Covina City Council
July 1, 2025

AGREEMENT BETWEEN CITY OF COVINA AND YWCA SAN GABRIEL VALLEY

SENIOR NUTRITION PROGRAM
CDBG PROJECT No. 601198-25
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1. Minimum Scope and Limits of Insurance
Subrecipient shall procure and at all times during the term of this Agreement carry, maintain, and keep in full force and effect, insurance as follows:
a. Commercial General Liability Insurance with a minimum limit of Two Million Dollars ($2,000,000) per occurrence for bodily injury, personal injury and property damage and a general aggregate limit of Two Million Dollars ($2,000,000) per project or location. If Subrecipient is a limited liability company, the commercial general liability coverage shall be amended so that Subrecipient and its managers, affiliates, employees, agents and other persons necessary or incidental to its operation are insureds. b. 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 Subrecipient does not use any owned, non- owned or hired vehicles in the performance of services under this Agreement, Subrecipient shall obtain a non-owned auto endorsement to the Commercial General Liability policy required under sub-section VI.E.1.a. c. 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 Subrecipient has no employees while performing services under this Agreement, workers' compensation policy is not required, but Subrecipient shall provide an executed declaration that it has no employees.
d. Professional Liability Insurance with minimum limits of Two Million Dollars ($2,000,000) per claim and in aggregate.

2. Acceptability of Insurers
The insurance policies required under this Section VI.E 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 VI.E.

3. Additional lnsured
The commercial general and automobile liability policies shall contain an endorsement naming the City of Covina, the Los Angeles County Development Authority and the County of Los Angeles and each of their elected and appointed officers, officials, representatives, attorneys, agents, employees, designated volunteers, successors, assigns and those Grantee agents serving as independent contractors in the role of Grantee officials as additional insureds.

4. Primary and Non-Contributing
The insurance policies required under this Section VI.E shall apply on a primary noncontributing basis in relation to any other insurance or self-insurance available to Grantee. Any insurance or self-insurance maintained by Grantee, its officers, employees, agents or volunteers. shall be in excess of Subrecipient's insurance and shall not contribute with it.

AGREEMENT BETWEEN CITY OF COVINA AND YWCA SAN GABRIEL VALLEY

SENIOR NUTRITION PROGRAM
CDBG PROJECT No. 601198-25
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5. Subrecipient's Waiver of Subrogation
The insurance policies required under this Section VI.E shall not prohibit Subrecipient and Subrecipient's employees, agents or subcontractors from waiving the right of subrogation prior to a loss. Subrecipient hereby waives all rights of subrogation against Grantee.

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

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

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

9. Evidence of Insurance
Prior to the performance of services under this Agreement, Subrecipient shall furnish Grantee's Risk Manager with a certificate or certificates of insurance and all original endorsements evidencing and effecting the coverages required under this Section VI.E. The endorsements are subject to Grantee's approval. Subrecipient may provide complete, certified copies of all required insurance policies to Grantee. Subrecipient shall maintain current endorsements on file with Grantee's Risk Manager.

Subrecipient shall provide proof to Grantee'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. Subrecipient shall furnish such proof at least two (2} weeks prior to the expiration of the coverages.

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AGREEMENT BETWEEN CITY OF COVINA AND YWCA SAN GABRIEL VALLEY

SENIOR NUTRITION PROGRAM
CDBG PROJECT No.601198-25

10. Indemnity Requirements not Limiting
Procurement of insurance by Subrecipient shall not be construed as a limitation of Subrecipient's liability or as full performance of Subrecipient's duty to indemnify the Grantee under Section VI.C of this Agreement.

11. Subcontractor Insurance Requirements
Subrecipient 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 VI.E.

12. Null and Void
This Agreement is null and void if the insurance policy is not current or providing coverage for the period of time or term of this Agreement.

F. Grantee Recognition
The Subrecipient shall recognize the role of Grantee in providing services through this Agreement. All activities, facilities and items utilized pursuant to this Agreement shall be prominently labeled as to funding source. In addition, the Subrecipient shall include a reference to the financial support provided herein in all publications made possible with funds made available under this Agreement.

G. Amendments
This Agreement contains the parties' entire agreement and understanding concerning the subject matter of this Agreement. and supersedes all prior negotiations, representations, and agreements concerning the subject matter hereof.

Grantee or Subrecipient may amend this Agreement at any time provided that such amendments make a specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of both organizations, and approved by the Grantee's governing body. Such amendments shall not invalidate this Agreement, or relieve or release Grantee or Sub- Recipient from its obligations under this Agreement.

Grantee may, at its discretion, amend this Agreement to conform with federal, state or local governmental laws. statutes, enactments, guidelines, policies and available funding amounts, or for other reasons. If such amendments result in a change in the funding, the scope of services, or schedule of, the activities to be undertaken as part of this Agreement, such modifications shall be incorporated only by written amendment signed by both Grantee and Subrecipient.

H. Suspension or Termination
Either party may terminate this Agreement at any time by giving written notices to the other party of such termination and specifying the effective date thereof at least 90 days before the effective date of such termination. Partial terminations of the Scope of Service in Section I above may only be undertaken with the prior approval of Grantee. In the event of any termination for convenience, all finished or unfinished documents, data, studies, surveys. maps, models, photographs, reports or other materials prepared by Subrecipient under this Agreement shall be turned over to Grantee, and following receipt thereof by Grantee, Subrecipient will be entitled to receive just and equitable compensation for any satisfactory work completed on such documents or materials prior to the termination.

Grantee may also suspend or terminate this Agreement, in whole or in part, if Subrecipient materially fails to comply with any terms of this Agreement, or with any of the rules, regulations or

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AGREEMENT BETWEEN CITY OF COVINA AND YWCA SAN GABRIEL VALLEY

SENIOR NUTRITION PROGRAM
CDBG PROJECT No.601198-25
provisions referred to herein; and the Grantee may declare the Subrecipient ineligible for any further participation in Grantee's contracts, in addition to other remedies provided by law. In the event there is probable cause to believe Subrecipient is in noncompliance with any applicable rules or regulations, the Grantee may withhold up to fifteen (15) percent of said contract funds until such time as the Subrecipient is found to be in compliance by the Grantee, or is otherwise adjudicated to be in compliance.

VII. ADMINISTRATIVE REQUIREMENTS
A. Financial Management

1. Accounting Standards
The Subrecipient agrees to comply with 2 CFR Part 200 and 24 CFR 570.502 and agrees to adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and shall maintain necessary source documentation for all costs incurred.

2. Cost Principles
The Subrecipient shall administer its program in conformance with 2 CFR Part 200 and 24 CFR 570.502 for all costs incurred whether charged on a direct or indirect basis.

B. Documentation and Record-Keeping

1. Records to be Maintained
The Subrecipient shall maintain all records required by the Federal regulations specified in 24 CFR Part 570, Section 570.506 and that are pertinent to the activities funded under this Agreement. Such records shall include but not be limited to:
a. Records providing a full description of each activity undertaken; b. Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program;
c. Records required to determine the eligibility of activities; d. Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance; e. Records documenting compliance with the fair housing and equal opportunity components of the CDBG program;
f. Financial records as required by 24 CFR Part 570, Section 570.502, and 2 CFR Part 200; and
g. Other records necessary to document compliance with Subpart K of 24 CFR 570.

Where the project is qualified by income, the Subrecipient will be responsible for maintaining income documentation to ensure that at least 51 percent of program beneficiaries are of lowand moderate-income. Income documentation must be made available to auditors in a manner satisfactory to the recipient and consistent with any standards required as a condition of providing these funds.

When the project is qualified by age, the Subrecipient will be responsible for maintaining age documentation to ensure that at least 51 percent of program beneficiaries are qualified by age.

Age documentation must be made available to auditors in a manner satisfactory to the recipient and consistent with any standards required as a condition of providing these funds.

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AGREEMENT BETWEEN CITY OF COVINA AND YWCA SAN GABRIEL VALLEY

SENIOR NUTRITION PROGRAM
CDBG PROJECT No.601198-25

2. Retention
The Subrecipient shall retain all records pertinent to expenditures incurred under this Agreement for a period of five (5) years after the termination of all activities funded under this Agreement, or after the resolution of all Federal audit findings, whichever occurs later. Records for non-expendable property acquired with funds under this Agreement shall be retained for five (5) years after final disposition of such property. Records for any displaced person must be kept for five (5) years after he/she has received final payment.

3. Client Data
The Subrecipient shall maintain client data demonstrating client eligibility for services provided.

Such data shall include, but not be limited to, client name, address, income level or other basis for determining eligibility, and a description of services provided. Such information shall be made available to Grantee monitors or their designees for review upon request

4. Disclosure
The Subrecipient understands that client information collected under this Agreement is private and the use or disclosure of such information, when not directly connected with the administration of the Grantee's or Subrecipient's responsibilities with respect to services provided under this Agreement, is prohibited unless written consent is obtained from such person receiving service and, in the case of a minor, that of a responsible parent/guardian.

5. Property Records
The Subrecipient shall maintain real property inventory records which clearly identify properties purchased, improved or sold. Properties retained shall continue to meet eligibility criteria and shall conform with the "changes in use" restrictions specified in 24 CFR Part 570, Section 570.503(b)(7).

6. National Objectives
The Subrecipient agrees to maintain documentation that demonstrates that the activities carried out with funds provided under this Agreement meet one or more of the CDBG program's national objectives: (1) benefit low-to-moderate-income persons; (2) aid in the prevention or elimination of slums or blight; or (3) meet community development needs having a particular urgency- as defined in 24 CFR Part 570, Section 570.208.

7. Close-Outs
Subrecipient obligation to the Grantee shall not end until all close-out requirements are completed within 30 days after expiration of this Agreement. Activities during this close-out period shall include, but are not limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and receivable accounts to the Grantee, and determining the custodianship of records.

8. Audits & Inspections
All Subrecipient records with respect to any matters covered by this Agreement shall be made available to the Grantee, grantor agency, their designees or the Federal Government, at any time during normal business hours or as often as the Grantee or grantor agency deems necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully cleared by the Subrecipient within 30 days after receipt by the Subrecipient. Failure of the Subrecipient to comply with the above audit requirements will constitute a violation of this Agreement and may result in the

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AGREEMENT BETWEEN CITY OF COVINA AND YWCA SAN GABRIEL VALLEY

SENIOR NUTRITION PROGRAM
CDBG PROJECT No.601198-25
withholding of future payments. The Subrecipient hereby agrees to have an annual agency audit conducted in accordance with current city policy concerning Subrecipient audits.

C. Reporting and Payment Procedures

1. Budgets
No more than the amount specified may be spent within the cost category without written approval of the Grantor.

2. Program Income
The Subrecipient shall report monthly all program income as defined at 24 CFR Part 570, Section 570.500(a) generated by activities carried out with COBG funds made available under this Agreement. The Subrecipient may use such program income during the contract period for activities permitted under this Agreement and shall reduce requests for additional funds by the amount of any such program income balances on hand. All unused program income shall be returned to the Grantee at the end of the contract period. Any interest earned on cash advances from the U.S. Treasury is not program income and shall be remitted promptly to the Grantee.

3. Indirect Costs
If indirect costs are charged, the Subrecipient will develop an indirect cost allocation plan for determining the appropriate Grantee share of administrative costs and shall submit such plan to the Grantee for approval, prior to the execution of the Agreement.

4. Payment Procedures
The Grantee will pay to the Subrecipient funds available under this Agreement based upon information submitted by the Subrecipient and consistent with any approved budget and city policy concerning payments. With the exception of certain advances, payments will be made for eligible expenses actually incurred by the Subrecipient and not to exceed actual cash requirements. Payments will be adjusted by the Grantee in accordance with advance fund and program income balances available in Subrecipient accounts. In addition, the Grantee reserves the right to liquid funds available under this Agreement for costs incurred by the Grantee on behalf of the Subrecipient.

D. Procurement

1. Compliance
The Subrecipient shall comply with current federal policy concerning the purchase of equipment and shall maintain an inventory of all non-expendable personal property as defined by such policy as may be procured with funds provided herein. Upon the termination or expiration of this Agreement, all program assets shall revert to the Grantee, unless the property will be used for an activity which meets a COBG National Objective. Subrecipient shall transfer to the Grantee any CDBG funds on hand at the time of such termination or expiration and any accounts receivable attributable to the use of CDBG funds. Any real property under Subrecipient's control that was acquired or improved, in whole or in part, with CDBG funds in excess of twenty-five thousand dollars {$25,000.00) shall either be:
• Used to meet one of the national objectives stated in 24 CFR 570.208 until five {5) years after termination or expiration of this Agreement, or for such longer period of time as determined to be appropriate by the Grantee; or

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AGREEMENT BETWEEN CITY OF COVINA AND YWCA SAN GABRIEL VALLEY

SENIOR NUTRITION PROGRAM
CDBG PROJECT No.601198-25
• Disposed of in a manner that results in the Grantee being reimbursed in the amount of the current fair market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for acquisition of, or improvement to, the property. This reimbursement shall constitute Program Income to the Grantee. Reimbursement to the Grantee shall not be required until five (5) years after termination or expiration of this Agreement, or for such longer period of time as determined to be appropriate by the Grantee.

2. OMB Standards
The Subrecipient shall procure, utilize, and dispose of property in accordance with the requirements of 2 CFR Part 200 and 24 CFR 570.502.

Pursuant to 2 CFR 200.331, the required subaward information is attached as Exhibit C.

3. Travel
The Subrecipient shall obtain written approval from the Grantee for any travel outside the metropolitan area with funds provided under this Agreement.

4. Relocation, Acquisition and Displacement
The Subrecipient agrees to comply with 24 CFR 570.606 relating to the acquisition and disposition of all real property utilizing grant funds, and to the displacement of persons, businesses, nonprofit organizations and farms occurring as a direct result of any acquisition of real property utilizing grant funds. The Subrecipient agrees to comply with applicable Grantee Ordinances, Resolutions, and Policies concerning displacement of individuals from their residences.

VIII PERSONNEL & PARTICIPANT CONDITIONS
A. Civil Rights

1. Compliance
The Subrecipient agrees to comply with all city and state civil rights ordinances and with Title VI of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968 as amended, Section 109 of Title I of the Housing and Community Development Act of 1974, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and with Executive Order 14173.

2. Nondiscrimination
The Subrecipient will not discriminate against any employee or applicant for employment because of race, color, creed, religion, ancestry, national origin, sex, disability or other handicap, age, marital status, or status with regard to public assistance. The Subrecipient will take affirmative action to insure that all employment practices are free from such discrimination. Such employment practices include but are not limited to the following:
hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of pay or other forms of compensation, and selection for training including apprenticeship. The Subrecipient agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting agency setting forth the provisions of this nondiscrimination clause.

AGREEMENT BETWEEN CITY OF COVINA AND YWCA SAN GABRIEL VALLEY

SENIOR NUTRITION PROGRAM
CDBG PROJECT No.601198-25
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3. Land Covenants
This Agreement is subject to the requirements of Title VI of the Civil Rights Act of 1964. In regard to the sale, lease, or other transfer of land acquired, cleared or improved with assistance provided under this Agreement, the Subrecipient shall cause or require a covenant running with the land to be inserted in the deed or lease for such transfer, prohibiting discrimination as herein defined, in the sale, lease or rental, or in the use or occupancy of such land, or in any improvements erected or to be erected thereon, providing that the Grantee and the United States are beneficiaries of and entitled to enforce such covenants. The Subrecipient, in undertaking its obligation to carry out the program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant, and will not itself so discriminate.

4. Section 504
The Subrecipient agrees to comply with any federal regulations issued pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (929 U.S.C. 706), which prohibits discrimination against the handicapped in any federally assisted program. The Grantee shall provide the Subrecipient with any guidelines necessary for compliance with that portion of the regulations in force during the term of this Agreement.

B. Employment Restrictions

1. Prohibited Activity
The Subrecipient is prohibited from using funds provided herein or personnel employed in the administration of the program for political activities; sectarian, or religious activities; lobbying, political patronage, and nepotism activities.

2. OSHA
Where employees are engaged in activities not covered under the Occupational Safety and Health Act of 1970, they shall not be required or permitted to work, be trained, or receive services in buildings or surroundings or under working conditions which are unsanitary, hazardous or dangerous to the participants' health or safety.

3. Right to Know
Participants employed or trained for inherently dangerous occupations, e.g., fire or police jobs, shall be assigned to work in accordance with reasonable safety practices.

4. Labor Standards
The Subrecipient agrees to comply with the requirements of the Secretary of Labor in accordance with the Davis-Bacon Act as amended, the provisions of Contract Work Hours, the Safety Standards Act, the Copeland "Anti-Kickback" Act (40 U.S.C. 276, 327-333) and all other applicable federal, state and local laws and regulations pertaining to labor standards insofar as those acts apply to the performance of this Agreement. The Subrecipient shall maintain documentation which demonstrates compliance with hour and wages requirements of this part. Such documentation shall be made available to the Grantee for review upon request.

The Subrecipient agrees that, except with respect to the rehabilitation or construction of residential property designed for residential use for less than eight (8) households, all contractors engaged under contracts in excess of $2,000.00 for construction, renovation or repair of any building or work financed in whole or in part with assistance provided under this Agreement, shall comply with federal requirements adopted by the Grantee pertaining to such contracts, shall comply with federal requirements adopted by the Grantee pertaining to such contracts and with the applicable requirements of the regulations of the Department of Labor, under 29 CFR Parts 3, 1, 5 and 7

AGREEMENT BETWEEN CITY OF COVINA AND YWCA SAN GABRIEL VALLEY

SENIOR NUTRITION PROGRAM
CDBG PROJECT No.601198-25
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governing the payment of wages and ratio of apprentices and trainees to journeymen; provided, that if wage rates higher than those required under the regulations are imposed by state or local law, nothing hereunder is intended to relieve the Subrecipient of its obligation, if any, to require payment of the higher wage. The Subrecipient shall cause or require to be inserted in full, in all such contracts subject to such regulations, provisions meeting the requirements of this Section Vlll.C.4, for such contracts in excess of $10,000.00.

5. Local Employment
To the greatest extent possible, the Subrecipient shall employ lower income residents of the project area, in compliance with Section 3, Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701 et seq.

D. Conduct

1. Assignability
The Subrecipient shall not assign or transfer any interest in this Agreement without the prior written consent of the Grantee thereto; provided, however, that claims for money due or to become due to the Subrecipient from the Grantee under this Agreement may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any such assignment or transfer shall be furnished promptly to the Grantee.

2. Hatch Act
The Subrecipient agrees that no funds provided, nor personnel employed under this Agreement, shall be in any way or to any extent engaged in the conduct of political activities in violation of Chapter 15 of Title V United States Code.

3. Conflict of Interest
The Subrecipient agrees to abide by the provisions of 24 CFR Part 570, Section 570.611 with respect to conflicts of interest and covenants that it presently has no financial interest and shall not acquire any financial interest, direct or indirect, which would conflict in any manner or degree with the performance of services required under this Agreement. The Subrecipient further covenants that in the performance of this Agreement, no person having such a financial interest shall be employed or retained by the Subrecipient hereunder. These conflict of interest provisions apply to any person who is an employee, agent consultant, officer, or elected official or appointed official of the Grantee, or of any designated public agencies or Subrecipients that are receiving funds under the CDBG Entitlement program.

4. Subcontracts
a. Approvals
The Subrecipients shall not enter into any subcontracts with any agency or individual in the performance of this Agreement without the prior written consent of the Grantee prior to the execution of such agreement.
b. Monitoring
The Subrecipient will monitor all subcontracted services on a regular basis to assure contract compliance. Results of monitoring efforts shall be summarized in written reports and supported with documented evidence of follow-up actions taken to correct areas of noncompliance.

AGREEMENT BETWEEN CITY OF COVINA AND YWCA SAN GABRIEL VALLEY

SENIOR NUTRITION PROGRAM
CDBG PROJECT No.601198-25
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c. Content
The Subrecipient shall cause all of the provisions of this Agreement in its entirety to be included in and made a part of any subcontract executed in the performance of this Agreement.
d. Selection Process
The Subrecipient shall undertake to insure that all subcontracts let in the performance of this Agreement shall be awarded on a fair and open competition basis. Executed copies of all subcontracts shall be forwarded to the Grantee along with documentation concerning the selection process.

5. Copyright
If this Agreement results in any copyrightable material, the Grantee and/or grantor agency reserves the right to royalty-free, non-exclusive and irrevocable license to reproduce, publish or otherwise use and to authorize others to use, the work for government purposes.

6. Religious Organization
The Subrecipient agrees that funds provided under this Agreement will not be utilized for religious activities, to promote religious interests, or for the benefit of a religious organization in accordance with the federal regulations specified in 24 CFR Part 570, Section 570.2000).

IX ENVIRONMENTAL CONDITIONS
A. Air and Water
The Subrecipient agrees to comply with the following regulations insofar as they apply to the performance of this Agreement:
• Clean Air Act, 42 U.S.C. 1857, et seq.
• Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, et seq., as amended, relating to inspection, monitoring, entry, reports and information, as well as other requirements specified in said Section 114 and Section 308, and all regulations and guidelines issued thereunder.
• Environmental Protection Agency (EPA) regulations pursuant to 40 CFR Part 50, as amended.
• National Environmental Policy Act of 1969.
• HUD Environmental Review Procedures (24 CFR, Part 58). • California Environmental Quality Act of 1974.

B. Flood Disaster Protection
The Subrecipient agrees to comply with the requirements of the Flood Disaster Protection Act of 1973 in regard to the sale, lease or other transfer of land acquired, cleared or improved under the terms of this Agreement, as it may apply to the provisions of this Agreement.

C. Lead-Based Paint
The Subrecipient agrees that any construction or rehabilitation of residential structures with assistance provided under this Agreement shall be subject to HUD Lead-Based Paint Regulations at 24 CFR Part 570, Section 570.608, and 24 CFR Part 35, and in particular SubPart B thereof. Such Regulations pertain to all HUD-assisted housing and require that all owners, prospective owners, and tenants or properties constructed prior to 1978 be

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properly notified that such properties may include lead-based paint. Such notification shall point out the hazards of lead-based paint and explain the symptoms, treatment and precautions that should be taken when dealing with lead-based paint poisoning.

D. Historic Preservation
The Subrecipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 36 CFR, part 800, Advisory Council on Historic Preservation Procedures for Protection of Historic Properties, insofar as they apply to the performance of this Agreement.

In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a Federal, State, or local historic property list above.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written

CITY OF COVINA YWCA SAN GABRIEL VALLEY
By: ___________________________ By: ________________________________ Chris Marcarello, City Manager Debra Ward, Chief Executive Officer

AGREEMENT BETWEEN CITY OF COVINA AND YWCA SAN GABRIEL VALLEY

SENIOR NUTRITION PROGRAM
CDBG PROJECT No.601198-25
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ATTACHMENTS

EXHIBIT A COUNTY LOBBYIST CERTIFICATION

EXHIBIT B PROCUREMENT REQUIREMENTS

EXHIBITC SUBAWARD INFORMATION

EXHIBIT D SCOPE OF SERVICES

AGREEMENT BETWEEN CITY OF COVINA AND YWCA SAN GABRIEL VALLEY

SENIOR NUTRITION PROGRAM
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COMMUNITY DEVELOPMENT COMMISSION

COUNTY OF LOS ANGELES
COUNTY LOBBYIST CODE CHAPTER 2.160
COUNTY ORDINANCE NO. 93-0031

CERTIFICATION
Name of Firm: YWCA San Gabriel Valley Date: July 1, 2025 Address: 101 South Barranca Avenue
State: CA Zip Code: 91723 Phone No.: (626) 214-9442

EXHIBIT A
Acting on behalf of the above-named firm, as its Authorized Official, I make the following Certification to the County of Los Angeles and the Community Development Authority, County of Los Angeles.

1. It is understood that each person/entity/firm who applies for a Community Development Authority contract, and as part of that process, shall certify that they are familiar with the requirements of the Los Angeles County Code Chapter 2.160 (Los Angeles County Ordinance 93-0031); and

2. That all persons/entities/firms acting on behalf of the above-named firm have and will comply with the County Code; and

3. That any person/entity/firm who seeks a contract with the Community Development Commission shall be disqualified therefrom and denied the contract, and shall be liable in civil action, if any lobbyist, lobbying firm, lobbyist employer or any other person or entity acting on behalf of the abovenamed firm fails to comply with the provisions of the County Code.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is prerequisite for making or entering into contract with the Los Angeles County and the Community Development Authority, County of Los Angeles.

Authorized Official:

NAME: Debra Ward TITLE: Chief Executive Officer
SIGNATURE: _____________________________________ DATE: __________________

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FEDERAL AND CITY PROCUREMENT REQUIREMENTS EXHIBIT B
Procurement requirements are in accordance with 2 Code of Federal Regulations (CFR) Part 200. Of the Federal and City requirement,use the most restrictive.

1. Micro-Purchases: Acquisition of supplies or services (dollar amount not to exceed $3,000). This type of procurement is generally used for administrative, office supplies, where best price is the selection factor.

Obtain minimum of two bids.

2. Small Purchase Procurement (Informal or Market Basket}: Acquisition of supplies, services or other property (dollar amount not to exceed $10,000), with a minimum of two price-quotations solicited. This type of procurement is generally used for program equipment, program services or materials, where best price is the selection factor.

3. Small Purchase Procurement (Informal}: For purchase of goods or services in an amount between $10,000 and $25,000: Informal bid procedure required-minimum of 3 bids required.

4. Purchase over $25,000: RFP or sealed bid process, unless purchase is a professional service. If so, follow requirements of Covina Municipal Code 2.20.175
Small PurchaseProcedures:

Are those informal procurement methods where you must secure at least two informal bids, oral or written.

Written is preferred.
• You must document the following information: Company name and address, name of person contacted, telephone number and minority status.
• A "no bid" is not considered a bid. You must continue the process until three fixed dollar bids are received.
• Use the Small/InformalBid Form for documentation.
• Not allowed for soliciting construction services
Formal Bidding Procedures:
• Are competitive sealed bids, secured through formal advertising • All bids will be publicly opened and a fixed price contract will be awarded to the lowest responsive and responsible bidder.

CompetitiveProposals
• A Request for Proposal(RFP) or Request for Qualifications (RFQ) shall always be advertised. • The RFP should contain: bid specifications, sample contract. terms and conditions, and mechanism for proposal most advantageous to the program, with price and other factors considered.

Contracting with Minority and Women Business Enterprise • Whenever possible, contact at least one MWBE firm for your small purchase process. • Require prime contractor to also comply with above.

Perform an EPLS check: For all procurements, an EPLS check must be performed. Log on to sam.gov and search records for the entity selected. If no records or no active debarment is present, then proceed. If debarment is active, Do Not Enter Into Contract with the entity. This is in addition to required licensure or credential verification, such as California State License Board (CSLB) check.

File all steps of procurement in Project File: Save the Scope of Work,Solicitation List, Price Quotations, and EPLS check in project file along with the executed service agreement or contract.

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SMALL/INFORMAL BID FORM
Project Name: _____________________________ Project Number: ___________________ Three Quotes Required on the Following Item(s)
Item Description
Specifications:

Quantity: _________ Size: _________________
_____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ l. Company Name: Phone No:

Address: Contact:

MWBE Status:

Quote ‣
Unit Cost:

Total:

2. Company Name: Phone No:

Address: Contact:

MWBE Status:

Quote ‣
Unit Cost:

Total:

3. Company Name: Phone No:

Address: Contact:

MWBE Status:

Quote ‣ Unit Cost: Total:

Bids Obtained By: Date:

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EXHIBIT C

EXHIBITC

SUBAWARD INFORMATION
1 Subrecipient Name (which must match registered name in DUNS):

YWCA San Gabriel Valley
2 Subrecipient's DUNS Number: 626495519
3 FederalAward Identification Number (FAIN): 70721
4 Federal Award Date (see §2 CFR 200.39): July 1, 2025
5 Subaward Period of Performance Start Date and End Date: July 1,2025-June 30,2026 6 Amount of Federal Funds Obligated by this Activity: $10,000 7 Total Amount of Federal Funds obligated to Subrecipient: $10,000 8 Total Amount of the Federal Award: FY 25-26 $296,629
9 Federal award project description, as required to be responsive to the Federal Funding Accountability and Transparency Act (FFATA):

Project No.601198-25 Senior
Nutrition Program
10 Name of Federal Awarding Agency: Department of Housing and Urban Development
11 Name of Pass-through Entity and Contact Information for AwardingOfficial:

Community Development
Authority, County of Los Angeles/
City of Covina,
Alana Mantilla 626-384-5443
12 Catalog of Federal Domestic Assistance (CFDA) Number and Name:

14.218
13 Identification of whether the Award i s Research &
Development:

N/A
14 Indirect Cost Rate for the Federal Award: N/A

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SCOPE OF SERVICES
YWCA of San Gabriel Valley (YWCA or Contractor) shall perform all services under this Agreement in a skillful and competent manner, consistent with standards generally recognized as being employed by professionals in the same discipline in the State of California. YWCA represents and maintains that it is skilled in the professional calling necessary to perform the services. YWCA warrants that all employees and sub-consultants shall have sufficient skill and experience to perform the services assigned to them. Finally, YWCA represents that it, its employees and sub consultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the services and that such licenses and approvals shall be maintained throughout the term of this Agreement. YWCA shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the services, including all Cal/OSHA requirements, and shall give all notices required by law.

YWCA will provide a daily nutrition program for all registered participants M onday through Friday, fifty-two (52) weeks per year at the City's designated Senior Center. The only exception to this schedule would be for CITY-observed and/or YWCA-observed holidays. The meals may also be provided through a delivery or pick-up system if in-person dining is not permissible.

A. Contractor will be responsible for the following:

1. Providing a site manager who will be responsible for the overall management of the food service system including cleaning the City's trays and other daily cleanup. Site Manager will also be responsible for supervision of volunteers working in the following areas:
kitchen, reservations, setting tables, daily cash counting, table monitoring, silverware wrapping.
a. In case the site manager is ill, Contractor will provide a substitute site manager to ensure that the site manager's responsibilities listed above are continued. b. Both parties (City and Contractor) agree to review the number of assigned hours of the site manager if the above responsibilities are determined to be too much for both site manager and the volunteers.

2. Two (2) designees from the Covina Senior Center will represent the City at the Contractor's YWCA Senior Advisory council meeting held on a quarterly basis.

3. Site Manager's attendance at a monthly (or otherwise designated) City scheduled meeting regarding the Nutrition program is required.

4. Quality of Meals
a. If there is a meal that the seniors (majority) do not like, the City may request a meal substitution for that day at least two (2) weeks in advance to the Contractor. b. If the meal is not popular with overall senior participants, it can be requested by the City to the Contractor to be removed completely from the menu. This process may take two months.

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5. Providing nutrition paper goods and plastic silverware.

6. Provide to the City the Universal Intake form that each participant is required to complete annually and submit to the Site Manager.

7. Responsible financially for any shortfall of registered participant meals that might occur.

8. All grant negotiations, paperwork, monthly reports, etc.

9. Lunch serving time will be at 12 p.m. All participants will be served their meal at the table.

10. The Contractor shall retain the "suggested" meal donation fee collected after each meal served, which is $3.00 for individuals 60 and older. The Contractor must provide a monthly letter to the City which documents donations received as required for CDBG grant.

11. The Contractor will provide the City with closed Holiday Schedule by the end of December each year.

12. Site manager will provide 70 copies of the 1-month monthly meal calendar the week before the end of the current month or sooner if possible.

B. City will be responsible for the following:

1. Providing input regarding the overall food service program which includes, but is not limited to daily menus and evaluation of the caterer's performance at the Contractor's YWCA Senior Advisory council meetings.

2. Providing a telephone for the Contractor to contact YWCA office and/or caterer.

3. Ensuring participants complete required Community Development Block Grant (CDBG) Intake/Screen form, as well as distribution of the Universal Intake form provided by the Contractor.

4. Facilitating Nutrition reservations on a first-come, first-served system.

5. Facility building maintenance and repairs including daily janitorial services.

6. Providing paper goods and hand soap for restrooms.

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7. Providing supplies, including coffee, creamer, sugar, tea, stirrers, and cups.

8. Monthly pest control service and sending of the monthly pest control inspection reports to the Contractor.

9. Providing all necessary equipment for the operation of program, including refrigerator, sinks, serving trays,steam table with warming oven, and storage.

10. Providing program promotion including, Covina Today, social media, and city's website.

11. Providing the Contractor with observed/closed Holiday Schedule by December each year.

CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. CC 9
Meeting: July 1, 2025
Title: Award of Professional Services Agreements (PSAs) for Construction Support and Submittal Review Services to EC + Associates Engineering, Inc. for an Amount Not-toExceed $50,000 and Jake Martinez for an Amount Not-to-Exceed $50,000 Presented by: Rafael M. Fajardo, Director of Public Works/City Engineer Recommendation: 1. Award Professional Services Agreements (PSAs) for the Covina Recreation Village Project – Phase II – Library Building encompassing construction support and submittal review to EC + Associates Engineering, Inc. (structural engineering construction support services) for an amount not-to-exceed $50,000 and Jake Martinez (architectural construction support services) for an amount not-to-exceed $50,000 and authorize the City Manager to execute the PSAs; and

2. Adopt Resolution CC 2025-78, appropriating $100,000 from Measure CC Fund – Fund Balance to be transferred into the Parks CIP Fund in order to supplement both PSAs.

EXECUTIVE SUMMARY:

On June 3, 2025, the City Council approved a change order to the contract with Perera Construction and Design, Inc. for the Covina Recreation Village Project – Phase II – Library Building construction project in the amount of $9,276,796.36. The scope of Phase II includes the retrofitting of the existing easterly building to construct a new 14,140 square-foot library. With the addition of Phase II, the demand for additional construction support and submittal reviews has significantly increased due to numerous requests for information (RFI’s), construction submittals, and site visits/field observations to ensure the building’s design and architectural engineering adhere to industry compliance/standards.

DISCUSSION:

The original Covina Recreation Village Project designs prepared by Gonzalez Goodale Architects (GGA) recommend retrofitting the existing easterly building for the construction of the Library Building. However, the existing building has several structural deficiencies such as a missing foundation and bracing which create not only a safety issue but are also cost prohibitive to address. As a result of structural plans prepared by GGA requiring revision, the need for additional engineering and architectural services is paramount in an effort to sufficiently manage subsequent plan reviews and submittals, requests for information (RFI’s), and periodic field observations throughout this phase of the project. EC + Associates Engineering Inc. and Jake Martinez will provide architectural and structural support during construction.

City staff requested proposals from the City’s on-call engineering firms list for construction support and submittal review pertaining to the new Library Building. City staff received two (2) proposals with their respective fee schedules below:

Consultant Location Amount
EC + Associates Engineering Inc. (engineering services) Downey, CA $50,000 Jake Martinez (architectural services) Monrovia, CA $50,000

City staff recommends awarding Professional Services Agreements to EC + Associates Engineering, Inc. in an amount not-to-exceed $50,000 and Jake Martinez in an amount not-to-exceed $50,000 for construction support and submittal review related to the Covina Recreation Village - Phase II – Library Building project and adopting Resolution CC 2025-78 appropriating $100,000 from Measure CC Fund – Fund Balance to supplement the professional services agreements.

FISCAL IMPACT:

Funding in the amount of $100,000 will be appropriated from the City’s Measure CC Fund – Fund Balance to be transferred into the Parks CIP Fund and appropriated to account number 4600-3900-55100-P2202 via Resolution CC 2025-78 to cover all costs associated with the aforementioned professional services agreements. Unused fund balances pertaining to these agreements will be returned to the City’s Measure CC Fund at the conclusion of the Library Building construction project.

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,

Project: Citrus Recreation Village – East Library Building Please initial here: _______
EC + Associates Engineering, Inc.
www.ecaengineering.com
1412 Espanol Ave. Montebello, CA 90640 P: 562 708 3586
Confirmation of Agreement for
Providing Professional Services
Date: January 29,2025
Client: Rafael Fajardo
E: [email protected]
Subject: Citrus Recreation Village – East Library Building 640 N. Citrus Avenue
Covina, CA 91723
Dear Rafael;
We are pleased to submit the following proposal covering the performance of structural design services in connection with the above subject project.

The terms 'Engineer', 'He', and 'His' throughout this document refer to ‘EC and Associates Engineering, Inc.'.

For the consideration hereafter set forth, Engineer agrees to provide the following services:

Scope of Work:

Construction administration East Library Building – Construction Support and Submittal Review for a not-toexceed amount of $50,000.00.

Services Offered
We offer the following services with the corresponding fee preceding:
$ 50,000.00 Construction Administration.
$ 50,000.00 Total
Not included in the above services (unless specifically stated) are Title –24 Energy Compliance, Structural Observation, Soils Investigations, Engineering Surveys, or Specialty Consultants (such as Mechanical, Electrical, Civil and/or Geotechnical Engineers, Surveyors, etc.) Also, we assume standard conventional foundations will be sufficient to carry anticipated loads. If soil conditions are encountered at a later date that require special designs (expansive soils, deep foundations, etc.) an additional contract will be issued for such designs.

Fee Data
Our compensation for providing the above services, for the mutually agreed fee of $50,000.00 will be due:
$37,500.00 due upon signing this proposal and prior to commencing work, as a retainer. $12,500.00 due before project is emailed in PDF to Client for review.

Any significant changes (increase or decrease) in square footage area or configuration data cited under “Scope of Work” will cause the fee to be adjusted proportionately, as mutually agreed upon between the Client and Engineer.

Client agrees that any work resulting from changes to the plans made after the date indicated on ”Services Offered” shall be deemed extra work and shall be paid by Client according to Engineer’s standard fee schedule.

ATTACHMENT A

Project: Citrus Recreation Village – East Library Building Please initial here: _______
EC + Associates Engineering, Inc.
www.ecaengineering.com
1412 Espanol Ave. Montebello, CA 90640 P: 562 708 3586
The fee quoted under ”Services Offered” does not include any fees to be paid to the city and to any other professionals, such as a surveyor, soil engineer and any other city or county department’s clearances, public hearings, expediting, title 24 energy calculations etc. Time spent on these services will be charged extra, if needed.

Site improvements outside the structure, checking shop drawings by others, steel stair design, temporary shoring and designing field changes are not included in the fee quoted on ”Services Offered”, but can be requested by owner or agent to be additionally provided at the applicable hourly rate indicated in the Standard fee schedule below.

As-built structural information of all existing structural elements shall be provided by the client prior to commencing the design. The flat fee of this agreement does not include any cost or time to be spent to obtain such information.

If Client needs services beyond the scope of this contract, Engineer may require further written authorization from Client to carry out additional work either in form of a signed Request for Additional Engineering or as an additional Proposal and Contract for engineering services.

Client may terminate the Agreement at any time by sending a written notice to the Engineer. Client is responsible to pay for all work performed until the time of termination or the total balance remaining on the project, whichever is smaller. The value of work hours is calculated using Engineer’s standard fee schedule.

In addition, Client is required to pay for any out-of-pocket and reimbursable expenses spent on the project.

All such payments become due at the time of the termination.

Standard Fee Schedule
Principal $275.00 per hour
Project Engineer $175.00 per hour
Design Draftsmen $100.00 per hour
Office Administrator $ 40.00 per hour
Reimbursable Expenses Cost + 25%
Mileage 75 cents per mile
Requested Plotting performed in-house $ 5.00 per sheet
These hourly fees are valid for the current calendar year only. Reimbursable and out-of-pocket expenses, i.e., digital copies, messenger fees, permit fees, etc., will be charged as applicable.

Engineer shall not release plans or calculations without receipt of second payment. Client agrees to pay a late fee computed at 10% premium on any unpaid balance, unpaid 30 days after the date of Engineer's original invoice. The fee is due and payable whenever plans and calculations are ready for first submission, whether or not the Client applied for, or received, a building permit. Engineering includes minimum code requirements, detailing and specifications necessary to pass governmental review and to obtain a building permit only. If changes to the original plans are necessary due to requirements of the Building and Safety, inspector, contractor, or the design professionals prior to construction, causing an increase in the construction budget, these changes shall not be treated as damages, but rather as value added items, which would have increased the construction cost if they were included in the original plans. Client relieves Eduardo J. Carrillo personally and EC And Associates Engineering, Inc. as a company, for any and all responsibilities and liabilities associated with architectural services in connection with the project mentioned above, even if Eduardo J. Carrillo’s engineering stamp and signature may appear on the plans. Eduardo J.

Carrillo personally and EC And Associates Engineering, Inc., are responsible for the structural engineering part of the design only. Client and Engineer incorporate herein, make a part hereof, and agree to be bound by the standard provisions of this agreement.

Standard Provisions

1. The Client binds himself, his partners, successors, executors, administrators, and assigns to the Engineer to this agreement with respect to all of the terms and conditions of this agreement.

2. The Client shall pay the costs of checking and inspection fees, zoning and annexation application fees, assessment fees, soils engineering fees, soils testing fees and all other fees, permits, bond premiums, title company charges, blueprints and reproductions and all other charges not specifically covered by the terms of this agreement.

Project: Citrus Recreation Village – East Library Building Please initial here: _______
EC + Associates Engineering, Inc.
www.ecaengineering.com
1412 Espanol Ave. Montebello, CA 90640 P: 562 708 3586

3. All tracing, survey notes and other original documents as instruments of service remain the property of the Engineer, except where by law or precedent these documents become public property. The Client agrees to waive any and all claims against the Engineer and to defend, indemnify and hold the Engineer harmless from and against any and all claims, losses, liabilities and damages arising out of or resulting from the unauthorized use, reuse or alteration of the Engineer’s design, drawings and specifications.

4.Should litigation be necessary to enforce any term or provision of this agreement, or to collect any portion of the amount payable under this agreement, then all litigation and collection expenses, witness fees, court costs, and attorney's fees shall be paid to the prevailing party.

5.In the event all or any portion of the work prepared or partially prepared by the Engineer should be suspended, abandoned, or terminated, Client shall pay Engineer for the work performed on an hourly basis as stated hereon. The hourly compensation to Engineer calculated here under shall not exceed the maximum contract price agreed upon between the parties.

6.In the event that Client institutes a suit against Engineer because of any failure or alleged failure to perform, error, omission or negligence, and if such suit is not successfully prosecuted, or if it is dismissed, or if verdict is rendered for Engineer, Client agrees to pay Engineer any and all costs of defense, including attorney’s fees and court costs and any and all other expenses of defense which may be necessary, immediately following dismissal of the case or immediately upon verdict being rendered in behalf of Engineer.

7.Neither the Client nor Engineer shall assign his interest in this agreement to a third party without the written consent of the other.

8. No conditions or representations, altering, detracting from, or adding to the terms hereof shall be valid unless printed or written hereon or evidenced in writing by either party to this agreement and accepted in writing by the other.

9. Engineer shall not be responsible for damages or be in default or be deemed to be in default by reason of delays in performance, by reason of strikes, lockouts, accidents, acts of God, and other delays unavoidable or beyond Engineer’s reasonable control, or due to shortages or unavailability of labor at established area wage rate or delays caused by failure of Client or Client’s agents to furnish information or to approve or disapprove Engineer’s work promptly, or due to late, slow, or faulty performance by Client, other contractors, or governmental agencies, the performance of whose work is precedent to or concurrent with the performance of Engineer’s work. In the case of the happening of any such cause of delay, the time of completion shall be extended accordingly.

10. In the event that litigation be instituted under the terms and conditions of this agreement, the same is to be brought and tried in judicial jurisdiction of the court of the county in which the Engineer’s principal place of business is located and Client waives the right to have suit brought, or tried in, or removed to any other county or jurisdiction.

11. Engineer does not guarantee the quality of performance by the construction contractor or contractors, or other third parties, nor is he responsible for their acts or omissions.

12. Engineer makes no warranty, whether expressed or implied, as to its findings, recommendations, specifications, or professional advice except that these were promulgated after being prepared in accordance with generally accepted engineering practices and under the direction of registered professional engineers.

13. Engineer makes no representations concerning soil conditions unless specifically included in writing in this agreement, and he is not responsible for any liability that may arise out of the making or failure to make soil surveys, or sub-surface soil tests, or general soil testing.

14. In the event that any changes are made in the plans and specification by the Client or persons other than the Engineer, which affects the Engineer’s work, any and all liability arising out of such changes is waived as against the Engineer and the Client assumes full responsibility for such changes unless Client has given Engineer prior notice and has received from Engineer written consent for such changes.

15. The Engineer is not responsible, and liability is waived by Client as against Engineer, for use by Client or any other person of any plans or drawings not signed by Engineer.

16. The Client agrees that in accordance with generally accepted construction practices, the construction contractor will be required to assume sole and complete responsibility for job site conditions during the course of construction of the project, including safety of all persons and property; that this requirement shall be made to apply continuously and not be limited to normal working hours; and the Client further agrees to defend, indemnify and hold the Engineer harmless from any and all liability, real or alleged, in connection with the performance of work on this project, excepting liability arising from the sole negligence of the Engineer.

Project: Citrus Recreation Village – East Library Building Please initial here: _______
EC + Associates Engineering, Inc.
www.ecaengineering.com
1412 Espanol Ave. Montebello, CA 90640 P: 562 708 3586

17.The client agrees to limit the engineers Liability to the client and to all contractors and subcontracts on the project, due to professional negligent acts, errors or omissions of the Engineer to the sum of the Engineer’s fee.

18. The terms and provisions of this agreement shall not be construed to alter, waiver, or affect any lien or stop notice rights, which the Engineer may have for the performance of engineering services under this agreement.

19. In the event Client fails to pay Engineer promptly or within sixty (60) days after invoices are rendered, then Client agrees that Engineer shall have the right to consider said default a total breach of this agreement and the duties of the Engineer under this agreement terminated. In such event, Client shall then promptly pay Engineer for all of the fees, charges and services performed by Engineer based on an hourly rate as stated above.

20. There are no understandings or agreements except as herein expressly stated.

21. This proposal is valid for thirty (30) days only, unless signed and retainer is paid.

22. The Engineer’s services shall be performed in a manner consistent with the degree of skill and care ordinarily exercised by practicing design professionals performing similar services in the same location, at the same site and under the same or similar circumstances and conditions. The Engineer makes no other representations or warranties, whether expressed or implied, with respect to the services rendered hereunder.

In witness whereof, the parties have accepted, made and executed this Agreement on the terms, conditions and provisions stated above in this Proposal and Agreement, on the following day and date:

Respectfully submitted, Client:

EC AND ASSOCIATES ENGINEERING, INC.

NAME: __________________________
SIGNATURE: _______________________
____________________
Eduardo J. Carrillo
Authorized representative Date: ___________________________ Date: 6/16/2025
cc: File
Additional Agreements:
• Structural Observation and/or field visits (if required) at $850.00/visit. The structural observation fee will be due and collected at every visit at the time of service. Non-approved structural observations have to be revisited until approved.

Attn: Rafael Fajardo, Deputy Director of Public Works/City Engineer Proposal for Construction Administration Services
Project Name: Covina Recreation Village – East Warehouse Library Client: City of Covina, Public Works
Date: June 23, 2025

1. Scope of Services
Jake Martinez AIA proposes to provide Construction Administration (CA) services for the Covina Recreation Village – East Warehouse Library project, in accordance with the project’s construction documents and approved scope. Services shall include the following:
- Attendance at construction meetings (as needed).
- Review of contractor submittals and shop drawings for Architectural, Mechanical, Electrical and Plumbing.
- Response to Requests for Information (RFIs).
- Site observations to review general conformance with contract documents (as needed).
- Coordination with City on design related issues as required. - Preparation of architectural Supplemental Instructions. - Participation in punch list development and final project closeout.

2. Compensation
The fee for CA services will be provided on a time-and-materials basis, not to exceed $50,000 without prior written authorization. Billing will be submitted monthly based on the actual hours worked, according to the following hourly rate schedule:

Personnel Hourly Rate
Jake Martinez - Architect $ 120.00

3. Acceptance
We appreciate the opportunity to assist with this project. If this proposal meets your approval, please sign below. We look forward to supporting a successful construction process.

Authorized Signature – Client
Name: ___________________________
Title: ____________________________
Signature: ______________________
Date: ____________________________
Submitted by – Jake Martinez AIA
Name: _Jake Martinez AIA_____
Title: ____________________________
Signature: ______________________
Date: ____________________________
Principal in Charge 06/23/2025

ATTACHMENT B

ATTACHMENT C

PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement (“Agreement”) is dated July 1, 2025 (“Effective Date”) and is between the City of Covina, a California municipal corporation (“City”) and EC + Associates Engineering, a California corporation (“Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

RECITALS
A. City desires to utilize the services of Consultant as an independent contractor to provide construction support and submittal review services for the Covina Recreation Village Project – Phase II – Library.

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

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

The parties therefore agree as follows:

1. Term of Agreement. The term of this Agreement shall be from the Effective Date through June 30, 2026 unless sooner terminated as provided in Section 14 of this Agreement.

2. Compensation.

A. Compensation. As full compensation for Consultant’s services provided under this Agreement, City shall pay Consultant a sum not-to-exceed Fifty Thousand Dollars ($50,000) (the “maximum compensation”), based on the hourly rates set forth in the Approved Fee Schedule, attached hereto as Exhibit A. Any terms in Exhibit A, other than the payment rates and schedule of payment, are null and void.

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

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

3. Consultant’s Services.

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

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

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

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

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

F. Compliance with Laws. The Consultant shall keep itself informed of all local, state and federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City and its agents shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 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 professional engineering services, Consultant shall comply in all respects with all applicable provisions of the California Labor Code, including those set forth in Exhibit C.

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

4. Method of Payment.

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

B. Payment. City shall pay all undisputed invoice amounts within thirty (30) calendar days after receipt up to the maximum compensation set forth in Section 2 of this Agreement. City

shall not withhold federal payroll, state payroll or other taxes, or other similar deductions, from payments made to Consultant. For all reimbursements authorized by this Agreement, Consultant shall provide receipts on all reimbursable expenses in excess of Fifty Dollars ($50) in such form as approved by the Finance Director.

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

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

6. Independent Contractor.

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

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

B. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing

services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. Consultant shall be responsible for and pay all wages, salaries, benefits and other amounts due to Consultant’s personnel in connection with their performance of the services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, other retirement or pension benefits, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. Notwithstanding any other agency, state, or federal policy, rule, regulation, statute or ordinance to the contrary, Consultant and any of its officers, employees, agents, and subcontractors providing any of the services under this Agreement shall not become entitled to, and hereby waive any claims to, any wages, salaries, compensation, benefit or any incident of employment by City, including, but not limited to, eligibility to enroll in, or reinstate to membership in, the California Public Employees Retirement System (“PERS”) as an employee of City, and entitlement to any contribution to be paid by City for employer contributions or employee contributions for PERS benefits.

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

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

7. PERS Compliance and Indemnification.

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

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

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

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

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

10. Indemnification.

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

B. Other Indemnities.
1) Other than in the performance of design professional services, and to the fullest extent permitted by law, Consultant shall, at its sole cost and expense, defend, hold harmless and indemnify the Indemnitees from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, liens and losses of any nature whatsoever, including fees of accountants, attorneys or other professionals, and all costs associated therewith, and the payment of all consequential damages (collectively “Claims”), in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant, its officers, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of this

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

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

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

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

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

11. Insurance.

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

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

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

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

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

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

F. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be approved by City. At City’s option, Consultant shall either reduce or eliminate

the deductibles or self-insured retentions with respect to City, or Consultant shall procure a bond guaranteeing payment of losses and expenses.

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

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

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

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

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

12. Mutual Cooperation.

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

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

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

14. Termination or Suspension of Agreement.

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

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

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

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

If to City: If to Consultant:

Attn: Public Works, Engineering Attn: Eduardo Carrillo
City of Covina EC + Associates Engineering
125 E. College Street 1412 Espanol Ave
Covina, California 91723 Montebello, CA 90640

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

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: Christopher Marcarello
Title: City Manager
ATTEST:

By:

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

EC + Associates Engineering
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

APPROVED FEE SCHEDULE

EXHIBIT B

SCOPE OF SERVICES

EXHIBIT C

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

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

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

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

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

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

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

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

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

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

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

ATTACHMENT D

PROFESSIONAL SERVICES AGREEMENT
This Professional Services Agreement (“Agreement”) is dated July 1, 2025 (“Effective Date”) and is between the City of Covina, a California municipal corporation (“City”) and Jake Martinez, a Sole Proprietor (“Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

RECITALS
A. City desires to utilize the services of Consultant as an independent contractor to provide construction support and submittal review services for the Covina Recreation Village Project – Phase II – Library.

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

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

The parties therefore agree as follows:

1. Term of Agreement. The term of this Agreement shall be from the Effective Date through June 30, 2026 unless sooner terminated as provided in Section 14 of this Agreement.

2. Compensation.

A. Compensation. As full compensation for Consultant’s services provided under this Agreement, City shall pay Consultant a sum not-to-exceed Fifty Thousand Dollars ($50,000) (the “maximum compensation”), based on the hourly rates set forth in the Approved Fee Schedule, attached hereto as Exhibit A. Any terms in Exhibit A, other than the payment rates and schedule of payment, are null and void.

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

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

3. Consultant’s Services.

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

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

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

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

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

F. Compliance with Laws. The Consultant shall keep itself informed of all local, state and federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City and its agents shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 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 professional engineering services, Consultant shall comply in all respects with all applicable provisions of the California Labor Code, including those set forth in Exhibit C.

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

4. Method of Payment.

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

B. Payment. City shall pay all undisputed invoice amounts within thirty (30) calendar days after receipt up to the maximum compensation set forth in Section 2 of this Agreement. City

shall not withhold federal payroll, state payroll or other taxes, or other similar deductions, from payments made to Consultant. For all reimbursements authorized by this Agreement, Consultant shall provide receipts on all reimbursable expenses in excess of Fifty Dollars ($50) in such form as approved by the Finance Director.

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

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

6. Independent Contractor.

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

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

B. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing

services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. Consultant shall be responsible for and pay all wages, salaries, benefits and other amounts due to Consultant’s personnel in connection with their performance of the services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, other retirement or pension benefits, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. Notwithstanding any other agency, state, or federal policy, rule, regulation, statute or ordinance to the contrary, Consultant and any of its officers, employees, agents, and subcontractors providing any of the services under this Agreement shall not become entitled to, and hereby waive any claims to, any wages, salaries, compensation, benefit or any incident of employment by City, including, but not limited to, eligibility to enroll in, or reinstate to membership in, the California Public Employees Retirement System (“PERS”) as an employee of City, and entitlement to any contribution to be paid by City for employer contributions or employee contributions for PERS benefits.

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

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

7. PERS Compliance and Indemnification.

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

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

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

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

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

10. Indemnification.

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

B. Other Indemnities.
1) Other than in the performance of design professional services, and to the fullest extent permitted by law, Consultant shall, at its sole cost and expense, defend, hold harmless and indemnify the Indemnitees from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, liens and losses of any nature whatsoever, including fees of accountants, attorneys or other professionals, and all costs associated therewith, and the payment of all consequential damages (collectively “Claims”), in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant, its officers, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of this

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

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

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

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

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

11. Insurance.

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

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

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

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

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

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

F. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be approved by City. At City’s option, Consultant shall either reduce or eliminate

the deductibles or self-insured retentions with respect to City, or Consultant shall procure a bond guaranteeing payment of losses and expenses.

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

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

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

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

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

12. Mutual Cooperation.

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

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

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

14. Termination or Suspension of Agreement.

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

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

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

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

If to City: If to Consultant:

Attn: Public Works, Engineering Attn: Jake Martinez
City of Covina 729 Ocean View Avenue
125 E. College Street Monrovia, CA 91016
Covina, California 91723

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

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

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: Christopher Marcarello
Title: City Manager
ATTEST:

By:

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

Jake Martinez
a Sole Proprietor
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

APPROVED FEE SCHEDULE

EXHIBIT B

SCOPE OF SERVICES

EXHIBIT C

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

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

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

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

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

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

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

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

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

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

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

ATTACHMENT E
RESOLUTION CC 2025-78

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COVINA, CALIFORNIA, TO AMEND THE FISCAL YEAR 2025/2026 CAPITAL
IMPROVEMENT PROGRAM BUDGET AND APPROPRIATE $100,000
FROM MEASURE CC FUND – FUND BALANCE TO BE TRANSFERRED

INTO THE PARKS CIP FUND FOR USE TOWARDS CONSTRUCTION

SUPPORT AND SUBMITTAL REVIEW FOR THE COVINA
RECREATION VILLAGE PROJECT – PHASE II – LIBRARY
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 2026 Operating Budget & Capital Improvement Plan (CIP) was approved on May 6, 2025; 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 2025/2026 Capital Improvement Program Budget and appropriate $100,000 from Measure CC Fund – Fund Balance to be transferred into the Parks CIP Fund for use towards construction support and submittal review for the Covina Recreation Village Project – Phase II - Library.

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

SECTION 1. Amend the Fiscal Year 2025/2026 Operating Budget and Capital Improvement Program Budget and appropriate $100,000 from Measure CC Fund – Fund Balance to be transferred into the Parks CIP Fund as follows:

Account No. Account Description Amount ($) Increase/Decrease 1095-0000-
59140-P2202
Measure CC TransferCapital Projects FundCovina Recreation Village Project
$100,000 Increase
46003900-
49110-P2202
Parks CIP-Library SvcsTransfer In From GFCovina Recreation Village Project
$100,000 Increase
46003900-
55100-P2202
Parks CIP-Library SvcsBuildings and StructuresCovina Recreation Village Project
$100,000 Increase
SECTION 2. The City Clerk shall certify to the passage and adoption of this resolution and shall enter the same in the Book of Original Resolutions.

Resolution CC 2025-78 Page 2 of 2
APPROVED and PASSED this 1
st day of July, 2025.

City of Covina, California
BY:

VICTOR LINARES, 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 2025-78 was duly adopted by the City Council of the City of Covina at a regular meeting held on the 1
st day of July, 2025, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Dated:
_________________________________________
FABIAN VELEZ, Chief Deputy City Clerk

CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. CC 10
Meeting: July 1, 2025
Title: Adoption of Ordinance 25-05
Presented by: Chris Marcarello, City Manager
Recommendation: Adopt Ordinance 25-05 Entitled, “Updating Chapter 9.48 of the Covina Municipal Code to Identify Additional Areas Where Smoking Is Prohibited”.

EXECUTIVE SUMMARY:

Ordinance 25-05 (Attachment A) was approved at introduction by a 5-0 vote of the City Council at the June 17, 2025, City Council Meeting with an amendment made to include an expanded definition of electronic smoking devices.

BACKGROUND:

It is recommended that the City Council adopt the updated second reading of Ordinance 25-03 entitled, “Updating Chapter 9.48 of the Covina Municipal Code to Identify Additional Areas Where Smoking Is Prohibited”.

DISCUSSION:

There is no fiscal impact for the second reading and adoption of this ordinance.

CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):

Not applicable.

Respectfully submitted,

ATTACHMENT A
ORDINANCE 25-05

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COVINA, CALIFORNIA, UPDATING CHAPTER 9.48 OF THE COVINA

MUNICIPAL CODE TO IDENTIFY ADDITIONAL AREAS WHERE

SMOKING IS PROHIBITED

THE CITY COUNCIL OF THE CITY OF COVINA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. Findings. The City Council finds and declares as follows:

WHEREAS, Section VII of Article XI of the California Constitution provides that a City may make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws; and
WHEREAS, the United States Surgeon General, the United States Centers for Disease Control, and the California Environmental Protection Agency have each concluded that involuntary smoking by inhaling second-hand smoke poses a significant public health hazard and can cause lung cancer and heart disease; and
WHEREAS, the California Legislature enacted the “California Occupational Safety Health Act of 1973 in order to assure safe and healthful working conditions in California by, in part, limiting and/or prohibiting the smoking of tobacco products in “enclosed places of employment”; and
WHEREAS, California Labor Code section 6404.5 explicitly provides that any place not defined as a “place of employment” or other area where the smoking of tobacco products is not regulated by Labor Code section 6404.5(e) “shall be subject to local regulation of smoking of tobacco products”; and
WHEREAS, the California Legislature enacted the California Indoor Clean Air Act of 1976 and limited and/or prohibited smoking within certain specified areas frequented by the public in an effort to combat the health impact of tobacco smoking; and WHEREAS, California Health and Safety Code section 118910 explicitly provides that a local governing body may ban completely the smoking of tobacco, or may regulate smoking in any manner not inconsistent with the Indoor Clean Air Act or any other provision of state law; and WHEREAS, the City Council received a presentation on February 18, 2025 concerning the need for revisions to the City’s existing smoking restrictions found in Chapter 9.48 of the Covina Municipal Code; and
WHEREAS, tobacco use causes death and disease and continues to be an urgent public health threat, as evidenced by the following:

Ordinance 25-05 Page 2 of 6

1. The World Health Organization (WHO) estimates that tobacco kills up to half of its users, amounting to more than 8 million deaths each year worldwide, including nearly half a million people who die prematurely from smoking in the United States alone;

2. Tobacco use causes disease in nearly all organ systems and is responsible for an estimated 87% of lung cancer deaths, 32% of coronary heart disease deaths, and 79% of all chronic obstructive pulmonary disease deaths in the United States;

3. Despite significant progress, tobacco use remains the leading cause of preventable death and disease in the United States; and
WHEREAS, tobacco use is the number one cause of preventable death in California and continues to be an urgent public health issue, as evidenced by the following:

1. An estimated 40,000 California adults die from smoking annually;

2. Research indicates that more than 25% of all adult cancer deaths in California are attributable to smoking; and
WHEREAS, secondhand smoke has been repeatedly identified as a health hazard, as evidenced by the following:

1. In 2006, the U.S. surgeon general concluded that there is no risk-free level of exposure to secondhand smoke;

2. In 2006, the California Air Resources Board identified secondhand smoke as a toxic air contaminant, in the same category as the most toxic automotive and industrial air pollutants, and a serious health threat for which there is no safe level of exposure;

3. In 2006, the California Environmental Protection Agency added secondhand smoke to the Proposition 65 list of chemicals known to the state of California to cause cancer, birth defects, and other reproductive harm; and
WHEREAS, exposure to secondhand smoke anywhere has negative health impacts, and exposure to secondhand smoke can occur at significant levels outdoors, as evidenced by the following:

1. Levels of secondhand smoke exposure outdoors can reach levels recognized as hazardous, depending on direction and amount of wind, number and proximity of smokers, and enclosures like walls or roofs;

2. Smoking cigarettes near building entryways can increase air pollution levels by more than two times background levels, with maximum levels reaching the “hazardous” range on the United States EPA’s Air Quality Index;

3. To be completely free from exposure to secondhand smoke in outdoor places, a person may have to move at least 20 feet away from the source of the smoke, about the width of a two-lane road; and

Ordinance 25-05 Page 3 of 6
WHEREAS, electronic smoking device aerosol may be considered a health hazard, as evidenced by the following:

1. Research has found electronic smoking device aerosol contains at least 12 chemicals known to the State of California to cause cancer, birth defects, or other reproductive harm, such as formaldehyde, acetaldehyde, lead, nickel, chromium, arsenic, and toluene;

2. Electronic smoking device aerosol is not harmless water vapor as it contains varying concentrations of particles and chemicals with some studies finding particle sizes and nicotine concentrations similar to, or even exceeding, conventional cigarette smoke;

3. Evidence continues to build that exposure to electronic smoking device aerosol, including secondhand exposure, has immediate impacts on the human respiratory and cardiovascular systems, and poses a risk to human health;

4. Given the increasing prevalence of electronic smoking device use, especially among youth and young adults, widespread nicotine exposure resulting in addiction and other harmful consequences serious concerns; and
WHEREAS, secondhand cannabis smoke has been identified as a health hazard, as evidenced by the following:

1. The California Environmental Protection Agency includes cannabis smoke on the Proposition 65 list of chemicals known to the state of California to cause cancer;

2. Cannabis smoke contains at least 33 known carcinogens;

3. In one study, exposure to cannabis smoke in an unventilated setting resulted in detectible levels of cannabinoids in non-smoker participants’ blood and urine, and participants experienced minor increases in heart rate and impaired cognitive performance;

4. A recent systematic review of the literature concluded that secondhand exposure to cannabis smoke leads to cannabinoid metabolites in bodily fluids and individuals experiencing self-reported psychoactive effects; and
WHEREAS, laws restricting the use of tobacco products have recognizable benefits to public health and can reduce medical costs; these outcomes, consistently demonstrated in peer reviewed research, include the following:

1. Reduced prevalence of tobacco use;

2. Reduced secondhand smoke exposure, as measured by self-report and laboratory analysis of biomarkers or indoor air;

3. Increased cessation of tobacco use;

Ordinance 25-05 Page 4 of 6

4. Reduced initiation of tobacco use among young people;

5. Fewer hospitalizations from tobacco-related diseases, such as asthma and cardiovascular disease.

SECTION 2. Chapter 9.48 of the Covina Municipal Code is hereby amended as follows:

Section 9.48.010 is amended to read as follows:

A. “Alcoholic beverages” includes alcohol, spirits, liquor, wine, beer and every liquid containing one-half of one percent or more of alcohol by volume and which is fit for beverage purposes either alone or when diluted, mixed or combined with other substances.

B. “Bicycle” means a device upon which any person may ride, propelled exclusively by human power, except as provided in Section 312.5 of the California Vehicle Code, through a belt, chain, or gears, and having one or more wheels. An electric bicycle is a bicycle.

C. “Director” means a person immediately in charge of any park area and its activities, and to whom all park or recreation personnel of such area are responsible, or other person authorized by him, pursuant to law, to act in his stead.

D. “Electronic smoking device” means any device that may be used to deliver any aerosolized or vaporized substance to the person inhaling from the device, including, but not limited to, an e-cigarette, e-cigar, e-pipe, vape pen, or e-hookah.

E. “Motor vehicle” means any multi-wheeled, treaded, or sled-type vehicle that is propelled by a motor or engine. “Motor vehicles” includes any commonly known as a “motorized recreation vehicle,” and any self-propelled vehicle that is presently defined by Sections 400 and 405 of the Vehicle Code of the state as a motorcycle or motordriven vehicle.

F. “Narcotics and dangerous drugs” means those narcotics and drugs listed or defined in the Health and Safety Code of the state as now or hereafter amended.

G. “Park” means a park, reservation, playground, recreation center or any other area in the city, owned, managed, used or controlled by the city, and devoted to active or passive recreation. “Park” shall include the entire site of the park, including, without limitation, all structures thereon, any parking lots, and any public sidewalk adjacent to the park site.

H. “Person” means any person, firm, partnership, association, corporation, company or organization of any kind.

I. “Roller skate” or “in-line skate” means any shoe, boot or other footwear to which one or more wheels are attached and includes roller blades.

J. “Scooter” means any platform of any composition or size mounted between two or more wheels with an upright steering handle attached thereto.

K. “Smoke” or “smoking” means possessing, carrying, holding or burning of a cigarette, cigar, pipe, or any other lighted smoking product or equipment, including electronic smoking devices, used to burn any form of tobacco, weed, plant or any other similar

Ordinance 25-05 Page 5 of 6
combustible substance. “Smoke” or “smoking” also includes inhaling, exhaling or emitting the fumes of any lighted cigarette, cigar, pipe, or any other lighted smoking product or equipment used to burn any form of tobacco, weed, plant, or any other similar combustible substance.

L. “Skateboard” means any platform of any composition or size to which two or more wheels are attached and which is intended to be ridden or propelled by one or more persons standing or kneeling upon it and to which there is not affixed any seat or any other device or mechanism to turn and control the wheels.

M. “Other wheeled recreational device” means nonmotorized bicycles, scooters, in-line skates, roller skates, or wheelchairs being used for recreational purposes.

Section 9.48.020 is amended to include the following definitions:
“PUBLIC EVENT AREA. Any publicly-owned place used for an event open to the general public, regardless of any fee or age requirement, including a farmers’ market, parade, fair, or festival.

PUBLIC FACILITY. Any publicly-owned place building, parking lot, kiosk, bus stop or transit shelter that is open to the general public.”
Section 9.48.225 is amended to include the following language:
“Smoking is hereby prohibited in all public parks, at City-sponsored special events, in Cityowned public parking lots and within twenty (20) feet of public facilities within the city limits of the city of Covina.”
SECTION 3. The Council finds that this Ordinance is exempt from the provisions of the California Environmental Quality Act (“CEQA”), pursuant to CEQA Guidelines Section 15308, Actions by Regulatory Agencies for Protection of the Environment. This exemption applies to actions taken by regulatory agencies, as authorized by state or local ordinance, to assure the maintenance, restoration, enhancement, or protection of the environment where the regulatory process involves procedures for protection of the environment. The Ordinance is also exempt from CEQA pursuant to Guidelines Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the Ordinance will have a significant effect on the environment.

SECTION 4. Severability. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this ordinance. The City Council declares that it would have passed this ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.

SECTION 5. City Clerk Certification. The City Clerk shall certify to the adoption of this Ordinance and cause the same to be posted at the duly designated posting places with the City and published once within fifteen (15) days after passage and adoption as required by law; or, in the alternative, the City Clerk may cause to be published a summary of this Ordinance and post a

Ordinance 25-05 Page 6 of 6
certified copy of the text of this Ordinance in the Office of the City Clerk five (5) days prior to the date of adoption of this Ordinance, and within fifteen (15) days after adoption, the City Clerk shall cause to be published the aforementioned summary and shall post a certified copy of this Ordinance, together with the vote for and against the same, in the Office of the City Clerk.

PASSED, APPROVED, and ADOPTED this __ day of ____, 2025.

City of Covina, California
BY:

VICTOR LINARES, Mayor
ATTEST:
___________________________________________
FABIAN VELEZ, Chief Deputy City Clerk
APPROVED AS TO FORM:
____________________________________
City Attorney

CERTIFICATION
I, Fabian Velez, Chief Deputy City Clerk of the City of Covina, do hereby certify that Ordinance 25-05 was introduced for first reading at a regular meeting on the __ day of ____, 2025. Thereafter, said Ordinance was duly approved and adopted at a regular meeting of said City Council on the __ day of ____, 2025, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

Dated:

FABIAN VELEZ, Chief Deputy City Clerk

CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. CC 11
Meeting: July 1, 2025
Title: AB481 Annual Report for 2024
Presented by: Ric Walczak, Chief of Police
Recommendation: Review and Approve AB481 Annual Report for 2024.

EXECUTIVE SUMMARY:

AB481 requires a law enforcement agency to declare to the Governing Body (City Council) the Funding, Acquisition and Use of Military Equipment. Military Equipment is defined within AB481. AB481 requires a law enforcement agency to review and/or audit the Funding, Acquisition and Use of Military Equipment on an annual basis. The attached report includes a review and/or audit of year 2024 and declares the Police Department’s inventory, inventory description, training and budget projections pertaining to Military Equipment.

DISCUSSION:

Assembly Bill No. 481 (AB481) was approved by the Governor in September 2021. The Covina Police Department met the requirement of AB481 in 2023 as required. This included adopting a Military Equipment policy (706), creating an of inventory of equipment that met the definition of Military Equipment per AB481 and included other pertinent information about the equipment per AB481 requirements. This inventory/report was presented to the City Council by the Chief of Police in April 2022 and approved/adopted by ordinance. This inventory/report is completed on an annual basis. The inventory/report reviews year 2024 and introduces 2025 inventory.

FISCAL IMPACT:

None. Existing Police Department budget addresses projected 2025 costs.

CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):

Not Applicable
Respectfully submitted,

CITY OF COVINA

INTER-OFFICE MEMORANDUM

ATTACHMENT A
DATE: May 27, 2025
TO: Ric Walczak, Chief of Police
FROM: Keith Sutherland, Police Sergeant
SUBJECT: Annual Military Equipment Report-2024
Introduction
Assembly Bill (AB) 481 requires law enforcement agencies to obtain approval from the applicable governing body, the adoption of a military equipment use policy, as specified by ordinance, prior to taking actions related to the funding, acquisition or use of military equipment.

The term military equipment is defined within AB 481. Under this definition, military equipment is acquired and available to law enforcement through the military or private companies.

On March 15, 2022, the Covina Police Department (CPD) approved Policy Section 706, which includes our military equipment inventory and supporting documents. This policy and documents are maintained by the CPD and posted on our website which is available to the public. The policy was adopted by the applicable governing body (City Council) by ordinance on April 19, 2022.

CPD Policy § 706.7 requires an annual report to be submitted to the City Council for review via the Chief of Police as long as the military equipment is available for use. The report shall include information from the preceding calendar year for each type of military equipment listed within the inventory. This memorandum serves as the annual report covering the dates between January 1, 2024 through December 31, 2024.

Report
(1) Military Equipment Use and Purpose
In an effort to track the purpose of Military Equipment and use within the Department to address AB 481 reporting requirements, the Department utilizes a document to track this requirement which is maintained by the Support Services Captain. These documents were reviewed and utilized to prepare this memorandum. A summary of the use and purpose of use of military equipment during the above-mentioned dates is as follows:

2 Unit Date Incident No. AB 481 Equipment Used & Purpose ______ SRT 02/27/24 Training Robot

Purpose: The Special Response Team (SRT) conducted residential searches using the Robot. The Robot was used for training to search and locate possible suspects, victims or witnesses.

SRT 02/29/24 Search Warrant Pepper ball munitions / UAV / ARV Mamba / Command & Control Vehicle

Purpose: The Special Response Team (SRT) served a search warrant at 1017 W. 3rd. St in the City of Pomona. (2) pepper ball rounds were deployed at a subject and struck him in the lower mid-section. The subject was subsequently detained and arrested. ARV MAMBA was used during the operation for cover and concealment purposes. A designated Command & Control Vehicle was used for command purposes during the service of the search warrant. A UAV was used for surveillance, intelligence and tactical purposes.

SRT 03/05/24 Search Warrant ARV Mamba / UAV / Command & Control Vehicle / LRAD
Purpose: The Special Response Team (SRT) served a search warrant at 15162 Masline St., Baldwin Park. The ARV MAMBA was used during the operation for cover and concealment purposes. The LRAD (attached to the ARV MAMBA) was used to communicate with occupants at the residence during the service of the search warrant. A designated Command & Control Vehicle was used for command purposes during the service of the search warrant. A UAV was used for surveillance, intelligence and tactical purposes.

SRT 03/12/24 Training Chemical Munitions

Purpose: The Special Response Team (SRT) used (2) DefTec SpedeHeat devices, (1) DefTec Maximum Smoke device and (5) Pepperball Live-Maxx rounds during this training.

Operators were also exposed to CS gas and Pelargonic Acid Vanillyl amide (PAVA) during this training.

SRT 04/01/24 Training Noise Flash Device (NFD)

Purpose: Officer Jovanni Marquez who was assigned to the Special Response Team (SRT) used (1) NFD for training at Los Angeles County Sheriff Special Enforcement Bureau (SEB) basic SWAT school.

3 SRT 04/09/24 Training Chemical Munitions

Purpose: The Special Response Team (SRT) used (1) DefTec CS SpedeHeat, (1)Muzzle Blast CS device, Skat Shell CS device, and (1) Han Ball CS grenade during this training.

Operators were exposed to CS gas.

SRT 04/23/24 Training Robot / UAV

Purpose: The Special Response Team (SRT) conducted stealth searches using the Robot and UAV. The Robot and UAV were used for training to search and locate possible suspects, victims or witnesses.

SRT 05/28/24 Training Chemical Munitions / Kinetic Energy Munitions (Bean Bag)

Purpose: The Special Response Team (SRT) used (2) Flameless Tri-Chamber CS Devices and (4) 37mm CS Ferret projectiles during this training. Also utilized were (2) bean bag rounds for training purposes. During this training, operators were exposed to CS gas.

SRT 07/09/24 Search Warrant ARV Mamba / WCPD Bearcat / Command & Control Vehicle
Purpose: The Special Response Team (SRT) served a search warrant at 17015 E.

Brookport St., Covina The ARV MAMBA and WCPD Bearcat were used during the operation for cover and concealment purposes. A designated Command & Control Vehicle was used for command purposes during the service of the search warrant. A UAV was used for surveillance, intelligence and tactical purposes.

SRT 08/21/24 Search Warrant APD Bearcat / NFD / Command & Control Vehicle / LRAD
Purpose: The Special Response Team (SRT) served a search warrant at 827 Arcadia Ave Apt. E Arcadia. The Azusa PD Bearcat was used during the operation for cover and concealment purposes. Operator Ramirez deployed a NFD on the second story 4-side of the residence as a distraction as operators approached the front door. The mobile LRAD was used to make knock and notice announcements to the occupants inside the condominium. A designated Command & Control Vehicle was used for command purposes during the service of the search warrant.

Community 09/25/24 24-21398 ARV Mamba / UAV
Engagement
Purpose: The Department hosted National Night Out (NNO) at Heritage Park. ARV MAMBA and a UAV were used and displayed. Members of the Department discussed these devices and/or demonstrated the use of the equipment with the public.

4 SRT 10/10/24 Search Warrant APD Bearcat / UAV / Command & Control Vehicle
Purpose: The Special Response Team (SRT) served a search warrant at 4129 Alderson Ave., Baldwin Park. The Azusa PD Bearcat was used during the operation for cover and concealment purposes. A UAV was used for surveillance, intelligence and tactical purposes. A designated Command & Control Vehicle was used for command purposes during the service of the search warrant.

Patrol 10/12/24 24-16797 UAV / ARV Mamba / Command & Control Vehicle

Purpose: The Covina Police Department staffed the annual Thunderfest Car Show. The UAV was used during this event for surveillance, intelligence and tactical purposes. The ARV Mamba was parked in the 400 blk of N. Second Ave to block vehicular traffic on Citrus Ave.

The Command & Control Vehicle was designated for use for command purposes.

SRT 10/16/24 Training Chemical Munitions

Purpose: The Special Response Team (SRT) used (2) Flameless Tri-Chamber CS Devices during this training. During this training, operators were exposed to CS gas.

SRT 11/05/24 Search Warrant NFD
Purpose: The Special Response Team (SRT) assisted West Covina Police Department with serving a search warrant at 1125 Charlemont Ave in Hacienda Heights. During the service of the search warrant, a West Covina Operator deployed a NFD that was assigned to Officer G.

Hagle.

SRT 11/13/24 Training UAV

Purpose: The Special Response Team (SRT) conducted open area searches using the UAV. The UAV was used for training to search and locate possible suspects, victims or witnesses
SRT 12/18/24 Training UAV

Purpose: The Special Response Team (SRT) conducted building searches at the DEA Shoot house using the UAV. The UAV was used for training to search and locate possible barricaded suspects.

5 In 2024, the Department utilized (4) Unmanned Aerial Vehicles (UAV), commonly referred to as drones. The UAV devices are used by members of the the Department UAS Team. These devices were acquired through private donations and approved by City Council prior to their purchase. The devices were acquired for use for the purpose of supporting law enforcement operations within the Department. CPD policy section 606 governs the use of these devices. The following is a spreadsheet showing the use of each device by make/model and identification number. The spreadsheets indicate date used, the assigned incident number associated with the use and the total flight time. Flight time is measured numerically (.1 is equal or less than 6 minutes).

UAS Make/Model: Autel Evo 2
UAS Identification: U1
Date Incident # Total Flight Time
1/24/2024 24-1779 .3
1/27/2024 24-2018 .4
2/25/2024 24-4283 .2
2/25/2024 24-4284 .4
2/29/2024 24-4576 1.0
2/29/2024 24-4576 1.6
3/05/2024 24-5012 .8
3/13/2024 24-5872 .8
3/21/2024 Training .1
3/21/2024 Training .4
4/03/2024 24-7511 .2
7/03/2024 24-14787 .4
7/09/2024 24-15233 .9
8/01/2024 24-16933 .4
10/01/2024 24-21398 2.2
10/10/2024 24-22614 .9
11/13/2024 24-25568 .7

6 UAS Make/Model: Autel Lite
UAS Identification: U2 Champ
Date Incident # Total Flight Time
4/10/2024 24-7917 .3
5/14/2024 24-10714 .4

UAS Make/Model: DJI U3
UAS Identification: U3
Date Incident # Total Flight Time
2/29/2024 24-4576 .1
3/21/2024 Training .1
3/21/2024 Training .2
4/22/2024 24-8958 .3
11/13/2024 24-25568 .3
UAS Make/Model: DJI U4
UAS Identification: U4
Date Incident # Total Flight Time
NONE

(2) Complaints or Concerns
The CPD did not receive any complaints from the public regarding the use of military equipment as described under CPD Policy 706.10.
(3) Internal Audit, Violation(s) and Action(s)
An internal audit of how the Department used military equipment did not reveal any significant issues and/or violations that required any actions by the Department.

During the annual report audit in 2024, it was determined the method of determining the quantity for certain items in 2025 will be determined by rounds contained within the original manufacturer’s packaging for certain items, specifically certain rounds such as Pepperball. It was also determined that Bean Bag, 40mm projectiles and breaching rounds often times are

7 maintained in the original manufacturer’s packaging or stored on a designated side saddle with the the launcher and/or shotgun. Symbols used to designate Greater Than ( > ), Less Than ( < ) and an asterisk ( * ) will be used on the inventory document when applicable. The inventory document will contain a legend explaining the meaning of the symbol. (4) Annual Cost
The City Council approved the Military Equipment Inventory report in 2024. This document included the projected annual cost (funds) for the acquisition, maintenance, repair, upgrade, replacement and ongoing costs associated with military equipment. Equipment is assigned an item number within this inventory list and will be referred to by number henceforth.

Item numbers 1-18 (Ground Robots) did not require any funds as projected in 2024. The majority of these items are not operational and kept for parts.

Item number 19 (ARV-MRAP) did not require any funds as projected in 2024. In June 2023, the MRAP was diagnosed with an electrical issue and is currently not operational.

Item number 20 (ARV-MAMBA) had maintenance related costs in 2024. The right front wheel cylinder had leakage, which led to an inspection of the drivetrain. Other axle and hub related issues were found and fixed. Repairs were made by Performance Truck Repair costing $7,974.48. In July of 2024, the MAMBA had a flat tire. Performance Truck Repair responded to the station and fixed the issue costing $592.00. Fuel related costs for the ARV-MAMBA are acquired through the fuel tank dispensary system at Public Works and billed to the Department.

The MAMBA is currently operational.

Item numbers 21-25 (LRAD) did not require any funds as projected in 2024.

Item number 26 (Noise Flash Device) The Police Department purchased (5) DefTech Noise Distraction Devices from Adamson Police Products resulting in a cost of $186.65.

Item number 27 (Spede-Heat CS) The Police Department purchased (10) Spede-heat #1072 from Adamson Police Products resulting in a cost of $337.00.

Item numbers 28 (Flameless Tri-Chamber CS Munitions) did not require any funds as projected in 2024.

Item number 29 (5230B Indoor CS Muntions) The Police Department purchased (10) 5230B indoor baffled CS canisters from Adamson Police Products resulting in a cost of $337.00.

Item number 30-51 (Chemical Agent Kit and related contents / Launcher / Pepperball / 40mm munitions) did not require any funds as projected in 2024.

Item numbers 52 (Bean Bag Munitions) The Police Department purchased (100) 12ga. Drag Stablizing Bean Bag munitions from Adamson Police Products resulting in a cost of $728.80.

8 Item numbers 53-54 (Breaching Munitions / Launching Devices) did not require any funds as projected in 2024.

Item numbers 55 and 56 (Aerial-Drone) or UAV devices were acquired in 2022 and mentioned in the Annual Military Equipment Report in 2024. These devices are utilized by the Department by UAS personnel for Department and/or City related incidents as outlined above. Registration for these devices is current. Accessories for these devices, specifically batteries, were purchased for the purpose of expanding total flight time capability and paid for by the existing PD budget.

Item number 57 (Command Vehicle) was acquired in 2024. This vehicle was acquired through the Cannabis Tax Fund Grant Program (CTFGP) which is managed by the California Highway Patrol (CHP) through designated Department personnel. This vehicle was mentioned in the Annual Military Equipment Report-2024 on page 8. This vehicle was added to the Military Equipment Inventory in 2024. The vehicle is operational and the desired equipment, such as radios and other items are being currently installed for command and control purposes.

Items numbers 58 and 59 (Aerial-Drone or UAV devices manufactured by DJI were acquired in 2024 through a private donation to the Covina Police Foundation. The Covina Police Foundation assisted the Department acquiring two additional UAV devices, primarily designed for interior use, which expands the capabilities of the overall UAS Program. These devices were added to the Military Equipment Inventory in 2024. There has been minimal normal expenses for the UAV devices in 2024. These expenses include additional cables, batteries and cases that did not exceed $200.00.
(5) Quantity
See attached CPD Military Equipment Inventory-2024 document for further details. The symbols for Greater Than ( > ) and Less Than ( < ) are used when applicable for items 51 and 52.

Items 51 and 52 are generally removed from the original manufacturer packaging and placed within a side saddle on the designated device. The asterisk symbol ( * ) is also used for item number 41. The asterisk symbol does not include single rounds located within the launcher hopper or similar separate storage device.
(6) Additional Military Equipment-2024
The Department will be researching available grant funding for additional military equipment, specifically (1) armored vehicle, such as a Lenco Bearcat or similar armored vehicle plus additional UAV devices to supplement the UAS program. The purpose of researching grant funding pertaining to an armored vehicle is to replace and/or add an armored vehicle to our existing inventory. The purpose of the researching additional UAV devices is to supplement and expand our UAS program. A possible source of funding for the UAV devices will be private donations.

9 The Department may need to acquire and/or replenish a certain quantity of items listed within the Military Equipment Inventory-2025 document, specifically breaching, NFD, chemical and kinetic munitions, in order to maintain stock of these items for future law enforcement use. The type (make and manufacturer) would be similar to those listed in the Military Equipment Inventory-2025 document and quantity would be determined based on projected need at time of purchase.

Any other military equipment, that falls outside or is not reflected in the Military Equipment Inventory-2025 document, sought by the Department will be brought to the attention of the City Council.

Other
The Department maintains a relationship with the Law Enforcement Support Office (LESO) Program. Designated equipment within the Military Equipment-2025 document that was acquired directly from the US Military was audited by LESO personnel on April 10, 2024. The Department passed this audit. Designated Department personnel are assigned to manage the equipment associated with the LESO Program.

Conclusion
Department Policy 706 pertains to military equipment as defined by AB 481. The purpose of this policy is to provide guidelines for the approval, acquisition and reporting requirements of military equipment per Government Code 7070, Government Code 7071 and Government Code 7072. This memorandum serves as the 2024 Military Equipment Annual Report and will be submitted to the Chief of Police. Upon approval by the Chief of Police, the report will be submitted to the City Council and posted on the Department website as required by legislation.

Within (30) days of submitting and publicly releasing this report, the Department will announce a community engagement meeting as required by legislation.

Submitted by: Keith Sutherland, Police Sergeant
Reviewed & Approved by: Ric Walczak, Chief of Police
Signature:

Date:

10 Report Release to Public Date via Department Website: TBD Public Meeting (within 30 Days of Report Release)
 Date: TBD
 Time: TBD
 Location: Covina Police Department
444 N. Citrus Ave Covina, CA 91723
 Publication of Meeting and Source: Department Website

ATTACHMENT

COVINA POLICE DEPARTMENT
AB 481 MILITARY EQUIPMENT
(MAY 2024)

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706.4 MILITARY EQUIPMENT INVENTORY-MAY 2024 (ATTACHMENT) The following spreadsheet constitutes a list of qualifying equipment for the Department:
(See Attached Excel Spreadsheet)
The following information pertains to the qualifying equipment on the spreadsheet. Sections entitled description and capabilities, quantity, cost, expected lifespan, purpose, fiscal impact, legal and procedural and training are described further within each category.

Item number 1 through 18 - Ground Vehicle (Robot)
Description/Capabilities: The robots are controlled via remote control and powered with a lithium battery. Inventory contains three different models varying in size and ability. These robots are used, not all are operational and are designated as active or non-active. Non-active robots are used for spare parts and/or are placed in reserve status for future use if necessary.

Quantity: Refer to Attachment.

Cost: No initial cost. Acquired through the Law Enforcement Support-LESO/1033 program.

Refer to Attachment. Listed cost is based on US Government initial cost if available.

Expected Lifespan: An active unit’s lifespan is approximately 3-5 years based on routine use, maintenance and parts. A non-active unit is stored for parts and are placed in reserve status.

Purpose: The robots are primarily used by the Department’s tactical team however can be used by all Department personnel. Robots are placed into an area, building, room and other places prior to entry by Department personnel for safety reasons. Robots could be used for natural disaster and/or for non-emergency purposes where risk of entry to an area, building, room and other places exists. All robots have video capability and one model has the ability to move small objects.

Fiscal Impact: The robots were acquired through the LESO program with no initial cost to the Department. Annual maintenance cost is approximately $100.00.

Legal and Procedural: Ground robots equipped with audio equipment (if applicable) may require a search warrant based on use if used for law enforcement purposes. Designated Department personnel have attended training related to this issue.

Training: Training on the robots is done in-house and in a controlled setting and/or environment prior to deployment in the field.

Item number 19 - MRAP (Mine Resistant Ambush Protected) - Armored Vehicle Description/Capabilities: The MRAP is a four-wheeled armored vehicle made by MAXXPRO.

The vehicle has two side doors, two roof openings and one large rear facing door. The vehicle has air brakes, contains numerous seats inside and several outside storage lockers for equipment.

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The vehicle is identified with Department markings, equipped with additional lighting, a unit control system and a police radio.

Quantity: 1
Cost: No initial cost. Acquired through the Law Enforcement Support-LESO/1033 program.

Refer to Attachment. Listed cost is based on US Government initial cost if available.

Expected Lifespan: Approximately 7-10 years based on routine use, maintenance and parts availability.

Purpose: The MRAP is used to transport Department personnel, primarily tactical team members, to designated high-risk law enforcement operations. The armor on this vehicle provides protection from firearm projectiles and/or other projectiles. This vehicle can also be used as a rescue vehicle due to its ballistic protection.

Fiscal Impact: The MRAP was acquired from a military base in El Paso, Texas. Two members of the Department traveled to El Paso, Texas and drove the vehicle to Covina, California. Initial cost was airfare, lodging, food, fuel costs and was completed on-duty. There are on-going costs to ensure Class B licensing requirements through a trainer and/or the California DMV which is covered with the annual Department budget which occurs on occasion. Annual maintenance cost of the vehicle is done through a local heavy equipment/vehicle service company which is part of the annual Department budget. Additional equipment, such as tires, have been acquired through the LESO program and are stored at our local heavy equipment/vehicle service company.

Annual cost including fuel is approximately $5,000.000 and is part of the annual Department budget.

Legal and Procedural: Class B licensing requirement except in an emergency situation.

Training: Designated personnel initially completed in-house training with members of the US Military. Designated personnel also attain their California Class B license. Designated personnel have attended specific training on the use of armored vehicles in a law enforcement setting from an outside training source. In-house training occurs on an annual basis.

Item number 20 - MAMBA Armored Personnel Carrier - Armored Vehicle Description/Capabilities: The MAMBA is a four-wheeled armored vehicle made by Reumach OMC. The vehicle has one rear door, two roof openings and numerous seats inside the vehicle.

The vehicle contains several outside lockers for equipment storage and platforms were added to allow personnel to stand alongside the vehicle while in transit. The vehicle is clearly identified with Department markings and equipped with additional lighting, a unit control system and a police radio. This vehicle can also be used as a rescue vehicle due to its ballistic protection.

Quantity: 1

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Cost: No initial cost. Acquired through the Law Enforcement Support-LESO/1033 program.

Refer to Attachment. Listed cost is based on US Government initial cost if available.

Expected Lifespan: Approximately 1-3 years based on routine use, maintenance and parts availability.

Purpose: The MAMBA is used to transport Department personnel, primarily tactical team members, to designated high-risk law enforcement details. The armor on this vehicle provides protection from firearm projectiles and/or other projectiles. This vehicle can also be used as a rescue vehicle due to its ballistic protection.

Fiscal Impact: The MAMBA was acquired from another law enforcement agency in Los Angeles County that was a part of the LESO program. Initial cost to restore the vehicle for use was done in conjunction with a local auto body company and heavy vehicle/equipment service company which was donated to the Department. On-going costs to ensure Class B licensing requirements through a trainer and/or California DMV which is part of the Department budget occurs on occasion. Annual maintenance of the vehicle is done through a local heavy equipment/vehicle service company which is part of the Department budget. Annual cost including fuel is approximately $4,000.00 and is part of the Department budget.

Legal and Procedural: Class B licensing requirement except in an emergency situation.

Training: Designated personnel initially completed in-house training with members of the US Military. Designated personnel also attain their California Class B license. Designated personnel have also attended training on the use of armored vehicles in a law enforcement setting from an outside training source. Tactical team members conduct designated annual training with this vehicle. All sworn personnel receive basic operations in-house training on this vehicle.

Item number 21 through 25 - LRAD (Long-Range Acoustic Device) Description/Capabilities: The LRAD is a speaker and sound energy system developed by (LRAD Corporation) Genasys.

Quantity: Refer to Attachment.

Cost: No initial cost. Acquired through the Law Enforcement Support-LESO Program/1033 Program. Refer to Attachment. Listed cost is based on US Government initial cost if available.

Expected Lifespan: Approximately 20 years based on routine use and maintenance.

Purpose: The LRAD is a speaker system used to communicate commands to an individual and/or a group of individuals. The system has the ability to deliver higher than normal loud sounds over various distances. Portable LRAD devices are often times used at outside training locations to communicate with Department personnel. Designated LRAD devices are placed on armored vehicles and used to communicate to people during tactical operations.

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Fiscal Impact: The LRAD device(s) was acquired through the LESO program. Annual cost is approximately $100.00.

Legal and Procedural: Department Directive (Policy 16-03).

Training: Designated personnel initially completed in-house training with members of the US Military.

Item number 26 - Noise Flash Device (NFD)
Description/Capabilities: An NFD is a less lethal munition. The NFD used by the Department is reloadable type #8901 by Defense Technology. The NFD is placed into a metal cylindrical shaped body with ports. The metal cylindrical shaped body can be reused based on the manufacturer’s specifications.

Quantity: Refer to Attachment.

Cost: Refer to Attachment.

Expected Lifespan: One time use for an NFD. Expiration is based on the Manufacturer’s designated date of manufacture. Metal cylindrical shaped body needs replacement after designated number of deployments per the manufacturer.

Purpose: An NFD is used to facilitate an effective resolution to assaultive or high-risk situations where distracting, disorienting or moving an individual or group of people, to effect an arrest or clear an area is desired.

Fiscal Impact: Initial cost was covered within the annual Department budget. Munitions are purchased based on need and/or stock. Additional equipment, specifically storage containers designed for NFD storage, and metal cylindrical shaped bodies are purchased through the annual Department budget. Annual cost is approximately $250.00.

Legal and Procedural: Primarily a tactical team deployment munition. Department Policy section 404, applicable related Department procedures and the law. Authority to use certain munitions is based on the Department Policy and procedures considering the tactical operation and the law. These devices are controlled by ATF and a separate usage log is maintained by the Department. Devices are stored in approved storage containers.

Training: Initial training in the use of an NFD generally occurs at the POST certified 80-hour SWAT course. In-house training for designated personnel occurs on an annual basis from trained instructors. Trained instructors also receive additional training from the manufacturer and/or vendor prior to sale of NFD devices to the Department.

Item number 27 through 36 - CS (2-chlorobenzalmalmalononitrile) Gas, CN (chloroacetophenone), Smoke and OC (Oleoresin Capsicum)

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Description/Capabilities: CS gas, CN gas, smoke and OC are encased in metal devices by the manufacturer. CS gas, CN gas, smoke and OC devices are clearly marked and the manufacturer has developed different models which vary in size and method the product is released. The Military Equipment Inventory List contains the manufacturer of the product and model number for each munition. Detailed information on these products is available on the manufacturer’s internet site. Smoke is not a CS gas, CN gas nor an OC product. Smoke is maintained within this list for inventory purposes only. OC is commonly referred to as pepper spray. Refer to the Military Equipment Inventory List for further information.

Quantity: Refer to Attachment.

Cost: Refer to Attachment.

Expected Lifespan: One time use on CS/CN gas and smoke. Expiration on these munitions is based on manufacturer’s date of manufacture. OC lifespan is based on quantity dispersed and manufacturer’s specifications.

Purpose: CS/CN gas, smoke and OC munitions can be used by Department patrol, tactical team and/or Area D personnel for tactical operations. This supply is primarily maintained for tactical team and Area D purposes related to high risk, barricade and/or mobile field force situations.

Smoke can also be used for concealment purposes during tactical operations.

Fiscal Impact: Initial cost was covered within the annual Department budget. Annual cost is approximately $250.00. Munitions are purchased based on need and/or stock.

Legal and Procedural: Department Policy sections 300, 302, 404, 430, applicable related Department procedures and the law. Penal Code 13652 and related sections. Authority to use certain munitions is based on the Department Policy and procedures considering the tactical operation and the law.

Training: Department personnel receive initial chemical agent munitions training in the police academy. Additional training is done through in-house training prior to the field officer training program. Tactical team personnel receive training during their 80-hour POST certified SWAT school. Tactical team personnel also receive annual in-house training from trained instructors.

Area D personnel attend annual training from trained instructors. Remaining personnel receive on-going training on an annual basis during firearms training however this training primarily focuses on the deployment of gas masks and an overview of chemical agent munitions.

Item number 37 containing CS (2-chlorobenzalmalononitrile) Gas, Smoke and OC (Oleoresin Capsicum)
Description/Capabilities: Item number 37 is a Crowd Control Chemical Agent Module/Kit assembled by Aardvark Tactical. The three boxes contain Defense Technology CS chemical agents, smoke and OC munitions. The Military Equipment Inventory List contains the manufacturer of the product and model number of each munition. Detailed information on these products is available on the manufacturer’s internet site. Smoke is not a CS gas product nor an

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OC product. Smoke is maintained within this list for inventory purposes only. OC is commonly referred to as pepper spray. Refer to the Military Equipment List for further information.

Quantity: Refer to Attachment.

Cost: No initial cost. Purchased by a local business. Refer to Attachment.

Expected Lifespan: One time use on CS gas and smoke. Expiration based on manufacturer’s designated date of manufacture. OC lifespan is based on quantity dispersed and manufacturer’s specifications.

Purpose: Patrol and tactical operations. Can be used by patrol, tactical team and/or Area D personnel. This module/kit is primarily maintained for Mobile Field Force operations.

Fiscal Impact: Annual cost is approximately $250.00. There will be a cost to replace used and/or expired munitions based on market value of device to be replaced in order to maintain listed purpose. Munitions are purchased based on need and/or stock.

Legal and Procedural: Department Policy sections 300, 302, 404, 430, applicable related Department procedures and the law. Penal Code 13652 and related sections. Authority to use certain munitions is based on the Department Policy and procedures considering the tactical operation and the law.

Training: Department personnel receive initial chemical agent training in the police academy.

Additional training is done through in-house training prior to the field officer training program.

Tactical team personnel receive additional training during their 80-hour SWAT school. Tactical team personnel receive on-going in-house training from trained instructors. Area D personnel attend annual training on an annual basis from trained instructors. Remaining personnel receive on-going training on an annual basis during firearms training however this training primarily focuses on the deployment of gas masks and an overview of chemical agent munitions.

Item number 38 - 40MM LMT Launcher
Description/Capabilities: The 40MM LMT launcher by Defense Technology is a lightweight single shot 40 MM launcher. The launcher comes equipped with a picatinny rail mounting system with a bead sight which will accept a wide array of enhanced optics or sighting systems.

A sling can be applied and used for carrying purposes.

Quantity: Refer to Attachment.

Cost: No initial cost. Purchased by a local business. Refer to Attachment.

Expected Lifespan: Approximately 25 years based on routine use and maintenance.

Purpose: Launches standard 40MM less lethal munitions for law enforcement purposes in accordance with existing Department policy.

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Fiscal Impact: Annual cost is approximately $25.00.

Legal and Procedural: Department Policy sections 300, 302, 404, 430, applicable related Department procedures and the law. Penal Code 13652 and related sections. Authority to use certain munitions is based on the Department Policy and procedures considering the tactical operation and the law.

Training: Department personnel receive initial and on-going in-house training on the deployment of the 40MM LMT launcher. Item is similar to Department owned 40MM model 1325 and 37MM launchers.

Item number 39 through 40 - 37MM Launcher
Description/Capabilities: The 37MM launcher is a single shot munitions launcher by Defense Technology. The launcher has a bead sight and a sling can be applied for carrying purposes.

Quantity: Refer to Attachment.

Cost: Refer to Attachment.

Expected Lifespan: Approximately 3-5 years based on routine use and maintenance.

Department is considering phasing this equipment out and replacing it with similar 40MM equipment.

Purpose: Launches standard 37MM less lethal munitions. These launchers are specifically designated to the Tactical Team for 37MM chemical agent deployment.

Fiscal Impact: Item is 20+ years old however operates effectively. Annual maintenance cost is approximately $25.00.

Legal and Procedural: Department Policy sections 300, 302, 404, 430, applicable related Department procedures and the law. Penal Code 13652 and related sections. Authority to use certain munitions is based on the Department Policy and procedures considering the tactical operation and the law.

Training: Designated Department personnel receive initial and on-going in-house training on the deployment of 37MM launcher. It is similar to the 40MM model 1325 and LMT launchers.

Item number 41 - Pepperball
Description/Capabilities: Pepperball PAVA powder projectiles by Pepperball are plastic spheres that are filled with OC (Oleoresin Capsicum) based product. Projectiles are launched from a device commonly referred to as a launcher which is similar to a launcher used to launch paintball products.

Quantity: Refer to Attachment.

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Cost: Refer to Attachment.

Expected Lifespan: Single use. Expiration based on manufacturer’s designated date of manufacture.

Purpose: Patrol and tactical operations. Projectiles can be launched into an area, vehicle and/or at person(s).

Fiscal Impact: Initial cost was covered within the annual Department budget. Munitions are purchased based on need and/or stock. Annual cost is approximately $ 750.00.

Legal and Procedural: Department Policy sections 300, 302, 404, 430, applicable related Department procedures and the law. Penal Code 13652 and related sections. Authority to use certain munitions is based on the Department Policy and procedures considering the tactical operation and the law.

Training: Department personnel receive initial chemical agent training in the police academy.

Additional training is done through in-house training prior to the field officer training program.

Tactical team personnel generally receive additional training during their 80-hour SWAT school.

Tactical team personnel receive on-going in-house training from certified instructors. Area D personnel attend annual training with tactical team personnel on an annual basis from certified instructors. Remaining personnel receive on-going training on an annual basis during firearms training.

Item number 42 through 46 - Pepperball Launcher
Description/Capabilities: A Pepperball launcher is a compressed air propelled less-lethal device used to launch Pepperball munitions. Pepperball munitions are placed in a hopper (storage container) which is attached to the launcher. A sling can be applied for carrying purposes. Refer to Military Equipment List for manufacturer/model information.

Quantity: Refer to Attachment.

Cost: Refer to Attachment.

Expected Lifespan: Approximately 7-10 years based on routine use and maintenance.

Purpose: The launcher is used to deliver desired Pepperball munitions in a patrol and/or tactical operations. Primarily used to deliver Oleoresin Capsicum agent however inert powder and glass breaking projectiles can be deployed in this launcher based on the tactical situation and/or mission.

Fiscal Impact: Initial cost was covered within the annual Department budget. Annual maintenance cost is approximately $200.00.

Legal and Procedural: Department Policy sections 300, 302, 404, 430, applicable related Department procedures and the law. Penal Code 13652 and related sections. Authority to use

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certain munitions is based on the Department Policy and procedures considering the tactical operation and the law.

Training: Department personnel receive initial training prior to the field training officer program. Tactical team and Area D personnel receive additional in-house training from trained instructors. Additional training to remaining Department personnel occurs on an annual basis by trained instructors.

Item number 47 through 50 - 40MM Model 1325 Launcher
Description/Capabilities: The 40MM model 1325 is a single-shot launcher by Defense Technology. The launcher comes equipped with a picatinny rail mounting system with a bead sight which will accept a wide array of enhanced optics/sighting systems. A sling can be applied and used for carrying purposes.

Quantity: Refer to Attachment.

Cost: Refer to Attachment.

Expected Lifespan: Approximately 25 years based on routine use and maintenance.

Purpose: Device launches standard 40MM less lethal munitions for law enforcement purposes as a less lethal option.

Fiscal Impact: Initial cost was covered within annual Department budget. Annual maintenance cost is approximately $100.00.

Legal and Procedural: Department Policy sections 300, 302, 404, 430, applicable related Department procedures and the law. Penal Code 13652 and related sections. Authority to use certain munitions is based on the Department Policy and procedures considering the tactical operation and the law.

Training: Department personnel receive initial training through in-house training prior to the field officer training program. Department personnel also receive annual in-house training on the deployment of the 40MM launcher. Item is similar to the Department owned 40MM LMT and 37MM launchers.

Item number 51 - 40MM Munition
Description/Capabilities: The model 6325 exact impact 40MM munition by Defense Technology is a high-speed soft round less lethal projectile. The round has a plastic body and a blue colored sponge nose.

Quantity: Refer to Attachment.

Cost: Refer to Attachment.

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Expected Lifespan: Single use.

Purpose: The model 6325 exact impact 40MM projectile can be used in less lethal patrol and tactical situations as a less lethal option. A specialty impact munition to be used as a dynamic, high energy, single target round for incapacitation or the distraction of a non-compliant aggressive subject.

Fiscal Impact: Initial cost was covered within annual Department budget. Munitions are purchased based on need and/or stock. Annual cost is approximately $300.00.

Legal and Procedural: Department Policy sections 300, 302, 404, 430, applicable related Department procedures and the law. Penal Code 13652 and related sections. Authority to use certain munitions is based on the Department Policy and procedures considering the tactical operation and the law.

Training: Department personnel receive initial training through in-house training prior to the field officer training program. Department personnel also receive annual in-house training on the deployment of 40MM projectiles.

Item number 52 - 12 Gauge Bean Bag Munition
Description/Capabilities: The bean bag munition by Defense Technology is a translucent 12- gauge shell loaded with a 40-gram, tear shaped bag made from cotton and ballistic material blend and filled with #9 shot. This design utilizes four stabilizing tails. The round utilizes a smokeless powder as the propellant. The munition is launched from a designated Department owned shotgun (Remington 870 12-gauge).

Quantity: Refer to Attachment.

Cost: Refer to Attachment.

Expected Lifespan: Single use.

Purpose: The bean bag munition can be used in less lethal patrol and tactical situations as a less lethal option. A specialty impact munition to be used as a dynamic, high energy, single target round for incapacitation or the distraction of a non-compliant aggressive subject.

Fiscal Impact: Initial cost was covered within the annual Department budget. Munitions are purchased based on need and/or stock. Annual cost is approximately $300.00.

Legal and Procedural: Department Policy sections 300, 302, 404, 430, applicable related Department procedures and the law. Penal Code 13652 and related sections. Authority to use certain munitions is based on the Department Policy and procedures considering the tactical operation and the law.

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Training: Department personnel receive initial and on-going in-house training on the use of 12- gauge beanbag projectiles from designated Remington 870 12-gauge Department owned shotguns on an annual basis.

Item number 53 - 12 Gauge Breaching Munition
Description/Capabilities: The breaching munition by Defense Technology is a translucent 12- gauge shell loaded with a compressed zinc slug. The munition is launched from a designated Department owned shotgun (Remington 870 12-gauge) with a specialized barrel that contains a serrated front edge or standoff ported device.

Quantity: Refer to Attachment.

Cost: Refer to Attachment.

Expected Lifespan: Single use.

Purpose: Used as a method to breach door locks or hinges for entry during high-risk law enforcement operations.

Fiscal Impact: Initial cost was covered within the annual Department budget. Munitions are purchased based on need and/or stock. Annual cost is approximately $100.00.

Legal and Procedural: Primarily a tactical team deployment munition. Department Policy section 404, applicable related Department procedures and the law. Authority to use certain munitions is based on the Department Policy and procedures considering the tactical operation and the law.

Training: Designated Department tactical team personnel receive initial and on-going training on the deployment of 12-gauge breaching munitions from a designated Remington 12-gauge Department owned shotgun with a specialized barrel that contains a serrated front edge or standoff ported device. This training generally occurs at the POST certified 80-hour SWAT school and/or at a designated SWAT breaching course. Tactical team personal also receive annual in-house training.

Item number 54 - Launching Device by CTS (Combined Tactical Systems) Description/Capabilities: The model LC5 tactical launching device by CTS is designed to be affixed to a 12-gauge shotgun. The Department affixes the device to the end of the barrel of a designated Department owned shotgun (Remington 870 12-gauge). A CTS 12-gauge #2600 munition is placed in the shotgun in order to launch CTS 52 series grenades which contain a chemical agent.

Quantity: Refer to Attachment.

Cost: Refer to Attachment.

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Expected Lifespan: Approximately 25 years based on routine use and maintenance.

Purpose: The device is used to launch CTS 52 series grenades (ex. CTS 5230b chemical agent munition). Used in conjunction with a 12-gauge shotgun with CTS 12-gauge #2600 munition, CTS 52 series grenades can be loaded into the launching device and launched into a designated area during a tactical and/or mobile field force operation.

Fiscal Impact: Initial cost was covered within the annual Department budget. Annual cost for device including CTS 12-gauge #2600 munition is approximately $100.00.

Legal and Procedural: Primarily a tactical team deployment munition as stated above in the purpose section. Department Policy sections 300, 302, 404, 430, applicable related Department procedures and the law. Penal Code 13652 and related sections. Authority to use certain munitions is based on the Department Policy and procedures considering the tactical operation and the law.

Training: Designated Department tactical team personnel receive training with this device in a certified training chemical agent course. Tactical team personnel receive additional in-house training from trained personnel.

Item number 55 - Aerial Vehicle (DRONE-Autel EVO 2 640T Enterprise) Description/Capabilities: The Autel EVO 2 640T Enterprise is an aerial vehicle or drone with video/audio/thermal imaging capabilities. Device was acquired with batteries, spare parts and other accessories.

Quantity: 1
Cost: $9,230.00
Expected Lifespan: Evaluated by UAS Team personnel based on use, technology, and maintenance.

Purpose: Assist in Law Enforcement related incidents and/or activities, specifically tactical incidents, command post or gathering intelligence purposes. Can be used for other City related functions related to public safety.

Fiscal Impact: Initial cost was covered through private donation. Donation was designated for the development of UAS Team for the CPD. Donation was approved for the stated purpose by the City Council. Related expected costs for this item will be associated within the annual Department budget. Annual cost is approximately $600.00.

Legal and Procedural: FAA regulations, FAA registration and applicable law. Authority to use device is based on Department Policy section 606 and related procedures.

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Training: Designated Department UAS Team personnel (pilots) must obtain FAA 107 license.

Additional in-house and outside agency training for UAS Team personnel will be approved by Department Supervision as necessary and/or directed.

Item number 56 - Aerial Vehicle (DRONE-Autel EVO Lite)
Description/Capabilities: The Autel EVO Lite is an aerial vehicle or drone with video capabilities. Device was acquired with batteries, spare parts and other accessories.

Quantity: 1
Cost: $ 1,183.40
Expected Lifespan: Evaluated by UAS Team personnel based on use, technology, and maintenance.

Purpose: Assist in Law Enforcement related incidents and/or activities, specifically tactical incidents, command post or gathering intelligence purposes. Can be used for other City related functions related to public safety.

Fiscal Impact: Initial cost was covered through private person donation. Donation was designated for the development of UAS Team for the CPD. Donation was approved for the stated purpose by the City Council. Related expected costs for this item will be associated within the annual Department budget. Annual cost is approximately $ 400.00.

Legal and Procedural: FAA regulations, FAA registration and applicable law. Authority to use device is based on Department Policy section and related procedures.

Training: Designated Department UAS Team personnel (pilots) must obtain FAA 107 license.

Additional in-house and outside agency training for UAS Team personnel will be approved by Department Supervision as necessary and/or directed.

Item number 57 - Command Post Vehicle
Description/Capabilities: The Command Post Vehicle will be used to support management of unplanned incidents and planned events by providing interior and/or exterior work spaces for command and control capabilities for the incident commander and his/her staff.

Quantity: 1
Cost: $ 158,334.36
Expected Lifespan: To be determined by Department personnel assigned to maintaining the vehicle. The Department will consult with Public Works personnel and/or the original vendor or equivalent vendor as applicable.

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Purpose: Assist with Law Enforcement related incidents and/or activities as a mobile command post for tactical, investigative or special events. Can be used for City related functions related to public safety.

Fiscal Impact: Initial cost was covered through the Cannabis Tax Fund Grant Program (CTFGP) which is managed by the California Highway Patrol. Designated Department personnel will maintain this vehicle. Related expected costs will be covered by applicable warranty associated with the vehicle and associated equipment. Any additional costs will ac by Administrative Personnel within the Department.

Legal and Procedural: Drivers shall have a valid Class C license. Vehicle is insured by the City of Covina.

Training: Designated Department will be required to maintain a valid driver license. Personnel assigned to maintain the vehicle shall receive training as required to operate the vehicle and its accessories. This training and/or instruction will be completed by designated Department personnel.

Item number 58 – Aerial Vehicle (DRONE-DJI Avata)
Description/Capabilities: The DJI Avata is an aerial vehicle or drone with video capabilities.

Device was acquired with batteries, spare parts and other accessories.

Quantity: 1
Cost: $ 987.13
Expected Lifespan: Evaluated by UAS Team personnel based on use, technology, and maintenance.

Purpose: Assist in Law Enforcement related incidents and/or activities, specifically tactical incidents, command post or gathering intelligence purposes. This device will primarily be used to search the interior of buildings or similar locations. Can also be used for other City related functions related to public safety.

Fiscal Impact: Initial cost was covered through a private donation through the Covina Police Foundation for the Covina Police Department UAS Team. Donation was approved for the stated purpose by the City Council. Related expected costs for this item will be associated within the annual Department budget. Annual cost is approximately $ 400.00.

Legal and Procedural: FAA regulations, FAA registration and applicable law. Authority to use device is based on Department Policy section 606 and related procedures.

Training: Designated Department UAS Team personnel (pilots) must obtain FAA 107 license.

Additional in-house and outside agency training for UAS Team personnel will be approved by Department Supervision as necessary and/or directed.

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Item number 59 – Aerial Vehicle (DRONE-DJI Avata)
Description/Capabilities: The DJI Avata is an aerial vehicle or drone with video capabilities.

Device was acquired with batteries, spare parts and other accessories.

Quantity: 1
Cost: $ 987.13
Expected Lifespan: Evaluated by UAS Team personnel based on use, technology, and maintenance.

Purpose: Assist in Law Enforcement related incidents and/or activities, specifically tactical incidents, command post or gathering intelligence purposes. This device will primarily be used to search the interior of buildings or similar locations. Can also be used for other City related functions related to public safety.

Fiscal Impact: Initial cost was covered through a private donation through the Covina Police Foundation for the Covina Police Department UAS Team. Donation was approved for the stated purpose by the City Council. Related expected costs for this item will be associated within the annual Department budget. Annual cost is approximately $ 400.00.

Legal and Procedural: FAA regulations, FAA registration and applicable law. Authority to use device is based on Department Policy section 606 and related procedures.

Training: Designated Department UAS Team personnel (pilots) must obtain FAA 107 license.

Additional in-house and outside agency training for UAS Team personnel will be approved by Department Supervision as necessary and/or directed.

# DEPARTMENT LESO PROGRAM (Y/N) ACTIVE (Y/N) COMMODITY ITEM NAME COST QTY 1 CA COVINA POLICE DEPT Y Y GROUND ROBOT PACKBOT 510 WITH FASTAC REMOTELY CONTROLLED VEHICLE $77,000.00 12 CA COVINA POLICE DEPT Y N GROUND ROBOT PACKBOT 510 WITH FASTAC REMOTELY CONTROLLED VEHICLE $77,000.00 13 CA COVINA POLICE DEPT Y Y GROUND ROBOT PACKBOT 510 WITH FASTAC REMOTELY CONTROLLED VEHICLE $77,000.00 14 CA COVINA POLICE DEPT Y N GROUND ROBOT UNMANNED VEHICLE,GROUND $187,312.00 15 CA COVINA POLICE DEPT Y Y GROUND ROBOT UNMANNED VEHICLE,GROUND-SUGVXM 1216 (PACK BOT) $187,312.00 16 CA COVINA POLICE DEPT Y N GROUND ROBOT UNMANNED VEHICLE,GROUND $187,312.00 17 CA COVINA POLICE DEPT Y Y GROUND ROBOT UNMANNED VEHICLE,GROUND-SUGVXM 1216 (PACK BOT) $187,312.00 18 CA COVINA POLICE DEPT Y Y GROUND ROBOT UNMANNED VEHICLE,GROUND (THROWBOT RECON SCOUT) $12,704.58 19 CA COVINA POLICE DEPT Y N GROUND ROBOT UNMANNED VEHICLE,GROUND $12,704.58 1 10 CA COVINA POLICE DEPT Y N GROUND ROBOT UNMANNED VEHICLE,GROUND $12,704.58 111 CA COVINA POLICE DEPT Y Y GROUND ROBOT UNMANNED VEHICLE,GROUND (THROWBOT RECON SCOUT) $12,704.58 1 12 CA COVINA POLICE DEPT Y N GROUND ROBOT UNMANNED VEHICLE,GROUND $12,704.58 113 CA COVINA POLICE DEPT Y N GROUND ROBOT UNMANNED VEHICLE,GROUND (THROWBOT RECON SCOUT) $12,704.58 114 CA COVINA POLICE DEPT Y Y GROUND ROBOT UNMANNED VEHICLE,GROUND $12,704.58 115 CA COVINA POLICE DEPT Y N GROUND ROBOT UNMANNED VEHICLE,GROUND (THROWBOT RECON SCOUT) $12,704.58 116 CA COVINA POLICE DEPT Y Y GROUND ROBOT UNMANNED VEHICLE,GROUND $12,704.58 117 CA COVINA POLICE DEPT Y N GROUND ROBOT UNMANNED VEHICLE,GROUND $12,704.58 118 CA COVINA POLICE DEPT Y N GROUND ROBOT UNMANNED VEHICLE,GROUND $12,704.58 119 CA COVINA POLICE DEPT Y Y ARMORED VEHICLE MRAP (MINE RESISTENT AMBUSH PROTECTED)-ARMORED VEHICLE $658,000.00 1 20 CA COVINA POLICE DEPT Y Y ARMORED VEHICLE MAMBA-ARMORED PERSONNEL CARRIER VEHICLE $380,000.00 121 CA COVINA POLICE DEPT Y Y LRAD-SOUND SYSTEM LONG RANGE ACOUSTIC DEVICE (LRAD) PORTABLE SYSTEM UNKNOWN 122 CA COVINA POLICE DEPT Y Y LRAD-SOUND SYSTEM LONG RANGE ACOUSTIC DEVICE (LRAD) PORTABLE SYSTEM UNKNOWN 123 CA COVINA POLICE DEPT Y N LRAD-SOUND SYSTEM LONG RANGE ACOUSTIC DEVICE (LRAD) PORTABLE SYSTEM UNKNOWN 124 CA COVINA POLICE DEPT Y N LRAD-SOUND SYSTEM LONG RANGE ACOUSTIC DEVICE (LRAD) MOUNTED SYSTEM W/UNIT UNKNOWN 125 CA COVINA POLICE DEPT Y Y LRAD-SOUND SYSTEM LONG RANGE ACOUSTIC DEVICE (LRAD) MOUNTED SYSTEM W/UNIT UNKNOWN 126 CA COVINA POLICE DEPT N Y NFD NOISE FLASH DEVICE (NFD)/RELOADABLE #8901-DEFENSE TECHNOLOGY $33.33 2027 CA COVINA POLICE DEPT N Y CS CHEMICAL AGENT SPEDE-HEAT #1072-DEFENSE TECHNOLOGY $33.70 1028 CA COVINA POLICE DEPT N Y CS CHEMICAL AGENT FLAMELESS TRI-CHAMBER #1032-DEFENSE TECHNOLOGY $38.41 0 29 CA COVINA POLICE DEPT N Y CS CHEMICAL AGENT 5230 INDOOR BAFFLED #5230B-CTS (COMBINED TACTICAL SYSTEMS) $49.00 1230 CA COVINA POLICE DEPT N Y SMOKE MIL/MAX SMOKE #1083-DEFENSE TECHNOLOGY $36.90 031 CA COVINA POLICE DEPT N Y SMOKE SAF-SMOKE # 1073-DEFENSE TECHNOLOGY $30.70 6 32 CA COVINA POLICE DEPT N Y CS CHEMICAL AGENT POCKET TACTICAL #1016-DEFENSE TECHNOLOGY $26.41 133 CA COVINA POLICE DEPT N Y CS CHEMICAL AGENT 37MM LIQUID FERRET #1162-DEFENSE TECHNOLOGY $22.30 1234 CA COVINA POLICE DEPT N Y CN CHEMICAL AGENT 37 MM POWDER FERRET #1192-DEFENSE TECHNOLOGY $24.70 035 CA COVINA POLICE DEPT N Y CS CHEMICAL AGENT INSTANTANEOUS BLAST #1042-DEFENSE TECHNOLOGY $49.82 036 CA COVINA POLICE DEPT N Y OC-PEPPER AEROSOL OC (OLEORESIN CAPSICUM) VAPOR #1056-DEFENSE TECHNOLOGY $47.18 037 CA COVINA POLICE DEPT N Y CHEMICAL AGENT KIT CROWD CONTROL CHEMICAL AGENT MODULE/KIT- AARDVARK #AARD-10028 $5,800.00 1 CA COVINA POLICE DEPT N Y CS CHEMICAL AGENT HAN-BALL CS #1092-DEFENSE TECHNOLOGY SEE LINE 37 9CA COVINA POLICE DEPT N Y CS CHEMICAL AGENT SPEDE-HEAT #1072-DEFENSE TECHNOLOGY SEE LINE 37 20CA COVINA POLICE DEPT N Y SMOKE MAX SMOKE LARGE CAN #1073-DEFENSE TECHNOLOGY SEE LINE 37 20CA COVINA POLICE DEPT N Y CS CHEMICAL AGENT TRIPLE CHASER GRENEDE #1026-DEFESNSE TECHNOLOGY SEE LINE 37 10CA COVINA POLICE DEPT N Y CS CHEMICAL AGENT 40MM SKAT-SHELL CS #6172-DEFENSE TECHNOLOGY SEE LINE 37 9CA COVINA POLICE DEPT N Y CS CHEMICAL AGENT 40MM LR SPEDE-HEAT CS #6182-DEFENSE TECHNOLOGY SEE LINE 37 9 Military Equipment Inventory per CPD Policy 706.4 ( May 2025 )

CA COVINA POLICE DEPT N Y CS CHEMICAL AGENT 40MM MUZZLE BLAST ROUND CS #6042-DEFENSE TECHNOLOGY SEE LINE 37 9 CA COVINA POLICE DEPT N Y OC-PEPPER MK-9 PEPPER SPRAY OC (OLEORESIN CAPSICUM #5099-DEFENSE TECHNOLOGY SEE LINE 37 10 38 CA COVINA POLICE DEPT N Y LAUNCHER 40 MM LAUNCHER-LMT-DEFENSE TECHNOLOGY $1,200.00 139 CA COVINA POLICE DEPT N Y LAUNCHER 37MM DESIGNATED CNS GAS LAUNCHER-DEFENSE TECHNOLOGY $400.00 140 CA COVINA POLICE DEPT N Y LAUNCHER 37MM DESIGNATED CNS GAS LAUNCHER-DEFENSE TECHNOLOGY $400.00 141 CA COVINA POLICE DEPT N Y PEPPERBALL PEPPERBALL MUNITIONS (375 COUNT CONTAINER) $796.50 2*42 CA COVINA POLICE DEPT N Y LAUNCHER PEPPERBALL DESIGNATED LAUNCHER-TIPPMAN 200TX $400.00 143 CA COVINA POLICE DEPT N Y LAUNCHER PEPPERBALL DESIGNATED LAUNCHER-TIPPMAN 200TX $400.00 144 CA COVINA POLICE DEPT N Y LAUNCHER PEPPERBALL DESIGNATED LAUNCHER-TIPPMAN 200TX $400.00 145 CA COVINA POLICE DEPT N Y LAUNCHER PEPPERBALL DESIGNATED LAUNCHER-TIPPMAN 200TX $400.00 146 CA COVINA POLICE DEPT N Y LAUNCHER PEPPERBALL DESIGNATED LAUNCHER-FTC W/ELECTRIC HOPPER $600.00 147 CA COVINA POLICE DEPT N Y LAUNCHER 40MM DESIGNATED LAUNCHER 1325-DEFENSE TECHNOLOGY $1,000.00 148 CA COVINA POLICE DEPT N Y LAUNCHER 40MM DESIGNATED LAUNCHER 1325-DEFENSE TECHNOLOGY $1,000.00 149 CA COVINA POLICE DEPT N Y LAUNCHER 40MM DESIGNATED LAUNCHER 1325-DEFENSE TECHNOLOGY $1,000.00 150 CA COVINA POLICE DEPT N Y LAUNCHER 40MM DESIGNATED LAUNCHER 1325-DEFENSE TECHNOLOGY $1,000.00 151 CA COVINA POLICE DEPT N Y MUNITION 40MM MUNITION SPONGE ROUND #6325-DEFENSE TECHNOLOGY $21.53 > 4052 CA COVINA POLICE DEPT N Y MUNITION BEANBAG MUNITION #3027-12 GAUGE-DEFENSE TECHNOLOGY $6.40 > 18353 CA COVINA POLICE DEPT N Y MUNITION BREACHING MUNITION-12 GAUGE #3105 TKO-DEFENSE TECHNOLOGY $6.59 35 54 CA COVINA POLICE DEPT N Y LAUNCHING DEVICE CTS (COMBINED TACTICAL SYSTEMS) MODEL LC5 TACTICAL LAUNCHER $346.50 255 CA COVINA POLICE DEPT N Y AERIAL-DRONE AUTEL EVO 2 640T ENTERPRISE $9,230.00 156 CA COVINA POLICE DEPT N Y AERIAL-DRONE AUTEL EVO LITE $1,183.40 157 CA COVINA POLICE DEPT N Y COMMAND VEHICLE 2022 FOREST RIVER MIRADA 350SF VIN#1F66F5DN7M0A13588 $158,334.36 158 CA COVINA POLICE DEPT N Y AERIAL-DRONE DJI AVATA $987.13 159 CA COVINA POLICE DEPT N Y AERIAL-DRONE DJI AVATA $987.13 1 LEGEND
> Greater Than< Less Than* Excludes Single Rounds
5/2025 ks1853

CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. PH 1
Meeting: July 1, 2025
Title: Adopt Resolution Confirming the Engineer’s Report Dated June 3, 2025 and Ordering the Levying of Assessments on Covina Landscaping District No. 1 for Fiscal Year 2026 Presented by: Rafael M. Fajardo, Public Works Director/City Engineer Recommendation: 1. Conduct the public hearing and consider all testimony that may be presented; and

2. Adopt Resolution CC 2025-74 confirming the Engineer’s Report dated June 3, 2025 and ordering the levying of assessments on the Covina Landscaping District No. 1 for Fiscal Year 2026.

EXECUTIVE SUMMARY/BACKGROUND:

On June 3, 2025, the City Council adopted Resolution CC 2025-54 ordering the City’s Assessment Engineer to prepare and file a report levying assessments within the Covina Landscaping District No. 1 for FY 2025-2026 and Resolution CC 2025-55 approving the Engineer’s Report and declaring its intention to levy and collect assessments on the Covina Landscaping District No. 1 for FY 2025-2026 and appointing Tuesday, July 1, 2025 at 7:30 p.m. in the Council Chamber, 125 East College Street, Covina, California, as the time and place for hearing protests in relation thereto.

The Covina Landscaping District No. 1 (hereafter referred to as “District”) was formed April 6, 1981, pursuant to the provisions of the California Streets and Highways Code, Division 15, Part 2, Landscaping and Lighting Act of 1972 (hereafter referred to as “1972 Act”), in order to provide and maintain public landscape improvements in specified areas within the City of Covina.

Each fiscal year, prior to collecting assessments on the LA County tax roll, the City Council must adopt resolutions directing the City’s Assessment Engineer to prepare and file a report regarding the proposed assessment for each Zone, approving the Engineer’s Report, declaring the City Council’s intention to levy and collect assessments for the upcoming fiscal year, and ordering the levy. The 2025-2026 Engineer’s Report for the Covina Landscaping District No. 1 (Attachment A) was prepared for review and presented for consideration during the City Council meeting of June 3, 2025. There were no objections made, and therefore, the Engineer’s Report is now presented for approval. Additionally, a public hearing on this matter will be conducted as required in order to receive any protests related to the levy and collection of assessments on the Covina Landscaping District No. 1 for FY 2025-2026.

DISCUSSION:

The revenue collected from assessed properties provides funds for the landscape maintenance of eighteen (18) active zones in the City as described below. A City contractor maintains the landscape improvements within each Zone.
 Zone 1 - Parque Xalapa Area
Description: Located in the southeast region of the City, south of Covina Hills Road, north of Holt Avenue and the San Bernardino Freeway, and east of Grand Avenue. The Zone was established in 1981. The annual assessments provide for landscape maintenance in Parque Xalapa, Forest Hills Drive, the Covina Hills Road Slope, and Oak Tree Park.

Assessment Methodology: Based on lot size and capped per Proposition 218; recommend continuing the

maximum assessment of $56.55 per 1,000 square feet of lot size to cover zone expenses.  Zone 2 - Arrow Grand Circle Area
Description: Located in the north-central region of the City, south of Arrow Highway, north of Cienega Avenue, and west of Grand Avenue. The Zone was established in April 1981. The annual assessments provide for landscape maintenance at the entrances to Arrow Grand Circle off of Arrow Highway, as well as the north side of Cienega Avenue between Grand Avenue and Barranca Avenue that is adjacent to the properties within the Zone.

Assessment Methodology: Based on lot size and capped per Proposition 218; recommend continuing the maximum assessment of $17.00 per 1,000 square feet of lot size to cover zone expenses.  Zone 3 – Golden Grove Way Area
Zone has not been levied since FY 1983-84. The association of property owners along Golden Grove Way took over the maintenance of the landscape improvements originally associated with this Zone.  Zone 4 – Four Residential Developments Near Arrow Highway/Puente Street Description: Comprised of four residential developments (single-family and condominium) generally located south of Arrow Highway and north of Puente Street along the Azusa Avenue corridor. These four residential developments are inclusive of Tract 15506, Tract 14394, Tract 18642, Tract 33882, and Tract 34224. The Zone was added to the Covina Landscaping District No. 1 in FY 1986-87. The annual assessments provide for the maintenance of street landscaping (including street tree maintenance) associated with the properties, as well as a portion of the maintenance costs of Azusa Avenue landscaping (15% of the cost).

Assessment Methodology: Based on dwelling units and capped per Proposition 218; recommend continuing the maximum assessment of $21.90 per dwelling unit to cover zone expenses.  Zone 5 – Azusa Avenue
Description: Comprised of commercial/industrial properties generally located south of Arrow Highway and north of Badillo Street along the Azusa Avenue corridor. The Zone was added to the Covina Landscaping District No. 1 in FY 1986-87. The annual assessments provide for the maintenance of street landscaping (including street tree maintenance) specifically associated with these properties including 85% of the maintenance costs of Azusa Avenue landscaping.

Assessment Methodology: Based on lot size and capped per Proposition 218; recommend continuing the maximum assessment of $10.00 per 1,000 square feet of lot size to cover zone expenses.  Zone 6 – Dalton Place
Description: Annexed into the Covina Landscaping District No. 1 in FY 2017-18. The Zone is comprised of 63 single family residential units, inclusive of Tract 73455. Improvements within this area consist of approximately 6,143 square feet of parkway landscaping and 28 street trees. The annual assessments provide for the maintenance of the parkways and street trees specifically associated with these properties.

Assessment Methodology: Based on dwelling units and adjusted annually by the change in the Consumer Price Index up to a maximum of 3%; recommend the assessment of $139.78 per dwelling unit to cover zone expenses.
 Zone 7 – Citrus Promenade
Description: Annexed into the Covina Landscaping District No. 1 in FY 2018-19. The Zone is comprised of 117 townhomes, inclusive of Tract No. 74512-1. Improvements within this area consist of median and parkway landscaping along Citrus Avenue. The annual assessments provide for the maintenance of the median and parkways associated with this development.

Assessment Methodology: Based on dwelling units and adjusted annually by the change in the Consumer Price Index up to a maximum of 3%; recommend the assessment of $103.66 per dwelling unit to cover zone expenses.
 Zone 8 – Three Residences on Dexter Street
Description: Annexed into the Covina Landscaping District No. 1 in FY 2018-19. The Zone is comprised of three townhomes, located south of Dexter Street and east of Fourth Avenue. Improvements within this area consist of four street trees. The annual assessments provide for the maintenance of the street trees specifically associated with these properties.

Assessment Methodology: Based on dwelling units and adjusted annually by the change in the Consumer Price Index up to a maximum of 3%; recommend the assessment of $62.37 per dwelling unit to cover zone expenses.
 Zone 9 – Four Residences on Ruddock Street
Zone has not been levied since FY 2023-24. The development was expected to build out to a four lot residential subdivision. However, the development was never constructed.  Zone 10 – Atwood
Description: Annexed into the Covina Landscaping District No. 1 in FY 2019-20. The Zone is comprised of 52 townhomes, four live/work lofts, and three office/retail units, located north of Orange Street and west of Citrus Avenue. Improvements within this area consist of 31 street trees. The annual assessments provide for the maintenance of the street trees specifically associated with this development.

Assessment Methodology: Based on dwelling units or commercial lot size and adjusted annually by the change in the Consumer Price Index up to a maximum of 3%; recommend the assessment of $38.87 per unit to cover zone expenses.
 Zone 11 – N Citrus Condos
Description: Annexed into the Covina Landscaping District No. 1 in FY 2021-22. Tract No. 73660 generally located west of N. Citrus Avenue and north of W. Orange Street will develop into eight condominiums. Improvements within this area will consist of two street trees. The annual assessments provide for the maintenance of the street trees specifically associated with this development.

Assessment Methodology: Based on dwelling units and adjusted annually by the change in the Consumer Price Index up to a maximum of 3%; recommend the assessment of $37.20 per dwelling unit to cover zone expenses.
 Zone 12 – N Citrus Commercial Buildings
Description: Annexed into the Covina Landscaping District No. 1 in FY 2021-22. Tract 1224, Lot 6 (401 N. Citrus Avenue) generally located west of N. Citrus Avenue and north of W. Orange Street will develop into two commercial buildings. Improvements within this area consist of six street trees. The annual assessments provide for the maintenance of the street trees specifically associated with this development.

Assessment Methodology: Based on commercial lot size and adjusted annually by the change in the Consumer Price Index up to a maximum of 3%; recommend the assessment of $96.07 per 1,000 square feet of lot size to cover zone expenses.
 Zone 13 – Covina Bowl
Description: Annexed into the Covina Landscaping District No. 1 in FY 2022-23. The Zone is comprised of one restaurant and 132 condominiums, located south of W. San Bernardino Road, north of W. Badillo

Street and west of N. Rimsdale Avenue. Improvements within this area consist of 25 street trees and 7,757 square feet of irrigated landscaping. The annual assessments will provide for the maintenance of the street trees and parkway landscaping specifically associated with this development.

Assessment Methodology: Based on dwelling units or commercial lot size and adjusted annually by the change in the Consumer Price Index up to a maximum of 3%; recommend the assessment of $58.08 per unit to cover zone expenses.
 Zone 14 – Zest
Description: Annexed into the Covina Landscaping District No. 1 in FY 2022-23. The Zone is comprised of 151 townhomes, located south of Kelby Park and west of Barranca Avenue. Improvements within this area consist of four street trees and 662 square feet of irrigated landscaping. The annual assessments will provide for the maintenance of the street trees and parkway landscaping specifically associated with this development.

Assessment Methodology: Based on dwelling units and adjusted annually by the change in the Consumer Price Index up to a maximum of 3%; recommend the assessment of $13.74 per unit to cover zone expenses.  Zone 15 – Campsite Brewery
Description: Annexed into the Covina Landscaping District No. 1 in FY 2023-24. The Zone was developed into one business comprised of two buildings, located north of Front Street and west of Curtis Avenue. Improvements within this area consist of 12 street trees and 2,307 square feet of irrigated landscaping. The annual assessments will provide for the maintenance of the street trees and parkway landscaping specifically associated with this development.

Assessment Methodology: Based on commercial lot size and adjusted annually by the change in the Consumer Price Index up to a maximum of 3%; recommend the assessment of $92.32 per 1,000 square feet of lot size to cover zone expenses.
 Zone 16 – Two Residences on Puente Street
Description: Annexed into the Covina Landscaping District No. 1 in FY 2023-24. The Zone will remain as two residential parcels, located north of Puente Street and west of Monte Vista Avenue. Improvements within this area consist of three street trees. The annual assessments will provide for the maintenance of the street trees specifically associated with this development.

Assessment Methodology: Based on dwelling units and adjusted annually by the change in the Consumer Price Index up to a maximum of 3%; recommend the assessment of $140.72 per unit to cover zone expenses.
 Zone 17 – Stafford Place
Description: Annexed into the Covina Landscaping District No. 1 in FY 2023-24. The Zone is comprised of 38 residential townhomes, located north of Covina Blvd., west of Fairvale Avenue, and east of Citrus Avenue. Improvements within this area consist of nine street trees and 3,275 square feet of irrigated landscaping. The annual assessments will provide for the maintenance of the street trees and parkway landscaping specifically associated with this development.

Assessment Methodology: Based on dwelling units and adjusted annually by the change in the Consumer Price Index up to a maximum of 3%; recommend the assessment of $97.22 per unit to cover zone expenses.  Zone 18 – W Puente Townhomes
Description: Annexed into the Covina Landscaping District No. 1 in FY 2023-24. The Zone will develop into 10 residential townhomes, located north of W. Puente Street, east of S. 4th Avenue, and west of S. 3rd Avenue. Improvements within this area consist of 14 street trees and 2,750 square feet of irrigated landscaping. The annual assessments will provide for the maintenance of the street trees and parkway

landscaping specifically associated with this development.

Assessment Methodology: Based on dwelling units and adjusted annually by the change in the Consumer Price Index up to a maximum of 3%; recommend the assessment of $291.50 per unit to cover zone expenses.

The budget summary for each zone is compiled below. Of note, the Department of Public Works has removed certain personnel expenses from the District, and as a result, a Reserve Fund subsidy is no longer required to fund revenue shortages that previously existed in select Zones. Beginning with FY 2023-2024, each Zone’s revenue exceeds its expenditures, and therefore each Zone contributes to the Reserve Fund. For FY 2025-2026, $116,601 is retained in the Reserve Fund.

Budget Summary, FY 2025-2026
Assessment Revenue Expenditures Required Subsidy Reserve Fund Zone 1 $74,120 $30,813 $0 $43,307
Zone 2 $24,837 $10,325 $0 $14,512
Zone 4 $ 5,300 $ 1,423 $0 $ 3,877
Zone 5 $69,858 $35,782 $0 $34,075
Zone 6 $ 8,806 $ 7,550 $0 $ 1,256
Zone 7 $12,232 $ 5,534 $0 $ 6,698
Zone 8 $ 187 $ 32 $0 $ 155
Zone 10 $ 3,036 $ 521 $0 $ 2,515
Zone 11 $ 298 $ 51 $0 $ 246
Zone 12 $ 531 $ 91 $0 $ 440
Zone 13 $ 5,227 $ 2,171 $0 $ 3,056
Zone 14 $ 2,075 $ 1,112 $0 $ 963
Zone 15 $ 2,704 $ 1,873 $0 $ 831
Zone 16 $ 281 $ 48 $0 $ 233
Zone 17 $ 3,694 $ 1,671 $0 $ 2,023
Zone 18 $ 2,915 $ 500 $0 $ 2,415 .

Totals $216,100 $99,499 $0 $116,601
FISCAL IMPACT:

Legally required engineering, advertising, and balloting costs for the Covina Landscaping District No. 1 are included in the FY 2025-2026 Street Trees and Landscaping Assessment District budget (Fund 2720). The proposed action has no impact on the General Fund.

CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):

Not applicable.

Respectfully submitted,

City of Covina
Landscaping Maintenance District No. 1

2025/2026 ENGINEER’S REPORT

Intent Meeting: June 3, 2025

Public Hearing: July 1, 2025
27368 Via Industria
Suite 200
Temecula, CA 92590
T 951.587.3500|800.755.6864
F 951.587.3510|888.326.6864
Property Tax Information Line
T. 866.807.6864
www.willdan.com

ATTACHMENT A
4th June

TABLE OF CONTENTS
I. OVERVIEW .............................................................................................................. 1 A. INTRODUCTION............................................................................................... 1 B. DISTRICT BACKGROUND............................................................................... 2 C. CHANGES TO THE DISTRICT ......................................................................... 3 II. DESCRIPTION OF THE DISTRICT AND SERVICES ............................................. 5 A. DISTRICT ZONES............................................................................................. 5 B. IMPROVEMENTS AUTHORIZED BY THE 1972 ACT ...................................... 8 C. DISTRICT IMPROVEMENTS AND SERVICES ................................................ 9 III. METHOD OF APPORTIONMENT.......................................................................... 11 IV. DISTRICT BUDGETS............................................................................................. 13 A. ZONE 1 BUDGET, FISCAL YEAR 2025/2026 ................................................ 13 B. ZONE 2 BUDGET, FISCAL YEAR 2025/2026 ................................................ 14 C. ZONE 4 BUDGET, FISCAL YEAR 2025/2026 ................................................ 15 D. ZONE 5 BUDGET, FISCAL YEAR 2025/2026 ................................................ 16 E. ZONE 6 BUDGET, FISCAL YEAR 2025/2026 ................................................ 17 F. ZONE 7 BUDGET, FISCAL YEAR 2025/2026 ................................................ 18 G. ZONE 8 BUDGET, FISCAL YEAR 2025/2026 ................................................ 19 H. ZONE 9 BUDGET, FISCAL YEAR 2025/2026 ................................................ 20 I. ZONE 10 BUDGET, FISCAL YEAR 2025/2026 .............................................. 21 J. ZONE 11 BUDGET, FISCAL YEAR 2025/2026 .............................................. 22 K. ZONE 12 BUDGET, FISCAL YEAR 2025/2026 .............................................. 23 L. ZONE 13 BUDGET, FISCAL YEAR 2025/2026 .............................................. 24 M. ZONE 14 BUDGET, FISCAL YEAR 2025/2026 .............................................. 25 N. ZONE 15 BUDGET, FISCAL YEAR 2025/2026 .............................................. 26 O. ZONE 16 BUDGET, FISCAL YEAR 2025/2026 .............................................. 27 P. ZONE 17 BUDGET, FISCAL YEAR 2025/2026 .............................................. 28 Q. ZONE 18 BUDGET, FISCAL YEAR 2025/2026 .............................................. 29 V. DISTRICT DIAGRAM............................................................................................. 30 VI. ASSESSMENT ROLL ............................................................................................ 31

2025/2026 Landscaping Maintenance District No. 1 Page 1 of 31 I. OVERVIEW
A. INTRODUCTION
The Covina Landscaping Maintenance District No. 1 (hereafter referred to as the “District”) was formed April 6, 1981 pursuant to the provisions of the California Streets and Highways Code, Division 15, Part 2, Landscaping and Lighting Act of 1972 (hereafter referred to as the “1972 Act”), in order to provide and maintain public landscape improvements in specified areas within the City of Covina. Since formation of the District, the City of Covina (hereafter referred to as the “City”) has annually levied and collected special assessments upon properties within the District for the annual maintenance and operation of the improvements that benefit those properties pursuant to the 1972 Act. The parcels included in the original District formation and all subsequent annexations thereto, are included within a specified benefit zone (hereafter referred to as the “Zone”) based on the specific development of those properties and the improvements and services from which they receive benefit.

This Engineer’s Report (hereafter referred to as the “Report”) describes the District, any proposed changes to the District and the assessments for Fiscal Year 2025/2026. The proposed assessments are based on the City’s estimated cost to maintain the improvements that provide special benefit to properties within the District. The various improvements within the District and the costs of those improvements are identified and budgeted separately for each Zone, including all expenditures, deficits, surpluses, revenues, and reserves. Each parcel within a Zone is assessed proportionately for only those improvements provided in that Zone from which the parcel receives special benefit.

The word “parcel,” for the purposes of this Report, refers to an individual property assigned its own Assessment Number by the Los Angeles County Assessor’s Office. The Los Angeles County Auditor/Controller uses Assessment Numbers and specific Fund Numbers, to identify on the tax roll, properties assessed for special District benefit assessments.

Upon conclusion of a noticed Public Hearing, the City Council will consider all testimony and written protests presented and will direct any necessary modifications to the Report and approve the Report as submitted or amended.

Following final approval of the Report, the City Council will, by resolution, order the improvements to be made, and confirm the levy and collection of assessments pursuant to the 1972 Act. The assessment rates and method of apportionment described in this Report as approved by the City Council defines the assessments to be applied to each parcel within the District for Fiscal Year 2025/2026. The assessments as approved will be submitted to the Los Angeles County Auditor/Controller to be included on the property tax roll for each parcel.

If any parcel submitted for collection is identified by the County Auditor/Controller to be an invalid parcel number for the current Fiscal Year, a corrected parcel

2025/2026 Landscaping Maintenance District No. 1 Page 2 of 31 number and/or new parcel numbers will be identified and resubmitted to the County Auditor/Controller. The assessment amount to be levied and collected for the resubmitted parcel or parcels shall be based on the method of apportionment and assessment rate described in this Report and approved by the City Council.

B. DISTRICT BACKGROUND
The Covina Landscaping Maintenance District No. 1 was originally formed in 1981 with Zones 1 and 2 (only Zone 1 was assessed the first year). In Fiscal Year 1982/1983, Zone 2 was assessed for the first time.

In Fiscal Year 1983/1984, Zone 3 was established within the District. Properties within Zone 3 were levied an assessment that first Fiscal Year, but have not been levied an assessment since, because the association of the property owners along Golden Grove Way took over and currently provide for the maintenance of the landscape improvements originally associated with this Zone. These properties, the improvements and the Zone are no longer included as part of the District.

In 1985, the City began the process of annexing additional properties into the District that were being developed to ensure the General Fund would not be impacted by the expense of maintaining street landscaping within the City. Initially, annexation of properties to the District was done by petition (property owner consent and waiver), pursuant to Section 22608 of the 1972 Act. Through this process, the property owners signed a letter consenting to the annexation, which eliminated the lengthy process of resolutions, reports, publications, hearings, etc., otherwise required for the annexation of territory to the District. The properties annexed to the District were designated as either Zone 4 (single-family residences and condominium units) or Zone 5 (commercial/industrial developments).

In Fiscal Year 1986/1987, Zones 4 and 5 were added to the District. The City annexed six properties on the south side of San Bernardino Road, west of Hollenbeck Avenue, in conjunction with the street widening that included street tree planting.

In 1988, the District was expanded again by annexing the properties east and west of Azusa Avenue from Arrow Highway to 600 feet south of Badillo Street in connection with the Azusa Avenue beautification project. Subsequent properties have been annexed to Zones 4 and 5 via the petition of the property owners while others have been included via the public hearing process. This process of annexation to the District continued up through Fiscal Year 1996/1997 when Proposition 218 was approved.

In Fiscal Year 2008/2009, the City initiated and conducted a property owner protest ballot proceeding for a proposed assessment increase for each zone. The proposed assessment increase was not approved by property owners; therefore, the maximum assessment rates remained the same as previously approved.

2025/2026 Landscaping Maintenance District No. 1 Page 3 of 31 C. CHANGES TO THE DISTRICT
Pursuant to the provisions of the California Constitution, Article XIIID Section 4, and in accordance with the provisions of Government Code, Section 53753, the City has conducted property owner protest ballot proceedings (“Ballot Proceedings”) for the levy of all new Zones. In conjunction with these Ballot Proceedings, the City Council conducted noticed public hearings to consider public testimonies, comments and written protests regarding the annexations, Zone boundaries and Sub-Zones, and the new assessments described herein. Upon conclusion of the public hearings, property owner protest ballots were received, opened and tabulated to determine whether majority protest exists as defined in Article XIIID of the California Constitution.

In 1985, the City started annexation proceedings into the landscaping District for properties not already within Zones 1, 2 and 3. As previously indicated, initially the annexation of properties to the District was done by petition (property owner consent and waiver), pursuant to Section 22608 of the 1972 Act as part of various street widening and street tree planting projects and the Azusa Avenue beautification project. Over the course of several years, however, the annexation of properties to both Zone 4 and Zone 5 included several new developments and individual residents that had filed for a building permit. This annexation process eventually created various inconsistencies in the benefit that properties received from the landscape improvements provided by the District. In response to this issue, in 2002 the City’s assessment engineer evaluated the properties within the District and removed from both Zone 4 and Zone 5 those properties that do not receive special benefit from the improvements maintained and budgeted for the District. Although these properties have not been technically detached from the District, they are no longer included in either Zone 4 or Zone 5 and are not subject to the annual assessments for these Zones.

In Fiscal Year 2017/2018 pursuant to the provisions of the 1972 Act and in compliance with the substantive and procedural requirements of Article XIIID of the California State Constitution (the “California Constitution”), the City Council of the City of Covina annexed into the District all lots and parcels of land within the planned development identified as Tract No. 73455 (Dalton Place) and established it as new Zone 6 to expand the improvements to be provided and maintained within the District. Tract No. 73455 (Dalton Place) developed into sixty-three (63) singlefamily residential units.

In Fiscal Year 2018/2019 pursuant to the provisions of the 1972 Act and in compliance with the substantive and procedural requirements of Article XIIID of the California State Constitution, the City Council of the City of Covina, annexed into the District all lots and parcels of land within the planned developments identified as Tract No. 74512-1, Parcel Map No. 72690 and Parcel Map No. 73595.

Tract No. 74512-1 has been developed with a total of one-hundred seventeen (117) residential units (townhomes) and is identified as Zone 7, Parcel Map No.72690 was developed with three (3) residential units (townhomes) and is

2025/2026 Landscaping Maintenance District No. 1 Page 4 of 31 identified as Zone 8 and Parcel Map 73595 is planned for a 4-lot subdivision and is identified as Zone 9.

In Fiscal Year 2019/2020 pursuant to the provisions of the 1972 Act and in compliance with the substantive and procedural requirements of Article XIIID of the California State Constitution, the City Council of the City of Covina, annexed into the District all lots and parcels of land within the planned developments identified as Tract No. 72116. Tract No. 72116 has been developed with sixty-eight (68) townhomes, four (4) live/work lofts and one parcel consisting of three (3) office/retail units and is identified as Zone 10.

In Fiscal Year 2021/2022 pursuant to the provisions of the California Constitution and the 1972 Act, the City Council of the City of Covina, annexed into the District all lots and parcels of land within the planned developments identified as Tract No. 73660 and 401 N. Citrus (Tract 1224, Lot 6). Tract No. 73660 has been developed with eight (8) condominiums (residential units) and is identified as Zone 11 and 401 N. Citrus (Tract 1224, Lot 6) is designated as Zone 12 and has been developed out to two (2) commercial buildings.

In Fiscal Year 2022/2023 pursuant to the provisions of the California Constitution and the 1972 Act, the City Council of the City of Covina annexed into the District all lots and parcels of land within the developments identified as Tract No. 82874 (Covina Bowl) and Tract No. 83178 (Zest). Tract No 82874 (Covina Bowl) is a mixed-use property with commercial and residential units (1 restaurant and 132 condominiums) designated as Zone 13, and Tract No. 83178 (Zest) was designated as Zone 14, consisting of 151 residential units (44 flex townhomes and 107 townhome/flats).

In Fiscal Year 2023/2024 pursuant to the provisions of the California Constitution and the 1972 Act, the City Council of the City of Covina annexed into the District all lots and parcels of land within the developments identified as Tract No. 45569 (Campsite Brewery), Parcel Map No. 82493, Tract No. 83343, and Tract No. 83203. Tract 45569 (Campsite Brewery) is a commercial development with two (2) buildings on one (1) parcel and was designated as Zone 15; Parcel Map No. 82493 with two (2) residential units was designated as Zone 16; Tract No. 83343 with thirty-eight (38) residential townhomes was designated as Zone 17; and Tract No. 83203 designated as Zone 18 will develop out to ten (10) residential townhomes.

2025/2026 Landscaping Maintenance District No. 1 Page 5 of 31 The following table lists the Zones currently in and scheduled to be annexed into the Landscape Maintenance District No. 1.

Zone Tract No./Parcel Map No. Fiscal Year
1, 2, 3 (1) 1985
4, 5 2002
6 73455 (Dalton Place) 2017/2018
7, 8, 9 74512-1, 72690, 73595 2018/2019
10 72116 (Atwood) 2019/2020
11 73660 2021/2022
12 1224 (Lot 6) 2021/2022
13 82874 (Covina Bowl) 2022/2023
14 83178 (Zest) 2022/2023
15 45569 (Campsite Brewery) 2023/2024
16 82493 2023/2024
17 83343 (Stafford Place) 2023/2024
18 83203 2023/2024
19 (2) 84311 2025/2026
(1) Zone 3 is no longer part of the District. The maintenance of Zone 3 landscape improvements were taken over by the property owners along Golden Grove Way.
(2)
Annexation area is currently in process and described in a separate Engineer’s Report. .

As specified by the California Constitution, Article XIIID Section 4e:
“A majority protest exists if, upon the conclusion of the hearing, ballots submitted in opposition to the assessment exceed the ballots submitted in favor of the assessment. In tabulating the ballots, the ballots shall be weighted according to the proportional financial obligation of the affected property.” II. DESCRIPTION OF THE DISTRICT AND SERVICES
A. DISTRICT ZONES
The City annually levies and collects assessments in order to maintain and service specific improvements within the District based on the City’s estimate of the costs associated with those improvements. The District is currently comprised of eighteen (18) benefit Zones, of which seventeen (17) are active, which include specific properties and the improvements that benefit those properties. Zone 3 is no longer part of the District. The maintenance of Zone 3 landscape improvements were taken over by the property owners along Golden Grove Way.

The District Zones are identified as:

2025/2026 Landscaping Maintenance District No. 1 Page 6 of 31 Zone 1
Generally located in the southeast region of the City, south of Covina Hills Road; north of Holt Avenue and the San Bernardino Freeway, and east of Grand Avenue.

The Zone was established in April 1981 and the annual assessments provide for the maintenance of landscaping in Parque Xalapa, Forest Hills Drive and Covina Hills Road Slope and Oak Tree Park.

Zone 2
Zone 2 is generally located in the north-central region of the City, south of Arrow Highway, north of Cienega and west of Grand Avenue. The Zone was established in April 1981 and the annual assessments for this Zone provide for the maintenance of landscaping at the entrances to Arrow Grand Circle off Arrow Highway and the north side of Cienega Street between Grand Avenue and Barranca Avenue that is adjacent to the properties within the Zone.

Zone 4
Currently comprised of four (4) residential developments (single-family and condominiums) generally located south of Arrow Highway, north of Puente Street along the Azusa Avenue corridor. These four residential developments are inclusive of Tract 15506, Tract 14394, Tract 18642, Tract 33882 and Tract 34224.

The annual assessments for Zone 4 provide for the maintenance of street landscaping (including street tree maintenance) associated with the properties as well as a portion of the maintenance costs of Azusa Avenue landscaping (15% of the costs).

Zone 5
Comprised of the commercial/industrial properties generally located south of Arrow Highway, north of Badillo Street along the Azusa Avenue corridor. The annual assessments for Zone 5 provide for the maintenance of street landscaping (including street tree maintenance) specifically associated with these properties including 85% of the maintenance costs of Azusa Avenue landscaping.

Zone 6
Zone 6 (Dalton Place) was annexed into the District in Fiscal Year 2017/2018.

Tract No. 73455 is comprised of sixty-three (63) single-family residential properties, generally located south of E. Cypress Street, west of N. Kidder Avenue and east of N. Banna Avenue. Improvements within this area consist of approximately 6,143 square feet of parkway landscaping and twenty-eight (28) local street trees.

Zone 7
Zone 7 (Citrus Promenade) was annexed into the District in Fiscal Year 2018/2019.

Tract No. 74512-1, generally located east of Citrus Avenue and west of Fairvale

2025/2026 Landscaping Maintenance District No. 1 Page 7 of 31 Avenue is comprised of one hundred seventeen (117) townhomes. Improvements within this area consist of median and parkway landscaping along Citrus Avenue.

Zone 8
Zone 8 was annexed into the District in Fiscal Year 2018/2019. Parcel Map No. 72690 generally located south of Dexter Street and east of 4th Avenue has been developed into three (3) townhomes. Improvements within this area consist of four (4) street trees.

Zone 9
Zone 9 was annexed into the District in Fiscal Year 2018/2019. Parcel Map No. 73595 generally located south of E. Ruddock Street, west of Reeder Avenue and north of E. Badillo Street was planned to be subdivided into a four (4) lot residential subdivision. Improvements within this area were planned for four (4) street trees.

However, development has not occurred and Zone 9 has not been levied commencing Fiscal Year 2023/2024.

Zone 10
Zone 10 (Atwood) was annexed into the District in Fiscal Year 2019/2020. Tract No. 72116 generally located south of W. San Bernardino Road, west of N. Citrus Avenue and north of W. Orange Street contains sixty-eight (68) townhomes, four (4) live/work lofts and one parcel containing three (3) office/retail units.

Improvements within this area consist of thirty-one (31) street trees.

Zone 11
Zone 11 was annexed into the District in Fiscal Year 2021/2022. Tract No. 73660 generally located west of N. Citrus Avenue and north of W. Orange Street developed into eight (8) condo units. Improvements within this area will consist of two (2) street trees.

Zone 12
Zone 12 was annexed into the District in Fiscal Year 2021/2022. Tract No. 1224 Lot 6, generally located west of N. Citrus Avenue and north of W. Orange Street developed into two (2) commercial buildings. Improvements within this area will consist of six (6) street trees.

Zone 13
Zone 13 (Covina Bowl) was annexed into the District in Fiscal Year 2022/2023.

Tract No. 82874 generally located south of W. San Bernardino Road, north of W.

Badillo Street and west of N. Rimsdale Avenue developed out to a restaurant and one hundred thirty-two (132) condominiums. Improvements within this area consist of twenty-five (25) street trees and 7,757 square feet of irrigated landscaping.

2025/2026 Landscaping Maintenance District No. 1 Page 8 of 31 Zone 14
Zone 14 (Zest) was annexed into the District in Fiscal Year 2022/2023. Tract No. 83178 generally located south of Kelby Park and west of Barranca Avenue developed into one hundred fifty-one (151) townhomes. Improvements within this area consist of four (4) street trees and 662 square feet of irrigated landscaping.

Zone 15
Zone 15 (Campsite Brewery) was annexed into the District in Fiscal Year 2023/2024. Tract No. 45569 (Campsite Brewery) generally located north of Front Street and west of Curtis Avenue consist of one business with two buildings.

Improvements within this area consist of twelve (12) street trees and 2,307 square feet of irrigated landscaping.

Zone 16
Zone 16 was annexed into the District in Fiscal Year 2023/2024. Parcel Map No. 82493 generally located north of East Puente Street and west of Monte Vista Avenue will remain as two (2) residential parcels. Improvements within this area consist of three (3) street trees.

Zone 17
Zone 17 (Stafford Place) was annexed into the District in Fiscal Year 2023/2024.

Tract No. 83343 is generally located north of Covina Boulevard, west of Fairvale Avenue and east of Citrus Avenue and consist of thirty-eight (38) residential townhomes. Improvements within this area consist of nine (9) street trees and 3,275 square feet of irrigated landscaping.

Zone 18
Zone 18 was annexed into the District in Fiscal Year 2023/2024. Tract No. 83203 is generally located north of W. Puente Street, east of S. 4th Avenue and west of S. 3rd Avenue and is planned for ten (10) residential townhomes. Improvements within this area consist of fourteen (14) street trees and 2,750 square feet of irrigated landscaping.

B. IMPROVEMENTS AUTHORIZED BY THE 1972 ACT
As applicable or may be applicable to this proposed District, the 1972 Act defines improvements to mean one or any combination of the following:
• The installation or planting of landscaping.
• The installation or construction of statuary, fountains, and other ornamental structures and facilities.
• The installation or construction of any facilities which are appurtenant to any of the foregoing or which are necessary or convenient for the maintenance or servicing thereof, including, but not limited to, grading, clearing, removal of

2025/2026 Landscaping Maintenance District No. 1 Page 9 of 31 debris, the installation or construction of curbs, gutters, walls, sidewalks, or paving, or water, irrigation, drainage, or electrical facilities. • The maintenance or servicing, or both, of any of the foregoing. • The acquisition of any existing improvement otherwise authorized pursuant to this section.

Incidental expenses associated with the improvements including, but not limited to:
• The cost of preparation of the Report, including plans, specifications, estimates, diagram, and assessment.
• The costs of printing, advertising, and the publishing, posting and mailing of notices.
• Compensation payable to the County for collection of assessments. • Compensation of any engineer or attorney employed to render services. • Any other expenses incidental to the construction, installation, or maintenance and servicing of the improvements.
• Any expenses incidental to the issuance of bonds or notes pursuant to Section 22662.5.
• Costs associated with any elections held for the approval of a new or increased assessment.

The 1972 Act defines "Maintain" or "maintenance" to mean furnishing of services and materials for the ordinary and usual maintenance, operation, and servicing of any improvement, including:
• Repair, removal, or replacement of all or any part of any improvement. • Providing for the life, growth, health, and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury.
• The removal of trimmings, rubbish, debris, and other solid waste. • The cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti.

C. DISTRICT IMPROVEMENTS AND SERVICES
As generally defined by the 1972 Act, the improvements and the associated assessment for each Zone may include the following:
• The installation or planting of landscaping.
• The installation, repair or construction of any facilities which are appurtenant to any of the foregoing or which are necessary or convenient for the maintenance or servicing thereof; including but not limited to, grading, removal of debris, the

2025/2026 Landscaping Maintenance District No. 1 Page 10 of 31 installation or construction of curbs, gutters, retaining walls, sidewalks, stitch piers, paving, or water, irrigation, drainage, or electrical facilities. • The maintenance or servicing, or both, of any of the foregoing including the furnishing of services and materials for the ordinary and usual maintenance, operation, and
a) repair, removal, or replacement of all or any part of any improvements. b) grading, clearing, removal of debris, the installation, repair or construction of curbs, gutters, walls, sidewalks, or paving, or water, irrigation, drainage, or electrical facilities.
c) providing for the life, growth, health, and beauty of landscaping, including cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury.
d) the removal of trimmings, rubbish, debris, and other solid waste. e) the cleaning, sandblasting, and painting of walls and other improvements to remove or cover graffiti.
f) water for the irrigation of any landscaping, the operation of any fountains, or the maintenance of any other improvements.
• Incidental expenses associated with the improvements including, but not limited to:
a) the cost of preparation of the Report, including plans, specifications, estimates, diagram, and assessment.
b) the costs of printing, advertising, and the publishing, posting and mailing of notices.
c) compensation payable to the County for collection of assessments. d) compensation of any engineer or attorney employed to render services. e) any other expenses incidental to the construction, installation, or maintenance and servicing of the improvements.
f) costs associated with any ballot proceedings held for the approval of a new or increased assessment.

The City may allocate the surplus funds in the reserve account for current and future capital improvement projects. These funds can be used for rehabilitation projects, replacements, restorations, upgrades of District improvements or other improvements described in subdivisions (a) to (d) of Section 22525 of the Act. Periodically, funds held as surplus in the reserve account for these purposes may be needed to respond to each Zone’s changing maintenance needs or other factors. Section 22525 (a) through (d) of the Act defines improvements as follows:
a) The installation or planting of landscaping.

2025/2026 Landscaping Maintenance District No. 1 Page 11 of 31 b) The installation or construction of statuary, fountains, and other ornamental structures and facilities.
c) The installation or construction of public lighting facilities, including, but not limited to, traffic signals.
d) The installation or construction of any facilities which are appurtenant to any of the foregoing or which are necessary or convenient for the maintenance or servicing thereof, including, but not limited to, grading, clearing, removal of debris, the installation or construction of curbs, gutters, walls, sidewalks, or paving, or water, irrigation, drainage, or electrical facilities.

III. METHOD OF APPORTIONMENT
Pursuant to the 1972 Act, the costs of the District may be apportioned by any formula or method that fairly distributes the net amount to be assessed, among all assessable parcels in proportion to the estimated benefits to be received by each parcel from the improvements. The benefit formula used for the District should reflect the composition of the parcels, and the improvements and services provided, to fairly apportion the costs based on special benefit to each parcel.

The Method of Apportionment described for this Report utilizes commonly accepted assessment-engineering practices and have been established pursuant to the 1972 Act and the provisions of the Constitution. The method outlined for each Zone is based on the premise that each assessed parcel receives benefit from the improvements maintained and financed by the District’s assessments.

The desirability of properties within each Zone is enhanced by the presence of well-maintained landscaping in close proximity to those properties. The costs associated with the improvements within each Zone are equitably spread among the benefiting parcels within the Zone and the funds collected shall be dispersed and used for only the improvements and services provided by the District.

The formulas and identifiers for each Zone designation are identified below:

Zones 1, 2, 5, 12 and 15
Balance to Levy / Total Number of 1,000 sq. ft. (Lot size) = Levy per 1,000 sq. ft.

Converted to Equivalent Benefit Units (“EBU”)
Balance to Levy/ Total Number of EBUs= Assessment Rate per EBU Zone 4, 6, 7, 8, 9, 11, 14, 16, 17, and 18
Balance to Levy / Total Number of Units= Levy per Unit
Converted to EBU
Balance to Levy /Total EBU= Assessment Rate per EBU
Zone 10

2025/2026 Landscaping Maintenance District No. 1 Page 12 of 31 Residential
Balance to Levy / Total Number of Units= Levy per Unit
Converted to EBU
Balance to Levy /Total EBU= Assessment Rate per EBU
Commercial
Balance to Levy / Total Number of 1,000 sq. ft. = Levy per 1,000 sq. ft.

Converted to EBU
Balance to Levy/ Total Number of EBUs = Assessment Rate per EBU Live/Work
Each residential unit is assessed one (1) Equivalent Benefit Unit (EBU), and each commercial parcel is assessed at a rate per square foot. The 4 live-work units are assessed 1 EBU per residential unit plus 1,000 square feet per levy for nonresidential use. It is anticipated that the typical live-work unit will be 5,453.50 SF (square feet) with 70% of the area assigned to non-residential use, which equals 3,809.75 SF.

Balance to Levy / Total Number of Units (Levy Units) plus Levy per Acre Converted to EBU
Balance to Levy /Total EBU= Assessment Rate per EBU
Zone 13
Residential
Balance to Levy / Total Number of Units= Levy per Unit
Converted to EBU
Balance to Levy /Total EBU= Assessment Rate per EBU
Commercial
Balance to Levy / Total Number of 1,000 sq. ft. (Lot Size) = Levy per 1,000 sq. ft.

Converted to EBU
Balance to Levy/ Total Number of EBUs= Assessment Rate per EBU The levy amount for each parcel is then calculated by multiplying the Zone Assessment Rate by assigned EBU on each parcel:

Assessment Rate x Parcel’s EBU = Parcel Levy Amount

2025/2026 Landscaping Maintenance District No. 1 Page 13 of 31 IV. DISTRICT BUDGETS
The following budgets for Fiscal Year 2025/2026 have been prepared pursuant to Chapter 1, Article 4, Section 22569 of the 1972 Act.

The budget and assessment outlined on the following budgets are based on the City’s estimate of the expenses and related funding necessary for the operation, maintenance and servicing of the Zone improvements.

A. ZONE 1 BUDGET, FISCAL YEAR 2025/2026
(1) Rates do not have an annual inflator.

Note: Totals may not foot due to rounding.

BUDGET ITEM Zone 1 Budget

ANNUAL MAINTENANCE (DIRECT COSTS)
Landscape Maintenance Expenses
Landscape Maintenance and Appurtenant Facilities $18,063 Landscape Utilities (Water/Electricity) 992
Tree Trimming 0
Maintenance & Street Infrastructure 3,361
Rehabilitation & Replacement 326
Professional Services 3,464
Total Annual Landscape Maintenance Expenses $26,207
Administration
Administration - Overhead $4,431
County Administration Fee 89
Legal Notices 86
Total Administration $4,606
Total Costs & Expenses $30,813
Reserve Fund (Contribution) $43,307
General Fund (Contribution) 0
Total Levy Adjustments $43,307
BALANCE TO LEVY $74,120

DISTRICT STATISTICS
Parcels Levied 61
Total EBUs 1,311
Maximum Assessment per EBU - FY 2025/2026 (1) $56.55
Proposed Assessment for FY 2025/2026 (1) $56.55

LEVY ADJUSTMENTS

2025/2026 Landscaping Maintenance District No. 1 Page 14 of 31 B. ZONE 2 BUDGET, FISCAL YEAR 2025/2026
(1) Rates do not have an annual inflator.

Note: Totals may not foot due to rounding.

BUDGET ITEM Zone 2 Budget

ANNUAL MAINTENANCE (DIRECT COSTS)
Landscape Maintenance Expenses
Landscape Maintenance and Appurtenant Facilities $6,053 Landscape Utilities (Water/Electricity) 332
Tree Trimming 0
Maintenance & Street Infrastructure 1,126
Rehabilitation & Replacement 109
Professional Services 1,161
Total Annual Landscape Maintenance Expenses $8,782
Administration
Administration - Overhead $1,485
County Administration Fee 30
Legal Notices 29
Total Administration $1,543
Total Costs & Expenses $10,325
Reserve Fund (Contribution) $14,512
General Fund (Contribution) 0
Total Levy Adjustments $14,512
BALANCE TO LEVY $24,837

DISTRICT STATISTICS
Parcels Levied 38
Total EBUs 1,461
Maximum Assessment per EBU - FY 2025/2026 (1) $17.00
Proposed Assessment for FY 2025/2026 (1) $17.00

LEVY ADJUSTMENTS

2025/2026 Landscaping Maintenance District No. 1 Page 15 of 31 C. ZONE 4 BUDGET, FISCAL YEAR 2025/2026
(1) Rates do not have an annual inflator.

Note: Totals may not foot due to rounding.

BUDGET ITEM Zone 4 Budget

ANNUAL MAINTENANCE (DIRECT COSTS)
Landscape Maintenance Expenses
Landscape Maintenance and Appurtenant Facilities $0
Landscape Utilities (Water/Electricity) 340
Tree Trimming 242
Maintenance & Street Infrastructure 240
Rehabilitation & Replacement 23
Professional Services 248
Total Annual Landscape Maintenance Expenses $1,094
Administration
Administration - Overhead $317
County Administration Fee 6
Legal Notices 6
Total Administration $329
Total Costs & Expenses $1,423
Reserve Fund (Contribution) $3,877
General Fund (Contribution) 0
Total Levy Adjustments $3,877
BALANCE TO LEVY $5,300

DISTRICT STATISTICS
Parcels Levied 242
Total EBUs 242
Maximum Assessment per EBU - FY 2025/2026 (1) $21.90
Proposed Assessment for FY 2025/2026 (1) $21.90

LEVY ADJUSTMENTS

2025/2026 Landscaping Maintenance District No. 1 Page 16 of 31 D. ZONE 5 BUDGET, FISCAL YEAR 2025/2026
(1) Rates do not have an annual inflator.

Note: Totals may not foot due to rounding.

The following budgets represent an estimate of the special benefit expenses anticipated to be collected for Fiscal Year 2025/2026 at the time this Report was prepared and establishes the maximum assessment rates to increase by an amount equal to the lesser of: (1) three percent (3%), or (2) annual percentage increase of the Local Consumer Price Index (CPI) for “All Urban Consumers” for the Los Angeles-Long Beach-Anaheim, CA (February 2024 to February 2025) which is 3.109%. The maximum assessment rate therefore increased by 3% for Zones 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17 and 18.

BUDGET ITEM Zone 5 Budget

ANNUAL MAINTENANCE (DIRECT COSTS)
Landscape Maintenance Expenses
Landscape Maintenance and Appurtenant Facilities $17,025 Landscape Utilities (Water/Electricity) 4,481
Tree Trimming 3,196
Maintenance & Street Infrastructure 3,168
Rehabilitation & Replacement 307
Professional Services 3,265
Total Annual Landscape Maintenance Expenses $31,441
Administration
Administration - Overhead $4,176
County Administration Fee 84
Legal Notices 81
Total Administration $4,341
Total Costs & Expenses $35,782
Reserve Fund (Contribution) $34,075
General Fund (Contribution) 0
Total Levy Adjustments $34,075
BALANCE TO LEVY $69,858

DISTRICT STATISTICS
Parcels Levied 116
Total EBUs 6,986
Maximum Assessment per EBU - FY 2025/2026 (1) $10.00
Proposed Assessment for FY 2025/2026 (1) $10.00

LEVY ADJUSTMENTS

2025/2026 Landscaping Maintenance District No. 1 Page 17 of 31 E. ZONE 6 BUDGET, FISCAL YEAR 2025/2026
(1) Proposed Maximum and Assessment rates increased by 3.0 percent.

Note: Totals may not foot due to rounding.

BUDGET ITEM Zone 6 Budget

ANNUAL MAINTENANCE (DIRECT COSTS)
Landscape Maintenance Expenses
Landscape Maintenance and Appurtenant Facilities $2,146 Landscape Utilities (Water/Electricity) 1,507
Tree Trimming 2,500
Maintenance & Street Infrastructure 399
Rehabilitation & Replacement 39
Professional Services 412
Total Annual Landscape Maintenance Expenses $7,003
Administration
Administration - Overhead $526
County Administration Fee 11
Legal Notices 10
Total Administration $547
Total Costs & Expenses $7,550
Reserve Fund (Contribution) $1,256
General Fund (Contribution) 0
Total Levy Adjustments $1,256
BALANCE TO LEVY $8,806

DISTRICT STATISTICS
Parcels Levied 63
Total EBUs 63
Maximum Assessment per EBU - FY 2025/2026 (1) $371.78
Proposed Assessment for FY 2025/2026 (1) $139.78

LEVY ADJUSTMENTS

2025/2026 Landscaping Maintenance District No. 1 Page 18 of 31 F. ZONE 7 BUDGET, FISCAL YEAR 2025/2026
(1) Proposed Maximum and Assessment rates increased by 3.0 percent.

Note: Totals may not foot due to rounding.

BUDGET ITEM Zone 7 Budget

ANNUAL MAINTENANCE (DIRECT COSTS)
Landscape Maintenance Expenses
Landscape Maintenance and Appurtenant Facilities $2,981 Landscape Utilities (Water/Electricity) 613
Tree Trimming 0
Maintenance & Street Infrastructure 555
Rehabilitation & Replacement 54
Professional Services 572
Total Annual Landscape Maintenance Expenses $4,774
Administration
Administration - Overhead $731
County Administration Fee 15
Legal Notices 14
Total Administration $760
Total Costs & Expenses $5,534
Reserve Fund (Contribution) $6,698
General Fund (Contribution) 0
Total Levy Adjustments $6,698
BALANCE TO LEVY $12,232

DISTRICT STATISTICS
Parcels Levied 118
Total EBUs 118
Maximum Assessment per EBU - FY 2025/2026 (1) $103.66
Proposed Assessment for FY 2025/2026 (1) $103.66

LEVY ADJUSTMENTS