CITY COUNCIL/SUCCESSOR AGENCY TO THE COVINA
REDEVELOPMENT AGENCY/COVINA PUBLIC FINANCING
AUTHORITY/COVINA HOUSING AUTHORITY JOINT MEETING
AGENDA
Tuesday, August 20, 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 - 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 Councilmember Cortez.
INVOCATION
Given by Police Chaplain Chuck Cannizzaro
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 7
Staff Recommendation:
Approve the Minutes of the July 16, 2024, Special Meeting of the City Council/Successor Agency to the Covina Redevelopment Agency/Covina Public Financing Authority/Housing Authority.
CC 2. Minutes 11
Staff Recommendation:
Approve the Minutes of the July 16, 2024, Special Meeting of the City Council/Successor Agency to the Covina Redevelopment Agency/Covina Public Financing Authority/Housing Authority.
CC 3. Minutes 15
Staff Recommendation:
Approve the Minutes of the July 16, 2024, Regular Meeting of the City
Council/Successor Agency to the Covina Redevelopment Agency/Covina Public Financing Authority/Housing Authority.
CC 4. Payment of Demands 27
Staff Recommendation:
Approve Payment of Demands in the amount of $11,963,283.38.
CC 5. City of Covina Investment Report for Month Ended June 30, 2024 41 Staff Recommendation:
Receive and File.
CC 6. Frontage Median Bioswale Installation Project – Project No. P2502 – Award of Contract to Siterep Construction Services, Inc. in the Amount of $174,010
59 Staff Recommendation:
Approve plans and specifications for the Frontage Median Bioswale Installation Project;
1. Award a contract for the Frontage Median Bioswale Installation Project – Project P2502 to Siterep Construction Services, Inc. as the lowest responsive and responsible bidder in the amount of $174,010 and authorize the City Manager to execute the contract;
2. Award a Professional Services Agreement to CEJ Engineers, Inc for $24,960 for Construction Management & Inspection Services and authorize the City Manager to execute the contract; and
3. Authorize a project contingency amount of $17,401 to cover the cost of unforeseen construction expenses.
4. CC 7. Tactical Entry Vest Replacement 107
Staff Recommendation:
1. Approve the Purchase of Tactical Vest in the amount of $64,403; and Approve the waiving of competitive bid/purchasing requirements under Municipal Code 2.20.080.
2. CC 8. Traffic Signal Installation Project – 4th Avenue and Badillo Street – Project No. T2501 – Award of Contract to PTM General Engineering Services, Inc. for an Amount of $746,046
109
Staff Recommendation:
Approve plans and specifications for the Traffic Signal Installation Project – 4th Avenue and Badillo Street – Project No. T2501;
1. Award a contract for the Traffic Signal Installation Project – 4th Avenue and Badillo Street – Project No. T2501 to PTM General Engineering Services, Inc. as the lowest responsive and responsible bidder in an amount of $746,046 and authorize the City Manager to execute the contract;
2. Authorize project contingency amount of $75,000 for any unforeseen construction expenses; and
3. Approve a Professional Services Agreement (PSA) between the City of Covina and Siterep, Inc for Construction Management and Inspection Services and authorize the City Manager to execute the PSA.
4.
CC 9. Adoption of Ordinance 24-08 171
Staff Recommendation:
Adopt 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”.
CC 10. Restaurant Lease Agreement – 114 E. Italia Street 177 Staff Recommendation:
That the City Council:
Approve a lease agreement with Union Restaurant Group for the operation of a restaurant at 114 E. Italia Street; and
1. 2. Authorize the City Manager to execute the agreement.
CC 11. Covina Park Improvements Project – Project No. P2005 – Award of Contract to Gentry Brothers, Inc. in the Amount of $149,500 203
Staff Recommendation:
Award a contract for the Covina Park Improvement Project – Project No. P2005 to Gentry Brothers, Inc. as the lowest responsive bidder in the amount of $149,500 and authorize the City Manager to execute the contract; and
1. Authorize a project contingency amount of $15,000 to cover the cost of unforeseen construction expenses.
2. CC 12. Department of Public Works – Water Division – Purchase Agreement for (1) 2024 Ford Super Duty F-250 Truck
215
Staff Recommendation:
Authorize the City Manager to execute a Purchase Agreement with National Auto Fleet Group for the purchase of one (1) 2024 Ford Super Duty F-250 Truck in an amount not-to-exceed $75,000.
CC 13. City-Wide Alleyway Resurfacing Project – Project No. P2501 – Award of Contract to FS Contractors, Inc. in the Amount of $60,000 227
Staff Recommendation:
Approve plans and specifications for the City-Wide Alleyway Resurfacing Project – Project No. P2501;
1. Award a contract for the City-Wide Alleyway Resurfacing Project – Project No. P2501 to FS Contractors, Inc. as the lowest responsive and responsible bidder in the amount of $60,000 and authorize the City Manager to execute the contract;
2. Award a Professional Services Agreement (PSA) between the City of Covina and CEJ Engineers, Inc. in an Amount not-to-exceed $24,080 for Construction Management and Inspection Services and authorize the City Manager to execute the contract; and
3. Authorize a project contingency amount of $6,000 (approximately 10%) to cover the cost of unforeseen construction expenses.
4. 275
CC 14. Street Residential Resurfacing Project – Project No. P2405 – Final Acceptance and Filing Notice of Completion
Staff Recommendation:
1. Accept the work performed by Gentry Brothers, Inc; and Authorize the City Clerk to file a Notice of Completion for the Street Residential Resurfacing Project – Project No. P2405.
2. CC 15. Amendment No. 1 to the Maintenance Agreement and Software License Agreement Between the City of Covina and Aclara Technologies LLC 279
Staff Recommendation:
Authorize the City Manager to Execute Amendment No. 1 to the Maintenance Agreement and Software License Agreement between the City of Covina and Aclara Technologies LLC
CC 16. Resolution CC 2024-72 Accepting an Easement and Offer of Dedication for Public Purposes Associated with the Development of Property at 244 E.
College Street
299
Staff Recommendation:
Adopt Resolution CC 2024-72 accepting an easement and offer of dedication for public purposes associated with the development of property at 244 E. College Street.
CC 17. Request to Amend the City’s Classification Plan and Reorganize the Administrative Services Department and City Clerk’s Office 309
Staff Recommendation:
That the City Council adopt Resolution CC 2024-80 to establish and amend the City’s Classification Plan and establish job descriptions and salary ranges for the classifications of Director of Finance, Human Resources Manager and Deputy City Clerk/Records Manager within the Unaffiliated and Executive Compensation Rules.
CC 18. Resolutions Relating to the Annexation of Territory to CFD 2007-1, Declaring Intention to Authorize Annexation, Adopting Boundary Map, & Setting the Public Hearing Date for October 15, 2024 (831 N. Sunflower Avenue, Covina/Annexation 34)
371
Staff Recommendation:
Adopt City Resolution CC 2024-76, declaring intention to authorize the annexation of territory to Community Facilities District (CFD) No. 2007-1 (Public Services); and
1. Adopt City Resolution CC 2024-77, adopting boundary map showing territory proposed to be annexed in the future to Community Facilities District No. 2007-1 (Public Services).
2. CC 19. Upholding & Sustaining the City of Covina Cannabis Evaluation Committee’s Decision to Reject OTC Covina LLC’s Proposal as Non-responsive and Ineligible to Continue in Cannabis Business RFP Evaluation Process and Finding the Action Exempt from CEQA
387
Staff Recommendation:
That the City Council adopt Resolution CC 2024-74 upholding and sustaining the City of Covina Cannabis Evaluation Committee’s decision to reject OTC
Covina LLC’s proposal as non-responsive and ineligible to continue in Cannabis Business RFP evaluation process and finding the action exempt from the California Environmental Quality Act (CEQA).
CC 20. Sustaining the City of Covina Cannabis Evaluation Committee's Decision to Reject Infinity Assets Covina LLC's Proposal as Non-responsive and Ineligible to Continue in Cannabis Business Evaluation RFP and Finding the Action Exempt from CEQA
393
Staff Recommendation:
That the City Council adopt Resolution CC 2024-75 upholding and sustaining the City of Covina Cannabis Evaluation Committee’s decision to reject Element 7/Infinity Assets Covina LLC’s proposal as non-responsive and ineligible to continue in Cannabis Business RFP evaluation process and finding the action exempt from the California Environmental Quality Act (CEQA).
CC 21. Amending Designated Authorized Signers on City’s Various City & Successor Agency Accounts & Authorizing Investment of City & Successor Agency Monies in the LAIF & Designating Officers Authorized to Order the Deposit or Withdrawal of Monies in LAIF
399
Staff Recommendation:
Adopt Resolution CC 2024-78 and Successor Agency Resolution SA 2024-03, Resolutions of the City Council of the City of Covina for an Amendment to Designate Authorized Signers on the City’s Various City and Successor Agency Accounts with BMO Bank, effective August 20, 2024; and
1. Adopt City of Covina Resolution CC 2024-79 and Successor Agency Resolution SA 2024-04 Authorizing Investment of Monies in the Local Agency Investment Fund (LAIF) and Designating Officers Authorized to Order the Deposit or Withdrawal of Monies in LAIF, effective August 20, 2024.
2. CONTINUED PUBLIC HEARINGS
CPH 1. Continued Public Hearing for Entitlement Applications for a Proposed Avid Hotel Development at 578 N. Azusa Avenue
409
Staff Recommendation:
City Council approval of Initial Study/Mitigated Negative Declaration (IS/MND) with Mitigation Monitoring and Reporting Programs (MMRPs) as adequately prepared in accordance with the California Environmental Quality Act (CEQA), Planned Community Development (PCD)21-2, Tentative Parcel Map No. 84397, Conditional Use Permit (CUP)21-29, and Site Plan Review (SPR)21-160, to allow for the development of a hotel use and alley relocation, for the property located at 578 N. Azusa Avenue (APNs 8432-006-015 and 8432-006-017).
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 September 3, 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.
1 CITY COUNCIL/SUCCESSOR AGENCY TO THE COVINA REDEVELOPMENT
AGENCY/COVINA PUBLIC FINANCING AUTHORITY/COVINA HOUSING
AUTHORITY SPECIAL JOINT MEETING
MINUTES
July 16, 2024, 5:00 p.m.
125 E. College Street, Covina, California
Council Chamber of City Hall
Councilmembers Present: Councilmember Patricia Cortez
Mayor Pro Tem/Vice-Chair Victor Linares
Mayor/Chair John C. King
Councilmembers Absent: Councilmember Walter Allen, III
Councilmember Hector Delgado
Staff Present: City Clerk Drew Aleman (Elected Member)
City Manager Chris Marcarello
City Attorney Candice K. Lee
Police Chief David Povero
Community Development Director Brian Lee
Deputy City Manager Angel Carrillo
_____________________________________________________________________
2 CALL TO ORDER
Mayor King called the Council/Agency/Authority special meeting to order at 5:03 p.m. with Councilmember Cortez, Mayor Pro Tem Linares, and Mayor King present.
ROLL CALL
PUBLIC COMMENTS
There were no public comments.
NEW BUSINESS
City Council Consideration of Appeal by Off the Charts Covina LLC at 906-908 Arrow Hwy., Covina, CA Related to the Rejection of its Proposal Under RFP 2023- 02 – Establishment of a Commercial Cannabis Retail or Microbusiness Staff Recommendation:
1. Open the Appeal Hearing, Receive Public Testimony and Close the Hearing;
2. Make finding that the appeal is exempt under the California Environmental Quality Act (“CEQA”);
3. Consider the appeal of the City’s Cannabis Evaluation Committee’s rejection of the application by Off the Charts Covina at 906-908 Arrow Hwy., Covina, CA under RFP 2023-02, with the following options:
A. If the City Council agrees with the decision of the City’s Cannabis Evaluation Committee, then sustain its decision.
B. If the City Council can make the findings to support the appeal, then reverse the City’s Cannabis Evaluation Committee’s decision and authorize Off the Charts Covina LLC to continue under the RFP evaluation process.
Mayor King opened the appeal hearing.
The staff report and presentation were provided by City Manager Marcarello and Consultants Michael Busch and Chris Harrison of Urban Futures, Inc.
City staff confirmed the submission of evidence presented for the City and the City Council confirmed there was no ex parte communication with the matter before them to disclose.
The applicant representative provided the testimony on behalf of Off the Charts Covina LLC.
The applicant representative confirmed the submission of evidence presented for Off the Charts Covina LLC.
There were no public comments and the applicant declined rebuttal time.
Questions from the City Council included where the language requiring a representative could be found, how applicants were made aware of the requirement, and when applicants were informed of the requirement.
Mayor King closed the appeal hearing.
3 Motion made by: Mayor Pro Tem Linares
Seconded by: Councilmember Cortez
The City Council:
1. Sustained the decision of the City’s Cannabis Evaluation Committee;
2. Directed staff to bring forward a resolution to the August 20, 2024 City Council meeting to memorialize the decision; and
3. Made finding that the appeal is exempt under the California Environmental Quality Act (“CEQA”).
Approved (3 to 0); Allen & Delgado Absent
ADJOURNMENT
At 5:49 p.m., the Covina City Council/Successor Agency to the Covina Redevelopment Agency/Covina Public Financing Authority/Covina Housing Authority adjourned to its next special meeting of the Council/Agency/Authority scheduled for Tuesday, July 16, 2024, at 6:15 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
1 CITY COUNCIL/SUCCESSOR AGENCY TO THE COVINA REDEVELOPMENT
AGENCY/COVINA PUBLIC FINANCING AUTHORITY/COVINA HOUSING
AUTHORITY SPECIAL JOINT MEETING
MINUTES
July 16, 2024, 6:15 p.m.
125 E. College Street, Covina, California
Council Chamber of City Hall
Councilmembers Present: Councilmember Patricia Cortez
Mayor Pro Tem/Vice-Chair Victor Linares
Mayor/Chair John C. King
Councilmembers Absent: Councilmember Walter Allen, III
Councilmember Hector Delgado
Staff Present: City Clerk Drew Aleman (Elected Member)
City Manager Chris Marcarello
City Attorney Candice K. Lee
Police Chief David Povero
Community Development Director Brian Lee
Deputy City Manager Angel Carrillo
_____________________________________________________________________
2 CALL TO ORDER
Mayor King called the Council/Agency/Authority special meeting to order at 6:16 p.m. with Councilmember Cortez, Mayor Pro Tem Linares, and Mayor King present.
ROLL CALL
PUBLIC COMMENTS
There were no public comments.
NEW BUSINESS
City Council Consideration of Appeal by Element 7/Infinity Assets Covina LLC at 678 S. Citrus Avenue, Covina, CA Related to the Rejection of its Proposal Under RFP 2023-02 – Establishment of a Commercial Cannabis Retail or Microbusiness Staff Recommendation:
1. Open the Appeal Hearing, Receive Public Testimony and Close the Hearing;
2. Make finding that the appeal is exempt under the California Environmental Quality Act (“CEQA”);
3. Consider the appeal of the City’s Cannabis Evaluation Committee’s rejection of the application by Element 7/Infinity Assets Covina LLC at (678 S. Citrus Avenue, Covina, CA) under RFP 2023-02, with the following options:
A. If the City Council agrees with the decision of the City’s Cannabis Evaluation Committee, then sustain its decision.
B. If the City Council can make the findings to support the appeal, then reverse the City’s Cannabis Evaluation Committee’s decision and authorize Element 7/Infinity Assets Covina LLC to continue under the RFP evaluation process.
Mayor King opened the appeal hearing.
The staff report and presentation were provided by City Manager Marcarello and Consultants Michael Busch and Chris Harrison of Urban Futures, Inc.
City staff confirmed the submission of evidence presented for the City and the City Council confirmed there was no ex parte communication with the matter before them to disclose.
Applicant representative Chris Hester provided the testimony on behalf of Element 7/Infinity Assets. In response to an inquiry from Councilmember Cortez, Applicant representative Hester confirmed that Element 7/Infinity Assets had completed multiple applications for cannabis retail businesses.
Applicant representative Hester confirmed the submission of evidence presented for Element 7/ Infinity Assets.
There were no public comments.
3 Gina Sadie of Element 7/Infinity Assets also provided comments in support of Element 7/Infinity Assets.
Mayor King closed the appeal hearing.
Motion made by: Councilmember Cortez
Seconded by: Mayor Pro Tem Linares
1. The City Council sustained the decision of the City’s Cannabis Evaluation Committee;
2. Direct staff to bring forward a resolution to the August 20, 2024 City Council meeting to memorialize the decision; and
3. Made finding that the appeal is exempt under the California Environmental Quality Act (“CEQA”).
Approved (3 to 0); Allen & Delgado Absent
ADJOURNMENT
At 6:55 p.m., the Covina City Council/Successor Agency to the Covina Redevelopment Agency/Covina Public Financing Authority/Covina Housing Authority adjourned to its next regular meeting of the Council/Agency/Authority scheduled for Tuesday, July 16, 2024, at 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
1 CITY COUNCIL/SUCCESSOR AGENCY TO THE COVINA REDEVELOPMENT
AGENCY/COVINA PUBLIC FINANCING AUTHORITY/COVINA HOUSING
AUTHORITY JOINT MEETING
MINUTES
July 16, 2024, 7:30 p.m.
125 E. College Street, Covina, California
Council Chamber of City Hall
Councilmembers Present: Councilmember Patricia Cortez
Mayor Pro Tem/Vice-Chair Victor Linares
Mayor/Chair John C. King
Councilmembers Absent: Councilmember Walter Allen, III
Councilmember Hector Delgado
Staff Present: City Clerk Drew Aleman (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: City Treasurer Neil Polzin (Elected Member) Administrative Services Director Anita Agramonte
_____________________________________________________________________
2 CLOSED SESSION
CLOSED SESSION - WAS NOT HELD
JOINT MEETING—OPEN SESSION 7:30 PM
CALL TO ORDER
Mayor King called the Council/Agency/Authority meeting to order at 7:33 p.m. with Councilmember Cortez, Mayor Pro Tem Linares, and Mayor King present.
ROLL CALL
PLEDGE OF ALLEGIANCE
Led by Mayor King.
INVOCATION
Given by Police Chaplain Ron Butler.
PUBLIC COMMENTS
Dora Gomez provided information regarding Project 29:11's Summer Cool Down event and food bank and thanked the City for their support. She also informed the community of the Back to School Blast event being held on August 9 at Luminate Church, where food and school supplies will be provided to those in need, as well as the Turkey Giveaway being held on Tuesday, November 26, and Community Christmas Party being held on December 14. Ms. Gomez thanked the City, Police Department, and Fire Department for their continued support and noted that Project 29:11 is always looking for additional support.
COUNCIL/AGENCY/AUTHORITY COMMENTS
Mayor Pro Tem Linares sent his regards to the Truax family for the passing of Former Covina Mayor and Police Chaplain Dave Truax. He noted how Former Mayor Truax would spend many hours unselfishly looking out for the community and always tried to bring positivity.
Councilmember Cortez echoed Mayor Pro Tem Linares' condolences and respect for the Truax family. Councilmember Cortez also invited the community to participate in the Covina Kiwanis Club and Covina Sunrise Rotary Club's joint Stuff the School Bus event, taking place from 8:00 a.m. to 4:00 p.m. at the Covina Walmart Supercenter, where school supplies will be collected for students in Covina Valley Unified School District. She also mentioned that in August the Clubs will be giving away backpacks, haircuts, and shoes for students.
Mayor King reminded the community of the Covina Summer Concert Series at the Park and mentioned that the Flux Capacitors will be performing on July 22 and the Dreamboats will be performing on July 29. He also noted that Family Night will take place at Covina Park on July 17.
Mayor King sent thoughts and prayers to the Truax family and recalled a story that highlighted Former Mayor Truax's place in being able to gain the trust of individuals experiencing homelessness in the community
CITY MANAGER COMMENTS
3 City Manager Marcarello noted that an updated attachment for Consent Calendar item CC 24 has been provided for consideration and that, pursuant to SB 1436, the same item includes updates to compensation for the City's executive group including a cost of living adjustment afforded to every other City bargaining group, benefits increases, the addition of Juneteenth as a holiday, and a 1% increase to education incentive pay.
CONSENT CALENDAR PUBLIC COMMENTS
There were no public comments.
CONSENT CALENDAR
Mayor King highlighted Consent Calendar items: CC 3 & 15, relating to the Covina Recreation Village Project Phase I and beginning construction on an indoor gym, new offices for the Parks & Recreation Department, and an indoor rock climbing facility; CC 6, using Park development impact fees to add new basketball courts and fitness stations with the construction of a new walking trail at Hollenbeck Park; CC 8, adding six solar lights to the recently opened Covina Skate Park; and CC 9 & 22, accepting grant funding for the Police Department to enhance cybersecurity programs and authorizing participation in the Regional Homeless Outreach Team.
CC 1. Minutes
Motion made by: Mayor Pro Tem Linares
Seconded by: Councilmember Cortez
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.
Approved (3 to 0); Allen & Delgado Absent
CC 2. Payment of Demands
Motion made by: Mayor Pro Tem Linares
Seconded by: Councilmember Cortez
Approve Payment of Demands in the amount of $2,993,361.85.
Approved (3 to 0); Allen & Delgado Absent
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
Motion made by: Mayor Pro Tem Linares
Seconded by: Councilmember Cortez
Authorize the City Manager to enter into a Professional Services Agreement with El Dorado Climbing with a compensation amount not to exceed $160,000.
Approved (3 to 0); Allen & Delgado Absent
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
4 Motion made by: Mayor Pro Tem Linares
Seconded by: Councilmember Cortez
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.
Approved (3 to 0); Allen & Delgado Absent
CC 5. Covina Skate Park Project – Project No. P2207 – Final Acceptance and Filing Notice of Completion
Motion made by: Mayor Pro Tem Linares
Seconded by: Councilmember Cortez
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.
Approved (3 to 0); Allen & Delgado Absent
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
Motion made by: Mayor Pro Tem Linares
Seconded by: Councilmember Cortez
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.
Approved (3 to 0); Allen & Delgado Absent
CC 7. Professional Services Agreement with Robert Half
Motion made by: Mayor Pro Tem Linares
Seconded by: Councilmember Cortez
Approve Professional Services Agreement with Robert Half.
Approved (3 to 0); Allen & Delgado Absent
CC 8. Covina Skate Park – Purchase and Installation of Solar Lighting Motion made by: Mayor Pro Tem Linares
Seconded by: Councilmember Cortez
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
5 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.
Approved (3 to 0); Allen & Delgado Absent
CC 9. FY 2024 Police Department Budget Increase Resulting from the 2021 State Homeland Security Grant Funding Award
Motion made by: Mayor Pro Tem Linares
Seconded by: Councilmember Cortez
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.
Approved (3 to 0); Allen & Delgado Absent
CC 10. Notice of Termination of Expired Lease Agreement for City-Owned Property at 114 E. Italia Street
Motion made by: Mayor Pro Tem Linares
Seconded by: Councilmember Cortez
That the City Council receive and file this report.
Approved (3 to 0); Allen & Delgado Absent
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)
Motion made by: Mayor Pro Tem Linares
Seconded by: Councilmember Cortez
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.
Approved (3 to 0); Allen & Delgado Absent
CC 12. Award Minor Construction & Maintenance Services Agreement to Air On Time, Co. for HVAC Unit Replacements at the Public Works Yard
6 Motion made by: Mayor Pro Tem Linares
Seconded by: Councilmember Cortez
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.
Approved (3 to 0); Allen & Delgado Absent
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
Motion made by: Mayor Pro Tem Linares
Seconded by: Councilmember Cortez
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.
Approved (3 to 0); Allen & Delgado Absent
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
Motion made by: Mayor Pro Tem Linares
Seconded by: Councilmember Cortez
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.
Approved (3 to 0); Allen & Delgado Absent
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
Community Development Director Lee made a presentation regarding updates to the Covina Recreation Village Project including the use of funds, the split phase approach, and projected timeline.
Motion made by: Mayor Pro Tem Linares
Seconded by: Councilmember Cortez
1. Approve plans and specifications for the Covina Recreation Village Project– West Gymnasium Building Phase I;
2. Reject bid protest by AMG & Associates, Inc.;
7 3. 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
4. Authorize contingency amount of $750,000 for any unforeseen construction expenses.
Approved (3 to 0); Allen & Delgado Absent
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
Motion made by: Mayor Pro Tem Linares
Seconded by: Councilmember Cortez
Adopt Resolution CC 2024-63.
Approved (3 to 0); Allen & Delgado Absent
CC 17. Approval of Contract for Dell Storage Refresh and Networking with Side Path Motion made by: Mayor Pro Tem Linares
Seconded by: Councilmember Cortez
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.
Approved (3 to 0); Allen & Delgado Absent
CC 18. Request to Cancel the Regular City Council Meeting of August 6, 2024 Motion made by: Mayor Pro Tem Linares
Seconded by: Councilmember Cortez
That the City Council consider cancelling the regular scheduled City Council Meeting of August 6, 2024.
Approved (3 to 0); Allen & Delgado Absent
CC 19. Approval of Contract for Increased Bandwidth at City Public Works and Parks and Recreation Between the City of Covina and Frontier Motion made by: Mayor Pro Tem Linares
Seconded by: Councilmember Cortez
Approve an agreement with Frontier, allowing the City to execute a contract for $3,480.00 monthly.
Approved (3 to 0); Allen & Delgado Absent
CC 20. Purchase of Police Equipment
Motion made by: Mayor Pro Tem Linares
Seconded by: Councilmember Cortez
8 1. 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;
2. Approve the purchase of a twenty-four (24) mobile radios and Stancil 911 recording system; and
3. Approve the waiving of competitive bid/purchasing requirements under Municipal Code 2.20.080.
Approved (3 to 0); Allen & Delgado Absent
CC 21. Authorizing the Destruction of Certain City Records Motion made by: Mayor Pro Tem Linares
Seconded by: Councilmember Cortez
Adopt Resolution CC 2024-60 authorizing the destruction of certain City records.
Approved (3 to 0); Allen & Delgado Absent
CC 22. FY 2024-25 Budget Increase from HOST Award Funding Motion made by: Mayor Pro Tem Linares
Seconded by: Councilmember Cortez
1. Adopt Resolution CC 2024-62 increasing the FY 2024-25 Police Department revenue and expenditure budget for accepting HOST funding; and
2. Authorize the City Manager or his designee to sign all related HOST participation documents.
Approved (3 to 0); Allen & Delgado Absent
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) Motion made by: Mayor Pro Tem Linares
Seconded by: Councilmember Cortez
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.
Approved (3 to 0); Allen & Delgado Absent
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
Motion made by: Mayor Pro Tem Linares
Seconded by: Councilmember Cortez
9 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 MidManagement, Supervisory and Professional, and Confidential and Technical Employees (Unaffiliated) Compensation Rules.
Approved (3 to 0); Allen & Delgado Absent
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)
Mayor King opened the public hearing.
The agenda report and presentation were provided by Planning Consultant Nancy Fong.
There were no public comments.
Mayor King closed the public hearing.
Motion made by: Councilmember Cortez
Seconded by: Mayor Pro Tem Linares
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”.
Approved (3 to 0); Allen & Delgado Absent
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
Mayor King opened the public hearing.
The agenda report and presentation were provided by Management Analyst Daniella Andrade.
There were no public comments.
Questions and discussion included increased cost of developments, cost for ADUs, calculations of fire fees, and frequency of fee review.
10 Mayor King closed the public hearing.
Motion made by: Mayor Pro Tem Linares
Seconded by: Councilmember Cortez
Adopt Resolution CC 2024-57.
Approved (3 to 0); Allen & Delgado Absent
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 for Fiscal Year 2025
Mayor King opened the public hearing.
The agenda report was provided by Environmental Analyst Sandy Costandi.
There were no public comments.
Mayor King closed the public hearing.
Motion made by: Mayor King
Seconded by: Councilmember Cortez
1. Conduct the public hearing and consider all testimony that may be presented; and
2. 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.
Approved (3 to 0); Allen & Delgado Absent
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
Mayor King opened the public hearing.
The agenda report was provided by Environmental Analyst Costandi.
There were no public comments.
Mayor King closed the public hearing.
Motion made by: Councilmember Cortez
Seconded by: Mayor Pro Tem Linares
1. Conduct the public hearing and consider all testimony that may be presented; and
2. 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.
Approved (3 to 0); Allen & Delgado Absent
11 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
Mayor King opened the public hearing.
The agenda report was provided by Environmental Analyst Costandi.
In response to an inquiry from Mayor King, Environmental Analyst Costandi informed the City Council that the Downtown Trash Enclosures were paid from a different fund and City Manager Marcarello and Interim Public Works Director Fajardo provided a list of planned improvements for the district.
There were no public comments.
Mayor King closed the public hearing.
Motion made by: Mayor Pro Tem Linares
Seconded by: Councilmember Cortez
1. Conduct the public hearing and consider all testimony that may be presented;
2. 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
3. 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.
Approved (3 to 0); Allen & Delgado Absent
ADJOURNMENT
At 8:32 p.m., the Covina City Council/Successor Agency to the Covina Redevelopment Agency/Covina Public Financing Authority/Covina Housing Authority adjourned in honor and memory of Former Covina Mayor and Police Chaplain Dave Truax to its next regular meeting of the Council/Agency/Authority scheduled for Tuesday, August 20, 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
CITY OF COVINA AND
SUCCESSOR AGENCY TO THE
COVINA REDEVELOPMENT AGENCY
AGENDA ITEM REPORT
ITEM NO. CC 4
Meeting: August 20, 2024
Title: Payment of Demands
Presented by: Theresa Franke, Deputy Director Administrative Services Recommendation: Approve Payment of Demands in the amount of $11,963,283.38 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 28, 2024 – August 1, 2024 CITY checks/EFTs $ 8,644,374.70
CITY payroll $ 3,284,164.60
CITY voids $ (25,028.55)
Worker’s Comp $ 52,837.36
$ 11,956,348.11
SACRA checks/EFTs $ 857.01
SACRA payroll $ 6,078.26
$ 6,935.27
TOTAL checks/EFTs $ 11,963,283.38
DISCUSSION:
The attached reports have been reviewed by the Deputy Director Administrative Services.
FISCAL IMPACT:
Sufficient funding is available and the related costs are included in the Fiscal Year 23/24 and Fiscal Year 24/25 Budgets.
Respectfully submitted,
CITY OF COVINA
Check Register
June 28, 2024 - Aug 1, 2024
Check # Check Date Vendor Name Amount
5959 07/03/2024 4003 MidAmerica 3,679.46
5962 07/18/2024 4003 MidAmerica 2,842.76
5963 05/30/2024 5438 BMO 27,705.03
5964 05/30/2024 5438 BMO 655.42
5965 07/24/2024 477 STATE OF CA 495.00
5966 07/24/2024 3280 INTERNAL REVENUE SERVICE 834.85
5967 08/01/2024 4003 MidAmerica 3,456.77
20836 07/03/2024 788 COVINA, CITY OF 47,773.95
20837 07/03/2024 789 COVINA-FSA, CITY OF 570.84
20838 07/03/2024 2033 NATIONWIDE RETIREMENT SOLUTIONS 28,636.28 20839 07/03/2024 788 COVINA, CITY OF 95.71
20840 07/03/2024 2033 NATIONWIDE RETIREMENT SOLUTIONS 7,050.00 20841 07/03/2024 487 CalPERS 97,953.98
20842 07/03/2024 487 CalPERS 7,182.79
20843 07/18/2024 788 COVINA, CITY OF 49,992.61
20844 07/18/2024 789 COVINA-FSA, CITY OF 570.84
20845 07/18/2024 2033 NATIONWIDE RETIREMENT SOLUTIONS 28,936.28 20846 07/18/2024 487 CalPERS 98,417.96
20847 08/01/2024 788 COVINA, CITY OF 95.71
20848 08/01/2024 2033 NATIONWIDE RETIREMENT SOLUTIONS 7,500.00 20849 08/01/2024 788 COVINA, CITY OF 50,055.56
20850 08/01/2024 789 COVINA-FSA, CITY OF 570.84
20851 08/01/2024 2033 NATIONWIDE RETIREMENT SOLUTIONS 30,338.98 20852 08/01/2024 487 CalPERS 7,153.37
20853 08/01/2024 487 CalPERS (0.60)
20854 08/01/2024 487 CalPERS 97,664.78
subtotal EFT/wires/direct deposits $ 600,229.17
121998 07/03/2024 14 A1 RENTALS 99.00
121999 07/03/2024 82 AIR-BREE HEATING 4,807.00
122000 07/03/2024 84 AIRGAS-WEST 192.76
122001 07/03/2024 84 AIRGAS-WEST 604.43
122002 07/03/2024 116 ALL STAR GLASS 75.00
122003 07/03/2024 173 ANDY'S WELDING 750.00
122004 07/03/2024 600 CERTIFIED UNDERCAR PARTS 49.58
122005 07/03/2024 615 CHARLES E THOMAS COMPANY 650.00
122006 07/03/2024 700 COLLEY FORD 2,896.57
122007 07/03/2024 878 DELTA DENTAL OF CALIFORNIA 122.02 122008 07/03/2024 970 EDISON CO 54.97
122009 07/03/2024 970 EDISON CO 10,518.12
122010 07/03/2024 1055 FEDEX 35.12
122011 07/03/2024 1198 GLOBALSTAR LLC 102.17
122012 07/03/2024 1215 GONZALES, RICHARD 529.20
122013 07/03/2024 1255 GRISWOLD INDUSTRIES 8,528.20
122014 07/03/2024 1371 HOSE MAN INC, THE 58.70
122015 07/03/2024 1387 HUNTER, JOHN L. 25,120.33
122016 07/03/2024 1429 INLAND EMPIRE STAGES 4,494.49
122017 07/03/2024 1603 COUNTY OF LOS ANGELES 1,020.00
122018 07/03/2024 1612 LA CNTY DEPT OF PUBLIC WORKS 3,233.76 122019 07/03/2024 1614 LA CNTY FIRE DEPARTMENT 978,542.65 122020 07/03/2024 1707 LIEBERT CASSIDY WHITMORE 2,730.00 122021 07/03/2024 1895 MERRIMAC ENERGY GROUP 30,260.73
122022 07/03/2024 1991 MOTOROLA 56,703.94
Attachment A Page 1 of 12
CITY OF COVINA
Check Register
June 28, 2024 - Aug 1, 2024
Check # Check Date Vendor Name Amount
122023 07/03/2024 2091 O REILLY AUTO PARTS 87.60
122024 07/03/2024 2345 QUILL 203.44
122025 07/03/2024 2510 S & S WORLDWIDE INC 115.89
122026 07/03/2024 2616 SGV COUNCIL OF GOVERNMENTS 25,667.86 122027 07/03/2024 2712 SOUTHERN CA ASSOC OF GOV 7,106.00 122028 07/03/2024 2719 SPARKLETTS 90.42
122029 07/03/2024 2818 GABE BF VAN LEEUWEN 346.50
122030 07/03/2024 2855 CHARTER COMMUNICATION 56.46
122031 07/03/2024 2855 CHARTER COMMUNICATIONS 356.16
122032 07/03/2024 2926 TYLER TECHNOLOGIES INC. 50,019.55 122033 07/03/2024 3070 WEST COAST ARBORISTS INC 28,800.00 122034 07/03/2024 3085 WESTLAND CARPETS 19,500.00
122035 07/03/2024 3152 YWCA 553.67
122036 07/03/2024 3185 TOSHIBA FINANCIAL SERVICES 1,296.87 122037 07/03/2024 3187 WAGONER, PAMELA 644.00
122038 07/03/2024 3190 LAYNE, JONATHAN DANIEL 525.00
122039 07/03/2024 3235 COOK, SHAWNA 606.20
122040 07/03/2024 3621 WAXIE ENTERPRISES INC 817.78
122041 07/03/2024 3656 PLAY-WELL TEKNOLOGIES 2,016.00
122042 07/03/2024 3658 ADVANCE TUTORING 156.80
122043 07/03/2024 3718 NADENE VALDEZ 323.40
122044 07/03/2024 3729 SUNBELT RENTALS INC 855.83
122045 07/03/2024 3732 ILLINOIS LIBRARY ASSOCIATION 837.70 122046 07/03/2024 3796 RICHARDS, WATSON & GERSHON 26,479.87 122047 07/03/2024 3901 GEM AUTO REPAIR 180.00
122048 07/03/2024 3982 CAROL A CUGNO 429.02
122049 07/03/2024 4065 VERIZON WIRELESS 701.31
122050 07/03/2024 4089 MEASOM, DEVIN THOMAS 1,041.09
122051 07/03/2024 4201 OFFICE TEAM - A ROBERT HALF COMPANY 1,270.00 122052 07/03/2024 4246 FERGUSON WATERWORKS #1083 1,556.07 122053 07/03/2024 4320 CHALLENGER SPORTS BRITISH SOCCER 1,813.00 122054 07/03/2024 4350 RKA Consulting Group 3,671.25
122055 07/03/2024 4374 ADMINSURE, INC 7,093.92
122056 07/03/2024 4455 FRONTIER 109.47
122057 07/03/2024 4483 DALE A. GARRISON 70.00
122058 07/03/2024 4488 WILCOX SUPPLY INC 105.03
122059 07/03/2024 4643 Bear Electrical Solutions, Inc. 11,762.50 122060 07/03/2024 4710 Fidelity Security Life Insurance Company 8.62 122061 07/03/2024 4719 O.S.T.S. Inc. 1,800.00
122062 07/03/2024 4764 UniFirst Corporation 361.93
122063 07/03/2024 4804 Vihulu L. Villagran 336.00
122064 07/03/2024 4817 Weck Analytical Environmental Services, Inc. 191.00 122065 07/03/2024 4829 Alicia A. Flores 259.70
122066 07/03/2024 4854 CEJ Engineers, Inc. 14,490.00
122067 07/03/2024 4871 HARRINGTON INDUSTRIAL PLASTICS, LLC 37.04 122068 07/03/2024 4885 ELIE FARAH 1,500.00
122069 07/03/2024 4931 Antonio Castro Jr 1,911.00
122070 07/03/2024 4979 GRBCON, Inc. 155,492.44
122071 07/03/2024 5011 Excel Office Services 342.92
122072 07/03/2024 5075 Amalia Q. Seresinghe 1,142.40
122073 07/03/2024 5109 SITEREP CONSTRUCTION SERVICES, INC. 30,140.00 122074 07/03/2024 5138 Ricoh USA, Inc. 299.63
Attachment A Page 2 of 12
CITY OF COVINA
Check Register
June 28, 2024 - Aug 1, 2024
Check # Check Date Vendor Name Amount
122075 07/03/2024 5228 ODP BUSINESS SOLUTIONS, LLC 99.25 122076 07/03/2024 5241 BLUERAY AQUATICS 60,041.91
122077 07/03/2024 5283 Y TIRE PERFORMANCE 2,823.37
122078 07/03/2024 5291 AMAZON CAPITAL SERVICES, INC 2,622.40 122079 07/03/2024 5332 CLARITI CLOUD INC 115,500.00
122080 07/03/2024 5404 SAN FERNANDO VALLEY ALARM CO. 82.00 122081 07/03/2024 5422 CANDELARIA MARROQUIN 576.34
122082 07/03/2024 5423 SUSAN T SCHOCK 159.60
122083 07/03/2024 5439 PARKWOOD LANDSCAPE MAINTENANCE INC 3,575.43 122084 07/03/2024 5464 ADVANCE STORES COMPANY INC 7,289.72 122085 07/03/2024 5489 EZ RIG CRANE INC 5,585.25
122086 07/03/2024 5506 QUALITY AUTO SUPPLY INC 205.07
122087 07/03/2024 5528 JAKE MARTINEZ 1,200.00
122088 07/03/2024 5544 A&M FIRST AID, INC 1,984.50
122089 07/03/2024 5548 JEJ DANCE EDUCATION INC 378.00
122090 07/03/2024 5549 AMANDA LOPEZ 1,064.00
122091 07/03/2024 5550 LEAH DAWN OSIER 210.00
122092 07/03/2024 5554 MINDS IN MOTION LLC 903.00
122093 07/03/2024 99999 ANGELA KUNIYOSHI 80.00
122094 07/03/2024 99999 CESAR ROLDAN 1,806.73
122095 07/03/2024 99999 JASMINE MENDOZA 80.00
122096 07/03/2024 99999 MARIA LERMA 80.00
122097 07/03/2024 99999 RICHARD PANIAGUA 60.00
122098 07/03/2024 68 AFLAC ACCT# YQ792 WORLDWIDE HEADQUARTERS 4,116.10 122099 07/03/2024 69 AFSCME District Council 36 710.10
122100 07/03/2024 775 COVINA POLICE ASSOCIATION 3,000.00 122101 07/03/2024 878 DELTA DENTAL OF CALIFORNIA 9,456.55 122102 07/03/2024 1106 FRANCHISE TAX BOARD 100.00
122103 07/03/2024 3795 PRE-PAID LEGAL SERVICES, INC 138.53 122104 07/03/2024 3846 CLEA 1,088.00
122105 07/03/2024 4255 RELIASTAR LIFE INSURANCE COMPANY 4,716.76 122106 07/03/2024 4710 Fidelity Security Life Insurance Company 1,024.67 122107 07/08/2024 5551 NEW ROMANTICS, A TAYLOR SWIFT TRIBUTE 1,200.00 122108 07/10/2024 44 ADAMSON INDUSTRIES 1,094.95
122109 07/10/2024 158 AMERICAN TRAFFIC SOLUTIONS 17,775.75 122110 07/10/2024 219 AT&T 515.80
122111 07/10/2024 254 AZUSA LIGHT & WATER 49.25
122112 07/10/2024 255 AZUSA PLUMBING & HEATNG SUPPLY 119.50 122113 07/10/2024 260 B & K ELECTRIC WHOLESALE 787.50
122114 07/10/2024 370 BOB BARKER CO INC 660.22
122115 07/10/2024 437 BURRO CANYON ENT INC 20.00
122116 07/10/2024 480 CALIFORNIA ASSOCIATION OF 420.00
122117 07/10/2024 649 CINTAS CORP #693 629.58
122118 07/10/2024 654 CITRUS CAR WASH 229.93
122119 07/10/2024 766 COVINA DISPOSAL CO 17,767.18
122120 07/10/2024 771 COVINA IRRIGATING CO 291,311.37
122121 07/10/2024 783 CITY OF COVINA WATER 552.57
122122 07/10/2024 970 EDISON CO 68,888.78
122123 07/10/2024 1025 EVANS, LISA 98.06
122124 07/10/2024 1075 WEX BANK 253.19
122125 07/10/2024 1156 THE GAS COMPANY 915.50
122126 07/10/2024 1204 GOLDEN STATE WATER COMPANY 1,712.13 Attachment A Page 3 of 12
CITY OF COVINA
Check Register
June 28, 2024 - Aug 1, 2024
Check # Check Date Vendor Name Amount
122127 07/10/2024 1361 HOLLIDAY ROCK CO INC 487.03
122128 07/10/2024 1364 HOME DEPOT CREDIT SERVICES 9,912.36 122129 07/10/2024 1437 INTER-CON SECURITY SYSTEMS INC 9,430.64 122130 07/10/2024 1614 LA CNTY FIRE DEPARTMENT 1,106,885.35 122131 07/10/2024 1663 LAW ENFORCEMENT MEDICAL 710.00
122132 07/10/2024 1698 LEXIPOL LLC 15,812.95
122133 07/10/2024 1788 MAMMOTH AUDIO SYSTEMS 2,200.00
122134 07/10/2024 1825 MASONIC HOMES OF CALIFORNIA 450.00 122135 07/10/2024 1933 MISSION LINEN SUPPLY 37.92
122136 07/10/2024 1991 MOTOROLA 1,382.90
122137 07/10/2024 2027 NAPA AUTO PARTS 18.84
122138 07/10/2024 2101 OCLC 4,523.22
122139 07/10/2024 2270 PLUMBING WHOLESALE OUTLET 217.20 122140 07/10/2024 2285 POVERO, DAVID 747.44
122141 07/10/2024 2335 PYRO-COMM SYSTEMS INC 135.00
122142 07/10/2024 2415 REPUBLIC MASTER CHEFS 547.32
122143 07/10/2024 2651 SIGN A RAMA COVINA 30.88
122144 07/10/2024 2800 T MOBILE USA 377.07
122145 07/10/2024 2855 SPECTRUM 91.99
122146 07/10/2024 2929 ULINE 214.95
122147 07/10/2024 2942 UNITED SITE SERVICES OF CA INC 279.81 122148 07/10/2024 2995 VENTEK INTERNATIONAL 7,575.00
122149 07/10/2024 3070 WEST COAST ARBORISTS INC 10,833.00 122150 07/10/2024 3102 WILLDAN FINANCIAL SERVICES 2,475.00 122151 07/10/2024 3185 TOSHIBA FINANCIAL SERVICES 1,396.87 122152 07/10/2024 3584 ENTERPRISE SECURITY INC 357.56
122153 07/10/2024 3729 SUNBELT RENTALS INC 401.59
122154 07/10/2024 3771 BLACK & WHITE EMERGENCY VEHICLES 15,137.95 122155 07/10/2024 3796 RICHARDS, WATSON & GERSHON 12,657.10 122156 07/10/2024 3898 VertiGIS North America Ltd. 2,859.00 122157 07/10/2024 4039 CALLYO 2009 CORP 2,820.00
122158 07/10/2024 4268 S&K POWER EQUIPMENT 49.61
122159 07/10/2024 4432 GONZALEZ GOODALE ARCHITECTS 5,979.00 122160 07/10/2024 4433 JAIME YAMASHITA 616.25
122161 07/10/2024 4455 FRONTIER 7,648.11
122162 07/10/2024 4714 CIR, Inc. 38,607.23
122163 07/10/2024 4764 UniFirst Corporation 62.57
122164 07/10/2024 4764 UniFirst Corporation 831.07
122165 07/10/2024 4863 La Verne Power Equipment 804.80
122166 07/10/2024 4885 ELIE FARAH 8,150.00
122167 07/10/2024 4900 G2 Wraps 933.82
122168 07/10/2024 4932 DLT Solutions, LLC 2,792.27
122169 07/10/2024 4939 INTIME SERVICES/ENTIME SERVICES, INC 13,200.00 122170 07/10/2024 4960 Data Ticket, Inc. 200.00
122171 07/10/2024 4965 Environment Planning Development Solutions, Inc. 4,642.50 122172 07/10/2024 4977 Enterprise FM Trust 5,983.54
122173 07/10/2024 4983 Ad Valorem Records,Inc. 2,857.35 122174 07/10/2024 5047 SAN GABRIEL VALLEY REGIONAL HOUSING TRUST 16,370.49 122175 07/10/2024 5100 Flock Group Inc 17,250.00
122176 07/10/2024 5169 Occupational Health Centers of California 604.00 122177 07/10/2024 5269 CONTROL AIR ENTERPRISES LLC. 8,480.58 122178 07/10/2024 5280 ALDERMAN & HILGERS LLP 1,548.00
Attachment A Page 4 of 12
CITY OF COVINA
Check Register
June 28, 2024 - Aug 1, 2024
Check # Check Date Vendor Name Amount
122179 07/10/2024 5374 THE DREAMBOATS 1,600.00
122180 07/10/2024 5515 BBS CONSTRUCTION INC 60,258.50
122181 07/10/2024 5522 IMPERIAL COUNTY OFFICE OF EDUCATION 2,557.90 122182 07/10/2024 5532 ABSOLUTE SOFTWARE INC 2,500.00
122183 07/10/2024 5556 Sarah Kelly 1,450.00
122184 07/10/2024 99999 ANALISA MARTINEZ 215.80
122185 07/10/2024 99999 CHRISTOPHER TRUJILLO 1,000.00
122186 07/10/2024 99999 KRISTEN JACOBSON 110.21
122187 07/10/2024 99999 MICHAEL FLORES JR. 104.50
122188 07/10/2024 99999 SAVANNAH BUMBALOW 45.00
122189 07/10/2024 99999 WAEL GHOSN 61.00
122190 07/18/2024 14 A1 RENTALS 107.49
122191 07/18/2024 44 ADAMSON INDUSTRIES 765.70
122192 07/18/2024 219 AT&T 352.48
122193 07/18/2024 219 AT&T 67.69
122194 07/18/2024 219 AT&T 56.41
122195 07/18/2024 221 AT&T MOBILITY 4.35
122196 07/18/2024 568 CAT SPECIALTIES INC 2,280.06
122197 07/18/2024 649 CINTAS CORP #693 314.79
122198 07/18/2024 703 UNIQUE PRINTING 385.88
122199 07/18/2024 749 BOHL PH.D., NANCY K. 650.00
122200 07/18/2024 766 COVINA DISPOSAL CO 143.48
122201 07/18/2024 783 CITY OF COVINA WATER 196.68
122202 07/18/2024 970 EDISON CO 16.40
122203 07/18/2024 1204 GOLDEN STATE WATER COMPANY 186.75 122204 07/18/2024 1226 GOPHER NW 5634 268.81
122205 07/18/2024 1235 GRAINGER 995.37
122206 07/18/2024 1241 GRAND PRINTING 523.03
122207 07/18/2024 1275 HAAKER EQUIPMENT CO 3,067.71
122208 07/18/2024 1361 HOLLIDAY ROCK CO INC 442.42
122209 07/18/2024 1429 INLAND EMPIRE STAGES 1,445.55
122210 07/18/2024 1505 JOHNNY'S POOL SERVICE 6.59
122211 07/18/2024 1547 KELLY PAPER CO 2,775.54
122212 07/18/2024 1561 KEYSTONE UNIFORM DEPOT 160.00
122213 07/18/2024 1615 REGIONAL TAP SERVICE CENTER 60.00 122214 07/18/2024 1617 LA CNTY REGISTRAR RECORDER 75.00 122215 07/18/2024 1617 COUNTY OF LOS ANGELES 509.49
122216 07/18/2024 1619 LA CNTY SHERIFF'S DEPT 302.90
122217 07/18/2024 1680 LEAGUE OF CALIF CITIES 1,349.25
122218 07/18/2024 1694 LEWIS ENGRAVING INC 12.13
122219 07/18/2024 1707 LIEBERT CASSIDY WHITMORE 17,732.15 122220 07/18/2024 1788 MAMMOTH AUDIO SYSTEMS 2,700.00
122221 07/18/2024 1895 MERRIMAC ENERGY GROUP 32,765.03
122222 07/18/2024 1924 MILLERS & ISHAMS 1,219.49
122223 07/18/2024 1933 MISSION LINEN SUPPLY 37.92
122224 07/18/2024 2004 MUNICIPAL MGMT ASSOC OF SOCAL 550.00 122225 07/18/2024 2027 NAPA AUTO PARTS 91.23
122226 07/18/2024 2101 OCLC 3,300.00
122227 07/18/2024 2251 MATTHEW PHAIRAS 1,700.00
122228 07/18/2024 2275 POIRIER, ROBERT 140.00
122229 07/18/2024 2309 PROFESSIONAL ACCOUNT MANAGEMENT LLC 8,117.11 122230 07/18/2024 2407 REGIONAL TAP SERVICE CENTER 317.70 Attachment A Page 5 of 12
CITY OF COVINA
Check Register
June 28, 2024 - Aug 1, 2024
Check # Check Date Vendor Name Amount
122231 07/18/2024 2415 REPUBLIC MASTER CHEFS 453.76
122232 07/18/2024 2510 S & S WORLDWIDE INC 298.99
122233 07/18/2024 2534 SAN BERNARDINO SHERIFF'S DEPT 400.00 122234 07/18/2024 2855 CHARTER COMMUNICATION 296.29
122235 07/18/2024 2903 TRI-XECUTEX CORP 200.00
122236 07/18/2024 2935 UNDERGROUND SERVICE ALERT 179.32 122237 07/18/2024 2942 UNITED SITE SERVICES OF CA INC 965.69 122238 07/18/2024 2954 URBAN GRAFFITI ENTERPRISES INC 3,935.00 122239 07/18/2024 2958 USPS - POC ACCOUNT #8098154 959.08 122240 07/18/2024 3023 VULCAN MATERIALS COMPANY 1,773.44 122241 07/18/2024 3080 WESTERN EMULSIONS INC 262.46
122242 07/18/2024 3531 National Training Inc 307.00
122243 07/18/2024 3823 JEEPERS CREEPERS EXTERMINATING 244.00 122244 07/18/2024 3837 SONSRAY MACHINERY LLC 1,752.07
122245 07/18/2024 3923 PARKHOUSE TIRE SERVICE INC 297.63 122246 07/18/2024 3929 BOOT BARN INC 743.59
122247 07/18/2024 3929 BOOT BARN INC 285.78
122248 07/18/2024 4077 INTERWEST CONSULTING GROUP INC 9,100.00 122249 07/18/2024 4116 COM-NET JPA 71,179.96
122250 07/18/2024 4123 RUDY CARDENAS 175.00
122251 07/18/2024 4201 OFFICE TEAM - A ROBERT HALF COMPANY 1,016.00 122252 07/18/2024 4209 ADLERHORST INTERNATIONAL 358.14
122253 07/18/2024 4225 CORELOGIC SOLUTIONS, LLC 231.75
122254 07/18/2024 4292 DUDEK 7,796.75
122255 07/18/2024 4349 Intelli-Tech 5,108.69
122256 07/18/2024 4360 MOORE IACOFANO GOLTSMAN, INC. 12,021.25 122257 07/18/2024 4379 789, Inc. 4,958.33
122258 07/18/2024 4406 MORITA, DUANE A 3,500.00
122259 07/18/2024 4433 JAIME YAMASHITA 3,008.75
122260 07/18/2024 4434 GOVERNMENTJOBS.COM, INC 17,871.50 122261 07/18/2024 4448 FS CONTRACTORS, INC. 7,500.00
122262 07/18/2024 4455 FRONTIER 922.58
122263 07/18/2024 4485 SIMONE, DEAN 1,000.00
122264 07/18/2024 4662 OverDrive, Inc 56.96
122265 07/18/2024 4682 Evan Brooks Associates, Inc. 18,850.00 122266 07/18/2024 4688 PCAM, LLC 37,487.05
122267 07/18/2024 4713 Fisher Integrated, Inc. 1,200.00 122268 07/18/2024 4714 CIR, Inc. 265,889.19
122269 07/18/2024 4780 Magic Jump Rentals, Inc. 1,510.00 122270 07/18/2024 4784 Apollo Wood Recovery, Inc. 18,800.24 122271 07/18/2024 4790 Kevin Klein 1,200.00
122272 07/18/2024 4817 Weck Analytical Environmental Services, Inc. 203.00 122273 07/18/2024 4863 La Verne Power Equipment 311.04
122274 07/18/2024 4871 HARRINGTON INDUSTRIAL PLASTICS, LLC 772.84 122275 07/18/2024 4885 ELIE FARAH 3,650.00
122276 07/18/2024 4952 Next Level Elevator 5,400.00
122277 07/18/2024 5053 ENVIRONMENTAL SCIENCE ASSOCIATES 929.00 122278 07/18/2024 5117 Steam It All LLC 620.00
122279 07/18/2024 5137 MasterCorp Commercial Services LLC 4,578.79 122280 07/18/2024 5138 Ricoh USA, Inc. 299.63
122281 07/18/2024 5139 Crown Castle Fiber LLC 925.00
122282 07/18/2024 5169 Occupational Health Centers of California 571.63 Attachment A Page 6 of 12
CITY OF COVINA
Check Register
June 28, 2024 - Aug 1, 2024
Check # Check Date Vendor Name Amount
122283 07/18/2024 5186 Dash Platform, LLC 894.14
122284 07/18/2024 5233 RODENT PEST TECHNOLOGIES 135.19
122285 07/18/2024 5269 CONTROL AIR ENTERPRISES LLC. 71,960.08 122286 07/18/2024 5280 ALDERMAN & HILGERS LLP 2,880.00
122287 07/18/2024 5291 AMAZON CAPITAL SERVICES, INC 817.49 122288 07/18/2024 5354 MALLORY SAFETY & SUPPLY LLC 162.61 122289 07/18/2024 5371 LAUGH FACTORY COVINA LLC 55,000.00 122290 07/18/2024 5377 ClearGov Inc 11,130.00
122291 07/18/2024 5399 TALEWISE LLC 400.00
122292 07/18/2024 5499 GOODMAN CAPITAL FINANCE 894.90
122293 07/18/2024 5505 COLLIERS INTERNATIONAL HOLDINGS INC 5,850.00 122294 07/18/2024 5528 JAKE MARTINEZ 1,560.00
122295 07/18/2024 5531 CU TECHNOLOGY LLC / ACORN TECHNOLOGY SERVICES 8,050.00 122296 07/18/2024 5533 KOSMONT & ASSOCIATES INC 2,210.20 122297 07/18/2024 5536 CAL STAR AUTOGLASS 550.00
122298 07/18/2024 5557 RYAN SILVERBERG 1,250.00
122299 07/18/2024 5560 DIVERSIFIED OPPORTUNITIES INC. 625.00 122300 07/18/2024 5561 RETRO ROLLING VIDEO GAMES 500.00 122301 07/18/2024 99999 CHENEY HOOKER 319.00
122302 07/18/2024 99999 COVINA BLVD., LLC 25,009.59
122303 07/18/2024 99999 FREEDOM FOREVER 399.72
122304 07/18/2024 99999 FREEDOM FOREVER LLC 547.56
122305 07/18/2024 99999 TESLA ENERGY OPERATIONS, INC 205.12 122306 07/18/2024 99999 VICTOR LINARES 74.69
122307 07/18/2024 68 AFLAC ACCT# YQ792 WORLDWIDE HEADQUARTERS 4,116.10 122308 07/18/2024 69 AFSCME District Council 36 710.40
122309 07/18/2024 775 COVINA POLICE ASSOCIATION 2,900.00 122310 07/18/2024 878 DELTA DENTAL OF CALIFORNIA 9,700.59 122311 07/18/2024 3795 PRE-PAID LEGAL SERVICES, INC 138.53 122312 07/18/2024 3846 CLEA 1,136.00
122313 07/18/2024 4255 RELIASTAR LIFE INSURANCE COMPANY 4,647.83 122314 07/18/2024 4710 Fidelity Security Life Insurance Company 1,077.25 122315 07/25/2024 19 AARDVARK 630.23
122316 07/25/2024 84 AIRGAS-WEST 225.86
122317 07/25/2024 255 AZUSA PLUMBING & HEATNG SUPPLY 119.40 122318 07/25/2024 260 B & K ELECTRIC WHOLESALE 470.85
122319 07/25/2024 269 BAKER AND TAYLOR INC 954.93
122320 07/25/2024 370 BOB BARKER CO INC 110.04
122321 07/25/2024 430 BUILDING ELECTRONIC CONTROLS 213.75 122322 07/25/2024 486 CALIFORNIA PRODUCT STEWARDSHIP COUNCIL 1,000.00 122323 07/25/2024 487 CalPERS 1,675.19
122324 07/25/2024 524 CAPRI DELI & KITCHEN INC 1,033.18 122325 07/25/2024 649 CINTAS CORP #693 314.79
122326 07/25/2024 654 CITRUS CAR WASH 149.95
122327 07/25/2024 700 COLLEY FORD 1,574.10
122328 07/25/2024 767 COVINA DOWNTOWN ASSOCIATION 375.00 122329 07/25/2024 775 COVINA POLICE ASSOCIATION 100.00
122330 07/25/2024 791 CPCA 155.00
122331 07/25/2024 819 Public Risk, Innovation, Solutions, and Management 1,413,934.00 122332 07/25/2024 849 DAPEER ROSENBLIT & LITVAK LLP 4,052.66 122333 07/25/2024 878 DELTA DENTAL OF CALIFORNIA 244.04 122334 07/25/2024 962 SUPERIOR COURT OF CALIFORNIA, CNTY OF LOS ANGELES 6,622.50 Attachment A Page 7 of 12
CITY OF COVINA
Check Register
June 28, 2024 - Aug 1, 2024
Check # Check Date Vendor Name Amount
122335 07/25/2024 962 SUPERIOR COURT OF CALIFORNIA, CNTY OF LOS ANGELES 552.00 122336 07/25/2024 970 EDISON CO 29,562.98
122337 07/25/2024 1156 THE GAS COMPANY 1,191.47
122338 07/25/2024 1204 GOLDEN STATE WATER COMPANY 83.66 122339 07/25/2024 1235 GRAINGER 5,661.89
122340 07/25/2024 1251 GREENS LOCK AND SAFE 38.31
122341 07/25/2024 1361 HOLLIDAY ROCK CO INC 3,697.99
122342 07/25/2024 1387 HUNTER, JOHN L. 7,340.25
122343 07/25/2024 1505 JOHNNY'S POOL SERVICE 66.12
122344 07/25/2024 1561 KEYSTONE UNIFORM DEPOT 1,770.00
122345 07/25/2024 1619 LA CNTY SHERIFF'S DEPT 398.10
122346 07/25/2024 1646 LANGUAGE LINE SERVICES INC 27.26 122347 07/25/2024 1694 LEWIS ENGRAVING INC 26.46
122348 07/25/2024 1788 MAMMOTH AUDIO SYSTEMS 1,100.00
122349 07/25/2024 1933 MISSION LINEN SUPPLY 18.96
122350 07/25/2024 2004 MUNICIPAL MGMT ASSOC OF SOCAL 125.00 122351 07/25/2024 2027 NAPA AUTO PARTS 43.42
122352 07/25/2024 2091 O REILLY AUTO PARTS 192.23
122353 07/25/2024 2317 PROSPERO PARK OWNERS ASSOCIATION 1,125.00 122354 07/25/2024 2345 QUILL 99.69
122355 07/25/2024 2415 REPUBLIC MASTER CHEFS 216.05
122356 07/25/2024 2546 SAN GABRIEL VALLEY TRIBUNE 122.95 122357 07/25/2024 2614 SGV CITY MANAGERS' ASSOCIATION 55.00 122358 07/25/2024 2736 STAPLES BUSINESS ADVANTAGE 342.92 122359 07/25/2024 2852 THREE VALLEY MUN WATER DISTR 5,285.58 122360 07/25/2024 2954 URBAN GRAFFITI ENTERPRISES INC 3,935.00 122361 07/25/2024 3001 VERIZON WIRELESS 2,118.29
122362 07/25/2024 3052 WATERLINE TECHNOLOGIES INC 3,735.42 122363 07/25/2024 3070 WEST COAST ARBORISTS INC 6,064.00 122364 07/25/2024 3082 WESTERN WATER WORKS SUPPLY 2,001.38 122365 07/25/2024 3102 WILLDAN FINANCIAL SERVICES 15,110.00 122366 07/25/2024 3163 GENTRY BROTHERS INC 698,832.18
122367 07/25/2024 3185 TOSHIBA FINANCIAL SERVICES 1,109.26 122368 07/25/2024 3621 WAXIE ENTERPRISES INC 1,028.68
122369 07/25/2024 3701 DEPARTMENT OF JUSTICE 750.00
122370 07/25/2024 3729 SUNBELT RENTALS INC 357.55
122371 07/25/2024 3735 QUADIENT LEASING USA, INC. 851.29 122372 07/25/2024 3796 RICHARDS, WATSON & GERSHON 11,553.14 122373 07/25/2024 3865 HOUSTON ENGINEERING INC. 2,000.00 122374 07/25/2024 3923 PARKHOUSE TIRE SERVICE INC 886.47 122375 07/25/2024 3988 LANDSCAPE WAREHOUSE III 797.44
122376 07/25/2024 4141 72 HOUR LLC 51,073.17
122377 07/25/2024 4201 OFFICE TEAM - A ROBERT HALF COMPANY 2,889.30 122378 07/25/2024 4247 UNITED WATER WORKS INC 1,346.10
122379 07/25/2024 4279 BOSS JANITORIAL SERVICES 14,598.45 122380 07/25/2024 4349 Intelli-Tech 826.88
122381 07/25/2024 4350 RKA Consulting Group 14,181.25
122382 07/25/2024 4379 789, Inc. 4,958.33
122383 07/25/2024 4389 EMPLOY AMERICA 2,580.00
122384 07/25/2024 4438 CALIFORNIA COMPUTER SCHOOLS, INC 150.00 122385 07/25/2024 4455 FRONTIER 442.20
122386 07/25/2024 4650 GOLDEN BELL PRODUCTS, INC. 43,775.00 Attachment A Page 8 of 12
CITY OF COVINA
Check Register
June 28, 2024 - Aug 1, 2024
Check # Check Date Vendor Name Amount
122387 07/25/2024 4676 Hill Brothers Chemical Company 1,692.34 122388 07/25/2024 4682 Evan Brooks Associates, Inc. 6,870.50 122389 07/25/2024 4710 Fidelity Security Life Insurance Company 30.60 122390 07/25/2024 4764 UniFirst Corporation 725.55
122391 07/25/2024 4765 AMC Modern IT 2,754.06
122392 07/25/2024 4771 Hadronex Inc. 10,174.00
122393 07/25/2024 4817 Weck Analytical Environmental Services, Inc. 480.00 122394 07/25/2024 4833 Michael R. Hillmann 3,152.50
122395 07/25/2024 4835 ABBA TERMITE & PEST CONTROL, INC 125.00 122396 07/25/2024 4854 CEJ Engineers, Inc. 49,368.00
122397 07/25/2024 4871 HARRINGTON INDUSTRIAL PLASTICS, LLC 1,789.00 122398 07/25/2024 4925 Humane Society of Pomona Valley, Inc. 23,938.67 122399 07/25/2024 4979 GRBCON, Inc. 75,072.32
122400 07/25/2024 4996 Green Giant Landscape, Inc. 286,757.15 122401 07/25/2024 5117 Steam It All LLC 620.00
122402 07/25/2024 5134 Tolar Manufacturing Company Inc. 15,043.61 122403 07/25/2024 5180 SAESHE 12,572.50
122404 07/25/2024 5228 ODP BUSINESS SOLUTIONS, LLC 569.51 122405 07/25/2024 5269 CONTROL AIR ENTERPRISES LLC. 4,481.99 122406 07/25/2024 5404 SAN FERNANDO VALLEY ALARM CO. 290.00 122407 07/25/2024 5439 PARKWOOD LANDSCAPE MAINTENANCE INC 20,603.88 122408 07/25/2024 5464 ADVANCE STORES COMPANY INC 87.77 122409 07/25/2024 5506 QUALITY AUTO SUPPLY INC 282.79
122410 07/25/2024 5517 BATTERY CONNECTION INC. 753.70
122411 07/25/2024 5563 FIRST RESCUE AMBULANCE INC 1,875.00 122412 07/25/2024 99999 AFT ONE LLC 144.95
122413 07/25/2024 99999 CARLOS ENRIQUEZ 38.60
122414 07/25/2024 99999 CARLOS SALAZAR 227.96
122415 07/25/2024 99999 CARLOS SALAZAR 251.80
122416 07/25/2024 99999 DEREK GONZALES 130.20
122417 07/25/2024 99999 EVCHC 282.37
122418 07/25/2024 99999 F J SCHULTE 237.94
122419 07/25/2024 99999 FRANK CHEN 60.98
122420 07/25/2024 99999 MARIA J BLAINE 16.86
122421 07/25/2024 99999 MARIZZA STA.LUCIA 27.23
122422 07/25/2024 99999 MOHAMMAD KATTEE 39.91
122423 07/25/2024 99999 OLIVIA C ROSALES 65.63
122424 07/25/2024 99999 WILLIAM LOUIS MCINTYRE JR 62.70 122425 08/01/2024 84 AIRGAS-WEST 734.12
122426 08/01/2024 160 AMERICAN WEST COAST SECURITY 25.00 122427 08/01/2024 207 ASCHENBRENNER, PAUL & LORRAINE 8,625.00 122428 08/01/2024 218 ASZMAN FAMILY BYPASS TRUST 3,375.00 122429 08/01/2024 239 AUTOZONE INC 19.23
122430 08/01/2024 254 AZUSA LIGHT & WATER 3,014.03
122431 08/01/2024 383 BOOTH, LOLA J TRUSTEE 7,500.00
122432 08/01/2024 412 RANA, JEANNE 7,500.00
122433 08/01/2024 493 CWE 13,469.50
122434 08/01/2024 605 CHADWICK, GEORGE & SHIRLEY 1,875.00 122435 08/01/2024 649 CINTAS CORP #693 314.79
122436 08/01/2024 700 COLLEY FORD 156.28
122437 08/01/2024 782 COVINA VALLEY USD 720.25
122438 08/01/2024 859 DAVIS, RYAN 272.99
Attachment A Page 9 of 12
CITY OF COVINA
Check Register
June 28, 2024 - Aug 1, 2024
Check # Check Date Vendor Name Amount
122439 08/01/2024 875 DELL MARKETING L.P. 1,479.04
122440 08/01/2024 957 E.G. BRENNAN & CO. LLC 696.80
122441 08/01/2024 970 EDISON CO 12,384.63
122442 08/01/2024 1055 FEDEX 344.71
122443 08/01/2024 1156 THE GAS COMPANY 149.79
122444 08/01/2024 1289 HANSEN, ANN 8,250.00
122445 08/01/2024 1317 HdL Coren & Cone 5,346.10
122446 08/01/2024 1352 HINDERLITER DELLAMAS & ASSOC 3,180.98 122447 08/01/2024 1505 JOHNNY'S POOL SERVICE 619.69
122448 08/01/2024 1507 JOHNSON, KENDALL H 9,000.00
122449 08/01/2024 1531 JW LOCK CO INC 550.15
122450 08/01/2024 1561 KEYSTONE UNIFORM DEPOT 2,208.74
122451 08/01/2024 1604 LA CNTY AGRIC COMMR/WTS MEAS 509.49 122452 08/01/2024 1617 REGISTRAR-RECORDER, COUNTY CLERK 65,660.05 122453 08/01/2024 1633 LACPCA 300.00
122454 08/01/2024 1707 LIEBERT CASSIDY WHITMORE 13,479.30 122455 08/01/2024 1792 MANNING & KASS 24,906.15
122456 08/01/2024 1825 MASONIC CENTER FOR YOUTH AND FAMILY 11,250.00 122457 08/01/2024 1933 MISSION LINEN SUPPLY 18.96
122458 08/01/2024 2027 NAPA AUTO PARTS 1,666.78
122459 08/01/2024 2091 O REILLY AUTO PARTS 385.59
122460 08/01/2024 2238 PEST OPTIONS INC 845.00
122461 08/01/2024 2270 PLUMBING WHOLESALE OUTLET 29.28
122462 08/01/2024 2309 PROFESSIONAL ACCOUNT MANAGEMENT LLC 7,411.12 122463 08/01/2024 2477 ROMAN CATHOLIC CHURCH 3,750.00
122464 08/01/2024 2534 SAN BERNARDINO SHERIFF'S DEPT 200.00 122465 08/01/2024 2568 SAVING CENTER INC 4,875.00
122466 08/01/2024 2577 SCHISSLER, ROBERT E. 3,000.00
122467 08/01/2024 2619 SGV EXAMINER 2,354.00
122468 08/01/2024 2736 STAPLES BUSINESS ADVANTAGE 1,180.44 122469 08/01/2024 2790 SWANK MOTION PICTURES INC 520.00 122470 08/01/2024 2855 CHARTER COMMUNICATIONS 356.16
122471 08/01/2024 2954 URBAN GRAFFITI ENTERPRISES INC 10,799.80 122472 08/01/2024 3001 VERIZON WIRELESS 5,394.73
122473 08/01/2024 3082 WESTERN WATER WORKS SUPPLY 3,412.34 122474 08/01/2024 3185 TOSHIBA FINANCIAL SERVICES 1,558.09 122475 08/01/2024 3701 DEPARTMENT OF JUSTICE 473.00
122476 08/01/2024 3706 WESTRUX INTERNATIONAL INC 165.43 122477 08/01/2024 3796 RICHARDS, WATSON & GERSHON 31,056.00 122478 08/01/2024 3801 JONES & MAYER 509.72
122479 08/01/2024 3837 SONSRAY MACHINERY LLC 2,300.26
122480 08/01/2024 3873 KATSUKO M STEWART 5,250.00
122481 08/01/2024 3874 JANICE C THIELEMANN 6,000.00
122482 08/01/2024 3964 RED WING BUSINESS ADVANTAGE ACCOUNT 1,200.00 122483 08/01/2024 3988 LANDSCAPE WAREHOUSE III 507.22
122484 08/01/2024 4065 VERIZON BUSINESS SERVICES 835.51 122485 08/01/2024 4065 VERIZON WIRELESS 973.25
122486 08/01/2024 4077 INTERWEST CONSULTING GROUP INC 9,490.00 122487 08/01/2024 4246 FERGUSON WATERWORKS #1083 12,297.29 122488 08/01/2024 4292 DUDEK 9,984.84
122489 08/01/2024 4294 CARSON, KENETA K & KEN L 7,500.00 122490 08/01/2024 4326 GUY MAIN COLBERT 1,875.00
Attachment A Page 10 of 12
CITY OF COVINA
Check Register
June 28, 2024 - Aug 1, 2024
Check # Check Date Vendor Name Amount
122491 08/01/2024 4360 MOORE IACOFANO GOLTSMAN, INC. 6,658.75 122492 08/01/2024 4374 ADMINSURE, INC 7,445.26
122493 08/01/2024 4455 FRONTIER 1,103.72
122494 08/01/2024 4571 POWER SECURITY GROUP INC 8,360.00 122495 08/01/2024 4571 POWER SECURITY GROUP INC 2,989.00 122496 08/01/2024 4633 COLBERT, JEFFREY 2,625.00
122497 08/01/2024 4636 ENGLER, NANCY 7,875.00
122498 08/01/2024 4639 HARRIS, DORIS M 3,000.00
122499 08/01/2024 4641 SNYDER, NANCY W. 5,250.00
122500 08/01/2024 4643 Bear Electrical Solutions, Inc. 30,935.50 122501 08/01/2024 4688 PCAM, LLC 57,122.25
122502 08/01/2024 4764 UniFirst Corporation 628.82
122503 08/01/2024 4817 Weck Analytical Environmental Services, Inc. 382.00 122504 08/01/2024 4824 Occu-Med, Ltd. 4,976.90
122505 08/01/2024 4835 ABBA TERMITE & PEST CONTROL, INC 250.00 122506 08/01/2024 4838 Vital Medical Services, LLC 5,000.00 122507 08/01/2024 4965 Environment Planning Development Solutions, Inc. 3,602.62 122508 08/01/2024 4983 Ad Valorem Records,Inc. 16,076.54 122509 08/01/2024 5025 Mark Carter Walker 10,875.00
122510 08/01/2024 5053 ENVIRONMENTAL SCIENCE ASSOCIATES 26,117.00 122511 08/01/2024 5109 SITEREP CONSTRUCTION SERVICES, INC. 12,540.00 122512 08/01/2024 5109 SITEREP CONSTRUCTION SERVICES, INC. 47,560.00 122513 08/01/2024 5147 SHAW INDUSTRIES, INC. 5,894.50
122514 08/01/2024 5149 Karen Dieterich 4,500.00
122515 08/01/2024 5150 Ann I Rogers 4,125.00
122516 08/01/2024 5151 Alex Douglas Johnson 4,125.00
122517 08/01/2024 5186 Dash Platform, LLC 1,609.02
122518 08/01/2024 5228 ODP BUSINESS SOLUTIONS, LLC 42.66 122519 08/01/2024 5236 RICHARD SEYMOUR 375.00
122520 08/01/2024 5263 FIRST AMERICAN TITLE INSURANCE COMPANY 1,500.00 122521 08/01/2024 5269 CONTROL AIR ENTERPRISES LLC. 1,841.54 122522 08/01/2024 5280 ALDERMAN & HILGERS LLP 756.00
122523 08/01/2024 5291 AMAZON CAPITAL SERVICES, INC 391.38 122524 08/01/2024 5342 EAGLE SIGNS INC 15,750.00
122525 08/01/2024 5410 JOAN EKSTRAND 4,500.00
122526 08/01/2024 5420 GMT 6,575.00
122527 08/01/2024 5464 ADVANCE STORES COMPANY INC 87.64 122528 08/01/2024 5506 QUALITY AUTO SUPPLY INC 501.26
122529 08/01/2024 5525 HERRERA'S ABS INC 10,662.00
122530 08/01/2024 5531 CU TECHNOLOGY LLC / ACORN TECHNOLOGY SERVICES 18,000.00 122531 08/01/2024 5541 MUNICIPAL DIVING SERVICES INC 975.00 122532 08/01/2024 5552 AQUA NET INC. 5,427.50
122533 08/01/2024 5565 ROGELIO ALVARADO JR. 300.00
122534 08/01/2024 5565 ROGELIO ALVARADO JR. 300.00
122535 08/01/2024 99999 ALEXANDER AW 68.48
122536 08/01/2024 99999 ALEXANDER AW 77.12
122537 08/01/2024 99999 ANGEL CARRILLO 1,543.08
122538 08/01/2024 99999 ANGEL CARRILLO 286.18
122539 08/01/2024 99999 ANTONIO CAPASSO 80.00
122540 08/01/2024 99999 CHENG WEI SUN 501.03
122541 08/01/2024 99999 CHRIS MARCARELLO 1,554.25
122542 08/01/2024 99999 CHRIS MARCARELLO 506.85
Attachment A Page 11 of 12
CITY OF COVINA
Check Register
June 28, 2024 - Aug 1, 2024
Check # Check Date Vendor Name Amount
122543 08/01/2024 99999 CRISTOBAL SOLIS 80.00
122544 08/01/2024 99999 ERICA GALLARDO 30.00
122545 08/01/2024 99999 ERICKSON - HALL 696.07
122546 08/01/2024 99999 ERIK MALDONADO 80.00
122547 08/01/2024 99999 KIMBERLY SANCHEZ 30.00
122548 08/01/2024 99999 OLIVANIA C VILLALTA 30.00
122549 08/01/2024 99999 RAFIK DAWOD 80.00
122550 08/01/2024 99999 RYAN RASMUSSEN 91.37
122551 08/01/2024 68 AFLAC ACCT# YQ792 WORLDWIDE HEADQUARTERS 4,116.10 122552 08/01/2024 69 AFSCME District Council 36 710.10
122553 08/01/2024 775 COVINA POLICE ASSOCIATION 3,100.00 122554 08/01/2024 878 DELTA DENTAL OF CALIFORNIA 9,334.53 122555 08/01/2024 1106 FRANCHISE TAX BOARD 100.00
122556 08/01/2024 3795 PRE-PAID LEGAL SERVICES, INC 138.53 122557 08/01/2024 3846 CLEA 1,152.00
122558 08/01/2024 4255 RELIASTAR LIFE INSURANCE COMPANY 4,730.48 122559 08/01/2024 4710 Fidelity Security Life Insurance Company 998.38 subtotal checks $ 8,045,002.54
116780 06/28/2023 99999 COVINA BLVD., LLC -25009.59
121299 05/08/2024 1933 MISSION LINEN SUPPLY -18.96
subtotal voids $ (25,028.55)
payroll (07/03/24) $ 1,063,912.55
payroll (07/18/24) $ 1,094,184.42
payroll (08/01/24) $ 1,132,145.89
workers' compensation $ 52,837.36
TOTAL checks/EFTs $ 11,963,283.38
Attachment A Page 12 of 12
CC Regular Meeting
AGENDA ITEM REPORT
ITEM NO. CC 5
Meeting: August 20, 2024
Title: City of Covina Investment Report for Month Ended June 30, 2024 Presented by: Theresa Franke, Administrative Services Deputy Director-Finance Charles Russom, Management Analyst
Recommendation: Receive and File.
EXECUTIVE SUMMARY:
Pursuant to Government Code Section 53600 et seq. and Section 4.0 of the City of Covina’s Investment Policy, a monthly investment report must be provided to the City Council and City Manager, containing detailed information of all securities, investments and monies of the City.
DISCUSSION:
The attached report for the City and Successor Agency reflects the portfolio balances for the month ended June 30, 2024. The report is in conformity with the City’s Investment Policy as well as Government Code 53601. In accordance with the City's Investment Policy, the City Council authorizes staff to continue investing the City's idle funds in similar securities as those presented in these reports attached hereto. There are sufficient funds to meet the pooled expenditure requirements for all City funds for the next 6 months.
FISCAL IMPACT:
None to receive and file.
Respectfully submitted,
CASH AND INVESTMENT BALANCE 5/31/2024 $99,725,665.79
RECEIPTS 6/1/24-6/30/24 14,893,547.98
DISBURSEMENTS 6/1/24-6/30/24 (11,420,822.06)
CASH AND INVESTMENT BALANCE 6/30/2024 $103,198,391.71
ANALYSIS OF CASH AND INVESTMENT BALANCE - BOOK VALUE
INVESTMENT PORTFOLIO Attachment A-2 $64,028,037.17
LOCAL AGENCY INVESTMENT FUND Attachment A-4 31,826,271.15 TOTAL PUBLIC INVESTMENTS 95,854,308.32
CHECKING / PETTY / STIFEL CASH BALANCES 7,344,083.39
CASH AND INVESTMENT BALANCE 6/30/2024 103,198,391.71
CASH HELD BY BOND TRUSTEES 3,146,620.88
TOTAL CASH AND INVESTMENT / BOND TRUSTEE CASH BALANCE 6/30/2024 $106,345,012.59
CITY OF COVINA INVESTMENT REPORT
FOR THE MONTH ENDED JUNE 30, 2024
The purpose of this report is to provide readers with the overall cash position of the City. There is sufficient investment liquidity to meet the pooled expenditures of all City’s funds for the next 6 months.
Attachment A -City
BOOK ACQUISITION MATURITY MARKET
TYPE OF INVESTMENT ISSUER VALUE DATE DATE VALUE
City of Covina:
Drawer & Petty Cash N/A $7,847.45 N/A N/A $7,847.45
General - Checking Account BMO 2,893,444.12 N/A Demand 2,893,444.12 Public Agency Saving - Parking Fines BMO 60,886.14 N/A Demand 60,886.14 Utility Billing Account BMO 30,591.98 N/A Demand 30,591.98 Workers' Compensation - Checking Account BMO 279,167.46 N/A Demand 279,167.46 Payroll - Checking Account BMO 76,444.68 N/A Demand 76,444.68 Money Market BMO 3,328,252.27 N/A Demand 3,328,252.27
AFLAC Flexible Spending Account BMO 18,482.47 N/A Demand 18,482.47 STIFEL Cash Per GL Various 648,966.82 Various Various 648,966.82 STIFEL Investment Portfolio Various 64,028,037.17 Various Various 63,338,005.12 Local Agency Investment Fund State of California 31,826,271.15 N/A Demand 31,826,271.15 Subtotal (A) $103,198,391.71 $102,508,359.66
Cash Held With 3rd Party Administrator:
TRIP 2017A Covina Wilmington Trust $507.79 N/A Demand $507.79 LA County Loan Agreement U.S. Bank 1,750,081.20 N/A Demand 1,750,081.20 Other Post-Employment Benefits Charles Schwab 1,394,676.77 N/A Demand 1,394,676.77 2021 Taxable Pension Obligation Bonds U.S. Bank 1,354.94 N/A Demand 1,354.94 2019 Wastewater Refunding Bonds U.S. Bank 0.18 N/A Demand 0.18 Subtotal (B) $3,146,620.88 $3,146,620.88
TOTAL (A+B) $106,345,012.59 $105,654,980.54
CITY OF COVINA
CASH AND INVESTMENT SUMMARY
FOR THE MONTH ENDED JUNE 30, 2024
The purpose of this schedule is to show the total cash and investments held by the City of Covina by account.
Exhibit A-2
CITY OF COVINA
Stifel
Investment Portfolio as of
June 2024
Investment Detail as of
June 2024
Issuer
Purchase
Date
Market Price Per
Share Qty
Total Original Cost
Value Coupon CUSIP Maturity Trustee
FEDL Agric MTG CorpMedium Term Note 10/12/22 99.783000 1,000,000 $ 1,000,000.00 5.1000 3134GX4R2 10/28/2025 Stifel FEDL Agric MTG CorpMedium Term Note 06/30/22 91.821000 1,000,000 915,357.70 0.9400 31422XGQ9 10/26/2026 Stifel Total Agricultural Mortgage 2,000,000 $ 1,915,357.70
FEDL Farm Credit Bank Bond 02/02/22 97.873000 1,000,000 $ 998,647.01 1.3200 3133ENLU2 1/21/2025 Stifel FEDL Farm Credit Bank Bond 02/02/22 92.641000 1,000,000 996,151.59 1.5000 3133ENKV1 1/13/2027 Stifel Federal Farm Credit Bank Bond 04/07/22 96.288000 1,000,000 1,011,340.41 3.1500 3133EJDV8 3/22/2027 Stifel FEDL Farm Credit Bank Bond 01/10/23 99.306000 1,000,000 1,000,000.00 5.1400 3133EN6C9 1/18/2028 Stifel Total Federal Farm Credit 4,000,000 $ 4,006,139.01
1 Attachment A-2 City Page 45 of 1264
Investment Detail as of
June 2024
Issuer
Purchase
Date
Market Price Per
Share Qty
Total Original Cost
Value Coupon CUSIP Maturity Trustee
FEDL Home Loan Bank Bond 06/30/22 97.964000 1,000,000 $ 952,708.25 1.0000 3130AQF40 12/20/2024 Stifel FEDL Home Loan Bank Bond 01/09/23 99.745000 2,000,000 2,000,000.00 5.0000 3130AUGG3 1/24/2025 Stifel FEDL Home Loan Bank Bond 02/21/23 99.883000 1,000,000 1,000,000.00 5.3500 3130AV3C4 3/7/2025 Stifel FEDL Home Loan Bank Bond 02/02/22 96.820000 1,000,000 1,016,590.01 2.6250 3130A6ZQ3 12/12/2025 Stifel FEDL Home Loan Bank Bond 02/13/23 100.028000 1,000,000 1,000,000.00 5.6000 3130AUXK5 3/9/2026 Stifel FEDL Home Loan MTG Corp -
Medium Term Note 04/24/23 99.786000 1,000,000 1,000,000.00 5.1500 3134GYQT2 5/1/2026 Stifel FEDL Home Loan Bank Bond 06/06/23 99.909000 1,000,000 1,000,000.00 5.5000 3130AWD80 6/12/2026 Stifel FEDL Home Loan Bank Bond 04/07/22 96.405000 1,000,000 1,006,542.62 3.0000 3130A2VE3 9/11/2026 Stifel FEDL Home Loan Bank Bond 03/25/24 99.925000 1,000,000 1,000,000.00 5.5000 3130B0LF4 9/21/2026 Stifel FEDL Home Loan Bank Bond 10/12/22 99.488000 1,000,000 1,000,000.00 5.4100 3130ATN94 10/18/2027 Stifel FEDL Home Loan Bank Bond 10/12/22 99.387000 1,080,000 1,079,730.00 5.5000 3130ATMD6 10/27/2027 Stifel FEDL Home Loan MTG Corp
Medium Term Note 06/01/23 99.993000 1,000,000 1,000,000.00 5.8500 3134GYTL6 12/14/2027 Stifel FEDL Home Loan Bank Bond 02/06/23 99.961000 1,000,000 1,000,000.00 5.5000 3130AUTV6 2/24/2028 Stifel FEDL Home Loan Bank Bond 02/22/23 99.557000 1,000,000 1,000,000.00 5.3000 3130AV4C3 3/9/2028 Stifel FEDL Home Loan Bank Bond 04/10/23 99.764000 1,000,000 1,000,000.00 5.5000 3130AVMT6 4/28/2028 Stifel FEDL Home Loan MTG CorpPool #WN2479 12/04/23 99.288400 1,000,000 993,437.50 4.9400 3132XGXH4 5/1/2028 Stifel FEDL Home Loan Bank Bond 05/09/23 99.841000 1,000,000 1,000,000.00 5.0500 3130AVZG0 5/15/2028 Stifel FEDL Home Loan Bank Bond 05/17/23 99.906000 1,000,000 1,000,000.00 5.6000 3130AW5P1 5/25/2028 Stifel FEDL Home Loan MTG Corp -
Medium Term Note 10/23/23 99.854000 1,000,000 1,000,000.00 6.0000 3134H1HY2 10/30/2028 Stifel FEDL Home Loan MTG CorpPOOL#WN2537 04/16/24 99.406100 1,000,000 989,687.50 4.9000 3132XGZB5 12/1/2028 Stifel FEDL Home Loan MTG CorpPool#WN2534 02/16/24 99.093200 1,000,000 997,187.50 4.9000 3132XGY83 12/1/2028 Stifel FEDL Home Loan MTG CorpPOOL#WN2559 4/10/2024 98.427300 1,000,000 979,062.50 4.6000 3132XGZZ2 1/1/2029 Stifel FEDL Home Loan Bank Bond 01/11/24 99.872000 1,000,000 1,000,000.00 5.5000 3130AYFM3 1/12/2029 Stifel FEDL Home Loan Bank Bond 01/29/24 99.989000 1,000,000 1,000,000.00 5.4000 3130AYJX5 1/23/2029 Stifel FEDL Home Loan Bank Bond 01/29/24 99.726000 1,000,000 1,000,000.00 5.3500 3130AYM86 1/24/2029 Stifel FEDL Home Loan MTG Corp -
Medium Term Note 02/12/24 99.437000 1,000,000 1,000,000.00 5.3500 3134H1RV7 2/8/2029 Stifel FEDL Home Loan MTG Corp -
Medium Term Note 02/05/24 99.648000 1,000,000 1,000,000.00 5.5000 3134H1RR6 2/9/2029 Stifel FEDL Home Loan MTG Corp -
Medium Term Note 02/20/24 99.488000 1,000,000 997,570.00 5.2500 3134H1TX1 2/23/2029 Stifel FEDL Home Loan MTG Corp -
Medium Term Note 02/22/24 99.224000 1,000,000 993,939.00 5.0000 3134H1UK7 2/23/2029 Stifel FEDL Home Loan MTG Corp -
Medium Term Note 03/25/24 99.717000 1,000,000.00 1,000,000.00 5.6250 3134H1WN9 3/27/2029 Stifel FEDL Home Loan MTG Corp -
Medium Term Note 04/18/24 99.972000 1,000,000 1,000,000.00 6.0000 3134H1K36 4/30/2029 Stifel FEDL Home Loan Bank Bond 5/29/2024 99.727000 1,000,000 1,000,000.00 6.0000 3130B1ME4 6/4/2029 Stifel Total Federal Home Loan 33,080,000 $ 33,006,454.88
2 Attachment A-2 City Page 46 of 1264
Investment Detail as of
June 2024
Issuer
Purchase
Date
Market Price Per
Share Qty
Total Original Cost
Value Coupon CUSIP Maturity Trustee
Oceanfirst Bank NAToms River NJ CD 06/23/22 99.983000 245,000 $ 245,000.00 3.2500 67523TBE2 7/1/2024 Stifel UBS Bank USASalt Lake City UT CD 06/27/22 99.982000 245,000 245,000.00 3.2000 90348J4B3 7/1/2024 Stifel Synovus BankColumbus GA CD 06/23/22 99.618000 245,000 245,000.00 3.2000 87164DTM2 8/30/2024 Stifel Bank of BarodaNew York NY CD 05/09/23 99.816000 245,000 245,000.00 5.0500 06063HQL0 11/15/2024 Stifel Greenstate Credit UnionNorth Liberty IA SH CTF 05/11/23 99.915000 245,000 245,000.00 5.1500 39573LEA2 11/18/2024 Stifel Oklahoma Fedl CR UNOklahoma City OK CD 11/14/22 99.854000 245,000 245,000.00 5.0000 67886WAB3 11/22/2024 Stifel Tech Credit UnionCrown Point in CD CTF 05/15/23 99.913000 245,000 245,000.00 5.1500 87823TAD0 11/25/2024 Stifel USAlliance FCURye NY SHS CTF 11/14/22 99.848000 245,000 245,000.00 5.0000 90352RCW3 11/29/2024 Stifel Cross River BankTeaneck NJ CD 06/06/23 99.948000 245,000 245,000.00 5.2500 227563CS0 12/16/2024 Stifel Americu CR UNRome NY SHS CTF 06/13/23 100.010000 245,000 245,000.00 5.3500 03065QAP3 12/23/2024 Stifel Keypoint CR UNSan Jose CA SHS CTF 12/13/23 100.000000 245,000 245,000.00 5.4000 49332PAC4 12/27/2024 Stifel Jefferson Finl FCUMetirie LA SHS CTF 06/21/23 99.954000 245,000 245,000.00 5.2500 474067CH6 12/30/2024 Stifel Western Alliance BankPhoenix AZ CD 06/26/23 99.926000 245,000 245,000.00 5.2500 95763PPD7 1/7/2025 Stifel Knoxville TVA Employees -
Credit Union 04/13/23 98.181000 249,000 236,275.11 1.9500 499724AL6 1/16/2025 Stifel Live Oak Bkg Co -
Wilmington NC CD 03/03/22 97.865000 249,000 248,751.00 1.8500 538036HW7 2/14/2025 Stifel Corp America Family CUElgin IL CD 02/13/24 100.000000 245,000 245,000.00 5.0000 219873AA4 2/21/2025 Stifel Sound CR UNTacoma WA ShS CTF 02/06/23 99.895000 245,000 245,000.00 5.1000 83616HAC8 2/21/2025 Stifel BMW Bank North America -
Salt Lake City UT CD 03/01/22 97.657000 245,000 245,000.00 1.8000 05580AK37 3/4/2025 Stifel American Express Natl BK -
Salt Lake City UT CD 03/01/22 97.612000 245,000 245,000.00 1.8000 02589ABP6 3/10/2025 Stifel Bethpage FED CR UNBethpage NY SHS CTF 04/29/24 99.992000 245,000 245,000.00 5.2500 08756MAA8 5/13/2025 Stifel NexBank Dallas TX CD 05/09/23 99.790000 245,000 245,000.00 5.0500 653344CD1 5/15/2025 Stifel Centris FEDL CR UNOmaha NE SHS CTF 05/09/23 99.808000 245,000 245,000.00 5.0000 15643VAB8 5/24/2025 Stifel Credit Union of TexasAllen TX SHS CTF 05/11/23 99.934000 245,000 245,000.00 5.1500 22551KAZ5 5/27/2025 Stifel First Choice FEDL CR UNNew Castle PA SHS CTF 05/17/23 99.808000 245,000 245,000.00 5.0000 31949HAA9 5/27/2025 Stifel Lafayette FEDL CR UNRockville MD SHS CTF 11/22/23 100.285000 245,000 245,000.00 5.5500 50625LBP7 5/30/2025 Stifel Barclays Bank DEWilmington DE CD 05/24/22 98.020000 245,000 245,000.00 3.0500 06740KQS9 6/2/2025 Stifel Global Federal CR UNAnchorage AK SHS CTG 06/06/23 99.994000 245,000 245,000.00 5.2000 37892MAL8 6/16/2025 Stifel SCE FCUIrwindale CA SHS CTF 12/13/23 99.806000 245,000 245,000.00 5.0000 78413RAJ6 6/20/2025 Stifel Community West CR UNKentwood MI CD 12/12/22 99.806000 245,000 245,000.00 5.0000 20416JAC8 6/23/2025 Stifel Oregon CMNTY CR UNEugene OR SHS CTF 06/16/23 99.963000 245,000 245,000.00 5.1500 68584JAE9 6/23/2025 Stifel BMO Harris Bank NAChicago IL CD 06/23/22 98.052000 245,000 245,000.00 3.2000 05600XGK0 6/24/2025 Stifel Liberty Fed CR UNEvansville IN SHS CTF 07/01/23 100.122000 245,000 245,000.00 5.3000 53052LAW9 7/14/2025 Stifel American First CR UNBrea CA SHS CTF 06/30/22 98.032000 245,000 245,000.00 3.2500 02616ABJ7 7/15/2025 Stifel Valley Strong CR UNBakersfield CA SHS CTF 01/04/23 99.916000 245,000 245,000.00 5.1000 920133AL9 7/18/2025 Stifel Technology CR UNSan Jose CA SH CTF 01/09/23 99.919000 245,000 245,000.00 5.1000 87868YAH6 7/21/2025 Stifel TTCU Federal CR UnionTulsa OK CD 07/10/23 100.182000 245,000 245,000.00 5.3500 89854LAE3 7/25/2025 Stifel 3 Attachment A-2 City Page 47 of 1264
Investment Detail as of
June 2024
Issuer
Purchase
Date
Market Price Per
Share Qty
Total Original Cost
Value Coupon CUSIP Maturity Trustee
Communitywide FEDL CR UNSouth Bend IN SHS CTF 08/04/23 100.131000 245,000 $ 245,000.00 5.2000 20416TBD3 8/29/2025 Stifel Flagstar Bank NA -
Hicksville NY CD 06/06/24 100.177000 245,000 245,000.00 5.3000 33847GHY1 9/12/2025 Stifel First Bank -
Hamilton NJ CD 06/06/24 100.011000 245,000 245,000.00 5.1500 319137CJ2 9/18/2025 Stifel Washington State BankWashington IA CD 4/2/2024 99.866000 245,000 245,000.00 5.0000 93974LAG5 10/9/2025 Stifel Tennessee Valley AuthPWR Bond 1995 SER E 06/30/22 102.835000 1,000,000 1,048,496.97 6.7500 880591CJ9 11/1/2025 Stifel First Natl Bank of AmerEast Lansing MI CE 05/16/22 97.192000 245,000 245,000.00 3.0000 32110YXE0 11/28/2025 Stifel Advantage FEDL CR UNRochester NY SHS CTF 08/24/23 100.384000 245,000 245,000.00 5.3000 00790JAD4 12/31/2025 Stifel Southwest Heritage CUOdessa TX SHS CTF 06/26/23 100.105000 245,000 245,000.00 5.1000 84503PAF7 1/7/2026 Stifel Truliant FEDL CR UNWinston Salem NC SHS CTF 03/09/23 100.287000 245,000 245,000.00 5.1500 89789AAH0 3/23/2026 Stifel Ally Bank -
Midvale UT CD 04/27/22 96.321000 245,000 245,000.00 2.8500 02007GQQ9 5/5/2026 Stifel Morgan Stanley PVT BK NA -
Purchase NY CD 05/14/24 100.195000 245,000 245,000.00 5.0500 61768E3X9 5/22/2026 Stifel Global FED CR UN -
Anchorage AK SHS CTF 05/14/24 100.274000 245,000 245,000.00 5.0500 37892MAP9 5/29/2026 Stifel JPMorgan Chase Bank NAColumbus OH CD 06/20/24 100.021000 245,000 245,000.00 5.4000 46657VCG3 6/25/2026 Stifel Inspire FEDL CR UN- Bristol
PA SHS CTF 06/29/23 100.224000 245,000 245,000.00 5.0000 457731AQ0 6/30/2026 Stifel GESA CR UNRichland WA CD 07/19/23 100.742000 245,000 245,000.00 5.2500 37424PAH7 7/31/2026 Stifel Pima FEDL CR UNTucson AZ SHS CTF 08/02/23 100.859000 245,000 245,000.00 5.3000 722000AC0 8/17/2026 Stifel Signature Federal Cred U 08/16/23 100.871000 245,000 245,000.00 5.3000 82671DAG2 8/28/2026 Stifel KodabankDrayton ND CD 03/09/23 100.261000 245,000 245,000.00 5.0000 50007DAC3 9/22/2026 Stifel First NATL BankDamariscotta ME CD 03/09/23 100.262000 245,000 245,000.00 5.0000 32117BFR4 9/23/2026 Stifel Austin Telco Fed CR UNAustin TX SHS CTF 11/14/22 100.393000 245,000 245,000.00 5.0500 052392CC9 11/27/2026 Stifel Baxter CR UNVernon Hills IL SHS CTF 11/14/22 100.293000 245,000 245,000.00 5.0000 07181JAV6 11/30/2026 Stifel First Foundation Bank -
Irvine CA CD 06/05/24 100.276000 245,000 245,000.00 5.0625 32026U5X0 12/14/2026 Stifel All in FED CR UnionDaleville AL SHS CTF 12/07/22 99.004000 245,000 245,000.00 4.4500 01664MAA4 12/21/2026 Stifel State Bank of India -
New York NY CD 02/01/22 92.391000 245,000 245,000.00 1.7500 856285G21 2/9/2027 Stifel Pentagon Federal CR UN -
Tysons Corner VA 02/02/22 92.145000 245,000 245,000.00 1.7000 70962LBE1 2/18/2027 Stifel Sallie Mae Bank -
Salt Lake City UT CD 02/16/22 93.389000 245,000 245,000.00 2.2000 795451BH5 2/23/2027 Stifel Beal Bank -
Las Vegas NV CD 03/01/22 92.939000 245,000 245,000.00 2.0500 07371CK81 3/3/2027 Stifel Beal Bank -
Plano TX CD 03/01/22 92.939000 245,000 245,000.00 2.0500 07371AZQ9 3/3/2027 Stifel Medallion Bank -
Salt Lake City UT CD 03/01/22 92.872000 245,000 245,000.00 2.0500 58404DNG2 3/8/2027 Stifel Cpital One Bank USA NA -
Glen Allen VA CD 04/07/22 94.340000 245,000 245,000.00 2.7000 14042TFJ1 4/13/2027 Stifel Synchrony Bank -
Draper UT CD 04/07/22 94.335000 245,000 245,000.00 2.7000 87165FK45 4/14/2027 Stifel Capital One NA -
Mclean VA CD 04/27/22 95.137000 245,000 245,000.00 3.0500 14042RRA1 5/4/2027 Stifel Goldman Sachs Bank USA -
New York NY CD 04/27/22 95.106000 245,000 245,000.00 3.0500 38149M6Y4 5/11/2027 Stifel Toyota Finl Svgs BankHenderson NV CD 05/09/22 95.479000 245,000 245,000.00 3.2000 89235MNH0 5/17/2027 Stifel Morgan Stanley Bank NASalt Lake City UT CD 05/16/22 95.604000 245,000 245,000.00 3.2500 61690UJ68 5/19/2027 Stifel Morgan Stanley PVT BK NAPurchase NY CD 05/16/22 95.604000 245,000 245,000.00 3.2500 61768EJR5 5/19/2027 Stifel 4 Attachment A-2 City Page 48 of 1264
Investment Detail as of
June 2024
Issuer
Purchase
Date
Market Price Per
Share Qty
Total Original Cost
Value Coupon CUSIP Maturity Trustee
Discover BankGreenwood DE CD 05/20/22 95.451000 245,000 $ 245,000.00 3.2000 254673E36 5/24/2027 Stifel FEDL NATL MTG ASSN Note 06/07/24 98.775000 1,000,000 1,000,000.00 5.2600 3135GATR2 6/10/2027 Stifel Credit Union New Jersey -
Ewing NJ SHS CTF 06/25/24 100.000000 245,000 245,000.00 5.4611 22552BAA9 7/9/2027 Stifel Rogue Credit UnionMedford OR SHS CTF 11/14/22 100.031000 245,000 245,000.00 5.2000 77535MAE3 11/26/2027 Stifel Ideal Credit UnionWoodbury MN SHS CTF 12/07/22 99.160000 245,000 245,000.00 4.5000 45157PAZ3 12/29/2027 Stifel Alliant Credit UnionChicago IL SHS CTF 12/20/22 100.266000 245,000 245,000.00 4.8500 01882MAA0 12/30/2027 Stifel Cornerstone BankFargo ND CD 05/01/23 101.570100 245,000 245,000.00 - 219232CR4 5/10/2028 Stifel FEDL NATL MTG ASSNPool#BSB8718 Balloon 03/05/24 97.803800 1,000,000 986,562.50 4.3800 3140LKVL4 6/1/2028 Stifel Connexus Credit UnionWausau WI SHS CTF 06/05/23 100.158000 245,000 245,000.00 5.4000 20825WBN9 6/15/2028 Stifel First FEDL S&L ASSN -
Lakewood OH CD 06/20/24 99.910000 245,000 245,000.00 5.3589 32023HBV9 6/28/2028 Stifel CY Fair FCUHouston TX SHS CTF 06/26/23 100.668000 245,000 245,000.00 5.3000 23248UAC1 7/14/2028 Stifel Numerica Credit UnionSpokane VLY WA SHS CTF 07/12/23 101.719000 245,000 245,000.00 5.1000 67054NBK8 7/31/2028 Stifel GHS FED CR UNBinghamton NY SHS CTF 08/02/23 100.606000 245,000 245,000.00 5.6000 36266LAB2 8/17/2028 Stifel Tucson FEDL CR UNTucson AZ CD 09/01/23 101.433000 245,000 245,000.00 5.0000 898812AC6 9/8/2028 Stifel Money One FCULargo MD SHS CTF 09/01/23 101.447000 245,000 245,000.00 5.0000 60936TAL3 9/14/2028 Stifel Dannemora FED CR UNPlattsburgh NY CD 12/20/23 100.171000 245,000 245,000.00 5.3000 236334AD0 12/28/2028 Stifel FEDL NATL MTG ASSN Note 05/14/24 99.842000 1,000,000 1,000,000.00 5.7500 3135GASM4 5/15/2029 Stifel Bridgewater Bank -
Bloomington MN CD 06/20/24 100.000000 245,000 245,000.00 5.3500 108622PX3 6/28/2029 Stifel Total Certificates of Deposit 25,078,000 $ 25,100,085.58 Stifel Securities 64,158,000 $ 64,028,037.17
Stifel Cash 648,966.82
Stifel Total Value of Portfolio 64,158,000 $ 64,677,003.99 5 Attachment A-2 City Page 49 of 1264
Qty Purch Date Maturity Sale Date
Share Price at
Purchase Date Net Trade Amount Cost Basis Value Market Value Accrued Interest Issuer CUSIP Held by 2,450 06/05/24 12/14/2026 100.000000 $ 245,000.00 $ 245,000.00 $ 245,000.00 First Foundation Bank -
Irvine CA CD 32026U5X0 Stifel
2,450 06/06/24 9/18/2025 100.000000 245,000.00 245,000.00 245,000.00 First Bank -
Hamilton NJ CD 319137CJ2 Stifel
2,450 06/06/24 9/12/2025 100.000000 245,000.00 245,000.00 245,000.00 Flagstar Bank NA - Hicksville
NY CD 33847GHY1 Stifel
10,000 06/07/24 6/10/2027 100.000000 1,000,000.00 1,000,000.00 1,000,000.00 FEDL NATL MTG ASSN Note 3135GATR2 Stifel 2,450 06/20/24 6/28/2029 100.000000 245,000.00 245,000.00 245,000.00 Bridgewater Bank -
Bloomington MN CD 108622PX3 Stifel
2,450 06/20/24 6/28/2028 100.000000 245,000.00 245,000.00 245,000.00 First FEDL S&L ASSN -
Lakewood OH CD 32023HBV9 Stifel
2,450 06/20/24 6/25/2026 100.021000 245,000.00 245,000.00 245,051.45 JPMorgan Chase Bank NAColumbus OH CD 46657VCG3 Stifel
2,450 06/25/24 7/9/2027 100.000000 245,000.00 245,000.00 245,000.00 Credit Union New Jersey -
Ewing NJ SHS CTF 22552BAA9 Stifel
Total $ 2,715,000.00 $ 2,715,000.00 $ 2,715,051.45 -
Qty Purch Date Maturity Sale Date
Share Price at Sale /
Maturity Date Original Cost Value
Par Value at
Sale/Maturity
Gain / (Loss) on
Sale / Redemption
Interest Earnings
Since Purchase Issuer CUSIP Held by
9,050 03/04/24 3/1/2029 6/3/2024 100.000000 $ 905,000.00 $ 905,000.00 - $ 11,765.00 FEDL Home Loan Bank Bond 3130B07L7 Stifel 10,000 06/30/22 6/14/2024 6/14/2024 100.000000 1,000,000.00 1,000,000.00 - 61,892.36 FEDL Home Loan Bank Bond 3130ASHK8 Stifel 2,450 06/06/23 6/17/2024 6/17/2024 100.000000 245,000.00 245,000.00 - 13,462.28 First Source FED CR UNNew Hartford NY SHS CTF
33651FAJ8 Stifel
2,450 12/07/22 6/17/2024 6/17/2024 100.000000 245,000.00 245,000.00 - 18,609.65 Workers Credit UnionLittleton MA SHS CTF 98138MAZ3 Stifel 2,450 06/23/22 6/28/2024 6/28/2024 100.000000 245,000.00 245,000.00 - 14,924.55 Pinnacle Bank -
Nashville TN CD 72345SLE9 Stifel
Total $ 2,640,000.00 $ 2,640,000.00 $ - $ 120,653.84
Period Interest Revenue
Previous Month $206,718.06
Previous 12 mos. $2,450,608.14
CITY OF COVINA
Investment Transaction Summary
for the Month Ended June 30, 2024
Purchased Investments
Net Revenue Analysis - for Period Ending June 30, 2024
Sold/Matured Investments
S:\Covina_PVT\Finance_PVT\Investments - City & CRA\Monthly Investment Reports\23-24\June 2024\June 2024 Investment Report Attachment A-3 City
Local Agency Investment Fund
P.O. Box 942809
Sacramento, CA 94209-0001
(916) 653-3001
July 15, 2024
LAIF Home
PMIA Average Monthly
Yields
CITY OF COVINA
CITY TREASURER
125 E. COLLEGE STREET
COVINA, CA 91723-2199
Account Number: 98-19-219
June 2024 Statement
Tran Type Definitions
Effective
Date
Transaction
Date
Tran
Type Confirm
Number
Web
Confirm
Number Authorized Caller Amount
6/7/2024 6/6/2024 RD 1753907 1714342 THERESA FRANKE 1,500,000.00 Account Summary
Total Deposit: 1,500,000.00 Beginning Balance: 30,326,271.15 Total Withdrawal: 0.00 Ending Balance: 31,826,271.15
7/15/24, 7:56 AM LAIF Regular Monthly Statement
https://laifms.treasurer.ca.gov/RegularStatement.aspx 1/1 Attachment A-4 City
Statement Total
Balance Percentage
Cash Balances $7,344,083 6.91%
Local Agency Investment Fund 31,826,271 29.93%
Treasury / Agency 38,927,952 36.61%
Certificate of Deposits 25,100,086 23.60%
Funds Held by Bond Trustees 3,146,621 2.96%
Total $106,345,013 100.00%
CITY OF COVINA
Cash & Investment Holdings by Type as of June 30, 2024
*Average Investment coupon rate: 4.66% (based on weighted average of Original Cost Value) Cash Balances, 6.91%
Local Agency Investment
Fund, 29.93%
Treasury / Agency, 36.61%
Certificate of Deposits,
23.60%
Funds Held by Bond
Trustees, 2.96%
HOLDINGS BY TYPE
S:\Covina_PVT\Finance_PVT\Investments - City & CRA\Monthly Investment Reports\23-24\June 2024\Investment Holdings by Sector - June 24 Attachment A-5 City
CASH AND INVESTMENT BALANCE 5/31/2024 $629,567.14
RECEIPTS 6/1/24-6/30/24 0.00
DISBURSEMENTS 6/1/24-6/30/24 0.00
CASH AND INVESTMENT BALANCE 6/30/2024 $629,567.14
ANALYSIS OF CASH AND INVESTMENT BALANCE
CHECKING ACCOUNT $71,047.64
LOCAL AGENCY INVESTMENT FUND Attachment A-6 558,519.50
AVAILABLE CASH BALANCES 629,567.14
CASH HELD BY BOND TRUSTEES 0.00
TOTAL CASH AND INVESTMENT / BOND TRUSTEE CASH BALANCE 6/30/2024 $629,567.14 FOR THE MONTH ENDED JUNE 30, 2024
The purpose of this report is to provide readers with the overall cash position of the Successor Agency to the Covina Redevelopment Agency (Agency). There is sufficient investment liquidity to meet the pooled expenditures of all Agency's funds for the next 6 months.
SUCCESSOR AGENCY TO THE COVINA REDEVELOPMENT AGENCY INVESTMENT REPORT Attachment A- Agency
BANK ACQUISITION MARKET
TYPE OF INVESTMENT ISSUER VALUE DATE DATE VALUE
Successor Agency to the Covina Redevelopment Agency:
Checking Account BMO $71,047.64 N/A Demand $71,047.64
Local Agency Investment Fund State of California 558,519.50 Demand 558,519.50 Subtotal (A) $629,567.14 $629,567.14
Cash Held With 3rd Party Administrator:
(1) 2013 Series A Tax Allocation Bonds U.S. Bank* $0.0 N/A Demand ($0.00) Fiscal Agent: U.S. Bank
(2) 2014 Series A Tax Allocation Bonds U.S. Bank* 0.00 N/A Demand 0.00 Fiscal Agent: U.S. Bank
(3) 2004 Series B Tax Allocation Bonds U.S. Bank* 0.00 N/A Demand 0.00 Fiscal Agent: U.S. Bank
Subtotal (B) ($0.00) ($0.00)
TOTAL (A+B) $629,567.14 $629,567.14
* Formerly BNY Mellon
SUCCESSOR AGENCY TO THE COVINA REDEVELOPMENT AGENCY
CASH AND INVESTMENT SUMMARY
FOR THE MONTH ENDED JUNE 30, 2024
The purpose of this schedule is to show the total cash and investments held by the Successor Agency to the Covina Redevelopment Agency by account.
Local Agency Investment Fund
P.O. Box 942809
Sacramento, CA 94209-0001
(916) 653-3001
July 15, 2024
LAIF Home
PMIA Average Monthly
Yields
S/A CITY OF COVINA FOR COVINA
REDEVELOPMENT AGENCY
FINANCE DIRECTOR
125 EAST COLLEGE STREET
COVINA, CA 91723-2199
Account Number: 65-19-007
June 2024 Statement
Tran Type Definitions
Account Summary
Total Deposit: 0.00 Beginning Balance: 558,519.50
Total Withdrawal: 0.00 Ending Balance: 558,519.50
7/15/24, 7:57 AM LAIF Regular Monthly Statement
https://laifms.treasurer.ca.gov/RegularStatement.aspx 1/1 Attachment A-6 Agency
Quarter
Ending City Agency*
6/30/2022 $85,152,535 $3,576,548
6/30/2023 $103,215,268 $3,692,249
6/30/2024. $106,345,013 $629,567
CITY OF COVINA AND SUCCESSOR AGENCY TO THE COVINA REDEVELOPMENT AGENCY Cash and Investments Three Year Comparison as of June 30, 2024 The purpose of this schedule is to show, for comparison purposes, the total cash and investment values for the last 3 years. *Successor Agency to Covina Redevelopment Agency
$0
$20,000,000
$40,000,000
$60,000,000
$80,000,000
$100,000,000
$120,000,000
6/30/2022 6/30/2023 6/30/2024.
$85,152,535
$103,215,268
$106,345,013
$3,576,548 $3,692,249 $629,567
MONTH ENDING JUNE 30, 2024
City of Covina & Agency* Total Cash & Investments
Three Year Comparison
City Agency*
sdsdad
S:\Covina_PVT\Finance_PVT\Investments - City & CRA\Monthly Investment Reports\23-24\June 2024\Cash Comparison June 2024 Attachment A-7 City and Agency
Carrying Cost Plus
Description Accrued Interest Purch. Amortized Cost Fair Value Accrued Interest United States Treasury:
Bills 39,152,874,329.72 $ 39,597,554,203.90 $ 39,587,768,752.50 $ NA Notes 62,176,581,824.56 $ 62,141,474,346.68 $ 61,651,762,504.00 $ 416,898,092.00 $ Federal Agency:
SBA 247,843,562.04 $ $ 247,843,562.04 $ 251,790,529.61 $ 1,200,799.53 MBS-REMICs $ 1,567,186.59 $ 1,567,186.59 $ 1,529,976.88 $ 6,836.72 Debentures $ 8,184,587,071.78 $ 8,182,672,988.45 $ 8,108,396,505.00 $ 75,509,041.45 Debentures FR $ - $ - $ - $ -
Debentures CL $ 2,250,000,000.00 $ 2,250,000,000.00 $ 2,235,914,150.00 $ 13,689,585.50 Discount Notes $ 29,807,385,861.03 $ 30,141,723,379.95 $ 30,121,121,250.00 NA Supranational Debentures $ 2,970,189,533.33 $ 2,970,189,533.33 $ 2,937,719,880.00 $ 28,822,792.40 Supranational Debentures FR $ - $ - $ - $ -
CDs and YCDs FR $ - $ - $ - $ -
Bank Notes $ - $ - $ -
CDs and YCDs $ 15,450,015,000.00 $ 15,450,000,000.00 $ 15,446,181,621.02 $ 248,570,152.74 Commercial Paper $ 11,683,558,041.73 $ 11,815,541,750.00 $ 11,811,742,819.45 NA Corporate:
Bonds FR $ - $ - $ - $ -
Bonds $ 693,227,689.67 $ 692,770,418.83 $ 678,296,776.00 $ 7,163,534.78 Repurchase Agreements $ - $ - $ - $ -
Reverse Repurchase $ - $ - $ - $ -
Time Deposits $ 5,060,000,000.00 $ 5,060,000,000.00 $ 5,060,000,000.00 NA PMIA & GF Loans $ 362,908,000.00 $ 362,908,000.00 $ 362,908,000.00 NA TOTAL $ 178,040,738,100.45 $ 178,914,245,369.77 $ 178,255,132,764.46 $ 791,860,835.12 Fair Value Including Accrued Interest $ 179,046,993,599.58 Repurchase Agreements, Time Deposits, PMIA & General Fund loans, and Reverse Repurchase agreements are carried at portfolio book value (carrying cost).
The value of each participating dollar equals the fair value divided by the amortized cost (0.996316042).
As an example: if an agency has an account balance of $20,000,000.00, then the agency would report its participation in the LAIF valued at $19,926,320.84 or $20,000,000.00 x 0.996316042.
State of California
Pooled Money Investment Account
Market Valuation
6/30/2024
Attachment A-8
CC Regular Meeting
AGENDA ITEM REPORT
ITEM NO. CC 6
Meeting: August 20, 2024
Title: Frontage Median Bioswale Installation Project – Project No. P2502 – Award of Contract to Siterep Construction Services, Inc. in the Amount of $174,010 Presented by: Rafael M. Fajardo, Interim Director of Public Works/City Engineer Recommendation: 1. Approve plans and specifications for the Frontage Median Bioswale Installation Project;
2. Award a contract for the Frontage Median Bioswale Installation Project – Project P2502 to Siterep Construction Services, Inc. as the lowest responsive and responsible bidder in the amount of $174,010 and authorize the City Manager to execute the contract;
3. Award a Professional Services Agreement to CEJ Engineers, Inc for $24,960 for Construction Management & Inspection Services and authorize the City Manager to execute the contract; and
4. Authorize a project contingency amount of $17,401 to cover the cost of unforeseen construction expenses.
EXECUTIVE SUMMARY/BACKGROUND:
As part of the City’s Fiscal Year 2024-2025 Capital Improvement Program, the City Council approved a project entitled, “Frontage Median Bioswale Installation Project,” which consists of:
New sidewalk installation
Drought tolerant landscape installation
Bioswale installation
4” Thick PCC sidewalk and curb ramp installation
Installation of (16) Parkway Trees
The project site location is East Covina Boulevard from North Greenpark Avenue to North Garsden Avenue.
DISCUSSION:
In an effort to improve the asphalt frontage median along Covina Boulevard between Greenpark Avenue and Garsden Avenue along Covina Boulevard and follow the Regional Board for the MS 4 Permit, the Department of Public Works requested informal proposals from companies included in the list for On-Call Services for Maintenance and Repair of City Facilities. As a result of the solicitation, City staff received the following four (4) proposals:
Rank Bidder Location Total Base Bid Amount
1 Siterep Construction Services, Inc. San Dimas, CA $174,010 2 GM Sager Construction Co., Inc. Chino, CA $230,750
3 FS Contractors, Inc. Sylmar, CA $269,300
4 Gentry Brothers, Inc. Irwindale, CA $306,670
Staff reviewed all bid documents for completeness and concluded that Siterep Construction Services, Inc. is the lowest responsive and responsible bidder to perform the construction of this project. Siterep Construction Services, Inc. has satisfactorily completed projects for the City including the Hollenbeck Park Pickleball Court Construction Project and the Covina Theater Seating Rail/Restroom Construction Project.
FISCAL IMPACT:
A funding amount of $250,000 has been allocated in the City’s approved Fiscal Year 2024-2025 Capital Improvement Program Budget for the Frontage Median Bioswale Installation Project – Project No. P2502 from Measure W Funds.
Funding Amount Account
Measure W $250,000 2510-5600-55320-P2502
Total $250,000
PROJECT EXPENSES
Description Amount
Base Bid (Siterep Construction Services, Inc.) $174,010 Contingency Allowance (10%) $17,401
Total Contract Amount $191,411
Construction Management & Inspection Services (CEJ Engineers, Inc.) $24,960 Total Fiscal Impact $216,371
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,
City of Covina
Public Works Department - Engineering DivisionFrontage Median Biowswale Installation Project Item Description Quantity Unit Unit Price Total Unit Price Total Unit Price Total 1 Clearing and Grubbing, including removal of AC, landscape, and all other removals. LS 83,170.00 1 $ 83,170.00 $ 18,000.00 $ 18,000.00 $ 17,000.00 $ 17,000.00 $ 38,500.00 $ 38,500.00 $ 2 Construct Bioswale including AC Patch, landscape, cobble rocks, etc. as indicated on the Construction Plans Complete. EA 12,000.00 6 $ 72,000.00 $ 15,600.00 $ 93,600.00 $ 10,000.00 $ 60,000.00 $ 6,500.00 $ 39,000.00 $ 3 Construct 4-Inches Thick PCC Sidewalk per SPPWC Std. Plans 113-2 as indicated on the Construction Plans Complete. SF 10.00 6,850 $ 68,500.00 $ 14.00 $ 95,900.00 $ 15.00 $ 102,750.00 $ 6.60 $ 45,210.00 $ 4 Construct Curb Ramps per SPPWC Std. Plans 111-5 as indicated on the Construction Plans Complete. EA 9,000.00 3 $ 27,000.00 $ 7,000.00 $ 21,000.00 $ 9,000.00 $ 27,000.00 $ 5,600.00 $ 16,800.00 $ 5 Install 36-Inches Box Parkway Tree Crape Myrtle (Natchez) as indicated on the Construction Plans Complete including 90 days maintenance period.
EA 3,500.00 16 $ 56,000.00 $ 2,550.00 $ 40,800.00 $ 1,500.00 $ 24,000.00 $ 2,156.25 $ 34,500.00 $ Total $ 269,300.00 306,670.00 $ 230,750.00 $ $ 174,010.00 Informal Bid Submission Deadline - July 30, 2024 at 10:00 am Base Bid Gentry Brothers, Inc. FS Contractors, Inc GM Sager Construction Co., Inc. Siterep Construction Services, Inc.
ATTACHMENT A
ATTACHMENT B
ATTACHMENT C
CITY OF COVINA AGREEMENT FOR
MINOR CONSTRUCTION AND MAINTENANCE SERVICES
This Agreement (“Agreement”) is dated August 20, 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 for the construction of the Frontage Median Bioswale Installation Project – Project No. P2502.
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 One Hundred and Seventy-Four Thousand and Ten Dollars ($174,010) 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.
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.
H. City Approval. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed subject to the approval of City or its authorized
representatives, and the quality of the workmanship shall be guaranteed for one year from date of acceptance.
I. Performance and Labor and Material Bonds. Within ten (10) business days from the execution of this Agreement, Contractor shall provide the City with: (1) a Performance Bond, which shall be maintained until the end of the warranty period set forth in subsection O of this Section 3, to assure faithful performance of this Agreement in regard to the work required to be constructed pursuant to this Agreement in the amount of the Contract; and (2) a Labor and Materials Bond to secure payment to any contractor, subcontractor, persons renting equipment, or furnishing labor or materials for the work required to be constructed or installed pursuant to this Agreement in the additional amount of the Contract. The bonds shall be in substantially the form attached hereto as Exhibits C and D, incorporated herein by this reference, and approved by the City Attorney. The surety shall be a surety admitted in the State of California and approved by the City.
J. Contractor's Independent Investigation. No plea of ignorance of conditions that exist or that may hereafter exist or of conditions of difficulties that may be encountered in the execution of the work under this Contract, as a result of failure to make the necessary independent examinations and investigations, and no plea of reliance on initial investigations or reports prepared by City for purposes of letting this Contract out to proposal will be accepted as an excuse for any failure or omission on the part of the Contractor to fulfill in every detail all requirements of this Contract. Nor will such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time.
K. Contractor's Affidavit. After the completion of the Work contemplated by this Agreement, Contractor shall file with the City Manager his affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors on the Work have been paid in full, and that there are no claims outstanding against the project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California.
L. Utility Location. City acknowledges its responsibilities with respect to locating utility facilities pursuant to California Government Code Section 4215.
M. Regional Notification Centers. Contractor agrees to contact the appropriate regional notification center in accordance with Government Code Section 4215.
N. Inspection. The Work shall be subject to inspection and testing by City and its authorized representatives during manufacture and construction and all other times and places, including without limitation, the plans of Contractor and any of its suppliers. Contractor shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the Work. The Work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the Work.
O. Warranty. Contractor shall guarantee or warranty the work done pursuant to this Agreement for a period of one year following acceptance thereof by City against any defective work or labor done or defective materials furnished.
P. Liquidated Damages; Extension Of Time. In accordance with Government Code Section 53069.85, Contractor agrees to forfeit and pay to City the sum of 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
be used, reused, disseminated or otherwise disposed of by the City without the permission of the Contractor. With respect to computer files containing data generated for the work, Contractor shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. Contractor may take and retain copies of the written products as desired, but the written products shall not be the subject of a copyright application by Contractor.
6. Independent Contractor.
A. Contractor is, and shall at all times remain as to City, a wholly independent contractor and not an employee of City. The personnel performing the services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor's exclusive direction and control. Contractor shall have no power to incur any debt, obligation, or liability on behalf of City. Neither City nor any of its agents shall have control over the conduct of Contractor or any of Contractor’s employees. Contractor shall not, at any time, or in any manner, represent that it or any of its officers, agents or employees are in any manner employees of City. Contractor and Contractor’s personnel shall not supervise any of City’s employees; and City’s employees shall not supervise Contractor’s personnel. Contractor’s personnel shall not wear or display any City uniform, badge, identification number, or other information identifying such individual as an employee of City; and Contractor’s personnel shall not use any City e-mail address or City telephone number in the performance of any of the services under this Agreement. Contractor shall acquire and maintain, at its sole cost and expense, such vehicles, equipment, and supplies as Contractor’s personnel require to perform any of the services required by this Agreement. Contractor shall perform the services off of City premises at locations of Contractor’s choice, except as otherwise may from time to time be necessary in order for Contractor’s personnel to receive projects from City, review plans on file at City, pick up or deliver any work product related to Contractor’s performance of the Work under this Agreement, or as may be necessary to inspect or visit City locations and/or private property to perform the services.
City may make a computer available to Contractor from time to time for Contractor’s personnel to obtain information about or to check on the status of projects pertaining to the services under this Agreement.
B. No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing Work hereunder for City. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing Work hereunder. Contractor shall be responsible for and pay all wages, salaries, benefits and other amounts due to Contractor’s personnel in connection with their performance of the Work under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, other retirement or pension benefits, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. Notwithstanding any other agency, state, or federal policy, rule, regulation, statute or ordinance to the contrary, Contractor and any of its officers, employees, agents, and subcontractors providing any of the Work under this Agreement shall not become entitled to, and hereby waive any claims to, any wages, salaries, compensation, benefit or any incident of employment by City, including, but not limited to, eligibility to enroll in, or reinstate to membership in, the California Public Employees Retirement System (“PERS”) as an employee
of City, and entitlement to any contribution to be paid by City for employer contributions or employee contributions for PERS benefits.
C. Contractor shall indemnify and hold harmless City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs, and expenses of any nature to the extent arising from, caused by, or relating to Contractor’s personnel practices. or to the extent arising from, caused by, or relating to the violation of any of the provisions of this Section
6. In addition to all other remedies available under law, City shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor’s failure to promptly pay to City any reimbursement or indemnification arising under this Section 6. This duty of indemnification is in addition to Contractor’s duty to defend, indemnify, and hold harmless as set forth in any other provision of this Agreement.
7. PERS Compliance and Indemnification.
A. General Requirements. The parties acknowledge that City is a local agency member of PERS, and as such has certain pension reporting and contribution obligations to PERS on behalf of qualifying employees. Contractor agrees that, in providing its employees and any other personnel to City to perform the Work under this Agreement, Contractor shall assure compliance with the Public Employees’ Retirement Law, commencing at Government Code Section 20000, the regulations of PERS, and the Public Employees’ Pension Reform Act of 2013, as amended.
Without limitation to the foregoing, Contractor shall assure compliance with regard to personnel who have active or inactive membership in PERS and to those who are retired annuitants and in performing this Agreement shall not assign or utilize any of its personnel in a manner that will cause City to be in violation of the applicable retirement laws and regulations.
B. Indemnification. Contractor shall defend (with legal counsel approved by City, whose approval shall not be unreasonably withheld), indemnify, and hold harmless City, and its City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs, and expenses of any nature to the extent arising from, caused by, or relating to Contractor’s violation of any provisions of this Section 7. This duty of indemnification is in addition to Contractor’s duty to defend, indemnify, and hold harmless as set forth in any other provision of this Agreement.
8. Confidentiality. All data, documents, discussion, or other information (collectively “data”) developed or received by Contractor or provided for performance of this Agreement are deemed confidential. Contractor shall keep all data confidential and shall not disclose any data to any person or entity without City’s prior written consent. City shall grant such consent if disclosure is legally required. Contractor shall return all data to City upon the expiration or termination of this Agreement. Contractor’s covenant under this Section 8 shall survive the expiration or termination of this Agreement.
9. Conflicts of Interest. Contractor and its officers, employees, associates and subcontractors, if any, shall comply with all conflict of interest statutes of the State of California applicable to Contractor’s Work under this Agreement, including the Political Reform Act (Gov.
Code, § 81000 et seq.) and Government Code Section 1090. During the term of this Agreement, Contractor may perform similar services for other clients, but Contractor and its officers, employees, associates and subcontractors shall not, without the City Representative’s prior written approval, perform work for another person or entity for whom Contractor is not currently performing work that would require Contractor or one of its officers, employees, associates or subcontractors to abstain from a decision under this Agreement pursuant to a conflict of interest statute. Contractor shall incorporate a clause substantially similar to this Section 9 into any subcontract that Contractor executes in connection with the performance of this Agreement.
10. Indemnification.
A. Indemnities for Third Party Claims.
1) To the fullest extent permitted by law, Contractor shall, at its sole cost and expense, defend, hold harmless and indemnify City and its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively “Indemnitees”), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens and losses of any nature whatsoever, including fees of accountants, attorneys or other professionals, and all costs associated therewith, and the payment of all consequential damages (collectively “Liabilities”), in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Contractor, its officers, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that Contractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the parties. Contractor shall defend the Indemnitees in any action or actions filed in connection with any Liability with counsel of the Indemnitees’ choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs actually incurred in connection with such defense. Contractor shall reimburse the Indemnitees for any and all legal expenses and costs incurred by Indemnitees in connection therewith. 2) Contractor shall pay all required taxes on amounts paid to Contractor under this Agreement, and indemnify and hold City harmless from any and all taxes, assessments, penalties and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Contractor shall fully comply with the workers’ compensation law regarding Contractor and Contractor’s employees. Contractor shall indemnify and hold City harmless from any failure of Contractor to comply with applicable workers’ compensation laws.
City may offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor’s failure to promptly pay to City any reimbursement or indemnification arising under this Subparagraph A. 2). 3) Contractor shall obtain executed indemnity agreements with provisions identical to those in this Section 10 from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this Agreement. If Contractor fails to obtain such indemnity obligations, Contractor shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Liabilities in
law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Contractor’s subcontractor, its officers, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that Contractor’s subcontractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the parties.
B. Workers’ Compensation Acts not Limiting. Contractor’s indemnifications and obligations under this Section 10, or any other provision of this Agreement, shall not be limited by the provisions of any workers’ compensation act or similar act. Contractor expressly waives its statutory immunity under such statutes or laws as to City, its officers, agents, employees and volunteers.
C. Insurance Requirements not Limiting. City does not, and shall not, waive any rights that it may possess against Contractor because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. The indemnities in this Section 10 shall apply regardless of whether or not any insurance policies are determined to be applicable to the Liability, tax, assessment, penalty or interest asserted against City.
D. Survival of Terms. Contractor’s indemnifications and obligations under this Section 10 shall survive the expiration or termination of this Agreement.
11. Insurance.
A. Minimum Scope and Limits of Insurance. Contractor shall procure and at all times during the term of this Agreement carry, maintain, and keep in full force and effect, insurance as follows:
1) Commercial General Liability Insurance with a minimum limit of Two Million Dollars ($2,000,000) per occurrence for bodily injury, personal injury and property damage and a general aggregate limit of Four Million Dollars ($4,000,000) per project or location.
If Contractor is a limited liability company, the commercial general liability coverage shall be amended so that Contractor and its managers, affiliates, employees, agents and other persons necessary or incidental to its operation are insureds.
2) Automobile Liability Insurance for any owned, non-owned or hired vehicle used in connection with the performance of this Agreement with a combined single limit of Two Million Dollars ($2,000,000) per accident for bodily injury and property damage. If Contractor does not use any owned, non-owned or hired vehicles in the performance of Work under this Agreement, Contractor shall obtain a non-owned auto endorsement to the Commercial General Liability policy required under Subparagraph A. 1) of this Section 11. 3) Workers’ Compensation Insurance as required by the State of California and Employer’s Liability Insurance with a minimum limit of 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.
B. Acceptability of Insurers. The insurance policies required under this Section 11 shall be issued by an insurer admitted to write insurance in the State of California with a rating of A:VII or better in the latest edition of the A.M. Best Insurance Rating Guide. Self-insurance shall not be considered to comply with the insurance requirements under this Section 11.
C. Additional Insured. The commercial general and automobile liability policies shall contain an endorsement naming the City, its officers, employees, agents and volunteers as additional insureds.
D. Primary and Non-Contributing. The insurance policies required under this Section 11 shall apply on a primary non-contributing basis in relation to any other insurance or selfinsurance available to City. Any insurance or self-insurance maintained by City, its officers, employees, agents or volunteers, shall be in excess of Contractor’s insurance and shall not contribute with it.
E. Contractor’s Waiver of Subrogation. The insurance policies required under this Section 11 shall not prohibit Contractor and Contractor’s employees, agents or subcontractors from waiving the right of subrogation prior to a loss. Contractor hereby waives all rights of subrogation against City.
F. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be approved by City. At City’s option, Contractor shall either reduce or eliminate the deductibles or self-insured retentions with respect to City, or Contractor shall procure a bond guaranteeing payment of losses and expenses.
G. Cancellations or Modifications to Coverage. Contractor shall not cancel, reduce or otherwise modify the insurance policies required by this Section 11 during the term of this Agreement. The commercial general and automobile liability policies required under this Agreement shall be endorsed to state that should the issuing insurer cancel the policy before the expiration date, the issuing insurer will endeavor to mail thirty (30) calendar days’ prior written notice to City. If any insurance policy required under this Section 11 is canceled or reduced in coverage or limits, Contractor shall, within two (2) business days of notice from the insurer, phone, fax or notify City via certified mail, return receipt requested, of the cancellation of or changes to the policy.
H. City Remedy for Noncompliance. If Contractor does not maintain the policies of insurance required under this Section 11 in full force and effect during the term of this Agreement, or in the event any of Contractor’s policies do not comply with the requirements under this Section 11, City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may, but has no duty to, take out the necessary insurance and pay, at Contractor’s expense, the premium thereon. Contractor shall promptly reimburse City for any premium paid by City or City may withhold amounts sufficient to pay the premiums from payments due to Contractor.
I. Evidence of Insurance. Prior to the performance of Work under this Agreement, Contractor shall furnish City’s Risk Manager with a certificate or certificates of insurance and all original endorsements evidencing and effecting the coverages required under this Section 11. The endorsements are subject to City’s approval. Contractor may provide complete, certified copies of
all required insurance policies to City. Contractor shall maintain current endorsements on file with City’s Risk Manager. Contractor shall provide proof to City’s Risk Manager that insurance policies expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Contractor shall furnish such proof at least two (2) weeks prior to the expiration of the coverages.
J. Indemnity Requirements not Limiting. Procurement of insurance by Contractor shall not be construed as a limitation of Contractor’s liability or as full performance of Contractor’s duty to indemnify City under Section 10 of this Agreement.
K. Subcontractor Insurance Requirements. Contractor shall require each of its subcontractors that perform Work under this Agreement to maintain insurance coverage that meets all of the requirements of this Section 11.
12. Mutual Cooperation.
A. City’s Cooperation. City shall provide Contractor with all pertinent data, documents and other requested information as is reasonably available for Contractor’s proper performance of the Work required under this Agreement.
B. Contractor’s Cooperation. In the event any claim or action is brought against the City relating to Contractor’s performance or Work rendered under this Agreement, Contractor shall render any reasonable assistance that City requires.
13. Records and Inspections. Contractor shall maintain full and accurate records with respect to all matters covered under this Agreement for a period of five (5) years. Contractor shall, without charge, provide City with access to the records during normal business hours. City may examine and audit the records and make transcripts therefrom, and inspect all program data, documents, proceedings and activities.
14. Termination or Suspension of Agreement.
A. Right to Terminate or Suspend. City may terminate or suspend this Agreement at any time, at will, for any reason or no reason, after giving written notice to Contractor at least seven (7) calendar days before the termination or suspension is to be effective. Contractor may terminate this Agreement at any time, at will, for any reason or no reason, after giving written notice to City at least sixty (60) calendar days before the termination is to be effective.
B. Obligations upon Termination. Contractor shall cease all work under this Agreement on or before the effective date of termination specified in the notice of termination. In the event of City’s termination of this Agreement due to no fault or failure of performance by Contractor, City shall pay Contractor based on the percentage of work satisfactorily performed up to the effective date of termination. In no event shall Contractor be entitled to receive more than the amount that would be paid to Contractor for the full performance of the Work required by this Agreement.
15. Force Majeure. Contractor shall not be liable for any failure to perform its obligations under this Agreement if Contractor presents acceptable evidence, in City’s sole judgment, that such failure was due to strikes, lockouts, labor disputes, embargoes, acts of God, inability to obtain labor or materials or reasonable substitutes for labor or materials, governmental restrictions, governmental regulations, governmental controls, judicial orders, enemy or hostile governmental action, civil commotion, fire or other casualty, or other causes beyond Contractor’s reasonable control and not due to any act by Contractor.
16. Notices. Any notices, consents, requests, demands, bills, invoices, reports or other communications which either party may desire to give to the other party under this Agreement must be in writing and conclusively deemed effective: (a) on personal delivery, (b) on confirmed delivery by reputable document delivery service or courier service during Contractor’s and City's regular business hours, or (c) five business days after deposit in the United States mail, by first class mail, postage prepaid, and addressed to the party to be notified as set forth below:
If to City: If to Contractor:
Attn: 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.
20. Waiver. No delay or omission to exercise any right, power or remedy accruing to City under this Agreement shall impair any right, power or remedy of City, nor shall it be construed as a waiver of, or consent to, any breach or default. No waiver of any breach, any failure of a condition, or any right or remedy under this Agreement shall be (1) effective unless it is in writing and signed by the party making the waiver, (2) deemed to be a waiver of, or consent to, any other breach, failure of a condition, or right or remedy, or (3) deemed to constitute a continuing waiver unless the writing expressly so states.
21. Exhibits. Exhibits A, B, C, and D constitute a part of this Agreement and are incorporated into this Agreement by this reference. If any inconsistency exists or arises between a provision of this Agreement and a provision of any exhibit, the provisions of this Agreement shall control.
22. Entire Agreement. This Agreement and all exhibits referred to in this Agreement constitute the final, complete and exclusive statement of the terms of the agreement between the parties pertaining to the subject matter of this Agreement and supersede all other prior or contemporaneous oral or written understandings and agreements of the parties. No party has been induced to enter into this Agreement by, nor is any party relying on, any representation or warranty except those expressly set forth in this Agreement.
23. Amendment of Agreement. This Agreement may be amended only by a writing signed by both parties. If the City Manager has entered into this Agreement on behalf of the City, the City Manager may approve an amendment to this Agreement and additional payment up to the amount of his contract authority. If this Agreement was originally approved by the City Council, then any amendments shall be approved by the City Council, except that the City Manager may approve amendments extending the time for performance, modifying the scope of work without any change to the maximum payment, approving a change in name of the Contractor, or terminating the Agreement.
24. Headings. The headings in this Agreement are included solely for convenience of reference and shall not affect the interpretation of any provision of this Agreement or any of the rights or obligations of the parties to this Agreement.
25. Word Usage. Unless the context clearly requires otherwise, (a) the words “shall,” “will” and “agrees” are mandatory and “may” is permissive; (b) “or” is not exclusive; and (c) “includes” or “including” are not limiting.
26. Time of the Essence. Time is of the essence in respect to all provisions of this Agreement that specify a time for performance; provided, however, that the foregoing shall not be construed to limit or deprive a party of the benefits of any grace or use period allowed in this Agreement.
27. Governing Law and Choice of Forum. This Agreement, and any dispute arising from the relationship between the parties to this Agreement, shall be governed by and construed in accordance with the laws of the State of California, except that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be applied in interpreting this Agreement. Any dispute that arises under or relates to this Agreement (whether contract, tort or both) shall be resolved in a municipal, superior or federal court with geographic jurisdiction over the City of Covina.
28. Attorneys’ Fees. In any litigation or other proceeding by which on party seeks to enforce its rights under this Agreement (whether in contract, tort or both) or seeks a declaration of any rights or obligations under this Agreement, the prevailing party shall be shall be awarded reasonable attorneys’ fees together with any costs and expenses, to resolve the dispute and to enforce the final judgment.
29. Claim Dispute Resolution. In the event of any dispute or controversy with the City over any matter whatsoever, the Contractor shall not cause any delay or cessation in or of work, but shall proceed with the performance of the work in dispute. The Contractor shall retain any and all rights provided that pertain to the resolution of disputes and protests between the parties. The disputed work will be categorized as an "unresolved dispute" and payment, if any, shall be as later determined by mutual agreement or a court of law. The Contractor shall keep accurate, detailed records of all disputed work, claims and other disputed matters. All claims arising out of or related to the Agreement or this Project, and the consideration and payment of such claims, are subject to the Government Claims Act (Government Code Section 810 et seq.) with regard to filing claims.
All such claims are also subject to Public Contract Code Section 9204 and Public Contract Code Section 20104 et seq. (Article 1.5), where applicable. This Contract hereby incorporates those provisions as though fully set forth herein. Thus, the Contractor or any Subcontractor must file a claim in accordance with the Government Claims Act as a prerequisite to filing a construction claim in compliance with Section 9204 and Article 1.5 (if applicable), and must then adhere to Article 1.5 and Section 9204, as applicable, pursuant to the definition of "claim" as individually defined therein.
30. Severability. If a court of competent jurisdiction holds any provision of this Agreement to be illegal, invalid or unenforceable for any reason, the validity of and enforceability of the remaining provisions of this Agreement shall not be affected and continue in full force and effect.
31. Authority to Execute Agreement. The person or persons executing this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder.
[SIGNATURE PAGE FOLLOWS]
The parties, through their duly authorized representatives, are signing this Agreement on the date stated in the introductory clause.
City:
City of Covina,
a California municipal corporation
By:
Name: Chris Marcarello
Title: City Manager
ATTEST:
By:
Name: Fabian Velez
Title: Chief Deputy City Clerk
Contractor:
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.)
EXHIBIT A
SCOPE OF WORK
EXHIBIT B
CALIFORNIA LABOR CODE COMPLIANCE
(Labor Code §§ 1720 et seq., 1813, 1860, 1861, 3700)
If this Agreement calls for services that, in whole or in part, constitute “public works” as defined in the California Labor Code, then:
1. This Agreement is subject to the provisions of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works and the awarding public agency (“City”) and Contractor agrees to be bound by all the provisions thereof as though set forth in full herein.
2. Contractor shall be registered with the Department of Industrial Relations (“DIR”) in accordance with California Labor Code Section 1725.5 and has provided proof of registration to City prior to the Effective Date of this Agreement.
3. Contractor shall comply with the provisions of California Labor Code Sections 1771, 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The applicable prevailing wage determination(s) may be obtained at (http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm), are on file with City, and are available to any interested party upon request. Contractor shall, as a penalty to City, forfeit not more than two-hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for any public work done under this Agreement by Contractor or by any subcontractor.
4. Pursuant to California Labor Code Section 1771.4, Contractor’s services are subject to compliance monitoring and enforcement by the Department of Industrial Relations.
Contractor shall post job site notices as prescribed by DIR regulations and agrees to furnish the records specified in California Labor Code Section 1776 directly to the Labor Commissioner in the manner prescribed by California Labor Code Section 1771.4(a)(3) and (c)(2).
5. Contractor shall comply with the provisions of California Labor Code Section 1776 which, among other things, require Contractor and each subcontractor to: (1) keep accurate payroll records, (2) certify and make such payroll records available for inspection as provided by Section 1776, and (3) inform City of the location of the records. Contractor is responsible for compliance with Section 1776 by itself and all of its subcontractors.
6. Contractor shall comply with the provisions of California Labor Code Section 1777.5 concerning the employment of apprentices on public works projects, and further agrees that Contractor is responsible for compliance with Section 1777.5 by itself and all of its subcontractors.
7. Contractor shall comply with the provisions of California Labor Code Section 1813 concerning penalties for workers who work excess hours. Contractor shall, as a penalty to City, forfeit twenty-five dollars ($25) for each worker employed in the execution of this Agreement by Contractor or by any subcontractor for each calendar day during which such
worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the California Labor Code.
8. California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Contractor hereby certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this Agreement.”
Date _______________ Signature ____________________________________
EXHIBIT C
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS that:
WHEREAS the City of Covina (“City”), State of California, has awarded to Siterep Construction Services, Inc., 301 E. Arrow Highway, Suite 105, San Dimas, CA 91773 (“Principal”) (Name and address of Contractor)
a contract (the “Contract”) for the Work described as follows:
Frontage Median Bioswale Installation Project – Project No. P2502 (Project Description/ Name)
WHEREAS, Principal is required under the terms of the Contract to furnish a Bond for the faithful performance of the Contract.
NOW, THEREFORE, we, the undersigned Principal, and
(Name and address of Surety)
(“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the City in the penal sum of Dollars ($ ), this
amount being not less than the total Contract Price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors executors and administrators, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the Contract and any alteration thereof made as therein provided, on the Principal’s part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surety hereby waives any statute of limitations as it applies to an action on this Bond.
The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or of the Work to be performed thereunder or the specifications
accompanying the same shall in anywise affect its obligations under this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the specifications. Surety hereby waives the provisions of California Civil Code Sections 2845 and 2849. The City is the principal beneficiary of this Bond and has all rights of a party hereto.
IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body.
Dated:
“Principal”
By:
Its
By:
Its
(Seal)
“Surety”
By:
Its
By:
Its
(Seal)
Note: This Bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. DATE OF BOND MUST NOT BE BEFORE DATE OF CONTRACT. IF CONTRACTOR IS A PARTNERSHIP, ALL PARTNERS MUST EXECUTE BOND. DATE OF BOND MUST NOT BE PRIOR TO DATE OF CONTRACT. Surety companies executing Bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located.
EXHIBIT D
PAYMENT BOND
(LABOR AND MATERIALS)
KNOW ALL PERSONS BY THESE PRESENTS that:
WHEREAS the City of Covina (“City”), State of California, has awarded to 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:
Frontage Median Bioswale Installation Project – Project No. P2502 (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 itssubcontractors pursuant to Labor Code Section 1741, and upon expiration of the time within which a joint labor management committee may commence an action against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section
1771.2, if the condition of this Bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect.
The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract or the Specifications accompanying the same shall in any manner affect its obligations on this Bond, and it does hereby waive notice of any such change, extension, alteration or addition.
IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body.
Dated:
“Principal”
By:
Its
By:
Its
(Seal)
“Surety”
By:
Its
By:
Its
(Seal)
Note: This Bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. DATE OF BOND MUST NOT BE BEFORE DATE OF CONTRACT. IF CONTRACTOR IS A PARTNERSHIP, ALL PARTNERS MUST EXECUTE BOND. DATE OF BOND MUST NOT BE PRIOR TO DATE OF CONTRACT. Surety companies executing Bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located.
PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement (“Agreement”) is dated August 20, 2024 (“Effective Date”) and is between the City of Covina, a California municipal corporation (“City”) and CEJ Engineers, Inc., a California corporation (“Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.
RECITALS
A. City desires to utilize the services of Consultant as an independent contractor to provide Construction Management and Inspection Services for the Frontage Median Bioswale Installation Project – Project No. P2502.
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, 2025, unless sooner terminated as provided in Section 14 of this Agreement.
2. Compensation.
A. Compensation. As full compensation for Consultant’s services provided under this Agreement, City shall pay Consultant a sum not to exceed Twenty Four Thousand Nine Hundred and Sixty Dollars ($24,960) (the “maximum compensation”), based on the hourly rates set forth in the Approved Fee Schedule, attached hereto as Exhibit A. Any terms in Exhibit A, other than the payment rates and schedule of payment, are null and void.
B. Expenses. The amount set forth in paragraph A shall include reimbursement for all actual and necessary expenditures reasonably incurred in the performance of this Agreement.
C. Additional Services. City shall not allow any claims for additional services performed by Consultant, unless the City Council and the Consultant Representative authorize the additional services in writing prior to Consultant’s performance of the additional services or incurrence of additional expenses. Any additional services or expenses authorized by the City Council shall be compensated at the rates set forth in Exhibit A, or, if not specified, at a rate mutually agreed to by the parties. City shall make payment for additional services and expenses in accordance with Section 4 of this Agreement.
3. Consultant’s Services.
A. Scope of Services. Consultant shall perform the services described in the Scope of Services, attached as Exhibit 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.
ATTACHMENT C
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 Joaquin Cervantes, Principal (the “Consultant Representative”). The Consultant Representative shall directly manage Consultant’s services under this Agreement. Consultant shall not change the Consultant Representative without City’s prior written consent.
C. 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 G. Permits and Licenses. Consultant shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the provision of services under this Agreement, including a business license.
4. Method of Payment.
A. Invoices. Consultant shall submit to City an invoice, on a monthly basis or less frequently, for actual services performed pursuant to this Agreement. Each invoice shall itemize the services rendered during the billing period, hourly rates charged, if applicable, and the amount due. If City disputes any of Consultant's fees, it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice.
B. Payment. City shall pay all undisputed invoice amounts within thirty (30) calendar days after receipt up to the maximum compensation set forth in Section 2 of this Agreement. City shall not withhold federal payroll, state payroll or other taxes, or other similar deductions, from payments made to Consultant. For all reimbursements authorized by this Agreement, Consultant shall provide receipts on all reimbursable expenses in excess of Fifty Dollars ($50) in such form as approved by the Administrative Services Director.
C. Audit of Records. Consultant shall make all records, invoices, time cards, cost control sheets and other records maintained by Consultant in connection with this agreement available during Consultant’s regular working hours to City for review and audit by City.
5. Ownership of Documents. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed (“written products”) pursuant to this Agreement shall become the sole property of the City without restriction or limitation upon its use and may be used, reused, disseminated or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. Consultant may take and retain copies of the written products as desired, but the written products shall not be the subject of a copyright application by Consultant.
6. Independent Contractor.
A. Consultant is, and shall at all times remain as to City, a wholly independent contractor and not an employee of City. The personnel performing the services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant’s employees. Consultant shall not, at any time, or in any manner, represent that it or any of its officers, agents or employees are in any manner employees of City. Consultant and Consultant’s personnel shall not supervise any of City’s employees; and City’s employees shall not supervise Consultant’s personnel. Consultant’s personnel shall not wear or display any City uniform, badge, identification number, or other information identifying such individual as an employee of City; and Consultant’s personnel shall not use any City e-mail address or City telephone number in the performance of any of the services under this Agreement. Consultant shall acquire and maintain, at its sole cost and expense, such vehicles, equipment, and supplies as Consultant’s personnel require to perform any of the services required by this Agreement. Consultant shall perform the services off of City premises at locations of Consultant’s choice, except as otherwise may from time to time be necessary in order for Consultant’s personnel to receive projects from City, review plans on file at City, pick up or deliver any work product related to Consultant’s performance of the services under this Agreement, or as may be necessary to inspect or visit City locations and/or private property to perform the services.
City may make a computer available to Consultant from time to time for Consultant’s personnel to obtain information about or to check on the status of projects pertaining to the services under this Agreement.
B. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. Consultant shall be responsible for and pay all wages, salaries, benefits and other amounts due to Consultant’s personnel in connection with their performance of the services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such
additional personnel, including, but not limited to: Social Security taxes, other retirement or pension benefits, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. Notwithstanding any other agency, state, or federal policy, rule, regulation, statute or ordinance to the contrary, Consultant and any of its officers, employees, agents, and subcontractors providing any of the services under this Agreement shall not become entitled to, and hereby waive any claims to, any wages, salaries, compensation, benefit or any incident of employment by City, including, but not limited to, eligibility to enroll in, or reinstate to membership in, the California Public Employees Retirement System (“PERS”) as an employee of City, and entitlement to any contribution to be paid by City for employer contributions or employee contributions for PERS benefits.
C. Consultant shall indemnify and hold harmless City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs, and expenses of any nature to the extent arising from, caused by, or relating to Consultant’s personnel practices. or to the extent arising from, caused by, or relating to the violation of any of the provisions of this Section
6. In addition to all other remedies available under law, City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this Section 6. This duty of indemnification is in addition to Consultant’s duty to defend, indemnify, and hold harmless as set forth in any other provision of this Agreement.
7. PERS Compliance and Indemnification.
A. General Requirements. The parties acknowledge that City is a local agency member of PERS, and as such has certain pension reporting and contribution obligations to PERS on behalf of qualifying employees. Consultant agrees that, in providing its employees and any other personnel to City to perform the services under this Agreement, Consultant shall assure compliance with the Public Employees’ Retirement Law, commencing at Government Code Section 20000, the regulations of PERS, and the Public Employees’ Pension Reform Act of 2013, as amended. Without limitation to the foregoing, Consultant shall assure compliance with regard to personnel who have active or inactive membership in PERS and to those who are retired annuitants and in performing this Agreement shall not assign or utilize any of its personnel in a manner that will cause City to be in violation of the applicable retirement laws and regulations.
B. Indemnification. Consultant shall defend (with legal counsel approved by City, whose approval shall not be unreasonably withheld), indemnify, and hold harmless City, and its City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs, and expenses of any nature to the extent arising from, caused by, or relating to Consultant’s violation of any provisions of this Section 7. This duty of indemnification is in addition to Consultant’s duty to defend, indemnify, and hold harmless as set forth in any other provision of this Agreement.
8. Confidentiality. All data, documents, discussion, or other information (collectively “data”) developed or received by Consultant or provided for performance of this Agreement are deemed confidential. Consultant shall keep all data confidential and shall not disclose any data to any person or entity without City’s prior written consent. City shall grant such consent if
disclosure is legally required. Consultant shall return all data to City upon the expiration or termination of this Agreement. Consultant’s covenant under this Section 8 shall survive the expiration or termination of this Agreement.
9. Conflicts of Interest. Consultant and its officers, employees, associates and subcontractors, if any, shall comply with all conflict of interest statutes of the State of California applicable to Consultant’s services under this Agreement, including the Political Reform Act (Gov.
Code, § 81000 et seq.) and Government Code Section 1090. During the term of this Agreement, Consultant may perform similar services for other clients, but Consultant and its officers, employees, associates and subcontractors shall not, without the City Representative’s prior written approval, perform work for another person or entity for whom Consultant is not currently performing work that would require Consultant or one of its officers, employees, associates or subcontractors to abstain from a decision under this Agreement pursuant to a conflict of interest statute. Consultant shall incorporate a clause substantially similar to this Section 9 into any subcontract that Consultant executes in connection with the performance of this Agreement.
10. Indemnification.
A. Indemnity for Design Professional Services. To the fullest extent permitted by law, Consultant shall, at its sole cost and expense, protect, indemnify and hold harmless City and its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively “Indemnitees”), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, liens and losses of any nature whatsoever, including fees of accountants, attorneys or other professionals, and all costs associated therewith, and reimbursement of attorney’s fees and costs of defense (collectively “Liabilities”), whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to, in whole or in part, the negligence, recklessness or willful misconduct of Consultant, its officers, agents, servants, employees, subcontractors, material men, contractors or their officers, agents, servants or employees (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of design professional services under this Agreement by a “design professional,” as the term is defined under California Civil Code Section 2782.8(c)(2).
B. Other Indemnities.
1) Other than in the performance of design professional services, and to the fullest extent permitted by law, Consultant shall, at its sole cost and expense, defend, hold harmless and indemnify the Indemnitees from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, liens and losses of any nature whatsoever, including fees of accountants, attorneys or other professionals, and all costs associated therewith, and the payment of all consequential damages (collectively “Claims”), in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant, its officers, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Claims arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the parties. Consultant shall defend the Indemnitees in any action or actions filed in connection with any Claim with counsel of the
Indemnitees’ choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs actually incurred in connection with such defense. Consultant shall reimburse the Indemnitees for any and all legal expenses and costs incurred by the Indemnitees in connection therewith.
2) Consultant shall pay all required taxes on amounts paid to Consultant under this Agreement, and indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Consultant shall fully comply with the workers’ compensation law regarding Consultant and Consultant’s employees. Consultant shall indemnify and hold City harmless from any failure of Consultant to comply with applicable workers’ compensation laws.
City may offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this Subparagraph B. 2). 3) Consultant shall obtain executed indemnity agreements with provisions identical to those in this Section 10 from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. If Consultant fails to obtain such indemnities, Consultant shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Claims in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant’s subcontractor, its officers, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that Consultant’s subcontractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Claims arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the parties.
C. Workers’ Compensation Acts not Limiting. Consultant’s obligations under this Section 10, or any other provision of this Agreement, shall not be limited by the provisions of any workers’ compensation act or similar act. Consultant expressly waives its statutory immunity under such statutes or laws as to City, its officers, agents, employees and volunteers.
D. Insurance Requirements not Limiting. City does not, and shall not, waive any rights that it may possess against Consultant because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. This hold harmless and indemnification provisions in this Section 10 shall apply regardless of whether or not any insurance policies are determined to be applicable to the Liability, Claim, tax, assessment, penalty or interest asserted against City.
E. Survival of Terms. The indemnification in this Section 10 shall survive the expiration or termination of this Agreement.
11. Insurance.
A. Minimum Scope and Limits of Insurance. Consultant shall procure and at all times during the term of this Agreement carry, maintain, and keep in full force and effect, insurance as follows:
1) Commercial General Liability Insurance with a minimum limit of Two Million Dollars ($2,000,000) per occurrence for bodily injury, personal injury and property damage and a general aggregate limit of Four Million Dollars ($4,000,000) per project or location.
If Consultant is a limited liability company, the commercial general liability coverage shall be amended so that Consultant and its managers, affiliates, employees, agents and other persons necessary or incidental to its operation are insureds.
2) Automobile Liability Insurance for any owned, non-owned or hired vehicle used in connection with the performance of this Agreement with a combined single limit of Two Million Dollars ($2,000,000) per accident for bodily injury and property damage. If Consultant does not use any owned, non-owned or hired vehicles in the performance of services under this Agreement, Consultant shall obtain a non-owned auto endorsement to the Commercial General Liability policy required under Subparagraph A. 1) of this Section 11. 3) Workers’ Compensation Insurance as required by the State of California and Employer’s Liability Insurance with a minimum limit of One Million Dollars ($1,000,000) per accident for bodily injury or disease. If Consultant has no employees while performing services under this Agreement, workers’ compensation policy is not required, but Consultant shall provide an executed declaration that it has no employees. 4) Professional Liability Insurance with minimum limits of Two Million Dollars ($2,000,000) per claim and in aggregate.
B. Acceptability of Insurers. The insurance policies required under this Section 11 shall be issued by an insurer admitted to write insurance in the State of California with a rating of A:VII or better in the latest edition of the A.M. Best Insurance Rating Guide. Self-insurance shall not be considered to comply with the insurance requirements under this Section 11.
C. Additional Insured. The commercial general and automobile liability policies shall contain an endorsement naming the City, its officers, employees, agents and volunteers as additional insureds.
D. Primary and Non-Contributing. The insurance policies required under this Section 11 shall apply on a primary non-contributing basis in relation to any other insurance or selfinsurance available to City. Any insurance or self-insurance maintained by City, its officers, employees, agents or volunteers, shall be in excess of Consultant’s insurance and shall not contribute with it.
E. Consultant’s Waiver of Subrogation. The insurance policies required under this Section 11 shall not prohibit Consultant and Consultant’s employees, agents or subcontractors from waiving the right of subrogation prior to a loss. Consultant hereby waives all rights of subrogation against City.
F. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be approved by City. At City’s option, Consultant shall either reduce or eliminate the deductibles or self-insured retentions with respect to City, or Consultant shall procure a bond guaranteeing payment of losses and expenses.
G. Cancellations or Modifications to Coverage. Consultant shall not cancel, reduce or otherwise modify the insurance policies required by this Section 11 during the term of this Agreement. The commercial general and automobile liability policies required under this Agreement shall be endorsed to state that should the issuing insurer cancel the policy before the expiration date, the issuing insurer will endeavor to mail thirty (30) calendar days’ prior written notice to City. If any insurance policy required under this Section 11 is canceled or reduced in coverage or limits, Consultant shall, within two (2) business days of notice from the insurer, phone, fax or notify City via certified mail, return receipt requested, of the cancellation of or changes to the policy.
H. City Remedy for Noncompliance. If Consultant does not maintain the policies of insurance required under this Section 11 in full force and effect during the term of this Agreement, or in the event any of Consultant’s policies do not comply with the requirements under this Section 11, City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may, but has no duty to, take out the necessary insurance and pay, at Consultant’s expense, the premium thereon. Consultant shall promptly reimburse City for any premium paid by City or City may withhold amounts sufficient to pay the premiums from payments due to Consultant.
I. Evidence of Insurance. Prior to the performance of services under this Agreement, Consultant shall furnish City’s Risk Manager with a certificate or certificates of insurance and all original endorsements evidencing and effecting the coverages required under this Section 11. The endorsements are subject to City’s approval. Consultant may provide complete, certified copies of all required insurance policies to City. Consultant shall maintain current endorsements on file with City’s Risk Manager. Consultant shall provide proof to City’s Risk Manager that insurance policies expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Consultant shall furnish such proof at least two (2) weeks prior to the expiration of the coverages.
J. Indemnity Requirements not Limiting. Procurement of insurance by Consultant shall not be construed as a limitation of Consultant’s liability or as full performance of Consultant’s duty to indemnify City under Section 10 of this Agreement.
K. Subcontractor Insurance Requirements. Consultant shall require each of its subcontractors that perform services under this Agreement to maintain insurance coverage that meets all of the requirements of this Section 11.
12. Mutual Cooperation.
A. City’s Cooperation. City shall provide Consultant with all pertinent data, documents and other requested information as is reasonably available for Consultant’s proper performance of the services required under this Agreement.
B. Consultant’s Cooperation. In the event any claim or action is brought against the City relating to Consultant’s performance or services rendered under this Agreement, Consultant shall render any reasonable assistance that City requires.
13. Records and Inspections. Consultant shall maintain full and accurate records with respect to all matters covered under this Agreement for a period of five (5) years. Consultant shall, without
charge, provide City with access to the records during normal business hours. City may examine and audit the records and make transcripts therefrom, and inspect all program data, documents, proceedings and activities.
14. Termination or Suspension of Agreement.
A. Right to Terminate or Suspend. City may terminate or suspend this Agreement at any time, at will, for any reason or no reason, after giving written notice to Consultant at least seven (7) calendar days before the termination or suspension is to be effective. Consultant may terminate this Agreement at any time, at will, for any reason or no reason, after giving written notice to City at least sixty (60) calendar days before the termination is to be effective.
B. Obligations upon Termination. Consultant shall cease all work under this Agreement on or before the effective date of termination specified in the notice of termination. In the event of City’s termination of this Agreement due to no fault or failure of performance by Consultant, City shall pay Consultant based on the percentage of work satisfactorily performed up to the effective date of termination. In no event shall Consultant be entitled to receive more than the amount that would be paid to Consultant for the full performance of the services required by this Agreement.
15. Force Majeure. Consultant shall not be liable for any failure to perform its obligations under this Agreement if Consultant presents acceptable evidence, in City’s sole judgment, that such failure was due to strikes, lockouts, labor disputes, embargoes, acts of God, inability to obtain labor or materials or reasonable substitutes for labor or materials, governmental restrictions, governmental regulations, governmental controls, judicial orders, enemy or hostile governmental action, civil commotion, fire or other casualty, or other causes beyond Consultant’s reasonable control and not due to any act by Consultant.
16. Notices. Any notices, consents, requests, demands, bills, invoices, reports or other communications which either party may desire to give to the other party under this Agreement must be in writing and conclusively deemed effective: (a) on personal delivery, (b) on confirmed delivery by reputable document delivery service or courier service during Consultant’s and City's regular business hours, or (c) five business days after deposit in the United States mail, by first class mail, postage prepaid, and addressed to the party to be notified as set forth below:
If to City: If to Consultant:
Attn: Public Works, Engineering Attn: Joaquin Cervantes City of Covina CEJ Engineers, Inc
125 E. College Street 18800 Amar Rd., Suite B13
Covina, California 91723 Walnut, CA 91789
17. Non-Discrimination and Equal Employment Opportunity. In the performance of this Agreement, Consultant shall not discriminate against any employee, subcontractor or applicant for employment because of race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information, sexual orientation or other basis prohibited by law.
Consultant will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment, without regard to their race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry,
age, physical disability, mental disability, medical condition, genetic information or sexual orientation.
18. Prohibition of Assignment and Delegation. Consultant shall not assign any of its rights or delegate any of its duties under this Agreement, either in whole or in part, without City’s prior written consent. City’s consent to an assignment of rights under this Agreement shall not release Consultant from any of its obligations or alter any of its primary obligations to be performed under this Agreement. Any attempted assignment or delegation in violation of this Section 18 shall be void and of no effect and shall entitle City to terminate this Agreement. As used in this Section 18, “assignment” and “delegation” means any sale, gift, pledge, hypothecation, encumbrance or other transfer of all or any portion of the rights, obligations, or liabilities in or arising from this Agreement to any person or entity, whether by operation of law or otherwise, and regardless of the legal form of the transaction in which the attempted transfer occurs.
19. No Third-Party Beneficiaries Intended. Except as otherwise provided in Section 10, this Agreement is made solely for the benefit of the parties to this Agreement and their respective successors and assigns, and no other person or entity may have or acquire a right by virtue of this Agreement.
20. Waiver. No delay or omission to exercise any right, power or remedy accruing to City under this Agreement shall impair any right, power or remedy of City, nor shall it be construed as a waiver of, or consent to, any breach or default. No waiver of any breach, any failure of a condition, or any right or remedy under this Agreement shall be (1) effective unless it is in writing and signed by the party making the waiver, (2) deemed to be a waiver of, or consent to, any other breach, failure of a condition, or right or remedy, or (3) deemed to constitute a continuing waiver unless the writing expressly so states.
21. Exhibits. Exhibits A and B constitute a part of this Agreement and are incorporated into this Agreement by this reference. If any inconsistency exists or arises between a provision of this Agreement and a provision of any exhibit, the provisions of this Agreement shall control.
22. Entire Agreement. This Agreement and all exhibits referred to in this Agreement constitute the final, complete and exclusive statement of the terms of the agreement between the parties pertaining to the subject matter of this Agreement and supersede all other prior or contemporaneous oral or written understandings and agreements of the parties. No party has been induced to enter into this Agreement by, nor is any party relying on, any representation or warranty except those expressly set forth in this Agreement.
23. Amendment of Agreement. This Agreement may be amended only by a writing signed by both parties. The City Manager is authorized to sign an amendment to this Agreement on the City Council’s behalf and without the City Council’s prior approval to make the following nonsubstantive modifications to the Agreement: (a) name changes; (b) extensions of time; (c) nonmonetary changes in the scope of work; and (d) termination of the Agreement.
24. Headings. The headings in this Agreement are included solely for convenience of reference and shall not affect the interpretation of any provision of this Agreement or any of the rights or obligations of the parties to this Agreement.
25. Word Usage. Unless the context clearly requires otherwise, (a) the words “shall,” “will” and “agrees” are mandatory and “may” is permissive; (b) “or” is not exclusive; and (c) “includes” or “including” are not limiting.
26. Time of the Essence. Time is of the essence in respect to all provisions of this Agreement that specify a time for performance; provided, however, that the foregoing shall not be construed to limit or deprive a party of the benefits of any grace or use period allowed in this Agreement.
27. Governing Law and Choice of Forum. This Agreement, and any dispute arising from the relationship between the parties to this Agreement, shall be governed by and construed in accordance with the laws of the State of California, except that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be applied in interpreting this Agreement. Any dispute that arises under or relates to this Agreement (whether contract, tort or both) shall be resolved in a municipal, superior or federal court with geographic jurisdiction over the City of Covina.
28. Attorneys’ Fees. In any litigation or other proceeding by which on party seeks to enforce its rights under this Agreement (whether in contract, tort or both) or seeks a declaration of any rights or obligations under this Agreement, the prevailing party shall be shall be awarded reasonable attorneys’ fees together with any costs and expenses, to resolve the dispute and to enforce the final judgment.
29. Severability. If a court of competent jurisdiction holds any provision of this Agreement to be illegal, invalid or unenforceable for any reason, the validity of and enforceability of the remaining provisions of this Agreement shall not be affected and continue in full force and effect.
30. Authority to Execute Agreement. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder.
[SIGNATURE PAGE FOLLOWS]
The parties, through their duly authorized representatives, are signing this Agreement on the date stated in the introductory clause.
City:
City of Covina,
a California municipal corporation
By:
Name:
Title:
ATTEST:
By:
Name: Fabian Velez
Title: Chief Deputy City Clerk
Consultant:
CEJ Engineers, Inc
a California corporation
By:
Name: Joaquin Cervantes
Title: President
By:
Name: Joaquin Cervantes
Title: Vice President
(Two signatures of corporate officers required
for corporations under Corporations Code
Section 313, unless corporate documents
authorize only one person to sign this
Agreement on behalf of the corporation.)
EXHIBIT A
APPROVED FEE SCHEDULE/SCOPE OF SERVICES
Engineers ● Surveyors ● Planners
18800 Amar Rd. Suite B13, Walnut CA., 91789 / 626-667-8675 August 5, 2024
CITY OF COVINA
Rafael Fajardo, P.E
City Engineer/Public Works Director
125 East College Street
Covina, CA 91723
SUBJECT: INSPECTION SERVICES FOR COVINA BLVD FRONTAGE BIOSWALES
IMPROVEMENT PROJECT
Dear Mr. Fajardo,
CEJ Engineers is pleased to have the opportunity to submit this proposal for professional engineering services related to the City’s Project. CEJ Engineers specializes in street improvement and public works projects. Our staff has extensive experience in preparing street construction plans, drainage studies, utility coordination, and preparing PS&E for various projects in accordance with local and regional standards and policies.
Our key personnel have more than 30 years of experience in working and communicating with a wide spectrum of relevant public agencies throughout Orange County and Los Angeles County. CEJ’s personnel have provided professional consulting services to cities, special districts, and other governmental agencies within Southern California and Caltrans. CEJ is dedicated to professional quality and technical excellence through a proactive QA/QC program.
The CEJ team will provide services for the aspects required for this project as per the scope of work.
The following Exhibits are enclosed:
Exhibit A – Scope of work
We believe the CEJ Team provides the right combination of experienced staff, project understanding, and local knowledge to successfully assist the City of Covina with Engineering Services. Please feel free to contact us to discuss any aspects of this proposal or to arrange for an interview at (626) 667-8675 or at jcervantes@cejeng.com.
Respectfully Submitted,
Joaquin Cervantes, P.E.
Principal
CEJ Engineers, Inc.
18800 Amar Rd., Suite B13
Walnut CA 91789
INSPECTION SERVICES FOR COVINA BLVD FRONTAGE BIOSWALES IMPROVEMENT PROJECT Pg. 2
Exhibit A
SCOPE OF WORK
CEJ will provide Project management and Inspection services for the stop sign installation project as indicated on City Specifications to commence on or about August 15, 2024. Scope of project: Frontage Bioswales. The major tasks include the following:
Perform Quality Assurance monitoring, Daily Inspections, and surveillance of the Construction Contractors activities to assure compliance with the design criteria and requirements and the Construction Contractors Project Plans.
1. Review construction document transmittals, i.e. shop drawings, Requests for Information, Requests for Change Orders, etc., submitted by the Construction Contractors prior to incorporation into the work;
2. Attend regular progress review meetings with the Construction Contractors to ascertain job progress and identify and resolve problems;
3. Respond to all of the Construction Contractors' Requests for Information;
4. Maintain shop drawings logs, tracking the date submitted by the Construction Contractors, date returned to the Construction Contractors.
5. Process plans and shop drawings submittals in a timely manner and stamp acceptable documents “Released For Construction”.
6. Maintain Request for Information Logs and Request for Change Order Logs, tracking the data submitted by the Construction Contractors and date returned to the Construction Contractors;
7. Respond to every notice of potential claim received from the Construction Contractors and take all steps necessary to mitigate delays and damages;
8. Analyze all of the Construction Contractors' claims and make recommendations for possible resolutions;
9. Maintain an accurate and current record of daily construction progress. Such record shall include daily reports, Resident Engineer's diary, use of photographs, minutes of all meetings and correspondence files;
10. Collect all Quality Assurance records including As-Built drawings, test reports, As-Built drawings (final revisions) shall be supplied by the Construction Contractors based on the as built conditions.
INSPECTION SERVICES FOR COVINA BLVD FRONTAGE BIOSWALES IMPROVEMENT PROJECT Pg. 3
Exhibit B
Proposed Fee
Proposed Lump sum fee to not exceed $24,960.00
CLIENT: City of Covina CEJ Engineers Inc
PROJ: Covina Blvd Frontage Biolswales
JOB NO: SUMMARY PROPOSAL FEE
DATE: 07/22/24
LABOR Task 1 CONSTRUCTION OVERSIGHT
Class Position/Name Hours Rate Subtotal
B Construction Manager 12.0 $160 $1,920
Subtotal $1,920
LABOR Task 2 INSPECTION SERVICES
B Senior Public Works Observer 192 $120 $23,040
Subtotal $23,040
Note:
Time Estimation based on a 30-DAY Project Schedule
PROPOSED FEE
PROPOSED FEE: $24,960
Proposal By / Project Manager: Joaquin Cervantes, P.E
EXHIBIT B
CALIFORNIA LABOR CODE COMPLIANCE
(Labor Code §§ 1720 et seq., 1813, 1860, 1861, 3700)
If this Agreement calls for services that, in whole or in part, constitute “public works” as defined in the California Labor Code, then:
1. This Agreement is subject to the provisions of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works and the awarding public agency (“City”) and Consultant agrees to be bound by all the provisions thereof as though set forth in full herein.
2. Consultant shall be registered with the Department of Industrial Relations (“DIR”) in accordance with California Labor Code Section 1725.5 and has provided proof of registration to City prior to the Effective Date of this Agreement.
3. Consultant shall comply with the provisions of California Labor Code Sections 1771, 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The applicable prevailing wage determination(s) may be obtained at (http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm), are on file with City, and are available to any interested party upon request. Consultant shall, as a penalty to City, forfeit not more than two-hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for any public work done under this Agreement by Consultant or by any subcontractor.
4. Pursuant to California Labor Code Section 1771.4, Consultant’s services are subject to compliance monitoring and enforcement by the Department of Industrial Relations.
Consultant shall post job site notices as prescribed by DIR regulations and agrees to furnish the records specified in California Labor Code Section 1776 directly to the Labor Commissioner in the manner prescribed by California Labor Code Section 1771.4(a)(3) and (c)(2).
5. Consultant shall comply with the provisions of California Labor Code Section 1776 which, among other things, require Consultant and each subcontractor to: (1) keep accurate payroll records, (2) certify and make such payroll records available for inspection as provided by Section 1776, and (3) inform City of the location of the records. Consultant is responsible for compliance with Section 1776 by itself and all of its subcontractors.
6. Consultant shall comply with the provisions of California Labor Code Section 1777.5 concerning the employment of apprentices on public works projects, and further agrees that Consultant is responsible for compliance with Section 1777.5 by itself and all of its subcontractors.
7. Consultant shall comply with the provisions of California Labor Code Section 1813 concerning penalties for workers who work excess hours. Consultant shall, as a penalty to City, forfeit twenty-five dollars ($25) for each worker employed in the execution of this Agreement by Consultant or by any subcontractor for each calendar day during which such
worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the California Labor Code.
8. California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Consultant hereby certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this Agreement.”
Date _______________ Signature ____________________________________
CC Regular Meeting
AGENDA ITEM REPORT
ITEM NO. CC 7
Meeting: August 20, 2024
Title: Tactical Entry Vest Replacement
Presented by: David Povero, Chief of Police
Recommendation: 1. Approve the Purchase of Tactical Vest in the amount of $64,403; and
2. Approve the waiving of competitive bid/purchasing requirements under Municipal Code 2.20.080.
EXECUTIVE SUMMARY:
Formed in 2001, the Covina Police Department’s Special Response Team (SRT) is comprised of specially trained officers that facilitate safe resolutions to dangerous law enforcement incidents. The SRT includes a police lieutenant, two sergeants and twelve operators. Each member of the SRT is assigned tactical gear for operations, including vitally important personal safety gear. The ballistic tactical vests used by the SRT were purchased in September 2019 and include a 5-year warranty that will expire next month. As proposed, the City Council will consider replacing this tactical safety gear under a sole source agreement with Aardvark and Safariland. The proposed replacement model qualifies for reimbursement as part of the Department’s Bulletproof Vest Project (BVP) grant provided through the United States Department of Justice.
DISCUSSION:
The SRT’s existing tactical entry vests are nearing the end of their useful life. As such, SRT team members have evaluated replacement alternatives and has selected the Project7 model that is manufactured by Aardvark Tactical and Safariland. The proposed replacement model is utilized by the Los Angeles Sheriff’s Department Special Enforcement Bureau and is known for its biomechanically correct design that offers superior tactical armor, in combination with a comfortable, flexible, lightweight-athletic design. Features of the TRV include:
Ultralight level IIIA ballistics
Level III rifle plates
Scalable soft ballistic options to cover the throat, shoulders, and groin areas Molle system gear pouches
TRV was recommended by SRT due to its coverage, maneuverability, and versatility. The cost to replace fourteen (14) vests and rifle plates is $64,403. As proposed, the Police Department will utilize existing grant funding provided through the United States Department of Justice’s Bulletproof Vest Project (BVP).
Because the tactical vest is a unique product made available by a sole manufacturer, it is requested that the City Council consider waiving competitive bid requirements per Municipal Code 2.20.080 Sections B. This section states that non-competitive proposals may be made only when at least one of the following circumstances applies:
1) The supply, service or equipment is available from only one source; 2) The public exigency or emergency for the supply, service or equipment will not permit a delay resulting from competitive solicitation; and 3) After solicitation of a number of sources, competition is determined inadequate. Sections B1 & B2 apply in this situation.
FISCAL IMPACT:
Fund are available in the FY 2024-25 Police Department Budget under 1010 PT02 54350.
CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):
Not applicable.
Respectfully submitted,
CC Regular Meeting
AGENDA ITEM REPORT
ITEM NO. CC 8
Meeting: August 20, 2024
Title: Traffic Signal Installation Project – 4th Avenue and Badillo Street – Project No. T2501 – Award of Contract to PTM General Engineering Services, Inc. for an Amount of $746,046 Presented by: Rafael M. Fajardo, Interim Director of Public Works/City Engineer Recommendation: 1. Approve plans and specifications for the Traffic Signal Installation Project – 4th Avenue and Badillo Street – Project No. T2501;
2. Award a contract for the Traffic Signal Installation Project – 4th Avenue and Badillo Street – Project No. T2501 to PTM General Engineering Services, Inc. as the lowest responsive and responsible bidder in an amount of $746,046 and authorize the City Manager to execute the contract;
3. Authorize project contingency amount of $75,000 for any unforeseen construction expenses; and
4. Approve a Professional Services Agreement (PSA) between the City of Covina and Siterep, Inc for Construction Management and Inspection Services and authorize the City Manager to execute the PSA.
EXECUTIVE SUMMARY/BACKGROUND:
As part of the City’s Fiscal Year 2024-2025 Capital Improvement Program, the City Council approved the “Traffic Signal Installation Project – 4
th Avenue and Badillo Street Project No. T2501”, which consists of the installation of a new traffic signal at the intersection of 4th Avenue and Badillo Street across from Covina Park.
Following a public bidding process, it has been determined that the lowest responsive and responsible bidder for the project is PTM General Engineering Services, Inc. As such, it is recommended a contract be awarded for the Traffic Signal Installation Project – 4
th Avenue and Badillo Street to PTM General Engineering Services, Inc. as the lowest responsive and responsible bidder in an amount of $746,046 and authorize the City Manager to execute the contract.
DISCUSSION:
The Department of Public Works received several requests from residents for the installation of traffic calming improvements at Badillo Street and 4th Avenue. The Department’s Engineering Division conducted a traffic impact analysis and concluded that the intersection met the requisite warrant for installation of a traffic signal.
A Notice Inviting Bids was published in the San Gabriel Valley Examiner on Thursday, June 20th, 27th, July 4th & 11th 2024. Sealed bids were accepted in the Office of the City Clerk until 10:00 am on Tuesday, July 16th, 2024.
Beginning at 10:00 a.m. on July 16th, 2024, the City Clerk publicly opened and read one (1) sealed bid with the following result:
Rank Bidder Location Total Base Bid
Amount
1 PTM General Engineering Services, Inc. Riverside, CA $746,046
Staff has reviewed all bid documents for compliance and has evaluated the contractor’s professional background and recently completed projects for competency. As a result, staff recommends a contract award to PTM Engineering Services, Inc. given that this firm has completed a significant number of projects for municipalities including the City of Covina.
FISCAL IMPACT:
The Traffic Signal Installation Project - 4
th Avenue and Badillo Street is included in the adopted Fiscal Year 2024- 2025 Capital Improvement Program with a total allocation of $900,000 from the Prop C – Account No. 2405- 2200-55340-T2501.
Following is a summary of anticipated project expenses:
PROJECT EXPENSES
Description Amount
Base Bid (PTM General Engineering Services, Inc.) $746,046 Contingency Allowance $75,000
Total Contract Amount $821,046
Construction Management (Siterep Construction Services, Inc.) $35,000 Total Fiscal Impact $856,046
CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):
This project has been determined to be categorically exempt under CEQA in accordance with Title 14, Chapter 3, Class 1, Sections 15301 and 15302. This exemption includes the minor alteration of existing public facilities involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination.
The project involves negligible or no expansion of an existing use.
Respectfully submitted,
ATTACHMENT A
CONTRACT
CITY OF COVINA CONTRACT FOR
TRAFFIC SIGNAL INSTALLATION PROJECT – 4
TH AVENUE AND
BADILLO STREET – PROJECT NO. T2501
THIS CONTRACT (“Contract”) is made and entered this 20th day of August, 2024 (“Effective Date”), by and between the CITY OF COVINA, a California municipal corporation (“City”) and PTM General Engineering Services, Inc a California corporation (“Contractor”). Contractor’s California State Contractor’s license number is 891265; Class A, C-10. Contractor’s DIR registration number is 1000001433.
In consideration of the mutual covenants hereinafter set forth, the parties hereto agree as follows:
1. Contract Documents. The Contract Documents consist of this Contract, the Notice Inviting Bids, Instructions to Bidders, Bid (including documentation accompanying the Bid and any postBid documentation submitted before the Notice of Award), the Bonds, permits from regulatory agencies with jurisdiction, General Provisions, Special Provisions, Plans, Standard Plans, Standard Specifications, Reference Specifications, Addenda, Change Orders, and Supplemental Agreements. The Contract Documents are attached hereto and incorporated herein by reference.
In the event of any conflict between the terms of this Contract and any incorporated documents, the terms of this Contract shall control.
2. Scope of Services. Contractor shall perform the Work in a good and workmanlike manner for the project identified as Traffic Signal Installation Project – 4 th Avenue and Badillo Street –
Project No. T2501 (“Project”), as described in this Contract and in the Contract Documents.
3. Compensation. In consideration of the services rendered hereunder, City shall pay Contractor an amount not to exceed Seven Hundred and Forty Six Thousand and Forty Six Dollars ($746,046) in accordance with the prices as submitted in the Bid, attached hereto as Exhibit “A” and incorporated herein by this reference.
4. Incorporation by Reference. All of the following documents are attached hereto and incorporated herein by this reference: Workers’ Compensation Certificate of Insurance, Additional Insured Endorsement (Comprehensive General Liability), Additional Insured Endorsement (Automobile Liability), and Additional Insured Endorsement (Excess Liability).
5. Antitrust Claims. In entering into this Contract, Contractor offers and agrees to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. § 15) or under the Cartwright Act (Cal. Bus. & Prof. Code, § 16700 et seq.) arising from purchases of goods, services, or materials pursuant to the Contract. This assignment shall be made and become effective at the time City tenders final payment to Contractor without further acknowledgment by the parties.
6. Prevailing Wages. City and Contractor acknowledge that the Project is a public work to which prevailing wages apply.
7. Workers’ Compensation. California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, by signing this Contract,
the Contractor certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Contract.”
8. Trenches and Other Excavations. If this Project involves the digging trenches or other excavations that will extend deeper than four (4) feet below the surface, Contractor shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: (1) material that Contractor believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law; (2) subsurface or latent physical conditions at the site differing from those indicated by information about the site made available to proposers prior to the deadline for submitting proposals; and (3) unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Contract.
9. Titles. The titles used in this Contract are for convenience only and shall in no way define, limit or describe the scope or intent of this Contract or any part of it.
10. Authority. Any person executing this Contract on behalf of Contractor warrants and represents that he or she has the authority to execute this Contract on behalf of Contractor and has the authority to bind Contractor to the performance of its obligations hereunder.
11. Entire Agreement. This Contract, including the Contract Documents and any other documents incorporated herein by specific reference, represents the entire and integrated agreement between City and Contractor. This Contract supersedes all prior oral or written negotiations, representations or agreements. This Contract may not be modified or amended, nor any provision or breach waived, except in a writing signed by both parties that expressly refers to this Contract.
12. Counterparts. This Contract may be executed in counterpart originals, duplicate originals, or both, each of which is deemed to be an original for all purposes.
IN WITNESS WHEREOF, the parties hereto have executed the Contract the day and year first above written.
[SIGNATURE PAGE FOLLOWS]
CITY OF COVINA
By:
City Manager
ATTEST:
By:
Chief Deputy City Clerk
Dated:
(“CONTRACTOR”)
By:
Printed Name:
Title:
By:
Printed Name:
Title:
EXHIBIT A
EXHIBIT B
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS that:
WHEREAS the City of Covina (“City”), has awarded to
(“Principal”)
(Name and address of Contractor)
a contract (the “Contract”) for the Work described as follows:
TRAFFIC SIGNAL INSTALLATION PROJECT – 4
TH AVENUE AND BADILLO STREET –
PROJECT NO. T2501
(Project Description/ Name)
WHEREAS, Principal is required under the terms of the Contract to furnish a Bond for the faithful performance of the Contract.
NOW, THEREFORE, we, the undersigned Principal, and
(Name and address of Surety)
(“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the City in the penal sum of
Dollars ($ ), this
amount being not less than the total Contract Price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors executors and administrators, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the Contract and any alteration thereof made as therein provided, on the Principal’s part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surety hereby waives any statute of limitations as it applies to an action on this Bond.
The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or of the Work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations under this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the specifications.
Surety hereby waives the provisions of California Civil Code Sections 2845 and 2849. The City is the principal beneficiary of this Bond and has all rights of a party hereto.
IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body.
Dated:
“Principal”
By:
Its
By:
Its
(Seal)
“Surety”
By:
Its
By:
Its
(Seal)
Note: This Bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. DATE OF BOND MUST NOT BE BEFORE DATE OF CONTRACT. IF CONTRACTOR IS A PARTNERSHIP, ALL PARTNERS MUST EXECUTE BOND. DATE OF BOND MUST NOT BE PRIOR TO DATE OF CONTRACT. Surety companies executing Bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located.
EXHIBIT C
PAYMENT BOND
(LABOR AND MATERIALS)
KNOW ALL PERSONS BY THESE PRESENTS that:
WHEREAS the City of Covina (“City”), has awarded to
(“Principal”)
(Name and address of Contractor)
a contract (the “Contract”) for the Work described as follows:
TRAFFIC SIGNAL INSTALLATION PROJECT – 4
TH AVENUE AND BADILLO STREET –
PROJECT NO. T2501
(Project Description/Name)
WHEREAS, under the terms of the Contract, the Principal is required before entering upon the performance of the Work, to file a good and sufficient payment Bond with the City to secure the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code.
NOW, THEREFORE, we, the undersigned Principal, and
(Name and address of Surety)
(“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the City and all contractors, subcontractors, laborers, material suppliers, and other persons employed in the performance of the Contract and referred to in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the penal sum of Dollars
($ ), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this Work or labor, that the Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this Bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by City in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.
It is hereby expressly stipulated and agreed that this Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this Bond.
Upon expiration of the time within which the California Labor Commissioner may serve a civil wage and penalty assessment against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1741, and upon expiration of the time within which a joint labor management committee may commence an action against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1771.2, if the condition of this Bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect.
The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract or the Specifications accompanying the same shall in any manner affect its obligations on this Bond, and it does hereby waive notice of any such change, extension, alteration or addition.
IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body.
Dated:
“Principal”
By:
Its
By:
Its
(Seal)
“Surety”
By:
Its
By:
Its
(Seal)
Note: This Bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. DATE OF BOND MUST NOT BE BEFORE DATE OF CONTRACT. IF CONTRACTOR IS A PARTNERSHIP, ALL PARTNERS MUST EXECUTE BOND. DATE OF BOND MUST NOT BE PRIOR TO DATE OF CONTRACT. Surety companies executing Bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located.
ATTACHMENT B
PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement (“Agreement”) is dated August 20, 2024 (“Effective Date”) and is between the City of Covina, a California municipal corporation (“City”) and Siterep Construction Services, Inc., a California corporation (“Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.
RECITALS
A. City desires to utilize the services of Consultant as an independent contractor for inspection services on the Traffic Signal Installation Project – 4th Avenue and Badillo Street – Project No. T2501.
B. Consultant represents that it is fully qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees.
C. City desires to retain Consultant and Consultant desires to serve City to perform these services in accordance with the terms and conditions of this Agreement.
The parties therefore agree as follows:
1. Term of Agreement. The term of this Agreement shall be from the Effective Date through June 30, 2024, unless sooner terminated as provided in Section 14 of this Agreement.
2. Compensation.
A. Compensation. As full compensation for Consultant’s services provided under this Agreement, City shall pay Consultant a sum not to exceed Thirty Five Thousand Dollars ($35,000) (the “maximum compensation”), based on the hourly rates set forth in the Approved Fee Schedule, attached hereto as Exhibit A. Any terms in Exhibit A, other than the payment rates and B. Expenses. The amount set forth in paragraph A shall include reimbursement for all actual and necessary expenditures reasonably incurred in the performance of this Agreement.
C. Additional Services. City shall not allow any claims for additional services performed by Consultant, unless the City Council and the Consultant Representative authorize the additional services in writing prior to Consultant’s performance of the additional services or incurrence of additional expenses. Any additional services or expenses authorized by the City Council shall be compensated at the rates set forth in Exhibit A, or, if not specified, at a rate mutually agreed to by the parties. City shall make payment for additional services and expenses in accordance with Section 4 of this Agreement.
3. Consultant’s Services.
A. Scope of Services. Consultant shall perform the services described in the Scope of Services, attached as Exhibit B. City may request, in writing, changes in the scope of services to be performed. Any changes mutually agreed upon by the parties, and any increase or decrease in compensation, shall be incorporated by written amendments to this Agreement.
ATTACHMENT C
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 Andre Ortiz, President (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 G. Permits and Licenses. Consultant shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the provision of services under this Agreement, including a business license.
4. Method of Payment.
A. Invoices. Consultant shall submit to City an invoice, on a monthly basis or less frequently, for actual services performed pursuant to this Agreement. Each invoice shall itemize the services rendered during the billing period, hourly rates charged, if applicable, and the amount due. If City disputes any of Consultant's fees, it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice.
B. Payment. City shall pay all undisputed invoice amounts within thirty (30) calendar days after receipt up to the maximum compensation set forth in Section 2 of this Agreement. City shall not withhold federal payroll, state payroll or other taxes, or other similar deductions, from payments made to Consultant. For all reimbursements authorized by this Agreement, Consultant shall provide receipts on all reimbursable expenses in excess of Fifty Dollars ($50) in such form as approved by the Administrative Services Director.
C. Audit of Records. Consultant shall make all records, invoices, time cards, cost control sheets and other records maintained by Consultant in connection with this agreement available during Consultant’s regular working hours to City for review and audit by City.
5. Ownership of Documents. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed (“written products”) pursuant to this Agreement shall become the sole property of the City without restriction or limitation upon its use and may be used, reused, disseminated or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. Consultant may take and retain copies of the written products as desired, but the written products shall not be the subject of a copyright application by Consultant.
6. Independent Contractor.
A. Consultant is, and shall at all times remain as to City, a wholly independent contractor and not an employee of City. The personnel performing the services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant’s employees. Consultant shall not, at any time, or in any manner, represent that it or any of its officers, agents or employees are in any manner employees of City. Consultant and Consultant’s personnel shall not supervise any of City’s employees; and City’s employees shall not supervise Consultant’s personnel. Consultant’s personnel shall not wear or display any City uniform, badge, identification number, or other information identifying such individual as an employee of City; and Consultant’s personnel shall not use any City e-mail address or City telephone number in the performance of any of the services under this Agreement. Consultant shall acquire and maintain, at its sole cost and expense, such vehicles, equipment, and supplies as Consultant’s personnel require to perform any of the services required by this Agreement. Consultant shall perform the services off of City premises at locations of Consultant’s choice, except as otherwise may from time to time be necessary in order for Consultant’s personnel to receive projects from City, review plans on file at City, pick up or deliver any work product related to Consultant’s performance of the services under this Agreement, or as may be necessary to inspect or visit City locations and/or private property to perform the services.
City may make a computer available to Consultant from time to time for Consultant’s personnel to obtain information about or to check on the status of projects pertaining to the services under this Agreement.
B. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. Consultant shall be responsible for and pay all wages, salaries, benefits and other amounts due to Consultant’s personnel in connection with their performance of the services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such
additional personnel, including, but not limited to: Social Security taxes, other retirement or pension benefits, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. Notwithstanding any other agency, state, or federal policy, rule, regulation, statute or ordinance to the contrary, Consultant and any of its officers, employees, agents, and subcontractors providing any of the services under this Agreement shall not become entitled to, and hereby waive any claims to, any wages, salaries, compensation, benefit or any incident of employment by City, including, but not limited to, eligibility to enroll in, or reinstate to membership in, the California Public Employees Retirement System (“PERS”) as an employee of City, and entitlement to any contribution to be paid by City for employer contributions or employee contributions for PERS benefits.
C. Consultant shall indemnify and hold harmless City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs, and expenses of any nature to the extent arising from, caused by, or relating to Consultant’s personnel practices. or to the extent arising from, caused by, or relating to the violation of any of the provisions of this Section
6. In addition to all other remedies available under law, City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this Section 6. This duty of indemnification is in addition to Consultant’s duty to defend, indemnify, and hold harmless as set forth in any other provision of this Agreement.
7. PERS Compliance and Indemnification.
A. General Requirements. The parties acknowledge that City is a local agency member of PERS, and as such has certain pension reporting and contribution obligations to PERS on behalf of qualifying employees. Consultant agrees that, in providing its employees and any other personnel to City to perform the services under this Agreement, Consultant shall assure compliance with the Public Employees’ Retirement Law, commencing at Government Code Section 20000, the regulations of PERS, and the Public Employees’ Pension Reform Act of 2013, as amended. Without limitation to the foregoing, Consultant shall assure compliance with regard to personnel who have active or inactive membership in PERS and to those who are retired annuitants and in performing this Agreement shall not assign or utilize any of its personnel in a manner that will cause City to be in violation of the applicable retirement laws and regulations.
B. Indemnification. Consultant shall defend (with legal counsel approved by City, whose approval shall not be unreasonably withheld), indemnify, and hold harmless City, and its City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs, and expenses of any nature to the extent arising from, caused by, or relating to Consultant’s violation of any provisions of this Section 7. This duty of indemnification is in addition to Consultant’s duty to defend, indemnify, and hold harmless as set forth in any other provision of this Agreement.
8. Confidentiality. All data, documents, discussion, or other information (collectively “data”) developed or received by Consultant or provided for performance of this Agreement are deemed confidential. Consultant shall keep all data confidential and shall not disclose any data to any person or entity without City’s prior written consent. City shall grant such consent if
disclosure is legally required. Consultant shall return all data to City upon the expiration or termination of this Agreement. Consultant’s covenant under this Section 8 shall survive the expiration or termination of this Agreement.
9. Conflicts of Interest. Consultant and its officers, employees, associates and subcontractors, if any, shall comply with all conflict of interest statutes of the State of California applicable to Consultant’s services under this Agreement, including the Political Reform Act (Gov.
Code, § 81000 et seq.) and Government Code Section 1090. During the term of this Agreement, Consultant may perform similar services for other clients, but Consultant and its officers, employees, associates and subcontractors shall not, without the City Representative’s prior written approval, perform work for another person or entity for whom Consultant is not currently performing work that would require Consultant or one of its officers, employees, associates or subcontractors to abstain from a decision under this Agreement pursuant to a conflict of interest statute. Consultant shall incorporate a clause substantially similar to this Section 9 into any subcontract that Consultant executes in connection with the performance of this Agreement.
10. Indemnification.
A. Indemnities for Third Party Claims.
1) To the fullest extent permitted by law, Consultant shall, at its sole cost and expense, defend, hold harmless and indemnify City and its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively “Indemnitees”), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens and losses of any nature whatsoever, including fees of accountants, attorneys or other professionals, and all costs associated therewith, and the payment of all consequential damages (collectively “Liabilities”), in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant, its officers, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the parties. Consultant shall defend the Indemnitees in any action or actions filed in connection with any Liability with counsel of the Indemnitees’ choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs actually incurred in connection with such defense. Consultant shall reimburse the Indemnitees for any and all legal expenses and costs incurred by Indemnitees in connection therewith. 2) Consultant shall pay all required taxes on amounts paid to Consultant under this Agreement, and indemnify and hold City harmless from any and all taxes, assessments, penalties and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Consultant shall fully comply with the workers’ compensation law regarding Consultant and Consultant’s employees. Consultant shall indemnify and hold City harmless from any failure of Consultant to comply with applicable workers’ compensation laws.
City may offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this Subparagraph A. 2).
3) Consultant shall obtain executed indemnity agreements with provisions identical to those in this Section 10 from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. If Consultant fails to obtain such indemnity obligations, Consultant shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Liabilities in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant’s subcontractor, its officers, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that Consultant’s subcontractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the parties.
B. Workers’ Compensation Acts not Limiting. Consultant’s indemnifications and obligations under this Section 10, or any other provision of this Agreement, shall not be limited by the provisions of any workers’ compensation act or similar act. Consultant expressly waives its statutory immunity under such statutes or laws as to City, its officers, agents, employees and volunteers.
C. Insurance Requirements not Limiting. City does not, and shall not, waive any rights that it may possess against Consultant because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. The indemnities in this Section 10 shall apply regardless of whether or not any insurance policies are determined to be applicable to the Liability, tax, assessment, penalty or interest asserted against City.
D. Survival of Terms. Consultant’s indemnifications and obligations under this Section 10 shall survive the expiration or termination of this Agreement.
11. Insurance.
A. Minimum Scope and Limits of Insurance. Consultant shall procure and at all times during the term of this Agreement carry, maintain, and keep in full force and effect, insurance as follows:
1) Commercial General Liability Insurance with a minimum limit of Two Million Dollars ($2,000,000) per occurrence for bodily injury, personal injury and property damage and a general aggregate limit of Four Million Dollars ($4,000,000) per project or location.
If Consultant is a limited liability company, the commercial general liability coverage shall be amended so that Consultant and its managers, affiliates, employees, agents and other persons necessary or incidental to its operation are insureds.
2) Automobile Liability Insurance for any owned, non-owned or hired vehicle used in connection with the performance of this Agreement with a combined single limit of Two Million Dollars ($2,000,000) per accident for bodily injury and property damage. If Consultant does not use any owned, non-owned or hired vehicles in the performance of services under this Agreement, Consultant shall obtain a non-owned auto endorsement to the Commercial General Liability policy required under Subparagraph A. 1) of this Section 11.
3) Workers’ Compensation Insurance as required by the State of California and Employer’s Liability Insurance with a minimum limit of One Million Dollars ($1,000,000) per accident for bodily injury or disease. If Consultant has no employees while performing services under this Agreement, workers’ compensation policy is not required, but Consultant shall provide an executed declaration that it has no employees. 4) Professional Liability Insurance with minimum limits of Two Million Dollars ($2,000,000) per claim and in aggregate.
B. Acceptability of Insurers. The insurance policies required under this Section 11 shall be issued by an insurer admitted to write insurance in the State of California with a rating of A:VII or better in the latest edition of the A.M. Best Insurance Rating Guide. Self-insurance shall not be considered to comply with the insurance requirements under this Section 11.
C. Additional Insured. The commercial general and automobile liability policies shall contain an endorsement naming the City, its officers, employees, agents and volunteers as additional insureds.
D. Primary and Non-Contributing. The insurance policies required under this Section 11 shall apply on a primary non-contributing basis in relation to any other insurance or selfinsurance available to City. Any insurance or self-insurance maintained by City, its officers, employees, agents or volunteers, shall be in excess of Consultant’s insurance and shall not contribute with it.
E. Consultant’s Waiver of Subrogation. The insurance policies required under this Section 11 shall not prohibit Consultant and Consultant’s employees, agents or subcontractors from waiving the right of subrogation prior to a loss. Consultant hereby waives all rights of subrogation against City.
F. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be approved by City. At City’s option, Consultant shall either reduce or eliminate the deductibles or self-insured retentions with respect to City, or Consultant shall procure a bond guaranteeing payment of losses and expenses.
G. Cancellations or Modifications to Coverage. Consultant shall not cancel, reduce or otherwise modify the insurance policies required by this Section 11 during the term of this Agreement. The commercial general and automobile liability policies required under this Agreement shall be endorsed to state that should the issuing insurer cancel the policy before the expiration date, the issuing insurer will endeavor to mail thirty (30) calendar days’ prior written notice to City. If any insurance policy required under this Section 11 is canceled or reduced in coverage or limits, Consultant shall, within two (2) business days of notice from the insurer, phone, fax or notify City via certified mail, return receipt requested, of the cancellation of or changes to the policy.
H. City Remedy for Noncompliance. If Consultant does not maintain the policies of insurance required under this Section 11 in full force and effect during the term of this Agreement, or in the event any of Consultant’s policies do not comply with the requirements under this Section 11, City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may, but has no duty to, take out the necessary insurance and pay, at
Consultant’s expense, the premium thereon. Consultant shall promptly reimburse City for any premium paid by City or City may withhold amounts sufficient to pay the premiums from payments due to Consultant.
I. Evidence of Insurance. Prior to the performance of services under this Agreement, Consultant shall furnish City’s Risk Manager with a certificate or certificates of insurance and all original endorsements evidencing and effecting the coverages required under this Section 11. The endorsements are subject to City’s approval. Consultant may provide complete, certified copies of all required insurance policies to City. Consultant shall maintain current endorsements on file with City’s Risk Manager. Consultant shall provide proof to City’s Risk Manager that insurance policies expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Consultant shall furnish such proof at least two (2) weeks prior to the expiration of the coverages.
J. Indemnity Requirements not Limiting. Procurement of insurance by Consultant shall not be construed as a limitation of Consultant’s liability or as full performance of Consultant’s duty to indemnify City under Section 10 of this Agreement.
K. Subcontractor Insurance Requirements. Consultant shall require each of its subcontractors that perform services under this Agreement to maintain insurance coverage that meets all of the requirements of this Section 11.
12. Mutual Cooperation.
A. City’s Cooperation. City shall provide Consultant with all pertinent data, documents and other requested information as is reasonably available for Consultant’s proper performance of the services required under this Agreement.
B. Consultant’s Cooperation. In the event any claim or action is brought against the City relating to Consultant’s performance or services rendered under this Agreement, Consultant shall render any reasonable assistance that City requires.
13. Records and Inspections. Consultant shall maintain full and accurate records with respect to all matters covered under this Agreement for a period of five (5) years. Consultant shall, without charge, provide City with access to the records during normal business hours. City may examine and audit the records and make transcripts therefrom, and inspect all program data, documents, proceedings and activities.
14. Termination or Suspension of Agreement.
A. Right to Terminate or Suspend. City may terminate or suspend this Agreement at any time, at will, for any reason or no reason, after giving written notice to Consultant at least seven (7) calendar days before the termination or suspension is to be effective. Consultant may terminate this Agreement at any time, at will, for any reason or no reason, after giving written notice to City at least sixty (60) calendar days before the termination is to be effective.
B. Obligations upon Termination. Consultant shall cease all work under this Agreement on or before the effective date of termination specified in the notice of termination. In the event of City’s termination of this Agreement due to no fault or failure of performance by
Consultant, City shall pay Consultant based on the percentage of work satisfactorily performed up to the effective date of termination. In no event shall Consultant be entitled to receive more than the amount that would be paid to Consultant for the full performance of the services required by this Agreement.
15. Force Majeure. Consultant shall not be liable for any failure to perform its obligations under this Agreement if Consultant presents acceptable evidence, in City’s sole judgment, that such failure was due to strikes, lockouts, labor disputes, embargoes, acts of God, inability to obtain labor or materials or reasonable substitutes for labor or materials, governmental restrictions, governmental regulations, governmental controls, judicial orders, enemy or hostile governmental action, civil commotion, fire or other casualty, or other causes beyond Consultant’s reasonable control and not due to any act by Consultant.
16. Notices. Any notices, consents, requests, demands, bills, invoices, reports or other communications which either party may desire to give to the other party under this Agreement must be in writing and conclusively deemed effective: (a) on personal delivery, (b) on confirmed delivery by reputable document delivery service or courier service during Consultant’s and City's regular business hours, or (c) five business days after deposit in the United States mail, by first class mail, postage prepaid, and addressed to the party to be notified as set forth below:
If to City: If to Consultant:
Attn: Public Works, Engineering Attn: Andre Ortiz
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, Consultant shall not discriminate against any employee, subcontractor or applicant for employment because of race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information, sexual orientation or other basis prohibited by law.
Consultant will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment, without regard to their race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information or sexual orientation.
18. Prohibition of Assignment and Delegation. Consultant shall not assign any of its rights or delegate any of its duties under this Agreement, either in whole or in part, without City’s prior written consent. City’s consent to an assignment of rights under this Agreement shall not release Consultant from any of its obligations or alter any of its primary obligations to be performed under this Agreement. Any attempted assignment or delegation in violation of this Section 18 shall be void and of no effect and shall entitle City to terminate this Agreement. As used in this Section 18, “assignment” and “delegation” means any sale, gift, pledge, hypothecation, encumbrance or other transfer of all or any portion of the rights, obligations, or liabilities in or arising from this Agreement to any person or entity, whether by operation of law or otherwise, and regardless of the legal form of the transaction in which the attempted transfer occurs.
19. No Third-Party Beneficiaries Intended. Except as otherwise provided in Section 10, this Agreement is made solely for the benefit of the parties to this Agreement and their respective successors and assigns, and no other person or entity may have or acquire a right by virtue of this Agreement.
20. Waiver. No delay or omission to exercise any right, power or remedy accruing to City under this Agreement shall impair any right, power or remedy of City, nor shall it be construed as a waiver of, or consent to, any breach or default. No waiver of any breach, any failure of a condition, or any right or remedy under this Agreement shall be (1) effective unless it is in writing and signed by the party making the waiver, (2) deemed to be a waiver of, or consent to, any other breach, failure of a condition, or right or remedy, or (3) deemed to constitute a continuing waiver unless the writing expressly so states.
21. Exhibits. Exhibits A, & B constitute a part of this Agreement and are incorporated into this Agreement by this reference. If any inconsistency exists or arises between a provision of this Agreement and a provision of any exhibit, the provisions of this Agreement shall control.
22. Entire Agreement. This Agreement and all exhibits referred to in this Agreement constitute the final, complete and exclusive statement of the terms of the agreement between the parties pertaining to the subject matter of this Agreement and supersede all other prior or contemporaneous oral or written understandings and agreements of the parties. No party has been induced to enter into this Agreement by, nor is any party relying on, any representation or warranty except those expressly set forth in this Agreement.
23. Amendment of Agreement. This Agreement may be amended only by a writing signed by both parties. The City Manager is authorized to sign an amendment to this Agreement on the City Council’s behalf and without the City Council’s prior approval to make the following nonsubstantive modifications to the Agreement: (a) name changes; (b) extensions of time; (c) nonmonetary changes in the scope of work; and (d) termination of the Agreement.
24. Headings. The headings in this Agreement are included solely for convenience of reference and shall not affect the interpretation of any provision of this Agreement or any of the rights or obligations of the parties to this Agreement.
25. Word Usage. Unless the context clearly requires otherwise, (a) the words “shall,” “will” and “agrees” are mandatory and “may” is permissive; (b) “or” is not exclusive; and (c) “includes” or “including” are not limiting.
26. Time of the Essence. Time is of the essence in respect to all provisions of this Agreement that specify a time for performance; provided, however, that the foregoing shall not be construed to limit or deprive a party of the benefits of any grace or use period allowed in this Agreement.
27. Governing Law and Choice of Forum. This Agreement, and any dispute arising from the relationship between the parties to this Agreement, shall be governed by and construed in accordance with the laws of the State of California, except that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be applied in interpreting this Agreement. Any dispute that arises under or relates to this Agreement (whether contract, tort or both) shall be resolved in a municipal, superior or federal court with geographic jurisdiction over the City of Covina.
28. Attorneys’ Fees. In any litigation or other proceeding by which on party seeks to enforce its rights under this Agreement (whether in contract, tort or both) or seeks a declaration of any rights or obligations under this Agreement, the prevailing party shall be shall be awarded reasonable attorneys’ fees together with any costs and expenses, to resolve the dispute and to enforce the final judgment.
29. Severability. If a court of competent jurisdiction holds any provision of this Agreement to be illegal, invalid or unenforceable for any reason, the validity of and enforceability of the remaining provisions of this Agreement shall not be affected and continue in full force and effect.
30. Authority to Execute Agreement. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder.
[SIGNATURE PAGE FOLLOWS]
The parties, through their duly authorized representatives, are signing this Agreement on the date stated in the introductory clause.
City:
City of Covina,
a California municipal corporation
By:
Name:
Title:
ATTEST:
By:
Name: Fabian Velez
Title: Chief Deputy City Clerk
Consultant:
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.)
EXHIBIT A
APPROVED FEE SCHEDULE
Attachment 2 – PROPOSED FEE
ITEM DESCRIPTION Unit RATE SUBTOTAL
1 Field Observer – Traffic Signal Upgrade Project – 4
th & Badillo 1 LS $35,000.00 $ 35,000.00
TOTAL $ 35,000.00
EXHIBIT B
SCOPE OF SERVICE
July 16, 2024
City of Covina
Rafael Fajardo
125 East College St.
Covina, CA 91723
RE: Traffic Signal Upgrade Project – 4
th Ave. and Badillo Street
Dear Mr. Fajardo,
Thank you for allowing Siterep Construction Services, Inc. the opportunity to provide this proposal for inspection services related to the above-mentioned project. Siterep is prepared to allocate its resources to assist the City of Covina in ensuring the work is in conformance with all local and regional standards.
Siterep’s key personnel have over 30 years of field experience in public works project construction and inspections throughout Southern California.
Siterep will provide inspection services per the attached exhibits:
• Attachment 1 – Scope of Work
• Attachment 2 – Proposed Fee
If selected for this project, Siterep looks forward to the opportunity of working with you to deliver a successful project on time and of the utmost quality for the residents of Covina.
Please feel free to contact us if you have any questions regarding our proposal or to arrange an interview.
Sincerely,
Andre Ortiz
President
Siterep Construction Services, Inc.
Attachment 1 – Scope of Work
Siterep will provide inspection services for the Badillo and Azusa Water Line Project as indicated in the plans and specifications.
1. Perform QA monitoring on a periodic basis over a two (2) month period, 44 calendar days.
2. Surveillances of contractor’s operations to assure compliance with local and regional standards as outlined in the project documents.
3. Attend regularly scheduled progress meetings with contractor to discuss solutions to potential field issues.
Exclusions:
1. Sampling/Testing
2. Overtime
3. Night Work
CC Regular Meeting
AGENDA ITEM REPORT
ITEM NO. CC 9
Meeting: August 20, 2024
Title: Adoption of Ordinance 24-08
Presented by: Brian K. Lee, AICP, Director of Community Development Recommendation: Adopt 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”.
EXECUTIVE SUMMARY:
Ordinance 24-08 (Attachment A) was approved at introduction by a 3-0-2 vote of the City Council at the July 16, 2024, City Council Meeting.
DISCUSSION:
It is recommended that the City Council adopt on second reading 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”.
FISCAL IMPACT:
There is not fiscal impact for the second reading and adoption of an ordinance.
CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):
Not applicable.
Respectfully submitted,
ATTACHMENT A
ORDINANCE 24-08
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
WHEREAS, the City is responsible for adopting and implementing land use regulations within its boundaries. The proposed Zoning Code Amendment (ZCA) 24-01, amending various sections of chapter 17.64 (Site Plan Review) of Title 17 of the Covina Municipal Code (“CMC”), is necessary in order to clarify language and remove language discrepancies; and WHEREAS, the proposed Zoning Code Amendment (ZCA) 24-01 is consistent with the General Plan pursuant to Government Code Section 65860. Specifically, the proposed Zoning Code Amendment (ZCA) 24-01 is consistent with Program/Implementation Measures No. B.11.a of the Land Use Element of the City of Covina General Plan because the proposed amendment clarify language and simply review process; and
WHEREAS, on June 25, 2024, the Planning Commission conducted a public hearing at which time the oral and written evidence along with written recommendation from the Planning Division was presented to the Planning Commission. Following consideration of the entire record of information received at the public hearing and due consideration of the proposed Zoning Code Amendment (ZCA) 24-01, the Planning Commission closed the public hearing on that same date and adopted Resolution 2024-012 PC, by a 3-0-2 vote, recommending that the City Council approve the proposed Zoning Code Amendment (ZCA) 24-01 and adopt this proposed Ordinance; and
WHEREAS, CMC Section 17.80.050.C. provides that within thirty (30) days after the conclusion of the public hearing, the Planning Commission must file its recommendation with the City Council, together with a report of findings, hearings and other supporting data; and WHEREAS, CMC Section 17.80.060 provides that the hearing date must be set by the City Clerk for not more than thirty (30) days after the filing of the Planning Commission’s recommendation; and
WHEREAS, CMC Section 17.80.070 provides that the City Council must hold a public hearing on the date and at the time and place specified in the notice; and WHEREAS, on July 16, 2024, the City Council of the City of Covina held a duly noticed public hearing as prescribed by law to consider the proposed Zoning Code Amendment (ZCA) 24- 01 and any comments received prior to or at the public hearing, at which time staff presented its report, and interested persons had an opportunity to and did testify either in support or in opposition to proposed Zoning Code Amendment (ZCA) 24-01. Following consideration of the entire record
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of information received at the public hearing and due consideration of the proposed Zoning Code Amendment (ZCA) 24-01, the City Council closed the public hearing on that same date; and WHEREAS, all legal prerequisites prior to adoption of this Ordinance have occurred.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COVINA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The foregoing recitals are true and correct and are incorporated herein and made an operative part of this Ordinance.
SECTION 2. California Environmental Quality Act Findings. Community Development Department staff determined that the proposed Zoning Code Amendment is administrative rather than substantive in nature and that it may be seen with certainty that there is no possibility it would result in, or have a potential for resulting in, either a direct or indirect physical change in the environment, or a reasonably foreseeable indirect physical change in the environment and, accordingly, is exempt from the California Environmental Quality Act (“CEQA”) (Cal. Pub.
Resources Code, Section 21000 et. seq.) pursuant to the CEQA Guidelines (Cal. Code Regs., tit. 14, Section 15000 et. seq.) Section 15061 (b) (3) and Section 15378 (b) (5). The proposed Zoning Code Amendment is an administration of the Zoning Code by amending various sections of Chapter 17.64 (Site Plan Review) of Title 17 of the Covina Municipal Code (“CMC”), in order to clarify language, and it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. The City Council has reviewed the administrative record concerning the proposed ZCA 24-01 and the proposed CEQA determination, and based on its own independent judgement, finds that ZCA 24-01 set forth in Ordinance 24-08 is not subject to the requirements of CEQA and the CEQA Guidelines pursuant to CEQA Guidelines Section 15061 (b) (3) and Section 15378 (b) (5).
SECTION 3. Findings for Approval of Zoning Code Amendment (ZCA) 24-01. Based on the evidence in the record, City Council of the City of Covina find that the proposed Zoning Code Amendment (ZCA) 24-01 is in compliance with State law and is consistent with the General Plan Objectives, in that it is consistent with the Program/Implementation Measures No. B.11.a of the Land Use Element of the City of Covina General Plan because the proposed Zoning Code Amendment (ZCA) 24-01 will amend various sections of Chapter 17.64 (Site Plan Review) of Title 17 of the Covina Municipal Code (“CMC”), in order to clarify ambiguous language.
SECTION 4. Paragraph E of Section 17.64.060 (Review process and procedures) of Chapter 17.64 (Site Plan Review) of Title 17 (Zoning) of the Covina Municipal Code is hereby amended to read as follows with all other provisions of Section 17.64.020 remaining unchanged.
Amended text is show in italics for informational purposes only. “E. Application review and report for projects requiring planning commission or city council approval. After acceptance of a complete application, the director shall perform environmental review procedures in accordance with the California Environmental Quality Act (CEQA). The director will consult with other departments, committees, and outside agencies as appropriate to ensure compliance with all provisions of this code and other adopted codes, policies, and plans. The director will prepare a report to the designated approving authority describing the project and their recommendation to approve,
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conditionally approve, or deny the application. The applicant shall receive the report prior to consideration of the entitlement request. The report may be amended as necessary or supplemented with additional information at any time before the public meeting to address issues or information not reasonably known when the report is prepared.” SECTION 5. Section 17.64.120 (Reapplications) of Chapter 17.64 (Site Plan Review) of Title 17 (Zoning) of the Covina Municipal Code is hereby amended to read as follows. Amended text is shown in italics for informational purposes only. “17.64.120 Reapplications.
An application shall not be accepted or acted upon if, within the past 12 months, the city has denied an application for substantially the same project on substantially the same real property unless the director finds one or more of the following circumstances to exist:
A. New evidence. New evidence would support approving the project that was not presented at the previous meeting at which the application was denied and could not have been previously discovered in the exercise of reasonable diligence by the applicant.
B. Substantial and permanent change of circumstances. Since the previous meeting at which the application was denied , a substantial and material change of circumstances has affected the applicant's real property.
C. Prejudicial mistake at a previous meeting. A mistake was made at the previous meeting at which the application was denied that was a material factor in denying the previous application.”
SECTION 6. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, the remaining portions of this Ordinance shall nonetheless remain in full force and effect. The City Council hereby declares that it would have adopted each section, subsection, sentence, clause, phrase, or portion of this Ordinance, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions of this Ordinance be declared invalid or unenforceable.
SECTION 7. Savings Clause. Neither the adoption of this Ordinance nor the repeal or amendment by this Ordinance of any ordinance or part or portion of any ordinance previously in effect in the City or within the territory comprising the City, shall in any manner affect the prosecution for the violation of any ordinance, which violation was committed prior to the effective date of this Ordinance, nor be construed as a waiver of any license, fee or penalty or the penal provisions applicable to any violation of such ordinances.
SECTION 8. Effective Date. This Ordinance shall become effective within thirty (30) days after its adoption.
SECTION 9. Certification. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause this Ordinance to be published within 15 days after its passage, in accordance with Section 36933 of the Government Code.