, or upon termination of any holdover tenancy (collectively “Expiration of Tenancy”), Tenant might be or become eligible to receive compensation, reimbursement, assistance, including, but not limited to, the fair market value of real and personal property, loss of goodwill, loss of profits, actual and reasonable expenses for moving a business, loss of tangible personal property as a result of moving the business, expenses incurred in searching for a replacement site for the business, expenses to reestablish the business at the new site, “in-lieu payments,” and other such benefits (collectively “Benefits”) under the California Relocation Assistance Act (Government Code §7260, et seq.), Title 25 of the California Code of Regulations, Article 1, §19 of the California Constitution, the California Eminent Domain Law (Code of Civil Procedure §1230.01 0, et seq.), or other similar local, state, or federal statute, ordinance, regulation, rule, or decisional law (collectively ‘Compensatory Laws”). Tenant further acknowledges that it has received full and fair compensation of all Benefits Tenant is or might be or might become entitled to recover from the City of Covina/Landlord as a result of, or in any way related to, Expiration of the Tenancy, or Landlord’s occupancy and possession/use of the Premises.

Being fully informed of and understanding the acknowledgments made herein and of Tenant’s rights or potential rights to Benefits under the Compensatory Laws, Tenant HEREBY

EXPRESSLY AND UNCONDITIONALLY WAIVES, AND RELEASES LANDLORD FROM, any and all rights of Tenant to claim, demand, sue for, or receive any Benefits which Tenant is or might be or might become entitled to recover from the Landlord as a result of, or in any way related to, Expiration of the Tenancy, Landlord’s acquisition of the Premises, and Landlord’s occupancy and possession of the Premises.

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22. General.
(a) The acceptance by Landlord of any rental or other payments due hereunder with knowledge of the breach of any of the terms, covenants or provisions of this Lease by Tenant shall not be construed as a waiver of any such breach. The acceptance at any time or times by Landlord of any sum less than that which is required to be paid by Tenant shall, unless Landlord specifically agrees otherwise in writing, be deemed to have been received only on account of the obligation for which it is paid, and shall not be deemed an accord and satisfaction notwithstanding any provisions to the contrary written on any check or contained in any writing transmitting the same.
(b) This Lease shall be governed by and construed in accordance with the laws of the State of California, without regard to any otherwise governing principles of conflicts of law.
(c) Any provision of this Lease that is invalid, illegal or unenforceable shall be ineffective to the extent of such invalidity, illegality or unenforceability without invalidating, diminishing or rendering unenforceable the rights and obligations of the parties under the remaining provisions of this Lease.
(d) No term or provision of this Lease may be amended, altered, modified or waived orally or by a course of conduct or oral statement, but only by an instrument in writing signed by a duly authorized officer or representative of the party against which enforcement of such amendment, alteration, modification or waiver is sought. (e) This Lease and all exhibits attached to it constitutes the entire agreement of the parties with respect to the subject matter hereof and supersede all prior or contemporaneous agreements (whether written or oral) with respect to that subject matter. (f) This Lease may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. (g) If either party hereto brings an action to enforce the terms hereof or declare rights hereunder, the prevailing party in such action, on trial or appeal, shall be entitled to reasonable attorneys’ fees to be paid by the losing party as fixed by the court. (h) Time is of the essence of each provision hereof in which time is a factor.

The parties have caused this Lease to be duly executed by their respective duly authorized officers or representatives as of the date first set forth above.

LANDLORD:

CITY OF COVINA
By:

Print Name: __________________
Title: ________________________

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Attest:
_____________________,
City Clerk
TENANT:
_________________________,
a California _____________________
By:

Print Name:

Title:

EXHIBIT “A”
Diagram of Premises
(Attached.)

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Diagram of Suite #100B

CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. PH 1
Meeting: March 19, 2024
Title: Public Hearing Considering the Adoption of the Covina Active Streets and Multi-Modal Connectivity Plan
Presented by: Daniella Andrade, Management Analyst
Brian K. Lee, Director of Community Development
Recommendation: Adopt City Council Resolution CC 2024-12 Adopting the Covina Active Streets and MultiModal Connectivity Plan, and Finding the Project exempt from the California Environmental Quality Act (CEQA).

EXECUTIVE SUMMARY:

In December 2021, the City of Covina was awarded a grant under the Sustainable Transportation Planning Grant Program administered by the California Department of Transportation (Caltrans). The purpose of the program is to support the Caltrans Mission to provide a safe, sustainable, integrated, and efficient transportation system to enhance California’s economy and livability and provide other benefits such as greenhouse gas reduction, and improving public health and social equity. Covina was one of 59 awardees under this grant program.

The Covina Active Streets and Multi-Modal Connectivity Plan is a comprehensive planning document that builds upon Covina’s existing planning framework (e.g. Covina’s General Plan, Town Center Specific Plan, and Bicycle Master Plan), lays out goals and objectives to facilitate multi-modal connectivity in Covina, and considers weighted spatial information (e.g. disadvantaged census tracts, walksheds to amenities/transit, average speed) and facility capacity (e.g. existing capacity to support/accommodate alternative facilities) in identifying streetscape, pedestrian, and bicycle priority project areas and improvements/enhancements. Civic engagement was also an important factor as part of the plan’s development and is summarized in Chapter 3 of the Draft plan.

On February 13, 2024, the plan was presented to the Planning Commission and Transportation and Mobility Advisory Commission for consideration at a joint meeting. At the meeting, both commissions made minor recommendations to the Plan which have been added. A few of these recommendations are addressed within the plan and no changes were needed.

1. Add a map of census blocks to the Equity Study Appendix a. Maps were added on pages 9-10 of the Equity Outcomes Appendix

2. Encourage developers to install bike parking
a. Covina has adopted the 2022 California Green Building Standards code which already includes bicycle parking requirements.
b. Page 14 under Goal #5 Implement and Maintain
i. Action: “Investigate opportunities to leverage private developments” c. Page 66 “bicycle racks and corrals”, added “Bicycle Parking” clarification.

3. Consider AI/EV Technologies
a. Action added under Goal #2 Build Climate Resiliency
i. Action: “Monitor emerging technologies that may help to reduce greenhouse gases. This could include AI-driven technologies that minimize idling time for autos, or EV-readiness strategies.

4. Consider adding a goal to improve connectivity to the Azusa A Line a. Page 13 under Goal #4 Provide equitable Cost-effective transportation options