Agenda packet — Covina City Council, June 4, 2024 (part 2 of 5)

shall provide receipts on all reimbursable expenses in excess of Fifty Dollars ($50) in such form as approved by the Finance Director.

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

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

6. Independent Contractor.

A. Consultant is, and shall at all times remain as to City, a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City. Neither City nor any of its agents shall have control over the performance of Consultant or any of Consultant’s employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its officers, agents or employees are in any manner employees of City.

7. Confidentiality. All data, documents, discussion, or other information (collectively “data”) developed or received by Consultant or provided for performance of this Agreement are deemed confidential. Consultant shall keep all data confidential and shall not disclose any data to any person or entity without City’s prior written consent. City shall grant such consent if disclosure is legally required. Consultant shall return all data to City upon the expiration or termination of this Agreement. Consultant’s covenant under this Section 7 shall survive the expiration or termination of this Agreement.

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

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approval, perform work for another person or entity for whom Consultant is not currently performing work that would require Consultant or one of its officers, employees, associates or subcontractors to abstain from a decision under this Agreement pursuant to a conflict of interest statute. Consultant shall incorporate a clause substantially similar to this Section 8 into any subcontract that Consultant executes in connection with the performance of this Agreement.

9. Indemnification.

A. Indemnities for Third Party Claims.
1) To the fullest extent permitted by law, Consultant shall, at its sole cost and expense, defend, hold harmless and indemnify City and its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively “Indemnitees”), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens and losses of any nature whatsoever, including fees of accountants, attorneys or other professionals, and all costs associated therewith, and the payment of all consequential damages (collectively “Liabilities”), in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant, its officers, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Liabilities arising from the sole negligence or willful misperform of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the parties. Consultant shall defend the Indemnitees in any action or actions filed in connection with any Liability with counsel of the Indemnitees’ choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs actually incurred in connection with such defense. Consultant shall reimburse the Indemnitees for any and all legal expenses and costs incurred by Indemnitees in connection therewith. 2) Consultant shall pay all required taxes on amounts paid to Consultant under this Agreement, and indemnify and hold City harmless from any and all taxes, assessments, penalties and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Consultant shall fully comply with the workers’ compensation law regarding Consultant and Consultant’s employees. Consultant shall indemnify and hold City harmless from any failure of Consultant to comply with applicable workers’ compensation laws.

City may offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this Subparagraph A. 2). 3) Consultant shall obtain executed indemnity agreements with provisions identical to those in this Section 9 from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. If Consultant fails to obtain such indemnity obligations, Consultant shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Liabilities in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant’s subcontractor, its officers, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that Consultant’s subcontractor shall bear the legal liability

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thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Liabilities arising from the sole negligence or willful misperform of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the parties.

B. Workers’ Compensation Acts not Limiting. Consultant’s indemnifications and obligations under this Section 9, or any other provision of this Agreement, shall not be limited by the provisions of any workers’ compensation act or similar act. Consultant expressly waives its statutory immunity under such statutes or laws as to City, its officers, agents, employees and volunteers.

C. Insurance Requirements not Limiting. City does not, and shall not, waive any rights that it may possess against Consultant because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. The indemnities in this Section 9 shall apply regardless of whether or not any insurance policies are determined to be applicable to the Liability, tax, assessment, penalty or interest asserted against City.

D. Survival of Terms. Consultant’s indemnifications and obligations under this Section 9 shall survive the expiration or termination of this Agreement.

10. Insurance.

A. Minimum Scope and Limits of Insurance. Consultant shall procure and at all times during the term of this Agreement carry, maintain, and keep in full force and effect, 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 Consultant is a limited liability company, the commercial general liability coverage shall be amended so that Consultant and its managers, affiliates, employees, agents and other persons necessary or incidental to its operation are insureds.
2) Automobile Liability Insurance for any owned, non-owned or hired vehicle used in connection with the performance of this Agreement with a combined single limit of Two Million Dollars ($2,000,000) per accident for bodily injury and property damage. If Consultant does not use any owned, non-owned or hired vehicles in the performance of services under this Agreement, Consultant shall obtain a non-owned auto endorsement to the Commercial General Liability policy required under Subparagraph A. 1) of this Section 10. 3) Workers’ Compensation Insurance as required by the State of California and Employer’s Liability Insurance with a minimum limit of One Million Dollars ($1,000,000) per accident for bodily injury or disease. If Consultant has no employees while performing services under this Agreement, workers’ compensation policy is not required, but Consultant shall provide an executed declaration that it has no employees.

B. Acceptability of Insurers. The insurance policies required under this Section 10 shall be issued by an insurer admitted to write insurance in the State of California with a 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 10.

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

D. Primary and Non-Contributing. The insurance policies required under this Section 10 shall apply on a primary non-contributing basis in relation to any other insurance or selfinsurance available to City. Any insurance or self-insurance maintained by City, its officers, employees, agents or volunteers, shall be in excess of Consultant’s insurance and shall not contribute with it.

E. Consultant’s Waiver of Subrogation. The insurance policies required under this Section 10 shall not prohibit Consultant and Consultant’s employees, agents or subcontractors from waiving the right of subrogation prior to a loss. Consultant hereby waives all rights of subrogation against City.

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

G. Cancellations or Modifications to Coverage. Consultant shall not cancel, reduce or otherwise modify the insurance policies required by this Section 10 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 10 is canceled or reduced in coverage or limits, Consultant shall, within two (2) business days of notice from the insurer, phone, fax or notify City via certified mail, return receipt requested, of the cancellation of or changes to the policy.

H. City Remedy for Noncompliance. If Consultant does not maintain the policies of insurance required under this Section 10 in full force and effect during the term of this Agreement, or in the event any of Consultant’s policies do not comply with the requirements under this Section 10, City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may, but has no duty to, take out the necessary insurance and pay, at Consultant’s expense, the premium thereon. Consultant shall promptly reimburse City for any premium paid by City or City may withhold amounts sufficient to pay the premiums from payments due to Consultant.

I. Evidence of Insurance. Prior to the performance of services under this Agreement, Consultant shall furnish City’s Risk Manager with a certificate or certificates of insurance and all original endorsements evidencing and effecting the coverages required under this Section 10. The endorsements are subject to City’s approval. Consultant may provide complete, certified copies of all required insurance policies to City. Consultant shall maintain current endorsements on file with City’s Risk Manager. Consultant shall provide proof to City’s Risk Manager that insurance policies expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Consultant shall furnish such proof at least two (2) weeks prior to the expiration of the coverages.

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J. Indemnity Requirements not Limiting. Procurement of insurance by Consultant shall not be construed as a limitation of Consultant’s liability or as full performance of Consultant’s duty to indemnify City under Section 9 of this Agreement.

K. Subcontractor Insurance Requirements. Consultant shall require each of its subcontractors that perform services under this Agreement to maintain insurance coverage that meets all of the requirements of this Section 10.

11. Mutual Cooperation.

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

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

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

13. Termination or Suspension of Agreement.

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

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

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

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

If to City: If to Consultant:

Attn: Transportation Division Juan Reinoso, President
City of Covina Urban Graffiti Enterprises, Inc.
125 E. College Street P.O. Box 2383
Covina, California 91723 Covina, CA 91722

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

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

17. Prohibition of Assignment and Delegation. Consultant shall not assign any of its rights or delegate any of its duties under this Agreement, either in whole or in part, without City’s prior written consent. City’s consent to an assignment of rights under this Agreement shall not release Consultant from any of its obligations or alter any of its primary obligations to be performed under this Agreement. Any attempted assignment or delegation in violation of this Section 17 shall be void and of no effect and shall entitle City to terminate this Agreement. As used in this Section 17, “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.

18. No Third-Party Beneficiaries Intended. Except as otherwise provided in Section 9, 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.

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

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

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Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder.
[SIGNATURE PAGE FOLLOWS]

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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:

Urban Graffiti Enterprises, 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.)

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EXHIBIT A

APPROVED FEE SCHEDULE

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EXHIBIT B

SCOPE OF SERVICES

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EXHIBIT C

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

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

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

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

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

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

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

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

7. Consultant shall comply with the provisions of California Labor Code Section 1813 concerning penalties for workers who work excess hours. Consultant shall, as a penalty to City, forfeit twenty-five dollars ($25) for each worker employed in the execution of this Agreement by Consultant or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one calendar day

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and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the California Labor Code.

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

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CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. CC 11
Meeting: June 4, 2024
Title: Elevator Maintenance and Repair Services – Professional Services Agreement with Next Level Elevator
Presented by: Rafael M. Fajardo, Interim Director of Public Works/City Engineer Recommendation: 1. Authorize the City Manager to execute a Professional Services Agreement with Specialized Elevator, dba Next Level Elevator, for the City-Wide Elevator Maintenance and Repair Services covering five (5) City-operated elevators in an amount not-to-exceed $27,000 annually for a total contract amount of $135,000 through June 30, 2029; and

2. Establish a 10% contingency allowance of $13,500 with Next Level Elevator to cover the cost of unforeseen expenses or additional services if needed.

EXECUTIVE SUMMARY:

On March 7, 2024, a Request for Proposals (RFP) soliciting vendors to provide comprehensive elevator maintenance and repair services at five (5) City facilities was released by the Department of Public Works. A total of eleven (11) prospective vendors were notified and/or inquired about the RFP in preparation for the proposal submittal deadline of April 11, 2024. In response to the RFP, the Department of Public Works received two (2) proposals from respective firms. All proposals were evaluated by Public Works staff and a respected vertical transportation consultant with consensus being reached to select Specialized Elevator dba Next Level Elevator (NLE) as the most qualified and responsive vendor to provide elevator maintenance and repair services for a five-year term, commencing July 1, 2024, in an amount not-to-exceed $27,000 annually.

BACKGROUND:

The Department of Public Works is responsible for operating, maintaining, and repairing five (5) elevators located in City facilities including City Hall, the Covina Public Library, the Metrolink Parking Structure, the Civic Center Parking Structure, and the Covina Theater/Laugh Factory. The current term for existing elevator maintenance and repair service agreements concludes on June 30, 2024. City staff initiated a Request for Proposals (RFP) process in March 2024 with the intent of selecting one contractor to service and repair all City elevators beginning July 1, 2024 under the terms of a new Professional Services Agreement.

On April 11, 2024, the City received two (2) proposals from respective firms in response to the aforementioned RFP. All proposals were assessed by Public Works staff and a respected vertical transportation consultant, Van Deusen & Associates, Inc., with a unanimous decision being reached, pursuant to work and cost proposals submitted, to select NLE as the most qualified and responsive vendor to provide elevator maintenance and repair services.

Following is a summary of prospective vendors that submitted proposals for consideration in response to the City’s RFP:

Prospective Vendor Proposed Monthly Contract
Amount
Proposed Annual Contract
Amount
GMS Elevator Services, Inc. $800.00 $9,600.00
Next Level Elevator $2,250.00 $27,000.00

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Although GMS Elevator Services, Inc. submitted the lowest proposed agreement amount in response to the RFP, the proposal submitted was deemed to be implausible as the price point did not correlate well with the comprehensive list of routine maintenance tasks and unscheduled services the City asked for in the RFP’s scope of work. NLE submitted the most responsive and responsible work and cost proposals that complemented the extensive catalog of routine maintenance, unscheduled service, and emergency response conveyed within the RFP.

DISCUSSION:

The scope of work proposal submitted by NLE is responsive to the City’s RFP requirements and the associated cost proposal is priced accordingly. Following is a summary of the annual work plan to be performed by NLE if awarded the proposed Agreement:
 Preventive monthly maintenance services, routine repairs, emergency services, and on-call services for City of Covina elevators
 Furnish all supplies, materials, labor, labor supervision, tools, equipment, and lubricants necessary to provide complete preventive maintenance, adjustment, replacement, and routine repair service for the vertical transportation systems described below:

Equipment Description: Five (5) Hydraulic Passenger Elevators  Dover Hydraulic - City Hall
 KONE Hydraulic - Civic Center / Downtown
 ThyssenKrupp Hydraulic – Metrolink
 Precise Hydraulic - Public Library
 Otis Hydraulic – Covina Theater
 Provide regularly scheduled preventive maintenance services and requisite repairs and replacement of parts (i.e. certain unscheduled maintenance) that become necessary during the term of the agreement for a fixed price. Contractor is also responsible for addressing (1) all state-issued preliminary orders resulting from annual inspections and (2) monthly recordkeeping activities for compliance with state safety codes.

Based on the satisfactory performance and positive references NLE has secured from other local government agencies, educational institutions. and commercial businesses, the Department of Public Works recommends the City Council authorize the City Manager to execute the Professional Services Agreement (PSA) (Attachment A) for elevator maintenance and repair services with NLE. The PSA would be effective for the period starting July 1, 2024 through June 30, 2029, unless sooner terminated in an amount not-to-exceed $27,000 annually.

FISCAL IMPACT:

The fiscal impact associated with the Professional Services Agreement with Next Level Elevator for elevator maintenance and repair services at pertinent City facilities (Metrolink Parking Structure, Civic Center Parking Structure, City Hall, Public Library, and Covina Theater) is an amount not-to-exceed $27,000 between July 1, 2024, and June 30, 2029. Sufficient funding in FY25 is available as follows:

Location Account Account No. Amount
City Hall Building Maintenance – Buildings/Structures 7020-6100-52400 $5,400 Civic Center Parking Structure Municipal Parking District – Maintenance 2700-2800-52422 $5,400 Covina Library Building Maintenance – Buildings/Structures 7020-6100-52400 $5,400 Covina Theater Building Maintenance – Buildings/Structures 7020-6100-52400 $5,400 Metrolink Parking Structure Proposition A – Metrolink Maintenance 2400-TO01-52422 $5,400 270

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The fiscal impact associated with elevator maintenance & repair services for the remaining four (4) years of the agreement is $27,000 per annum. Sufficient funding will be included in future proposed Department of Public Works and Civic Center Facilities operating budgets as outlined below:

Fund Description Account No. Amount
Proposition A Metrolink Station Maintenance 2400-TO01-52422 $5,400.00 Municipal Parking District Civic Center Parking Maintenance 2700-2800-52422 $5,400.00 Building Maintenance Maintenance–Buildings 7020-6100-52400 $16,200.00 Total Funding Per Fiscal Year $27,000.00
CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):

The project has been reviewed for compliance with the California Environmental Quality Act (CEQA) and is exempt per Section 15061 (b) (3). The project is covered by the General Rule that CEQA applies to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

Respectfully submitted,

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PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement (“Agreement”) is dated July 1, 2024 (“Effective Date”) and is between the City of Covina, a California municipal corporation (“City”) and Specialized Elevator dba Next Level Elevator, a California corporation (“Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

RECITALS
A. City desires to utilize the services of Consultant as an independent contractor to provide/perform Elevator Maintenance and Repair Services throughout the City of Covina.

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

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

The parties therefore agree as follows:

1. Term of Agreement. The term of this Agreement shall be from the Effective Date through June 30, 2029 unless sooner terminated as provided in Section 13 of this Agreement. In no event shall the contract be extended beyond June 30, 2029.

2. Compensation.

A. Compensation. As full compensation for Consultant’s services provided under this Agreement, City shall pay Consultant a sum not to exceed Twenty-Seven Thousand Dollars ($27,000) (the “maximum compensation”) per annum, based on the hourly rates set forth in the Approved Fee Schedule, attached hereto as Exhibit A. Any terms in Exhibit A, other than the payment rates and schedule of payment, are null and void. The maximum five-year term shall not exceed $135,000 in payments made to Consultants without prior approval of the City Council and a written amendment 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 Consultant, unless the City Council and the Consultant Representative authorize the additional services in writing prior to Consultant’s performance of the additional services or incurrence of additional expenses. Any additional services or expenses authorized by the City Council shall be compensated at the rates set forth in Exhibit A, or, if not specified, at a rate mutually agreed to by the parties. City shall make payment for additional services and expenses in accordance with Section 4 of this Agreement.

3. Consultant’s Services.

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

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ATTACHMENT A

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

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

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

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

E. Personnel. Consultant has, or will secure at its own expense, all personnel required to perform the services required under this Agreement. All of the services required under this Agreement shall be performed by Consultant or under its supervision, and all personnel engaged in the work shall be qualified to perform such services.

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

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

4. Method of Payment.

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

B. Payment. City shall pay all undisputed invoice amounts within thirty (30) calendar days after receipt up to the maximum compensation set forth in Section 2 of this Agreement. City shall not withhold federal payroll, state payroll or other taxes, or other similar deductions, from payments made to Consultant. For all reimbursements authorized by this Agreement, Consultant

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shall provide receipts on all reimbursable expenses in excess of Fifty Dollars ($50) in such form as approved by the Finance Director.

6. Independent Contractor.

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performing work that would require Consultant or one of its officers, employees, associates or subcontractors to abstain from a decision under this Agreement pursuant to a conflict of interest statute. Consultant shall incorporate a clause substantially similar to this Section 8 into any subcontract that Consultant executes in connection with the performance of this Agreement.

9. Indemnification.

A. Indemnities for Third Party Claims.
1) To the fullest extent permitted by law, Consultant shall, at its sole cost and expense, defend, hold harmless and indemnify City and its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively “Indemnitees”), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens and losses of any nature whatsoever, including fees of accountants, attorneys or other professionals, and all costs associated therewith, and the payment of all consequential damages (collectively “Liabilities”), in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant, its officers, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the parties. Consultant shall defend the Indemnitees in any action or actions filed in connection with any Liability with counsel of the Indemnitees’ choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs actually incurred in connection with such defense. Consultant shall reimburse the Indemnitees for any and all legal expenses and costs incurred by Indemnitees in connection therewith. 2) Consultant shall pay all required taxes on amounts paid to Consultant under this Agreement, and indemnify and hold City harmless from any and all taxes, assessments, penalties and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Consultant shall fully comply with the workers’ compensation law regarding Consultant and Consultant’s employees. Consultant shall indemnify and hold City harmless from any failure of Consultant to comply with applicable workers’ compensation laws.

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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.

D. Survival of Terms. Consultant’s indemnifications and obligations under this Section 9 shall survive the expiration or termination of this Agreement.

10. Insurance.

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

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11. Mutual Cooperation.

13. Termination or Suspension of Agreement.

A. Right to Terminate or Suspend for Cause. If Consultant violates any of the provisions of this Agreement or fails to properly provide the services required by this Agreement to the satisfaction of the City, the City shall provide to the Consultant a written Notice to Cure the specific deficiencies and shall allow a reasonable cure period of sixty (60) calendar days (unless another cure period is otherwise agreed to in writing by both parties) to cure and correct these deficiencies to the City’s satisfaction. In the event Consultant fails to correct the deficiencies in the allotted cure period, the City shall have the right to terminate this Agreement with thirty (30) calendar days’ written notice to the Contractor. The effective date of the termination of the Agreement pursuant to this subsection A shall be the 31st day after the date of the written notice of termination.

B. Right to Terminate or Suspend due to Modernization. If the City chooses to modernize an elevator control system, this Agreement may be canceled with thirty (30) calendar days’ written notice.

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

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If to City: If to Consultant:

Attn: Transportation Division Lance Green, Operations Manager City of Covina Next Level Elevator
125 E. College Street 3530 E Enterprise Drive
Covina, California 91723 Anaheim, CA 92807

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

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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.

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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]

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

City:

City of Covina,
a California municipal corporation
By:

Name: Chris Marcarello
Title: City Manager
ATTEST:

By:

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

Specialized Elevator dba Next Level Elevator
a California corporation
By:

Name: Lance Green
Title: Operations Manager
By:

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

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EXHIBIT A

APPROVED FEE SCHEDULE

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EXHIBIT B

SCOPE OF SERVICES

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EXHIBIT C

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

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

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 selfinsurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this Agreement.” Date _______________ Signature _________________________________

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CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. CC 12
Meeting: June 4, 2024
Title: Contract Service Agreement for On-Call Services for Maintenance and Repair of City Facilities
Presented by: Rafael M. Fajardo, Interim Director of Public Works/City Engineer Recommendation: Authorize the City Manager to execute Construction Contract Agreements between the City of Covina and authorized On-Call Contractor firms when necessary.

EXECUTIVE SUMMARY:

The City of Covina does not have sufficient in-house staffing resources to be able to address all citywide maintenance needs or emergency situations when public infrastructure and facilities are in dire need of service or repairs. Outside contractors have been utilized to supplement City staffing resources and perform construction/maintenance activities such as street repairs, pothole patching, main water leaks, concrete repairs, street striping, landscape maintenance and other specific functions when an expeditious response is necessary.

City staff is requesting a continuation of these contractual opportunities to ensure the City is well-protected against any deficiencies, threats or dangers that may inherently impact public areas, infrastructure and facilities.

DISCUSSION:

On-call contract agreements allow staff to retain construction/maintenance services during emergency situations or when major maintenance operations are required. Many cities exercise a common practice to have an on-call contractor list for emergencies or other significant events that may arise. The concept of having On-Call Construction/Maintenance Service Agreements provides a wide range of construction/maintenance services available to City staff. With this approach, City staff is able to supplement in-house resources with outside contractors to expeditiously and professionally respond to citywide deficiencies, threats or dangers accordingly.

Staff has vetted and selected various construction/maintenance companies, see Attachment “A”, to be included in the City’s catalog of contracted resources currently utilized for construction/maintenance services and repairs.

The companies listed have unique expertise and have previously worked for the City with satisfactory results.

City staff may subsequently contact these companies as needed to address various construction/maintenance service needs or emergencies.

City Council approval of this item will authorize City staff to solicit project proposals from one or more of the selected firms and retain competitive estimates to complete the scope of work in question. Pursuant to any proposals received, City staff may negotiate and execute an agreement with the most qualified construction/maintenance company. The cost of these services will then be charged directly to specific project accounts or enterprise accounts and procurement of services under these on-call services agreements will continue to adhere to the City’s purchasing guidelines.

FISCAL IMPACT:

On balance, the City is under no obligation to expend a specified dollar amount each fiscal year for construction/maintenance services and repairs nor using any of the companies identified on the On-Call Contractors list; each on-call construction or maintenance agreement will be handled independent of other oncall agreements, shall have a not-to-exceed value of $500,000 per fiscal year, and the requisite operating or capital budget must be programmed and approved by the City Council. Funding is provided through various sources

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including but not limited to General Fund, Internal Service Funds, Enterprise Funds, Special Revenue Funds, and Grant Funds.

CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):

Not applicable.

Respectfully submitted,

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ATTACHMENT A
On-Call Contractor List
Department of Public Works
Effective: July 1, 2024 – June 30, 2026
Company Location Contact Services
ADEP Precision
Contracting
16782 Millikan Avenue
Irvine, CA 92606
Raul
Uriostegui
Demolition/Abatement/Remediation
Services
Building Electronic
Controls, Inc.
2246 Lindsay Way
Glendora, CA 91740
Dispatch Fire Alarm Service & Monitoring
Bear Electrical
Solutions, Inc.
1252 State Street
Alviso, CA 95002
Ralph
Murillo
Traffic & Street Lighting
Repair/Maintenance
CEM Construction
Corporation
1412 Espanol Ave
Montebello, CA 90640
Eduardo
Carrillo
General Construction, Sewer
Pipeline Installation, Water Pipeline
Installation, Storm Pipeline
Installation
Commercial Door
Metal Systems
1410 Central Ave
Chino, CA 91710
Dispatch Commercial Door/Gate Repair &
Installation
Compressor Design
and Services, Inc
74885 Joni Drive, Suite
3 Palm Desert, CA 92260
Will
Brinson
CNG Station Compressor
Maintenance/Repairs
Control Air
Enterprises, LLC
5200 La Palma Ave
Anaheim, CA 91710
Kacey Hurt HVAC Maintenance & Repairs
Control Automation
Design, Inc.
1107 Fair Oaks Ave,
Suite #526
South Pasadena, CA
91030
Alice Choi SCADA Support
D&H Water
Systems, Inc
603 Seagaze Dr, Suite
241
Oceanside, CA 92054
Dan
Hartwig
CBS/RCS Chloramine Boosting
Systems
DXP Enterprises,
Inc.
1340 N. Jefferson St
Anaheim, CA 92807
Mark Fox Water Pumps & Motors

C I T Y O F C O V I N A
125 East College Street  Covina, California 91723-2199 www.covinaca.gov

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ATTACHMENT A
Enterprise Security,
Inc.
22860 Savi Ranch
Parkway
Yorba Linda, CA 92887
Brandon
Waite
Door Access Maintenance/Service
FH International, Inc 1959 Grace Street
Riverside, CA 92504
Frank
Contreras
CNG Fuel Station Dispenser
Maintenance/Repairs
FS Contractors, Inc. 14838 Bledsoe Street
Sylmar, CA 91342
Ernesto
Fierros
Concrete Repairs, General
Construction.

Fuel Equipment
Services, Inc.
4190 Mission Blvd
Montclair, CA 91763
Bob
Rodriguez
Fuel Station
Dispensers/Maintenance
Gentry Brothers, Inc. 384 E. Live Oak
Avenue
Jason M.

Roehrborn
Asphalt, Concrete Repairs, General
Construction
GRBCON, Inc. 5114 Elton St
Baldwin Park, CA
91706
John
Gavigan
Asphalt, Concrete, Sewer & Storm
Drain Repairs
Griswold Industries
dba Cla-Val
Company
1701 Placentia Ave
Costa Mesa, CA 92627
Jennifer
Lucha
Cla-Valve Repairs
GM Sager
Construction Co, Inc.
1380 S. East End Ave
Pomona, CA 91766
Francisco
Tovar
Asphalt, Concrete Repairs, General
Construction
Johnson Controls US
Holdings, Inc.
5770 Warland Drive,
Suite A
Cypress, CA 90630
Maria
Ramirez
Fire Alarm Service & Monitoring
Next Level Elevators
LLC
2199 N. Batavia St,
Suite S
Orange, CA 92865
Rom
Lumbao
Elevator Maintenance
Ocean Blue
Environmental
Services, Inc.
925 W. Esther Street
Long Beach, CA 90813
Justin Lee Hazardous Waste
Removal/Emergency Cleanup
Outdoor Creations
Inc.
2270 Barney Road
Anderson, CA 96007
Tim
Hudson
Park/Outdoor Recreation
Equipment
Power Security
Group
1390 W. 6th Street,
Suite 114
Corona, CA 92882
Sid
Hashemi
Security Services

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ATTACHMENT A
Robertson
Recreational
Surfaces
2140 E. Cedar St
Tempe, AZ 85281
Phil
Manzanares
Walking Trail Surface
Materials/Repairs
Siterep Inspection
Services
8644 Autumn Path
Street
Chino, CA 91708
Andre Ortiz General Construction, Construction
Management & Inspection Services
Sky JTC Corporation
dba Sky Painting
1027 S. Park View
Street, Los Angeles,
CA 90006
Tiger Cho Interior, Exterior, Commercial
Painting
Paint Body Vinyl &
Graphics, Inc dba
Fleet Refinishing
SoCal Wraps
15875 Santa Ana Ave
Fontana, CA 92337
Stan Bard Electrical Box Vinyl Wraps
Spiess Construction
Co. Inc.
201 S. Broadway St,
Suite #140
Orcutt, CA 93455
Barry
Matchett
Water Tanks/Reservoir Repairs
Stephen Doreck
Equipment Rentals,
Inc
9095 Telegraph Road
Pico Rivera, CA 90660
Pablo
Viramontes
General Construction, Water
Pipeline Installation
Sully-Miller
Contracting
Company
135 S. State College
Blvd, Suite 400
Brea, CA 92821
Mike Jones Asphalt, Water Line Installation,
Concrete Repairs, General
Construction
Tess Electric 12142 Severn Way
Riverside, CA 92503
Mike Beebe Electrical Contractor
United Site Services 320 S. Irwindale Ave
Azusa, CA 91702
Matt Sweet Portable Restrooms, Showers, Hand
Washing Stations, Temporary
Fencing
West Coast
Arborists, Inc.
2200 E. Via Burton
Street
Anaheim, CA 92806
John Pineda Tree Maintenance/Care
Zoom Recreation 445 S. Figueroa Street,
Suite 3100-279
Los Angeles, CA 90071
Justin Lotz Playground/Parks Equipment &
Installation

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ATTACHMENT B

CONTRACT

CITY OF COVINA CONTRACT FOR

ON-CALL CONTRACTOR - CONSTRUCTION
THIS CONTRACT (“Contract”) is made and entered this _________________ (“Effective Date”), by and between the CITY OF COVINA, a California municipal corporation (“City”) and ______ ________, a California corporation (“Contractor”). Contractor’s California State Contractor’s license number is ___ _ ; Class _ __. Contractor’s DIR registration number is __ ___.

In consideration of the mutual covenants hereinafter set forth, the parties hereto agree as follows:

1. Contract Documents. The Contract Documents consist of this Contract, the Notice Inviting Bids, Instructions to Bidders, Bid (including documentation accompanying the Bid and any postBid documentation submitted before the Notice of Award), the Bonds, permits from regulatory agencies with jurisdiction, General Provisions, Special Provisions, Plans, Standard Plans, Standard Specifications, Reference Specifications, Addenda, Change Orders, and Supplemental Agreements. The Contract Documents are attached hereto and incorporated herein by reference.

In the event of any conflict between the terms of this Contract and any incorporated documents, the terms of this Contract shall control.

2. Scope of Services. Contractor shall perform the Work in a good and workmanlike manner for the project identified as On-Call Contractor - Construction (“Project”), as described in this Contract and in the Contract Documents.

3. Compensation & Term. In consideration of the services rendered hereunder, City shall pay Contractor an amount not-to-exceed Five Hundred Thousand Dollars ($500,000) per fiscal year, in accordance with the prices as submitted in the Bid, attached hereto as Exhibit “A” and incorporated herein by this reference.

4. Incorporation by Reference. All of the following documents are attached hereto and incorporated herein by this reference: Workers’ Compensation Certificate of Insurance, Additional Insured Endorsement (Comprehensive General Liability), Additional Insured Endorsement (Automobile Liability), and Additional Insured Endorsement (Excess Liability).

5. Antitrust Claims. In entering into this Contract, Contractor offers and agrees to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. § 15) or under the Cartwright Act (Cal. Bus. & Prof. Code, § 16700 et seq.) arising from purchases of goods, services, or materials pursuant to the Contract. This assignment shall be made and become effective at the time City tenders final payment to Contractor without further acknowledgment by the parties.

6. Prevailing Wages. City and Contractor acknowledge that the Project is a public work to which prevailing wages apply.

7. Workers’ Compensation. 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, by signing this Contract, the Contractor certifies as follows:

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ATTACHMENT B
“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 Contract.”

8. Trenches and Other Excavations. If this Project involves the digging trenches or other excavations that will extend deeper than four (4) feet below the surface, Contractor shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: (1) material that Contractor believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law; (2) subsurface or latent physical conditions at the site differing from those indicated by information about the site made available to proposers prior to the deadline for submitting proposals; and (3) unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Contract.

9. Titles. The titles used in this Contract are for convenience only and shall in no way define, limit or describe the scope or intent of this Contract or any part of it.

10. Authority. Any person executing this Contract on behalf of Contractor warrants and represents that he or she has the authority to execute this Contract on behalf of Contractor and has the authority to bind Contractor to the performance of its obligations hereunder.

11. Entire Agreement. This Contract, including the Contract Documents and any other documents incorporated herein by specific reference, represents the entire and integrated agreement between City and Contractor. This Contract supersedes all prior oral or written negotiations, representations or agreements. This Contract may not be modified or amended, nor any provision or breach waived, except in a writing signed by both parties that expressly refers to this Contract.

12. Counterparts. This Contract may be executed in counterpart originals, duplicate originals, or both, each of which is deemed to be an original for all purposes.

IN WITNESS WHEREOF, the parties hereto have executed the Contract the day and year first above written.
[SIGNATURE PAGE FOLLOWS]

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ATTACHMENT B

CITY OF COVINA
By:

City Manager
ATTEST: APPROVED AS TO FORM:

By: By:

City Clerk City Attorney
Dated:
(“CONTRACTOR”)
By:

Printed Name:

Title:

By:

Printed Name:

Title:

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ATTACHMENT B

EXHIBIT A

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ATTACHMENT B

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:

ON-CALL CONTRACTOR - CONSTRUCTION
(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

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ATTACHMENT B
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.

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ATTACHMENT B

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:

ON-CALL CONTRACTOR - CONSTRUCTION
(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

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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:

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ATTACHMENT C

CITY OF COVINA AGREEMENT FOR

MINOR CONSTRUCTION AND MAINTENANCE SERVICES
This Agreement (“Agreement”) is dated July 1, 2024 (“Effective Date”) and is between the City of Covina, a California municipal corporation (“City”) and [Vendor Name] a [Legal Form of Entity, e.g., California corporation, limited partnership, 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 On-Call Contractor – Construction/Maintenance Services.

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

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

The parties therefore agree as follows:

1. Term of Agreement. The term of this Agreement shall be from the Effective Date through June 30, 2027, unless sooner terminated as provided in Section 14 of this Agreement. The City may, upon mutual agreement, extend the contract for two (2) additional one-year terms. In no event shall the contract be extended beyond June 30, 2029.

2. Compensation.

A. Cost of Work. For the Work described in Section 3 of this Agreement, Contractor shall receive the sum of exceed Five-Hundred Thousand Dollars ($500,000), per fiscal year, 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.

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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.

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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

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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.

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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'

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ATTACHMENT C
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

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ATTACHMENT C
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).

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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.

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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

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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

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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: Attn:

City of Covina Vendor Name
125 E. College Street Address Line 1
Covina, California 91723 Address Line 2

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.

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ATTACHMENT C

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.

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ATTACHMENT C
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]

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ATTACHMENT C
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:

Vendor Name,
a [Legal Form of Entity]
By:

Name:

Title:

By:

Name:

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EXHIBIT A

SCOPE OF WORK AND PAYMENT SCHEDULE

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EXHIBIT B

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

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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 ____________________________________

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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:

ON-CALL CONTRACTOR – CONSTRUCTION/MAINTENANCE SERVICES
(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 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

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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.

Dated:
“Principal”
By:

Its
By:

Its
(Seal)
“Surety”
By:

Its
By:

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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:

ON-CALL CONTRACTOR – CONSTRUCTION/MAINTENANCE SERVICES
(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.

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

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

Dated:
“Principal”
By:

Its
By:

Its
(Seal)
“Surety”
By:

Its
By:

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CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. CC 13
Meeting: June 4, 2024
Title: Award of Professional Service Agreement for Audit Services for Fiscal Years 2023-24 through 2026-27
Presented by: Anita Agramonte, Administrative Services Director Theresa Franke, Administrative Services Deputy Director - Finance Recommendation: Authorize City Manager to execute the Professional Service Agreement for Audit Services of Fiscal Years 2023-24 through 2026-27 with Clifton Larson Allen, LLP.

The City of Covina engages an audit firm each year to perform an independent audit of the City’s financial statements including governmental activities, business type activities, major funds and the aggregate remaining funds as well as related notes to the financial statements which collectively comprise the City’s basic financial statements. In addition the City, as a recipient of Safe, Clean Water Program (Measure W) funds, is required to perform a financial/compliance audit of the City’s related expenditure reporting, eligibility of expenditures, and compliance with all other applicable requirements. It is considered best practice to solicit these audit services every five to six years.

The City’s current auditors have performed the City’s audit for the previous five years, therefore staff issued a Request for Proposal (RFP) for Financial Auditing Services for fiscal years 2023-24 through 2026-27. Four certified public accounting (CPA) firms submitted timely proposals. Staff evaluated each proposal based upon several factors including firm qualifications and experience, similar engagements with other government entities, specific audit approach, and the organization/presentation of the proposal. The cost proposal was not the determining factor, but was considered when all other evaluating criteria were relatively equal. As a result of the evaluation process, staff recommends that the City Council authorize the City Manager to execute a Professional Service Agreement (Attachment A) with the firm of Clifton Larson Allen, LLP (CLA) as the successful candidate for audit services.

DISCUSSION:

CLA is a CPA and consulting firm with offices throughout the United States; the proposed agreement will have the City served by an industry-specialized engagement team located in Irvine, CA. The firm has served over 4,200 governmental entities and has received the Single Audit Resource Center Award, which recognized audit firms that provide outstanding service to their clients. In addition, the Irvine office staff (formerly White Nelson Diehl Evans) has performed the City of Covina’s annual audit since fiscal year 2018-19.

The services to be provided include, but are not limited to, a financial audit of the basic financial statements of the City, preparation of the City’s Annual Comprehensive Financial Report (ACFR), a review of the City’s GANN Appropriations Limit, a Single Audit of Federal Grants to meet Federal Regulations requirements, preparation of the State Controller’s Report, and procedures required per Measure W funding. These services will be provided in compliance with all applicable standards and regulations in a timeframe amenable to the City’s needs.

FISCAL IMPACT:

The services as proposed are budgeted in the Administrative Services Department and Measure W budgets. The total maximum cost of the three-year agreement is $209,320 to the General Fund (1010) and $12,600 to Measure EXECUTIVE SUMMARY:

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W Fund (2510) as detailed in Exhibit A of the Professional Service Agreement. If more than one major program is subject to the Single Audit, each additional program will cost $3,500.

CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):

Not applicable.

Respectfully submitted,

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ATTACHMENT A

PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement (“Agreement”) is dated June 4th, 2024 (“Effective Date”) and is between the City of Covina, a California municipal corporation (“City”) and Clifton Larson Allen, a Limited Liability Partnership (“Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

RECITALS
A. City desires to utilize the services of Consultant as an independent contractor to perform services as detailed in Exhibit B, “Scope of Services.” B. Consultant represents that it is fully qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees.

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

The parties therefore agree as follows:

1. Term of Agreement. The term of this Agreement shall be from the Effective Date through June 30, 2027, unless sooner terminated as provided in Section 14 of this Agreement. The City may, upon mutual agreement, extend the contract for two (2) additional one year terms. In no event shall the contract be extended beyond June 30, 2029.

2. Compensation.

A. Compensation. As full compensation for Consultant’s services provided under this Agreement, City shall pay Consultant the total flat sum Two-hundred-twenty-one-thousand-ninehundred-twenty Dollars ($221,920) (the “maximum compensation”), as set forth in the Approved Fee Schedule, attached hereto as Exhibit A. The fee includes one major program subject to the Single Audit; additional major programs, if required, will be $3,500 each. Any terms in Exhibit A, other than the payment rates and schedule of payment, are null and void.

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

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3. Consultant’s Services.

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

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

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

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

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

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

4. Method of Payment.

A. Invoices. Consultant shall submit to City an invoice, on a monthly basis or less frequently, for actual services performed pursuant to this Agreement. Each invoice shall itemize

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the services rendered during the billing period, hourly rates charged, if applicable, and the amount due. If City disputes any of Consultant's fees, it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice.

6. Independent Contractor.

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

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any work product related to Consultant’s performance of the services under this Agreement, or as may be necessary to inspect or visit City locations and/or private property to perform the services.

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

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

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

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

7. PERS Compliance and Indemnification.

A. General Requirements. The parties acknowledge that City is a local agency member of PERS, and as such has certain pension reporting and contribution obligations to PERS on behalf of qualifying employees. Consultant agrees that, in providing its employees and any other personnel to City to perform the services under this Agreement, Consultant shall assure compliance with the Public Employees’ Retirement Law, commencing at Government Code Section 20000, the regulations of PERS, and the Public Employees’ Pension Reform Act of 2013, as amended. Without limitation to the foregoing, Consultant shall assure compliance with regard

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to personnel who have active or inactive membership in PERS and to those who are retired annuitants and in performing this Agreement shall not assign or utilize any of its personnel in a manner that will cause City to be in violation of the applicable retirement laws and regulations.

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

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

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

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

10. Indemnification.

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

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

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

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

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D. Survival of Terms. Consultant’s indemnifications and obligations under this Section 10 shall survive the expiration or termination of this Agreement.

11. Insurance.

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

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

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

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

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

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

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

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

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12. Mutual Cooperation.

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

14. Termination or Suspension of Agreement.

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

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

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If to City: If to Consultant:

Attn: Anita Agramonte Attn: Joseph Ludin, CPA
Administrative Services Director CliftonLarsonAllen LLP City of Covina 2875 Michelle Drive, Suite 300
125 E. College Street Irvine, CA 92606
Covina, CA 91723

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

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

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

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.

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

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.

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

30. Authority to Execute Agreement. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute

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this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder.
[SIGNATURE PAGE FOLLOWS]

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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
APPROVED AS TO FORM:

By:

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

CliftonLarsonAllen
a Limited Liability Partnership
By:

Name:

Title:

By:

Name:

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EXHIBIT A

APPROVED FEE SCHEDULE
Displayed below and incorporated herein is Exhibit A reflecting the cost as provided by the Consultant.

APPROVED FEE SCHEDULE
Quoted Hourly
Rates
Principal $390/hr
Director $220/hr
Supervisory Staff $160/hr
Professional Staff $120/hr
Clerical Staff $110/hr
Annual Maximum Compensation
Audit Year 2023/24 2024/25 2025/26
Audit-City of Covina $ 57,595 $ 59,850 $ 61,950
Single Audit* $ 4,620 $ 4,830 $ 5,040
Annual State Controller’s
Report $ 4,935 $ 5,145 $ 5,355
Measure W Safe Clean Water
Act Audit $ 12,600
Total Annual Maximum
Compensation $ 67,150 $ 69,825 $ 84,945
Charges reflected are designed with an understanding that:
 City personnel will provide documents and information requested in a timely fashion.  The operations of the City do not change significantly and do not include any future acquisitions or significant changes in the City’s business operations.  There are not significant changes to the scope, including no significant changes in auditing, accounting, or reporting requirements.
*The Single Audit fee is for one major program; each additional program is $3,500. **The Measure W Safe Clean Water Act Audit has changing regulations as FY 2023 is the first year of the requirement. The price for services in FY 2026 is based on current information.

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EXHIBIT B

SCOPE OF SERVICES

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CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. CC 14
Meeting: June 4, 2024
Title: First Amendment to the Agreement between Control Air Enterprises, LLC and the City of Covina to Include Additional Scope of Work and Allocation of Additional Funds for the Covina Senior & Community Center HVAC Repair Project
Presented by: Rafael M. Fajardo, Interim Director of Public Works/City Engineer Recommendation: 1. Authorize the City Manager to execute a First Amendment to the agreement between Control Air Enterprises, LLC and the City of Covina to include additional work necessary to complete repairs for the Covina Senior & Community Center HVAC Repair Project; and

2. Approve the allocation of additional funding from the FY 2023-2024 Operational Budget for the additional work required.

EXECUTIVE SUMMARY/BACKGROUND:

On March 19, 2024, City Council approved award of contract to Control Air Enterprises, LLC for the Covina Senior & Community Center HVAC Repair Project in the amount of $37,837. The Department of Public Works determined it necessary to replace the secondary compressor units that serve the heating ventilation and cooling system (HVAC) at the Covina Senior & Community Center. The secondary compressors began 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. As such, the primary units have been placed under unique stress to keep up with the system’s load demand.

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. However, during these repairs, the vendor discovered that additional replacements are needed in order to complete the system repair and restore operations.

DISCUSSION:

Recently Control Air Enterprises, LLC identified the need for additional repairs not included in the original scope of work. The below details the additional work and components required to complete the repair of the HVAC unit at the Covina Senior & Community Center in order to restore the system to its full functionality:
 Replacement of Compressors and Inverter Boards (Rooftop Unit)  Replacement of Heat Recovery Box (Rooftop Unit)
 Replacement of Compressor 2, Inverter Board 2, and Noise Board 2 As such, City staff is recommending authorization of the First Amendment to the original Minor Construction & Maintenance Agreement to now include these additional work items (Attachment A) and the approval to use additional funds within the current Fiscal Year 2023-2024 Operational Budget – Building Maintenance Fund in the amount of $35,000 to cover the additional work required. The compensation identified in the current Minor Construction & Maintenance Services Agreement between the City of Covina and Control Air Enterprises is $37,837. These additional repairs will increase the overall compensation to $72,837.

FISCAL IMPACT:

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Sufficient funding for the additional $35,000 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,

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FIRST AMENDMENT TO AGREEMENT BETWEEN THE CITY OF COVINA AND CONTROL AIR ENTERPRISES, LLC.

COVINA SENIOR & COMMUNITY CENTER HVAC REPAIR PROEJCT
THIS FIRST AMENDMENT is made and entered into as of June 4, 2024 by and between the City of Covina, a California municipal corporation (hereinafter referred to as “City”), and Control Air Enterprises, LLC, a California corporation (hereinafter referred to as "Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

1. This First Amendment is made with the respect to the following facts and purposes:
a. On March 19, 2024, the City and Contractor entered into that certain Minor Construction & Mantenance Services Agreement for the Covina Senior & Community Center HVAC Repair Project in the amount of $37,837.
b. The parties now desire to add scope of work and increase the compensation in the amount of $35,000 for a new total agreement amount not to exceed $72,837 and to amend the Agreement as set forth in this Amendment.

2. Paragraph A of Section 2 of the Agreement entitled “COMPENSATION” is hereby amended to read as follows:

A. Compensation. As full compensation for Contractors’s services provided under this Agreement, City shall pay Contractor the total flat sum of Seventy Two Thousand Eight Hundred Thirty Seven Dollars ($72,837) (the “maximum compensation”), as set forth in the Approved Fee Schedule, attached hereto as Exhibit A. Any terms in Exhibit A, other than the payment rates and schedule of payment, are null and void.

3. Exhibit A to the Agreement is hereby amended by adding thereto the items set forth on Attachment “A” to this Amendment, which is attached hereto and incorporated herein as though set forth in full.

4. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect.

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

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ATTACHMENT A
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:

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ATTACHMENT A
Attached hereto and incorporated herein is the additional scope of work and associated cost as provided by the Contractor.

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CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. CC 15
Meeting: June 4, 2024
Title: Planned Community Development Modification Time Extension Request Presented by: Brian K. Lee, AICP, Director of Community Development Recommendation: City Council approval of a One-Year Time Extension for Planned Community Development Modification (PCDM) 22-1, by approving Resolution CC 2024-26 subject to the Conditions of Approval listed in the Resolution.

EXECUTIVE SUMMARY:

On May 2, 2023, the City Council approved a request to modify Planned Community Development (PCD) 77- 002 (Ordinance 1374) to allow for the installation of a wrought iron fence and pedestrian gate to the rear access onto East Nubia Street, the installation of new security gates to the main entrance, off Citrus Avenue, and to modify their existing open space (tennis court) to install two new basketball posts. On May 1, 2024, city staff received a letter from Lordon Management Company, on behalf of Covina Townhomes Owners Association, requesting a time extension. Lordon Management Company recently became the property management company for Covina Townhomes and is requesting additional time to familiarize itself with the requirements of the PCD modification and prepare the required construction documents for the building plan check review and permit issuance.

Covina Municipal Code (CMC) Section 17.58.180 authorizes the City Council to grant a time extension for precise plan approval permit associated with a planned community district. The City Council may extend the time limitation once, for a period of not to exceed one year, without a public hearing. Ordinance 23-03 was approved by the City Council on May 2, 2023, and became effective June 2, 2023. The Time-Extension request was received prior to the project approval expiration date of June 2, 2024. To grant the one-year time extension for the Planned Community Development Modification (PCDM), the City Council must reaffirm the findings made on May 2, 2023. The Project scope has not changed, and the findings presented at the May 2, 2023, City Council meeting remain the same. City staff recommends that the City Council make these findings again, including the finding of exemption under the California Environmental Quality Act (CEQA) guidelines, as listed in the attached Ordinance 23-03.

FISCAL IMPACT:

The approval of the PCDM extension would result in a building permit and associated fees.

CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):

Pursuant to and in compliance with the provisions of the California Environmental Quality Act (CEQA), the City Council on May 2, 2023, adopted Ordinance 23-03 and determined that the Project is categorically exempt from the detailed review-related requirements of the California Environmental Quality Act (CEQA). This determination was made based on Section 15301 Class 1 of the CEQA Guidelines, as the Project consists of the operation, repair, maintenance, permitting, or minor alterations of existing private structures on the subject property, and Section 15303 Class 3 of the CEQA Guidelines, as the Project consists of construction of limited numbers of small accessory structures including fences. The proposed project consists of adding/repairing a wrought iron fence at the rear access from East Nubia Street, and installing new security gates at the main entrance off Citrus Avenue. Furthermore, there is no possibility that the activity in question may significantly affect the environment, and the Project is not subject to CEQA pursuant to Guidelines Section 15061(b)(3).

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Respectfully submitted,

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ATTACHMENT C

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RESOLUTION CC 2024-26

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

CALIFORNIA, APPROVING A ONE-YEAR TIME EXTENSION FOR

PLANNED COMMUNITY DEVELOPMENT MODIFICATION (PCDM)
22-1, WITHIN THE PLANNED COMMUNITY DEVELOPMENT/ MULTIFAMILY RESIDENTIAL-4000 (PCD/RD) ZONE, LOCATED AT 1244

NORTH CITRUS AVENUE AND MAKING A DETERMINATION OF

EXEMPTION FROM CEQA
WHEREAS, on May 2, 2023, the City Council adopted Ordinance 23-03, approving Planned Community Development Modification 22-01, modifying Planned Community Development 77-002, to allow a black wrought iron fence at the rear of the property to become access for emergency services only from East Nubia Street, and installation of new turn around security gates at the main entrance off of Citrus Avenue and an installation of two basketball goal post assembly at the existing tennis sport court. The expiration date of the approval is June 2, 2024; and

WHEREAS, on May 1, 2024, city staff received a letter from Lordon Management Company, on behalf of Covina Townhomes Owners Association, requesting a time extension.

Lordon Management Company recently became the property management company for Covina Townhomes and is requesting additional time to familiarize themselves with the details and requirements of the PCD modification to prepare the required construction documents for Building plan check review and permit issuance. The request was received prior to the June 2, 2024 expiration date; and
WHEREAS, Covina Municipal Code CMC Section 17.58.180, authorizes the City Council to grant a time extension for a precise plan approval permit associated with a planned community district. The City Council may extend the time limitation only once, for a period of not to exceed one year, without a public hearing. This is the first time extension request; and WHEREAS, on June 4, 2024, the City Council held a public meeting, at which time all parties were afforded the opportunity to present oral and written evidence to the City Council and rebut the oral and written evidence presented. The City Council concluded the public meeting on said date; and
WHEREAS, all legal prerequisites prior to the adoption of this Resolution have occurred.

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

SECTION 1. The foregoing recitals are true and correct, incorporated herein, and made an operative part of this Resolution.

SECTION 2. After considering all evidence presented at the public meeting on June 4, 2024, both oral and documentary, and after being fully informed, said City Council does hereby

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Resolution CC 2023-26 Page 3 of 5
find and decide:

Findings for Planned Community Development Modification:

1. That the site for the proposed use is adequate in size and shape to accommodate the use;
Facts: The proposed construction of the front security gate and the new 6-foot tall wrought iron fence off Nubia Street is contained within the existing property of Covina Townhomes. No additional square footage is being proposed. It complies with the Covina Municipal Code, Covina General Plan, and Covina Design Guidelines. Covina Townhomes is proposing to construct a front security gate and the new black wrought iron fence with no alteration to the building height, appearance, and setback. The building footprint will not be altered. The project design conforms to the general plan, the design guidelines, transportation demand management regulations, and any specific plans or guidelines which may be applicable to the project. The project design is harmonious, consistent, and complete within itself and functionally and visually compatible with neighboring structures and the area in which it is located. The development will constitute an adequate environment for the intended use by sustaining the desirability and stability of the neighborhood and community. Therefore, this criterion has been met.

2. That the site for the proposed use relates to streets and highways adequate in width and pavement type to carry the quantity and kind of traffic generated by the proposed use;
Facts: The construction of a new security gate and rear access gate, for emergency access only, complies with all the applicable regulations as described in the staff report and with the approved PCD 77-002. The proposed security gate and preservation of the rear gate access (off Nubia Street) for emergency access only, will result in vehicle calming measures as vehicles enter and exit the townhome condominium complex from Citrus Avenue. Ingress and egress will remain off Citrus Avenue and no increase in traffic will occur onto Nubia Street, with the exception of emergency responders. The existing street width and pavement type to carry the quantity of traffic generated will not change the already existing traffic demand from the townhome development. The facility will protect and maintain the visual aesthetic of the community, which then complies with the General Plan Land Use Objective 1, Section 2. Residential (6) “Ensure that the overall amount, locations, and timing of development reflect community desires and needs as well as physical and environmental constraints and will not inhibit the City’s ability to meet street capacities and to provide other infrastructure, utilities, and adequate community services.” Therefore, this criterion has been met.

3. That the proposed use is not detrimental to the surrounding properties or uses permitted in the general area;
Facts: The proposed new gates will be confined in conformance with development standards consistent with the character, appearance, and features of the Covina Townhome Development. The proposed security gate and preservation of the rear gate access (off Nubia Street) for emergency access only, will result in vehicle calming measures as vehicles enter and exit the townhome condominium complex from Citrus Avenue. Ingress and egress will remain off Citrus Avenue and no increase in traffic will

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Resolution CC 2023-26 Page 4 of 5
occur onto Nubia Street, with the exception of emergency responders, thereby facilitating the desired sustainability and stability adequate for its environment, the neighborhood, and the community it will serve. Therefore, this criterion has been met.

4. That the conditions stated in the decision are deemed necessary to protect the health, safety and general welfare;
Facts: The project design is harmonious, consistent, and complete within itself and functionally and visually compatible with neighboring structures and the area in which it is located. The development will constitute an adequate environment for the intended use by sustaining the desirability and stability of the neighborhood and community. The construction of a new security gate and rear access gate, for emergency access only, complies with all the applicable regulations as described in the staff report and with the approved PCD 77-002. The proposed security gate and preservation of the rear gate access (off Nubia Street) for emergency access only, will result in vehicle calming measures as vehicles enter and exit the townhome condominium complex from Citrus Avenue. Ingress and egress will remain off Citrus Avenue and no increase in traffic will occur onto Nubia Street, with the exception of emergency responders. The proposed new gates will be confined in conformance with development standards consistent with the character, appearance, and features, thereby facilitating the desired sustainability and stability adequate for its environment, the neighborhood, and the community it will serve.

Therefore, this criterion has been met.

SECTION 3. Pursuant to and in compliance with the provisions of the California Environmental Quality Act (CEQA), the City Council, on May 2, 2023, adopted Ordinance 23-3.

The City Council, in its independent judgment, concluded that the Project was exempt from CEQA pursuant to CEQA Guidelines Sections 15301, 15303, and 15061(b)(3). There is no possibility that the one year extension of the entitlement will have a significant effect on the environment and furthermore, the project itself remains the same and without new environmental impacts and therefore remains exempt from CEQA pursuant to CEQA Guidelines Sections 15301, 15303, and 15061(b)(3).

SECTION 4. Based upon the findings and conclusion set forth in Sections 1, 2, and 3 above, the City Council hereby approves the time extension for the project:

A. A one-year time extension for Planned Community Development Modification (PCDM) 22-1 subject to the conditions of approval as set forth in Ordinance 23-03 incorporated here and attached hereto as Exhibit “A.” The new expiration date shall be June 4, 2025.

B. The City Clerk is directed to serve, by first-class mail, a written notice of this decision to the project applicant within five (5) days.

SECTION 5. Effective Date. This Resolution shall be effective upon adoption.

SECTION 6. Certification. The City Clerk shall certify to the passage and adoption of this resolution and shall enter the same in the Block of Original Resolutions.

APPROVED and PASSED this 4th day of June, 2024.

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Resolution CC 2023-26 Page 5 of 5
City of Covina, California
BY:

JOHN C. KING, Mayor
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 2024-26 was duly adopted by the City Council of the City of Covina at a regular meeting held on the 4th day of June, 2024, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Dated:
___________________________________
FABIAN VELEZ, Chief Deputy City Clerk

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CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. CC 16
Meeting: June 4, 2024
Title: Reconveyance of Trust Deed for PKL Property
Presented by: Brian K. Lee, AICP, Director of Community Development Recommendation: City Council approve and authorize Reconveyance of the Deed of Trust and authorize the City Manager to execute and deliver the Substitution of Trustee and Full Reconveyance regarding property located at 1000 N. Azusa Avenue, Covina (APNs: 8421-001-016 and 061).

BACKGROUND:

On January 16, 2024, the City Council approved the following entitlements for the development and construction of a Mixed-Use Development Project located at 1000 N. Azusa Avenue, Covina that included a mixture of residential and commercial land uses on an approximately 8.0-acre site that included a 97-unit 3-story multifamily residential townhome development, a 3,396 square foot, self-service, mechanical drive-through car wash (Quick Quack Car Wash), a 950 square-foot coffee shop with drive-through (Dutch Bros. Coffee), and a 3,500 square-foot restaurant with drive-through. The Project included the following entitlements:

1. An amendment to the Land Use Element of the Covina General Plan (GPA 22-1);

2. The Covina Village Specific Plan (SP 22-1);

3. Zoning Code Text Amendment (ZCH 22-7);

4. Zone Change and Zoning Map Amendment (ZCH 22-7 & GPA 22-1);

5. Lot Line Adjustment (LLA 23-2) separating the commercial component to be developed by PKL Investments, LLC (“PKL”) on the Property from the residential component to be entitled and developed separately by Melia Homes, Inc. The recordation of Lot Line Adjustment (23-2) is necessary to enable the PKL to convey the residential portion of the Project to Melia Homes.

6. Tentative Parcel Map No. 84018 (TPM 22-2) (the “Parcel Map”);

7. Major Site Plan Review (SPR 22-226);

8. Conditional Use Permit (CUP 22-7) for an approximately 3,500 square foot drive-through restaurant on a 34,242 square foot parcel to be occupied by any of the following on the proposed 0.786-acre parcel:

Freddy’s Frozen Custard, Joe’s Crab Shack, The 908, Bossa Nova, Urban Spoon, Tender Greens, Vino E Cucina, The Nest, Habit, Baja Fresh, Shake Shack, Einstein Bros. Bagels, Western Bagel, Sura Korean BBQ & Tofu House, Crazy Rock’n Sushi, Vino E Cucina, Steak n Shake, Rally’s, Fat Burger, Five Guys, Sonic Drive-In, Firehouse Subs, Arby’s, King Taco, or Panera Bread;

9. Conditional Use Permit (CUP 22-8) for an approximately 3,596 square foot drive-through Quick Quack Car Wash on a proposed 58,430 square foot (1.34-acre) parcel;

10. Conditional Use Permit (CUP 22-9) for an approximately 950 square foot drive-through Dutch Bros Coffee Shop on a proposed 29,584 square foot (0.7-acre) parcel;

11. The certification of an “EIR (as hereafter defined) concerning the Project and the making of certain associated findings; and

12. A Development Agreement under the Development Agreement Act. This Development Agreement only covers the Commercial Property owned by PKL, not the Melia Homes residential area.

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EXECUTIVE SUMMARY:

Pursuant to Section 10(d) of the Development Agreement, to ensure the Developer builds the Project as proposed, the Developer agreed to pay to the City a Public Benefit Contribution of Six Hundred Thousand Dollars ($600,000) on or before May 1, 2024. Concurrently with the execution and delivery of the Development Agreement, Developer delivered to the City a fully executed promissory note (“Note”) and a Deed of Trust and Assignment of Rents dated January 16, 2024, and recorded on March 11, 2024 as Instrument No. 20240156756 of Official Records of Los Angeles County, California (“Trust Deed”). The Note evidenced, and the Trust Deed secured the Developer’s obligation to pay the $800,000 of liquidated damages payable under Section 10(g) of the Development Agreement. The Trust Deed was recorded against the Property and a Policy of Title Insurance was issued to the City, at Developer’s cost, with coverage in the amount of $800,000 insuring the City that the Trust Deed is a first lien on the Property and that all property taxes and assessments are paid current.

Section 10(d) of the Development Agreement also provides that if Developer pays the Public Benefit Contribution by May 1, 2024, then the City shall promptly, upon request by the Developer, execute, acknowledge and deliver to the Developer a full reconveyance of the Trust Deed to be recorded releasing the Trust Deed from the Property (“Reconveyance”).

The Developer paid the Public Benefit Contribution of $600,000 on March 23, 2024, prior to the May 1, 2024 deadline. PKL has since requested that the City execute and deliver to PKL a full reconveyance of the Trust Deed.

Therefore, pursuant to Section 10(d) of the Development Agreement, staff is requesting that the City Council approve and authorize Reconveyance of the Deed of Trust and authorize the City Manager to execute and deliver the Substitution of Trustee and Full Reconveyance, attached with this agenda report.

Please note that the $600,000 Public Benefit Contribution is refundable to PKL if PKL satisfies its obligations under Section 6 of the Development Agreement, which include constructing the Project with the uses specified within the time frames set forth in Section 6 of the Development Agreement.

FISCAL IMPACT:

There is no fiscal impact.

CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):

This Project is not subject to CEQA.

Respectfully submitted,

ATTACHMENTS
A. Form of Substitution of Trustee and Full Reconveyance B. Development Agreement (Recorded)

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12923-0008\2957093v2.doc

ATTACHMENT A

RECORDING REQUESTED BY,
AND WHEN RECORDED MAIL TO:

City of Covina
125 E. College Street
Covina, CA 91723
with a copy to:

PKL Investments, LLC
2863 Maricopa Street
Torrance, CA 90503
Attn: Allan Lui
APNs: 8421-001-006 and 061
SPACE ABOVE THIS LINE FOR RECORDER’S USE

SUBSTITUTION OF TRUSTEE AND FULL RECONVEYANCE

WHEREAS, PKL INVESTMENTS, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, is the Trustor, FIDELITY NATIONAL TITLE COMPANY is the Trustee, and the CITY OF COVINA, is the beneficiary under that certain Deed of Trust and Assignment of Rents (Short Form) dated January 16, 2024, and recorded on March 11, 2024 as Instrument No. 20240156756 of Official Records of Los Angeles County, California, describing land therein as:

SEE EXHIBIT A ATTACHED
WHEREAS, the undersigned Beneficiary desires to substitute itself as new Trustee under said deed of trust, and reconvey said deed of trust.

NOW THEREFORE, the undersigned hereby substitutes itself as Trustee under said Deed of Trust, and does hereby RECONVEY, without warranty, to the person or persons legally entitled thereto, the estate now held by the undersigned thereunder.

Dated: ____________, 2024
BENEFICIARY/SUBSTITUTED TRUSTEE:

CITY OF COVINA
By:

Name:

Title:

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12923-0008\2957093v2.doc

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA )
) ss.

COUNTY OF )
On , before me, , Notary Public, personally
appeared , who proved to me on the
basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.

Signature (seal)

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A-1-
12923-0008\2957093v2.doc

EXHIBIT A

LEGAL DESCRIPTION
PARCEL 2

THOSE PORTIONS OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 11, TOWNSHIP 1 SOUTH, RANGE 10 WEST, SAN

BERNARDINO MERIDIAN, IN THE CITY OF WEST COVINA, COUNTY OF LOS

ANGELES, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT OF SAID LAND FILED IN THE DISTRICT LAND OFFICE ON APRIL 21, 1877, DESCRIBED AS FOLLOWS:

THE SOUTH 500 FEET OF SAID PORTION OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 11, LYING NORTHERLY OF THE NORTHERLY LINE OF SOUTHERLY 306.90 FEET OF SAID L AND;

EXCEPTING THEREFROM THAT PORTION LYING EAST OF THE FOLLOWING DESCRIBED LINE:

COMMENCING AT THE INTERSECTION OF THE EAST LINE OF AZUSA AVENUE, 50.00 FOOT HALF WIDTH, AS SHOWN THE MAP OF TRACT NO. 34224, FILED IN BOOK 895, PAGES 56 THROUGH 58 OF MAPS, RECORDS OF SAID COUNTY, WITH THE NORTH LINE OF THE SOUTHERLY 306.90 FEET OF SAID PORTION OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 11; THENCE ALONG SAID NORTH LINE, NORTH 89'57'39" EAST 244.51 FEET TO THE POINT OF BEGINNING; THENCE LEAVING SAID NORTH LINE, PARALLEL WITH SAID EAST LINE OF AZUSA AVENUE, NORTH 0027'53" EAST 500.02 FEET TO A POINT ON THE NORTH LINE OF THE SOUTHERLY 806.90 FEET OF SAID PORTION OF THE WEST

HALF OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 11, SAID NORTH LINE ALSO BEING THE SOUTH LINE OF LOT 3 OF TRACT NO. 23421, AS SHOWN ON A MAP FILED IN BOOK 780, PAGE 18 OF MAPS, RECORDS OF SAID COUNTY, SAID POINT BEING THE TERMINUS POINT OF THIS DESCRIPTION.

APN: 8421-001-016 and 8421-001-061

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CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. PH 1
Meeting: June 4, 2024
Title: Resolution CC 2024-25 Removing an Existing Crosswalk at the Intersection of Workman Avenue and Palmetto Avenue
Presented by: Rafael M. Fajardo, Interim Director of Public Works/City Engineer Recommendation: Adopt Resolution CC 2024-25 approving the removal of an existing crosswalk at the intersection of Workman Avenue and Palmetto Avenue and making a determination of exemption under CEQA.

EXECUTIVE SUMMARY:

Resolution CC 2024-25 (Attachment A) is presented for the City Council’s consideration to remove an existing crosswalk at the intersection of Workman Avenue and Palmetto Avenue (the “Workman/Palmetto Crosswalk”).

BACKGROUND:

The Workman/Palmetto Crosswalk is an existing north-south uncontrolled crosswalk on the west leg of the intersection of Workman Avenue and Palmetto Avenue. The Workman/Palmetto Crosswalk is approximately 450 feet from the signalized Workman Avenue and Citrus Avenue intersection and approximately 330 feet from the new multi-way, stop-controlled crosswalk at the intersection of Workman Avenue and Second Avenue which was recently approved at the April 16, 2024 City Council meeting.

Citrus Avenue and Workman Avenue intersection is located westerly of Workman/Palmetto Crosswalk intersection. 2nd Avenue and Workman Avenue intersection is located easterly of Workman/Palmetto Crosswalk Intersection. These two intersections are controlled intersections; one with a traffic signal and the other one with multiway stop sign. Workman/Palmetto Crosswalk intersection is an uncontrolled intersection. Therefore, it is recommended that the City Council adopt Resolution CC 2024-25, authorizing the removal of the existing uncontrolled crosswalk at the Workman/Palmetto due to close proximity of two nearby protected pedestrian crossing locations.

DISCUSSION:

Workman Avenue is generally an east-west, 56-foot wide roadway. Workman Avenue is classified as “Major Collector” per the Federal Highway Administration (FHWA) California Road System (CRS) maps. It has two travel lanes in each direction with a double-yellow centerline for directional separation. The roadway is fully improved with curb & gutter and sidewalk. The posted speed limit is 35 MPH. Barranca Elementary School is located at the intersection of Workman Avenue and Barranca Avenue and approximately 1,200 feet away from the subject intersection. The Eastland Shopping Center is on the south side of Workman Avenue between Citrus Avenue and Barranca Avenue and adjacent to the subject intersection.

Palmetto Avenue is generally a north-south, 36-foot wide roadway classified as a local residential street. It has one travel lane in each direction. It is fully improved with curb & gutter and sidewalk along both sides of the roadway. The prima facie speed limit is 25 MPH.

The Transportation & Mobility Advisory Commission considered and recommended that the City Council approve the removal of the existing Workman/Palmetto Crosswalk at its April 9, 2024 meeting. Section 21950.5 of the California Vehicle Code (CVC) states that an existing marked crosswalk may not be removed unless notice

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and opportunity to be heard is provided to the public not less than 30 days prior to the scheduled date of removal.

In addition to any other public notice requirements, the notice of proposed removal shall be posted at the crosswalk identified for removal a minimum of 30 days prior to the public hearing.

To comply with CVC Section 21950.5, staff posted Crosswalk Removal Notices on May 2, 2024 on both sides of the Workman/Palmetto Crosswalk. The notices identify the crosswalk to be removed and provided information for public comment and the City Council public hearing. In addition, the Crosswalk Removal Notice was published in the San Gabriel Valley Examiner.

FISCAL IMPACT:

Total project costs for the removal of the Workman/Palmetto Crosswalk and word markings at the intersection of Workman Avenue and Palmetto Avenue are approximately $1,000. Sufficient funding is available in the approved Fiscal Year 2023-2024 Capital Improvement Program Budget for Traffic Calming Improvements under Measure M (Account No. 24202200-55310-P2008).

CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):

This project has been determined to be categorically exempt under CEQA in accordance with Title 14, Chapter 3, Class 1, Sections 15301 and 15302. This exemption includes the minor alteration of an existing street involving a pedestrian crossing with no expansion of use and will not involve the removal of scenic resources including a stand of trees, rock outcropping, or a historic building, in accordance with CEQA Guidelines 14 California Code of Regulations Section 15301.

Respectfully submitted,

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ATTACHMENT A
RESOLUTION CC 2024-25

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

CALIFORNIA, APPROVING THE REMOVAL OF AN EXISTING

CROSSWALK AT THE INTERSECTION OF WORKMAN AVENUE

AND PALMETTO AVENUE AND MAKING A DETERMINATION OF

EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL

QUALITY ACT
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 City of Covina Public Works Department is requesting the removal of a marked crosswalk located at the intersection of Workman Avenue and Palmetto Avenue; and WHEREAS, the existing marked crosswalk located at the intersection of Workman Avenue and Palmetto Avenue is approximately 450 feet from the signalized Workman Avenue and Citrus Avenue intersection and approximately 330 feet from the new stop-controlled crosswalk at the intersection of Workman Avenue and Second Avenue. Both of the intersections on either side of the Workman/Palmetto intersection are considered controlled crossings and thereby much safer for pedestrians than the uncontrolled crosswalk located at the intersection of Workman Avenue and Palmetto Avenue; and
WHEREAS, Vehicle Code Section 21106 provides that local authorities, by ordinance or resolution, may establish crosswalks between intersections; and WHEREAS, Covina Municipal Code Section 10.48.010 provides that the City Council is responsible for determining where the establishment of a marked crosswalk is warranted; and WHEREAS, Vehicle Code Section 21950.5(a) provides that: “An existing marked crosswalk may not be removed unless notice and opportunity to be heard is provided to the public not less than 30 days prior to the scheduled date of removal. In addition to any other public notice requirements, the notice of proposed removal shall be posted at the crosswalk identified for removal.”; and
WHEREAS, at its meeting on April 9, 2024, the Transportation & Mobility Advisory Commission considered and recommended approval of the proposed removal of the crosswalk located at the intersection of Workman Avenue and Palmetto Avenue; and WHEREAS, to comply with CVC Section 21950.5, the City posted Crosswalk Removal Notices on May 2, 2024 on both sides of the crosswalk located at the intersection of Workman Avenue and Palmetto Avenue notifying the public of the proposed crosswalk removal and providing information regarding the opportunity for public comment and the June 4, 2024 City Council Public Hearing; and
WHEREAS, the Crosswalk Removal Notice was also published in the San Gabriel Valley Examiner on May 2, 2024.

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Resolution CC 2024-25 Page 2 of 3

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

SECTION 1. The recitals set forth in the introductory paragraphs of this resolution are, in the independent opinion of the City Council, true and correct and incorporated herein.

SECTION 2. The City Council finds that this project involves removal of the crosswalk and is therefore statutorily exempt from the provisions of the California Environmental Quality Act (“CEQA”) under CEQA Guidelines Section 15282(k) because the project primarily consists of restriping a street by removing the crosswalk markings to avoid adverse impacts to pedestrian and vehicular safety. Alternatively, the project is categorically exempt from CEQA because it is a minor alteration of an existing street involving a pedestrian crossing with no expansion of use and because there are no unusual circumstances that would disqualify this project from the Class 1 exemption, in accordance with CEQA Guidelines 14 California Code of Regulations Section 15301(c).

SECTION 3. The City Council hereby approves the removal of the existing crosswalk located at the intersection of Workman Avenue and Palmetto Avenue. The crosswalk will not be removed earlier than 30 days after the June 4, 2024, public hearing on the proposed removal.

SECTION 4. 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 4
th day of June, 2024.

City of Covina, California
BY:

JOHN C. KING, Mayor
ATTEST:
______________________________________
FABIAN VELEZ, Chief Deputy City Clerk

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Resolution CC 2024-25 Page 3 of 3

CERTIFICATION
I, Fabian Velez, Chief Deputy City Clerk of the City of Covina, do hereby certify that Resolution CC 2024-25 was duly adopted by the City Council of the City of Covina at a regular meeting held on the 4
th day of June, 2024, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Dated:
__________________________________
FABIAN VELEZ, Chief Deputy City Clerk

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ATTACHMENT B

LOCATION MAP

WORKMAN AVENUE & PALMETTO AVENUE CROSSWALK
1) Workman Avenue &
Citrus Avenue
Eastland Center
2) Workman Avenue &
Palmetto Avenue
3) Workman Avenue
& 2nd Avenue
Existing Crosswalk, To be Removed Existing Crosswalk, To Remain Existing/Newly Installed Stop Signs
LEGEND

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CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. PH 2
Meeting: June 4, 2024
Title: Adoption of the Fiscal Year 2024-25 Budget, Fiscal Year 2025-2029 Capital Improvement Program (CIP) and Fiscal Year 2024-25 CIP Budget Presented by: Chris Marcarello, City Manager
Anita Agramonte, Administrative Services Director
Recommendation: 1. Conduct the public hearing and consider all testimony that may be forthcoming;

2. Adopt Resolution CC 2024-31 adopting the City of Covina budget for July 1, 2024 through June 30, 2025;

3. Adopt Resolution SA 2024-01 adopting the operating budget for the City of Covina Successor Agency for July 1, 2024 through June 30, 2025; and

4. Adopt Resolution CC 2024-32 adopting the Fiscal year 2025-2029 Capital Improvement Program and the Fiscal Year 2024-25 Capital Improvement Program Budget.

EXECUTIVE SUMMARY:

The City Manager is tasked to prepare an annual operating budget and a capital improvement program for the City each fiscal year for City Council consideration. Approval of the attached resolutions will establish the Fiscal Year (FY) 2024-25 Operating Budget and the Fiscal Year 2025-29 Capital Improvement Program Budget.

BACKGROUND:

Covina Municipal Code (CMC) Section 2.08.160 provides for a preliminary budget to be presented to the City Council before the fifteenth day of June each year. The CMC also states that continuing appropriations for yearend encumbrances, contractual commitments, and capital projects shall be automatically carried forward. All other appropriations shall lapse at year-end unless carried forward by City Council action. According to this code section, the City Manager is to keep the City Council informed thereto.

The Administrative Services Director submitted the Proposed FY 2024-25 Budget to the Finance Advisory Commission as part of the agenda for the Commission's regular meeting of May 22, 2024. Revenue projections and proposed operating budgets for City departments were reviewed and discussed.

The Community Development Director presented the Proposed FY 2025-2029 CIP and FY 2024-25 CIP Budget to the Planning Commission as part of the agenda for the Planning Commission's regularly scheduled meeting of May 14, 2024. The Planning Commission adopted Resolution No. 2024-007PC (Attachment D), finding that the proposed FY 2025-2029 CIP and FY 2024-25 CIP Budget is consistent with the goals and policies of the Covina General Plan pursuant to Government Code Sections 65103 and 65401.

DISCUSSION:

The Citywide Proposed FY 2024-25 Budget includes projected revenues totaling $114,303,465 and expenditures of $110,736,421. These amounts include the General Fund, Special Revenue Funds, Enterprise Funds, Internal Service Funds, and Successor Agency Funds. As noted below and in Attachment E, the total expenditures include 27 proposed capital improvement projects that total $14,376,178. The proposed budget incorporates recommendations from both the Finance and the Planning Commissions.

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General Fund:

The Fiscal Year 2024-25 General Fund Budget is balanced with $53,872,734 in revenues and expenditures. The proposed General Fund budget utilizes $8,533,882 in Transaction and Use Tax funds.

The table below summarizes the Proposed Fiscal Year 24-25 General Fund Budget:

General Fund Revenues:

A conservative approach was utilized in projecting revenues for FY 2024-25. The table below summarizes FY 2024-25 General Fund revenues. The table includes FY 2022-23 actual revenues, the original Adopted Budget, and the projected year-end figures for FY 2023-24 as well as proposed budget figures for FY 2024-25.

FY 2024-2025 is projected to show modest increases in Property Tax, Sales Tax and Utility User's Tax. The proposed FY 2024-25 Budget also utilizes $8.5M in Transaction and Use Tax revenues (Measure CC funds). Furthermore, increases are projected in Licenses and Permits, Intergovernmental, Fines and Forfeitures and Other Revenues. Ongoing Charges for services are also projected to steadily increase, however, FY 2023-24 reflects a one-time increase attributed to the anticipated lease revenue prepayment pertaining to the Kia Property. Overall, General Fund revenues are anticipated to increase by approximately $2.6M.

Proposed 2024-25 Budget June 30, 2024 June 30, 2025
Beginning Fund Balance Revenues Expenditures Ending Fund Balance Change 1010 General Fund $ 10,103,601 $ 53,872,734 $ 53,872,734 $ 10,103,601 $ - 1095 Special General Fund (Transaction/Use Tax) 14,017,374 8,627,000 8,533,882 14,110,492 93,118 $ 24,120,975 $ 62,499,734 $ 62,406,616 $ 24,214,093 $ 93,118 2023 2024 2024 2025
General Fund Revenues Actual Adopted Projected YE Proposed Property Tax $ 16,416,923 $ 15,630,000 $ 16,330,000 $ 16,952,000 Sales Tax 11,493,906 11,500,000 11,200,000 11,403,000
Utility Users Tax 6,041,869 5,065,000 5,734,000 5,900,000 Franchises/Other Taxes 3,017,976 2,657,000 2,740,000 3,012,500 Transaction/Use Tax - Transfer - 6,117,619 6,192,619 8,533,882 Total Taxes 36,970,673 40,969,619 42,196,619 45,801,382 Licenses and Permits 1,184,244 981,000 1,066,000 1,076,050 Intergovernmental 980,244 868,300 971,844 1,007,200
Charges for Services 3,480,309 3,278,840 5,473,960 3,507,012 Fines and Forfeitures 1,304,523 835,000 820,000 1,199,500 Other Revenues 1,306,965 665,500 677,300 1,281,591
General Fund Total $ 45,226,957 $ 47,598,259 $ 51,205,723 $ 53,872,734 2023 2024 2024 2025
Special General Fund Revenues Actual Adopted Projected YE Proposed Transaction & Use Tax $ 8,787,686 $ 8,500,000 $ 8,500,000 $ 8,627,000 Special General Fund Total $ 8,787,686 $ 8,500,000 $ 8,500,000 $ 8,627,000

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General Fund Expenditures:

The following table summarizes Fiscal Year 2024-2025 General Fund Expenditures by department.

General fund expenses reflect ongoing operating costs for all departments. The projections include staffing, supplies and services, contract services as well as capital outlay and indirect costs. Staffing figures take into consideration projected MOU and PERS unfunded liability increases. Additional increases are attributable to the reduction in administration funding due to the winding down of the former Redevelopment Agency, resulting in the need for the General Fund to absorb the costs of staff who were previously allocated to the Successor Agency.

Overall, expenses are projected to come in at 53.8 million.

General Fund expenditures by department are further detailed in Attachment G.

General Fund Expenditures 2023 2024 Adopted 2024 2025
By Department Actual Budget Projected YE Proposed
Legislative $ 635,153 $ 684,662 $ 724,862 $ 605,862
Administration 869,903 985,538 986,929 1,384,105
Finance 1,065,060 1,226,812 1,244,462 1,386,903
Non-Departmental (2,567,779) (1,814,245) (1,044,215) (2,445,990) Human Resources 1,204,060 1,272,321 1,292,321 1,367,107 Police 23,322,366 23,826,173 24,401,138 26,401,599
Fire 9,000,222 10,542,624 10,542,624 12,812,054
Public Works 3,549,776 3,801,179 3,875,679 4,292,710
Parks and Recreation 3,701,753 4,325,339 4,340,461 4,668,008 Community Development 3,169,948 2,747,855 9,023,035 3,400,376 Total General Fund (GF) Expenditures $ 43,950,462 $ 47,598,259 $ 55,387,296 $ 53,872,734 2023 2024 Adopted 2024 2025
Actual Budget Projected YE Proposed
Transfer to General Fund $ - $ 6,117,619 $ 6,192,619 $ 8,533,882 Transfer to Capital Projects Funds 1,102,214 1,250,000 5,860,896 - Transfer to Enterprise Funds 1,820,000 - 203,795 -
Transfer to Internal Services Funds 1,200,000 - 868,010 - Total Special GF Expenditures $ 4,122,214 $ 7,367,619 $ 13,125,320 $ 8,533,882 Special General Fund Expenditures

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Staffing Recommendations:

Over the past year, several staff members in various departments have taken on additional duties based on department needs and have had a significant impact on citywide efficacy. With increases in responsibilities and duties, each department has analyzed their staffing needs and several recommendations were presented to ensure proper staffing levels and appropriate classifications are authorized and budgeted. The table below summarizes recommended staffing changes for Fiscal Year 2024-25.

Department Staffing Change Request Amount
Administrative Services Reclass Management Analyst to Sr. Management Analyst $ 11,800 Community Development Reclass Senior Code Officer to Code Enforcement Supervisor $ 6,000 Public Works Reclass 2 Street Maintenance Workers I to II $ 13,409 Public Works Reclass 3 Water Distribution Operators I to II $ 18,752 Public Works Reclass Water Systems Operator to I to II $ 6,462 Public Works Reclass Admin Technician to Senior Admin Technician $ 3,256 Public Works Reclass 2 Sr. Management Analyst to Public Works Managers $ 13,246 Public Works Reclass Management Analyst to Sr. Management Analyst $ 7,769 Funding for these positions are provided through a variety of funds including General Fund, Water Fund, Sewer Fund, and Environmental Fund.

Other Funds:

Proposed revenue and expenditure budgets for the City’s various Special Revenue Funds, Enterprise Funds, Internal Service Funds, Successor Agency Funds and all Other Funds are displayed in Exhibit A to Resolution CC 2024-31 (Attachment A) as well as in the Proposed FY 2024-25 Fund Balances Worksheet provided in Attachment F.

Fiscal Year 2025-2029 CIP & Fiscal Year 2024-25 CIP Budget:

The Proposed FY 2025-2029 CIP contains 57 projects with a total estimated cost of $75.7 Million over the fiveyear period. Resolution CC 2024-32 (Attachment C) recommends the adoption of the FY 2025-2029 CIP and the FY 2024-25 CIP Budget totaling $14,376,178. As noted above, the FY 2024-25CIP contains 27 projects including the Sunkist Park Urban Greening Revitalization Project, Bus Shelter Installations, and the Covina Recreation Village Project. The Proposed Fiscal Year 2025-2029 CIP is included in Attachment E which outlines a listing of the FY 2024-25 CIP Budget and the FY 2025-2029 CIP Budget, including various projects and funding sources.

American Rescue Plan Act:

The American Rescue Plan Act of 2021 ("ARPA") included the Coronavirus Local Fiscal Recovery Fund to provide $350 billion for states, municipalities, counties, tribes and territories to assist with pandemic-related response activities. The City of Covina was awarded $11.3 Million in ARPA funds, of which $10 Million may be considered revenue replacement and utilized to fund general city services. For Fiscal Year 2024-25, $470,570 in ARPA funding is included to fund general services. This will be the last year that such funding will be available for the City.

FISCAL IMPACT:

Exhibit A to Resolution CC 2024-31 (Attachment A) to this report summarizes total projected revenues and appropriations for all funds.

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CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):

FY 2024-25 Budget:

FY 2025-2029 CIP & 2024-25 CIP Budget:

As work for each project moves through the City's approval process, the appropriate environmental analysis will be conducted and brought to the City Council
Respectfully submitted,

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ATTACHMENT A
RESOLUTION CC 2024-31

A JOINT RESOLUTION OF THE CITY COUNCIL OF COVINA,

CALIFORNIA/COVINA PUBLIC FINANCING AUTHORITY/COVINA

HOUSING AUTHORITY ADOPTING THE CITY OF COVINA FISCAL
YEAR 2024-25 BUDGET
WHEREAS, the City Manager presented a Proposed Fiscal Year 2024-25 Budget to the City Council; and
WHEREAS, the City Council has given careful consideration to the Proposed Fiscal Year 2024-25 Budget; and
WHEREAS, City staff is directed to prepare and publish an Approved Fiscal Year Budget document to include changes approved by the City Council for the forthcoming fiscal year; and
WHEREAS, the City Manager is responsible to implement the annual budget as authorized by Covina Municipal Code Section 2.08.160; and WHEREAS, the total budget appropriations, as adjusted where required, are incorporated herein by reference; and
WHEREAS, the number of appropriated full-time positions shall not change without City Manager approval; and
WHEREAS, the City faces budget constraints, and therefore, the City Manager is authorized to reduce the workforce by not filling certain vacant positions and/or initiating staffing reductions within established guidelines and procedures; and WHEREAS, there are funds within this budget document that are for specific purposes and appropriations of those funds will comply with accounting principles and governing rules of the funding sources.

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

CALIFORNIA/COVINA PUBLIC FINANCING AUTHORITY/COVINA HOUSING AUTHORITY DO HEREBY RESOLVE AS FOLLOWS:

SECTION 1. The Fiscal Year 2024-25 Budget as presented to the City Council at the June 4th, 2024 City Council meeting, as set forth in the June 4th, 2024 City Council Agenda Report entitled “Adoption of the Fiscal Year 2024-25 Budget, Fiscal Year 2025-2029 Capital Improvement Program (CIP) and Fiscal Year 2024-25 CIP Budget” and incorporated herein by reference are hereby approved and adopted as the official municipal budget for the City of Covina (“Fiscal Year 2024-25 Budget”), as summarized in Exhibit A attached hereto.

SECTION 2. Beginning on July 1, 2024, the City Manager is hereby authorized to proceed with the implementation of the programs as set forth in the approved and adopted Fiscal Year

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Resolution CC 2024-31 Page 2 of 2
2024-25 Budget, and to transfer any sum of appropriated funds between departments and programs provided they do not cross funds.

SECTION 3. Unexpended appropriations from the Fiscal Year 2023-24 Budget may be carried forward to the next fiscal year provided the funds have been previously encumbered for a specific purpose, or apply to authorized, but uncompleted projects in the City’s approved Capital Improvement Program.

SECTION 4. This Resolution shall take effect immediately upon adoption.

SECTION 5. The City Clerk shall certify to the passage and adoption of this Resolution.

APPROVED and PASSED this 4th day of June, 2024.

City of Covina, California
BY:

JOHN C. KING, Mayor
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 2024-31 was duly adopted by the City Council of the City of Covina at a regular meeting held on the 4th day of June, 2024, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Dated:

FABIAN VELEZ, Chief Deputy City Clerk

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City of Covina
FY 2024‐25 Budget Summary
Fund Description Revenue Budget Expenditure Budget
1010 General Fund 53,872,734 53,872,734 1095 Special General Fund (Transaction/Use Tax) 8,627,000 8,533,882 Total General Fund 62,499,734 62,406,616 2020 Low Mod Housing Asset Fund 681,481 458,078 2025 Housing Bond Proceeds 04 Priva 6,000 696,481 2055 2004 Bond‐Private ‐ ‐ 2100 Community Development Block Gr 306,873 306,873 2120 Permanent Local Housing Allocation 200,000 200,000 2185 Building Equipment Reserve 5,000 5,000 2200 Police Evidence Reserve ‐ ‐ 2205 Inmate Communication ‐ ‐ 2221 Federal Treasury Narcotics ‐ ‐ 2222 Federal Justice Narcotic Siezu ‐ ‐ 2230 Other State Grants 1,000,000 1,000,000 2246 Supplemental Law 183,000 125,905 2270 Other Federal Grants 60,000 60,000 2271 Justice Assistance Grant 14,000 14,000 2278 Homeland Security Grant ‐ ‐ 2285 COPS Grant 400,000 400,000 2290 Traffic Safety Fund ‐ ‐ 2300 State Gas Tax 1,380,061 1,314,446 2310 Road Maintenance and Rehab 1,234,566 1,300,161 2360 CA‐Strong Motion Instrumentati ‐ ‐ 2365 SB1186 Fund ‐ 17,000 2370 CA‐Green Building Standards ‐ ‐ 2400 Proposition A 1,629,583 1,550,548 2405 Proposition C 1,204,681 900,000 2407 TDA 51,708
2410 Measure R 890,854 954,645 2420 Measure M 1,003,479 972,747 2500 Air Quality Improvement 64,000 28,231 2510 Measure W 8,817,882 753,104 2520 DOC Beverage Container Grant 12,939 13,097 2530 Oil Payment Program 7,370 7,210

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City of Covina
FY 2024‐25 Budget Summary
Fund Description Revenue Budget Expenditure Budget
2600 Cultural Arts ‐ ‐ 2604 Quimby Fees ‐ ‐ 2700 Municipal Parking District 260,483 151,430 2710 Street Lighting Assessment Dis 317,016 265,309 2720 Street Trees and Landscaping 216,779 95,764 2740 Community Facilities District 300,000 300,000 2750 Shoppers Lane Parking District 20,000 11,564 2800 Literacy Grant 42,000 42,000 2810 Library Equipment Reserve 15,700 15,600 2830 Other Library Grants 24,962 35,805 2890 PEG‐Public Education and Government 70,000 48,732 2920 Public Safety Donation ‐ ‐ 2922 DARE Donation Admin ‐ ‐ 2926 Gang & Graffiti Donation ‐ ‐ 2927 Police Explorer Donation ‐ 1,700 2930 Gang/Graffiti Scholarship Fund ‐ ‐ 2931 Every 15 Minutes Admin ‐ ‐ 2957 Playground Equip Replace Donat ‐ ‐ 2958 Teen Program Fundraising ‐ ‐ 2960 Parks & Recreation Donations ‐ ‐ 2965 Youth Program Donations ‐ ‐ 2966 Youth Sports Equip Donation ‐ ‐ 2967 Volunteen Web Berger Grant 2,200 5,468 2968 Senior Fundraising Donations ‐ ‐ 2969 Grandmothers Club Donations ‐ 2,008 2970 Library Services‐Donation ‐ ‐ 2971 Lib Book Donation ‐ ‐ 2972 Library Services‐IT Donation ‐ ‐ 2973 Gates Donation Fund ‐ ‐ 2975 Lib Services‐Literacy Donation ‐ ‐ 2976 Joseph J Borrello Memorial ‐ ‐ 2990 ARPA ‐ 470,570 4010 General CIP ‐ ‐ 4050 Development Project Deposits ‐ ‐ 4060 Covina iTEC Project fund ‐ ‐ 4200 Public Works CIP ‐ ‐ 4300 Transportation CIP 4,000,000 4,000,000 4600 Parks and Recreation CIP 2,000,000 2,000,000 4630 Kahler Russell Park Gymnasium ‐ ‐ 4640 Joslyn Center Reconstruction ‐ ‐

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City of Covina
FY 2024‐25 Budget Summary
Fund Description Revenue Budget Expenditure Budget
4701 Impact Fees‐General Govt ‐ 231,178 4702 Impact Fees‐Library Admin ‐ ‐ 4703 Impact Fees‐Police Admin ‐ ‐ 4704 Impact Fees‐Park Fac Admin ‐ ‐ 4705 Impact Fees‐Streets Adm ‐ ‐ 4706 Impact Fees‐Fire Admin ‐ ‐ 4707 Storm Water CFD ‐ ‐ 6010 Water Utility Admin 11,881,808 13,003,803 6011 Water Capital Improvement Fund ‐ 2,154,386 6200 Environmental‐Waste Mgmt 1,238,860 1,699,419 6300 Sewer Utility 3,071,283 3,402,232 6400 Theatre Fund 366,200 534,456 7010 Central Equipment Operations 2,070,671 2,059,344 7020 Building Maintenance 1,501,069 1,501,069 7200 Information Technology 1,864,487 1,864,487 7360 Worker's Compensation 1,045,711 1,045,711 7370 Public Liablity 2,193,062 2,193,062 8186 Downtown District 8,358 8,358 8187 Prospero 5,388 5,388 T800 OPEB Trust 100,000 4,500 SXXX Successor Agency Funds 34,218 98,936 114,303,465 110,736,421

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ATTACHMENT B
RESOLUTION SA 2024-01

A RESOLUTION OF THE SUCCESSOR AGENCY TO THE COVINA

REDEVELOPMENT AGENCY OF THE CITY OF COVINA,

CALIFORNIA, ADOPTING THE COVINA SUCCESSOR AGENCY
ANNUAL BUDGET FOR THE FISCAL YEAR COMMENCING JULY 1,
2024 AND ENDING JUNE 30, 2025
WHEREAS, the Executive Director has, heretofore, presented to the Successor Agency to the Covina Redevelopment Agency the proposed budget for the fiscal year beginning July 1, 2024 and ending June 30, 2025; and
WHEREAS, copies of said proposed budget are on file in the City Clerk’s office.

NOW, THEREFORE, THE SUCCESSOR AGENCY TO THE COVINA
REDEVELOPMENT AGENCY DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. Said proposed Successor Agency to the Covina Redevelopment Agency budget is hereby adopted as the budget of the Successor Agency for the fiscal year commencing July 1, 2024 and ending June 30, 2025. The Successor Agency budget consists of the estimated and anticipated expenditures and revenues for the fiscal year and as related shall be deemed to be debt of the Successor Agency.

SECTION 2. There are hereby appropriated for obligation and expenditure by the Executive Director the amounts shown for the various funds and accounts separately set forth in the Successor Agency to the Covina Redevelopment Agency proposed budget for fiscal year 2024- 2025.

SECTION 3. That the Executive Director shall have the authority to incur obligations and enter into contracts less than Twenty-Five Thousand Dollars ($25,000.00) without prior written approval of the Agency, provided that such expenditures are consistent with the budget.

SECTION 4. 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 4
th
day of June, 2024.

Successor Agency to the Covina
Redevelopment Agency of Covina,
California
BY:

JOHN C. KING, Chair

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Resolution SA 2024-01 Page 2 of 2
ATTEST:

FABIAN VELEZ, Agency Secretary

CERTIFICATION
I, Fabian Velez, Secretary of the Successor Agency to the Covina Redevelopment Agency, do hereby certify that Resolution SA 2024-01, was duly adopted by the Successor Agency to the Covina Redevelopment Agency at a regular meeting held on the 4 th
day of June, 2024, by the
following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Dated:

FABIAN VELEZ, Agency Secretary

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ATTACHMENT C
RESOLUTION CC 2024-32

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COVINA, CALIFORNIA, ADOPTING THE FISCAL YEAR 2025-2029 CAPITAL
IMPROVEMENT PROGRAM AND ADOPTING THE FISCAL YEAR 2024-
2025 CAPITAL IMPROVEMENT PROGRAM BUDGET
WHEREAS, the City Council has given careful consideration to the Proposed Fiscal Year 2024-2025 CIP Budget; and
WHEREAS, the total budget appropriations, as adjusted where required, are incorporated herein by reference; and
WHEREAS, there are funds within this budget document that are for specific purpose and appropriations of those funds will comply with accounting principles and governing rules of the funding sources; and
WHEREAS, on June 4th, 2024, the Covina Planning Commission found the CIP consistent with the City’s General Plan in accordance with Government Code Section 65401.

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

SECTION 1. Adoption of this CIP is categorically exempt from environmental review under the California Environmental Quality Act (CEQA). Pursuant to Section 15262 of the State Guidelines for Implementation of CEQA, a project involving only feasibility or planning studies for possible future actions, which actions the City Council has not approved, adopted, or funded, does not require preparation of an EIR or Negative Declaration, but does require consideration of environmental factors. In reviewing this Program and conducting public hearings on it, the City Council has considered relevant environmental factors. This City Council, as the lead agency for environmental review, pursuant to CEQA and the Guidelines promulgated thereunder (collectively CEQA), has reviewed the scope and nature of this Capital Improvement Program and has concluded that the planning and prioritization process comprising this activity is not a project pursuant to CEQA because it does not order or authorize the commencement of any physical or other activity that would directly or indirectly have a significant effect upon the environment. The Capital Improvement Program merely establishes a listing of priority and allocates funds for the City to commence the necessary planning studies, including review pursuant to CEQA, at a future unspecified date. The future planning studies will be conducted at the earliest possible time so as to ensure thorough review pursuant to CEQA. Recognizing that the protection of the environment is a key factor in the quality of life within the City of Covina and to further the City’s strict adherence to both the spirit and letter of the law as regards to CEQA, this City Council has also considered this Capital Improvement Program as if it were a Project pursuant to CEQA.

Reviewing this Program as a Project, this City Council concludes the Project would be exempt from review under CEQA, both pursuant to Section 15061(b)(3) and to the categorical exemption set forth in Section 15262 of CEQA. Section 15061(b)(3) would apply because it can be seen with certainty that this prioritizing and fund allocation program cannot and does not have the potential to cause a significant effect on the environment. No physical activity will occur until all required CEQA review is conducted at the time the physical improvements prioritized in the Program are

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Resolution CC 2024-32 Page 2 of 2
undertaken. Section 15262 provides a categorical exemption to actions that are feasibility or planning studies related to possible future actions. This Council is aware of and has considered the current and relevant environmental factors as an integral component of the review of this Program.

This Council, as lead agency, hereby determines and decides that the exemption provided in both Sections 15061(b)(3) and 15262 apply in the event this is deemed a Project pursuant to CEQA.

SECTION 2. The City Council hereby adopts the Fiscal Year 2025-2029 CIP and the Fiscal Year 2024-2025 CIP Budget, which documents are on file in the office of the City Clerk of the City of Covina, incorporated herein by reference, and hereby appropriates funds in the City of Covina Fiscal Year 2024-2025 CIP Budget, and the City Manager is authorized to implement the same.

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 4
th
day of June, 2024.

City of Covina, California
BY:

JOHN C. KING, Mayor
ATTEST:

FABIAN VELEZ, Chief Deputy City Clerk

CERTIFICATION
I, Fabian Velez, Deputy City Clerk of the City of Covina, do hereby certify that Resolution CC 2024-32 was duly adopted by the City Council of the City of Covina at a regular meeting held on the 4
th
day of June, 2024, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Dated:

FABIAN VELEZ, Chief Deputy City Clerk

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RESOLUTION NO. 2024- 007 PC

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF

COVINA FINDING THAT THE PROPOSED AMENDED FISCAL YEAR
2025-029 CITY OF COVINA FIVE- YEAR CAPITAL IMPROVEMENT

PROGRAM IS CONSISTENT WITH THE GOALS AND POLICIES OF

THE COVINA GENERAL PLAN AND MAKING A FINDING OF

EXEMPTION UNDER CALIFORNIA ENVIRONMENTAL QUALITY ACT

GUIDELINES
WHEREAS, the City of Covina Capital Improvement Program ( CIP) is a five- year program adjusted annually that outlines public improvements and estimated expenditures to construct improvements; and
WHEREAS, the current CIP for Fiscal Years 2025-029 is scheduled to be considered by the City Council on June 4, 2024 as a component of the City of Covina Fiscal Year 2024-025 Operating Budget; and
WHEREAS, the proposed CIP for Fiscal Years 2025-029 has been considered by the Covina Planning Commission and is recommended for City Council review and consideration Attachment A); and
WHEREAS, California Government Code Sections 65103, 65401 and 65402 require that City' sPlanning Commission to make a determination that the City' sannual CIP is in conformance with the City' s
General Plan; and
WHEREAS, the Planning Commission held a duly noticed public meeting on May 14, 2024, on the proposed CIP for consistency with the Covina General Plan, at which time all persons interested in the proposed CIP had the opportunity and did address the Planning Commission on this matter.

NOW THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
COVINA DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. The Planning Commission has duly considered the full record before it, including the City staff report, testimony by staff and the public, and other materials and evidence submitted or provided to the Commission. Furthermore, the recitals set forth above are found to be true and correct and are incorporated herein by reference.

Atttachment D

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SECTION 2. The Community Development Department completed an environmental assessment for the project in accordance with the California Environmental Quality Act (CEQA).

The CIP was reviewed for conformance with the CEQA and the California Public Resource Code, Division 13. The Capital Improvement Program and finding of General Plan Conformity is not a project" as defined by Section 15378( b)( 4) of the CEQA Guidelines and is therefore exempt from the requirements of CEQA. Section 15378( b)( 4) of the CEQA Guidelines states that a project does not include the creation of government funding mechanisms or other government fiscal activities which do not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment. The Planning Commission' sreview and determination that the Capital Improvement Program is consistent with the City of Covina General Plan, does not result in the construction nor cause the construction of any specific CIP project, and will have no effect on the environment, and therefore, no environmental impact assessment is necessary. Moreover, if the Planning Commission' sdetermination that the CIP is consistent with the General Plan is determined to be a project under CEQA, then it is categorically exempt from environmental review pursuant to Section 15262 of the State CEQA Guidelines which provides that a project involving only feasibility or planning studies for possible future actions, which actions the City has not approved, adopted, or funded, does not require preparation of an EIR or Negative Declaration, but does require consideration of environmental factors. In reviewing this CIP and conducting public hearings on it, the Planning Commission has considered relevant environmental factors. The City, as the lead agency for environmental review pursuant CEQA, has reviewed the scope and nature of this CIP and has concluded that the planning and prioritization process comprising this activity is not a project pursuant to CEQA because it does not order or authorize the commencement of any physical or other activity that would directly or indirectly have a significant effect upon the environment. The CIP merely establishes a listing of priority and allocates funds for the City to commence the necessary planning studies, including review pursuant to CEQA, at a future unspecified date. The future planning studies will be conducted at the earliest possible time to ensure thorough review pursuant to CEQA. Recognizing that the protection ofthe environment is a key factor in the quality of life within the City and to further the City' sstrict adherence to both the spirit and letter of the law as regards to CEQA, the Planning Commission has also considered this CIP as if it were a Project pursuant to CEQA. The Planning Commission concludes the Project is exempt from review under CEQA under CEQA Guidelines Section 15061( b)( 3) because it can be seen with certainty that this prioritizing and fund allocation program cannot and does not have the potential to cause a significant effect on the environment. No physical activity will occur until all required CEQA review is conducted at the time the physical improvements prioritized in the CIP are undertaken. Therefore, the Planning Commission recommends that the City Council of the City of Covina determine, based on its own independent judgment, that the proposed amended CIP for Fiscal Year 2025-029 is exempt from CEQA.

Atttachment D

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SECTION 3. The Planning Commission finds and determines that the proposed amended CIP is consistent with the following goals and policies of the Covina General Plan pursuant to Government Code Sections 65103, 65401, and 65402:

I. Land Use Element
A. General Land Use Policy C. 1. a.2(b)( c)( e)( f(g). Ensure that major land use change proposals, particularly those regarding vacant schools, utility sites, and other institutional surplus properties, carefully consider many factors, including, but not limited to:

Street capacity, public facilities, and other infrastructure impacts.

Effects on the local circulation, public transportation, and regional circulation/ transportation networks.

The provision of services and utilities.

All relevant environmental and physical constraints and resources.

Covina' simage and character.

B. General Land Use Policy C. 1.a.4. Accommodate growth that adequately serves existing and future residents, workers, shoppers, and others while protecting their health, safety, and welfare.

C. General Land Use Policy C. 1.a.5. Accommodate growth that is consistent with current general land use patterns, that maintains existing relative land use quantities, and that respects physical and environmental resources and constraints.

D. General Land Use Policy C. 1.a.9. Provide for the continuation of existing and development of new or expanded public streets and facilities, storm drains and other infrastructure, parking amenities, and utilities to support the City' sland uses and meet all needs.

E. General Land Use Policy C. 1.a.5. Monitor land use, traffic, and circulation pressures associated with the Metrolink Commuter Train Station near the downtown and best capitalize on potentially beneficial impacts by adopting strategies such as an " urban village" or livable cities concept, incorporating mixed uses, sufficient businesses, and attractive and functional public and private improvements.

F. General Land Use Policy C. 1.a.7. Maintain consistency between the Land Use Element and implementation mechanisms including, but not limited to, the Zoning and Subdivision Ordinances, the Design Guidelines, and the Capital Improvement Program.

Atttachment D

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G. General Land Use Policy C. 1.a. 22. Capture all potential benefits resulting from the Metrolink Commuter Train Station, downtown revitalization, Azusa Avenue beautification, and other major programs/ efforts.

H. General Land Use Policy C. 1.a. 27. Address its park/ open space deficiency and attempt to mitigate the problem to the greatest extent possible.

I. General Land Use Policy C. 2.a.6. Ensure that the overall amount, locations, and timing of development reflect community desires and needs as well as physical and environmental constraints and will not inhibit the City' s ability to meet street capacities and to provide other infrastructure, utilities, and adequate community services.

J. General Land Use Policy C. 3.a.9. Encourage that medium to high -density complexes be developed in appropriately designated areas and replace old, deteriorating residential structures.

K. General Land Use Policy C. 4.a.3. Consider developing additional parks ofall types and sizes at various areas, with an emphasis placed on locating new facilities in the eastern and western portions of the City and in neighborhoods in and around medium - to high -density developments.

L. General Land Use Policy D. 1.a.4. Maintain an adequate amount of and distribution of public and quasi -public facilities.

M. General Land Use Policy D. 1. a.5(b)( c)( e)( g). Ensure that major land use change proposals, particularly those regarding vacant schools, utility sites, and other institutional surplus properties, carefully consider many factors, including, but not limited to:

Street capacity, public facilities, and other infrastructure impacts.

Effects on the local circulation, public transportation, and regional circulation/ transportation networks.

The provision of services and utilities.

All relevant environmental and physical constraints and resources.

Covina' simage and character.

N. General Land Use Policy D. 1.a.7. Provide for the continuation of existing and development of new or expanded public streets and facilities, storm drains and other infrastructure, parking amenities, and utilities to support the City' sland uses and meet all needs.

Atttachment D

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0. General Land Use Policy D. 3.a.9. Pay particular attention to the special needs and character of the downtown and continue appropriate economic revitalization and physical enhancement activities.

P. General Land Use Policy E. 1.n. Maintain the downtown area' spedestrian friendly atmosphere as a means of enhancing its social and economic vitality.

Q. General Land Use Policy E. 1.q. Attempt to maintain the attractiveness and condition of all streets and public landscaping, particularly major ones and those at key City entry points, public improvements, and public facilities, so that Covina evokes a positive perception by residents, workers, shoppers, passer- by, and others.

R. General Land Use Policy E. 1. w. Preserve existing parklands and open space resources and consider to develop additional parks of all types and sizes at various areas.

S. General Land Use Policy F. 1. i Ensure that the circulation network and major street widths adequately serve all current and planned residential, commercial, industrial, and institutional uses — or that all future developments not overburden streets and other infrastructure or local services.

T. General Land Use Policy G. 1.c. Achieve an adequately designed and functional street system and other infrastructure, including utility and storm drainage systems plus an adequate distribution of public and quasi -public facilities, in accommodating future growth to best maintain the community' svisual, economic, and spiritual vitality.

II. Circulation Element
A. General Circulation Policy C. 3. Maintain and, where administratively and financially possible, improve the physical condition, structural integrity, design capacity, utilization, appearance, and/ or cleanliness of Covina' s public right- of- way and facilities, including, but not limited to, streets, alleys, sidewalks, medians, landscaping, parking areas, and miscellaneous infrastructure.

B. General Circulation Policy C. 4. Where necessary and feasible, conduct traffic circulation improvements and congestion mitigation measures, including, but not limited to, traffic signal installation, synchronization, or upgrade, lane restriping or modification, and/ or speed limit, stop sign, or street light installation.

C. General Circulation Policy C. 6. Handle needed street and related infrastructure and transportation improvements on a realistic, viable, prioritized, systematic, consistent, and cost Atttachment D

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effective basis and, if possible, from the standpoint of benefiting the greatest number of Covina residents and businesses.

D. General Circulation Policy C. 7. Accommodate, where financially, administratively, and technically feasible, needed street and related infrastructure and transportation improvements, among other reasons, to minimize traffic conflicts and hazards as well as liability, to improve vehicular and pedestrian safety, to bolster ongoing code enforcement efforts, and to enhance community appearance, image, and character, social, economic, and recreational vitality, and overall quality of life.

E. General Circulation Policy C. 11. Reconcile the need to resolve remaining, major road and infrastructure deficiencies with the need to maintain the maturing community' saging street and circulation networks.

F. General Circulation Policy C. 16. Monitor and, where administratively and financially possible, consider expanding the City' sbikeways and related facilities in appropriate areas, such as near or linking schools, parks, and major commercial activities and employment centers, for functional as well as recreational uses, in a manner that best meets local conditions and needs.

G. General Circulation Policy C. 23. Continue encouraging, where administratively and financially feasible, public transportation - and pedestrian -accommodating enhancements to the infrastructure, including, but not limited to, bus pads and sidewalk and wheelchair ramps.

H. General Circulation Policy D. 6. Monitor and attempt to best maintain the functional and design adequacy and parking capacity of the Covina Metrolink Commuter Rail Station and, where desired and feasible, improve and/ orexpand the Station and/ orrelated parking to meet local and regional needs.

I. General Circulation Policy D. 7. Accommodate the linking of the Covina Metrolink Commuter Rail Station and other public transit depots to feeder transportation, to the greatest extent feasible.

J. General Circulation Policy E. 1. Maintain and, where necessary and feasible, consider enhancements to downtown traffic, circulation, parking and overall infrastructure, including, but not limited to, better synchronizing traffic signals, constructing more off- street parking in deficient areas, improving parking lot security/ lighting, and better, more clearly linking off- street parking to district businesses through sufficient signage and other strategies.

Atttachment D

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Covina City CouncilJune 4, 2024

Covina City Council
June 4, 2024