Agenda packet — Covina City Council, August 5, 2025 (part 2 of 3)

EXHIBIT A

SCOPE OF WORK AND PAYMENT SCHEDULE

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EXHIBIT B

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

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

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

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

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

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

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

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

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

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

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

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EXHIBIT C

PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS that:

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

Fence Replacement at Covina City Yard and various locations along Charter Oak Wash (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

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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.

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EXHIBIT D

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

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

Fence Replacement at Covina City Yard and various locations along Charter Oak Wash (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

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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.

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.

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CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. CC 15
Meeting: August 5, 2025
Title: Designation of Voting Delegate and Alternates for the League of California Cities Annual Conference Which Includes the Annual Business Meeting – October 8-10, 2025 Presented by: Angel Carrillo, Assistant City Manager
Recommendation: 1. Designate Councilmember Walter Allen, III, as the voting delegate and Mayor Pro Tem Hector Delgado, as the alternate to represent the City at the Annual Business Meeting of the League of California Cities General Assembly; and

2. Direct the Chief Deputy City Clerk to submit the required "Voting Delegate Form" to the League's Sacramento Office no later than September 24, 2025.

EXECUTIVE SUMMARY:

The League of California Cities holds an Annual Conference. This year, the Annual Conference is scheduled for October 8-10, 2025, in Long Beach. An important part of the Annual Conference is the Annual Business Meeting, scheduled to be held on October 10, 2025. At this meeting, the League membership considers and takes action on resolutions that establish League Policy. The City is requested to select a delegate and alternate to vote on the City's behalf at this meeting.

DISCUSSION:

In order to vote at the Annual Business Meeting, the City Council must designate one voting delegate. In the event that the designated voting delegate is unable to serve in that capacity, the City may appoint up to two alternate voting delegates.

Councilmember Walter Allen, III currently serves as a Board member for the League of California Cities and also serves on the League's Public Safety Policy Committee. Mayor Pro Tem Delgado currently serves as the alternate to the League of California Cities. The Council may choose to select any member of the Council to serve as the delegate and alternate regardless of their current involvement with the League. The League is requesting that the City take action on delegate and alternate by October 10, 2025, and that the City submit the delegate and alternate selection form by Wednesday, September 24, 2025.

FISCAL IMPACT:

The City Council 2025-26 budget has allocated funds for members of the City Council to attend the conference.

CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):

Not applicable.

Respectfully submitted,

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1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org

DATE: Wednesday, July 16, 2025
TO: Mayors, Council Members, City Clerks, and City Managers RE: DESIGNATION OF VOTING DELEGATES AND ALTERNATES
League of California Cities Annual Conference and Expo, Oct. 8-10, 2025 Long Beach Convention Center
Every year, the League of California Cities convenes a member-driven General Assembly at the Cal Cities Annual Conference and Expo. The General Assembly is an important opportunity where city officials can directly participate in the development of Cal Cities policy.

Taking place on Oct. 10, the General Assembly is comprised of voting delegates appointed by each member city; every city has one voting delegate. Your appointed voting delegate plays an important role during the General Assembly by representing your city and voting on resolutions.

To cast a vote during the General Assembly, your city must designate a voting delegate and up to two alternate voting delegates, one of whom may vote if the designated voting delegate is unable to serve in that capacity. Voting delegates may either be an elected or appointed official.

Action by Council Required. Consistent with Cal Cities bylaws, a city’s voting delegate and up to two alternates must be designated by the city council. Please note that designating the voting delegate and alternates must be done by city council action and cannot be accomplished by individual action of the mayor or city manager alone.

Following council action, please submit your city’s delegates through the online submission portal by Wed., Sept. 24. When completing the Voting Delegate submission form, you will be asked to attest that council action was taken. You will need to be signed in to your My Cal Cities account when submitting the form.

Submitting your voting delegate form by the deadline will allow us time to establish voting delegate/alternate records prior to the conference and provide pre-conference communications with voting delegates.

Conference Registration Required. The voting delegate and alternates must be registered to attend the conference. They need not register for the entire conference; they may register for Friday only. Conference registration is open on the Cal Cities website.

Council Action Advised by September 24, 2025

ATTACHMENT A

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For a city to cast a vote, one voter must be present at the General Assembly and in possession of the voting delegate card and voting tool. Voting delegates and alternates need to pick up their conference badges before signing in and picking up the voting delegate card at the voting delegate desk. This will enable them to receive the special sticker on their name badges that will admit the voting delegate into the voting area during the General Assembly.

Please view Cal Cities’ event and meeting policy in advance of the conference.

Transferring Voting Card to Non-Designated Individuals Not Allowed. The voting delegate card may be transferred freely between the voting delegate and alternates, but only between the voting delegate and alternates. If the voting delegate and alternates find themselves unable to attend the General Assembly, they may not transfer the voting card to another city official.

Seating Protocol during General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.

The voting delegate desk, located in the conference registration area of the Long Beach Convention Center in Long Beach, will be open at the following times: Wednesday, Oct. 16, 8:00 a.m.-6:00 p.m. and Thursday, Oct. 17, 7:30 a.m.-4:00 p.m. On Friday, Oct. 18, the voting delegate desk will be open at the General Assembly, starting at 7:30 a.m., but will be closed during roll calls and voting.

The voting procedures that will be used at the conference are attached to this memo.

Please share these procedures and this memo with your council and especially with the individuals that your council designates as your city’s voting delegate and alternates.

Once again, thank you for submitting your voting delegate and alternates by Wednesday, Sept. 24. If you have questions, please contact Zach Seals at [email protected].

Attachments:
• General Assembly Voting Guidelines
• Information Sheet: Cal Cities Resolutions and the General Assembly

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1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org General Assembly Voting Guidelines

1. One City One Vote. Each member city has a right to cast one vote on matters pertaining to Cal Cities policy.

2. Designating a City Voting Representative. Prior to the Cal Cities Annual Conference and Expo, each city council may designate a voting delegate and up to two alternates; these individuals are identified on the voting delegate form provided to the Cal Cities Credentials Committee.

3. Registering with the Credentials Committee. The voting delegate, or alternates, may pick up the city's voting card at the voting delegate desk in the conference registration area. Voting delegates and alternates must sign in at the voting delegate desk. Here they will receive a special sticker on their name badge and thus be admitted to the voting area at the General Assembly.

4. Signing Initiated Resolution Petitions. Only those individuals who are voting delegates (or alternates), and who have picked up their city’s voting card by providing a signature to the credentials committee at the voting delegate desk, may sign petitions to initiate a resolution.

5. Voting. To cast the city's vote, a city official must have in their possession the city's voting card and voting tool; and be registered with the credentials committee. The voting card may be transferred freely between the voting delegate and alternates but may not be transferred to another city official who is neither a voting delegate nor alternate.

6. Voting Area at General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.

7. Resolving Disputes. In case of dispute, the credentials committee will determine the validity of signatures on petitioned resolutions and the right of a city official to vote at the General Assembly.

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Sixty days before the
Annual Conference
and Expo, Cal Cities
members may submit
policy proposals on
issues of importance
to cities. The resolution must
have the concurrence of at least
five additional member cities or
individual members.

How it works: Cal Cities
Resolutions and the General Assembly
General Assembly
General Resolutions Policy Committees
Developing League of California Cities policy is a dynamic process that engages a wide range of members to ensure Cal Cities represents cities with one voice. These policies directly guide Cal Cities’ advocacy to promote local decision-making, and lobby against statewide policies that erode local control.

The resolutions process and General Assembly is one way that city officials can directly participate in the development of Cal Cities policy. If a resolution is approved at the General Assembly, it becomes official Cal Cities policy. Here’s how resolutions and the General Assembly work.

The petitioned
resolution is an
alternate method
to introduce policy
proposals during
the annual conference. The
petition must be signed by
voting delegates from 10% of
member cities, and submitted to
the Cal Cities President at least
24 hours before the beginning
of the General Assembly.

Petitioned Resolutions
The Cal Cities
President assigns
general resolutions
to policy committees
where members
review, debate, and recommend
positions for each policy proposal.

Recommendations are forwarded
to the Resolutions Committee.

Who’s who
The Resolutions Committee
includes representatives
from each Cal Cities
diversity caucus, regional
division, municipal
department, and policy
committee, as well as
individuals appointed by
the Cal Cities president.

Voting delegates
are appointed by each
member city; every city
has one voting delegate.

The General Assembly is a
meeting of the collective
body of all voting
delegates —one from
every member city.

Seven policy committees
meet throughout the year
to review and recommend
positions to take on bills
and regulatory proposals.

Policy committees include
members from each Cal
Cities diversity caucus,
regional division, and
municipal department,
as well as individuals
appointed by the Cal
Cities president.

During the General Assembly, voting delegates
debate and consider general and petitioned
resolutions forwarded by the Resolutions
Committee. Potential Cal Cities bylaws
amendments are also considered at this meeting.

Cal Cities policy
development is a memberinformed process,
grounded in the voices and
experiences of city officials
throughout the state.

For more information visit www.calcities.org/general-assembly Prior to the Annual Conference and Expo
Resolutions Committee
The Resolutions
Committee considers
all resolutions. General
Resolutions approved1 by
either a policy committee
or the Resolutions Committee are next
considered by the General Assembly.

General resolutions not approved, or
referred for further study by both a
policy committee and the Resolutions
Committee do not go to the General
Assembly. All Petitioned Resolutions
are considered by the General
Assembly, unless disqualified.2
During the Annual Conference and Expo
1 The Resolution Committee can amend a general resolution prior to sending it to the General Assembly. 2 Petitioned Resolutions may be disqualified by the Resolutions Committee according to Cal Cities Bylaws Article VI. Sec. 5(f). Page 158 of 382 CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. CC 16
Meeting: August 5, 2025
Title: Confirm and Approve City Council’s Revisions to Various Boards and Commissions Appintments
Presented by: Chris Marcarello, City Manager
Fabian Velez, Chief Deputy City Clerk
Recommendation: Approve the City Council’s revisions to various boards and commissions appointments.

EXECUTIVE SUMMARY/ BACKGROUND:

Public involvement is crucial to the City’s decision-making process, and appointed advisory bodies are an important and valued part of City government. There are particular areas of decision-making which benefit from the advice and counsel of qualified residents. By advising the City Council and staff, bringing new ideas to the table, and representing all of the diverse elements of our community, advisory bodies assist the City Council in making the best, most informed decisions possible, for the benefit of the entire Covina community. The Covina Municipal Code provides for the establishment of advisory bodies including commissions, committees, and boards to advise the City Council and provide ongoing citizen input into policies and issues affecting the Covina community.

DISCUSSION:

Appointed members of boards and commissions are appointed by and serve at the pleasure of the City Council, pursuant to Government Code Section 36506. The City Council shall have the authority to appoint, reappoint, and/or make changes to existing positions.

The following actions are being considered for approval:
 Councilmember Allen: Reappointment of Diana Mullins to the Library Board of Trustees for a 3-year term ending June 30, 2028.
 Mayor Pro Tem Delgado: Removal of Susan Zermeno from the Parks/Recreation Commission for an unexpired 4-year term ending June 30, 2026.
 Mayor Linares: Appointment of Thomas Nass to the Planning Commission for an unexpired 4-year term ending June 30, 2026.
 Councilmember Cortez: Reappointment of Deborah Moraza to the Library Board of Trustees for a 3-year term ending June 30, 2028, and appointment of John Espinoza to the Youth Accountability Board for an unexpired 4-year term ending June 30, 2028.

FISCAL IMPACT:

None.

CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):

Not applicable.

Respectfully submitted,

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CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. CC 17
Meeting: August 5, 2025
Title: Covina Police Department Parking Lots Slurry Seal Project – Project No. F2601 – Award of Minor Construction and Maintenance Agreement to FS Contractors, Inc in an Amount Not-To Exceed $46,970
Presented by: Rafael M. Fajardo, Director of Public Works/City Engineer Recommendation: 1. Award a Minor Construction and Maintenance Agreement to FS Contractors, Inc. as the lowest responsive, responsible bidder in an amount not-to-exceed $46,970 and authorize the City Manager, or his designee, to execute the agreement; and

2. Adopt Resolution CC 2025-96 amending the FY 2025-2026 Capital Improvement Program and Capital Improvement Program Budget to add the Covina Police Department Parking Lots Slurry Seal Project – Project No. F2601 and transfer $46,970 from the General Fund into the General CIP Fund for use towards project completion.

EXECUTIVE SUMMARY/BACKGROUND:

The Covina Police Department’s parking lots (westerly for public use and easterly for Covina Police vehicles) have shown signs of surface wear, oxidation, and cracking due to prolonged exposure to vehicular traffic and environmental elements. Regular maintenance such as slurry sealing provides an extended life for asphalt pavement by providing a protective layer that prevents further deterioration and is a cost-effective alternative to a complete grind and pave of the parking lots.

The last slurry seal treatment for the Police Department parking lots was performed in 2018 for the West Parking Lot and over 15 years for the East Parking Lot, and based on visual / physical assessments as well as input from City staff, both parking lots are overdue for an application in order to preserve the existing pavement and maintain safe, appealing City facilities.

DISCUSSION:

Slurry sealing is a preventative maintenance measure that involves applying a mixture of asphalt emulsion, water, aggregate, and additives over the existing pavement surface. The scope of work to be completed for the Covina Police Department’s East and West Parking Lots are as follows:
 Mobilization and traffic control
 Application of herbicide to all cracks two weeks before crack sealing (1-day)  Clean and seal all cracks 1/4” to 1” with hot rubberized crack sealant (1-day)  Furnish and apply Type II emulsion aggregate slurry seal with 2.5% latex additive and roll with a rubber tire roller (1-day)
Work will be scheduled in collaboration with the Covina Police Department to minimize disruption to both the Covina Police Department and the public.

Moreover, the Department of Public Works requested informal proposals from three companies listed on the City’s approved On-Call Contractors list. City staff subsequently received the following two proposals:

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Rank Bidder Location Total Base Bid Amount
1 FS Contractors, Inc. Sylmar, CA $46,970
2 Gentry Brothers, Inc. Irwindale, CA $52,000
3 GM Sager Construction Co, Inc. Pomona, CA No Response City staff reviewed all bid proposals submitted and concluded that FS Contractors, Inc. is the lowest responsive and responsible bidder for the project. FS Contractors, Inc. has satisfactorily completed projects for the City of Covina including the Alleyway Resurfacing Project and the Downtown Trash Enclosure Project – Phase IV, all of which included components of slurry sealing in the scope of work and the City was satisfied with all results.

FISCAL IMPACT:

Based on the bid proposals received by the Department of Public Works, the anticipated cost to slurry seal the Covina Police Department’s East and West Parking Lots is $46,970. Funding is available in the General Fund – Engineering – “Other Professional Services” line item in the FY 2025-2026 Department of Public Works’ Engineering Division Budget. Resolution CC 2025-96 will transfer $46,970 from the “Other Professional Services” line item from the General Fund into the General CIP Fund “Improvements-Not Buildings/Structures” line item for use towards completion of the slurry seal project. A funding summary of project expenses is conveyed below:

Funding Amount Account
General CIP (Transfer from General Fund) $46,970 4010-1000-55200-F2601 Total $46,970

PROJECT EXPENSES
Description Amount
Base Bid (FS Contractors, Inc.) $46,970
Total Contract Amount $46,970
Total Fiscal Impact $46,970
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,

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ATTACHMENT A

CITY OF COVINA AGREEMENT FOR

MINOR CONSTRUCTION AND MAINTENANCE SERVICES
This Agreement (“Agreement”) is dated August 5, 2025 (“Effective Date”) and is between the City of Covina, a California municipal corporation (“City”) and FS Contractors, Inc a California corporation (Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.

RECITALS
A. City desires to utilize the services of Contractor as an independent contractor to construction of the Covina Police Department Parking Lots Slurry Seal Project – Project No.

F2601.

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

C. City desires to retain Contractor and Contractor desires to serve City to perform this work in accordance with the terms and conditions of this Agreement.

The parties therefore agree as follows:

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

2. Compensation.

A. Cost of Work. For the Work described in Section 3 of this Agreement, Contractor shall receive the sum of Forty Six Thousand Nine Hundred and Seventy Dollars ($46,970) payable in accordance with the Schedule of Payments, attached hereto and incorporated herein as Exhibit A (Scope of Work). Any terms other than a description of the work to be performed, costs of the work, or the payment schedule contained in Exhibit A is null and void and not a part of this Agreement.

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

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

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3. Contractor’s Work.

A. Scope of Services. Contractor shall construct and install all of the work described in the Scope of Work, attached hereto and incorporated herein as Exhibit A (Scope of Work and Payment Schedule) and shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the Work. All of said Work to be performed and materials to be furnished for the Work shall be in strict accordance with the specifications set forth in the Scope of Work. The Work shall be completed within the time set forth in the Scope of Work. Contractor shall not commence the Work until such time as directed in writing by the City. City may request, in writing, changes in the Scope of Work to be performed. Any changes mutually agreed upon by the parties, and any increase or decrease in compensation, shall be incorporated by written amendments to this Agreement.

B. Party Representatives. For the purposes of this Agreement, the City Representative shall be the City Manager, or such other person designated in writing by the City Manager (the “City Representative”). For the purposes of this Agreement, the Contractor Representative shall be Jose Angel Fierros, President (the “Contractor Representative”). The Contractor Representative shall directly manage Contractor’s Work under this Agreement. Contractor shall not change the Contractor Representative without City’s prior written consent.

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

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

E. Personnel. Contractor has, or will secure at its own expense, all personnel required to perform the Work required under this Agreement. All of the Work required under this Agreement shall be performed by Contractor or under its supervision, and all personnel engaged in the work shall be qualified to perform such Work. Contractor shall determine the means, methods, and details by which Contractor’s personnel will perform the Work under this Agreement.

Contractor shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Work and compliance with the customary professional standards.

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

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

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

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

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

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

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

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

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

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

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

P. Liquidated Damages; Extension Of Time. In accordance with Government Code Section 53069.85, Contractor agrees to forfeit and pay to City the sum of Five Hundred Dollars ($500.00) per day for each calendar day completion is delayed beyond the time allowed pursuant to Section 3 of this Agreement. Such sum shall be deducted from any payments due to or to become due to Contractor. Contractor will be granted an extension of time and will not be assessed liquidated damages far unforeseeable delays beyond the control of, and without the fault or negligence of, the Contractor including delays caused by City. Within ten (10) calendar days of the occurrence of such delay, Contractor shall give written notice to City. Within thirty (30) calendar days of the occurrence of the delay, Contractor shall provide written documentation sufficient to support its delay claim to City. Contractor's failure to provide such notice and documentation shall constitute Contractor's waiver, discharge, and release of such delay claims against City.

4. Method of Payment.

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

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

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

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

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

6. Independent Contractor.

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

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

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

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

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

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

7. PERS Compliance and Indemnification.

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

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

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

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

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

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

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

10. Indemnification.

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

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

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

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

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

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

11. Insurance.

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

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

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3) Workers’ Compensation Insurance as required by the State of California and Employer’s Liability Insurance with a minimum limit of One Million Dollars ($1,000,000) per accident for bodily injury or disease. If Contractor has no employees while performing Work under this Agreement, workers’ compensation policy is not required, but Contractor shall provide an executed declaration that it has no employees.

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

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

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

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

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

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

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

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

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

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

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

12. Mutual Cooperation.

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

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

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

14. Termination or Suspension of Agreement.

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

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

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

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

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

If to City: If to Contractor:

Attn: Engineering Division Jose Angel Fierros, President City of Covina FS Contractors, Inc
125 E. College Street 14838 Bledsoe Street
Covina, California 91723 Sylmar, CA 91342

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

City:

City of Covina,
a California municipal corporation
By:

Name: Chris Marcarello
Title: City Manager
ATTEST:

By:

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

FS Contractors, Inc.
a California Corporation
By:

Name: Jose Angel Fierros
Title: President
By:

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

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EXHIBIT A

SCOPE OF WORK

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EXHIBIT B

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

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EXHIBIT C

PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS that:

WHEREAS the City of Covina (“City”), State of California, has awarded to FS Contractors, Inc – 14838 Bledsoe Street, Sylmar, CA 91342 (“Principal”)
(Name and address of Contractor)
a contract (the “Contract”) for the Work described as follows:

COVINA POLICE DEPARTMENT PARKING LOTS SLURRY SEAL PROJECT – PROJECT NO. F2601
(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

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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.

Dated:
“Principal”
By:

Its
By:

Its
(Seal)
“Surety”
By:

Its
By:

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EXHIBIT D

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

COVINA POLICE DEPARTMENT PARKING LOTS SLURRY SEAL PROJECT – PROJECT NO. F2601
(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.

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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.

Dated:
“Principal”
By:

Its
By:

Its
(Seal)
“Surety”
By:

Its
By:

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ATTACHMENT B
RESOLUTION CC 2025-96

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COVINA, CALIFORNIA, TO AMEND THE FISCAL YEAR 2025-2026 CAPITAL

IMPROVEMENT PROGRAM AND CAPITAL IMPROVEMENT

PROGRAM BUDGET TO ADD THE COVINA POLICE DEPARTMENT
PARKING LOTS SLURRY SEAL PROJECT – PROJECT NO. F2601 AND TRANSFER $46,970 FROM THE GENERAL FUND INTO THE GENERAL

CIP FUND FOR USE TOWARDS PROJECT COMPLETION
WHEREAS, the City of Covina is a municipal corporation duly organized and existing pursuant to the Constitution and laws of the State of California (“City”); and WHEREAS, the Fiscal Year 2026 Operating Budget & Capital Improvement Plan (CIP) was approved on May 6, 2025; and
WHEREAS, the approved Operating Budget and Capital Improvement Program budget are in accordance with all applicable ordinances of the City and all applicable statutes of the State; and
WHEREAS, on occasion, the City Council will deem it necessary to amend the Capital Improvement Program Budget to create a budget allocation to facilitate a project the City Council deems necessary and important; and
WHEREAS, those amendments (allocations) to the Budget shall be by approval and memorialized by Resolution of the City Council; and
WHEREAS, the City of Covina wishes to amend the FY 2025-2026 Capital Improvement Program and Capital Improvement Program Budget to Add the Covina Police Department Parking Lots Slurry Seal Project – Project No. F2601 and Transfer $46,970 from the General Fund into the General CIP Fund for use towards project completion.

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

SECTION 1. Amend the Fiscal Year 2025-2026 Operating & Capital Improvement Program Budget as follows:

Account No. Account Description Amount ($) Increase/Decr ease
1010-2100-
51990
GF-Engineering-Other
Professional Fees
$46,970 Decrease
1010-1000-
59140
GF-PD Admin-TransferCIP$46,970 Increase
4010-1000-
49110-F2601
General CIP-PD AdminTransfer In-Covina $46,970 Increase

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Resolution CC 2025-96 Page 2 of 2
Police Department
Parking Lots Slurry Seal
Project
4010-1000-
55200-F2601
General CIP-PD AdminImprovements-Not
Buildings/StructuresCovina Police
Department Parking
Lots Slurry Seal Project
$46,970 Increase
SECTION 2. The City Clerk shall certify to the passage and adoption of this resolution and shall enter the same in the Book of Original Resolutions.

APPROVED AND PASSED this 5
th day of August, 2025.

City of Covina, California
BY:

VICTOR LINARES, Mayor
ATTEST:

FABIAN VELEZ, Chief Deputy City Clerk

CERTIFICATION
I, Fabian Velez, Chief Deputy City Clerk of the City of Covina, do hereby certify that Resolution CC 2025-96 was duly adopted by the City Council of the City of Covina at a regular meeting held on the 5
th day of August, 2025, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Dated:

FABIAN VELEZ, Chief Deputy City Clerk

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1 4 8 3 8 B L E D S O E S T R E E T • S Y L M A R , C A 9 1 3 4 2 P H O N E : ( 8 1 8 ) 8 3 8 - 6 0 4 0 • F A X : ( 8 1 8 ) 8 3 8 - 6 1 7 1 C O N T R A C T O R ’ S L I C E N S E N O . 1 0 0 5 9 4 0 C L A S S A - C8 - C 2 7 • D I R N O . 1 0 0 0 0 3 3 4 3 8 PROPOSAL R2
July 14, 2025
Mr. Michael Flores, Jr.

Public Works Manager
City of Covina
Department of Public Works
125 East College Street
Covina, CA 91723
[email protected]
626-384-5482 Office
PROJECT: Police Department Parking Lots Crack Seal and Slurry Seal Dear Mr. Flores, Jr.:

Per the attached email correspondence, we hereby propose to furnish all labor, material, equipment, and transportation necessary to complete the work as itemized in the table below. The scope of work includes the crack seal and slurry seal of the Police Department parking lots.

Item Description Quantity Unit Unit Price Item Total
West Parking Lot (16,000 SF) based on weekday schedule. For Saturday work, add $4,000 per item (2, 3, 4) 1 Mobilization and traffic control. 1 LS $1,000.00 $1,000.00 2 Apply herbicide to all cracks two weeks before crack sealing (1-day). 1 LS $800.00 $800.00 3 Clean and seal all cracks ¼” up to 1” with hot rubberized crack sealant. (1-day). 1 LS $7,000.00 $7,000.00
4 Furnish and apply Type II emulsion aggregate slurry seal with 2.5% latex additive and roll with a rubber tire roller (1-day). 16,000 SF $0.82 $13,120.00 Total (West Parking Lot)* $21,920.00
East Parking Lot (32,500 SF) based on weekday schedule. For Saturady work, add $4,000 per item (6, 7, 8) 5 Mobilization and traffic control. 1 LS $1,000.00 $1,000.00 6 Apply herbicide to all cracks two weeks before crack sealing (1-day). 1 LS $800.00 $800.00 7 Clean and seal all cracks ¼” up to 1” with hot rubberized crack sealant. (1-day). 1 LS $7,000.00 $7,000.00
8 Furnish and apply Type II emulsion aggregate slurry seal with 2.5% latex additive and roll with a rubber tire roller (1-day). 32,500 SF $0.50 $16,250.00 Total (East Parking Lot)* $25,050.00
TOTAL PRICE* $46,970.00
*The Total Price is the minimum price for performing the work even if the final quantity ends up being less than that shown on the Proposal. If the quantity exceeds the specified quantity, then the additional quantity will be charged per the unit price. Price is good for 30 days from the date of Proposal. Price is based on prevailing wage rates. All work is based on one move-in. Additional move-ins will be charged at a rate of $1,000.00 each.

EXCLUSIONS: Permits, bond, engineering survey, re-establishment of survey monument, utility relocation, removal of existing striping, and removal/reinstallation of wheel stops are not included in the proposal. Restriping to be by City.

ACCEPTANCE OF PROPOSAL
I/We agree to and hereby accept the proposed scope of work and prices. You are hereby authorized to proceed with the work.

Accepted By:

Name and Title Signature Date
Name and Title Signature Date

ATTACHMENT C

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CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. CC 18
Meeting: August 5, 2025
Title: Memorandum of Understanding (MOU) Side Letter Agreements with the Police Association of Covina (PAC) and the Police Supervisors Association of Covina (PSC) Presented by: Ric Walczak, Chief of Police
Recommendation: Approve Resolution CC 2025-98 and Resolution CC 2025-99 and authorize City Manager to sign MOU side letter agreements with PAC and PSC.

EXECUTIVE SUMMARY:

The Patrol Division of the Covina Police Department is responsible for 24/7 police responses and has utilized a variety of scheduling plans over the years. Staffing schedules are dependent on a number of factors, including personnel availability, volume of calls for service, anticipated activity, and an analysis of emergency vs. nonemergency responses. The Memorandum of Understanding between the City and the Police Association of Covina (PAC) and the Police Supervisors of Covina (PSC) describes five different alternative schedules. In a recent study on shift schedules, a sixth option was proposed.

DISCUSSION:

Officers, corporals, and sergeants are currently working 88 hours per pay period, which requires 8 hours of prescheduled overtime per officer. The proposed schedule would consist of six (6) eleven-and-one-half-hour shifts with one (1) eleven-hour payback per pay period. This schedule would bring every officer to an 80-hour pay period with no pre-scheduled overtime. It also provides a team policing model where personnel are assigned to a consistent team of officers and supervisors for consistency and accountability. The proposed schedule was developed cooperatively during working meetings with involved personnel and supervision. The PAC and PSC groups were also surveyed regarding the proposed scheduling option and overwhelmingly chose the proposed schedule of existing options. The “1130” schedule accomplishes the department objectives of providing three shifts per day, team policing, dedicated training time and budgetary savings.

Human Resources drafted side-letter agreements with both PAC and PSC to include the sixth option for the “1130” schedule into their existing MOUs.

FISCAL IMPACT:

The sixth schedule option (“1130” schedule) would actually reduce overtime cost by eliminating the current 88 hours per pay period arrangement that requires pre-scheduling 8 hours of overtime per officer. The “1130” schedule will allow officers to work 80 hours per pay period with no payback.

CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):

Not applicable.

Respectfully submitted,

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ATTACHMENT A
RESOLUTION CC 2025-98

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

CALIFORNIA, AUTHORIZING A SIDE LETTER BETWEEN THE CITY

OF COVINA AND THE POLICE ASSOCIATION OF COVINA (PAC)
WHEREAS, the City of Covina (“City”) is a municipal corporation duly organized and existing pursuant to the Constitution and laws of the State of California; and WHEREAS, PAC and the City of Covina desire to enter into a Side Letter Agreement revising Article 17.1.B (Work Schedules) and Article 17.2 (Police Officer Scheduling) of the Memorandum of Understanding (MOU) between the City of Covina and PAC.

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

SECTION 1. The City Council approves and authorizes the City Manager to execute a Side Letter Agreement between the City of Covina and PAC revising Article 17.1.B (Work Schedules) and Article 17.2 (Police Officer Scheduling) of the Memorandum of Understanding between the City of Covina and PAC, adopted by the City Council on June 18, 2024, to establish a new work schedule for sworn employees. The Side Letter Agreement is attached hereto as Exhibit A.

SECTION 2. The City Clerk shall certify to the passage and adoption of this resolution and shall enter the same in the Book of Original Resolutions.

APPROVED and PASSED this 5th day of August, 2025.

City of Covina, California
BY:

VICTOR LINARES, Mayor
ATTEST:
__________________________________
FABIAN VELEZ, Chief Deputy City Clerk

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Resolution CC 2025-98 Page 2 of 2

CERTIFICATION
I, Fabian Velez, Chief Deputy City Clerk of the City of Covina, do hereby certify that Resolution CC 2025-98 was duly adopted by the City Council of the City of Covina at a regular meeting held on the 5th day of August, 2025, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Dated:

________________________________________
FABIAN VELEZ, Chief Deputy City Clerk

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SIDE LETTER OF AGREEMENT

BETWEEN

THE CITY OF COVINA
AND

THE POLICE ASSOCIATION OF COVINA
This Side Letter of Agreement (“Agreement”) between the City of Covina (“City”) and the Police Association of Covina (“PAC”) (collectively “Parties”) is entered into with respect to the following:

WHEREAS, on June 18, 2024, the City Council approved a Memorandum of Understanding (MOU) between the City of Covina and the Police Association of Covina which took effect July 1, 2024; and
WHEREAS, Article 17.1.B (Work Schedules) of the PAC MOU establishes the work schedules available for sworn and non-sworn employees; and WHEREAS, Article 17.2 (Police Officer Scheduling) of the PAC MOU establishes the shift schedules protocol for sworn employees; and WHEREAS, the Parties met and conferred to modify the existing language to establish a new work schedule for sworn employees; and
WHEREAS, the Parties met and conferred and agree to revise the language set forth in the Parties’ Agreement; and
THEREFORE, the Parties hereby agree to the following:

Article 17.1.B of the PAC MOU shall be revised as follows:

B. WORK SCHEDULES
Work schedules are defined as an employee’s regularly assigned hours of the day and days per week and are assigned by the department and may include:

1. The 9/80 schedule (four nine-hour days per work week and one (1) alternating eight (8) hour workday/regular day off). Non-sworn employees have a FLSA work week designated as beginning four (4) hours after the start time on their alternating regular day off (eight (8) hour day).

2. The 5/40 schedule (five, eight-hour days per work week). Non-sworn employees working the 5/40 have a FLSA work week designated as beginning at 12:00 a.m. on Saturday through 11:59 p.m. Friday.

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3. The 4/10 schedule (four, ten-hour days per work week). Non-sworn employees working the 4/10 have a FLSA work week designated as beginning at 12:00 a.m. on Saturday through 11:59 p.m. Friday.

4. The 3/12 schedule (three, twelve-hour days per work week and one alternating eight-hour day every other week). Non-sworn employees working the 3/12 schedule have a FLSA work week designated as beginning four (4) hours after the start time on their alternating eight (8) hour work day. The FLSA work week is designated as beginning at 12:00 a.m. on Saturday through 11:59 p.m. Friday.

5. The 3/12.5 schedule (three, twelve-and-one-half-hour days each week and one, ten-hour day in the twenty-eight-day work period). Only sworn Police Officers may be assigned this work schedule. The FLSA work week is designated as beginning at 12:00 a.m. on Saturday through 11:59 p.m. Friday.

6. The 3/11.5 schedule (three eleven-and-one-half hour days each week and two eleven-hour days in the twenty-eight-day work period). Only sworn employees may be assigned this work schedule. The FLSA work week is designated as beginning at 12:00 a.m. on Saturday through 11:59 p.m. Friday.

17.2 POLICE OFFICER SCHEDULING
The Chief of Police or designee will manage and oversee the payback process.

Officers may not use Comp Time or Vacation Time in lieu of working their payback shift. The Chief of Police or designee will ensure that the officers’ paybacks do not interfere with the officer's master vacation time.

If the City desires to have any Police Officers work the 3/12.5 work schedule, it will inform the Association and give it an opportunity to meet and confer over the City’s proposed work schedule change decision. If after meeting and conferring with the Association, the City decides that it wants to have Police Officers work a 3/12.5 work schedule, the parties will, at that time, discuss the shift schedules applicable to the 3/12.5. If that occurs, officers working the 3-12½ shift will be required to work a 10-hour payback shift once during each 28 day pay cycle.

Shift scheduling and/or modifications are a Management Right. In the event of unforeseen circumstances Police Management reserves its right to adjust scheduling for the benefit of the department.

All other terms of the PAC MOU remain in effect for the term of the MOU.

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This side letter shall become effective the first full pay period following, and only upon, City Council approval.

FOR THE CITY OF COVINA
Chris Marcarello Date
City Manager

FOR THE POLICE ASSOCIATION OF COVINA
Oswaldo Preciado Date
President
Kyle Hulsey Date
Vice President

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ATTACHMENT B
RESOLUTION CC 2025-99

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

CALIFORNIA, AUTHORIZING A SIDE LETTER BETWEEN THE CITY

OF COVINA AND THE POLICE SUPERVISORS OF COVINA (PSC)
WHEREAS, the City of Covina (“City”) is a municipal corporation duly organized and existing pursuant to the Constitution and laws of the State of California; and WHEREAS, PSC and the City of Covina desire to enter into a Side Letter Agreement revising Article 10.1.B (Work Schedules) and Article 10.1.C (Patrol Scheduling) of the Memorandum of Understanding (MOU) between the City of Covina and PSC.

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

SECTION 1. The City Council approves and authorizes the City Manager to execute a Side Letter Agreement between the City of Covina and PSC revising Article 10.1.B (Work Schedules) and Article 10.1.C (Patrol Scheduling) of the Memorandum of Understanding between the City of Covina and PSC, adopted by the City Council on June 18, 2024, to modify the existing work schedules and establishing a new work schedule for Police Sergeants. The Side Letter Agreement is attached hereto as Exhibit A.

SECTION 2. The City Clerk shall certify to the passage and adoption of this resolution and shall enter the same in the Book of Original Resolutions.

APPROVED and PASSED this 5th day of August, 2025.

City of Covina, California
BY:

VICTOR LINARES, Mayor
ATTEST:
__________________________________
FABIAN VELEZ, Chief Deputy City Clerk

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Resolution CC 2025-99 Page 2 of 2

CERTIFICATION
I, Fabian Velez, Chief Deputy City Clerk of the City of Covina, do hereby certify that Resolution CC 2025-99 was duly adopted by the City Council of the City of Covina at a regular meeting held on the 5th day of August, 2025, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Dated:

_____________________________________________
FABIAN VELEZ, Chief Deputy City Clerk

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SIDE LETTER OF AGREEMENT

BETWEEN

THE CITY OF COVINA
AND

THE POLICE SUPERVISORS OF COVINA
This Side Letter of Agreement (“Agreement”) between the City of Covina (“City”) and the Police Supervisors of Covina (“PSC”) (collectively “Parties”) is entered into with respect to the following:

WHEREAS, on June 18, 2024, the City Council approved a Memorandum of Understanding (MOU) between the City of Covina and the Police Supervisors of Covina which took effect July 1, 2024; and
WHEREAS, Article 10.1.B (Work Schedules) of the PSC MOU establishes that establishes the work schedules for sworn employees; and WHEREAS, Article 10.1.C (Patrol Scheduling) of the PSC MOU establishes the scheduling protocol for Police Sergeants working patrol; and WHEREAS, the Parties met and conferred to modify the existing language to add a new work schedule for sworn employees; and
WHEREAS, the Parties met and conferred and agree to revise the language set forth in the Parties’ Agreement; and
THEREFORE, the Parties hereby agree to the following:

Article 10.1.B of the PSC MOU shall be revised as follows:

B. WORK SCHEDULES
Work schedules are defined as an employee’s regularly assigned hours of the day and days per week and may include:

1. The 4/10 schedule (four ten-hour days per work week). Non-sworn employees working the 4/10 have a FLSA work week designated as beginning at 12:00 a.m. on Saturday through 11:59 p.m. Friday.

2. The 3/12.5 schedule (three twelve- and one-half-hour days each week and one ten-hour day in the twenty-eight-day work period). Only sworn Police Sergeants may be assigned this schedule.

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3. The 3/11.5 schedule (three eleven-and-one-half hour days each week and two eleven-hour days in the twenty-eight-day work period). Only sworn Police Sergeants may be assigned this work schedule. The FLSA work week is designated as beginning at 12:00 a.m. on Saturday through 11:59 p.m. Friday.

C. PATROL SCHEDULING
The Chief of Police or designee will manage and oversee the payback process.

Personnel may not use Comp Time or Vacation Time in lieu of working their payback shift. The Chief of Police or designee will ensure that the employee’s paybacks do not interfere with employees’ master vacation schedule.

Employees may be assigned to work a 3/11.5, 4/10 or 3/12.5 work schedule.

Although employees receive overtime for working hours outside of their regular work hours (i.e., any hours worked in addition to their regular schedule) all of the employees in the unit are subject to the 28-day FLSA work period in accordance with Section 7(k) of the FLSA.

Employees working a 4/10 schedule work four (4) ten hour shifts on consecutive days. Employees working the 3/12.5 schedule work three (3) 12.5 hour shifts on consecutive days. Over a four-week period (28 days) they will also work one ten-hour payback shift which will be assigned by their supervisor. Employees working a 3/11.5 schedule work three (3) eleven-and-one-half shifts on consecutive days, and two eleven (11) hour days in the twenty-eight-day period.

Shift scheduling and/or modifications are a Management Right. In the event of unforeseen circumstances Police Management reserves its right to adjust scheduling for the benefit of the department. If the Chief of Police determines that employees need to work a three (3) 12.5-hour work schedule, the parties will discuss the impacts of that change prior to implementation.

All other terms of the PSC MOU remain in effect for the term of the MOU.

This side letter shall become effective the first full pay period following, and only upon, City Council approval.

FOR THE CITY OF COVINA
Chris Marcarello Date
City Manager

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FOR THE POLICE SUPERVISORS OF COVINA
Ray Marquez Date
Police Sergeant
Michael Colburn Date
Police Sergeant

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CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. CC 19
Meeting: August 5, 2025
Title: Purchase Agreement for the Replacement of a Public Works Utility Truck and the Modification of Two (2) Utility Trucks
Presented by: Rafael M. Fajardo, Director of Public Works/City Engineer Recommendation: Authorize the City Manager to execute a Purchase Agreement with Puente Hills Ford for the purchase of one (1) 2025 Ford Maverick XL Hybrid and the reconditioning of two (2) fleet vehicles with (1) 2024 Ford F-250SD XL and one (1) 2024 Ford F-350SD XL for an amount not-to-exceed $164,497.08.

EXECUTIVE SUMMARY/BACKGROUND:

The Department of Public Works’ Fleet Maintenance Division is responsible for a fleet comprised of 129 assets, including specialty vehicles, police vehicles and heavy-duty equipment. As City staff works to update its fleet modernization plan, it has been determined that a number of vehicles have reached their useful service life due to age, mileage, performance and reliability. Two (2) trucks driven by the staff of the Public Works Parks Maintenance Division are now 18 years old and have over 100,000 and 90,000 miles each. One (1) truck driven by the Public Works Streets Division is likewise 18 years old with over 90,000 miles. All three vehicles require frequent maintenance and have suboptimal performance, creating difficulties for staff as they attempt to complete their daily work including equipment hauling, transporting, and normal wear and tear.

As proposed, the City Council will consider authorizing the purchase of one (1) 2025 Ford Maverick XL Hybrid and retrofitting work (new chassis, reconditioning, lighting, etc.) on a 2007 GMC 2500HD Sierra and a 2007 Chevrolet 3500HD to better meet operational needs.

BACKGROUND/DISCUSSION:

In the past year, the Public Works Fleet Maintenance Division has experienced long lead times and pricing increases for acquiring replacement vehicles and equipment. Current lead times for new production vehicles are approximately 9 months, which results in additional repair costs and down time. For example, in September 2024, the City Council authorized the replacement of a Water Utility truck with National Auto Fleet Group (under the Sourcewell Cooperative Purchasing Agreement). To date, this truck is still listed in the manufacturing phase with no estimated delivery date provided. Like Covina, other cities have faced similar challenges with vehicle procurement under the Sourcewell Cooperative, with some agencies experiencing lead times upwards of 24 months prior to vehicle delivery.

Moreover, the vehicle currently in need of replacement, a 2007 GMC Canyon, is becoming increasingly difficult to maintain. As a 2007 model, replacement parts are challenging to source and expensive due to their scarcity.

As such, it is in the best interest of the Department to replace the vehicle. Considering the nearly one-year wait time for product delivery, City staff has sought out alternative procurement methods. In accordance with the purchasing policy, procurement by non-competitive proposals was conducted due to the urgent need for the vehicle replacement (CMC 2.20.08), especially in consideration of prolonged wait times for standard procurements via Sourcewell. As such, City staff seeks to establish a purchase agreement with Puente Hills Ford for the procurement of a 2025 Ford Maverick Ecoboost Hybrid in the amount of $34,312.96 (Attachment A). The lead time for the associated deliverables is approximately 2 to 4 months from the time the purchase order is issued – a significant improvement from other methods of procurement the City has recently experiences, which allows

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for limited interruption to operations. Further, a review of market pricing has confirmed that the extended base price of the vehicle of $26,995 is roughly $1,000 less than current pricing available from other retailers.

Additionally, it is recommended that the Council authorize retrofitting work for two (2) other utility trucks used by the Public Works Department. As proposed, a 2007 GMC 2500HD Sierra and 2007 Chevrolet 3500HD will be modified to new chassis using 2024 Ford F-350 XLs. Both trucks will undergo the transfer of existing service bodies, new paint, lighting and related improvements. Transferring the chassis of these vehicles serves to outfit the trucks with modern and required amenities, minimizes capital outlay costs and limits delays associated with acquiring new vehicles. As such, City staff recommends a purchase agreement with Puente Hills Ford for the modification of fleet vehicles #519 and #717 with two 2024 Ford F-350SD XL in the amount of $69,444.43 (Attachment B) and $60,739.69, respectively (Attachment B). The lead time for the associated deliverables is approximately 3 to 12 days from the time the purchase order is issued.

FISCAL IMPACT:

The total cost for the procurement and body modifications is $164,497.08. Funding in the amount of $175,000 was included as part the approved Fiscal Year 2025-2026 Public Works Department Operational Budget – Central Equipment, Motor Vehicles (Account No. 70106010-55550).

CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):

This project has been determined to be categorically exempt under CEQA in accordance with Section 15301 Existing Facilities (Class 1). The project involves negligible or no expansion of an existing use.

Respectfully submitted,

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CITY OF COVINA
2025 FORD MAVERICK ECOBOOST
2/25/2025 12:56 PM
Incentive programs and rebates are estimates, subject to change and verification. Tax Profile: 10.25%Tax

CASH PURCHASE
Market Value 31,310.00
Vehicle (after Savings) 31,000.00
Taxes / Fees 3,312.96
Due On Delivery 34,312.96
Discount Savings - 310.00

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

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

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

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

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

PURCHASE DETAILS
Market Value . . . . . . . . . . . . . . . . . . . . . .

Discount Savings . . . . . . . . . . . . . . . . . . .

Net Vehicle Price . . . . . . . . . . . . . . . . . .
31,310.00
- 310.00
31,000.00

85.00 33.00

8.75 3,186.21
34,312.96
Thank you, for choosing Puente Hills Ford.

FOR INTERNAL USE ONLY 01.06.78.41
Interest Rates, Pricing, Rebates and Terms are estimates, subject to change and apply only on 2/25/2025.

Puente Hills Ford -- (626) 964-3673
© Copyright 2024 Guest Concepts, Inc. – All Rights Reserved This unit will need to be ordered from the factory.

Estimated Lead Time 2-4 months
07/28/2025 9:15 AM
07/28/2025.

ATTACHMENT A

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Digitally generated image shown. Actual
vehicle may vary. See dealer for details.

Digitally generated image shown. Actual vehicle may vary. See dealer for details.
2025 Maverick® XL
Summary
Get an Internet Price
Search Inventory
2025 Maverick®
XL Edit
Maverick® | Build & Price | Shop.ford.com
https://shop.ford.com/configure/maverick/config/summary/Config%5B%7CFord%7CMaverick%7C2025%7C1%7C1.%7C...PYZ...50B.96G.XL.BMWAB… 1/8

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Paint
Color
Oxford White
2025
Maverick® XL - SuperCrew®
Change Model
S4
2025 Maverick® XL
Summary
Paint
S4
Oxford White $0
Powertrains
S4

2.0L EcoBoost® Engine $0
AWD $575
8-Speed Automatic Transmission $0
Packages
S4
XL (102A) $0
Ford Co-Pilot360® Technology $0
Digitally generated image shown. Actual vehicle may vary. See dealer for details. 2025 Maverick®
XL Edit
$31,310
Estimated
Net Price
$375
Per Month
For 48
Month
Lease
Summary
S5 S6
Get an Internet Price
2/25/25, 12:58 PM Maverick® | Build & Price | Shop.ford.com https://shop.ford.com/configure/maverick/config/summary/Config%5B%7CFord%7CMaverick%7C2025%7C1%7C1.%7C...PYZ...50B.96G.XL.BMWAB… 2/8

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Exterior
S4
17” Steel Wheels with Sparkle Silver Painted Covers $0
225/65R 17” A/S BSW $0
Bed Tie Down Locking Rails with 2 Locking Brackets $225 Bedliner – Tough Bed® Spray-in $495
Bed Extender $370
Cargo Management System Mounted Bed Cross Bars $360
Digitally generated image shown. Actual vehicle may vary. See dealer for details. 2025 Maverick®
XL Edit
$31,310
Estimated
Net Price
$375
Per Month
For 48
Month
Lease
S5 S6
Maverick® | Build & Price | Shop.ford.com
https://shop.ford.com/configure/maverick/config/summary/Config%5B%7CFord%7CMaverick%7C2025%7C1%7C1.%7C...PYZ...50B.96G.XL.BMWAB… 3/8

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Pricing Summary
Interior
S4
Black Onyx $0
Cloth Bucket Front-Seats $0
AM/FM Stereo with Six (6) Speakers $0
SYNC® 4 with Enhanced Voice Recognition $0
Get an Internet Price
Search Inventory
Base MSRP
S1 $26,995
Options
S4 + $2,025
2025 Maverick®
XL Edit
$31,310
Estimated
Net Price
$375
Per Month
For 48
Month
Lease
S5 S6
Maverick® | Build & Price | Shop.ford.com
https://shop.ford.com/configure/maverick/config/summary/Config%5B%7CFord%7CMaverick%7C2025%7C1%7C1.%7C...PYZ...50B.96G.XL.BMWAB… 4/8

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Disclosures
Note.

Information is provided on an "as is" basis and could include technical, typographical or other errors. Ford makes no warranties, representations, or guarantees of any kind, express or implied, including but not limited to, accuracy, currency, or completeness, the operation of the Site, the information, materials, content, availability, and products. Ford reserves the right Lease based on $3,062 down payment, 48 month term and 10,500 mileage, $0 trade-in-value.

Accessories
S8 + $0
Destination Charges
S17 + $1,595
Acquisition Fee
S18 + $695
Total MSRP
S16 = $31,310
Estimated Net Price
S5 = $31,310
Monthly Payment
S6 $375
Customize payment.

Special Offers
Look Up Trade-In-Value
Estimate Your Credit
Get Prequalified
Your Configuration: 2025 Maverick XL, XL (102A), SuperCrew®, AWD, 2.0L EcoBoost® Engine, 8-Speed Automatic Transmission, 121" Wheelbase
Pricing shown for Zip code 90650 as of February 25, 2025 S2
2025 Maverick®
XL Edit
$31,310
Estimated
Net Price
$375
Per Month
For 48
Month
Lease
S5 S6
Maverick® | Build & Price | Shop.ford.com
https://shop.ford.com/configure/maverick/config/summary/Config%5B%7CFord%7CMaverick%7C2025%7C1%7C1.%7C...PYZ...50B.96G.XL.BMWAB… 5/8

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CITY OF COVINA
RECONDITION T519 - 2024 FORD F-350SD XL
VIN: 1FDRF3GN8REE66490
STOCK #: 242550
Incentive programs and rebates are estimates, subject to change and verification. Tax Profile: 10.25%Tax

CASH PURCHASE
Market Value 68,785.00
Vehicle (after Savings) 62,585.00
Taxes / Fees 6,859.43
Due On Delivery 69,444.43
Discount Savings - 6,200.00

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

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

Weight Fee . . . . . . . . . . . . . . . . . . . . . . .

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

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

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

PURCHASE DETAILS
Market Value . . . . . . . . . . . . . . . . . . . . . .

Discount Savings . . . . . . . . . . . . . . . . . . .

Net Vehicle Price . . . . . . . . . . . . . . . . . .
68,785.00
- 6,200.00
62,585.00

85.00 34.00
308.00

8.75 6,423.68
69,444.43
Thank you, for choosing Puente Hills Ford.

FOR INTERNAL USE ONLY 01.06.78.41
Interest Rates, Pricing, Rebates and Terms are estimates, subject to change and apply only on 3/17/2025.

Puente Hills Ford -- (626) 964-3673
© Copyright 2024 Guest Concepts, Inc. – All Rights Reserved 07/28/2025 9:15 AM
07/28/2025.

ATTACHMENT B

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Specs
Transfer existing service body from old chassis truck # 519 onto new Ford Chassis.

Recondition and repaint body
Remove ladder rack and install new cab guard with mesh
grill clear visibility
Transfer two cone holders at front bumper
Install 4 new apitong hardwood gates 2 boards high treat finish linseed oil.

Upgrade all running lights on body to LED
Repair left side top cabinet
Install rear view camera
Tow package
Install light bar
Chassis
1 unit - Ford F350 DRW 84” CA GAS
Lead Time:
3 - 12 days at the time a purchase order is issued.

Delivery to location

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CITY OF COVINA
RECONDITION T717 - 2024 FORD F-250SD XL
VIN: 1FTBF2BA1RED76750
STOCK #: 242260 -- MILES: 117
SALESPERSON: ANTHONY RODRIGUEZ
Incentive programs and rebates are estimates, subject to change and verification. Tax Profile: 10.25%Tax

CASH PURCHASE
Vehicle Price 57,690.00
Rebate Savings - 3,000.00
Vehicle (after Savings) 54,690.00
Taxes / Fees 6,049.69
Due On Delivery 60,739.69

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

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

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

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

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

PURCHASE DETAILS
Market Value . . . . . . . . . . . . . . . . . . . . . .

Discount Savings and Rebate . . . . . . . . .

Net Vehicle Price . . . . . . . . . . . . . . . . . .
57,690.00
- 3,000.00
54,690.00

85.00 34.00

8.75 5,921.94
60,739.69
Thank you, for choosing Puente Hills Ford.

FOR INTERNAL USE ONLY 01.06.78.41
Interest Rates, Pricing, Rebates and Terms are estimates, subject to change and apply only on 3/17/2025.

Puente Hills Ford -- (626) 964-3673
© Copyright 2024 Guest Concepts, Inc. – All Rights Reserved 07/28/2025 9:15 AM
07/28/2025.

ATTACHMENT C

Page 215 of 382 ends

Specs
Transfer existing service body & liftgate from old chassis truck # 717 onto new Chassis.

Recondition and repaint body
Transfer two cone holders at front bumper
Upgrade all running lights on body to LED
Install rear view camera
Install light bar
Chassis
1 unit - Ford F250 SRW 56-60” CA GAS
Lead Time:
3 - 12 days at the time a purchase order is issued.

Delivery to location

Page 216 of 382 ends

CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. CC 20
Meeting: August 5, 2025
Title: Lease Agreement with Axon Enterprises Inc for a Mobile Audio/Video (In-Car) System and Body Worn Cameras
Presented by: Ric Walczak, Chief of Police
Recommendation: 1. Adopt Resolution CC 2025-101 approving a ten-year lease agreement with Axon Enterprises Inc. for a mobile audio/video (in-car) system and body worn cameras using the competitively bid Sourcewell Cooperative Purchasing Agreement (Solicitation #101223-AXN);

2. Amend the Police Department’s FY 2025-26 budget by $133,000;

3. Authorize staff to repurpose and/or resell any current equipment including Cradlepoint units that remain in good condition as part of the implementation of the new Axon system.

EXECUTIVE SUMMARY:

Since 2007, the Police Department has deployed a variety of video/audio recording technology in the provision of public safety patrol services. This technology initiated with Mobile Audio Video (MAV) recording systems and during the 2010s, it was expanded for use on roughly twenty police patrol units and two motorcycle units. In 2020, the Department transitioned to its current MAV and body warn camera system provided by LensLock. This type of integrated system is used by most police agencies in the region.

Over the five years that the LensLock system has been deployed, Department staff have encountered regular challenges with durability, limited technical capabilities and data transfer limitations. Examples of these challenges include broken body warn cameras, recording device glitches that have occurred when responding to critical incidents and limited capabilities with transferring recordings to the City’s network. Based on these challenges, Department staff have evaluated alternative MAV providers in anticipation of the expiration of the current agreement with LensLock on November 30, 2025. After careful consideration, it is recommended that the Department transition to a new MAV technology provider – Axon Enterprises – utilizing a competitively bid procurement under the Sourcewell purchasing cooperative.

DISCUSSION:

Axon Enterprises is the global leader in body-worn cameras. In speaking to local police agencies, Axon is the most recognized and trusted video/audio platform used for policing. As proposed, the City Council will consider authorizing a ten-year agreement with Axon with a comprehensive bundle that includes Mobile Audio Video for patrol vehicles, body-worn cameras and tasers for each police officer. The not-to-exceed price offered by Axon is $2,372,314.31, which includes the above listed equipment, the installation of the infrastructure hardware and software as well as warranties and technical support. By entering into a ten-year agreement, the City will realize an average savings/discount of $145,614.45 per year compared with utilizing a five-year term. As proposed, Year one of the agreement would initiate in September 2025 and run through 2034 at an annual cost of $237,231.44 per year. This pricing option is available to the City utilizing a competitive solicitation provided under the Sourcewell purchasing cooperative (Contract solicitation #101223-AXN) which allows government agencies like Covina to participate in the cooperative purchase agreement between Axon and Sourcewell, a State of Minnesota government unit.

Page 217 of 382 ends

The City will be committed to investing a total of $2,372,314.31 for the next ten years. Resolution CC 2025-101 will increase the Police Department’s budget for FY 2025-26 in the amount of $133,000. This amount along with $105,000 already budgeted for body-worn cameras in FY 25-26 will be utilized for the first-year installation payment. Subsequent fiscal year budgets through FY 2034-35 will include $237,231.43 each year.

FISCAL IMPACT:

The City will be committed to investing a total of $2,372,314.31 for the next ten years. Resolution CC 2025-101 will increase the Police Department’s budget for FY 2025-26 (1010 1130 55556) in the amount of $133,000. This amount along with $105,000 already budgeted for body-worn cameras in FY 25-26 will be utilized for the firstyear installation payment. Subsequent fiscal year budgets through FY 2034-35 will include $237,231.43 each year.

CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):

None.

Respectfully submitted,

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ATTACHMENT A

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Master Services and Purchasing Agreement for Customer
Version: 22
Release Date: March 2025 Page 1 of 33

ATTACHMENT B
This Master Services and Purchasing Agreement ("Agreement") is between Axon Enterprise, Inc. ("Axon"), and the Customer listed below or, if no Customer is listed below, the customer on the Quote (as defined below) ("Customer").

This Agreement is effective as of the later of the (a) last signature date on this Agreement or (b) date of acceptance of the Quote ("Effective Date"). Axon and Customer are each a "Party" and collectively "Parties". This Agreement governs Customer’s purchase and use of the Axon Devices and Services detailed in the Quote. It is the intent of the Parties that this Agreement will govern all subsequent purchases by Customer for the same Axon Devices and Services in the Quote, and all such subsequent quotes accepted by Customer shall be also incorporated into this Agreement by reference as a Quote. The Parties agree as follows:

1. Definitions.

1.1. "Axon Cloud Services" means Axon’s web services, including, but not limited to, Axon Evidence, Axon Records, Axon Dispatch, FUSUS services, and interactions between Axon Evidence and Axon Devices or Axon client software. Axon Cloud Service excludes third-party applications, hardware warranties, and my.evidence.com.

1.2. "Axon Device" means all hardware provided by Axon under this Agreement. Axon-manufactured Devices are a subset of Axon Devices.

1.3. "Quote" means an offer to sell and is only valid for devices and services on the offer at the specified prices.

Any inconsistent or supplemental terms within Customer’s purchase order in response to a Quote will be void.

Orders are subject to prior credit approval. Changes in the deployment estimated ship date may change charges in the Quote. Shipping dates are estimates only. Axon is not responsible for typographical errors in any Quote by Axon, and Axon reserves the right to cancel any orders resulting from such errors.

1.4. "Services" means all services provided by Axon under this Agreement, including software, Axon Cloud Services, and professional services.

2. Term. This Agreement begins on the Effective Date and continues until all subscriptions hereunder have expired or have been terminated ("Term").

2.1. All subscriptions including Axon Evidence, Axon Fleet, Officer Safety Plans, Technology Assurance Plans, and TASER 7 or TASER 10 plans begin on the date stated in the Quote. Each subscription term ends upon completion of the subscription stated in the Quote ("Subscription Term").

2.2. Upon completion of the Subscription Term, the Subscription Term will automatically renew for an additional 5-year term ("Renewal Term"). For purchase of TASER 7 or TASER 10 as a standalone, Axon may increase pricing to its then-current list pricing for any Renewal Term. For all other purchases, Axon may increase pricing on all line items in the Quote by up to 3% at the beginning of each year of the Renewal Term. New devices and services may require additional terms. Axon will not authorize services until Axon receives a signed Quote or accepts a purchase order, whichever is first.

3. Payment. Axon invoices for Axon Devices upon shipment, or on the date specified within the invoicing plan in the Quote. Payment is due net 30 days from the invoice date. Axon invoices for Axon Cloud Services on an upfront annual basis prior to the beginning of the Subscription Term and upon the anniversary of the Subscription Term.

Payment obligations are non-cancelable. Unless otherwise prohibited by law, Customer will pay interest on all pastdue sums at the lower of one-and-a-half percent (1.5%) per month or the highest rate allowed by law. Customer will pay invoices without setoff, deduction, or withholding. If Axon sends a past due account to collections, Customer is responsible for collection and attorneys’ fees.

4. Taxes. Customer is responsible for sales and other taxes associated with the order unless Customer provides Axon a valid tax exemption certificate.

5. Shipping. Axon may make partial shipments and ship Axon Devices from multiple locations. All shipments are EXW (Incoterms 2020) via common carrier. Title and risk of loss pass to Customer upon Axon’s delivery to the common carrier. Customer is responsible for any shipping charges in the Quote.

6. Returns. All sales are final. Axon does not allow refunds or exchanges, except warranty returns or as provided by state or federal law.

7. Warranty.

7.1. Limited Warranty. Axon warrants that Axon-manufactured Devices, except for TASER devices covered under the TASER Appendix, are free from defects in workmanship and materials for one (1) year from the date of Customer’s receipt, except Signal Sidearm which Axon warrants for thirty (30) months from Customer’s receipt and Axon-manufactured accessories, which Axon warrants for ninety (90) days from Customer’s receipt, respectively, from the date of Customer’s receipt. Extended warranties run from the expiration of the one- (1-)

Page 241 of 382 ends

Master Services and Purchasing Agreement
Version: 22
Release Date: March 2025 Page 2 of 33
year hardware warranty through the extended warranty term purchased.

7.2. Disclaimer. All software and Axon Cloud Services are provided "AS IS," without any warranty of any kind, either express or implied, including without limitation the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Axon Devices and Services that are not manufactured, published or performed by Axon ("Third-Party Products") are not covered by Axon’s warranty and are only subject to the warranties of the third-party provider or manufacturer. If Customer purchases Axon Loki, Customer acknowledges the Loki device is designed for operation in enclosed, controlled environments and must be used in compliance with all applicable laws and safety guidelines. Operation in open or unapproved areas may result in signal interference, loss of control, or damage, and Axon assumes no liability for improper use, including any resulting harm or regulatory violations.

7.3. Claims. If Axon receives a valid warranty claim for an Axon-manufactured Device during the warranty term, Axon’s sole responsibility is to repair or replace the Axon-manufactured Device with the same or like Axonmanufactured Device, at Axon’s option. A replacement Axon-manufactured Device will be new or like new.

Axon will warrant the replacement Axon-manufactured Device for the longer of (a) the remaining warranty of the original Axon-manufactured Device or (b) ninety (90) days from the date of repair or replacement.

7.3.1. If Customer exchanges an Axon Device or part, the replacement item becomes Customer’s property, and the replaced item becomes Axon’s property. Before delivering an Axon-manufactured Device for service, Customer must upload Axon-manufactured Device data to Axon Evidence or download it and retain a copy. Axon is not responsible for any loss of software, data, or other information contained in storage media or any part of the Axon-manufactured Device sent to Axon for service.

7.4. Spare Axon Devices. At Axon's reasonable discretion, Axon may provide Customer a predetermined number of spare Axon Devices as detailed in the Quote ("Spare Axon Devices"). Spare Axon Devices are intended to replace broken or non-functioning units while Customer submits the broken or non-functioning units, through Axon’s warranty return process. Axon will repair or replace the unit with a replacement Axon Device. Title and risk of loss for all Spare Axon Devices shall pass to Customer in accordance with shipping terms of this Agreement. Axon assumes no liability or obligation in the event Customer does not utilize Spare Axon Devices for the intended purpose.

7.5. Limitations. Axon’s warranty excludes damage related to: (a) failure to follow Axon Device use instructions; (b) Axon Devices used with equipment not manufactured or recommended by Axon; (c) abuse, misuse, or intentional damage to Axon Device; (d) force majeure; (e) Axon Devices repaired or modified by persons other than Axon without Axon’s written permission; or (f) Axon Devices with a defaced or removed serial number.

Axon’s warranty will be void if Customer resells Axon Devices.

7.5.1. To the extent permitted by law, the above warranties and remedies are exclusive. Axon disclaims all other warranties, remedies, and conditions, whether oral, written, statutory, or implied. If statutory or implied warranties cannot be lawfully disclaimed, then such warranties are limited to the duration of the warranty described above and by the provisions in this Agreement. Customer confirms and agrees that, in deciding whether to sign this Agreement, Customer has not relied on any statement or representation by Axon or anyone acting on behalf of Axon related to the subject matter of this Agreement that is not in this Agreement.

7.5.2. Axon’s cumulative liability to any party for any loss or damage resulting from any claim, demand, or action arising out of or relating to this Agreement will not exceed the purchase price paid to Axon for the Axon Device, or if for Services, the amount paid for such Services over the twelve (12) months preceding the claim. Neither Party will be liable for special, indirect, incidental, punitive or consequential damages, however caused, whether for breach of warranty or contract, negligence, strict liability, tort or any other legal theory.

7.6. Online Support Platforms. Use of Axon's online support platforms (e.g., Axon Academy and MyAxon) is governed by the Axon Online Support Platforms Terms of Use Appendix available at www.axon.com/salesterms-and-conditions.

7.7. Third-Party Software and Services. Use of software or services other than those provided by Axon is governed by the terms, if any, entered into between Customer and the respective third-party provider, including, without limitation, the terms applicable to such software or services located at www.axon.com/sales-termsand-conditions, if any.

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Master Services and Purchasing Agreement
Version: 22
Release Date: March 2025 Page 3 of 33

7.8. Axon Aid. Upon mutual agreement between Axon and Customer, Axon may provide certain products and services to Customer, as a charitable donation under the Axon Aid program. In such event, Customer expressly waives and releases any and all claims, now known or hereafter known, against Axon and its officers, directors, employees, agents, contractors, affiliates, successors, and assigns (collectively, "Releasees"), including but not limited to, on account of injury, death, property damage, or loss of data, arising out of or attributable to the Axon Aid program whether arising out of the negligence of any Releasees or otherwise. Customer agrees not to make or bring any such claim against any Releasee, and forever release and discharge all Releasees from liability under such claims. Customer expressly allows Axon to publicly announce its participation in Axon Aid and use its name in marketing materials. Axon may terminate the Axon Aid program without cause immediately upon notice to the Customer.

8. Free Trial

8.1. Trial Period and License. At any time during the Term, Customer and Axon may elect to enter a free trial of Axon Devices and Services new to the Customer for a designated period (“Trial Period”) as described in a quote issued (“Trial Quote”). During the Trial Period, Axon grants Customer a nonexclusive, terminable, nontransferable, license to use new Axon Devices and Services provided for trial to the Customer (“Trial Products”).

Trial Products may include Axon beta software or firmware which additional terms may be required and included within the Trial Quote. Axon may limit the number of Trial Products Customer receives within the Trial Quote.

Axon may supply refurbished Trial Products. ALL FREE TRIAL PRODUCTS INCLUDING, WITHOUT LIMITATION, AXON CLOUD SERVICES, ARE PROVIDED “AS IS” AND TO THE EXTENT NOT PROHIBITED BY LAW, AXON DISCLAIMS ALL LIABILITY REGARDLESS OF THE CLAIM.

8.2. Trial Quote Termination. Upon at least 10 business days’ prior written notice to Axon at any time prior to the end of the Trial Period, Customer may as its sole option, terminate the free Trial Period and underlying Trial Quote associated with the Trial Products for convenience. Customer’s rights to the Trial Products will immediately terminate at the end of the Trial Period, and Customer will return any Trial Products hardware to Axon within 10 days after the effective date of such termination or at the end of the Trial Period, excluding used CEW cartridges. If any individual component of the Trial Products is not returned, Axon will invoice Customer the MSRP of the unreturned items. Customer agrees to pay the invoice along with any applicable taxes and shipping. Customer will return the Trial Products to Axon in good working condition, minus normal wear and tear. Axon may charge Customer if there is damage beyond normal wear and tear. Any Customer Content shall be stored and returned pursuant to the Axon Cloud Services Terms of Use Appendix

9. Statement of Work. Certain Axon Devices and Services, including, but not limited to, Axon Interview Room, Axon Channel Services, Axon Justice Implementation, FUSUS, and Axon Fleet, may require a Statement of Work that details Axon’s Service deliverables ("SOW"). In the event Axon provides an SOW to Customer, Axon is only responsible for the performance of Services described in the SOW. Additional services outside of the SOW, Quote, or this Agreement are out of scope. The Parties must document scope changes in a written and signed change order.

Changes may require an equitable adjustment in fees or schedule. Any applicable SOW is incorporated into this Agreement by reference.

10. Axon Device Warnings. See www.axon.com/legal for the most current Axon Device warnings.

11. Design Changes. Axon may make design changes to any Axon Device or Service without notifying Customer or making the same change to Axon Devices and Services previously purchased by Customer.

12. Combined Offerings. Some offerings in a Quote combine existing and pre-released Axon Devices or Services.

Some offerings may not be available at the time of Customer’s purchase. Axon will not provide a refund, credit, or additional discount beyond what is in the Quote due to delay of availability or Customer’s choice not to utilize any portion of a combined offering.

13. Insurance. Axon will maintain General Liability, Workers’ Compensation, and Automobile Liability insurance. Upon request, Axon will supply certificates of insurance.

14. IP Rights. Axon owns and reserves all right, title, and interest in Axon-manufactured Devices and Services and suggestions to Axon, including all related intellectual property rights. Customer will not cause any Axon proprietary rights to be violated.

15. IP Indemnification. Axon will indemnify Customer against all claims, losses, and reasonable expenses from any third-party claim alleging that the use of Axon-manufactured Devices, Axon Cloud Services or Axon software (“Axon Products”) infringes or misappropriates the third-party’s intellectual property rights. Customer must promptly provide Axon with written notice of such claim, tender to Axon the defense or settlement of such claim at Axon’s expense and cooperate fully with Axon in the defense or settlement of such claim. Axon’s IP indemnification obligations do not apply to claims based on (a) modification of Axon Products by Customer or a third-party not approved by Axon; (b) use of Axon Products in combination with hardware or services not approved by Axon; (c) use of Axon Products other

Page 243 of 382 ends

Master Services and Purchasing Agreement
Version: 22
Release Date: March 2025 Page 4 of 33
than as permitted in this Agreement; or (d) use of Axon Products that is not the most current software release provided by Axon.

16. Customer Responsibilities. Customer is responsible for (a) Customer’s use of Axon Devices; (b) Customer or a Customer-authorized user’s breach of this Agreement or violation of applicable law; (c) disputes between Customer and a third-party over Customer’s use of Axon Devices; (d) secure and sustainable destruction and disposal of Axon Devices at Customer’s cost; and (e) any regulatory violations or fines, as a result of improper destruction or disposal of Axon Devices.

17. Termination.

17.1. For Breach. A Party may terminate this Agreement for cause if it provides thirty (30) days written notice of the breach to the other Party, and the breach remains uncured thirty (30) days after written notice. If Customer terminates this Agreement due to Axon’s uncured breach, Axon will refund prepaid amounts on a prorated basis based on the effective date of termination.

17.2. By Customer. If sufficient funds are not appropriated or otherwise legally available to pay the fees, Customer may terminate this Agreement. Customer will deliver notice of termination under this section as soon as reasonably practicable.

17.3. Effect of Termination. Upon termination of this Agreement, Customer rights immediately terminate. Customer remains responsible for all fees incurred before the effective date of termination. If Customer purchases Axon Devices for less than the manufacturer’s suggested retail price ("MSRP") and this Agreement terminates before the end of the Term, Axon will invoice Customer the difference between the MSRP for Axon Devices procured, including any Spare Axon Devices, and amounts paid towards those Axon Devices.Only if terminating for nonappropriation, Customer may return Axon Devices to Axon within thirty (30) days of termination. MSRP is the standalone price of the individual Axon Device at the time of sale. For multiple Axon Devices that may be combined as a single offering on a Quote, MSRP is the standalone price of all individual components.

18. Confidentiality. "Confidential Information" means nonpublic information designated as confidential or, given the nature of the information or circumstances surrounding disclosure, should reasonably be understood to be confidential. Each Party will take reasonable measures to avoid disclosure, dissemination, or unauthorized use of the other Party’s Confidential Information. Unless required by law, neither Party will disclose the other Party’s Confidential Information during the Term and for five (5) years thereafter. To the extent permissible by law, Axon pricing is Confidential Information and competition sensitive. If Customer receives a public records request to disclose Axon Confidential Information, to the extent allowed by law, Customer will provide notice to Axon before disclosure. Axon may publicly announce information related to this Agreement.

19. General.

19.1. Force Majeure. Neither Party will be liable for any delay or failure to perform due to a cause beyond a Party’s reasonable control.

19.2. Independent Contractors. The Parties are independent contractors. Neither Party has the authority to bind the other. This Agreement does not create a partnership, franchise, joint venture, Customer, fiduciary, or employment relationship between the Parties.

19.3. Third-Party Beneficiaries. There are no third-party beneficiaries under this Agreement.

19.4. Non-Discrimination. Neither Party nor its employees will discriminate against any person based on race; religion; creed; color; sex; gender identity and expression; pregnancy; childbirth; breastfeeding; medical conditions related to pregnancy, childbirth, or breastfeeding; sexual orientation; marital status; age; national origin; ancestry; genetic information; disability; veteran status; or any class protected by local, state, or federal law.

19.5. Compliance with Laws. Each Party will comply with all applicable federal, state, and local laws, including without limitation, import and export control laws and regulations as well as firearm regulations and the Gun Control Act of 1968. Customer acknowledges that Axon Devices and Services are subject to U.S. and international export control laws, including the U.S. Export Administration Regulations (EAR) and International Traffic in Arms Regulations (ITAR). Customer represents and warrants that neither it nor any End User is a "Restricted Person," meaning any individual or entity that (1) is subject to U.S. sanctions or trade restrictions, (2) appears on any U.S. government restricted party list, (3) engages in prohibited weapons proliferation activities, or (4) is owned or controlled by, or acting on behalf of, such persons or entities. Customer must promptly notify Axon of any change in status, and Axon may terminate this Agreement if Customer or any End User becomes a Restricted Person or violates export laws.

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19.6. Assignment. Neither Party may assign this Agreement without the other Party’s prior written consent. Axon may assign this Agreement, its rights, or obligations without consent: (a) to an affiliate or subsidiary; or (b) for purposes of financing, merger, acquisition, corporate reorganization, or sale of all or substantially all its assets.

This Agreement is binding upon the Parties respective successors and assigns.

19.7. Waiver. No waiver or delay by either Party in exercising any right under this Agreement constitutes a waiver of that right.

19.8. Severability. If a court of competent jurisdiction holds any portion of this Agreement invalid or unenforceable, the remaining portions of this Agreement will remain in effect.

19.9. Survival. The following sections will survive termination: Payment, Warranty, Axon Device Warnings, Indemnification, IP Rights, Customer Responsibilities and any other Sections detailed in the survival sections of the Appendices.

19.10.Governing Law. The laws of the country, state, province, or municipality where Customer is physically located, without reference to conflict of law rules, govern this Agreement and any dispute arising from it. The United Nations Convention for the International Sale of Goods does not apply to this Agreement.

19.11.Notices. All notices must be in English. Notices posted on Customer’s Axon Evidence site are effective upon posting. Notices by email are effective on the sent date of the email. Notices by personal delivery are effective immediately. Notices to Customer shall be provided to the address on file with Axon. Notices to Axon shall be provided to Axon Enterprise, Inc. Attn: Legal, 17800 North 85th Street, Scottsdale, Arizona 85255 with a copy to [email protected].

18.12 Entire Agreement. This Agreement, the Appendices, including any applicable Appendices not attached herein for the products and services purchased, which are incorporated by reference and located in the Master Purchasing and Services Agreement located at https://www.axon.com/sales-terms-and-conditions,Quote and any SOW(s), represents the entire agreement between the Parties. This Agreement supersedes all prior agreements or understandings, whether written or verbal, regarding the subject matter of this Agreement. This Agreement may only be modified or amended in a writing signed by the Parties.

Each Party, by and through its respective representative authorized to execute this Agreement, has duly executed and delivered this Agreement as of the date of signature.

AXON: CUSTOMER:

Axon Enterprise, Inc.

Signature: Signature:

Name: Name:

Title: Title:

Date: Date:

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Axon Cloud Services Terms of Use Appendix

1. Definitions.

1.1. “Data Controller” means the natural or legal person, public authority, or any other body which alone or jointly with others determines the purposes and means of the processing of Personal Data.

1.2. “Data Processor” means a natural or legal person, public authority or any other body which processes Personal Data on behalf of the Data Controller.

1.3. "Customer Content" is data uploaded into, ingested by, or created in Axon Cloud Services within Customer’s tenant, including media or multimedia uploaded into Axon Cloud Services by Customer. Customer Content includes Evidence but excludes Non-Content Data.

1.4. "Evidence" is media or multimedia uploaded into Axon Evidence as 'evidence' by Customer. Evidence is a subset of Customer Content.

1.5. “End User” means the natural person subject to Customer’s authorized license grant who ultimately uses the Cloud Services as provided under this Agreement. End Users must adhere to the terms of use and are subject to any usage restrictions or limitations specified in this Agreement.

1.6. "Non-Content Data" is data, configuration, and usage information about Customer’s Axon Cloud Services tenant, Axon Devices and client software, and users that is transmitted or generated when using Axon Devices.

Non-Content Data includes data about users captured during account management and customer support activities. Non-Content Data does not include Customer Content.

1.7. "Personal Data" means any information relating to an identified or identifiable natural person. An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

1.8. "Provided Data" means de-identified, de-personalized, data derived from Customer's TASER energy weapon deployment reports, related TASER energy weapon logs, body-worn camera footage, and incident reports.

1.9. “Subprocessor” means any third party engaged by the Data Processor to assist in data processing activities that the Data Processor is carrying out on behalf of the Data Controller.

1.10."Transformed Data" means the Provided Data used for the purpose of quantitative evaluation of the performance and effectiveness of TASER energy weapons in the field across a variety of circumstances.

2. Access. Upon Axon granting Customer a subscription to Axon Cloud Services, Customer may access and use Axon Cloud Services to store and manage Customer Content. Customer may not exceed more End Users than the Quote specifies. Axon Air requires an Axon Evidence subscription for each drone operator. For Axon Evidence access granted solely for TASER, Customer may access and use Axon Evidence only to store and manage TASER CEW and TASER CAM data ("TASER Data") and Customer may not upload non-TASER Data to Axon Evidence

3. Customer Owns Customer Content. Customer controls and owns all rights, title, and interest in Customer Content.

Except as outlined herein, Axon obtains no interest in Customer Content, and Customer Content is not Axon’s business records. Customer is solely responsible for uploading, sharing, managing, and deleting Customer Content.

Axon will only have access to Customer Content for the limited purposes set forth herein. Customer agrees to allow Axon access to Customer Content to (a) perform troubleshooting, maintenance, or diagnostic screenings; and (b) enforce this Agreement or policies governing use of the Axon products.

4. Security. Axon will implement commercially reasonable and appropriate measures to secure Customer Content against accidental or unlawful loss, access or disclosure. Axon will maintain a comprehensive information security program to protect Axon Cloud Services and Customer Content including logical, physical access, vulnerability, risk, and configuration management; incident monitoring and response; encryption of uploaded digital evidence; security education; and data protection. Axon agrees to the Federal Bureau of Investigation Criminal Justice Information Services Security Addendum for its digital evidence or records management systems.

5. Customer Responsibilities. Customer is responsible for (a) ensuring Customer owns Customer Content or has the necessary rights to use Customer Content (b) ensuring no Customer Content or Customer End User’s use of Customer Content or Axon Cloud Services violates this Agreement or applicable laws; (c) maintaining necessary

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computer equipment and Internet connections for use of Axon Cloud Services and (d) verify the accuracy of any auto generated or AI-generated reports. If Customer becomes aware of any violation of this Agreement by an End User, Customer will immediately terminate that End User’s access to Axon Cloud Services.

5.1 Customer will also maintain the security of End User usernames and passwords and security and access by end users to Customer Content. Customer is responsible for ensuring the configuration and utilization of Axon Cloud Services meet applicable Customer regulation and standards. Customer may not sell, transfer, or sublicense access to any other entity or person. If Customer provides access to unauthorized third-parties, Axon may assess additional fees along with suspending Customer’s access. Customer shall contact Axon immediately if an unauthorized party may be using Customer’s account or Customer Content, or if account information is lost or stolen.

5.2 To the extent Customer uses the Axon Cloud Services to interact with YouTube®, such use may be governed by the YouTube Terms of Service, available at https://www.youtube.com/static?template=terms.

6. Privacy. Customer’s use of Axon Cloud Services is subject to the Axon Cloud Services Privacy Policy, a current version of which is available at https://www.axon.com/legal/cloud-services-privacy-policy. Customer agrees to allow Axon access to Non-Content Data from Customer to (a) perform troubleshooting, maintenance, or diagnostic screenings; (b) provide, develop, improve, and support current and future Axon products and related services; and (c) enforce this Agreement or policies governing the use of Axon products.

7. Axon Body Wi-Fi Positioning. Axon Body cameras may offer a feature to enhance location services where GPS/GNSS signals may not be available, for instance, within buildings or underground. Customer administrators can manage their choice to use this service within the administrative features of Axon Cloud Services. If Customer chooses to use this service, Axon must also enable the usage of the feature for Customer’s Axon Cloud Services tenant. Customer will not see this option with Axon Cloud Services unless Axon has enabled Wi-Fi Positioning for Customer’s Axon Cloud Services tenant.

8. Storage. For Axon Unlimited Device Storage subscriptions, Customer may store unlimited data in Customer's Axon Evidence account only if the Axon Device data is shared to Customer through Axon Evidence from a partner agency using Axon Evidence, or the data originates from Axon Capture or an Axon Device. Axon may charge Customer additional fees for exceeding purchased storage amounts. Axon may place Customer Content that Customer has not viewed or accessed for six (6) months into archival storage. Customer Content in archival storage will not have immediate availability and may take up to twenty-four (24) hours to access.

9. Third-Party Unlimited Storage. For Third-Party Unlimited Storage the following restrictions apply: (i) it may only be used in conjunction with a valid Axon Evidence user license; (ii) is limited to data of the law enforcement Customer that purchased the Third-Party Unlimited Storage and the Axon Evidence End User; (iii) Customer is prohibited from storing data for other customers or law enforcement agencies; and (iv) Customer may only upload and store data that is directly related to (1) the investigation of, or the prosecution or defense of a crime, (2) common law enforcement activities, or (3) any Customer Content created by Axon Devices or Axon Evidence.

10. Location of Storage. Axon may transfer Customer Content to third-party subcontractors for storage. Axon will determine the locations of data centers for storage of Customer Content. If Customer is located in the United States, Canada, or Australia, Axon will ensure all Customer Content stored in Axon Cloud Services remains in the country where Customer is located. Ownership of Customer Content remains with Customer.

11. Suspension. Axon may temporarily suspend Customer’s or any End User’s right to access or use any portion or all of Axon Cloud Services immediately upon notice, if Customer or End User’s use of or registration for Axon Cloud Services may (a) pose a security risk to Axon Cloud Services or any third-party; (b) adversely impact Axon Cloud Services, the systems, or content of any other customer; (c) subject Axon, Axon’s affiliates, or any third-party to liability; or (d) be fraudulent. Customer remains responsible for all fees incurred through suspension. Axon will not delete Customer Content because of suspension, except as specified in this Agreement.

12. Axon Cloud Services Warranty. Axon disclaims any warranties or responsibility for data corruption or errors before Customer uploads data to Axon Cloud Services.

13. Roles of the Parties. To the extent that Customer is the Data Controller of Personal Data, Axon is its Data Processor.

To the extent that Customer is a Data Processor of Personal Data, Axon is its Subprocessor. Notwithstanding the foregoing, to the extent any usage data (including query logs and metadata) and/or operations data (including billing and support data) in connection with Customer’s use of the Services (collectively “Usage and Operations Data”) is considered Personal Data, Axon is an independent Data Controller and shall Process such data in accordance with

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the Agreement and applicable data protection laws to develop, improve, support, and operate its products and services. For the avoidance of doubt, Axon will not disclose any Usage and Operations Data that includes confidential information with a third party except (a) in accordance with the relevant confidentiality provisions in the Agreement, or (b) to the extent the Usage and Operations Data is, in accordance with applicable data protection laws, anonymized, de-identified, and/or aggregated such that it can no longer directly or indirectly identify Customer or any particular individual.

14. TASER Data Science Program. Axon will provide a quantitative evaluation on the performance and effectiveness of TASER energy weapons in the field across a variety of circumstances.

14.1.If Customer purchases the TASER Data Science Program, Customer grants Axon, its affiliates, and assignees an irrevocable, perpetual, fully paid, royalty-free, and worldwide right and license to use Provided Data solely for the purposes of this Agreement and to create Transformed Data. Customer shall own all rights and title to Provided Data. Axon shall own all rights and title to Transformed Data and any derivatives of Transformed Data.

14.2.Axon grants to Customer an irrevocable, perpetual, fully paid, royalty-free, license to use to TASER Data Science report provided to Customer for its own internal purposes. The Data Science report is provided “as is” and without any warranty of any kind.

14.3.In the event Customer seeks Axon’s deletion of Provided Data, it may submit a request to [email protected].

Where reasonably capable of doing so, Axon will implement the request but at a minimum will not continue to collect Provided Data from Customer.

15. Axon Records. Axon Records is the software-as-a-service product that is generally available at the time Customer purchases an OSP 7 or OSP 10 plan. During Customer’s Axon Records Subscription Term, if any, Customer will be entitled to receive Axon’s Update and Upgrade releases on an if-and-when available basis.

15.1.Axon Record subscription begins on the later of the (1) start date of the Quote, or (2) the date Axon provisions Axon Records to Customer. The Axon Records Subscription Term will end upon the completion of the Axon Records Subscription as documented in the Quote, or if purchased as part of an OSP 7 or OSP 10 plan, upon completion of the OSP 7 or OSP 10 Term ("Axon Records Subscription Term").

15.2.An "Update" is a generally available release of Axon Records that Axon makes available from time to time. An "Upgrade" includes (i) new versions of Axon Records that enhance features and functionality, as solely determined by Axon; and/or (ii) new versions of Axon Records that provide additional features or perform additional functions. Upgrades exclude new products that Axon introduces and markets as distinct products or applications.

15.3.New or additional Axon products and applications, as well as any Axon professional services needed to configure Axon Records, are not included as part of the Axon Records Subscription.

15.4.End Users of Axon Records may upload files to entities (incidents, reports, cases, etc) in Axon Records with no limit to the number of files and amount of storage. Notwithstanding the foregoing, Axon may limit usage should the Customer exceed an average rate of one-hundred (100) GB per user per year of uploaded files. Axon will not bill for overages.

16. Axon Cloud Services Restrictions. Customer and Customer End Users (including employees, contractors, agents, officers, volunteers, and directors), may not, or may not attempt to:

16.1.copy, modify, tamper with, repair, or create derivative works of any part of Axon Cloud Services;

16.2.reverse engineer, disassemble, or decompile Axon Cloud Services or apply any process to derive any source code included in Axon Cloud Services, or allow others to do the same;

16.3.access or use Axon Cloud Services with the intent to gain unauthorized access, avoid incurring fees or exceeding usage limits or quotas;

16.4.access or use Axon Cloud Services with the intent to gain unauthorized access, avoid incurring fees or exceeding usage limits or quotas;

16.5.use trade secret information contained in Axon Cloud Services, except as expressly permitted in this Agreement;

16.6.access Axon Cloud Services to build a competitive device or service or copy any features, functions, or graphics of Axon Cloud Services;

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16.7.remove, alter, or obscure any confidentiality or proprietary rights notices (including copyright and trademark notices) of Axon’s or Axon’s licensors on or within Axon Cloud Services; or

16.8.use Axon Cloud Services to store or transmit infringing, libelous, or other unlawful or tortious material; material in violation of third-party privacy rights; or malicious code.

17. After Termination. Axon will not delete Customer Content for ninety (90) days following termination. Axon Cloud Services will not be functional during these ninety (90) days other than the ability to retrieve Customer Content.

Customer will not incur additional fees if Customer downloads Customer Content from Axon Cloud Services during this time. Axon has no obligation to maintain or provide Customer Content after these ninety (90) days and will thereafter, unless legally prohibited, delete all Customer Content. Upon request, Axon will provide written proof that Axon successfully deleted and fully removed all Customer Content from Axon Cloud Services.

18. Post-Termination Assistance. Axon will provide Customer with the same post-termination data retrieval assistance that Axon generally makes available to all customers. Requests for Axon to provide additional assistance in downloading or transferring Customer Content, including requests for Axon’s data egress service, will result in additional fees and Axon will not warrant or guarantee data integrity or readability in the external system.

19. U.S. Government Rights. If Customer is a U.S. Federal department or using Axon Cloud Services on behalf of a U.S. Federal department, Axon Cloud Services is provided as a "commercial item," "commercial computer software," "commercial computer software documentation," and "technical data", as defined in the Federal Acquisition Regulation and Defense Federal Acquisition Regulation Supplement. If Customer is using Axon Cloud Services on behalf of the U.S. Government and these terms fail to meet the U.S. Government’s needs or are inconsistent in any respect with federal law, Customer will immediately discontinue use of Axon Cloud Services.

20. Survival. Upon any termination of this Agreement, the following sections in this Appendix will survive: Customer Owns Customer Content, Privacy, Storage, Axon Cloud Services Warranty, Customer Responsibilities and Axon Cloud Services Restrictions.

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Axon Customer Experience Improvement Program Appendix

1. Axon Customer Experience Improvement Program (ACEIP). The ACEIP is designed to accelerate Axon’s development of technology, such as building and supporting automated features, to ultimately increase safety within communities and drive efficiency in public safety. To this end, subject to the limitations on Axon as described below, Axon, where allowed by law, may make limited use of Customer Content from all of its customers to provide, develop, improve, and support current and future Axon products (collectively, "ACEIP Purposes"). However, at all times, Axon will comply with its obligations pursuant to the Axon Cloud Services Terms of Use Appendix to maintain a comprehensive data security program (including compliance with the CJIS Security Policy for Criminal Justice Information), privacy program, and data governance policy, including high industry standards of de-identifying Personal Data, to enforce its security and privacy obligations for the ACEIP. ACEIP has 2 tiers of participation, Tier 1 and Tier 2. By default, Customer will be a participant in ACEIP Tier 1. If Customer does not want to participate in ACEIP Tier 1, Customer can revoke its consent at any time. If Customer wants to participate in Tier 2, as detailed below, Customer can check the ACEIP Tier 2 box below. If Customer does not want to participate in ACEIP Tier 2, Customer should leave box unchecked. At any time, Customer may revoke its consent to ACEIP Tier 1, Tier 2, or both Tiers.

2. ACEIP Tier 1.

2.1. When Axon uses Customer Content for the ACEIP Purposes, Axon will extract from Customer Content and may store separately copies of certain segments or elements of the Customer Content (collectively, "ACEIP Content"). When extracting ACEIP Content, Axon will use commercially reasonable efforts to aggregate, transform or de-identify Customer Content so that the extracted ACEIP Content is no longer reasonably capable of being associated with, or could reasonably be linked directly or indirectly to a particular individual ("Privacy Preserving Technique(s)"). For illustrative purposes, some examples are described in footnote 11.

For clarity, ACEIP Content will still be linked indirectly, with an attribution, to the Customer from which it was extracted. This attribution will be stored separately from the data itself, but is necessary for and will be solely used to enable Axon to identify and delete all ACEIP Content upon Customer request. Once de-identified, ACEIP Content may then be further modified, analyzed, and used to create derivative works. At any time, Customer may revoke the consent granted herein to Axon to access and use Customer Content for ACEIP Purposes. Within 30 days of receiving the Customer’s request, Axon will no longer access or use Customer Content for ACEIP Purposes and will delete any and all ACEIP Content. Axon will also delete any derivative works which may reasonably be capable of being associated with, or could reasonably be linked directly or indirectly to Customer. In addition, if Axon uses Customer Content for the ACEIP Purposes, upon request, Axon will make available to Customer a list of the specific type of Customer Content being used to generate ACEIP Content, the purpose of such use, and the retention, privacy preserving extraction technique, and relevant data protection practices applicable to the Customer Content or ACEIP Content ("Use Case"). From time to time, Axon may develop and deploy new Use Cases. At least 30 days prior to authorizing the deployment of any new Use Case, Axon will provide Customer notice (by updating the list of Use Case at https://www.axon.com/aceip and providing Customer with a mechanism to obtain notice of that update or another commercially reasonable method to Customer designated contact) ("New Use Case").

2.2. Expiration of ACEIP Tier 1. Customer consent granted herein will expire upon termination of the Agreement.

In accordance with section 1.1.1, within 30 days of receiving the Customer’s request, Axon will no longer access or use Customer Content for ACEIP Purposes and will delete ACEIP Content. Axon will also delete any derivative works which may reasonably be capable of being associated with, or could reasonably be linked directly or indirectly to, Customer.

3. ACEIP Tier 2. In addition to ACEIP Tier 1, if Customer wants to help further improve Axon’s services, Customer may choose to participate in Tier 2 of the ACEIP. ACEIP Tier 2 grants Axon certain additional rights to use Customer

1 For example; (a) when extracting specific text to improve automated transcription capabilities, text that could be used to directly identify a particular individual would not be extracted, and extracted text would be disassociated from identifying metadata of any speakers, and the extracted text would be split into individual words and aggregated with other data sources (including publicly available data) to remove any reasonable ability to link any specific text directly or indirectly back to a particular individual; (b) when extracting license plate data to improve Automated License Plate Recognition (ALPR) capabilities, individual license plate characters would be extracted and disassociated from each other so a complete plate could not be reconstituted, and all association to other elements of the source video, such as the vehicle, location, time, and the surrounding environment would also be removed; (c) when extracting audio of potential acoustic events (such as glass breaking or gun shots), very short segments (<1 second) of audio that only contains the likely acoustic events would be extracted and all human utterances would be removed.

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Content, in addition to those set forth in Tier 1 above, without the guaranteed deployment of a Privacy Preserving Technique to enable product development, improvement, and support that cannot be accomplished with aggregated, transformed, or de-identified data.
☐ Check this box if Customer wants to help further improve Axon’s services by participating in ACEIP Tier 2 in addition to Tier 1. Axon will not enroll Customer into ACEIP Tier 2 until Axon and Customer agree to terms in writing providing for such participation in ACEIP Tier 2.

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Professional Services Appendix
If any of the Professional Services specified below are included on the Quote, this Appendix applies.

1. Utilization of Services. Customer must use professional services as outlined in the Quote and this Appendix within six (6) months of the Effective Date.

2. Axon Full Service (Axon Full Service). Axon Full Service includes advance remote project planning and configuration support and up to four (4) consecutive days of on-site service and a professional services manager to work with Customer to assess Customer’s deployment and determine which on-site services are appropriate. If Customer requires more than four (4) consecutive on-site days, Customer must purchase additional days. Axon Full Service options include:

System set up and configuration
 Instructor-led setup of Axon View on smartphones (if applicable)  Configure categories and custom roles based on Customer need  Register cameras to Customer domain
 Troubleshoot IT issues with Axon Evidence and Axon Dock ("Dock") access  One on-site session included
Dock configuration
 Work with Customer to decide the ideal location of Docks and set configurations on Dock  Authenticate Dock with Axon Evidence using admin credentials from Customer  On-site assistance, not to include physical mounting of docks Best practice implementation planning session
 Provide considerations for the establishment of video policy and system operations best practices based on Axon’s observations with other customers
 Discuss the importance of entering metadata in the field for organization purposes and other best practices for digital data management
 Provide referrals of other customers using the Axon camera devices and Axon Evidence  Recommend rollout plan based on review of shift schedules System Admin and troubleshooting training sessions
Step-by-step explanation and assistance for Customer’s configuration of security, roles & permissions, categories & retention, and other specific settings for Axon Evidence Axon instructor training (Train the Trainer)
Training for Customer’s in-house instructors who can support Customer’s Axon camera and Axon Evidence training needs after Axon has fulfilled its contractual on-site obligations Evidence sharing training
Tailored workflow instruction for Investigative Units on sharing cases and evidence with local prosecuting agencies Users go-live training and support sessions
 Assistance with device set up and configuration
 Training on device use, Axon Evidence, and Evidence Sync Implementation document packet
Axon Evidence administrator guides, camera implementation guides, network setup guide, sample policies, and categories & roles guide
Post go-live review

3. Body-Worn Camera Starter Service (Axon Starter). Axon Starter includes advance remote project planning and configuration support and one (1) day of on-site Services and a professional services manager to work closely with Customer to assess Customer’s deployment and determine which Services are appropriate. If Customer requires more than one (1) day of on-site Services, Customer must purchase additional on-site Services. The Axon Starter options include:

System set up and configuration (Remote Support)
 Instructor-led setup of Axon View on smartphones (if applicable)  Configure categories & custom roles based on Customer need

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 Troubleshoot IT issues with Axon Evidence and Dock access Dock configuration
 Work with Customer to decide the ideal location of Dock setup and set configurations on Dock  Authenticate Dock with Axon Evidence using "Administrator" credentials from Customer  Does not include physical mounting of docks
Axon instructor training (Train the Trainer)
Training for Customer’s in-house instructors who can support Customer’s Axon camera and Axon Evidence training needs after Axon’s has fulfilled its contracted on-site obligations User go-live training and support sessions
 Assistance with device set up and configuration
 Training on device use, Axon Evidence, and Evidence Sync Implementation document packet
Axon Evidence administrator guides, camera implementation guides, network setup guide, sample policies, and categories & roles guide

4. Body-Worn Camera Virtual 1-Day Service (Axon Virtual). Axon Virtual includes all items in the BWC Starter Service Package, except one (1) day of on-site services.

5. CEW Services Packages. CEW Services Packages are detailed below:

System set up and configuration
 Configure Axon Evidence categories & custom roles based on Customer need.  Troubleshoot IT issues with Axon Evidence.
 Register users and assign roles in Axon Evidence.
 For the CEW Full Service Package: On-site assistance included  For the CEW Starter Package: Virtual assistance included Dedicated Project Manager
Assignment of specific Axon representative for all aspects of planning the rollout (Project Manager). Ideally, Project Manager will be assigned to Customer 4–6 weeks before rollout Best practice implementation planning session to include:
 Provide considerations for the establishment of CEW policy and system operations best practices based on Axon’s observations with other customers
 Discuss the importance of entering metadata and best practices for digital data management  Provide referrals to other customers using TASER CEWs and Axon Evidence  For the CEW Full Service Package: On-site assistance included  For the CEW Starter Package: Virtual assistance included System Admin and troubleshooting training sessions
On-site sessions providing a step-by-step explanation and assistance for Customer’s configuration of security, roles & permissions, categories & retention, and other specific settings for Axon Evidence Axon Evidence Instructor training
 Provide training on the Axon Evidence to educate instructors who can support Customer’s subsequent Axon Evidence training needs.
 For the CEW Full Service Package: Training for up to 3 individuals at Customer  For the CEW Starter Package: Training for up to 1 individual at Customer TASER CEW inspection and device assignment
Axon’s on-site professional services team will perform functions check on all new TASER CEW Smart weapons and assign them to a user on Axon Evidence.

Post go-live review
For the CEW Full Service Package: On-site assistance included.

For the CEW Starter Package: Virtual assistance included.

6. Smart Weapon Transition Service. The Smart Weapon Transition Service includes:

Archival of CEW Firing Logs
Axon’s on-site professional services team will upload CEW firing logs to Axon Evidence from all TASER CEW Smart Weapons that Customer is replacing with newer Smart Weapon models.

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Return of Old Weapons
Axon’s on-site professional service team will ship all old weapons back to Axon’s headquarters.

Axon will provide Customer with a Certificate of Destruction *Note: CEW Full Service packages for TASER 7 or TASER 10 include Smart Weapon Transition Service instead of 1-Day Device Specific Instructor Course.

7. VR Services Package. VR Service includes advance remote project planning and configuration support and one (1) day of on-site service and a professional services manager to work with Customer to assess Customer's deployment and determine which Services are appropriate. The VR Service training options include:

System set up and configuration (Remote Support)
• Instructor-led setup of Axon VR headset content
• Configure Customer settings based on Customer need
• Troubleshoot IT issues with Axon VR headset
Axon instructor training (Train the Trainer)
Training for up to five (5) Customer's in-house instructors who can support Customer's Axon VR CET and SIM training needs after Axon’s has fulfilled its contracted on-site obligations Classroom and practical training sessions
Step-by-step explanation and assistance for Customer's configuration of Axon VR CET and SIM functionality, basic operation, and best practices

8. Axon Air, On-Site Training. Axon Air, On-Site training includes advance remote project planning and configuration support and one (1) day of on-site Services and a professional services manager to work closely with Customer to assess Customer's deployment and determine which Services are appropriate. If Customer requires more than one (1) day of on-site Services, Customer must purchase additional on-site Services. The Axon Air, On-Site training options include:

System set up and configuration (Remote Support)
• Instructor-led setup of Axon Air App (ASDS)
• Configure Customer settings based on Customer need
• Configure drone controller
• Troubleshoot IT issues with Axon Evidence
Axon instructor training (Train the Trainer)
Training for Customer's in-house instructors who can support Customer's Axon Air and Axon Evidence training needs after Axon’s has fulfilled its contracted on-site obligations Classroom and practical training sessions
Step-by-step explanation and assistance for Customer's configuration of Axon Respond+ livestreaming functionality, basic operation, and best practices

9. Axon Air, Virtual Training. Axon Air, Virtual training includes all items in the Axon Air, On-Site Training Package, except the practical training session, with the Axon Instructor training for up to four hours virtually.

10. Signal Sidearm Installation Service.
a. Purchases of 50 SSA units or more: Axon will provide one (1) day of on-site service and one professional services manager and will provide train the trainer instruction, with direct assistance on the first of each unique holster/mounting type. Customer is responsible for providing a suitable work/training area. b. Purchases of less than 50 SSA units: Axon will provide a 1-hour virtual instruction session on the basics of installation and device calibration.

11. Axon Justice Implementation. Axon Justice Implementation includes advanced remote project planning, configuration support, and training. Axon Justice Implementation includes:

System set up and configuration
 Axon performs discovery to understand and document the Agency’s needs.  Axon collaborates with the Client to configure workflows, permissions, and privileges within Axon Evidence based on the Client’s needs.
 Axon will facilitate a workflow discussion with the core admin team.

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Disclosures
 Axon enables the Client to share digital evidence to the defense through the following methods as determined by Client and Axon:

1. Public Defender Case Sharing

2. Disclosure Portal

3. Download Links
Training
 Agency Trainers. Axon works with the Agency to identify the Agency trainers receiving instruction on the product. Axon provides a training guide that outlines the covered topics, intended audience, facility needs, and duration of the training. Axon will schedule a cadence of remote training sessions as needed, which are not to exceed three (3) 2-hour training sessions for Agency staff. Each session can accommodate up to 20 users and will train them in full system functionality. Training sessions provided by Axon are conducted on consecutive weekdays (Tuesday-Thursday) during normal business hours (9am-6pm with an hour break in between sessions). After the initial training, is responsible for any future training. Axon provides all training materials for successful training.
 Partner Agencies: Axon will provide Train the Trainer training to the Agency so that it is equipped to train and support their partner agencies. Ensuring the partner agencies are trained to follow the ingestion method is the Agency’s responsibility.

Go-Live Plan
Axon works in partnership with the Agency to build, coordinate, and execute a Go-Live plan to ensure successful system acceptance. Axon coordinates the Go-Live event.

Implementation document packet
Axon Evidence administrator guides, camera implementation guides, network setup guide, sample policies, and categories & roles guide
Post go-live review

12. Out of Scope Services. Axon is only responsible to perform the professional services described in the Quote, this Appendix, and any applicable SOW. Any additional professional services are out of scope. The Parties must document scope changes in a written and signed change order. Changes may require an equitable adjustment in the charges or schedule.

13. Delivery of Services. Axon personnel will work Monday through Friday, 8:30 a.m. to 5:30 p.m., except holidays.

Axon will perform all on-site tasks over a consecutive timeframe. Axon will not charge Customer travel time by Axon personnel to Customer premises as work hours.

14. Access Computer Systems to Perform Services. Customer authorizes Axon to access relevant Customer computers and networks, solely for performing the Services. Axon will work to identify as soon as reasonably practicable resources and information Axon expects to use and will provide an initial itemized list to Customer.

Customer is responsible for and assumes the risk of any problems, delays, losses, claims, or expenses resulting from the content, accuracy, completeness, and consistency of all data, materials, and information supplied by Customer.

15. Site Preparation. Axon will provide a hardcopy or digital copy of current user documentation for the Axon Devices ("User Documentation"). User Documentation will include all required environmental specifications for the professional services and Axon Devices to operate per the Axon Device User Documentation. Before installation of Axon Devices (whether performed by Customer or Axon), Customer must prepare the location(s) where Axon Devices are to be installed ("Installation Site") per the environmental specifications in the Axon Device User Documentation.

Following installation, Customer must maintain the Installation Site per the environmental specifications. If Axon modifies Axon Device User Documentation for any Axon Devices under this Agreement, Axon will provide the update to Customer when Axon generally releases it

16. Acceptance. When Axon completes professional services, Axon will present an acceptance form ("Acceptance Form") to Customer. Customer will sign the Acceptance Form acknowledging completion. If Customer reasonably believes Axon did not complete the professional services in substantial conformance with this Agreement, Customer must notify Axon in writing of the specific reasons for rejection within seven (7) calendar days from delivery of the Acceptance Form. Axon will address the issues and re-present the Acceptance Form for signature. If Axon does not receive the signed Acceptance Form or written notification of reasons for rejection within seven (7) calendar days of delivery of the Acceptance Form, Axon will deem Customer to have accepted the professional services.

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17. Customer Network. For work performed by Axon transiting or making use of Customer’s network, Customer is solely responsible for maintenance and functionality of the network. In no event will Axon be liable for loss, damage, or corruption of Customer’s network from any cause.

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Technology Assurance Plan Appendix
If Technology Assurance Plan ("TAP") or a combined offering including TAP is on the Quote, this appendix applies.

1. TAP Warranty. The TAP specific warranty is an extended warranty that starts at the end of the one- (1-) year hardware limited warranty.

2. Officer Safety Plan. If Customer purchases an Officer Safety Plan ("OSP"), Customer will receive the deliverables detailed in the Quote. Customer must accept delivery of the TASER CEW and accessories as soon as available from Axon.

3. OSP 7 or OSP 10 Term. OSP 7 or OSP 10 begins on the date specified in the Quote ("OSP Term").

4. TAP BWC Refresh. If Customer has no outstanding payment obligations and purchased TAP, Axon will provide Customer a new Axon body-worn camera ("BWC Refresh") as scheduled in the Quote. If Customer purchased TAP, Axon will provide a BWC Refresh that is the same or like Axon Device, at Axon’s option. Axon makes no guarantee the BWC Refresh will utilize the same accessories or Axon Dock.

5. TAP Dock Refresh. If Customer has no outstanding payment obligations and purchased TAP, Axon will provide Customer a new Axon Dock as scheduled in the Quote ("Dock Refresh"). Accessories associated with any Dock Refreshes are subject to change at Axon discretion. Dock Refreshes will only include a new Axon Dock Bay configuration unless a new Axon Dock core is required for BWC compatibility. If Customer originally purchased a single-bay Axon Dock, the Dock Refresh will be a single-bay Axon Dock model that is the same or like Axon Device, at Axon’s option. If Customer originally purchased a multi-bay Axon Dock, the Dock Refresh will be a multi-bay Axon Dock that is the same or like Axon Device, at Axon’s option.

6. Refresh Delay. Axon may ship the BWC and Dock Refreshes as scheduled in the Quote without prior confirmation from Customer unless the Parties agree in writing otherwise at least ninety (90) days in advance. Axon may ship the final BWC and Dock Refreshes as scheduled in the Quote sixty (60) days before the end of the Subscription Term without prior confirmation from Customer.

7. Upgrade Change. If Customer wants to upgrade Axon Device models from the current Axon Device to an upgraded Axon Device, Customer must pay the price difference between the MSRP for the current Axon Device and the MSRP for the upgraded Axon Device. If the model Customer desires has an MSRP less than the MSRP of the offered BWC Refreshes or Dock Refresh, Axon will not provide a refund. The MSRP is the MSRP in effect at the time of the upgrade.

8. Return of Original Axon Device. Within thirty (30) days of receiving a BWC or Dock Refresh, Customer must return the original Axon Devices to Axon or destroy the Axon Devices and provide a certificate of destruction to Axon including serial numbers for the destroyed Axon Devices. If Customer does not return or destroy the Axon Devices, Axon will deactivate the serial numbers for the Axon Devices received by Customer.

9. Termination. If Customer’s payment for TAP, OSP, or Axon Evidence is more than thirty (30) days past due, Axon may terminate TAP or OSP. Once TAP or OSP terminates for any reason:

9.1. TAP and OSP coverage terminate as of the date of termination and no refunds will be given.

9.2. Axon will not and has no obligation to provide the Upgrade Models.

9.3. Customer must make any missed payments due to the termination before Customer may purchase any future TAP or OSP.

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TASER Device Appendix
This TASER Device Appendix applies to Customer’s TASER 7, TASER 10, OSP 7, OSP 10, OSP Plus, OSP 7 Plus Premium and OSP 10 Plus Premium purchase from Axon, if applicable.

1. Duty Cartridge Replenishment Plan. If the Quote includes "Duty Cartridge Replenishment Plan", Customer must purchase the plan for each CEW user. A CEW user includes officers that use a CEW in the line of duty and those that only use a CEW for training. Customer may not resell cartridges received. Axon will only replace cartridges used in the line of duty.

2. Training. If the Quote includes a TASER On Demand Certification subscription, Customer will have on-demand access to TASER Instructor and TASER Master Instructor courses only for the duration of the TASER Subscription Term. Axon will issue a maximum of ten (10) TASER Instructor vouchers and ten (10) TASER Master Instructor vouchers for every thousand TASER Subscriptions purchased. Customer shall utilize vouchers to register for TASER courses at their discretion; however, Customer may incur a fee for cancellations less than 10 business days prior to a course date or failure to appear to a registered course. The voucher has no cash value. Customer cannot exchange voucher for any other Device or Service. Any unused vouchers at the end of the Term will be forfeited. A voucher does not include any travel or other expenses that might be incurred related to attending a course.

3. Limited Warranty.

3.1. “Deployment” means use of the TASER weapon resulting in the discharge of the conducted energy weapon (“CEW”) cartridge probe. For TASER 10 each probe discharged is consider one Deployment and for TASER 7 the dual probe discharged is considered one Deployment.

3.2. Single User Warranty. If the TASER Device is assigned and used by a single user, Axon warrants that Axonmanufactured TASER Device is free from defects in workmanship and materials for the earlier of: (i) one (1) year from the date of Customer’s receipt or (ii) 100 Deployments per year or a total of 500 Deployments over 5 years.

3.3. Pooled User Warranty. If the TASER Device is assigned and used by multiple users, Axon warrants that Axonmanufactured TASER Device is free from defects in workmanship and materials for the earlier of: (i) one (1) year from the date of Customer’s receipt or (ii) 100 Deployments per year or a total of 500 Deployments over 5 years.

3.4. Training User Devices. If the TASER Device is used for training, Axon warrants that Axon-manufactured TASER Device is free from defects in workmanship and materials for the earlier of: (i) one (1) year from the date of Customer’s receipt or (ii) 100 Deployments per year or a total of 500 Deployments over 5 years.

3.5. CEW Cartridges. Used CEW cartridges are deemed to have operated properly.

3.6. Miscellaneous. The following sections the Warranty Section in the MSPA shall apply to the TASER Devices:

Disclaimer, Claims, Spare Axon Devices and Limitations.

3.7. Registration. Prior to use of the TASER Device, Customer must register each TASER Device in TASER Device Axon Evidence tenancy as a single user, pooled or training device. Failure to properly register the TASER Device prior to its use may void the warranty at Axon’s sole discretion.

4. Extended Warranty. If the Quote includes an extended warranty, the extended warranty coverage period begins upon the expiration of the Limited Warranty. Each additional year of the warranty purchased will be in accordance with the applicable Limited Warranty category above. The maximum warranty period for an individual TASER Device will be five (5) years including the initial Limited Warranty.

5. Trade-in. If the Quote contains a discount on CEW-related line items and that discount is contingent upon the tradein of hardware, Customer must return used hardware and accessories associated with the discount ("Trade-In Units") to Axon within the below prescribed timeline. Customer must ship batteries via ground shipping. Axon will provide Customer with a pre-paid shipping label for the return of the Trade-In Units. If Axon does not receive Trade-In Units within the timeframe below, Axon will invoice Customer the value of the trade-in credit. Customer may not destroy Trade-In Units and receive a trade-in credit.

Customer Size Days to Return from Start Date of TASER 10 Subscription Less than 100 officers 60 days
100 to 499 officers 90 days
500+ officers 180 days

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6. TASER Device Subscription Term. The TASER Device Subscription Term for a standalone TASER Device purchase begins on shipment of the TASER Device. The TASER Device Subscription Term for OSP 7/10 begins on the OSP 7/10 start date.

7. Access Rights. Upon Axon granting Customer a TASER Device Axon Evidence subscription, Customer may access and use Axon Evidence for the storage and management of data from TASER Devices devices during the TASER Device Subscription Term. Customer may not exceed the number of end users the Quote specifies.

8. Customer Warranty. If Customer is located in the US, Customer warrants and acknowledges that TASER 10 is classified as a firearm and is being acquired for official Customer use pursuant to a law enforcement agency transfer under the Gun Control Act of 1968.

9. Purchase Order. To comply with applicable laws and regulations, Customer must provide a purchase order to Axon prior to shipment of TASER 10.

10. Apollo Grant (US only). If Customer has received an Apollo Grant from Axon, Customer must pay all fees in the Quote prior to upgrading to any new TASER Device offered by Axon.

11. Termination. If payment for TASER Device is more than thirty (30) days past due, Axon may terminate Customer’s TASER Device plan by notifying Customer. Upon termination for any reason, then as of the date of termination:

11.1.TASER Device extended warranties and access to Training Content will terminate. No refunds will be given.

11.2.Customer will be responsible for payment of any missed payments due to the termination before being allowed to purchase any future TASER Device plan.

11.3.Axon will invoice Customer the remaining MSRP for TASER Devices received before termination. If terminating for non-appropriation, Axon will not invoice Customer if Customer returns the TASER Device, rechargeable battery, holster, dock, core, training suits, and unused cartridges to Axon within thirty (30) days of the date of termination.

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Axon Auto-Tagging Appendix
If Auto-Tagging is included on the Quote, this Appendix applies.

1. Scope. Axon Auto-Tagging consists of the development of a module to allow Axon Evidence to interact with Customer’s Computer-Aided Dispatch ("CAD") or Records Management Systems ("RMS"). This allows End Users to auto-populate Axon video meta-data with a case ID, category, and location-based on data maintained in Customer’s CAD or RMS.

2. Support. For thirty (30) days after completing Auto-Tagging Services, Axon will provide up to five (5) hours of remote support at no additional charge. Axon will provide free support due to a change in Axon Evidence, if Customer maintains an Axon Evidence and Auto-Tagging subscription. Axon will not provide support if a change is required because Customer changes its CAD or RMS.

3. Changes. Axon is only responsible to perform the Services in this Appendix for Auto-Tagging and any applicable SOW. Any additional Services are out of scope. The Parties must document scope changes in a written and signed change order. Changes may require an equitable adjustment in fees or schedule.

4. Customer Responsibilities. Axon’s performance of Auto-Tagging Services requires Customer to:

4.1. Make available relevant systems, including Customer’s current CAD or RMS, for assessment by Axon (including remote access if possible);

4.2. Make required modifications, upgrades or alterations to Customer’s hardware, facilities, systems and networks related to Axon’s performance of Auto-Tagging Services;

4.3. Provide access to the premises where Axon is performing Auto-Tagging Services, subject to Customer safety and security restrictions, and allow Axon to enter and exit the premises with laptops and materials needed to perform Auto-Tagging Services;

4.4. Provide all infrastructure and software information (TCP/IP addresses, node names, network configuration) necessary for Axon to provide Auto-Tagging Services;

4.5. Promptly install and implement any software updates provided by Axon;

4.6. Ensure that all appropriate data backups are performed;

4.7. Provide assistance, participation, and approvals in testing Auto-Tagging Services;

4.8. Provide Axon with remote access to Customer’s Axon Evidence account when required;

4.9. Notify Axon of any network or machine maintenance that may impact the performance of the module at Customer; and

4.10. Ensure reasonable availability of knowledgeable staff and personnel to provide timely, accurate, complete, and up-to-date documentation and information to Axon.

5. Access to Systems. Customer authorizes Axon to access Customer’s relevant computers, network systems, and CAD or RMS solely for performing Auto-Tagging Services. Axon will work diligently to identify the resources and information Axon expects to use and will provide an initial list to Customer. Customer is responsible for and assumes the risk of any problems, delays, losses, claims, or expenses resulting from the content, accuracy, completeness, and consistency of all data, materials, and information supplied by Customer.

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Axon Fleet Appendix
If Axon Fleet 2, Axon Fleet 3, or any future generation of Axon Fleet (collectively, “Axon Fleet”) is included on the Quote, this Appendix applies.

1. Customer Responsibilities.

1.1. Customer must ensure its infrastructure and vehicles adhere to the minimum requirements to operate Axon Fleet as established by Axon during the qualifier call and on-site assessment at Customer and in any technical qualifying questions. If Customer’s representations are inaccurate, the Quote is subject to change.

1.2. Customer is responsible for providing a suitable work area for Axon or Axon third-party providers to install Axon Fleet systems into Customer vehicles. Customer is responsible for making available all vehicles for which installation services were purchased, during the agreed upon onsite installation dates, Failure to make vehicles available may require an equitable adjustment in fees or schedule.

2. Cradlepoint. If Customer purchases Cradlepoint Enterprise Cloud Manager, Customer will comply with Cradlepoint’s end user license agreement. The term of the Cradlepoint license may differ from the Axon Evidence Subscription. If Customer requires Cradlepoint support, Customer will contact Cradlepoint directly. By accepting a Quote including Cradlepoint products, Customer designates and authorizes Axon as its partner of record for purposes of Cradlepoint product renewals, support coordination, and other relevant functions. This designation applies to all Cradlepoint products acquired by Customer during the Subscription Term of the applicable Quote whether directly from Cradlepoint, through Axon, or through any third-party vendor or distributor. Axon shall have no liability to Customer or any third party arising out of or relating to Axon’s acts or omissions as the Partner of Record. Customer has the right to opt out of this authorization at any time by providing prior written notification to both Axon and Cradlepoint.

Upon such notification, the designation will be removed. This authorization remains effective until formally removed in accordance with this section or as otherwise agreed between the parties in the Agreement.

3. Third-party Installer. Axon will not be liable for the failure of Axon Fleet hardware to operate per specifications if such failure results from installation not performed by, or as directed by Axon.

4. Wireless Offload Server.

4.1. License Grant. Axon grants Customer a non-exclusive, royalty-free, worldwide, perpetual license to use Wireless Offload Server ("WOS"). "Use" means storing, loading, installing, or executing WOS solely for data communication with Axon Devices for the number of licenses purchased. The WOS term begins upon the start of the Axon Evidence Subscription.

4.2. Restrictions. Customer may not: (a) modify, alter, tamper with, repair, or create derivative works of WOS; (b) reverse engineer, disassemble, or decompile WOS, apply any process to derive the source code of WOS, or allow others to do so; (c) access or use WOS to avoid incurring fees or exceeding usage limits; (d) copy WOS in whole or part; (e) use trade secret information contained in WOS; (f) resell, rent, loan or sublicense WOS; (g) access WOS to build a competitive device or service or copy any features, functions or graphics of WOS; or (h) remove, alter or obscure any confidentiality or proprietary rights notices (including copyright and trademark notices) of Axon or Axon’s licensors on or within WOS.

4.3. Updates. If Customer purchases WOS maintenance, Axon will make updates and error corrections to WOS ("WOS Updates") available electronically via the Internet or media as determined by Axon. Customer is responsible for establishing and maintaining adequate Internet access to receive WOS Updates and maintaining computer equipment necessary for use of WOS. The Quote will detail the maintenance term.

4.4. WOS Support. Upon request by Axon, Customer will provide Axon with access to Customer’s store and forward servers solely for troubleshooting and maintenance.

5. Axon Vehicle Software.

5.1. License Grant. Axon grants Customer a non-exclusive, royalty-free, worldwide, perpetual license to use ViewXL or Dashboard (collectively, "Axon Vehicle Software".) "Use" means storing, loading, installing, or executing Axon Vehicle Software solely for data communication with Axon Devices. The Axon Vehicle Software term begins upon the start of the Axon Evidence Subscription.

5.2. Restrictions. Customer may not: (a) modify, alter, tamper with, repair, or create derivative works of Axon Vehicle Software; (b) reverse engineer, disassemble, or decompile Axon Vehicle Software, apply any process to derive the source code of Axon Vehicle Software, or allow others to do so; (c) access or use Axon Vehicle

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Software to avoid incurring fees or exceeding usage limits; (d) copy Axon Vehicle Software in whole or part; (e) use trade secret information contained in Axon Vehicle Software; (f) resell, rent, loan or sublicense Axon Vehicle Software; (g) access Axon Vehicle Software to build a competitive device or service or copy any features, functions or graphics of Axon Vehicle Software; or (h) remove, alter or obscure any confidentiality or proprietary rights notices (including copyright and trademark notices) of Axon or Axon’s licensors on or within Axon Vehicle Software.

6. Acceptance Checklist. If Axon provides services to Customer pursuant to any statement of work in connection with Axon Fleet, within seven (7) days of the date on which Customer retrieves Customer's vehicle(s) from the Axon installer, said vehicle having been installed and configured with tested and fully and properly operational in-car hardware and software identified above, Customer will receive a Professional Services Acceptance Checklist to submit to Axon indicating acceptance or denial of said deliverables.

7. Axon Fleet Upgrade. If Customer has no outstanding payment obligations and has purchased the "Fleet Technology Assurance Plan" (Fleet TAP), Axon will provide Customer with the same or like model of Fleet hardware ("Axon Fleet Upgrade") as scheduled on the Quote.

7.1. If Customer would like to change models for the Axon Fleet Upgrade, Customer must pay the difference between the MSRP for the offered Axon Fleet Upgrade and the MSRP for the model desired. The MSRP is the MSRP in effect at the time of the upgrade. Customer is responsible for the removal of previously installed hardware and installation of the Axon Fleet Upgrade.

7.2. Within thirty (30) days of receiving the Axon Fleet Upgrade, Customer must return the original Axon Devices to Axon or destroy the Axon Devices and provide a certificate of destruction to Axon, including serial numbers of the destroyed Axon Devices. If Customer does not destroy or return the Axon Devices to Axon, Axon will deactivate the serial numbers for the Axon Devices received by Customer.

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Axon Respond Appendix
This Axon Respond Appendix applies to Axon Respond, Axon Respond Device Plus, and Device Connectivity if any are included on the Quote.

1. Axon Respond Subscription Term. If Customer purchases Axon Respond as part of a combined offering on a Quote, the Axon Respond subscription begins on the later of the (1) start date of that offering within the Quote, or (2) date Axon provisions Axon Respond to Customer. If Customer purchases Axon Respond as a standalone, the Axon Respond subscription begins the later of the (1) date Axon provisions Axon Respond to Customer, or (2) first day of the month following the Effective Date. The Axon Respond subscription term will end upon the completion of the Axon Evidence Subscription associated with Axon Respond.

2. Scope of Axon Respond. The scope of Axon Respond is to assist Customer with real-time situational awareness during critical incidents to improve officer safety, effectiveness, and awareness. In the event Customer uses Axon Respond outside this scope, Axon may initiate good-faith discussions with Customer on upgrading Customer’s Axon Respond to better meet Customer’s needs.

3. Axon Body LTE Requirements. Axon Respond is only available and usable with an LTE enabled body-worn camera.

Axon is not liable if Customer utilizes the LTE device outside of the coverage area or if the LTE carrier is unavailable.

LTE coverage is only available in the United States, including any U.S. territories. Axon may utilize a carrier of Axon’s choice to provide LTE service. Axon may change LTE carriers during the Term without Customer’s consent.

4. Axon Fleet LTE Requirements. Axon Respond is only available and usable with a Fleet 3 system configured with LTE modem and service. Customer is responsible for providing LTE service for the modem. Coverage and availability of LTE service is subject to Customer’s LTE carrier.

5. Axon Respond Service Limitations. Customer acknowledges that LTE service is made available only within the operating range of the networks. Service may be temporarily refused, interrupted, or limited because of: (a) facilities limitations; (b) transmission limitations caused by atmospheric, terrain, other natural or artificial conditions adversely affecting transmission, weak batteries, system overcapacity, movement outside a service area or gaps in coverage in a service area, and other causes reasonably outside of the carrier’s control such as intentional or negligent acts of third parties that damage or impair the network or disrupt service; or (c) equipment modifications, upgrades, relocations, repairs, and other similar activities necessary for the proper or improved operation of service.

5.1. With regard to Axon Body, Partner networks are made available as-is and the carrier makes no warranties or representations as to the availability or quality of roaming service provided by carrier partners, and the carrier will not be liable in any capacity for any errors, outages, or failures of carrier partner networks. Customer expressly understands and agrees that it has no contractual relationship whatsoever with the underlying wireless service provider or its affiliates or contractors and Customer is not a third-party beneficiary of any agreement between Axon and the underlying carrier.

6. Termination. Upon termination of this Agreement, or if Customer stops paying for Axon Respond or combined offerings that include Axon Respond, Axon will end Axon Respond services, including any Axon-provided LTE service.

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Add-on Services Appendix
This Appendix applies if Axon Community Request, Axon Redaction Assistant, and/or Axon Performance are included on the Quote.

1. Subscription Term. If Customer purchases Axon Community Request, Axon Redaction Assistant, or Axon Performance as part of OSP 7 or OSP 10, the subscription begins on the later of the (1) start date of the OSP 7 or OSP 10 Term, or (2) date Axon provisions Axon Community Request, Axon Redaction Assistant, or Axon Performance to Customer.

1.1. If Customer purchases Axon Community Request, Axon Redaction Assistant, or Axon Performance as a standalone, the subscription begins the later of the (1) date Axon provisions Axon Community Request, Axon Redaction Assistant, or Axon Performance to Customer, or (2) first day of the month following the Effective Date.

1.2. The subscription term will end upon the completion of the Axon Evidence Subscription associated with the addon.

2. Axon Community Request Storage. For Axon Community Request, Customer may store an unlimited amount of data submitted through the public portal ("Portal Content"), within Customer’s Axon Evidence instance. The posttermination provisions outlined in the Axon Cloud Services Terms of Use Appendix also apply to Portal Content.

3. Performance Auto-Tagging Data. In order to provide some features of Axon Performance to Customer, Axon will need to store call for service data from Customer’s CAD or RMS.

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Axon Virtual Reality Content Terms of Use Appendix
If Virtual Reality is included on the Quote, this Appendix applies.

1. Term. The Quote will detail the products and license duration, as applicable, of the goods, services, and software, and contents thereof, provided by Axon to Customer related to virtual reality (collectively, "Virtual Reality Media").

2. Headsets. Customer may purchase additional virtual reality headsets from Axon. In the event Customer decides to purchase additional virtual reality headsets for use with Virtual Reality Media, Customer must purchase those headsets from Axon.

3. License Restrictions. All licenses will immediately terminate if Customer does not comply with any term of this Agreement. If Customer utilizes more users than stated in this Agreement, Customer must purchase additional Virtual Reality Media licenses from Axon. Customer may not use Virtual Reality Media for any purpose other than as expressly permitted by this Agreement. Customer may not:

3.1. modify, tamper with, repair, or otherwise create derivative works of Virtual Reality Media;

3.2. reverse engineer, disassemble, or decompile Virtual Reality Media or apply any process to derive the source code of Virtual Reality Media, or allow others to do the same;

3.3. copy Virtual Reality Media in whole or part, except as expressly permitted in this Agreement;

3.4. use trade secret information contained in Virtual Reality Media;

3.5. resell, rent, loan or sublicense Virtual Reality Media;

3.6. access Virtual Reality Media to build a competitive device or service or copy any features, functions, or graphics of Virtual Reality Media; or

3.7. remove, alter, or obscure any confidentiality or proprietary rights notices (including copyright and trademark notices) of Axon or Axon’s licensors on or within Virtual Reality Media or any copies of Virtual Reality Media.

4. Privacy. Customer’s use of the Virtual Reality Media is subject to the Axon Virtual Reality Privacy Policy, a current version of which is available at https://www.axon.com/axonvrprivacypolicy.

5. Termination. Axon may terminate Customer’s license immediately for Customer’s failure to comply with any of the terms in this Agreement.

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Axon Application Programming Interface Appendix
This Appendix applies if Axon’s API Services or a subscription to Axon Cloud Services are included on the Quote.

1. Definitions.

1.1. "API Client" means the software that acts as the interface between Customer’s computer and the server, which is already developed or to be developed by Customer.

1.2. "API Interface" means software implemented by Customer to configure Customer’s independent API Client Software to operate in conjunction with the API Service for Customer’s authorized Use.

1.3. "Axon Evidence Partner API, API or Axon API" (collectively "API Service") means Axon’s API which provides a programmatic means to access data in Customer’s Axon Evidence account or integrate Customer’s Axon Evidence account with other systems.

1.4. "Use" means any operation on Customer’s data enabled by the supported API functionality.

2. Purpose and License.

2.1. Customer may use API Service and data made available through API Service, in connection with an API Client developed by Customer. Axon may monitor Customer’s use of API Service to ensure quality, improve Axon devices and services, and verify compliance with this Agreement. Customer agrees to not interfere with such monitoring or obscure from Axon Customer’s use of API Service. Customer will not use API Service for commercial use.

2.2. Axon grants Customer a non-exclusive, non-transferable, non-sublicensable, worldwide, revocable right and license during the Term to use API Service, solely for Customer’s Use in connection with Customer’s API Client.

2.3. Axon reserves the right to set limitations on Customer’s use of the API Service, such as a quota on operations, to ensure stability and availability of Axon’s API. Axon will use reasonable efforts to accommodate use beyond the designated limits.

3. Configuration. Customer will work independently to configure Customer’s API Client with API Service for Customer’s applicable Use. Customer will be required to provide certain information (such as identification or contact details) as part of the registration. Registration information provided to Axon must be accurate. Customer will inform Axon promptly of any updates. Upon Customer’s registration, Axon will provide documentation outlining API Service information.

4. Customer Responsibilities. When using API Service, Customer and its End Users shall not:

4.1. use API Service in any way other than as expressly permitted under this Agreement;

4.2. use in any way that results in, or could result in, any security breach to Axon;

4.3. perform an action with the intent of introducing any virus, worm, defect, Trojan horse, malware, or any item of a destructive nature to Axon Devices and Services;

4.4. interfere with, modify, disrupt or disable features or functionality of API Service or the servers or networks providing API Service;

4.5. reverse engineer, decompile, disassemble, or translate or attempt to extract the source code from API Service or any related software;

4.6. create an API Interface that functions substantially the same as API Service and offer it for use by third parties;

4.7. provide use of API Service on a service bureau, rental or managed services basis or permit other individuals or entities to create links to API Service;

4.8. frame or mirror API Service on any other server, or wireless or Internet-based device;

4.9. make available to a third-party, any token, key, password or other login credentials to API Service;

4.10. take any action or inaction resulting in illegal, unauthorized or improper purposes; or

4.11. disclose Axon’s API manual.

5. API Content. All content related to API Service, other than Customer Content or Customer’s API Client content, is considered Axon’s API Content, including:

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Release Date: March 2025 Page 27 of 33

5.1. the design, structure and naming of API Service fields in all responses and requests;

5.2. the resources available within API Service for which Customer takes actions on, such as evidence, cases, users, or reports;

5.3. the structure of and relationship of API Service resources; and

5.4. the design of API Service, in any part or as a whole.

6. Prohibitions on API Content. Neither Customer nor its End Users will use API content returned from the API Interface to:

6.1. scrape, build databases, or otherwise create permanent copies of such content, or keep cached copies longer than permitted by the cache header;

6.2. copy, translate, modify, create a derivative work of, sell, lease, lend, convey, distribute, publicly display, or sublicense to any third-party;

6.3. misrepresent the source or ownership; or

6.4. remove, alter, or obscure any confidentiality or proprietary rights notices (including copyright and trademark notices).

7. API Updates. Axon may update or modify the API Service from time to time ("API Update"). Customer is required to implement and use the most current version of API Service and to make any applicable changes to Customer’s API Client required as a result of such API Update. API Updates may adversely affect how Customer’s API Client access or communicate with API Service or the API Interface. Each API Client must contain means for Customer to update API Client to the most current version of API Service. Axon will provide support for one (1) year following the release of an API Update for all depreciated API Service versions.

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Release Date: March 2025 Page 28 of 33
FUSUS Appendix

1. Access. Upon Axon granting Customer a subscription to FUSUS cloud services in the Quote, Customer may access and use FūsusONE Real Time Interoperability Solution services to for the purpose of viewing and managing Customer Content. Some Customer content contained in Axon Evidence may not be accessible or transferable to the FUSUS cloud services.

2. Product Limits. The following limitations apply to the below products:

Lite Basic Pro Enterprise Enterprise Plus
Total Number of Managed End Points 150 150 500 1500 4500 Max Number of Video Streams Connected 0 150 500 1500 4500 Indefinite Cloud Storage 2TB 5TB 10TB 30TB
Overages may result in additional fees or the need to upgrade products.

3. Disclaimer. Customer is responsible for use of any internet access devices and/or all third-party hardware, software, services, telecommunication services (including Internet connectivity), or other items used by Customer to access the service (“Third-Party Components”) are the sole and exclusive responsibility of Customer, and Axon has no responsibility for such Third-party Components, FUSUS cloud services, or Customer relationships with such third parties. Customer agrees to at all times comply with the lawful terms and conditions of agreements with such third parties. Axon does not represent or warrant that the FUSUS cloud services and the Customer Content are compatible with any specific third-party hardware or software or any other Third-Party Components. Customer is responsible for providing and maintaining an operating environment as reasonably necessary to accommodate and access the FUSUS cloud services.

4. Data Privacy. Axon may collect, use, transfer, disclose and otherwise process Customer Content in the context of facilitating communication of data with Customer through their use of FUSUS cloud services FUSUS app (iOS or Android interface), complying with legal requirements, monitoring the Customer’s use of FUSUS systems, and undertaking data analytics. Customer Content saved in Axon Cloud Services is the sole property of Customer and may not be distributed by Axon to any third parties outside of the Customer’s organization without the Customer’s expressed written consent.

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Axon Channel Services Appendix
This Appendix applies if Customer purchases Axon Channel Service, as set forth on the Quote.

1. Definitions.

1.1. "Axon Digital Evidence Management System" means Axon Evidence or Axon Evidence Local, as specified in the attached Channel Services Statement of Work.

1.2. "Active Channel" means a third-party system that is continuously communicating with an Axon Digital Evidence Management System.

1.3. "Inactive Channel" means a third-party system that will have a one-time communication to an Axon Digital Evidence Management System.

2. Scope. Customer currently has a third-party system or data repository from which Customer desires to share data with Axon Digital Evidence Management. Axon will facilitate the transfer of Customer’s third-party data into an Axon Digital Evidence Management System or the transfer of Customer data out of an Axon Digital Evidence Management System as defined in the Channel Services Statement of Work ("Channel Services SOW"). Channel Services will not delete any Customer Content. Customer is responsible for verifying all necessary data is migrated correctly and retained per Customer policy.

3. Changes. Axon is only responsible to perform the Services described in this Appendix and Channel Services SOW.

Any additional services are out of scope. The Parties must document scope changes in a written and signed change order. Changes may require an equitable adjustment in the charges or schedule.

4. Purpose and Use. Customer is responsible for verifying Customer has the right to share data from and provide access to third-party system as it relates to the Services described in this Appendix and the Channel Services SOW.

For Active Channels, Customer is responsible for any changes to a third-party system that may affect the functionality of the channel service. Any additional work required for the continuation of the Service may require additional fees.

An Axon Field Engineer may require access to Customer’s network and systems to perform the Services described in the Channel Services SOW. Customer is responsible for facilitating this access per all laws and policies applicable to Customer.

5. Project Management. Axon will assign a Project Manager to work closely with Customer’s project manager and project team members and will be responsible for completing the tasks required to meet all contract deliverables on time and budget.

6. Warranty. Axon warrants that it will perform the Channel Services in a good and workmanlike manner.

7. Monitoring. Axon may monitor Customer’s use of Channel Services to ensure quality, improve Axon devices and services, prepare invoices based on the total amount of data migrated, and verify compliance with this Agreement.

Customer agrees not to interfere with such monitoring or obscure from Axon Customer’s use of channel services.

8. Customer’s Responsibilities. Axon’s successful performance of the Channel Services requires Customer:

8.1. Make available its relevant systems for assessment by Axon (including making these systems available to Axon via remote access);

8.2. Provide access to the building facilities and where Axon is to perform the Channel Services, subject to safety and security restrictions imposed by the Customer (including providing security passes or other necessary documentation to Axon representatives performing the Channel Services permitting them to enter and exit Customer premises with laptop personal computers and any other materials needed to perform the Channel Services);

8.3. Provide all necessary infrastructure and software information (TCP/IP addresses, node names, and network configuration) for Axon to provide the Channel Services;

8.4. Ensure all appropriate data backups are performed;

8.5. Provide Axon with remote access to the Customer’s network and third-party systems when required for Axon to perform the Channel Services;

8.6. Notify Axon of any network or machine maintenance that may impact the performance of the Channel Services; and

8.7. Ensure the reasonable availability by phone or email of knowledgeable staff, personnel, system administrators,

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and operators to provide timely, accurate, complete, and up-to-date documentation and information to Axon (these contacts are to provide background information and clarification of information required to perform the Channel Services).

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Version: 22
Release Date: March 2025 Page 31 of 33
Axon Investigate Appendix
If the Quote includes Axon's On Prem Video Suite known as Axon Investigate or Third Party Video Support License, the following appendix shall apply.

1. License Grant. Subject to the terms and conditions specified below and upon payment of the applicable fees set forth in the Quote, Axon grants to Customer a nonexclusive, nontransferable license to install, use, and display the Axon Investigate software ("Software") solely for its own internal use only and for no other purpose, for the duration of subscription term set forth in the Quote. This Agreement does not grant Customer any right to enhancements or updates, but if such are made available to Customer and obtained by Customer they shall become part of the Software and governed by the terms of this Agreement.

2. Third-Party Licenses. Axon licenses several third-party codecs and applications that are integrated into the Software. Users with an active support contract with Axon are granted access to these additional features. By accepting this agreement, Customer agrees to and understands that an active support contract is required for all of the following features: DNxHD output formats, decoding files via the "fast indexing" method, proprietary file metadata, telephone and email support, and all future updates to the software. If Customer terminates the annual support contract with Axon, the features listed above will be disabled within the Software. It is recommended that users remain on an active support contract to maintain the full functionality of the Software.

3. Restrictions on Use. Customer may not permit any other person to use the Software unless such use is in accordance with the terms of this Agreement. Customer may not modify, translate, reverse engineer, reverse compile, decompile, disassemble or create derivative works with respect to the Software, except to the extent applicable laws specifically prohibit such restrictions. Customer may not rent, lease, sublicense, grant a security interest in or otherwise transfer Customer’s rights to or to use the Software. Any rights not granted are reserved to Axon.

4. Term. For purchased perpetual Licenses only—excluding Licenses leased for a pre-determined period, evaluation licenses, companion licenses, as well as temporary licenses--the license shall be perpetual unless Customer fails to observe any of its terms, in which case it shall terminate immediately, and without additional prior notice. The terms of Paragraphs 1, 2, 3, 5, 6, 8 and 9 shall survive termination of this Agreement. For licenses leased for a predetermined period, for evaluation licenses, companion licenses, as well as temporary licenses, the license is granted for a period beginning at the installation date and for the duration of the evaluation period or temporary period as agreed between Axon and Customer.

5. Title. Axon and its licensors shall have sole and exclusive ownership of all right, title, and interest in and to the Software and all changes, modifications, and enhancements thereof (including ownership of all trade secrets and copyrights pertaining thereto), regardless of the form or media in which the original or copies may exist, subject only to the rights and privileges expressly granted by Axon. This Agreement does not provide Customer with title or ownership of the Software, but only a right of limited use.

6. Copies. The Software is copyrighted under the laws of the United States and international treaty provisions. Customer may not copy the Software except for backup or archival purposes, and all such copies shall contain all Axon’s notices regarding proprietary rights as contained in the Software as originally provided to Customer. If Customer receives one copy electronically and another copy on media, the copy on media may be used only for archival purposes and this license does not authorize Customer to use the copy of media on an additional server.

7. Actions Required Upon Termination. Upon termination of the license associated with this Agreement, Customer agrees to destroy all copies of the Software and other text and/or graphical documentation, whether in electronic or printed format, that describe the features, functions and operation of the Software that are provided by Axon to Customer ("Software Documentation") or return such copies to Axon. Regarding any copies of media containing regular backups of Customer's computer or computer system, Customer agrees not to access such media for the purpose of recovering the Software or online Software Documentation.

8. Export Controls. None of the Software, Software Documentation or underlying information may be downloaded or otherwise exported, directly or indirectly, without the prior written consent, if required, of the office of Export Administration of the United States, Department of Commerce, nor to any country to which the U.S. has embargoed goods, to any person on the U.S. Treasury Department’s list of Specially Designated Nations, or the U.S. Department of Commerce’s Table of Denials.

9. U.S. Government Restricted Rights. The Software and Software Documentation are Commercial Computer Software provided with Restricted Rights under Federal Acquisition Regulations and Customer supplements to them.

Use, duplication or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFAR 255.227-7013 et. Seq. or 252.211-7015, or

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subparagraphs (a) through (d) of the Commercial Computer Software Restricted Rights at FAR 52.227-19, as applicable, or similar clauses in the NASA FAR Supplement. Contractor/manufacturer is Axon Enterprise, Inc., 17800 North 85th Street, Scottsdale, Arizona 85255.

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Release Date: March 2025 Page 33 of 33
Axon Event Offer Appendix
If the Agreement includes the provision of, or Axon otherwise offers, ticket(s), travel and/or accommodation for select events hosted by Axon (“Axon Event”), the following shall apply:

1. General. Subject to the terms and conditions specified below and those in the Agreement, Axon may provide Customer with one or more offers to fund Axon Event ticket(s), travel and/or accommodation for Customer-selected employee(s) to attend one or more Axon Events. By entering into the Agreement, Customer warrants that it is appropriate and permissible for Customer to receive the referenced Axon Event offer(s) based on Customer’s understanding of the terms and conditions outlined in this Axon Event Offer Appendix.

2. Attendee/Employee Selection. Customer shall have sole and absolute discretion to select the Customer employee(s) eligible to receive the ticket(s), travel and/or accommodation that is the subject of any Axon Event offer(s).

3. Compliance. It is the intent of Axon that any and all Axon Event offers comply with all applicable laws, regulations and ethics rules regarding contributions, including gifts and donations. Axon’s provision of ticket(s), travel and/or accommodation for the applicable Axon Event to Customer is intended for the use and benefit of Customer in furtherance of its goals, and not the personal use or benefit of any official or employee of Customer. Axon makes this offer without seeking promises or favoritism for Axon in any bidding arrangements. Further, no exclusivity will be expected by either party in consideration for the offer. Axon makes the offer with the understanding that it will not, as a result of such offer, be prohibited from any procurement opportunities or be subject to any reporting requirements.

If Customer’s local jurisdiction requires Customer to report or disclose the fair market value of the benefits provided by Axon, Customer shall promptly contact Axon to obtain such information, and Axon shall provide the information necessary to facilitate Customer's compliance with such reporting requirements.

4. Assignability. Customer may not sell, transfer, or assign Axon Event ticket(s), travel and/or accommodation provided under the Agreement.

5. Availability. The provision of all offers of Axon Event ticket(s), travel and/or accommodation is subject to availability of funds and resources. Axon has no obligation to provide Axon Event ticket(s), travel and/or accommodation.

6. Revocation of Offer. Axon reserves the right at any time to rescind the offer of Axon Event ticket(s), travel and/or accommodation to Customer if Customer or its selected employees fail to meet the prescribed conditions or if changes in circumstances render the provision of such benefits impractical, inadvisable, or in violation of any applicable laws, regulations, and ethics rules regarding contributions, including gifts and donations.

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ATTACHMENT C
RESOLUTION CC 2025-101

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

CALIFORNIA, TO APPROVE A TEN-YEAR LEASE AGREEMENT WITH
AXON ENTERPRISES INC. FOR A MOBILE AUDIO-VIDEO (MAV) INCAR SYSTEM AND BODY-WORN CAMERAS AND TO INCREASE THE POLICE DEPARTMENT BUDGET FY 2025-26 BUDGET EXPENDITURE
BY $132,231.43
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 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; and
WHEREAS, the Covina Police Department would like to enter into a ten-year lease agreement for a Mobile Audio/Video System and Body-Worn cameras with Axon Enterprises; and WHEREAS, the purchase of these systems including body-worn cameras, tasers and support equipment/accessories will replace the current outdated systems; and WHEREAS, the installation payment amount of $237,231.43 for the first year and subsequent years through FY 2034-35 will be using the general fund balance; and WHEREAS, appropriating $132,231.43 will increase the police department expenditure account for FY 2025-26 by the same amount.

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

SECTION 1. Amend the fiscal year 2025-2026 Police Department budget as follows:

Account Number Account Title Original Budget Increase Amended Budget 1010 1130 55556 Patrol Other Equip 200,000 $133,000 $133,000 SECTION 2. The City Clerk shall certify to the passage and adoption of this resolution and shall enter the same in the Book of Original Resolutions.

APPROVED and PASSED this 5
th day of August, 2025.

City of Covina, California
BY:

VICTOR LINARES, Mayor

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Resolution CC 2025-101 Page 2 of 2
ATTEST:
___________________________________________
FABIAN VELEZ, Chief Deputy City Clerk

CERTIFICATION
I, Fabian Velez, Chief Deputy City Clerk of the City of Covina, do hereby certify that Resolution CC 2025-101 was duly adopted by the City Council of the City of Covina at a regular meeting held on the 5
th day of August, 2025, by the following vote:

AYES: COUNCIL MEMBERS: NONE
NOES: COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
Dated:
____________________________________________
FABIAN VELEZ, Chief Deputy City Clerk

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CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. CC 21
Meeting: August 5, 2025
Title: 114 E. Italia Street Restaurant Remodel/Expansion Project – Project No. F2501 – Final Acceptance and Filing Notice of Completion
Presented by: Chris Marcarello, City Manager
Angel Carrillo, Deputy City Manager
Brian Lee, Deputy City Manager/Director of Community Development Recommendation: 1. Accept the work performed by Siterep Construction Services, Inc.;

2. Authorize the City Clerk to file a Notice of Completion for the 114 E. Italia Street Restaurant Remodel/Expansion Project – Project No. F2501; and

3. Approve Resolution CC 2025-100 appropriating $82,624.66 from Measure CC Fund – Fund Balance to be transferred into the General CIP Fund for project completion.

EXECUTIVE SUMMARY/BACKGROUND:

Following the City Council’s approval of a new restaurant lease agreement with Rosalie Covina, Inc. in August 2024, the City Council approved a contract with Siterep Construction Services, Inc. in the amount of $198,000 to construct an enclosed dining space, outdoor lounge, windows/doors and install related building improvements at the City-owned restaurant space at 114. E. Italia Street. During construction, it became apparent that additional health/safety repairs were necessary to ensure that the building would be suitable for use by the general public.

As such, additional maintenance and repair agreements were coordinated with specialized contractors to remediate hazardous materials, repair roof leaks, restore plumbing and gas services and repair the heating/ventilation system.

Construction is now complete and it is recommended that the City accept the work performed by Siterep Construction Services, Inc., and authorize the City Clerk to file a Notice of Completion (Attachment A) for the 114 E. Italia Street Restaurant Remodel/Expansion Project – Project No. F2501.

DISCUSSION:

Pursuant to the terms of its lease agreement with Rosalie Covina, on September 17, 2024, the City Council authorized a contract with Siterep Construction Services, Inc. for the construction of improvements at the Cityowned restaurant space at 114 E. Italia Street. The scope of work included the construction of an enclosed outdoor lounge area, the conversion of an existing patio space into an enclosed dining area, the installation of new windows/doors and other related building improvements. The associated improvements have been constructed to the satisfaction of the Public Works and Community Development Departments and it is recommended that the improvements be accepted and that a notice of completion be filed. A summary of related construction expenditures and funding sources are included in the tables below.

Construction Costs
Item Amount
Architectural Plans $ 21,457
Topographic Survey, Drainage Plan $ 6,400
Inspection Services $ 9,800
Site Demolition $ 24,999
Construction Contract $198,000
Construction Change Orders $ 86,701
Total Construction Cost $347,357

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Funding Sources
Item Amount
General Fund – Resolution CC 2024-88 $198,000
General Fund – Resolution 2024-89 $ 24,999
General Fund – Resolution 2025-12 $156,080
Total Sources $379,079
Additionally, during project construction, it became apparent that additional specialty health/safety repairs would be needed to ensure that the building was suitable for the general public. In order to facilitate this work, maintenance/repair agreements were authorized for the remediation of hazardous materials, roof repairs, the restoration of plumbing and water services, the repair of heating/ventilation system components and the installation of new landscape materials. A summary of the specialty repair expenses is included in the table below.

Specialty Health/Safety Repairs
Item Amount
Mold Remediation $ 28,100
Asbestos/Mold Testing and Survey $ 4,900
Roof Repairs $ 16,000
Painting $ 14,999
HVAC Repairs $ 12,100
Plumbing Repairs $ 6,200
Landscape Materials/Installation $ 19,102
Storage Shed $ 4,549
Total Construction Cost $105,950
The completion of these specialty health/safety repairs have been completed to the satisfaction of the Public Works and Community Development Departments. As anticipated, the restaurant operator expects to open for business in August 2025.

FISCAL IMPACT:

Project funding for the 114 E. Italia Street Restaurant Remodel/Expansion Project – Project No. F2501 was allocated as follows:

Source of Project Funds Amount Account Council Appropriation Action
General Fund – Transferred to
General CIP Fund
$198,000 4010-4000-55100-F2501 Resolution CC 2024-88
General Fund – Transferred to
General CIP Fund
$24,999 4010-4000-55100-F2501 Resolution CC 2024-89
General Fund – Transferred to
General CIP Fund
$156,080.40 4010-4000-55100-F2501 FY 2024-2025
Mid-Year Adjustment
Total $379,079.40
The following table conveys the final project expenditure summary:

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Construction Contract – Siterep Construction Services, Inc.

Item Actual
Siterep Construction Services, Inc. – (Contract Amount plus Change Orders) $284,701
Siterep Construction Services, Inc. – (Site Demolition) $24,999 Jake Martinez – (Architectural Plans) $21,456.51
CEJ Engineers, Inc – (On-Call Consulting Services –
Design & Inspection Services) $9,800
Elie Farah, Inc – (On-Call Consulting Services –
Topographic Survey, Drainage Plan) $6,400
Total Expenditures $347,357
Specialty Health/Safety Repairs
ADEP Precision Contracting, Inc. – (Mold Remediation) $28,100 Magnolia Environmental, LLC – (Asbestos & Mold
Surveys/Testing) $4,900.17
Legends Roofing, Inc. – (Roof Installation) $16,000
Dunwright Painting & Coating – (Exterior Paint
Installation) $14,999
Air On Time Co - (AC Unit Installation) $12,100
Melydan Plumbing, Inc – (Gas Line Installation) $6,200
Green Giant Landscape, Inc., Campania International LLC, Professional Creation Landscape – (Outdoor Railing and Landscape Installation)
$19,102
Tuff Shed, Inc – (Tuff Shed Purchase for Storage - Public Health Requirements)
$4,548.92
Total Expenditures $105,950
Approval of Resolution CC 2025-XX will appropriate $74,228 in Measure CC funds to be transferred into the General CIP Fund (project account number: 4010-4000-55100-F2501) in order to supplement the unanticipated specialty health/safety repairs needed to make the building suitable for use by the general public.

CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):

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

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Respectfully submitted,

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ATTACHMENT A

RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

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

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

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

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

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

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

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

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

NAMES ADDRESSES

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

NAMES ADDRESSES

7. A work of improvement on the property hereinafter described was completed on: August 1, 2025 . The work done was:
114 E. Italia Street Restaurant Remodel/Expansion Project

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

Siterep Construction Services, Inc. September 17, 2024
(If no contractor for work of improvement as a whole, insert “None”) (Date of Contract)

9. The property on which said work of improvement was completed in the City of: Covina County of Los Angeles , State of CA , and is described as follows:
114 E. Italia Street Restaurant Remodel/Expansion Project

10. The street address of said property is 114 E. Italia Street, Covina, CA (If no street address has been officially signed, insert “None”.) Dated August 5, 2025
Fabian Velez, Chief Deputy City Clerk, City of Covina

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

Executed on August 5 , 2025 at Covina , California .

Rafael M. Fajardo, City of Covina

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ATTACHMENT B
RESOLUTION CC 2025-100

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COVINA, CALIFORNIA, TO AMEND THE FISCAL YEAR 2024-2025 BUDGET AND REFLECT AN APPROPRIATION OF $74,228 FROM AVAILABLE

MEASURE CC FUND BALANCE TO BE TRANSFERRED INTO THE
GENERAL CIP FUND FOR USE TOWARDS THE 114 E. ITALIA STREET RESTAURANT REMODEL/EXPANSION PROJECT – PROJECT NO.

F2501
WHEREAS, the City of Covina is a municipal corporation duly organized and existing pursuant to the Constitution and laws of the State of California (“City”); and WHEREAS, the Fiscal Year 2025 Operating Budget & Capital Improvement Plan (CIP) was approved on June 4, 2024; and
WHEREAS, the approved Operating Budget and Capital Improvement Plan (CIP) is in accordance with all applicable ordinances of the City and all applicable statutes of the State; and WHEREAS, the City of Covina wishes to appropriate funds from available Measure CC Fund Balance to be transferred into the General CIP Fund for use towards the 114 E. Italia Street Restaurant Remodel/Expansion Project – Project No. F2501.

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

SECTION 1. Amend the Fiscal Year 2024-2025 Budget for the 114 E. Italia Street Restaurant Remodel/Expansion Project – Project No. F2501.

SECTION 2. Appropriate $74,228 from Measure CC Fund Balance to be transferred into the General CIP Fund as follows:

Account No. Account Description Amount ($) Increase/Decrease 1095-0000-
59140
Measure CC-Transfer
Out-Internal Service
Fund
$74,228 Increase
4010-4000-
49110-F2501
General CIP-CD AdminTransfer From GF-114
E. Italia Street Restaurant
Remodel/Expansion
Project
$74,228 Increase
4010-4000-
55100-F2501
General CIP-CD AdminBuildings/Structures-114 E.

Italia Street Restaurant
Remodel/Expansion Project
$74,228 Increase

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Resolution CC 2025-100 Page 2 of 2
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 5
th day of August, 2025.

City of Covina, California
BY:

VICTOR LINARES, Mayor
ATTEST:
___________________________________________
FABIAN VELEZ, Chief Deputy City Clerk

CERTIFICATION
I, Fabian Velez, Chief Deputy City Clerk of the City of Covina, do hereby certify that Resolution CC 2025-100 was duly adopted by the City Council of the City of Covina at a regular meeting held on the 5
th day of August, 2025, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Dated:
____________________________________
FABIAN VELEZ, Chief Deputy City Clerk

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CC Regular Meeting

AGENDA ITEM REPORT
ITEM NO. CC 22
Meeting: August 5, 2025
Title: Request to Amend the City’s Classification Plan to Establish the Classification of Neighborhood Preservation Manager
Presented by: Brian Lee, Deputy City Manager/Director of Community Development Joanna Espinosa, Human Resources Manager
Recommendation: That the City Council adopt Resolution CC 2025-97 to establish and amend the City's Classification plan, and establish the new job description and salary range for Neighborhood Preservation Manager within the Mid-Management, Supervisory and Professional, and Confidential and Technical Employees (Unaffiliated) Compensation Rules.

EXECUTIVE SUMMARY:

A review of the existing organizational staffing structure within the Code Enforcement division of the Community Development Department was recently completed to ensure operational needs and organizational goals are met.

The introduction of cannabis establishments requires that the City strengthens its enforcement capabilities. As such, the proposed changes of establishing a new job classification of Neighborhood Preservation Manager will compensate for the increased workload and complexity of the responsibilities that will be necessary to proactively manage and ensure compliance with local and state regulations, and community safety.

The job specification and salary schedule are attached with Resolution CC 2025-97 as Exhibit A, B, C, and D hereto.

BACKGROUND:

On July 16, 2024, City Council approved the Mid-Management, Supervisory and Professional, and Confidential and Technical Employees (Unaffiliated) Compensation Rules, including Section 3.A: Covered Classifications.

The attached Resolution to establish the new Neighborhood Preservation Manager job classification and salary ranges will amend Section 3 of the Unaffiliated Compensation Rules to include this new job classification.

DISCUSSION:

The Code Enforcement division operations has recently grown in size and workload including oversight of Sidewalk Vendor and Mobile Food Vendor regulations, program development, enforcement, and most recently the Department will also be responsible for cannabis program enforcement.

On July 15, 2025, City Council approved three Conditional Use Permits for cannabis retail establishments. With the recent approval of cannabis dispensary establishments within city limits, the proposed Neighborhood Preservation Manager classification will play a critical role to address the unique operational and compliance requirements related to cannabis dispensaries. This position will be responsible for conducting site inspections, reviewing licensing documentation, monitoring regulatory compliance, and coordinating enforcement actions when necessary.

Based on the review of the current staffing needs in the Code Enforcement division, it was determined that the changes being recommended herein are necessary to support the growing needs of the City’s operations and the internal and external customers it serves. Once the new Neighborhood Preservation Manager position is

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established, the Neighborhood Preservation Supervisor position will be reclassified to the Manager position and the Supervisor position will remain vacant and unbudgeted.

FISCAL IMPACT:

Funding for personnel was included in the City’s Fiscal Year 2025-26 budget. The proposed changes which total approximately $10,200 will be funded by the department’s budget including other sources such as cannabis tax revenues and licensing fees.

CEQA (CALIFORNIA ENVIRONMENTAL QUALITY ACT):

Not applicable.

Respectfully submitted,

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ATATCHMENT A
RESOLUTION CC 2025-97

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

CALIFORNIA, AMENDING THE CITY OF COVINA COMPENSATION

RULES FOR THE MID-MANAGEMENT, SUPERVISORY AND

PROFESSIONAL, AND CONFIDENTIAL AND TECHNICAL

EMPLOYEES
WHEREAS, the City of Covina (“City”) is a municipal corporation duly organized and existing pursuant to the Constitution and laws of the State of California; and WHEREAS, the Community Development Department and Human Resources desire to amend the City’s Classification Plan to establish the new job classification and salary range for Neighborhood Preservation Manager, thereby revising Sections 3.A. of the Compensation Rules for the Mid-Management, Supervisory and Professional, and Confidential and Technical Employees (Unaffiliated) and Salary Schedule; The job description for the position is attached to this Resolution as Exhibit A. The new job description and revised Unaffiliated Salary Schedules, June 28, 2025 (revised August 5, 2025), June 27, 2026, and June 26, 2027 are attached to this Resolution as Exhibits B, C, and D.

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

SECTION 1. The City Council approves and authorizes the Human Resources Manager to establish the amendments effective August 5, 2025, as follows:

A. Establish the classification of Neighborhood Preservation Manager.

B. The monthly salary range for Neighborhood Preservation Manager shall be added within the salary schedule for full-time Mid-Management employees starting at $9,506.84 (Step 1) to $12,740.07 (Step 7).

SECTION 2. The Chief Deputy 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 5th day of August, 2025.

City of Covina, California
BY:

VICTOR LINARES, Mayor
ATTEST:
___________________________________________
FABIAN VELEZ, Chief Deputy City Clerk

Page 287 of 382 ends

Resolution CC 2025-97 Page 2 of 2

CERTIFICATION
I, Fabian Velez, Deputy City Clerk of the City of Covina, do hereby certify that Resolution CC 2025-97 was duly adopted by the City Council of the City of Covina at a regular meeting held on the 5th day of August 2025, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Dated:

FABIAN VELEZ, Chief Deputy City Clerk

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CITY OF COVINA

NEIGHBORHOOD PRESERVATION MANAGER
DEFINITION:

Under general direction, plans, coordinates, and manages the City’s Code Enforcement program; performs complex and sensitive field inspections and investigations to enforce municipal, state and federal regulations and ordinances governing land use issues, hazards and public nuisances; inspects residential and commercial properties and transient businesses including cannabis establishments and food trucks, ensuring public health compliance; performs other related duties as required.

DISTINGUISHING CHARACTERISTICS:

The Neighborhood Preservation Manager is the mid-management level class responsible for conducting highly complex investigations and enforcement action against violators of the Covina Municipal Code and other federal, state, and local codes, regulations, and ordinances. This classification will be responsible for the Code Enforcement division and provides supervision to Neighborhood Preservation Officer staff.

Incumbent trains other team members, and coordinates with City Departments and regional agencies, utilizing knowledge of City programs, policies and procedures. Work requires independence and discretion in working with the public and in conducting field inspections, and involves a proactive implementation of applicable codes and regulations.

SUPERVISION RECEIVED/EXERCISED:

Receives general direction from the Director of Community Development and/or Deputy Director of Community Development & Building Official. Is responsible for supervising and assigning work to the Neighborhood Preservation Officer staff, administrative support, and technical staff.

ESSENTIAL FUNCTIONS: (include but are not limited to the following)  Plans, manages, and oversees the daily functions, operations, services and activities of the Code Enforcement division.
 Performs highly complex and sensitive field inspections and investigations of potential code violations including cannabis dispensary establishments; enforces City codes encompassing safety and health hazards, nuisance abatement, land use, and other compliance regulations within scope of authority.
 Oversees and conducts inspections of cannabis dispensaries, cultivation sites, and related facilities to ensure compliance with local and state regulations. Addresses violations and works with business owners to achieve compliance. Reviews applications for permits and renewals.  Collaborates with law enforcement officials and other City departments to ensure cannabis dispensaries are in full compliance with local and state regulations.

Class specifications are only intended to present a descriptive summary of the range of duties and responsibilities associated with specified positions. Therefore, specifications may not include all duties performed by individuals within a classification. In addition, specifications are intended to outline the minimum qualifications necessary for entry into the class and do not necessarily convey the qualifications of incumbents within the position.

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NEIGHBORHOOD PRESERVATION MANAGER

Page 2 ends

 Directs the preparation of cases for legal action; coordinates with law enforcement to obtain case information; gathers, analyzes and summarizes evidence and prepares reports; appears in Court or administrative hearings to present testimony; works directly with the prosecutor’s office.  Manages the inspection of food trucks and mobile food vendors to ensure adherence to health and safety standards. Addresses public complaints and ensures vendors are operating with proper permits and licenses.
 Collaborates with public health officials to monitor and enforce public health regulations, including sanitation, pest control, and other health-related codes. Responds to health-related complaints and conduct necessary inspections.
 Coordinates with other departments or organizations to plan and implement neighborhood preservation and enhancement initiative programs; provides outreach to the community and conducts meetings.
 Participates in the selection of assigned staff; Leads, supervises, trains the Neighborhood Preservation Officer staff; work with employees to correct deficiencies; update employees on current codes and regulations pertaining to code compliance.  Assigns work to staff responsible for City code compliance activities including zoning, public nuisances, property maintenance, building and safety, public health, safety, welfare, solid waste animal regulation ordinances, and planned development and special use issues; responds to citizen inquiries and complaints concerning potential code violations.  Assists in developing new municipal code sections and ordinances and in recommending changes to existing regulations.
 Recommends and assists in the implementation of goals and objectives for the Code Enforcement Division; develops, recommends, and implements City code compliance policies, procedures, and regulations for ensuring code compliance involving the application of related laws, ordinances, and regulations; analyzes, evaluates, and interprets Municipal Codes and other regulations.  Determines alternative methods to achieve code compliance involving application of related laws, ordinances, and regulations; consults with City Attorney, City staff, property owners, Police and Fire Departments, and other City departments.
 Monitors and evaluates the efficiency and effectiveness of service delivery methods and procedures; recommend, within departmental policy, appropriate service and staffing levels.  Participates in the preparation and administration of the assigned budget; submits budget recommendations; monitors general fund revenue and expenditure accounts for the Code Enforcement Division.
 Prepares case files, documents, evidence, reports and background data to substantiate violations; assists in preparing legal documentation, liens and case reports for court and administrative hearings, and testifies on behalf of the City as needed.  Responds to questions and concerns from the public, departmental staff and other agencies concerning potential code violations; provides information as appropriate and resolves service issues and complaints; cooperates with other agencies.

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NEIGHBORHOOD PRESERVATION MANAGER

Page 3 ends

 Establishes positive working relationships with representatives of community organizations, state/local agencies, City management and staff, and the public.

PHYSICAL, MENTAL AND ENVIRONMENTAL WORKING CONDITIONS:

Physical
Position requires sitting, standing, walking on level, uneven, and slippery surfaces, reaching, twisting, turning, kneeling, bending, stooping, squatting, crouching, grasping and making repetitive hand movement in the performance of daily duties. The position also requires both near and far vision when performing inspections, reading reports and work-related documents, and operating office equipment and city vehicles.

Acute hearing is required when providing phone and personal service. The need to lift, drag, carry and push tools, equipment and supplies weighing up to 25 pounds is also required.

Mental
Operations require almost continuous attention. Incumbents are required to use written and oral communication skills, read and interpret data, information and documents; analyze and solve problems; use math and mathematical reasoning; observe and interpret situations; learn and apply new information or new skills; perform highly detailed work on multiple, concurrent tasks; work under deadlines with constant interruptions; stay alert while driving in the community; and interact with City management, staff, the public and others encountered in the course of work.

Environmental
Work is generally performed in a standard office setting and outdoors; may be exposed to extreme weather conditions, including wet, hot, and cold; dangerous machinery, hazardous chemicals and lubricants which may expose incumbent to fumes, dust and air contaminants, and be exposed to mechanical and biological hazards and potential physical harm. The nature of the work also requires the incumbent to drive motorized vehicles, work in heavy vehicle traffic conditions and often work with constant interruptions. Incumbent may also be required to climb ladders, work at heights over 10 feet, work near hazardous traffic conditions, and drive in heavy vehicle traffic conditions.

Some of these requirements may be accommodated for otherwise qualified individuals requiring and requesting such accommodations.

QUALIFICATIONS: (The following are minimal qualifications necessary for entry into the classification.)
Education and/or Experience:

Any combination of education and experience that has provided the knowledge, skills and abilities necessary for a Neighborhood Preservation Manager. A typical way of obtaining the required qualifications is to possess a bachelor’s degree in urban planning, public administration or closely related field.

Six (6) years of increasingly responsible code enforcement experience including two (2) years as a supervisor; OR an equivalent combination of education, training and experience in municipal government code enforcement, building, business licensing, construction, public safety, or a related field.

Required Licenses/Certificates (at time of appointment):
 Possess and maintain a valid class C California driver’s license and satisfactory driving record.

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NEIGHBORHOOD PRESERVATION MANAGER

Page 4 ends

 California Association of Code Enforcement Officers certification.  California Penal Code, Section 832 (PC-832) Laws of Arrest certification.  If performing housing inspections, possession of a Housing Inspector certification.

KNOWLEDGE/ABILITIES/SKILLS: (The following are a representative sample of the KAS’s necessary to perform essential duties of the position.) Knowledge of:

Administrative principles and practices, including goal setting, program development, implementation and evaluations, project management, and supervision of staff, either directly or through subordinate levels of supervision; modern principles, practices and methods used in the enforcement of a variety of codes, permits and regulations, including housing and building codes, business license codes, fire codes and health laws; methods and techniques used in enforcement and investigation; law enforcement procedures and administrative techniques; rules of evidence and court procedures; basic principles of mathematics; applicable federal, state and local laws, codes and regulations; methods and techniques of scheduling work assignments; standard office procedures, practices and equipment; modern office equipment, including a computer and applicable software; methods and techniques of supervision, training and motivation; methods and techniques for record keeping and report preparation and writing; proper English, spelling and grammar; occupational hazards and standard safety practices.

Ability to:

Recommend and implement goals, objectives, and practices for providing effective and efficient services; plan, organize, direct and evaluate the work of subordinate staff ; inspect and analyze a variety of buildings and properties and identify code violations; appropriately apply codes and regulations to varying situations; effectively deal with angry and non-cooperative people; keep up with constantly changing laws and apply more complex principles, practices, techniques and regulations pertaining to assigned duties; facilitate appropriate corrective action from property owners regarding violations; perform mathematical calculations quickly and accurately; implement, explain and apply applicable laws, codes and regulations; read, interpret and record data accurately; organize, prioritize and follow-up on work assignments; work independently and as part of a team; make sound decisions within established guidelines; analyze a complex issue, and develop and implement an appropriate response; follow written and oral directions; observe safety principles and work in a safe manner; safely operate a vehicle; testify as a City representative in court and with outside agencies; communicate clearly and concisely, both orally and in writing; maintain accurate records and files of work performed; establish and maintain effective working relationships.

Skill to:

Operate an office computer and a variety of word processing and software applications. Interact and communicate effectively with members of the public, city staff, and officials.

BARGAINING UNIT: Unaffiliated
Established: August 5, 2025

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CITY OF COVINA

MID-MANAGEMENT, SUPERVISORY AND PROFESSIONAL, AND

CONFIDENTIAL AND TECHNICIAL EMPLOYEES
SALARY SCHEDULE EFFECTIVE JUNE 28, 2025

DESCRIPTION STEP HOURLY MONTHLY ANNUAL
6410 ACCOUNTANT 1 32.58 $ 5,647.34 $ 67,768.14 $
2 34.21 $ 5,930.33 $ 71,163.92 $
3 35.93 $ 6,227.15 $ 74,725.83 $
4 37.72 $ 6,537.82 $ 78,453.80 $
5 39.61 $ 6,865.40 $ 82,384.80 $
6 41.59 $ 7,208.67 $ 86,504.04 $
7 43.67 $ 7,569.10 $ 90,829.24 $
6270 ACCOUNTING SUPERVISOR 1 41.30 $ 7,159.40 $ 85,912.74 $ 2 43.37 $ 7,517.36 $ 90,208.37 $
3 45.54 $ 7,893.23 $ 94,718.80 $
4 47.81 $ 8,287.89 $ 99,454.74 $
5 50.21 $ 8,702.29 $ 104,427.48 $
6 52.72 $ 9,137.41 $ 109,648.86 $
7 55.35 $ 9,594.27 $ 115,131.30 $
6020 ADMINISTRATIVE TECHNICIAN 1 25.63 $ 4,442.23 $ 53,306.80 $ 6543 2 26.91 $ 4,664.34 $ 55,972.13 $
3 28.25 $ 4,896.89 $ 58,762.69 $
4 29.66 $ 5,141.36 $ 61,696.34 $
5 31.15 $ 5,399.25 $ 64,791.02 $
6 32.71 $ 5,669.21 $ 68,030.57 $
7 34.34 $ 5,952.67 $ 71,432.10 $
6460 BUILDING OFFICIAL 1 46.72 $ 8,098.67 $ 97,184.08 $ 2 49.06 $ 8,504.06 $ 102,048.68 $
3 51.51 $ 8,928.89 $ 107,146.62 $
4 54.08 $ 9,374.66 $ 112,495.89 $
5 56.79 $ 9,844.36 $ 118,132.35 $
6 59.63 $ 10,336.58 $ 124,038.96 $
7 62.62 $ 10,853.41 $ 130,240.91 $
6470 CITY ENGINEER 1 61.28 $ 10,622.16 $ 127,465.97 $
2 64.35 $ 11,153.27 $ 133,839.28 $
3 67.56 $ 11,710.94 $ 140,531.25 $
4 70.94 $ 12,296.48 $ 147,557.80 $
5 74.49 $ 12,911.31 $ 154,935.69 $
6 78.21 $ 13,556.87 $ 162,682.48 $
7 82.12 $ 14,234.72 $ 170,816.60 $
6040 DEPUTY CITY CLERK 1 30.58 $ 5,301.39 $ 63,616.64 $ 2 32.11 $ 5,566.16 $ 66,793.88 $
3 33.72 $ 5,844.39 $ 70,132.66 $
4 35.40 $ 6,136.09 $ 73,633.03 $
5 37.17 $ 6,442.74 $ 77,312.86 $
6 39.03 $ 6,764.88 $ 81,178.51 $
7 40.98 $ 7,103.12 $ 85,237.44 $

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CITY OF COVINA

MID-MANAGEMENT, SUPERVISORY AND PROFESSIONAL, AND

CONFIDENTIAL AND TECHNICIAL EMPLOYEES
SALARY SCHEDULE EFFECTIVE JUNE 28, 2025

DESCRIPTION STEP HOURLY MONTHLY ANNUAL
6042 DEPUTY CITY CLERK/RECORDS MANAGER 1 38.59 $ 6,688.58 $ 80,262.98 $ 2 40.52 $ 7,023.01 $ 84,276.13 $
3 42.54 $ 7,374.16 $ 88,489.94 $
4 44.67 $ 7,742.87 $ 92,914.43 $
5 46.90 $ 8,130.01 $ 97,560.16 $
6 49.25 $ 8,536.51 $ 102,438.16 $
7 51.71 $ 8,963.34 $ 107,560.07 $
6465 DEPUTY DIRECTOR OF ADMINISTRATIVE SERVICES - 1 62.81 $ 10,887.72 $ 130,652.61 $ FINANCE 2 65.95 $ 11,432.10 $ 137,185.24 $
3 69.25 $ 12,003.71 $ 144,044.51 $
4 72.71 $ 12,603.89 $ 151,246.73 $
5 76.35 $ 13,234.09 $ 158,809.07 $
6 80.17 $ 13,895.79 $ 166,749.52 $
7 84.18 $ 14,590.58 $ 175,087.00 $
6464 DEPUTY DIRECTOR OF ADMINISTRATIVE SERVICES - 1 62.81 $ 10,887.72 $ 130,652.61 $ HUMAN RESOURCES 2 65.95 $ 11,432.10 $ 137,185.24 $
3 69.25 $ 12,003.71 $ 144,044.51 $
4 72.71 $ 12,603.89 $ 151,246.73 $
5 76.35 $ 13,234.09 $ 158,809.07 $
6 80.17 $ 13,895.79 $ 166,749.52 $
7 84.18 $ 14,590.58 $ 175,087.00 $
6461 DEPUTY DIRECTOR OF COMMUNITY 1 61.28 $ 10,622.16 $ 127,465.97 $ DEVELOPMENT & BUILDING OFFICIAL 2 64.35 $ 11,153.27 $ 133,839.28 $ 3 67.56 $ 11,710.94 $ 140,531.25 $
4 70.94 $ 12,296.48 $ 147,557.80 $
5 74.49 $ 12,911.31 $ 154,935.69 $
6 78.21 $ 13,556.87 $ 162,682.48 $
7 82.12 $ 14,234.72 $ 170,816.60 $
6462 DEPUTY DIRECTOR OF PUBLIC WORKS/ 1 69.12 $ 11,980.74 $ 143,768.94 $ CITY ENGINEER 2 72.58 $ 12,579.78 $ 150,957.38 $
3 76.20 $ 13,208.77 $ 158,505.25 $
4 80.01 $ 13,869.21 $ 166,430.51 $
5 84.02 $ 14,562.67 $ 174,752.03 $
6 88.22 $ 15,290.80 $ 183,489.64 $
7 92.63 $ 16,055.34 $ 192,664.12 $
6463 DEPUTY DIRECTOR OF PUBLIC WORKS - 1 65.66 $ 11,381.71 $ 136,580.49 $ OPERATIONS AND TRANSPORTATION 2 68.95 $ 11,950.79 $ 143,409.51 $ 3 72.39 $ 12,548.33 $ 150,579.99 $
4 76.01 $ 13,175.75 $ 158,108.98 $
5 79.81 $ 13,834.54 $ 166,014.44 $
6 83.81 $ 14,526.26 $ 174,315.15 $
7 88.00 $ 15,252.58 $ 183,030.91 $

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CITY OF COVINA

MID-MANAGEMENT, SUPERVISORY AND PROFESSIONAL, AND

CONFIDENTIAL AND TECHNICIAL EMPLOYEES
SALARY SCHEDULE EFFECTIVE JUNE 28, 2025

DESCRIPTION STEP HOURLY MONTHLY ANNUAL
6450 ECONOMIC DEVELOPMENT MANAGER 1 52.12 $ 9,033.92 $ 108,407.04 $ 2 54.72 $ 9,485.62 $ 113,827.40 $
3 57.46 $ 9,959.90 $ 119,518.77 $
4 60.33 $ 10,457.89 $ 125,494.71 $
5 63.35 $ 10,980.79 $ 131,769.45 $
6 66.52 $ 11,529.83 $ 138,357.92 $
7 69.84 $ 12,106.32 $ 145,275.82 $
6135 ENVIRONMENTAL SERVICES ANALYST 1 37.00 $ 6,412.88 $ 76,954.52 $ 2 38.85 $ 6,733.52 $ 80,802.25 $
3 40.79 $ 7,070.20 $ 84,842.37 $
4 42.83 $ 7,423.71 $ 89,084.48 $
5 44.98 $ 7,797.20 $ 93,566.43 $
6 47.23 $ 8,187.06 $ 98,244.74 $
7 49.59 $ 8,596.42 $ 103,156.98 $
6132 ENVIRONMENTAL SERVICES 1 44.82 $ 7,769.58 $ 93,234.98 $ AND TRANSPORTATION MANAGER 2 47.06 $ 8,157.01 $ 97,884.16 $ 3 49.42 $ 8,565.39 $ 102,784.66 $
4 51.88 $ 8,993.21 $ 107,918.50 $
5 54.48 $ 9,443.47 $ 113,321.60 $
6 57.21 $ 9,915.64 $ 118,987.68 $
7 60.07 $ 10,411.42 $ 124,937.07 $
6493 EQUIPMENT MAINTENANCE SUPERINTENDENT 1 39.29 $ 6,810.46 $ 81,725.50 $ 2 41.26 $ 7,150.98 $ 85,811.77 $
3 43.32 $ 7,508.53 $ 90,102.35 $
4 45.48 $ 7,883.96 $ 94,607.48 $
5 47.76 $ 8,278.15 $ 99,337.85 $
6 50.15 $ 8,692.06 $ 104,304.74 $
7 52.65 $ 9,126.66 $ 109,519.97 $
6140 EQUIPMENT MAINTENANCE 1 34.81 $ 6,033.99 $ 72,407.89 $ SUPERVISOR 2 36.56 $ 6,336.49 $ 76,037.89 $
3 38.39 $ 6,653.53 $ 79,842.41 $
4 40.30 $ 6,985.12 $ 83,821.42 $
5 42.32 $ 7,335.61 $ 88,027.34 $
6 44.44 $ 7,702.39 $ 92,428.71 $
7 46.66 $ 8,087.51 $ 97,050.15 $
6027 EXECUTIVE ASSISTANT TO THE 1 31.66 $ 5,487.73 $ 65,852.74 $ CITY MANAGER 2 33.24 $ 5,762.34 $ 69,148.10 $
3 34.91 $ 6,050.53 $ 72,606.42 $
4 36.65 $ 6,352.31 $ 76,227.67 $
5 38.48 $ 6,670.68 $ 80,048.12 $
6 40.41 $ 7,004.21 $ 84,050.52 $
7 42.43 $ 7,354.42 $ 88,253.04 $

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CITY OF COVINA

MID-MANAGEMENT, SUPERVISORY AND PROFESSIONAL, AND

CONFIDENTIAL AND TECHNICIAL EMPLOYEES
SALARY SCHEDULE EFFECTIVE JUNE 28, 2025

DESCRIPTION STEP HOURLY MONTHLY ANNUAL
6028 EXECUTIVE ASSISTANT TO THE 1 31.66 $ 5,487.73 $ 65,852.74 $ POLICE CHIEF 2 33.24 $ 5,762.34 $ 69,148.10 $
3 34.91 $ 6,050.53 $ 72,606.42 $
4 36.65 $ 6,352.31 $ 76,227.67 $
5 38.48 $ 6,670.68 $ 80,048.12 $
6 40.41 $ 7,004.21 $ 84,050.52 $
7 42.43 $ 7,354.42 $ 88,253.04 $
6070 FINANCE MANAGER 1 56.53 $ 9,797.67 $ 117,572.07 $
2 59.35 $ 10,286.74 $ 123,440.87 $
3 62.31 $ 10,801.00 $ 129,612.05 $
4 65.43 $ 11,341.94 $ 136,103.31 $
5 68.70 $ 11,908.07 $ 142,896.90 $
6 72.14 $ 12,503.48 $ 150,041.74 $
7 75.74 $ 13,128.65 $ 157,543.83 $
6124 GIS ANALYST 1 38.83 $ 6,731.20 $ 80,774.35 $
2 40.78 $ 7,069.37 $ 84,832.45 $
3 42.82 $ 7,422.62 $ 89,071.48 $
4 44.96 $ 7,793.11 $ 93,517.30 $
5 47.21 $ 8,182.98 $ 98,195.76 $
6 49.57 $ 8,592.13 $ 103,105.56 $
7 52.05 $ 9,021.74 $ 108,260.83 $
6315 HUMAN RESOURCES ANALYST 1 35.64 $ 6,177.45 $ 74,129.36 $ 2 37.42 $ 6,486.87 $ 77,842.40 $
3 39.29 $ 6,810.43 $ 81,725.11 $
4 41.26 $ 7,151.26 $ 85,815.14 $
5 43.32 $ 7,509.37 $ 90,112.48 $
6 45.49 $ 7,884.84 $ 94,618.11 $
7 47.76 $ 8,279.08 $ 99,349.01 $
6320 HUMAN RESOURCES MANAGER 1 60.35 $ 10,460.97 $ 125,531.70 $ 2 63.36 $ 10,983.15 $ 131,797.82 $
3 66.53 $ 11,532.23 $ 138,386.79 $
4 69.86 $ 12,109.79 $ 145,317.50 $
5 73.35 $ 12,714.25 $ 152,571.02 $
6 77.02 $ 13,349.96 $ 160,199.57 $
7 80.87 $ 14,017.46 $ 168,209.55 $
6185 INFORMATION TECHNOLOGY 1 61.28 $ 10,622.16 $ 127,465.97 $ SERVICES MANAGER 2 64.35 $ 11,153.27 $ 133,839.28 $
3 67.56 $ 11,710.94 $ 140,531.25 $
4 70.94 $ 12,296.48 $ 147,557.80 $
5 74.49 $ 12,911.31 $ 154,935.69 $
6 78.21 $ 13,556.87 $ 162,682.48 $
7 82.12 $ 14,234.72 $ 170,816.60 $

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CITY OF COVINA

MID-MANAGEMENT, SUPERVISORY AND PROFESSIONAL, AND

CONFIDENTIAL AND TECHNICIAL EMPLOYEES
SALARY SCHEDULE EFFECTIVE JUNE 28, 2025

DESCRIPTION STEP HOURLY MONTHLY ANNUAL
6180 INFORMATION TECHNOLOGY TECHNICIAN 1 32.20 $ 5,580.82 $ 66,969.82 $ 2 33.81 $ 5,859.86 $ 70,318.31 $
3 35.50 $ 6,152.85 $ 73,834.22 $
4 37.27 $ 6,460.49 $ 77,525.93 $
5 39.14 $ 6,783.52 $ 81,402.23 $
6 41.09 $ 7,122.70 $ 85,472.34 $
7 43.15 $ 7,478.83 $ 89,745.96 $
6148 LIBRARIAN I 1 32.87 $ 5,698.09 $ 68,377.13 $
2 34.52 $ 5,983.00 $ 71,795.98 $
3 36.24 $ 6,282.15 $ 75,385.78 $
4 38.06 $ 6,596.26 $ 79,155.08 $
5 39.96 $ 6,926.07 $ 83,112.83 $
6 41.96 $ 7,272.37 $ 87,268.47 $
7 44.05 $ 7,635.99 $ 91,631.89 $
6149 LIBRARIAN II 1 35.43 $ 6,140.51 $ 73,686.15 $
2 37.20 $ 6,447.54 $ 77,370.45 $
3 39.06 $ 6,769.91 $ 81,238.97 $
4 41.01 $ 7,108.41 $ 85,300.92 $
5 43.06 $ 7,463.83 $ 89,565.96 $
6 45.21 $ 7,837.02 $ 94,044.27 $
7 47.47 $ 8,228.87 $ 98,746.47 $
6147 LIBRARY MANAGER 1 50.60 $ 8,770.08 $ 105,240.92 $
2 53.13 $ 9,208.58 $ 110,502.96 $
3 55.78 $ 9,669.01 $ 116,028.12 $
4 58.57 $ 10,152.46 $ 121,829.51 $
5 61.50 $ 10,660.08 $ 127,921.00 $
6 64.58 $ 11,193.09 $ 134,317.06 $
7 67.80 $ 11,752.74 $ 141,032.91 $
6146 LIBRARY SERVICES SUPERVISOR 1 39.29 $ 6,810.46 $ 81,725.50 $ 2 41.25 $ 7,149.44 $ 85,793.27 $
3 43.31 $ 7,507.25 $ 90,087.04 $
4 45.47 $ 7,882.19 $ 94,586.25 $
5 47.76 $ 8,277.67 $ 99,332.01 $
6 50.14 $ 8,691.55 $ 104,298.62 $
7 52.65 $ 9,126.13 $ 109,513.56 $
6141 LITERACY PROGRAM COORDINATOR 1 34.79 $ 6,029.88 $ 72,358.53 $ 6142 2 36.52 $ 6,330.55 $ 75,966.58 $
3 38.35 $ 6,647.67 $ 79,772.09 $
4 40.27 $ 6,979.76 $ 83,757.11 $
5 42.29 $ 7,329.79 $ 87,957.52 $
6 44.40 $ 7,696.28 $ 92,355.40 $
7 46.62 $ 8,081.10 $ 96,973.17 $

Page 297 of 382 ends

CITY OF COVINA

MID-MANAGEMENT, SUPERVISORY AND PROFESSIONAL, AND

CONFIDENTIAL AND TECHNICIAL EMPLOYEES
SALARY SCHEDULE EFFECTIVE JUNE 28, 2025

DESCRIPTION STEP HOURLY MONTHLY ANNUAL
6150 MANAGEMENT ANALYST 1 35.64 $ 6,177.45 $ 74,129.36 $ 6550 2 37.42 $ 6,486.87 $ 77,842.40 $
3 39.29 $ 6,810.43 $ 81,725.11 $
4 41.26 $ 7,151.26 $ 85,815.14 $
5 43.32 $ 7,509.37 $ 90,112.48 $
6 45.49 $ 7,884.84 $ 94,618.11 $
7 47.76 $ 8,279.08 $ 99,349.01 $
6160 MANAGEMENT ANALYST TRAINEE 1 28.18 $ 4,885.08 $ 58,620.91 $ 6161 2 29.59 $ 5,129.40 $ 61,552.83 $
3 31.07 $ 5,385.36 $ 64,624.35 $
4 32.62 $ 5,654.41 $ 67,852.95 $
5 34.25 $ 5,936.55 $ 71,238.60 $
6 35.96 $ 6,233.38 $ 74,800.54 $
7 37.76 $ 6,545.05 $ 78,540.56 $
6451 NEIGHBORHOOD PRESERVATION MANAGER 1 54.85 $ 9,506.84 $ 114,082.04 $ 2 57.59 $ 9,982.18 $ 119,786.14 $
3 60.47 $ 10,481.29 $ 125,775.44 $
4 63.49 $ 11,005.35 $ 132,064.21 $
5 66.67 $ 11,555.62 $ 138,667.42 $
6 70.00 $ 12,133.40 $ 145,600.81 $
7 73.50 $ 12,740.07 $ 152,880.84 $
6110 NEIGHBORHOOD PRESERVATION SUPERVISOR 1 41.24 $ 7,148.00 $ 85,775.97 $ 2 43.30 $ 7,505.40 $ 90,064.77 $
3 45.47 $ 7,880.67 $ 94,568.00 $
4 47.74 $ 8,274.70 $ 99,296.40 $
5 50.13 $ 8,688.44 $ 104,261.22 $
6 52.63 $ 9,122.86 $ 109,474.29 $
7 55.26 $ 9,579.00 $ 114,948.00 $
6356 PARKS AND BUILDING SUPERINTENDENT 1 40.08 $ 6,946.67 $ 83,360.01 $ 2 42.08 $ 7,294.00 $ 87,528.00 $
3 44.18 $ 7,658.70 $ 91,904.40 $
4 46.39 $ 8,041.64 $ 96,499.63 $
5 48.71 $ 8,443.72 $ 101,324.61 $
6 51.15 $ 8,865.90 $ 106,390.83 $
7 53.71 $ 9,309.20 $ 111,710.37 $
6230 PARKS AND RECREATION MANAGER 1 50.60 $ 8,770.08 $ 105,240.92 $ 2 53.13 $ 9,208.58 $ 110,502.96 $
3 55.78 $ 9,669.01 $ 116,028.12 $
4 58.57 $ 10,152.46 $ 121,829.51 $
5 61.50 $ 10,660.08 $ 127,921.00 $
6 64.58 $ 11,193.09 $ 134,317.06 $
7 67.80 $ 11,752.74 $ 141,032.91 $

Page 298 of 382 ends

Covina City CouncilAugust 5, 2025

Covina City Council
August 5, 2025