Agenda packet, joint meeting, first session — Covina City Council, July 16, 2024 (part 1 of 5)

CITY COUNCIL/SUCCESSOR AGENCY TO THE COVINA

REDEVELOPMENT AGENCY/COVINA PUBLIC FINANCING

AUTHORITY/COVINA HOUSING AUTHORITY JOINT MEETING
AGENDA

Tuesday, July 16, 2024, 7:30 p.m.
125 E. College Street, Covina, California
Council Chamber of City Hall

IMPORTANT NOTICE
Members of the public may view the meeting live on the City’s website at www.covinaca.gov or on local cable television, Spectrum Channel 29 and Frontier Channel 42.To view from the website, scroll down on the home page and click "City Meetings", once on the page, click the highlighted word next to Video Library under the City Council Meeting Agendas and Minutes header. A live banner will appear at the start of the meeting.

Public Comments: During the meeting, there will be an opportunity for the public to speak. Public testimony is limited to five (5) minutes per speaker, unless, for good cause, the Mayor/Chairperson amends the time limit; a speaker’s time may not be transferred to another speaker. State Law prohibits the Council/Agency/Authority Members from taking action on any item not on the agenda. Those wishing to speak on a LISTED AGENDA ITEM will be heard when that item is addressed.

In Person: To address the Council/Agency/Authority please complete a yellow speaker request card located at the entrance of the Council Chamber and give it to the City Clerk. Your name will be called when it is your turn to speak.

Meeting Assistance Information: In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk’s Office at [email protected] or 626-384-5430. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.

Pages

CLOSED SESSION

CLOSED SESSION - WILL NOT BE HELD
JOINT MEETING—OPEN SESSION 7:30 PM

CALL TO ORDER
Council/Agency/Authority Members: Walter Allen, III, Patricia Cortez, Hector Delgado, Mayor Pro Tem/Vice Chair Victor Linares, and Mayor/Chair John C. King

ROLL CALL

PLEDGE OF ALLEGIANCE
Led by Mayor King

INVOCATION
Given by Police Chaplain Ron Butler

PUBLIC COMMENTS
To address the Council/Agency/Authority please complete a yellow speaker request card located at the entrance and give it to the City Clerk. Your name will be called when it is your turn to speak. Those wishing to speak on a LISTED AGENDA ITEM will be heard when that item is addressed. Those wishing to speak on an item NOT ON THE AGENDA will be heard at this time. State Law prohibits the Council/Agency/Authority Members from taking action on any item not on the agenda. Individual speakers are limited to five minutes each, unless, for good cause, the Mayor/Chairperson amends the time limit.

COUNCIL/AGENCY/AUTHORITY COMMENTS
Council/Agency/Authority Members wishing to make any announcements of public interest or to request that specific items be added to future Council/Agency/Authority agendas may do so at this time.

CITY MANAGER COMMENTS

CONSENT CALENDAR PUBLIC COMMENTS
The public is invited to comment on Consent Calendar items only at this time. To address the Council/Agency/Authority please complete a yellow speaker request card located at the entrance and give it to the City Clerk. Your name will be called when it is your turn to speak. Individual speakers are limited to five minutes each, unless, for good cause, the Mayor/Chairperson amends the time limit.

CONSENT CALENDAR
All matters listed under consent calendar are considered routine, and will be enacted by one motion. There will be no separate discussion on these items prior to the time the Council/Agency/Authority votes on them, unless a member of the Council/Agency/Authority requests a specific item be removed from the consent calendar for discussion.

CC 1. Minutes 9
Staff Recommendation:

Approve the Minutes of the July 2, 2024, Regular Meeting of the City Council/Successor Agency to the Covina Redevelopment Agency/Covina Public Financing Authority/Housing Authority.

CC 2. Payment of Demands 15
Staff Recommendation:

Approve Payment of Demands in the amount of $2,993,361.85.

CC 3. Professional Services Agreement with El Dorado Climbing for the Design, Build, and Installation of a Rock-Climbing Facility as a Component of the Covina Recreation Village Project
21 Staff Recommendation:

Authorize the City Manager to enter into a Professional Services Agreement

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with El Dorado Climbing with a compensation amount not to exceed $160,000.

CC 4. Resolution CC 2024-51, A Request to Amend the Fiscal Year 2024-2025 Operating Budget to Fund Annexation Services for Stormwater Covina Community Facilities District No. 2022-1 - Stormwater
63 Staff Recommendation:

Adopt Resolution CC 2024-51 amending the operating budget for fiscal year 2024-2025 to fund Annexation Services for Community Facilities District No. 2022-1 – Stormwater.

CC 5. Covina Skate Park Project – Project No. P2207 – Final Acceptance and Filing Notice of Completion
67 Staff Recommendation:

1. Accept the work performed by Spohn Ranch, Inc; and
Authorize the City Clerk to file a Notice of Completion for the Covina Skate Park Project – Project No. P2207.

2. CC 6. Resolution CC 2024-52 to Amend the Fiscal Year 2024/2025 Capital Improvement Program to Increase Funding for the Hollenbeck Park Urban Greening Revitalization Project – Project No. P2403
71 Staff Recommendation:

Adopt Resolution CC 2024-52 to appropriate $252,800 from available Quimby Fees Fund – Fund Balance to the Hollenbeck Park Urban Greening Revitalization Project (Account No. 2604-3400-55200-P2207) to provide additional project funding necessary to complete the Hollenbeck Park Urban Greening Revitalization Project.

CC 7. Professional Services Agreement with Robert Half 75 Staff Recommendation:

Approve Professional Services Agreement with Robert Half.

CC 8. Covina Skate Park – Purchase and Installation of Solar Lighting 99 Staff Recommendation:

Approve plans and specifications for new solar lighting equipment at the Covina Skate Park;

1. Award a contract for the purchase and installation of solar lighting equipment to Siterep Construction Services, Inc. as the lowest responsive and responsible bidder in the amount of $51,413 and authorize the City Manager to execute the contract; and

2. Adopt Resolution CC 2024-59 to reflect a transfer of $56,413 from the General Fund into the Parks CIP Fund for the purchase and installation of solar lighting equipment at the Covina Skate Park; and

3. Authorize a project contingency amount of $5,000 to cover the cost of unforeseen construction expenses.

4. CC 9. FY 2024 Police Department Budget Increase Resulting from the 2021 State Homeland Security Grant Funding Award
127
Staff Recommendation:

Adopt Resolution CC 2024-61 to increase the Police Department's 2024-25 budget by $85,460 resulting from the 2021 Homeland

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Security Grant award and
Approve the purchase of cyber security equipment and software as well as staff training offered through the reimbursable State of California FY 2021 Homeland Security Grant Program (SHSP) in an amount not to exceed $85,460.

2. CC 10. Notice of Termination of Expired Lease Agreement for City-Owned Property at 114 E. Italia Street
131
Staff Recommendation:

That the City Council receive and file this report.

CC 11. Designating Certain Officials as Individuals Authorized to Execute Applications and Documents for the Purpose of Obtaining Financial Assistance Under Public Law 93-288 (PL 93-288)
137
Staff Recommendation:

Adopt Resolution CC 2024-58 designating the Mayor, City Manager, or Administrative Services Deputy Director – Finance as authorized agent to execute applications and documents for the purpose of obtaining financial assistance for disaster relief.

CC 12. Award Minor Construction & Maintenance Services Agreement to Air On Time, Co. for HVAC Unit Replacements at the Public Works Yard 147
Staff Recommendation:

Award Minor Construction & Maintenance Services Agreement for the Public Works Yard HVAC Replacement to Air On Time, Co. in the amount of $33,200, and authorize the City Manager to execute the agreement.

CC 13. An Amendment to the Lease Agreement Between the City of Covina and WB COVINA – KI, LLC for Property Located at 602-626 S. Citrus Ave and 128 E. Rowland Ave for Administrative Revisions to the Exhibit A Legal Description of Land
173
Staff Recommendation:

Amend the Lease Agreement Between the City of Covina and WB COVINA – KI, LLC for Property Located at 602-626 S. Citrus Ave and 128 E. Rowland Ave for Administrative Revisions to the Exhibit A Legal Description of Land.

CC 14. A Request from WB COVINA – KI, LLC to Approve an Assignment of the Lease Agreement Between the City of Covina as Landlord and WB COVINA – KI, LLC as Tenant for Property Located at 602-626 South Citrus Avenue and 128 East Rowland Street
213
Staff Recommendation:

Adopt Resolution CC 2024-65, Approving the Assignment of a Lease Agreement Between the City of Covina as Landlord and WB COVINA – KI, LLC as Tenant for Property Located at 602-626 South Citrus Avenue and 128 East Rowland Street to Hang 10, LLC and Authorize the City Manager or his Designee to Execute Necessary Documents.

CC 15. Covina Recreation Village Project Phase I – West Gymnasium Building - Award of Contract to Perera Construction and Design Inc. for an Amount of $12,112,926
263
Staff Recommendation:

1. Approve plans and specifications for the Covina Recreation Village

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Project– West Gymnasium Building Phase I;

2. Reject bid protest by AMG & Associates, Inc.;
Award the Contract for the Covina Recreation Village Project – West Gymnasium Building Phase I to Perera Construction and Design Inc. as the lowest responsive bidder in an amount of $12,112,926 and authorize the City Manager to execute the Contract; and

3. Authorize contingency amount of $750,000 for any unforeseen construction expenses.

4. CC 16. Resolution CC 2024-63 Requesting to Amend the Fiscal Year 2023-2024 Operating Budget to Adjust for Unanticipated Increases in Plan Check Revenue and Expenditures
341
Staff Recommendation:

Adopt Resolution CC 2024-63.

CC 17. Approval of Contract for Dell Storage Refresh and Networking with Side Path
345
Staff Recommendation:

Approve an agreement with Side Path, allowing the City to execute a contract not to exceed $195,175.68 for Dell storage refresh and networking services.

CC 19. Request to Cancel the Regular City Council Meeting of August 6, 2024 353 Staff Recommendation:

That the City Council consider cancelling the regular scheduled City Council Meeting of August 6, 2024.

CC 18. Approval of Contract for Increased Bandwidth at City Public Works and Parks and Recreation Between the City of Covina and Frontier 355
Staff Recommendation:

Approve an agreement with Frontier, allowing the City to execute a contract for $3,480.00 monthly.

CC 20. Purchase of Police Equipment 359
Staff Recommendation:

Adopt Resolution CC 2024-66 Amending the FY 2024-25 Operating Budget to Reflect an Appropriation of $200,000 from Measure CC Fund Balance to be transferred into the general funds for Police Communications Safety Equipment;

1. Approve the purchase of a twenty-four (24) mobile radios and Stancil 911 recording system; and

2. Approve the waiving of competitive bid/purchasing requirements under Municipal Code 2.20.080.

3. CC 21. Authorizing the Destruction of Certain City Records 363 Staff Recommendation:

Adopt Resolution CC 2024-60 authorizing the destruction of certain City records.

CC 22. FY 2024-25 Budget Increase from HOST Award Funding 379 Staff Recommendation:

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Adopt Resolution CC 2024-62 increasing the FY 2024-25 Police Department revenue and expenditure budget for accepting HOST funding; and

1. Authorize the City Manager or his designee to sign all related HOST participation documents.

2. CC 23. Adoption of Resolution CC 2024-64 endorsing a Public Convenience or Necessity (PCN) for an On-Sale Alcohol in Conjunction with a Bone-fide Eating Establishment (Type 47) License at 230 N Citrus Ave (Bravado) 383
Staff Recommendation:

Endorse a determination of Public Convenience or Necessity (“PCN”) to allow Carlos Gomez, applicant representing Bravado, to obtain an On-Site Alcohol Beverage Sales in Conjunction with a Bone-Fide Establishment (Type 47) License.

CC 24. Consideration to Approve Compensation Rules and Salary Schedules & Amend the City’s Classification Plan to Establish a Public Works Manager – Engineering & Capital Improvement Services and Public Works Manager – Environmental and Utility Services
389
Staff Recommendation:

Adopt Resolutions CC 2024-70 and CC 2024-69 approving the salary schedules and Compensation Rules between the City of Covina and Mid-Management, Supervisory and Professional, and Confidential and Technical Employees and Executives, Effective July 1, 2024; and adopt Resolution CC 2024-71 to establish and amend the City’s Classification plan, and establish job descriptions and salary ranges for Public Works Manager – Engineering & Capital Improvement Services and Public Works Manager – Environmental and Utility Services with the Mid-Management, Supervisory and Professional, and Confidential and Technical Employees (Unaffiliated) Compensation Rules.

PUBLIC HEARINGS
PH 1. Ordinance 24-08, Approving Zoning Code Amendment (ZCA) to Amend Various Sections of Chapter 17.64 of the Covina Municipal Code and to Find the Proposed ZCA to be Exempt from the Requirements of the California Environmental Quality Act (CEQA)
399
Staff Recommendation:

Waive full reading and introduce Ordinance 24-08 entitled, “An Ordinance of the City Council of the City of Covina, California, Approving Zoning Code Amendment (ZCA) 24-01 by Amending Sections 17.64.060 and 17.64.120 of Chapter 17.64 (Site Plan Review) of Title 17 (Zoning) of the Covina Municipal Code, and Making a Determination of Exemption from the California Environmental Quality Act”.

PH 2. Adopting the City of Covina Development Impact Fee Nexus Study, Adopting a Capital Improvement Program as Part of the Development Impact Fee Study, Adopting a Revised Development Impact Fee Schedule, & Making Determinations under CEQA
409
Staff Recommendation:

Adopt Resolution CC 2024-57.

PH 3. Adopt Resolution Confirming the Engineer’s Report Dated June 18, 2024 and Ordering the Levying of Assessments on Covina Landscaping District No. 1 523

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for Fiscal Year 2025
Staff Recommendation:

Conduct the public hearing and consider all testimony that may be presented; and

1. Adopt Resolution CC 2024-53 confirming the Engineer’s Report dated June 18, 2024 and ordering the levying of assessments on the Covina Landscaping District No. 1 for Fiscal Year 2025.

2. PH 4. Adopt Resolution Confirming the Engineer’s Report Dated June 18, 2024 and Ordering the Levying of Assessments on the Covina Lighting District No. 1978-79 for Fiscal Year 2025
583
Staff Recommendation:

Conduct the public hearing and consider all testimony that may be presented; and

1. Adopt Resolution CC 2024-36 confirming the Engineer’s Report dated June 18, 2024 and ordering the levying of assessments on the Covina Lighting District No. 1978-1979 for Fiscal Year 2025.

2. PH 5. Approving the Engineer’s Report for Levying Assessments on Vehicle Parking District No. 1 for FY 2025 and Confirming the Engineer’s Report and Ordering the Levying and Collection of Assessments for Vehicle Parking District No. 1 for FY 2025
665
Staff Recommendation:

Conduct the public hearing and consider all testimony that may be presented;

1. Adopt Resolution CC 2024-54 approving the Engineer’s Report for levying assessments on the Vehicle Parking District No. 1 for Fiscal Year 2025; and

2. Adopt Resolution CC 2024-55 confirming the Engineer’s Report dated June 18, 2024 and ordering the levying and collection of assessments for Vehicle Parking District No. 1 for Fiscal Year 2025.

3. ADJOURNMENT
The Covina City Council/Successor Agency to the Covina Redevelopment Agency/Covina Public Financing Authority/Covina Housing Authority will adjourn to its next regular meeting of the Council/Agency/Authority scheduled for August 20, 2024, at 6:30 p.m. for closed session and at 7:30 p.m. for open session inside the Council Chamber at City Hall, located at 125 East College Street, Covina, California, 91723.

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1 CITY COUNCIL/SUCCESSOR AGENCY TO THE COVINA REDEVELOPMENT

AGENCY/COVINA PUBLIC FINANCING AUTHORITY/COVINA HOUSING

AUTHORITY JOINT MEETING

MINUTES
July 2, 2024, 6:30 p.m.
125 E. College Street, Covina, California
Council Chamber of City Hall
Councilmembers Present: Councilmember Walter Allen, III Councilmember Patricia Cortez
Councilmember Hector Delgado
Mayor Pro Tem/Vice-Chair Victor Linares
Mayor/Chair John C. King
Staff Present: City Clerk Drew Aleman (Elected Member)
City Treasurer Neil Polzin (Elected Member)
City Manager Chris Marcarello
City Attorney Candice K. Lee
Police Chief David Povero
Community Development Director Brian Lee
Parks & Recreation/Library Services Director Lisa Evans Interim Public Works Director Rafael Fajardo
Deputy City Manager Angel Carrillo
Chief Deputy City Clerk Fabian Velez
Staff Absent: Administrative Services Director Anita Agramonte _____________________________________________________________________

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2 CLOSED SESSION

CALL TO ORDER
Mayor King called the Council/Agency/Authority meeting to order at 6:30 p.m. with all Councilmembers present except Councilmember Delgado.

PUBLIC COMMENTS
There were no public comments.

CLOSED SESSION
A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Paragraph (1) of subdivision (d) of Section 54956.9)
Name of case: City of Whittier, et al. v. Superior Court of the State of California, et al., Los Angeles Superior Court Case No. 23STCP03579 RECESS
Mayor King recessed the Council to Closed Session at 6:30 p.m.

JOINT MEETING—OPEN SESSION 7:30 PM

RECONVENE AND CALL TO ORDER
Mayor King called the Council/Agency/Authority meeting to order at 7:33 p.m. with all Councilmembers present.

ROLL CALL

CLOSED SESSION REPORT
City Attorney Lee reported that the City Council unanimously decided to seek appellant review for the aforementioned case.

PLEDGE OF ALLEGIANCE
Led by Mayor Pro Tem Linares.

INVOCATION
Given by Covina Police Chaplain Steve Martinez.

PUBLIC COMMENTS
There were no public comments.

COUNCIL/AGENCY/AUTHORITY COMMENTS
Councilmember Cortez wished the community a safe and happy Fourth of July.

Councilmember Delgado also wished the community a safe and happy Fourth of July.

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3 Councilmember Allen wished everyone a happy Fourth of July. He also requested that another member of the City Council join him in requesting an agenda item at a future City Council meeting to discuss what can be done regarding the State of California's proposed four-story senior living complex that lies within the City's borders, citing the request for local community involvement in the matter.

Mayor Pro Tem Linares wished everyone a safe Fourth of July and reminded the community that fireworks are illegal in the City of Covina.

At the request of Mayor King, Police Chief Povero provided information on how to report the use of any illegal fireworks in the City. Mayor King also highlighted the good news in the Consent Calendar such as the awarding of the opioid settlement fund grant to fund crime prevention and drug awareness programs, and several traffic improvements including traffic signal upgrades, a stop sign installation, and an ADA ramp with signage. He also informed the community of the Fourth of July event taking place at Covina Park on July 4 th from 8:00 a.m. to 3:00 p.m. that
includes a pancake breakfast, a concert band and classic car show, food and craft vendors, free recreation swimming, and a patriotic kids parade. Mayor King also noted that the Covina Concert Band Series will begin on July 11th and the three following Thursdays, Family Nights at Covina Park will be held on July 10th, 17th, and 24th, and a second Covina Concert Band Series at the end of summer that will be held on Fridays in conjunction with the Farmers Market.

CITY MANAGER COMMENTS
City Manager Marcarello informed the City Council that a follow-up community meeting regarding the proposed AVID Hotel is tentatively scheduled for August 7th at 6:00 p.m. in the Senior Center to allow further discussion between the applicant and adjacent neighbors to the project and that noticing will extend to the end of the cul-de-sac. After an inquiry from Councilmember Allen, City Manager Marcarello also informed the City Council that conversations were had with the Tesla property owner regarding the use of big rigs and the issue is heading in the right direction with fewer cars on the lot.

CONSENT CALENDAR PUBLIC COMMENTS
There were no public comments.

CONSENT CALENDAR
CC 1. Minutes
Motion made by: Mayor Pro Tem Linares
Seconded by: Councilmember Cortez
Approve the Minutes of the June 4, 2024, Regular Meeting of the City Council/Successor Agency to the Covina Redevelopment Agency/Covina Public Financing Authority/Housing Authority.

Approved (5 to 0)
CC 2. Minutes
Motion made by: Mayor Pro Tem Linares
Seconded by: Councilmember Cortez

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4 Approve the Minutes of the June 18, 2024, Regular Meeting of the City Council/Successor Agency to the Covina Redevelopment Agency/Covina Public Financing Authority/Housing Authority.

Approved (5 to 0)
CC 3. Payment of Demands
Motion made by: Mayor Pro Tem Linares
Seconded by: Councilmember Cortez
Approve Payment of Demands in the amount of $3,052,638.40.

Approved (5 to 0)
CC 4. First Amendment to Professional Services Agreement with Interwest Consulting Group
Motion made by: Mayor Pro Tem Linares
Seconded by: Councilmember Cortez
Approve First Amendment to Professional Services Agreement with Interwest Consulting Group for Specialized Community Development and Planning Services.

Approved (5 to 0)
CC 5. Third Amendment to Professional Services Agreement with MIG, Inc for On Call Planning Consulting Services
Motion made by: Mayor Pro Tem Linares
Seconded by: Councilmember Cortez
Approve a third amendment to Professional Services Agreement with MIG, Inc. for on call planning consulting services.

Approved (5 to 0)
CC 6. Hollenbeck Park Trash Enclosure Project – Project No. P2501 – Award of Contract to Siterep Construction Services, Inc. in the Amount of $51,500 Motion made by: Mayor Pro Tem Linares
Seconded by: Councilmember Cortez

1. Approve plans and specifications for the Hollenbeck Park Trash Enclosure Project – Project No. P2501;

2. Award a contract for the Hollenbeck Park Trash Enclosure Project – Project No. P2501 to Siterep Construction Services, Inc. as the lowest responsive and responsible bidder in the amount of $51,500 and authorize the City Manager to execute the contract; and

3. Authorize a project contingency amount of $5,000 to cover the cost of unforeseen construction expenses.

Approved (5 to 0)

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5 CC 7. Appropriation of National Opioid Settlement Funds for Crime Prevention Programs
Motion made by: Mayor Pro Tem Linares
Seconded by: Councilmember Cortez
Adopt Resolution CC 2024-50 Increasing PD FY 2024-25 Budget by $25,000.00.

Approved (5 to 0)
CC 8. Traffic Signal Upgrade Project – Citrus Avenue and Puente Street – Project No. T2502 – Award of Contract to California Professional Engineering, Inc. in the Amount of $162,000
Motion made by: Mayor Pro Tem Linares
Seconded by: Councilmember Cortez

1. Approve plans and specifications for the Traffic Signal Upgrade Project – Citrus Avenue and Puente Street – Project No. T2502;

2. Award a contract for the Traffic Signal Upgrade Project – Citrus Avenue and Puente Street – Project No. T2502 to California Professional Engineering, Inc. as the lowest responsive bidder in an amount of $162,000 and authorize the City Manager to execute the contract; and

3. Authorize a project contingency amount of $16,200 (10%) for any unforeseen construction expenses.

Approved (5 to 0)
CC 9. Traffic Calming Improvements Project – Project No. T2503 – Workman Avenue and 2nd Avenue Stop Sign Installation – Award of Contract to FS Contractors, Inc in the Amount of $89,840
Motion made by: Mayor Pro Tem Linares
Seconded by: Councilmember Cortez

1. Approve plans and specifications for the Traffic Calming Improvements Project – Project No. T2503 – Workman Avenue and 2nd Avenue Stop Sign Installation;

2. Award a contract for the Traffic Calming Improvements Project – Project No. T2503 – Workman Avenue and 2nd Avenue Stop Sign Installation to FS Contractors, Inc. as the lowest responsive and responsible bidder in the amount of $89,400 and authorize the City Manager to execute the contract; and

3. Authorize a project contingency amount of $10,000 to cover the cost of any unforeseen construction expenses.

Approved (5 to 0)
CC 10. Parking Enforcement Agreement with Inter-Con Security Systems Inc.

Motion made by: Mayor Pro Tem Linares
Seconded by: Councilmember Cortez

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6 Approve the Agreement with Inter-Con Security Systems Inc. for parking enforcement services and authorize the City Manager or his designee to execute the agreement.

Approved (5 to 0)
CC 11. Sixth Amendment to the Agreement between MRH & Associates and the City of Covina
Motion made by: Mayor Pro Tem Linares
Seconded by: Councilmember Cortez
Approve the Sixth Amendment to the agreement between MRH & Associates LLC and the City of Covina and authorize the City Manager to execute the amendment.

Approved (5 to 0)
CC 12. An Administrative Revision to the Legal Description of the Purchase & Sale Agreement Between the Successor Agency to the Covina Redevelopment Agency & City of Covina for Property Located at 602-626 S. Citrus Ave and 128 E. Rowland Ave
Motion made by: Mayor Pro Tem Linares
Seconded by: Councilmember Cortez
Approve Revisions to the “Exhibit A” Legal Description to the Purchase and Sale Agreement and Related Documents Regarding the Successor Agency’s Sale of Property to the City of Covina located at 602-626 South Citrus Avenue and 128 East Rowland Street, APN 8451-001-911 and 8451-001-906.

Approved (5 to 0)

ADJOURNMENT
At 7:49 p.m., the Covina City Council/Successor Agency to the Covina Redevelopment Agency/Covina Public Financing Authority/Covina Housing Authority adjourned in honor of former South Hills High School teacher and active community member George Fuller to its next regular meeting of the Council/Agency/Authority scheduled for Tuesday, July 16, 2024, at 6:30 p.m., for closed session and 7:30 p.m., for open session in the Council Chamber located inside of City Hall, 125 East College Street, Covina, California, 91723. ________________________________
Fabian Velez, Chief Deputy City Clerk
______________________________
John C. King, Mayor/Chair

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CITY OF COVINA AND

SUCCESSOR AGENCY TO THE

COVINA REDEVELOPMENT AGENCY

AGENDA ITEM REPORT
ITEM NO. CC 2
Meeting: July 16, 2024
Title: Payment of Demands
Presented by: Anita Agramonte, Administrative Services Director Recommendation: Approve Payment of Demands in the amount of $2,993,361.85.

EXECUTIVE SUMMARY/BACKGROUND:

Attached is a list of warrants and demands which are being presented for approval and are summarized as follows:

Accounts Payable Warrants June 14, 2024 – June 27, 2024 CITY checks/EFTs $ 1,713,378.86
CITY payroll $ 1,053,751.89
CITY voids $ (0.00)
Worker’s Comp $ 220,082.73
$ 2,987,213.48
SACRA checks/EFTs $ 725.83
SACRA payroll $ 5,422.54
$ 6,148.37
TOTAL checks/EFTs $ 2,993,361.85
DISCUSSION:

The attached reports have been reviewed by the Administrative Services Director.

FISCAL IMPACT:

Sufficient funding is available and the related costs are included in the Fiscal Year 23/24 Budget.

Respectfully submitted,

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CITY OF COVINA
Check Register
June 14, 2024 - June 27, 2024
Check # Check Date Vendor Name Amount
5958 06/20/2024 4003 MidAmerica 2,927.36
20832 06/20/2024 788 COVINA, CITY OF 50,333.71
20833 06/20/2024 789 COVINA-FSA, CITY OF 570.84
20834 06/20/2024 2033 NATIONWIDE RETIREMENT SOLUTIONS 28,986.28 20835 06/20/2024 487 CalPERS 94,948.37
subtotal EFT/wires/direct deposits $ 177,766.56
121818 06/19/2024 44 ADAMSON INDUSTRIES 6,038.93
121819 06/19/2024 219 AT&T 67.69
121820 06/19/2024 221 AT&T MOBILITY 4.35
121821 06/19/2024 239 AUTOZONE INC 131.95
121822 06/19/2024 254 AZUSA LIGHT & WATER 2,824.95
121823 06/19/2024 430 BUILDING ELECTRONIC CONTROLS 213.75 121824 06/19/2024 654 CITRUS CAR WASH 121.96
121825 06/19/2024 682 CLINICAL LAB OF SAN BERNARDINO 280.00 121826 06/19/2024 703 UNIQUE PRINTING 68.36
121827 06/19/2024 783 CITY OF COVINA WATER 158.73
121828 06/19/2024 849 DAPEER ROSENBLIT & LITVAK LLP 4,793.94 121829 06/19/2024 970 EDISON CO 92,165.64
121830 06/19/2024 1055 FEDEX 28.78
121831 06/19/2024 1156 THE GAS COMPANY 4,925.18
121832 06/19/2024 1235 GRAINGER 109.92
121833 06/19/2024 2027 NAPA AUTO PARTS 1,430.79
121834 06/19/2024 2027 NAPA AUTO PARTS 84.83
121835 06/19/2024 2277 POLLARD WATER 296.52
121836 06/19/2024 2309 PROFESSIONAL ACCOUNT MANAGEMENT LLC 5,065.57 121837 06/19/2024 2345 QUILL 124.31
121838 06/19/2024 2711 SOUTHEAST CONSTRUCTION PRODUCTS - COVINA 208.37 121839 06/19/2024 2790 SWANK MOTION PICTURES INC 520.00 121840 06/19/2024 2852 THREE VALLEY MUN WATER DISTR 5,285.58 121841 06/19/2024 2855 SPECTRUM 91.99
121842 06/19/2024 2855 CHARTER COMMUNICATION 149.58
121843 06/19/2024 2903 TRI-XECUTEX CORP 100.00
121844 06/19/2024 3023 VULCAN MATERIALS COMPANY 2,042.02 121845 06/19/2024 3070 WEST COAST ARBORISTS INC 7,263.00 121846 06/19/2024 3691 VALLEY COLLECTION SERVICE LLC 1,108.50 121847 06/19/2024 3729 SUNBELT RENTALS INC 1,145.13
121848 06/19/2024 3796 RICHARDS, WATSON & GERSHON 5,698.25 121849 06/19/2024 4065 VERIZON WIRELESS 266.16
121850 06/19/2024 4141 72 HOUR LLC 153,219.51
121851 06/19/2024 4429 PROFORCE TEMPORARIES 1,738.93
121852 06/19/2024 4455 FRONTIER 1,013.96
121853 06/19/2024 4509 Norman A Traub 10,826.16
121854 06/19/2024 4764 UniFirst Corporation 107.81
121855 06/19/2024 4765 AMC Modern IT 2,754.06
121856 06/19/2024 4817 Weck Analytical Environmental Services, Inc. 856.00 121857 06/19/2024 4854 CEJ Engineers, Inc. 7,248.00
121858 06/19/2024 4928 Springstead & Associates, Inc. 8,000.00 121859 06/19/2024 4996 Green Giant Landscape, Inc. 151,905.00 121860 06/19/2024 5139 Crown Castle Fiber LLC 925.00
121861 06/19/2024 5269 CONTROL AIR ENTERPRISES LLC. 18,490.60 121862 06/19/2024 5280 ALDERMAN & HILGERS LLP 4,374.00
121863 06/19/2024 5291 AMAZON CAPITAL SERVICES, INC 104.58 Attachment A Page 1 of 4

Page 17 of 687 ends

CITY OF COVINA
Check Register
June 14, 2024 - June 27, 2024
Check # Check Date Vendor Name Amount
121864 06/19/2024 5435 CORE & MAIN LP 126.46
121865 06/19/2024 5439 PARKWOOD LANDSCAPE MAINTENANCE INC 17,716.77 121866 06/19/2024 5485 VAN MART INC 6,640.55
121867 06/19/2024 5526 DRB CUSTOM BUILDERS INC 9,306.44 121868 06/19/2024 5531 CU TECHNOLOGY LLC / ACORN TECHNOLOGY SERVICES 14,425.00 121869 06/19/2024 5539 CITY OF WHITTIER 1,617.81
121870 06/19/2024 5543 SIMPSON, JOEL 700.00
121871 06/19/2024 99999 ALANA SPECTOR 81.00
121872 06/19/2024 99999 BRIAN LEE 332.45
121873 06/19/2024 99999 DESIREE JIMENEZ 106.20
121874 06/19/2024 99999 KYLE WEBB 64.66
121875 06/19/2024 99999 METROPOLITAN CAPITAL PARTNERS 2,340.00 121876 06/19/2024 99999 NORKA T REGALADO 20.54
121877 06/19/2024 99999 PHILLIP HERNANDEZ 1,203.60
121878 06/20/2024 68 AFLAC ACCT# YQ792 WORLDWIDE HEADQUARTERS 4,338.09 121879 06/20/2024 69 AFSCME District Council 36 734.07
121880 06/20/2024 775 COVINA POLICE ASSOCIATION 3,050.00 121881 06/20/2024 878 DELTA DENTAL OF CALIFORNIA 9,273.52 121882 06/20/2024 3795 PRE-PAID LEGAL SERVICES, INC 138.53 121883 06/20/2024 3846 CLEA 1,035.25
121884 06/20/2024 4255 RELIASTAR LIFE INSURANCE COMPANY 4,484.92 121885 06/20/2024 4710 Fidelity Security Life Insurance Company 994.07 121886 06/27/2024 44 ADAMSON INDUSTRIES 2,982.78
121887 06/27/2024 84 AIRGAS-WEST 735.02
121888 06/27/2024 113 ALL CITY MANAGEMENT SVC 22,563.07 121889 06/27/2024 219 AT&T 27.56
121890 06/27/2024 269 BAKER AND TAYLOR INC 1,962.11
121891 06/27/2024 333 BERLITZ LANGUAGES, INC. 120.00
121892 06/27/2024 354 BIOMETRICS4ALL INC 800.00
121893 06/27/2024 477 DEPT OF INDUSTRIAL RELATIONS 800.00 121894 06/27/2024 493 CWE 2,405.00
121895 06/27/2024 568 CAT SPECIALTIES INC 3,343.29
121896 06/27/2024 649 CINTAS CORP #693 314.79
121897 06/27/2024 654 CITRUS CAR WASH 119.97
121898 06/27/2024 703 UNIQUE PRINTING 789.39
121899 06/27/2024 734 CONTROL AUTOMATION DESIGN INC 7,429.14 121900 06/27/2024 962 SUPERIOR COURT OF CALIFORNIA, CNTY OF LOS ANGELES 345.00 121901 06/27/2024 962 SUPERIOR COURT OF CALIFORNIA, CNTY OF LOS ANGELES 9,995.00 121902 06/27/2024 970 EDISON CO 1,458.30
121903 06/27/2024 1156 THE GAS COMPANY 92.61
121904 06/27/2024 1198 GLOBALSTAR LLC 102.17
121905 06/27/2024 1204 GOLDEN STATE WATER COMPANY 83.69 121906 06/27/2024 1235 GRAINGER 2,458.66
121907 06/27/2024 1361 HOLLIDAY ROCK CO INC 794.66
121908 06/27/2024 1505 JOHNNY'S POOL SERVICE 418.91
121910 06/27/2024 1615 REGIONAL TAP SERVICE CENTER 80.00 121911 06/27/2024 1694 LEWIS ENGRAVING INC 198.45
121912 06/27/2024 1792 MANNING & MARDER KASS, 12,596.50 121914 06/27/2024 1924 MILLERS & ISHAMS 422.71
121915 06/27/2024 1933 MISSION LINEN SUPPLY 18.96
121917 06/27/2024 2091 O REILLY AUTO PARTS 694.30
121918 06/27/2024 2238 PEST OPTIONS INC 845.00
Attachment A Page 2 of 4

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CITY OF COVINA
Check Register
June 14, 2024 - June 27, 2024
Check # Check Date Vendor Name Amount
121919 06/27/2024 2255 PHONE SUPPLEMENTS INC 167.11
121920 06/27/2024 2407 REGIONAL TAP SERVICE CENTER 462.40 121921 06/27/2024 2415 REPUBLIC MASTER CHEFS 448.65
121922 06/27/2024 2506 RYDIN DECAL 351.89
121924 06/27/2024 2676 SMART AND FINAL IRIS CORP 442.95 121925 06/27/2024 2775 SUPERB GRAPHICS INC 2,895.72
121926 06/27/2024 2855 CHARTER COMMUNICATION 334.43
121927 06/27/2024 2942 UNITED SITE SERVICES OF CA INC 14,876.98 121928 06/27/2024 2954 URBAN GRAFFITI ENTERPRISES INC 21,600.00 121929 06/27/2024 3004 VICTORY EXTERMINATING INC 150.00 121930 06/27/2024 3052 WATERLINE TECHNOLOGIES INC 3,360.42 121931 06/27/2024 3070 WEST COAST ARBORISTS INC 498.00
121932 06/27/2024 3134 XEROX CORPORATION 2,235.87
121933 06/27/2024 3185 TOSHIBA FINANCIAL SERVICES 1,502.42 121934 06/27/2024 3729 SUNBELT RENTALS INC 391.87
121935 06/27/2024 3749 JCL TRAFFIC SERVICES 2,687.01
121936 06/27/2024 3839 DOANE AND HARTWIG WATER SYSTEMS, INC. 154,850.00 121937 06/27/2024 3964 RED WING BUSINESS ADVANTAGE ACCOUNT 150.00 121938 06/27/2024 3988 LANDSCAPE WAREHOUSE III 725.70
121939 06/27/2024 4065 VERIZON BUSINESS SERVICES 831.76 121940 06/27/2024 4201 OFFICE TEAM - A ROBERT HALF COMPANY 1,251.59 121941 06/27/2024 4225 CORELOGIC SOLUTIONS, LLC 231.75
121942 06/27/2024 4247 UNITED WATER WORKS INC 5,738.76
121943 06/27/2024 4279 BOSS JANITORIAL SERVICES 13,068.45 121944 06/27/2024 4332 ERIC ARROYO 2,700.00
121945 06/27/2024 4350 RKA Consulting Group 20,390.00
121946 06/27/2024 4389 EMPLOY AMERICA 2,580.00
121947 06/27/2024 4455 FRONTIER 305.01
121948 06/27/2024 4509 Norman A Traub 15,323.08
121949 06/27/2024 4571 POWER SECURITY GROUP INC 12,427.00 121950 06/27/2024 4643 Bear Electrical Solutions, Inc. 32,261.15 121951 06/27/2024 4676 Hill Brothers Chemical Company 2,182.95 121952 06/27/2024 4688 PCAM, LLC 15,984.28
121953 06/27/2024 4693 DuraTech USA, Inc. 6,997.46
121954 06/27/2024 4704 S & J Supply Company, Inc. 1,839.97 121956 06/27/2024 4764 UniFirst Corporation 2,318.25
121957 06/27/2024 4766 HASA, INC. 3,240.62
121958 06/27/2024 4784 Apollo Wood Recovery, Inc. 10,520.13 121959 06/27/2024 4817 Weck Analytical Environmental Services, Inc. 454.00 121960 06/27/2024 4824 Occu-Med, Ltd. 6,093.30
121961 06/27/2024 4833 Michael R. Hillmann 1,250.00
121962 06/27/2024 4863 La Verne Power Equipment 154.34
121963 06/27/2024 4925 Humane Society of Pomona Valley, Inc. 24,511.17 121964 06/27/2024 4960 Data Ticket, Inc. 721.65
121965 06/27/2024 5011 Excel Office Services 218.82
121966 06/27/2024 5019 GM Sager Construction Co., Inc. 62,492.00 121967 06/27/2024 5052 SKY JTC CORPORATION 17,400.00
121968 06/27/2024 5080 Spohn Ranch, Inc. 212,707.37
121969 06/27/2024 5081 Veolia ES Technical Solutions, LLC 209.20 121970 06/27/2024 5109 SITEREP CONSTRUCTION SERVICES, INC. 48,250.43 121971 06/27/2024 5109 SITEREP CONSTRUCTION SERVICES, INC. 117,059.39 121973 06/27/2024 5169 Occupational Health Centers of California 240.00 Attachment A Page 3 of 4

Page 19 of 687 ends

CITY OF COVINA
Check Register
June 14, 2024 - June 27, 2024
Check # Check Date Vendor Name Amount
121974 06/27/2024 5213 TANGLED WEB SOLUTIONS: INVESTIGATIONS 3,430.00 121975 06/27/2024 5228 ODP BUSINESS SOLUTIONS, LLC 37.79 121976 06/27/2024 5291 AMAZON CAPITAL SERVICES, INC 3,041.31 121977 06/27/2024 5291 AMAZON CAPITAL SERVICES, INC 242.95 121979 06/27/2024 5355 CivicPlus LLC 270.96
121981 06/27/2024 5412 COVINA ANIMAL HOSPITAL 154.50
121982 06/27/2024 5420 GMT 995.00
121983 06/27/2024 5464 ADVANCE STORES COMPANY INC 2.89
121984 06/27/2024 5466 DAVID VOLZ DESIGN LANDSCAPE ARCHITECTS INC 5,380.00 121985 06/27/2024 5540 HANSENS HARDWOOD 1,500.00
121986 06/27/2024 5547 MARTINIAN LAWYERS, INC AND MELISSA ORDONEZ 10,000.00 121987 06/27/2024 99999 275 W CENTER LLC 61.28
121988 06/27/2024 99999 ALICIA ALANIZ 60.62
121989 06/27/2024 99999 BRYTANIE ORSZULAK 25.78
121990 06/27/2024 99999 CARRIE CHUNG 96.26
121991 06/27/2024 99999 GARY SAMPLES 100.49
121992 06/27/2024 99999 INVESTORS TRUST REALITY GROUP, INC 750.00 121993 06/27/2024 99999 MARK VOLK 750.00
121994 06/27/2024 99999 MERITAGE HOMES OF CALIFORNIA 750.00 121995 06/27/2024 99999 PETER GLINIAK 61.63
121996 06/27/2024 99999 ROSEANN TRUJILLO 400.00
121997 06/27/2024 99999 TONY YUNG-I CHIANG 36.06
subtotal checks $ 1,536,338.13
subtotal voids $ -
payroll (06/20/24) $ 1,059,174.43
payroll ( / / ) $ -
workers' compensation $ 220,082.73
TOTAL checks/EFTs $ 2,993,361.85
Attachment A Page 4 of 4

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CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. CC 3
Meeting: July 16, 2024
Title: Professional Services Agreement with El Dorado Climbing for the Design, Build, and Installation of a Rock-Climbing Facility as a Component of the Covina Recreation Village Project
Presented by: Brian K. Lee, AICP, Director of Community Development Recommendation: Authorize the City Manager to enter into a Professional Services Agreement with El Dorado Climbing with a compensation amount not to exceed $160,000.

The Covina Recreation Village Project is an ambitious City project consisting of the adaptive reuse of a former orange packing facility into a new community park and library plaza. The Covina Recreation Village is scoped to feature a brand-new library facility, indoor gymnasium, and exterior amenities such as a dog park and nature trail.

As part of this project, space in the indoor gymnasium will house a rock-climbing structure for general public use and instructional classes. It is recommended that the City Council consider the proposed professional services agreement to furnish and install the rock-climbing equipment, safety flooring materials and related equipment.

Four (4) pricing proposals were received from firms specializing in the design, fabrication and installation of climbing apparatus as follows:

Table 1. Rock Climbing Vendor Comparison
Company Quote Includes
Installation Notes
Rockwerx $318,661 Yes
Includes Design, Engineering, Fabrication, and
Installation.

Vertical Solutions $293,000 Yes
Includes design, fabrication and installation. Does not include structural engineering, or shipping costs (pass through costs).

El Dorado
Climbing $135,200 Yes Includes Design, Engineering, Fabrication, Installation, Training and other related items totaling $12,200.

Elevate Climbing $137,063.05* Yes
Includes additional cost for flooring of $75/sq. ft. x 365 sq. ft. = $27,375;
*Does not include Design Engineering or other related
items (estimated to be $10,000)
In reviewing the proposal from Elevate Climbing, it was determined that the vendor did not include a project schedule, renderings of the climbing apparatus or an explanation of terms to fabricate/install its equipment.

Further, flooring materials were excluded from the base price of $99,688.05. Using a unit cost of $75 per square foot for flooring materials, it is estimated that the flooring installation will cost $27,375 and design engineering will cost $10,000, bringing the total price quote to $137,063.05.

EXECUTIVE SUMMARY/DISCUSSION
DISCUSSION:

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Based on the additional costs associated with Elevate Climbing’s proposal, it has been determined that the proposal from El Dorado Climbing is the lowest responsive proposal to complete the installation. El Dorado Climbing’s proposal included a detailed design plan, apparatus fabrication, flooring, engineering services and installation. Additionally, El Dorado Climbing has a strong track record of successful projects completed for other public agencies. The total cost provided by El Dorado Climbing is for $135,200, which is roughly $2,000 less than the price provided by Vertical Solutions.

Based on this analysis, it is recommended that the City Council consider awarding a professional services agreement to El Dorado Climbing for the Covina Recreation Village Project. The agreement, not to exceed a total cost of $160,000, is for a scope of work totaling $135,200 and includes a project contingency of approximately 15%.

FISCAL IMPACT:

The indoor rock-climbing gym is an eligible expense under an awarded Prop 68 Grant received by Covina to develop the Covina Recreation Village Project (4600PR68). This grant funds recreation-related construction. As such, this expense has no impact on the General Fund.

CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):

Exempt.

Respectfully submitted,

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CITY OF COVINA, CA

CLIMBING WALL
PROJECT PROPOSAL Page 23 of 687

TABLE OF CONTENTS
Introduction……………………………………………….. 2
Why Choose Eldorado........……………………….... 3
Renderings............……………………………............ 4 – 9
Pricing Overview……………………………………….... 10
Additions / Value Engineering .......................... 11 Pricing Details..................................................... 12 - 14 Reference Projects............................................. 15 - 19 Project Timeline and Methodology.................... 20 Company Background……………………………....... 21

INTRODUCTION
Dear Daniella and the City of Covina,
We want to thank you for allowing us the opportunity to provide you with this climbing wall proposal for your new community recreation center.

Included in our proposal you will find wall renderings and pricing based on the provided 100% CDs .

As one of the pioneers of the indoor climbing industry, Eldorado (USA-owned and operated) has successfully installed well over 2,000 world-class climbing structures.

We are an industry leader in designing and building climbing walls for municipal recreation and fitness centers. Select clients include:
• City of Merrillville, IN
• City of Winona, MN
• City of Casper, WY
• City of Boulder, CO
I am available to answer any questions and provide any additional details as needed. I can be reached at (303) 913-2685.

Thank you for your interest in Eldorado Climbing and I look forward to discussing this proposal with you.

Best Regards,
Mike Wedding
Sr. Director of Sales
• City of Canton, GA
• City of Berthoud, CO
• City of Des Moines, IA
• City of Creede, CO

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Although there are many vendors available to design and install your climbing wall, partnering with Eldorado Climbing offers many distinct advantages that no other climbing wall vendor can offer.

1. Industry Leading Experience
Over the last 28+ years Eldorado Climbing has accumulated the largest breadth of project experience in the world.

Over 2000+ clients have trusted Eldorado to build their climbing walls. With partners ranging from over 200 Universities and countless climbing gyms to corporate headquarters and some of the largest resorts in the world, no other climbing wall manufacturer has the depth of knowledge, design experience, problem solving, and project management experience than Eldorado.

2. 30 Years of Proven Success Partnering with General Contractors Since building our first climbing wall nearly 30 years ago, Eldorado Climbing has partnered with over 400 General Contractors, including many of the largest GCs in the world. Comprehensive pre-construction and project management services are required in order to deliver large, contracted projects on time and on budget. We apply our time-tested pre-construction and project management services to every project to ensure we meet all budgetary and timeline expectation with no costly surprises.

3. Pre- Construction Services
Our pre-construction services play a key role in our success by eliminating costly change orders, providing potential cost savings, and ensuring our projects are delivered on time and on budget. Having a thorough understanding of each project goes beyond just knowing the size and budget for your climbing gym. Site access/analysis, scheduling, use case analysis, programming & curriculum needs, and aesthetic goals are just some of the critical items we carefully consider to ensure each project is delivered on time and on budget.

WHY CHOOSE ELDORADO

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RENDERINGS

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RENDERINGS

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RENDERINGS

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RENDERINGS

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RENDERINGS

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RENDERINGS

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PRICING OVERVIEW PRICING NOTES
Eldorado Climbing is excited about the prospect of partnering with The City of Covina to create a climbing space for your new community center.

The costs listed here are based on the specifications below and the renderings/design included in this proposal.

This design includes additional steel and fabrication to make it free standing based on the engineering recommendations provided by KPFF.

WALL DIMENSIONS:
• ~920 SFT OF TOTAL CLIMBABLE SURFACE
• 43.5’ WIDE
• 13.5’ HIGH (BOULDERING)
• 26’ HIGH (TALL WALL)
• 6 BELAY BARS
*Pricing does not include additional costs related to obtaining necessary permits or delays caused by any required inspections.

BASE WALL PRICE
Climbing Wall $128,900

EQUIPMENT
Holds (Qty ~450) $6,300
TOTAL (Wall, Equip & Other) $135,200

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ADDITIONAL OPTIONS NOTES

FLOORING
200 SF - 12” Bouldering flooring $9,800
165 SF - 5.5” ProTec Flooring (Tall Wall) $3,300
FLOORING TOTAL $13,100

FLOORING
Flooring is an option that we would highly recommend from both a safety and functionality standpoint.

This flooring option provides two separate flooring systems designed to work for both your bouldering and roped climbing areas.
• 200 SF of 12” ballistic nylon covered bouldering flooring for the bouldering areas.
• 5.5” ProTec flooring for the roped, tall wall area.

MISC.

TruBlue Auto Belays $2,819/each
Eldorado Route Setting $2,200

AUTO BELAYS
TruBlue Auto Belays can reduce staffing requirements, be used as a lead climbing training tool, and provide climbers with the ability to rope climb without a partner. Pricing includes Auto Belay, mounting hardware, and belay gates.

ROUTE SETTING
Pricing has been provided for Eldorado to set up to 25 routes on your wall.

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PRICING DETAILS
Summary
Material(s)
Wall Dimensions
Climbing Wall
Unit Cost Quantity
Climbing wall: $ 126,500 1 $ 126,500
Belay bars $ 400 6 $ 2,400
Climbing Wall and Features Subtotal $ 128,900
Equipment
Unit Cost Quantity
Handholds
Handholds $ 14.00 450 $ 6,300
Equipment Subtotal $ 6,300
Total wall, equipment and other
Eldorado's Panelized Wall System is a modular, seamed system of a epoxy-based texture applied over 3?4 inch baltic birch panels. Supported by a steel framing system, the modular panels are quickly installed and can be replaced as needed. A high density of t-nuts (2 per square foot) allows for extensive route setting options. Load requirements are up to 15lbs/sqft laterally and vertically. 1 hold per 2 sq. ft.

Item description Extended Cost Notes
Item description Extended Cost Notes
*Adjusted wall price includes additional steel and
fabrication required to create a free standing structure per KPFF Engineering
Eldorado Climbing Walls proposes to provide materials, labor and services for the construction of a climbing wall for the CIty of Covina, CA. The proposal is based on 100% Construction Drawings provided by Daniella Andrade. The structure will be designed to be free-standing based on details provided by KPFF.
920 sqft of climbable surface. 43.5’ wide climbing wall; 13.5’ tall bouldering wall; 26’ tall Roped Wall $ 135,200
Value Engineering Options (Subtract from base bid above) VE Option #1: Reduce size of tall wall ~($10,000)
Additional or Alternate Options (add to base bid above)

5.5" depth Protec Flooring $ 20.00 165 $ 3,300.00
12" Nylon Bouldering Flooring $ 49.00 200 $ 9,800.00 Includes Shipping TRUBLUE Auto belay - 41' $ 2,649.00 $ -
Mounting kit for TRUBlue Auto belay $ 80.00 $ -
Belay Gate with hardware

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$ 90.00 $ -

PRICING DETAILS
Other - If Quantity is Zero, Item is Excluded
Unit Cost Quantity
Separate mobilization for training/half day $ 3,000.00 $ - Onsite Storage connex
Boom lift for 39+ height / month $ 1,200.00 $ -
Fire resistant wood/sq. ft. $ 3.00 $ -
Forest Service Certified wood/sq. ft. $ 1.00 $ -
Floor protection $ 7.00 $ -
Route setting $ 150.00 $ -
Scaffolding rental/month $ 2,500.00 $ -
Scaffolding labor/sq. ft. $ - $ -
Prevailing Wage/Davis Bacon $ - $ -
Additional engineering $ 2,500.00 -
Performance and payment bonds $ - $ -
Taxes $ - $ -

SALES TAX CO, CA, FL, NE, WA, WV, WI,
Site visit by engineer on record $ 3,000.00 $ -
Other Subtotal $ -
4% of contract price
Market price
Market price
Market price
stamped engineering set or special calculations
Per route under 39'
Item description Extended Cost Notes
Included materials and services
Proposal/estimate is valid for 30 days from proposal date above Custom design and modeling
Set of shop drawings
Installation: all necessary equipment, rentals, and lifts as well as knowledgeable project manager and experienced job leader and construction crew Training: Provided in person or remotely - Covering basic operations, how to properly install hand holds, and wall maintenance.

Shipping & Handling
One-year limited warranty
Exclusions
Labor and materials for sleeving, firestopping, fire-safing, and/or sealing of all penetrations caused by installation of climbing wall.

Separate mobilization for the installation of flooring, for any reason where Eldorado is not at fault (including supply chain issues), will incur additional charges Delays caused by weather, or other acts of god, will result in additonal costs to cover increased logistic costs (Lodging, per diem, rental cars, rental equipment, etc.) Escalation: Pricing adjustment not to exceed 5% increase pro-rated annually Water, Heat (where needed), Electricity (including 220V if welding is involved), Appropriate lighting - All to be provided by owner Separate mobilization for climbing wall trainingAdditional costs will incur if needed Additional logistic costs resulting from not having a confirmed on-site installation date 45 days in advance Item description
Item description
Additional logistic costs due to changes in production or installation schedules made by others (Lodging, per diem, rental cars, rental equipment, etc.) Additional costs for encumbered equipment access at worksite (Worksite must allow access for appropriate forklifts, scissor lifts, etc.) Additonal costs for any climbing walls not built on grade Page 35 of 687

PRICING DETAILS
Separate mobilization for climbing wall training. Additional costs will incur if needed Separate mobilization for climbing wall route setting. Additional costs will incur if needed Stamped, sealed engineer drawings, unless otherwise noted Insurance in addition to Eldorado's existing coverage
Additional time and labor if scissor lifts cannot be used Construction permits and licensing must be provided by General Contractor, Owner, or Contractee Protection of existing areas including, but not limited to, flooring, walls, and finishes Scaffolding and additional labor costs of scaffolding
Tops/enclosure of walls; additional finishing of non-climbing surface Union Labor is not acceptable due to the specialty nature of climbing wall construction. Eldorado cannot insure or warranty wall built by Union labor Onsite storage containers
Specialty woods other than OSB including any fire rated materials Raw Material Escalation (Raw Material pricing valid for 90 days) Route setting
ADA-required ramp for flooring
Performance and payment bonds
Taxes
Custom design and modeling is excluded after 3 iterations Special Job Site Inspections
*Handhold orders must be finalized 6 weeks before scheduled mobilization or additional shipping fees may apply

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REFERENCE PROJECTS
Variety Boys & Girls Club
Los Angeles, CA

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REFERENCE PROJECTS
University of Wisconsin - Madison
Madison, WI

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REFERENCE PROJECTS
Dyno Climb
Deland, FL

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REFERENCE PROJECTS
San Diego State University
San Diego, CA

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REFERENCE PROJECTS
Merrillville Community Center
Merrillville, IN

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TIMELINE METHODOLOGY
As an industry leader, Eldorado Climbing has been designing and installing World Class climbing structures since 1991. Frequent communication with architects, decision makers, general contractors, facility managers, and user groups allow each project to run smoothly and be delivered on time.

Eldorado understands that adding a climbing facility to any building is a major investment and we partner with you to maximize your return on that investment by providing innovative and creative designs, industry-leading construction practices, and time-tested operational plans and strategies.

Each climbing wall will be permanently or modularly attached to a fully engineered steel substructure and will meet or exceed all CWA & CWIG standards. In addition to the base climbing walls, all other specified or required equipment will be included to provide a turnkey facility.

After the project has been awarded and a contract executed, the formal DESIGN phase occurs where the final size, shape, color, and cost of the climbing wall(s) will be approved and signed-off by the client and Eldorado.

SHOP DRAWINGS are then generated and passed along to Eldorado’s ENGINEERING team for analysis. If required, installation and/or calc packages will be stamped and sealed by a licensed SE, defining all specifications for fabrication and install.

The Project Management team will contact the project owners and their General Contractor to coordinate schedules, review building conditions and identify site needs. During this planning phase, materials and equipment are procured so that FABRICATION can begin at Eldorado's shop in Louisville, CO. MOBILIZATION follows next in order to ensure that all materials and Eldorado field crew arrive according to schedule.

As the onsite Installation process begins, the Project Management team receives Daily Reports from the Job Foreman on the progress of the INSTALLATION. Eldorado stays in continuous contact with the owner and the General Contractor throughout the entire project to ensure proper Training , hand-off and closeout occur.

Contract
Negotiation
1-2 wks
Design
2 wks
Shop Drawings
2-4 wks
Engineering
2-4 wks
Fabrication
~2wk /920 ft²
Mobilization
<1 wk
Installation
~2 wks /920 ft²
Training
½- day
Design team creates approved
renders and models in coordination
with the client
Sales and Management work out the
logistics of the agreement
Structure and custom shapes are
translated into 2D fabrication and
installation documents
3 rd Party Engineer performs analysis,
stamp and seal (if required)
Steel is cut and welded, wood panels
are CNCed, texture paint is prepped,
holds are ordered
Crew, tools, and materials are
transported to the job site
Structure is anchored to building,
shapes are installed, surface is
painted and inspected, hand holds
are route set
Safety, route setting, risk
management, maintenance,
operations

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COMPANY BACKGROUND
Eldorado has been designing, manufacturing, and installing the finest climbing walls and structures for over 28 years. Over 2,500 architects, general contractors, facility managers, and homeowners have trusted Eldorado to add climbing terrain to their spaces.

Eldorado is the leader in constructing climbing structures for:
• Colleges and Universities
• Climbing Gyms
• Family Entertainment Centers
• Fitness Centers, Recreation centers, YMCAs, and JCCs
• Corporate Campuses
• K-12 Schools
• Ski Areas and Resorts
• Private Homes
We are proud to call some of the finest organizations in the world our partners. The Eldorado Team has successfully worked with a variety of architectural firms including RDG, Smith Group, HOK, Moody Nolan, Bull Stockwell, Cannon Designs, and some of the largest general contractors such as Manhattan Const., Mortenson, Barton Malow, Neenan, and Skanska.

Eldorado’s Design and Project Management teams each bring decades of experience in the climbing wall industry. All our experienced installers are employees of Eldorado Climbing Walls and have been trained in the company’s proprietary construction techniques, and industry standards. Page 43 of 687

NON-PROFIT PARTNERS
1Climb is changing the lives of children across the
country through a partnership with the Boys & Girls
Clubs of America. They are on a mission to introduce
100,000 kids to climbing through the club facilities.

Eldorado has built three walls for the program so far,
with another 10 slated for construction in the coming
year. Learn more at www.1climb.org
Paradox Sports makes climbing accessible to people
with disabilities by guiding groups, individuals, and
facilities in local outdoor programs. Paradox also
offers climbing trips across the U.S. and hosts local
clubs. Learn more at www.paradoxsports.org
5% of every climbing panel purchase from Eldorado is
donated to Paradox Sports to pursue the belief that
everyone should climb.

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Since 1994, thousands of companies, organizations, and homeowners have trusted Eldorado to design, manufacture, and build their custom and modular climbing walls.

Choose the climbing wall and the partnership that lasts. 1699 Cherry Street, Unit B Louisville, CO 80027
303.447.0512
303.447.9191 fax
[email protected] www.eldowalls.com

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PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement (“Agreement”) is dated July 16, 2024, (“Effective Date”) and is between the City of Covina, a California municipal corporation (“City”) and Eldorado Wall Company, Inc., a Colorado S 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 Design, Build, and install a rock-climbing wall as described in Exhibit A 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 December 31, 2026, unless sooner terminated as provided in Section 14 of this Agreement. The City may, upon mutual agreement, extend the contract for one (1) additional one-year term. In no event shall the contract be extended beyond December 31, 2027 A. Compensation. As full compensation for Consultant’s services provided under this Agreement, City shall pay Consultant up to One Hundred and Sixty Thousand dollars ($160,000.00) (the “maximum compensation”), as set forth in the Approved Scope of Services, attached hereto as Exhibit A. Any terms in Exhibit A, other than the payment rates and schedule of payment, are null and void.

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

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

2. Consultant’s Services.

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

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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 [ (the “Consultant Representative”). The Consultant Representative shall directly manage Consultant’s services under this Agreement. Consultant shall not change the Consultant Representative without City’s prior written consent.

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

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

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

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

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

3. 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.

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.

4. 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.

5. Independent Contractor.

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

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

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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.

6. PERS Compliance and Indemnification.

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

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

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addition to Consultant’s duty to defend, indemnify, and hold harmless as set forth in any other provision of this Agreement.

7. Confidentiality. All data, documents, discussion, or other information (collectively “data”) developed or received by Consultant or provided for performance of this Agreement are deemed confidential. Consultant shall keep all data confidential and 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.

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

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

9. Indemnification.

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

B. Other Indemnities.
1) Other than in the performance of design professional services, and to the fullest extent permitted by law, Consultant shall, at its sole cost and expense, defend, hold harmless and indemnify the Indemnitees from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, liens and losses of any nature whatsoever, including fees of accountants, attorneys or other professionals, and all costs associated therewith, and the payment of all consequential damages (collectively “Claims”), in law

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

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

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

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

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

A. 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.

B. 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.

C. Survival of Terms. Consultant’s indemnifications and obligations under this Section 10 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 One Million Dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage and a general aggregate limit of Three Million Dollars ($3,000,000) 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 One Million Dollars ($1,000,000) 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.

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

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

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

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

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

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

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

I. Evidence of Insurance. Prior to the performance of services under this Agreement, Consultant shall furnish City’s Risk Manager with a certificate or certificates of insurance and all original endorsements evidencing and effecting the coverages required under this Section 11. The endorsements are subject to City’s approval. Consultant may provide complete, certified copies of

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all required insurance policies to City. Consultant shall maintain current endorsements on file with City’s Risk Manager. Consultant shall provide proof to City’s Risk Manager that insurance policies expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Consultant shall furnish such proof at least two (2) weeks prior to the expiration of the coverages.

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

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

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 sic (6) years. Consultant shall, without charge, provide City with access to the records during normal business hours. City may examine and audit the records and make transcripts therefrom, and inspect all program data, documents, proceedings and activities.

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

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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.

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: Daniella Andrade Attn: Mike Wedding
City of Covina El Dorado Climbing
125 E. College Street| 1699 Cherry Street, Unit B
Covina, California 91723 Louisville, Colorado 80027

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 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.

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

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

20. Exhibits. Exhibits A constitutes a part of this Agreement and is 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.

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reasonable attorneys’ fees together with any costs and expenses, to resolve the dispute and to enforce the final judgment.

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

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

City:

City of Covina,
a California municipal corporation
By:

Name: Chris Marcarello
Title: City Manager
ATTEST:

By:

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

Consultant:

Eldorado Wall Company, Inc.,
A Colorado S Corporation
By:

Name: Kevin Volz
Title: CEO/Owner
By:

Name: Debra Patterson
Title: Office Manager
(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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12923-0001\1917425v3.doc

EXHIBIT A
Scope of Services

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12923-0001\1917425v3.doc

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12923-0001\1917425v3.doc

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CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. CC 4
Meeting: July 16, 2024
Title: Resolution CC 2024-51, A Request to Amend the Fiscal Year 2024-2025 Operating Budget to Fund Annexation Services for Stormwater Covina Community Facilities District No. 2022-1 - Stormwater
Presented by: Brian K. Lee, AICP, Director of Community Development Recommendation: Adopt Resolution CC 2024-51 amending the operating budget for fiscal year 2024-2025 to fund Annexation Services for Community Facilities District No. 2022-1 – Stormwater.

EXECUTIVE SUMMARY/BACKGROUND:

On March 1, 2022, the City Council of the City of Covina approved and adopted Resolution CC 2022-20 which established the City of Covina Community Facilities District No. 2022-1 (Stormwater) pursuant to the MelloRoos Community Facilities Act of 1982. The assessment revenue is received from the LA County Tax Assessor and is utilized by the City to fund all direct and incidental costs related to providing for the maintenance of public infrastructure within the area of the Community Facilities District and areas adjacent to such areas. As proposed, $4,300 will be appropriated from the Stormwater Special District Fund for district administration services.

DISCUSSION:

On March 19, 2024, the City Council authorized the City Manager to execute a Professional Services Agreement for Special District Administration Services, Annexation Services, Continuing Disclosure Services, and Arbitrage Rebate Services, with an amount not-to-exceed $78,100 for the first year of the initial five-year term. The Special District Administration and Annexation Services cost for stormwater Covina Community Facilities District No. 2022-1 is $4,300 of the $78,100 total.

In order to pay for services rendered under the Agreement, the Community Development is requesting that $4,300 be amended to the Fiscal Year 2023-2024 Operating Budget to fund the annexation services for stormwater Covina Community Facilities District No. 2022-1.

FISCAL IMPACT:

This action will have no impact on the General Fund. Special District Stormwater Administration Services are budgeted out of fund 4707 and offset using generated district tax revenues. An amendment to the FY 2024-2025 operating Budget is necessary to pay for the Special District Administration and Annexation Services as follows:

Account Number Account Title
Original
Budget
FY24/25
Increase Amended Budget
4707-5600-51005 Consulting Fees $0 $4,300 $4,300
CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):

This activity will not result in a reasonably foreseeable change to the physical environment; it is exempt from CEQA under State CEQA Guidelines 15061 (b)(2) and (3) and does not constitute a project.

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Respectfully submitted,

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ATTACHMENT A
RESOLUTION CC 2024-51

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

CALIFORNIA, AMENDING THE OPERATING BUDGET FOR FISCAL
YEAR 2024-2025 TO FUND ANNEXATION SREVICES FOR
STORMWATER COVINA COMMUNITY FACILTIIES DISTRICT NO.
2022-1
WHEREAS, the City of Covina is a municipal corporation duly organized and existing pursuant to the Constitution and laws of the State of California; and WHEREAS, the budget for the City of Covina for fiscal year commencing July 1, 2024, and ending June 30, 2025, was approved on June 4, 2024; and WHEREAS, the approved budget is in accordance with all applicable ordinances of the City and all applicable statutes of the State; and
WHEREAS, the reallocation of the appropriations between departmental activities may be made by the City Manager and amendments (increases/decreases) to the adopted budget shall be by approval and Resolution of the City Council; and
WHEREAS, the City Council authorized the City Manager to execute a Professional Services Agreement with Willdan Financial Services for Special District Administration Services on March 19, 2024; and
WHEREAS, an amendment to the fiscal year 2024-2025 Operating Budget is necessary to pay Willdan Financial Services for the Special District Administration and Annexation Services; and
WHEREAS, the amendment to the Operating Budget shall by approval and memorialized by Resolution of the City Council.

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

SECTION 1. The City Council authorizes City staff to amend the fiscal year 2024-2025 City of Covina operating budget as follows:

Account Number Account Title Original Budget
FY24/25 Increase Amended Budget
4707-5600-51005 Consulting Fees $0 $4,300 $4,300
SECTION 2. The City Clerk shall certify to the passage and adoption of this resolution and shall enter the same in the Book of Original Resolutions.

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Resolution CC 2024-51 Page 2 of 2
APPROVED and PASSED this 16
th day of July, 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 2024-51 was duly adopted by the City Council of the City of Covina at a regular meeting held on the 16
h
day of July, 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 5
Meeting: July 16, 2024
Title: Covina Skate Park Project – Project No. P2207 – Final Acceptance and Filing Notice of Completion
Presented by: Rafael M. Fajardo, Interim Director of Public Works/City Engineer Recommendation: 1. Accept the work performed by Spohn Ranch, Inc; and

2. Authorize the City Clerk to file a Notice of Completion for the Covina Skate Park Project – Project No. P2207.

EXECUTIVE SUMMARY:

On August 1, 2023, the City Council approved a contract for Spohn Ranch, Inc. in the amount of $1,249,000 for the development and construction of a skate park on the west side of Wingate Park, adjacent to Grand Avenue.

Additionally, the City Council approved a change order on February 20, 2024 for Spohn Ranch, Inc. in the amount of $195,000 for construction of a storm water capture installation feature to capture and treat stormwater utilizing local funds from the Safe, Clean Water Program (“Measure W”).

Construction of the project was completed in June 2024 and City staff is recommending that the City Council accept all work performed by Spohn Ranch, Inc and subsequently authorize the City Clerk to file a Notice of Completion (Attachment A) for the Covina Skate Park Project – Project No. P2207.

DISCUSSION:

During construction of the Covina Skate Park Project, the need for additional work not included in the original scope of work was identified by the City. As a result, the City Engineer reviewed and approved the following change orders, increasing the overall contract in the amount of $139,545.74:
 Change Order No. 1 – Increased the overall contract amount by $195,000 as follows:
o Installation of Biofiltration System
 Change Order No. 2 – Increased the overall contract amount by $14,539.74 as follows:
o Unforeseen conditions during construction period
 Change Order No. 3 – Decreased the overall contract amount by $69,994 as follows:
o Credit for Sidewalk Prep & Pour
FISCAL IMPACT:

Project funding allocated for the Covina Skate Park Project is conveyed in the following table:

Table 1. Project Funding Allocation for Covina Skate Park Project Source of Project Funds Amount Account
Measure W $200,000.00 2510-3400-55200-P2207
Parks CIP $1,308,510.00 4600-3400-55200-P2207
Total $1,508,510.00

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The following table represents the final project summary:

Table 2. Covina Skate Park Project Expenditure Summary
Item Actual
Project Appropriations $1,508,510.00
Spohn Ranch, Inc. – (Contract Amount plus Change
Orders) ($1,388,545.74)
Siterep Construction Services, Inc (Construction
Management & Inspection Services) ($119,964.26)
Total Expenditures ($1,508,510.00)
Total UNDER/(OVER) BUDGET $0.00
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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ATTACHMENT A

RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

NAME City of Covina
STREET ADDRESS 125 E College Street
CITY Covina

STATE CA
ZIP CODE 91723
SPACE ABOVE THIS LINE FOR RECORDER’S USE

NOTICE OF COMPLETION
Notice pursuant to Civil Code Section 3093, must be filed within 10 days after completion. (See reverse side for complete requirements.) Notice is hereby given that:

1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described:

2. The full name of the owner is The City of Covina .

3. The full address of the owner is 125 E College Street, Covina, CA 91723 .

4. The nature of the interest or estate of the owner is: In fee. (If other than Fee, strike “in fee” and insert, for example, “purchaser under contract of purchase”, or “Lessee”)

5. The full names and full addresses of all persons, if any, who hold title with the undersigned as joint tenants or as tenants in common are:

NAMES ADDRESSES

6. The full names and full addresses of all the predecessors in interest of the undersigned, if the property was transferred subsequent to the commencement of the work or improvements herein referred to:

NAMES ADDRESSES

7. A work of improvement on the property hereinafter described was completed on: June 19, 2024 . The work done was:

Covina Skate Park Project

8. The names of the contractor, if any, for such work improvement was:

Spohn Ranch, Inc. August 1, 2023
(If no contractor for work of improvement as a whole, insert “None”) (Date of Contract)

9. The property on which said work of improvement was completed in the City of: Covina County of Los Angeles , State of CA , and is described as follows:

Covina Skate Park Project

10. The street address of said property is 735 N. Glendora Ave (If no street address has been officially signed, insert “None”.) Dated July 16, 2024
Fabian Velez, Chief Deputy City Clerk, City of Covina

VERIFICATION
I, the undersigned, say: I am the City Engineer The declarant of the foregoing Notice of Completion; (President of, Manager of, Partner of, Owner of)
I have read said Notice of Completion and know the contents thereof; the same is true to my own knowledge. I declare under penalty of perjury that the foregoing is true and correct.

Executed on July 16 , 2024 at Covina , California .
(Personal signature of the individual of the individual who is swearing that the contents of the Notice of Completion are true.)

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CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. CC 6
Meeting: July 16, 2024
Title: Resolution CC 2024-52 to Amend the Fiscal Year 2024/2025 Capital Improvement Program to Increase Funding for the Hollenbeck Park Urban Greening Revitalization Project – Project No. P2403
Presented by: Rafael M. Fajardo, Interim Director of Public Works/City Engineer Recommendation: Adopt Resolution CC 2024-52 to appropriate $252,800 from available Quimby Fees Fund – Fund Balance to the Hollenbeck Park Urban Greening Revitalization Project (Account No. 2604-3400-55200-P2207) to provide additional project funding necessary to complete the Hollenbeck Park Urban Greening Revitalization Project.

EXECUTIVE SUMMARY/BACKGROUND:

On April 2, 2024, the City Council approved a contract with Green Giant Landscape, Inc. for the revitalization of Hollenbeck Park from a generally turf-oriented public park into an urban forest and interpretive garden by replacing approximately 102,000 square feet (2.3 acres) of excess grass areas along the park’s perimeter into a drought tolerant urban forest with plant species native to the San Gabriel Valley region. The revitalization of Hollenbeck Park will incorporate several amenities to directly benefit the local community and the environment such as:
 An interactive, educational hummingbird and butterfly nature garden  Planting of native, drought-tolerant shade trees and shrubs  Community education and interpretive garden signage
 1/4 mile of a permeable walking and bike trail along the park’s perimeter (similar to the Covina Park Trail)  Solar pedestrian lighting
 A bioswale and retention basins along the project’s southern boundary to provide for groundwater recharge through storm-water and dry-weather capture to manage periodic flooding within the park DISCUSSION:

The City of Covina was awarded approximately $2,000,000 from the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy (RMC) via the RMC’s Climate Resilience Grant Program for the construction of the Hollenbeck Park Urban Greening Revitalization Project. In an effort to provide the community with a more comprehensive array of new recreational amenities at Hollenbeck Park, the Department of Public Works included other components during the project bid process that could potentially be funded with alternative funding sources including construction of a new basketball court (Alternate Bid Item #1) and the installation of fitness stations.

Due to grant guidelines and specifications, fitness stations and basketball courts do not qualify under the RMC’s Climate Resilience Grant Program due to grant restrictions funding only “passive recreation elements and educational/interpretive elements.”
Moreover, staff is proposing to utilize available Quimby Fees Funds to supplement recreational amenities at Hollenbeck Park in conjunction with the Hollenbeck Park Urban Greening Revitalization Project. Construction of a new basketball court (approximately $125,000) and installation of new fitness equipment along the walking and bike trail (approximately $127,800) will be funded with Quimby Fees Funds if Resolution CC 2024-52 is adopted. In turn, the overall construction contract with Green Giant Landscape, Inc. will be increased by $252,800, respectively.

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FISCAL IMPACT:

Adoption of Resolution CC 2024-52 will appropriate $252,800 from available Quimby Fees Fund – Fund Balance to the Hollenbeck Park Urban Greening Revitalization Project (Account No. 2604-3400-55200-P2207).

CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):

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

Respectfully submitted,

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ATTACHMENT A
RESOLUTION CC 2024-52

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COVINA, CALIFORNIA, TO AMEND THE FISCAL YEAR 2024-2025 CAPITAL

IMPROVEMENT PROGRAM BUDGET TO REFLECT AN
APPROPRIATION OF $252,800 FROM AVAILABLE QUIMBY FEES
FUND – FUND BALANCE FOR THE HOLLENBECK PARK URBAN

GREENING REVITALIZATION PROJECT
WHEREAS, the City of Covina is a municipal corporation duly organized and existing pursuant to the Constitution and laws of the State of California (“City”); and WHEREAS, the Fiscal Year 2025 Operating Budget & Capital Improvement Plan (CIP) was approved on June 4, 2024; and
WHEREAS, the approved Operating Budget and Capital Improvement Program budget are in accordance with all applicable ordinances of the City and all applicable statutes of the State; and
WHEREAS, on occasion, the City Council will deem it necessary to amend the Capital Improvement Program Budget to create a budget allocation to facilitate a project the City Council deems necessary and important; and
WHEREAS, those amendments (allocations) to the Budget shall be by approval and memorialized by Resolution of the City Council; and
WHEREAS, the City of Covina wishes to amend the FY 2024-2025 Capital Improvement Program Budget to reflect an appropriation of $252,800 from available Quimby Fees Fund – Fund Balance for the Hollenbeck Park Urban Greening Revitalization Project.

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

SECTION 1. Amend the Fiscal Year 2024-2025 Capital Improvement Program Budget as follows:

Account No. Account Description Amount
($)
Increase/Decrease
2604-3400-
55200-P2207
Quimby Fees-Park FacilitiesImprovements-Not
Bldgs/Structures-Hollenbeck
Park Urban Greening
Revitalization Project
$252,800 Increase
SECTION 2. The City Clerk shall certify to the passage and adoption of this resolution and shall enter the same in the Book of Original Resolutions.

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Resolution CC 2024-52 Page 2 of 2
APPROVED AND PASSED this 16th day of July, 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 2024-52 was duly adopted by the City Council of the City of Covina at a regular meeting held on the 16th day of July, 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 7
Meeting: July 16, 2024
Title: Professional Services Agreement with Robert Half Presented by: Brian K. Lee, AICP, Director of Community Development Theresa Franke, Deputy Director of Administrative Services Recommendation: Approve Professional Services Agreement with Robert Half.

EXECUTIVE SUMMARY/BACKGROUND
In 2022, the City entered into a non-council Professional Services Agreement with Robert Half, Inc for temporary staffing services to support the Finance Division. The contract had expired in 2023. The Finance Division and Community Development Division are requesting to utilize temporary staffing services offered by Robert Half, Inc., on an as-needed basis, for a compensation amount not to exceed One Hundred Thousand Dollars ($100,000).

The Community Development Division is leading a permitting and land management software transition effort away from Tyler/MUNIS and onto the Clariti /Salesforce platform. The Implementation of the new platform includes upgrading user interface and workflows for the Planning, Code Enforcement, Public Works, and Police Departments, will create a new customer application portal allowing online submittals and includes six custom integrations not previously utilized in the Tyler/MUNIS Program: Laserfiche Archiving, Bluebeam (electronic plan check), DocuSign (electronic signatures), GIS (geographic information system), Data Ticket (citation processing), and Elavon (online payments). The implementation portion has taken up considerable staff time and current Planning Division staffing levels are low, consisting of two (2) full-time positions and one (1) on-call/part time planning consultant. There are two (2) existing full time vacancies in the Planning Division. The Community Development Division is requesting one (1) temporary, supportive Business Systems Analyst role with technical expertise in Clariti/Salesforce that can 1.) Assume a project management role to implement the Planning Division related tasks, and 2.) Assume a general/supportive role in the administration of the project, to work to resolve pending requirements unfulfilled to allow formal project launch.

The Finance Division may at times request temporary staffing services to support the finance division on the caseby-case basis. Typical temporary staffing positions may include Cashier, Account Clerk, or Staffing Accountant.

The Professional Services Agreement would allow the City and consultant to mutually agree on a payrate depending on the Temporary Staff’s role and level of expertise. The payrate, scope of work, and hours assigned must be authorized by the City Manager or respective Department head before work may commence. The Agreement would also allow the City to hire, without incurring additional fees, assigned staff once that staff member has completed at least 520 hours of service on assignment to the City.

FISCAL IMPACT:

Compensation for services provided to the Finance Department and the Community Development Department in the form of temporary staffing/supportive services are provided for in the Fiscal Year 2024-2025 Operating Budget. The Temporary staff under consideration by the Community Development Department is estimated at $175/hour. The prospective staff resume can be found in Attachment A.

CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):

Exempt.

Respectfully submitted,

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Sumeet Narang
Summary:
• Having 27 years of experience in the IT industry and working as Sr. Salesforce Architect, Sr solution Architect, Integration Architect, Enterprise Architect and Marketing cloud Architect for State of Indiana • Proven ability to design, develop, and configure custom solutions using the Public Sector Solutions features and functionalities.
• As a Salesforce Enterprise Architect, my role is to design, develop, and implement complex Salesforce solutions that align with the overall business strategy and goals. I work closely with stakeholders, including executives, business leaders, and technical teams to ensure that the Salesforce solutions are scalable, efficient, and meet the organization's needs. • Results-driven professional with 5-6 years of experience in Salesforce Financial Services Cloud (FSC).

Proven ability to leverage FSC to enhance customer relationships, streamline financial operations, and improve regulatory compliance.

Technical Skills:
• Salesforce/ Marketing Cloud Platform: AMP Script, SSIS, SQL, Apex, Apex Triggers, Apex Web Services, Lightning, Lightning Components, Visualforce Pages and Controllers, SOQL, SOSL, Process builders, Flows, Data Loader, Reports and Dashboards
• SFDC Tools: Workbench, Salesforce DX, Force.com Data Loader, FileZilla(FTP), Lightning for Outlook • Operating Systems: Windows 95/98, Windows NT, UNIX and Linux, VMWare, Citrix, IBM Bluemix • Middleware Technologies: MuleSoft, Tibco, SSIS, IBM Websphere ESB • Languages: Java, C, C++, Vb 6.0, Lotus Script, ABAP4, BAPI, Spring, Hibernate, Apex • Technologies: JSP, Servlet, JDBC, HTML, ASP, XML, Lotus Scripts, Rational Rose, EJB 2.0, UML, MQ series, Apttus, MQSeries Administration, jsr168 and Jsr286, JSR170, Web 2.0, Portlet, Salesforce, Heroku, Pardot, Apttus CPQ, CLM, SRM, B2B Commerce
• Application Servers: Iplanet Application Server 6.5, IIS (5.0) and JRUN 3.0, Weblogic 8,9,10, WebSphere Application Server 5, 6,7, WebSphere Portal 5.1, 5.0.0.2, 6,6.1, tomcat, apache, Websphere Enterprise Server Bus, WebSphere process server, WebSphere Commerce Server 7,8 WebSphere Portal server, Solr Search Engine, Heroku
• Tools: Dreamweaver, Jbuilder, Eclipse, XMLSPY, FileZilla, Putty, Toad, WebSphere Studio 5, Portal toolkit, Rational application developer 6.1, WebSphere portlet factory, Visual Studio Code • Databases: SQL Server 7.0, SQL Server 2000, Oracle 8i, Oracle 9I, DB2, Postgres • Web Based Application: Html, Java Script, Dhtml, Flash 5, Lotus Domino R5, Node JS,angular JS, java script • Utilities:Ms-Office, Lotus 123, PageMaker 6.5, Corel draw 8, Jenkins, Flowsum, Coppado • Multimedia and Animation: Adobe Premier, Animator Pro, 3d Studio Animation, Elastic Reality, Adobe PhotoShop 5, Adobe illustrator Gif Animator, Flash 5
• Content Management System: Jahia, IBM Web Content Management, Vignette, TeamSite • Protocols: REST API, SOAP API
Education:
• MCA from Madurai Kamaraj University - 2004.
• B.COM. (H) (Bachelors in Commerce) from Delhi University Certification:
• Salesforce Certified Application Architect
• Salesforce Certified System Architect
• Certified MuleSoft Platform Architect Level1
• Salesforce Data Architecture and Management Designer

ATTACHMENT A

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• Salesforce Sharing and visibility Designer
• Salesforce Platform Developer2 certified
• Salesforce Development Lifecycle and Development Architect • Salesforce Identity and access Management Architect
• Salesforce Integration Architect
• Salesforce Platform Developer1 Certified
• Salesforce Platform App Builder
• Salesforce Certified Administrator
• Salesforce Sales Cloud Consultant
• Salesforce Service Cloud Consultant
• Salesforce CPQ Specialist
• Salesforce Marketing Cloud Email Specialist
• MQ Admin 7 Certified
• PMP Trained Professional
Experience Summary:

JFS- State of Indiana
Position: Salesforce Technical Specialist
Duration: Dec 2023- Working
• Led the design, development, and deployment of a Public Sector Solutions within State of Indiana, improving grant management efficiency by 20%.
• Worked on PSC modules like Grantmaking, Justice, Investigative Case Management, Social Program Management, and Inspections and Assessments to cater to specific government needs. • Lead the design and implementation of the Salesforce Licensing and Permitting module, improving process efficiency by 35%.
• implementation of Land Management System
• Led the implementation of Clariti within the organization’s LMS, resulting in a 30% reduction in permit processing time and improved compliance tracking.
• Customized Clariti to meet specific land management requirements, including integration with GIS and financial systems.
• Automated the process of applying for, issuing, and tracking permits and licenses. • Facilitated scheduling, tracking, and reporting on inspections. • Automated workflows to reduce manual processes and improve efficiency. • Provided a user-friendly portal for citizens and businesses to apply for permits and licenses, track application status, and make payments.
• Successfully implemented a cloud-based inspection management system for the state, reducing inspection processing time by 40%.
• Led the implementation of Salesforce Grantmaking module, streamlining grant management processes and improving operational efficiency.
• Implemented Salesforce Emergency Program Management module, enhancing disaster response capabilities by integrating real-time data analytics, resource allocation, and communication tools. • Developed a self-service portal leveraging the Employee Experience module to enable public sector employees to access resources, submit requests, and receive updates. • Customized and optimized the Benefit Management Module to streamline citizen services, resulting in a 30% increase in processing efficiency.
• Implemented Social Program Management module to streamline case management processes for a state welfare department, reducing case processing time by 30%.

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• Prepared high-level estimates and project plan for implementation of the project. • Worked as Salesforce Technical Specialist
• Worked on Govt. Cloud.
• Worked on Sales Cloud, Service Cloud and Marketing Cloud • Worked on the design, development, and support of the Salesforce Set project. Worked with business and IT leaders to drive the development of refined business requirements. • Worked on data migration of all the Sets document from old legacy system to Salesforce • Worked on data model of Sets applications
• Provided technical knowledge and business support to the development team. • Set up CI/CD deployment process using Flow Sum and set up different environments such as Prod, UAT, QA and dev orgs.
• Setup security model for Salesforce application for different business users.

JFS- State of Ohio
Position: Salesforce Technical Specialist
Duration: July 2023- Dec 2023
• Spearheaded the design, development, and deployment of a Public Sector Solutions for the State of Indiana, enhancing grant management efficiency by 20%.
• Utilized PSC modules such as Grantmaking, Justice, Investigative Case Management, Social Program Management, and Inspections and Assessments to meet specific governmental needs. • Directed the design and implementation of the Salesforce Licensing and Permitting module, increasing process efficiency by 35%.
• Successfully deployed a cloud-based inspection management system for the state, reducing inspection processing time by 40%.
• Led the implementation of the Salesforce Grantmaking module, optimizing grant management processes and boosting operational efficiency.
• Implemented the Salesforce Emergency Program Management module, improving disaster response capabilities through real-time data analytics, resource allocation, and communication tools. • Developed a self-service portal using the Employee Experience module, enabling public sector employees to access resources, submit requests, and receive updates. • Customized and optimized the Benefit Management Module, resulting in a 30% increase in processing efficiency for citizen services.
• Deployed the Social Program Management module for a state welfare department, reducing case processing time by 30%.
• Worked as Salesforce Technical Specialist
• Worked on Govt. Cloud.
• Worked on public sector solutions
• Worked on Sales Cloud, Service Cloud and Marketing Cloud • Worked on the design, development, and support of the Salesforce Set project. Worked with business and IT leaders to drive the development of refined business requirements. • Worked on data migration of all the Sets document from old legacy system to Salesforce • Worked on data model of Sets applications
• Provided technical knowledge and business support to the development team. • Set up CI/CD deployment process using Flow Sum and set up different environments such as Prod, UAT, QA and dev orgs.
• Setup security model for Salesforce application for different business users. • Worked on building of Community portal

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• Worked on Salesforce Govt Cloud
Environment: Salesforce Sales Cloud, Flowsum, Salesforce Community Cloud, Salesforce CRM.

Discount Tire
Position: Sr. Salesforce Solution, Enterprise Architect, Integration Architect and Marketing Cloud Architect Duration: Jan 2023 – July 2023
• Ensured Regulatory Compliance: Partnered with internal teams (compliance, wealth management) to guarantee data integrity and adherence to regulatory requirements, mitigating risks and fostering trust. • Integrated Salesforce OMS with external systems (ERP, payment gateways) to create a seamless data flow and eliminate manual tasks.
• Worked on delivering estimation, costing, budgeting and resource planning • Developed and maintained reports and dashboards to track order metrics, identify bottlenecks, and measure KPIs, driving continuous improvement.
• Integrated of Salesforce Service Cloud with Salesforce CPQ • Working as Enterprise architect helping in integration of third-party application with Salesforce. • Collaborate with stakeholders to understand business requirements and define technical solutions leveraging Vlocity platform capabilities.
• Provide architectural guidance and design recommendations to ensure scalability, performance, and maintainability of Vlocity implementations.
• Lead the technical design and implementation of Salesforce solutions, considering integration points, data modeling, and system configurations.
• Define and enforce best practices for SalesForce development, including coding standards, version control, and deployment processes.
• Setup process for backup and restore using ownbackup tool. • Using Gearset for code migration
• Working on Omnistudio, Omniscript, DataRaptors, FlexCards, OmniStudio Interaction Console Environment: Salesforce Sales Cloud, Salesforce Marketing Cloud, CP, SFMC Multi-Org Connector, Marketing Cloud Connector, Marketing Cloud Connected App, Email Studio, Contact Builder, Automation Studio, Data Extensions, SQL, Filters, Jira, G-Suite, Dataroma, Tableau, , AMP emails, Journey Builder, Dynamic CRM, MS sharepoint, Devops tool(flowsum, copado), SalesForce CPQ
Waste Management
Position: Sr. Salesforce Solution Architect
Duration: Feb 2022 – jan 2023
• Provided ongoing user training and support for Salesforce OMS, maximizing system adoption and user productivity.
• Worked as a SalesForce Solution Architect and Enterprise Architect • Develop and oversee the overall technical architecture of SalesForce implementations, including solution design, data modeling, integration patterns, and customization strategies. • Design and implement complex SalesForce data models, leveraging Industry Data Models (IDMs), and custom objects to meet specific business requirements.
• Define and implement SalesForce integration strategies, including real-time integrations with external systems, data migrations, and batch processes.
• Architect and implement SalesForce CPQ (Configure, Price, Quote) solutions, including product catalog configuration, pricing rules, discounting, and quoting processes. • Collaborate with Salesforce platform teams to ensure seamless integration of Salesforce solutions with Salesforce Sales Cloud, Service Cloud, and other Salesforce products.

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• Provide guidance on SalesForce UI (User Interface) development, leveraging LWC, Aura to create intuitive and efficient user experiences.
• Worked on delivering estimation, costing, budgeting and resource planning • Design and implement SalesForce industry-specific business processes, leveraging Guided Processes, and Case Management.
• Conduct code reviews and provide guidance on SalesForce specific customization, including apex classes, Triggers, LWC, aura Components.

Environment: Salesforce Sales Cloud, Salesforce Marketing Cloud, SFMC Multi-Org Connector, Marketing Cloud Connector, Marketing Cloud Connected App, Email Studio, Contact Builder, Automation Studio, Data Extensions, SQL, Filters, Jira, G-Suite, Dataroma, Tableau, , AMP emails, Journey Builder, Salesforce CPQ, Devops tool(flowsum, copado)
Old National Bank
June 2021– Feb 2022
Position: Sr. Salesforce Technical Architect and Enterprise Architect • Designed and implemented FSC configurations to manage complex client relationships, including householding and account hierarchies.
• Utilized Wealth Management tools within FSC to track client portfolios, monitor investments, and generate performance reports.
• Streamlined KYC (Know Your Customer) and AML (Anti-Money Laundering) processes to ensure regulatory compliance and mitigate risk.
• Developed custom dashboards and reports to track key financial metrics, identify client trends, and support data-driven decision making.
• Collaborated with internal stakeholders (e.g., compliance, wealth management) to optimize FSC configurations and ensure alignment with business goals. • Designed and implemented custom Salesforce OMS objects and workflows to automate order processing, including order capture, validation, and fulfillment.

United Airlines
October 2020 – June 2021
Position: Sr. Salesforce Solution and Marketing Cloud Architect • Increased efficiency by configuring workflows and automations for tasks like account onboarding and KYC compliance, ensuring faster turnaround times.
• Designed custom reports and dashboards to track key financial metrics and client activity, providing valuable insights for data-driven decision making.
• Automated order capture, validation, and fulfillment through custom Salesforce OMS objects and workflows, improving efficiency and reducing errors.
• Configured inventory features for real-time stock visibility and accurate order fulfillment, ensuring customer satisfaction.
• Working as SalesForce Solution and Technical Architect • Lead the technical design and implementation of Salesforce solutions, considering integration points, data modeling, and system configurations.
• Created campaign and journey to sed marketing email for member and non-member • Migration of Files from UDH(amazon redshift server) to Salesforce marketing cloud using automation studio.
• Drive technical workshops and training sessions to enable the development team and stakeholders on SalsForce capabilities and best practices.

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• Collaborate with other technical leads and architects in the integration of SalesForce with other systems and platforms.

WestCoast University
(Jan 2020- Oct 2020)
Salesforce Architect
• Worked as a Pre-Sales Solution Architect
• My work included conducting discovery sessions, developing customized Salesforce demos and presentations.
• Worked on delivering estimation, costing, budgeting and resource planning • Responsible for overall solution design including all SFDC components and integration. • Leading a global team throughout the design, development, launch, and support of Salesforce; with business and IT leaders to drive the development of refined business requirements. • Migrated Salesforce CRM application from Dynamic CRM to Salesforce CRM • Provided technical knowledge and business support to the development team. • Data migration from SQL server to Salesforce and Salesforce to SQL server using SSIS. • Worked on Einstein Analytics, Service Cloud Einstein and Sales Cloud Einstein • Worked in Einstein chatbot
• Integrated Salesforce with Microsoft outlook using Einstein. • Created report using Einstein analytics and BI tool and integrated with Salesforce • Execute on delivering a CRM that empowers Admissions team employees to sell, Market, service, and effectively manage their student and client base.

Blue Cross Blue Shield
(July 2019- Dec 2019)
Sr. Salesforce Architect
• Worked as a Pre-Sales Solution Architect
• My work included conducting discovery sessions, developing customized Salesforce demos and presentations.
• Responsible for overall solution design including all SFDC components and integration. • Created portal for patient using health cloud.
• Configured and customized Health Cloud applications to meet unique business needs, including the creation of custom objects, fields and workflows to streamline complex business processes. • Developed and maintained integrations between Cloud applications and third-party systems such as Electronic Health Records (EHR) and practice management.

DEPARTMENT OF TAXATION, STATE OF OHIO, COLUMBUS, OH, USA (MAY 2018- JULY 2019)
• Worked as Lead Solution Architect and Salesforce Technical Architect for Department of Taxation Project • Architect and design Salesforce solutions for the ODT Municipality Portal. Provide solutions for complex Salesforce requirements.
• Worked as Technical Architect for a seven-member development team that builds Salesforce applications for the Department of Taxation.
• Worked with Persistent team and build Salesforce applications for the Department of Taxation. • Establish structured design and implementation techniques to provide support throughput and project prioritization among the team.
• Establish scalable processes and policies to allow consistent and repeatable support and testing and maturity of the Salesforce platform.

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• Determine continuous integration process and analyze CI tools to be procured for the Department of Taxation.
• Worked on creating segments based on profile data to inspire engagement. • Setup, maintain, and optimize email marketing campaign utilizing Exact Target/Salesforce Marketing Cloud.
• Work with Asset Management Marketing team, internal staff, and production team to plan and execute development cycle.

Lincoln Financial (Rolling Meadows, IL)
(Dec2017 – May 2018)
Salesforce Architect
• Built a comprehensive client management system using Salesforce FSC to manage accounts, contacts, households, and financial assets, fostering stronger client connections. • Leveraged FSC's wealth management features to streamline portfolio management, performance reporting, and rebalancing, allowing advisors to deliver exceptional service. • Responsible for overall solution design including all SFDC components, integration and reporting. • Lead a global team throughout the design, development, launch, and support of Salesforce. • Work with business and IT leaders to drive the development of refined business requirements • Providing creative ideas to help meet the business requirements and reducing the number of customizations and increasing automation.
• Working on creating a custom pdf print solution and implementation using heroku • Created dashboards and reports to continually monitor key business metrics based on the latest data. • Worked on Enterprise Territory Management.

BlueWolf (Phoenix, Arizona)
Salesforce Technical Architect
• Responsible for overall solution design including all SFDC components, integration and reporting. • Worked on integration of Salesforce with SAP using MuleSoft • Moving Salesforce contacts, accounts, opportunities or users from one org to another with Mulesoft Anypoint Templates for migration.
• Worked on Master Data Management
• Automatically update data in Salesforce when a change is made or new information is added in ERP or CRM applications, databases or other Salesforce instances with Anypoint Templates Abbvie(LakeForest IL)
(March 2017- Dec 2017)
Salesforce Technical Architect
• Configured and customized vlocity Health Cloud applications to meet unique business needs, including the creation of custom objects, fields and workflows to streamline complex business processes. • Developed and maintained integrations between Cloud applications and third-party systems such as Electronic Health Records (EHR) and practice management. • Conducted system testing and user acceptance testing of Health Cloud applications to ensure they meet business requirements and quality standards.
• Providing technical support to end-users and resolving issues related to Health applications and their integrations with other systems.
• Build the sales hierarchy, define assignment rules for territories, add users and forecast managers to territories, and run rules to see the resulting account assignments.

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• Assigned accounts to territories by creating rules that assign them automatically or adding them manually.
• Demonstrating knowledge of vlocity Health Cloud best practices and industry-specific regulatory requirements, including HIPAA compliance for healthcare applications.

Johnson Controls (Milwaukee, Wi)
(Oct 2015- March 2017)
Salesforce Technical Architect
• Worked as lead Solution Architect, CloudCraze Architect, Salesforce Technical Architect, Ecommerce Architect
• Worked on Salesforce Sales Cloud; Salesforce Lightning. • Develop custom solutions and interfaces leveraging the CRM/Salesforce platform • Worked as Integration Architect. Worked on Integration of Salesforce and Heroku. Worked as Salesforce Technical Architect.
• Worked on Solution Design and Architect on Salesforce.com Platform which includes; Sales Cloud, Chatter, & Force.com Platform (Visualforce & Apex); Mobile Apps; Data Migration • Developed Proof-of-Concepts & presenting Point-Of-Views based on client’s requirements Aurora Health (Milwaukee, W)
(Apr 2014- Oct 2015)
Solution Architect
• Worked as Salesforce Architect, Enterprise Architect, Commerce Architect, Data Architect and Middleware Architect.
• Created portal for patient using health cloud.
• Configured and customized vlocity Health Cloud applications to meet unique business needs, including the creation of custom objects, fields and workflows to streamline complex business processes. • Developed and maintained integrations between Cloud applications and third-party systems such as Electronic Health Records (EHR) and practice management. • Conducted system testing and user acceptance testing of Health Cloud applications to ensure they meet business requirements and quality standards.
• Providing technical support to end-users and resolving issues related to Health applications and their integrations with other systems.

Whirlpool Corporation (Benton Harbor, MI)
(Jul2013- Apr2014)
• Worked as Salesforce Architect and Lead Solution Architect in whirlpool. • Worked on Service cloud and Salesforce CRM. Integrate Salesforce with WebSphere Commerce. • Worked as Platform architect and Technical Architect for all commerce websites of Whirlpool Asia, Whirlpool Canada, Whirlpool Europe.
• Created Website of KitchanaidIndia.com, Mobile app of Maytag.com, gladiator.com in WebSphere Commerce. Supported Kitchaid.com, Whirlpool.com, Maytag.com, Glaadiator.com, whirlpool.com website and involved in enhancement of these websites. Making a Mobile app for Whirlpool. • Created websites of Philippines, Korea, Singapore, Malaysia.

Tracfone (Tracfone, FL)
(Apr 2013- Jul 2013)
• Worked for Tracfone as Salesforce Architect and Commerce Architect.

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• Worked with Enterprise Architect of Tracfone to create Solution Design documents. Worked on B2B and B2C websites.
• Integrated Websphere commerce with Jahia
Ascendant Technology (Milwaukee WI)
(Oct 2012-Apr13)
• Worked as Salesforce Architect, WebSphere Commerce and Infrastructure Architect in Ascendant Technology.
• Worked in Harley Davidson project as WebSphere Commerce Architect and Salesforce Architect • Working as WebSphere Commerce Architect and Infrastructure Architect in American Girl.

Computer Science Corporation
(Jan 2011 - Sep2012)
Technology Architect
• Worked as Salesforce Architect, Websphere Commerce, Infrastructure Architect, Portal, Tivoli and TeamSite Architect in CSC. Worked as Technical Architect for Kroger and Campbell Soup company IBM (Jan 2009 - Jan 2011)
Technology Manager
• Worked as Solution Architect and Technology Manager in IBM. Involved in designing of architect of multiple SOA Projects. Managing 8 accounts like Hartford, TD Bank, IGA, Air Canada, Horizon BCBS, BCBS of Mass
Sapient (London, UK)
Apr 2007-Nov 2008
• Senior Solution Architect, Salesforce Architect and Technology Manager in Sapient. • Involved in designing of architecture of News International project, Nasco project, BSkype project, BUPA and BT Health Project.
• Supporting middleware technologies like IBM WebSphere, MQ Series, WebSphere ESB, WebSphere portal, IBM Everyplace, IBM DB2, IBM Http server, apache server. Working in content management system like Jahia, IBM Web content Management, Vignette Birlasoft, Sydney, Australia
Nov 2006-Apr 2007
• Senior Solution Architect, SOA Architect and Technology Manager in Birlasoft. • Involved in designing of architecture of Monster Portal, StreamSolution Portal, Ajadpur mandi portal, UP krishi mandi portal. Worked as a head of center of excellence of IBM technologies. • Involved in effort estimation, costing of project, designing of architect of project. Involved in every phase of the project.

E.I Dupont India Pvt. Ltd. Wilmington, DE
May 2006-Nov 2006
• Interaction with team of CSC (USA), Accenture(USA), Sun(USA) and giving 24*7 support for maintaining all infrastructure operations. Worked as Delivery manager and Technical Architect.

Fidelity International, (London, UK)
Sep 2005-May 2006
• Technical Specialist in fidelity UK.

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• Development of Fidelity Intranet portal using vignette, jetspeed, WebSphere application server and Autonomy. Development of Fidelity’s Accushare website of fidelity using JSP, structs, servlet, web services and IBM WebSphere application server. Maintenance of www.fidelity.co.in IBM Global Services, (Atlanta, GA)
Apr 2004-Sep 2005
IBM Research LAB as Project Lead
• Development of web based component for Development Bank of Singapore using Jsp, Servlet, EJB2.0 • Development of portal for Worldspan (Travel Co. of USA) using WebSphere portal, IBM WWCM

NIIT TECHNOLOGY (INDIA)
(JAN 2004 – APR 2004)
• Worked in British Airways as Sr. Consultant. Worked in Java, ESB project.

TECHNIP) (INDIA)
(MAY 2001 – JAN 2004)
• Worked as Sr. Software Engineer. Worked for Internet and Intranet Project.

NEXTBRICK SOLUTION
(JAN 1996-MAY 2001)
• Worked as Sr. Software Engineer. Worked in java, J2ee project. Worked on .net and Asp Project also.

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ATTACHMENT B

PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement (“Agreement”) is dated July 12, 2022(“Effective Date”) and is between the City of Covina, a California municipal corporation (“City”) and Robert Half Talent Solutions., a California _________ (“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 temporary staff 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, 2023, unless sooner terminated as provided in Section 13 of this Agreement.

2. Compensation.

A. Compensation. As full compensation for Consultant’s hourly temporary staffing services provided under this Agreement, City shall pay Consultant a sum not to exceed One Hundred Thousand Dollars ($100,000) (the “maximum compensation”), based on the scope of work in Exhibit A. Any terms in Exhibit A, other than the payment rates and schedule of payment, are null and void.

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

3. Consultant’s Services.

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

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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 Theresa Mumma, President/CEO (the “Consultant Representative”). The Consultant Representative shall directly manage Consultant’s services under this Agreement. Consultant shall not change the Consultant Representative without City’s prior written consent.

F. 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 weekly 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 five (5) days of receipt of an invoice of any disputed fees set forth on the invoice.

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,

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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 conduct 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.

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.

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.

Code, § 81000 et seq.) and Government Code Section 1090. During the term of this Agreement, Consultant may perform similar services for other clients, but Consultant and its officers, employees, associates and subcontractors shall not, without the City Representative’s prior written approval, perform work for another person or entity for whom Consultant is not currently performing work that would require Consultant or one of its officers, employees, associates or subcontractors to abstain from a decision under this Agreement pursuant to a conflict of interest statute. Consultant shall incorporate a clause substantially similar to this Section 8 into any subcontract that Consultant executes in connection with the performance of this Agreement.

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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 relateto the acts or omissions of Consultant, its officers, agents, servants, employees, subcontractors, material men, contractors or their officers, agents, servants or employees (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of 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 SubparagraphA. 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 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

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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’sindemnifications and obligations under thisSection 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 Two Million Dollars ($2,000,000) per project or location.

If Consultant is a limited liability company, the commercial general liability coverage shall be amended so that Consultant and its managers, affiliates, employees, agents and other persons necessary or incidental to its operation are insureds.
2) Automobile Liability Insurance for any owned, non-owned or hired vehicle used in connection with the performance of this Agreement with a combined single limit of Two Million Dollars ($2,000,000) per accident for bodily injury and property damage. If Consultant does not use any owned, non-owned or hired vehicles in the performance of services under this Agreement, Consultant shall obtain a non-owned auto endorsement to the Commercial General Liability policy required under Subparagraph A. 1) of this Section 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.
4) Professional Liability Insurance with minimum limits of Two Million Dollars ($2,000,000) per claim and in aggregate.

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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.

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 orself-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

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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.

11. Mutual Cooperation.

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

13. Termination or Suspension of Agreement.

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

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If to City: If to Consultant:

Attn: Daniella Andrade Thomas Ngo
City of Covina Robert Half Talent Solutions
125 E. College Street 13181 Crossroads Parkway
Covina, California 91723 City of Industry, CA 91746

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.

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20. Exhibits. Exhibits A, constitutes 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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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.

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
Consultant:

Robert Half Talent Solutions, a
(entity type)
By:

Name: John Swift
Title: Regional Director
By:

Name: Thomas Ngo
Title: VP Practice Director
(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
Description Bill Rate
Temporary Staffing (Reg Hours & OT
Hours)
Employee’s pay rate** + __% of pay rate
Temporary Staff - Sick Pay* Employee’s pay rate + __% of pay rate Background Check Fee $__.00/each
City may hire, without incurring additional fees, assigned staff once that staff member has completed 520 hours of service on assignment to the City.

Temporary Staffing to be approved via a task order authorization by the respective Department Director/head. The City Manager is the designated authorizer for task orders which exceed the respective Department Director/head authorizing limits.
*Employee eligible for maximum 24 hours/year after 90 days of placement. Accrual calculated at the rate of 1-hour sick accrual for every 30 hours worked.
**Payrate to be mutually agreed upon by City and Consultant prior to placement/rate changes

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CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO.

Meeting: July 16, 2024
Title: Covina Skate Park – Purchase and Installation of Solar Lighting Equipment Presented by: Rafael M. Fajardo, Interim Director of Public Works/City Engineer Recommendation: 1. Approve plans and specifications for new solar lighting equipment at the Covina Skate Park;

2. Award a contract for the purchase and installation of solar lighting equipment to Siterep Construction Services, Inc. as the lowest responsive and responsible bidder in the amount of $51,413 and authorize the City Manager to execute the contract; and

3. Adopt Resolution CC 2024-59 to reflect a transfer of $56,413 from the General Fund into the Parks CIP Fund for the purchase and installation of solar lighting equipment at the Covina Skate Park; and

4. Authorize a project contingency amount of $5,000 to cover the cost of unforeseen construction expenses.

EXECUTIVE SUMMARY/BACKGROUND:

On August 1, 2023, the City of Covina awarded a contract for construction of the City’s first Skate Park to Spohn Ranch, Inc. The Skate Park was officially completed in June 2024 with ensuing plans to install solar lighting at the Skate Park in order for visitors to patronize the park during evening hours. New solar lighting at the Covina Skate Park will consist of six (6) solar light poles best situated within the Skate Park to illuminate high-traffic areas.

DISCUSSION:

In an effort to expedite new lighting features at the Covina Skate Park, the Department of Public Works requested informal proposals from three companies included on the City’s On-Call Services List for Maintenance and

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Repair of City Facilities. City staff received the following three (3) proposals in response to the solicitation for new solar lighting installations within the Skate Park:

Rank Bidder Location Total Base Bid Amount
1 Siterep Construction Services, Inc. San Dimas, CA $51,413 2 I-Built Contractors, Inc. Walnut, CA $56,500
3 Gentry Brothers, Inc Irwindale, CA No response
Staff reviewed all pertinent bid documents for completeness and concluded that Siterep Construction Services, Inc. is the lowest responsive and responsible bidder to complete the solar lighting project. Siterep Construction Services, Inc. has satisfactorily completed similar projects for the City of Covina including the Hollenbeck Park Pickleball Court Construction Project and the Covina Theater Seating Rail/Restroom Construction Project.

FISCAL IMPACT:

Resolution CC 2024-59 will transfer $56,413 from the General Fund (Account No. 1010-2100-51990) into the Parks CIP Fund (4600-3400-55200-P2207) for the purchase and installation of solar lighting equipment at the Covina Skate Park.

Table 1. SUMMARY OF PROJECT EXPENSES
Description Amount
Base Bid (Siterep Construction Services, Inc) $51,413
Contingency Allowance $5,000
Total Contract Amount $56,413
Total Fiscal Impact $56,413
CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):

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

Respectfully submitted,

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June 24, 2024
City of Covina
Rafael Fajardo
City Engineer
125 East College St.

Covina, CA 91723
RE: Wingate Skate Park – Solar Lights
Dear Mr. Fajardo,
Thank you for the opportunity to provide pricing for the Wingate Skate Park Solar Lighting.

Please note, this is separate from the floor lights we discussed at the grand opening to be installed on the fence. Below is the pricing and attached is the specifications and Installation of 6 EA solar lights with poles, bases, footings, rebar, anchor bolts complete:

TOTAL: $51,413.00
Please let me know if I am to proceed with placing the order.

Sincerely,
Andre Ortiz
President
Siterep Construction Services, Inc.

ATTACHMENT A

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ATTACHMENT B

CITY OF COVINA AGREEMENT FOR

MINOR CONSTRUCTION AND MAINTENANCE SERVICES
This Agreement (“Agreement”) is dated July 16, 2024 (“Effective Date”) and is between the City of Covina, a California municipal corporation (“City”) and Siterep Construction Services, Inc., a California corporation (Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

RECITALS
A. City desires to utilize the services of Contractor as an independent contractor to furnish and install solar lighting at the Covina Skate Park.

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, 2025, unless sooner terminated as provided in Section 14 of this Agreement.

2. Compensation.

A. Cost of Work. For the Work described in Section 3 of this Agreement, Contractor shall receive the sum of exceed Fifty-One Thousand Four Hundred and Thirteen Dollars ($51,413) payable in accordance with the Schedule of Payments, attached hereto and incorporated herein as Exhibit A (Scope of Work). Any terms other than a description of the work to be performed, costs of the work, or the payment schedule contained in Exhibit A is null and void and not a part of this Agreement.

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

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

3. Contractor’s Work.

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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 Andre Ortiz, President (the “Contractor Representative”). The Contractor Representative shall directly manage Contractor’s Work under this Agreement. Contractor shall not change the Contractor Representative without City’s prior written consent.

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

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

E. Personnel. Contractor has, or will secure at its own expense, all personnel required to perform the Work required under this Agreement. All of the Work required under this Agreement shall be performed by Contractor or under its supervision, and all personnel engaged in the work shall be qualified to perform such Work. Contractor shall determine the means, methods, and details by which Contractor’s personnel will perform the Work under this Agreement.

Contractor shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Work and compliance with the customary professional standards.

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

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

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

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

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

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

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

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

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

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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 Five Hundred Dollars ($500.00) per day for each calendar day completion is delayed beyond the time allowed pursuant to Section 3 of this Agreement. Such sum shall be deducted from any payments due to or to become due to Contractor. Contractor will be granted an extension of time and will not be assessed liquidated damages far unforeseeable delays beyond the control of, and without the fault or negligence of, the Contractor including delays caused by City. Within ten (10) calendar days of the occurrence of such delay, Contractor shall give written notice to City. Within thirty (30) calendar days of the occurrence of the delay, Contractor shall provide written documentation sufficient to support its delay claim to City. Contractor's failure to provide such notice and documentation shall constitute Contractor's waiver, discharge, and release of such delay claims against City.

4. Method of Payment.

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

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

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

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

5. Ownership of Documents. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed (“written products”) pursuant to this Agreement shall become the sole property of the City without restriction or limitation upon its use and may

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

6. Independent Contractor.

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

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

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

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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.

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

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

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

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

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

10. Indemnification.

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

City may offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor’s failure to promptly pay to City any reimbursement or indemnification arising under this Subparagraph A. 2). 3) Contractor shall obtain executed indemnity agreements with provisions identical to those in this Section 10 from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this Agreement. If Contractor fails to obtain such indemnity obligations, Contractor shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Liabilities in

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law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Contractor’s subcontractor, its officers, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that Contractor’s subcontractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the parties.

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

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

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

11. Insurance.

A. Minimum Scope and Limits of Insurance. Contractor shall procure and at all times during the term of this Agreement carry, maintain, and keep in full force and effect, insurance as follows:
1) Commercial General Liability Insurance with a minimum limit of Two Million Dollars ($2,000,000) per occurrence for bodily injury, personal injury and property damage and a general aggregate limit of Four Million Dollars ($4,000,000) per project or location.

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

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

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

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

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

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

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

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

I. Evidence of Insurance. Prior to the performance of Work under this Agreement, Contractor shall furnish City’s Risk Manager with a certificate or certificates of insurance and all original endorsements evidencing and effecting the coverages required under this Section 11. The endorsements are subject to City’s approval. Contractor may provide complete, certified copies of

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all required insurance policies to City. Contractor shall maintain current endorsements on file with City’s Risk Manager. Contractor shall provide proof to City’s Risk Manager that insurance policies expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Contractor shall furnish such proof at least two (2) weeks prior to the expiration of the coverages.

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

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

12. Mutual Cooperation.

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

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

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

14. Termination or Suspension of Agreement.

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

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

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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: Andre Ortiz, President
City of Covina Siterep Construction Services, Inc
125 E. College Street 301 E. Arrow Highway, Suite 105
Covina, California 91723 San Dimas, CA 91773

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

City: Contractor:

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City of Covina,
a California municipal corporation
By:

Name: Chris Marcarello
Title: City Manager
ATTEST:

By:

Name: Fabian Velez
Title: Chief Deputy City Clerk
Siterep Construction Services, Inc.
a California Corporation
By:

Name: Andre Ortiz
Title: President
By:

Name: Andre Ortiz
Title: Secretary
(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

SCOPE OF WORK

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EXHIBIT B

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

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

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

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

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

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

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

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

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

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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, 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”), State of California, has awarded to Siterep Construction Services, Inc., 301 E. Arrow Highway, Suite 105, San Dimas, CA 91773 (“Principal”) (Name and address of Contractor)
a contract (the “Contract”) for the Work described as follows:

Covina Skate Park – Purchase and Installation of Solar Lighting (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

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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.

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

Dated:
“Principal”
By:

Its
By:

Its
(Seal)
“Surety”
By:

Its
By:

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

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EXHIBIT D

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

Covina Skate Park – Purchase and Installation of Solar Lighting (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

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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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ATTACHMENT C
RESOLUTION CC 2024-59

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COVINA, CALIFORNIA, TO AMEND THE FISCAL YEAR 2024-2025 OPERATING BUDGET TO REFLECT A TRANSFER OF $56,413 FROM THE GENERAL

FUND INTO THE PARKS CIP FUND FOR THE PURCHASE AND

INSTALLATION OF SOLAR LIGHTING EQUIPMENT AT THE COVINA

SKATE PARK
WHEREAS, the City of Covina is a municipal corporation duly organized and existing pursuant to the Constitution and laws of the State of California (“City”); and WHEREAS, the Fiscal Year 2025 Operating Budget & Capital Improvement Plan (CIP) was approved on June 4, 2024; and
WHEREAS, the approved Operating Budget and Capital Improvement Program budget are in accordance with all applicable ordinances of the City and all applicable statutes of the State; and
WHEREAS, on occasion, the City Council will deem it necessary to amend the Capital Improvement Program Budget to create a budget allocation to facilitate a project the City Council deems necessary and important; and
WHEREAS, those amendments (allocations) to the Budget shall be by approval and memorialized by Resolution of the City Council; and
WHEREAS, the City of Covina wishes to amend the FY 2024-2025 Operating Budget to reflect transfer of $56,413 from the General Fund into the Parks CIP Fund for the purchase and installation of solar lighting equipment at the Covina Skate Park.

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

SECTION 1. Amend the Fiscal Year 2024-2025 Operating Budget as follows:

Account No. Account Description Amount
($)
Increase/Decrease
1010-2100-
51990
GF-Engineering-Other
Professional Fees
($56,413) Decrease
1010-2550-
59140
GF-Park MaintenanceTransfer-CIP$56,413 Increase
4600-3400-
49110-P2207
Parks CIP-Park FacilitiesTransfer In$56,413 Increase
4600-3400-
55200-P2207
Parks CIP-Park FacilitiesImprovements-Not
Buildings/Structures
$56,413 Increase

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Resolution CC 2024-59 Page 2 of 2
SECTION 2. The City Clerk shall certify to the passage and adoption of this resolution and shall enter the same in the Book of Original Resolutions.

APPROVED AND PASSED this 16th day of July, 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 2024-59 was duly adopted by the City Council of the City of Covina at a regular meeting held on the 16th day of July, 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 9
Meeting: July 16, 2024
Title: FY 2024 Police Department Budget Increase Resulting from the 2021 State Homeland Security Grant Funding Award
Presented by: David Povero, Chief of Police
Recommendation: 1. Adopt Resolution CC 2024-61 to increase the Police Department's 2024-25 budget by $85,460 resulting from the 2021 Homeland Security Grant award and

2. Approve the purchase of cyber security equipment and software as well as staff training offered through the reimbursable State of California FY 2021 Homeland Security Grant Program (SHSP) in an amount not to exceed $85,460.

EXECUTIVE SUMMARY:

A Homeland Security grant was established by the State, in part, to provide for the purchase of specialized equipment and staff training to enhance event and incident management and strengthen the ability of Law Enforcement to disrupt, deter, respond to and recover from terrorist acts.

DISCUSSION:

The County of Los Angeles Board of Supervisors accepted the 2021 State Homeland Security Program (SHSP) for the Los Angeles County Operational Area and received requisite State approvals to proceed with the allocation of funds to program recipients, such as Covina. In order to facilitate this effort, the County of Los Angeles requires a formal Sub-recipient Agreement (SRA) with the City of Covina, which outlines the requirements of the grant and provides the guidelines to follow for SHSP reimbursement of eligible expenses of which we have been authorized $85,460 for endpoint detection and response software and cyber security equipment as well staff training. This sub-recipient agreement has been already been fully executed the County of Los Angeles and the City of Covina.

FISCAL IMPACT:

No negative fiscal impact. Approving Resolution CC 2024-61 will increase the Police Department's 2024-25 expenditure budget by $85,460. However, this amount is fully reimbursable under the grant.

CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):

Not applicable.

Respectfully submitted,

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ATTACHMENT A
RESOLUTION CC 2024-61

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

COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, TO INCREASE THE POLICE DEPARTMENT 2024-25 BUDGET BY $85,460 AND

APPROPRIATE SAME DOLLAR AMOUNT TO PURCHASE CYBER

SECURITY EQUIPMENT/SOFTWARE AND STAFF TRAINING FROM A
GRANT AWARD BY THE 2021 CALIFORNIA STATE HOMELAND

SECURITY GRANT PROGRAM (SHSP)
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 was awarded State Homeland Security Grant Program 2021 in the amount of $85,460 for equipment/software and training; and WHEREAS, accepting this award will increase the Police Department’s appropriation by $85,460 and revenue accounts by the same amount; and
WHEREAS, the reallocation of appropriations may be made by the City Manager, amendments (increases/decreases) to the Budget shall be by approval and Resolution of the City Council.

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

SECTION 1. Amend the fiscal year 2024-2025 Police Department Budget as follows:

SECTION 2. The City Clerk shall certify to the passage and adoption of this resolution and shall enter the same in the Book of Original Resolutions.

APPROVED and PASSED this 16th day of July, 2024.

City of Covina, California
BY:

JOHN C. KING, Mayor
Account Number Account Title Current Budget Increase Revised Budget 2278 1130 42035 HSG 21 Homeland Security Grant $ - $85,460 $85,460 2278 1130 55700 HSG 21 Computer Hardware $ - $ 72,500 $ 72,500 2278 1130 53200 HSG 21 Training $ - $ 12,960 $ 12,960

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Resolution CC 2024-61 Page 2 of 2
ATTEST:
___________________________________________
FABIAN VELEZ, Chief Deputy City Clerk

CERTIFICATION
I, Fabian Velez, Chief Deputy City Clerk of the City of Covina, do hereby certify that Resolution CC 2024-61 was duly adopted by the City Council of the City of Covina at a regular meeting held on the 16th day of July, 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 10
Meeting: July 16, 2024
Title: Notice of Termination of Expired Lease Agreement for City-Owned Property at 114 E.

Italia Street
Presented by: Chris Marcarello, City Manager
Angel Carrillo, Deputy City Manager
Brian Lee, Director of Community Development
Recommendation: That the City Council receive and file this report.

EXECUTIVE SUMMARY:

The City owns commercial real property at 114 E. Italia Street (“Property”). Over the years, the City has leased this Property to various operators for use as a restaurant establishment. On April 4, 2023, the City Council authorized a one-year Lease Agreement (“Lease”) for the Property that began on May 1, 2023 and expired on April 30, 2024. Since this time, the Lease has reverted to a month-to-month tenancy and on June 20, 2024, the City issued a notice of lease termination to the existing tenant effective July 31, 2024.

In anticipation of the lease expiration, the City issued a competitive Request for Proposals in April 2024 for prospective restaurant operators that may be interested in the site. It is expected that the City Council will consider a new lease for the property at an upcoming meeting.

BACKGROUND:

On April 17, 2018, the City Council approved the assignment of a lease to The Mena Company (“Tenant”) for the use of City property at 114 E. Italia Street (“Property”) as a restaurant space. As part of the assignment, the City and The Mena Company entered into a new lease agreement for an initial three (3) year period with tenant options to extend the lease for two (2) additional three (3) year periods. In March 2021, the optional three (3) year lease extension for the property was not exercised by the Tenant and in July 2021, the Lease reverted to a monthto-month tenancy for approximately twenty-one (21) months.

During the 2021 to 2023 month-to-month tenancy, the City and Tenant met on several occasions to outline terms for a successor Lease Agreement (“Lease”). As part of these discussions, the parties agreed to add provisions that would ensure the business remained open for lunch and dinner at least five (5) days per week, added language to ensure the rent and utilities would be paid on time, and added terms stipulating that should the Tenant be delivered a notice of default six (6) or more times during the first ten (10) months of the Lease, the Lease would automatically terminate sixty (60) calendar days later. The Tenant also agreed that defaults under the Lease could be cured by the Landlord using any part of their security deposit. In exchange for the inclusion of these terms, the City agreed to forgo a portion of increased rents which were due during the month-to-month tenancy over the previous twenty-one (21) month period. Following these negotiations, the parties agreed to enter into a new Lease for a one-year period, with the inclusion of these additional provisions.

In late-2023 and early-2024, the parties continued to meet and discuss business operations. During these meetings, the City reminded the Tenant that the one-year term would expire in April 2024 and that an open Request for Proposals (“RFP”) process would be completed when entering into a new lease agreement for the property. In May 2024, the Lease reverted to a month-to-month tenancy and on June 20, 2024, notice was provided of the City’s intent to terminate the expired Lease Agreement. This report serves to memorialize these actions.

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FISCAL IMPACT:

Not applicable.

CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):

Not applicable.

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CITY OF COVINA
125 East College Street • Covina, California 91723-2199 www.covmaca.gov

COPY OF LETTER SENT VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED June 19,2024
The MenaCo.
114 E. Italia Street
Covina, CA 91723-2108
Attn: Mr. Raul Mena
Re: Notice of Termination of Expired Lease Agreement ("Lease") dated April 4, 2023 between the City of Covina ("Landlord") and The Mena Co. ( dba "Giovanni's") for 114 E. Italia Street, Covina, California
Dear Mr. Raul Mena Sr.:

Since 2018, the City of Covina ("Landlord") has enjoyed having The Mena Co. (dba "Giovanni's") as a tenant at 114 E. Italia Street. As the City has grown, so too has the popularity ofthe dQwntown.

The demand for commercial space in the downtown has grown rapidly, and the City strives to provide those interested in becoming part of our community a chance to do so through the Request for Proposal process. During this process, interested parties can make a case for why their business is the best fit for tenancy in commercial locations owned by the City.

As you know, the above-referenced Lease between the City and The Mena Co. expired on April 30, 2024 in accordance with Section 1.2 of the attached copy of the Lease and has since become a month-to-month tenancy in accordance with Section 1.27 of the Lease. This Lease expiration triggered the Request for Proposal process for the City-owed 114 E. Italia Street commercial pad.

Three proposals, including yours, were received and evaluated holistically by the City Council. A variety of factors were considered, and ultimately the City has chosen to enter into a lease with a new restaurant operator.

This decision has not been made lightly, and we understand that this may be disappointing to you and the other proposer who were not selected to proceed. Ultimately, this decision was made based on the qualifications and vision presented by the selected operator, and is not a reflecti n of the merit or success of your business and proposal.

Please be advised that per Section 1.26 "Surrender/Restoration" and Section 1.27 "Holding Over" of the Lease, this serves to letter provide you with thirty (30) days' written notice of Lease Termination. The property must be vacated and surrendered to the Landlord by July 31 , 2024. 12923-000 IIJ.77266 1 vI. doc ATTACHMENT A

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Please vacate the leased premises (and remove all personal property) by such date. Details regarding the condition of the property upon the Lease expiration can be found in Section 1.26 and Section 1.13 ofthe Lease.

We have enjoyed your tenancy over the last six years and wish for your continued prosperity in your future endeavors. If you have any questions, please respond (or have your legal counsel respond) in writing to both Candice Lee and Bruce Galloway with the City Attorney's offices by email at [email protected] and [email protected]. Please email Alana Mantilla at [email protected] if you would like to schedule a final inspection prior to your vacating ofthe property.

Sincerely,
Chris Marcarello, City Manager
cc: Candice Lee, Esq.

Bruce Galloway, Esq.

Angel Carrillo, Deputy City Manager
Brian K. Lee, AICP, Director of Community Development
Ms. Alana Mantilla, Economic Development Manager
12923-0001\2772661 vi. doc

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CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. CC 11
Meeting: July 16, 2024
Title: Designating Certain Officials as Individuals Authorized to Execute Applications and Documents for the Purpose of Obtaining Financial Assistance Under Public Law 93-288 (PL 93-288)
Presented by: Anita Agramonte, Administrative Services Director Bessie Zou, Senior Accountant
Recommendation: Adopt Resolution CC 2024-58 designating the Mayor, City Manager, or Administrative Services Deputy Director – Finance as authorized agent to execute applications and documents for the purpose of obtaining financial assistance for disaster relief.

EXECUTIVE SUMMARY/BACKGROUND:

In the event of a natural disaster, damage may result in significant losses to the City of Covina generating the need for financial assistance from State and Federal sources. In order to obtain assistance, one of the required elements is the submission of certain specified documents that have been signed by City officials. Approval of Resolution CC 2024-58 (Attachment A) will designate the Mayor, City Manager, or Administrative Services Deputy Director – Finance as authorized agent for the purpose of executing applications and documents in order to receive reimbursement funds for disaster relief.

FISCAL IMPACT:

The adoption of Resolution CC 2024-58 will allow the City to make applications for State and Federal financial assistance as a result of certain specified disasters. To the extent that financial assistance is received under Public Law 93-288, the Robert T. Stafford Disaster Relief and Emergency Assistance Act and the California Disaster Assistance Act, either a portion or all the funds expended by the City in as disaster could be recovered.

CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):

Not applicable.

Respectfully submitted,

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ATTACHMENT A
RESOLUTION CC 2024-58

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

CALIFORNIA, DESIGNATING AN AGENT FOR THE PURPOSE OF

OBTAINING FINANCIAL ASSISTANCE FOR DISASTER RELIEF
WHEREAS, the State of California, Office of Emergency Services requires that an authorized agent be designated for the purpose of applying for financial assistance, executing specific documents requested by State and Federal agencies pertinent to providing financial assistance, and receiving reimbursement funds for disaster relief.

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

SECTION 1. That the Mayor, City Manager, or Administrative Services Deputy Director - Finance is hereby authorized to execute for and on behalf of the City of Covina, a public entity established under the laws of the State of California, this Designation of Applicant’s Agent Resolution for Non-State Agencies and to file it in the Office of Emergency Services for the purpose of obtaining certain Federal financial assistance under Public Law 93-288 (PL 93-288), as amended by the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1988, and State financial assistance under the California Disaster Assistance Act.

SECTION 2. That the City of Covina, a public entity established under the laws of the State of California, hereby authorizes its agent(s) to provide to the State Office of Emergency Services, for all matters pertaining to such state disaster assistance, the assurances and agreements required.

SECTION 3. The attached Designation of Applicant’s Agent Resolution For Non-State Agencies (Exhibit A) sets forth the title of the City’s Authorized Agent to apply for financial assistance, execute specific documents requested by State and Federal agencies pertinent to providing financial assistance, and receiving reimbursement funds for disaster relief for up to three years upon approval.

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 16th day of July, 2024.

City of Covina, California
BY:

JOHN C. KING, Mayor

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Resolution CC 2024-58 Page 2 of 2
ATTEST:

FABIAN VELEZ, Chief Deputy City Clerk

CERTIFICATION
I, Fabian Velez, Chief Deputy City Clerk of the City of Covina, do hereby certify that Resolution CC 2024-58 was duly adopted by the City Council of the City of Covina at a regular meeting held on the 16th day of July, 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 CC 2024-58 Exhibit A
Exhibit A to Resolution CC 2024-58
Designation of Applicant’s Agent Resolution Non-State Agencies

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DESIGNATION OF APPLICANT'S AGENT RESOLUTION FOR NON-STATE AGENCIES

BE IT RESOLVED BY THE OF THE
(Governing Body) (Name of Applicant)

THAT , OR
(Title of Authorized Agent)
, OR
(Title of Authorized Agent)
(Title of Authorized Agent)
is hereby authorized to execute for and on behalf of the , (Name of Applicant)
a public entity established under the laws of the State of California, this application and to file it with the California Governor’s Office of Emergency Services for the purpose of obtaining federal financial assistance for any existing or future grant program, including, but not limited to any of the following:
- Federally declared Disaster (DR), Fire Mitigation Assistance Grant (FMAG), California State Only Disaster (CDAA), Immediate Services Program (ISP), Hazard Mitigation Grant Program (HMGP), Building Resilient Infrastructure and Communities (BRIC), Legislative Pre-Disaster Mitigation Program (LPDM), under - Public Law 93-288 as amended by the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1988, and/or state financial assistance under the California Disaster Assistance Act.
- Flood Mitigation Assistance Program (FMA), under Section 1366 of the National Flood Insurance Act of 1968.
- National Earthquake Hazards Reduction Program (NEHRP) 42 U.S. Code 7704 (b) ((2) (A) (ix) and 42 U.S. Code 7704 (b) (2) (B) National Earthquake Hazards Reduction Program, and also The Consolidated Appropriations Act, 2018, Div. F, Department of Homeland Security Appropriations Act, 2018, Pub. L. No. 115-141 - California Early Earthquake Warning (CEEW) under CA Gov Code – Gov, Title 2, Div. 1, Chapter 7, Article 5, Sections 8587.8, 8587.11, 8587.12 That the , a public entity established under the
(Name of Applicant)
laws of the State of California, hereby authorizes its agent(s) to provide to the Governor’s Office of Emergency Services for all matters pertaining to such state disaster assistance the assurances and agreements required.

STATE OF CALIFORNIA

CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES

DESIGNATION OF APPLICANT'S AGENT RESOLUTION

NON-STATE AGENCIES
OES-FPD-130 (Rev. 10-2022)

RECOVERY DIRECTORATE

FINANCIAL PROCESSING DIVISION
Cal OES ID No: _____________
Rev. 10-2022 Page 1 of 4 OES-FPD-130 037-16742 City Council City of Covina City of Covina City of Covina Mayor City Manager Administrative Services Deputy Director-Finance

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Please check the appropriate box below
This is a universal resolution and is effective for all open and future disasters/grants declared up to three (3) years following the date of approval.

This is a disaster/grant specific resolution and is effective for only disaster/grant number(s):

Passed and approved this __day of , 20
(Name and Title of Governing Body Representative)
(Name and Title of Governing Body Representative)
(Name and Title of Governing Body Representative)

CERTIFICATION
I, , duly appointed and of
(Name) (Title)
, do hereby certify that the above is a true and
(Name of Applicant)
correct copy of a resolution passed and approved by the (Governing Body)
of the on the day of , 20 .
(Name of Applicant)
(Signature) (Title)

STATE OF CALIFORNIA

CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES

DESIGNATION OF APPLICANT'S AGENT RESOLUTION

NON-STATE AGENCIES
OES-FPD-130 (Rev. 10-2022)

RECOVERY DIRECTORATE

FINANCIAL PROCESSING DIVISION
Rev. 10-2022 Page 2 of 4 OES-FPD-130
City Council
City of Covina City of Covina ✔
16 July 24 Fabian Velez Chief Deputy City Clerk Chief Deputy City Clerk 16th July 24

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Cal OES Form 130 Instructions
A Designation of Applicant’s Agent Resolution for Non-State Agencies is required of all Applicants to be eligible to receive funding. A new resolution must be submitted if a previously submitted resolution is older than three (3) years from the last date of approval, is invalid, or has not been submitted.

When completing the Cal OES Form 130, Applicants should fill in the blanks on pages 1 and 2. The blanks are to be filled in as follows:

Resolution Section:

Governing Body: This is the group responsible for appointing and approving the Authorized Agents.

Examples include: Board of Directors, City Council, Board of Supervisors, Board of Education, etc.

Name of Applicant: The public entity established under the laws of the State of California.

Examples include: School District, Office of Education, City, County or Non-profit agency that has applied for the grant, such as: City of San Diego, Sacramento County, Burbank Unified School District, Napa County Office of Education, University Southern California.

Authorized Agent: These are the individuals that are authorized by the Governing Body to engage with the Federal Emergency Management Agency and the California Governor’s Office of Emergency Services regarding grants for which they have applied.

There are two ways of completing this section:

1. Titles Only: The titles of the Authorized Agents should be entered here, not their names. This allows the document to remain valid if an Authorized Agent leaves the position and is replaced by another individual. If “Titles Only” is the chosen method, this document must be accompanied by either a cover letter naming the Authorized Agents by name and title, or the Cal OES AA Names document. The supporting document can be completed by any authorized person within the Agency (e.g., administrative assistant, the Authorized Agent, secretary to the Director). It does not require the Governing Body’s signature.

2. Names and Titles: If the Governing Body so chooses, the names and titles of the Authorized Agents would be listed. A new Cal OES Form 130 will be required if any of the Authorized Agents are replaced, leave the position listed on the document, or their title changes.

STATE OF CALIFORNIA

CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES

DESIGNATION OF APPLICANT'S AGENT RESOLUTION

NON-STATE AGENCIES
OES-FPD-130 (Rev. 10-2022)

RECOVERY DIRECTORATE

FINANCIAL PROCESSING DIVISION
Rev. 10-2022 OES-FPD-130 Page 3 of 4

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Checking Universal or Disaster-Specific Box: A Universal resolution is effective for all past disasters and for those declared up to three (3) years following the date of approval. Upon expiration it is no longer effective for new disasters, but it remains in effect for disasters declared prior to expiration. It remains effective until the disaster goes through closeout unless it is superseded by a newer resolution.

Governing Body Representative: These are the names and titles of the approving Board Members.

Examples include: Chairman of the Board, Director, Superintendent, etc. The names and titles cannot be one of the designated Authorized Agents. A minimum of three (3) approving board members must be listed. If less than three are present, meeting minutes must be attached in order to verify a quorum was met.

Certification Section:

Name and Title: This is the individual in attendance who recorded the creation and approval of this resolution.

Examples include: City Clerk, Secretary to the Board of Directors, County Clerk, etc. This person cannot be one of the designated Authorized Agents or Approving Board Member. If a person holds two positions (such as City Manager and Secretary to the Board) and the City Manager is to be listed as an Authorized Agent, then that person could sign the document as Secretary to the Board (not City Manager) to eliminate “Self-Certification.”

STATE OF CALIFORNIA

CALIFORNIA GOVERNOR'S OFFICE OF EMERGENCY SERVICES

DESIGNATION OF APPLICANT'S AGENT RESOLUTION

NON-STATE AGENCIES
OES-FPD-130 (Rev. 10-2022)

RECOVERY DIRECTORATE

FINANCIAL PROCESSING DIVISION
Rev. 10-2022 Page 4 of 4 OES-FPD-130

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CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. CC 12
Meeting: July 16, 2024
Title: Award Minor Construction & Maintenance Services Agreement to Air On Time, Co. for HVAC Unit Replacements at the Public Works Yard
Presented by: Rafael M. Fajardo, Interim Director of Public Works/City Engineer Recommendation: Award Minor Construction & Maintenance Services Agreement for the Public Works Yard HVAC Replacement to Air On Time, Co. in the amount of $33,200, and authorize the City Manager to execute the agreement.

EXECUTIVE SUMMARY:

The City’s Public Works Yard, located at 534 North Barranca Avenue, houses 75% of the Public Works Department’s ten divisions. In an effort to maintain the integrity of pertinent building structures and provide suitable working conditions for City staff, the Public Works Department recently completed significant improvements at the Public Works Yard including the repair of roofing systems pertaining to the Administrative and General Maintenance Buildings. Additionally, City staff is proposing to replace the Heating, Ventilation and Air Conditioning (HVAC) units within these same buildings in order to restore full functionality to deteriorating components that have reached the end of their useful life.

DISCUSSION:

The existing HVAC units at the Public Works Yard Administration Building are rapidly deteriorating, requiring more frequent repairs during the past several months to temporarily address system failures. As a result, City staff are prone to uncomfortable working conditions during inclement weather and the Building Maintenance Operating Budget is being unnecessarily consumed by ineffective quick fixes. At this juncture, staff finds it necessary to replace rather than continue repairing the existing HVAC units servicing the Yard’s Administration Building in order to alleviate these stressors and provide a long-term, cost-effective solution for City coffers and Public Works staff, respectively.

Moreover, City staff recommends an award of a Minor Construction & Maintenance Service Agreement to Air On Time, Co. for the HVAC Unit Replacements at the Public Works Yard, Administration Building. The Department of Public Works requested informal proposals from three (3) professional and licensed HVAC firms and received the following proposals:

Rank Consultant Location Amount
1 Air On Time, Co Azusa, CA $33,200.00
2 Air-Bree Heating & A/C Inc. La Puente, CA No Response 3 Control Air Enterprises, LLC Anaheim, CA No Response
Staff reviewed the proposals received as well as the consultants’ background for competency. Staff determined that Air On Time, Co. is the successful low bidder based on similar projects completed for other private and public agencies.

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FISCAL IMPACT:

The Fiscal Year 2024-2025 Budget was approved and adopted at the June 4, 2024 City Council Meeting. Funding in the amount of $365,000 was allocated within the Public Works Department’s FY24-25 Building Maintenance Operating Budget (Account No. 70206100-52400).

CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):

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

Respectfully submitted,

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PROPOSAL
DATE
7/3/2024
CONTRACT NO.
4480-A

CUSTOMER
City Of Covina
Attn. Frank Cisneros
Air On Time Co.
16568 E. Newburgh St.

Azusa, CA 91702
1-626 633-3888
C-20 Lic.# 867863
Signature TOTAL
Customer Contact
Date _______________

DESCRIPTION TOTAL
Job Site: 534 N. Barranca St. Covina Ca,
Proposed Scope of Work:

Replace three roof top units with three new 4 Ton units.

The proposal includes the following:
-Detach the existing systems from the return and supply plenums located on the roof. -Lowering the 3 units with a crane and removing the systems from the job site. -Three new flat roof curbs will be installed onto the roof to set the new systems onto a manufacture designed platform. (Curbs come with a wood nailer to allow the roofers to roof curb into existing roof membrane.) -Three new systems will be place onto the new flat curbs using a crane. -Existing supply and return plenums will be adapted to the new system using sheet metal transitions. -Existing power supply will be reconnected onto the new units and new 3 phase fuse boxes will be installed to improve serviceability.
-Existing thermostat wire will be reconnected to the new units. -Condensation drain lines will be reconnected to the new units. (Copper drain lines). -A new air duct will be ran to the men's restroom given that the restroom doesn't have an existing supply vent.

Option 1:

Proposed Equipment:

Brand: American Standard/Trane
Model# 4WCY4048A3000C
Description: 4 Ton Heatpump Package Unit
Voltage: 208/230V 3 Phase
Manufacture Warranty: 5 Year
Notes: Roofing is not included in this bid and would need to be completed by a separate contractor. City Permit fees and HERS rating fees are not included.
33,200.00
_____________________________________
By signing, you hereby further acknowledge that the payment for services rendered is due upon completion of work. If payment is not received upon completion of work which is the subject of this agreement, a Mechanicals Lien will be recorded with the County in which the subject real property is located pursuant to the requirement of California law and you shall be responsible for all costs for a late fee equal to eighteen percent (18%) of the total amount due.
$33200.00

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ATTACHMENT A

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CITY OF COVINA AGREEMENT FOR

MINOR CONSTRUCTION AND MAINTENANCE SERVICES
This Agreement (“Agreement”) is dated July 16, 2024 (“Effective Date”) and is between the City of Covina, a California municipal corporation (“City”) and Air On Time, Co., a California corporation (Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

RECITALS
A. City desires to utilize the services of Contractor as an independent contractor to perform/provide HVAC Unit Replacements at the Public Works Yard, Administration Building.

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

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

The parties therefore agree as follows:

1. Term of Agreement. The term of this Agreement shall be from the Effective Date through December 31, 2024 unless sooner terminated as provided in Section 14 of this Agreement. In no event shall the contract be extended beyond December 31, 2024.

2. Compensation.

A. Cost of Work. For the Work described in Section 3 of this Agreement, Contractor shall receive the sum of exceed Thirty-Three Thousand Two Hundred Dollars ($33,200) 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.

3. Contractor’s Work.

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ATTACHMENT B
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.

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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.

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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.

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.

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Covina City CouncilJuly 16, 2024

Covina City Council
July 16, 2024