Covina City Council
July 1, 2025

CITY COUNCIL/SUCCESSOR AGENCY TO THE COVINA

REDEVELOPMENT AGENCY/COVINA PUBLIC FINANCING

AUTHORITY/COVINA HOUSING AUTHORITY JOINT MEETING
AGENDA

Tuesday, July 1, 2025, 7:30 p.m.
125 E. College Street, Covina, California
Council Chamber of City Hall

IMPORTANT NOTICE
Members of the public may begin entering the City Council Chamber 15 minutes prior to the scheduled start time of the meeting as listed above. During this time, and the duration of the meeting, members of the public will have access to the City Council Chamber and first floor restrooms only.

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

Public Comments: Time is reserved during the Public Comments portion of the meeting for those in the audience who wish to address the City Council on items listed on the agenda (e.g. Consent Calendar, Continued Business, and New Business items) and items not listed in the agenda within the subject matter jurisdiction of the City Council, except for Public Hearing items. Members of the audience will have the opportunity to address the Council/Agency/Authority regarding Public Hearing items at the time the public hearing is held.

All communications are to be addressed directly to the City Council and not to the members of the audience.

Each speaker is limited to a total of three (3) minutes, subject to the Mayor/Chairperson's discretion to amend time limits based on anticipated length of the meeting. A speaker's time may not be transferred to another speaker. State Law prohibits the Council/Agency/Authority from taking action on any item not on the agenda.

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

Pages
JOINT MEETING—CLOSED SESSION 6:30 PM

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

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

ROLL CALL

PLEDGE OF ALLEGIANCE
Led by Councilmember Cortez.

INVOCATION
Given by Covina Police Chaplain Chuck Cannizzaro.

APPROVAL OF AGENDA

PRESENTATIONS
A. Recognition of Covina Baseball Club 10U on USSSA International World Series
B. Recognition of Retiring Planning Commissioner John Connors

PUBLIC COMMENTS
This is the time and place for the general public to address the City Council/Agency/Authority on any item listed on the agenda (e.g. Consent Calendar, Continued Business, and New Business items) or not listed on the agenda, except for Public Hearing items. Members of the audience will have the opportunity to address the Council/Agency/Authority regarding Public Hearing items at the time the public hearing is held.

Each speaker is limited to a total of three (3) minutes, subject to the Mayor/Chairperson's discretion to amend time limits based on the anticipated length of the meeting.

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

CITY MANAGER COMMENTS

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

CC 1. Minutes 7
Staff Recommendation:

Approve the Minutes of the June 3, 2025, Regular Meeting of the City

Council/Successor Agency to the Covina Redevelopment Agency/Covina Public Financing Authority/Housing Authority.

CC 2. Payment of Demands 21
Staff Recommendation:

Approve Payment of Demands in the amount of $3,157,704.61.

CC 3. City of Covina Investment Report for Month Ended May, 2025 29 Staff Recommendation:

Receive and File.

CC 4. Miscellaneous Concrete Repair Project – Project No. P2601 - Award of Contract to CJ Concrete Construction, Inc. for an Amount of $180,061 45 Staff Recommendation:

Approve plans and specifications for the Miscellaneous Concrete Repair Project – Project No. P2601;

1. Award a contract for the Miscellaneous Concrete Repair Project to CJ Concrete Construction, Inc as the lowest responsive and responsible bidder in the amount of $180,061 and authorize the City Manager to execute the contract;

2. Award a Professional Services Agreement (PSA) to CEJ Engineers, Inc. for Construction Management & Inspection Services for an amount not-to-exceed $45,000 and authorize the City Manager to execute the agreement; and

3. Authorize a contingency amount of $18,006.10 (10% of contract amount) for any unforeseen construction expenses.

4. CC 5. Amendment No 1. To the Parking Enforcement Agreement 99 Staff Recommendation:

Approve Amendment No. 1 to the Agreement with Inter-Con Security Systems Inc. for parking enforcement services and authorize the City Manager or his designee to execute the amendment; and

1. Approve Resolution CC 2025-79 increasing the Police Department 2025-26 budget revenue and appropriation by an additional $27,951.

2. CC 6. Amendment to the Professional Services Agreement with Acorn Technology Services to Provide Onsite and Backup Support for Information Technology Services
107
Staff Recommendation:

Authorize the City Manager to execute the amendment to the agreement with Acorn Technology Services.

CC 7. City-Wide Pavement Management Program Update – Project No. P2603 133 Staff Recommendation:

Award a Professional Services Agreement (PSA) for the City-Wide Pavement Management Program Update preparation to Bucknam Infrastructure Group, Inc. in the amount of $60,275 and authorize the City Manager to execute the contract.

CC 8. Renewal of Subrecipient Agreement for Senior Nutrition Program Services with YWCA of San Gabriel Valley for FY 2025-2026 165

Staff Recommendation:

Approve the renewal of Subrecipient Agreement for Senior Nutrition Program Services with YWCA of San Gabriel Valley for FY 2025-2026 and authorize the City Manager to execute the Agreement.

CC 9. Award of Professional Services Agreements (PSAs) for Construction Support and Submittal Review Services to EC + Associates Engineering, Inc. for an Amount Not-to-Exceed $50,000 and Jake Martinez for an Amount Not-toExceed $50,000 191
Staff Recommendation:

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

1. 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.

2. CC 10. Adoption of Ordinance 25-05 233
Staff Recommendation:

Adopt Ordinance 25-05 Entitled, “Updating Chapter 9.48 of the Covina Municipal Code to Identify Additional Areas Where Smoking Is Prohibited”.

CC 11. AB481 Annual Report for 2024 241
Staff Recommendation:

Review and Approve AB481 Annual Report for 2024.

PUBLIC HEARINGS
PH 1. 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
271
Staff Recommendation:

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

1. 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.

2. PH 2. Approving the Engineer’s Report for Levying Assessments on the Vehicle Parking District No. 1 for FY 2026 and Confirming the Engineer’s Report and Ordering the Levying and Collection of Assessments for Vehicle Parking District No. 1 for FY 2026
337
Staff Recommendation:

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

1. Adopt Resolution CC 2025-76 approving the Engineer’s Report Dated June 3, 2025, for levying assessments on the Vehicle Parking District

2.

No. 1 for Fiscal Year 2026; and
Adopt Resolution CC 2025-77 confirming the Engineer’s Report dated June 3, 2025 and ordering the levying and collection of assessments for Vehicle Parking District No. 1 for Fiscal Year 2026.

3. PH 3. Adopt Resolution Confirming the Engineer’s Report dated June 3, 2025 and Ordering the Levying of Assessments on the Covina Lighting District No. 1978-79 for Fiscal Year 2026
359
Staff Recommendation:

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

1. Adopt Resolution CC 2025-75 confirming the Engineer’s Report dated June 3, 2025 and ordering the levying of assessments on the Covina Lighting District No. 1978-1979 for Fiscal Year 2026.

2. ADJOURNMENT
The Covina City Council/Successor Agency to the Covina Redevelopment Agency/Covina Public Financing Authority/Covina Housing Authority will adjourn to its next regular meeting of the Council/Agency/Authority scheduled for Tuesday, July 15, 2025, at 6:30 p.m. for closed session and at 7:30 p.m. for open session inside the Council Chamber at City Hall, located at 125 East College Street, Covina, California, 91723.

1 CITY COUNCIL/SUCCESSOR AGENCY TO THE COVINA REDEVELOPMENT

AGENCY/COVINA PUBLIC FINANCING AUTHORITY/COVINA HOUSING

AUTHORITY JOINT MEETING

MINUTES
June 3, 2025, 6:30 p.m.
125 E. College Street, Covina, California
Council Chamber of City Hall
Councilmembers Present: Councilmember Walter Allen, III Councilmember Patricia Cortez
Councilmember John C. King
Mayor Pro Tem/Vice-Chair Hector Delgado
Mayor/Chair Victor Linares
Staff Present: City Clerk Drew Aleman (Elected Member)
City Treasurer Neil Polzin (Elected Member)
City Manager Chris Marcarello
City Attorney Candice K. Lee
Community Development Director/Deputy City Manager Brian Lee Parks & Recreation/Library Services Director Lisa Evans Public Works Director/City Engineer Rafael M. Fajardo
Deputy City Manager Angel Carrillo
Chief Deputy City Clerk Fabian Velez
Staff Absent: Interim Finance Director Theresa Franke
_____________________________________________________________________

2 JOINT MEETING—CLOSED SESSION 6:30 PM

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

PUBLIC COMMENTS - CLOSED SESSION
There were no public comments.

CLOSED SESSION
The City Council/Successor Agency to the Covina Redevelopment Agency/Covina Public Financing Authority/Covina Housing Authority adjourned to closed session for the following:

A. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Paragraph (1) of subdivision (d) of Section 54956.9)
Name of Case: Frankie Lee Dominguez, Jr. v. City of Covina, et al.

B. Government Code § 54957 - PUBLIC EMPLOYEE PERFORMANCE

EVALUATION
Title: City Manager & City Attorney
RECESS
Mayor Linares recessed the Council to Closed Session at 6:32 p.m.

JOINT MEETING—OPEN SESSION 7:30 PM

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

ROLL CALL

PLEDGE OF ALLEGIANCE
Led by Councilmember King.

INVOCATION
Given by Covina Police Chaplain Chuck Cannizzaro.

APPROVAL OF AGENDA
Motion made by: Councilmember King
Seconded by: Councilmember Allen
Approve the agenda as presented.

Approved (5 to 0)

3 PRESENTATIONS
A. Pride Month Proclamation
Mayor Linares informed the community that due to a scheduling conflict the recipient of the Pride Month Proclamation was unable to attend the meeting and read the proclamation declaring June 2025 as Pride Month.

CLOSED SESSION REPORT
City Attorney Lee announced that direction was given to staff and no reportable action was taken but the City Council desired to reconvene into closed session at the end of the regular meeting.

PUBLIC COMMENTS
Neil Polzin commented on Consent Calendar items CC 23, regarding updates to the fraud and enforcement policies and public comment time limits, and CC 4, regarding the Police Chief salary and related salary study.

Dr. B commented on Consent Calendar items CC 4, regarding financial resources for the Police Chief salary, and CC 23, regarding the draft documents included in the agenda packet and sections relating to conduct by those in attendance. Dr. B also touched on the Pride Month Proclamation and requested an update regarding a cross walk for the Fourth Ave. and Badillo St. Intersection.

Susan Zermeno requested clarification for policy amendments proposed in Consent Calendar item CC 23.

Rick Brannen addressed his concerns with the increase in fence height allowance from three feet to five feet.

Scott Sarver thanked the City, City Council, Police Department, and Fire Department for honoring the passing of his mother, former Mayor Linda Sarver, and provided a brief insight to her time serving the City.

Jose Cabral informed the City Council of issues relating to parking in the Zest development and proposed solutions to address the problem.

George spoke on Consent Calendar item CC 23 and the proposed amendment to the public comment time limit.

Richard Darkhorse shared the work recently completed by the American Legion Riders in rehabilitating the Veterans' wall located in Jalapa Park and inquired as to what can be done for the disconnected fountain in the park.

Dave Everett from the Western Electrical Contractors Association expressed his opposition to Consent Calendar item CC 5 and the associated Peace Labor Agreement.

COUNCIL/AGENCY/AUTHORITY COMMENTS
Councilmember Allen provided kind words for former Mayor Sarver, thanked Forest Lawn, Councilmember King, and Councilmember Cortez for their contributions on a recent Memorial Day event. He also requested that the City Council adjourn in honor of fallen Baldwin Park Police Officer Samuel Riveros and thanked the Covina Police Department for providing assistance to the Baldwin Park Police Department.

4 Councilmember King also thanked Forest Lawn and Councilmember Allen for their work on the Memorial Day event.

Councilmember Cortez echoed thanks for Forest Lawn for the Memorial Day event and encourage the community to join next year's event. Councilmember Cortez honored and commemorated Pride Month and community members in the LGBTQIA+ community and thanked the Parks & Recreation Department for their assistance with the Kiwanis' Pancake Breakfast fundraiser for student scholarships.

Mayor Pro Tem Delgado thanked Scott Sarver for the kind words and offered condolences to his family. He also shared his experience with the recent fire in the City located at the 1300 block of West San Bernardino Rd., thanked the Parks & Recreation, Police, and Fire Departments for their efforts in assistance. Mayor Pro Tem Delgado also expressed his support for the work of the American Legion Riders.

Mayor Linares acknowledged the tragedy that occurred in Baldwin Park concerning fallen officer Riveros and expressed the City's solidarity in support. He also provided kind words for former Mayor Sarver. Lastly, he invited the community to the Taste of Covina event taking place on June 12, 2025, at Heritage Park beginning at 6:00 p.m.

CITY MANAGER COMMENTS
City Manager Marcarello highlighted the changes to the Police Chief Salary proposed Consent Calendar item CC 4. City Manager Marcarello then invited Police Chief Walczak to speak on the upcoming retirement of Police Captain Dan Regan.

Police Chief Walczak provided a brief summary of the events concerning the Baldwin Park Police Department. He then provided a background on Captain Regan's work with the Covina Police Department. Police Captain Regan thanked the Police Chief for the kind words and expressed his appreciation for his 35 years of service with the City.

CONSENT CALENDAR
CC 1. Payment of Demands
Motion made by: Mayor Pro Tem Delgado
Seconded by: Councilmember King
Approve Payment of Demands in the amount of $7,167,156.78.

Approved (5 to 0)
CC 2. City of Covina Investment Report for Month Ended April 30, 2025 Motion made by: Mayor Pro Tem Delgado
Seconded by: Councilmember King
Receive and File.

Approved (5 to 0)
CC 3. Purchase Agreement with A-Z Bus Sales, Inc. for the Procurement of a Zero Emission Transit Vehicle for the Dial-A-Ride (Covina Transit) Program

5 Motion made by: Mayor Pro Tem Delgado
Seconded by: Councilmember King
Authorize the City Manager to execute a Purchase Agreement with A-Z Bus Sales, Inc. for the Procurement of a new Zero Emission Transit Vehicle for the Dial-ARide (Covina Transit) Program in an amount not-to-exceed $145,851.47.

Approved (5 to 0)
CC 4. Approval of Chief of Police Employment Agreement
Motion made by: Mayor Pro Tem Delgado
Seconded by: Councilmember King
That the City Council approve the Employment Agreement for Richard Walczak as Chief of Police and authorize the City Manager to sign said Employment Agreement.

Approved (5 to 0)
CC 5. Amending the Fiscal Year 2024/2025 Capital Improvement Program to Increase Funding for the Covina Recreation Village Project and Authorize the Director of Public Works to Approve a Change Order for the Construction of Phase II - Library
Motion made by: Mayor Pro Tem Delgado
Seconded by: Councilmember King

1. Approve plans and specifications for the Covina Recreation Village Project Phase II – Library;

2. Adopt Resolution CC 2025-40 appropriating $4,179,776.36 from various funding sources to the Covina Recreation Village Project in order to provide additional funding for the construction of Phase II – Library;

3. Authorize the Director of Public Works/City Engineer to approve a contract change order for the Covina Recreation Village Project to Perera Construction and Design, Inc. in the amount of $9,276,796.36 for the construction of the new library building; and

4. Authorize a project contingency amount of $565,281.10 to cover the cost of unforeseen construction expenses.

Approved (5 to 0)
CC 6. Request to Amend the City’s Classification Plan to Establish the Classification of Information Technology Technician
Motion made by: Mayor Pro Tem Delgado
Seconded by: Councilmember King
That the City Council adopt Resolution CC 2025-62 to establish and amend the City's Classification plan, and establish the new job description and salary range for Information Technology Technician within the Mid-Management, Supervisory and Professional, and Confidential and Technical Employees (Unaffiliated) Compensation Rules.

Approved (5 to 0)

6 CC 7. Adopting a Records Retention Schedule and Authorizing the Destruction of Certain City Records
Motion made by: Mayor Pro Tem Delgado
Seconded by: Councilmember King

1. Adopt Joint Resolution CC 2025-58 rescinding Resolution CC 2024-14 and adopting a Records Retention Schedule; and

2. Adopt Resolution CC 2025-59 authorizing the destruction of certain City records.

Approved (5 to 0)
CC 8. Adoption of Resolutions Relating to the Annexation of Territory to Community Facilities District No. 2007-1, Declaring Intention to Authorize Annexation, Adopting Boundary Map, and Setting the Public Hearing Date for July 15, 2025
Motion made by: Mayor Pro Tem Delgado
Seconded by: Councilmember King

1. Adopt City Resolution CC 2025-42, declaring intention to authorize the annexation of territory (1207 West Badillo Street, Covina//Annexation 38) to Community Facilities District No. 2007-1 (Public Services); and

2. Adopt City Resolution CC 2025-43, adopting boundary map showing territory proposed to be annexed in the future to Community Facilities District No. 2007-1 (Public Services).

Approved (5 to 0)
CC 9. Royal Oak Middle School Greening and Forestry Plan Update and Resolution CC 2025-41; Finding the Royal Oak Middle School Greening and Forestry Plan Exempt from CEQA
Motion made by: Mayor Pro Tem Delgado
Seconded by: Councilmember King
Adopt Resolution CC 2025-41.

Approved (5 to 0)
CC 10. Professional Services Agreement with Robert Half for Temporary Staffing Motion made by: Mayor Pro Tem Delgado
Seconded by: Councilmember King
Approve Professional Services Agreement with Robert Half.

Approved (5 to 0)
CC 11. Establishment of Fiscal Year 2025-2026 Article XIIIB Appropriation Limit for the City of Covina
Motion made by: Mayor Pro Tem Delgado
Seconded by: Councilmember King

7 Adopt Resolution CC 2025-51 establishing the Fiscal Year 2025-2026 Article XIIIB Appropriation Limit for the City of Covina.

Approved (5 to 0)
CC 12. Adopt Resolution CC 2025-53 Declaring the Intent to Levy and Collect Assessments on Vehicle Parking District No. 1 for Fiscal Year 2026 and Set Public Hearing for Protests in Relation Thereto
Motion made by: Mayor Pro Tem Delgado
Seconded by: Councilmember King

1. City Council to receive and file the Engineer’s Report; and

2. Adopt Resolution CC 2025-53 declaring the City’s intention to levy and collect assessments on Vehicle Parking District No. 1 for Fiscal Year 2026 and setting the Public Hearing date for July 1, 2025 for hearing protests in relation thereto.

Approved (5 to 0)
CC 13. Resolution CC 2025-49 Accepting the Public Improvements Associated with Tract No. 82874 “Covina Bowl”
Motion made by: Mayor Pro Tem Delgado
Seconded by: Councilmember King
Adopt Resolution CC 2025-49 accepting the public improvements associated with Tract No. 82874 “Covina Bowl”.

Approved (5 to 0)
CC 14. Resolution CC 2025-50 Accepting the Public Improvements Associated with Tract No. 83178 “Vita Pakt”
Motion made by: Mayor Pro Tem Delgado
Seconded by: Councilmember King
Adopt Resolution CC 2025-50 accepting the public improvements associated with Tract No. 83178 “Vita Pakt”.

Approved (5 to 0)
CC 15. Resolution CC 2025-52 Accepting the Public Improvements Associated with Tract No. 83343 “Century Communities”
Motion made by: Mayor Pro Tem Delgado
Seconded by: Councilmember King
Adopt Resolution CC 2025-52 accepting the public improvements associated with Tract No. 83343 “Century Communities”.

Approved (5 to 0)

8 CC 16. Memorandum(s) of Understanding with Covina Valley Unified, Charter Oak Unified and Azusa Unified School Districts Regarding School Resource Officers
Motion made by: Mayor Pro Tem Delgado
Seconded by: Councilmember King
Approve the three Memorandum of Understanding (MOU) to assign School Resource Officers (SRO) within Covina Valley Unified, Charter Oak Unified and Azusa Unified School Districts and authorize the City Manager or his designee to execute the MOUs.

Approved (5 to 0)
CC 17. Ordering the Engineer’s Report and Approving the Engineer’s Report and Declaring the Intent to Levy and Collect Assessments for Covina’s Lighting District No. 1978-79 for Fiscal Year 2026 and Set Public Hearing for Protests in Relation Thereto
Motion made by: Mayor Pro Tem Delgado
Seconded by: Councilmember King

1. Adopt Resolution CC 2025-56 ordering the City’s Assessment Engineer to prepare and file a report levying assessments within the Covina Lighting District No. 1978-79 for Fiscal Year 2026; and

2. Adopt Resolution CC 2025-57 approving the Engineer’s Report and declaring its intention to levy and collect assessments on the Covina Lighting District No. 1978-79 for Fiscal Year 2026 and setting the Public Hearing date for July 1, 2025 for hearing protests in relation thereto.

Approved (5 to 0)
CC 18. Traffic Signal and Street Light Maintenance Services – Proposed Professional Services Agreement with Bear Electrical Solutions, LLC
Motion made by: Mayor Pro Tem Delgado
Seconded by: Councilmember King
Authorize the City Manager to execute the attached Professional Services Agreement (PSA) with Bear Electrical Solutions, LLC for Traffic Signal and Street Light Maintenance Services for a three-year period between July 1, 2025 and June 30, 2028 for an amount not-to-exceed $495,906.

Approved (5 to 0)
CC 19. Approval of Second Amendment to Agreement between the City of Covina and BOSS Janitorial Services, Inc for City-Wide Janitorial Maintenance Services
Motion made by: Mayor Pro Tem Delgado
Seconded by: Councilmember King

9 Authorize the City Manager to execute the Second Amendment to the Professional Services Agreement with Boss Janitorial Services, Inc extending the contract two additional fiscal years from July 1, 2025, through June 30, 2027.

Approved (5 to 0)
CC 20. Ordering the Engineer’s Report, Approving the Engineer’s Report, and Declaring the Intent to Levy and Collect Assessments on Covina Landscaping District No. 1 for Fiscal Year 2026 and Set Public Hearing for Protests in Relation Thereto
Motion made by: Mayor Pro Tem Delgado
Seconded by: Councilmember King

1. Adopt 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 Fiscal Year 2026; and

2. Adopt 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 Fiscal Year 2026 and setting the Public Hearing date for July 1, 2025 for hearing protests in relation thereto.

Approved (5 to 0)
CC 21. Covina Park Aquatic Center Pool Filter Replacement – Final Acceptance and Filing Notice of Completion
Motion made by: Mayor Pro Tem Delgado
Seconded by: Councilmember King

1. Accept the work performed by Waterline Technologies, Inc; and

2. Authorize the City Clerk to file a Notice of Completion for Covina Park Aquatic Center Pool Filter Replacement.

Approved (5 to 0)
CC 22. Fuel Station Painting and Building Painting at the Public Works Yard – Final Acceptance and Filing Notice of Completion
Motion made by: Mayor Pro Tem Delgado
Seconded by: Councilmember King

1. Accept the work performed by Sky JTC Corporation (dba Sky Painting); and

2. Authorize the City Clerk to file a Notice of Completion for the Fuel Station Painting and Building Painting at the Public Works Yard.

Approved (5 to 0)
CC 24. Approval of Professional Services Agreement with ClientFirst Technology Consulting for Technology Master Planning, Land Management Software Assessment, and Utility Billing Software Selection Services

10 Motion made by: Mayor Pro Tem Delgado
Seconded by: Councilmember King
Authorize the City Manager to execute the attached Professional Services Agreement with ClientFirst Technology Consulting Group, LLC, for a one-year period from June 3, 2025, to June 2, 2026, in an amount not to exceed $178,380.

Approved (5 to 0)
CC 25. Establishment of Post-Employment Health Savings Plan (PEHP) through Nationwide Retirement Solutions for Police Management Group (PMG) Effective June 3, 2025; and Side Letter Agreement between the City/PMG Motion made by: Mayor Pro Tem Delgado
Seconded by: Councilmember King

1. Adopt Resolution CC 2025-63, to establish a Post-Employment Health Savings Plan (PEHP) through Nationwide Retirement Solutions for the Police Management Group (PMG) as set forth in City/PMG Memorandum of Understanding (MOU) dated July 1, 2024 – June 30, 2028.; and

2. Authorizing the City Manager to execute a Side Letter Agreement between the City of Covina and the Police Management Group (PMG), revising Article 14.4.D.

Approved (5 to 0)

CONSENT CALENDAR ITEM PULLED FOR SEPARATE DISCUSSION
CC 23. Review of City Council Policies/Protocols
Staff Recommendation:

That the City Council approve the recommendations made by the Ad-Hoc Committee to update various policy and procedure guidelines City Manager Marcarello provided an overview of the item. Question and discussion between the City Council included reasoning for decreasing the public comment time limit to three (3) minutes, the purpose of requesting members address the City Council through the designated microphone, the duty to remove anyone impeding the conduct of business, addressing items with large numbers of speakers, full attendance for elected officials, the status of current fraud investigations, and etiquette of speakers in recent City Council meetings.

Motion made by: Councilmember Cortez
Seconded by: Councilmember Allen
That the City Council approve the recommendations made by the Ad-Hoc Committee to update various policy and procedure guidelines and return the item in three months for additional review.

Approved (5 to 0)

11 PUBLIC HEARINGS
PH 1. Consideration of Resolutions Authorizing Annexation of Territory to City of Covina Community Facilities District No. 2007-1 (Public Services) (Annexation No. 37), and to Call and Hold a Special Election (270 West Dexter Street, Covina)
Staff Recommendation:

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

2. Adopt Resolution CC 2025-46, authorizing the annexation of territory to Community Facilities District No. 2007-1 (Annexation No. 37) and authorizing the levy of a special tax and submitting the levy of tax to the qualified electors; and

3. Adopt Resolution CC 2025-47, calling a special election and submitting to the voters of Annexation No. 37 of City of Covina Community Facilities District No. 2007-1 (Public Services), propositions regarding the annual levy of special taxes within Annexation No. 37 to finance public services, and the establishment of an appropriations limit; and

4. Adopt Resolution CC 2025-48 making certain findings, certifying the results of an election and adding property to Community Facilities District No. 2007-1 (Public Services), Annexation No. 37.

The agenda report was provided by Management Analyst Alice Leung.

Mayor Linares opened the public hearing.

There were no public comments, nor did anyone wish to submit a written protest.

Mayor Linares closed the public hearing.

City Clerk Aleman confirmed that no written protest had been received and therefore, a majority did not exist.

Mayor Linares had announced that because a majority protest did not exist, it was appropriate for the City Council to consider resolutions annexing the territory and calling a special election within the annexation area.

Motion made by: Councilmember King
Seconded by: Councilmember Allen

1. Adopt Resolution CC 2025-46, authorizing the annexation of territory to Community Facilities District No. 2007-1 (Annexation No. 37) and authorizing the levy of a special tax and submitting the levy of tax to the qualified electors; and

2. Adopt Resolution CC 2025-47, calling a special election and submitting to the voters of Annexation No. 37 of City of Covina Community Facilities District No. 2007-1 (Public Services), propositions regarding the annual levy of special taxes within Annexation No. 37 to finance public services, and the establishment of an appropriations limit.

Approved (5 to 0)

12 City Clerk Aleman confirmed that the ballots had been received and at the Mayor’s request proceeded to canvass the ballots.

City Clerk Aleman completed the canvassing of the ballots and reported that:
 On Proposition A, one (1) vote was cast in support of the proposition and 0 votes were cast in opposition to the proposition; therefore, Proposition A was approved with 100% vote in favor.
 On Proposition B, one (1) vote was cast in support of the proposition and 0 votes were cast in opposition to the proposition; therefore, Proposition B was approved with 100% vote in favor.

Motion made by: Councilmember King
Seconded by: Mayor Pro Tem Delgado
Adopt Resolution CC 2025-48 making certain findings, certifying the results of an election and adding property to Community Facilities District No. 2007-1 (Public Services), Annexation No. 37.

Approved (5 to 0)
PH 2. Introduction of Ordinance 25-03
Mayor Linares opened the public hearing.

The agenda report was provided by Planning Consultant Nancy Fong.

There were no public comments.

Mayor Linares closed the public hearing.

Motion made by: Councilmember King
Seconded by: Councilmember Cortez
Waive full reading and introduce Ordinance 25-03 entitled, “An Ordinance of the City Council of the City Of Covina, California, approving Zone Change (ZCH) 25- 2 and amending the City's official Zoning Map for 340 parcels from the existing RD Residential Zone (Multifamily, RD 1250 and RD 1500) to High Density Residential (HDR) Zone and the list of Assessors’ Parcel Numbers are attached hereto as Exhibit A, and making a finding of Exemption Pursuant to CEQA Guidelines Section 15061(b)(3)”.

Approved (5 to 0)
PH 3. Ordering the Annexation of Territory to Covina Landscape Maintenance District No. 1, Confirming a Diagram and Assessment, Ordering the Improvements, and the Levy and Collection of Assessments within such Territory for FY 2025/2026
Mayor Linares opened the public hearing.

The agenda report was provided by Public Works Director/City Engineer Fajardo.

There were no public comments.

Mayor Linares closed the public hearing.

13 Motion made by: Councilmember Allen
Seconded by: Mayor Pro Tem Delgado

1. Conduct a public hearing and consider all testimony that may be forthcoming; and

2. Adopt Resolution CC 2025-44 Ordering the Annexation of Territory to Covina Landscape Maintenance District No. 1, Confirming a Diagram and Assessment, Ordering the Improvements, and the Levy and Collection of Assessments within such Territory for FY 2025/2026.

Approved (5 to 0)
PH 4. Adopt Resolution Ordering the Annexation of Territory to Covina Lighting District No. 1978-79, Confirming a Diagram and Assessment, Ordering the Improvements, and the Levy and Collection of Assessments within Such Territory for FY 2025/2026
Mayor Linares opened the public hearing.

The agenda report was provided by Public Works Director/City Engineer Fajardo.

There were no public comments.

Mayor Linares closed the public hearing.

Motion made by: Councilmember King
Seconded by: Councilmember Cortez

1. Conduct a public hearing and consider all testimony that may be forthcoming; and

2. Adopt Resolution CC 2025-45 Ordering the Annexation of Territory to Covina Lighting District No. 1978-79, Confirming a Diagram and Assessment, Ordering the Improvements, and the Levy and Collection of Assessments within such Territory for FY 2025/2026.

Approved (5 to 0)

NEW BUSINESS
NB 1. Introduction of Ordinance 25-02 Amending Chapter 2.54 (Public Projects) of Title 2 (Administration and Personnel)
The agenda report was provided by Public Works Director/City Engineer Fajardo.

There were no questions from the City Council.

Motion made by: Councilmember Cortez
Seconded by: Councilmember Allen
Waive full reading and introduce Ordinance 25-02, entitled “Amending Chapter

2.54 (Public Projects) of Title 2 (Administration and Personnel) of the Covina Municipal Code, Revising Procedures and Requirements for Bidding of Public Works Projects, and Finding this Ordinance to be Exempt Under the California Environmental Quality Act (CEQA)”.

Approved (5 to 0)

14 ADJOURNMENT
At 9:11 p.m., the Covina City Council/Successor Agency to the Covina Redevelopment Agency/Covina Public Financing Authority/Covina Housing Authority adjourned in memory of fallen Baldwin Park Police Officer Riveros and former Mayor Sarver to its next regular meeting of the Council/Agency/Authority scheduled for Tuesday, June 17, 2025, at 6:30 p.m., for closed session and 7:30 p.m., for open session in the Council Chamber located inside of City Hall, 125 East College Street, Covina, California, 91723.

The City Council recessed into its continued Closed Session. ________________________________
Fabian Velez, Chief Deputy City Clerk
____________________________
Victor Linares, Mayor/Chair

CITY OF COVINA AND

SUCCESSOR AGENCY TO THE

COVINA REDEVELOPMENT AGENCY

AGENDA ITEM REPORT
ITEM NO.CC 2
Meeting: July 1, 2025
Title: Payment of Demands
Presented by: Theresa Franke, Interim Director of Finance Recommendation: Approve Payment of Demands in the amount of $3,157,704.61.

EXECUTIVE SUMMARY/BACKGROUND:

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

Accounts Payable Warrants May 30, 2025 – June 12, 2025
CITY checks/EFTs $ 2,086,007.30
CITY payroll $ 1,051,628.99
CITY voids $ (4,616.78)
Worker’s Comp $ 24,338.95
$ 3,157,358.46
SACRA checks/EFTs $ 101.25
SACRA payroll $ 244.90
$ 346.15
TOTAL checks/EFTs $ 3,157,704.61
DISCUSSION:

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

FISCAL IMPACT:

Sufficient funding is available and the related costs are included in the Fiscal Year 24/25 budget.

Respectfully submitted,

CITY OF COVINA
Check Register
May 30, 2025 - June 12, 2025
Check # Check Date Vendor Name Amount
6021 06/05/2025 4003 MidAmerica 2,248.20
20972 06/05/2025 788 COVINA, CITY OF 95.71 *
20973 06/05/2025 2033 NATIONWIDE RETIREMENT SOLUTIONS 7,500.00 20974 06/05/2025 487 CalPERS 98,261.10
20975 06/05/2025 788 COVINA, CITY OF 49,512.84 *
20976 06/05/2025 789 COVINA-FSA, CITY OF 1,590.82
20977 06/05/2025 2033 NATIONWIDE RETIREMENT SOLUTIONS 30,703.39 20978 06/05/2025 487 CalPERS 7,183.73
subtotal EFT/wires/direct deposits 197,095.79
Internal transfers - workers comp allocation - no net cash effect (49,608.55) * subtotal EFT/wires/direct deposits less Internal Transfers $147,487.24 126552 06/05/2025 82 AIR-BREE HEATING 392.00
126553 06/05/2025 113 ALL CITY MANAGEMENT SVC 15,522.12 126554 06/05/2025 160 AMERICAN WEST COAST SECURITY 435.00 126555 06/05/2025 219 AT&T 30.21
126556 06/05/2025 239 AUTOZONE INC 89.49
126557 06/05/2025 254 AZUSA LIGHT & WATER 2,633.11
126558 06/05/2025 260 B & K ELECTRIC WHOLESALE 46.67
126559 06/05/2025 381 BOOMERANG BLUEPRINT 184.37
126560 06/05/2025 437 BURRO CANYON ENT INC 60.00
126561 06/05/2025 493 CWE 14,195.15
126562 06/05/2025 572 CATHOLIC CHARITIES OF LOS ANGELES 8,268.00 126563 06/05/2025 654 CITRUS CAR WASH 119.96
126564 06/05/2025 664 CIVILTEC ENGINEERING INC. 9,175.00 126565 06/05/2025 700 COLLEY FORD 75.73
126566 06/05/2025 783 CITY OF COVINA WATER 136.17
126567 06/05/2025 947 DUNN EDWARDS CORP 348.34
126568 06/05/2025 970 EDISON CO 4,846.47
126569 06/05/2025 1055 FEDEX 16.96
126570 06/05/2025 1198 GLOBALSTAR LLC 103.99
126571 06/05/2025 1215 GONZALES, RICHARD 672.00
126572 06/05/2025 1235 GRAINGER 244.07
126573 06/05/2025 1275 HAAKER EQUIPMENT CO 3,762.26
126574 06/05/2025 1361 HOLLIDAY ROCK CO INC 293.08
126575 06/05/2025 1417 IMS COMMERCIAL ICE SYSTEM REGRIGERATION 299.14 126576 06/05/2025 1531 JW LOCK CO INC 162.27
126577 06/05/2025 1603 COUNTY OF LOS ANGELES 1,692.00
126578 06/05/2025 1694 LEWIS ENGRAVING INC 26.52
126579 06/05/2025 1707 LIEBERT CASSIDY WHITMORE 16,996.00 126580 06/05/2025 1754 LOWE'S COMPANIES INC 954.72
126581 06/05/2025 1895 MERRIMAC ENERGY GROUP 63,581.87
126582 06/05/2025 1933 MISSION LINEN SUPPLY 22.77
126583 06/05/2025 2004 MUNICIPAL MGMT ASSOC OF SOCAL 250.00 126584 06/05/2025 2027 NAPA AUTO PARTS 493.00
126585 06/05/2025 2091 O REILLY AUTO PARTS 225.44
126586 06/05/2025 2270 PLUMBING WHOLESALE OUTLET 47.83
126587 06/05/2025 2345 QUILL 2,229.68
126588 06/05/2025 2415 REPUBLIC MASTER CHEFS 293.14
126589 06/05/2025 2426 REYNOLDS MOTOR CORP. 42.80
126590 06/05/2025 2617 SGV ECONOMIC PARTNERSHIP 500.00
126591 06/05/2025 2800 T MOBILE USA 376.74
126592 06/05/2025 2818 GABE BF VAN LEEUWEN 311.85
Attachment A Page 1 of 6

CITY OF COVINA
Check Register
May 30, 2025 - June 12, 2025
Check # Check Date Vendor Name Amount
126593 06/05/2025 2846 THOMAS, TERRI 1,310.20
126594 06/05/2025 2852 THREE VALLEY MUN WATER DISTR 9,199.27 126595 06/05/2025 2855 SPECTRUM 135.00
126596 06/05/2025 2855 CHARTER COMMUNICATIONS 357.13
126597 06/05/2025 2903 TRI-XECUTEX CORP 100.00
126598 06/05/2025 2929 ULINE 296.76
126599 06/05/2025 2935 UNDERGROUND SERVICE ALERT 115.45 126600 06/05/2025 2954 URBAN GRAFFITI ENTERPRISES INC 14,400.00 126601 06/05/2025 2958 USPS - POC ACCOUNT #8098154 1,206.45 126602 06/05/2025 3052 WATERLINE TECHNOLOGIES INC 711.34 126603 06/05/2025 3082 WESTERN WATER WORKS SUPPLY 1,574.37 126604 06/05/2025 3085 WESTLAND CARPETS 15,955.12
126605 06/05/2025 3163 GENTRY BROTHERS INC 39,425.00
126606 06/05/2025 3190 LAYNE, JONATHAN DANIEL 686.00
126607 06/05/2025 3235 COOK, SHAWNA 1,097.60
126608 06/05/2025 3701 DEPARTMENT OF JUSTICE 639.00
126609 06/05/2025 3729 SUNBELT RENTALS INC 1,428.00
126610 06/05/2025 3735 QUADIENT LEASING USA, INC. 414.38 126611 06/05/2025 3810 MYERS & SONS HI-WAY SAFETY INC 144.71 126612 06/05/2025 3823 JEEPERS CREEPERS EXTERMINATING 294.00 126613 06/05/2025 3932 ARLENE D. MAR 147.00
126614 06/05/2025 3982 CAROL A CUGNO 896.00
126615 06/05/2025 3988 LANDSCAPE WAREHOUSE III 70.55
126616 06/05/2025 4065 VERIZON WIRELESS 707.99
126617 06/05/2025 4089 MEASOM, DEVIN THOMAS 856.80
126618 06/05/2025 4438 CALIFORNIA COMPUTER SCHOOLS, INC 75.00 126619 06/05/2025 4455 FRONTIER 558.98
126620 06/05/2025 4483 DALE A. GARRISON 511.00
126621 06/05/2025 4488 WILCOX SUPPLY INC 157.96
126622 06/05/2025 4509 Norman A Traub 12,124.88
126623 06/05/2025 4564 National Union Fire Ins. Co. of Pittsburgh, PA 765.00 126624 06/05/2025 4688 PCAM, LLC 69,671.85
126625 06/05/2025 4704 S & J Supply Company, Inc. 366.59 126626 06/05/2025 4714 CIR, Inc. 37,892.01
126627 06/05/2025 4719 O.S.T.S. Inc. 2,475.00
126628 06/05/2025 4764 UniFirst Corporation 433.15
126629 06/05/2025 4766 HASA, INC. 2,931.51
126630 06/05/2025 4804 Vihulu L. Villagran 252.00
126631 06/05/2025 4817 Weck Analytical Environmental Services, Inc. 746.00 126632 06/05/2025 4824 Occu-Med, Ltd. 3,658.70
126633 06/05/2025 4829 Alicia A. Flores 106.00
126634 06/05/2025 4835 ABBA TERMITE & PEST CONTROL, INC 125.00 126635 06/05/2025 4863 La Verne Power Equipment 123.56
126636 06/05/2025 4871 HARRINGTON INDUSTRIAL PLASTICS, LLC 540.85 126637 06/05/2025 4885 ELIE FARAH 10,240.00
126638 06/05/2025 4931 Antonio Castro Jr 3,071.60
126639 06/05/2025 4983 Ad Valorem Records,Inc. 3,086.43 126640 06/05/2025 5011 Excel Office Services 283.84
126641 06/05/2025 5075 Amalia Q. Seresinghe 663.60
126642 06/05/2025 5169 Occupational Health Centers of California 912.18 126643 06/05/2025 5262 SAUL CAMPOS 2,190.00
126644 06/05/2025 5269 CONTROL AIR ENTERPRISES LLC. 1,323.00 Attachment A Page 2 of 6

CITY OF COVINA
Check Register
May 30, 2025 - June 12, 2025
Check # Check Date Vendor Name Amount
126645 06/05/2025 5291 AMAZON CAPITAL SERVICES, INC 828.76 126646 06/05/2025 5346 TRIPEPI SMITH & ASSOCIATES INC 580.00 126647 06/05/2025 5368 WESCO SECURITY SYSTEMS INC 195.00 126648 06/05/2025 5404 SAN FERNANDO VALLEY ALARM CO. 82.00 126649 06/05/2025 5412 COVINA ANIMAL HOSPITAL 89.69
126650 06/05/2025 5423 SUSAN T SCHOCK 277.20
126651 06/05/2025 5435 CORE & MAIN LP 8,032.93
126652 06/05/2025 5533 KOSMONT & ASSOCIATES INC 3,283.80 126653 06/05/2025 5550 LEAH DAWN OSIER 923.00
126654 06/05/2025 5553 SOUTHERN TIRE MART LLC 278.36
126655 06/05/2025 5575 LINCO PICTURE FRAMING INC 400.00 126656 06/05/2025 5578 Daniella Andrade 11.00
126657 06/05/2025 5580 ROLLINS, INC 147.00
126658 06/05/2025 5582 KATHARINE CURTISS 917.00
126659 06/05/2025 5603 KAYLEE L BARNITT 646.80
126660 06/05/2025 5611 LYNN GONZALEZ 116.00
126661 06/05/2025 5616 BBR ATHLETICS INC 3,069.80
126662 06/05/2025 5625 LORD AUTO GLASS 620.00
126663 06/05/2025 5626 JENNIFER KOU 803.60
126664 06/05/2025 5629 MINUTEMAN PRESS COVINA 383.44
126665 06/05/2025 5634 PRACTICE 50,654.50
126666 06/05/2025 5642 SOFIA ANNA CHAVEZ 462.00
126667 06/05/2025 5647 KEITH J. MCHUGH 28.00
126668 06/05/2025 5659 GABRIEL GONZALEZ 900.00
126669 06/05/2025 5664 FORREST L. STORY 95.00
126670 06/05/2025 99999 ADELE PODACA 28.57
126671 06/05/2025 99999 CELIA RIPOLY 58.47
126672 06/05/2025 99999 DAVID RODRIGUEZ 236.11
126673 06/05/2025 99999 DYNAMX PHYSICAL THERAPY 32.10
126674 06/05/2025 99999 FELIPE MARTINEZ 120.65
126675 06/05/2025 99999 JANELLE INIGUEZ 67.45
126676 06/05/2025 99999 JASON LEE 46.29
126677 06/05/2025 99999 KAREN NAGY 1,429.99
126678 06/05/2025 99999 MARIO IBARRA 407.96
126679 06/05/2025 99999 MELISSA CASTANEDA 42.29
126680 06/05/2025 99999 STEPHANIE CHANG 60.02
126681 06/05/2025 99999 TRINIDAD CERVANTES 42.38
126682 06/05/2025 99999 WATERFALL POOL SERVICE 2,000.00 126683 06/05/2025 68 AFLAC ACCT# YQ792 WORLDWIDE HEADQUARTERS 4,629.67 126684 06/05/2025 69 AFSCME District Council 36 742.50
126685 06/05/2025 775 COVINA POLICE ASSOCIATION 2,650.00 126686 06/05/2025 878 DELTA DENTAL OF CALIFORNIA 9,395.54 126687 06/05/2025 3795 PRE-PAID LEGAL SERVICES, INC 155.48 126688 06/05/2025 3846 CLEA 1,008.00
126689 06/05/2025 4255 RELIASTAR LIFE INSURANCE COMPANY 4,805.28 126690 06/05/2025 4710 Fidelity Security Life Insurance Company 1,011.31 126691 06/12/2025 19 AARDVARK 64,502.42
126692 06/12/2025 158 AMERICAN TRAFFIC SOLUTIONS 35,551.50 126693 06/12/2025 219 AT&T 295.97
126694 06/12/2025 219 AT&T 115.64
126695 06/12/2025 254 AZUSA LIGHT & WATER 762.16
126696 06/12/2025 269 BAKER AND TAYLOR INC 3,048.08
Attachment A Page 3 of 6

CITY OF COVINA
Check Register
May 30, 2025 - June 12, 2025
Check # Check Date Vendor Name Amount
126697 06/12/2025 328 BENLO CO 369.74
126698 06/12/2025 411 BRODART CO 100.85
126699 06/12/2025 477 DEPT OF INDUSTRIAL RELATIONS 225.00 126700 06/12/2025 568 CAT SPECIALTIES INC 349.53
126701 06/12/2025 649 CINTAS CORP #693 779.26
126702 06/12/2025 653 CITRUS AUTO UPHOLSTERY 149.20
126703 06/12/2025 700 COLLEY FORD 112.57
126704 06/12/2025 766 COVINA DISPOSAL CO 19,475.52
126705 06/12/2025 783 CITY OF COVINA WATER 585.37
126706 06/12/2025 875 DELL MARKETING L.P. 9,725.21
126707 06/12/2025 880 DEMCO INC 80.68
126708 06/12/2025 970 EDISON CO 76,753.74
126709 06/12/2025 1055 FEDEX 18.13
126710 06/12/2025 1075 WEX BANK 120.19
126711 06/12/2025 1156 THE GAS COMPANY 2,273.81
126712 06/12/2025 1204 GOLDEN STATE WATER COMPANY 972.32 126713 06/12/2025 1235 GRAINGER 721.90
126714 06/12/2025 1361 HOLLIDAY ROCK CO INC 1,562.39
126715 06/12/2025 1429 INLAND EMPIRE STAGES 1,456.35
126716 06/12/2025 1437 INTER-CON SECURITY SYSTEMS INC 15,558.28 126717 06/12/2025 1505 JOHNNY'S POOL SERVICE 90.58
126718 06/12/2025 1531 JW LOCK CO INC 1,514.94
126719 06/12/2025 1615 REGIONAL TAP SERVICE CENTER 20.00 126720 06/12/2025 1754 LOWE'S COMPANIES INC 1,085.07
126721 06/12/2025 1788 MAMMOTH AUDIO SYSTEMS 2,400.00
126722 06/12/2025 1860 SSD SYSTEMS 397.38
126723 06/12/2025 1933 MISSION LINEN SUPPLY 22.77
126724 06/12/2025 2091 O REILLY AUTO PARTS 112.60
126725 06/12/2025 2101 OCLC 3,086.18
126726 06/12/2025 2163 PACIFIC PARKING SYS INC 568.18
126727 06/12/2025 2329 PUENTE READY MIX INC 1,314.29
126728 06/12/2025 2345 QUILL 165.83
126729 06/12/2025 2407 REGIONAL TAP SERVICE CENTER 348.40 126730 06/12/2025 2415 REPUBLIC MASTER CHEFS 463.05
126731 06/12/2025 2619 SGV EXAMINER 439.50
126732 06/12/2025 2676 SMART AND FINAL IRIS CORP 1,827.69 126733 06/12/2025 2711 SOUTHEAST CONSTRUCTION PRODUCTS - COVINA 424.37 126734 06/12/2025 2790 SWANK MOTION PICTURES INC 510.00 126735 06/12/2025 2855 CHARTER COMMUNICATIONS 148.16
126736 06/12/2025 2929 ULINE 188.14
126737 06/12/2025 2935 UNDERGROUND SERVICE ALERT 73.63
126738 06/12/2025 3023 VULCAN MATERIALS COMPANY 5,124.94 126739 06/12/2025 3082 WESTERN WATER WORKS SUPPLY 3,672.13 126740 06/12/2025 3729 SUNBELT RENTALS INC 364.90
126741 06/12/2025 3732 ILLINOIS LIBRARY ASSOCIATION 785.62 126742 06/12/2025 3796 RICHARDS, WATSON & GERSHON 39,156.40 126743 06/12/2025 3837 SONSRAY MACHINERY LLC 1,546.69
126744 06/12/2025 3988 LANDSCAPE WAREHOUSE III 938.29
126745 06/12/2025 4201 OFFICE TEAM - A ROBERT HALF COMPANY 33,213.10 126746 06/12/2025 4225 CORELOGIC SOLUTIONS, LLC 238.70
126747 06/12/2025 4236 ADT SECURITY SERVICES 986.76
126748 06/12/2025 4249 H.Q. ENTERPRISES 166.21
Attachment A Page 4 of 6

CITY OF COVINA
Check Register
May 30, 2025 - June 12, 2025
Check # Check Date Vendor Name Amount
126749 06/12/2025 4349 Intelli-Tech 129,588.65
126750 06/12/2025 4350 RKA Consulting Group 42,074.50
126751 06/12/2025 4360 MOORE IACOFANO GOLTSMAN, INC. 16,622.50 126752 06/12/2025 4379 789, Inc. 3,500.00
126753 06/12/2025 4406 MORITA, DUANE A 1,750.00
126754 06/12/2025 4455 FRONTIER 10,055.86
126755 06/12/2025 4713 Fisher Integrated, Inc. 1,200.00 126756 06/12/2025 4764 UniFirst Corporation 1,050.94
126757 06/12/2025 4784 Apollo Wood Recovery, Inc. 5,511.28 126758 06/12/2025 4833 Michael R. Hillmann 2,470.00
126759 06/12/2025 4854 CEJ Engineers, Inc. 20,078.00
126760 06/12/2025 4874 MARIA E. VELOSCO BEDRAN 4,289.29 126761 06/12/2025 4928 Springstead & Associates, Inc. 4,000.00 126762 06/12/2025 5011 Excel Office Services 401.60
126763 06/12/2025 5038 EC AND ASSOCIATES ENGINEERING INC. 28,750.00 126764 06/12/2025 5081 Veolia ES Technical Solutions, LLC 223.32 126765 06/12/2025 5137 MasterCorp Commercial Services LLC 4,748.20 126766 06/12/2025 5139 Crown Castle Fiber LLC 925.00
126767 06/12/2025 5186 DAYSMART SOFTWARE 1,131.50
126768 06/12/2025 5195 A3 COMMUNICATIONS, INC. 3,435.82 126769 06/12/2025 5228 ODP BUSINESS SOLUTIONS, LLC 90.68 126770 06/12/2025 5233 RODENT PEST TECHNOLOGIES 141.95
126771 06/12/2025 5269 CONTROL AIR ENTERPRISES LLC. 2,008.00 126772 06/12/2025 5291 AMAZON CAPITAL SERVICES, INC 1,468.14 126773 06/12/2025 5331 SPERIDAN TECHNOLOGIES LLC 3,500.00 126774 06/12/2025 5354 MALLORY SAFETY & SUPPLY LLC 372.66 126775 06/12/2025 5456 JOSE GONZALEZ 13,400.00
126776 06/12/2025 5521 COMPRESSOR DESIGN AND SERVICES INC 1,250.00 126777 06/12/2025 5531 CU TECHNOLOGY LLC / ACORN TECHNOLOGY SERVICES 18,000.00 126778 06/12/2025 5551 KATHERINE FORESTER 1,800.00
126779 06/12/2025 5553 SOUTHERN TIRE MART LLC 348.39
126780 06/12/2025 5576 ECLIPSE PRINTING & GRAPHICS LLC 5,192.57 126781 06/12/2025 5629 MINUTEMAN PRESS COVINA 502.53
126782 06/12/2025 5655 COVINA VALLEY WATER COMPANY 263,979.55 126783 06/12/2025 5664 FORREST L. STORY 360.00
126784 06/12/2025 5670 ROCKETOLOGY, LLC 355.00
126785 06/12/2025 5672 WERKSMAN JACKSON & QUINN, LLP CLIENT TRUST ACCOUNT 500,000.00 126786 06/12/2025 99999 ALONDRA ORTIZ 16.65
126787 06/12/2025 99999 AMALIA GUZMAN LOPEZ 56.98
126788 06/12/2025 99999 ANGIE BENAVIDES 971.76
126789 06/12/2025 99999 ELITE MANOR INC. 1,950.00
126790 06/12/2025 99999 JAMIE MARENCO 200.00
126791 06/12/2025 99999 KC WEALTH & INVESTMENTS INC 22.48 126792 06/12/2025 99999 MARCIA MUNOZ 70.62
126793 06/12/2025 99999 RICHARD CHAVEZ 168.00
126794 06/12/2025 99999 ROBERT RICO 644.69
126795 06/12/2025 99999 WRIGHT REAL PROPERTY MANAGEMENT 13.30 126796 06/12/2025 99999 YIFAN HUANG 65.92
126797 06/12/2025 1788 MAMMOTH AUDIO SYSTEMS 1,200.00
126798 06/12/2025 1788 MAMMOTH AUDIO SYSTEMS 1,200.00
subtotal checks 1,938,621.31 $
125096 02/13/2025 1924 MILLERS & ISHAMS (232.11)
Attachment A Page 5 of 6

CITY OF COVINA
Check Register
May 30, 2025 - June 12, 2025
Check # Check Date Vendor Name Amount
125697 03/27/2025 99999 GWYNETH FERNANDEZ-VO (469.68)
125720 04/03/2025 471 CALBO (85.00)
126202 05/01/2025 99999 KAREN NAGY (1,429.99)
126721 06/12/2025 1788 MAMMOTH AUDIO SYSTEMS (2,400.00) subtotal voids (4,616.78)
payroll (06/05/25) 1,051,873.89 $
workers' compensation 24,338.95 $
TOTAL checks/EFTs $3,157,704.61
Attachment A Page 6 of 6

CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. CC 3
Meeting: July 1, 2025
Title: City of Covina Investment Report for Month Ended May, 2025 Presented by: Theresa Franke, Director of Finance
Charles Russom, Sr. Management Analyst
Recommendation: Receive and File.

EXECUTIVE SUMMARY:

Pursuant to Government Code Section 53600 et seq. and Section 4.0 of the City of Covina’s Investment Policy, a monthly investment report must be provided to the City Council and City Manager, containing detailed information of all securities, investments and monies of the City.

DISCUSSION:

The attached report for the City and Successor Agency reflects the portfolio balances for the month ended May 31, 2025. The report is in conformity with the City’s Investment Policy as well as Government Code 53601. In accordance with the City's Investment Policy, the City Council authorizes staff to continue investing the City's idle funds in similar securities as those presented in these reports attached hereto. There is sufficient investment liquidity to meet the required reserve limits of the City’s operations.

FISCAL IMPACT:

None to receive and file.

Respectfully submitted,

CASH PER BANK AND INVESTMENT BALANCE 4/30/2025 $94,175,341.17 RECEIPTS 5/1/25-5/31/25 18,384,612.40 DISBURSEMENTS 5/1/25-5/31/25 (14,487,588.77) CASH PER BANK AND INVESTMENT BALANCE 5/31/2025 $98,072,364.80 ANALYSIS OF CASH PER BANK AND INVESTMENT BALANCE - BOOK VALUEINVESTMENT PORTFOLIO Attachment A-2 $52,443,030.71LOCAL AGENCY INVESTMENT FUND Attachment A-4 37,005,720.90TOTAL PUBLIC INVESTMENTS 89,448,751.61CHECKING / PETTY / STIFEL CASH BALANCES 8,623,613.19CASH PER BANK AND INVESTMENT BALANCE 5/31/2025 98,072,364.80CASH HELD BY BOND TRUSTEES 3,510,576.47TOTAL CASH PER BANK AND INVESTMENT / BOND TRUSTEE CASH BALANCE 5/31/2025 $101,582,941.27

CITY O F CO VINA INVESTMENT REPO RT
FO R THE MO NTH ENDED MAY 31, 2025
The purpose of this report is to provide readers with the overall cash position of the City. There is sufficient investment liquidity to meet the required reserve limits of the City's operations.

BOOK ACQUISITIONMATURITY MARKET

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

Drawer & Petty Cash N/A $7,780.12 N/A N/A $7,780.12
General - Checking Account BMO 3,459,571.63 N/A Demand 3,459,571.63 Public Agency Saving - Parking Fines BMO 94,343.34 N/A Demand 94,343.34 Utility Billing Account BMO 104,947.22 N/A Demand 104,947.22Workers' Compensation - Checking Account BMO 123,218.54 N/A Demand 123,218.54Payroll - Checking Account BMO 96,010.82 N/A Demand 96,010.82Money Market BMO 3,025,550.67 N/A Demand 3,025,550.67 AFLAC Flexible Spending Account BMO 19,976.22 N/A Demand 19,976.22 STIFEL Cash Per GL Various 1,692,214.63 Various Various 1,692,214.63STIFEL Investment Portfolio Various 52,443,030.71 Various Various 52,349,152.34Local Agency Investment Fund State of California 37,005,720.90 N/A Demand 37,005,720.90 Subtotal (A) $98,072,364.80 $97,978,486.43
Cash Held With 3rd Party Administrator:TRIP 2017A Covina Wilmington Trust $294,103.18 N/A Demand $294,103.18 LA County Loan Agreement U.S. Bank 1,625,068.63 N/A Demand 1,625,068.63 Other Post-Employment Benefits Charles Schwab 1,590,466.15 N/A Demand 1,590,466.152021 Taxable Pension Obligation Bonds U.S. Bank 935.92 N/A Demand 935.92 2019 Wastewater Refunding Bonds U.S. Bank 2.59 N/A Demand 2.59 Subtotal (B) $3,510,576.47 $3,510,576.47
TOTAL (A+B) $101,582,941.27 $101,489,062.90

CITY OF COVINA

CASH AND INVESTMENT SUMMARY
FOR THE MONTH ENDED MAY 31, 2025
The purpose of this schedule is to show the total cash and investments held by the City of Covina by account.

Exhibit A-2

CITY OF COVINA
Stifel
Investment Portfolio as of
May 2025
Issuer
Purchase
Date
Market Price Per
Share Qty
Total Original Cost
Value Coupon CUSIP Maturity Trustee
FEDL Agric MTG CorpMedium Term Note 06/30/22 95.730000 1,000,000 915,357.70 $ 0.9400 31422XGQ9 10/26/2026 Stifel FEDL Agric MTG Corp -
Medium Term Note 07/02/24 99.967000 1,000,000 1,000,000.00 5.2700 31424WLD2 7/9/2027 Stifel FEDL Agric MTG Corp -
Medium Term Note 01/16/25 99.914000 1,000,000 1,000,000.00 4.6300 3134HAW66 12/30/2027 Stifel Total Agricultural Mortgage 2,915,357.70 3,000,000 $
FEDL Farm Credit Bank Bond 02/02/22 96.041000 1,000,000 996,151.59 $ 1.5000 3133ENKV1 1/13/2027 Stifel Federal Farm Credit Bank Bond 04/07/22 98.383000 1,000,000 1,007,609.74 3.1500 3133EJDV8 3/22/2027 Stifel FEDL Farm Credit Bank Bond 08/12/24 99.894000 1,000,000 1,000,000.00 4.6200 3133ERNS6 8/12/2027 Stifel Total Federal Farm Credit 3,003,761.33 3,000,000 $
Tennessee Valley AuthPWR Bond 1995 SER E 06/30/22 100.972000 1,000,000 1,015,322.72 $ 6.7500 880591CJ9 11/1/2025 Stifel FEDL Home Loan Bank Bond 02/02/22 99.151000 1,000,000 1,006,110.53 2.6250 3130A6ZQ3 12/12/2025 Stifel FEDL Home Loan Bank Bond 04/07/22 98.615000 1,000,000 1,003,850.40 3.0000 3130A2VE3 9/11/2026 Stifel FEDL Home Loan Bank Bond 11/04/24 99.822000 1,000,000 1,000,000.00 3133ERZM6 4.3300 11/5/2026 Stifel FEDL NATL MTG ASSN Note 06/07/24 100.018000 1,000,000 1,000,000.00 5.2600 3135GATR2 6/10/2027 Stifel FEDL Home Loan Bank Bond 11/26/24 99.855000 1,000,000 1,000,000.00 4.5479 3133ERZS3 11/12/2027 Stifel FEDL Home Loan Bank Bond 11/19/24 99.869000 1,000,000 1,000,000.00 4.6248 3130B3RN5 11/19/2027 Stifel FEDL Home Loan Bank Bond 12/10/24 99.811000 1,000,000 1,000,000.00 3130B42Y6 4.5000 12/23/2027 Stifel FEDL Home Loan Bank Bond 02/18/25 100.079000 1,000,000 1,000,000.00 3130B4YQ8 4.6000 2/25/2028 Stifel FEDL Home Loan Bank Bond 12./23/2024 100.253000 1,000,000 1,002,190.53 4.6840 3130B0EE5 3/6/2028 Stifel FEDL Home Loan MTG CorpPool #WN2479 12/04/23 100.950800 1,000,000 993,437.50 4.9400 3132XGXH4 5/1/2028 Stifel FEDL NATL MTG ASSNPool#BSB8718 Balloon 03/05/24 99.950000 1,000,000 986,562.50 4.3800 3140LKVL4 6/1/2028 Stifel FEDL Home Loan Bank Bond 10/25/24 99.547000 1,000,000 1,000,000.00 4.5300 3130B3AS2 10/16/2028 Stifel FEDL Home Loan Bank Bond 11/04/24 99.898000 1,000,000 1,000,000.00 3133ERZT1 4.6700 11/7/2028 Stifel FEDL Home Loan MTG Corp -
Medium Term Note 11/19/24 99.886000 1,000,000 1,000,000.00 4.8982 3134HAXZ1 11/7/2028 Stifel FEDL Home Loan MTG CorpPOOL#WN2537 04/16/24 100.904900 1,000,000 989,687.50 4.9000 3132XGZB5 12/1/2028 Stifel FEDL Home Loan MTG CorpPool#WN2534 02/16/24 100.743100 1,000,000 997,187.50 4.9000 3132XGY83 12/1/2028 Stifel FEDL Home Loan MTG CorpPOOL#WN2559 4/10/2024 1,000,000 100.197000 979,062.50 4.6000 3132XGZZ2 1/1/2029 Stifel FEDL Home Loan Bank Bond 01/14/25 99.853000 1,000,000 1,000,000.00 3130B4MG3 5.0000 1/16/2029 Stifel FEDL NATL MTG ASSN Note 10/25/24 99.675000 1,000,000 1,000,000.00 4.4000 3135GAXR7 8/3/2029 Stifel FEDL Home Loan Bank Bond 09/04/24 99.068000 980,000 980,000.00 4.2000 3130B2GZ2 8/13/2029 Stifel FEDL Home Loan Bank Bond 09/09/24 98.619000 2,000,000 2,000,000.00 4.0000 3130B2NS0 9/4/2029 Stifel FEDL Home Loan Bank Bond 10/25/24 99.429000 1,000,000 990,500.00 4.0000 3130B32X0 10/2/2029 Stifel FEDL Home Loan Bank Bond 10/25/24 99.574000 1,000,000 1,000,000.00 4.6500 3130B3F65 10/22/2029 Stifel FEDL Home Loan Bank Bond 11/05/24 99.796000 1,000,000 1,000,000.00 3130B3M67 4.5000 11/13/2029 Stifel Total Federal Home Loan 25,943,911.68 25,980,000 $

Stifel
Investment Portfolio as of
May 2025
Issuer
Purchase
Date
Market Price Per
Share Qty
Total Original Cost
Value Coupon CUSIP Maturity Trustee
Barclays Bank DEWilmington DE CD 05/24/22 99.972000 245,000 245,000.00 $ 3.0500 06740KQS9 6/2/2025 Stifel Global Federal CR UNAnchorage AK SHS CTG 06/06/23 100.025000 245,000 245,000.00 5.2000 37892MAL8 6/16/2025 Stifel SCE FCUIrwindale CA SHS CTF 12/13/23 100.023000 245,000 245,000.00 5.0000 78413RAJ6 6/20/2025 Stifel Community West CR UNKentwood MI CD 12/12/22 100.028000 245,000 245,000.00 5.0000 20416JAC8 6/23/2025 Stifel Oregon CMNTY CR UNEugene OR SHS CTF 06/16/23 100.052000 245,000 245,000.00 5.1500 68584JAE9 6/23/2025 Stifel BMO Harris Bank NAChicago IL CD 06/23/22 99.900000 245,000 245,000.00 3.2000 05600XGK0 6/24/2025 Stifel Liberty Fed CR UNEvansville IN SHS CTF 07/01/23 100.105000 245,000 245,000.00 5.3000 53052LAW9 7/14/2025 Stifel American First CR UNBrea CA SHS CTF 06/30/22 99.847000 245,000 245,000.00 3.2500 02616ABJ7 7/15/2025 Stifel TTCU Federal CR UnionTulsa OK CD 07/10/23 100.134000 245,000 245,000.00 5.3500 89854LAE3 7/25/2025 Stifel Communitywide FEDL CR UNSouth Bend IN SHS CTF 08/04/23 100.210000 245,000 245,000.00 5.2000 20416TBD3 8/29/2025 Stifel Flagstar Bank NA -
Hicksville NY CD 06/06/24 100.259000 245,000 245,000.00 5.3000 33847GHY1 9/12/2025 Stifel First Bank -
Hamilton NJ CD 06/06/24 100.230000 245,000 245,000.00 5.1500 319137CJ2 9/18/2025 Stifel Washington State BankWashington IA CD 4/2/2024 100.219000 245,000 245,000.00 5.0000 93974LAG5 10/9/2025 Stifel First Natl Bank of AmerEast Lansing MI CE 05/16/22 99.361000 245,000 245,000.00 3.0000 32110YXE0 11/28/2025 Stifel Advantage FEDL CR UNRochester NY SHS CTF 08/24/23 100.552000 245,000 245,000.00 5.3000 00790JAD4 12/31/2025 Stifel Southwest Heritage CUOdessa TX SHS CTF 06/26/23 100.449000 245,000 245,000.00 5.1000 84503PAF7 1/7/2026 Stifel Jovia FINL FEDL CR UN -
Westbury NY CD 7/2/2024 245,000 100.423000 245,000.00 5.0000 48115LAL8 1/20/2026 Stifel Marine FEDL CR UNJacksonvill NC SHS CTF 08/27/24 99.967000 245,000 245,000.00 4.3500 56824JBB9 2/27/2026 Stifel Truliant FEDL CR UNWinston Salem NC SHS CTF 03/09/23 100.610000 245,000 245,000.00 5.1500 89789AAH0 3/23/2026 Stifel United Fidelity Bank FSBEvansville IN CD 09/16/24 100.001000 245,000 245,000.00 4.3500 910286HZ9 3/27/2026 Stifel First Bank of The LakeOsage Beach MO CD 10/31/24 99.705000 245,000 245,000.00 4.0000 31925YBU5 4/30/2026 Stifel Ally Bank -
Midvale UT CD 04/27/22 98.631000 245,000 245,000.00 2.8500 02007GQQ9 5/5/2026 Stifel Morgan Stanley PVT BK NA -
Purchase NY CD 05/14/24 100.658000 245,000 245,000.00 5.0500 61768E3X9 5/22/2026 Stifel Global FED CR UN -
Anchorage AK SHS CTF 05/14/24 100.721000 245,000 245,000.00 5.0500 37892MAP9 5/29/2026 Stifel Inspire FEDL CR UNBristol PA SHS CTF 06/29/23 100.753000 245,000 245,000.00 5.0000 457731AQ0 6/30/2026 Stifel GESA CR UNRichland WA CD 07/19/23 101.096000 245,000 245,000.00 5.2500 37424PAH7 7/31/2026 Stifel Pima FEDL CR UNTucson AZ SHS CTF 08/02/23 101.207000 245,000 245,000.00 5.3000 722000AC0 8/17/2026 Stifel Signature Federal Cred U 08/16/23 101.243000 245,000 245,000.00 5.3000 82671DAG2 8/28/2026 Stifel KodabankDrayton ND CD 03/09/23 100.939000 245,000 245,000.00 5.0000 50007DAC3 9/22/2026 Stifel First NATL BankDamariscotta ME CD 03/09/23 100.942000 245,000 245,000.00 5.0000 32117BFR4 9/23/2026 Stifel Austin Telco Fed CR UN- Austin
TX SHS CTF 11/14/22 101.178000 245,000 245,000.00 5.0500 052392CC9 11/27/2026 Stifel Baxter CR UNVernon Hills IL SHS CTF 11/14/22 101.127000 245,000 245,000.00 5.0000 07181JAV6 11/30/2026 Stifel

Stifel
Investment Portfolio as of
May 2025
Issuer
Purchase
Date
Market Price Per
Share Qty
Total Original Cost
Value Coupon CUSIP Maturity Trustee
First Foundation Bank -
Irvine CA CD 06/05/24 101.164000 245,000 245,000.00 $ 5.0625 32026U5X0 12/14/2026 Stifel All in FED CR UnionDaleville AL SHS CTF 12/07/22 100.341000 245,000 245,000.00 4.4500 01664MAA4 12/21/2026 Stifel State Bank of India -
New York NY CD 02/01/22 96.027000 245,000 245,000.00 1.7500 856285G21 2/9/2027 Stifel Pentagon Federal CR UN - Tysons
Corner VA 02/02/22 95.869000 245,000 245,000.00 1.7000 70962LBE1 2/18/2027 Stifel Sallie Mae Bank -
Salt Lake City UT CD 02/16/22 96.693000 245,000 245,000.00 2.2000 795451BH5 2/23/2027 Stifel Beal Bank -
Las Vegas NV CD 03/01/22 96.378000 245,000 245,000.00 2.0500 07371CK81 3/3/2027 Stifel Beal Bank -
Plano TX CD 03/01/22 96.378000 245,000 245,000.00 2.0500 07371AZQ9 3/3/2027 Stifel Medallion Bank -
Salt Lake City UT CD 03/01/22 96.350000 245,000 245,000.00 2.0500 58404DNG2 3/8/2027 Stifel United Republic BankElkhorn NE CD 03/05/25 99.764000 245,000 245,000.00 909242BZ1 4.0500 3/19/2027 Stifel Cpital One Bank USA NA -
Glen Allen VA CD 04/07/22 97.347000 245,000 245,000.00 2.7000 14042TFJ1 4/13/2027 Stifel Synchrony Bank -
Draper UT CD 04/07/22 97.344000 245,000 245,000.00 2.7000 87165FK45 4/14/2027 Stifel Capital One NA -
Mclean VA CD 04/27/22 97.916000 245,000 245,000.00 3.0500 14042RRA1 5/4/2027 Stifel Pinnace BankNashville TN CD 5/2/2025 99.5990 245,000 245,000.00 72345SLQ2 3.9500 5/7/2027 Stifel Goldman Sachs Bank USA -
New York NY CD 04/27/22 97.902000 245,000 245,000.00 3.0500 38149M6Y4 5/11/2027 Stifel Toyota Finl Svgs BankHenderson NV CD 05/09/22 98.170000 245,000 245,000.00 3.2000 89235MNH0 5/17/2027 Stifel Morgan Stanley Bank NA- Salt
Lake City UT CD 05/16/22 98.261000 245,000 245,000.00 3.2500 61690UJ68 5/19/2027 Stifel Morgan Stanley PVT BK NAPurchase NY CD 05/16/22 98.261000 245,000 245,000.00 3.2500 61768EJR5 5/19/2027 Stifel Discover BankGreenwood DE CD 05/20/22 98.159000 245,000 245,000.00 3.2000 254673E36 5/24/2027 Stifel Credit Union New Jersey -
Ewing NJ SHS CTF 06/25/24 100.097000 245,000 245,000.00 5.4611 22552BAA9 7/9/2027 Stifel Workers FEDL Credit UNLittleton MA SHS CTF 08/27/24 99.678000 245,000 245,000.00 4.0000 98138MCK4 8/30/2027 Stifel Vantage West CR UNTucson AZ SHS CTF 09/04/24 99.662000 245,000 245,000.00 4.0000 92213MAB7 9/13/2027 Stifel Ideal Credit UnionWoodbury MN SHS CTF 12/07/22 100.853000 245,000 245,000.00 4.5000 45157PAZ3 12/29/2027 Stifel Alliant Credit UnionChicago IL SHS CTF 12/20/22 101.712000 245,000 245,000.00 4.8500 01882MAA0 12/30/2027 Stifel Carter FEDL CR UNSpringhill LA SHS CTF 01/14/25 100.114000 245,000 245,000.00 14622LAW2 4.2000 1/28/2028 Stifel Telco Plus CR UnLongview TX SHS CTF 02/03/25 100.245000 245,000 245,000.00 87921MAA2 4.2500 2/18/2028 Stifel Merrick BankSouth Jordan UT CD 02/18/25 100.247000 245,000 245,000.00 59013K4U7 4.2500 2/28/2028 Stifel Valley Natl BankPassaic NJ CD 02/27/25 100.228000 245,000 245,000.00 919853QC8 4.2500 3/6/2028 Stifel Milestone BankSalt Lake City UT CD 4/28/2025 99.4490 245,000 245,000.00 3.9500 59934MDC9 4/28/2028 Stifel Southpoint BankBirmingham AL CD 04/28/25 99.5870 245,000 245,000.00 84464PCC9 4/28/2028 Stifel 4.0000 Cornerstone BankFargo ND CD 05/01/23 102.688100 245,000 245,000.00 - 219232CR4 5/10/2028 Stifel Sound CR UNTacoma WA SHS CTF 5/19/2025 99.9370 245,000 245,000.00 83616 4.1500 HAH7 6/2/2028 Stifel First FEDL S&L ASSN -
Lakewood OH CD 06/20/24 100.500000 245,000 245,000.00 5.3589 32023HBV9 6/28/2028 Stifel Texas Exchange Bank SSBCrowley TX CD 10/28/24 99.664000 245,000 245,000.00 4.0500 88241TUA6 7/12/2028 Stifel CY Fair FCUHouston TX SHS CTF 06/26/23 100.097000 245,000 245,000.00 5.3000 23248UAC1 7/14/2028 Stifel Numerica Credit Union-Spokane
VLY WA SHS CTF 07/12/23 102.751000 245,000 245,000.00 5.1000 67054NBK8 7/31/2028 Stifel

Stifel
Investment Portfolio as of
May 2025
Issuer
Purchase
Date
Market Price Per
Share Qty
Total Original Cost
Value Coupon CUSIP Maturity Trustee
Tucson FEDL CR UNTucson AZ CD 09/01/23 102.498000 245,000 245,000.00 $ 5.0000 898812AC6 9/8/2028 Stifel Money One FCULargo MD SHS CTF 09/01/23 102.505000 245,000 245,000.00 5.0000 60936TAL3 9/14/2028 Stifel San Francisco FEDL CR UNSan Francisco CA SHS 11/20/24 100.151000 245,000 245,000.00 4.2500 79772FAL0 11/27/2028 Stifel SKYLA FEDL CR UNCharlotte NC SHS CTF 5/21/2025 99.6730 245,000 245,000.00 4.1000 83086XAE0 11/30/2028 Stifel BMW Bank of North AmericaSalt Lake City UT CD 5/2/2025 99.0730 245,000 245,000.00 4.0000 05612LER9 5/9/2029 Stifel First Premier BankSioux Falls SD CD 5/13/2025 98.8830 245,000 245,000.00 33610RWL3 5/21/2029 Stifel 3.9500 Covantage CUAntigo WI SHS CTF 5/14/2025 99.8580 245,000 245,000.00 22282XAL4 5/29/2029 Stifel 4.0500 ClearPath FED CR UN -
Burbank CA SHS CTF 07/09/24 100.163000 245,000 245,000.00 5.4000 18507MAD3 7/30/2029 Stifel Altaone FED CR UN -
Ridgecrest CA SHS CTF 8/27/2024 245,000 98.424000 245,000 3.8500 02157RAC1 9/13/2029 Stifel Freedom Northwest CR UN 12/23/2024 99.584000 245,000 245,000.00 4.1200 356436AV7 12/31/2029 Stifel JP Morgan Chase Bank NAColumbus OH CD 01/24/25 100.453000 245,000 245,000.00 4.7500 46657VWH9 1/31/2030 Stifel UBS Bank USASalt Lake City UT CD 03/05/25 99.340000 245,000 245,000.00 90355GUL8 4.1000 3/12/2030 Stifel Luana SVGS BankLuana IA CD 03/05/25 98.448000 245,000 245,000.00 549104G76 3.9000 3/13/2030 Stifel Western State BankDevils Lake ND CD 03/05/25 98.901000 245,000 245,000.00 95960NLA3 4.0000 3/25/2030 Stifel Poppy BankSanta rosa CA CD 4/2/2025 98.3810 245,000 245,000.00 73319FDX4 4/8/2030 Stifel 4.1000 EaglebankBethesda MD CD 04/02/25 99.1090 245,000 245,000.00 27002YHQ2 4.0500 4/16/2030 Stifel American Express Natl BKSalt Lake City UT CD 4/28/2025 99.3030 245,000 245,000.00 4.1000 02589AHE5 4/30/2030 Stifel Total Certificates of Deposit 20,580,000.00 20,580,000 $ Stifel Securities 52,560,000.00 52,443,030.71 $
Stifel Cash Per GL 1,692,214.63
Stifel Total Value of Portfolio 52,560,000.00 54,135,245.34 $

Qty Purch Date Maturity
Date of
Disposition
Share Price at Purchase Date Net Trade Amount
Cost Basis
Value Market Value
Accrued
Interest Issuer CUSIP Held by
2,450 5/2/2025 5/9/2029 100.000000 $ 245,000.00 $ 245,000.00 $ 245,000.00 BMW Bank of North
America- 05612LER9 Stifel
2,450 5/2/2025 5/7/2027 100.000000 245,000.00 245,000.00 245,000.00 Pinnace BankNashville TN CD 72345SLQ2 Stifel
2,450 5/13/2025 5/21/2029 100.000000 245,000.00 245,000.00 245,000.00 First Premier BankSioux Falls SD CD 33610RWL3 Stifel
2,450 5/14/2025 5/29/2029 100.000000 245,000.00 245,000.00 245,000.00 Covantage CUAntigo WI SHS CTF 22282XAL4 Stifel
2,450 5/19/2025 6/2/2028 100.000000 245,000.00 245,000.00 245,000.00 Sound CR UNTacoma WA SHS CTF 83616HAH7 Stifel
2,450 5/21/2025 11/30/2028 100.000000 245,000.00 245,000.00 245,000.00 SKYLA FEDL CR UNCharlotte NC SHS CTF 83086XAE0 Stifel
Total 1,470,000.00 $ 1, $ 1,470,000.00 470,000.00 $ -
Qty Purch Date Maturity
Date of
Disposition
Share Price at Sale
/ Maturity Date
Original Cost
Value
Par Value at
Sale/Maturity
Gain / (Loss) on
Sale /
Redemption
Interest
Earnings Since
Purchase Issuer CUSIP Held by
2,450 04/29/24 5/13/2025 5/13/2025 100.000000 $ 245,000.00 $ 245,000.00 $ 12, - $ 862.48 Bethpage FED CR UNBethpage NY SHS CTF 08756MAA8 Stifel 2,450 05/09/23 5/24/2025 5/27/2025 100.000000 245,000.00 245,000.00 24, - $ 632.24 Centris FEDL CR UNOmaha NE SHS CTF 15643VAB8 Stifel
2,450 05/11/23 5/27/2025 5/27/2025 100.000000 245,000.00 245,000.00 25, - $ 373.20 Credit Union of TexasAllen TX SHS CTF 22551KAZ5 Stifel 2,450 05/17/23 5/27/2025 5/27/2025 100.000000 245,000.00 245,000.00 24, - $ 600.68 First Choice FEDL CR UNNew Castle PA SHS CTF 31949HAA9 Stifel 2,450 11/22/23 5/30/2025 5/30/2025 100.000000 245,000.00 245,000.00 20, - 377.63 Lafayette FEDL CR UNRockville MD SHS CTF 50625LBP7 Stifel Total 1,225,000.00 $ 1, $ - 225,000.00 $ $ 107,846.23
Period Interest Revenue
Previous Month $286,937.91Previous 12 mos. $2,828,276.03

CITY OF COVINA

INVESTMENT TRANSACTION SUMMARY
FOR THE MONTH ENDED MAY 31, 2025
Purchased Investments
Net Revenue Analysis - for Period Ending May 31, 2025
Sold/Matured Investments

Local Agency Investment Fund
P.O. Box 942809
Sacramento, CA 94209-0001
(916) 653-3001
June 16, 2025
LAIF Home
PMIA Average Monthly
Yields

CITY OF COVINA

CITY TREASURER
125 E. COLLEGE STREET
COVINA, CA 91723-2199
Account Number: 98-19-219
May 2025 Statement
Tran Type Definitions
Effective
Date
Transaction
Date
Tran
Type Confirm
Number
Web
Confirm
Number Authorized Caller Amount
5/22/2025 5/22/2025 RD 1774001 1734582 BEI ZOU 4,000,000.00 Account Summary
Total Deposit: 4,000,000.00 Beginning Balance: 33,005,720.90 Total Withdrawal: 0.00 Ending Balance: 37,005,720.90
6/16/25, 2:29 PM LAIF Regular Monthly Statement
https://laifms.treasurer.ca.gov/RegularStatement.aspx 1/1 Attachment A-4 City

Statement Total
Balance Percentage
Cash Balances $8,623,613 8.49%
Local Agency Investment Fund 37,005,721 36.43%
Treasury / Agency 31,863,031 31.37%
Certificate of Deposits 20,580,000 20.26%
Funds Held by Bond Trustees 3,510,576 3.46%
Total $101,582,941 100.00%

CITY OF COVINA
Cash & Investment Holdings by Type as of May 31, 2025
*Average Investment coupon rate: 4.25% (based on weighted average of Original Cost Value) Cash Balances, 8.49%
Local Agency Investment
Fund, 36.43%
Treasury / Agency, 31.37%
Certificate of Deposits,

20.26%
Funds Held by Bond
Trustees, 3.46%

HOLDINGS BY TYPE
Attachment A-5 City

CASH PER BANK AND INVESTMENT BALANCE 4/30/2025 $658,355.34 RECEIPTS 5/1/25-5/31/25 -
DISBURSEMENTS 5/1/25-5/31/25 (70,000.00)
CASH PER BANK AND INVESTMENT BALANCE 5/31/2025 $588,355.34ANALYSIS OF CASH PER BANK AND INVESTMENT BALANCECHECKING ACCOUNT $3,817.64LOCAL AGENCY INVESTMENT FUND Attachment A-6 584,537.70AVAILABLE CASH PER BANK BALANCES $588,355.34CASH HELD BY BOND TRUSTEES 0.00TOTAL CASH PER BANK AND INVESTMENT / BOND TRUSTEE CASH BALANCE 5/31/2025 $588,355.34 FOR THE MONTH ENDED MAY 31, 2025

SUCCESSOR AGENCY TO THE COVINA REDEVELOPMENT AGENCY INVESTMENT REPORT Attachment A- Agency

BANK ACQUISITION MARKET

TYPE OF INVESTMENT ISSUER VALUE DATE DATE VALUE
Successor Agency to the Covina Redevelopment Agency:Checking Account BMO $3,817.64 N/A Demand $3,817.64Local Agency Investment Fund State of California 584,537.70 N/A Demand 584,537.70 Subtotal (A) $588,355.34 $588,355.34
Cash Held With 3rd Party Administrator:(1) 2013 Series A Tax Allocation Bonds U.S. Bank* $0.00 N/A Demand ($0.00) Fiscal Agent: U.S. Bank(2) 2014 Series A Tax Allocation Bonds U.S. Bank* 0.00 N/A Demand 0.00 Fiscal Agent: U.S. Bank(3) 2004 Series B Tax Allocation Bonds U.S. Bank* 0.00 N/A Demand 0.00 Fiscal Agent: U.S. Bank Subtotal (B) ($0.00) ($0.00)
TOTAL (A+B) $588,355.34 $588,355.34
* Formerly BNY Mellon

SUCCESSOR AGENCY TO THE COVINA REDEVELOPMENT AGENCY

CASH AND INVESTMENT SUMMARY
FOR THE MONTH ENDED MAY 31, 2025
The purpose of this schedule is to show the total cash and investments held by the Successor Agency to the Covina Redevelopment Agency by account.

Local Agency Investment Fund
P.O. Box 942809
Sacramento, CA 94209-0001
(916) 653-3001
June 16, 2025
LAIF Home
PMIA Average Monthly
Yields

S/A CITY OF COVINA FOR COVINA

REDEVELOPMENT AGENCY

FINANCE DIRECTOR
125 EAST COLLEGE STREET
COVINA, CA 91723-2199
Account Number: 65-19-007
May 2025 Statement
Tran Type Definitions
Account Summary
Total Deposit: 0.00 Beginning Balance: 584,537.70
Total Withdrawal: 0.00 Ending Balance: 584,537.70
6/16/25, 2:30 PM LAIF Regular Monthly Statement
https://laifms.treasurer.ca.gov/RegularStatement.aspx 1/1 Attachment A-6

Quarter
Ending City Agency*
5/31/2023 $93,678,644 $3,714,919
5/31/2024 $103,148,000 $629,583
5/31/2025. $101,582,941 $588,355

CITY OF COVINA AND SUCCESSOR AGENCY TO THE COVINA REDEVELOPMENT AGENCY CASH AND INVESTMENTS THREE YEAR COMPARISON AS OF MAY 31, 2025 The purpose of this schedule is to show, for comparison purposes, the total cash and investment values for the last 3 years. *Successor Agency to Covina Redevelopment Agency
$0
$20,000,000
$40,000,000
$60,000,000
$80,000,000
$100,000,000
$120,000,000
5/31/2023 5/31/2024 5/31/2025.
$93,678,644
$103,148,000
$101,582,941
$3,714,919 $629,583 $588,355
MONTH ENDING MAY 31, 2025
City of Covina & Agency* Total Cash & Investments
Three Year Comparison
City Agency*
sdsdad
Attachment A-7 City Agency

CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. CC 4
Meeting: July 1, 2025
Title: Miscellaneous Concrete Repair Project – Project No. P2601 - Award of Contract to CJ Concrete Construction, Inc. for an Amount of $180,061
Presented by: Rafael M. Fajardo, Director of Public Works/City Engineer Recommendation: 1. Approve plans and specifications for the Miscellaneous Concrete Repair Project – Project No. P2601;

2. Award a contract for the Miscellaneous Concrete Repair Project to CJ Concrete Construction, Inc as the lowest responsive and responsible bidder in the amount of $180,061 and authorize the City Manager to execute the contract;

3. Award a Professional Services Agreement (PSA) to CEJ Engineers, Inc. for Construction Management & Inspection Services for an amount not-to-exceed $45,000 and authorize the City Manager to execute the agreement; and

4. Authorize a contingency amount of $18,006.10 (10% of contract amount) for any unforeseen construction expenses.

EXECUTIVE SUMMARY/BACKGROUND:

As part of the City’s Fiscal Year 2025-26 Capital Improvement Program, the City Council approved the Miscellaneous Concrete Repair Project – Project No. P2601. The project consists of removing and replacing approximately 9,000 square feet of sidewalk, curb and gutter, ramps and other appurtenances.

Following a public bidding process, it has been determined that the lowest responsive and responsible bidder for the project was CJ Concrete Construction, Inc. As such, it is recommended that a contract (Attachment A) be awarded for the Miscellaneous Concrete Repair Project – Project No. P2601 to CJ Concrete Construction, Inc. as the lowest responsive and responsible bidder in the amount of $180,061 and authorize the City Manager to execute the contract. Construction improvements are expected to commence in August 2025.

DISCUSSION:

A Notice Inviting Bids was published in the San Gabriel Valley Examiner on Thursday, May 29, 2025 and Thursday, June 5, 2025.

Sealed bids were accepted in the Office of the City Clerk until 10:00 am on Tuesday, June 10, 2025. Beginning at 10:00 a.m. on June 10, 2025, the City Clerk publicly opened five (5) sealed bids with the following results:

Rank Bidder Location Base Bid Amount
1 CJ Concrete Construction, Inc. Santa Fe Springs, CA $180,061.00 2 Gentry Brothers, Inc. Irwindale, CA $190,345.00
3 FS Contractors, Inc. Sylmar, CA $222,034.00
4 GM Sager Construction Co, Inc. Pomona, CA $329,290.00 5 We R Builders, Inc. Glendale, CA $337,844.50
City staff has reviewed all bid documents for compliance and has evaluated the contractor’s professional background and recently completed projects for competency. As a result, City staff recommends the award of contract to the lowest responsive and responsible bidder, CJ Concrete Construction, Inc., given that this firm has

completed similar construction projects for several public agencies in Southern California including the cities of Santa Ana, Lakewood, Bellflower, Irvine and Norwalk.

FISCAL IMPACT:

The Miscellaneous Concrete Repair Project – Project No. P2601 was included in the adopted Fiscal Year 2025-26 Capital Improvement Program as follows:

Project Funds Amount Account
State Gas Tax $193,544 23002200-55250-P2601
Measure M $50,000 24202200-55250-P2601
Grand Total $243,544

PROJECT EXPENSES
Description Amount
Contract Base Bid (CJ Concrete Construction, Inc.) $180,061.00 Contingency Allowance $18,006.10
Subtotal $198,067.10
Construction Management & Inspection Services (CEJ Engineers, Inc.) $45,000 Total Fiscal Impact $243,067.10
CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):

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

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

Respectfully submitted,

ATTACHMENT A

CONTRACT

CITY OF COVINA CONTRACT FOR
MISCELLANEOUS CONCRETE REPAIR PROJECT – PROJECT NO.

P2601
THIS CONTRACT (“Contract”) is made and entered this 1
st day of July, 2025 (“Effective Date”),
by and between the CITY OF COVINA, a California municipal corporation (“City”) and CJ Concrete Construction, Inc, a California corporation (“Contractor”). Contractor’s California State Contractor’s license number is 720989; Class A. Contractor’s DIR registration number is 1000002154.

In consideration of the mutual covenants hereinafter set forth, the parties hereto agree as follows:

1. Contract Documents. The Contract Documents consist of this Contract, the Notice Inviting Bids, Instructions to Bidders, Bid (including documentation accompanying the Bid and any postBid documentation submitted before the Notice of Award), the Bonds, permits from regulatory agencies with jurisdiction, General Provisions, Special Provisions, Plans, Standard Plans, Standard Specifications, Reference Specifications, Addenda, Change Orders, and Supplemental Agreements. The Contract Documents are attached hereto and incorporated herein by reference.

In the event of any conflict between the terms of this Contract and any incorporated documents, the terms of this Contract shall control.

2. Scope of Services. Contractor shall perform the Work in a good and workmanlike manner for the project identified as Miscellaneous Concrete Repair Project – Project No. P2601 (“Project”), as described in this Contract and in the Contract Documents.

3. Compensation. In consideration of the services rendered hereunder, City shall pay Contractor an amount of One Hundred and Eighty Thousand Sixty-One Dollars ($180,061) in accordance with the prices as submitted in the Bid, attached hereto as Exhibit “A” and incorporated herein by this reference.

4. Incorporation by Reference. All of the following documents are attached hereto and incorporated herein by this reference: Workers’ Compensation Certificate of Insurance, Additional Insured Endorsement (Comprehensive General Liability), Additional Insured Endorsement (Automobile Liability), and Additional Insured Endorsement (Excess Liability).

5. Antitrust Claims. In entering into this Contract, Contractor offers and agrees to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. § 15) or under the Cartwright Act (Cal. Bus. & Prof. Code, § 16700 et seq.) arising from purchases of goods, services, or materials pursuant to the Contract. This assignment shall be made and become effective at the time City tenders final payment to Contractor without further acknowledgment by the parties.

6. Prevailing Wages. City and Contractor acknowledge that the Project is a public work to which prevailing wages apply.

7. Workers’ Compensation. California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, by signing this Contract,

the Contractor certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Contract.”

8. Trenches and Other Excavations. If this Project involves the digging trenches or other excavations that will extend deeper than four (4) feet below the surface, Contractor shall promptly, and before the following conditions are disturbed, notify City, in writing, of any: (1) material that Contractor believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law; (2) subsurface or latent physical conditions at the site differing from those indicated by information about the site made available to proposers prior to the deadline for submitting proposals; and (3) unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Contract.

9. Titles. The titles used in this Contract are for convenience only and shall in no way define, limit or describe the scope or intent of this Contract or any part of it.

10. Authority. Any person executing this Contract on behalf of Contractor warrants and represents that he or she has the authority to execute this Contract on behalf of Contractor and has the authority to bind Contractor to the performance of its obligations hereunder.

11. Entire Agreement. This Contract, including the Contract Documents and any other documents incorporated herein by specific reference, represents the entire and integrated agreement between City and Contractor. This Contract supersedes all prior oral or written negotiations, representations or agreements. This Contract may not be modified or amended, nor any provision or breach waived, except in a writing signed by both parties that expressly refers to this Contract.

12. Counterparts. This Contract may be executed in counterpart originals, duplicate originals, or both, each of which is deemed to be an original for all purposes.

IN WITNESS WHEREOF, the parties hereto have executed the Contract the day and year first above written.
[SIGNATURE PAGE FOLLOWS]

CITY OF COVINA
By:

City Manager
ATTEST:

By:

Chief Deputy City Clerk
Dated:
(“CONTRACTOR”)
By:

Printed Name:

Title:

By:

Printed Name:

Title:

EXHIBIT A

EXHIBIT B

PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS that:

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

MISCELLANEOUS CONCRETE REPAIR PROJECT – PROJECT NO. P2601 (Project Description/ Name)
WHEREAS, Principal is required under the terms of the Contract to furnish a Bond for the faithful performance of the Contract.

NOW, THEREFORE, we, the undersigned Principal, and

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

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

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

The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or of the Work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations under this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the specifications.

Surety hereby waives the provisions of California Civil Code Sections 2845 and 2849. The City is the principal beneficiary of this Bond and has all rights of a party hereto.

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

Dated:
“Principal”
By:

Its
By:

Its
(Seal)
“Surety”
By:

Its
By:

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

EXHIBIT C

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

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

MISCELLANEOUS CONCRETE REPAIR PROJECT – PROJECT NO. P2601 (Project Description/Name)
WHEREAS, under the terms of the Contract, the Principal is required before entering upon the performance of the Work, to file a good and sufficient payment Bond with the City to secure the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code.

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

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

Upon expiration of the time within which the California Labor Commissioner may serve a civil wage and penalty assessment against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1741, and upon expiration of the time within which a joint labor management committee may commence an action against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1771.2, if the condition of this Bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect.

The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the

terms of the Contract or the Specifications accompanying the same shall in any manner affect its obligations on this Bond, and it does hereby waive notice of any such change, extension, alteration or addition.

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

Dated:
“Principal”
By:

Its
By:

Its
(Seal)
“Surety”
By:

Its
By:

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

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 CEJ Engineers, Inc., a California corporation (“Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

RECITALS
A. City desires to utilize the services of Consultant as an independent contractor to provide Construction Management and Inspection Services for the Miscellaneous Concrete Repair Project – Project No. P2601.

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

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

The parties therefore agree as follows:

1. Term of Agreement. The term of this Agreement shall be from the Effective Date through December 31, 2025, unless sooner terminated as provided in Section 14 of this Agreement.

2. Compensation.

A. Compensation. As full compensation for Consultant’s services provided under this Agreement, City shall pay Consultant a sum not-to-exceed Forty-Five Thousand Dollars ($45,000) (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 A. City may request, in writing, changes in the scope of services to be performed. Any changes mutually agreed upon by the parties, and any increase or decrease in compensation, shall be incorporated by written amendments to this Agreement.

ATTACHMENT B

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

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

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

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

F. Compliance with Laws. The Consultant shall keep itself informed of all local, state and federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City and its agents shall not be liable at law or in equity occasioned by failure of the Consultant to comply with G. Permits and Licenses. Consultant shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the provision of services under this Agreement, including a business license.

4. Method of Payment.

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

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

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

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

6. Independent Contractor.

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

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

B. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. Consultant shall be responsible for and pay all wages, salaries, benefits and other amounts due to Consultant’s personnel in connection with their performance of the services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such

additional personnel, including, but not limited to: Social Security taxes, other retirement or pension benefits, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. Notwithstanding any other agency, state, or federal policy, rule, regulation, statute or ordinance to the contrary, Consultant and any of its officers, employees, agents, and subcontractors providing any of the services under this Agreement shall not become entitled to, and hereby waive any claims to, any wages, salaries, compensation, benefit or any incident of employment by City, including, but not limited to, eligibility to enroll in, or reinstate to membership in, the California Public Employees Retirement System (“PERS”) as an employee of City, and entitlement to any contribution to be paid by City for employer contributions or employee contributions for PERS benefits.

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

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

7. PERS Compliance and Indemnification.

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

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

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

disclosure is legally required. Consultant shall return all data to City upon the expiration or termination of this Agreement. Consultant’s covenant under this Section 8 shall survive the expiration or termination of this Agreement.

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

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

10. Indemnification.

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

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

Indemnitees’ choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs actually incurred in connection with such defense. Consultant shall reimburse the Indemnitees for any and all legal expenses and costs incurred by the Indemnitees in connection therewith.
2) Consultant shall pay all required taxes on amounts paid to Consultant under this Agreement, and indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Consultant shall fully comply with the workers’ compensation law regarding Consultant and Consultant’s employees. Consultant shall indemnify and hold City harmless from any failure of Consultant to comply with applicable workers’ compensation laws.

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

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

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

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

11. Insurance.

A. Minimum Scope and Limits of Insurance. Consultant shall procure and at all times during the term of this Agreement carry, maintain, and keep in full force and effect, insurance as follows:

1) Commercial General Liability Insurance with a minimum limit of Two Million Dollars ($2,000,000) per occurrence for bodily injury, personal injury and property damage and a general aggregate limit of Four Million Dollars ($4,000,000) per project or location.

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

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

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

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

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

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

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

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

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

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

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

12. Mutual Cooperation.

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

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

13. Records and Inspections. Consultant shall maintain full and accurate records with respect to all matters covered under this Agreement for a period of five (5) years. Consultant shall, without

charge, provide City with access to the records during normal business hours. City may examine and audit the records and make transcripts therefrom, and inspect all program data, documents, proceedings and activities.

14. Termination or Suspension of Agreement.

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

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

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

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

If to City: If to Consultant:

Attn: Public Works, Engineering Attn: Joaquin Cervantes City of Covina CEJ Engineers, Inc
125 E. College Street 18800 Amar Rd., Suite B13
Covina, California 91723 Walnut, CA 91789

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

Consultant will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment, without regard to their race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry,

age, physical disability, mental disability, medical condition, genetic information or sexual orientation.

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

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

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

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

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

23. Amendment of Agreement. This Agreement may be amended only by a writing signed by both parties. The City Manager is authorized to sign an amendment to this Agreement on the City Council’s behalf and without the City Council’s prior approval to make the following nonsubstantive modifications to the Agreement: (a) name changes; (b) extensions of time; (c) nonmonetary changes in the scope of work; and (d) termination of the Agreement.

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

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

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

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

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

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

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

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

City:

City of Covina,
a California municipal corporation
By:

Name:

Title:

ATTEST:

By:

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

CEJ Engineers, Inc
a California corporation
By:

Name: Joaquin Cervantes
Title: President
By:

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

EXHIBIT A

APPROVED FEE SCHEDULE/SCOPE OF SERVICES

Engineers ● Surveyors ● Planners
18800 Amar Rd. Suite B13, Walnut CA., 91789 / 626-667-8675 June 10, 2025

CITY OF COVINA
Rafael Fajardo, P.E
City Engineer/Public Works Director
125 East College Street
Covina, CA 91723
SUBJECT: CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR MISCELLANOUS CONCRETE REPAIR PROJECT P2601
Dear Mr. Fajardo,
CEJ Engineers is pleased to have the opportunity to submit this proposal for professional engineering services related to the City’s Project. CEJ Engineers specializes in street improvement and public works projects. Our staff has extensive experience in preparing street construction plans, drainage studies, utility coordination, and preparing PS&E for various projects in accordance with local and regional standards and policies.

Our key personnel have more than 30 years of experience in working and communicating with a wide spectrum of relevant public agencies throughout Orange County and Los Angeles County. CEJ’s personnel have provided professional consulting services to cities, special districts, and other governmental agencies within Southern California and Caltrans. CEJ is dedicated to professional quality and technical excellence through a proactive QA/QC program.

The CEJ team will provide services for the aspects required for this project as per the scope of work.

The following Exhibits are enclosed:
▪ Exhibit A – Scope of work
We believe the CEJ Team provides the right combination of experienced staff, project understanding, and local knowledge to successfully assist the City of Covina with Inspections and Engineering Services. Please feel free to contact us to discuss any aspects of this proposal or to arrange for an interview at (626) 667-8675 or at [email protected].

Respectfully Submitted,
Joaquin Cervantes, P.E.

Principal
CEJ Engineers, Inc.
18800 Amar Rd., Suite B13
Walnut CA 91789

INSPECTION SERVICES FOR MISCELLANOUS CONCRETE REPAIR PROJECT Pg. 2
Exhibit A

SCOPE OF WORK
CEJ will provide Project management and Inspection services for the paving project as indicated on Contract documents to commence on or about July 2025. Scope of project: new concrete sidewalk replacement. The major tasks include the following:

Perform Quality Assurance monitoring, Daily Inspections, and surveillance of the Construction Contractors activities to assure compliance with the design criteria and requirements and the Construction Contractors Project Plans.

1. Review construction document transmittals, i.e. shop drawings, Requests for Information, Requests for Change Orders, etc., submitted by the Construction Contractors prior to incorporation into the work;

2. Attend regular progress review meetings with the Construction Contractors to ascertain job progress and identify and resolve problems;

3. Respond to all of the Construction Contractors' Requests for Information;

4. Maintain shop drawings logs, tracking the date submitted by the Construction Contractors, date returned to the Construction Contractors.

5. Process plans and shop drawings submittals in a timely manner and stamp acceptable documents “Released For Construction”.

6. Maintain Request for Information Logs and Request for Change Order Logs, tracking the data submitted by the Construction Contractors and date returned to the Construction Contractors;

7. Respond to every notice of potential claim received from the Construction Contractors and take all steps necessary to mitigate delays and damages;

8. Analyze all of the Construction Contractors' claims and make recommendations for possible resolutions;

9. Maintain an accurate and current record of daily construction progress. Such record shall include daily reports, Resident Engineer's diary, use of photographs, minutes of all meetings and correspondence files;

10. Collect all Quality Assurance records including As-Built drawings, test reports, As-Built drawings (final revisions) shall be supplied by the Construction Contractors based on the as built conditions.

INSPECTION SERVICES FOR MISCELLANOUS CONCRETE REPAIR PROJECT Pg. 3
Exhibit B
Proposed Fee
Proposed Lump sum fee to not exceed $45,000.00
CLIENT: City of Covina CEJ Engineers Inc
PROJ: Concrete Repair Project
JOB NO: SUMMARY PROPOSAL FEE
DATE: 06/05/25
LABOR Task 1 CONSTRUCTION OVERSIGHT
Class Position/Name Subtotal
B Construction Manager $5,000
Subtotal $5,000
LABOR Task 2 INSPECTION SERVICES
B Senior Public Works Observer $40,000
Subtotal $40,000
Note:

Time Estimation based on a 45-DAY Project Schedule

PROPOSED FEE
PROPOSED FEE: $45,000
Proposal By / Project Manager: Joaquin Cervantes, P.E

EXHIBIT B

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

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

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

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

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

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

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

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

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

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

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

ATTACHMENT C

CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. CC 5
Meeting: July 1, 2025
Title: Amendment No 1. To the Parking Enforcement Agreement Presented by: Ric Walczak, Chief of Police
Recommendation: 1. Approve Amendment No. 1 to the Agreement with Inter-Con Security Systems Inc. for parking enforcement services and authorize the City Manager or his designee to execute the amendment; and

2. Approve Resolution CC 2025-79 increasing the Police Department 2025-26 budget revenue and appropriation by an additional $27,951.

EXECUTIVE SUMMARY:

The City of Covina Police Department would like to extend the currently one-year agreement with Inter-Con Security Systems Inc. to provide parking enforcement services for FY 2025-26. This Amendment increases assigned staff, converting a part time position to full time. This provides for two full-time parking enforcement officers who work Monday through Friday, 8:30 am to 5:30 pm (40 hrs. each). In addition, part-time parking enforcement officers enforce overnight parking regulations seven days a week. In total 131.13 hours of parking enforcement will be conducted by Inter-Con Security per week. This extension will expire on June 30, 2026.

DISCUSSION:

The current agreement with Inter-Con Security Systems Inc. expires on June 30, 2025. This amendment will extend service until June 30, 2026. There is an option to extend service for two (2) additional one-year terms thereafter.

This first Amendment extends service for FY 2025-26 with a cost of $227,950.79. This is a 6 % increase due to wage increases (inflation pressures) and healthcare cost and shifting a part-time position into a full-time position.

The program will now have two full-time positions to bolster parking enforcement efforts.

FISCAL IMPACT:

The FY 2025-26 Police budget has an appropriation of $200,000 for this service. An addition $27,950.79 would be needed to cover this annual cost increase, which will be offset by the revenue increase resulting from increased patrol hours. This resolution will add $27,951 to revenue account 1010-1300-44200 and the same amount to expenditure account 1010-1300-51880 for the FY 2025-26 Police budget.

CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):

None.

Respectfully submitted,

ATTACHMENT A

AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT FOR

PARKING ENFORCEMENT SERVICES BETWEEN THE CITY OF COVINA AND INTER-CON SECURITY SYSTEMS, INC.

THIS AMENDMENT No. 1 (“First Amendment”) is dated July 1, 2025, and is between the City of Covina, a California municipal corporation (“City”) and Inter-Con Security Systems, Inc., a California corporation (“Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

RECITALS
A. City and Consultant entered into that certain Professional Services Agreement dated July 1, 2024 (“Agreement”), pursuant to which Consultant provides daytime and overnight parking enforcement services to the City.

B. City and Consultant desire to amend the Agreement to extend the term of the Agreement and modify the compensation amount.

The Parties agree as follows:

1. Section 1 of the Agreement, “Term of Agreement,” is hereby amended to read 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. The City may, upon mutual agreement, extend the Agreement for two (2) additional one-year terms. In no event shall the Agreement be extended beyond June 30, 2028.”

2. Paragraph A of Section 2 of the Agreement, “Compensation,” is hereby amended to read as follows:
“A. Compensation. As full compensation for Consultant’s Services provided under this Agreement, City shall pay Consultant a sum not to exceed Two Hundred Twenty Seven Thousand Nine Hundred Fifty dollars and Seventy Nine Cents ($227,950.79) annually (the “maximum compensation”), based on the hourly rates set fourth in the Approved Fee Schedule, attached hereto as Exhibit A.”

3. Except for the changes specifically set forth in this First Amendment, all other terms and conditions of the Agreement shall remain in full force and effect. [SIGNTURE PAGE FOLLOWS]

ATTACHMENT A

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

City:

City of Covina,
a California municipal corporation
By:

Name:

Title:

ATTEST:

By:

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

By:

Name: Candice K. Lee
Title: City Attorney
Consultant:

Inter-Con Security Systems, Inc.,
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.)

ATTACHMENT A

EXHIBIT A
TABLE 4 – CONVERT PER 2-A & PER 2-B TO FULL-TIME
Convert PER 2-B to Full-Time, which is shown below. Actual Hours Worked Position Hours per Week Hours per Year Bill Rate Annual Cost PER 34.55 1796.75 $31.59 $56,759.33
PER 2-A 40.00 2080 $34.09 $70,907.20
PER 2-B 40.00 2080 $34.09 $70,907.20
PER 2-C 8.14 423.25 $34.09 $14,428.59
PER 2-D 7.51 390.5 $34.09 $13,312.15
PER 2-E 0.92 48 $34.09 $1,636.32
Total 131.13 6818.5 $227,950.79

ATTACHMENT B
RESOLUTION CC 2025-79

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

COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, INCEASING
THE POLICE DEPARTMENT 2025-26 BUDGETED REVENUE BY $27,951

AND APPROPRIATING SAME DOLLAR AMOUNT
WHEREAS, the City of Covina is a municipal corporation duly organized and existing pursuant to the Constitution and laws of the State of California (“City”); and WHEREAS, the City of Covina utilizes InterCon for parking enforcement services; and WHEREAS, the annual cost for FY 2025-26 will provide additional staff hours, with associated costs exceeding the current budgeted amount by $27,951; and WHEREAS, increased parking enforcement is anticipated to offset the cost increase; and WHEREAS, approving this resolution will increase the Police Department’s appropriation by an additional $27,951 and revenue account by the same amount; and WHEREAS, the reallocation of appropriations may be made by the City Manager, amendments (increases/decreases) to the Budget shall be by approval and Resolution of the City Council.

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

SECTION 1. Amend the fiscal year 2025-26 Police Department Budget as follows:

SECTION 2. Authorize the City Manager or his designee to sign the agreement.

SECTION 3. The City Clerk shall certify to the passage and adoption of this resolution and shall enter the same in the Book of Original Resolutions.

APPROVED and PASSED this 1
st day of July, 2025.

City of Covina, California
BY:

VICTOR LINARES, Mayor
FY 2025-26 Account No. Original Budget Revised Budget
Revenue Account 1010-1300-44200 $ 500,000.00 527,951.00 Appropriation Account 1010-1300-51880 $ 200,000.00 227,951.00

Resolution CC 2025-79 Page 2 of 2
ATTEST:
___________________________________________
FABIAN VELEZ, Chief Deputy City Clerk

CERTIFICATION
I, Fabian Velez, Chief Deputy Clerk of the City of Covina, do hereby certify that Resolution CC 2025-79 was duly adopted by the City Council of the City of Covina at a regular meeting held on the 1st 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 6
Meeting: July 1, 2025
Title: Amendment to the Professional Services Agreement with Acorn Technology Services to Provide Onsite and Backup Support for Information Technology Services Presented by: Angel Carrillo, Deputy City Manager
Dr. Shawn Granger, Information Technology Manager
Recommendation: Authorize the City Manager to execute the amendment to the agreement with Acorn Technology Services.

EXECUTIVE SUMMARY/BACKGROUND:

Acorn Technology Services (Acorn) has provided onsite and remote 24-hour backup support information technology services to the City since 2017. As part of the agreement, Acorn provides onsite personnel during normal operating hours as well as provides remote 24-hour back up support and monitoring of the system for all City departments. Acorn has been a valued partner in ensuring the IT infrastructure and day to day operational needs are met for the City.

DISCUSSION:

The current agreement between the City and Acorn expired June 30, 2025. Acorn has been a valued partner in providing IT services including onsite and remote 24-hour backup support since 2017. The IT needs of the City have grown throughout the years because of additional software programs, hardware replacement, increased users and additional cybersecurity measures. The new agreement is proposed for three years beginning July 1, 2025 and expiring on June 30, 2028. Year one of the contract remains at $222,000, year two is $228,600 and year three is $235,520. Additionally, up to 600 hours at $155 per hour ($93,000) are proposed for upcoming projects and special needs as they may arise. Staff is recommending approval of the amendment to the professional services agreement with Acorn Technology Services.

FISCAL IMPACT:

Funds are budgeted in FY 2025/2026.

CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):

Not applicable.

Respectfully submitted,

ATTACHMENT A

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 CU Technology dba. Acorn Technology Services, 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 on-site and back-up Information Technology Services.

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

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

The parties therefore agree as follows:

1. Term of Agreement. The term of this Agreement shall commence on July 1, 2025, and continue through June 30, 2028, unless sooner terminated as provided in Section 14 of this Agreement. Extensions may be agreed upon mutually by the City and Consultant.

2. Compensation.

A. Compensation. As full compensation for Consultant’s services provided under this Agreement, City shall pay Consultant the total flat sum of two hundred twenty-two thousand dollars ($222,000) first year, two hundred thousand dollars ($228,660) second year, and two hundred twenty-two thousand dollars ($235,520) third year, as 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. 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.

C. Includes extra system engineering hours not-to-exceed 600 hours at the rate of $155 per hour. This is for project engineering for hardware replacements, network re-design, WiFi expansion, and other network engineering to be determined. Total approved budget for these

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hours is not-to-exceed $93,000 annually, to be billed incrementally as projects are completed.

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

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

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

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

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

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

3. Method of Payment.

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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.

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

5. Independent Contractor.

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

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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.

6. PERS Compliance and Indemnification.

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

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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.

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

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

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

9. Indemnification.

A. Indemnities for Third Party Claims.
1) To the fullest extent permitted by law, Consultant shall, at its sole cost and expense, defend, hold harmless and indemnify City and its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively “Indemnitees”), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens and losses of any nature whatsoever, including fees of accountants, attorneys or other professionals, and all costs associated therewith, and the payment

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

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

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

C. Insurance Requirements not Limiting. City does not, and shall not, waive any rights that it may possess against Consultant because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. The indemnities in this

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Section 10 shall apply regardless of whether or not any insurance policies are determined to be applicable to the Liability, tax, assessment, penalty or interest asserted against City.

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

10. Insurance.

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

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

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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.

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

11. Mutual Cooperation.

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

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

12. Records and Inspections. Consultant shall maintain full and accurate records with respect to all matters covered under this Agreement for a period of three (3) years. Consultant shall, without charge, provide City with access to the records during normal business hours. City may examine and audit the records and make transcripts therefrom, and inspect all program data, documents, proceedings and activities.

13. Termination or Suspension of Agreement.

A. Right to Terminate or Suspend. City may terminate or suspend this Agreement at any time, at will, for any reason or no reason, after giving written notice to Consultant at least thirty (30) calendar days before the termination or suspension is to be effective. Consultant may terminate this Agreement at any time, at will, for any reason or no reason, after giving written notice to City at least sixty (60) calendar days before the termination is to be effective.

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

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

15. Notices. Any notices, consents, requests, demands, bills, invoices, reports or other communications which either party may desire to give to the other party under this Agreement must be in writing and conclusively deemed effective: (a) on personal delivery, (b) on confirmed

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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:__________________ ________________________
City of Covina ________________________
125 E. College Street| ________________________
Covina, California 91723 ________________________
________________________

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

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

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

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

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

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

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

22. Amendment of Agreement. This Agreement may be amended only by a writing signed by both parties. The City Manager is authorized to sign an amendment to this Agreement on the City Council’s behalf and without the City Council’s prior approval to make the following nonsubstantive modifications to the Agreement: (a) name changes; (b) extensions of time; (c) nonmonetary changes in the scope of work; and (d) termination of the Agreement.

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

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

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

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

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

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

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

City:

City of Covina,
a California municipal corporation
By:

Name:

Title:

ATTEST:

Consultant:

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By:

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

By:

Name: Candice K. Lee
Title: City Attorney
Craig Wolynez,
Acorn Technology Services,
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.)

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EXHIBIT A

APPROVED FEE SCHEDULE
A. Nonrecurring Charges (“NRC”):

Initial Assessment/Documentation (not to exceed $25,000): $ 90/hour B. Monthly Recurring Charges (“MRC”)
The Monthly Recurring Charges will consist of two components: One on-site TSR1 (Tier 1) technician provided for 40 hours per week, plus Acorn’s 24/7 remote helpdesk support. This pricing structure is intended to augment the City’s on-site Tier 2 staff member. The following pricing is provided for a 3 Year Term:

Year 1 $18,500
Year 2 $19,055
Year 3 $19,627

1. Additional devices can be added to the support agreement at the following rates:
i. Incremental Increase in MRC per Computer: $ 50.00
ii. Incremental Increase in MRC per Server w/out backup: $ 150.00 iii. Incremental Increase in MRC per Server w/backup: $ 300.00 iv. Incremental Increase in MRC per Network: $ 150.00
v. Incremental Increase in MRC per VPN: $ 25.00
vi. Incremental Increase in MRC per Phone: $ 5.00

2. Flat Rate Charges for Other Services not performed by on-site technician i. Deployment of New/ Reformatted Computers: $ 300.00
ii. Deployment of New Servers: $ 2,500.00
iii. Installation of New VPN: $ 75.00
E. On-Site Service
For any on-site service requested by the City or necessitated by equipment, software or infrastructure failures other than a result of ordinary wear and tear, the City agrees to pay $90.00 per hour, with a minimum of 2 hours, for each on-site visit. For these purposes, “ordinary wear

12923-0001\1917425v3.doc
and tear” includes failures which one would normally expect with the System with normal use and without user negligence or intentional misuse of the System.

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EXHIBIT B

SCOPE OF SERVICES
Acorn agrees to provide the goods and services outlined below within the scope and spirit of this agreement.

Within the spirit of this agreement, the City expects Acorn to strive to improve the Systems and to work collaboratively with the City to grow and improve the City’s business processes.

A. Documentation
Whether or not it is specifically addressed below, Acorn will provide and maintain complete documentation for all work undertaken and provide this documentation in electronic form unless otherwise noted.

B. Number of Users/Devices
Acorn shall provide complete ongoing technical assistance and system management on the following:

Devices
Users
Desktop Computers
Laptop Computers
Terminals
Servers
- Windows (Physical and Virtual)
- Other
LAN Infrastructure
Router
Wireless Access Points
Switches
Virtual Private Network (VPN)
Multifunction Printer (hourly charges will apply)
- Networked
- Local
Printers
Scanner
Networked Fax Machines
PDA’s/Phones

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Note: In order to optimize performance and keep costs low, Acorn seeks to support computers/servers with a minimum speed of 2.0 GHz, P4 processor and 4GB RAM which utilize Microsoft Windows 11 Professional, Server 2016 and/or Small Business Server 2022. Acorn’s obligation to support these programs will cease at such time as Microsoft ceases to support these programs. Connectivity to the Internet should be reliable with a minimum of 1.5Mbps capacity.

Internal LAN speeds should support 100Mbps. The cabling infrastructure is subject to Acorn’s inspection and approval.

C. Asset Cataloging and Tracking
Acorn will maintain a catalog of the System, including equipment and software licenses (with installation keys).

D. Server Based Images of Client Software
Acorn will load and maintain physical software media as drive images on a Customer server, so they are readily available via the network without the physical CD/DVD. Customer will need to provide a server with sufficient disk space to accommodate the drive images.

E. General Maintenance and Upkeep
For all computers covered by this quotation, and any subsequent computers added to the System, Acorn will create and maintain the following systems, and perform the following activities per the following schedule:

1. Apply Windows Update Patches
Customer may use some software that may be negatively affected by Windows™ updates. Acorn shall evaluate the updates and if performance is acceptable, shall roll out patches across computers and servers. Roll out should occur within two weeks of the release of an update.

2. Maintain Antivirus Definitions and Scan
Acorn shall create and maintain a suitable anti-virus strategy, which will include installation and updates of new antivirus definitions and a weekly scan of the entire hard drive. Cost of software, if any, is additional and shall be borne by Customer. Antivirus software shall monitor all servers, client machines, and e-mail.

3. Maintain Antispyware Definitions and Scan
Acorn shall create and maintain a suitable antispyware strategy, which will include installation and updates of new antispyware definitions and a periodic scan of the entire hard drive. Cost of software, if any, is additional and shall be borne by Customer.

Antispyware software shall monitor all servers and computers.

4. Maintain SPAM control

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Acorn shall create and maintain a strategy for controlling unsolicited commercial e-mail (SPAM). SPAM control must extend to both local and remote users, and must allow for rescuing messages incorrectly categorized as SPAM.

5. Data Back Up for Disaster Recovery Strategy
Acorn shall be responsible for creating and deploying a comprehensive data back-up strategy with the following attributes:
a. Comprehensive: Back up strategy will include all data from all servers for applications that have adequate back up functionality. Back up strategy will be designed to retain data on a sufficient basis to protect against a catastrophic system-wide failure. Currently, this strategy includes daily back-ups for seven (7) days; weekly back-ups for two (2) weeks. Acorn may change the schedule of back up, without notice to Customer, as it deems necessary to fulfill the back-up strategy for disaster recovery.
b. Automated: Back-ups will occur automatically with no user intervention, and little or no administrative intervention. c. Off-Site: Back-ups will be stored off Customer’s site by direct network backup to a data center.
d. Easily Restored: Back-ups will be stored so that they are easily and quickly restored.
e. Back Up Schedule:
(1) Copy of all backed up data: As requested by Customer. Cost for process and media is additional and shall be borne by Customer
(2) Complete data back-up, all servers: Weekly
(3) Differential data back-up, all servers: Daily (nightly) f. Document Retention Plan: The Disaster Recovery Strategy is not intended to be a Data Retention Plan (“DRP”). As requested by Customer, Acorn will develop and provide a DRP for the archival of Customer’s critical data; however, this service is not included in this proposal and would be part of a separate agreement.

6. Disaster Recovery Solution

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Acorn recommends a solution for server backup and redundancy for the customer’s network. Acorn will provide a viable solution to minimize downtime should any problems arise with the customer's current server configuration.

Solution TBD

7. E-Mail & Web Hosting
Acorn Technology will provide secure and dependable e-mail through Microsoft O365.

The customer will continue to host its website: Covinaca.gov within a third party hosting service.

8. Domain Management
Acorn Technology will provide domain management for the domains listed above which will include timely renewals and appropriate record management to ensure proper delivery of e-mail and website access.

9. Training
Upon initial set up and as required for new users, Acorn will provide basic training on the proper use of the System. As requested by Customer, Acorn will develop and provide training programs on application usage; however, this service is not included in this proposal and would be part of a separate agreement.

10. Network Monitoring
Acorn maintains a 24/7 monitoring system using a combination of proprietary and third party monitoring software. Customer Service Representatives and Technical Service Representatives are on call 24/7 and utilize the monitoring system to assure that Customer’s connectivity, latency and usage are within expected and acceptable tolerances. Upon Customer’s request, Acorn will develop a customized Internal Monitoring System (“IMS”) that will provide Customer with tools for the management of its LAN. The IMS is not part of this quotation.

F. Set Up, Deployment, Reformat and Redeployment
As employees are hired or as other System changes occur, Acorn will be responsible for redeploying existing systems, and performing complete set up of new equipment and licensed software whether purchased through Acorn or not. In this regard, Acorn will do the following:

1. Redeployed Computers
a. Back up all local data and pertinent profile information; b. Add new user profile to LAN and delete former user profile, as needed; c. All redeployed computers will be reformatted, for an additional charge, if requested by Customer;

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d. If reformatted, reload drive image with required software; e. Document all work in Asset Tracking / Service Request system; f. Configure computer for use on the network, printers, e-mail, and any other features required by Customer;
g. Ship or deliver unit to Customer, as necessary; and
h. Assist Employee in all log-on procedures (e-mail, network, etc.).

2. New Computers and Servers
a. Load drive image with required software and any required local data; b. Configure computer for use on the network, printers, e-mail, and any other features required by Customer;
c. Document all work in Asset Tracking / Service Request system; d. Provide all new media and licenses to Customer;
e. Ship or deliver unit to Employee, as necessary;
f. Assist Employee in all log on procedures (e-mail, network, etc.); and g. This general procedure will apply to both client computers and servers.

G. General Support

1. Overall Response Schedule
Acorn shall be prepared to provide ongoing support for Customer’s System implementation and maintenance, including remote access, telephone, and on-site help when necessary, per the following schedule:

Response Schedule
Telephone callback:

Business Hours M-F (7am-7pm) 30 minutes
All other times 60 minutes
Remote access assistance from qualified technician logging into Network, computer or server:

Business Hours M-F 7am-7pm 30 minutes
All other times 60 minutes
On-Site Service from time of first contact:

Business Hours M-F (9am-4pm) 4 hours
After Hours M-F (7pm-11pm) 6 hours
After Hours M-F (6am-7am) 6 hours
Weekend & Holiday (6am-11pm) 6 hours

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All other times As Available

2. Scope
Acorn will be expected to provide competent managed support and technical help on all aspects of Windows Networking, including, but not limited to, Hardware, Software, Servers, and Peripheral Equipment, and to assist Customer and its staff in day-to-day maintenance and administration of its IT/IS environment. a. Software included but not limited to:

1. Tyler Munis ERP

2. Microsoft O365

3. DUO

4. Livescan

5. Bluebeam

6. Bioconnect

7. DNA Fusion

8. Laserfiche

9. FileOnQ

10. InTime

11. Stancil

12. Veripic

13. Docupeak

14. ESCARS

15. EPCD – County PCD System

16. E-Search Warrant – County Search Warrant System

17. Lenslock

18. Intime

19. Cal Photo

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20. TLO XP

21. Motorola Spillman Flex

22. Inmate phone calls

23. Palantir

24. LA Photo

25. PIMS

26. Subpoenas

27. Leads

28. Nixle

29. ECERS

30. Flock

31. Brazos

32. Axon potential new BWC system

33. Leverage / Station Cameras
b. Hardware included but not limited to:

1. Desktop / Laptop Computers

2. Printers

3. Monitors

4. Wi-Fi Access Points

5. Switches

6. Firewalls

7. Server Hosts

8. Server Storage

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CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. CC 7
Meeting: July 1, 2025
Title: City-Wide Pavement Management Program Update – Project No. P2603 Presented by: Rafael M. Fajardo, Director of Public Works/City Engineer Recommendation: Award a Professional Services Agreement (PSA) for the City-Wide Pavement Management Program Update preparation to Bucknam Infrastructure Group, Inc. in the amount of $60,275 and authorize the City Manager to execute the contract.

EXECUTIVE SUMMARY:

The City is responsible for the operation, repair and maintenance of approximately 127.2 section miles of streets.

The Metropolitan Transportation Authority (Metro) requires local agencies to develop and adopt a pavement management program every two years as a condition of state grant eligibility (California Streets and Highway Code, Section 2108.1). The program requires the City to maintain an inventory of City streets and identify sections needed for rehabilitation or replacement as well as project estimates. The survey inventories are based on the Pavement Condition Index (PCI) which uses a rating system of 0 to 100 in order to convey an overall indication of pavement conditions, where 100-86 Very Good, 75-85 Good, 60-74 Fair, 41-59 Poor and 0-40 Very Poor.

As part of the City’s Fiscal Year 2025-2026 Capital Improvement Program, the City Council approved the CityWide Pavement Management Program Update and the Department of Public Works will engage the services of Bucknam Infrastructure Group, Inc. to satisfy Metro’s pavement management program requirement upon execution of the professional services agreement.

DISCUSSION:

Informal Request for Proposals (RFP) were requested and proposals were received with the following results:

Rank Consultant Location Cost
1 Bucknam Infrastructure Group, Inc. Oceanside, CA $60,275 2 CEJ Engineers, Inc. Walnut, CA $92,000
3 Elie Farah, Inc. Corona, CA No Response
City staff reviewed all proposal documents as well as the consultants’ backgrounds and recently completed projects for competency and responsiveness to the deliverables identified in the RFP. On balance, it was determined that Bucknam Infrastructure Group, Inc. is the successful lowest bidder to complete Covina’s CityWide Pavement Management Program Update.

FISCAL IMPACT:

A total funding amount of $70,000 (Account 2410-2200-51005) from Measure R has been allocated within the City’s approved Fiscal Year 2025-2026 Capital Improvement Program Budget for Pavement Management Program. Upon Council approval, $60,275 of this budget will be allocated for this project (#2603).

CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):

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

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

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

Respectfully submitted,

ATTACHMENT A

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

RECITALS
A. City desires to utilize the services of Consultant as an independent contractor to perform the preparation of the City-Wide Pavement Management Program Update.

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 Sixty Thousand Two Hundred and Seventy-Five Dollars ($60,275) (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 Peter Bucknam, President (the “Consultant Representative”). The Consultant Representative shall directly manage Consultant’s services under this Agreement. Consultant shall not change the Consultant Representative without City’s prior written consent.

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

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

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

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

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

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.

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: Engineering Division Attn: Peter Bucknam, President City of Covina Bucknam Infrastructure Group, Inc
125 E. College Street 3548 Seagate Way, Suite 230
Covina, California 91723 Oceanside, CA 92056

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:

Title:

ATTEST:

By:

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

By:

Name: Candice K. Lee
Title: City Attorney
Consultant:

Bucknam Infrastructure Group, Inc
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 B
March 6, 2025
Mr. Michael Flores Jr.

Public Works Manager
City of Covina
125 E. College Street
Covina, CA 91723
Subject: Proposal for 2025 Pavement Management Program Services Dear Michael:

It is our pleasure to submit our proposal to assist the City of Covina in the continued proactive management of your Pavement Management Program (PMP). With the City seeking to move toward stronger infrastructure management methodologies through advanced pavement inspections, neighborhood/zone scheduling, capital improvement reporting, and GIS management, Bucknam Infrastructure Group, Inc. has identified a proactive and cost-efficient method to assist the City in updating your PMP (Bucknam has served as the City’s PMP consultant since 2019). Our team will focus on our long-term PMP knowledge, extensive Los Angeles County experience and GIS/GPS technologies to optimize the City’s maintenance/rehabilitation budgets.

Our project staff can be relied upon again to provide outstanding service to the City. This will be accomplished by assisting the City in updating the neighborhood/zone M&R schedule, formulating a proactive Arterial CIP budget and providing realistic maintenance recommendations. Our firm is unique in that we provide relevant and accurate PMP services based on our ongoing work with numerous Los Angeles, Orange County and San Diego local agencies such as:
o 36 of 88 Los Angeles County local agencies; 41% of LA County cities (e.g., Covina, Lakewood, Compton, Rancho Palos Verdes, Gardena, Manhattan Beach, Lynwood, Culver City, Diamond Bar, Temple City, Rosemead, Alhambra, South El Monte, Duarte, Monrovia, Signal Hill, La Verne, South Pasadena, Whittier, Downey, Lomita, Lawndale, South Gate, Long Beach, etc.) o Recent OCTA Pavement Preservation Program project where Bucknam assessed and generated a countywide 10-yr economic forecast for all 35 Orange County local agencies (MicroPAVER / StreetSaver assessments)
o 21 of 35 Orange County Local agencies;
o 20 San Diego/Inland Empire local agencies; and
o Army Corps of Engineers ASTM D6433 compliant surveying, reporting and pavement analysis on an annual basis;
 Our project manager has worked within the SoCal Pavement Management industry for over twenty-seven (27) years and has worked extensively with MicroPAVER PMP software through turn-key data conversion projects to long-term, proactive pavement CIP scheduling that relies on accurate and cost-efficient bid documentation;

 Project/engineering experience that brings the understanding that MicroPAVER results are not set in stone; we proactively use the available data to enhance budget forecasting and CIP/O&M project planning;
 Cost effective management methodologies, from the project kickoff through final reporting, gained through our Project Manager’s experience and use of Bucknam’s MyRoads® dynamic PMP-GIS web-portal;
 As Project Manager, my goal is not just to meet the requirements of this project but establish a living document (Arterial & Local pavement CIP submittal) that will be used throughout the term of the CIP as well as implement achievable long-term infrastructure management goals in coordination with City schedules.

By selecting Bucknam Infrastructure Group, Inc., the City of Covina will continue to receive a strong, knowledgeable, innovative, and communicative team with the experience to update a cost-effective pavement management program. Our handpicked pavement management professionals are committed to delivering quality services to the City. We have already scheduled time for your project and eagerly await our kick-off meeting with City staff and you.

Respectfully submitted,
Bucknam Infrastructure Group, Inc.

Peter J. Bucknam
President/Project Manager

Scope of Work
City of Covina 1-1
2025 Pavement Management Program
Project Understanding / Approach
We have defined detailed phases to the scope of work;

1. Project Implementation

2. Client Satisfaction

3. Project Schedule

4. Scope of Work (Major Tasks)
1) Project Implementation
TASK 1.1: Project Kickoff
The first step in updating a successful pavement management program truly resides in frequent communication and timely scheduled data updates. For the City of Covina, it will be essential to establish, up front, the Engineering department pavement management priorities. Our team will set up a Project Kickoff meeting with City staff (i.e. Mr. Michael Flores Jr.) to discuss and review in detail the expectations of the project, technical approach, section ID / GIS management & surveys, district/zone maintenance, MicroPAVER upgrades & use, deliverables within the scope of work and the review of schedule.

This effort will build consensus between the Public Works and Engineering staff as well as build stronger Arterial CIP and Local neighborhood maintenance programs that complement large Public Works CIP projects and annual maintenance projects.

Additional key topics to be discussed will include the review and assessment of the existing MicroPAVER pavement plan/data; its current and future use, MyRoads®, survey areas based on recent maintenance work and schedules, new construction, data quality and condition, current pavement procedures, historical expenditure levels and desired service levels.

Deliverable: Meeting minutes, revised project schedule (if necessary) TASK 1.2: Project Status Meetings - Quality Control Program Status Meetings and Progress Reports
 Minimum of three meetings during the project (kickoff, committee, City Council and status meetings) – minimum of eight (8) hours; Field review meetings; additionally bimonthly progress status reports will be delivered to the City project manager.

Quality Control (QC)
We will use a statistical sampling approach for measuring the quality of our field technician’s work. In this manner, 10 percent of the original annual surveys will be re-surveyed by an independent survey crew, supervised by a field supervisor, and the results will be compared to the original surveys (this will include 16 miles QC). Our QC process involves checking the field crews’ work in a “blind study” fashion. This will ensure that all field personnel are properly collecting distresses and pavement quantities for all street segments. PCI variance reporting will be performed where previous PCI data will be compared to newly inspected 2025 PCI data; if

Scope of Work
City of Covina 1-2
2025 Pavement Management Program
PCI’s vary more than ten (10) points per year Bucknam staff will assess the potential cause through unrecorded work history, accelerated pavement deterioration, etc. Bucknam will record/log any discrepancies between the previous and current PMP databases (any corrections/changes to the database shall not be made without prior City staff approval).

Since we are collecting distress information on our field MobileRater tablets with the Covina PMP database live, our staff will perform several quality control tests within MicroPAVER using a sample set of the City of Covina’s street distress data.

This will ensure that all system and analysis settings as well as City recommendations and standards are being followed. Over the past two years, Bucknam has submitted fifty (50+) METRO/OCTA compliant reports for LA and Orange County municipalities, they include:

Our surveys follow the accepted ASTM D6433 procedure requirements. A copy of the QA/QC plan utilized by our staff during the project will be submitted along with the PMP certification documents. Our staff attends the OCTA PMP Distress Training Classes held each year, 2011 thru 2024.

In July 2024 our staff was acknowledged as “qualified inspectors and firm” to prepare PMP’s compliant with the OCTA Countywide Pavement Management Guidelines (this certification/compliance runs through June 2026).

Additionally, Bucknam was selected by the Orange County Transportation Authority (OCTA) in 2022 to perform a 10-year Pavement Management Plan analysis on ALL 35 Orange County local agencies PMP’s.

Scope of Work
City of Covina 1-3
2025 Pavement Management Program
2) Client Satisfaction
TASK 2.1: Project Deliverables
Shown throughout our Scope of Work, each Task is summarized with project deliverables. Client satisfaction will derive from frequent communication with the Project Manager and key staff members from the Public Works department. Project success is created by delivering on three main factors;
1) Adherence to scope tasks and deliverables
2) Performing to the standard set by the Project Schedule; and 3) Controlling costs.

Our Project Manager will follow each of these factors throughout the duration of the project.

Bucknam’s experience through adherence to scope, schedule and budget have proven itself over the past twenty-seven (27) years of PMP service to Southern California local agencies.

Deliverable: Project Status Updates, as stated in Task 1.2 3) Project Schedule
TASK 3.1: Workflow / Project Schedule
Our project schedule shows each major task identified in our scope of work, as well as quality control milestones and meetings. Bucknam currently has ample staff to apply to this project in order to meet an aggressive schedule (two field technicians will drive the proactive schedule).

See key milestone dates from the project schedule below:
 Project Kickoff – May, 2025
 Survey Completion – September, 2025
 Delivery of draft PMP – September, 2025
 City comments returned to Consultant – late September, 2025  Delivery of City CIP Final Report – October, 2025
4) Scope of Work (Major Tasks)
TASK 4.1: Update Maintenance and Rehabilitation Activities The City will provide Bucknam with a complete listing of all major work (overlay, slurry, etc.) in hard copy/digital format to Bucknam for updating specific section work histories and PCI ratings.

Bucknam will review all maintenance and rehabilitation projects completed and/or scheduled by the City since the last PMP update in 2022 performed by Bucknam;

Scope of Work
City of Covina 1-4
2025 Pavement Management Program
this will include work history updates on arterials and locals. Our staff will enter the necessary work history updates as mentioned above (i.e. data entry of maintenance / rehabilitation activities) into your MicroPAVER database.

Deliverable: Update PMP data, Work History report
TASK 4.2: Pavement Condition Surveys
Once the pavement segmentation has been assessed and verified, the necessary inspections will be performed. Our survey methodology will include the following approach based on ASTM D6433 guidelines:

1. Walking - All sections are surveyed through “two-pass test” walking methodologies.

AC/PCC distress types will be collected based upon actual surface conditions and physical characteristics of the segment.

Surveying methods will be conducted by remaining consistent with ASTM D6433 & the Army Corp of Engineers AC/PCC sampling guidelines while being flexible to current City requirements.

All sample locations are observed through walking surveys; samples areas will cover a minimum of 20% of the total section area and will be 2,500 SF +/- 1,000 SF in size. The following Covina pavement sections are to be surveyed for the upcoming 2025 PMP update:
 2025 - The inspection of approximately 160 miles of Arterial and Local segments will be performed.

Our use of MicroPAVER tablet units allows our staff to collect pavement data with the City of Covina’s MicroPAVER database live in the field. Updated PMP data/inspections are transferred immediately to the MicroPAVER cloud / Bucknam’s PMP Dashboard and can be reviewed at any time for quality control and management. Our Tablet methodology sets us apart from the competition since we are using a paper-less inventory process to enter data; this in turn generates cost savings to enhance the project schedule and other portions of the project such as True Area SF calcs, CIP reporting, MicroPAVER training and on-call services.

Roadway Verification Survey - A listing of the field attribute data that is updated/verified during the survey for the pavement management database is listed below (METRO survey guidelines will be followed):

2. Field Attribute Data (updated and/or verified)
 Street name, from/to, indicating the assigned limits of the section  Street ranking indicating arterial, collector, local, # of lanes, surface type (AC, PCC)  Historical PCI tracking from previous inspections and 2025 PCI inspections  Segment quantities, indicating the length, width and area of the section

3. Conditional data will be evaluated for all street segments and will include:
 ASTM D6433 20 AC & 19 PCC distresses by type, severity and extent

Scope of Work
City of Covina 1-5
2025 Pavement Management Program
 Sampling/conditional data typically pulled from within edge-of-pavement to edge-of pavement
 PCI ratings (0-100), taking into account the surface condition, level of distress We welcome staff members from the City Covina to join our surveys. All pavement data will be entered into the Bucknam’s MicroPAVER licensed software. All items listed above will be maintained by our staff for the duration of this project.

4. Section Distress and PCI Reporting
Upon 50% and 100% completion of the required condition surveys, we will prepare draft PCI Reports and PCI GIS maps that document the conditions of all pavement segments. This report will provide the necessary data for Bucknam and the City to use and determine projected street rehabilitation and maintenance project locations.

The City and our staff will review the PCI reports to ensure that all inventory data is correct and the project is running smoothly. Our PCI Reporting will include:
 PCI Report – Sorted by Name (A to Z), PCI Order (0-100), Zone (1, 2, 3);  Work history report; and
 GIS Maps presenting PCI’s by section.

Once the City has reviewed, assessed and commented on the draft report, we will address all requested revisions and deliver the final reports.

Deliverable: Citywide PCI reports, compliant METRO PCI reports, PCI Variance report

DEVELOP RECOMMENDED IMPROVEMENT PROGRAM
TASK 4.3: Maintenance and Rehabilitation Assessment / Priorities We will assist the City in developing the most cost-effective preventive maintenance and rehabilitation strategies necessary to achieve the desired level of serviceability. This will be accomplished by meeting with the City to discuss and strategize maintenance/rehabilitation activities that are currently being used by the City. Based on the City’s current AC & PCC applications, and other maintenance practices used, we will conduct an historical and prospective analysis on the conditional and financial impact these practices have on the pavement network.

We will update the Covina MicroPAVER “decision tree” that will be used to generate pavement recommendations that match current fiscal year maintenance/rehabilitation approaches/City practices. This will be accomplished by assessing/updating the unique and individual PCI ranges and deterioration curves within PMP software based on functional class (i.e. arterial, collector and local) and age. Our staff will review the Covina deterioration curves that have been developed based on historical pavement condition, inspection, surface type, and road class data.

Scope of Work
City of Covina 1-6
2025 Pavement Management Program
All maintenance practices/unit costs and scheduled projects will be integrated into the PMP and will be derived from the most recent construction bids. We will account for inflation rates when long-term revenue projections are made.

Our Project Manager/Principal will work closely with the City in defining sound engineering based repair and rehabilitation strategies for each fiscal year and for each defined PMP zone within the network. Once the repair/rehabilitation strategies have been defined, a 5-year Forecast Maintenance & Rehabilitation (FMR) recommendations will be generated.

The recommended budget scenarios will be identified on the basis of several criteria:
 Minimization inconveniences for Covina residents by providing more efficient annual CIP/rehabilitation plans
 Assessment and review of the City’s Pavement CIP
 Present pavement conditions; Desired levels of service and available resources  Projected / Forecasted PCI’s per section
 Cost benefit of individual strategies (minimum of three (3) scenarios)  Scheduling with the City’s major CIP projects (water, sewer, etc.)  Budgetary findings/recommendations that satisfy METRO guidelines  Local “Neighborhood Zone” fiscal year reporting/improvement scheduling  Future routine maintenance needs based on projected deterioration rates The primary emphasis of this task is to maximize the scheduling of street maintenance using the most cost-effective strategies available and taking into account a life-cycle cost analysis.

TASK 4.4: Citywide CIP / METRO Compliance Budget Reports We will deliver the Final Report to the City which will be essential for staff reference and use as well as being presented in a way that is beneficial for elected officials/upper management.

This report will assist the City in complying with METRO guidelines and submittal requirements. The report will be prepared in a format that uses the information delivered by MicroPAVER in conjunction with the information and analysis performed by our team. The report will provide the City with information on:
 Identify present performance status of the entire network (section by section) as well as historical PCI performance;
 Current inventory and pavement conditions indices (PCI) for all road classes;  Bucknam will identify standing water locations and implement these findings within the Final Report;
 Projected / feasible annual rehabilitation programs for street maintenance for a 5-yr period (Forecast Maintenance Reports FY 2025-2030) that show the largest return on investment and acceptable levels of service;
o This will include a minimum of three (3) total scenarios;

Scope of Work
City of Covina 1-7
2025 Pavement Management Program
 Modeling and comparison of budget scenarios typically include:
o Current City proposed PMP budget; FY 2025-30;
o Maintain PCI for five years;
o Increase PCI within five years;
 Strategies and recommendations for the City’s CIP/maintenance programs and procedures, including a preventive maintenance schedule;  Recommended action plan for future PMP updates and Arterial/Collector & Local survey schedules
 Representation of forecasted scenarios within GIS mapping  Supporting documentation required by METRO;
 A detailed breakdown of deferred maintenance (backlog); and Deliverable: One (1) digital copy of the Final Pavement PMP Report (.pdf), will be sent to the City. Bucknam will also provide three (3) hard copies and final digital copies of the project related GIS files.

TASK 4.5: PMP – GIS Mapping
As an enhancement and proactive approach to this project, our staff will update the Pavement-GIS link between
MyRoads® and the City’s GIS Enterprise. Bucknam
currently has access to the 2022 PMP-GIS shapefile; this allows our staff to immediately utilize the file and prepare for internal PMP editing, survey and reporting. Our staff will review, with City staff, all ongoing upcoming capital projects that may impact the GIS mapping delivered for
this project. The maps described below will be
incorporated into the City’s Final PMP report:
 PCI condition values for every section
 Work History identifications
 5-yr Arterial / Local Rehabilitation and Slurry Seal Programs  Functional classification and surface type maps
Once the Pavement Segmentation Report is finalized, we will update the necessary MicroPAVER-GIS linkages. By using the unique Street ID’s within MicroPAVER and the City’s ESRI PMP shapefile ID’s, we will update the one-to-one match for each pavement section in the GIS.

Our staff will coordinate all project deliveries with the Public Works and the GIS division to ensure that the most current and accurate PMP-GIS maps are represented within the City’s GIS enterprise.

Deliverable: Complete GIS files/themes based on list above (project .mxd/shapefiles).

Scope of Work
City of Covina 1-8
2025 Pavement Management Program
TASK 4.6: Covina MyRoads® PMP Web-Portal
Covina MyRoads® Web-Portal -
Bucknam’s MyRoads® is a great match for
the Covina PMP today and the future.

MyRoads® brings your PMP data to life
within a dynamic dashboard! Bucknam
has shown the Covina MyRoads®
account actively working!
Bucknam now provides all our PMP
clients with a unique and agency driven
“MyRoads®” web-portal that provides
instantaneous access to your pavement
management database. This “dashboard”
allows users to toggle through individual
sections via GIS mapping selections, zone
queries, rank selection, PCI ranges, etc. to
review all section metrics, latest/previous
inspections, work histories generate filtered PCI reports and identify potential maintenance costs based upon your unique needs.

This tool will be accessed by City staff simply through a Username/Password methodology. As changes are made to the Covina PMP database the MyRoads® dataset is changed to reflect work history edits, PCI inspections and section changes.

In summary, MyRoads® allows the user to perform the following dynamic functions:
 Query specific pavement segment(s) to view current/historic PCI, work history inspection;
 Filter for pavement sections within a defined zone, PCI range and/or functional class;  Select a pavement section or grouping of section through the on-board GIS tool;  Enter slurry, overlay & reconstruction unit costs to determine preliminary cost of maintenance and resulting citywide PCI
o Display critical street / sidewalk / ROW assets along pavement section(s) that are critical to Engineering Bid development and solicitation (ADA ramps, utilities, manholes, trees, etc.
 Displays all final GIS project maps (PCI, work history, 5-yr forecasted maintenance, etc.)  Bucknam will train Covina staff in the simple use of the MyRoads® dashboard.

Deliverable: PMP software training, field and internal technical support

Scope of Work
City of Covina 1-9
2025 Pavement Management Program
TASK 4.7: As-Needed PMP – GIS Services
Pavement Management Program Support
With the City utilizing a triennial PMP management schedule Bucknam will provide annual PMP support that will cover PMP requests made by City staff during the next 36 months. If additional services outside the identified scope of work below are requested Bucknam will provide timely and proactive proposals and services to the City.

Our typical As-Needed services include:
 Additional budget scenarios, general reporting, deterioration studies  Additional visual inspections above the mileage amount indicated in Task 4.3  Additional pavement management – GIS mapping
 MicroPAVER / MyRoads® training, operational use
 GIS Enterprise assessment, management, support
The agreement will include the provision of onsite and telephone support for the City staff.

Deliverable: Remote and on-site technical support

Scope of Work
City of Covina 1-10
2025 Pavement Management Program
Proposed Fee
Task Items 1 through 4 can be accomplished on a time and materials not to exceed basis in accordance with the standard hourly rate schedule attached. Our anticipated fee including labor and reimbursable expenses is projected to be $60,275 for a five-month period.

Should the City desire to increase the service level above the hours outlined above for the Task items 1 through 4 or require other services not described herein, a fee adjustment would be negotiated and mutually agreed upon by both parties. We have included our fee schedule below for the City consideration.

Scope of Work
City of Covina 1-11
2025 Pavement Management Program
Standard Hourly Rate Schedule
Category Rate
Principal $ 315
Pavement Management Project Manager 225
Senior Project Manager 220
Management Analyst 185
Project Engineer / Planner 175
Sr. Engineer / GIS Manager / Sr. Inspector 170
Assistant Engineer / Sr. Technician / GIS Analyst 160
CADD Operator 130
Field / GIS Technician 120
Administrative Assistant 100
Clerical / Word Processing 100
Reimbursables
Mileage $0.81/mile
Subconsultant Services Cost + 15%
Reproduction Cost + 15%
Travel & Subsistence Cost + 15%
Fees & Permits Cost + 15%
Computer Services (External) Cost + 15%
Rates Effective 1/1/25

CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. CC 8
Meeting: July 1, 2025
Title: Renewal of Subrecipient Agreement for Senior Nutrition Program Services with YWCA of San Gabriel Valley for FY 2025-2026
Presented by: Lisa Evans, Director of Parks & Recreation and Library Services Recommendation: Approve the renewal of Subrecipient Agreement for Senior Nutrition Program Services with YWCA of San Gabriel Valley for FY 2025-2026 and authorize the City Manager to execute the Agreement.

EXECUTIVE SUMMARY:

The Parks & Recreation and Library Services Department offers a wide range of programs and services for our local senior community. The Nutrition Program services are aimed at improving seniors’ well-being and enhancing their quality of life. The City has contracted with the YWCA of San Gabriel Valley to administer this program for more than 20 years. The YWCA continues to provide quality services with qualified personnel. They work collaboratively with City staff to ensure the needs of our senior participants are met.

DISCUSSION:

Through the Nutrition program, local seniors are provided a hot lunch on a daily basis. The attendance for the daily lunch program has continued to increase, and presently, approximately 55 seniors enjoy a meal each day.

The YWCA provides an onsite kitchen manager who handles preparation of the meals for service, and then city staff and volunteers assist with serving and cleanup.

Since the YWCA of San Gabriel Valley has continued to perform all contracted services in an excellent manner, staff are recommending the renewal of the Subrecipient Agreements.

FISCAL IMPACT:

The services provided by the YWCA for the Senior Nutrition Program are funded by the Community Development Block Grant in the amount of $10,000. Funds are budgeted in account 21004800 53750 80045.

CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):

Not applicable.

Respectfully submitted,

ATTACHMENT A

SUBRECIPIENT AGREEMENT

BETWEEN

CITY OF COVINA
AND

YWCA SAN GABRIEL VALLEY

CDBG SENIOR NUTRITION PROGRAM,
CDBG 601198

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AGREEMENT BETWEEN CITY OF COVINA AND YWCA SAN GABRIEL VALLEY

SENIOR NUTRITION PROGRAM
CDBG PROJECT No. 601198-25
THIS AGREEMENT, entered this July 1, 2025, by and between the City of Covina located at 125 E. College Street, Covina, California (herein called the "Grantee") and YWCA San Gabriel Valley, located at 101 South Barranca Avenue, Covina, California 91723 (herein called the "Subrecipient").

WHEREAS, the Grantee has applied for funds from the United States Government under Title I of the Housing and Community Development Act of 1974, Public Law 93-383; and WHEREAS, the Grantee wishes to engage the Subrecipient to assist the Grantee in utilizing such funds; and
WHEREAS, Application for funds from the United States Government is subject to approval by the County of Los Angeles acting as administrator of the funding provided by HUD. If Grantee's application should be denied by either HUD or the County of Los Angeles, or not approved by June 30, 2025, either Grantee or Subrecipient shall have the right to terminate this Agreement upon written notice to the other.

NOW, THEREFORE, it is agreed between the parties hereto that; I. SCOPE OF SERVICE
A. Activities
The Subrecipient will be responsible for administering a component of the Community Development Block Grant (CDBG) Senior Nutrition Programs, 601198-25, in a manner satisfactory to the Grantee and consistent with any standards required as a condition of providing these funds. No expenditures may be incurred until the Agreement has been fully executed. The Senior Nutrition Program will include a daily nutrition program for all registered participants Monday through Friday, fifty-two (52) weeks per year at the City's designated Senior Center, as described in the Scope of Services attached hereto as Exhibit D and incorporated herein by this reference. The meals may also be provided through a delivery or pick-up system if in-person dining is not permissible.

B. Program Delivery
This program provides daily (Monday through Friday) hot meals, 52 weeks per year, to the elderly, age 60 and older. The meals may also be provided through a delivery or pick-up system if in-person dining is not permissible. Limit of funding is Ten Thousand Dollars ($10,000). CDBG funds will be used to pay a portion of the salary for a Nutrition Site Manager (an employee of YWCA San Gabriel Valley).

C. General Administration
The Subrecipient is authorized to implement the project identified upon the execution by the SubRecipient's authorized signatory. Said implementation shall be in full accordance with the requirements, conditions, and assurances defined in the Agreement between the Grantee and the Subrecipient. In addition, the Subrecipient agrees to comply with all standard CDBG regulations.

D. Levels of Accomplishment
In addition to the normal administrative services required as part of this Agreement, the SubRecipient agrees to provide the following levels of program services:

Approximate Total Units for FY 25-26: 150 unduplicated seniors, 14,500 duplicated senior meals

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AGREEMENT BETWEEN CITY OF COVINA AND YWCA SAN GABRIEL VALLEY

SENIOR NUTRITION PROGRAM
CDBG PROJECT No. 601198-25
E. Staffing
Staffing is paid through the CDBG program.

F. Performance Monitoring
The Grantee will monitor the performance of the Subrecipient against goals and performance standards required herein. Substandard performance as determined by the Grantee will constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by the Subrecipient within a reasonable period of time after being notified by the Grantee, contract suspension or termination procedures will be initiated.

II. TIME OF PERFORMANCE
Services of the Subrecipient shall start on the 1
st day of July, 2025, and end on the 30th day of June,
2026. The term of this Agreement and the provisions herein shall be extended to cover any additional time period during which the Subrecipient remains in control of CDBG funds or other assets including program income.

Ill. PAYMENT
It is expressly agreed and understood that the total amount to be paid by the Grantee under this Agreement shall not exceed Ten Thousand Dollars ($10,000). Draw-downs for the payment of eligible expenses shall be made against the budget specified in Section 1.B herein and in accordance with performance. Expenses for general administration shall also be paid against the budget specified in Section I.B and in accordance with performance.

IV. NOTICES
Communication and details concerning this Agreement shall be directed to the following contract representatives:

Grantee Subrecipient
Alana Mantilla, Economic Development Manager
City of Covina
125 E. College Street
Covina, CA 91723
626-384-5443
[email protected]
Debra Ward, Chief Executive Officer
YWCA San Gabriel Valley
101 S. Barranca Avenue
Covina, CA 91724
626-214-9442
V. SPECIAL CONDITIONS
The Subrecipient agrees to comply with the requirements of Title 24 Code of Federal Regulations, Part 570 of the U.S. Department of Housing and Urban Development regulations concerning Community Development Block Grant (CDBG) and all federal regulations and policies issued pursuant to these regulations, except that:
• Subrecipient does not assume the Grantee's environmental responsibilities described at 24 CFR 570.604.
• Subrecipient does not assume the Grantee's responsibility for initiating the review process under the provisions of 24 CFR Part 52.

AGREEMENT BETWEEN CITY OF COVINA AND YWCA SAN GABRIEL VALLEY

SENIOR NUTRITION PROGRAM
CDBG PROJECT No. 601198-25
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The Subrecipient further agrees to utilize funds available under this Agreement to supplement rather than supplant funds otherwise available.

VI. GENERAL CONDITIONS
A. General Compliance
The Subrecipient agrees to comply with all applicable federal, state and local laws and regulations governing the funds provided under this Agreement.

B. Independent Contractor
Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. The Subrecipient shall at all times remain an independent contractor with respect to the services to be performed under this Agreement. The Grantee shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and Workers' Compensation Insurance, as the Subrecipient is an Independent Contractor and is solely responsible for payment of all of the aforementioned insurance, compensation and employment provisions and taxes.

C. Indemnities for Third Party Claims

1. Duty to Defend, Hold Harmless and Indemnify
To the fullest extent permitted by law, Subrecipient shall. at its sole cost and expense, defend, hold harmless and indemnify 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 (collectively "lndemnitees"), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens and losses of any nature whatsoever, including fees of accountants, attorneys or other professionals, and all costs associated therewith, and the payment of all consequential damages (collectively "Liabilities"), in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Subrecipient, its officers, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that Subrecipient shall bear the legal liability thereof) in the performance of this Agreement, including the lndemnitees' active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the lndemnitees, as determined by final arbitration or court decision or by the agreement of the parties. Subrecipient shall defend the lndemnitees in any action or actions filed in connection with any Liability with counsel of the lndemnitees' choice, and shall pay all costs and expenses, including all attorneys' fees and experts' costs actually incurred in connection with such defense. Subrecipient shall reimburse the lndemnitees for any and all legal expenses and costs incurred by lndemnitees in connection therewith.

Subrecipient shall pay all required taxes on amounts paid to Subrecipient under this Agreement. and indemnify and hold lndemnitees harmless from any and all taxes, assessments, penalties and interest asserted against Grantee by reason of the independent contractor relationship created by this Agreement. Subrecipient shall fully comply with the workers' compensation law regarding Subrecipient and

AGREEMENT BETWEEN CITY OF COVINA AND YWCA SAN GABRIEL VALLEY

SENIOR NUTRITION PROGRAM
CDBG PROJECT No. 601198-25
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Subrecipient's employees. Subrecipient shall indemnify and hold Indemnitees harmless from any failure of Subrecipient to comply with applicable workers' compensation laws. Grantee may offset against the amount of any fees due to SubRecipient under this Agreement any amount due to Grantee from Subrecipient as a result of Subrecipient's failure to promptly pay to Grantee any reimbursement or indemnification arising under this Section VI.C.

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

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

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

4. Survival of Terms
Subrecipient's indemnifications and obligations under this Section VI.C shall survive the expiration or termination of this Agreement.

D. Workers' Compensation
The Subrecipient shall provide Workers' Compensation Insurance coverage as required by the State of California with a minimum limit of One Million Dollars ($1,000,000) for all employees involved in the performance of this Agreement, as well as any and all work associated therewith.

E. Insurance