Covina City Council
October 15, 2024

CITY COUNCIL/SUCCESSOR AGENCY TO THE COVINA

REDEVELOPMENT AGENCY/COVINA PUBLIC FINANCING

AUTHORITY/COVINA HOUSING AUTHORITY JOINT MEETING
AGENDA

Tuesday, October 15, 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, click here or 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

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

CALL TO ORDER

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

PLEDGE OF ALLEGIANCE
Led by Councilmember Delgado

INVOCATION
Given by Covina Police Chaplain Ron Butler

PRESENTATIONS
A. Code Enforcement Officer Week
B. Domestic Violence Awareness Month
C. Breast Cancer Awareness Month
D. Red Ribbon Week

CLOSED SESSION REPORT

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

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

CITY MANAGER COMMENTS

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

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

CC 1. Minutes 9
Staff Recommendation:

Approve the Minutes of the September 3, 2024, Regular Meeting of the City Council/Successor Agency to the Covina Redevelopment Agency/Covina Public

Financing Authority/Housing Authority.

CC 2. Payment of Demands 15
Staff Recommendation:

Approve Payment of Demands in the amount of $6,644,470.23.

CC 3. City of Covina Investment Report for Month Ended September 30, 2024 25 Staff Recommendation:

Receive and File.

CC 4. Traffic Calming Improvements Project – Project No. T2503 – Workman Avenue and 2nd Avenue Stop Sign Installation – Final Acceptance and Filing Notice of Completion
41 Staff Recommendation:

1. Accept the work performed by FS Contractors, Inc.; and Authorize the City Clerk to file a Notice of Completion for the Traffic Calming Improvements Project – Project No. T2503 – Workman Avenue and 2nd Avenue Stop Sign Installation.

2. CC 5. Hollenbeck Park Trash Enclosure Project – Project No. P2501 – Final Acceptance and Filing Notice of Completion
45 Staff Recommendation:

1. Accept the work performed by Siterep Construction Services, Inc.; and Authorize the City Clerk to file a Notice of Completion for the Hollenbeck Park Trash Enclosure Project – Project No. P2501.

2. CC 6. Professional Services Agreement with Civiltec Engineering, Inc, for the Rancho La Merced Water Improvement Project – Project No. W2502 (Design Only)
51 Staff Recommendation:

Authorize the City Manager to execute a Professional Services Agreement between the City of Covina and Civiltec Engineering, Inc. in an amount not-toexceed $55,890 for design engineering services pertaining to the Rancho La Merced Water Improvement Project – Project No. W2502 (Design Only).

CC 7. Public Works Yard Roof Repair Project – Final Acceptance and Filing Notice of Completion
79 Staff Recommendation:

1. Accept the work performed by FC & Sons Roofing, Inc.; and Authorize City Clerk to file a Notice of Completion for the Public Works Yard Roof Repair Project

2. CC 8. Resolution CC 2024-95 Approving and Recordation of Tract No. 82315 (Melia Homes) Located at 1000 N. Azusa Avenue
83 Staff Recommendation:

Adopt Resolution CC 2024-95 approving the recordation of Tract No. 82315 (Melia Homes) located at 1000 N. Azusa Avenue
CC 9. First Amendment to the Agreement between the City of Covina and El Oasis Fisheria, Inc. for the Downtown Neighborhood Business Workforce Augmentation Program
129

Staff Recommendation:

Approve and Authorize the City Manager to execute an amendment and all related documents to the Agreement between the City of Covina (“City”) and El Oasis Fisheria, Inc. (“Participant”) for the Downtown Neighborhood Business Workforce Augmentation Program.

CC 10. First Amendment to the Agreement between the City of Covina and Homebred for the Business Assistance Job Creation Program 135
Staff Recommendation:

Approve the amendment and authorize the City Manager to execute an amendment and all related documents to the Agreement between the City of Covina (“City”) and Homebred (“Participant”) for the Business Assistance Job Creation Program.

CC 11. Adoption of Resolutions Relating to the Annexation of Territory to Community Facilities District No. 2007-1, Declaring Intention to Authorize Annexation, Adopting Boundary Map, and Setting the Public Hearing Date for December 3, 2024
141
Staff Recommendation:

Adopt City Resolution CC 2024-96, declaring intention to authorize the annexation of territory (747 North Barranca, Covina//Annexation 35) to Community Facilities District No. 2007-1 (Public Services); and

1. Adopt City Resolution CC 2024-97, adopting boundary map showing territory proposed to be annexed in the future to Community Facilities District No. 2007-1 (Public Services).

2. CC 12. Award of Contract to Waterline Technologies, Inc. for the Covina Park Aquatic Center Pool Filter Replacement Project
157
Staff Recommendation:

Award contract for the Covina Park Aquatic Center Pool Filter Replacement Project to Waterline Technologies, Inc. in the amount of $32,285.06 and authorize the City Manager to execute the contract.

CC 13. Department of Public Works – Water & Streets/Sewer Divisions – Purchase Agreement/Purchase Order Authorization for (1) 2024 Ford Super Duty F-650SD Truck Upfitted with Pothole Patching Equipment 183
Staff Recommendation:

Authorize the City Manager to execute a Purchase Agreement/Purchase Order Authorization with Puente Hills Ford for the purchase of one (1) 2024 Ford Super Duty F-650SD Truck upfitted with new Pothole Patching Equipment in an amount not-to-exceed $217,660.44.

CC 14. Budget Amendment Resolutions for the Purchase of Additional Electronic Library Resources, the Purchase of Bleachers for Hollenbeck Park, and to Account for Additional Library Literacy Grant Funding 187
Staff Recommendation:

Adopt Resolution CC 2024-99 for the purchase of additional electronic Library resources;

1. Adopt Resolution CC 2024-100 for the purchase of bleachers Hollenbeck Park; and

2.

Adopt Resolution CC 2024-101 to account for additional Literacy Grant funding.

3. CC 15. Badillo Street and Azusa Avenue Water Main Replacement Project – Project No. W2402 – Final Acceptance and Filing Notice of Completion 195
Staff Recommendation:

1. Accept the work performed by GRBCON, Inc;
Authorize the City Clerk to file a Notice of Completion for the Badillo Street and Azusa Avenue Water Main Replacement Project – Project No. W2402; and

2. Approve Resolution CC 2024-98 appropriating $89,426.63 from Water CIP Fund – Fund Balance for use towards completion of this project.

3. CC 16. Request to Reorganize the Existing Staffing Structure of the Department of Public Works, Parks Maintenance Division
201
Staff Recommendation:

That the City Council approve a proposed amendment to the current staffing organization of the Department of Public Works’ Parks Maintenance Division.

CC 17. Covina Housing Authority Annual Report FY 2023-2024 203 Staff Recommendation:

Receive and file the report.

CC 18. Use Classification Determination on “Physical Therapy” Uses as a “Medical Office/Clinic” Use
229
Staff Recommendation:

City Council adoption of Resolution CC 2024-91, approving a Use Determination concluding that “Physical Therapy” uses are similar to “Medical Office and/or Clinic” uses and making a finding exemption under the California Environmental Quality Act (CEQA) guidelines.

CC 19. Request to Cancel the Regular City Council Meeting of November 5, 2024
249
Staff Recommendation:

That the City Council consider canceling the City Council/Successor Agency to the Covina Redevelopment Agency/Covina Public Financing Authority/Covina Housing Authority regular scheduled joint meeting of November 5, 2024; and direct the City Clerk’s Office to post the required Notice of Cancellation.

CC 20. Update on Annexation Process of Unincorporated Islands within the City of Covina
251
Staff Recommendation:

Receive and file the status update.

CC 21. Request to Amend the City’s Classification Plan for the Finance Department
253
Staff Recommendation:

Amend the Fiscal Year 2025 Budget to revise the approved budgeted fulltime position of Payroll Analyst in the Finance Department to that of Senior Payroll Analyst.

CC 22. Authorization to Prepare Construction Documents for Urban Greening 255

Elements at Royal Oak Middle School in Accordance with CalFIRE Grant Requirements
Staff Recommendation:

That the City Council:

1. Review/Approve the conceptual designs; and
Authorize the Superintendent and City Manager to integrate any design feedback into final design plans and prepare construction documents in accordance with CalFIRE grant requirements.

2. CC 23. Hollenbeck Park Trash Enclosure Project – Project No. P2501 – Final Acceptance and Filing Notice of Completion
261
Staff Recommendation:

1. Accept the work performed by Siterep Construction Services, Inc.; and Authorize the City Clerk to file a Notice of Completion for the Hollenbeck Park Trash Enclosure Project – Project No. P2501.

2. PUBLIC HEARINGS
PH 1. Consideration of Resolutions CC 2024-92, CC 2024-93 and CC 2024-94, Authorizing Annexation of Territory to City of Covina Community Facilities District No. 2007-1 (Public Services) (Annexation No. 34), and to Call and Hold a Special Election
267
Staff Recommendation:

City Council to open the public hearing and consider public testimony and close the public hearing; and

1. Adopt Resolution CC 2024-92, authorizing the annexation of territory to Community Facilities District No. 2007-1 (Annexation No. 34; 837 N. Sunflower Avenue, Covina) and authorizing the levy of a special tax and submitting the levy of tax to the qualified electors; and

2. Adopt Resolution CC 2024-93, calling a special election and submitting to the voters of Annexation No. 34 of City of Covina Community Facilities District No. 2007-1 (Public Services), propositions regarding the annual levy of special taxes within Annexation No. 34 to finance public services, and the establishment of an appropriations limit; and

3. Adopt Resolution CC 2024-94 making certain findings, certifying the results of an election and adding property to Community Facilities District No. 2007-1 (Public Services), Annexation No. 34.

4. PH 2. Public Hearing for the Expenditure of the 2024 Edward Byrne Memorial Justice Assistance Grant (JAG)
297
Staff Recommendation:

Hold the public hearing and receive and file proposed program for expenditure of 2024 Edward Byrne Memorial Justice Assistance Grant (JAG).

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 Tuesday,

November 19, 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 JOINT MEETING

MINUTES
September 3, 2024, 7:30 p.m.
125 E. College Street, Covina, California
Council Chamber of City Hall
Councilmembers Present: Councilmember Walter Allen, III Councilmember Hector Delgado
Mayor Pro Tem/Vice-Chair Victor Linares
Mayor/Chair John C. King
Councilmembers Absent: Councilmember Patricia Cortez
Staff Present: City Clerk Drew Aleman (Elected Member)
City Treasurer Neil Polzin (Elected Member)
City Manager Chris Marcarello
City Attorney Candice K. Lee
Police Chief David Povero
Community Development Director Brian Lee
Deputy City Manager Angel Carrillo
Chief Deputy City Clerk Fabian Velez
Staff Absent: Administrative Services Director Anita Agramonte Parks & Recreation/Library Services Director Lisa Evans Interim Public Works Director Rafael Fajardo
_____________________________________________________________________

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 7:31 p.m. with Councilmember Allen, Mayor Pro Tem Linares, and Mayor King present. Councilmember Delgado arrived at 7:40 p.m.

ROLL CALL

PLEDGE OF ALLEGIANCE
Led by Councilmember Allen.

INVOCATION
Given by Police Chaplain Steve Martinez.

PRESENTATIONS
A. Colt All Star Team
Mayor King, Team Manager Jose Flores, and Coach Ben Garcia provided a recap of the season and words of encouragement for the team going forward. Mayor King presented certificates to all members of the Colts All Star team.

B. Pink Patch Project Kick-Off
Police Chief Povero presented the Covina Police Department's Pink Patch Team along with a video and more information regarding the Pink Patch Program. Greg Lehr, Chief Philanthropy Officer for Emanate Health, gave thanks to the Covina Police Department for their collaboration and provided more information on Emanate Health's cancer care programs.

Police Chief Povero invited the community to support the Pink Patch program at the following upcoming events: the Covina Farmers' Market on September 6th and 20th, the Covina Chamber of Commerce Police Awards Breakfast on September 26th, National Night Out on October 1st, Emanate Health's education event on October 9th, Thunderfest on October 12th, a fundraiser at Campsite Brewery on October 19th, and the Laugh Factory on October 24th.

PUBLIC COMMENTS
Resident Richard Pardo commented regarding increasing safety measures on Armel Drive and the Badillo St. and Puente Ave. intersections, as well as issues with an overnight parking ticket.

3 COUNCIL/AGENCY/AUTHORITY COMMENTS
Councilmember Allen addressed his concerns with receiving no notification regarding a proposed 6 story housing project located in an unincorporated area within the City, as well as a proposed 4 story housing project headed by the State of California within City boundaries. He requested that the City Manager provide a more detailed review of the 6 story project. Councilmember Allen also gave kudos to the Covina PD staff and the Pink Patch team for their continued participation in the program noting Emanate Health's high level of service for patients with cancer.

Mayor Pro Tem Linares also expressed his concern with the proposed 6 story housing project and his frustration with the lack of notification for the City prior to residents receiving a notification about the project.

City Manager Marcarello provided a brief presentation providing preliminary information the proposed 6 story housing project.

Mayor King advised that community members who have concerns with the proposed 6 story housing project should contact the County of Los Angeles and noted that there will be a virtual public outreach meeting for the proposed project on Thursday September 26th at 5 p.m.

Mayor King highlighted items on the Consent Calendar including: items CC 4 and CC 5, two public improvement items that include street resurfacing and inspection of the waste water system; CC 8, approving a four year labor agreement with a City bargaining group; CC 9 leasing the third floor of the Metrolink Parking Structure to a local car dealership for extra storage. He also invited the community to attend the following upcoming City events: the groundbreaking for the Covina Recreation Village on September 17th at 4:30 p.m.; National Night Out on October 1st from 5 p.m. to 8:30 p.m. at Heritage Plaza; and Thunderfest in October.

CITY MANAGER COMMENTS
City Manager Marcarello noted that, in response to rising temperatures, cooling centers at the Covina Senior Center and Covina Library will be open for the community until 7 p.m.

CONSENT CALENDAR PUBLIC COMMENTS
There were no public comments.

CONSENT CALENDAR
CC 1. Minutes
Motion made by: Councilmember Delgado
Seconded by: Councilmember Allen
Approve the Minutes of the August 20, 2024, Regular Meeting of the City Council/Successor Agency to the Covina Redevelopment Agency/Covina Public Financing Authority/Housing Authority.

Approved (4 to 0); Cortez Absent
CC 2. Payment of Demands
Motion made by: Councilmember Delgado
Seconded by: Councilmember Allen

4 Approve Payment of Demands in the amount of $3,937,193.27.

Approved (4 to 0); Cortez Absent
CC 3. City of Covina Investment Report for Month Ended July 31, 2024 Motion made by: Councilmember Delgado
Seconded by: Councilmember Allen
Receive and File.

Approved (4 to 0); Cortez Absent
CC 4. Closed Circuit Television (CCTV) Video Inspection of Sewer Collection System – Project No. S2401 – Award of Contract to Empire Pipe Cleaning & Equipment, Inc. in the Amount of $648,021.08
Motion made by: Councilmember Delgado
Seconded by: Councilmember Allen
Authorize the City Manager to execute the attached Minor Construction and Maintenance Services Agreement with Empire Pipe Cleaning & Equipment, Inc. for Closed Circuit Television (CCTV) Video Inspection of the City’s Sewer Collection System in the Amount of $648,021.08.

Approved (4 to 0); Cortez Absent
CC 5. Covina Heights Paving Project – Project No. W2401 – Award of Contract to Gentry Brothers, Inc. in the Amount of $1,970,770
Motion made by: Councilmember Delgado
Seconded by: Councilmember Allen

1. Approve plans and specifications for the Covina Heights Paving Project – Project No. W2401;

2. Award a contract for the Covina Heights Paving Project – Project No.

W2401 to Gentry Brothers, Inc. as the lowest responsive and responsible bidder in the amount of $1,970,770 and authorize the City Manager to execute the contract;

3. Authorize a project contingency amount of $150,000 for any unforeseen construction expenses;

4. Award a Professional Services Agreement (PSA) to CEJ Engineers, Inc. for Construction Management & Inspection Services for a not-to-exceed amount of $74,960 and authorize the City Manager to execute the agreement; and

5. Award a Professional Services Agreement (PSA) to Willdan Engineering, Inc. for Pavement Analysis & Testing for a not-to-exceed amount of $35,000 and authorize the City Manager to execute the agreement.

Approved (4 to 0); Cortez Absent

5 CC 6. Adoption of Ordinance 24-07
Motion made by: Councilmember Delgado
Seconded by: Councilmember Allen
Adopt Ordinance 24-07 entitled, “An Ordinance of the City Council of the City of Covina, California, Adopting Planned Community Development (PCD) 21-2, to Allow for the Development of a 0.84-Acre Site for a Hotel Use Consisting of 68 Rooms, Surface Parking on a 36,732-Square-Foot Site, Alley Relocation, and Associated Site Improvements, Located at 578 N. Azusa Avenue (APNs 8432-006- 015 and 8432-006-017)”.

Approved (4 to 0); Cortez Absent
CC 7. Designation of Voting Delegate and Alternates for the League of California Cities Annual Conference Which Includes the Annual Business Meeting – October 16-18, 2024
Motion made by: Councilmember Delgado
Seconded by: Councilmember Allen

1. Designate Councilmember Walter Allen, III, as the voting delegate and Councilmember Patricia Cortez, as the alternate to represent the City at the Annual Business Meeting of the League of California Cities General Assembly; and

2. Direct the Chief Deputy City Clerk to submit the required "Voting Delegate Form" to the League's Sacramento Office no later than September 25, 2024.

Approved (4 to 0); Cortez Absent
CC 8. Consideration of the Salary Schedules & Memorandum of Understanding between the City of Covina and American Federation of State, County and Municipal Employees, Local 3325 (“AFSCME”) & Amending the City’s Classification Plan for Account Clerk I/II
Motion made by: Councilmember Delgado
Seconded by: Councilmember Allen
Adopt Resolutions CC 2024-81 approving the salary schedules and Memorandum of Understanding between the City of Covina and American Federation of State, County and Municipal Employees, Local 3325 (“AFSCME), Effective July 1, 2024; and adopt Resolution CC 2024-82 to revise the existing Account Clerk I/II job description.

Approved (4 to 0); Cortez Absent
CC 9. Confirm and Approve City Council’s Appointments to the Planning Commission and Finance Advisory Commission
Motion made by: Councilmember Delgado
Seconded by: Councilmember Allen
Approve the City Council’s appointments to the Planning Commission and Finance Advisory Commission.

6 Approved (4 to 0); Cortez Absent
CC 10. A Lease Agreement between the City of Covina and Hang 10, LLC for Partial Use of 559 N. Citrus Avenue
Motion made by: Councilmember Delgado
Seconded by: Councilmember Allen

1. Approve the Lease Between the City of Covina and Hang 10, LLC for Use of the Top Floor and Ramp of the Metrolink Parking Structure, Located at 559 North Citrus Avenue;

2. Approve Resolution CC 2024-83, Authorizing Amending the Fiscal Year 2024-2025 Operating Budget for the Purpose of Receiving and Expending $90,000 in Lease Proceeds Related to the Lease of 559 North Citrus Avenue (APN No. 8431-014-908).

Approved (4 to 0); Cortez Absent

ADJOURNMENT
At 8:15 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, September 17, 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 2
Meeting: October 15, 2024
Title: Payment of Demands
Presented by: Theresa Franke, Interim Director of Finance Recommendation: Approve Payment of Demands in the amount of $6,644,470.23.

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 August 30, 2024 – September 26, 2024 CITY checks/EFTs $ 4,245,605.75
CITY payroll $ 2,256,849.37
CITY voids $ (238.86)
Worker’s Comp $ 138,066.06
$ 6,640,282.32
SACRA checks/EFTs $ 3,745.80
SACRA payroll $ 442.11
$ 4,187.91
TOTAL checks/EFTs $ 6,644,470.23
DISCUSSION:

The attached reports have been reviewed by the Interim Director of Finance.

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
Aug 30, 2024 - Sept 26, 2024
Check # Check Date Vendor Name Amount
5974 08/28/2024 1364 HOME DEPOT CREDIT SERVICES 6,036.93 5975 08/01/2024 5438 BMO 19,550.15
5976 09/12/2024 4003 MidAmerica 2,024.87
5977 09/16/2024 1364 HOME DEPOT CREDIT SERVICES 8,447.79 5978 09/26/2024 4003 MidAmerica 1,879.07
20860 09/12/2024 788 COVINA, CITY OF 95.71
20861 09/12/2024 2033 NATIONWIDE RETIREMENT SOLUTIONS 7,500.00 20862 09/12/2024 788 COVINA, CITY OF 50,736.46
20863 09/12/2024 789 COVINA-FSA, CITY OF 570.84
20864 09/12/2024 2033 NATIONWIDE RETIREMENT SOLUTIONS 30,263.13 20865 09/12/2024 487 CalPERS 7,153.37
20866 09/12/2024 487 CalPERS 102,958.44
20867 09/26/2024 788 COVINA, CITY OF 49,785.86
20868 09/26/2024 789 COVINA-FSA, CITY OF 570.84
20869 09/26/2024 2033 NATIONWIDE RETIREMENT SOLUTIONS 29,851.13 20870 09/26/2024 487 CalPERS 96,429.30
subtotal EFT/wires/direct deposits $413,853.89
122946 09/04/2024 381 BOOMERANG BLUEPRINT 178.35
122947 09/04/2024 568 CAT SPECIALTIES INC 2,499.03
122948 09/04/2024 572 CATHOLIC CHARITIES OF LOS ANGELES 13,600.00 122949 09/04/2024 706 COMMERCIAL DOOR CO INC 710.00
122950 09/04/2024 783 CITY OF COVINA WATER 552.57
122951 09/04/2024 849 DAPEER ROSENBLIT & LITVAK LLP 903.76 122952 09/04/2024 970 EDISON CO 164.81
122953 09/04/2024 970 EDISON CO 13,222.62
122954 09/04/2024 1055 FEDEX 16.49
122955 09/04/2024 1235 GRAINGER 4,616.76
122956 09/04/2024 1241 GRAND PRINTING 144.21
122957 09/04/2024 1352 HINDERLITER DELLAMAS & ASSOC 477.51 122958 09/04/2024 1361 HOLLIDAY ROCK CO INC 244.59
122959 09/04/2024 1371 HOSE MAN INC, THE 441.55
122960 09/04/2024 1505 JOHNNY'S POOL SERVICE 407.88
122961 09/04/2024 1614 LA CNTY FIRE DEPARTMENT 3,755.00 122962 09/04/2024 2329 PUENTE READY MIX INC 1,157.63
122963 09/04/2024 2846 THOMAS, TERRI 836.70
122964 09/04/2024 2852 THREE VALLEY MUN WATER DISTR 10,462.38 122965 09/04/2024 2855 CHARTER COMMUNICATIONS 356.16
122966 09/04/2024 3004 VICTORY EXTERMINATING INC 85.00
122967 09/04/2024 3023 VULCAN MATERIALS COMPANY 2,987.34 122968 09/04/2024 3052 WATERLINE TECHNOLOGIES INC 1,080.21 122969 09/04/2024 3152 YWCA 1,052.80
122970 09/04/2024 3187 WAGONER, PAMELA 651.00
122971 09/04/2024 3235 COOK, SHAWNA 308.70
122972 09/04/2024 3621 WAXIE ENTERPRISES INC 188.75
122973 09/04/2024 3796 RICHARDS, WATSON & GERSHON 22,991.30 122974 09/04/2024 3810 MYERS & SONS HI-WAY SAFETY INC 475.00 122975 09/04/2024 3837 SONSRAY MACHINERY LLC 158.49
122976 09/04/2024 3929 BOOT BARN INC 2,289.34
122977 09/04/2024 3964 RED WING BUSINESS ADVANTAGE ACCOUNT 1,463.26 122978 09/04/2024 3982 CAROL A CUGNO 617.54
122979 09/04/2024 3988 LANDSCAPE WAREHOUSE III 1,091.82 122980 09/04/2024 4065 VERIZON BUSINESS SERVICES 835.51 Attachment A Page 1 of 8

CITY OF COVINA
Check Register
Aug 30, 2024 - Sept 26, 2024
Check # Check Date Vendor Name Amount
122981 09/04/2024 4065 VERIZON WIRELESS 705.47
122982 09/04/2024 4089 MEASOM, DEVIN THOMAS 315.00
122983 09/04/2024 4201 OFFICE TEAM - A ROBERT HALF COMPANY 1,474.80 122984 09/04/2024 4246 FERGUSON WATERWORKS #1083 354.32 122985 09/04/2024 4268 S&K POWER EQUIPMENT 132.26
122986 09/04/2024 4350 RKA Consulting Group 9,288.75
122987 09/04/2024 4455 FRONTIER 901.69
122988 09/04/2024 4483 DALE A. GARRISON 168.00
122989 09/04/2024 4490 APA CALIFORNIA CONFERENCE 900.00 122990 09/04/2024 4582 USABLUEBOOK 704.44
122991 09/04/2024 4676 Hill Brothers Chemical Company 2,182.95 122992 09/04/2024 4688 PCAM, LLC 21,476.00
122993 09/04/2024 4702 Wilmington Trust Fee Collections 2,500.00 122994 09/04/2024 4704 S & J Supply Company, Inc. 17,475.91 122995 09/04/2024 4713 Fisher Integrated, Inc. 1,200.00 122996 09/04/2024 4764 UniFirst Corporation 828.76
122997 09/04/2024 4805 Fuel Equipment Services, Inc. 569.20 122998 09/04/2024 4817 Weck Analytical Environmental Services, Inc. 646.00 122999 09/04/2024 4829 Alicia A. Flores 294.00
123000 09/04/2024 4833 Michael R. Hillmann 2,080.00
123001 09/04/2024 4854 CEJ Engineers, Inc. 23,640.00
123002 09/04/2024 4931 Antonio Castro Jr 1,376.55
123003 09/04/2024 5011 Excel Office Services 339.64
123004 09/04/2024 5052 SKY JTC CORPORATION 5,470.00
123005 09/04/2024 5075 Amalia Q. Seresinghe 593.60
123006 09/04/2024 5186 Dash Platform, LLC 819.49
123007 09/04/2024 5228 ODP BUSINESS SOLUTIONS, LLC 43.41 123008 09/04/2024 5241 BLUERAY AQUATICS 59,624.55
123009 09/04/2024 5252 THE YOGA DANCE CO 238.86
123010 09/04/2024 5269 CONTROL AIR ENTERPRISES LLC. 6,226.54 123011 09/04/2024 5291 AMAZON CAPITAL SERVICES, INC 343.23 123012 09/04/2024 5412 COVINA ANIMAL HOSPITAL 252.17
123013 09/04/2024 5439 PARKWOOD LANDSCAPE MAINTENANCE INC 20,827.73 123014 09/04/2024 5515 BBS CONSTRUCTION INC 250,083.70
123015 09/04/2024 5549 AMANDA LOPEZ 616.00
123016 09/04/2024 5550 LEAH DAWN OSIER 210.00
123017 09/04/2024 5553 SOUTHERN TIRE MART LLC 369.90
123018 09/04/2024 5562 SIDEPATH INC. 1,813.57
123019 09/04/2024 99999 BETTER EARTH ELECTRIC INC 151.95 123020 09/04/2024 99999 DYLAN DIXON 179.74
123021 09/04/2024 99999 RYAN DAVIS 286.39
123022 09/12/2024 58 ADVANTAGE 15,197.45
123023 09/12/2024 82 AIR-BREE HEATING 4,270.00
123024 09/12/2024 84 AIRGAS-WEST 735.02
123025 09/12/2024 189 AREA D OFFICE OF EMERGENCY SVC 2,929.98 123026 09/12/2024 219 AT&T 349.64
123027 09/12/2024 219 AT&T 56.41
123028 09/12/2024 239 AUTOZONE INC 36.54
123029 09/12/2024 269 BAKER AND TAYLOR INC 3,083.84
123030 09/12/2024 411 BRODART CO 47.01
123031 09/12/2024 477 STATE OF CA 241.28
123032 09/12/2024 477 STATE OF CALIFORNIA 383.40
Attachment A Page 2 of 8

CITY OF COVINA
Check Register
Aug 30, 2024 - Sept 26, 2024
Check # Check Date Vendor Name Amount
123033 09/12/2024 649 CINTAS CORP #693 633.58
123034 09/12/2024 654 CITRUS CAR WASH 225.88
123035 09/12/2024 700 COLLEY FORD 124.43
123036 09/12/2024 766 COVINA DISPOSAL CO 19,475.52
123037 09/12/2024 880 DEMCO INC 46.44
123038 09/12/2024 970 EDISON CO 54,765.74
123039 09/12/2024 1047 FARA 175.00
123040 09/12/2024 1092 FORENSIC NURSE SPECIALISTS INC 1,200.00 123041 09/12/2024 1156 THE GAS COMPANY 2,097.24
123042 09/12/2024 1198 GLOBALSTAR LLC 102.95
123043 09/12/2024 1204 GOLDEN STATE WATER COMPANY 2,049.93 123044 09/12/2024 1235 GRAINGER 382.10
123045 09/12/2024 1275 HAAKER EQUIPMENT CO 1,313.01
123046 09/12/2024 1505 JOHNNY'S POOL SERVICE 66.13
123047 09/12/2024 1531 JW LOCK CO INC 185.83
123048 09/12/2024 1614 LA CNTY FIRE DEPARTMENT 1,106,885.35 123049 09/12/2024 1614 LA CNTY FIRE DEPARTMENT 1,326.00 123050 09/12/2024 1619 LA CNTY SHERIFF'S DEPT 284.14
123051 09/12/2024 1663 LAW ENFORCEMENT MEDICAL 1,025.00 123052 09/12/2024 1933 MISSION LINEN SUPPLY 18.96
123053 09/12/2024 1991 MOTOROLA 102,497.55
123054 09/12/2024 2027 NAPA AUTO PARTS 562.08
123055 09/12/2024 2091 O REILLY AUTO PARTS 119.55
123056 09/12/2024 2275 POIRIER, ROBERT 140.00
123057 09/12/2024 2289 POWER MAINTENANCE CORP 2,500.00
123058 09/12/2024 2345 QUILL 58.95
123059 09/12/2024 2444 RIO HONDO COLLEGE 275.00
123060 09/12/2024 2646 SHOWCASES 61.00
123061 09/12/2024 2676 SMART AND FINAL IRIS CORP 507.34 123062 09/12/2024 2711 SOUTHEAST CONSTRUCTION PRODUCTS - COVINA 1,170.41 123063 09/12/2024 2800 T MOBILE USA 377.07
123064 09/12/2024 2855 CHARTER COMMUNICATIONS 146.73
123065 09/12/2024 2935 UNDERGROUND SERVICE ALERT 240.88 123066 09/12/2024 3001 VERIZON WIRELESS 5,490.80
123067 09/12/2024 3004 VICTORY EXTERMINATING INC 75.00
123068 09/12/2024 3052 WATERLINE TECHNOLOGIES INC 1,680.21 123069 09/12/2024 3082 WESTERN WATER WORKS SUPPLY 1,067.22 123070 09/12/2024 3134 XEROX CORPORATION 745.29
123071 09/12/2024 3185 TOSHIBA FINANCIAL SERVICES 1,296.87 123072 09/12/2024 3185 TOSHIBA FINANCIAL SERVICES 1,193.78 123073 09/12/2024 3300 SOUTHERN COUNTIES FUELS 3,265.96 123074 09/12/2024 3614 PAPER RECYCLING AND SHREDDING SPECIALISTS INC 756.00 123075 09/12/2024 3729 SUNBELT RENTALS INC 712.36
123076 09/12/2024 3771 BLACK & WHITE EMERGENCY VEHICLES 567.30 123077 09/12/2024 3796 RICHARDS, WATSON & GERSHON 13,726.35 123078 09/12/2024 3801 JONES & MAYER 384.61
123079 09/12/2024 3988 LANDSCAPE WAREHOUSE III 790.05
123080 09/12/2024 4201 OFFICE TEAM - A ROBERT HALF COMPANY 17,049.60 123081 09/12/2024 4209 ADLERHORST INTERNATIONAL 1,108.00 123082 09/12/2024 4246 FERGUSON WATERWORKS #1083 510.75 123083 09/12/2024 4332 ERIC ARROYO 2,025.00
123084 09/12/2024 4350 RKA Consulting Group 15,020.00
Attachment A Page 3 of 8

CITY OF COVINA
Check Register
Aug 30, 2024 - Sept 26, 2024
Check # Check Date Vendor Name Amount
123085 09/12/2024 4379 789, Inc. 4,958.33
123086 09/12/2024 4448 FS CONTRACTORS, INC. 20,515.00
123087 09/12/2024 4455 FRONTIER 6,544.33
123088 09/12/2024 4582 USABLUEBOOK 1,009.89
123089 09/12/2024 4676 Hill Brothers Chemical Company 2,894.08 123090 09/12/2024 4764 UniFirst Corporation 49.01
123091 09/12/2024 4765 AMC Modern IT 2,754.06
123092 09/12/2024 4766 HASA, INC. 2,343.01
123093 09/12/2024 4766 HASA, INC. 1,304.00
123094 09/12/2024 4817 Weck Analytical Environmental Services, Inc. 48.00 123095 09/12/2024 4844 Government Tax Seminars, LLC 575.00 123096 09/12/2024 4925 Humane Society of Pomona Valley, Inc. 26,343.08 123097 09/12/2024 4928 Springstead & Associates, Inc. 4,000.00 123098 09/12/2024 4977 Enterprise FM Trust 5,983.54
123099 09/12/2024 5137 MasterCorp Commercial Services LLC 4,578.79 123100 09/12/2024 5138 Ricoh USA, Inc. 11.67
123101 09/12/2024 5138 Ricoh USA, Inc. 299.63
123102 09/12/2024 5213 TANGLED WEB SOLUTIONS: INVESTIGATIONS 3,200.00 123103 09/12/2024 5228 ODP BUSINESS SOLUTIONS, LLC 574.17 123104 09/12/2024 5233 RODENT PEST TECHNOLOGIES 267.49
123105 09/12/2024 5251 DANIEL'S TIRE SERVICE 250.46
123106 09/12/2024 5261 INTERNATIONAL BUSINESS INFORMATION TECHNOLOGIES 9,240.28 123107 09/12/2024 5263 FIRST AMERICAN TITLE INSURANCE COMPANY 2,500.00 123108 09/12/2024 5269 CONTROL AIR ENTERPRISES LLC. 5,284.00 123109 09/12/2024 5291 AMAZON CAPITAL SERVICES, INC 110.19 123110 09/12/2024 5464 ADVANCE STORES COMPANY INC 278.28 123111 09/12/2024 5553 SOUTHERN TIRE MART LLC 858.54
123112 09/12/2024 5570 DIESEL GROUND SYSTEMS INC 3,317.97 123113 09/12/2024 99999 CECILIA STABILE 91.00
123114 09/12/2024 99999 ISABEL GALASSI 80.00
123115 09/12/2024 68 AFLAC ACCT# YQ792 WORLDWIDE HEADQUARTERS 4,021.88 123116 09/12/2024 69 AFSCME District Council 36 639.08
123117 09/12/2024 775 COVINA POLICE ASSOCIATION 2,950.00 123118 09/12/2024 878 DELTA DENTAL OF CALIFORNIA 9,456.55 123119 09/12/2024 1106 FRANCHISE TAX BOARD 100.00
123120 09/12/2024 3795 PRE-PAID LEGAL SERVICES, INC 138.53 123121 09/12/2024 3846 CLEA 1,088.00
123122 09/12/2024 4255 RELIASTAR LIFE INSURANCE COMPANY 4,627.38 123123 09/12/2024 4710 Fidelity Security Life Insurance Company 1,035.23 123124 09/19/2024 219 AT&T 59.41
123125 09/19/2024 381 BOOMERANG BLUEPRINT 62.57
123126 09/19/2024 435 BURGUAN, RENE 1,200.00
123127 09/19/2024 480 CALIFORNIA ASSOCIATION OF 162.00
123128 09/19/2024 696 COLBURN, MICHAEL 126.01
123129 09/19/2024 700 COLLEY FORD 2,056.18
123130 09/19/2024 703 UNIQUE PRINTING 694.41
123131 09/19/2024 749 BOHL PH.D., NANCY K. 1,350.00
123132 09/19/2024 771 COVINA IRRIGATING CO 352,082.58
123133 09/19/2024 783 CITY OF COVINA WATER 220.83
123134 09/19/2024 786 COVINA WOMEN'S CLUB 850.00
123135 09/19/2024 788 CASH 600.00
123136 09/19/2024 849 DAPEER ROSENBLIT & LITVAK LLP 1,530.70 Attachment A Page 4 of 8

CITY OF COVINA
Check Register
Aug 30, 2024 - Sept 26, 2024
Check # Check Date Vendor Name Amount
123137 09/19/2024 878 DELTA DENTAL OF CALIFORNIA 122.02 123138 09/19/2024 970 EDISON CO 30,806.85
123139 09/19/2024 1156 THE GAS COMPANY 632.71
123140 09/19/2024 1235 GRAINGER 249.91
123141 09/19/2024 1241 GRAND PRINTING 48.07
123142 09/19/2024 1505 JOHNNY'S POOL SERVICE 66.13
123143 09/19/2024 1603 LA COUNTY DEPARTMENT OF PUBLIC HEALTH 7,254.08 123144 09/19/2024 1614 LA CNTY FIRE DEPARTMENT 663.00
123145 09/19/2024 1707 LIEBERT CASSIDY WHITMORE 18,672.00 123146 09/19/2024 1788 MAMMOTH AUDIO SYSTEMS 2,100.00
123147 09/19/2024 2027 NAPA AUTO PARTS 484.38
123148 09/19/2024 2091 O REILLY AUTO PARTS 188.57
123149 09/19/2024 2444 RIO HONDO COLLEGE 350.00
123150 09/19/2024 2546 SAN GABRIEL VALLEY TRIBUNE 644.16 123151 09/19/2024 2587 SCPLRC MEMBERSHIP 350.00
123152 09/19/2024 2700 SOFTWARE HOUSE INTERNATIONAL 19,051.52 123153 09/19/2024 2855 CHARTER COMMUNICATIONS 206.03
123154 09/19/2024 3001 VERIZON WIRELESS 1,880.81
123155 09/19/2024 3004 VICTORY EXTERMINATING INC 85.00
123156 09/19/2024 3023 VULCAN MATERIALS COMPANY 5,508.47 123157 09/19/2024 3202 PUMPMAN INC 990.00
123158 09/19/2024 3274 WILLDAN 454.00
123159 09/19/2024 3701 DEPARTMENT OF JUSTICE 473.00
123160 09/19/2024 3749 JCL TRAFFIC SERVICES 268.57
123161 09/19/2024 3796 RICHARDS, WATSON & GERSHON 10,998.25 123162 09/19/2024 3988 LANDSCAPE WAREHOUSE III 737.64
123163 09/19/2024 4065 VERIZON WIRELESS 659.01
123164 09/19/2024 4123 RUDY CARDENAS 175.00
123165 09/19/2024 4201 OFFICE TEAM - A ROBERT HALF COMPANY 7,000.00 123166 09/19/2024 4225 CORELOGIC SOLUTIONS, LLC 238.70
123167 09/19/2024 4255 RELIASTAR LIFE INSURANCE COMPANY 13.38 123168 09/19/2024 4448 FS CONTRACTORS, INC. 94,672.25
123169 09/19/2024 4455 FRONTIER 1,107.29
123170 09/19/2024 4688 PCAM, LLC 20,248.80
123171 09/19/2024 4710 Fidelity Security Life Insurance Company 8.62 123172 09/19/2024 4728 West Coast Telcom Products 3,962.62 123173 09/19/2024 4764 UniFirst Corporation 1,353.80
123174 09/19/2024 4784 Apollo Wood Recovery, Inc. 1,754.00 123175 09/19/2024 4817 Weck Analytical Environmental Services, Inc. 616.00 123176 09/19/2024 4833 Michael R. Hillmann 1,495.00
123177 09/19/2024 4874 MARIA E. VELOSCO BEDRAN 1,764.68 123178 09/19/2024 4900 G2 Wraps 250.00
123179 09/19/2024 4930 Michael Baker International, Inc. 7,992.05 123180 09/19/2024 5099 CliftonLarsonAllen LLP 3,832.50
123181 09/19/2024 5109 SITEREP CONSTRUCTION SERVICES, INC. 24,999.00 123182 09/19/2024 5139 Crown Castle Fiber LLC 925.00
123183 09/19/2024 5291 AMAZON CAPITAL SERVICES, INC 79.33 123184 09/19/2024 5354 MALLORY SAFETY & SUPPLY LLC 843.49 123185 09/19/2024 5433 BOWMAN INFRASTRUCTURE ENGINEERS LTD 2,597.75 123186 09/19/2024 5456 JOSE GONZALEZ 5,000.00
123187 09/19/2024 5464 ADVANCE STORES COMPANY INC 109.14 123188 09/19/2024 5507 MCMURRAY STERN LLC 128,789.64
Attachment A Page 5 of 8

CITY OF COVINA
Check Register
Aug 30, 2024 - Sept 26, 2024
Check # Check Date Vendor Name Amount
123189 09/19/2024 5528 JAKE MARTINEZ 6,960.00
123190 09/19/2024 5531 CU TECHNOLOGY LLC / ACORN TECHNOLOGY SERVICES 1,875.00 123191 09/19/2024 5578 Daniella Andrade 22.25
123192 09/19/2024 5579 CUSTOM SHOWER DOORS INC 6,875.00 123193 09/19/2024 99999 BRANDON BEUTTEL 110.00
123194 09/19/2024 99999 DANIEL LUSK 20.07
123195 09/19/2024 99999 DAVID BURRESS 207.43
123196 09/19/2024 99999 DAVID STEWART 75.40
123197 09/19/2024 99999 ERIC LOGAN 527.46
123198 09/19/2024 99999 ERIK BELL 201.71
123199 09/19/2024 99999 JULIE GIL 62.16
123200 09/19/2024 99999 JULIETA ARCEO 64.51
123201 09/19/2024 99999 KEVIN FINLEY 75.13
123202 09/19/2024 99999 KYLE KNOTT 63.61
123203 09/19/2024 99999 P&K BUILDERS 3,000.00
123204 09/19/2024 99999 RICHARD VAUGHN 47.78
123205 09/19/2024 99999 ROBERT FUNG CONSTRUCTION 120.00 123206 09/19/2024 99999 SANDY COSTANDI 731.52
123207 09/19/2024 99999 THOMAS E BROOKHOUZEN 80.00
123208 09/26/2024 113 ALL CITY MANAGEMENT SVC 16,390.08 123209 09/26/2024 158 AMERICAN TRAFFIC SOLUTIONS 17,775.75 123210 09/26/2024 219 AT&T 552.03
123211 09/26/2024 245 AVILA, MONIQUE 115.08
123212 09/26/2024 254 AZUSA LIGHT & WATER 2,904.44
123213 09/26/2024 437 BURRO CANYON ENT INC 120.00
123214 09/26/2024 649 CINTAS CORP #693 633.58
123215 09/26/2024 700 COLLEY FORD 81.56
123216 09/26/2024 749 BOHL PH.D., NANCY K. 440.00
123217 09/26/2024 849 DAPEER ROSENBLIT & LITVAK LLP 1,594.60 123218 09/26/2024 859 DAVIS, RYAN 103.16
123219 09/26/2024 894 DF POLYGRAPH 800.00
123220 09/26/2024 970 EDISON CO 1,433.86
123221 09/26/2024 1055 FEDEX 21.23
123222 09/26/2024 1156 THE GAS COMPANY 20.96
123223 09/26/2024 1204 GOLDEN STATE WATER COMPANY 83.61 123224 09/26/2024 1235 GRAINGER 822.50
123225 09/26/2024 1255 GRISWOLD INDUSTRIES 8,365.47
123226 09/26/2024 1361 HOLLIDAY ROCK CO INC 1,884.77
123227 09/26/2024 1429 INLAND EMPIRE STAGES 1,965.93
123228 09/26/2024 1437 INTER-CON SECURITY SYSTEMS INC 10,350.05 123229 09/26/2024 1561 KEYSTONE UNIFORM DEPOT 2,591.14
123230 09/26/2024 1615 REGIONAL TAP SERVICE CENTER 80.00 123231 09/26/2024 1619 LA CNTY SHERIFF'S DEPT 284.73
123232 09/26/2024 1646 LANGUAGE LINE SERVICES INC 125.96 123233 09/26/2024 1694 LEWIS ENGRAVING INC 286.65
123234 09/26/2024 1754 LOWE'S COMPANIES INC 713.21
123235 09/26/2024 1825 MASONIC HOMES OF CALIFORNIA 900.00 123236 09/26/2024 1860 SSD SYSTEMS 365.04
123237 09/26/2024 1895 MERRIMAC ENERGY GROUP 32,356.31
123238 09/26/2024 1924 MILLERS & ISHAMS 365.75
123239 09/26/2024 1933 MISSION LINEN SUPPLY 56.88
123240 09/26/2024 2027 NAPA AUTO PARTS 732.98
Attachment A Page 6 of 8

CITY OF COVINA
Check Register
Aug 30, 2024 - Sept 26, 2024
Check # Check Date Vendor Name Amount
123241 09/26/2024 2091 O REILLY AUTO PARTS 346.23
123242 09/26/2024 2277 POLLARD WATER 1,338.70
123243 09/26/2024 2329 PUENTE READY MIX INC 1,035.71
123244 09/26/2024 2345 QUILL 1,789.93
123245 09/26/2024 2407 REGIONAL TAP SERVICE CENTER 287.80 123246 09/26/2024 2415 REPUBLIC MASTER CHEFS 437.32
123247 09/26/2024 2426 REYNOLDS MOTOR CORP. 925.00
123248 09/26/2024 2541 SAN GAB BASIN WATER QUAL AUTH 2,843.34 123249 09/26/2024 2619 SGV EXAMINER 1,628.00
123250 09/26/2024 2667 SIRSIDYNIX 29,641.28
123251 09/26/2024 2736 STAPLES BUSINESS ADVANTAGE 68.68 123252 09/26/2024 2755 STETSON ENGINEERS INC 2,787.00
123253 09/26/2024 2886 TRADEWAY GLASS CO 1,674.16
123254 09/26/2024 2903 TRI-XECUTEX CORP 100.00
123255 09/26/2024 2942 UNITED SITE SERVICES OF CA INC 14,479.00 123256 09/26/2024 2953 URBAN FUTURES INC 47,245.00
123257 09/26/2024 2954 URBAN GRAFFITI ENTERPRISES INC 12,150.72 123258 09/26/2024 3004 VICTORY EXTERMINATING INC 75.00
123259 09/26/2024 3082 WESTERN WATER WORKS SUPPLY 5,693.31 123260 09/26/2024 3085 WESTLAND CARPETS 800.00
123261 09/26/2024 3729 SUNBELT RENTALS INC 356.18
123262 09/26/2024 3749 JCL TRAFFIC SERVICES 496.13
123263 09/26/2024 3771 BLACK & WHITE EMERGENCY VEHICLES 799.61 123264 09/26/2024 3796 RICHARDS, WATSON & GERSHON 29,279.45 123265 09/26/2024 3823 JEEPERS CREEPERS EXTERMINATING 234.00 123266 09/26/2024 3988 LANDSCAPE WAREHOUSE III 13.66
123267 09/26/2024 4065 VERIZON BUSINESS SERVICES 839.00 123268 09/26/2024 4123 RUDY CARDENAS 175.00
123269 09/26/2024 4332 ERIC ARROYO 2,700.00
123270 09/26/2024 4349 Intelli-Tech 19,860.00
123271 09/26/2024 4379 789, Inc. 4,958.33
123272 09/26/2024 4389 EMPLOY AMERICA 2,580.00
123273 09/26/2024 4438 CALIFORNIA COMPUTER SCHOOLS, INC 150.00 123274 09/26/2024 4448 FS CONTRACTORS, INC. 527.50
123275 09/26/2024 4455 FRONTIER 211.02
123276 09/26/2024 4571 POWER SECURITY GROUP INC 11,927.50 123277 09/26/2024 4676 Hill Brothers Chemical Company 2,182.95 123278 09/26/2024 4704 S & J Supply Company, Inc. 7,264.35 123279 09/26/2024 4714 CIR, Inc. 41,193.88
123280 09/26/2024 4764 UniFirst Corporation 1,419.20
123281 09/26/2024 4766 HASA, INC. 8,912.69
123282 09/26/2024 4784 Apollo Wood Recovery, Inc. 4,670.24 123283 09/26/2024 4824 Occu-Med, Ltd. 859.40
123284 09/26/2024 4854 CEJ Engineers, Inc. 40,750.00
123285 09/26/2024 4863 La Verne Power Equipment 182.44
123286 09/26/2024 4871 HARRINGTON INDUSTRIAL PLASTICS, LLC 7,892.12 123287 09/26/2024 4925 Humane Society of Pomona Valley, Inc. 25,661.58 123288 09/26/2024 4960 Data Ticket, Inc. 214.50
123289 09/26/2024 4974 Wells Tapping Service, Inc. 4,850.00 123290 09/26/2024 5081 Veolia ES Technical Solutions, LLC 211.06 123291 09/26/2024 5109 SITEREP CONSTRUCTION SERVICES, INC. 36,575.00 123292 09/26/2024 5117 Steam It All LLC 620.00
Attachment A Page 7 of 8

CITY OF COVINA
Check Register
Aug 30, 2024 - Sept 26, 2024
Check # Check Date Vendor Name Amount
123293 09/26/2024 5137 MasterCorp Commercial Services LLC 4,578.79 123294 09/26/2024 5169 Occupational Health Centers of California 643.00 123295 09/26/2024 5228 ODP BUSINESS SOLUTIONS, LLC 316.36 123296 09/26/2024 5291 AMAZON CAPITAL SERVICES, INC 479.95 123297 09/26/2024 5354 MALLORY SAFETY & SUPPLY LLC 2,407.92 123298 09/26/2024 5376 BLUEBEAM INC 6,930.00
123299 09/26/2024 5394 SIERRA PLUMBING & DRAIN CLEANING 1,250.00 123300 09/26/2024 5443 ZOOBEAN INC 1,382.10
123301 09/26/2024 5450 RIVISTAS LLC 1,302.49
123302 09/26/2024 5456 JOSE GONZALEZ 8,000.00
123303 09/26/2024 5464 ADVANCE STORES COMPANY INC 25.37 123304 09/26/2024 5503 NICHOLS CONSULTING ENGINEERS CHTD 1,386.25 123305 09/26/2024 5507 MCMURRAY STERN LLC 64,394.83
123306 09/26/2024 5508 ROADLINE PRODUCTS INC USA 6,281.33 123307 09/26/2024 5530 FC AND SONS ROOFING INC 156,743.35 123308 09/26/2024 5531 CU TECHNOLOGY LLC / ACORN TECHNOLOGY SERVICES 18,000.00 123309 09/26/2024 5532 ABSOLUTE SOFTWARE INC 1,262.50
123310 09/26/2024 5553 SOUTHERN TIRE MART LLC 396.17
123311 09/26/2024 5562 SIDEPATH INC. 164,541.93
123312 09/26/2024 5577 Bear Electrical Solutions, LLC 21,120.00 123313 09/26/2024 99999 ALVARO ARREOLA 58.40
123314 09/26/2024 99999 CAL GREEN CONSTRUCTION 2,700.00 123315 09/26/2024 99999 CHARTER COMMUNICATIONS 1,911.00 123316 09/26/2024 99999 DEREK GONZALES 129.85
123317 09/26/2024 99999 ELCC LLC 426.25
123318 09/26/2024 99999 HENRY TSE 81.67
123319 09/26/2024 99999 LINDA POTTER 346.53
123320 09/26/2024 68 AFLAC ACCT# YQ792 WORLDWIDE HEADQUARTERS 4,102.64 123321 09/26/2024 69 AFSCME District Council 36 686.72
123322 09/26/2024 775 COVINA POLICE ASSOCIATION 3,650.00 123323 09/26/2024 878 DELTA DENTAL OF CALIFORNIA 9,151.50 123324 09/26/2024 3795 PRE-PAID LEGAL SERVICES, INC 138.53 123325 09/26/2024 3846 CLEA 1,280.00
123326 09/26/2024 4255 RELIASTAR LIFE INSURANCE COMPANY 4,386.36 123327 09/26/2024 4710 Fidelity Security Life Insurance Company 1,005.06 subtotal checks $ 3,835,497.66
120046 02/07/2024 5252 THE YOGA DANCE CO (159.26)
120628 03/20/2024 5252 THE YOGA DANCE CO (79.60)
subtotal voids $ (238.86)
payroll (09/12/24) $ 1,130,299.44
payroll (09/26/24) $ 1,126,992.04
workers' compensation $ 138,066.06
TOTAL checks/EFTs $6,644,470.23
Attachment A Page 8 of 8

CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. CC 3
Meeting: October 15, 2024
Title: City of Covina Investment Report for Month Ended September 30, 2024 Presented by: Theresa Franke, Interim Director of Finance Charles Russom, Senior 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 September 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 8/31/2024 $93,854,800.41
RECEIPTS 9/1/24-9/30/24 10,684,104.09

DISBURSEMENTS 9/1/24-9/30/24 (11,542,750.97)
CASH AND INVESTMENT BALANCE 9/30/2024 $92,996,153.53

ANALYSIS OF CASH AND INVESTMENT BALANCE - BOOK VALUE
INVESTMENT PORTFOLIO Attachment A-2 $56,729,549.41
LOCAL AGENCY INVESTMENT FUND Attachment A-4 23,543,379.31 TOTAL PUBLIC INVESTMENTS 80,272,928.72
CHECKING / PETTY / STIFEL CASH BALANCES 12,723,224.81
CASH AND INVESTMENT BALANCE 9/30/2024 92,996,153.53
CASH HELD BY BOND TRUSTEES 4,053,654.89
TOTAL CASH AND INVESTMENT / BOND TRUSTEE CASH BALANCE 9/30/2024 $97,049,808.42

CITY OF COVINA INVESTMENT REPORT
FOR THE MONTH ENDED SEPTEMBER 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 ACQUISITIONMATURITY MARKET

TYPE OF INVESTMENT ISSUER VALUE DATE DATE VALUE
City of Covina:

Drawer & Petty Cash N/A $7,780.12 N/A N/A $7,780.12
General - Checking Account BMO 1,643,905.05 N/A Demand 1,643,905.05 Public Agency Saving - Parking Fines BMO 75,087.85 N/A Demand 75,087.85 Utility Billing Account BMO 51,911.55 N/A Demand 51,911.55Workers' Compensation - Checking Account BMO 109,400.25 N/A Demand 109,400.25Payroll - Checking Account BMO 489,471.92 N/A Demand 489,471.92Money Market BMO 2,249,035.49 N/A Demand 2,249,035.49 AFLAC Flexible Spending Account BMO 18,026.41 N/A Demand 18,026.41 STIFEL Cash Per GL Various 8,078,606.17 Various Various 8,078,606.17STIFEL Investment Portfolio Various 56,729,549.41 Various Various 56,880,092.57Local Agency Investment Fund State of California 23,543,379.31 N/A Demand 23,543,379.31 Subtotal (A) $92,996,153.53 $93,146,696.69
Cash Held With 3rd Party Administrator:TRIP 2017A Covina Wilmington Trust $593.56 N/A Demand $593.56 LA County Loan Agreement U.S. Bank 1,625,014.76 N/A Demand 1,625,014.76 Other Post-Employment Benefits Charles Schwab 1,465,408.19 N/A Demand 1,465,408.192021 Taxable Pension Obligation Bonds U.S. Bank 6,751.42 N/A Demand 6,751.42 2019 Wastewater Refunding Bonds U.S. Bank 955,886.96 N/A Demand 955,886.96 Subtotal (B) $4,053,654.89 $4,053,654.89
TOTAL (A+B) $97,049,808.42 $97,200,351.58

CITY OF COVINA

CASH AND INVESTMENT SUMMARY
FOR THE MONTH ENDED SEPTEMBER 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
September 2024
Issuer
Purchase
Date
Market Price Per
Share Qty
Total Original Cost
Value Coupon CUSIP Maturity Trustee
FEDL Agric MTG CorpMedium Term Note 06/30/22 94.557000 1, 000,000 $ 915,357.70 0.9400 31422XGQ9 10/26/2026 Stifel FEDL Agric MTG CorpMedium Term Note 10/12/22 99.900000 1, 1, 000,000 5. 000,000.00 1000 3134GX4R2 10/28/2025 Stifel FEDL Agric MTG Corp -
Medium Term Note 07/02/24 100.648000 1, 1, 000,000 5. 000,000.00 2700 31424WLD2 7/9/2027 Stifel Total Agricultural Mortgage 2, 3,000,000 $ 915,357.70
FEDL Farm Credit Bank Bond 02/02/22 98.998000 1, 000,000 $ 998,647.01 1.3200 3133ENLU2 1/21/2025 Stifel FEDL Farm Credit Bank Bond 02/02/22 95.397000 1, 000,000 1. 996,151.59 5000 3133ENKV1 1/13/2027 Stifel Federal Farm Credit Bank Bond 04/07/22 98.853000 1, 1, 000,000 3. 010,337.92 1500 3133EJDV8 3/22/2027 Stifel FEDL Farm Credit Bank Bond 01/10/23 100.004000 1, 1, 000,000 5. 000,000.00 1400 3133EN6C9 1/18/2028 Stifel FEDL Farm Credit Bank Bond 08/12/24 100.304000 1, 1, 000,000 4. 000,000.00 6200 3133ERNS6 8/12/2027 Stifel Total Federal Farm Credit 5, 5,000,000 $ 005,136.52
FEDL Home Loan Bank Bond 02/02/22 98.731000 1, 1, 000,000 $ 013,751.22 2.6250 3130A6ZQ3 12/12/2025 Stifel FEDL Home Loan Bank Bond 04/07/22 98.720000 1, 1, 000,000 3. 005,818.55 0000 3130A2VE3 9/11/2026 Stifel FEDL Home Loan Bank Bond 06/30/22 99.200000 1, 000,000 1. 952,708.25 0000 3130AQF40 12/20/2024 Stifel Tennessee Valley AuthPWR Bond 1995 SER E 06/30/22 102.926000 1, 1, 000,000 6. 039,574.56 7500 880591CJ9 11/1/2025 Stifel FEDL Home Loan Bank Bond 10/12/22 99.969000 1, 1, 080,000 5. 079,730.00 5000 3130ATMD6 10/27/2027 Stifel FEDL Home Loan Bank Bond 01/09/23 99.922000 2, 2, 000,000 5. 000,000.00 0000 3130AUGG3 1/24/2025 Stifel FEDL Home Loan Bank Bond 04/10/23 99.921000 1, 1, 000,000 5. 000,000.00 5000 3130AVMT6 4/28/2028 Stifel FEDL Home Loan MTG Corp -
Medium Term Note 04/24/23 100.044000 1, 1, 000,000 5. 000,000.00 1500 3134GYQT2 5/1/2026 Stifel FEDL Home Loan Bank Bond 05/09/23 99.965000 1, 1, 000,000 5. 000,000.00 0500 3130AVZG0 5/15/2028 Stifel FEDL Home Loan MTG Corp -
Medium Term Note 10/23/23 99.889000 1, 1, 000,000 6. 000,000.00 0000 3134H1HY2 10/30/2028 Stifel FEDL Home Loan MTG CorpPool #WN2479 12/04/23 101.477200 1, 000,000 4. 993,437.50 9400 3132XGXH4 5/1/2028 Stifel FEDL Home Loan Bank Bond 01/11/24 100.050000 1, 1, 000,000 5. 000,000.00 5000 3130AYFM3 1/12/2029 Stifel FEDL Home Loan Bank Bond 01/29/24 99.986000 1, 1, 000,000 5. 000,000.00 4000 3130AYJX5 1/23/2029 Stifel FEDL Home Loan Bank Bond 01/29/24 99.996000 1, 1, 000,000 5. 000,000.00 3500 3130AYM86 1/24/2029 Stifel FEDL Home Loan MTG Corp -
Medium Term Note 02/12/24 99.973000 1, 1, 000,000 5. 000,000.00 3500 3134H1RV7 2/8/2029 Stifel FEDL Home Loan MTG CorpPool#WN2534 02/16/24 101.160800 1, 000,000 4. 997,187.50 9000 3132XGY83 12/1/2028 Stifel FEDL Home Loan MTG Corp -
Medium Term Note 02/20/24 100.017000 1, 000,000 5. 997,570.00 2500 3134H1TX1 2/23/2029 Stifel FEDL Home Loan MTG Corp -
Medium Term Note 02/22/24 100.068000 1, 000,000 5. 993,939.00 0000 3134H1UK7 2/23/2029 Stifel FEDL NATL MTG ASSNPool#BSB8718 Balloon 03/05/24 100.014200 1, 000,000 4. 986,562.50 3800 3140LKVL4 6/1/2028 Stifel FEDL Home Loan MTG CorpPOOL#WN2559 4/10/2024 1, 100.804100 000,000 979,062.50 4.6000 3132XGZZ2 1/1/2029 Stifel FEDL Home Loan MTG CorpPOOL#WN2537 04/16/24 101.465100 1, 000,000 989,687.50 4.9000 3132XGZB5 12/1/2028 Stifel FEDL NATL MTG ASSN Note 05/14/24 99.931000 1, 1, 000,000 5. 000,000.00 7500 3135GASM4 5/15/2029 Stifel FEDL NATL MTG ASSN Note 06/07/24 100.008000 1, 1, 000,000 5. 000,000.00 2600 3135GATR2 6/10/2027 Stifel FEDL Home Loan Bank Bond 09/04/24 100.290000 980,000 980,000.00 4.2000 3130B2GZ2 8/13/2029 Stifel FEDL Home Loan Bank Bond 09/09/24 99.901000 2, 2, 000,000 4. 000,000.00 0000 3130B2NS0 9/4/2029 Stifel Total Federal Home Loan 27, 27,060,000 $ 009,029.08

Investment Portfolio as of
September 2024
Issuer
Purchase
Date
Market Price Per
Share Qty
Total Original Cost
Value Coupon CUSIP Maturity Trustee
State Bank of India -
New York NY CD 02/01/22 95.381000 245,000 $ 245,000.00 1.7500 856285G21 2/9/2027 Stifel Pentagon Federal CR UN -
Tysons Corner VA 02/02/22 95.222000 245,000 1. 245,000.00 7000 70962LBE1 2/18/2027 Stifel Sallie Mae Bank -
Salt Lake City UT CD 02/16/22 96.329000 245,000 2. 245,000.00 2000 795451BH5 2/23/2027 Stifel American Express Natl BK -
Salt Lake City UT CD 03/01/22 98.802000 245,000 1. 245,000.00 8000 02589ABP6 3/10/2025 Stifel Beal Bank -
Las Vegas NV CD 03/01/22 95.976000 245,000 2. 245,000.00 0500 07371CK81 3/3/2027 Stifel Beal Bank -
Plano TX CD 03/01/22 95.976000 245,000 2. 245,000.00 0500 07371AZQ9 3/3/2027 Stifel BMW Bank North America -
Salt Lake City UT CD 03/01/22 98.833000 245,000 1. 245,000.00 8000 05580AK37 3/4/2025 Stifel Medallion Bank -
Salt Lake City UT CD 03/01/22 95.930000 245,000 2. 245,000.00 0500 58404DNG2 3/8/2027 Stifel Live Oak Bkg Co -
Wilmington NC CD 03/03/22 98.974000 249,000 1. 248,751.00 8500 538036HW7 2/14/2025 Stifel Cpital One Bank USA NA -
Glen Allen VA CD 04/07/22 97.341000 245,000 2. 245,000.00 7000 14042TFJ1 4/13/2027 Stifel Synchrony Bank -
Draper UT CD 04/07/22 97.338000 245,000 2. 245,000.00 7000 87165FK45 4/14/2027 Stifel Ally Bank -
Midvale UT CD 04/27/22 98.412000 245,000 2. 245,000.00 8500 02007GQQ9 5/5/2026 Stifel Capital One NA -
Mclean VA CD 04/27/22 98.126000 245,000 3. 245,000.00 0500 14042RRA1 5/4/2027 Stifel Goldman Sachs Bank USA -
New York NY CD 04/27/22 98.112000 245,000 3. 245,000.00 0500 38149M6Y4 5/11/2027 Stifel Toyota Finl Svgs BankHenderson NV CD 05/09/22 98.471000 245,000 3. 245,000.00 2000 89235MNH0 5/17/2027 Stifel First Natl Bank of AmerEast Lansing MI CE 05/16/22 98.959000 245,000 3. 245,000.00 0000 32110YXE0 11/28/2025 Stifel Morgan Stanley Bank NASalt Lake City UT CD 05/16/22 98.592000 245,000 3. 245,000.00 2500 61690UJ68 5/19/2027 Stifel Morgan Stanley PVT BK NAPurchase NY CD 05/16/22 98.592000 245,000 3. 245,000.00 2500 61768EJR5 5/19/2027 Stifel Discover BankGreenwood DE CD 05/20/22 98.461000 245,000 3. 245,000.00 2000 254673E36 5/24/2027 Stifel Barclays Bank DEWilmington DE CD 05/24/22 99.139000 245,000 3. 245,000.00 0500 06740KQS9 6/2/2025 Stifel BMO Harris Bank NAChicago IL CD 06/23/22 99.211000 245,000 3. 245,000.00 2000 05600XGK0 6/24/2025 Stifel American First CR UNBrea CA SHS CTF 06/30/22 99.267000 245,000 3. 245,000.00 2500 02616ABJ7 7/15/2025 Stifel Austin Telco Fed CR UNAustin TX SHS CTF 11/14/22 102.586000 245,000 5. 245,000.00 0500 052392CC9 11/27/2026 Stifel Baxter CR UNVernon Hills IL SHS CTF 11/14/22 102.505000 245,000 5. 245,000.00 0000 07181JAV6 11/30/2026 Stifel Oklahoma Fedl CR UNOklahoma City OK CD 11/14/22 100.018000 245,000 5. 245,000.00 0000 67886WAB3 11/22/2024 Stifel Rogue Credit UnionMedford OR SHS CTF 11/14/22 100.100000 245,000 5. 245,000.00 2000 77535MAE3 11/26/2027 Stifel USAlliance FCURye NY SHS CTF 11/14/22 100.061000 245,000 5. 245,000.00 0000 90352RCW3 11/29/2024 Stifel All in FED CR UnionDaleville AL SHS CTF 12/07/22 101.385000 245,000 4. 245,000.00 4500 01664MAA4 12/21/2026 Stifel Ideal Credit UnionWoodbury MN SHS CTF 12/07/22 102.334000 245,000 4. 245,000.00 5000 45157PAZ3 12/29/2027 Stifel Community West CR UNKentwood MI CD 12/12/22 100.531000 245,000 5. 245,000.00 0000 20416JAC8 6/23/2025 Stifel Alliant Credit UnionChicago IL SHS CTF 12/20/22 103.399000 245,000 4. 245,000.00 8500 01882MAA0 12/30/2027 Stifel Valley Strong CR UNBakersfield CA SHS CTF 01/04/23 100.046000 245,000 5. 245,000.00 1000 920133AL9 7/18/2025 Stifel Technology CR UNSan Jose CA SH CTF 01/09/23 100.049000 245,000 5. 245,000.00 1000 87868YAH6 7/21/2025 Stifel Sound CR UNTacoma WA ShS CTF 02/06/23 100.213000 245,000 5. 245,000.00 1000 83616HAC8 2/21/2025 Stifel First NATL BankDamariscotta ME CD 03/09/23 102.280000 245,000 5. 245,000.00 0000 32117BFR4 9/23/2026 Stifel

Investment Portfolio as of
September 2024
Issuer
Purchase
Date
Market Price Per
Share Qty
Total Original Cost
Value Coupon CUSIP Maturity Trustee
KodabankDrayton ND CD 03/09/23 102.276000 245,000 $ 245,000.00 5.0000 50007DAC3 9/22/2026 Stifel Truliant FEDL CR UNWinston Salem NC SHS CTF 03/09/23 101.800000 245,000 5. 245,000.00 1500 89789AAH0 3/23/2026 Stifel Knoxville TVA Employees -
Credit Union 04/13/23 99.207000 249,000 1. 236,275.11 9500 499724AL6 1/16/2025 Stifel Cornerstone BankFargo ND CD 05/01/23 104.298400 245,000 - 245,000.00 219232CR4 5/10/2028 Stifel Bank of BarodaNew York NY CD 05/09/23 99.982000 245,000 5. 245,000.00 0500 06063HQL0 11/15/2024 Stifel Centris FEDL CR UNOmaha NE SHS CTF 05/09/23 100.436000 245,000 5. 245,000.00 0000 15643VAB8 5/24/2025 Stifel NexBank Dallas TX CD 05/09/23 100.027000 245,000 5. 245,000.00 0500 653344CD1 5/15/2025 Stifel Credit Union of TexasAllen TX SHS CTF 05/11/23 100.123000 245,000 5. 245,000.00 1500 22551KAZ5 5/27/2025 Stifel Greenstate Credit UnionNorth Liberty IA SH CTF 05/11/23 100.060000 245,000 5. 245,000.00 1500 39573LEA2 11/18/2024 Stifel Tech Credit UnionCrown Point in CD CTF 05/15/23 100.067000 245,000 5. 245,000.00 1500 87823TAD0 11/25/2024 Stifel First Choice FEDL CR UNNew Castle PA SHS CTF 05/17/23 100.435000 245,000 5. 245,000.00 0000 31949HAA9 5/27/2025 Stifel Cross River BankTeaneck NJ CD 06/06/23 100.102000 245,000 5. 245,000.00 2500 227563CS0 12/16/2024 Stifel Global Federal CR UNAnchorage AK SHS CTG 06/06/23 100.644000 245,000 5. 245,000.00 2000 37892MAL8 6/16/2025 Stifel Americu CR UNRome NY SHS CTF 06/13/23 100.151000 245,000 5. 245,000.00 3500 03065QAP3 12/23/2024 Stifel Oregon CMNTY CR UNEugene OR SHS CTF 06/16/23 100.653000 245,000 5. 245,000.00 1500 68584JAE9 6/23/2025 Stifel Jefferson Finl FCUMetirie LA SHS CTF 06/21/23 100.128000 245,000 5. 245,000.00 2500 474067CH6 12/30/2024 Stifel CY Fair FCUHouston TX SHS CTF 06/26/23 101.318000 245,000 5. 245,000.00 3000 23248UAC1 7/14/2028 Stifel Southwest Heritage CUOdessa TX SHS CTF 06/26/23 101.472000 245,000 5. 245,000.00 1000 84503PAF7 1/7/2026 Stifel Western Alliance BankPhoenix AZ CD 06/26/23 100.079000 245,000 5. 245,000.00 2500 95763PPD7 1/7/2025 Stifel Inspire FEDL CR UN- Bristol
PA SHS CTF 06/29/23 101.964000 245,000 5. 245,000.00 0000 457731AQ0 6/30/2026 Stifel Liberty Fed CR UNEvansville IN SHS CTF 07/01/23 100.860000 245,000 5. 245,000.00 3000 53052LAW9 7/14/2025 Stifel TTCU Federal CR UnionTulsa OK CD 07/10/23 100.956000 245,000 5. 245,000.00 3500 89854LAE3 7/25/2025 Stifel Numerica Credit UnionSpokane VLY WA SHS CTF 07/12/23 105.396000 245,000 5. 245,000.00 1000 67054NBK8 7/31/2028 Stifel GESA CR UNRichland WA CD 07/19/23 102.519000 245,000 5. 245,000.00 2500 37424PAH7 7/31/2026 Stifel GHS FED CR UNBinghamton NY SHS CTF 08/02/23 100.762000 245,000 5. 245,000.00 6000 36266LAB2 8/17/2028 Stifel Pima FEDL CR UNTucson AZ SHS CTF 08/02/23 102.685000 245,000 5. 245,000.00 3000 722000AC0 8/17/2026 Stifel Communitywide FEDL CR UNSouth Bend IN SHS CTF 08/04/23 101.084000 245,000 5. 245,000.00 2000 20416TBD3 8/29/2025 Stifel Signature Federal Cred U 08/16/23 102.736000 245,000 5. 245,000.00 3000 82671DAG2 8/28/2026 Stifel Advantage FEDL CR UNRochester NY SHS CTF 08/24/23 101.690000 245,000 5. 245,000.00 3000 00790JAD4 12/31/2025 Stifel Money One FCULargo MD SHS CTF 09/01/23 105.305000 245,000 5. 245,000.00 0000 60936TAL3 9/14/2028 Stifel Tucson FEDL CR UNTucson AZ CD 09/01/23 105.268000 245,000 5. 245,000.00 0000 898812AC6 9/8/2028 Stifel Lafayette FEDL CR UNRockville MD SHS CTF 11/22/23 100.806000 245,000 5. 245,000.00 5500 50625LBP7 5/30/2025 Stifel Keypoint CR UNSan Jose CA SHS CTF 12/13/23 100.000000 245,000 5. 245,000.00 4000 49332PAC4 12/27/2024 Stifel SCE FCUIrwindale CA SHS CTF 12/13/23 100.520000 245,000 5. 245,000.00 0000 78413RAJ6 6/20/2025 Stifel Dannemora FED CR UNPlattsburgh NY CD 12/20/23 100.329000 245,000 5. 245,000.00 3000 236334AD0 12/28/2028 Stifel

Investment Portfolio as of
September 2024
Issuer
Purchase
Date
Market Price Per
Share Qty
Total Original Cost
Value Coupon CUSIP Maturity Trustee
Corp America Family CUElgin IL CD 02/13/24 100.000000 245,000 $ 245,000.00 5.0000 219873AA4 2/21/2025 Stifel Washington State BankWashington IA CD 4/2/2024 101.057000 245,000 5. 245,000.00 0000 93974LAG5 10/9/2025 Stifel Bethpage FED CR UNBethpage NY SHS CTF 04/29/24 100.484000 245,000 245,000.00 5.2500 08756MAA8 5/13/2025 Stifel Global FED CR UN -
Anchorage AK SHS CTF 05/14/24 101.932000 245,000 5. 245,000.00 0500 37892MAP9 5/29/2026 Stifel Morgan Stanley PVT BK NA -
Purchase NY CD 05/14/24 101.830000 245,000 5. 245,000.00 0500 61768E3X9 5/22/2026 Stifel First Foundation Bank -
Irvine CA CD 06/05/24 102.510000 245,000 5. 245,000.00 0625 32026U5X0 12/14/2026 Stifel First Bank -
Hamilton NJ CD 06/06/24 101.074000 245,000 5. 245,000.00 1500 319137CJ2 9/18/2025 Stifel Flagstar Bank NA -
Hicksville NY CD 06/06/24 101.176000 245,000 5. 245,000.00 3000 33847GHY1 9/12/2025 Stifel Bridgewater Bank -
Bloomington MN CD 06/20/24 100.419000 245,000 5. 245,000.00 3500 108622PX3 6/28/2029 Stifel First FEDL S&L ASSN -
Lakewood OH CD 06/20/24 101.302000 245,000 5. 245,000.00 3589 32023HBV9 6/28/2028 Stifel JPMorgan Chase Bank NAColumbus OH CD 06/20/24 100.369000 245,000 5. 245,000.00 4000 46657VCG3 6/25/2026 Stifel Credit Union New Jersey -
Ewing NJ SHS CTF 06/25/24 100.957000 245,000 5. 245,000.00 4611 22552BAA9 7/9/2027 Stifel Jovia FINL FEDL CR UN -
Westbury NY CD 7/2/2024 101.406000 245,000 245,000.00 5.0000 48115LAL8 1/20/2026 Stifel ClearPath FED CR UN -
Burbank CA SHS CTF 07/09/24 100.951000 245,000 5. 245,000.00 4000 18507MAD3 7/30/2029 Stifel Altaone FED CR UN -
Ridgecrest CA SHS CTF 8/27/2024 100.925000 245,000 3. 245,000.00 8500 02157RAC1 9/13/2029 Stifel Marine FEDL CR UNJacksonvill NC SHS CTF 08/27/24 100.612000 245,000 4. 245,000.00 3500 56824JBB9 2/27/2026 Stifel Workers FEDL Credit UNLittleton MA SHS CTF 08/27/24 100.551000 245,000 4. 245,000.00 0000 98138MCK4 8/30/2027 Stifel Vantage West CR UNTucson AZ SHS CTF 09/04/24 100.558000 245,000 245,000.00 4.0000 92213MAB7 9/13/2027 Stifel United Fidelity Bank FSBEvansville IN CD 09/16/24 100.685000 245,000 4. 245,000.00 3500 910286HZ9 3/27/2026 Stifel Total Certificates of Deposit 21, 21,813,000 $ 800,026.11 56, 56,873,000 $ 729,549.41
8,078,606.17
Stifel Total Value of Portfolio 64, 56,873,000 $ 808,155.58 Stifel Cash
Stifel Securities

Qty Purch Date Maturity
Date of
Disposition
Share Price at
Purchase Date Net Trade Amount Cost Basis Value Market Value Accrued Interest Issuer CUSIP Held by 10,000 09/04/24 8/13/2029 100.000000 $ 980,000.00 $ 980,000.00 $ 980,000.00 FEDL Home Loan Bank Bond 3130B2GZ2 Stifel 2,450 09/04/24 9/13/2027 100.000000 245,000.00 245,000.00 245,000.00 Vantage West CR UNTucson AZ SHS CTF 92213MAB7 Stifel
10,000 09/09/24 9/4/2029 100.000000 1,000,000.00 1,000,000.00 1,000,000.00 FEDL Home Loan Bank Bond 3130B2NS0 Stifel 10,000 09/16/24 9/4/2029 100.000000 1,000,000.00 1,000,000.00 1,000,000.00 FEDL Home Loan Bank Bond 3130B2NS0 Stifel 2,450 09/16/24 3/27/2026 100.000000 245,000.00 245,000.00 245,000.00 United Fidelity Bank FSBEvansville IN CD 910286HZ9 Stifel Total $ 3,470,000.00 $ 3,470,000.00 $ 3,470,000.00 -
Qty Purch Date Maturity
Date of
Disposition
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
10,000 5/29/2024 6/4/2029 9/4/2024 100.000000 $ 1,000,000.00 $ 1,000,000.00 - $ 14,000.00 FEDL Home Loan Bank Bond 3130B1ME4 Stifel 10,000 02/13/23 3/9/2026 9/9/2024 100.000000 1,000,000.00 1,000,000.00 - 84,000.00 FEDL Home Loan Bank Bond 3130AUXK5 Stifel 10,000 02/21/23 3/7/2025 9/9/2024 100.000000 1,000,000.00 1,000,000.00 - 80,250.00 FEDL Home Loan Bank Bond 3130AV3C4 Stifel 10,000 02/22/23 3/9/2028 9/9/2024 100.000000 1,000,000.00 1,000,000.00 - 79,500.00 FEDL Home Loan Bank Bond 3130AV4C3 Stifel 10,000 06/06/23 6/12/2026 9/12/2024 100.000000 1,000,000.00 1,000,000.00 - 68,750.00 FEDL Home Loan Bank Bond 3130AWD80 Stifel 10,000 10/12/22 10/18/2027 9/13/2024 100.000000 1,000,000.00 1,000,000.00 - 102,940.28 FEDL Home Loan Bank Bond 3130ATN94 Stifel 2,450 06/05/23 6/15/2028 9/16/2024 100.000000 245,000.00 245,000.00 - 16,600.91 Connexus Credit Union- Wausau
WI SHS CTF 20825WBN9 Stifel
10,000 06/01/23 12/14/2027 9/16/2024 100.000000 1,000,000.00 1,000,000.00 - 73,125.00 FEDL Home Loan MTG Corp
Medium Term Note 3134GYTL6 Stifel
10,000 03/25/24 9/21/2026 9/23/2024 100.000000 1,000,000.00 1,000,000.00 - 27,347.22 FEDL Home Loan Bank Bond 3130B0LF4 Stifel 10,000 03/25/24 3/27/2029 9/27/2024 100.000000 1,000,000.00 1,000,000.00 - 28,125.00 FEDL Home Loan MTG Corp -
Medium Term Note 3134H1WN9 Stifel
Total $ 9,245,000.00 $ 9,245,000.00 $ - $ 574,638.41
Period Interest Revenue
Previous Month $343,927.17
Previous 12 mos. $2,814,609.96

CITY OF COVINA
Investment Transaction Summary
for the Month Ended September 30, 2024
Purchased Investments
Net Revenue Analysis - for Period Ending September 30, 2024 Sold/Matured Investments
S:\Covina_PVT\Finance_PVT\Investments - City & CRA\Monthly Investment Reports\24-25\September 2024\September 2024 Investment Report v.1 Attachment A-3 City

Local Agency Investment Fund
P.O. Box 942809
Sacramento, CA 94209-0001
(916) 653-3001
October 08, 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
September 2024 Statement
Tran Type Definitions
Account Summary
Total Deposit: 0.00 Beginning Balance: 23,543,379.31
Total Withdrawal: 0.00 Ending Balance: 23,543,379.31
10/8/24, 9:31 AM LAIF Regular Monthly Statement
https://laifms.treasurer.ca.gov/RegularStatement.aspx 1/1 Attachment A-4

Statement Total
Balance Percentage
Cash Balances $12,723,225 13.11%
Local Agency Investment Fund 23,543,379 24.26%
Treasury / Agency 34,929,523 35.99%
Certificate of Deposits 21,800,026 22.46%
Funds Held by Bond Trustees 4,053,655 4.18%
Total $97,049,808 100.00%

CITY OF COVINA
Cash & Investment Holdings by Type as of September 30, 2024 *Average Investment coupon rate: 4.44% (based on weighted average of Original Cost Value) Cash Balances, 13.11%
Local Agency Investment
Fund, 24.26%
Treasury / Agency, 35.99%
Certificate of Deposits,

22.46%
Funds Held by Bond
Trustees, 4.18%

HOLDINGS BY TYPE
S:\Covina_PVT\Finance_PVT\Investments - City & CRA\Monthly Investment Reports\24-25\September 2024\Investment Holdings by Sector - September 24 Attachment A-5 City

CASH AND INVESTMENT BALANCE 8/31/2024 $638,638.90
RECEIPTS 9/1/24-9/30/24 -

DISBURSEMENTS 9/1/24-9/30/24 -
CASH AND INVESTMENT BALANCE 9/30/2024 $638,638.90

ANALYSIS OF CASH AND INVESTMENT BALANCE
CHECKING ACCOUNT $73,817.64
LOCAL AGENCY INVESTMENT FUND Attachment A-6 564,821.26
AVAILABLE CASH BALANCES $638,638.90
CASH HELD BY BOND TRUSTEES 0.00
TOTAL CASH AND INVESTMENT / BOND TRUSTEE CASH BALANC 9/30/2024 $638,638.90 FOR THE MONTH ENDED SEPTEMBER 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 $73,817.64 N/A Demand $73,817.64Local Agency Investment Fund State of California 564,821.26 Demand 564,821.26 Subtotal (A) $638,638.90 $638,638.90
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) $638,638.90 $638,638.90
* Formerly BNY Mellon

SUCCESSOR AGENCY TO THE COVINA REDEVELOPMENT AGENCY

CASH AND INVESTMENT SUMMARY
FOR THE MONTH ENDED SEPTEMBER 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
October 08, 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
September 2024 Statement
Tran Type Definitions
Account Summary
Total Deposit: 0.00 Beginning Balance: 564,821.26
Total Withdrawal: 0.00 Ending Balance: 564,821.26
10/8/24, 9:35 AM LAIF Regular Monthly Statement
https://laifms.treasurer.ca.gov/RegularStatement.aspx 1/1 Attachment A-6

Quarter
Ending City Agency*
9/30/2022 $82,974,326 $3,588,434
9/30/2023 $92,844,915 $3,736,498
9/30/2024. $97,049,808 $638,639

CITY OF COVINA AND SUCCESSOR AGENCY TO THE COVINA REDEVELOPMENT AGENCY Cash and Investments Three Year Comparison as of September 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
$10,000,000
$20,000,000
$30,000,000
$40,000,000
$50,000,000
$60,000,000
$70,000,000
$80,000,000
$90,000,000
$100,000,000
9/30/2022 9/30/2023 9/30/2024.
$82,974,326
$92,844,915
$97,049,808
$3,588,434 $3,736,498 $638,639
MONTH ENDING SEP 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\24-25\September 2024\Cash Comparison September 2024 Attachment A-7 City and Agency

Carrying Cost Plus
Description Accrued Interest Purch. Amortized Cost Fair Value Accrued Interest United States Treasury:

Bills 37,219,132,119.94 $ 37,611,761,722.45 $ 37,649,874,730.00 $ NA Notes 52,438,209,673.44 $ 52,431,249,843.99 $ 52,628,447,237.50 $ 338,916,414.00 $ Federal Agency:

SBA 234,789,566.25 $ $ 234,789,566.25 $ 239,688,922.19 $ 1,137,293.83 MBS-REMICs $ 1,343,330.39 $ 1,343,330.39 $ 1,333,133.17 $ 5,860.17 Debentures $ 8,551,295,296.41 $ 8,550,807,275.58 $ 8,572,162,650.00 $ 88,174,874.00 Debentures FR $ - $ - $ - $ -
Debentures CL $ 1,900,000,000.00 $ 1,900,000,000.00 $ 1,915,595,500.00 $ 23,839,290.00 Discount Notes $ 27,802,855,756.89 $ 28,183,541,083.32 $ 28,201,570,100.00 NA Supranational Debentures $ 3,045,579,031.00 $ 3,045,427,121.27 $ 3,058,954,350.00 $ 30,087,194.50 Supranational Debentures FR $ - $ - $ - $ -
CDs and YCDs FR $ - $ - $ - $ -
Bank Notes $ - $ - $ -
CDs and YCDs $ 14,150,000,000.00 $ 14,150,000,000.00 $ 14,167,238,042.50 $ 234,857,430.54 Commercial Paper $ 9,817,309,625.04 $ 9,932,313,000.02 $ 9,943,126,375.07 NA Corporate:

Bonds FR $ - $ - $ - $ -
Bonds $ 841,781,179.90 $ 841,450,311.84 $ 839,516,915.00 $ 7,674,799.03 Repurchase Agreements $ - $ - $ - $ -
Reverse Repurchase $ - $ - $ - $ -
Time Deposits $ 5,149,000,000.00 $ 5,149,000,000.00 $ 5,149,000,000.00 NA PMIA & GF Loans $ 419,106,000.00 $ 419,106,000.00 $ 419,106,000.00 NA TOTAL $ 161,570,401,579.26 $ 162,450,789,255.11 $ 162,785,613,955.43 $ 724,693,156.07 Fair Value Including Accrued Interest $ 163,510,307,111.50 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 (1.002061084).

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 $20,041,221.68 or $20,000,000.00 x 1.002061084.

State of California
Pooled Money Investment Account
Market Valuation
9/30/2024
Attachment A-8

CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. CC 4
Meeting: October 15, 2024
Title: Traffic Calming Improvements Project – Project No. T2503 – Workman Avenue and 2nd Avenue Stop Sign Installation – Final Acceptance and Filing Notice of Completion Presented by: Rafael M. Fajardo, Interim Director of Public Works/City Engineer Recommendation: 1. Accept the work performed by FS Contractors, Inc.; and

2. Authorize the City Clerk to file a Notice of Completion for the Traffic Calming Improvements Project – Project No. T2503 – Workman Avenue and 2nd Avenue Stop Sign Installation.

EXECUTIVE SUMMARY/BACKGROUND:

Accept the work performed by FS Contractors, Inc. and authorize the City Clerk to file a Notice of Completion (Attachment A) for Traffic Calming Improvements Project – Project No. T2503 – pertaining to the Workman Avenue and 2nd Avenue Stop Sign Installation.

On July 2, 2024, the City Council approved a contract with FS Contractors, Inc. in the amount of $89,840 for the installation of a multi-way stop control sign at the intersection of Workman Avenue and 2nd Avenue. Accordingly, in order to install the requisite stop sign, modifications on the existing northeast corner of the intersection were required including:
 Construction of bulb out curb at the NE corner of Workman Avenue and 2nd Avenue  Installation of new ADA ramps
 Installation of new striping and signage
DISCUSSION:

During construction, the need for additional work not included in the original scope of work was identified by the City. As a result, the City Engineer reviewed and approved the following change orders, increasing the overall contract amount by $9,815:
 Change Order No. 1 – Increased the overall contract amount by $8,710 for additional grinding and paving  Change Order No. 2 – Increased the overall contract amount by $1,105 due to quantity adjustments related to sidewalk construction
FISCAL IMPACT:

Project funding allocated for the Traffic Calming Improvements Project – Project No. T2503 – Workman Avenue and 2nd Avenue Stop Sign Installation is conveyed below:

Source of Project Funds Amount Account
Measure M $105,840 2420-2200-55310-P2008 &
2420-2200-55310-T2503
Total $105,840
The following table represents the final project summary:

Item Actual
Total Project Appropriations $105,840.00
Total Project Expenditures ($105,655.00)

1. FS Contractors, Inc. – (contract amount + change orders) ($99,655.00)

2. CEJ Engineers (construction management & paving
inspection) ($6,000.00)
Total Project Remaining Balance $185.00
CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):

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

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

Respectfully submitted,

ATTACHMENT A

RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

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

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

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

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

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

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

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

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

NAMES ADDRESSES

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

NAMES ADDRESSES

7. A work of improvement on the property hereinafter described was completed on: August 29, 2024 . The work done was:

Traffic Calming Improvements Project – Project No. T2503 – Workman Avenue and 2nd Avenue Stop Sign Installation

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

FS Contractors, Inc. July 2, 2024
(If no contractor for work of improvement as a whole, insert “None”) (Date of Contract)

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

Traffic Calming Improvements Project – Project No. T2503 – Workman Avenue and 2nd Avenue Stop Sign Installation

10. The street address of said property is Northeast Corner of Workman Avenue & 2nd Avenue (If no street address has been officially signed, insert “None”.) Dated October 15, 2024
Fabian Velez, Chief Deputy City Clerk, City of Covina

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

Executed on October 15 , 2024 at Covina , California .
(Personal signature of the individual of the individual who is swearing that the contents of the Notice of Completion are true.)

CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. CC 5
Meeting: October 15, 2024
Title: Hollenbeck Park Trash Enclosure Project – Project No. P2501 – Final Acceptance and Filing Notice of Completion
Presented by: Rafael M. Fajardo, Interim Director of Public Works/City Engineer Recommendation: 1. Accept the work performed by Siterep Construction Services, Inc.; and

2. Authorize the City Clerk to file a Notice of Completion for the Hollenbeck Park Trash Enclosure Project – Project No. P2501.

EXECUTIVE SUMMARY/BACKGROUND:

On July 2, 2024, the City Council approved a contract with Siterep Construction Services, Inc in the amount of $51,500 for the construction and installation of a new trash enclosure at the westerly end of Hollenbeck Park located at 1250 North Hollenbeck Avenue. Project construction has been completed and City staff recommends acceptance of the work performed by Siterep Construction Services, Inc. and authorization for the City Clerk to file a Notice of Completion (Attachment A) for the Hollenbeck Park Trash Enclosure Project – Project No. P2501.

DISCUSSION:

The installation of the new trash enclosure at Hollenbeck Park encompassed the following features:
 Construction of a new trash enclosure per the City of Covina Trash Enclosure Standard Plans  Installation of metal roof panels and metal doors for sustainability  Color match to City specific Standard Plans that complements other citywide trash enclosures FISCAL IMPACT:

Available funding allocated for the Hollenbeck Park Trash Enclosure Project – Project No. P2501 is shown below:

Source of Project Funds Amount Account
Environmental $150,000 6200-5580-55200-P2501
Total $150,000
The following table represents the final project summary:

Item Actual
Project Appropriations $150,000
Siterep Construction Services, Inc. – (Contract
Amount) ($51,500.00)
CEJ Engineers, Inc. - (Construction Management
& Paving Inspection – Contract Amount ($19,080.00)
Total Expenditures ($70,580.00)
Total UNDER/(OVER) BUDGET $79,420.00
Project savings of $79,420 will be returned to the Department of Public Works’ Environmental Fund – Fund Balance and programmed for future capital improvement projects.

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,

Report Approval Details
Document Title: Hollenbeck Park Trash Enclosure Project - NOC.docx Attachments: - Attachment A - Notice of Completion.docx Final Approval Date: Oct 10, 2024
This report and all of its attachments were approved and signed as outlined below:

Raphael Guillen
Rafael Fajardo
Theresa Franke
Fabian Velez
Chris Marcarello

ATTACHMENT A

RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

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

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

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

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

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

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

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

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

NAMES ADDRESSES

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

NAMES ADDRESSES

7. A work of improvement on the property hereinafter described was completed on: October 11, 2024 . The work done was:

Trash Enclosure Project – Hollenbeck Park

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

Siterep Construction Services, Inc. July 2, 2024
(If no contractor for work of improvement as a whole, insert “None”) (Date of Contract)

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

Trash Enclosure Project – Hollenbeck Park

10. The street address of said property is 1250 N. Hollenbeck Ave, Covina, CA 91722 (If no street address has been officially signed, insert “None”.) Dated October 15, 2024
Fabian Velez, Chief Deputy City Clerk, City of Covina

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

Executed on October 15 , 2024 at Covina , California .
(Personal signature of the individual of the individual who is swearing that the contents of the Notice of Completion are true.)

CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. CC 6
Meeting: October 15, 2024
Title: Professional Services Agreement with Civiltec Engineering, Inc, for the Rancho La Merced Water Improvement Project – Project No. W2502 (Design Only) Presented by: Rafael M. Fajardo, Interim Director of Public Works/City Engineer Recommendation: Authorize the City Manager to execute a Professional Services Agreement between the City of Covina and Civiltec Engineering, Inc. in an amount not-to-exceed $55,890 for design engineering services pertaining to the Rancho La Merced Water Improvement Project – Project No. W2502 (Design Only).

EXECUTIVE SUMMARY:

As part of the City’s Fiscal Year 2024-2025 Capital Improvement Program, the City Council approved a project entitled “Rancho La Merced Water Improvement Project,” which consists of the following scope of work:
 Replace roof safety attachment clips
 Replace support for chemical feeder lines
 Modify overflow piping to discharge a new catch basin with an air gap  Install impressed cathodic protection system
 Replace anode handhold covers with new grommets
 Extend overflow and pump equipment drain line to the existing sewer main on Rancho La Merced Drive  Recoat interior and exterior surfaces of the steel tank, structural members and appurtenances DISCUSSION:

An Informal Request for Proposals (RFP) was distributed to three consultant firms for design services. In response to the RFP, two proposals were received with the following results:

Rank Consultant Location Cost
1 Civiltec Engineering, Inc. Monrovia, CA $55,890
2 CEJ Engineers, Inc Walnut, CA $75,000
3 EC + Associates Engineering, Inc. Downey, CA No Response FISCAL IMPACT:

A total project funding amount of $100,000 was allocated in the City’s approved Fiscal Year 2024-2025 Capital Improvement Program Budget for the Rancho La Merced Water Improvement Project.

Account Amount Account No.

Water - Capital Improvement Projects $100,000 6011-5060-51005-W2502 Total $100,000
CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):

This project has been determined to be categorically exempt under CEQA in accordance with Title 14, Chapter 3, Class 1, Sections 15301 and 15302. This exemption includes the minor alteration of existing public facilities

involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination.

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

Respectfully submitted,

ATTACHMENT A

PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement (“Agreement”) is dated October 15, 2024 (“Effective Date”) and is between the City of Covina, a California municipal corporation (“City”) and Civiltec Engineering, 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 Design Engineering Services for the Rancho La Merced Water Improvement Project – Project No. W2502 – Design Only.

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 Fifty-Five Thousand Eight Hundred and Ninety Dollars ($55,890) (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.

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 David Byrum, 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. 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: David Byrum
City of Covina Civiltec Engineering, Inc
125 E. College Street 118 W. Lime Ave
Covina, California 91723 Monrovia, CA 91016

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:

Civiltec Engineering, Inc
a California corporation
By:

Name: David Byrum
Title: President
By:

Name: Diana Occhipinti
Title: Board 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/SCOPE OF SERVICES

EXHIBIT B

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

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

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

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

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

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

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

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

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

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

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

Civil, Water, Wastewater, Drainage, Transportation and
Electrical/Controls Engineering ● Construction Management ● Surveying California ● Arizona
605 E. Huntington Drive, Suite 205, Monrovia, CA 91016 | P: 626.357.0588 September 24, 2024
City of Covina Sent Via Email: [email protected]
Public Works-Water Division
534 N Barranca Avenue
Covina, CA 91723
ATTN: Michael Melinte | Water Utility Superintendent
RE: Proposal for Rancho La Merced Reservoir Rehabilitation Civiltec Proposal No. PM24048.00
Dear Mr. Melinte,
Civiltec engineering, inc. (Civiltec) appreciates the opportunity to provide professional engineering services to the City of Covina (Client) for the above referenced project. We understand this project is for the rehabilitation of the Rancho La Merced Reservoir in Covina, California. The project will consist of preparing plans, specifications, and cost estimate ready for bidding and construction. Services also include bidding and construction support services.

Covina wishes to rehabilitate the existing La Merced above ground steel tank reservoir by performing the following improvements:

1. Recoating the interior and exterior surfaces of the steel tank, structural members and appurtenances. The exterior coating will be proposed as an optional item to bidders. Per the Dive Corr tank inspection report dated 2/13/24, the exterior coating is in overall good condition with the exception of the floor plate extension and areas around anode hand hole covers. Repair of these areas will be included as part of the base bid. The existing tank currently has 3 AT&T communications antennas attached to the tank with magnets. It is assumed per the agreement between the City and AT&T, AT&T will be responsible for all planning, coordination, materials, labor, equipment and costs associated with removing their antenna for the recoating operation and reinstalling their antenna after the coating has been applied and is fully cured.

2. Replace roof safety attachment clips.

3. Replace supports for chemical feeder lines. Replace chemical feeder line casing at the roof hatch connection.

ATTACHMENT B

City of Covina
Rancho La Merced Reservoir Rehab
September 24, 2024

4. Modifications to the existing overflow piping to provide discharge to a new catch basin with an airgap. The new catch basin would connected to the underground overflow piping.

5. Installation of an impressed cathodic protection system. Replace anode hand hold covers with new grommets.

6. Extension of the overflow and pump equipment drain line to the existing City sewer main on Ranch La Merced Drive. The drain line currently connects to an existing sump at street level.

The extension would connect at the existing end of the drain line and connect to the City sewer main. The sump would also be removed. To comply with health regulations the reservoir drain would be disconnected from the overflow drain line.

AUTHORIZED RESPONSIBLE ENGINEERS
Civiltec proposes to assign David Song, P.E., as company representative. As Principal of the firm, he is responsible for the firm’s timely response and quality completion of this project. He has complete authority to handle all contractual matters, commit Civiltec’s resources as necessary and take all action necessary to meet your requests. David will be assisted by Terry Kerger, P.E. as the senior project engineer. This team has completed numerous similar projects during the last 5 years together. Civiltec will manage this project directly from our Monrovia office.

SCOPE OF SERVICES
Based on our project understanding and professional experience, we have identified the following scope of services.

Phase 1. Preliminary Investigation and Design
A. Arrange and conduct a workshop with City management and staff, and the Civiltec project team to develop a list of reservoir rehabilitation issues, discuss schedules and obtain any additional reservoir reports, records, and documentation.

B. Conduct a site investigation to assist in preparing the site plan and verify the existing facilities as shown on the as-built plans.

C. Prepare 50% design plans. Plans will include general arrangement of the site, floor plan, roof plan and tank elevations. 50% plans will identify existing appurtenances and preliminary design of replacement appurtenances. Plans will include preliminary title sheet, second sheet (including vicinity map, location map, general notes, construction notes, etc.), plan and detail sheets. 50% design will be submitted to the City
Phase 2. Final Design
A. Prepare final drawings complete with improvement details. All drawings will be prepared on 24-inch by 36-inch sheets. We anticipate the design plans will include various sections and details. The drawings will be produced in AutoCAD, Release 2024. Civiltec will submit construction drawings as follows:
90% Design Review – Civiltec will address the 50% design review comments. We will submit reservoir plans and details to the City for review and comments. Schedule a meeting to discuss the submittal to expedite the review and approval process. 100% Design Review – Civiltec will submit reservoir plans for final approval from the City addressing the comments from the 90% submittal.

City of Covina
Rancho La Merced Reservoir Rehab
September 24, 2024

Final Approval – Civiltec will submit final signed original drawings to the City to be bid ready.

B. Prepare draft technical specifications and bid schedule at the 50% and 90% submittal milestones. Prepare 100% front end bid documents, special provisions, technical specifications and appendices in City standard format. Incorporate approved bidding schedule into the contract documents including a full description of bid items.

C. Prepare draft construction cost estimates to be submitted with the 50% and 90% drawings.

Prepare the 100% construction cost estimate in Excel to match the bidding schedule.

D. Provide completed signed documents and approved signed PDF files ready for bidding. We will provide the original drawings and original contract bidding documents to the City for your records. Provide AutoCAD drawings and PDF files sent electronically for City use.

E. Submit plans and permit applications to the Covina Building and Safety Department for the tank rehabilitation and the Public Works Department for the sewer connection. Answer any questions to the plan checkers and Covina personnel including plan revisions as necessary.

Pursue the permits until obtained.

Phase 2. Bidding and Construction Support Services
A. Civiltec will attend a pre-bid meeting with representatives of Covina and the bidders. We will answer any RFIs during the bidding phase and provide sketches or revised plans as necessary to clarify questions. Prepare addendums as necessary during the bidding phase. We will also garner interest from potential bidders that have performed this type of work. Civiltec will evaluate the bids and recommend for award.

B. Attend a pre-construction meeting with representatives of Covina and the contractor. Review shop drawing submittals, answer any RFIs and review change order requests.

SCHEDULE
Covina expressed desire to start construction in the Fall/Winter of 2025 when demands are low and the tank can be taken offline. Bidding would commence July/August 2025 and closing of bids would occur no later than September 2025.

FEE DISTRIBUTION SCHEDULE
Professional fees for the above-described services will be billed on a time and materials, not to exceed basis as summarized below. A breakdown of our hours and fees is included as Attachment A.

Phase 1. Preliminary Investigation and Design......................................................$18,290.00 Phase 2. Final Design.........................................................................................................$30,370.00 Phase 3. Bidding and Construction Support...............................................................$7,230.00 Total ......................................................................................................................$55,890.00 Any work not authorized within 3 months of the date of this proposal will be subject to renegotiations based on current rates. Capacity and impact fees associated with application filings shall be the responsibility of the Client. Additional services may be authorized by the Client based on Civiltec’s Hourly Rate Schedule. Civiltec will bill monthly for all work performed and expenses incurred on the project’s behalf.

City of Covina
Rancho La Merced Reservoir Rehab
September 24, 2024

STANDARD TERMS AND CONDITIONS
Unless otherwise indicated, Civiltec will provide services as described in our standard terms and conditions included as Attachment B.

If this proposal is acceptable, please return a signed copy to our office. Again, thank you for the opportunity to submit this proposal. We look forward to working with you on this project. Please contact the undersigned directly with any comments or questions.

Sincerely,
Civiltec engineering, inc.

David Song, P.E. ([email protected])
Principal Engineer, Senior Project Manager
Attachment(s):

A – Breakdown of Hours and Fees
B – Standard Terms and Conditions
Proposal Acceptance:

The Terms and Conditions of this proposal are:

Accepted this day of 2024.

By Authorized Client Representative:

Michael Melinte | Water Utility Superintendent
W:\Proposals\2024 Proposals\Monrovia\PM24048.00-Covina-Rancho La Merced Reservoir Rehabilitation\Proposal\DRAFT PM24048.00-Covina-Rancho La Merced Reservoir Rehab.docx

Attachment A
Breakdown of Hours and Fees

Rancho La Merced Rehabilitation
City of Covina
PM24048
September 24, 20224
SrPM PrEE SrPE SrSE SE PT
$ 250.00 $ 235.00 $ 235.00 $ 190.00 $ 175.00 $ 140.00 Electrical Phase 1 - Preliminary Investigation and Design 6 6 20 12 48 0 $ - $ 18,290.00 Task 1 - Workshop 2 2 $ 970.00
Task 2 - Site Investigation 2 2 8 $ 2,340.00
Task 3 - 50% Design 4 4 16 12 40 $ 14,980.00
Phase 2 - Final Design 16 12 40 12 50 8 $2,000.00 $ 30,370.00 Task 1 - Construction Drawings 4 4 16 12 40 $ 14,980.00 Task 2 - Bidding Documents 4 4 16 10 $2,000.00 $ 9,450.00 Task 3 - Cost Estimates 2 2 4 $ 1,910.00
Task 4 - Final Bidding Package 2 2 4 $ 1,910.00
Task 5 - Permitting 4 8 $ 2,120.00
Phase 3 - Bidding and Construction Support 12 6 12 0 0 0 $ - $ 7,230.00 Task 1 - Bidding Support 4 2 4 $ 2,410.00
Task 2 - Construction Support 8 4 8 $ 4,820.00
HOURS 34 24 72 24 98 8 260
BUDGET $8,500.00 $ 5,640.00 $ 16,920.00 $ 4,560.00 $ 17,150.00 $1,120.00 $2,000.00 $ 55,890.00 TOTAL
COST Scope of Work

HOURS GMC
PIC = Principal Engineer (PE) SrE = Senior Engineer (PE) SrPM = Sr. Project Manager PrEE = Principal Electrical Engr. (PE) PM = Project Manager SrPE = Sr. Project Engineer (PE) PE = Project Engineer (PE) SrD = Senior Designer SrSE = Sr. Staff Engineer (EIT) SE = Staff Engineer (EIT) D = Designer D/CAD = Designer/CAD Operator CAD = CAD Operator JrE = Jr. Engineer (Intern) PT = Planning Technician Admin = Admin. Asst./Clerical CO = Construction Observer SM = Survey Manager (PLS) PREPARED BY: CIVILTEC ENGINEERING, INC. PAGE 1 OF 1 Page 74 of 298 Attachment B
Terms and Conditions

TERMS AND CONDITIONS

1. SERVICES TO BE PROVIDED. Civiltec Engineering, Inc. (hereinafter Civiltec) is an independent consultant and agrees to provide Client, for its sole benefit and exclusive use, consulting services set forth in our proposal. Civiltec reserves the right to terminate services at any time. Payment for services rendered prior to the time of termination of services shall be due pursuant to the payment terms as described.

2. PAYMENT TERMS. Client agrees to pay our invoice upon receipt. If payment is not received within 30 days from the invoice date, Client agrees to pay a service charge on the past due amount at the prevailing legal rate (1 ½ percent monthly), including reasonable attorney’s fees if collected by an attorney, and Civiltec reserves the right to suspend all work until payment is received. No deduction shall be made from our invoice on amount of liquidated damages or other sums withheld from payments to Contractor or others. These payment terms may be amended in the Proposal.

Either party may terminate this Agreement without cause upon 30 days written notice. In the event Client requests termination prior to completion of the proposed services, Client agrees to pay Civiltec for all costs incurred plus reasonable charges associated with the termination of the work. In this event, Client also agrees to release Civiltec from all liability for services rendered.

In the event all or any portion of the services or work product prepared or partially prepared by Civiltec be suspended, abandoned, or terminated, Client shall pay Civiltec for all fees, charges, and services provided for the project, not to exceed any contract limit specified herein. Client acknowledges if the project services are suspended and restarted, there will be additional charges due to suspension of the services, which shall be paid for by Client as extra services.

3. STANDARD OF CARE. Civiltec will perform its services using that degree of care and skill ordinarily exercised under similar conditions by reputable members of our profession practicing in the same or similar locality. NO OTHER WARRANTY, EXPRESS OR IMPLIED, IS MADE OR INTENDED BY OUR PROPOSAL OR BY OUR ORAL OR WRITTEN REPORTS.

4. INSURANCE. Civiltec maintains insurance coverage as follows:
a) Worker’s Compensation - Statutory; Employers’ Liability $1,000,000 each accident/disease/policy limit; b) Professional Liability - $1,000,000 per claim, $5,000,000 aggregate; c) Commercial General Liability - $1,000,000 per occurrence, $2,000,000 aggregate; d) Umbrella Liability - $5,000,000 per occurrence, $5,000,000 aggregate; and e) Automobile Liability Insurance - $1,000,000 each accident.

5. PROFESSIONAL LIABILITY. Client agrees that Civiltec’s liability to Client or any third party due to any negligent professional acts, errors or omissions or negligent breach of contract will be limited to an aggregate of $50,000 or our total fee, whichever is greater. If Client prefers to have higher limits of professional liability, we agree to increase the limit up to a maximum of $1,000,000 upon Client’s written request at the time of accepting our proposal, provided Client agrees to pay an additional consideration of ten percent of our total fee, or $500, whichever is greater. The additional charge for the higher liability limit is because of the greater risk assumed by us and is not a charge for additional professional liability insurance.

6. SITE OPERATIONS AND SOIL CONDITIONS. Client will arrange for right-of-entry to the property for the purpose of performing studies, tests and evaluations pursuant to the agreed services. Client represents that it possesses necessary permits and licenses required for its activities at the site.

Civiltec makes no representations concerning soil conditions and is not responsible for any liability that may arise out of the making or failure to make soil surveys, or sub-surface soil tests, or general soil testing.

If a Contractor (not a subcontractor of Civiltec) is involved in the project, Client agrees, in accordance with generally accepted construction practices, that the contractor will be solely and completely responsible for the working conditions on the job site, including the safety of all persons and property during performance of the work, and compliance with OSHA regulations. These requirements will apply continuously and will not be limited to normal working hours. It is agreed that Civiltec will not be responsible for job or site safety on the project, other than for our employees and subcontractors.

Client acknowledges that Civiltec is not responsible for the performance of work by third parties including, but not limited to, the construction contractor and its subcontractors. Client further agrees to defend, indemnify and hold Civiltec harmless from any and all liability, real or alleged, in connection therewith, excepting liability arising from the negligence of Civiltec.

7. UNFORSEEN CONDITIONS OR OCCURRENCES. It is possible that unforeseen conditions or occurrences may be encountered, which could substantially alter the necessary services or the risks involved in completing our services. If this occurs, we will promptly notify and consult with Client, but will act based on our sole judgment where risk to our personnel is involved. Possible actions could include:
a) Complete the original Scope of Services in accordance with the procedures originally intended in our Proposal, if practical in our judgment; b) Agree with Client to modify the Scope of Services and the estimate of charges to include study of the unforeseen conditions or occurrences, with such revision agreed to in writing; and/or
c) Terminate the services effective on the date specified by us in writing.

8. CLIENT DISCLOSURE. Client agrees to advise Civiltec upon execution of this Agreement of any hazardous substance or any condition, known or that reasonably should be known by Client, existing in, on, or near the site that present a potential danger to human health, the environment, or

equipment. By virtue of entering into this Agreement or providing services hereunder, we do not assume control of or responsibility for the site or the person in charge of the site, or undertake responsibility for reporting to any federal, state or local public agencies any conditions at the site that may present a potential danger to public health, safety or the environment.

9. INDEMNITY. To the fullest extent permitted by law, the Client shall indemnify and hold harmless Civiltec, Civiltec’s officers, employees, directors, shareholders, subconsultants, and subcontractors from and against all claims, damages, losses, expenses, and other costs, including costs of defense and attorney’s fees resulting from the active, passive, or comparative neglect of the Client. In connection with toxic or hazardous substances or constituents and to the maximum extent permitted by law, Client agrees to defend, hold harmless and indemnify Civiltec from and against any and all claims and liabilities unless caused by our negligence or willful misconduct, resulting from:
a) Client’s violation of any federal, state or local statute, regulation or ordinance relating to the management or disposal of toxic or hazardous substances or constituents;
b) Client’s undertaking of or arrangement for the handling, removal, treatment, storage, transportation or disposal of toxic or hazardous substances or constituents found or identified at the site; c) Toxic or hazardous substances or constituents introduced at the site by Client or third persons before or after the completion of services herein; and
d) Allegations that Civiltec is a handler, generator, operator, treated, storer, transporter, or disposer under the Resource Conservation and Recovery Act of 1976 as amended or any other similar federal, state or local regulation or law due to the services provided under this Agreement.

10. DOCUMENTS. Civiltec will furnish to Client the agreed upon number of reports and supporting documents. These instruments of services are furnished for Client’s exclusive internal use and reliance in connection with the project or services provided for in this Agreement, not for advertising or other type of distribution or general publication, and are subject to the following:
a) For any other purposes, all documents generated by Civiltec under this Agreement shall remain the sole property of Civiltec. Upon request and payment of the costs involved, Client is entitled to copies of all papers, documents and drawings provided Client’s account is paid current.

Client agrees to obtain our written permission for any exception for use not described here. Any unauthorized use or distribution shall be at Client’s and recipients’ sole risk and without liability of Civiltec. b) Client shall furnish documents or information reasonably within Client’s control and deemed necessary by us for proper performance of our services. Civiltec may rely upon Client-provided documents in performing the services required under this Agreement; however, Civiltec assumes no responsibility or liability for their accuracy. Client-provided documents will remain the property of Client.

11. CLAIMS. The parties agree to attempt to resolve any dispute without resort to litigation. However, in the event a claim is made that results in litigation, and the claimant does not prevail at trial, then the claimant shall pay all costs incurred in defending the claim, including all reasonable attorney’s fees of both parties. The claim will be considered proven if the judgment obtained and retained through any applicable appeal is at least ten percent greater than the sum offered to resolve the matter prior to the commencement of trial.

12. OPINIONS OF COST. If requested, Civiltec will use its best efforts and experience on similar projects to provide realistic opinions or estimates of costs for installation of materials, remediation or construction as appropriate based on reasonably available data, our designs or our recommendations. However, such opinions are intended primarily to provide information on the order of magnitude or scale of such costs and are not intended for use in firm budgeting or negotiation unless specifically agreed otherwise in advance, in writing with Civiltec. Client understands actual costs of such work depend heavily on regional economics, local construction practices, material availability, site conditions, weather conditions, Contractor skills, and many other factors beyond our control.

13. CONFIDENTIALITY. Civiltec will maintain as confidential any documents or information provided by Client indicated to be confidential and will not release, distribute, or publish to any third party without prior permission from Client, except as compelled by order of a court or regulatory body of competent jurisdiction and then only after notice to Client.

14. SEVERABILITY. In the event that any provision of this Agreement is found to be unenforceable, the other provisions shall remain in full force and effect.

15. SURVIVAL. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating responsibility or liability between Client and Civiltec shall survive the completion of the services and their termination of this Agreement.

16. INTEGRATION. This Agreement, the attached Proposal and documents and those incorporated herein constitute the entire Agreement between the parties and cannot be changed except by a written instrument signed by both parties.

17. GOVERNING LAW. This Agreement shall be governed in all respects by the laws of the State of California or Arizona depending on the project location.

18. FEES. Client shall pay the costs of outside checking and inspection fees, zoning and annexation application fees, assessment fees, soils engineering fees, soil testing fees, aerial topography fees, and all other fees, permits, bond premiums, title company charges, blueprint and reproductions, and all other charges not specifically covered by the terms of this Agreement. ****END OF DOCUMENT****

CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. CC 7
Meeting: October 15, 2024
Title: Public Works Yard Roof Repair Project – Final Acceptance and Filing Notice of Completion
Presented by: Rafael Fajardo, Interim Director of Public Works/City Engineer Recommendation: 1. Accept the work performed by FC & Sons Roofing, Inc.; and

2. Authorize City Clerk to file a Notice of Completion for the Public Works Yard Roof Repair Project
EXECUTIVE SUMMARY:

Accept the work performed by FC & Sons Roofing, Inc. and authorize the City Clerk to file a Notice of Completion (Attachment A) for the Public Works Yard Roof Repair Project.

BACKGROUND/DISCUSSION:

On April 2, 2024, the City Council approved the award of a Minor Construction & Maintenance Services agreement to FC & Sons Roofing, Inc. in the amount of $164,993 for Roof Repairs at the Public Works Yard.

The project consisted of roof replacements for both the Administration and Building Maintenance Buildings where neither roof had been replaced in approximately 25 years and the efforts to patch and replace had become insufficient.

Due to normal wear and tear and exacerbated by last year’s severe rainstorms, both roofs were quickly deteriorating, resulting in significant and numerous leaks affecting staff offices and equipment storage areas. Roof repairs to these areas subsequently alleviated damage to ceiling tiles, insulation, lighting fixtures and interior walls. Additionally, the repairs provided a more suitable working environment for City staff and protections for the costly technological equipment stored within each facility.

FISCAL IMPACT:

Funding for this project in the amount of $164,993 was allocated from the Building Maintenance Fund (70206100-52400) as part of the City’s approved Fiscal Year 2023-2024 operating budget.

Item Actual
Minor Construction & Maintenance Services Agreement – FC & Sons Roofing, Inc. $164,933.00 Total Expenditures $164,933.00
Project Balance $0.00
CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):

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

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

Respectfully submitted,

ATTACHMENT A

RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

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

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

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

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

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

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

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

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

NAMES ADDRESSES

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

NAMES ADDRESSES

7. A work of improvement on the property hereinafter described was completed on: September 3, 2024 . The work done was:

Public Works Yard Roof Repair Project

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

FS & Sons Roofing, Inc. April 2, 2024
(If no contractor for work of improvement as a whole, insert “None”) (Date of Contract)

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

Public Works Yard Roof Repair Project

10. The street address of said property is 534 N Barranca Avenue Covina, CA 91723 (If no street address has been officially signed, insert “None”.) Dated October 15, 2024
Fabian Velez, Chief Deputy City Clerk, City of Covina

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

Executed on October 15 , 2024 at Covina , California .
(Personal signature of the individual of the individual who is swearing that the contents of the Notice of Completion are true.)

CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. CC 8
Meeting: October 15, 2024
Title: Resolution CC 2024-95 Approving and Recordation of Tract No. 82315 (Melia Homes) Located at 1000 N. Azusa Avenue
Presented by: Rafael M. Fajardo, Interim Director of Public Works/City Engineer Recommendation: Adopt Resolution CC 2024-95 approving the recordation of Tract No. 82315 (Melia Homes) located at 1000 N. Azusa Avenue.

EXECUTIVE SUMMARY:

Resolution CC 2024-95 (Attachment A) is presented for the City Council’s consideration to approve the recordation of Tract No. 82315 (Melia Homes) located at 1000 N. Azusa Avenue and authorizing the Mayor to execute the Subdivision Improvement Agreement (Attachment B) between the City and COVINAM 2024, LLC (Melia Homes) for the public improvements required for Tract No. 82315.

BACKGROUND:

On December 19, 2023, the City Council certified the Revised Final Environmental Impact Report (EIR) for the Cypress Villas Project. The City Council also approved a General Plan Amendment, a Specific Plan, a Zone Change, Tentative Tract No. 82315, and Tentative Parcel Map No. 84018, a Conditional Use permit, Site Plan Review Case 22-226, and a development Agreement. Tract No. 82315 reconfigures 5.1-acres of the project for condominium purposes to allow for the construction of 80 for-sale multi-family residential units and 17 live/work units within 20 three- story buildings including a pool and recreation area within the Covina Village Planning Area 1 - Townhome Residential 1.

DISCUSSION:

The City Engineer has reviewed the Tract Map (Attachment C) and has determined, in accordance with the provisions of Chapter 16.14 (Final Maps and Parcel Maps) of the Covina Municipal Code, that all conditions for the approval of Tract No. 82315 have been met. Approval of the Tract Map by the City Council will allow recordation of the map by Los Angeles County; completing the subdivision process.

Prior to the recordation of the Tract Map, the developer must enter into a Subdivision Improvement Agreement with the City of Covina to ensure the installation of all necessary improvements including A.C. Pavement and overlay, driveways, curb and gutter, ADA ramps, sidewalk, raised median improvements, street trees, pavement striping and markings, and traffic signing.

FISCAL IMPACT:

There is no fiscal impact to the City associated with the approval of Tract No. 82315.

CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):

During the review process, the City Council adopted Resolution CC 2023-119 approving the revised Final Environmental Impact Report.

Respectfully submitted,

ATTACHMENT A
RESOLUTION CC 2024-95

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COVINA, CALIFORNIA, APPROVING TRACT NO. 82315
WHEREAS, the City of Covina is a municipal corporation duly organized and existing pursuant to the Constitution and laws of the State of California (“City”); and WHEREAS, the Subdivision Ordinance of the City of Covina is embodied within Title 16 of the Covina Municipal Code; and
WHEREAS, a Tentative Tract Map application was submitted to the City of Covina by COVINAM 2024, LLC (Melia Homes) that reconfigures 5.1-acres of the project for condominium purposes to allow for the construction of 80 for-sale multi-family residential units and 17 live/work units within 20 three- story buildings including a pool and recreation area within the Covina Village Planning Area 1 - Townhome Residential 1 located at 1000 N. Azusa Avenue; and WHEREAS, pursuant to the provisions of Chapter 16.08 of the Covina Municipal Code, the City Council approved the Tentative Tract Map on December 19, 2023; and WHEREAS, during the review process, the City Council adopted Resolution CC 23-119 approving the revised Final Environmental Impact Report.; and WHEREAS, the City Engineer, in accordance with the provisions of Chapter 16.14 of the Covina Municipal Code, has determined that the applicant has met all of the required conditions of approval for the approval and recordation of the Final Tract Map.

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

SECTION 1. The City Council does hereby find that Tract No.82315 conforms to CEQA.

SECTION 2. The City Council does hereby approve and accept the final subdivision of Tract No. 82315.

SECTION 3. The City Council does hereby accept the easements for ingress and egress, sanitary sewer, water, public utility, fire lane, and emergency access purposes shown on said map.

SECTION 4. The City Clerk is hereby authorized to sign page one of said Tract Map and to transmit the same for recordation.

SECTION 5. The City Manager is hereby authorized to sign the Subdivision Improvement Agreement between the City and COVINAM 2024, LLC (Melia Homes) for the public improvements in said Tract No. 82315, a copy of which is attached hereto and included herewith.

Resolution CC 2024-95 Page 2 of 2
SECTION 6. The City Clerk shall certify to the passage and adoption of this resolution and shall enter the same in the Book of Original Resolutions.

APPROVED and PASSED this 15th day of October 2024.

City of Covina, California
BY:

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

CERTIFICATION
I, Fabian Velez, Chief Deputy City Clerk of the City of Covina, do hereby certify that Resolution CC 2024-95 was duly adopted by the City Council of the City of Covina at a regular meeting held on the 15
th day of October, 2024, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Dated:
____________________________________
FABIAN VELEZ, Chief Deputy City Clerk

ATTACHMENT B

ATTACHMENT C

CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. CC 9
Meeting: October 15, 2024
Title: First Amendment to the Agreement between the City of Covina and El Oasis Fisheria, Inc. for the Downtown Neighborhood Business Workforce Augmentation Program Presented by: Brian K. Lee, AICP, Director of Community Development Recommendation: Approve and Authorize the City Manager to execute an amendment and all related documents to the Agreement between the City of Covina (“City”) and El Oasis Fisheria, Inc. (“Participant”) for the Downtown Neighborhood Business Workforce Augmentation Program.

BACKGROUND:

The City of Covina is a recipient of the Federal Government’s Department of Housing and Urban Development (HUD) Community Development Block Grant (“CDBG”) funds which are targeted to benefit very-low, low, and moderate-income persons to eliminate slum and blight. Funding for this program is received through a partnership with the Los Angeles Community Development Authority (“LACDA”). As a disbursing agent for these funds, the City administers the Downtown Neighborhood Business Workforce Augmentation Program (“Program”). On May 3, 2022, City Council approved the City of Covina CDBG Downtown Neighborhood Business Workforce Augmentation Program Guidelines. The guidelines were established to ensure that the eligible businesses fulfill and understand the terms and conditions of all Program requirements.

The Program is designed to provide financial assistance to for-profit businesses in the Town Center Specific Plan (“TCSP”) by offsetting staffing costs of newly hired, income-eligible employees. In fiscal year 2023-2024, the Program was funded in the amount of $100,000. Program funding allows for four businesses located within the TCSP area to receive up to $25,000 in forgivable loans, which can be used to hire an income-eligible employee.

Eligible applicants must obtain documentation from the new employee at the time of hiring, proving that the applicant’s income is at or below 80% of the Area Median Income (AMI) for their household size. Businesses that are awarded these funds are given a $25,000 forgivable loan, which will be forgiven after one year of successful participation and program compliance.

DISCUSSION:

On February 28, 2024, Hector Rodriguez and Joel Ruiz, dba El Oasis Fisheria Inc., (“Participant”) entered into an Agreement with the City of Covina in order to receive grant funds. The Program Guidelines, Participation Period requires participating businesses to hire a 40-hour full time equivalent (“FTE”) income-eligible employee(s) within three months after the effective date of the Agreement for one year from the hiring date as a public benefit in exchange for the $25,000 grant funds. The Participant has hired a 40-hour FTE income-eligible employee(s), but despite good-faith efforts has been unable to maintain FTE compliance. In lieu of finding an event of default and requiring prompt repayment of the loan, the proposed amendment (Attachment A) would modify the beginning date of the Participation Period to September 15, 2024, when the FTE requirement was first satisfied. This would then require the Participant to maintain the grant requirements for 12 months beginning at the September 15, 2024 date. The Participant would then be required to fulfill the grant obligations by September 15, 2025.

FISCAL IMPACT:

This action has no fiscal impact.

CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):

Not applicable.

Respectfully submitted,

ATTACHMENT A
This Amendment No. 1 (“First Amendment”) to the February 28, 2024, Downtown Neighborhood Business Workforce Augmentation Program Loan-to-Grant Agreement (“Agreement”) between the City of Covina, a California municipal corporation (the “City”) and Hector Rodriguez and Joel Ruiz, doing business as (“dba”) as El Oasis Fisheria Inc., a C Corporation (the "Participant”) is dated October 15, 2024, and is between the City and the Participant.

RECITALS
A. The City and the Participant entered into the Agreement for the Participants’ participation in the Downtown Neighborhood Business Workforce Augmentation Program (“Program”) for a $25,000 loan to be used to offset staffing costs of a newly hired income-eligible full-time-equivalent (“FTE”) employee(s). Subject to compliance with all Program requirements, the loan may be forgiven and converted into a grant.

B. Participant has hired an income-qualified employee, but has yet to demonstrate FTE compliance.

C. The City and the Participant desire to amend the Agreement to modify the beginning date of the Participant’s Retention Certification, Participation Period to 12 months starting from September 15, 2024, when the FTE requirement was first satisfied and make similar amendments to the Eligible Costs as set forth in Attachment No 1.

The parties therefore agree as follows:

Section 1. The first sentence of Section 3. 2. 4 of the Agreement is hereby amended to read as set forth below, with the remainder of Section 3.2.4 remaining the same:
“The required period of time for program compliance and loan forgiveness is one year (Participation Period) from the hiring date of the eligible job created, as determined by the City, which for purposes of this Agreement is September 15, 2024 unless, in the discretion of the City, the Participant has failed to demonstrate compliance with the FTE requirement.”
Section 2. Attachment No. 1 of the Agreement is hereby amended to read as set forth in Exhibit A to this Amendment No. 1, which his hereby incorporated into the Agreement.

Section 3. Except as expressly modified or supplemented by this First Amendment, all other provisions of the Agreement shall remain unaltered and in full force and effect. In the event of a conflict between the provisions of this First Amendment and the provisions of the Agreement, the provisions of this First Amendment shall control.

The parties are signing this Agreement on the date stated in the introductory clause. [SIGNATURES TO FOLLOW ON NEXT PAGE]

FIRST AMENDMENT TO DOWNTOWN NEIGHBORHOOD BUSINESS

WORKFROCE AUGMENTATION PROGRAM LOAN-TO-GRANT AGREEMENT

City:

City of Covina,
a California municipal corporation
By:

Name: Chris Marcarello
Title: City Manager
ATTEST:

By:

Name:

Title: Chief Deputy City Clerk
Participant:

Hector Rodriguez and Joel Ruiz dba El Oasis
Fisheria Inc., a C Corporation
By:

Name: Hector Rodriguez
Title:

By:

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

FIRST AMENDMENT TO DOWNTOWN NEIGHBORHOOD BUSINESS

WORKFROCE AUGMENTATION PROGRAM LOAN-TO-GRANT AGREEMENT

Exhibit A
ATTACHMENT NO. 1

ELIGIBLE COSTS
Participant's use of the funds shall be limited to the following and shall be consistent with Program requirements, set forth in this Agreement and the Program Guidelines, and all applicable laws, rules, and regulations pertaining to the funding source, including but not limited to CDBG regulations:

Funds may be used by Participant for personnel costs to hire an income-eligible employee, with an income at or below 80% of the Area Median Income (AMI) for their household size. A minimum of fifty-one percent (51%) of the employees hired by Participant under the Program must be qualified as low- and moderate-income household. Employee(s) hired under this Program must be retained for at least one (1) year from the hiring date to maintain Program compliance.

Participant shall have three (3) months from the date this Agreement is executed to fulfill the employment position.

If, for three (3) consecutive months the required position has remained vacant, this Agreement will be terminated, and the Loan balance will be due and payable.

The required period of time for program compliance and loan forgiveness is one year (Participation Period) from the hiring date of the eligible job created. The Participation Period is 12 months from when the full-time-equivalent (“FTE”) requirement is met as determined by the City and for purposes of this Agreement shall commence on September 15, 2024, provided Participant as satisfied the FTE requirement. The Participant is responsible for retaining any documentation evidencing eligible expense use and subject to an audit to evidence such use of loans. Should the Participant not meet the obligations as required in the Agreement, Program Guidelines, or other applicable laws or regulations, loaned funds will be due and payable to the City.

CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. CC 10
Meeting: October 15, 2024
Title: First Amendment to the Agreement between the City of Covina and Homebred for the Business Assistance Job Creation Program
Presented by: Brian K. Lee, AICP, Director of Community Development Recommendation: Approve the amendment and authorize the City Manager to execute an amendment and all related documents to the Agreement between the City of Covina (“City”) and Homebred (“Participant”) for the Business Assistance Job Creation Program.

BACKGROUND:

On March 11, 2021, President Biden signed into law The American Rescue Plan of 2021 (“ARPA”). Included in this bill was $130.2 billion for local governments to provide area-specific assistance to respond to and mitigate the negative effects of the COVID-19 pandemic on their communities. On August 17, 2021, the Covina City Council adopted Resolution 2021-99, accepting the ARPA funding allotment and appropriating the first tranche of funds towards a wide range of local programs & services.

On April 19, 2022, the guidelines for the Existing Business Capital Assistance Program, and the New Business Vacant Storefront Capital Improvement Program were approved by Council. Funds from both the Existing Business and New Business Working Capital Assistance Programs have been subscribed, providing roughly $450 thousand to eighteen (18) existing and new businesses in the community. Previously funding was allocated through the Revenue Replacement category of ARPA, which allowed funding to be spent out of Measure CC replacement funding.

Due to the high success of both the Existing Business and New Business Working Capital Assistance Programs, the Covina City Council adopted Resolution CC 2023-112 on December 5, 2023, amending the fiscal year 2023- 2024 operating budget to appropriate $250,000 from the general fund to facilitate the Business Assistance Job Creation Program (“Program”). The Program focuses on job creation, which the City Council has determined is a public benefit to the residents and businesses of Covina.

Program funding allows for up to ten (10) businesses in the City of Covina to receive up to $25,000 in forgivable loans, with the loan forgiven after one year of successful participation and program compliance. In exchange for program funds, participating businesses must hire a 40-hour full time equivalent (“FTE”) income-eligible employee(s) for one year from the hiring date as a public benefit. Eligible grant recipients must obtain documentation from the newly-hired employee at the time of hiring, proving that the applicant’s income is at or below 80% of the Area Median Income (“AMI”) for their household size. All participant will self-certify compliance with grant requirements and maintain proof of payroll records during the grant period. Businesses that are awarded these funds are required to hire a new income-eligible, FTE employee(s) within three months following the contract execution.

DISCUSSION:

On April 29, 2024, Homebred (“Participant”) entered into an Agreement with the City of Covina in order to receive grant funds. Pursuant to the Agreement, the participation period requires participating businesses to hire a 40-hour full time equivalent (“FTE”) income-eligible employee(s) within three months after the effective date of the Agreement for one year from the hiring date as a public benefit in exchange for the $25,000 grant funds.

The Participant did not hire a 40-hour FTE income-eligible employee(s) within the three-month period and is out of compliance with Program requirements. The proposed amendment (Attachment A) would modify the beginning date of the Participation Period to September 28, 2024, when the FTE requirement was first satisfied.

This would then require the Participant to maintain the grant requirements for 12 months beginning at the September 28, 2024 date. The Participant would then be required to fulfill the grant obligations by September 28, 2025.

FISCAL IMPACT:

This action has no fiscal impact.

CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):

Not applicable.

Respectfully submitted,

FIRST AMENDMENT TO BUSINESS ASSISTANCE JOB CREATION PROGRAM

AGREEMENT

This Amendment No. 1 (“First Amendment”) to the April 29, 2024, Business Assistance Job Creation Program Agreement (“Agreement”) between the City of Covina, a California municipal corporation (the “City”), and Brian B. Oh and Hannah H. Choi, doing business as (“dba”) as Homebred, an S Corporation (the "Participant”) is dated October 15, 2024, and is between the City and the Participant.

RECITALS
A. The City and the Participant entered into the Agreement for the Participants’ participation in the Business Assistance Job Creation Program (“Program”) for a $25,000 loan to be used to offset staffing costs of a newly hired income-eligible full-time-equivalent (“FTE”) employee(s). Subject to compliance with all Program requirements, the loan may be forgiven and converted into a grant.

B. Participant has yet to demonstrate FTE compliance.

C. The City and the Participant desire to amend the Agreement to modify the beginning date of the Participant’s Retention Certification and Participation Period to 12 months starting from October 15, 2024, when the FTE requirement was first satisfied and make similar amendments to the Eligible Costs as set forth in Exhibit A.

The parties therefore agree as follows:

Section 1. The first paragraph of Section 3. 2. 4 of the Agreement is hereby amended to read as set forth below, with the remainder of Section 3.2.4 remaining the same:
“The required period of time for Program compliance and loan forgiveness is one year from the hiring date of the eligible job created (the “Participation Period”). If multiple employees are hired to fulfill the FTE employee requirement, the eligible job is considered created on the date of hire of the employee whose addition satisfied the FTE requirements, which for purposes of this Agreement is September 28, 2024, unless, in the discretion of the City, the Participant has failed to demonstrate compliance with the FTE requirement. Participant submitted reports will be required for review to determine compliance with Program requirements. During the Participation Period, the Participant is responsible for providing the following to determine compliance with Program requirements.” Section 2. Attachment No. 1 of the Agreement is hereby amended to read as set forth in Attachment No. 1 to this Exhibit A, which his hereby incorporated into the Agreement.

Section 3. Except as expressly modified or supplemented by this First Amendment, all other provisions of the Agreement shall remain unaltered and in full force and effect. In the event of a conflict between the provisions of this First Amendment and the provisions of the Agreement, the provisions of this First Amendment shall control.

The parties are signing this Agreement on the date stated in the introductory clause. [SIGNATURES TO FOLLOW ON NEXT PAGE]

FIRST AMENDMENT TO BUSINESS ASSISTANCE JOB CREATION PROGRAM

AGREEMENT

City:

City of Covina,
a California municipal corporation
By:

Name: Chris Marcarello
Title: City Manager
ATTEST:

By:

Name:

Title: Chief Deputy City Clerk
Participant:

Brian B. Oh and Hannah H. Choi dba
Homebred, an S Corporation
By:

Name: Brian B. Oh
Title:

By:

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

FIRST AMENDMENT TO BUSINESS ASSISTANCE JOB CREATION PROGRAM

AGREEMENT

Attachment No. 1
Exhibit A

ELIGIBLE COSTS
Participant's use of the funds shall be limited to the following and shall be consistent with Program requirements, set forth in this Agreement and the Program Guidelines, and all applicable laws, rules, and regulations pertaining to the funding source.

Funds may be used by Participant for personnel costs to hire an income-eligible FTE employee(s), with an income at or below 80% of the Area Median Income (AMI) for their household size See Attachment D of the Program Guidelines. FTE employee(s) hired under this Program must be retained for at least one (1) year from the hiring date to maintain Program compliance.

Participant shall have three (3) months from the date this Agreement is executed to fulfill the employment position.

If, for three (3) consecutive months the required position has remained vacant, this Agreement will be terminated, and the Loan balance will be due and payable.

The required income-eligible FTE employee retention period of time for program compliance and loan forgiveness is one year (Participation Period) from the hiring date of the eligible job created.

If multiple employees are hired to fulfill the FTE employee requirement, the eligible job is considered created on the date of hire of the employee whose addition satisfied the FTE requirements, as determined by the City and for purposes of this Agreement shall commence on September 28, 2024, provided Participant has satisfied the FTE requirement. The Participant is responsible for retaining any documentation evidencing eligible expense use and subject to an audit to evidence such use of loans. Should the Participant not meet the obligations as required in the Agreement, Program Guidelines, or other applicable laws or regulations, loaned funds will be due and payable to the City.

CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. CC 11
Meeting: October 15, 2024
Title: Adoption of Resolutions Relating to the Annexation of Territory to Community Facilities District No. 2007-1, Declaring Intention to Authorize Annexation, Adopting Boundary Map, and Setting the Public Hearing Date for December 3, 2024 Presented by: Brian K. Lee, Director of Community Development Recommendation: 1. Adopt City Resolution CC 2024-96, declaring intention to authorize the annexation of territory (747 North Barranca, Covina//Annexation 35) to Community Facilities District No. 2007-1 (Public Services); and

2. Adopt City Resolution CC 2024-97, adopting boundary map showing territory proposed to be annexed in the future to Community Facilities District No. 2007-1 (Public Services).

EXECUTIVE SUMMARY:

On June 5, 2007, the City Council held a public hearing and formed Community Facilities District (CFD) 2007- 1 (Public Services). Pursuant to the Conditions of Approval for development of seventy-five (75) new multifamily townhome condominium residential units at 747 North Barranca, the builder agreed to annex to the CFD, or to pay an in-lieu fee based on the financial impact on Police, Fire, Emergency and Parks services. The builder has opted to annex into the CFD.

Under the CFD, in Fiscal Year 2024-2025, any new multi-family residential units are charged $645.38 per unit per year for the following services: police, fire protection and suppression, paramedic services, and park maintenance. This Special Tax appears on the annual Property Tax bill for each parcel. The Special Tax authorized by the CFD shall be levied on all parcels for which building permits were issued on or before May 1 of the preceding fiscal year.

This program has been conceived with the intention that all future residential development, which results in a net increase of residential units, will annex to the CFD or pay an equivalent mitigation fee. Residential units constructed prior to formation of the CFD are not subject to the Special Tax.

DISCUSSION:

Resolutions that notice the intent of the City to annex property to the CFD, identify the boundaries of the proposed annexation, identify the types of services to be funded by the CFD, and notice that a public hearing will be held on December 3, 2024, where the City Council will consider the proposed annexation, are pursuant to the Conditions of Approval for development of seventy-five (75) new multi-family residential units at 747 North Barranca, Covina, California. The Assessor’s Parcel Number (APN) is 8430-015-021.

The purpose of the CFD is to finance the aforementioned public safety and park services that are in addition to those currently provided for the territory within the District. In Fiscal Year 2024-2025, the estimated amount for these services, for seventy-five (75) multi-family residential units, is $48,403.50.

FISCAL IMPACT:

There is seventy-five (75) multi-family residential units in the proposed annexation area that is subject to the special tax. The “Special Tax” authorized by the proposed annexation to Community Facilities District 2007-1

(the “CFD”) will generate an estimate of $645.38 annually based on Fiscal Year 2024-2025 special tax rates and will be deposited to Account No. 2740-4800-45800. The Special Tax shall be used to pay for the following services: police, fire protection and suppression, paramedic services, and park maintenance. The Special Tax will increase annually by the greater of two percent (2.00%), or the percentage change in the Consumer Price Index.

CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):

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

Respectfully submitted,

ATTACHMENT A
RESOLUTION CC 2024-96

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

CALIFORNIA, DECLARING ITS INTENTION TO AUTHORIZE THE

ANNEXATION OF TERRITORY TO COMMUNITY FACILITIES
DISTRICT NO. 2007-1 (PUBLIC SERVICES)
WHEREAS, the City Council of the City of Covina, California, (hereafter referred to as the “City Council”), at this time desires to authorize the annexation of territory to City of Covina Community Facilities District No. 2007-1 (Public Services) (“CFD No. 2007-1”) pursuant to the terms and provisions of the “Mello-Roos Community Facilities Act of 1982”, being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California, as amended (the “Act”); and WHEREAS, CFD No. 2007-1 was formed to finance new police services, fire protection and suppression services, paramedic services, and park maintenance and other public services in addition to those provided in or required for the territory within CFD No. 2007-1 and will not be replacing services already available; and
WHEREAS, certain territory is proposed to be annexed to CFD No. 2007-1 and such territory shall be known and designated as Community Facilities District No. 2007-1 (Public Services), Annexation No. 35 (“Annexation No. 35”).

WHEREAS, this legislative body now desires to proceed to adopt its Resolution of Intention to annex Annexation No. 35 into CFD No. 2007-1, to describe the territory proposed to be annexed, Annexation No. 35, to specify the services to be financed from the proceeds of the levy of special taxes within Annexation No. 35, to set and specify the special taxes that would be levied within the territory to finance such services, and to set a time and place for a public hearing relating to the annexation of Annexation No. 35 into CFD No. 2007-1; and WHEREAS, a map showing the boundaries of Annexation No. 35 proposed to be annexed has been submitted, and a copy of the map shall be kept on file with the transcript of these proceedings.

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

SECTION 1. Recitals. The above recitals are all true and correct.

SECTION 2. Authorization. The proceedings for annexing Annexation No. 35 into CFD No. 2007-1 are authorized and initiated by this legislative body pursuant to the authorization of the Act.

SECTION 3. Intention to Annex. This legislative body hereby determines that the public convenience and necessity requires that Annexation No. 35 be added to CFD No. 2007-1 in order to pay the costs and expenses for the required and authorized new services generated from new development within the City and this City Council declares its intention to annex Annexation No. 35

Resolution CC 2024-96 Page 2 of 5
to CFD No. 2007-1.

SECTION 4. Boundaries. A general description of the boundaries of Annexation No. 35 proposed to be annexed is as follows:

All that territory proposed to be annexed to CFD No. 2007-1, as such property is shown on a map designated as “Annexation Map No. 35 of Community Facilities District No. 2007-1 (Public Services), City of Covina, County of Los Angeles, State of California,” attached hereto as Exhibit “A” and hereby incorporated by reference.

Existing territory includes the following:

CFD General description of existing territory
Original area 1009 N. Citrus
Annexation #1 228 W. Center Street
Annexation #2 Vintage Walk 2
Annexation #3 451 E. Badillo
Annexation #4 1256 W. McGill Street
Annexation #5 Citrus Walk
Annexation #6 276 W. Dexter Street
Annexation #7 166 E. Center Street
Annexation #8 269-275 W. Center Street
Annexation #9 425 Center Street
Annexation #10 800 N. Banna Avenue
Annexation #11 735 Orange Circle
Annexation #12 308 S. Barranca Avenue
Annexation #13 1732 E. Ruddock Street
Annexation #14 1162 N. Citrus Avenue
Annexation #15 172 E. Center Street
Annexation #16 437 W. Center Street
Annexation #17 139 E. Puente Street
Annexation #18 310 W. Edna Place
Annexation #19 400 block of North Citrus Avenue
Annexation #20 245 E. Puente Street
Annexation #21 135 W. Center Street
Annexation #22 129-137 W. Orange Street
Annexation #23 155 E. San Bernardino Road
Annexation #24 449 S. Barranca Avenue
Annexation #25 546 N. Lark Ellen Avenue
Annexation #26 143 W. Center Street
Annexation #27 135 E. Badillo Street
Annexation #28 1060 W. San Bernardino Road, 1103 W. Badillo Street and 1111 W. Badillo Street
Annexation #29 707 N. Barranca Avenue
Annexation #30 342 S. Fourth Avenue
Annexation #31 316 S. Barranca Avenue

Resolution CC 2024-96 Page 3 of 5
Annexation #32 155 E. Covina Boulevard
Annexation #33 671 E. Puente Street
Annexation #34 837 N. Sunflower Avenue (Annexation in process) Annexation #35 747 N. Barranca (Annexation in process)
SECTION 5. Name of District. The name of the district is “City of Covina Community Facilities District No. 2007-1 (Public Services)” and the designation for the territory to be annexed shall be “City of Covina Community Facilities District No. 2007-1 (Public Services), Annexation No. 35.”
SECTION 6. Services Authorized to be Financed by CFD No. 2007-1, Annexation No. 35.

The services that are authorized to be financed by CFD No. 2007-1 are certain services which are in addition to those provided in or required for the territory within CFD No. 2007-1 and Annexation No. 35 and will not be replacing services already available. A general description of the services to be financed by CFD No. 2007-1 and Annexation No. 35 is as follows:

PUBLIC SERVICES
New police services, fire protection and suppression services, paramedic services, and park maintenance, including but not limited to (i) the costs of contracting services, (ii) related facilities, equipment, vehicles, ambulances, fire apparatus and supplies, (iii) the salaries and benefits of City staff that directly provide police services, fire protection and suppression services, paramedic services, and park maintenance respectively, and (iv) City overhead costs associated with providing such services within CFD No. 2007-1 and Annexation No. 35. The Special Tax provides only partial funding for Public Services.

The same types of services which are authorized to be financed by CFD No. 2007-1 are the types of services to be provided in Annexation No. 35. If, and to the extent possible, such services shall be provided in common within CFD No. 2007-1 and Annexation No. 35.

SECTION 7. Special Taxes. It is the further intention of this City Council body that, except where funds are otherwise available, a special tax sufficient to pay for such services to be provided in CFD No. 2007-1 and Annexation No. 35, and related incidental expenses authorized by the Act, secured by recordation of a continuing lien against all non-exempt real property in Annexation No. 35, will be levied annually within the boundaries of such Annexation No. 35. For further particulars as to the rate and method of apportionment of the proposed special tax, reference is made to the attached and incorporated Exhibit “B” (the “First Amended Rate and Method of Apportionment”), which sets forth in sufficient detail the method of apportionment to allow each landowner or resident within proposed Annexation No. 35 to clearly estimate the maximum amount that such person will have to pay.

The special tax proposed to be levied within Annexation No. 35 for services to be supplied within Annexation No. 35 shall be equal to the special tax levied to pay for the same services in CFD No. 2007-1, to the extent that the actual cost of providing the services in Annexation No. 35 is equivalent to the cost of providing those services in CFD No. 2007-1. Notwithstanding the foregoing, the special tax may not be levied at a rate that is higher than the maximum special tax authorized to be levied pursuant to the First Amended Rate and Method of Apportionment.

Resolution CC 2024-96 Page 4 of 5
The special taxes herein authorized, to the extent possible, shall be collected in the same manner as ad valorem property taxes and shall be subject to the same penalties, procedure, sale and lien priority in any case of delinquency as applicable for ad valorem taxes. Any special taxes that may not be collected on the County tax roll shall be collected through a direct billing procedure by the City Treasurer.

The maximum special tax rate in CFD No. 2007-1 shall not be increased as a result of the annexation of Annexation No. 35 to CFD No. 2007-1.

SECTION 8. Public Hearing. Notice is given that on the 3 rd day of December, 2024, at the
hour of 7:30 p.m., in the regular meeting place of the City Council being the Covina City Hall located at 125 E. College Street Covina, CA 91723, a public hearing will be held where this City Council will consider the authorization for the annexation of Annexation No. 35 to CFD No. 2007-1, the proposed method and apportionment of the special tax to be levied with Annexation No. 35 and all other matters as set forth in this Resolution of Intention.

At such public hearing, the testimony of all interested persons for or against the annexation of Annexation No. 35 or the levying of special taxes within Annexation No. 35 will be heard.

At such public hearing, protests against the proposed annexation of Annexation No. 35, the levy of special taxes within Annexation No. 35 or any other proposals contained in this resolution may be made orally by any interested person. Any protests pertaining to the regularity or sufficiency of the proceedings shall be in writing and shall clearly set forth the irregularities or defects to which objection is made. All written protests shall be filed with the City Clerk prior to the time fixed for the public hearing. Written protests may be withdrawn at any time before the conclusion of the public hearing.

SECTION 9. Majority Protest. If (a) 50% or more of the registered voters, or six (6) registered voters, whichever is more, residing within CFD No. 2007-1, (b) 50% or more of the registered voters, or six (6) registered voters, whichever is more, residing within Annexation No. 35, (c) owners of one-half or more of the area of land in the territory included in CFD 2007-1, or (d) owners of one-half or more of the area of land in the territory included in Annexation No. 35, file written protests against the proposed annexation of Annexation No. 35 to CFD No. 2007-1 and such protests are not withdrawn so as to reduce the protests to less than a majority, no further proceedings shall be undertaken for a period of one year from the date of the decision by the City Council on the annexation of Annexation No. 35 to CFD 2007-1.

SECTION 10. Notice. Notice of the time and place of the public hearing shall be given by the City Clerk by publication in a legally designated newspaper of general circulation, in the territory of Annexation No. 35 and CFD 2007-1 pursuant to Section 6061 of the Government Code.

Said publication shall be completed at least seven (7) days prior to the date set for the public hearing and shall contain the information prescribed in Section 53322 of the Act.

SECTION 11. The City Clerk shall certify to the passage and adoption of this resolution and shall enter the same in the Book of Original Resolutions.

Resolution CC 2024-96 Page 5 of 5
APPROVED and PASSED this 15th day of October 2024.

City of Covina, California
BY:

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

CERTIFICATION
I, Fabian Velez, Chief Deputy City Clerk of the City of Covina, do hereby certify that Resolution CC 2024-96 was duly adopted by the City Council of the City of Covina at a regular meeting held on the 15th day of October, 2024, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Dated:
____________________________________
FABIAN VELEZ, Chief Deputy City Clerk

Exhibit A

EXHIBIT A TO RESOLUTION

ANNEXATION MAP

Exhibit B

EXHIBIT B TO RESOLUTION

FIRST AMENDED RATE AND METHOD OF APPORTIONMENT

Exhibit B

FIRST AMENDED

RATE AND METHOD OF APPORTIONMENT

CITY OF COVINA
COMMUNITY FACILITIES DISTRICT NO. 2007-1 (PUBLIC SERVICES) A special tax as hereinafter defined shall be levied on and collected for Community Facilities District No. 2007-1 (Public Services) of the City of Covina (“CFD No. 2007-1”) each Fiscal Year, commencing in Fiscal Year 2007-2008, in an amount determined by the City Council of the City of Covina through the application of the appropriate Special Tax for “Developed Property,” as described below. All of the real property in CFD No. 2007-1, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent, and in the manner herein provided.

A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
“Act” means the Mello-Roos Communities Facilities Act of 1982 as amended, being Chapter 2.5, Division 2 of Title 5 of the Government Code of the State of California. “Administrative Expenses” means any actual ordinary and necessary expense of the City of Covina, or designee thereof or both, to carry out the administration of CFD No. 2007-1 related to the determination of the amount of the levy of the Special Tax, the collection of the Special Tax including the expenses of collecting delinquencies, the payment of a proportional share of salaries and benefits of any City employee whose duties are directly related to the administration of CFD No. 2007-1, fees and expenses for counsel, Special Tax consultant and other consultants hired by the City in relation to CFD No. 2007-1, costs associated with responding to public inquiries regarding CFD No. 2007-1, and costs otherwise incurred in order to carry out the authorized purposes of CFD No. 2007-1.
“Affordable Housing” means any Unit within CFD No. 2007-1 that is subject to a written and recordable covenant, deed restriction, resale restriction, regulatory agreement or similar agreement with either the City of Covina or the Redevelopment Agency of the City of Covina, which restricts the amount of rent for that Unit to “affordable rent” (as that term is defined in California Health and Safety Code Section 50053) for a period of not less than fifty-five (55) years, or which restricts the purchase price for that Unit to “affordable housing cost” (as that term is defined in California Health and Safety Code Section 50052.5) for a period of not less than forty-five (45) years. A Unit shall no longer be considered Affordable Housing following the expiration or termination of the applicable covenant, restriction or agreement.
“Annual Escalation Factor” means for the Special Tax, the greater of (i) two percent (2.00%), or (ii) the percentage change in the Consumer Price Index for the Calendar Year ending in December of the prior Fiscal Year.

Exhibit B
“Assessor’s Parcel” means a lot or parcel of land designated on an Assessor’s Parcel Map with an assigned Assessor’s Parcel number within the boundaries of CFD No. 2007-1. “Assessor’s Parcel Map” means an official map of the Assessor of the County designating parcels by Assessor’s Parcel number.
“Base Year” means Fiscal Year ending June 30, 2008.
“Boundary Map” means the map of the boundaries for CFD No. 2007-1, as approved by the City Council, and recorded with the County in maps of assessments and community facilities districts. “Building Permit” means a permit for new construction for a residential dwelling Unit. For purposes of this definition, “Building Permit” shall not include permits for construction or installation of retaining walls, utility improvements, or other such improvements not intended for human habitation.
“Calendar Year” means the period commencing January 1 of any year and ending the following December 31.
“CFD Administrator” means an official of the City, or designee thereof, responsible for determining the Special Tax Requirements and providing for the levy and collection of the Special Tax.
“CFD No. 2007-1” means Community Facilities District No. 2007-1 (Public Services) established by the City under the Act.
“City” means the City of Covina.
“City Council” means the City Council of the City, acting as the Legislative Body of CFD No. 2007-1, or its designee.
“Consumer Price Index” means the index published by the U.S. Department of Labor, Bureau of Labor Statistics for all urban consumers in the Los Angeles-Riverside-Orange County area. “County” means the County of Los Angeles.
“Developed Property” means all Assessor’s Parcels within CFD No. 2007-1 for which Building Permits were issued on or before May 1 preceding the Fiscal Year for which the Special Tax is being levied, provided that a Final Map was created on or before January 1 of the prior Fiscal Year and that each such Assessor's Parcel is associated with a Lot, as determined reasonably by the City and/or CFD administrator.
“Exempt Property” means all Assessor’s Parcels within CFD No. 2007-1 designated as being exempt from the Special Tax as determined in Section F. “Final Map” means a subdivision of property evidenced by the recordation of a final map, parcel map, or lot line adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) or the recordation of a condominium plan pursuant to California Civil Code 1352 that creates individual lots for which Building Permits may be issued without further subdivision.

Exhibit B
“Fiscal Year” means the period commencing on July 1 of any year and ending the following June

30. “Lot” means an individual legal lot created by a Final Map for which a Building Permit could or has been issued.
“Maximum Special Tax” means the Maximum Special Tax determined in accordance with Section C, which can be levied by CFD No. 2007-1 in any Fiscal Year on Taxable Property within CFD No. 2007-1.
“Mixed-Use Property” means all Assessor’s Parcels of Developed Property for which Building Permit(s) have been issued for purposes of constructing Non-Residential Property and Residential Property. Residential Units on Mixed-Use Property shall be classified as Multi-Family Residential. “Multi-Family Residential” means all Assessor’s Parcels of Developed Property for which a Building Permit has been issued for purposes of constructing a residential structure consisting of two or more residential Units that share common walls, including, but not limited to, duplexes, triplexes, town homes, condominiums, apartment Units, and residential Units on Assessor’s Parcels that are considered Mixed-Use Property.
“Non-Residential Property” means all Assessor’s Parcels for which a Building Permit was issued for any type of non-residential use.
“Public Property” means any property within the boundaries of CFD No. 2007-1 that is owned by or irrecoverably dedicated to the City, the federal government, the State of California, the County, CFD No. 2007-1, or other public agency. For purposes of this definition, property owned by the Redevelopment Agency of the City of Covina is not considered Public Property and any property owned by the Redevelopment Agency will be subject to the levy of a Special Tax in accordance with Sections C and D herein.
“Public Services” means new police services, fire protection and suppression services, paramedic services, and park maintenance, including but not limited to (i) the costs of contracting services, (ii) related facilities, equipment, vehicles, ambulances, fire apparatus and supplies, (iii) the salaries and benefits of City and Fire District staff that directly provide police services, fire protection and suppression services, paramedic services, and park maintenance, and (iv) City and Fire District overhead costs associated with providing such services within CFD No. 2007-1. The Special Tax provides only partial funding for police, fire protection services, paramedic services, and park maintenance.
“Special Tax” means any special tax authorized to be levied by CFD No. 2007-1 pursuant to the Act to fund the Special Tax Requirement.
“Single-Family Residential” means all Assessor’s Parcels of Developed Property for which a Building Permit has been issued for purposes of constructing one single-family residential dwelling Unit.
“Taxable Property” means all Assessor’s Parcels within CFD No. 2007-1 that are not exempt from the levy of the Special Tax.

Exhibit B
“Tax Class” means any of the classes listed in Table 1 below. “Undeveloped Property” means all Assessor’s Parcels within CFD No. 2007-1 for which Building Permits have not been issued and that is not classified as Approved Property or Public Property. “Unit” means any separate residential dwelling unit in which a person or persons may live, which comprises an independent facility capable of conveyance separate from adjacent residential dwelling units and is not considered to be for commercial or industrial use.

B. CLASSIFICATION OF ASSESSOR’S PARCELS
Each Fiscal Year, beginning with Fiscal Year 2007-2008, each Assessor’s Parcel within CFD No. 2007-1 shall be classified as Developed Property or Exempt Property. In addition, each Fiscal Year, beginning with Fiscal Year 2007-2008, each Assessor’s Parcel of Developed Property shall be further classified as Single-Family Residential, Multi-Family Residential, or Mixed-Use Property.

C. MAXIMUM ANNUAL SPECIAL TAX
The Maximum Special Tax for each Assessor’s Parcel classified as Single-Family Residential, MultiFamily Residential, and Mixed-Use Property in Fiscal Year 2007-2008 shall be equal to the Maximum Special Tax set forth in Table 1.

TABLE 1

MAXIMUM ANNUAL SPECIAL TAX RATES
Fiscal Year 2007-2008
Tax Class Description Maximum
Special Tax
1 Single-Family Residential $527 per Unit
2 Multi-Family Residential $395 per Unit
3 Mixed-Use Property $395 per Unit
For each subsequent Fiscal Year following the Base Year, the Maximum Special Tax for each Assessor’s Parcel classified as Developed Property shall be adjusted by the Annual Escalation Factor.

Multiple Tax Classes
In some instances an Assessor’s Parcel may contain more than one Tax Class. The Maximum Special Tax levied on such Assessor’s Parcel shall be the sum of the Maximum Special Tax that can be imposed on all Tax Classes located on that Assessor’s Parcel.

D. METHOD OF APPORTIONMENT OF SPECIAL TAX
Commencing with Fiscal Year 2007-2008, and for each subsequent Fiscal Year, the Special Tax shall be levied on each Assessor’s Parcel of Developed Property at the applicable Maximum Special Tax as set forth in Section C.

Exhibit B
E. TERMINATION OF SPECIAL TAX
The Special Tax shall be levied in perpetuity to fund Public Services provided to CFD No. 2007-1.

F. EXEMPTIONS
The City shall classify as Exempt Property: (i) Public Property, (ii) Non-Residential Property, (iii) Undeveloped Property, (iv) Affordable Housing, or (v) Assessor’s Parcels with public or utility easements making impractical their utilization for other purposes than those set forth in the easement.

G. APPEALS
Any property owner claiming that the amount or application of the Special Tax is not correct may file a written notice of appeal with the City Council not later than twelve months after having paid the first installment of the Special Tax that is disputed. A representative(s) of CFD No. 2007-1 shall promptly review the appeal, and if necessary, meet with the property owner, consider written and oral evidence regarding the amount of the Special Tax, and rule on the appeal. If the representative’s decision requires that the Special Tax for an Assessor’s Parcel be modified or changed in favor of the property owner, a cash refund shall not be made, but an adjustment shall be made to the Special Tax on that Assessor’s Parcel in the subsequent Fiscal Year(s).

H. MANNER OF COLLECTION
The annual Special Taxes shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that CFD No. 2007-1 may collect the Special Taxes at a different time or in a different manner if necessary to meet its financial obligations.

ATTACHMENT B
RESOLUTION CC 2024-97

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

CALIFORNIA, ADOPTING BOUNDARY MAP SHOWING TERRITORY

PROPOSED TO BE ANNEXED IN THE FUTURE TO COMMUNITY
FACILITIES DISTRICT NO. 2007-1 (PUBLIC SERVICES)
WHEREAS, the City Council of the City of Covina, California, (hereafter referred to as the “City Council”), formed a Community Facilities District, designated as Community Facilities District No. 2007-1 (Public Services) (“CFD No. 2007-1”), pursuant to the terms and provisions of the “Mello-Roos Community Facilities Act of 1982”, being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California, as amended (the “Act”); and WHEREAS, the City Council desires to initiate proceedings to annex certain territory to CFD No. 2007-1; and
WHEREAS, there has been submitted a map showing the territory proposed to be annexed to CFD No. 2007-1, said area to be designated as Community Facilities District No. 2007-1 (Public Services), Annexation No. 35 (hereafter referred to as “Annexation No. 35”).

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

SECTION 1. Recitals. The above recitals are all true and correct.

SECTION 2. Annexation Map. The map showing Annexation No. 35 to be subject to the levy of a special tax upon the annexation of such territory to CFD No. 2007-1 is hereby approved and adopted. Such map is designated by the name of “Annexation Map No. 35 of Community Facilities District No. 2007-1 (Public Services), City of Covina, County of Los Angeles, State of California.”
SECTION 3. Certificate. A certificate shall be endorsed on the original and on at least one (1) copy of the map of Annexation No. 35, evidencing the date and adoption of this Resolution, and within fifteen days after the adoption of the Resolution of Intention fixing the time and place of the Public Hearing to annex Annexation No. 25 to CFD No. 2007-1, a copy of said map shall be filed with the correct and proper endorsements thereon with the Los Angeles County Recorder, all in the manner and form provided for in Section 3111 of the Streets and Highways Code of the State California.

SECTION 4. The City Clerk shall certify to the passage and adoption of this resolution and shall enter the same in the Book of Original Resolutions.

APPROVED and PASSED this 15th day of October, 2024.

Resolution CC 2024-97 Page 2 of 2
City of Covina, California
BY:

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

CERTIFICATION
I, Fabian Velez, Chief Deputy City Clerk of the City of Covina, do hereby certify that Resolution CC 2024-97 was duly adopted by the City Council of the City of Covina at a regular meeting held on the 15th day of October, 2024 by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Dated:
____________________________________________
FABIAN VELEZ, Chief Deputy City Clerk

CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. CC 12
Meeting: October 15, 2024
Title: Award of Contract to Waterline Technologies, Inc. for the Covina Park Aquatic Center Pool Filter Replacement Project
Presented by: Rafael Fajardo, Interim Director of Public Works/City Engineer Recommendation: Award contract for the Covina Park Aquatic Center Pool Filter Replacement Project to Waterline Technologies, Inc. in the amount of $32,285.06 and authorize the City Manager to execute the contract.

EXECUTIVE SUMMARY:

The Covina Park Aquatic Center, located at 301 N. 4th Avenue, successfully completed another busy summer season hosting a multitude of City events, local school competitions, and recreational activities. As the scheduled summer events for 2024 have concluded, City staff may consequently perform more complex maintenance services necessary for the upkeep of the pool. The current pool filter is over 30 years old and in need of full replacement in order to preserve the integrity of the pool filtration system and ensure the pool water is filtered properly year-round. As such, City staff recommends the award of a Minor Construction & Maintenance Service Agreement to Waterline Technologies, Inc. in the amount of $32,285.06 for the Covina Park Aquatic Center Pool Filter Replacement.

BACKGROUND:

The existing pool filter at the Aquatic Center is approximately 30 years old and at the conclusion of last season, City staff recognized an increase in the frequency of repairs necessary to keep the pool filter fully functional.

Filter malfunctions result in an insufficiently filtered pool, which can create problems within the filtration system and pool structure if not addressed. Furthermore, repairing the current filter presents issues related to material sourcing and pricing. Moreover, the existing pool filter model is no longer in production, resulting in repairs more difficult to complete as replacement parts are often scarce and costly to source. Given the frequency of repairs needed at this juncture, full replacement of the pool filter is necessary at this juncture and will alleviate short- and long-term concerns while ultimately providing cost savings for the City’s building maintenance operating budget.

DISCUSSION:

The Department of Public Works requested informal proposals from three (3) professional and licensed firms conveying the following results:

Rank Consultant Location Amount
1 Waterline Technologies, Inc. Santa Ana, CA $32,285.06 2 All Pools, Inc. Glendora, CA $43,500.00
3 California Commercial Pools Glendora, CA No Response
Staff reviewed the proposals received as well as the consultants’ background for competency. Staff determined that Waterline Technologies, Inc. is the successful low bidder based on similar projects completed for other private and public agencies, including the City of Covina.

FISCAL IMPACT:

Sufficient funding is available within the Building Maintenance Fund part of the City’s approved Fiscal Year 2024-2025 operating budget:

Fund Amount Account
Building Maintenance $32,285.06 70206100-55900
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

CITY OF COVINA AGREEMENT FOR

MINOR CONSTRUCTION AND MAINTENANCE SERVICES
This Agreement (“Agreement”) is dated October 15, 2024 (“Effective Date”) and is between the City of Covina, a California municipal corporation (“City”) and Waterline Technologies, Inc. a California corporation (Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

RECITALS
A. City desires to utilize the services of Contractor as an independent contractor to perform/provide professional services for the Covina Park Aquatic Center Pool Filter Replacement.

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. In no event shall the contract be extended beyond June 30, 2025.

2. Compensation.

A. Cost of Work. For the Work described in Section 3 of this Agreement, Contractor shall receive the sum of exceed Thirty-Two Thousand Two Hundred Eighty-Five Dollars and Six Cents ($32,285.06) payable in accordance with the Schedule of Payments, attached hereto and incorporated herein as Exhibit A (Scope of Work and Payment Schedule). Any terms other than a description of the work to be performed, costs of the work, or the payment schedule contained in Exhibit A is null and void and not a part of this Agreement.

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

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

ATTACHMENT B

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

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

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

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

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

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

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

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

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

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

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

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

N. Inspection. The Work shall be subject to inspection and testing by City and its authorized representatives during manufacture and construction and all other times and places, including without limitation, the plans of Contractor and any of its suppliers. Contractor shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All

inspections and tests shall be performed in such manner as to not unduly delay the Work. The Work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the Work.

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

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

4. Method of Payment.

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

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

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

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

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

6. Independent Contractor.

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

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

B. No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing Work hereunder for City. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing Work hereunder. Contractor shall be responsible for and pay all wages, salaries, benefits and other amounts due to Contractor’s personnel in connection with their performance of the Work under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, other retirement or pension benefits, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. Notwithstanding any other agency, state, or federal policy, rule,

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

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

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

7. PERS Compliance and Indemnification.

A. General Requirements. The parties acknowledge that City is a local agency member of PERS, and as such has certain pension reporting and contribution obligations to PERS on behalf of qualifying employees. Contractor agrees that, in providing its employees and any other personnel to City to perform the Work under this Agreement, Contractor shall assure compliance with the Public Employees’ Retirement Law, commencing at Government Code Section 20000, the regulations of PERS, and the Public Employees’ Pension Reform Act of 2013, as amended.

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

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

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

termination of this Agreement. Contractor’s covenant under this Section 8 shall survive the expiration or termination of this Agreement.

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

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

10. Indemnification.

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

City may offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor’s failure to promptly pay to City any reimbursement or indemnification arising under this Subparagraph A. 2).

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

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

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

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

11. Insurance.

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

If Contractor is a limited liability company, the commercial general liability coverage shall be amended so that Contractor and its managers, affiliates, employees, agents and other persons necessary or incidental to its operation are insureds.
2) Automobile Liability Insurance for any owned, non-owned or hired vehicle used in connection with the performance of this Agreement with a combined single limit of Two Million Dollars ($2,000,000) per accident for bodily injury and property damage. If Contractor does not use any owned, non-owned or hired vehicles in the performance of Work under this Agreement, Contractor shall obtain a non-owned auto endorsement to the Commercial General Liability policy required under Subparagraph A. 1) of this Section 11.

3) Workers’ Compensation Insurance as required by the State of California and Employer’s Liability Insurance with a minimum limit of Two Million Dollars ($2,000,000) per accident for bodily injury or disease. If Contractor has no employees while performing Work under this Agreement, workers’ compensation policy is not required, but Contractor shall provide an executed declaration that it has no employees.

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

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

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

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

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

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

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

premium paid by City or City may withhold amounts sufficient to pay the premiums from payments due to Contractor.

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

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

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

12. Mutual Cooperation.

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

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

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

14. Termination or Suspension of Agreement.

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

B. Obligations upon Termination. Contractor shall cease all work under this Agreement on or before the effective date of termination specified in the notice of termination. In

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

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

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

If to City: If to Contractor:

Attn: Department of Public Works Attn: Sarah Ortiz, Sales Manager City of Covina Waterline Technologies
125 E. College Street 620 Santiago Street
Covina, California 91723 Santa Ana, CA 92701

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

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

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

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

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

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

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

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

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

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

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

27. Governing Law and Choice of Forum. This Agreement, and any dispute arising from the relationship between the parties to this Agreement, shall be governed by and construed in accordance with the laws of the State of California, except that any rule of construction to the

effect that ambiguities are to be resolved against the drafting party shall not be applied in interpreting this Agreement. Any dispute that arises under or relates to this Agreement (whether contract, tort or both) shall be resolved in a municipal, superior or federal court with geographic jurisdiction over the City of Covina.

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

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

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

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

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

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

City:

City of Covina,
a California municipal corporation
By:

Name: Chris Marcarello
Title: City Manager
ATTEST:

By:

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

Waterline Technologies, Inc.
a California corporation
By:

Name: Tom Berrey
Title: General Manager
By:

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

EXHIBIT A

SCOPE OF WORK AND PAYMENT SCHEDULE

EXHIBIT B

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

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

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

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

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

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

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

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

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

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

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

EXHIBIT C

PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS that:

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

Covina Park Aquatic Center Pool Filter Replacement
(Project Description/ Name)
WHEREAS, Principal is required under the terms of the Contract to furnish a Bond for the faithful performance of the Contract.

NOW, THEREFORE, we, the undersigned Principal, and

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

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

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

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

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

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

Dated:
“Principal”
By:

Its
By:

Its
(Seal)
“Surety”
By:

Its
By:

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

EXHIBIT D

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

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

Covina Park Aquatic Center Pool Filter Replacement
(Project Description/Name)
WHEREAS, under the terms of the Contract, the Principal is required before entering upon the performance of the Work, to file a good and sufficient payment Bond with the City to secure the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code.

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

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

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

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

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

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

Dated:
“Principal”
By:

Its
By:

Its
(Seal)
“Surety”
By:

Its
By:

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

CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. CC 13
Meeting: October 15, 2024
Title: Department of Public Works – Water & Streets/Sewer Divisions – Purchase Agreement/Purchase Order Authorization for (1) 2024 Ford Super Duty F-650SD Truck Upfitted with Pothole Patching Equipment
Presented by: Rafael M. Fajardo, Interim Director of Public Works/City Engineer Recommendation: Authorize the City Manager to execute a Purchase Agreement/Purchase Order Authorization with Puente Hills Ford for the purchase of one (1) 2024 Ford Super Duty F650SD Truck upfitted with new Pothole Patching Equipment in an amount not-to-exceed $217,660.44.

EXECUTIVE SUMMARY/BACKGROUND:

The Department of Public Works is requesting to replace its 2009 GMC TC7500 Truck upfitted with Pothole Patching Equipment due to recurring mechanical and maintenance issues further impacted by replacement parts that are now obsolete. The current truck’s main fuel pump has failed and a replacement pump is no longer available in the automotive parts marketplace. The current Pothole Patcher Truck is used by the Department’s Streets, Sewer and Water Divisions for on-going maintenance regarding road patching repairs and water patching repairs.

DISCUSSION:

The Department of Public Works set out to find comparable replacement trucks to fit the current needs of the City’s Streets, Sewer and Water Divisions. A total of (3) quotes were solicited for the Pothole Patcher Truck which conveyed the following results:

Rank Company Location Cost
1 Puente Hills Ford City of Industry, CA $217,660.44
2 PB Loader Corporation Fresno, CA $270,411.25
3 Hacker Equipment Company La Verne, CA $300,207.44
City staff recommends proceeding with the purchase of the new Pothole Patcher Truck with Puente Hills Ford.

The new Pothole Patcher Truck will be available for delivery within three to six months once the order is placed and a purchase order is issued, and the full detailed quote for the purchase of the new truck is shown in Attachment A.

FISCAL IMPACT:

Funding for the purchase of a new Pothole Patcher Truck was included in the FY 2024-2025 Operating Budget within Water & Sewer Operations Budgets. A breakdown of funding sources and respective account numbers is below:

Fund Amount Account Number
Water $117,660.44 6010-5080-55550
Sanitary Sewer $100,000 6300-2700-55550

CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):

Not applicable.

Respectfully submitted,

CITY OF COVINA
2024 FORD F-650SD BASE
STOCK #: 250020
SALESPERSON: ANTHONY RODRIGUEZ
10/2/2024 12:13 PM
Incentive programs and rebates are estimates, subject to change and verification. Vehicle Price is before Taxes and/or applicable fees.

CASH PURCHASE
Vehicle Price 74,890.00
Vehicle Price is before Taxes and/or applicable fees.

Total 197,390.00
Optional Items 122,500.00

TAXES AND FEES
Document Prep Fee . . . . . . . . . . . . . . . .

License/Title . . . . . . . . . . . . . . . . . . . . . .

Tire/Battery/VTR . . . . . . . . . . . . . . . . . . .

Sales/Use Tax . . . . . . . . . . . . . . . . . . . . .

TOTAL . . . . . . . . . . . . . . . . . . . . . . . . . . .

PURCHASE DETAILS
Net Vehicle Price . . . . . . . . . . . . . . . . . .

Optional Items . . . . . . . . . . . . . . . . . . . . . 74,890.00
122,500.00

85.00 858.00

8.75 19,318.69
217,660.44
Optional Items: Pro Patch $113500, Shipping $3500, Wheelbase Adjustment $5500 Payments for the vehicle without Optional Items are available upon request (excludes pre-installed items).

Thank you, for choosing Puente Hills Ford.

FOR INTERNAL USE ONLY 01.06.78.25
Interest Rates, Pricing, Rebates and Terms are estimates, subject to change and apply only on 10/2/2024.

Puente Hills Ford -- (626) 964-3673
© Copyright 2024 Guest Concepts, Inc. – All Rights Reserved UPDATE: The current Cab to rear axle on the new truck is 192" and will need to be reduce to 110" CA for New Pro Patch body to be mounted onto frame. [ Wheelbase Adjustment ] Shipping: Hired Driveaway service from CA to TX for Final Destination of HD Industries Note: Once the truck is completed the driveaway service will need to be called on to schedule pickup and delivery of the completion of the F650 to City of Covina for delivery.

ATTACHMENT A

CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. CC 14
Meeting: October 15, 2024
Title: Budget Amendment Resolutions for the Purchase of Additional Electronic Library Resources, the Purchase of Bleachers for Hollenbeck Park, and to Account for Additional Library Literacy Grant Funding
Presented by: Lisa Evans, Director of Parks & Recreation and Library Services Recommendation: 1. Adopt Resolution CC 2024-99 for the purchase of additional electronic Library resources;

2. Adopt Resolution CC 2024-100 for the purchase of bleachers Hollenbeck Park; and

3. Adopt Resolution CC 2024-101 to account for additional Literacy Grant funding EXECUTIVE SUMMARY:

The Budget Amendment Resolutions being proposed have no impact on the General Fund. All expenditures will be covered with existing donation funds or new funds received from an unanticipated disbursement from the Southern California Library Cooperative and a higher than anticipated grant award from the California State Library Literacy Services program.

DISCUSSION:
(1) The Covina Public Library is a member of the Southern California Library Cooperative (SCLC). At the SCLC Administrative Council meeting on May 29, 2024, it was approved to have excess rollover funds distributed to member Libraries for additional electronic resources. The Covina Public Library received $4,953, which will be used to provide additional Cloud Library resources to our patrons. (2) Hollenbeck Park is currently being revitalized using a grant award from the Rivers and Mountains Conservancy. The project includes a new rubberized walking path, butterfly and pollinator gardens, outdoor exercise stations, drought tolerant and native landscaping, lighting, and more. A new playground is also being installed using Measure A Annual Allocation funds. With the new amenities in the park, it was determined that new bleachers were also necessary. Funding is available in a restricted donation account for Youth Sports Equipment, so General Fund dollars will not be used.
(3) The Covina Public Library receives funding annually from the California State Library for the Literacy Services program. The Library has received a higher than anticipated award amount for FY 2024-25. The additional funding will be used to offset a larger portion of full-time staff salaries.

FISCAL IMPACT:

The fiscal impact of each item is reflected on the attached Resolutions. There is no General Fund impact.

CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):

Not applicable.