CITY COUNCIL/SUCCESSOR AGENCY TO THE COVINA
REDEVELOPMENT AGENCY/COVINA PUBLIC FINANCING
AUTHORITY/COVINA HOUSING AUTHORITY JOINT MEETING
AGENDA
Tuesday, January 21, 2025, 6:30 p.m.
125 E. College Street, Covina, California
Council Chamber of City Hall
IMPORTANT NOTICE
Members of the public may view the meeting live on the City’s website at www.covinaca.gov or on local cable television, Spectrum Channel 29 and Frontier Channel 42. To view from the website, scroll down on the home page and click "City Meetings", once on the page, click the highlighted word next to Video Library under the City Council Meeting Agendas and Minutes header. A live banner will appear at the start of the meeting.
Public Comments: During the meeting, there will be an opportunity for the public to speak. Public testimony is limited to five (5) minutes per speaker, unless, for good cause, the Mayor/Chairperson amends the time limit; a speaker’s time may not be transferred to another speaker. State Law prohibits the Council/Agency/Authority Members from taking action on any item not on the agenda. Those wishing to speak on a LISTED AGENDA ITEM will be heard when that item is addressed.
In Person: To address the Council/Agency/Authority please complete a yellow speaker request card located at the entrance of the Council Chamber and give it to the City Clerk. Your name will be called when it is your turn to speak.
Meeting Assistance Information: In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk’s Office at [email protected] or 626-384-5430. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.
Pages
CLOSED SESSION
CALL TO ORDER
Council/Agency/Authority Members: Walter Allen, III, Patricia Cortez, Hector Delgado, Mayor Pro Tem/Vice Chair Victor Linares, and Mayor/Chair John C. King
PUBLIC COMMENTS
The public is invited to comment on Closed Session 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.
CLOSED SESSION
The City Council/Successor Agency to the Covina Redevelopment Agency/Covina Public Financing Authority/Covina Housing Authority will adjourn to closed session for the following:
A. Government Code § 54957.6 – CONFERENCE WITH LABOR
NEGOTIATORS
Agency Designated Representative:
Chris Marcarello, City Manager
Update on negotiations with Police Association of Covina (PAC) RECESS
JOINT MEETING—OPEN SESSION 7:30 PM
RECONVENE AND 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
PRESENTATIONS
A. Recognition of Police Chief Walczak
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 7
Staff Recommendation:
Approve the Minutes of the December 3, 2024, Regular Meeting of the City Council/Successor Agency to the Covina Redevelopment Agency/Covina Public Financing Authority/Housing Authority.
CC 2. Minutes 15
Staff Recommendation:
Approve the Minutes of the December 9, 2024, Special Meeting of the City Council/Successor Agency to the Covina Redevelopment Agency/Covina Public Financing Authority/Housing Authority.
CC 3. Minutes 19
Staff Recommendation:
Approve the Minutes of the December 17, 2024, Special Meeting of the City Council/Successor Agency to the Covina Redevelopment Agency/Covina Public Financing Authority/Housing Authority.
CC 4. Payment of Demands 21
Staff Recommendation:
Approve Payment of Demands in the amount of $7,834,192.82.
CC 5. City of Covina Investment Report for Month Ended December 31, 2024 33 Staff Recommendation:
Receive and File.
CC 6. Recognized Obligation Payment Schedule (ROPS 25-26), Covering July 1, 2025 through June 30, 2026
49 Staff Recommendation:
Approve the Recognized Obligation Payment Schedule (ROPS 25-26) covering July 1, 2025, through June 30, 2026.
CC 7. Award Minor Construction & Maintenance Services Agreement to Sky JTC Corporation (dba Sky Painting) for the Painting of the Fuel Station and Various Buildings at the Public Works Yard
55 Staff Recommendation:
Award Minor Construction & Maintenance Services Agreement for the Public Works Yard Fuel Station and Building Painting Project to Sky Painting in the amount of $76,590.00 and authorize the City Manager to execute the Agreement.
CC 8. Cypress Reservoir Water Booster Improvements Project – Project No.
W2503 – Award of Contract to Minako America Corporation for a not-to-exceed amount of $877,000
83 Staff Recommendation:
Approve plans and specifications for the Cypress Reservoir Water Booster Improvements Project – Project No. W2503;
1. Award a contract for the Cypress Reservoir Water Booster Improvements Project to Minako America Corporation as the lowest responsive and responsible bidder for a not-to-exceed amount of $877,000 and authorize the City Manager to execute the contract;
2. Authorize a 10% contingency amount of $87,700 for any unforeseen construction expenses;
3. Approve a Professional Services Agreement (PSA) between the City of Covina and Siterep Construction Services, Inc for Inspection Services for a not-to-exceed amount of $75,600 and authorize the City Manager to execute the PSA; and
4. Adopt Resolution CC 2025-01 appropriating $240,300 from Water CIP Fund – Fund Balance for use toward the Cypress Reservoir Water Booster Improvements Project – Project No. W2503.
5. CC 9. Covina Recreation Village Project – West Gymnasium Building Phase I – Award of Contract to Vector USA, Inc. in the Amount of $206,655.15 151
Staff Recommendation:
Award of Contract for the Covina Recreation Village Project – West Gymnasium Building Phase I to Vector USA, Inc. in an amount of $206,655.15 and authorize the City Manager to execute the contract;
1. Authorize a contingency amount of $20,000 for any unforeseen construction expenses; and
2. Adopt Resolution CC 2025-02 appropriating $226,655.15 from available Measure CC Funds to be transferred into the Parks CIP Fund for the Covina Recreation Village Project – West Gymnasium Building Phase I for the new computer network system.
3. CC 10. Contract Agreements for On-Call Construction Contractors for the Period of January 21, 2025 – June 30, 2028 for a Not-to-Exceed Amount of $500,000 per Fiscal Year
195
Staff Recommendation:
Authorize the City Manager to execute Contract Agreements between the City of Covina and Approved On-Call Construction Contractors.
CC 11. First Amendment to the Minor Construction & Maintenance Services Agreement for the Covina Park Aquatic Center Pool Filter Replacement 207
Staff Recommendation:
Authorize the City Manager to execute the First Amendment to the Minor Construction & Maintenance Services Agreement between the City of Covina and Waterline Technologies, Inc. for the Covina Park Aquatic Center Pool Filter Replacement Project.
215
CC 12. Annual Comprehensive Financial Report (ACFR) for Fiscal Year Ended June 30, 2024
Staff Recommendation:
Receive and file the following reports for Fiscal Year ended June 30, 2024: (1) Annual Comprehensive Financial Report (ACFR) and related Auditor Communications, (2) Independent Accountants’ Report on Agreed-Upon Procedures Applied to Appropriations Limit, and (3) the Single Audit of Federally Assisted Grant Programs.
CC 13. Amending the Fiscal Year 2024-2025 Operating Budget to Accept and Expend Grant Funds and General Funds Relating to the Execution and Delivery of a Purchase and Sale Agreement for Property Located at NEC E. Front Street & N. 1st Avenue
441
Staff Recommendation:
That the City Council consider adopting Resolution CC 2025-09, Authorizing the execution and delivery of a purchase and sale agreement for property located at NEC Front Street & N. First Avenue and amending the FY 24-25 City operating budget for the purpose of accepting and expending grant funds and increasing expenditures out of the General Fund and increasing the budget for said agreement; and
1. Authorize the City Manager or his designee to execute all related documents.
2. CC 14. Request to Amend the Classification Plan and Salary Schedules to Establish to a Neighborhood Preservation Supervisor and Police Corporal and Authorize Side Letter Agreements with PAC
461
Staff Recommendation:
That the City Council adopt Resolution CC 2025-07 and Resolution CC 2025- 08, authorizing the following organizational changes:
Amend the City's Classification plan to establish job classifications and salary ranges for Neighborhood Preservation Supervisor within the Mid-Management, Supervisory and Professional, and Confidential and Technical Employees (Unaffiliated) Compensation Rules;
1. Authorize the City Manager to execute a side letter agreement between the City and the Police Association of Covina (PAC) Bargaining Unit to create a new job classification and salary range for Police Corporal; and
2. Authorize the City Manager to execute a side letter agreement between the City and the Police Association of Covina (PAC) Bargaining Unit to revise Article 10.4 – Advancement Through Salary Range.
3. PUBLIC HEARINGS
PH 1. Consideration of Resolutions CC 2025-03, 2025-04, & 2025-05, Authorizing Annexation of Territory to City of Covina Community Facilities District No. 2007-1 (Public Services) (Annexation No. 36), and to Call and Hold a Special Election
531
Staff Recommendation:
1. City Council to open the public hearing and consider public testimony
and close the public hearing;
Adopt Resolution CC 2025-03, authorizing the annexation of territory to Community Facilities District No. 2007-1 (Annexation No. 36; 831 W. Cypress Street, Covina) and authorizing the levy of a special tax and submitting the levy of tax to the qualified electors;
2. Adopt Resolution CC 2025-04, calling a special election and submitting to the voters of Annexation No. 36 of City of Covina Community Facilities District No. 2007-1 (Public Services), propositions regarding the annual levy of special taxes within Annexation No. 36 to finance public services, and the establishment of an appropriations limit; and
3. Adopt Resolution CC 2025-05 making certain findings, certifying the results of an election and adding property to Community Facilities District No. 2007-1 (Public Services), Annexation No. 36.
4. PH 2. Consideration of Fiscal Year 2025-2026 Community Development Block Grant (CDBG) Program Budget
561
Staff Recommendation:
1. Open the public hearing and receive public testimony;
2. Close the public hearing;
Consider approval of the FY 2025-2026 CDBG program budget as recommended in Column C of the Table on Attachment A with the provision that: a) the allocation be adjusted based on the final allocation as determined by the Los Angeles County Development Authority (LACDA), with a maximum of 15 percent of funding allocated for public service programs;
3. Adopt Resolution CC 2025-06, authorizing the allocation of the Fifty First Year CDBG funds for FY 2025-2026; and
4. Authorize the City Manager or his designee to execute the documents related to the FY 2025-2026 CDBG funds.
5. NEW BUSINESS
NB 1. A Professional Services Agreement with PCAM, LLC dba Parking Company of America for the Operation of a Micro Transit Pilot Program 573
Staff Recommendation:
Authorize the City Manager to execute a Professional Services Agreement with PCAM, LLC dba Parking Company of America for the Operation of a Micro Transit Pilot Program and authorize the City Manager or his designee to execute the Agreement and related documents.
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, February 4, 2025, 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
December 3, 2024, 6:30 p.m.
125 E. College Street, Covina, California
Council Chamber of City Hall
Councilmembers Present: Councilmember Walter Allen, III Mayor Pro Tem/Vice-Chair Victor Linares
Mayor/Chair John C. King
Councilmembers Absent: Councilmember Patricia Cortez
Councilmember Hector Delgado
Staff Present: City Clerk Drew Aleman (Elected Member)
City Manager Chris Marcarello
City Attorney Candice K. Lee
Police Chief David Povero
Interim Finance Director Theresa Franke
Community Development Director Brian Lee
Parks & Recreation/Library Services Director Lisa Evans Public Works Director Rafael Fajardo
Chief Deputy City Clerk Fabian Velez
Staff Absent: City Treasurer Neil Polzin (Elected Member) Deputy City Manager Angel Carrillo
_____________________________________________________________________
2 CLOSED SESSION
CALL TO ORDER
Mayor King called the Council/Agency/Authority meeting to order at 6:34 p.m. with Councilmember Allen, Mayor Pro Tem Linares, and Mayor King present.
PUBLIC COMMENTS
There were no public comments.
CLOSED SESSION
The City Council/Successor Agency to the Covina Redevelopment Agency/Covina Public Financing Authority/Covina Housing Authority adjourned to closed session for the following:
A. Government Code § 54956.9(d)(1) – CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION
Regarding BKK Corporation Landfill in West Covina, California B. Government Code § 54956.8 - CONFERENCE WITH REAL PROPERTY
NEGOTIATORS
Property: North-east corner of East Front Street and N. 1st Avenue, Covina, CA (APN: 8430-018-004)
Agency Negotiator: Chris Marcarello, City Manager
Brian Lee, Community Development Director
Negotiating Parties: Seats Trust, Owner
Under Negotiation: Price and Terms of Payment
C. Government Code § 54957.6 – CONFERENCE WITH LABOR
NEGOTIATORS
Agency Designated Representative:
Chris Marcarello, City Manager
Update on negotiations with the various Employee Organizations:
Police Association of Covina (PAC); Police Management Group (PMG); and Police Supervisors of Covina (PSC)
RECESS
Mayor King recessed the Council to Closed Session at 6:35 p.m.
JOINT MEETING—OPEN SESSION 7:30 PM
RECONVENE AND CALL TO ORDER
Mayor King called the Council/Agency/Authority meeting to order at 7:33 p.m. with Councilmember Allen, Mayor Pro Tem Linares, and Mayor King present.
3 ROLL CALL
PLEDGE OF ALLEGIANCE
Led by Mayor Pro Tem Linares.
INVOCATION
Given by Covina Police Chaplain Chuck Cannizzaro.
CLOSED SESSION REPORT
City Attorney Lee announced that direction was given to staff and no reportable action was taken.
PUBLIC COMMENTS
Resident Mike Aguilar commented regarding City Hall operation hours and the need for increased code enforcement.
COUNCIL/AGENCY/AUTHORITY COMMENTS
Councilmember Allen thanked the Code Enforcement staff for the work they have been completing recently and explained some of the struggles the City can face when enforcing the municipal code.
He also thanked Parks & Recreation/Library Services Director Lisa Evans, the Parks & Recreation, Public Works, and Police Department staff on the recent Tree Lighting Ceremony and the activities of that event. Lastly, Councilmember Allen expressed his thoughts regarding the City's operational hours.
Mayor Pro Tem Linares echoed comments from Councilmember Allen regarding the Tree Lighting Ceremony and thanked all staff involved for a great job. Mayor Pro Tem Linares also expressed his excitement for the upcoming Christmas Parade and thanked staff for the increasing decorations along the downtown area.
Mayor King thanked staff for the Tree Light Ceremony and noted the joyous feeling in the community with the holiday events. Mayor King also highlighted the following items from the Consent Calendar: item CC 3, which makes progress on a multi-family development on Badillo St.; item CC 7, relating to a mixed use project on Azusa Ave. and Cypress St.; and item CC 6, which utilizes grant funds to enhance the City's cyber security and training. He also invited the community to the 73rd annual Covina Christmas Parade, taking place on Saturday, December 7, 2024, at 6:30 p.m., along Badillo St., and warned of the street closures that will be associated with the event. Mayor King also provided comments on Police Chief Povero's upcoming retirement, Police Captain Ric Walczak's upcoming promotion to Police Chief, and provided kind words to both.
CITY MANAGER COMMENTS
City Manager Marcarello announced that the recently-approved street paving projects on Barranca Ave., Cienega Ave., and Sunflower Ave., are underway this week and gave kudos to the Public Works staff. He also announced and congratulated the appointment of Interim Public Works Director Rafael Fajardo to the role Public Works Director and City Engineer.
4 Mayor King requested that the City Council join him in adjourning the meeting in honor of Bob Loesh, a long time active Covina resident, former board member of Ridge Riders Equestrian Center, and veteran.
CONSENT CALENDAR PUBLIC COMMENTS
There were no public comments.
CONSENT CALENDAR
CC 1. Minutes
Motion made by: Councilmember Allen
Seconded by: Mayor Pro Tem Linares
Approve the Minutes of the November 19, 2024, Regular Meeting of the City Council/Successor Agency to the Covina Redevelopment Agency/Covina Public Financing Authority/Housing Authority.
Approved (3 to 0); Cortez & Delgado Absent
CC 2. Payment of Demands
Motion made by: Councilmember Allen
Seconded by: Mayor Pro Tem Linares
Approve Payment of Demands in the amount of $4,809,163.32.
Approved (3 to 0); Cortez & Delgado Absent
CC 3. Resolution CC 2024-114 Accepting an Easement for Domestic Water Utility Purposes with the Development of Property at 1201 W. Badillo Street Motion made by: Councilmember Allen
Seconded by: Mayor Pro Tem Linares
Adopt Resolution CC 2024-114 accepting an easement for domestic water utility purposes with the development of property at 1201 W. Badillo Street.
Approved (3 to 0); Cortez & Delgado Absent
CC 4. Authorize the City Manager to Execute a Fuel Station Use Agreement between the City of Covina and the Covina Valley Unified School District for Use of the City’s Fuel Station Located at the Public Works Yard, 534 North Barranca Avenue
Motion made by: Councilmember Allen
Seconded by: Mayor Pro Tem Linares
Authorize the City Manager to Execute a Fuel Station Use Agreement between the City of Covina and the Covina Valley Unified School District for a period of five (5) years.
Approved (3 to 0); Cortez & Delgado Absent
5 CC 5. Amendment No. 4 Extending Janitorial Service Agreement and Increase Hourly Rate
Motion made by: Councilmember Allen
Seconded by: Mayor Pro Tem Linares
Approve Amendment No. 4 Extending the Janitorial Service Agreement for the Covina Police Station and Increasing the Hourly Rate.
Approved (3 to 0); Cortez & Delgado Absent
CC 6. Purchase of Cyber Security Equipment/Software and Staff Training Motion made by: Councilmember Allen
Seconded by: Mayor Pro Tem Linares
Approve the Purchase of Cyber Security Equipment/Software from Intelli-Tech and Staff Training from Technology Staffing Solutions.
Approved (3 to 0); Cortez & Delgado Absent
CC 7. Adoption of Resolutions Relating to Annexation of Territory to CFD 2007-1, Declaring Intention to Authorize Annexation, Adopting Boundary Map, & Setting the Public Hearing Date for January 21, 2025 (831 W. Cypress Street, Covina/Annexation 36)
Motion made by: Councilmember Allen
Seconded by: Mayor Pro Tem Linares
1. Adopt City Resolution CC 2024-112, declaring intention to authorize the annexation of territory to Community Facilities District (CFD) No. 2007-1 (Public Services); and
2. Adopt City Resolution CC 2024-113, adopting boundary map showing territory proposed to be annexed in the future to Community Facilities District No. 2007-1 (Public Services).
Approved (3 to 0); Cortez & Delgado Absent
PUBLIC HEARINGS
PH 1. Consideration of Resolutions Authorizing Annexation of Territory to City of Covina Community Facilities District No. 2007-1 (Public Services) (Annexation No. 35), and to Call and Hold a Special Election (747 North Barranca, Covina)
Staff Recommendation:
1. City Council to open the public hearing and consider public testimony and close the public hearing; and
2. Adopt Resolution CC 2024-115, authorizing the annexation of territory to Community Facilities District No. 2007-1 (Annexation No. 35) and authorizing the levy of a special tax and submitting the levy of tax to the qualified electors; and
3. Adopt Resolution CC 2024-116, calling a special election and submitting to the voters of Annexation No. 35 of City of Covina Community Facilities
6 District No. 2007-1 (Public Services), propositions regarding the annual levy of special taxes within Annexation No. 35 to finance public services, and the establishment of an appropriations limit; and
4. Adopt Resolution CC 2024-117 making certain findings, certifying the results of an election and adding property to Community Facilities District No. 2007-1 (Public Services), Annexation No. 35.
Mayor King opened the public hearing.
The agenda report was provided by Management Analyst Alice Leung.
There were no public comments, nor did anyone wish to submit a written protest.
Mayor King closed the public hearing.
City Clerk Aleman confirmed that no written protest had been received and therefore, a majority did not exist.
Mayor King had announced that because a majority protest did not exist, it was appropriate for the City Council to consider resolutions annexing the territory and calling a special election within the annexation area.
Motion made by: Mayor Pro Tem Linares
Seconded by: Councilmember Allen
1. Adopt Resolution CC 2024-115, authorizing the annexation of territory to Community Facilities District No. 2007-1 (Annexation No. 35) and authorizing the levy of a special tax and submitting the levy of tax to the qualified electors; and
2. Adopt Resolution CC 2024-116, calling a special election and submitting to the voters of Annexation No. 35 of City of Covina Community Facilities District No. 2007-1 (Public Services), propositions regarding the annual levy of special taxes within Annexation No. 35 to finance public services, and the establishment of an appropriations limit.
Approved (3 to 0); Cortez & Delgado Absent
City Clerk Aleman confirmed that the ballots had been received and at the Mayor’s request proceeded to canvass the ballots.
City Clerk Aleman completed the canvassing of the ballots and reported that:
On Proposition A, one (1) vote was cast in support of the proposition and 0 votes were cast in opposition to the proposition; therefore, Proposition A was approved with 100% vote in favor.
On Proposition B, one (1) vote was cast in support of the proposition and 0 votes were cast in opposition to the proposition; therefore, Proposition B was approved with 100% vote in favor.
7 Motion made by: Councilmember Allen
Seconded by: Mayor Pro Tem Linares
Adopt Resolution CC 2024-117 making certain findings, certifying the results of an election and adding property to Community Facilities District No. 2007-1 (Public Services), Annexation No. 35.
Approved (3 to 0); Cortez & Delgado Absent
ADJOURNMENT
At 8:00 p.m., the Covina City Council/Successor Agency to the Covina Redevelopment Agency/Covina Public Financing Authority/Covina Housing Authority adjourned in memory of Bob Loesh to its next regular meeting of the Council/Agency/Authority scheduled for Tuesday, December 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
1 CITY COUNCIL/SUCCESSOR AGENCY TO THE COVINA REDEVELOPMENT
AGENCY/COVINA PUBLIC FINANCING AUTHORITY/COVINA HOUSING
AUTHORITY JOINT MEETING
MINUTES
December 9, 2024, 4:00 p.m.
125 E. College Street, Covina, California
Council Chamber of City Hall
Councilmembers Present: Councilmember Patricia Cortez
Councilmember Hector Delgado
Mayor/Chair John C. King
Councilmembers Absent: Councilmember Walter Allen, III
Mayor Pro Tem/Vice-Chair Victor Linares
Staff Present: City Clerk Drew Aleman (Elected Member)
City Manager Chris Marcarello
Police Chief David Povero
Community Development Director Brian Lee
Chief Deputy City Clerk Fabian Velez
Staff Absent: City Treasurer Neil Polzin (Elected Member) City Attorney Candice K. Lee
Parks & Recreation/Library Services Director Lisa Evans Public Works Director Rafael Fajardo
Deputy City Manager Angel Carrillo
Interim Finance Director Theresa Franke
_____________________________________________________________________
2 CALL TO ORDER
Mayor King called the Council/Agency/Authority special meeting to order at 4:18 p.m. with Councilmember Cortez, Councilmember Delgado, and Mayor King present.
ROLL CALL
PUBLIC COMMENTS
There were no public comments.
NEW BUSINESS
NB 1. City Council Consideration of Appeal by Covina Responsible and Compliant Retail LLC at (1052 N. Citrus Avenue, Covina, CA) Related to the Rejection of its Proposal Under RFP 2023-02 – Establishment of a Commercial Cannabis Retail or Microbusiness
Staff Recommendation:
1. Open the Public Hearing, Receive Public Testimony, and Close the Public Hearing;
2. Make finding that the appeal is exempt under the California Environmental Quality Act (“CEQA”);
3. Consider the appeal of the City’s Cannabis Evaluation Committee’s rejection of the application by Covina Responsible and Compliant Retail LLC at 1052 N. Citrus Avenue, Covina, CA under RFP 2023-02, and direct to staff to prepare and bring a resolution at the next Council meeting with one of the following actions:
A. If the City Council agrees with the decision of the City’s Cannabis Evaluation Committee, then affirm staff's original decision and deny the applicant's advancement in the RFP evaluation process for a cannabis business permit application
B. If the City Council can make the findings to support the appeal, then reverse the City’s Cannabis Evaluation Committee’s decision and authorize Covina Responsible and Compliant Retail LLC to advance in the RFP evaluation process.
Mayor King opened the appeal hearing.
Motion made by: Councilmember Delgado
Seconded by: Councilmember Cortez
Make finding that the appeal is exempt under the California Environmental Quality Act (“CEQA”).
Approved (3 to 0); Allen & Linares Absent
3 City Clerk Aleman confirmed that the applicant was provided notice of the appeal hearing and City Attorney Eckart provided the procedural guidelines.
The staff report and presentation were provided by City Manager Marcarello, Deputy City Manager Carrillo, Community Development Director Lee, and City Attorney Marroquin.
Councilmember Cortez informed the Mayor that communication regarding the appeal was received from two individuals and both communications were referred to City staff. Councilmember Delgado informed the Mayor that an email communication for a meeting was received and the email was referred to City staff.
Mayor King disclosed that he also received an email communication for a meeting and the email was referred to City staff.
Representatives of Covina Responsible and Compliant Retail, LLC, presented their appeal.
Questions from the City Council to the appellant included the selection of a C-2 Zoned location, what it means to have control of an alternative site, if applications will be combined with the alternative site, and the merits of the appeal.
Jorge Marquez, Lisa Reina, Eloy Florez, George, Bri Rizo, and Robert Moreno provided comments in support of Covina Responsible and Compliant Retail, LLC.
The appellant representatives thanked the City Council for the opportunity to present.
Further questions from the City Council included what the process for zoning verification consisted of, implications of moving forward with the alternative location, what impacts allowing an alternative location woud look like, the subject matter of the appeal, if an alternative location would be allowed, and how the municipal code could be harmonized.
Mayor King closed the appeal hearing.
City Council deliberation included thoughts on the appeal, potential to allow an alternative location, and next steps.
Mayor King reopened the appeal hearing.
Motion made by: Councilmember Cortez
Seconded by: Councilmember Delgado
Continue the appeal hearing to February 4, 2025.
Approved (3 to 0); Allen & Linares Absent
ADJOURNMENT
At 6:08 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, December 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.
4 _______________________________
Fabian Velez, Chief Deputy City Clerk
_______________________________
John C. King, Mayor/Chair
1 CITY COUNCIL/SUCCESSOR AGENCY TO THE COVINA REDEVELOPMENT
AGENCY/COVINA PUBLIC FINANCING AUTHORITY/COVINA HOUSING
AUTHORITY JOINT MEETING
MINUTES
December 17, 2024, 7:00 p.m.
125 E. College Street, Covina, California
Council Chamber of City Hall
Councilmembers Present: Councilmember Patricia Cortez
Councilmember Hector Delgado
Mayor/Chair John C. King
Councilmembers Absent: Councilmember Walter Allen, III
Mayor Pro Tem/Vice-Chair Victor Linares
Staff Present: City Clerk Drew Aleman (Elected Member)
City Manager Chris Marcarello
City Attorney Candice K. Lee
Police Chief David Povero
Community Development Director Brian Lee
Parks & Recreation/Library Services Director Lisa Evans Public Works Director Rafael Fajardo
Deputy City Manager Angel Carrillo
Chief Deputy City Clerk Fabian Velez
Staff Absent: City Treasurer Neil Polzin (Elected Member) Interim Finance Director Theresa Franke
_____________________________________________________________________
2 CALL TO ORDER
Mayor King called the Council/Agency/Authority special meeting to order at 7:04 p.m. with Councilmember Cortez, Councilmember Delgado, and Mayor King present.
ROLL CALL
PRESENTATIONS
A. Charter Oak Advanced Choir Ensemble "ACE"
Rebecca Portnoy, Choir Director for Charter Oak Unified School District, and the Charter Oak Advanced Choral Ensemble "ACE" performed several songs.
B. Covina Christmas Parade Committee Recognition
Mayor King called forward the Covina Christmas Parade Committee (Committee) to recognize their hard work on the 34th annual Tree Lighting Ceremony and the 73rd annual Christmas Parade. Committee Chair Joelle Peelgren thanked the City Council, City staff, and the members of the Committee, emphasized the importance of traditions like these to create a sense of belonging and connection to the community.
ADJOURNMENT
At 7:34 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, December 17, 2024, at 7:30 p.m., for open session in the Council Chamber located inside of City Hall, 125 East College Street, Covina, California, 91723.
________________________________
Fabian Velez, Chief Deputy City Clerk
_______________________________
John C. King, Mayor/Chair
CITY OF COVINA AND
SUCCESSOR AGENCY TO THE
COVINA REDEVELOPMENT AGENCY
AGENDA ITEM REPORT
ITEM NO. CC 4
Meeting: January 21, 2025
Title: Payment of Demands
Presented by: Theresa Franke, Interim Director of Finance Recommendation: Approve Payment of Demands in the amount of $7,834,192.82.
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 November 28, 2024 – December 26, 2024 CITY checks/EFTs $ 5,408,048.52
CITY payroll $ 2,293,967.18
CITY voids $ (35,366.93)
Worker’s Comp $ 166,963.02
$ 7,833,611.79
SACRA checks/EFTs $ 136.73
SACRA payroll $ 444.30
$ 581.03
TOTAL checks/EFTs $ 7,834,192.82
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 24/25 budget.
Respectfully submitted,
CITY OF COVINA
Check Register
Nov 28, 2024 - Dec 26, 2024
Check # Check Date Vendor Name Amount
5988 12/05/2024 4003 MidAmerica 2,237.53
5989 12/12/2024 1364 HOME DEPOT CREDIT SERVICES 4,558.24 5990 12/19/2024 4003 MidAmerica 2,227.87
20894 12/05/2024 788 COVINA, CITY OF 95.71
20895 12/05/2024 2033 NATIONWIDE RETIREMENT SOLUTIONS 7,500.00 20896 12/05/2024 788 COVINA, CITY OF 51,528.46
20897 12/05/2024 789 COVINA-FSA, CITY OF 570.84
20898 12/05/2024 2033 NATIONWIDE RETIREMENT SOLUTIONS 30,023.13 20899 12/05/2024 487 CalPERS 7,038.22
20900 12/05/2024 487 CalPERS 432.71
20901 12/05/2024 487 CalPERS 101,945.52
20902 12/19/2024 788 COVINA, CITY OF 53,209.59
20903 12/19/2024 789 COVINA-FSA, CITY OF 570.84
20904 12/19/2024 2033 NATIONWIDE RETIREMENT SOLUTIONS 60,398.13 20905 12/19/2024 788 COVINA, CITY OF (63.83)
20906 12/19/2024 487 CalPERS 99,894.04
subtotal EFT/wires/direct deposits $422,167.00
124160 12/05/2024 219 AT&T 556.54
124161 12/05/2024 254 AZUSA LIGHT & WATER 63.60
124162 12/05/2024 381 BOOMERANG BLUEPRINT 310.35
124163 12/05/2024 477 DEPT OF INDUSTRIAL RELATIONS 225.00 124164 12/05/2024 480 CALIFORNIA ASSOCIATION OF 100.00
124165 12/05/2024 568 CAT SPECIALTIES INC 283.89
124166 12/05/2024 703 UNIQUE PRINTING 291.06
124167 12/05/2024 706 COMMERCIAL DOOR METAL SYSTEMS INC 19,630.53 124168 12/05/2024 771 COVINA IRRIGATING CO 285,355.36
124169 12/05/2024 783 CITY OF COVINA WATER 167.87
124170 12/05/2024 788 CASH 800.00
124171 12/05/2024 878 DELTA DENTAL OF CALIFORNIA 122.02 124172 12/05/2024 970 EDISON CO 34,480.43
124173 12/05/2024 1156 THE GAS COMPANY 34.37
124174 12/05/2024 1235 GRAINGER 1,191.76
124175 12/05/2024 1429 INLAND EMPIRE STAGES 5,246.86
124176 12/05/2024 1531 JW LOCK CO INC 97.96
124177 12/05/2024 1694 LEWIS ENGRAVING INC 26.46
124178 12/05/2024 1792 MANNING & KASS 41,488.10
124179 12/05/2024 2091 O REILLY AUTO PARTS 119.55
124180 12/05/2024 2275 POIRIER, ROBERT 65.00
124181 12/05/2024 2676 SMART AND FINAL IRIS CORP 393.88 124182 12/05/2024 2736 STAPLES BUSINESS ADVANTAGE 78.12 124183 12/05/2024 2800 T MOBILE USA 377.07
124184 12/05/2024 2852 THREE VALLEY MUN WATER DISTR 5,285.58 124185 12/05/2024 2855 CHARTER COMMUNICATIONS 206.03
124186 12/05/2024 3001 VERIZON WIRELESS 5,488.49
124187 12/05/2024 3004 VICTORY EXTERMINATING INC 75.00
124188 12/05/2024 3023 VULCAN MATERIALS COMPANY 981.33
124189 12/05/2024 3070 WEST COAST ARBORISTS INC 8,605.80 124190 12/05/2024 3102 WILLDAN FINANCIAL SERVICES 250.00 124191 12/05/2024 3102 WILLDAN FINANCIAL SERVICES 1,000.00 124192 12/05/2024 3152 YWCA 2,492.14
124193 12/05/2024 3163 GENTRY BROTHERS INC 729,018.41
124194 12/05/2024 3274 WILLDAN 18,820.00
Attachment A Page 1 of 9
CITY OF COVINA
Check Register
Nov 28, 2024 - Dec 26, 2024
Check # Check Date Vendor Name Amount
124195 12/05/2024 3729 SUNBELT RENTALS INC 712.37
124196 12/05/2024 3796 RICHARDS, WATSON & GERSHON 31,277.41 124197 12/05/2024 3988 LANDSCAPE WAREHOUSE III 3,172.33 124198 12/05/2024 4065 VERIZON BUSINESS SERVICES 998.22 124199 12/05/2024 4065 VERIZON WIRELESS 707.95
124200 12/05/2024 4201 OFFICE TEAM 14,100.00
124201 12/05/2024 4201 OFFICE TEAM - A ROBERT HALF COMPANY 18,155.70 124202 12/05/2024 4374 ADMINSURE, INC 7,307.00
124203 12/05/2024 4455 FRONTIER 1,269.83
124204 12/05/2024 4582 USABLUEBOOK 902.33
124205 12/05/2024 4710 Fidelity Security Life Insurance Company 8.62 124206 12/05/2024 4764 UniFirst Corporation 527.49
124207 12/05/2024 4784 Apollo Wood Recovery, Inc. 313.20 124208 12/05/2024 4824 Occu-Med, Ltd. 3,986.00
124209 12/05/2024 4833 Michael R. Hillmann 3,770.00
124210 12/05/2024 4863 La Verne Power Equipment 1,170.81 124211 12/05/2024 4871 HARRINGTON INDUSTRIAL PLASTICS, LLC 1,099.03 124212 12/05/2024 4885 ELIE FARAH 6,616.00
124213 12/05/2024 4893 DXP ENTERPRISES, INC 24,998.36
124214 12/05/2024 4928 Springstead & Associates, Inc. 8,000.00 124215 12/05/2024 4960 Data Ticket, Inc. 200.00
124216 12/05/2024 4965 Environment Planning Development Solutions, Inc. 300.00 124217 12/05/2024 4968 Semper Scientific, Inc 356.00
124218 12/05/2024 4979 GRBCON, Inc. 3,042.90
124219 12/05/2024 4983 Ad Valorem Records,Inc. 18,187.73 124220 12/05/2024 4996 Green Giant Landscape, Inc. 248,084.32 124221 12/05/2024 5169 Occupational Health Centers of California 154.00 124222 12/05/2024 5205 ANTHRO INTERNATIONAL 458.42
124223 12/05/2024 5228 ODP BUSINESS SOLUTIONS, LLC 116.25 124224 12/05/2024 5280 ALDERMAN & HILGERS LLP 8,495.21
124225 12/05/2024 5291 AMAZON CAPITAL SERVICES, INC 317.04 124226 12/05/2024 5346 TRIPEPI SMITH & ASSOCIATES INC 610.00 124227 12/05/2024 5425 AQMNI LLC 20,587.10
124228 12/05/2024 5435 CORE & MAIN LP 523.07
124229 12/05/2024 5456 JOSE GONZALEZ 23,950.00
124230 12/05/2024 5495 ELEVATE SERVICES INC 16,542.25
124231 12/05/2024 5515 BBS CONSTRUCTION INC 29,431.58
124232 12/05/2024 5518 THE PAPE' GROUP INC 2,976.75
124233 12/05/2024 5530 FC AND SONS ROOFING INC 8,249.65 124234 12/05/2024 99999 ALANA MANTILLA 33.23
124235 12/05/2024 99999 ALANA MANTILLA 1,275.63
124236 12/05/2024 99999 ALICE LEUNG 1,313.87
124237 12/05/2024 99999 ANDA ENTERPRISE INC 77.28
124238 12/05/2024 99999 ANGELA JIMENEZ 65.92
124239 12/05/2024 99999 CELIA L VELAZQUEZ 161.36
124240 12/05/2024 99999 ELIZABETH TAN 13.35
124241 12/05/2024 99999 EZPERANZA MORALES 80.00
124242 12/05/2024 99999 FELIX RODRIGUEZ 36.06
124243 12/05/2024 99999 HC RUE ROYALE PARTNER LLC 80.00 124244 12/05/2024 99999 HUA TSUNG CHEN 69.35
124245 12/05/2024 99999 MARGARITA SOLARES 75.48
124246 12/05/2024 99999 MELIA HOMES, INC. 25,126.25
Attachment A Page 2 of 9
CITY OF COVINA
Check Register
Nov 28, 2024 - Dec 26, 2024
Check # Check Date Vendor Name Amount
124247 12/05/2024 99999 RUDOLF MONTIEL 2,250.00
124248 12/05/2024 99999 SARAH TAGASHIRA 207.01
124249 12/05/2024 99999 STEPHANIE STABIO 419.23
124250 12/05/2024 99999 YUN HEE KIM CLIENT TRUST ACCOUNT 60,000.00 124251 12/05/2024 68 AFLAC ACCT# YQ792 WORLDWIDE HEADQUARTERS 4,089.51 124252 12/05/2024 69 AFSCME District Council 36 746.76
124253 12/05/2024 775 COVINA POLICE ASSOCIATION 2,650.00 124254 12/05/2024 878 DELTA DENTAL OF CALIFORNIA 9,273.52 124255 12/05/2024 1106 FRANCHISE TAX BOARD 100.00
124256 12/05/2024 3795 PRE-PAID LEGAL SERVICES, INC 138.53 124257 12/05/2024 3846 CLEA 992.00
124258 12/05/2024 4255 RELIASTAR LIFE INSURANCE COMPANY 4,718.47 124259 12/05/2024 4710 Fidelity Security Life Insurance Company 1,000.75 124260 12/10/2024 4999 Domingo Lopez Quinonez 7,417.38
124261 12/12/2024 219 AT&T 342.51
124262 12/12/2024 219 AT&T 57.00
124263 12/12/2024 239 AUTOZONE INC 270.88
124264 12/12/2024 333 BERLITZ LANGUAGES, INC. 60.00
124265 12/12/2024 654 CITRUS CAR WASH 29.99
124266 12/12/2024 700 COLLEY FORD 4,585.23
124267 12/12/2024 970 EDISON CO 7.59
124268 12/12/2024 970 EDISON CO 72,431.04
124269 12/12/2024 1204 GOLDEN STATE WATER COMPANY 1,718.37 124270 12/12/2024 1235 GRAINGER 379.50
124271 12/12/2024 1255 GRISWOLD INDUSTRIES 8,874.82
124272 12/12/2024 1614 LA CNTY FIRE DEPARTMENT 1,096,143.13 124273 12/12/2024 1754 LOWE'S COMPANIES INC 509.20
124274 12/12/2024 2027 NAPA AUTO PARTS 1,441.57
124275 12/12/2024 2032 NATIONAL BUSINESS FURNITURE 3,432.60 124276 12/12/2024 2329 PUENTE READY MIX INC 1,207.24
124277 12/12/2024 2619 SGV EXAMINER 1,331.00
124278 12/12/2024 2711 SOUTHEAST CONSTRUCTION PRODUCTS - COVINA 91.50 124279 12/12/2024 2713 SOUTHERN CALIFORNIA EDISON 2,481.46 124280 12/12/2024 2736 STAPLES BUSINESS ADVANTAGE 1,137.41 124281 12/12/2024 2795 STATE WATER RESOURCES CONTROL BOARD 18,196.00 124282 12/12/2024 2855 SPECTRUM 96.24
124283 12/12/2024 2855 CHARTER COMMUNICATIONS 146.73
124284 12/12/2024 3001 VERIZON WIRELESS 4,551.91
124285 12/12/2024 3082 WESTERN WATER WORKS SUPPLY 294.14 124286 12/12/2024 3108 Wills Automotive 90.00
124287 12/12/2024 3134 XEROX CORPORATION 745.29
124288 12/12/2024 3584 ENTERPRISE SECURITY INC 330.00
124289 12/12/2024 3749 JCL TRAFFIC SERVICES 524.22
124290 12/12/2024 3847 SCOT BRUCE 1,800.00
124291 12/12/2024 3988 LANDSCAPE WAREHOUSE III 224.86
124292 12/12/2024 4055 GLENN TANAKA 1,375.00
124293 12/12/2024 4379 789, Inc. 4,958.33
124294 12/12/2024 4455 FRONTIER 10,913.10
124295 12/12/2024 4488 WILCOX SUPPLY INC 880.24
124296 12/12/2024 4688 PCAM, LLC 22,120.63
124297 12/12/2024 4694 Leslie's Poolmart Inc 1,266.75
124298 12/12/2024 4704 S & J Supply Company, Inc. 4,251.24 Attachment A Page 3 of 9
CITY OF COVINA
Check Register
Nov 28, 2024 - Dec 26, 2024
Check # Check Date Vendor Name Amount
124299 12/12/2024 4713 Fisher Integrated, Inc. 1,200.00 124300 12/12/2024 4764 UniFirst Corporation 606.42
124301 12/12/2024 4765 AMC Modern IT 2,754.06
124302 12/12/2024 4817 Weck Analytical Environmental Services, Inc. 302.00 124303 12/12/2024 4854 CEJ Engineers, Inc. 69,452.00
124304 12/12/2024 4863 La Verne Power Equipment 348.16
124305 12/12/2024 4871 HARRINGTON INDUSTRIAL PLASTICS, LLC 2,412.34 124306 12/12/2024 4977 Enterprise FM Trust 6,024.04
124307 12/12/2024 5011 Excel Office Services 330.55
124308 12/12/2024 5109 SITEREP CONSTRUCTION SERVICES, INC. 34,275.00 124309 12/12/2024 5139 Crown Castle Fiber LLC 1,850.00
124310 12/12/2024 5531 CU TECHNOLOGY LLC / ACORN TECHNOLOGY SERVICES 21,851.25 124311 12/12/2024 5553 SOUTHERN TIRE MART LLC 3,275.30
124312 12/12/2024 5562 SIDEPATH INC. 3,461.62
124313 12/12/2024 5567 FH INTERNATIONAL SERVICE STATION MAINTENANCE INC 255.00 124314 12/12/2024 5595 DARCC, INC 22,500.00
124315 12/12/2024 5596 BIOCONNECT INC 1,152.00
124316 12/12/2024 5596 BIOCONNECT INC 3,000.00
124317 12/12/2024 5605 SUNDAYS SILKSCREENING INC 7,417.38 124318 12/12/2024 99999 DAVID ZUBIA 328.30
124319 12/12/2024 99999 ESTEBAN ORTEGA 117.81
124320 12/12/2024 99999 VERONICA GUZMAN 167.37
124321 12/19/2024 44 ADAMSON INDUSTRIES 853.33
124322 12/19/2024 84 AIRGAS-WEST 734.12
124323 12/19/2024 84 AIRGAS-WEST 277.11
124324 12/19/2024 113 ALL CITY MANAGEMENT SVC 13,463.28 124325 12/19/2024 158 AMERICAN TRAFFIC SOLUTIONS 17,775.75 124326 12/19/2024 219 AT&T 58.18
124327 12/19/2024 219 AT&T 67.69
124328 12/19/2024 221 AT&T MOBILITY 4.35
124329 12/19/2024 239 AUTOZONE INC 508.77
124330 12/19/2024 254 AZUSA LIGHT & WATER 3,711.59
124331 12/19/2024 255 AZUSA PLUMBING & HEATNG SUPPLY 97.87 124332 12/19/2024 260 B & K ELECTRIC WHOLESALE 2,655.01 124333 12/19/2024 370 BOB BARKER CO INC 321.51
124334 12/19/2024 437 BURRO CANYON ENT INC 20.00
124335 12/19/2024 457 CA PARKS AND REC SOCIETY 510.00
124336 12/19/2024 568 CAT SPECIALTIES INC 4,858.24
124337 12/19/2024 649 CINTAS CORP #693 1,168.89
124338 12/19/2024 654 CITRUS CAR WASH 629.83
124339 12/19/2024 664 CIVILTEC ENGINEERING INC. 6,877.50 124340 12/19/2024 703 UNIQUE PRINTING 1,466.23
124341 12/19/2024 706 COMMERCIAL DOOR CO INC 1,077.00
124342 12/19/2024 739 COPWARE 1,725.00
124343 12/19/2024 749 BOHL PH.D., NANCY K. 1,750.00
124344 12/19/2024 782 COVINA VALLEY USD 641.75
124345 12/19/2024 783 CITY OF COVINA WATER 587.39
124346 12/19/2024 798 CRAFCO INC 3,572.10
124347 12/19/2024 849 DAPEER ROSENBLIT & LITVAK LLP 4,965.50 124348 12/19/2024 970 EDISON CO 2,777.78
124349 12/19/2024 1156 THE GAS COMPANY 2,219.80
124350 12/19/2024 1235 GRAINGER 83.72
Attachment A Page 4 of 9
CITY OF COVINA
Check Register
Nov 28, 2024 - Dec 26, 2024
Check # Check Date Vendor Name Amount
124351 12/19/2024 1241 GRAND PRINTING 80.92
124352 12/19/2024 1275 HAAKER EQUIPMENT CO 5,129.99
124353 12/19/2024 1361 HOLLIDAY ROCK CO INC 392.22
124354 12/19/2024 1417 IMS COMMERCIAL ICE SYSTEM REGRIGERATION 274.07 124355 12/19/2024 1420 INDEPENDENT CITIES ASSOC 2,563.40 124356 12/19/2024 1429 INLAND EMPIRE STAGES 1,622.82
124357 12/19/2024 1437 INTER-CON SECURITY SYSTEMS INC 5,093.82 124358 12/19/2024 1561 KEYSTONE UNIFORM DEPOT 3,556.71
124359 12/19/2024 1603 COUNTY OF LOS ANGELES 1,813.00
124360 12/19/2024 1603 LA COUNTY DEPARTMENT OF PUBLIC HEALTH 1,258.00 124361 12/19/2024 1615 REGIONAL TAP SERVICE CENTER 40.00 124362 12/19/2024 1619 LA CNTY SHERIFF'S DEPT 310.18
124363 12/19/2024 1663 LAW ENFORCEMENT MEDICAL 950.00
124364 12/19/2024 1694 LEWIS ENGRAVING INC 93.71
124365 12/19/2024 1895 MERRIMAC ENERGY GROUP 31,097.90
124366 12/19/2024 1933 MISSION LINEN SUPPLY 56.88
124367 12/19/2024 2027 NAPA AUTO PARTS 99.82
124368 12/19/2024 2185 PANTAGES THEATRE NEDERLANDER GROUP 4,840.00 124369 12/19/2024 2238 PEST OPTIONS INC 1,075.00
124370 12/19/2024 2270 PLUMBING WHOLESALE OUTLET 156.60 124371 12/19/2024 2285 POVERO, DAVID 197.09
124372 12/19/2024 2312 PROFORCE MARKETING, INC 2,155.39 124373 12/19/2024 2329 PUENTE READY MIX INC 2,268.47
124374 12/19/2024 2407 REGIONAL TAP SERVICE CENTER 260.30 124375 12/19/2024 2415 REPUBLIC MASTER CHEFS 932.60
124376 12/19/2024 2426 REYNOLDS MOTOR CORP. 950.93
124377 12/19/2024 2487 RSG, Inc. 4,650.00
124378 12/19/2024 2705 SOUTH COAST AQMD 707.00
124379 12/19/2024 2711 SOUTHEAST CONSTRUCTION PRODUCTS - COVINA 48.45 124380 12/19/2024 2736 STAPLES BUSINESS ADVANTAGE 232.91 124381 12/19/2024 2795 STATE WATER RESOURCES CONTROL BOARD 4,826.00 124382 12/19/2024 2852 THREE VALLEY MUN WATER DISTR 5,285.58 124383 12/19/2024 2855 CHARTER COMMUNICATIONS 357.50
124384 12/19/2024 2903 TRI-XECUTEX CORP 100.00
124385 12/19/2024 2935 UNDERGROUND SERVICE ALERT 159.48 124386 12/19/2024 2954 URBAN GRAFFITI ENTERPRISES INC 22,035.36 124387 12/19/2024 2958 USPS - POC ACCOUNT #8098154 2,078.86 124388 12/19/2024 2962 USI INC 278.40
124389 12/19/2024 2998 VERIPIC 12,203.28
124390 12/19/2024 3001 VERIZON WIRELESS 5,617.18
124391 12/19/2024 3023 VULCAN MATERIALS COMPANY 1,928.70 124392 12/19/2024 3052 WATERLINE TECHNOLOGIES INC 3,060.42 124393 12/19/2024 3070 WEST COAST ARBORISTS INC 11,036.00 124394 12/19/2024 3102 WILLDAN FINANCIAL SERVICES 2,475.00 124395 12/19/2024 3185 TOSHIBA FINANCIAL SERVICES 1,830.12 124396 12/19/2024 3729 SUNBELT RENTALS INC 712.36
124397 12/19/2024 3796 RICHARDS, WATSON & GERSHON 23,505.19 124398 12/19/2024 3801 JONES & MAYER 49.15
124399 12/19/2024 3837 SONSRAY MACHINERY LLC 4,618.56
124400 12/19/2024 3901 GEM AUTO REPAIR 186.93
124401 12/19/2024 3988 LANDSCAPE WAREHOUSE III 533.07
124402 12/19/2024 4065 VERIZON WIRELESS 923.65
Attachment A Page 5 of 9
CITY OF COVINA
Check Register
Nov 28, 2024 - Dec 26, 2024
Check # Check Date Vendor Name Amount
124403 12/19/2024 4077 INTERWEST CONSULTING GROUP INC 27,693.00 124404 12/19/2024 4201 OFFICE TEAM - A ROBERT HALF COMPANY 7,114.80 124405 12/19/2024 4209 ADLERHORST INTERNATIONAL 247.83
124406 12/19/2024 4225 CORELOGIC SOLUTIONS, LLC 433.15
124407 12/19/2024 4246 FERGUSON WATERWORKS #1083 25,996.95 124408 12/19/2024 4279 BOSS JANITORIAL SERVICES 11,736.63 124409 12/19/2024 4332 ERIC ARROYO 3,375.00
124410 12/19/2024 4349 Intelli-Tech 8,465.20
124411 12/19/2024 4350 RKA Consulting Group 42,570.00
124412 12/19/2024 4374 ADMINSURE, INC 7,307.00
124413 12/19/2024 4438 CALIFORNIA COMPUTER SCHOOLS, INC 150.00 124414 12/19/2024 4448 FS CONTRACTORS, INC. 4,982.75
124415 12/19/2024 4455 FRONTIER 498.56
124416 12/19/2024 4526 CalAct 840.00
124417 12/19/2024 4676 Hill Brothers Chemical Company 3,384.68 124418 12/19/2024 4688 PCAM, LLC 39,247.50
124419 12/19/2024 4714 CIR, Inc. 39,904.80
124420 12/19/2024 4716 Nearmap US, Inc. 6,812.50
124421 12/19/2024 4764 UniFirst Corporation 855.18
124422 12/19/2024 4766 HASA, INC. 4,510.02
124423 12/19/2024 4817 Weck Analytical Environmental Services, Inc. 862.00 124424 12/19/2024 4824 Occu-Med, Ltd. 3,069.10
124425 12/19/2024 4833 Michael R. Hillmann 2,600.00
124426 12/19/2024 4836 Lucius Williams 485.65
124427 12/19/2024 4854 CEJ Engineers, Inc. 4,800.00
124428 12/19/2024 4863 La Verne Power Equipment 253.56
124429 12/19/2024 4885 ELIE FARAH 1,900.00
124430 12/19/2024 4900 G2 Wraps 5,000.00
124431 12/19/2024 4925 Humane Society of Pomona Valley, Inc. 47,824.16 124432 12/19/2024 4960 Data Ticket, Inc. 200.00
124433 12/19/2024 4983 Ad Valorem Records,Inc. 5,515.21 124434 12/19/2024 5019 GM Sager Construction Co., Inc. 24,830.00 124435 12/19/2024 5099 CliftonLarsonAllen LLP 8,400.00
124436 12/19/2024 5100 Flock Group Inc 53,000.00
124437 12/19/2024 5109 SITEREP CONSTRUCTION SERVICES, INC. 43,320.20 124438 12/19/2024 5117 Steam It All LLC 1,240.00
124439 12/19/2024 5137 MasterCorp Commercial Services LLC 4,578.79 124440 12/19/2024 5138 Ricoh USA, Inc. 299.63
124441 12/19/2024 5186 Dash Platform, LLC 106.39
124442 12/19/2024 5213 TANGLED WEB SOLUTIONS: INVESTIGATIONS 5,700.00 124443 12/19/2024 5228 ODP BUSINESS SOLUTIONS, LLC 29.29 124444 12/19/2024 5233 RODENT PEST TECHNOLOGIES 135.19
124445 12/19/2024 5269 CONTROL AIR ENTERPRISES LLC. 3,940.04 124446 12/19/2024 5291 AMAZON CAPITAL SERVICES, INC 695.42 124447 12/19/2024 5354 MALLORY SAFETY & SUPPLY LLC 216.54 124448 12/19/2024 5363 BEISEL ELECTRIC 1,814.00
124449 12/19/2024 5412 COVINA ANIMAL HOSPITAL 107.47
124450 12/19/2024 5431 ASTRA BACKFLOW INC 176.41
124451 12/19/2024 5515 BBS CONSTRUCTION INC 39,679.03
124452 12/19/2024 5517 BATTERY CONNECTION INC. 376.85
124453 12/19/2024 5530 FC AND SONS ROOFING INC 6,237.00 124454 12/19/2024 5568 PERERA CONSTRUCTION & DESIGN, INC. 753,950.44 Attachment A Page 6 of 9
CITY OF COVINA
Check Register
Nov 28, 2024 - Dec 26, 2024
Check # Check Date Vendor Name Amount
124455 12/19/2024 5577 Bear Electrical Solutions, LLC 36,456.00 124456 12/19/2024 5580 ROLLINS, INC 147.00
124457 12/19/2024 5600 ENVIRONMENTAL EQUIPMENT SUPPLY, INC. 881.62 124458 12/19/2024 5602 NATA CONSTRUCTION INC 9,597.40
124459 12/19/2024 5607 ACLARA TECHNOLOGIES LLC 30,354.00 124460 12/19/2024 99999 CONSTANCE PENG 59.84
124461 12/19/2024 99999 CORINA VALEZ 350.40
124462 12/19/2024 99999 DALE WILMOT 212.30
124463 12/19/2024 99999 DANIELLA ANDRADE 1,102.89
124464 12/19/2024 99999 JENNIFER MCDOWELL 36.33
124465 12/19/2024 99999 JOHN SAZON 53.35
124466 12/19/2024 99999 MATT STOLZ 70.00
124467 12/19/2024 99999 MATTHEW BRIGHT 46.16
124468 12/19/2024 99999 RACHA ZEITOUN 309.74
124469 12/19/2024 99999 ROSA GUERRERO 73.29
124470 12/19/2024 99999 ROSALIE MORENO 80.00
124471 12/19/2024 99999 RUSSELL AMIO 50.50
124472 12/19/2024 99999 WALMART #01-5954 1,671.49
124473 12/19/2024 68 AFLAC ACCT# YQ792 WORLDWIDE HEADQUARTERS 4,089.51 124474 12/19/2024 69 AFSCME District Council 36 747.04
124475 12/19/2024 775 COVINA POLICE ASSOCIATION 3,150.00 124476 12/19/2024 878 DELTA DENTAL OF CALIFORNIA 9,395.54 124477 12/19/2024 3795 PRE-PAID LEGAL SERVICES, INC 138.57 124478 12/19/2024 3846 CLEA 1,152.00
124479 12/19/2024 4255 RELIASTAR LIFE INSURANCE COMPANY 4,576.24 124480 12/19/2024 4710 Fidelity Security Life Insurance Company 1,022.73 124481 12/24/2024 239 AUTOZONE INC 45.95
124482 12/24/2024 291 BARR & CLARK 1,465.00
124483 12/24/2024 653 CITRUS AUTO UPHOLSTERY 270.00
124484 12/24/2024 692 CODE PUBLISHING COMPANY 376.00
124485 12/24/2024 700 COLLEY FORD 907.32
124486 12/24/2024 703 UNIQUE PRINTING 473.05
124487 12/24/2024 749 BOHL PH.D., NANCY K. 700.00
124488 12/24/2024 947 DUNN EDWARDS CORP 387.67
124489 12/24/2024 962 EAST DISTRICT SUPERIOR COURT 6,853.00 124490 12/24/2024 1235 GRAINGER 1,244.50
124491 12/24/2024 1276 HACH CO 1,286.00
124492 12/24/2024 1361 HOLLIDAY ROCK CO INC 780.11
124493 12/24/2024 1371 HOSE MAN INC, THE 9.48
124494 12/24/2024 1429 INLAND EMPIRE STAGES 1,668.88
124495 12/24/2024 1505 JOHNNY'S POOL SERVICE 132.26
124496 12/24/2024 1561 KEYSTONE UNIFORM DEPOT 154.28
124497 12/24/2024 1694 LEWIS ENGRAVING INC 19.85
124498 12/24/2024 2027 NAPA AUTO PARTS 1,413.59
124499 12/24/2024 2309 PROFESSIONAL ACCOUNT MANAGEMENT LLC 6,855.58 124500 12/24/2024 2312 PROFORCE MARKETING, INC 1,171.41 124501 12/24/2024 2345 QUILL 226.09
124502 12/24/2024 2415 REPUBLIC MASTER CHEFS 198.02
124503 12/24/2024 2444 RIO HONDO COLLEGE 250.00
124504 12/24/2024 2804 TAG AMS INC 325.00
124505 12/24/2024 2898 TRIANGLE TRUCK PARTS 2.43
124506 12/24/2024 3004 VICTORY EXTERMINATING INC 75.00
Attachment A Page 7 of 9
CITY OF COVINA
Check Register
Nov 28, 2024 - Dec 26, 2024
Check # Check Date Vendor Name Amount
124507 12/24/2024 3108 Wills Automotive 225.00
124508 12/24/2024 3621 WAXIE ENTERPRISES INC 817.78
124509 12/24/2024 3749 JCL TRAFFIC SERVICES 10,684.63
124510 12/24/2024 3796 RICHARDS, WATSON & GERSHON 2,553.70 124511 12/24/2024 3837 SONSRAY MACHINERY LLC 41.36
124512 12/24/2024 3839 DOANE AND HARTWIG WATER SYSTEMS, INC. 399.44 124513 12/24/2024 3913 OGS TECHNOLOGIES INC 395.88
124514 12/24/2024 3988 LANDSCAPE WAREHOUSE III 277.11
124515 12/24/2024 4389 EMPLOY AMERICA 2,580.00
124516 12/24/2024 4444 URBAN RESTORATION GROUP US INC 545.97 124517 12/24/2024 4634 Gladwell Govt. Svcs. 400.00
124518 12/24/2024 4682 Evan Brooks Associates, Inc. 4,276.00 124519 12/24/2024 4704 S & J Supply Company, Inc. 8,454.70 124520 12/24/2024 4764 UniFirst Corporation 156.72
124521 12/24/2024 4813 JOHNSON CONTROLS FIRE PROTECTION LP 552.35 124522 12/24/2024 4878 iWater, Inc. 6,500.00
124523 12/24/2024 5169 Occupational Health Centers of California 522.00 124524 12/24/2024 5228 ODP BUSINESS SOLUTIONS, LLC 429.96 124525 12/24/2024 5241 BLUERAY AQUATICS 12,274.62
124526 12/24/2024 5291 AMAZON CAPITAL SERVICES, INC 514.06 124527 12/24/2024 5354 MALLORY SAFETY & SUPPLY LLC 631.76 124528 12/24/2024 5382 PT RIGGING PRODUCTIONS INC 1,800.00 124529 12/24/2024 5464 ADVANCE STORES COMPANY INC 424.81 124530 12/24/2024 5517 BATTERY CONNECTION INC. 112.25
124531 12/24/2024 5553 SOUTHERN TIRE MART LLC 277.74
124532 12/24/2024 5570 DIESEL GROUND SYSTEMS INC 11,513.13 124533 12/24/2024 5580 ROLLINS, INC 147.00
124534 12/24/2024 5599 VISIONS RECYCLING INC 274.52
124535 12/24/2024 5606 MAGNOLIA ENVIRONMENTAL, LLC 1,554.00 124536 12/24/2024 5609 ISRAEL SILVA 19,068.49
124537 12/24/2024 5610 CATALINA PASSENGER SERVICE, INC 3,964.40 124538 12/24/2024 99999 CATHERINE SHANNON 33.38
124539 12/24/2024 99999 DAVID W. DUARTE 21.95
124540 12/24/2024 99999 DEBORAH WALSH 96.00
124541 12/24/2024 99999 ELIZABETH WILSON 31.40
124542 12/24/2024 99999 ERNIE RIOS 40.00
124543 12/24/2024 99999 INSUK COPPRELL 26.34
124544 12/24/2024 99999 KERRY TUN 33.19
124545 12/24/2024 99999 LOGAN'S RUN 90.36
124546 12/24/2024 99999 NEGRON SALUSTIANO JR. 23.11
124547 12/24/2024 99999 OPENDOOR LABS INC. 61.15
124548 12/24/2024 99999 SHOBI KITAMURA 20.00
124549 12/24/2024 99999 SUSAN LEE 54.24
124550 12/24/2024 99999 YIN JENNY WONG 107.48
124551 12/24/2024 99999 YOONCHO PARK 67.94
subtotal checks $ 4,986,018.25
120523 03/13/2024 5019 GM Sager Construction Co., Inc. (24,830.00) 123055 09/12/2024 2091 O REILLY AUTO PARTS (119.55)
123203 09/19/2024 99999 P&K BUILDERS (3,000.00)
124260 12/10/2024 4999 Domingo Lopez Quinonez (7,417.38) subtotal voids $ (35,366.93)
Attachment A Page 8 of 9
CITY OF COVINA
Check Register
Nov 28, 2024 - Dec 26, 2024
Check # Check Date Vendor Name Amount
payroll (12/05/24) $ 1,130,625.58
payroll (12/19/24) $ 1,163,785.90
workers' compensation $ 166,963.02
TOTAL checks/EFTs $7,834,192.82
Attachment A Page 9 of 9
CC Regular Meeting
AGENDA ITEM REPORT
ITEM NO. CC 5
Meeting: January 21, 2025
Title: City of Covina Investment Report for Month Ended December 31, 2024 Presented by: Theresa Franke, Interim Director of Finance Charles Russom, Sr. 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 December 31, 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 11/30/2024 $88,475,282.16
RECEIPTS 12/1/24-12/31/24 27,512,126.19
DISBURSEMENTS 12/1/24-12/31/24 (24,910,296.57)
CASH AND INVESTMENT BALANCE 12/31/2024 $91,077,111.78
ANALYSIS OF CASH AND INVESTMENT BALANCE - BOOK VALUE
INVESTMENT PORTFOLIO Attachment A-2 $54,422,161.30
LOCAL AGENCY INVESTMENT FUND Attachment A-4 24,334,333.70 TOTAL PUBLIC INVESTMENTS 78,756,495.00
CHECKING / PETTY / STIFEL CASH BALANCES 12,320,616.78
CASH AND INVESTMENT BALANCE 12/31/2024 91,077,111.78
CASH HELD BY BOND TRUSTEES 3,167,107.72
TOTAL CASH AND INVESTMENT / BOND TRUSTEE CASH BALANCE 12/31/2024 $94,244,219.50
CITY OF COVINA INVESTMENT REPORT
FOR THE MONTH ENDED DECEMBER 31, 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 required reserve limits of the City's operations.
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 2,076,427.58 N/A Demand 2,076,427.58 Public Agency Saving - Parking Fines BMO 81,339.80 N/A Demand 81,339.80 Utility Billing Account BMO 242,998.33 N/A Demand 242,998.33Workers' Compensation - Checking Account BMO 120,403.34 N/A Demand 120,403.34Payroll - Checking Account BMO 1,272,631.56 N/A Demand 1,272,631.56 Money Market BMO 6,725,338.65 N/A Demand 6,725,338.65AFLAC Flexible Spending Account BMO 19,070.60 N/A Demand 19,070.60 STIFEL Cash Per GL Various 1,774,626.80 Various Various 1,774,626.80 STIFEL Investment Portfolio Various 54,422,161.30 Various Various 54,257,085.01 Local Agency Investment Fund State of California 24,334,333.70 N/A Demand 24,334,333.70 Subtotal (A) $91,077,111.78 $90,912,035.49
Cash Held With 3rd Party Administrator:TRIP 2017A Covina Wilmington Trust $634.29 N/A Demand $634.29 LA County Loan Agreement U.S. Bank 1,625,035.02 N/A Demand 1,625,035.02 Other Post-Employment Benefits Charles Schwab 1,534,611.25 N/A Demand 1,534,611.252021 Taxable Pension Obligation Bonds U.S. Bank 6,824.55 N/A Demand 6,824.55 2019 Wastewater Refunding Bonds U.S. Bank 2.61 N/A Demand 2.61 Subtotal (B) $3,167,107.72 $3,167,107.72
TOTAL (A+B) $94,244,219.50 $94,079,143.21
CITY OF COVINA
CASH AND INVESTMENT SUMMARY
FOR THE MONTH ENDED DECEMBER 31, 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
December 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 94.043000 1,000,000 $ 915,357.70 0.9400 31422XGQ9 10/26/2026 Stifel FEDL Agric MTG Corp -
Medium Term Note 07/02/24 100.241000 1,000,000 1,000,000.00 5.2700 31424WLD2 7/9/2027 Stifel Total Agricultural Mortgage 2,000,000 $ 1,915,357.70
FEDL Farm Credit Bank Bond 02/02/22 99.840000 1,000,000 $ 998,647.01 1.3200 3133ENLU2 1/21/2025 Stifel FEDL Farm Credit Bank Bond 02/02/22 94.465000 1,000,000 996,151.59 1.5000 3133ENKV1 1/13/2027 Stifel Federal Farm Credit Bank Bond 04/07/22 97.633000 1,000,000 1,009,311.77 3.1500 3133EJDV8 3/22/2027 Stifel FEDL Farm Credit Bank Bond 08/12/24 99.957000 1,000,000 1,000,000.00 4.6200 3133ERNS6 8/12/2027 Stifel Total Federal Farm Credit 4,000,000 $ 4,004,110.37
Tennessee Valley AuthPWR Bond 1995 SER E 06/30/22 101.952000 1,000,000 $ 1,030,463.28 6.7500 880591CJ9 11/1/2025 Stifel FEDL Home Loan Bank Bond 02/02/22 98.505000 1,000,000 1,010,876.50 2.6250 3130A6ZQ3 12/12/2025 Stifel FEDL Home Loan Bank Bond 04/07/22 97.901000 1,000,000 1,005,078.70 3.0000 3130A2VE3 9/11/2026 Stifel FEDL Home Loan Bank Bond 11/04/24 99.769000 1,000,000 1,000,000.00 4.3300 3133ERZM6 11/5/2026 Stifel FEDL NATL MTG ASSN Note 06/07/24 100.159000 1,000,000 1,000,000.00 5.2600 3135GATR2 6/10/2027 Stifel FEDL Home Loan Bank Bond 10/22/24 99.940000 1,950,000 1,950,000.00 4.7000 3130B3DD2 10/22/2027 Stifel FEDL Home Loan Bank Bond 11/26/24 100.098000 1,000,000 1,000,000.00 4.5479 3133ERZS3 11/12/2027 Stifel FEDL Home Loan Bank Bond 11/19/24 100.036000 1,000,000 1,000,000.00 4.6248 3130B3RN5 11/19/2027 Stifel FEDL Home Loan Bank Bond 12/10/24 99.900000 1,000,000 1,000,000.00 4.5000 3130B42Y6 12/23/2027 Stifel FEDL Home Loan Bank Bond 12/23/2024 100.335000 1,000,000 1,003,302.14 4.6840 3130B0EE5 3/6/2028 Stifel FEDL Home Loan MTG CorpPool #WN2479 12/04/23 100.088800 1,000,000 993,437.50 4.9400 3132XGXH4 5/1/2028 Stifel FEDL Home Loan Bank Bond 05/09/23 99.883000 1,000,000 1,000,000.00 5.0500 3130AVZG0 5/15/2028 Stifel FEDL NATL MTG ASSNPool#BSB8718 Balloon 03/05/24 98.890700 1,000,000 986,562.50 4.3800 3140LKVL4 6/1/2028 Stifel FEDL Home Loan Bank Bond 10/25/24 99.997000 1,000,000 1,000,000.00 4.5300 3130B3AS2 10/16/2028 Stifel FEDL Home Loan Bank Bond 11/04/24 99.931000 1,000,000 1,000,000.00 4.6700 3133ERZT1 11/7/2028 Stifel FEDL Home Loan MTG Corp -
Medium Term Note 11/19/24 99.706000 1,000,000 1,000,000.00 4.8982 3134HAXZ1 11/7/2028 Stifel FEDL Home Loan MTG CorpPOOL#WN2537 04/16/24 99.939300 1,000,000 989,687.50 4.9000 3132XGZB5 12/1/2028 Stifel FEDL Home Loan MTG CorpPool#WN2534 02/16/24 99.762400 1,000,000 997,187.50 4.9000 3132XGY83 12/1/2028 Stifel FEDL Home Loan MTG CorpPOOL#WN2559 4/10/2024 99.027500 1,000,000 979,062.50 4.6000 3132XGZZ2 1/1/2029 Stifel FEDL Home Loan MTG Corp -
Medium Term Note 02/20/24 99.958000 1,000,000 997,570.00 5.2500 3134H1TX1 2/23/2029 Stifel FEDL Home Loan MTG Corp -
Medium Term Note 02/22/24 99.998000 1,000,000 993,939.00 5.0000 3134H1UK7 2/23/2029 Stifel FEDL NATL MTG ASSN Note 10/25/24 99.052000 1,000,000 1,000,000.00 4.4000 3135GAXR7 8/3/2029 Stifel FEDL Home Loan Bank Bond 09/04/24 97.932000 980,000 980,000.00 4.2000 3130B2GZ2 8/13/2029 Stifel FEDL Home Loan Bank Bond 09/09/24 97.576000 2,000,000 2,000,000.00 4.0000 3130B2NS0 9/4/2029 Stifel FEDL Home Loan Bank Bond 10/25/24 97.928000 1,000,000 990,500.00 4.0000 3130B32X0 10/2/2029 Stifel FEDL Home Loan Bank Bond 10/25/24 99.601000 1,000,000 1,000,000.00 4.6500 3130B3F65 10/22/2029 Stifel FEDL Home Loan Bank Bond 11/05/24 99.131000 1,000,000 1,000,000.00 4.5000 3130B3M67 11/13/2029 Stifel Total Federal Home Loan 28,930,000 $ 28,907,667.12
Investment Portfolio as of
December 2024
Issuer
Purchase
Date
Market Price Per
Share Qty
Total Original Cost
Value Coupon CUSIP Maturity Trustee
Western Alliance BankPhoenix AZ CD 06/26/23 99.959000 245,000 $ 245,000.00 5.2500 95763PPD7 1/7/2025 Stifel Knoxville TVA Employees -
Credit Union 04/13/23 99.896000 249,000 236,275.11 1.9500 499724AL6 1/16/2025 Stifel Live Oak Bkg Co -
Wilmington NC CD 03/03/22 99.686000 249,000 248,751.00 1.8500 538036HW7 2/14/2025 Stifel Corp America Family CUElgin IL CD 02/13/24 100.000000 245,000 245,000.00 5.0000 219873AA4 2/21/2025 Stifel Sound CR UNTacoma WA ShS CTF 02/06/23 100.112000 245,000 245,000.00 5.1000 83616HAC8 2/21/2025 Stifel BMW Bank North America -
Salt Lake City UT CD 03/01/22 99.562000 245,000 245,000.00 1.8000 05580AK37 3/4/2025 Stifel American Express Natl BK -
Salt Lake City UT CD 03/01/22 99.526000 245,000 245,000.00 1.8000 02589ABP6 3/10/2025 Stifel Bethpage FED CR UNBethpage NY SHS CTF 04/29/24 100.316000 245,000 245,000.00 5.2500 08756MAA8 5/13/2025 Stifel Centris FEDL CR UNOmaha NE SHS CTF 05/09/23 100.303000 245,000 245,000.00 5.0000 15643VAB8 5/24/2025 Stifel Credit Union of TexasAllen TX SHS CTF 05/11/23 100.105000 245,000 245,000.00 5.1500 22551KAZ5 5/27/2025 Stifel First Choice FEDL CR UNNew Castle PA SHS CTF 05/17/23 100.303000 245,000 245,000.00 5.0000 31949HAA9 5/27/2025 Stifel Lafayette FEDL CR UNRockville MD SHS CTF 11/22/23 100.536000 245,000 245,000.00 5.5500 50625LBP7 5/30/2025 Stifel Barclays Bank DEWilmington DE CD 05/24/22 99.498000 245,000 245,000.00 3.0500 06740KQS9 6/2/2025 Stifel Global Federal CR UNAnchorage AK SHS CTG 06/06/23 100.446000 245,000 245,000.00 5.2000 37892MAL8 6/16/2025 Stifel SCE FCUIrwindale CA SHS CTF 12/13/23 100.367000 245,000 245,000.00 5.0000 78413RAJ6 6/20/2025 Stifel Community West CR UNKentwood MI CD 12/12/22 100.376000 245,000 245,000.00 5.0000 20416JAC8 6/23/2025 Stifel Oregon CMNTY CR UNEugene OR SHS CTF 06/16/23 100.461000 245,000 245,000.00 5.1500 68584JAE9 6/23/2025 Stifel BMO Harris Bank NAChicago IL CD 06/23/22 99.516000 245,000 245,000.00 3.2000 05600XGK0 6/24/2025 Stifel Liberty Fed CR UNEvansville IN SHS CTF 07/01/23 100.595000 245,000 245,000.00 5.3000 53052LAW9 7/14/2025 Stifel American First CR UNBrea CA SHS CTF 06/30/22 99.503000 245,000 245,000.00 3.2500 02616ABJ7 7/15/2025 Stifel Valley Strong CR UNBakersfield CA SHS CTF 01/04/23 100.032000 245,000 245,000.00 5.1000 920133AL9 7/18/2025 Stifel Technology CR UNSan Jose CA SH CTF 01/09/23 100.034000 245,000 245,000.00 5.1000 87868YAH6 7/21/2025 Stifel TTCU Federal CR UnionTulsa OK CD 07/10/23 100.655000 245,000 245,000.00 5.3500 89854LAE3 7/25/2025 Stifel Communitywide FEDL CR UNSouth Bend IN SHS CTF 08/04/23 100.719000 245,000 245,000.00 5.2000 20416TBD3 8/29/2025 Stifel Flagstar Bank NA -
Hicksville NY CD 06/06/24 100.796000 245,000 245,000.00 5.3000 33847GHY1 9/12/2025 Stifel First Bank -
Hamilton NJ CD 06/06/24 100.712000 245,000 245,000.00 5.1500 319137CJ2 9/18/2025 Stifel Washington State BankWashington IA CD 4/2/2024 100.650000 245,000 245,000.00 5.0000 93974LAG5 10/9/2025 Stifel First Natl Bank of AmerEast Lansing MI CE 05/16/22 98.998000 245,000 245,000.00 3.0000 32110YXE0 11/28/2025 Stifel Advantage FEDL CR UNRochester NY SHS CTF 08/24/23 101.156000 245,000 245,000.00 5.3000 00790JAD4 12/31/2025 Stifel Southwest Heritage CUOdessa TX SHS CTF 06/26/23 100.967000 245,000 245,000.00 5.1000 84503PAF7 1/7/2026 Stifel
Investment Portfolio as of
December 2024
Issuer
Purchase
Date
Market Price Per
Share Qty
Total Original Cost
Value Coupon CUSIP Maturity Trustee
Jovia FINL FEDL CR UN -
Westbury NY CD 7/2/2024 100.915000 245,000 $ 245,000.00 5.0000 48115LAL8 1/20/2026 Stifel Marine FEDL CR UNJacksonvill NC SHS CTF 08/27/24 100.260000 245,000 245,000.00 4.3500 56824JBB9 2/27/2026 Stifel Truliant FEDL CR UNWinston Salem NC SHS CTF 03/09/23 101.223000 245,000 245,000.00 5.1500 89789AAH0 3/23/2026 Stifel United Fidelity Bank FSBEvansville IN CD 09/16/24 100.298000 245,000 245,000.00 4.3500 910286HZ9 3/27/2026 Stifel First Bank of The LakeOsage Beach MO CD 10/31/24 99.881000 245,000 245,000.00 4.0000 31925YBU5 4/30/2026 Stifel Ally Bank -
Midvale UT CD 04/27/22 98.390000 245,000 245,000.00 2.8500 02007GQQ9 5/5/2026 Stifel Morgan Stanley PVT BK NA -
Purchase NY CD 05/14/24 101.288000 245,000 245,000.00 5.0500 61768E3X9 5/22/2026 Stifel Global FED CR UN -
Anchorage AK SHS CTF 05/14/24 101.326000 245,000 245,000.00 5.0500 37892MAP9 5/29/2026 Stifel Inspire FEDL CR UNBristol PA SHS CTF 06/29/23 101.343000 245,000 245,000.00 5.0000 457731AQ0 6/30/2026 Stifel GESA CR UNRichland WA CD 07/19/23 101.827000 245,000 245,000.00 5.2500 37424PAH7 7/31/2026 Stifel Pima FEDL CR UNTucson AZ SHS CTF 08/02/23 101.951000 245,000 245,000.00 5.3000 722000AC0 8/17/2026 Stifel Signature Federal Cred U 08/16/23 101.992000 245,000 245,000.00 5.3000 82671DAG2 8/28/2026 Stifel KodabankDrayton ND CD 03/09/23 101.583000 245,000 245,000.00 5.0000 50007DAC3 9/22/2026 Stifel First NATL BankDamariscotta ME CD 03/09/23 101.586000 245,000 245,000.00 5.0000 32117BFR4 9/23/2026 Stifel Austin Telco Fed CR UN- Austin
TX SHS CTF 11/14/22 101.870000 245,000 245,000.00 5.0500 052392CC9 11/27/2026 Stifel Baxter CR UNVernon Hills IL SHS CTF 11/14/22 101.800000 245,000 245,000.00 5.0000 07181JAV6 11/30/2026 Stifel First Foundation Bank -
Irvine CA CD 06/05/24 101.841000 245,000 245,000.00 5.0625 32026U5X0 12/14/2026 Stifel All in FED CR UnionDaleville AL SHS CTF 12/07/22 100.811000 245,000 245,000.00 4.4500 01664MAA4 12/21/2026 Stifel State Bank of India -
New York NY CD 02/01/22 95.445000 245,000 245,000.00 1.7500 856285G21 2/9/2027 Stifel Pentagon Federal CR UN - Tysons
Corner VA 02/02/22 95.277000 245,000 245,000.00 1.7000 70962LBE1 2/18/2027 Stifel Sallie Mae Bank -
Salt Lake City UT CD 02/16/22 96.278000 245,000 245,000.00 2.2000 795451BH5 2/23/2027 Stifel Beal Bank -
Las Vegas NV CD 03/01/22 95.957000 245,000 245,000.00 2.0500 07371CK81 3/3/2027 Stifel Beal Bank -
Plano TX CD 03/01/22 95.957000 245,000 245,000.00 2.0500 07371AZQ9 3/3/2027 Stifel Medallion Bank -
Salt Lake City UT CD 03/01/22 95.892000 245,000 245,000.00 2.0500 58404DNG2 3/8/2027 Stifel Cpital One Bank USA NA -
Glen Allen VA CD 04/07/22 97.149000 245,000 245,000.00 2.7000 14042TFJ1 4/13/2027 Stifel Synchrony Bank -
Draper UT CD 04/07/22 97.145000 245,000 245,000.00 2.7000 87165FK45 4/14/2027 Stifel Capital One NA -
Mclean VA CD 04/27/22 97.864000 245,000 245,000.00 3.0500 14042RRA1 5/4/2027 Stifel Goldman Sachs Bank USA -
New York NY CD 04/27/22 97.848000 245,000 245,000.00 3.0500 38149M6Y4 5/11/2027 Stifel Toyota Finl Svgs BankHenderson NV CD 05/09/22 98.171000 245,000 245,000.00 3.2000 89235MNH0 5/17/2027 Stifel Morgan Stanley Bank NA- Salt
Lake City UT CD 05/16/22 98.279000 245,000 245,000.00 3.2500 61690UJ68 5/19/2027 Stifel
Investment Portfolio as of
December 2024
Issuer
Purchase
Date
Market Price Per
Share Qty
Total Original Cost
Value Coupon CUSIP Maturity Trustee
Morgan Stanley PVT BK NAPurchase NY CD 05/16/22 98.279000 245,000 $ 245,000.00 3.2500 61768EJR5 5/19/2027 Stifel Discover BankGreenwood DE CD 05/20/22 98.157000 245,000 245,000.00 3.2000 254673E36 5/24/2027 Stifel Credit Union New Jersey -
Ewing NJ SHS CTF 06/25/24 100.475000 245,000 245,000.00 5.4611 22552BAA9 7/9/2027 Stifel Workers FEDL Credit UNLittleton MA SHS CTF 08/27/24 99.978000 245,000 245,000.00 4.0000 98138MCK4 8/30/2027 Stifel Vantage West CR UNTucson AZ SHS CTF 09/04/24 99.979000 245,000 245,000.00 4.0000 92213MAB7 9/13/2027 Stifel Ideal Credit UnionWoodbury MN SHS CTF 12/07/22 101.406000 245,000 245,000.00 4.5000 45157PAZ3 12/29/2027 Stifel Alliant Credit UnionChicago IL SHS CTF 12/20/22 102.386000 245,000 245,000.00 4.8500 01882MAA0 12/30/2027 Stifel Cornerstone BankFargo ND CD 05/01/23 103.416300 245,000 245,000.00 - 219232CR4 5/10/2028 Stifel First FEDL S&L ASSN -
Lakewood OH CD 06/20/24 100.791000 245,000 245,000.00 5.3589 32023HBV9 6/28/2028 Stifel Texas Exchange Bank SSBCrowley TX CD 10/28/24 100.156000 245,000 245,000.00 4.0500 88241TUA6 7/12/2028 Stifel CY Fair FCUHouston TX SHS CTF 06/26/23 100.426000 245,000 245,000.00 5.3000 23248UAC1 7/14/2028 Stifel Numerica Credit Union-Spokane
VLY WA SHS CTF 07/12/23 103.667000 245,000 245,000.00 5.1000 67054NBK8 7/31/2028 Stifel GHS FED CR UN- Binghamton
NY SHS CTF 08/02/23 100.131000 245,000 245,000.00 5.6000 36266LAB2 8/17/2028 Stifel Tucson FEDL CR UNTucson AZ CD 09/01/23 103.410000 245,000 245,000.00 5.0000 898812AC6 9/8/2028 Stifel Money One FCULargo MD SHS CTF 09/01/23 103.425000 245,000 245,000.00 5.0000 60936TAL3 9/14/2028 Stifel San Francisco FEDL CR UNSan Francisco CA SHS 11/20/24 100.891000 245,000 245,000.00 4.2500 79772FAL0 11/27/2028 Stifel Bridgewater Bank -
Bloomington MN CD 06/20/24 100.052000 245,000 245,000.00 5.3500 108622PX3 6/28/2029 Stifel ClearPath FED CR UN -
Burbank CA SHS CTF 07/09/24 100.521000 245,000 245,000.00 5.4000 18507MAD3 7/30/2029 Stifel Altaone FED CR UN -
Ridgecrest CA SHS CTF 8/27/2024 99.347000 245,000 245,000 3.8500 02157RAC1 9/13/2029 Stifel Freedom Northwest CR UN 12/23/2024 100.667000 245,000 245,000.00 4.1200 356436AV7 12/31/2029 Stifel Total Certificates of Deposit 19,608,000 $ 19,595,026.11 54,538,000 $ 54,422,161.30
1,774,626.80
Stifel Total Value of Portfolio 54,538,000 $ 56,196,788.10 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 12/10/24 12/23/2027 100.000000 $ 1,000,000.00 $ 1,000,000.00 $ 1,000,000.00 FEDL Home Loan Bank Bond 3130B42Y6 Stifel 10,000 12/23/2024 3/6/2028 100.335000 1,003,350.00 1,003,350.00 1,003,350.00 FEDL Home Loan Bank Bond 3130B0EE5 Stifel 2,450 12/23/2024 12/31/2029 100.000000 245,000.00 245,000.00 245,000.00 Freedom Northwest CR UN 356436AV7 Stifel Total $ 2,248,350.00 $ 2,248,350.00 $ 2,248,350.00 -
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
2,450 06/06/23 12/16/2024 12/16/2024 100.000000 $ 245,000.00 $ 245,000.00 - $ 19,417.09 Cross River BankTeaneck NJ CD 227563CS0 Stifel
10,000 06/30/22 12/20/2024 12/20/2024 100.000000 1,000,000.00 1,000,000.00 - 25,000.00 FEDL Home Loan Bank Bond 3130AQF40 Stifel 2,450 06/13/23 12/23/2024 12/23/2024 100.000000 245,000.00 245,000.00 - 19,751.04 Americu CR UNRome NY SHS CTF 03065QAP3 Stifel
2,450 06/20/24 6/25/2026 12/26/2024 100.000000 245,000.00 245,000.00 - 6,633.12 JPMorgan Chase Bank NAColumbus OH CD 46657VCG3 Stifel
2,450 12/13/23 12/27/2024 12/27/2024 100.000000 245,000.00 245,000.00 - 13,193.73 Keypoint CR UNSan Jose CA SHS CTF 49332PAC4 Stifel
2,450 12/20/23 12/28/2028 12/30/2024 100.000000 245,000.00 245,000.00 - 13,389.11 Dannemora FED CR UNPlattsburgh NY CD 236334AD0 Stifel
2,450 06/21/23 12/30/2024 12/30/2024 100.000000 245,000.00 245,000.00 - 19,417.06 Jefferson Finl FCUMetirie LA SHS CTF 474067CH6 Stifel
Total $ 2,470,000.00 $ 2,470,000.00 $ - $ 116,801.15
Period Interest Revenue
Previous Month $216,423.04
Previous 12 mos. $2,982,916.90
CITY OF COVINA
Investment Transaction Summary
for the Month Ended December 31, 2024
Purchased Investments
Net Revenue Analysis - for Period Ending December 31, 2024 Sold/Matured Investments
Local Agency Investment Fund
P.O. Box 942809
Sacramento, CA 94209-0001
(916) 653-3001
January 08, 2025
LAIF Home
PMIA Average Monthly
Yields
CITY OF COVINA
CITY TREASURER
125 E. COLLEGE STREET
COVINA, CA 91723-2199
Account Number: 98-19-219
December 2024 Statement
Tran Type Definitions
Effective
Date
Transaction
Date
Tran
Type Confirm
Number
Web
Confirm
Number Authorized Caller Amount
12/11/2024 12/10/2024 RW 1764281 1724824 THERESA FRANKE -1,500,000.00 12/18/2024 12/18/2024 RW 1764530 1725072 BEI ZOU -2,000,000.00 Account Summary
Total Deposit: 0.00 Beginning Balance: 27,834,333.70
Total Withdrawal: -3,500,000.00 Ending Balance: 24,334,333.70 1/8/25, 8:17 AM LAIF Regular Monthly Statement
https://laifms.treasurer.ca.gov/RegularStatement.aspx 1/1 Attachment A-4 City
Statement Total
Balance Percentage
Cash Balances $12,320,617 13.07%
Local Agency Investment Fund 24,334,334 25.82%
Treasury / Agency 34,827,135 36.95%
Certificate of Deposits 19,595,026 20.79%
Funds Held by Bond Trustees 3,167,108 3.36%
Total $94,244,220 100.00%
CITY OF COVINA
Cash & Investment Holdings by Type as of December 31, 2024 *Average Investment coupon rate: 4.25% (based on weighted average of Original Cost Value) Cash Balances, 13.07%
Local Agency Investment
Fund, 25.82%
Treasury / Agency, 36.95%
Certificate of Deposits,
20.79%
Funds Held by Bond
Trustees, 3.36%
HOLDINGS BY TYPE
Attachment A-5 City
CASH AND INVESTMENT BALANCE 11/30/2024 $645,337.08
RECEIPTS 12/1/24-12/31/24 -
DISBURSEMENTS 12/1/24-12/31/24 -
CASH AND INVESTMENT BALANCE 12/31/2024 $645,337.08
ANALYSIS OF CASH AND INVESTMENT BALANCE
CHECKING ACCOUNT $73,817.64
LOCAL AGENCY INVESTMENT FUND Attachment A-6 571,519.44
AVAILABLE CASH BALANCES $645,337.08
CASH HELD BY BOND TRUSTEES 0.00
TOTAL CASH AND INVESTMENT / BOND TRUSTEE CASH BALANCE 12/31/2024 $645,337.08 FOR THE MONTH ENDED DECEMBER 31, 2024
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 $73,817.64
Local Agency Investment Fund State of California 571,519.44 Demand 571,519.44 Subtotal (A) $645,337.08 $645,337.08
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) $645,337.08 $645,337.08
* Formerly BNY Mellon
SUCCESSOR AGENCY TO THE COVINA REDEVELOPMENT AGENCY
CASH AND INVESTMENT SUMMARY
FOR THE MONTH ENDED DECEMBER 31, 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
January 08, 2025
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
December 2024 Statement
Tran Type Definitions
Account Summary
Total Deposit: 0.00 Beginning Balance: 571,519.44
Total Withdrawal: 0.00 Ending Balance: 571,519.44
1/8/25, 8:16 AM LAIF Regular Monthly Statement
https://laifms.treasurer.ca.gov/RegularStatement.aspx 1/1 Attachment A-6 Agency
Quarter
Ending City Agency*
12/31/2022 $80,007,762 $3,578,279
12/31/2023 $95,434,647 $901,789
12/31/2024. $94,244,220 $645,337
CITY OF COVINA AND SUCCESSOR AGENCY TO THE COVINA REDEVELOPMENT AGENCY Cash and Investments Three Year Comparison as of December 31, 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
12/31/2022 12/31/2023 12/31/2024.
$80,007,762
$95,434,647
$94,244,220
$3,578,279 $901,789 $645,337
MONTH ENDING DEC 31, 2024
City of Covina & Agency* Total Cash & Investments
Three Year Comparison
City Agency*
sdsdad
Attachment A-7 City Agency
Carrying Cost Plus
Description Accrued Interest Purch. Amortized Cost Fair Value Accrued Interest United States Treasury:
Bills $ 37,200,362,729.27 $ 37,578,467,975.08 $ 37,598,038,116.50 NA Notes $ 49,665,562,393.13 $ 49,643,342,570.29 $ 49,613,793,037.00 $ 456,248,631.50 Federal Agency:
SBA $ 222,988,043.71 $ 222,988,043.71 $ 224,917,838.54 $ 986,692.09 MBS-REMICs $ 1,239,158.24 $ 1,239,158.24 $ 1,224,593.17 $ 5,405.72 Debentures $ 7,776,611,325.51 $ 7,776,123,304.68 $ 7,750,461,150.00 $ 83,135,528.50 Debentures FR $ - $ - $ - $ -
Debentures CL $ 2,550,000,000.00 $ 2,550,000,000.00 $ 2,548,389,000.00 $ 21,607,623.50 Discount Notes $ 25,790,437,970.76 $ 26,046,333,391.63 $ 26,049,911,000.00 NA Supranational Debentures $ 2,896,697,399.81 $ 2,896,274,656.75 $ 2,873,776,000.00 $ 30,191,592.50 Supranational Debentures FR $ - $ - $ - $ -
CDs and YCDs FR $ - $ - $ - $ -
Bank Notes $ - $ - $ -
CDs and YCDs $ 13,150,000,000.00 $ 13,150,000,000.00 $ 13,151,991,371.89 $ 189,510,569.41 Commercial Paper $ 9,942,308,583.28 $ 10,047,868,071.48 $ 10,051,627,805.51 NA Corporate:
Bonds FR $ - $ - $ - $ -
Bonds $ 898,812,556.16 $ 898,667,140.88 $ 888,168,435.00 $ 8,541,998.72 Repurchase Agreements $ - $ - $ - $ -
Reverse Repurchase $ - $ - $ - $ -
Time Deposits $ 5,088,500,000.00 $ 5,088,500,000.00 $ 5,088,500,000.00 NA PMIA & GF Loans $ 194,249,000.00 $ 194,249,000.00 $ 194,249,000.00 NA TOTAL $ 155,377,769,159.87 $ 156,094,053,312.74 $ 156,035,047,347.61 $ 790,228,041.94 Fair Value Including Accrued Interest $ 156,825,275,389.55 Repurchase Agreements, Time Deposits, PMIA & General Fund loans, and Reverse Repurchase agreements are carried at portfolio book value (carrying cost).
The value of each participating dollar equals the fair value divided by the amortized cost (0.999621985).
As an example: if an agency has an account balance of $20,000,000.00, then the agency would report its participation in the LAIF valued at $19,992,439.69 or $20,000,000.00 x 0.999621985.
State of California
Pooled Money Investment Account
Market Valuation
12/31/2024
Attachment A-8
CC Regular Meeting
AGENDA ITEM REPORT
ITEM NO. CC 6
Meeting: January 21, 2025
Title: Recognized Obligation Payment Schedule (ROPS 25-26), Covering July 1, 2025 through June 30, 2026
Presented by: Theresa Franke, Interim Director of Finance Brian K. Lee, Community Development Director
Recommendation: Approve the Recognized Obligation Payment Schedule (ROPS 25-26) covering July 1, 2025, through June 30, 2026.
EXECUTIVE SUMMARY/BACKGROUND:
Pursuant to Health and Safety Code (HSC) Section 34177, and Senate Bill 107, the Successor Agency to the Covina Redevelopment Agency is required to submit an annual ROPS for the upcoming fiscal year to the California State Department of Finance (DOF) for approval in order to obtain sufficient funds to meet authorized financial obligations of the Agency. Effective July 1, 2018, the Oversight Board to the Successor Agency to the Covina Redevelopment Agency was disbanded and all Oversight Board matters are currently considered by the Consolidated Oversight Board (COB) for Supervisorial District 1, which includes the City of Covina. In order to submit the ROPS to DOF by the required February 1, 2025 date, the COB will need to consider this matter in January 2025. The staff report and ROPS were submitted to the COB for review and approval at their meeting on January 13, 2025.
DISCUSSION:
In order for the Successor Agency to the Covina Redevelopment agency to receive sufficient funding to meet its financial obligations, the First District Consolidated Oversight Board, which oversees former redevelopment agencies, must approve the ROPS. The ROPS must be adopted for each successive annual fiscal period, pursuant to Senate Bill 107, signed on September 22, 2015.
The ROPS 25-26 was approved by the COB on January 13, 2025. It includes funding for the disposal of the last properties owned by the Agency. Administrative costs will not be requested this year as the Agency does not qualify under HSC section 34717. “Other Funds” were utilized for the ROPS 25-26, therefore no RPTTF funds were requested. With COB approval, the resolution is forwarded to DOF for their consideration and approval.
FISCAL IMPACT:
In order for the Successor Agency to meet its financial obligations during this period, an approved ROPS must be filed with the Los Angeles County Auditor-Controller, the State of California Controller and the State of California Department of Finance. For July 1, 2025 through December 31, 2025 period (ROPS 25-26A), the Successor Agency is projecting expenditures of $31,500 and for January 1, 2026 through June 30, 2026 period (ROPS 25-26B) the request is for $31,500.
CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):
Not Applicable.
Respectfully submitted,
Recognized Obligation Payment Schedule (ROPS 25-26) - Summary Filed for the July 1, 2025 through June 30, 2026 Period Successor Agency: Covina
County: Los Angeles
Current Period Requested Funding for Enforceable
Obligations (ROPS Detail)
25-26A Total
(July -
December)
25-26B Total
(January -
June)
ROPS 25-26
Total
A Enforceable Obligations Funded as Follows (B+C+D) $ 31,500 $ 31,500 $ 63,000 B Bond Proceeds - - -
C Reserve Balance - - -
D Other Funds 31,500 31,500 63,000
E Redevelopment Property Tax Trust Fund (RPTTF) (F+G) $ - $ - $ -
F RPTTF - - -
G Administrative RPTTF - - -
H Current Period Enforceable Obligations (A+E) $ 31,500 $ 31,500 $ 63,000 Certification of Oversight Board Chairman:
Name Title
Pursuant to Section 34177 (o) of the Health and Safety
code, I hereby certify that the above is a true and
accurate Recognized Obligation Payment Schedule for
the above named successor agency. /s/
Signature Date
ATTACHMENT A
Covina
Recognized Obligation Payment Schedule (ROPS 25-26) - ROPS Detail July 1, 2025 through June 30, 2026
A B C D E F G H I J K L M N O P Q R S T U V W
Item
# Project Name Obligation Type
Agreement
Execution
Date
Agreement
Termination
Date
Payee Description Project
Area
Total
Outstanding
Obligation
Retired
ROPS
25-26
Total
ROPS 25-26A (Jul - Dec)
25-26A
Total
ROPS 25-26B (Jan - Jun)
25-26B
Total
Fund Sources Fund Sources
Bond
Proceeds
Reserve
Balance
Other
Funds RPTTF Admin RPTTF
Bond
Proceeds
Reserve
Balance
Other
Funds
RPTTF
Admin
RPTTF
$63,000 $63,000 $- $- $31,500 $- $- $31,500 $- $- $31,500 $- $- $31,500 39 Administration Admin
Costs
07/01/
2017
06/30/2018 City of
Covina
Administration 1&2 - N $- - - - - - $- - - - - - $-
44 LRPMP
Property
Disposition
Property
Dispositions
07/01/
2017
06/30/2018 Various Costs for
Property
Disposition
1&2 63,000 N $63,000 - - 31,500 - - $31,500 - - 31,500 - - $31,500
Covina
Recognized Obligation Payment Schedule (ROPS 25-26) - Report of Cash Balances July 1, 2022 through June 30, 2023
(Report Amounts in Whole Dollars)
Pursuant to Health and Safety Code section 34177 (l), Redevelopment Property Tax Trust Fund (RPTTF) may be listed as a source of payment on the ROPS, but only to the extent no other funding source is available or when payment from property tax revenues is required by an enforceable obligation.
A B C D E F G H
ROPS 22-23 Cash Balances
(07/01/22 - 06/30/23)
Fund Sources
Comments
Bond Proceeds Reserve Balance Other Funds RPTTF
Bonds issued
on or before
12/31/10
Bonds issued
on or after
01/01/11
Prior ROPS
RPTTF and
Reserve
Balances retained
for future
period(s)
Rent, grants,
interest, etc.
Non-Admin
and Admin
1 Beginning Available Cash Balance (Actual 07/01/22)
RPTTF amount should exclude "A" period distribution
amount.
18,122 125,854 2,833,610 749,252 174,957
2 Revenue/Income (Actual 06/30/23)
RPTTF amount should tie to the ROPS 22-23 total
distribution from the County Auditor-Controller
12,217 79,462 - 175,586 2,968,151
3 Expenditures for ROPS 22-23 Enforceable Obligations
(Actual 06/30/23)
- - 2,833,610 295,877 113,457
4 Retention of Available Cash Balance (Actual 06/30/23) RPTTF amount retained should only include the amounts
distributed as reserve for future period(s)
30,339 205,316 - 363,040 3,029,651
5 ROPS 22-23 RPTTF Prior Period Adjustment
RPTTF amount should tie to the Agency's ROPS 22-23 PPA
form submitted to the CAC
No entry required -
6 Ending Actual Available Cash Balance (06/30/23)
C to F = (1 + 2 - 3 - 4), G = (1 + 2 - 3 - 4 - 5)
$- $- $- $265,921 $-
Covina
Recognized Obligation Payment Schedule (ROPS 25-26) - Notes July 1, 2025 through June 30, 2026
Item # Notes/Comments
39 44
CC Regular Meeting
AGENDA ITEM REPORT
ITEM NO. CC 7
Meeting: January 21, 2025
Title: Award Minor Construction & Maintenance Services Agreement to Sky JTC Corporation (dba Sky Painting) for the Painting of the Fuel Station and Various Buildings at the Public Works Yard
Presented by: Rafael M. Fajardo, Director of Public Works/City Engineer Recommendation: Award Minor Construction & Maintenance Services Agreement for the Public Works Yard Fuel Station and Building Painting Project to Sky Painting in the amount of $76,590.00 and authorize the City Manager to execute the Agreement.
EXECUTIVE SUMMARY/BACKGROUND:
The City of Covina’s Fuel Station, located at the Public Works Yard, provides fuel for the entire City fleet, including that of the Covina Police Department. The fuel tanks, supplying unleaded gasoline and diesel, are housed beneath a metal roof, providing them with protection against inclement weather and overexposure from the sun. Approximately ten years have passed since the structure was last painted and the roof’s existing paint has become dry, cracked and peeling, thus exposing the raw metal beneath. As a result, the unpainted metal is increasingly exposed to harsh weather and potent gas fumes, resulting in noticeable damage, rust and degradation.
In addition to the Fuel Station roof, the City also finds it necessary to paint various Public Works’ buildings, including the Public Works Administration building, the Water, Streets and Emergency Operations Center building, and Facility Maintenance building, as well as storage bays that have not been painted for decades. The facades, including the storage bay roll-up doors, are deteriorating due to years of wear and tear and weather exposure. Painting of the Public Works’ Buildings and the Fuel Station will allow staff to maintain the integrity of the structures, extend their useful life and also provide an aesthetic upgrade in concert with other City facilities.
City staff is recommending to award a Minor Construction & Maintenance Service Agreement to Sky Painting for the Fuel Station Painting and Building Painting Project at the Public Works Yard in the amount of $29,600.00 and $46,990, respectively, for a total contract amount of $76,590.
DISCUSSION:
The Department of Public Works requested informal proposals from three (3) professional and licensed firms that are currently approved as On-Call Contractors for the Department of Public Works, the listing of which approved by City Council on June 4, 2024. The following proposal were received:
Rank Consultant Location Amount
1 Sky JTC Corporation (dba Sky Painting) Los Angeles, CA $76,590.00 2 Painting & Décor, Inc. Anaheim, CA $77,900.00
3 Siterep Construction Services, Inc. San Dimas, CA No Response Staff reviewed the proposals received as well as the consultants’ background for competency. Staff determined that Sky Painting is the successful low bidder based on similar projects completed for other private and public agencies, including the City of Covina in years past.
FISCAL IMPACT:
The Fiscal Year 2024-2025 Budget was approved and adopted at the June 4, 2024 City Council Meeting.
Sufficient funding is available within the FY24-25 operating budget’s Building Maintenance Fund (Account No. 70206100-52400).
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,
Released by Tiger Cho on Oct 28, 2024 Released
1027 S Park View St • Los Angeles, CA 90006-2017 • Phone: 2136747334 City of Covina - Parks & Recreation
Phone: 626-786-8256
Proposal for Gas Tank Awning Metal Painting
PROPOSAL SUBMITTED BY: Tiger Cho / Sky Pain�ng
DESCRIPTION OF WORK
The work will consist of all preparation, painting, finishing work, clean up, providing related materials and equipment necessary to complete exterior work described below
COLOR AND PRODUCT DESCRIPTION
• Color: Exis�ng Color
• Product: Dunn Edwards Paint
• Color Placement: Same as exis�ng
WORKMANSHIP
1. Trained experienced and skilled cra�sman shall perform all work associated with this contract.
2. All employees will be dressed iden�fying themselves as SKY Pain�ng employees. They shall be courteous and respec�ul.
3. All work shall be supervised by an experienced foreman. Our project managers work closely with supervisors and inspect work on regular basis.
4. SKY Pain�ng will provide the best quality workmanship performed by trade in skilled cra�sman in compliance with industry standard; “Pain�ng and Decora�ng Contractors of America Manual” Unless otherwise noted, PDCA Level 2 Standard Surface Prepara�on is applied. (Refer to PDCA P14)
5. Perform work under condi�ons best suited to the produc�on of acceptable work and as per manufacturer recommenda�ons.
6. Provide wet paint signs, barricades, and other devices required to protect newly finished surfaces. 1250 N. Hollenbeck Ave.,
Covina, CA 91722
Job Address:
534 N. Barranca Ave,
Covina, CA 91723
Print Date: 10-28-2024
Buildertrend https://buildertrend.net/app/share/8UslR5SD_FQ/LeadProposal/P... 1 of 4 10/28/2024, 4:34 PM
ATTACHMENT A
7. Furnish sufficient drop clothes, shields, and protec�ve equipment to prevent spray or spla�er from fouling surfaces not being painted.
8. The contractor shall at all-�me take the necessary steps to protect the public and all property from damage during the �me of work.
9. During the process of the work, safety shall be of the utmost important.
10. Clean-up: At the comple�on of work each day, remove all materials, supplies, debris and rubbish caused by Pain�ng Contractor and leave workspaces and paint storage in a clean, acceptable condi�on.
SURFACE PREPARATION
• Pressure wash surfaces to be painted u�lizing appropriate PSI so as not to damage the substrate. Where pressure washing is not possible, legal, or prac�cal, hand wash with detergent and water, sponge, or broom clean these areas to remove dirt and use TSP/bleach to kill any mildew. • Scrape and remove loose paint chips.
• A�er surfaces have been cleaned and allowed to dry, remove any loose or peeling paint using hand tools or power tools in accordance with SSPC-SP2 (Hand Tool Cleaning) and SSPS-SP3 (Power Tool Cleaning) Methods.
Feather-sand all repair edges and dust clean.
• Prime any rusted areas as needed.
• Keep all areas clean and free of debris.
SCOPE OF WORK
Exterior Systems
1) Commercial Grade (Epoxy)
Exclusions: Gas Tank, Bollards, Roof, Wrought Iron Gates, Railroad Side of the Wall 20230327_131003.jpg 20230327_131026.jpg 20230327_131051.jpg 20230327_131053.jpg Gas Tank Awning Metal Painting
Items Description
Commercial Grade (Epoxy) Structural Steel, Beams / Corrugated Ceiling and Fascia Panel Gas Tank Awning Metal Painting Total: $29,600.00
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Yard House Painting
TERMS OF CONTRACT
1. Delays and Extension of Time: If the progress of the Work is delayed by inclement weather, flood, earthquake, picketing, boycotts, shortage of materials, acts of public agencies, concealed conditions (as described in Paragraph 2 herein), or other causes beyond the reasonable control of Contractor, the Schedule shall be correspondingly extended and the Contract Sum shall be equitably adjusted to cover Contractor's direct and indirect costs associated with any such delay. This paragraph shall not be construed as limiting any adjustment to the Contract Sum provided for in Paragraph 2 herein.
2. Concealed Conditions: In the event that Contractor encounters adverse concealed conditions not disclosed in writing to Contractor, then the Contract Sum shall be equitably adjusted based upon the direct and indirect costs incurred by Contractor associated with the delay in the progress of the Work and/or the remediation of any such condition. Such concealed conditions include but are not limited to, utility lines, easements {whether public or private), land-use regulations, adverse soil conditions, hydrologic conditions, geologic conditions and hazardous waste or materials located in or about the Project. Contractor shall be under no obligation to remediate any such concealed conditions.
3. Destruction and damage: If the Project is destroyed or damaged for any reason, except where such destruction or damage was caused by the sole negligence of the Contractor or its subcontractors, Owner shall pay Contractor for any additional work done by Contractor in rebuilding or restoring the Project to its condition prior to such destruction or damage. If the estimated cost of replacing work already accomplished by Contractor exceeds 20 percent of the Contract price, either the Contractor or Owner may terminate this Contract. Upon termination by either party, Contractor shall be excused from further performance under this Contract and Owner shall pay Contractor a percentage of the Contract price in proportion to the amount of work accomplished prior to the destruction or damage.
4. Attorney’s fees and costs: If any party to this Contract brings a cause of action against the other party arising from or relating to this Contract, the prevailing party in such proceeding shall be entitled to recover reasonable attorney fees and court costs.
5. Terms and Conditions: If contractor commences litigation or employs attorneys in order to secure payment of any sums due to it from Customer; the Customer acknowledges that proper venue will be the city of Los Angeles, California and agrees to pay reasonable attorney's fee in addition to all other sums due. Customer agrees to notify Contractor in writing of any change in ownership to the Contractor in writing. The undersigned warrants that the above agreement has been carefully read and the Customer understands the same. Interest shall accrue in the amount of 1.5 % per month on the outstanding principal balance. (Per SEC.1719 CHAPTER 522, CALIFORNIA CIVIL CODE 1983. Any person that writes a check that is dishonored for lack of funds or a stop-payment, can be sued for three (3) times the amount of the check Or $500.00, whichever is greater. In addition to the face value of the check, court cost, attorney fees, and service cost can be included Sales are subject to approval by our installation and credit departments.Down Payment* (if any): *By California law, cannot exceed two hundred dollars ($200.00) or 2 percent of the contract price for swimming pool, or one thousand ($1 000.00) or 10 percent of the contract price for other home improvement excluding finance charges, whichever is the lesser. *If either the proposal and/or the acceptance of this proposal and Contract is made at other than the premises at which Contractor or owner normally carries on a business, then you, the Buyer, may cancel this transaction at any time prior to midnight of the third business day after the date of this transaction. *Business and Professional code 7159.1 & 7159.2 applies to this contract. A notice that failure of the contractor without lawful excuse to substantially commence work within 20 days from the approximate date specified in the contract when work will begin is a violation of the Contractor's License Law. *Contractors are required by law to be licensed and regulated by the Contractors State License Board. Any questions concerning a contractor may be referred to the registrar, Contractors State License Board, PO Box 26000, Sacramento, California.
6. Change Orders: A change order is a written instrument prepared by Owner, Contractor or Architect stating the agreement of Owner and Contractor upon a change in the Work, the amount of the adjustment in the Contract Sum and the extent of the adjustment in the Schedule. Contractor shall not be obligated to proceed with any change in the Work unless a proposed change order is signed by both Contractor and Owner. The owner shall not be liable for the work or amount of any change order unless it is in writing and is signed by Owner personally.
7. ARBITRATION OF DISPUTES: ANY DISPUTE BETWEEN OWNER AND CONTRACTOR RELATING TO THE PERFORMANCE OR INTERPRETATION OF THE
CONTRACT DOCUMENTS SHALL BE SUBJECT TO ARBITRATION, CONDUCTED UNDER THE CONSTRUCTION INDUSTRY RULES OF THE AMERICAN ARBITRATION ASSOCIATION IN EFFECT AT THE TIME OF THE COMMENCEMENT OF ARBITRATION. THE DECISION OF THE ARBITRATOR SHALL BE BINDING, AND JUDGMENT ON THE ARBITRATION AWARD MAY BE ENTERED IN A COURT OF COMPETENT JURISDICTION. IN ARBITRATION, THE PARTIES SHALL BE ENTITLED TO CONDUCT DISCOVERY PURSUANT TO THE CALIFORNIA CODE OF CIVIL PROCEDURE, UNDER THE SUPERVISION OF THE ARBITRATOR.
ARBITRATION OF DISPUTES
Items Description
Premium Paint Semi-Gloss
Full Exterior Painting Stucco, Fascia Boards, Doors, - Main 2 building, 1 Carport and 1 Shed Roll Up Doors DTM - Non-Epoxy (Architectural Grade)
Yard House Painting Total: $46,990.00
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NOTICE: BY INITIALING IN THE SPACE BELOW YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE "ARBITRATION OF DISPUTES" PROVISION DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OF JURY TRIAL. BY INITIALING IN THE SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE "ARBITRATION OF DISPUTES" PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE BUSINESS AND PROFESSIONS CODE OR OTHER APPLICABLE LAWS. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY.
WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUBMIT DISPUTES ARISING OUT OF THE MATTERS INCLUDED IN THE "ARBITRATION OF DISPUTES" PROVISION TO NEUTRAL ARBITRATION.
I confirm that my action here represents my electronic signature and is binding.
Signature:
Date:
Print Name:
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CITY OF COVINA AGREEMENT FOR
MINOR CONSTRUCTION AND MAINTENANCE SERVICES
This Agreement (“Agreement”) is dated January 21, 2025 (“Effective Date”) and is between the City of Covina, a California municipal corporation (“City”) and Sky JTC Corporation (dba Sky Painting) 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 Public Works Yard Fuel Station & Building Painting Project.
B. Contractor represents that it is fully qualified to perform such work by virtue of its experience and the training, education and expertise of its principals and employees.
C. City desires to retain Contractor and Contractor desires to serve City to perform this work in accordance with the terms and conditions of this Agreement.
The parties therefore agree as follows:
1. Term of Agreement. The term of this Agreement shall be from the Effective Date through 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 Seventy-Six Thousand Five Hundred Ninety Dollars ($76,590.00) payable in accordance with the Schedule of Payments, attached hereto and incorporated herein as Exhibit A (Scope of Work and Payment Schedule). Any terms other than a description of the work to be performed, costs of the work, or the payment schedule contained in Exhibit A is null and void and not a part of this Agreement.
B. Expenses. The amount set forth in paragraph A shall include reimbursement for all actual and necessary expenditures reasonably incurred in the performance of this Agreement.
C. Additional Services. City shall not allow any claims for additional services performed by Contractor, unless the City Council and the Contractor Representative authorize the additional services in writing prior to Contractor’s performance of the additional services or incurrence of additional expenses. Any additional services or expenses authorized by the City Council shall be compensated at the rates set forth in Exhibit A (Scope of Work and Payment Schedule), or, if not specified, at a rate mutually agreed to by the parties. City shall make payment for additional services and expenses in accordance with Section 4 of this Agreement.
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 Randy Lee, President (the “Contractor Representative”). The Contractor Representative shall directly manage Contractor’s Work under this Agreement. Contractor shall not change the Contractor Representative without City’s prior written consent.
C. Time for Performance. Contractor shall commence the Work on the Effective Date and shall perform all Work by the deadline established by the City Representative or, if no deadline is established, with reasonable diligence.
D. Standard of Performance. Contractor shall perform all Work under this Agreement in accordance with the standard of care generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to City.
E. Personnel. Contractor has, or will secure at its own expense, all personnel required to perform the Work required under this Agreement. All of the Work required under this Agreement shall be performed by Contractor or under its supervision, and all personnel engaged in the work shall be qualified to perform such Work. Contractor shall determine the means, methods, and details by which Contractor’s personnel will perform the Work under this Agreement. Contractor shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Work and compliance with the customary professional standards.
F. Compliance with Laws. The Contractor shall keep itself informed of all local, state and federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such ordinances, laws and regulations. The City and its agents shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this section. This Agreement may call for services that, in whole or in part, constitute “public works,” as defined in the California Labor Code. Therefore, as to those services that may be “public works”, including construction services. Contractor shall comply in all respects with all applicable provisions of the California Labor Code, including those set forth in Exhibit B.
G. Permits and Licenses. Contractor shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the provision of services under this Agreement, including a business license.
H. City Approval. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed subject to the approval of City or its authorized representatives, and the quality of the workmanship shall be guaranteed for one year from date of acceptance.
I. Performance and Labor and Material Bonds. Within ten (10) business days from the execution of this Agreement, Contractor shall provide the City with: (1) a Performance Bond, which shall be maintained until the end of the warranty period set forth in subsection O of this Section 3, to assure faithful performance of this Agreement in regard to the work required to be constructed pursuant to this Agreement in the amount of the Contract; and (2) a Labor and Materials Bond to secure payment to any contractor, subcontractor, persons renting equipment, or furnishing labor or materials for the work required to be constructed or installed pursuant to this Agreement in the additional amount of the Contract. The bonds shall be in substantially the form attached hereto as Exhibits C and D, incorporated herein by this reference, and approved by the City Attorney. The surety shall be a surety admitted in the State of California and approved by the City.
J. Contractor's Independent Investigation. No plea of ignorance of conditions that exist or that may hereafter exist or of conditions of difficulties that may be encountered in the execution of the work under this Contract, as a result of failure to make the necessary independent examinations and investigations, and no plea of reliance on initial investigations or reports prepared by City for purposes of letting this Contract out to proposal will be accepted as an excuse for any failure or omission on the part of the Contractor to fulfill in every detail all requirements of this Contract. Nor will such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time.
K. Contractor's Affidavit. After the completion of the Work contemplated by this Agreement, Contractor shall file with the City Manager his affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors on the Work have been paid in full, and that there are no claims outstanding against the project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California.
L. Utility Location. City acknowledges its responsibilities with respect to locating utility facilities pursuant to California Government Code Section 4215.
M. Regional Notification Centers. Contractor agrees to contact the appropriate regional notification center in accordance with Government Code Section 4215.
N. Inspection. The Work shall be subject to inspection and testing by City and its authorized representatives during manufacture and construction and all other times and places, including without limitation, the plans of Contractor and any of its suppliers. Contractor shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All
inspections and tests shall be performed in such manner as to not unduly delay the Work. The Work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the Work.
O. Warranty. Contractor shall guarantee or warranty the work done pursuant to this Agreement for a period of one year following acceptance thereof by City against any defective work or labor done or defective materials furnished.
P. Liquidated Damages; Extension Of Time. In accordance with Government Code Section 53069.85, Contractor agrees to forfeit and pay to City the sum of 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: Engineering Division Attn: Randy Lee
City of Covina Sky Painting
125 E. College Street 1027 S Park View Street
Covina, California 91723 Los Angeles, CA 900006-2017
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:
Sky JTC (dba Sky Painting),
a California corporation
By:
Name:
Title:
By:
Name:
Title:
(Two signatures of corporate officers required
for corporations under Corporations Code
Section 313, unless corporate documents
authorize only one person to sign this
Agreement on behalf of the corporation.)
EXHIBIT A
SCOPE OF WORK AND PAYMENT SCHEDULE
EXHIBIT B
CALIFORNIA LABOR CODE COMPLIANCE
(Labor Code §§ 1720 et seq., 1813, 1860, 1861, 3700)
If this Agreement calls for services that, in whole or in part, constitute “public works” as defined in the California Labor Code, then:
1. This Agreement is subject to the provisions of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works and the awarding public agency (“City”) and Contractor agrees to be bound by all the provisions thereof as though set forth in full herein.
2. Contractor shall be registered with the Department of Industrial Relations (“DIR”) in accordance with California Labor Code Section 1725.5 and has provided proof of registration to City prior to the Effective Date of this Agreement.
3. Contractor shall comply with the provisions of California Labor Code Sections 1771, 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The applicable prevailing wage determination(s) may be obtained at (http://www.dir.ca.gov/OPRL/DPreWageDetermination.htm), are on file with City, and are available to any interested party upon request. Contractor shall, as a penalty to City, forfeit not more than two-hundred dollars ($200) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for any public work done under this Agreement by Contractor or by any subcontractor.
4. Pursuant to California Labor Code Section 1771.4, Contractor’s services are subject to compliance monitoring and enforcement by the Department of Industrial Relations.
Contractor shall post job site notices as prescribed by DIR regulations and agrees to furnish the records specified in California Labor Code Section 1776 directly to the Labor Commissioner in the manner prescribed by California Labor Code Section 1771.4(a)(3) and (c)(2).
5. Contractor shall comply with the provisions of California Labor Code Section 1776 which, among other things, require Contractor and each subcontractor to: (1) keep accurate payroll records, (2) certify and make such payroll records available for inspection as provided by Section 1776, and (3) inform City of the location of the records. Contractor is responsible for compliance with Section 1776 by itself and all of its subcontractors.
6. Contractor shall comply with the provisions of California Labor Code Section 1777.5 concerning the employment of apprentices on public works projects, and further agrees that Contractor is responsible for compliance with Section 1777.5 by itself and all of its subcontractors.
7. Contractor shall comply with the provisions of California Labor Code Section 1813 concerning penalties for workers who work excess hours. Contractor shall, as a penalty to City, forfeit twenty-five dollars ($25) for each worker employed in the execution of this Agreement by Contractor or by any subcontractor for each calendar day during which such
worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the California Labor Code.
8. California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Contractor hereby certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this Agreement.”
Date _______________ Signature ____________________________________
EXHIBIT C
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS that:
WHEREAS the City of Covina (“City”), has awarded to
(“Principal”)
(Name and address of Contractor)
a contract (the “Contract”) for the Work described as follows:
Public Works Yard Fuel Station & Building Painting Project (Project Description/ Name)
WHEREAS, Principal is required under the terms of the Contract to furnish a Bond for the faithful performance of the Contract.
NOW, THEREFORE, we, the undersigned Principal, and
(Name and address of Surety)
(“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the City in the penal sum of Dollars ($ ), this
amount being not less than the total Contract Price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors executors and administrators, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the Contract and any alteration thereof made as therein provided, on the Principal’s part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surety hereby waives any statute of limitations as it applies to an action on this Bond.
The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or of the Work to be performed thereunder or the specifications
accompanying the same shall in anywise affect its obligations under this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the specifications. Surety hereby waives the provisions of California Civil Code Sections 2845 and 2849. The City is the principal beneficiary of this Bond and has all rights of a party hereto.
IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body.
Dated:
“Principal”
By:
Its
By:
Its
(Seal)
“Surety”
By:
Its
By:
Its
(Seal)
Note: This Bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. DATE OF BOND MUST NOT BE BEFORE DATE OF CONTRACT. IF CONTRACTOR IS A PARTNERSHIP, ALL PARTNERS MUST EXECUTE BOND. DATE OF BOND MUST NOT BE PRIOR TO DATE OF CONTRACT. Surety companies executing Bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located.
EXHIBIT D
PAYMENT BOND
(LABOR AND MATERIALS)
KNOW ALL PERSONS BY THESE PRESENTS that:
WHEREAS the City of Covina (“City”), State of California, has awarded to (“Principal”)
(Name and address of Contractor)
a contract (the “Contract”) for the Work described as follows:
Public Works Yard Fuel Station & Building Painting Project (Project Description/Name)
WHEREAS, under the terms of the Contract, the Principal is required before entering upon the performance of the Work, to file a good and sufficient payment Bond with the City to secure the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code.
NOW, THEREFORE, we, the undersigned Principal, and
(Name and address of Surety)
(“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the City and all contractors, subcontractors, laborers, material suppliers, and other persons employed in the performance of the Contract and referred to in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the penal sum of Dollars
($ ), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this Work or labor, that the Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this Bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by City in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.
It is hereby expressly stipulated and agreed that this Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this Bond.
Upon expiration of the time within which the California Labor Commissioner may serve a civil wage and penalty assessment against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1741, and upon expiration of the time within which a joint labor management committee may commence an action against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section
1771.2, if the condition of this Bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect.
The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract or the Specifications accompanying the same shall in any manner affect its obligations on this Bond, and it does hereby waive notice of any such change, extension, alteration or addition.
IN WITNESS WHEREOF, two (2) identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body.
Dated:
“Principal”
By:
Its
By:
Its
(Seal)
“Surety”
By:
Its
By:
Its
(Seal)
Note: This Bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. DATE OF BOND MUST NOT BE BEFORE DATE OF CONTRACT. IF CONTRACTOR IS A PARTNERSHIP, ALL PARTNERS MUST EXECUTE BOND. DATE OF BOND MUST NOT BE PRIOR TO DATE OF CONTRACT. Surety companies executing Bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located.
CC Regular Meeting
AGENDA ITEM REPORT
ITEM NO. CC 8
Meeting: January 21, 2025
Title: Cypress Reservoir Water Booster Improvements Project – Project No. W2503 – Award of Contract to Minako America Corporation for a not-to-exceed amount of $877,000 Presented by: Rafael M. Fajardo, Director of Public Works/City Engineer Recommendation: 1. Approve plans and specifications for the Cypress Reservoir Water Booster Improvements Project – Project No. W2503;
2. Award a contract for the Cypress Reservoir Water Booster Improvements Project to Minako America Corporation as the lowest responsive and responsible bidder for a notto-exceed amount of $877,000 and authorize the City Manager to execute the contract;
3. Authorize a 10% contingency amount of $87,700 for any unforeseen construction expenses;
4. Approve a Professional Services Agreement (PSA) between the City of Covina and Siterep Construction Services, Inc for Inspection Services for a not-to-exceed amount of $75,600 and authorize the City Manager to execute the PSA; and
5. Adopt Resolution CC 2025-01 appropriating $240,300 from Water CIP Fund – Fund Balance for use toward the Cypress Reservoir Water Booster Improvements Project – Project No. W2503.
EXECUTIVE SUMMARY/BACKGROUND:
As part of the City’s Fiscal Year 2024-2025 Capital Improvement Program, the City Council approved the Cypress Reservoir Water Booster Improvements Project, which encompasses the following:
Demolition, removal and disposal of an existing concrete retaining wall, wrought iron fencing, footings, vegetation, electrical building generator connection cabinet and electrical components Construction of a new drop inlet with piping connections, concrete retaining wall, wrought iron fence footings, and asphalt and concrete repair
Installation of new concrete slabs for generator and motor control center Installation of various electrical equipment components, per plan Installation of SCADA communication components
Pressure testing, disinfection, and start-up tests
Following a public bidding process, it has been determined that the lowest responsive and responsible bidder for the project is Minako America Corporation. As such, it is recommended that a contract be awarded for the Cypress Reservoir Water Booster Improvements Project to Minako America Corporation as the lowest responsive and responsible bidder in an amount not-to-exceed $877,000 and authorize the City Manager to execute the contract.
DISCUSSION:
A Notice Inviting Bids was published in the San Gabriel Valley Examiner on Thursday, November 7th, November 14th, November 21st, and November 28th, 2024. Sealed bids were accepted in the Office of the City Clerk until 10:00 am on Tuesday, December 10, 2024. Beginning at 10:00 a.m. on December 10, 2024, two bids were publicly opened and read aloud with the following results:
RANK BIDDER LOCATION TOTAL BID AMOUNT
1 Minako America Corporation Gardena, CA $877,000
2 Leddy Power Systems, Inc. Moorpark, CA $889,288
Staff has reviewed all bid documents for compliance and evaluated the contractors’ professional backgrounds and recently completed projects for competency. As a result, staff recommends a contract award to the lowest responsive and responsible bidder, Minako America Corporation, given that this firm has completed numerous water main replacement projects for several public agencies in Southern California including Covina.
FISCAL IMPACT:
The Cypress Reservoir Water Booster Improvements Project – Project No. W2503 was included in the FY 2024- 2025 CIP Budget with an original allocation of $800,000. Adoption of Resolution CC 2025-01 will appropriate an additional $240,300. Funding sources allocated for the Cypress Reservoir Water Booster Improvements Project – Project No. W2503 as well as associated project expenses are as follows:
PROJECT FUNDING
FUND ALLOCATION ACCOUNT
Water CIP Fund $1,040,300 6011-5080-55410-W2503
Total Allocation $1,040,300
PROJECT EXPENSES
DESCRIPTION AMOUNT
Contract Amount (Minako America Corporation) $ 877,000.00 Contingency Allowance $ 87,700.00
Total Contract Amount $964,700.00
Siterep Construction Services, Inc. (Construction Inspection Services) $75,600.00 Total Fiscal Impact $1,040,300.00
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
RESOLUTION CC 2025-01
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COVINA, CALIFORNIA, TO AMEND THE FISCAL YEAR 2024/2025 CAPITAL
IMPROVEMENT PROGRAM BUDGET AND INCREASE FUNDING FOR
THE CYPRESS RESERVOIR WATER BOOSTER IMPROVEMENTS
PROJECT – PROJECT NO. W2503 FROM AVAILABLE WATER
CAPITAL IMPROVEMENT FUND – FUND BALANCE IN THE AMOUNT
OF $240,300.00
WHEREAS, the City of Covina is a municipal corporation duly organized and existing pursuant to the Constitution and laws of the State of California (“City”); and WHEREAS, the Fiscal Year 2025 Operating Budget & Capital Improvement Plan (CIP) was approved on June 4, 2024; and
WHEREAS, the approved Operating Budget and Capital Improvement Plan (CIP) is in accordance with all applicable ordinances of the City and all applicable statutes of the State; and WHEREAS, the City of Covina wishes to amend the 2024/2025 Capital Improvement Program Budget to appropriate additional funding for the Cypress Reservoir Water Booster Improvements Project – Project No. W2503.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COVINA, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Amend the Fiscal Year 2024/2025 Capital Improvement Program Budget for the Cypress Reservoir Water Booster Improvements Project – Project No. W2503.
SECTION 2. Appropriate $240,300.00 from available Water Capital Improvement Fund – Fund Balance for use in the Cypress Reservoir Water Booster Improvements Project – Project No. W2503:
Account No. Account Description Amount ($) Increase/Decrease 6011-5060-
55410-
W2503
Water CIP-Production-Water
Distribution System-Cypress
Reservoir Water Booster
Improvements Project
$240,300.00 Increase
SECTION 3. The City Clerk shall certify to the passage and adoption of this resolution and shall enter the same in the Book of Original Resolutions.
APPROVED and PASSED this 21st day of January, 2025.
Resolution CC 2025-01 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 2025-01 was duly adopted by the City Council of the City of Covina at a regular meeting held on the 21st day of January, 2025, 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
PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement (“Agreement”) is dated January 21, 2025 (“Effective Date”) and is between the City of Covina, a California municipal corporation (“City”) and Siterep Construction Services, Inc., a California corporation (“Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.
RECITALS
A. City desires to utilize the services of Consultant as an independent contractor for inspection services on the Cypress Reservoir Water Booster Improvements Project – Project No.
W2503.
B. Consultant represents that it is fully qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees.
C. City desires to retain Consultant and Consultant desires to serve City to perform these services in accordance with the terms and conditions of this Agreement.
The parties therefore agree as follows:
1. Term of Agreement. The term of this Agreement shall be from the Effective Date through December 31, 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 Seventy-Five Thousand Six Hundred Dollars ($75,600) (the “maximum compensation”), based on the hourly rates set forth in the Approved Fee Schedule, attached hereto as Exhibit A. Any terms in Exhibit A, other than the payment rates and
B. Expenses. The amount set forth in paragraph A shall include reimbursement for all actual and necessary expenditures reasonably incurred in the performance of this Agreement.
C. Additional Services. City shall not allow any claims for additional services performed by Consultant, unless the City Council and the Consultant Representative authorize the additional services in writing prior to Consultant’s performance of the additional services or incurrence of additional expenses. Any additional services or expenses authorized by the City Council shall be compensated at the rates set forth in Exhibit A, or, if not specified, at a rate mutually agreed to by the parties. City shall make payment for additional services and expenses in accordance with Section 4 of this Agreement.
3. Consultant’s Services.
A. Scope of Services. Consultant shall perform the services described in the Scope of Services, attached as Exhibit B. City may request, in writing, changes in the scope of services to be performed. Any changes mutually agreed upon by the parties, and any increase or decrease in compensation, shall be incorporated by written amendments to this Agreement.
ATTACHMENT C
B. Party Representatives. For the purposes of this Agreement, the City Representative shall be the City Manager, or such other person designated in writing by the City Manager (the “City Representative”). For the purposes of this Agreement, the Consultant Representative shall be Andre Ortiz, President (the “Consultant Representative”). The Consultant Representative shall directly manage Consultant’s services under this Agreement. Consultant shall not change the Consultant Representative without City’s prior written consent.
C. Time for Performance. Consultant shall commence the services on the Effective Date and shall perform all services by the deadline established by the City Representative or, if no deadline is established, with reasonable diligence.
D. Standard of Performance. Consultant shall perform all services under this Agreement in accordance with the standard of care generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to City.
E. Personnel. Consultant has, or will secure at its own expense, all personnel required to perform the services required under this Agreement. All of the services required under this Agreement shall be performed by Consultant or under its supervision, and all personnel engaged in the work shall be qualified to perform such services. Consultant shall determine the means, methods, and details by which Consultant’s personnel will perform the services under this Agreement. Consultant shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the services and compliance with the customary professional standards.
F. Compliance with Laws. The Consultant shall keep itself informed of all local, state and federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City and its agents shall not be liable at law or in equity occasioned by failure of the Consultant to comply with G. Permits and Licenses. Consultant shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the provision of services under this Agreement, including a business license.
4. Method of Payment.
A. Invoices. Consultant shall submit to City an invoice, on a monthly basis or less frequently, for actual services performed pursuant to this Agreement. Each invoice shall itemize the services rendered during the billing period, hourly rates charged, if applicable, and the amount due. If City disputes any of Consultant's fees, it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice.
B. Payment. City shall pay all undisputed invoice amounts within thirty (30) calendar days after receipt up to the maximum compensation set forth in Section 2 of this Agreement. City shall not withhold federal payroll, state payroll or other taxes, or other similar deductions, from payments made to Consultant. For all reimbursements authorized by this Agreement, Consultant shall provide receipts on all reimbursable expenses in excess of Fifty Dollars ($50) in such form as approved by the Administrative Services Director.
C. Audit of Records. Consultant shall make all records, invoices, time cards, cost control sheets and other records maintained by Consultant in connection with this agreement available during Consultant’s regular working hours to City for review and audit by City.
5. Ownership of Documents. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed (“written products”) pursuant to this Agreement shall become the sole property of the City without restriction or limitation upon its use and may be used, reused, disseminated or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. Consultant may take and retain copies of the written products as desired, but the written products shall not be the subject of a copyright application by Consultant.
6. Independent Contractor.
A. Consultant is, and shall at all times remain as to City, a wholly independent contractor and not an employee of City. The personnel performing the services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant's exclusive direction and control. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant’s employees. Consultant shall not, at any time, or in any manner, represent that it or any of its officers, agents or employees are in any manner employees of City. Consultant and Consultant’s personnel shall not supervise any of City’s employees; and City’s employees shall not supervise Consultant’s personnel. Consultant’s personnel shall not wear or display any City uniform, badge, identification number, or other information identifying such individual as an employee of City; and Consultant’s personnel shall not use any City e-mail address or City telephone number in the performance of any of the services under this Agreement. Consultant shall acquire and maintain, at its sole cost and expense, such vehicles, equipment, and supplies as Consultant’s personnel require to perform any of the services required by this Agreement. Consultant shall perform the services off of City premises at locations of Consultant’s choice, except as otherwise may from time to time be necessary in order for Consultant’s personnel to receive projects from City, review plans on file at City, pick up or deliver any work product related to Consultant’s performance of the services under this Agreement, or as may be necessary to inspect or visit City locations and/or private property to perform the services.
City may make a computer available to Consultant from time to time for Consultant’s personnel to obtain information about or to check on the status of projects pertaining to the services under this Agreement.
B. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. Consultant shall be responsible for and pay all wages, salaries, benefits and other amounts due to Consultant’s personnel in connection with their performance of the services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such
additional personnel, including, but not limited to: Social Security taxes, other retirement or pension benefits, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. Notwithstanding any other agency, state, or federal policy, rule, regulation, statute or ordinance to the contrary, Consultant and any of its officers, employees, agents, and subcontractors providing any of the services under this Agreement shall not become entitled to, and hereby waive any claims to, any wages, salaries, compensation, benefit or any incident of employment by City, including, but not limited to, eligibility to enroll in, or reinstate to membership in, the California Public Employees Retirement System (“PERS”) as an employee of City, and entitlement to any contribution to be paid by City for employer contributions or employee contributions for PERS benefits.
C. Consultant shall indemnify and hold harmless City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs, and expenses of any nature to the extent arising from, caused by, or relating to Consultant’s personnel practices. or to the extent arising from, caused by, or relating to the violation of any of the provisions of this Section
6. In addition to all other remedies available under law, City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this Section 6. This duty of indemnification is in addition to Consultant’s duty to defend, indemnify, and hold harmless as set forth in any other provision of this Agreement.
7. PERS Compliance and Indemnification.
A. General Requirements. The parties acknowledge that City is a local agency member of PERS, and as such has certain pension reporting and contribution obligations to PERS on behalf of qualifying employees. Consultant agrees that, in providing its employees and any other personnel to City to perform the services under this Agreement, Consultant shall assure compliance with the Public Employees’ Retirement Law, commencing at Government Code Section 20000, the regulations of PERS, and the Public Employees’ Pension Reform Act of 2013, as amended. Without limitation to the foregoing, Consultant shall assure compliance with regard to personnel who have active or inactive membership in PERS and to those who are retired annuitants and in performing this Agreement shall not assign or utilize any of its personnel in a manner that will cause City to be in violation of the applicable retirement laws and regulations.
B. Indemnification. Consultant shall defend (with legal counsel approved by City, whose approval shall not be unreasonably withheld), indemnify, and hold harmless City, and its City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs, and expenses of any nature to the extent arising from, caused by, or relating to Consultant’s violation of any provisions of this Section 7. This duty of indemnification is in addition to Consultant’s duty to defend, indemnify, and hold harmless as set forth in any other provision of this Agreement.
8. Confidentiality. All data, documents, discussion, or other information (collectively “data”) developed or received by Consultant or provided for performance of this Agreement are deemed confidential. Consultant shall keep all data confidential and shall not disclose any data to any person or entity without City’s prior written consent. City shall grant such consent if
disclosure is legally required. Consultant shall return all data to City upon the expiration or termination of this Agreement. Consultant’s covenant under this Section 8 shall survive the expiration or termination of this Agreement.
9. Conflicts of Interest. Consultant and its officers, employees, associates and subcontractors, if any, shall comply with all conflict of interest statutes of the State of California applicable to Consultant’s services under this Agreement, including the Political Reform Act (Gov.
Code, § 81000 et seq.) and Government Code Section 1090. During the term of this Agreement, Consultant may perform similar services for other clients, but Consultant and its officers, employees, associates and subcontractors shall not, without the City Representative’s prior written approval, perform work for another person or entity for whom Consultant is not currently performing work that would require Consultant or one of its officers, employees, associates or subcontractors to abstain from a decision under this Agreement pursuant to a conflict of interest statute. Consultant shall incorporate a clause substantially similar to this Section 9 into any subcontract that Consultant executes in connection with the performance of this Agreement.
10. Indemnification.
A. Indemnities for Third Party Claims.
1) To the fullest extent permitted by law, Consultant shall, at its sole cost and expense, defend, hold harmless and indemnify City and its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively “Indemnitees”), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens and losses of any nature whatsoever, including fees of accountants, attorneys or other professionals, and all costs associated therewith, and the payment of all consequential damages (collectively “Liabilities”), in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant, its officers, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the parties. Consultant shall defend the Indemnitees in any action or actions filed in connection with any Liability with counsel of the Indemnitees’ choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs actually incurred in connection with such defense. Consultant shall reimburse the Indemnitees for any and all legal expenses and costs incurred by Indemnitees in connection therewith. 2) Consultant shall pay all required taxes on amounts paid to Consultant under this Agreement, and indemnify and hold City harmless from any and all taxes, assessments, penalties and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Consultant shall fully comply with the workers’ compensation law regarding Consultant and Consultant’s employees. Consultant shall indemnify and hold City harmless from any failure of Consultant to comply with applicable workers’ compensation laws.
City may offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this Subparagraph A. 2).
3) Consultant shall obtain executed indemnity agreements with provisions identical to those in this Section 10 from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. If Consultant fails to obtain such indemnity obligations, Consultant shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Liabilities in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant’s subcontractor, its officers, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that Consultant’s subcontractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the parties.
B. Workers’ Compensation Acts not Limiting. Consultant’s indemnifications and obligations under this Section 10, or any other provision of this Agreement, shall not be limited by the provisions of any workers’ compensation act or similar act. Consultant expressly waives its statutory immunity under such statutes or laws as to City, its officers, agents, employees and volunteers.
C. Insurance Requirements not Limiting. City does not, and shall not, waive any rights that it may possess against Consultant because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. The indemnities in this Section 10 shall apply regardless of whether or not any insurance policies are determined to be applicable to the Liability, tax, assessment, penalty or interest asserted against City.
D. Survival of Terms. Consultant’s indemnifications and obligations under this Section 10 shall survive the expiration or termination of this Agreement.
11. Insurance.
A. Minimum Scope and Limits of Insurance. Consultant shall procure and at all times during the term of this Agreement carry, maintain, and keep in full force and effect, insurance as follows:
1) Commercial General Liability Insurance with a minimum limit of Two Million Dollars ($2,000,000) per occurrence for bodily injury, personal injury and property damage and a general aggregate limit of Four Million Dollars ($4,000,000) per project or location.
If Consultant is a limited liability company, the commercial general liability coverage shall be amended so that Consultant and its managers, affiliates, employees, agents and other persons necessary or incidental to its operation are insureds.
2) Automobile Liability Insurance for any owned, non-owned or hired vehicle used in connection with the performance of this Agreement with a combined single limit of Two Million Dollars ($2,000,000) per accident for bodily injury and property damage. If Consultant does not use any owned, non-owned or hired vehicles in the performance of services under this Agreement, Consultant shall obtain a non-owned auto endorsement to the Commercial General Liability policy required under Subparagraph A. 1) of this Section 11.
3) Workers’ Compensation Insurance as required by the State of California and Employer’s Liability Insurance with a minimum limit of One Million Dollars ($1,000,000) per accident for bodily injury or disease. If Consultant has no employees while performing services under this Agreement, workers’ compensation policy is not required, but Consultant shall provide an executed declaration that it has no employees. 4) Professional Liability Insurance with minimum limits of Two Million Dollars ($2,000,000) per claim and in aggregate.
B. Acceptability of Insurers. The insurance policies required under this Section 11 shall be issued by an insurer admitted to write insurance in the State of California with a rating of A:VII or better in the latest edition of the A.M. Best Insurance Rating Guide. Self-insurance shall not be considered to comply with the insurance requirements under this Section 11.
C. Additional Insured. The commercial general and automobile liability policies shall contain an endorsement naming the City, its officers, employees, agents and volunteers as additional insureds.
D. Primary and Non-Contributing. The insurance policies required under this Section 11 shall apply on a primary non-contributing basis in relation to any other insurance or selfinsurance available to City. Any insurance or self-insurance maintained by City, its officers, employees, agents or volunteers, shall be in excess of Consultant’s insurance and shall not contribute with it.
E. Consultant’s Waiver of Subrogation. The insurance policies required under this Section 11 shall not prohibit Consultant and Consultant’s employees, agents or subcontractors from waiving the right of subrogation prior to a loss. Consultant hereby waives all rights of subrogation against City.
F. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be approved by City. At City’s option, Consultant shall either reduce or eliminate the deductibles or self-insured retentions with respect to City, or Consultant shall procure a bond guaranteeing payment of losses and expenses.
G. Cancellations or Modifications to Coverage. Consultant shall not cancel, reduce or otherwise modify the insurance policies required by this Section 11 during the term of this Agreement. The commercial general and automobile liability policies required under this Agreement shall be endorsed to state that should the issuing insurer cancel the policy before the expiration date, the issuing insurer will endeavor to mail thirty (30) calendar days’ prior written notice to City. If any insurance policy required under this Section 11 is canceled or reduced in coverage or limits, Consultant shall, within two (2) business days of notice from the insurer, phone, fax or notify City via certified mail, return receipt requested, of the cancellation of or changes to the policy.
H. City Remedy for Noncompliance. If Consultant does not maintain the policies of insurance required under this Section 11 in full force and effect during the term of this Agreement, or in the event any of Consultant’s policies do not comply with the requirements under this Section 11, City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may, but has no duty to, take out the necessary insurance and pay, at
Consultant’s expense, the premium thereon. Consultant shall promptly reimburse City for any premium paid by City or City may withhold amounts sufficient to pay the premiums from payments due to Consultant.
I. Evidence of Insurance. Prior to the performance of services under this Agreement, Consultant shall furnish City’s Risk Manager with a certificate or certificates of insurance and all original endorsements evidencing and effecting the coverages required under this Section 11. The endorsements are subject to City’s approval. Consultant may provide complete, certified copies of all required insurance policies to City. Consultant shall maintain current endorsements on file with City’s Risk Manager. Consultant shall provide proof to City’s Risk Manager that insurance policies expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Consultant shall furnish such proof at least two (2) weeks prior to the expiration of the coverages.
J. Indemnity Requirements not Limiting. Procurement of insurance by Consultant shall not be construed as a limitation of Consultant’s liability or as full performance of Consultant’s duty to indemnify City under Section 10 of this Agreement.
K. Subcontractor Insurance Requirements. Consultant shall require each of its subcontractors that perform services under this Agreement to maintain insurance coverage that meets all of the requirements of this Section 11.
12. Mutual Cooperation.
A. City’s Cooperation. City shall provide Consultant with all pertinent data, documents and other requested information as is reasonably available for Consultant’s proper performance of the services required under this Agreement.
B. Consultant’s Cooperation. In the event any claim or action is brought against the City relating to Consultant’s performance or services rendered under this Agreement, Consultant shall render any reasonable assistance that City requires.
13. Records and Inspections. Consultant shall maintain full and accurate records with respect to all matters covered under this Agreement for a period of five (5) years. Consultant shall, without charge, provide City with access to the records during normal business hours. City may examine and audit the records and make transcripts therefrom, and inspect all program data, documents, proceedings and activities.
14. Termination or Suspension of Agreement.
A. Right to Terminate or Suspend. City may terminate or suspend this Agreement at any time, at will, for any reason or no reason, after giving written notice to Consultant at least seven (7) calendar days before the termination or suspension is to be effective. Consultant may terminate this Agreement at any time, at will, for any reason or no reason, after giving written notice to City at least sixty (60) calendar days before the termination is to be effective.
B. Obligations upon Termination. Consultant shall cease all work under this Agreement on or before the effective date of termination specified in the notice of termination. In the event of City’s termination of this Agreement due to no fault or failure of performance by
Consultant, City shall pay Consultant based on the percentage of work satisfactorily performed up to the effective date of termination. In no event shall Consultant be entitled to receive more than the amount that would be paid to Consultant for the full performance of the services required by this Agreement.
15. Force Majeure. Consultant shall not be liable for any failure to perform its obligations under this Agreement if Consultant presents acceptable evidence, in City’s sole judgment, that such failure was due to strikes, lockouts, labor disputes, embargoes, acts of God, inability to obtain labor or materials or reasonable substitutes for labor or materials, governmental restrictions, governmental regulations, governmental controls, judicial orders, enemy or hostile governmental action, civil commotion, fire or other casualty, or other causes beyond Consultant’s reasonable control and not due to any act by Consultant.
16. Notices. Any notices, consents, requests, demands, bills, invoices, reports or other communications which either party may desire to give to the other party under this Agreement must be in writing and conclusively deemed effective: (a) on personal delivery, (b) on confirmed delivery by reputable document delivery service or courier service during Consultant’s and City's regular business hours, or (c) five business days after deposit in the United States mail, by first class mail, postage prepaid, and addressed to the party to be notified as set forth below:
If to City: If to Consultant:
Attn: Public Works, Engineering Attn: Andre Ortiz
City of Covina Siterep Construction Services, Inc.
125 E. College Street 301 E. Arrow Highway, Suite 105
Covina, California 91723 San Dimas, CA 91773
17. Non-Discrimination and Equal Employment Opportunity. In the performance of this Agreement, Consultant shall not discriminate against any employee, subcontractor or applicant for employment because of race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information, sexual orientation or other basis prohibited by law.
Consultant will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment, without regard to their race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information or sexual orientation.
18. Prohibition of Assignment and Delegation. Consultant shall not assign any of its rights or delegate any of its duties under this Agreement, either in whole or in part, without City’s prior written consent. City’s consent to an assignment of rights under this Agreement shall not release Consultant from any of its obligations or alter any of its primary obligations to be performed under this Agreement. Any attempted assignment or delegation in violation of this Section 18 shall be void and of no effect and shall entitle City to terminate this Agreement. As used in this Section 18, “assignment” and “delegation” means any sale, gift, pledge, hypothecation, encumbrance or other transfer of all or any portion of the rights, obligations, or liabilities in or arising from this Agreement to any person or entity, whether by operation of law or otherwise, and regardless of the legal form of the transaction in which the attempted transfer occurs.
19. No Third-Party Beneficiaries Intended. Except as otherwise provided in Section 10, this Agreement is made solely for the benefit of the parties to this Agreement and their respective successors and assigns, and no other person or entity may have or acquire a right by virtue of this Agreement.
20. Waiver. No delay or omission to exercise any right, power or remedy accruing to City under this Agreement shall impair any right, power or remedy of City, nor shall it be construed as a waiver of, or consent to, any breach or default. No waiver of any breach, any failure of a condition, or any right or remedy under this Agreement shall be (1) effective unless it is in writing and signed by the party making the waiver, (2) deemed to be a waiver of, or consent to, any other breach, failure of a condition, or right or remedy, or (3) deemed to constitute a continuing waiver unless the writing expressly so states.
21. Exhibits. Exhibits A, & B constitute a part of this Agreement and are incorporated into this Agreement by this reference. If any inconsistency exists or arises between a provision of this Agreement and a provision of any exhibit, the provisions of this Agreement shall control.
22. Entire Agreement. This Agreement and all exhibits referred to in this Agreement constitute the final, complete and exclusive statement of the terms of the agreement between the parties pertaining to the subject matter of this Agreement and supersede all other prior or contemporaneous oral or written understandings and agreements of the parties. No party has been induced to enter into this Agreement by, nor is any party relying on, any representation or warranty except those expressly set forth in this Agreement.
23. Amendment of Agreement. This Agreement may be amended only by a writing signed by both parties. The City Manager is authorized to sign an amendment to this Agreement on the City Council’s behalf and without the City Council’s prior approval to make the following nonsubstantive modifications to the Agreement: (a) name changes; (b) extensions of time; (c) nonmonetary changes in the scope of work; and (d) termination of the Agreement.
24. Headings. The headings in this Agreement are included solely for convenience of reference and shall not affect the interpretation of any provision of this Agreement or any of the rights or obligations of the parties to this Agreement.
25. Word Usage. Unless the context clearly requires otherwise, (a) the words “shall,” “will” and “agrees” are mandatory and “may” is permissive; (b) “or” is not exclusive; and (c) “includes” or “including” are not limiting.
26. Time of the Essence. Time is of the essence in respect to all provisions of this Agreement that specify a time for performance; provided, however, that the foregoing shall not be construed to limit or deprive a party of the benefits of any grace or use period allowed in this Agreement.
27. Governing Law and Choice of Forum. This Agreement, and any dispute arising from the relationship between the parties to this Agreement, shall be governed by and construed in accordance with the laws of the State of California, except that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be applied in interpreting this Agreement. Any dispute that arises under or relates to this Agreement (whether contract, tort or both) shall be resolved in a municipal, superior or federal court with geographic jurisdiction over the City of Covina.
28. Attorneys’ Fees. In any litigation or other proceeding by which on party seeks to enforce its rights under this Agreement (whether in contract, tort or both) or seeks a declaration of any rights or obligations under this Agreement, the prevailing party shall be shall be awarded reasonable attorneys’ fees together with any costs and expenses, to resolve the dispute and to enforce the final judgment.
29. Severability. If a court of competent jurisdiction holds any provision of this Agreement to be illegal, invalid or unenforceable for any reason, the validity of and enforceability of the remaining provisions of this Agreement shall not be affected and continue in full force and effect.
30. Authority to Execute Agreement. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder.
[SIGNATURE PAGE FOLLOWS]
The parties, through their duly authorized representatives, are signing this Agreement on the date stated in the introductory clause.
City:
City of Covina,
a California municipal corporation
By:
Name:
Title:
ATTEST:
By:
Name: Fabian Velez
Title: Chief Deputy City Clerk
Consultant:
Siterep Construction Services, Inc.
a California corporation
By:
Name: Andre Ortiz
Title: President
By:
Name: Andre Ortiz
Title: Secretary
(Two signatures of corporate officers required
for corporations under Corporations Code
Section 313, unless corporate documents
authorize only one person to sign this
Agreement on behalf of the corporation.)
EXHIBIT A
APPROVED FEE SCHEDULE
Attachment 2 – PROPOSED FEE
ITEM DESCRIPTION Unit RATE SUBTOTAL
1 Field Observer – Cypress Reservoir Water Booster Improvements 1 LS $75,600.00 $ 75,600.00 TOTAL $ 75,600.00
EXHIBIT B
SCOPE OF SERVICE
December 19, 2024
City of Covina
Rafael Fajardo
City Engineer
125 East College St.
Covina, CA 91723
RE: Cypress Reservoir Water Booster Improvements
Dear Mr. Fajardo,
Thank you for allowing Siterep Construction Services, Inc. the opportunity to provide this proposal for inspection services related to the above-mentioned project. Siterep is prepared to allocate its resources to assist the City of Covina in ensuring the work is in conformance with all local and regional standards.
Siterep’s key personnel have over 30 years of field experience in public works project construction and inspections throughout Southern California.
Siterep will provide inspection services per the attached exhibits:
• Attachment 1 – Scope of Work
• Attachment 2 – Proposed Fee
If selected for this project, Siterep looks forward to the opportunity of working with you to deliver a successful project on time and of the utmost quality for the residents of Covina.
Please feel free to contact us if you have any questions regarding our proposal or to arrange an interview.
Sincerely,
Andre Ortiz
President
Siterep Construction Services, Inc.
Attachment 1 – Scope of Work
Siterep will provide inspection services for the Cypress Reservoir Water Booster Improvements as indicated in the plans and specifications.
1. Perform QA monitoring on a periodic basis over a 90 working day period.
2. Surveillances of contractor’s operations to assure compliance with local and regional standards as outlined in the project documents.
3. Attend regularly scheduled progress meetings with contractor to discuss solutions to potential field issues.
Exclusions:
1. Sampling/Testing
2. Overtime
3. Night Work
ATTACHMENT D
CONTRACT
CITY OF COVINA CONTRACT FOR
CYPRESS RESERVOIR WATER BOOSTER IMPROVEMENTS
PROJECT – PROJECT NO. W2503
THIS CONTRACT (“Contract”) is made and entered this 21st day of January (“Effective Date”), by and between the CITY OF COVINA, a California municipal corporation (“City”) and Minako America Corporation, dba Minco Construction a California corporation (“Contractor”).
Contractor’s California State Contractor’s license number is 612429; Class A,B, C-7, C-10.
Contractor’s DIR registration number is 1000002728.
In consideration of the mutual covenants hereinafter set forth, the parties hereto agree as follows:
1. Contract Documents. The Contract Documents consist of this Contract, the Notice Inviting Bids, Instructions to Bidders, Bid (including documentation accompanying the Bid and any postBid documentation submitted before the Notice of Award), the Bonds, permits from regulatory agencies with jurisdiction, General Provisions, Special Provisions, Plans, Standard Plans, Standard Specifications, Reference Specifications, Addenda, Change Orders, and Supplemental Agreements. The Contract Documents are attached hereto and incorporated herein by reference.
In the event of any conflict between the terms of this Contract and any incorporated documents, the terms of this Contract shall control.
2. Scope of Services. Contractor shall perform the Work in a good and workmanlike manner for the project identified as CYPRESS RESERVOIR WATER BOOSTER IMPROVEMENTS PROJECT – PROJECT NO. W2503 (“Project”), as described in this Contract and in the Contract Documents.
3. Compensation. In consideration of the services rendered hereunder, City shall pay Contractor an amount not to exceed EIGHT HUNDRED AND SEVENTY-SEVEN THOUSAND Dollars ($877,000) in accordance with the prices as submitted in the Bid, attached hereto as Exhibit “A” and incorporated herein by this reference.
4. Incorporation by Reference. All of the following documents are attached hereto and incorporated herein by this reference: Workers’ Compensation Certificate of Insurance, Additional Insured Endorsement (Comprehensive General Liability), Additional Insured Endorsement (Automobile Liability), and Additional Insured Endorsement (Excess Liability).
5. Antitrust Claims. In entering into this Contract, Contractor offers and agrees to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. § 15) or under the Cartwright Act (Cal. Bus. & Prof. Code, § 16700 et seq.) arising from purchases of goods, services, or materials pursuant to the Contract. This assignment shall be made and become effective at the time City tenders final payment to Contractor without further acknowledgment by the parties.
6. Prevailing Wages. City and Contractor acknowledge that the Project is a public work to which prevailing wages apply.
7. Workers’ Compensation. California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In
accordance with the provisions of California Labor Code Section 1861, by signing this Contract, the Contractor certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Contract.”
8. Trenches and Other Excavations. If this Project involves the digging trenches or other excavations that will extend deeper than four (4) feet below the surface, Contractor shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: (1) material that Contractor believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law; (2) subsurface or latent physical conditions at the site differing from those indicated by information about the site made available to proposers prior to the deadline for submitting proposals; and (3) unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Contract.
9. Titles. The titles used in this Contract are for convenience only and shall in no way define, limit or describe the scope or intent of this Contract or any part of it.
10. Authority. Any person executing this Contract on behalf of Contractor warrants and represents that he or she has the authority to execute this Contract on behalf of Contractor and has the authority to bind Contractor to the performance of its obligations hereunder.
11. Entire Agreement. This Contract, including the Contract Documents and any other documents incorporated herein by specific reference, represents the entire and integrated agreement between City and Contractor. This Contract supersedes all prior oral or written negotiations, representations or agreements. This Contract may not be modified or amended, nor any provision or breach waived, except in a writing signed by both parties that expressly refers to this Contract.
12. Counterparts. This Contract may be executed in counterpart originals, duplicate originals, or both, each of which is deemed to be an original for all purposes.
IN WITNESS WHEREOF, the parties hereto have executed the Contract the day and year first above written.
[SIGNATURE PAGE FOLLOWS]
CITY OF COVINA
By:
City Manager
ATTEST:
By:
City Clerk
Dated:
(“CONTRACTOR”)
By:
Printed Name:
Title:
By:
Printed Name:
Title:
EXHIBIT A
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:
CYPRESS RESERVOIR WATER BOOSTER IMPROVEMENTS PROJECT – PROJECT NO.
W2503
(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:
CYPRESS RESERVOIR WATER BOOSTER IMPROVEMENTS PROJECT – PROJECT NO.
W2503
(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 9
Meeting: January 21, 2025
Title: Covina Recreation Village Project – West Gymnasium Building Phase I – Award of Contract to Vector USA, Inc. in the Amount of $206,655.15 Presented by: Rafael M. Fajardo, Director of Public Works/City Engineer Shawn Granger, Information Technology Manager
Recommendation: 1. Award of Contract for the Covina Recreation Village Project – West Gymnasium Building Phase I to Vector USA, Inc. in an amount of $206,655.15 and authorize the City Manager to execute the contract;
2. Authorize a contingency amount of $20,000 for any unforeseen construction expenses; and
3. Adopt Resolution CC 2025-02 appropriating $226,655.15 from available Measure CC Funds to be transferred into the Parks CIP Fund for the Covina Recreation Village Project – West Gymnasium Building Phase I for the new computer network system.
EXECUTIVE SUMMARY:
The installation of a new computer network system within the Covina Recreation Village will ensure unified connectivity with the rest of the City’s network system.
DISCUSSION:
On July 16, 2024, the City Council awarded a contract to Perera Construction and Design, Inc. for construction of the Covina Recreation Village West Gymnasium Project. However, the contract did not include the installation of a computer network system within the new facility. Thus, City staff subsequently requested a proposal from Vector USA, Inc., the sole provider of the City’s current computer network system.
As proposed, the new network project encompasses the implementation of a Wireless Local Area Network (WLAN) solution for the City of Covina's West Gymnasium Building as part of the Covina Recreation Village Project. The scope of work includes several key phases including the installation of 38 Category 6A cables, cable pathways using EMT conduit, and 16 Fortinet wireless access points, supported by Fortinet switches and necessary licenses. The installation process will implement pathways, hardware, and cabling, followed by configuration and network testing to ensure optimal performance. Deliverables include predictive heatmaps, configuration files, and as-built documentation. The project concludes with system commissioning, acceptance, and final documentation handoff. The City’s Information Technology Division will provide project management oversight to guarantee coordination, adherence to timelines, and client satisfaction.
FISCAL IMPACT:
Adoption of Resolution CC 2025-02 will appropriate the requisite $226,655.15 from available Measure CC Funds to be transferred into the Parks CIP Fund for the Covina Recreation Village Project – West Gymnasium Building Phase I for the new computer network system.
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
RESOLUTION CC 2025-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COVINA, CALIFORNIA, TO AMEND THE FISCAL YEAR 2024/2025 CAPITAL
IMPROVEMENT PROGRAM BUDGET AND INCREASE FUNDING FOR
THE COVINA RECREATION VILLAGE PROJECT FROM AVAILABLE
MEASURE CC FUNDS TO BE TRANSFERRED INTO THE PARKS CIP
FUND FOR USE TOWARDS THE COVINA RECREATION VILLAGE
PROJECT IN THE AMOUNT OF $226,655.15.
WHEREAS, the City of Covina is a municipal corporation duly organized and existing pursuant to the Constitution and laws of the State of California (“City”); and WHEREAS, the Fiscal Year 2025 Operating Budget & Capital Improvement Plan (CIP) was approved on June 4, 2024; and
WHEREAS, the approved Operating Budget and Capital Improvement Plan (CIP) is in accordance with all applicable ordinances of the City and all applicable statutes of the State; and WHEREAS, the City of Covina wishes to amend the 2024/2025 Capital Improvement Program Budget to establish an Expenditure Budget in the Parks CIP Fund from Measure CC for use towards the Covina Recreation Village Project – West Gymnasium Building Phase I.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COVINA, CALIFORNIA DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Amend the Fiscal Year 2024/2025 Capital Improvement Program Budget for the Covina Recreation Village Project.
SECTION 2. Establish an expenditure account and appropriate $226,655.15 from available Measure CC Funds to be transferred into the Parks CIP for use in the Covina Recreation Village Project:
Account No. Account Description Amount ($) Increase/Decrease 1095-0000-
59140-
P2202
Measure CC-Transfer-CIPCovina Recreation Village
Project
$226,655.15 Increase
4600-3400-
49110-
P2202
Parks CIP-Park FacTransfer-From GF-Covina
Recreation Village Project
$226,655.15 Increase
4600-3400-
55700-
P2202
Parks CIP-Park FacComputer Hardware and
Software-Covina Recreation
Village Project
$226,655.15 Increase
SECTION 3. The City Clerk shall certify to the passage and adoption of this resolution and shall enter the same in the Book of Original Resolutions.
Resolution CC 2025-XX Page 2 of 2
APPROVED and PASSED this 21st day of January, 2025.
City of Covina, California
BY:
JOHN 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 2025-XX was duly adopted by the City Council of the City of Covina at a regular meeting held on the 21st day of January, 2025, 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
CITY OF COVINA AGREEMENT FOR
MINOR CONSTRUCTION AND MAINTENANCE SERVICES
This Agreement (“Agreement”) is dated January 21, 2025 (“Effective Date”) and is between the City of Covina, a California municipal corporation (“City”) and Vector Resources Inc dba VectorUSA. 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 install a new computer network system as a part of the Covina Recreation Village Project – West Gymnasium Building Phase I.
B. Contractor represents that it is fully qualified to perform such work by virtue of its experience and the training, education and expertise of its principals and employees.
C. City desires to retain Contractor and Contractor desires to serve City to perform this work in accordance with the terms and conditions of this Agreement.
The parties therefore agree as follows:
1. Term of Agreement. The term of this Agreement shall be from the Effective Date through December 31, 2025 unless sooner terminated as provided in Section 14 of this Agreement. In no event shall the contract be extended beyond December 31, 2026.
2. Compensation.
A. Cost of Work. For the Work described in Section 3 of this Agreement, Contractor shall receive the sum of exceed Two Hundred and Six Thousand Six Hundred and Fifty-Five Dollars and Fifteen Cents ($206,655.15) payable in accordance with the Schedule of Payments, attached hereto and incorporated herein as Exhibit A (Scope of Work and Payment Schedule).
Any terms other than a description of the work to be performed, costs of the work, or the payment schedule contained in Exhibit A is null and void and not a part of this Agreement.
B. Expenses. The amount set forth in paragraph A shall include reimbursement for all actual and necessary expenditures reasonably incurred in the performance of this Agreement.
C. Additional Services. City shall not allow any claims for additional services performed by Contractor, unless the City Council and the Contractor Representative authorize the additional services in writing prior to Contractor’s performance of the additional services or incurrence of additional expenses. Any additional services or expenses authorized by the City Council shall be compensated at the rates set forth in Exhibit A (Scope of Work and Payment Schedule), or, if not specified, at a rate mutually agreed to by the parties. City shall make payment for additional services and expenses in accordance with Section 4 of this Agreement.
3. Contractor’s Work.
A. Scope of Services. Contractor shall construct and install all of the work described in the Scope of Work, attached hereto and incorporated herein as Exhibit A (Scope of Work and Payment Schedule) and shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the Work. All of said Work to be performed and materials to be furnished for the Work shall be in strict accordance with the specifications set forth in the Scope of Work. The Work shall be completed within the time set forth in the Scope of Work. Contractor shall not commence the Work until such time as directed in writing by the City. City may request, in writing, changes in the Scope of Work to be performed. Any changes mutually agreed upon by the parties, and any increase or decrease in compensation, shall be incorporated by written amendments to this Agreement.
B. Party Representatives. For the purposes of this Agreement, the City Representative shall be the City Manager, or such other person designated in writing by the City Manager (the “City Representative”). For the purposes of this Agreement, the Contractor Representative shall be Scott Shiffer, Senior Account Executive (the “Contractor Representative”). The Contractor Representative shall directly manage Contractor’s Work under this Agreement. Contractor shall not change the Contractor Representative without City’s prior written consent.
C. Time for Performance. Contractor shall commence the Work on the Effective Date and shall perform all Work by the deadline established by the City Representative or, if no deadline is established, with reasonable diligence.
D. Standard of Performance. Contractor shall perform all Work under this Agreement in accordance with the standard of care generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to City.
E. Personnel. Contractor has, or will secure at its own expense, all personnel required to perform the Work required under this Agreement. All of the Work required under this Agreement shall be performed by Contractor or under its supervision, and all personnel engaged in the work shall be qualified to perform such Work. Contractor shall determine the means, methods, and details by which Contractor’s personnel will perform the Work under this Agreement.
Contractor shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Work and compliance with the customary professional standards.
F. Compliance with Laws. The Contractor shall keep itself informed of all local, state and federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such ordinances, laws and regulations. The City and its agents shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this section. This Agreement may call for services that, in whole or in part, constitute “public works,” as defined in the California Labor Code. Therefore, as to those services that may be “public works”, including construction services. Contractor shall comply in all respects with all applicable provisions of the California Labor Code, including those set forth in Exhibit B.
G. Permits and Licenses. Contractor shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the provision of services under this Agreement, including a business license.
H. City Approval. All labor, materials, tools, equipment, and services shall be furnished and work performed and completed subject to the approval of City or its authorized representatives, and the quality of the workmanship shall be guaranteed for one year from date of acceptance.
I. Performance and Labor and Material Bonds. Within ten (10) business days from the execution of this Agreement, Contractor shall provide the City with: (1) a Performance Bond, which shall be maintained until the end of the warranty period set forth in subsection O of this Section 3, to assure faithful performance of this Agreement in regard to the work required to be constructed pursuant to this Agreement in the amount of the Contract; and (2) a Labor and Materials Bond to secure payment to any contractor, subcontractor, persons renting equipment, or furnishing labor or materials for the work required to be constructed or installed pursuant to this Agreement in the additional amount of the Contract. The bonds shall be in substantially the form attached hereto as Exhibits C and D, incorporated herein by this reference, and approved by the City Attorney. The surety shall be a surety admitted in the State of California and approved by the City.
J. Contractor's Independent Investigation. No plea of ignorance of conditions that exist or that may hereafter exist or of conditions of difficulties that may be encountered in the execution of the work under this Contract, as a result of failure to make the necessary independent examinations and investigations, and no plea of reliance on initial investigations or reports prepared by City for purposes of letting this Contract out to proposal will be accepted as an excuse for any failure or omission on the part of the Contractor to fulfill in every detail all requirements of this Contract. Nor will such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time.
K. Contractor's Affidavit. After the completion of the Work contemplated by this Agreement, Contractor shall file with the City Manager his affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors on the Work have been paid in full, and that there are no claims outstanding against the project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California.
L. Utility Location. City acknowledges its responsibilities with respect to locating utility facilities pursuant to California Government Code Section 4215.
M. Regional Notification Centers. Contractor agrees to contact the appropriate regional notification center in accordance with Government Code Section 4215.
N. Inspection. The Work shall be subject to inspection and testing by City and its authorized representatives during manufacture and construction and all other times and places, including without limitation, the plans of Contractor and any of its suppliers. Contractor shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All
inspections and tests shall be performed in such manner as to not unduly delay the Work. The Work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the Work.
O. Warranty. Contractor shall guarantee or warranty the work done pursuant to this Agreement for a period of one year following acceptance thereof by City against any defective work or labor done or defective materials furnished.
P. Liquidated Damages; Extension Of Time. In accordance with Government Code Section 53069.85, Contractor agrees to forfeit and pay to City the sum of one Thousand Dollars ($1,000.00) per day for each calendar day completion is delayed beyond the time allowed pursuant to Section 3 of this Agreement. Such sum shall be deducted from any payments due to or to become due to Contractor. Contractor will be granted an extension of time and will not be assessed liquidated damages far unforeseeable delays beyond the control of, and without the fault or negligence of, the Contractor including delays caused by City. Within ten (10) calendar days of the occurrence of such delay, Contractor shall give written notice to City. Within thirty (30) calendar days of the occurrence of the delay, Contractor shall provide written documentation sufficient to support its delay claim to City. Contractor's failure to provide such notice and documentation shall constitute Contractor's waiver, discharge, and release of such delay claims against City.
4. Method of Payment.
A. Invoices. Contractor shall submit to City an invoice, on a monthly basis or less frequently, for actual services performed pursuant to this Agreement. Each invoice shall itemize the services rendered during the billing period, hourly rates charged, if applicable, and the amount due. If City disputes any of Contractor's fees, it shall give written notice to Contractor within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice.
B. Payment. City shall pay all undisputed invoice amounts within thirty (30) calendar days after receipt up to the maximum compensation set forth in Section 2 of this Agreement. City shall not withhold federal payroll, state payroll or other taxes, or other similar deductions, from payments made to Contractor. For all reimbursements authorized by this Agreement, Contractor shall provide receipts on all reimbursable expenses in excess of Fifty Dollars ($50) in such form as approved by the Finance Director.
C. Audit of Records. Contractor shall make all records, invoices, time cards, cost control sheets and other records maintained by Contractor in connection with this agreement available during Contractor’s regular working hours to City for review and audit by City.
D. Waiver of Claims. On or before making final request for payment under Paragraph B, above, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Agreement; the acceptance by Contractor of the final payment shall constitute a waiver of all claims against City under or arising out of this Contract except those previously made in writing and request for payment. Contractor shall be required to execute an affidavit, release and indemnify agreement with each claim for payment.
5. Ownership of Documents. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed (“written products”) pursuant to this Agreement shall become the sole property of the City without restriction or limitation upon its use and may be used, reused, disseminated or otherwise disposed of by the City without the permission of the Contractor. With respect to computer files containing data generated for the work, Contractor shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. Contractor may take and retain copies of the written products as desired, but the written products shall not be the subject of a copyright application by Contractor.
6. Independent Contractor.
A. Contractor is, and shall at all times remain as to City, a wholly independent contractor and not an employee of City. The personnel performing the services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor's exclusive direction and control. Contractor shall have no power to incur any debt, obligation, or liability on behalf of City. Neither City nor any of its agents shall have control over the conduct of Contractor or any of Contractor’s employees. Contractor shall not, at any time, or in any manner, represent that it or any of its officers, agents or employees are in any manner employees of City. Contractor and Contractor’s personnel shall not supervise any of City’s employees; and City’s employees shall not supervise Contractor’s personnel. Contractor’s personnel shall not wear or display any City uniform, badge, identification number, or other information identifying such individual as an employee of City; and Contractor’s personnel shall not use any City e-mail address or City telephone number in the performance of any of the services under this Agreement. Contractor shall acquire and maintain, at its sole cost and expense, such vehicles, equipment, and supplies as Contractor’s personnel require to perform any of the services required by this Agreement. Contractor shall perform the services off of City premises at locations of Contractor’s choice, except as otherwise may from time to time be necessary in order for Contractor’s personnel to receive projects from City, review plans on file at City, pick up or deliver any work product related to Contractor’s performance of the Work under this Agreement, or as may be necessary to inspect or visit City locations and/or private property to perform the services.
City may make a computer available to Contractor from time to time for Contractor’s personnel to obtain information about or to check on the status of projects pertaining to the services under this Agreement.
B. No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing Work hereunder for City. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing Work hereunder. Contractor shall be responsible for and pay all wages, salaries, benefits and other amounts due to Contractor’s personnel in connection with their performance of the Work under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, other retirement or pension benefits, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. Notwithstanding any other agency, state, or federal policy, rule,
regulation, statute or ordinance to the contrary, Contractor and any of its officers, employees, agents, and subcontractors providing any of the Work under this Agreement shall not become entitled to, and hereby waive any claims to, any wages, salaries, compensation, benefit or any incident of employment by City, including, but not limited to, eligibility to enroll in, or reinstate to membership in, the California Public Employees Retirement System (“PERS”) as an employee of City, and entitlement to any contribution to be paid by City for employer contributions or employee contributions for PERS benefits.
C. Contractor shall indemnify and hold harmless City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs, and expenses of any nature to the extent arising from, caused by, or relating to Contractor’s personnel practices. or to the extent arising from, caused by, or relating to the violation of any of the provisions of this Section
6. In addition to all other remedies available under law, City shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor’s failure to promptly pay to City any reimbursement or indemnification arising under this Section 6. This duty of indemnification is in addition to Contractor’s duty to defend, indemnify, and hold harmless as set forth in any other provision of this Agreement.
7. PERS Compliance and Indemnification.
A. General Requirements. The parties acknowledge that City is a local agency member of PERS, and as such has certain pension reporting and contribution obligations to PERS on behalf of qualifying employees. Contractor agrees that, in providing its employees and any other personnel to City to perform the Work under this Agreement, Contractor shall assure compliance with the Public Employees’ Retirement Law, commencing at Government Code Section 20000, the regulations of PERS, and the Public Employees’ Pension Reform Act of 2013, as amended.
Without limitation to the foregoing, Contractor shall assure compliance with regard to personnel who have active or inactive membership in PERS and to those who are retired annuitants and in performing this Agreement shall not assign or utilize any of its personnel in a manner that will cause City to be in violation of the applicable retirement laws and regulations.
B. Indemnification. Contractor shall defend (with legal counsel approved by City, whose approval shall not be unreasonably withheld), indemnify, and hold harmless City, and its City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs, and expenses of any nature to the extent arising from, caused by, or relating to Contractor’s violation of any provisions of this Section 7. This duty of indemnification is in addition to Contractor’s duty to defend, indemnify, and hold harmless as set forth in any other provision of this Agreement.
8. Confidentiality. All data, documents, discussion, or other information (collectively “data”) developed or received by Contractor or provided for performance of this Agreement are deemed confidential. Contractor shall keep all data confidential and shall not disclose any data to any person or entity without City’s prior written consent. City shall grant such consent if disclosure is legally required. Contractor shall return all data to City upon the expiration or
termination of this Agreement. Contractor’s covenant under this Section 8 shall survive the expiration or termination of this Agreement.
9. Conflicts of Interest. Contractor and its officers, employees, associates and subcontractors, if any, shall comply with all conflict of interest statutes of the State of California applicable to Contractor’s Work under this Agreement, including the Political Reform Act (Gov.
Code, § 81000 et seq.) and Government Code Section 1090. During the term of this Agreement, Contractor may perform similar services for other clients, but Contractor and its officers, employees, associates and subcontractors shall not, without the City Representative’s prior written approval, perform work for another person or entity for whom Contractor is not currently performing work that would require Contractor or one of its officers, employees, associates or subcontractors to abstain from a decision under this Agreement pursuant to a conflict of interest statute. Contractor shall incorporate a clause substantially similar to this Section 9 into any subcontract that Contractor executes in connection with the performance of this Agreement.
10. Indemnification.
A. Indemnities for Third Party Claims.
1) To the fullest extent permitted by law, Contractor shall, at its sole cost and expense, defend, hold harmless and indemnify City and its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively “Indemnitees”), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens and losses of any nature whatsoever, including fees of accountants, attorneys or other professionals, and all costs associated therewith, and the payment of all consequential damages (collectively “Liabilities”), in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Contractor, its officers, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that Contractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the parties. Contractor shall defend the Indemnitees in any action or actions filed in connection with any Liability with counsel of the Indemnitees’ choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs actually incurred in connection with such defense. Contractor shall reimburse the Indemnitees for any and all legal expenses and costs incurred by Indemnitees in connection therewith. 2) Contractor shall pay all required taxes on amounts paid to Contractor under this Agreement, and indemnify and hold City harmless from any and all taxes, assessments, penalties and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Contractor shall fully comply with the workers’ compensation law regarding Contractor and Contractor’s employees. Contractor shall indemnify and hold City harmless from any failure of Contractor to comply with applicable workers’ compensation laws.
City may offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor’s failure to promptly pay to City any reimbursement or indemnification arising under this Subparagraph A. 2).
3) Contractor shall obtain executed indemnity agreements with provisions identical to those in this Section 10 from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this Agreement. If Contractor fails to obtain such indemnity obligations, Contractor shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Liabilities in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Contractor’s subcontractor, its officers, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that Contractor’s subcontractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the parties.
B. Workers’ Compensation Acts not Limiting. Contractor’s indemnifications and obligations under this Section 10, or any other provision of this Agreement, shall not be limited by the provisions of any workers’ compensation act or similar act. Contractor expressly waives its statutory immunity under such statutes or laws as to City, its officers, agents, employees and volunteers.
C. Insurance Requirements not Limiting. City does not, and shall not, waive any rights that it may possess against Contractor because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. The indemnities in this Section 10 shall apply regardless of whether or not any insurance policies are determined to be applicable to the Liability, tax, assessment, penalty or interest asserted against City.
D. Survival of Terms. Contractor’s indemnifications and obligations under this Section 10 shall survive the expiration or termination of this Agreement.
11. Insurance.
A. Minimum Scope and Limits of Insurance. Contractor shall procure and at all times during the term of this Agreement carry, maintain, and keep in full force and effect, insurance as follows:
1) Commercial General Liability Insurance with a minimum limit of Two Million Dollars ($2,000,000) per occurrence for bodily injury, personal injury and property damage and a general aggregate limit of Four Million Dollars ($4,000,000) per project or location.
If Contractor is a limited liability company, the commercial general liability coverage shall be amended so that Contractor and its managers, affiliates, employees, agents and other persons necessary or incidental to its operation are insureds.
2) Automobile Liability Insurance for any owned, non-owned or hired vehicle used in connection with the performance of this Agreement with a combined single limit of Two Million Dollars ($2,000,000) per accident for bodily injury and property damage. If Contractor does not use any owned, non-owned or hired vehicles in the performance of Work under this Agreement, Contractor shall obtain a non-owned auto endorsement to the Commercial General Liability policy required under Subparagraph A. 1) of this Section 11.
3) Workers’ Compensation Insurance as required by the State of California and Employer’s Liability Insurance with a minimum limit of Two Million Dollars ($2,000,000) per accident for bodily injury or disease. If Contractor has no employees while performing Work under this Agreement, workers’ compensation policy is not required, but Contractor shall provide an executed declaration that it has no employees.
B. Acceptability of Insurers. The insurance policies required under this Section 11 shall be issued by an insurer admitted to write insurance in the State of California with a rating of A:VII or better in the latest edition of the A.M. Best Insurance Rating Guide. Self-insurance shall not be considered to comply with the insurance requirements under this Section 11.
C. Additional Insured. The commercial general and automobile liability policies shall contain an endorsement naming the City, its officers, employees, agents and volunteers as additional insureds.
D. Primary and Non-Contributing. The insurance policies required under this Section 11 shall apply on a primary non-contributing basis in relation to any other insurance or selfinsurance available to City. Any insurance or self-insurance maintained by City, its officers, employees, agents or volunteers, shall be in excess of Contractor’s insurance and shall not contribute with it.
E. Contractor’s Waiver of Subrogation. The insurance policies required under this Section 11 shall not prohibit Contractor and Contractor’s employees, agents or subcontractors from waiving the right of subrogation prior to a loss. Contractor hereby waives all rights of subrogation against City.
F. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be approved by City. At City’s option, Contractor shall either reduce or eliminate the deductibles or self-insured retentions with respect to City, or Contractor shall procure a bond guaranteeing payment of losses and expenses.
G. Cancellations or Modifications to Coverage. Contractor shall not cancel, reduce or otherwise modify the insurance policies required by this Section 11 during the term of this Agreement. The commercial general and automobile liability policies required under this Agreement shall be endorsed to state that should the issuing insurer cancel the policy before the expiration date, the issuing insurer will endeavor to mail thirty (30) calendar days’ prior written notice to City. If any insurance policy required under this Section 11 is canceled or reduced in coverage or limits, Contractor shall, within two (2) business days of notice from the insurer, phone, fax or notify City via certified mail, return receipt requested, of the cancellation of or changes to the policy.
H. City Remedy for Noncompliance. If Contractor does not maintain the policies of insurance required under this Section 11 in full force and effect during the term of this Agreement, or in the event any of Contractor’s policies do not comply with the requirements under this Section 11, City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may, but has no duty to, take out the necessary insurance and pay, at Contractor’s expense, the premium thereon. Contractor shall promptly reimburse City for any
premium paid by City or City may withhold amounts sufficient to pay the premiums from payments due to Contractor.
I. Evidence of Insurance. Prior to the performance of Work under this Agreement, Contractor shall furnish City’s Risk Manager with a certificate or certificates of insurance and all original endorsements evidencing and effecting the coverages required under this Section 11. The endorsements are subject to City’s approval. Contractor may provide complete, certified copies of all required insurance policies to City. Contractor shall maintain current endorsements on file with City’s Risk Manager. Contractor shall provide proof to City’s Risk Manager that insurance policies expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Contractor shall furnish such proof at least two (2) weeks prior to the expiration of the coverages.
J. Indemnity Requirements not Limiting. Procurement of insurance by Contractor shall not be construed as a limitation of Contractor’s liability or as full performance of Contractor’s duty to indemnify City under Section 10 of this Agreement.
K. Subcontractor Insurance Requirements. Contractor shall require each of its subcontractors that perform Work under this Agreement to maintain insurance coverage that meets all of the requirements of this Section 11.
12. Mutual Cooperation.
A. City’s Cooperation. City shall provide Contractor with all pertinent data, documents and other requested information as is reasonably available for Contractor’s proper performance of the Work required under this Agreement.
B. Contractor’s Cooperation. In the event any claim or action is brought against the City relating to Contractor’s performance or Work rendered under this Agreement, Contractor shall render any reasonable assistance that City requires.
13. Records and Inspections. Contractor shall maintain full and accurate records with respect to all matters covered under this Agreement for a period of five (5) years. Contractor shall, without charge, provide City with access to the records during normal business hours. City may examine and audit the records and make transcripts therefrom, and inspect all program data, documents, proceedings and activities.
14. Termination or Suspension of Agreement.
A. Right to Terminate or Suspend. City may terminate or suspend this Agreement at any time, at will, for any reason or no reason, after giving written notice to Contractor at least seven (7) calendar days before the termination or suspension is to be effective. Contractor may terminate this Agreement at any time, at will, for any reason or no reason, after giving written notice to City at least sixty (60) calendar days before the termination is to be effective.
B. Obligations upon Termination. Contractor shall cease all work under this Agreement on or before the effective date of termination specified in the notice of termination. In
the event of City’s termination of this Agreement due to no fault or failure of performance by Contractor, City shall pay Contractor based on the percentage of work satisfactorily performed up to the effective date of termination. In no event shall Contractor be entitled to receive more than the amount that would be paid to Contractor for the full performance of the Work required by this Agreement.
15. Force Majeure. Contractor shall not be liable for any failure to perform its obligations under this Agreement if Contractor presents acceptable evidence, in City’s sole judgment, that such failure was due to strikes, lockouts, labor disputes, embargoes, acts of God, inability to obtain labor or materials or reasonable substitutes for labor or materials, governmental restrictions, governmental regulations, governmental controls, judicial orders, enemy or hostile governmental action, civil commotion, fire or other casualty, or other causes beyond Contractor’s reasonable control and not due to any act by Contractor.
16. Notices. Any notices, consents, requests, demands, bills, invoices, reports or other communications which either party may desire to give to the other party under this Agreement must be in writing and conclusively deemed effective: (a) on personal delivery, (b) on confirmed delivery by reputable document delivery service or courier service during Contractor’s and City's regular business hours, or (c) five business days after deposit in the United States mail, by first class mail, postage prepaid, and addressed to the party to be notified as set forth below:
If to City: If to Contractor:
Attn: 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: Dave Zuckerman
Title: President
By:
Name: Robert Messinger
Title: Executive Vice President
(Two signatures of corporate officers required
for corporations under Corporations Code
Section 313, unless corporate documents
authorize only one person to sign this
Agreement on behalf of the corporation.)
EXHIBIT A
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 ($25) for each worker employed in the execution of this Agreement by Contractor or by any subcontractor for each calendar day during which such
worker is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the California Labor Code.
8. California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Contractor hereby certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this Agreement.”
Date _______________ Signature ____________________________________
EXHIBIT C
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS that:
WHEREAS the City of Covina (“City”), has awarded to
(“Principal”)
(Name and address of Contractor)
a contract (the “Contract”) for the Work described as follows:
COVINA RECREATION VILLAGE PROJECT – WEST GYMNASIUM BUILDING
PHASE I - NETWORK
(Project Description/ Name)
WHEREAS, Principal is required under the terms of the Contract to furnish a Bond for the faithful performance of the Contract.
NOW, THEREFORE, we, the undersigned Principal, and
(Name and address of Surety)
(“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the City in the penal sum of Dollars ($ ), 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 RECREATION VILLAGE PROJECT – WEST GYMNASIUM BUILDING
PHASE I - NETWORK
(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.