Agenda packet, regular meeting — West Covina City Council, February 3, 2026 (part 3 of 3)

AMENDMENT #1
TO
CONTRACT #010521-BCI
THIS AMENDMENT is by and between Sourcewell and BCI Burke Company, LLC (Vendor).

Vendor was awarded a Sourcewell Contract for Playground and Water Play Equipment with Related Accessories and Services effective February 15, 2021, through February 17, 2025, relating to the provision of services by Vendor to Sourcewell and its Members (Original Agreement).

The parties agree that certain terms within the Original Agreement will be updated and amended and only to the extent as hereunder provided.

IN CONSIDERATION OF the mutual covenants and agreements described in this Amendment, the parties agree as follows:

1. This Amendment is effective upon the date of the last signature below.

2. Table 13: Audit and Administrative Fee—Line Item Question 63 of the Proposal is deleted in its entirety and replaced with the following new language:

RESPONSE: Burke is pleased to offer an administrative fee of 2% of the customer price of all products and services, excluding freight and bond charges, invoiced/sold under the Sourcewell contract. This fee will be reported and paid to Sourcewell on a quarterly basis. The sale will be reported, and the fee paid once full payment is received from the Sourcewell customer. Burke agrees not to up-charge or offset the administrative fees to Sourcewell Members.

Page 2 of 2 ends

Except as amended by this Amendment, the Original Agreement remains in full force and effect.

Sourcewell BCI Burke Company, LLC
By: By:

Authorized Signature Authorized Signature
Jeremy Schwartz Marianne Larson
Name – Printed Name – Printed
Title: Director of Operations & Procurement/CPO Title:

Date: Date:

Sourcewell–APPROVED:

By:

Authorized Signature
Chad Coauette
Name – Printed
Title: Executive Director/CEO
Date:

Page 1 of 1 ends

AMENDMENT #2
TO
CONTRACT #010521-BCI
THIS AMENDMENT is by and between Sourcewell and BCI Burke Company, LLC (Vendor).

Sourcewell awarded Vendor a contract for Playground and Water Play Equipment with Related Accessories and Services effective February 15, 2021, through February 17, 2025, relating to the provision of services by Vendor to Sourcewell and its Members (Original Agreement).

The parties agree that certain terms within the Original Agreement will be amended and only to the extent as hereunder provided.

IN CONSIDERATION OF the mutual covenants and agreements described in this Amendment, the parties agree as follows:

1. This Amendment is effective upon the date of the last signature below.

2. Section 18. Insurance, Subsection A. Requirements, Item 5 Professional/Technical Errors and Omissions of the Original Agreement is deleted in its entirety.

Except as amended by this Amendment, the Original Agreement remains in full force and effect.

Sourcewell BCI Burke Company, LLC
By: By:

Jeremy Schwartz Doug Pietrowski
Title: Director of Operations & Procurement/CPO Title:

Date: Date:

Sourcewell–APPROVED:

By:

Chad Coauette
Title: Executive Director/CEO
Date:

Page 1 of 1 ends

AMENDMENT #3
TO
CONTRACT #010521-BCI
THIS AMENDMENT is effective upon the date of the last signature below by and between Sourcewell and BCI Burke Company, LLC (Vendor).

The parties agree that certain terms within the Original Agreement will be amended and only to the extent as hereunder provided.

IN CONSIDERATION OF the mutual covenants and agreements described in this Amendment, the parties agree as follows:

The response to question 49 in Table 10 of the Proposal is clarified to read: "Payment for equipment items will be due within 30 days after the products ship. Service-related items will typically be invoiced at completion of the project and will be due within 30 days of the invoice date. Larger projects may require progress payments, in which case, these terms will be clearly noted on the customer quotation." Except as amended by this Amendment, the Original Agreement remains in full force and effect.

Sourcewell BCI Burke Company, LLC
By: By:

Jeremy Schwartz Marianne Larson
Title: Director of Operations & Procurement/CPO Title:

Date: Date:

Sourcewell–APPROVED:

By:

Chad Coauette
Title: Executive Director/CEO
Date:

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BCI Burke Company, LLC #010521-BUR
Pricing for contract #010521-BUR is provided at the following discount levels to Sourcewell participating agencies:

Burke Playground Equipment
7% Discount off MSRP
Additional volume discounting available beginning at $50,000 List price Burke Turf and Burke Tile Surfacing products
5% Discount off MSRP
Shade Systems Shade Products

3.5% Discount off MSRP
A separate pricing file for all contracted products has been provided. Please refer to this document for additional pricing information.

ATTACHMENT NO. 4
HOME : CONNECT : FIND YOUR REPRESENTATIVE : CALIFORNIA

FIND YOUR CALIFORNIA COMMERCIAL

PLAYGROUND EQUIPMENT REPRESENTATIVE
California is a place of history and beauty with destinations like Hollywood, Yosemite National Park, Disneyland and the Golden Gate Bridge. Bringing the highest level of play, playgrounds, recreation and outdoor fitness equipment to all of California is our passion, mission and business. With so much to offer, who wouldn’t want to be outside moving, playing and having fun – and, as a bonus, developing skills such as cognitive planning, problem solving and communication. We partner with the best local Representatives to bring the best in play to their communities! Play is essential to health, well-being and helps bring communities together outdoors. We invite California to Join Our Movement and see how play can move you!
11/4/25, 11:23 AM Find Your California Commercial Playground Equipment Representative https://www.bciburke.com/california-playground-equipment 1/4 ATTACHMENT NO. 5
Located in Folsom, CA 95630
Phone:916-955-5744
Website:bciburke.com
Contact This Representative
Alex Rebenok & Vera Pakshina
Meet Alex and Vera, a passionate couple and your new representatives for BCI Burke in Northeast California! Originally from Russia, their love for playgrounds began in 2008, inspired by our daughter. They spent countless hours there, dreaming of creating safer and more fun spaces for all children.

This passion led them to open their own successful playground company in Russia. Now, Alex and Vera are excited to bring that expertise to California, representing BCI Burke.

Family is important to Alex and Vera and you'll often find them at playgrounds with their daughters. They also love exploring the outdoors, snowboarding, and cross-country skiing (a reminder of our snowy roots!).

Alex and Vera believe playgrounds foster growth and happiness, and that's why they are thrilled to partner with BCI Burke to bring amazing playspaces to communities and schools across Northeast California. Let's get playing! Address: 121 Industrial Rd #1
Belmont, CA 94002
Country: US
Phone:800-475-1071
Website:specifiedplayequipment.com
Contact This Representative
Specified Play Equipment Co
11/4/25, 11:23 AM Find Your California Commercial Playground Equipment Representative https://www.bciburke.com/california-playground-equipment 2/4 Specified Play Equipment Company provides turnkey solutions to help manage your project from schematic design through construction. David Yosso, Principal, has managed more than 300 park and playground projects throughout Northern California. Yosso has built a team that is passionate about parks and play area design. Our motto is #LearnbyPlaying and we believe play should be spontaneously selected, individually directed, and inherently educational. The type of manufacturer's SPEC chooses to work with provide self regulated play experiences for all ages and abilities to exercise risk, failure, and mastery. SPEC is the Exclusive Partner and Distributor of BCI Burke in Northern California along with other hand selected manufacturers that share our philosophy on play and landscape.

Located in Laguna Niguel, CA 95630
Phone:920-251-9120
Website:bciburke.com
Contact This Representative
James Ferguson
James Ferguson enjoys helping customers bring their dream playspace to life! With over a decade of industry experience, James values Burke’s commitment to customer service and innovative, high-quality products. His favorite part of the job is guiding customers from the initial concept to the grand opening of their projects.

James supports his customers to ensure the best solution for their project. His mission is to bring inspiring play to communities across the West. His current favorite Burke equipment is the 360 Loop, promoting inclusive and independent play for children of all abilities.

Address: 12407 E Slauson Ave #D
Whittier, CA 90606
Country: US
Phone:562-693-5200
Website:innovativeplaygrounds.com
Contact This Representative
11/4/25, 11:23 AM Find Your California Commercial Playground Equipment Representative https://www.bciburke.com/california-playground-equipment 3/4 Innovative Playgrounds Co
The team at Innovative Playgrounds Company brings over 40 years of combined commercial playground sales and construction experience in the park, recreation, school, and childcare industries. They are a well-established and professional representative firm serving California for some of the most prestigious manufacturers around the country.

As a full turn-key service company, Innovative Playgrounds offers FREE site assessments, design consultations, funding resources, and project management for playground and fitness equipment, safety surfacing, shade structures, sport and site amenities. Innovative Playgrounds is not about selling you playground equipment today, but developing a lasting partnership for tomorrow. They are committed to making a difference in the lives of children by providing safe, fun, and quality playground equipment. They build on providing first class service by establishing relationships that demonstrate what we believe in: customer trust.

Most of all, their team is dedicated to changing every community they are involved with by impacting the development of our children and their future. 11/4/25, 11:23 AM Find Your California Commercial Playground Equipment Representative https://www.bciburke.com/california-playground-equipment 4/4 ATTACHMENT NO. 6
Trademark(s) are the property of BCI Burke Company. © BCI Burke Company 2026. All rights reserved. bciburke.com • 800.266.i250
Burke Generations Warranty
BCI Burke Company, LLC (“Burke”) warrants that all standard products are warranted to be free from defects in materials and workmanship, under normal use and service, for a period of one (1) year from the date of shipment.

We stand behind our products.

In addition, the following products are warranted, under normal use and service from the date of shipment as follows:
• One Hundred (100) Year Limited Warranty on aluminum and steel upright posts (including Nucleus®, Nucleus Evolution®, Nucleus Aspire®, Intensity®, Level X®, Synergy®, Synergy Imagination® & 4ME®) against structural failure due to corrosion, deterioration or workmanship. • One Hundred (100) Year Limited Warranty on KoreKonnect® Clamp Castings against structural failure due to corrosion, deterioration or workmanship. • One Hundred (100) Year Limited Warranty on Hardware (nuts, bolts, washers). • One Hundred (100) Year Limited Warranty on bolt-through and direct-bolt fastening and clamp systems (Synergy®, Intensity®, Nucleus®). • Twenty-Five (25) Year Limited Warranty on spring assemblies. • Fifteen (15) Year Limited Warranty on structure platforms and decks, metal roofs, table tops, bench tops, railings and barriers against structural failure due to materials or workmanship.
• Fifteen (15) Year Limited Warranty on all plastic components against structural failure due to materials or workmanship. • Ten (10) Year Limited Warranty on ShadePlay® Canopies fabric, threads, and cables against degradation, cracking or material breakdown resulting from ultraviolet exposure, natural deterioration or manufacturing defects. This warranty is limited to the design loads as stated in the specifications. • Ten (10) Year Limited Warranty on NaturePlay® Boulders and GFRC products against structural failure due to natural deterioration or workmanship. Natural wear, which may occur with any concrete product with age, is excluded from this warranty. • Ten (10) Year Limited Warranty on Full Color Custom Signage against manufacturing defects that cause delamination or degradation of the sign. Full Color Custom Signs also carry a two (2) year warranty against premature fading of the print and graphics on the signs. • Five (5) Year Limited Warranty on Nucleus®, Intensity®, and RopeVenture® cables against premature wear due to natural deterioration or manufacturing defects.

Determination of premature wear will be at the manufacturer’s discretion. • Five (5) Year Limited Warranty on rubber belt material against premature wear due to natural deterioration or manufacturing defects. Determination of premature wear will be at the manufacturer’s discretion. • Five (5) Year Limited Warranty on moving parts, including swing components, against structural failure due to materials or workmanship. • Five (5) Year Limited Warranty on PlayEnsemble® cables and mallets against defects in materials and workmanship. • Three (3) Year Limited Warranty on electronic panel speakers, sound chips and circuit boards against electronic failure caused by manufacturing defects.

The warranty stated above is valid only if the equipment is erected in conformity with the layout plan and/or installation instructions furnished by BCI Burke Company, LLC using approved parts; have been maintained and inspected in accordance with BCI Burke Company, LLC instructions. Burke’s liability and your exclusive remedy hereunder will be limited to repair or replacement of those parts found in Burke’s reasonable judgment to be defective. Any claim made within the above stated warranty periods must be made promptly after discovery of the defect. A part is covered only for the original warranty period of the applicable part. Replacement parts carry the applicable warranty from the date of shipment of the replacement from Burke. After the expiration of the warranty period, you must pay for all parts, transportation and service charges.

Burke reserves the right to accept or reject any claim in whole or in part. Burke will not accept the return of any product without its prior written approval. Burke will assume transportation charges for shipment of the returned product if it is returned in strict compliance with Burke’s written instructions.

THE FOREGOING WARRANTIES ARE EXCLUSIVE AND IN LIEU OF ANY OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IF THE FOREGOING DISCLAIMER OF ADDITIONAL WARRANTIES IS NOT GIVEN FULL

FORCE AND EFFECT, ANY RESULTING ADDITIONAL WARRANTY SHALL BE LIMITED IN DURATION TO THE EXPRESS WARRANTIES AND BE OTHERWISE SUBJECT TO AND LIMITED BY THE TERMS OF BURKE’S PRODUCT WARRANTY. SOME STATES DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Warranty Exclusions: The above stated warranties do not cover: “cosmetic” defects, such as scratches, dents, marring, or fading; damage due to incorrect installation, vandalism, misuse, accident, wear and tear from normal use, exposure to extreme weather; immersion in salt or chlorine water, unauthorized repair or modification, abnormal use, lack of maintenance, or other cause not within Burke’s control; and Limitation of Remedies: Burke is not liable for consequential or incidental damages, including but not limited to labor costs or lost profits resulting from the use of or inability to use the products or from the products being incorporated in or becoming a component of any other product. If, after a reasonable number of repeated efforts, Burke is unable to repair or replace a defective or nonconforming product, Burke shall have the option to accept return of the product, or part thereof, if such does not substantially impair its value, and return the purchase price as the buyer’s entire and exclusive remedy. Without limiting the generality of the foregoing, Burke will not be responsible for labor costs involved in the removal of products or the installation of replacement products. Some states do not allow the exclusion of incidental damages, so the above exclusion may not apply to you.

The environment near a saltwater coast can be extremely corrosive. Some corrosion and/or deterioration is considered “normal wear” in this environment.

Product installed within 500 yards of a saltwater shoreline will only be covered for half the period of the standard product warranty, up to a maximum of five years, for defects caused by corrosion. Products installed in direct contact with saltwater or that are subjected to salt spray are not covered by the standard warranty for any defects caused by corrosion.

Contact your local Burke Representative for warranty information regarding Burke Turf® and Burke Tile products.

Pricing: Prices published in this catalog are in USD, are approximate and do not include shipping & handling, surfacing, installation nor applicable taxes. All prices are subject to change without notice. Contact your Burke representative for current pricing. Payments are to be made in USD.

Weights: Weights are approximate and may vary with actual orders.

Installation: All equipment is shipped unassembled. For a list of factorycertified installers in your area, please contact your Burke representative.

Specifications: Product specifications in this catalog were correct at the time of publication. However, product improvements are ongoing at Burke, and we reserve the right to change or discontinue specifications without notice.

Loss or Damage in Transit: A signed bill of lading is our receipt from a carrier that our shipment to you was complete and in good condition upon arrival.

Before you sign, please check the Bill of Lading carefully when the shipment arrives to make sure nothing is missing and there are no damages. Once the shipment leaves our plant, we are no longer responsible for any damage, loss or shortage.

For more information regarding the warranty, call Customer Service at 920-921-9220 or 800-356-2070. 01/2026 Terms of Sale
Printed in the U.S.A. 96993C (Rev. J - 02/22)

LIMITED PRODUCT WARRANTY

SOFTWARE LICENSE
FIRST YEAR - - The Manufacturer warrants every cooler, bottle filling station, packaged water chiller, fountain and accessory to be free from defects in materials and workmanship under normal use for one (1) year from date of install or eighteen (18) months from date of shipment from factory, whichever occurs first. The Manufacturer warrants every LK44 Series outdoor tubular fountain and bottle filling station to be free from defects in materials and workmanship under normal use for five (5) years from the date of install or sixty-six (66) months from date of shipment from factory, whichever occurs first. This extended warranty does not apply to freeze resistant assemblies.

SECOND THROUGH FIFTH YEARS - The Manufacturer warrants the compressor and hermetically sealed refrigeration system, including cooling coils or tank assembly when part of the hermetically sealed refrigeration system, to be free from defects in material and workmanship under normal use for an additional four (4) years from the end of the one (1) year period described above. Packaged water chillers are not subject to the additional four (4) year warranty when used in chilled water commercial/industrial applications other than for potable water.

INSTALLATION AND OPERATION - The foregoing Limited Warranty applies only when the product is installed and operated in accordance with the Manufacturer’s written instructions included with each unit. These products are designed to operate on 20 psi to 105 psi supply line pressure. Non-filtered Bi-level units require a minimum of 40 psi supply line pressure to ensure adequate stream height from each bubbler when activated simultaneously. Bi-level filtered models, regardless of supply line pressure, cannot provide adequate stream height from each bubbler when activated simultaneously. The Limited Warranty does not apply to products, which on examination by the Manufacturer or its agent, are found to have been subjected to accident, alteration, abuse, misuse, misapplications, corrosive type atmospheres, or abnormal use.

OWNER’S OBLIGATIONS - It is the owner's obligation to pay for any repairs or maintenance not covered by the Limited Warranty, including service calls related to non-warranty issues. Any appearance imperfections are to be noted at time of installation, and the installer or the supplier notified without delay. In the case of products located within the United States or Canada, it is the owner's responsibility to allow access to the unit for the authorized service center to repair on site and/ or remove unit from wall to repair at the authorized service center's discretion. In the case of products located outside the United States or Canada, the owner is to return any part for which replacement is sought to the closest authorized service center or to the manufacturer's factory repair department.

MANUFACTURER’S OBLIGATIONS - When the product is located within the United States or Canada, the Manufacturer’s obligation under this Limited Warranty is limited to the labor and parts to repair or replace any part which is expressly covered by this Limited Warranty at one of its authorized service centers or at its factory repair department. The warranty applicable to any replacement unit shall be the remaining warranty period on the replaced unit. The Manufacturer’s obligation also includes cost of outbound freight (but not express freight) of the part or parts from an authorized service center or the factory repair department, but only if the Manufacturer determines that the part or parts, and the purported defect or defects, are covered by this Limited Warranty.

When the product is located outside the United States or Canada, the Manufacturer’s obligation under this Limited Warranty is limited to providing a replacement part for any part expressly covered by this Limited Warranty which, upon examination by the Manufacturer or its agent, is found to be defective, but does not include any obligation to provide labor or to pay labor costs incurred in connection with the replacement. The Manufacturer’s obligations also include cost of outbound freight (but not express freight) of the part or parts from the factory repair department to (but not beyond) the port in the United States from which the part or parts are shipped to the ultimate destination, but only if the Manufacturer determines that the part or parts, and the purported defect or defects, are covered by this Limited Warranty.

WHAT WARRANTY DOES NOT COVER - This Limited Warranty does not include payment for any field labor to provide for normal maintenance including adjustments such as water stream height, water temperature or electric eye sensitivity. The water system and regulating valve are not covered by this Limited Warranty if they become inoperative due to liming, sand or similar residue. This Limited Warranty is voided if repairs are made by an unauthorized party or the serial number data plate is removed or defaced. Normal deterioration of finish due to use and exposure is not covered by this Limited Warranty. Corrosion of materials is also not covered by this Limited Warranty. The Manufacturer is not liable for repairs, whether cosmetic or structural, to walls where cooler, bottle filler, fountain and packaged water coolers are built into the wall. If inlet pressure is above 105 psi, a pressure regulator must be installed in the supply line. Any damage caused by reason of connecting this water cooler, bottle filler, fountain or packaged water cooler to supply line pressures lower than 20 psi or higher than 105 psi is not covered by this warranty.

PERSONS ENTITLED TO BENEFIT OF WARRANTY - This Limited Warranty is applicable only to (i) purchasers who purchase the product for the resale in the ordinary course of business, and (ii) the first person who purchases the product other than resale.

SOFTWARE LICENSE PROVISIONS - To the extent the product includes embedded software, the owner and those using the product are granted a restricted, nonexclusive license to use such embedded software. Title to the embedded software shall at times remain with the embedded software licensor. The owner and those using the product shall not remove or alter notices, legends or trademarks contained in the embedded software, nor shall they translate, reverse engineer, decompile or disassemble the embedded software except to the extent applicable law specifically prohibits this restriction. The embedded software is provided "as is" and any warranty offered herein is by or through the Manufacturer. Further information concerning this license of embedded software is available from the Manufacturer.

THIS LIMITED WARRANTY IS IN LIEU OF ALL OTHER EXPRESS WARRANTIES, EXPRESSED OR IMPLIED, ARISING BY LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE MANUFACTURER MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, ARISING BY LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO ANY PERSON. THIS WARRANTY MAY NOT BE ALTERED, VARIED, OR EXTENDED, EXCEPT BY A WRITTEN INSTRUMENT EXECUTED BY THE MANUFACTURER. THE REMEDY OF REPAIR OR, WHERE APPLICABLE, REPLACEMENT AS PROVIDED UNDER THIS LIMITED WARRANTY IS EXCLUSIVE. IN NO EVENT SHALL THE MANUFACTURER BE LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES TO ANY PERSON, WHETHER OR NOT OCCASIONED BY NEGLIGENCE OF THE MANUFACTURER, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF USE, COSTS OR SUBSTITUTION, PROPERTY DAMAGE, OR OTHER MONETARY LOSS.

This Limited Warranty gives specific legal rights and in some states of the United States there may be other rights which vary from state to state.

DATE OF INSTALLATION __________________________
SERIAL NUMBER __________________________
(To Be Filled in By Installer)
Form to be left with the owner by the installer.

Elkay Sales, Inc
1333 Butterfield Road, Suite 200
Downers Grove, IL 60515
800.260.6640
ATTACHMENT NO. 7
96993C (Rev. J - 02/22)
GARANTÍA LIMITADA DEL PRODUCTO

LICENCIA DE SOFTWARE
PRIMER AÑO: El fabricante garantiza que todo enfriador de agua, estación llenadora de botellas, enfriador de agua empaquetado, fuente de agua potable y accesorio sea libre de defectos de material y mano de obra bajo uso normal durante un (1) año a partir de la fecha de instalación o dieciocho (18) meses a partir de la fecha de envío de la fabrica, lo que ocurra primero. El fabricante garantiza que todas las estaciones llenadoras de botellas y bebederos tubulares para exteriores de la serie LK44 estarán libres de defectos en sus materiales y en la mano de obra bajo uso normal por cinco (5) años desde la fecha de instalación o sesenta y seis (66) meses a partir la fecha de envío desde la fábrica, lo que ocurra primero. Esta garantía extendida no se aplica a los conjuntos resistentes a la congelación.

SEGUNDO HASTA EL QUINTO AÑO: El fabricante garantiza que el compresor y el sistema de refrigeración herméticamente sellado, que incluye serpentines de enfriamiento o conjuntos de tanque cuando son parte del sistema de refrigeración herméticamente sellado, estarán libres de defectos en sus materiales y en la mano de obra bajo condiciones de uso normal durante cuatro (4) años adicionales a partir del término del período de un (1) año descrito anteriormente. Los enfriadores de agua empaquetados no están sujetos a la garantía de cuatro (4) años adicionales cuando se usan en aplicaciones comerciales o industriales de agua enfriada que no sean para agua potable.

INSTALACIÓN Y FUNCIONAMIENTO: La garantía limitada mencionada anteriormente solo se aplica cuando el producto se instala y opera de acuerdo con las instrucciones por escrito del fabricante que se incluyen con cada unidad. Estos productos están diseñados para funcionar con presiones de tubería de suministro de 20 a 105 psi. Las unidades de dos niveles sin filtración requieren un mínimo de 40 psi de presión de tubería de suministro para garantizar una altura de flujo adecuada de cada boquilla cuando se activen simultáneamente. Los modelos de dos niveles con filtro, sin considerar la presión de tubería de suministro, no pueden producir una altura de flujo adecuada de cada boquilla cuando se activan simultáneamente. La garantía limitada no se aplica a los productos que, una vez sometidos a revisión por parte del fabricante o su agente, se determine que han sufrido accidentes, alteraciones, o han sido sometidos a abuso, uso indebido, aplicación incorrecta, ambientes corrosivos o uso anormal.

OBLIGACIONES DEL PROPIETARIO: Es obligación del propietario pagar cualquier reparación o mantenimiento que no esté cubierto por la garantía limitada, lo que incluye llamadas al servicio técnico relacionadas con problemas que no cubre la garantía.

Cualquier imperfección que se observe se debe señalar al momento de la instalación y se debe informar inmediatamente al instalador o al proveedor. En el caso de productos que se encuentren dentro de los Estados Unidos o Canadá, será responsabilidad del propietario permitir el acceso a la unidad para que el centro de servicio técnico autorizado realice la reparación en el lugar o retire la unidad para repararla, según sea su criterio. En el caso de productos que se encuentren fuera de los Estados Unidos o Canadá, el propietario debe devolver cualquier pieza que se solicite reemplazar, al centro de servicio técnico autorizado más cercano o al Departamento de Reparaciones del fabricante.

OBLIGACIONES DEL FABRICANTE: Cuando el producto se encuentre dentro de los Estados Unidos o Canadá, la obligación del fabricante según esta garantía limitada estará restringida a la mano de obra y piezas necesarias para reparar o reemplazar cualquier pieza que esté expresamente cubierta por esa garantía limitada en uno de sus centros de servicio técnico o en el Departamento de Reparaciones del fabricante. La garantía aplicable a cualquier unidad que se reemplace corresponderá al período de garantía restante de la unidad reemplazada. La obligación del fabricante también incluye el costo del flete de salida (pero no el flete expreso), de la pieza o piezas desde un centro de servicio técnico autorizado o del Departamento de Reparaciones del fabricante, pero solo si el fabricante determina que la pieza o piezas y el supuesto defecto o defectos están cubiertos por esta garantía limitada.

Cuando el producto se encuentre fuera de los Estados Unidos o Canadá, la obligación del fabricante según esta garantía limitada estará restringida a proporcionar la pieza de reemplazo para cualquier pieza cubierta expresamente por esta garantía limitada, que luego de ser sometida a revisión por el fabricante o su agente se determine que esté defectuosa, pero no considera ninguna obligación de proporcionar mano de obra ni de pagar costos de mano de obra incurridos en relación con el reemplazo. La obligación del fabricante también incluye el costo del flete de salida (pero no el flete expreso), de la pieza o piezas desde el Departamento de Reparaciones del fabricante hasta (pero no más allá) el puerto en los Estados Unidos desde el cual la pieza o piezas se envíen a su destino final, pero solo si el fabricante determina que la pieza o piezas y el supuesto defecto o defectos están cubiertos por esta garantía limitada.

LO QUE NO CUBRE ESTA GARANTÍA: Esta garantía limitada no incluye el pago de mano de obra en terreno para realizar mantenimiento normal, lo que incluye ajustes tales como la altura del flujo de agua, la temperatura del agua o la sensibilidad de la célula fotoeléctrica. El sistema de agua y la válvula reguladora no están cubiertos por esta garantía limitada si dejan de funcionar a causa de la presencia de calcificación, arena o residuos similares. Esta garantía limitada quedará nula si una parte no autorizada realiza reparaciones o si se retira o deforma la placa de datos del número de serie. El deterioro normal del acabado debido al uso y la exposición no está cubierto por esta garantía limitada. Esta garantía limitada tampoco cubre la corrosión de los materiales. El fabricante no será responsable por reparaciones estéticas o estructurales, a las paredes en las que estén empotrados los enfriadores, las llenadoras de botellas, las fuentes de agua potable y los enfriadores de agua empaquetados. Si la presión de entrada es mayor que 105 psi, se debe instalar un regulador de presión en la tubería de suministro. Cualquier daño provocado a causa de la conexión de este enfriador de agua, llenadora de botellas, fuente de agua potable o enfriador de agua empaquetado a presiones de tubería de suministro inferiores a 20 psi o superiores a 105 psi no está cubierto por esta garantía.

PERSONAS CON DERECHO A LOS BENEFICIOS DE LA GARANTÍA: Esta garantía limitada se aplica solo a (i) compradores que adquirieron el producto para la reventa como parte del desarrollo normal de las actividades comerciales y (ii) la primera persona que compra el producto excepto para la reventa.

DISPOSICIONES DE LA LICENCIA DE SOFTWARE - En la medida que el producto incluye software integrado, se otorga al dueño, y a aquellos que utilicen el producto, una licencia restringida y no exclusiva para utilizar tal software integrado. El derecho al software integrado permanecerá, en todo momento, en poder del creador del software integrado. El dueño y aquellos que usen el producto no eliminarán ni modificarán las notas, leyendas o marcas registradas contenidas en el software integrado; ni traducirán, aplicarán ingeniería inversa, descompilarán o desensamblarán el software integrado; excepto en la medida en que la ley correspondiente prohíba específicamente esta restricción. El software integrado se proporciona “tal como está” y cualquier garantía ofrecida aquí se aplica por o a través del fabricante. Para obtener mayor información disponible sobre esta licencia de software integrado, comuníquese con el fabricante.

ESTA GARANTÍA LIMITADA REEMPLAZA A TODAS LAS DEMÁS GARANTÍAS, EXPRESAS O IMPLÍCITAS QUE SE APLIQUEN POR LEY O DE ALGUNA OTRA MANERA, LO QUE INCLUYE, ENTRE OTRAS, LAS GARANTÍAS IMPLÍCITAS DE COMERCIABILIDAD E IDONEIDAD PARA UN PROPÓSITO EN PARTICULAR. A EXCEPCIÓN DE LO AQUÍ DISPUESTO EXPRESAMENTE, EL FABRICANTE NO PROPORCIONA NINGUNA GARANTÍA EXPRESA O IMPLÍCITA QUE SE APLIQUEN POR LEY O EN OTRAS CIRCUNSTANCIAS, LO QUE INCLUYE, ENTRE OTRAS, GARANTÍAS IMPLÍCITAS DE COMERCIABILIDAD E IDONEIDAD PARA UN PROPÓSITO EN PARTICULAR. ESTA GARANTÍA NO SE PUEDE ALTERAR, MODIFICAR NI EXTENDER, EXCEPTO MEDIANTE UN DOCUMENTO POR ESCRITO FIRMADO POR EL FABRICANTE. LA SOLUCIÓN O REPARACIÓN, O CUANDO CORRESPONDA, EL REEMPLAZO, SEGÚN LO DISPUESTO POR ESTA GARANTÍA LIMITADA ES EXCLUSIVO. EN NINGÚN CASO EL FABRICANTE SERÁ RESPONSABLE POR NINGÚN DAÑO INDIRECTO O INCIDENTAL ANTE NINGUNA PERSONA, SEA O NO A CAUSA DE NEGLIGENCIA DEL FABRICANTE, LO QUE INCLUYE, ENTRE OTROS, DAÑOS POR PÉRDIDA DE USO, COSTOS O SUSTITUCIÓN, DAÑO A LA PROPIEDAD U OTRAS PÉRDIDAS MONETARIAS.

Esta garantía limitada otorga derechos legales específicos y en algunos estados de los Estados Unidos puede haber otros derechos que varían de un estado a otro.

FECHA DE INSTALACIÓN __________________________
NÚMERO DE SERIE __________________________
(Debe llenarlos el instalador) El instalador debe dejar el formulario en posesión del propietario.

GARANTIE LIMITÉE DU PRODUIT

LICENCE DE LOGICIELE
PREMIÈRE ANNÉE - Le Fabricant garantit que chaque refroidisseur, chaque station de remplissage de bouteilles, chaque refroidisseur d’eau monobloc, chaque fontaine et chaque accessoire est exempt de tout défaut de matériaux ou de fabrication dans le cadre d’une utilisation normale d’un (1) an à compter de la date d’installation, ou de dix-huit (18) mois à compter de la date d’expédition de l’usine. Le Fabricant garantit que chaque fontaine tubulaire extérieure et station de remplissage de bouteilles Série LK44 est exempte de tout défaut de matériaux ou de fabrication dans le cadre d’une utilisation normale de cinq (5) ans à compter de la date d’installation, ou de soixante-six (66) mois à compter de la date d’expédition de l’usine, à la première de ces occurrences. La présente garantie étendu ne s’applique pas ensembles résistant au gel.

DEUXIÈME À CINQUIÈME ANNÉE - Le Fabricant garantit que le compresseur et le système de réfrigération hermétiquement scellé, y compris les serpentins de refroidissement ou l’ensemble réservoir, lorsqu’ils font partie du système de réfrigération hermétiquement scellé, sont exempts de tout défaut de matériaux ou de fabrication dans le cadre d’une utilisation normale de quatre (4) années supplémentaires à compter de la fin de la période d’un (1) an indiquée ci-dessus. Les refroidisseurs d’eau monobloc ne sont pas soumis à la garantie supplémentaire de quatre (4) ans lorsqu’ils sont utilisés dans des applications commerciales/industrielles de refroidissement d’eau autres que pour l’eau potable.

INSTALLATION ET FONCTIONNEMENT - Cette Garantie limitée n’est applicable que si le produit est installé et utilisé conformément aux instructions écrites du Fabricant, lesquelles instructions sont incluses dans chaque unité. Ces produits sont conçus pour fonctionner avec une pression de conduite d’alimentation de 20 psi à 105 psi. Les unités à deux niveaux sans filtre nécessitent une pression de conduite d’alimentation minimale de 40 psi pour assurer une hauteur de jet adéquate pour chaque barboteur en cas d’activation simultanée. Quelle que soit la pression de la conduite d’alimentation, les modèles à deux niveaux avec filtre, lorsqu’ils sont activés simultanément, ne peuvent fournir une hauteur de jet adéquate pour chaque barboteur. Cette Garantie limitée ne s’applique pas aux produits qui, après examen du Fabricant ou de son mandataire, ont permis de constater qu’ils ont fait l’objet d’un accident, d’une altération, d’un usage abusif ou d’un mauvais usage, d’une application erronée ou exposés dans un environnement de type corrosif ou utilisés de façon anormale.

OBLIGATIONS DU PROPRIÉTAIRE - Le propriétaire a l’obligation de payer pour toute réparation ou tout entretien non couvert(e) par cette Garantie limitée, y compris les appels de service non couverts par ladite garantie. Toutes imperfections sur l’aspect du produit doivent être notées au moment de l’installation, et l’installateur ou le fournisseur doit en être averti immédiatement. En ce qui concerne les produits situés aux États-Unis ou au Canada, le propriétaire du produit a la responsabilité de permettre au centre de réparation homologué d'accéder à l'unité en vue de la réparer sur site et/ou de la détacher du mur pour la réparer à la discrétion du centre de réparation homologué. En ce qui concerne les produits situés en dehors des États-Unis ou du Canada, le propriétaire est tenu de renvoyer tout composant à remplacer au centre de réparation homologué le plus proche ou au service de réparation en usine.

OBLIGATIONS DU FABRICANT - En ce qui concerne les produits situés aux États-Unis ou au Canada, l’obligation du Fabricant dans le cadre de cette Garantie limitée ne concerne que la main d’œuvre et les pièces nécessaires pour réparer ou remplacer toute pièce explicitement couverte par cette Garantie limitée à un de ses centres de réparation homologués ou à son service de réparation en usine. La garantie applicable à toute unité de remplacement doit être la période restante de la garantie de l’unité remplacée. Le Fabricant est également tenu de payer les frais de fret sortant (mais non un envoi en express) de la ou des pièces émanant d’un centre de réparation autorisé ou du service de réparation en usine, mais seulement si le Fabricant établit que la ou les pièces, ainsi que le(s) prétendu(s) défauts sont couverts par cette Garantie limitée.

Lorsque le produit est situé en dehors des États-Unis ou du Canada, l’obligation du Fabricant dans le cadre de cette Garantie limitée est limitée à la fourniture d’une pièce de rechange pour toute pièce explicitement couverte par cette Garantie limitée qui, suite à un examen du Fabricant ou de son mandataire, est jugée défectueuse ; cette obligation n’inclut pas la fourniture d’une main d’œuvre ni le paiement de frais de main d’œuvre encourus en relation avec le remplacement de la pièce de rechange. Le Fabricant est également tenu de payer les frais de fret sortant (et non le fret express) d’une ou des pièces émanant du service de réparation en usine jusqu’au port des États-Unis (mais pas au-delà) d’où la ou les pièces seront expédiées vers leur destination finale, mais seulement si le Fabricant établit que la ou les pièces ainsi que le(s) prétendu(s) défaut(s) est/sont couvert(s) par cette Garantie limitée.

ÉLÉMENTS NON COUVERTS PAR LA GARANTIE - Cette Garantie limitée n’inclut pas le paiement de frais de main d’œuvre sur place concernant l’entretien normal, y compris les réglages nécessaires tels que la hauteur du jet d’eau, la température de l’eau ou la sensibilité de la cellule photoélectrique. Le système d’alimentation et la vanne de réglage ne sont pas couverts par cette Garantie limitée si leur fonctionnement est entravé par la chaux, le sable ou résidu similaire. Cette Garantie limitée est annulée si des réparations sont effectuées par une personne non autorisée, ou si la plaque signalétique du numéro de série est enlevée ou rendue illisible. La détérioration normale de la finition due à l’usage et l’exposition n’est pas couverte par cette Garantie limitée. La corrosion des matériaux n’est pas couverte non plus par cette Garantie limitée. Le Fabricant n’est pas responsable des réparations esthétiques ou structurelles effectuées sur les murs où le refroidisseur, la remplisseuse de bouteilles, la fontaine et le refroidisseur d’eau monobloc sont installés au mur. Si la pression d’entrée est supérieure à 105 psi, un régulateur de pression doit être installé dans la conduite d’alimentation. Tout dommage causé par le raccordement de ce refroidisseur d’eau, cette remplisseuse de bouteilles, cette fontaine et ce refroidisseur d’eau monobloc à une conduite d’alimentation ayant une pression inférieure à 20 psi ou supérieure à 105 psi n’est pas couvert par cette garantie.

PERSONNES HABILITÉES À BÉNÉFICIER DE LA GARANTIE - Cette Garantie limitée est applicable uniquement (i) aux acheteurs qui achètent le produit pour la revente dans le cadre normal des activités commerciales et, (ii) au premier acheteur qui achète le produit dans un but autre que la revente.

DISPOSITIONS DE LA LICENCE DE LOGICIEL - Dans la mesure où le produit comporte un logiciel intégré, une licence restreinte et non exclusive est accordée au propriétaire et aux utilisateurs du produit pour l’utilisation de ce logiciel intégré. Les droits du logiciel intégré sont détenus en permanence par le donneur de licence du logiciel intégré. Le propriétaire et les utilisateurs du produit ne devront ni supprimer ni modifier les avis, légendes et marques de commerce contenus dans le logiciel intégré et ne devront pas traduire, rétroconcevoir, décompiler ni désassembler le logiciel intégré sauf dans la mesure où la loi en vigueur interdit spécifiquement une telle restriction. Le logiciel intégré est fourni « en l’état » et toute garantie offerte aux présentes est offerte par ou à travers le Fabricant. De plus amples renseignements concernant cette licence de logiciel intégré sont disponibles auprès du Fabricant.

CETTE GARANTIE LIMITÉE REMPLACE TOUTES LES AUTRES GARANTIES EXPRESSES, EXPLICITES OU IMPLICITES, EN VERTU DE LOI OU AUTREMENT, Y COMPRIS MAIS SANS SE LIMITER AUX GARANTIES IMPLICITES DE QUALITÉ MARCHANDE ET D’ADÉQUATION À DES FINS PARTICULIÈRES. SAUF DISPOSITIONS EXPRESSES DE CE DOCUMENT, LE FABRICANT N’ACCORDE AUCUNE GARANTIE EXPRESSE, EXPLICITE OU IMPLICITE, EN VERTU DE LOI OU AUTREMENT, Y COMPRIS MAIS SANS SE LIMITER AUX GARANTIES IMPLICITES DE QUALITÉ MARCHANDE ET D’ADÉQUATION À DES FINS PARTICULIÈRES. CETTE GARANTIE NE PEUT ÊTRE MODIFIÉE, CHANGÉE OU PROROGÉE, SAUF PAR UN INSTRUMENT ÉCRIT SIGNÉ PAR LE FABRICANT. LE RECOURS À LA RÉPARATION OU, SI BESOIN, AU REMPLACEMENT TEL QUE PRÉVU AUX TERMES DE CETTE GARANTIE LIMITÉE EST EXCLUSIF. EN AUCUN CAS, LE FABRICANT NE PEUT ÊTRE TENU RESPONSABLE DES DOMMAGES CONSÉCUTIFS OU FORTUITS À TOUTE PERSONNE, QU’ILS SOIENT OU NON CAUSÉS PAR UNE NÉGLIGENCE DU FABRICANT, Y COMPRIS MAIS SANS SE LIMITER AUX DOMMAGESINTÉRÊTS POUR PERTE DE JOUISSANCE, AUX COÛTS OU À LA SUBSTITUTION, AUX DOMMAGES MATÉRIELS OU AUTRES PERTES PÉCUNIAIRES.

Cette garantie limitée vous donne des droits juridiques spécifiques et, dans certains États des États-Unis vous pouvez bénéficier d’autres droits qui varient selon les juridictions.

DATE D’INSTALLATION __________________________
NUMÉRO DE SÉRIE __________________________
(À rempli par l’installateur) Formulaire à laisser au propriétaire par l’installateur.

Elkay Sales, Inc
1333 Butterfield Road, Suite 200
Downers Grove, IL 60515
800.260.6640
Elkay Sales, Inc
1333 Butterfield Road, Suite 200
Downers Grove, IL 60515
800.260.6640
AGENDA ITEM NO. 12

AGENDA STAFF REPORT
City of West Covina | Office of the City Manager
DATE: February 3, 2026
TO: Mayor and City Council
FROM: Milan Mrakich, Acting City Manager
SUBJECT: CONSIDERATION OF APPOINTMENTS TO THE AUDIT COMMITTEE AND

RESOLUTION REVISING AUDIT COMMITTEE RULES AND REGULATIONS RECOMMENDATION:

It is recommended that the City Council:

1. Adopt the following resolution:

RESOLUTION NO. 2026-16 – A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST

COVINA, CALIFORNIA, AMENDING THE AUDIT COMMITTEE RULES AND REGULATIONS

2. Appoint the five (5) most recently serving Committee members to serve on the Audit Committee, for a term through December 31, 2027, as detailed in the staff report.

BACKGROUND:

On October 6, 2015, the City Council adopted Resolution No. 2015-73, which established the Audit Committee, consisting of the City Manager, the Finance Director, the City Treasurer, two City Council Members, and two members of the public, and established the procedures, rules and regulations of the Audit Committee.

On May 17, 2016, the City Council adopted Resolution No. 2016-40, removing the City Manager and Finance Director from the Audit Committee since they prepare the reports that are presented to the Committee.

On May 15, 2018, the City Council adopted Resolution No. 2018-60, adding two additional community members to the Audit Committee, such that membership increased from five members to seven members to consist of the City Treasurer, two Council Members, and four members of the public.

On May 7, 2019, the City Council adopted Resolution No. 2019-31, renaming the previously established Audit Committee as the Finance and Audit Committee and amending the duties of the Finance and Audit Committee.

On May 4, 2021, the City Council adopted Resolution 2021-33, renaming the Finance and Audit Committee as the Audit Committee, amending the duties of the Audit Committee, increasing the number of members of the public on the Committee from four to five members, and providing that the two City Council Members and City Treasurer will serve as ex-officio non-voting members of the Committee.

The public members of the Audit Committee are appointed for two (2) year terms, which have historically been staggered. There are currently five (5) vacancies on the Audit Committee. The City accepted applications in the manner required by law.

Additionally, at the January 20, 2026 meeting, the City Council provided direction regarding ensuring that the Rules and Regulations of the Audit Committee indicate that the Committee will meet quarterly.

DISCUSSION:

Below are the names of the individuals that have applied to be on the Audit Committee, their applications are attached (Attachment No. 3).

Cisco Bautista
Jiaqi Fu
Tim J. Lewis
Dillon Ahorro
Briana Barrera
Sandra Chidiac
Francisco Cruells
Douglas Fore
Evelyn Ignacio
Brendan Lee
Frank Rodriguez
Juan Rolon
Steve Villanueva
Steven Bennett
Rafael Castellon (term expired in September 2025)
James A. Grivich (term expired in May 2025)
David Lin (term expired in September 2025)
Marsha Solorio (term expired in May 2025)
Deanna R. Stanley (term expired in September 2025)
Staff recommends that the City Council appoint the most recently serving members to the Audit Committee as follows:

Rafael Castellon
James A. Grivich
David Lin
Marsha Solorio
Deanna R. Stanley
Staff recommends that the term of each newly appointed Committee member be from February 2026 through December 31, 2027.

As outlined above, the Rules and Regulations applicable to the Audit Committee were last amended in May 2021. During staff’s review of the Rules and Regulations per the Council’s direction on January 20, 2026, staff made additional clean-up revisions to the Rules and Regulations. The revisions are reflected in redline format in Attachment No. 2. Consistent with the Council’s direction, the proposed revised Rules and Regulations make clear that the Committee shall have one regular meeting per quarter, and establish that the meetings will be held on the fourth Wednesday of the month in the months of January, April, July and October. The proposed revised Rules and Regulations provide that a Committee member is appointed for a two-year term, unless the City Council specifies a shorter term at the time of appointment, and thereafter until their successor is appointed. The proposed revised Rules and Regulations also include new provisions regarding the selection of a Chair and Vice Chair, Committee member absences, and the procedures for removing Committee members and filling vacancies.

LEGAL REVIEW:

The City Attorney's Office has reviewed the resolution and approved it as to form.

OPTIONS:

The City Council has the following options:

1. Approve staff's recommendation; or

2. Provide alternate direction.

Prepared by: Lisa Sherrick, Assistant City Clerk
Additional Approval: Roxanne E. Lerma, Assistant City Manager Attachments
Attachment No. 1 - Resolution No. 2026-16
Attachment No. 2 - Redline of Rules and Regulations
Attachment No. 3 - Audit Committee Applications
CITY COUNCIL GOALS & OBJECTIVES: Enhance City Image and Effectiveness ATTACHMENT NO. 1
RESOLUTION NO. 2026-16

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

WEST COVINA, CALIFORNIA, AMENDING THE AUDIT

COMMITTEE RULES AND REGULATIONS
The City Council of the City of West Covina hereby finds and declares as follows:

WHEREAS, on October 6, 2025, the City Council adopted Resolution No. 2015- 73, which established the Audit Committee, consisting of the City Manager, the Finance Director, the City Treasurer, two City Council Members, and two members of the public, and established the procedures, rules and regulations of the Audit Committee; and WHEREAS, on May 17, 2016, the City Council adopted Resolution No. 2016-40, removing the City Manager and Finance Director from the Audit Committee; and WHEREAS, on May 15, 2018, the City Council adopted Resolution No. 2018-60, adding two additional community members to the Audit Committee, such that membership increased from five members to seven members to consist of the City Treasurer, two Council Members, and four members of the public; and WHEREAS, on May 7, 2019, the City Council adopted Resolution No. 2019-31, renaming the previously established Audit Committee as the Finance and Audit Committee and amending the duties of the Finance and Audit Committee; and WHEREAS, in response to the State Auditor’s December 1, 2020 report entitled “City of West Covina: Its Deteriorating Financial Situation Threatens Its Fiscal Stability and Its Ability to Provide City Services,” the City Council unanimously approved a formal Financial Recovery Plan with specific timelines, monitoring, and reporting; and WHEREAS, on May 4, 2021, the City Council adopted Resolution 2021-33, renaming the Finance and Audit Committee as the Audit Committee, amending the duties of the Audit Committee, including adding duties relating to monitoring the implementation of the Financial Recovery Plan, increasing the number of members of the public on the Committee from four to five members, and providing that the two City Council Members and City Treasurer will serve as ex-officio non-voting members of the Committee.

WHEREAS, the City Council now desires to revise the Rules and Regulations applicable to the Audit Committee.

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

SECTION 1. The City Council hereby approves the revised City of West Covina Audit Committee Rules and Regulations, attached hereto as Exhibit A.

SECTION 2. The City of West Covina Audit Committee Rules and Regulations attached hereto as Exhibit A shall supersede and replace the Rules and Regulations adopted through Resolution No. 2021-33.

SECTION 3. The City Clerk shall certify to the adoption of this Resolution and shall enter it into the book of original resolutions.

APPROVED AND ADOPTED this 3rd day of February, 2026.

Letty Lopez-Viado
Mayor

APPROVED AS TO FORM ATTEST
Thomas P. Duarte Lisa Sherrick, CMC
City Attorney Assistant City Clerk
I, LISA SHERRICK, ASSISTANT CITY CLERK of the City of West Covina, California, do hereby certify that the foregoing Resolution No. 2026-16 was duly adopted by the City Council of the City of West Covina, California, at a regular meeting thereof held on the 3rd day of February, 2026, by the following vote of the City Council:

AYES:

NOES:

ABSENT:

ABSTAIN:

Lisa Sherrick, CMC
Assistant City Clerk

EXHIBIT A

CITY OF WEST COVINA AUDIT COMMITTEE

RULES AND REGULATIONS

Page 1 of 2 ends

Revised 2-3-26
Resolution No. 2026-16

CITY OF WEST COVINA AUDIT COMMITTEE

RULES AND REGULATIONS

1. ESTABLISHMENT OF THE AUDIT COMMITTEE
The City Council of the City of West Covina hereby establishes the City of West Covina Audit Committee.

2. PURPOSE
The Audit Committee’s primary purpose is to assist the City Council in discharging its responsibilities for the overall stewardship of the City’s financial affairs.

3. MEMBERSHIP AND APPOINTMENT
The Audit Committee shall consist of eight (8) members. This shall include five (5) citizen representatives, who shall serve as voting members, two (2) City Council Members, and the City Treasurer, who shall each serve as ex officio non-voting members. The City Council will appoint the citizen representatives. The Mayor will appoint the City Council Member representatives in accordance with the City Council’s Standing Rules. The City Clerk shall post and advertise the citizen representative positions and vacancies as provided for all other City commissions and committees.

4. COMPENSATION
Members of the Committee shall serve without compensation.

5. TERM OF MEMBERSHIP
Each voting member of the Committee shall serve for a two (2) year term, unless a shorter term is specified by the City Council at the time of the member’s appointment, and thereafter until a successor for the voting member whose term is expiring has been appointed. City Council Members on the Committee shall serve for a one (1) year term, or until such time as the Mayor conducts annual appointments pursuant to the City Council’s Standing Rules.

6. TIME AND PLACE OF MEETINGS
There shall be one regular meeting of the Committee each quarter. Such meetings shall be held on the fourth Wednesday in the months of January, April, July, and October at 6:00 p.m. All meetings of the Committee shall be held at West Covina City Hall located at 1444 W. Garvey Ave. S.

All meetings of the Committee shall be open to the public. Notices and agendas for Committee meetings shall be posted in accordance with the requirements of the Brown Act.

Page 2 of 2 ends

Revised 2-3-26
Resolution No. 2026-16

7. ELECTION OF OFFICERS
At its first meeting of the calendar year, the Committee shall select from its voting members a Chair and a Vice Chair.

8. CONFLICT OF INTEREST
All members of the Committee are subject to the requirements of the Conflict of Interest Codes of the City of West Covina and conflict of interest laws of the State of California.

9. CITY POLICIES
All members of the Committee are subject to all applicable City of West Covina policies and requirements.

10. DUTIES OF THE COMMITTEE
The role of the Committee is to help improve the City’s long-term financial health by (1) monitoring the monthly financial reports for the purpose of reporting potential deficits, (2) reviewing the Annual Comprehensive Financial Reports, (3) reviewing and providing input to City staff regarding any corrective action plans, financial recovery plans and/or updates prepared in response to any reports issued by the State Auditor, and (4) making periodic reports to the City Council.

11. ABSENCE OF VOTING MEMBERS
If a voting member of the Committee is absent without having been excused from three consecutive meetings of the Committee or three meetings of the Committee in any one year period, such absences will be deemed to constitute a resignation of such voting member, and the position declared vacant.

12. REMOVAL; VACANCIES
Voting members of the Committee serve at the pleasure of the City Council. The City Council may remove any voting Committee member at any time, with or without cause.

In the event of a vacancy in the seat of a voting member of the Committee, the City Council shall appoint a citizen representative to fill such vacancy once such vacancy has been advertised as required by these Rules and Regulations.

ATTACHMENT NO. 2

CITY OF WEST COVINA AUDIT COMMITTEE

RULES AND REGULATIONS

1. ESTABLISHMENT OF THE AUDIT COMMITTEE
The City Council of the City of West Covina hereby establishes renames the previously established Finance & Audit Committee as the the City of West Covina Audit Committee.

2. PURPOSE
The Audit Committee’s primary purpose is to support improving the community and to assist the City Council in discharging its responsibilities for the overall stewardship of the City’s financial affairs. (1) ensuring financial stability and (2) monitoring the implementation of the corrective actions identified in the Financial Recovery Plan, approved by the City Council on April 6, 2021.

3. MEMBERSHIP AND APPOINTMENT
The Audit Committee shall consist of eight (8) members. This shall include five (5) citizen representatives, who shall serve as voting members, two (2) City Council Members, and tfive public members who will be appointed by the City Council. The City Treasurer and two City Council members, who shall each serve as ex officio non-voting members. The City Council will appoint the citizen representatives. The Mayor will appoint the City Council Member representatives in accordance with the City Council’s Standing Rules. The City Clerk shall post and advertise the citizen representativepublic positions and vacancies as provided for all other City commissions and committees.

4. COMPENSATION
Members of the Committee shall serve without compensation.

5. TERM OF MEMBERSHIP
Each The appointed voting members of the Committee shall serve for a be appointed for two (2) year term, unless a shorter term is specified by the City Council at the time of the member’s appointment, s and thereafter until a successor for the voting member whose term is expiring has been appointed.on a staggered basis, except for the initial appointment as provided herein. City Council Members on the Committee shall serve for a one (1) year term, or until such time as the Mayor conducts annual appointments pursuant to the City Council’s Standing Rules. For the initial appointments, one Council Member and one member of the public shall initially be appointed to serve a one-year term in order to allow for the staggered terms thereafter.

6. TIME AND PLACE OF MEETINGS
ATTACHMENT NO. 2
There shall be one regular meeting of the Committee each quarter. Such meetings shall be held on the fourth Wednesday in the months of January, April, July, and October at 6:00 p.m. The Committee will meet at least quarterly. All meetings of the Committee shall be held at the City of West Covina City Hall located at 1444 W. Garvey Ave. S. in the City of West Covina.

All meetings of the Committee shall be open to the public. Notices and agendas for Committee meetings shall be posted in accordance with the requirements of the Brown Act.

7. ELECTION OF OFFICERS
At its first meeting of the calendar year, the Committee shall select from its voting members a Chair and a Vice Chair.

7.8. CONFLICT OF INTEREST
All members of the Committee are subject to the requirements of the Conflict of Interest Ccodes of the City of West Covina and cConflict of iInterest laws of the State of California.

8.9. CITY POLICIES
All members of the Committee are subject to allthe applicable City of West Covina policies and requirements of all Human Resource Department policies of the City of West Covina.

9.10. DUTIES OF THE COMMITTEE
The role of the Committee is to help improve the City’s long-term financial health by (1) monitoring implementation of the Financial Recovery Plan, (2) monitoring the monthly financial reports for the purpose of reporting potential deficits, (23) reviewing the Comprehensive Annual Comprehensive Financial Reports, (3) reviewing and providing input to City staff regarding any corrective action plans, financial recovery plans and/or updates prepared in response to any reports issued by the State Auditor, and (4) making periodic reports to the City Council.

12. REMOVAL; VACANCIES
ATTACHMENT NO. 2
Voting members of the Committee serve at the pleasure of the City Council. The City Council may remove any voting Committee member at any time, with or without cause.

ATTACHMENT NO. 3

AGENDA ITEM NO. 13

LOBBYIST SERVICES
RECOMMENDATION:

It is recommended that the City Council provide direction.

BACKGROUND:

The City relies on various sources, including Federal, State, County, and private agencies, for special funding to provide services to the public. At the February 20, 2024 City Council meeting, it was requested that the City look into hiring a Washington DC lobbyist. A federal lobbyist would network and connect with lawmakers to advocate for funding for City-specific projects.

Staff drafted and published a formal Request for Proposals (RFP). RFP 2024-09 for Federal Lobbyist services was posted on May 16, 2024. Six (6) proposals were received. On January 21, 2025, the City Council rejected all bids and directed staff to revise the RFP.

DISCUSSION:

A draft RFP is attached for consideration. With the approval of the draft and a funding source for the service, the RFP will be processed for publication.

LEGAL REVIEW:

The City Attorney's Office reviewed the staff report. The City Attorney's Office has not reviewed the draft RFP.

Prepared by: Kelly McDonald, Assistant to the City Manager Fiscal Impact
FISCAL IMPACT:

Funding for Federal Lobbyist Services is not included in the approved FY 2025-26 Budget. A funding source will need to be identified for the service if approved to proceed.

Attachments
Attachment No. 1 - Draft RFP for Federal Lobbyist
CITY COUNCIL GOALS & OBJECTIVES: Achieve Fiscal Sustainability and Financial Stability Enhance City Image and Effectiveness
ATTACHMENT NO. 1
City of West Covina Request for Proposals
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FEDERAL LOBBYIST SERVICES
Approved by: RFP No.

Effective Date

1. GENERAL
The City of West Covina (City) is seeking proposals from qualified consultants to provide federal lobbying services. The City is seeking a lobbyist that can help the City secure federal funding, advocate for the City’s policy and financial needs, and be an expert navigator of the federal government.

2. RFP SCHEDULE
• RFP release: TBD
• Questions due: TWO WEEKS FROM RELEASE
(Questions must be posted on City’s Planet Bids portal) • Responses to questions posted: ONE WEEK FROM QUESTIONS DUE (Responses will be posted on City’s Planet Bids portal) • Proposals due: TWO WEEKS FROM RESPONSES DUE
• Award of contract (tentative date): TBD
(For contracts awarded by the City Council, City Council agendas are posted on www.westcovina.org on the Wednesday prior to the first and third Tuesdays each month.)

3. PROPOSAL SUBMISSION
Proposals must be for the entire scope of services outlined in this RFP.

Incomplete proposals will not be considered. Proposals will be received electronically (online only) via City of West Covina’s PlanetBids portal at https://www.westcovina.org/departments/finance/finance/bids-rfps.

Proposals must be submitted with the following attachments:

Attachment A: Statement of Non-Collusion by Contractor
Attachment B: Subcontractor Campaign Contribution Acknowledgement Form Attachment C: Sam.gov Verification – Debarment & Suspension Verification Attachment D: Fee Schedule
Attachment F: Certificate of Insurance
Attachment G: W-9
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Proposals must be submitted no later than 4:00PM on , 2026. Submissions received after this deadline will be rejected. Submissions by facsimile or electronic mail will not be accepted.

Submission of a proposal shall constitute acknowledgment and acceptance of all terms and conditions contained in this RFP and all exhibits and attachments hereto.

4. CONTACT WITH CITY OFFICIALS AND REPRESENTATIVES
The sole City Representative as contact person for all questions and matters regarding this RFP is Karen Ogawa, Finance Director. The City Representative can be reached via e-mail at [email protected] or by phone at (626) 939- 8463. Proposers that contact any City official or representative other than the designated City Representative as set forth in this RFP may be disqualified with no further consideration given to the proposal submitted.

All questions regarding the specifications in this RFP are required to be addressed via City’s PlanetBids site by the designated date and time. Responses will be posted on the City’s PlanetBids site.

5. BACKGROUND
The City of West Covina is located in the San Gabriel Valley, 20 miles east of downtown Los Angeles and 15 miles north of Orange County. Incorporated as a general law city in 1923, the City operates under the council/manager form of government. The City’s 16 square miles flourished with walnut groves and orange groves for many decades. The City has developed into a commercial and residential community, with a population currently estimated at about 110,200 residents.

Services
The City offers 16 parks, four community centers, a Sports Complex, and a County-operated library. The City provides a full range of services to its citizens, including police, fire and emergency medical; construction and maintenance of streets, traffic signalization and other infrastructure; planning and building safety; and social, recreational and cultural activities and events. However, the City contracts out building and safety services, engineering, and business licensing.

Additionally, water utilities and solid services are provided and billed externally.

The City is financially accountable for the Successor Agency to the former Redevelopment Agency of the City of West Covina, a financing authority, and a housing authority, which are combined within the City’s financial statements.

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6. SCOPE OF SERVICES
The scope of services to be provided is described in Attachment E of this RFP.

7. CONTRACT PERIOD
It is anticipated that the initial term of the agreement will be for a period of three (3) years, with the option to extend the term for up to two (2) additional years upon mutual written agreement of the City and the selected contractor, contingent upon satisfactory performance of the selected contractor.

8. PROPOSAL FORMAT
The proposal should be straightforward, concise and provide “layman” explanations of technical terms that are used. Emphasis should be concentrated on conforming to the RFP instructions, responding to the RFP requirements and on providing a complete and clear description of the offer. Proposals that appear unrealistic in the terms of technical commitments, lack of technical competence or are indicative of failure to comprehend the complexity of this RFP may be rejected.

The proposal should contain the sections in the order indicated below. This standardization will facilitate evaluation of the comparative merits of all proposals submitted.

8.1 COVER LETTER
Provide a letter of introduction, approximately one (1) page in length, including the name, address and telephone number of the person(s) to contact who will be authorized to represent the proposer. This letter shall be signed by an officer of the proposer authorized to bind the proposer to all commitments made in the proposal.

8.2 PROJECT SUMMARY SECTION
The Project Summary section should describe your understanding of the City, the work to be done, and the objective to be accomplished referring to specific sections of the scope of services.

8.3 METHODOLOGY SECTION
Provide a detailed description of the approach and methodology to be used, as well as the proposed team, to accomplish the scope of services of this RFP to achieve City satisfaction, along with a proposed timeline to complete the project, if applicable.

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8.4 FEE SCHEDULE
The fee schedule should include hourly rates, miscellaneous fees and other anticipated expenses, and total cost of the services.

8.5 EXCLUDED OR SUBCONTRACTED SERVICES
Provide details of any necessary services relating to the proposal/service process which will not be included in your proposal, including those which the proposer expects to be performed by City staff and/or by other contractors or subcontractors. If you intend to subcontract any portion of the work, identify the subcontractor(s) and provide details regarding their qualifications.

8.6 LIST OF SIMILAR SERVICES COMPLETED
Provide a complete listing of all similar services that have been provided within the past three (3) years. Include name of agency or company, project manager/contact, dates services were provided and summary of services provided.

8.7 REFERENCES
The proposer shall submit with his/her/its proposal a list of at least three (3) clients using the same or similar services being proposed, with names, addresses, email addresses and telephone numbers. A survey of references will be made to determine, among other things, the proposer’s success in meeting the needs of the contracting agency in a timely manner.

9. ORAL PRESENTATIONS
An oral presentation by the proposers in final contention for award of an agreement for services may, in City’s discretion, be required as a part of this RFP process.

The purpose of the oral presentation would be twofold: first, to allow the proposer to demonstrate capabilities of the company and to clarify proposer’s responses to the RFP; second, to allow the City staff to meet the proposer’s key personnel who would be assigned to this project. Attendance at such a presentation shall be at the proposer’s expense.

10. TERMS AND CONDITIONS OF RFP

10.1 SIGNED SUBMISSION OF PROPOSALS
Each proposal must be signed in longhand by the person or persons legally authorized to bind the proposer to the proposal and contracts. The name and title City of West Covina Request for Proposals
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of each person signing shall by typed or printed below that person’s signature.

Upon request of the City, the corporation or other entity must provide a certified copy of the bylaws or resolution of the board of directors showing the authority of the officer signing the proposal to execute contracts on behalf of the corporation or other entity.

10.2 LATE SUBMISSION OF PROPOSALS
Any submission of proposals received after the due date and time specified in this RFP will not be considered.

10.3 ACCURACY OF PROPOSALS; WITHDRAWAL OF PROPOSALS
Proposers shall take all responsibility for any errors or omissions in their proposals.

To withdraw a proposal, the proposer must submit a written request to the Purchasing Manager via email at [email protected]. A hard copy of the request must also be mailed to the Purchasing Manager at 1444 W. Garvey Avenue S., Room 308, West Covina, CA 91790. The written request must be signed by the authorized representative of the proposer and must be submitted prior to the deadline for submitting proposals.

Withdrawals will not be permitted after the deadline for submitting proposals.

10.4 ADDENDUM TO THE RFP
Any modifications or changes to this RFP will be made by written addendum.

Addenda will be posted on the City’s PlanetBids page. No verbal modification will be binding on the City.

10.5 PROTEST PROCEDURES
All protests regarding the RFP process must be submitted in writing to the Purchasing Manager within five (5) business days following the opening of the proposals. This includes all protests relating to advertising of the RFP, deadlines, proposal opening, and any protests relating to alleged improprieties or ambiguities in the specifications. This requirement does not apply to protests relating to staff recommendations as to award of a contract. Protests relating to staff recommendations of award of a contract may be directed to the Purchasing Manager within three (3) business days of the posted agenda recommending award by City Council or receipt of notice of intent to award. City may post such notice of intent to award on the City’s PlanetBids portal.

City Council agendas are available for review at least 72 hours before City Council meetings, which are held on the first and third Tuesday of each month, at City of West Covina Request for Proposals
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www.westcovina.org and at the City Clerk's Office, Room 317 in City Hall, 1444 W. Garvey Avenue South, West Covina, during normal business hours.

10.6 DISCLAIMERS AND RESERVATION OF RIGHTS
This RFP does not commit the City to award a contract. The City reserves, in its sole discretion, the right to reject any and all proposals, the right to cancel or postpone the RFP or project in whole or in part at any time, the right to negotiate with any qualified proposer and the right to decline to award the agreement to any of the proposers. The City reserves the right to waive any immaterial irregularities in a proposal or a submission of a proposal.

10.7 NOTICE REGARDING DISCLOSURE OF CONTENTS OF PROPOSALS All proposals submitted in response to this RFP shall become the exclusive property of the City of West Covina and will be a matter of public record. Proposers must identify, in writing, the elements of the proposal which proposer defines as business or trade secrets that are exempt from disclosure under the California Public Records Act (California Government Code Section 7920.000 et seq.) and plainly mark such items as “Trade Secret”, “Confidential”, or “Proprietary”.

Any proposer claiming such an exemption must identify the specific provision of the California Public Records Act that provides an exemption from disclosure for each item that the proposer claims is not subject to disclosure under said Act. Any proposer claiming such an exemption must also state in its proposal that the proposer agrees to defend, indemnify and hold harmless the City and its officers, employees, agents and volunteers from any action brought against the City for its refusal to disclose such material, trade secrets and other proprietary information to any party making a request therefor. Any proposer who fails to include such a statement shall be deemed to have waived any right to an exemption from disclosure as provided by said Act. Any exemption request must be clearly marked as set forth above, and any blanket statement (i.e., regarding entire pages, documents, or other non-specific designations) shall not be sufficient and shall not bind the City in any way whatsoever.

If disclosure is required or permitted under the California Public Records Act or otherwise by law, the City shall not in any way be liable or responsible for the disclosure of any such records or part thereof.

Notwithstanding the foregoing, all proposals submitted may be kept confidential until a contract is awarded.

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10.8 PROPOSAL VALIDITY PERIOD
Pricing, terms and conditions stated in the proposer’s response shall remain valid for 120 days from the date of submission of the proposal to the City.

10.9 PRESS RELEASES
The selected contractor shall not issue any news or press releases relating to an award of contract resulting from this RFP or issue any advertising copy mentioning the City or quoting the opinion of any City official, officer or employee without prior written approval from the City Manager.

10.10 EVALUATION AND SELECTION PROCESS
In accordance with Section 2-334 of the West Covina Municipal Code, the City will award the contract to the lowest responsible bidder, as defined Section 2-327 of the West Covina Municipal Code. Price will be considered along with other factors, including, but not limited to, the ability, capacity and skill of the bidder to provide the services, whether the bidder can provide the services within the time specified, the bidder’s record of performance on previous orders or contracts for the City or other public entities, and the quality, availability and adaptability of the bidder’s services.

Proposals will be evaluated to determine the company or person best suited to complete the project based on qualifications, experience and pricing including:
qualifications and experience as provided in a resume or statement of qualifications; ability to effectively communicate and conduct presentations; cost of services; reference checks. All proposers should identify or affirm each of the following requirements:
(a) Have a minimum of three (3) similar projects within the last three (3) years providing the same or similar services requested in this RFP. (b) Have no outstanding or pending complaints as determined through the Better Business Bureau or State of California Department of Consumer Affairs.
(c) Have the administrative and fiscal capability to provide and manage the proposed services.

Proposals will be ranked according to the following criteria:

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Criteria Maximum Points
Completeness of Proposal and
compliance with the required RFP format
20 Experience and Qualifications of
Proposed Project Team
30 Similar Project Experience 30
Proposed Cost 20
TOTAL 100

10.11 CAMPAIGN CONTRIBUTIONS
(a) Prohibited Contributions.

Pursuant to Section 2-404.1(a) of the West Covina Municipal Code:

No person who is an applicant or proposer to be a party to a city contract, or who is a party to a city contract, as defined in section 2-403, other affected party, or related persons, shall make a contribution to an individual holding city elective office where the city contract has a total anticipated or actual value of thirty thousand dollars ($30,000.00) or more, or a combination or series of such contracts or agreements having a value of thirty thousand dollars ($30,000.00) or more.

Further, pursuant to Section 2-404.1(c) of the West Covina Municipal Code:

No person acting as a subcontractor under a subcontract through a city contract, as defined in section 2-403, or related persons, shall make a contribution to a council member where an individual subcontract has a total anticipated or actual value of fifteen thousand dollars ($15,000.00) or more, or a combination or series of such individual subcontracts with the same subcontractor, for the same or different projects with the aggregate value of fifteen thousand dollars ($15,000.00) or more. (b) Subcontractor Acknowledgement Form.

If a subcontractor is utilized for any part of the proposal, then a completed Subcontractor Campaign Contributions Acknowledgement Form is required to be returned with proposal.

10.12 CONFLICT OF INTEREST
City of West Covina employees are prohibited from participating in the selection process for this RFP if they have any financial or business relationship with any City of West Covina Request for Proposals
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proposer. This RFP process will be conducted in compliance with all laws regarding political contributions, conflicts of interest, or unlawful activities, including, but not limited to, the City’s Conflict of Interest and Ethics Policy.

Proposers shall not offer, give or agree to give any City employee any gratuity or anything of value whatsoever in connection with this RFP. The offer or attempt to give any such gratuity or anything of value to any City employee will be cause for disqualification from participation in this RFP.

10.13 PERMITS AND LICENSES
The selected contractor and all of his/her/its employees or agents shall secure and maintain in force such licenses and permits as are required by law.

10.14 PRE-CONTRACTUAL EXPENSES
The City shall not be liable for any expenses incurred by potential contractors relating to the preparation or submission of proposals. Pre-contractual expenses shall not be included in a proposer’s fee schedule. Pre-contractual expenses include, but are not limited to, expenses incurred by a proposer in:
• Preparing a proposal in response to this RFP;
• Submitting a proposal to the City;
• Oral presentations required by the City;
• Negotiating with the City in any manner related to the proposal submitted;
• Any other expenses incurred by the proposer prior to the execution of a contract with the City, if any.

10.15 AGREEMENT TO CONDITIONS
The selected proposer will be required to execute an agreement for services. A sample of the agreement is included as Attachment H to this RFP. The sample agreement may be modified by the City prior to award of a contract.

Submission of a proposal shall be deemed acceptance of all the terms set forth in this RFP and the sample agreement for services unless the proposer includes with its proposal, in writing, any conditions or exceptions requested by the proposer to the sample agreement. The terms of the sample agreement, including insurance and indemnification requirements, are standard City requirements and will be modified only if extraordinary circumstances exist.

10.16 PIGGYBACKING OPTION
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The City would like to make the same pricing structures available to other government agencies. Proposers shall indicate in their proposal whether they agree to extend pricing to other agencies and for what length of time. Inclusion is not mandatory and will have no bearing on the contract award.

10.17 EXAMINATION OF LOCATIONS AND SPECIFICATIONS
Proposers are expected to carefully examine the locations of the proposed services and the specifications set forth in this RFP and all attachments hereto. By submitting a proposal, the proposer declares he/she/it has carefully reviewed the locations of the proposed services and all specifications and requirements set forth in this RFP, and that proposer will furnish all labor, materials, machinery, tools and equipment required to perform the services in accordance with the requirements of this RFP.

10.18 DEBARMENT AND SUSPENSION
Proposers may not be debarred or suspended or otherwise listed on the Excluded Parties List System (EPLS) in the General Services Administration System for Award Management (SAM). Proposers must include verification that the company as well as the company’s principals are not listed (are not debarred, suspended or otherwise ineligible) through the General Services Administration System for Award Management (sam.gov). Proposers must also enclose a printout of the search results that includes the record date.

11. INSURANCE
Insurance requirements are set forth in the sample agreement (Attachment H).

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SAMPLE

ATTACHMENT A

STATEMENT OF NON-COLLUSION BY CONTRACTOR
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SAMPLE

NON-COLLUSION DECLARATION TO BE EXECUTED BY

BIDDER AND SUBMITTED WITH BID
The undersigned declares:

I am the _____________________ of _____________________________, the party making the foregoing bid.

The bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The bid is genuine and not collusive or sham. The bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid. The bidder has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or to refrain from bidding. The bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder. All statements contained in the bid are true. The bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.

Any person executing this declaration on behalf of a bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the bidder.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on __________[date], at ___________________________[city, state].

Firm _______________________________________
______________________________________
(Signature)
______________________________________
(Print Name & Title)
Street _______________________________________
City_______________________ State_____ Zip ___________

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SAMPLE

ATTACHMENT B

SUBCONTRACTOR CAMPAIGN CONTRIBUTION ACKNOWLEDGEMENT FORM (IF APPLICABLE)
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SAMPLE

SUBCONTRACTOR CAMPAIGN CONTRIBUTION

ACKNOWLEDGMENT FORM
Proposer [or Consultant] is required to identify any known subcontractor who will provide goods or services with an anticipated or actual value of $15,000 or more in connection with any contract which may be awarded pursuant to this Request for Proposal if the proposed contract with the Proposer [or Consultant] has an anticipated or actual value of $30,000 or more.

By my signature below, I certify that as a subcontractor I reviewed and am in compliance with West Covina Municipal Code section 2-405.1(c), in reference to campaign contributions to any individual holding City elective office, and that I will comply with Section 2-405.1(c) at all times while providing services as a subcontractor.

CONTRACTOR:

Company: _____________________________

By: ___________________________________

Title: __________________________________

Date: _________________________________
SUBCONTRACTOR:

Company: _____________________________

By: ___________________________________

Title: _________________________________

Date: _________________________________
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ATTACHMENT C
SAM.GOV DEBARMENT AND SUSPENSION VERIFICATION
How to Search Exclusion Information
• Select “Search” from the header menu from any page on SAM.gov • In the filters, under “Select Domain,” select “Entity Information, then select “Exclusions.”
• Use the filters or keyword box to enter search criteria and see your results • See sample on next page
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SAM.GOV DEBARMENT AND SUSPENSION VERIFICATION
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ATTACHMENT D

FEE SCHEDULE
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SAMPLE

FEE SCHEDULE
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SAMPLE

ATTACHMENT E

SCOPE OF SERVICES
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SAMPLE

SCOPE OF SERVICES
The City of West Covina seeks to retain the services of a lobbyist consultant that possesses significant demonstrable experience in lobbying and advocacy at the federal level. The lobbying consultant shall be able to develop relationships with the City’s representatives and shall have existing relationships with federal governmental staffers within the state and federal capitals, at governmental agencies, and with other industry lobbyists. The ideal candidates will have strong existing relationships at the federal levels with all of the individuals indicated previously, in order to act as trusted advisors, lobbyists, and expert navigators for the City. Specifically, the requested services may include but are not limited to the following:
• Identify and devise strategies to successfully secure federal funding for the City of West Covina.
• Pursue major funding opportunities and investigate other opportunities. Lobbying consultant shall research and provide information to the City on existing and emerging legislation, availability of funding, distribution of funding, techniques to be used by the City to capitalize on opportunities, and examples of successful federal government applications.
• Monitor bills that may impact the City’s interests in accordance with the legislative priorities established by the City and provide interpretation and analysis of bills to City staff.
• Work closely with City staff to assess the impact of certain bills and administrative decisions and to develop a response from the City either in support, opposition, or seek amendments to bills or administrative rules.
• Provide frequent legislative briefings for key City staff, including information regarding major highlights and information on priority bills that require the City’s attention.
• Represent the City and meet with legislators, their staff, and governmental agency officials to advance the City’s legislative agenda and interests. • Testify at committee hearings and other meetings on behalf of the City. • Track and review press releases, informational bulletins, and other important information released by the federal governments and their agencies. • Review and notify City staff of relevant federal grants. • Advocate for City funding in the federal budgets, through grants and legislation, and through any other appropriate means.
• Work with City staff to secure sponsors for proposed bills and/or amendments to Federal law.
• Provide City staff with a monthly written summary of legislative activities on behalf of West Covina.

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ATTACHMENT F

CERTIFICATE OF INSURANCE
(AS OUTLINED IN ATTACHMENT H, SECTION 5, INSURANCE)
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CERTIFICATE OF INSURANCE
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ATTACHMENT G
W-9
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SAMPLE

ATTACHMENT H

SAMPLE AGREEMEMT
Note: City reserves the right to modify, amend and/or strike any provision of this sample agreement prior to the award of a contract.
.

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CITY OF WEST COVINA

PROFESSIONAL SERVICES AGREEMENT
WITH
_____________________
FOR
___________________________
THIS PROFESSIONAL SERVICES AGREEMENT is made and entered into this _____ day of ____________, 2025 (“Effective Date”), by and between the CITY OF WEST COVINA, a municipal corporation (“City”), and _________ a [(state) (entity information)] (“Consultant”).

RECITALS
A. City proposes to utilize the services of Consultant as an independent contractor to City to _________________, as more fully described herein; and B. Consultant represents that it has that degree of specialized expertise contemplated within California Government Code Section 37103, and holds all necessary licenses to practice and perform the services herein contemplated; and
C. City and Consultant desire to contract for the specific services described in Exhibit “A” and desire to set forth their rights, duties and liabilities in connection with the services to be performed; and
D. No official or employee of City has a financial interest, within the provisions of Sections 1090-1092 of the California Government Code, in the subject matter of this Agreement.

NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows:

1.0. SERVICES PROVIDED BY CONSULTANT

1.1. Scope of Services. Consultant shall provide the professional services described in the Scope of Services, attached hereto as Exhibit “A” and incorporated herein.

1.2. Professional Practices. All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel experienced in their respective fields and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by professional consultants in similar fields and circumstances in accordance with sound professional practices. Consultant also warrants that it is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Consultant’s performance of this Agreement. Consultant shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such laws and regulations. City officers and employees shall not be liable at law or in equity for any claims or damages occurring as a result of failure of the Consultant to comply with this section.

1.3. Performance to Satisfaction of City. Consultant agrees to perform all the work to Note: City reserves the right to modify, amend and/or strike any provision of this sample agreement prior to the award of a contract.
.

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the reasonable satisfaction of the City. Evaluations of the work will be conducted by the City Manager or his or her designee. If the quality of work is not satisfactory, City in its discretion has the right to:
(a) Meet with Consultant to review the quality of the work and resolve the matters of concern;
(b) Require Consultant to repeat the work at no additional fee until it is satisfactory; and/or
(c) Terminate the Agreement as hereinafter set forth.

1.4. Warranty. Consultant warrants that it shall perform the services required by this Agreement in compliance with all applicable Federal and California employment laws, including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers’ compensation; and all other Federal, State and local laws and ordinances applicable to the services required under this Agreement.

1.5. Non-Discrimination. In performing this Agreement, Consultant shall not engage in, nor permit its agents to engage in, discrimination in employment of persons because of their race, religious creed, color, national origin, ancestry, physical disability, mental disability, reproductive health decisionmaking, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or veteran or military status, except as permitted pursuant to Section 12940 of the California Government Code.

1.6. Non-Exclusive Agreement. Consultant acknowledges that City may enter into agreements with other consultants for services similar to the services that are subject to this Agreement or may have its own employees perform services similar to those services contemplated by this Agreement.

1.7. Confidentiality. Employees of Consultant in the course of their duties may have access to financial, accounting, statistical, and personnel data of private individuals and employees of City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant’s covenant under this Section shall survive the termination of this Agreement.

1.8. Public Records Act Disclosure. Consultant has been advised and is aware that this Agreement and all reports, documents, information and data, including, but not limited to, computer tapes, discs or files furnished or prepared by Consultant, or any of its subcontractors, pursuant to this Agreement and provided to City may be subject to public disclosure as required by the California Public Records Act (California Government Code Section 7920.000 et seq.).

Exceptions to public disclosure may be those documents or information that qualify as trade secrets, as that term is defined in California Government Code Section 7924.510, and of which Consultant informs City of such trade secret. The City will endeavor to maintain as confidential all information obtained by it that is designated as a trade secret. The City shall not, in any way, be liable or responsible for the disclosure of any trade secret including, without limitation, those records so marked if disclosure is deemed to be required by law or by order of the court.

Note: City reserves the right to modify, amend and/or strike any provision of this sample agreement prior to the award of a contract.
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2.0. COMPENSATION AND BILLING

2.1. Compensation. Consultant shall be paid in accordance with the fee schedule set forth in Exhibit “B,” attached hereto and made a part of this Agreement (the “Fee Schedule”).

Consultant’s total compensation shall not exceed _______ Dollars ($ _____.00).

2.2. Additional Services. Consultant shall not receive compensation for any services provided outside the scope of services specified in the Consultant’s Proposal unless the City, prior to Consultant performing the additional services, approves such additional services in writing. It is specifically understood that oral requests and/or approvals of such additional services or additional compensation shall be barred and are unenforceable. Should the City request in writing additional services that increase the Scope of Services, an additional fee based upon the Consultant’s standard hourly rates shall be paid to the Consultant for such additional services.

2.3. Method of Billing. Consultant may submit invoices to the City for approval on a progress basis, but no more often than once a month. Said invoice shall be based on the total of all Consultant’s services which have been completed to City’s sole satisfaction. City shall pay Consultant’s invoice within forty-five (45) days from the date City receives said invoice. Each invoice shall describe in detail the services performed, the date of performance, and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as “Additional Services” and shall identify the number of the authorized change order, where applicable, on all invoices.

2.4. Records and Audits. Records of Consultant’s services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City for inspection and/or audit at mutually convenient times from the Effective Date until three (3) years after the termination or expiration of this Agreement.

3.0. TIME OF PERFORMANCE

3.1. Commencement and Completion of Work. Unless otherwise agreed to by the parties, the professional services to be performed pursuant to this Agreement shall commence within five (5) days from the Effective Date of this Agreement. Said services shall be performed in strict compliance with the Project Schedule approved by City as set forth in Exhibit “C,” attached hereto and incorporated herein by this reference. The Project Schedule may be amended by mutual agreement of the parties. Failure to commence work in a timely manner and/or diligently pursue work to completion may be grounds for termination of this Agreement.

3.2. Excusable Delays. Neither party shall be responsible for delays or lack of performance resulting from acts beyond the reasonable control of the party or parties. Such acts shall include, but not be limited to, acts of God, fire, strikes, material shortages, compliance with laws or regulations, riots, acts of war, or any other conditions beyond the reasonable control of a party. If a delay beyond the control of the Consultant is encountered, a time extension may be mutually agreed upon in writing by the City and the Consultant. The Consultant shall present documentation satisfactory to the City to substantiate any request for a time extension.

4.0. TERM AND TERMINATION

4.1. Term. This Agreement shall commence on the Effective Date and continue for a period of ______ months, ending on __________, 20__, unless previously terminated as provided Note: City reserves the right to modify, amend and/or strike any provision of this sample agreement prior to the award of a contract.
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herein or as otherwise agreed to in writing by the parties. [Optional language if extensions permitted: Thereafter, this Agreement may be extended for a maximum of [spell out number (#) ] successive one (1) year periods. Such extensions, if any, will be evidenced by a written amendment to this Agreement.]

4.2. Notice of Termination. The City reserves and has the right and privilege of canceling, suspending or abandoning the execution of all or any part of the work contemplated by this Agreement, with or without cause, at any time, by providing at least fifteen (15) days prior written notice to Consultant. In the event of such termination, Consultant shall immediately stop rendering services under this Agreement unless directed otherwise by the City. If the City suspends, terminates or abandons a portion of this Agreement such suspension, termination or abandonment shall not make void or invalidate the remainder of this Agreement.

If the Consultant defaults in the performance of any of the terms or conditions of this Agreement, it shall have ten (10) days after service upon it of written notice of such default in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled to at law, in equity, or under this Agreement.

The City also shall have the right, notwithstanding any other provisions of this Agreement, to terminate this Agreement, at its option and without prejudice to any other remedy to which it may be entitled to at law, in equity, or under this Agreement, immediately upon service of written notice of termination on the Consultant, if the latter should:
(a) Be adjudged a bankrupt;
(b) Become insolvent or have a receiver of its assets or property appointed because of insolvency;
(c) Make a general assignment for the benefit of creditors; (d) Default in the performance of any obligation or payment of any indebtedness under this Agreement;
(e) Suffer any judgment against it to remain unsatisfied or unbonded of record for thirty (30) days or longer; or
(f) Institute or suffer to be instituted any procedures for reorganization or rearrangement of its affairs.

4.3. Compensation. In the event of termination, City shall pay Consultant for reasonable costs incurred and professional services satisfactorily performed up to and including the effective date of the City’s written notice of termination, within forty-five (45) days after the effective date of the notice of termination or the final invoice of the Consultant, whichever occurs last. Compensation for work in progress shall be prorated based on the percentage of work completed as of the effective date of termination in accordance with the fees set forth herein.

4.4. Documents. In the event of termination of this Agreement, all documents prepared Note: City reserves the right to modify, amend and/or strike any provision of this sample agreement prior to the award of a contract.
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by Consultant in its performance of this Agreement including, but not limited to, finished or unfinished design, development and construction documents, data studies, drawings, maps and reports, shall be delivered to the City within ten (10) days of the effective date of the notice of termination, at no cost to City.

5.0. INSURANCE

5.1. Minimum Scope and Limits of Insurance. Consultant shall obtain, maintain, and keep in full force and effect during the life of this Agreement all of the following minimum scope of insurance coverages with an insurance company authorized to do business in California, with a current A.M. Best’s rating of no less than A:VII, and approved by City:
(a) Commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than Two Million Dollars ($2,000,000.00) per occurrence, Four Million Dollars ($4,000,000.00) general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted. (b) Automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with work to be performed under this Agreement, including coverage for any owned, hired, non-owned, or rented vehicles, in an amount not less than One Million Dollars ($1,000,000.00) combined single limit for each accident.
(c) Workers’ compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with a limit of no less than One Million Dollars ($1,000,000.00) per accident for bodily injury or disease.

Consultant agrees to waive, and to obtain endorsements from its workers’ compensation insurer waiving subrogation rights under its workers’ compensation insurance policy against the City, its officers, agents, employees, and volunteers for losses arising from work performed by Consultant for the City and to require each of its subcontractors, if any, to do likewise under their workers’ compensation insurance policies.

By execution of this Agreement, the Consultant certifies as follows:

I am aware of, and will comply with, Section 3700 of the California Labor Code, requiring every employer to be insured against liability of Workers’ Compensation or to undertake self-insurance before commencing any of the work.

Note: City reserves the right to modify, amend and/or strike any provision of this sample agreement prior to the award of a contract.
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(d) Professional liability (errors & omissions) insurance that covers the services to be performed in connection with this Agreement, in the minimum amount of One Million Dollars ($1,000,000.00) per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the Effective Date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement.

If the Consultant maintains higher limits or has broader coverage than the minimums shown above, the City requires and shall be entitled to all coverage, and to the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

5.2. Endorsements. The insurance policies are to contain, or be endorsed to contain, the following provisions:
(a) Additional Insureds: The City of West Covina and its elected and appointed boards, officers, officials, agents, employees, and volunteers are additional insureds with respect to: liability arising out of activities performed by or on behalf of the Consultant pursuant to its contract with the City; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; automobiles owned, leased, hired, or borrowed by the Consultant. (b) Notice of Cancelation: Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City. (c) Primary Coverage: The Consultant’s insurance coverage shall be primary insurance as respects the City of West Covina, its officers, officials, agents, employees, and volunteers. Any other insurance maintained by the City of West Covina shall be excess and not contributing with the insurance provided by this policy.
(d) Waiver of Subrogation: Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance.

Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
(e) Coverage Not Affected: Any failure to comply with the reporting provisions of the policies shall not affect coverage provided to the City of West Covina, its officers, officials, agents, employees, and volunteers.
(f) Coverage Applies Separately: The Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.

Note: City reserves the right to modify, amend and/or strike any provision of this sample agreement prior to the award of a contract.
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5.3. Deductible or Self Insured Retention. If any of such policies provide for a deductible or self-insured retention to provide such coverage, the amount of such deductible or self-insured retention shall be approved in advance by City. The City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.

5.4. Certificates of Insurance. Consultant shall provide to City certificates of insurance showing the insurance coverages and required endorsements described above, in a form and content approved by City, prior to performing any services under this Agreement. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

5.5. Non-limiting. Nothing in this Section shall be construed as limiting in any way the indemnification provision contained in this Agreement.

6.0. GENERAL PROVISIONS

6.1. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to any matter referenced herein and supersedes any and all other prior writings and oral negotiations. This Agreement may be modified only in writing, and signed by the parties in interest at the time of such modification.

6.2. Representatives. The City Manager or his or her designee shall be the representative of City for purposes of this Agreement and may issue all consents, approvals, directives and agreements on behalf of the City, called for by this Agreement, except as otherwise expressly provided in this Agreement.

Consultant shall designate a representative for purposes of this Agreement who shall be authorized to issue all consents, approvals, directives and agreements on behalf of Consultant called for by this Agreement, except as otherwise expressly provided in this Agreement.

6.3. Key Personnel. It is the intent of both parties to this Agreement that Consultant shall make available the professional services of __________________, who shall coordinate directly with City. Any substitution of key personnel must be approved in advance in writing by City’s Representative.

6.4. Notices. Any notices, documents, correspondence or other communications concerning this Agreement or the work hereunder may be provided by personal delivery, Email or by U.S. mail. If by U.S. mail, it shall be addressed as set forth below and placed in a sealed envelope, postage prepaid, and deposited in the United States Postal Service. Such communication shall be deemed served or delivered: (a) at the time of delivery if such communication is sent by personal delivery; (b) one (1) business day after the Email is sent if such communication is sent by Email, provided that no delivery failure notification has been received; and (c) 72 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such communication is sent through regular United States mail.

IF TO CONSULTANT: IF TO CITY:
_________________
_________________
City of West Covina
1444 West Garvey Ave. South
Note: City reserves the right to modify, amend and/or strike any provision of this sample agreement prior to the award of a contract.
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_________________ West Covina, CA 91790
Tel: _________________ Tel: _________________
Email: _________________
Attn: ________________
Email: _________________
Attn: _______________

6.5. Attorneys’ Fees. If litigation is brought by any party in connection with this Agreement against another party, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof.

6.6. Governing Law. This Agreement shall be governed by and construed under the laws of the State of California without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in Los Angeles County, California.

6.7. Assignment. Consultant shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of Consultant’s interest in this Agreement without City’s prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for termination of this Agreement. Regardless of City’s consent, no subletting or assignment shall release Consultant of Consultant’s obligation to perform all other obligations to be performed by Consultant hereunder for the term of this Agreement.

If the contract is with not with “design professionals” (i.e. architects and engineers) as defined by Civil Code § 2782.8, the following indemnification provision should be used:

6.8. Indemnification and Hold Harmless. Consultant agrees to defend, with counsel of City’s choosing, indemnify, hold free and harmless the City, its elected and appointed officials, officers, agents and employees, at Consultant’s sole expense, from and against any and all claims, demands, actions, suits or other legal proceedings brought against the City, its elected and appointed officials, officers, agents and employees arising out of the performance of the Consultant, its employees, and/or authorized subcontractors, of the work undertaken pursuant to this Agreement. The defense obligation provided for hereunder shall apply without any advance showing of negligence or wrongdoing by the Consultant, its employees, and/or authorized subcontractors, but shall be required whenever any claim, action, complaint, or suit asserts as its basis the negligence, errors, omissions or misconduct of the Consultant, its employees, and/or authorized subcontractors, and/or whenever any claim, action, complaint or suit asserts liability against the City, its elected and appointed officials, officers, agents and employees based upon the work performed by the Consultant, its employees, and/or authorized subcontractors under this Agreement, whether or not the Consultant, its employees, and/or authorized subcontractors are specifically named or otherwise asserted to be liable. Notwithstanding the foregoing, the Consultant shall not be liable for the defense or indemnification of the City for claims, actions, complaints or suits arising out of the sole active negligence or willful misconduct of the City. This provision shall supersede and replace all other indemnity provisions contained either in the City’s specifications or Consultant’s Proposal, which shall be of no force and effect.

If the contract is to hire “design professionals” (i.e. architects and engineers), under Civil Code § 2782.8, a city can only require indemnity for the professional’s negligence, recklessness or willful misconduct. Therefore, for contracts with design professionals, the following section 6.8 should be used instead of the above section 6.8:

Note: City reserves the right to modify, amend and/or strike any provision of this sample agreement prior to the award of a contract.
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6.8. Indemnification and Hold Harmless. Consultant agrees to defend, with counsel of City’s choosing, indemnify, hold free and harmless the City, its elected and appointed officials, officers, agents and employees, at Consultant’s sole expense, from and against any and all claims, demands, actions, suits or other legal proceedings brought against the City, its elected and appointed officials, officers, agents and employees arising out of, pertaining to, or relating to the negligence, recklessness, or willful misconduct of the Consultant, its employees, and/or authorized subcontractors, in performing this Agreement. The defense obligation provided for hereunder shall apply without any advance showing of negligence, recklessness or willful misconduct of the Consultant, its employees, and/or authorized subcontractors, but shall be required whenever any claim, action, complaint, or suit asserts as its basis the negligence, recklessness, or willful misconduct of the Consultant, its employees, and/or authorized subcontractors, and/or whenever any claim, action, complaint or suit asserts liability against the City, its elected and appointed officials, officers, agents and employees based upon such negligence, recklessness, or willful misconduct, whether or not the Consultant, its employees, and/or authorized subcontractors are specifically named or otherwise asserted to be liable. Notwithstanding the foregoing, the Consultant shall not be liable for the defense or indemnification of the City for claims, actions, complaints or suits arising out of the sole active negligence or willful misconduct of the City. In no event shall the cost to defend charged to Consultant exceed Consultant’s proportionate percentage of fault. However, notwithstanding the previous sentence, in the event one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, Consultant shall meet and confer with other parties regarding unpaid defense costs. This provision shall supersede and replace all other indemnity provisions contained either in the City’s specifications or Consultant’s Proposal, which shall be of no force and effect.

6.9. Independent Contractor. Consultant is and shall be acting at all times as an independent contractor and not as an employee of City. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant’s employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City. Consultant shall secure, at its sole expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for Consultant and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. Consultant shall indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with the applicable worker’s compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this paragraph.

6.10. PERS Eligibility Indemnification. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

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providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.

6.11. Cooperation. In the event any claim or action is brought against City relating to Consultant’s performance or services rendered under this Agreement, Consultant shall render any reasonable assistance and cooperation which City might require.

6.12. Ownership of Documents. All findings, reports, documents, information and data including, but not limited to, computer tapes or discs, files and tapes furnished or prepared by Consultant or any of its subcontractors in the course of performance of this Agreement, shall be and remain the sole property of City. Consultant agrees that any such documents or information shall not be made available to any individual or organization without the prior consent of City. Any use of such documents for other projects not contemplated by this Agreement, and any use of incomplete documents, shall be at the sole risk of City and without liability or legal exposure to Consultant. City shall indemnify and hold harmless Consultant from all claims, damages, losses, and expenses, including attorneys’ fees, arising out of or resulting from City’s use of such documents for other projects not contemplated by this Agreement or use of incomplete documents furnished by Consultant. Consultant shall deliver to City any findings, reports, documents, information, data, in any form, including but not limited to, computer tapes, discs, files audio tapes or any other related items as requested by City or its authorized representative, at no additional cost to the City. Consultant or Consultant’s agents shall execute such documents as may be necessary from time to time to confirm City’s ownership of the copyright in such documents.

6.13. Electronic Safeguards. Consultant shall identify reasonably foreseeable internal and external risks to the privacy and security of personal information that could result in the unauthorized disclosure, misuse, alteration, destruction or other compromise of the information.

Consultant shall regularly assess the sufficiency of any safeguards and information security awareness training in place to control reasonably foreseeable internal and external risks, and evaluate and adjust those safeguards in light of the assessment.

6.14. Economic Interest Statement. Consultant hereby acknowledges that pursuant to California Government Code Section 87300 and the Conflict of Interest Code adopted by City, Consultant is designated in said Conflict of Interest Code and is therefore required to file an Economic Interest Statement (Form 700) with the City Clerk, for each employee providing advice under this Agreement, prior to the commencement of work, unless waived by the City Manager.

6.15. Conflict of Interest. Consultant and its officers, employees, associates and subconsultants, if any, will comply with all conflict of interest statutes of the State of California applicable to Consultant’s services under this agreement, including, but not limited to, the Political Reform Act of 1974 (California Government Code Section 81000, et seq.) and California Government Code Sections 1090-1092. Consultant covenants that none of Consultant’s officers or principals have any interest in, or shall acquire any interest, directly or indirectly, which will conflict in any manner or degree with the performance of the services hereunder, including in any manner in violation of the Political Reform Act.

Consultant further covenants that in the performance of this Agreement, no person having such interest shall be used by Consultant as an officer, employee, agent, or subconsultant. Consultant further covenants that Consultant has not contracted with nor is performing any services, directly or indirectly, with any developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) owning property in the City Note: City reserves the right to modify, amend and/or strike any provision of this sample agreement prior to the award of a contract.
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and further covenants and agrees that Consultant and/or its subconsultants shall provide no service or enter into any agreement or agreements with a/any developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) owning property in the City prior to the completion of the work under this Agreement.

6.16. Prohibited Employment. Consultant will not employ any regular employee of City while this Agreement is in effect.

6.17. Order of Precedence. In the event of an inconsistency in this Agreement and any of the attached Exhibits, the terms set forth in this Agreement shall prevail. If, and to the extent this Agreement incorporates by reference any provision of any document, such provision shall be deemed a part of this Agreement. Nevertheless, if there is any conflict among the terms and conditions of this Agreement and those of any such provision or provisions so incorporated by reference, this Agreement shall govern over the document referenced.

6.18. Costs. Each party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein.

6.19. No Third Party Beneficiary Rights. This Agreement is entered into for the sole benefit of City and Consultant and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement.

6.20. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement.

6.21. Construction. The parties have participated jointly in the negotiation and drafting of this Agreement and have had an adequate opportunity to review each and every provision of the Agreement and submit the same to counsel or other consultants for review and comment. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.

6.22. Amendments. Only a writing executed by the parties hereto or their respective successors and assigns may amend this Agreement.

6.23. Waiver. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy in respect to any occurrence or event shall not be deemed a waiver of any right or remedy in respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.

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circumstance. Notwithstanding the foregoing, if the value of this Agreement, based upon the substantial benefit of the bargain for any party, is materially impaired, which determination made by the presiding court or arbitrator of competent jurisdiction shall be binding, then both parties agree to substitute such provision(s) through good faith negotiations.

6.25. Counterparts and Electronic Signatures. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, and may be executed by electronic signatures. All counterparts shall be construed together and shall constitute one agreement. Delivery of an executed counterpart of this Agreement by a .pdf data file or other scanned executed counterpart by email shall be equally as effective as delivery of a manually executed counterpart of this Agreement. Each duplicate and counterpart shall be equally admissible in evidence, and each shall fully bind each party who has executed it. The parties waive all right to challenge the admissibility or authenticity of this Agreement in a court of law based solely on the absence of an original signature.

6.26. Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so the parties hereto are formally bound to the provisions of this Agreement.

6.27. Taxpayer Identification Number. Consultant shall provide City with a complete Request for Taxpayer Identification Number and Certification, Form W9, as issued by the Internal Revenue Service.
[SIGNATURE PAGE FOLLOWS.]
Note: City reserves the right to modify, amend and/or strike any provision of this sample agreement prior to the award of a contract.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective authorized officers, as of the date first above written.

CITY OF WEST COVINA,
A municipal corporation
__________________________________ Date: __________________________ Milan Mrakich
Acting City Manager

CONSULTANT
__________________________________ Date: __________________________ Signature
__________________________________
Name and Title
__________________________________ Date: __________________________ Signature
__________________________________
Name and Title
ATTEST:
__________________________________
Monique De La Rosa
Deputy City Clerk
APPROVED AS TO FORM:
__________________________________
Thomas P. Duarte
City Attorney
APPROVED AS TO INSURANCE:
__________________________________
Carmelia Underwood
Note: City reserves the right to modify, amend and/or strike any provision of this sample agreement prior to the award of a contract.
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Risk Management
AGENDA ITEM NO. 14

SERVICES
RECOMMENDATION:

It is recommended that the City Council provide direction.

BACKGROUND:

The City relies on various sources, including Federal, State, County, and private agencies, for special funding to provide services to the public. At the February 20, 2024 City Council meeting, it was requested that the City look into contracting for grant writing services, as a grant writing team that specializes in the management of the overall grant process could assist the City in securing funding for services and projects.

Staff drafted and published a formal Request for Proposals (RFP). RFP 2024-08 for Grant Writing services was posted on May 16, 2024. Fifteen (15) proposals were received. On January 21, 2025, the City Council rejected all bids and directed staff to revise the RFP.

DISCUSSION:

A draft RFP is attached for consideration. With the approval of the draft and a funding source for the service, the RFP will be processed for publication.

LEGAL REVIEW:

The City Attorney's Office reviewed the staff report. The City Attorney's Office has not reviewed the draft RFP.

Prepared by: Kelly McDonald, Assistant to the City Manager Fiscal Impact
FISCAL IMPACT:

Funding for Grant Writing Services is not included in the approved FY 2025-26 Budget. A funding source will need to be identified for the service if approved to proceed.

Attachments
Attachment No. 1 - Draft RFP for Grant Writing Services CITY COUNCIL GOALS & OBJECTIVES: Achieve Fiscal Sustainability and Financial Stability Enhance City Image and Effectiveness
ATTACHMENT NO. 1
City of West Covina Request for Proposals
Grant Writing Services

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GRANT WRITING SERVICES
Approved by: RFP No.

Effective Date

1. GENERAL
The City of West Covina (City) is seeking proposals from qualified consultants to provide grant writing services. The City is seeking to contract with an individual or firm that specializes in the management of the overall grant process and can assist the City in maximizing the benefits of grant funding.

It is the intent of the City to apply for grants which address City needs associated with service delivery and necessary capital infrastructure improvements. In addition, it is the intent of the City to apply for grants which not only are consistent with identified City needs but also those grants that can be properly and efficiently administered by staff taking into account existing duties and responsibilities. The goal of the City’s grant program is to secure funding for services and projects which the City otherwise would be required to utilize local tax dollars.

2. RFP SCHEDULE
• RFP release: TBD
• Questions due: TWO WEEKS FROM RELEASE
(Questions must be posted on City’s Planet Bids portal) • Responses to questions posted: ONE WEEKS FROM QUESTIONS DUE (Responses will be posted on City’s Planet Bids portal) • Proposals due: TWO WEEKS FROM RESPONSES DUE
• Award of contract (tentative date): TBD
(For contracts awarded by the City Council, City Council agendas are posted on www.westcovina.org on the Wednesday prior to the first and third Tuesdays each month.)

3. PROPOSAL SUBMISSION
Proposals must be for the entire scope of services outlined in this RFP.

Proposals must be submitted with the following attachments:

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Attachment A: Statement of Non-Collusion by Contractor
Attachment B: Subcontractor Campaign Contribution Acknowledgement Form Attachment C: Sam.gov Verification – Debarment & Suspension Verification Attachment D: Fee Schedule
Attachment F: Certificate of Insurance
Attachment G: W-9
Proposals must be submitted no later than 4:00PM on , 2026. Submissions received after this deadline will be rejected. Submissions by facsimile or electronic mail will not be accepted.

Submission of a proposal shall constitute acknowledgment and acceptance of all terms and conditions contained in this RFP and all exhibits and attachments hereto.

Services
The City offers 16 parks, four community centers, a Sports Complex, and a County-operated library. The City provides a full range of services to its citizens, including police, fire and emergency medical; construction and maintenance of streets, traffic signalization and other infrastructure; planning and building safety; City of West Covina Request for Proposals
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and social, recreational and cultural activities and events. However, the City contracts out building and safety services, engineering, and business licensing.

Additionally, water utilities and solid services are provided and billed externally.

6. SCOPE OF SERVICES
The scope of services to be provided is described in Attachment E of this RFP.

The proposal should contain the sections in the order indicated below. This standardization will facilitate evaluation of the comparative merits of all proposals submitted.

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8.3 METHODOLOGY SECTION
Provide a detailed description of the approach and methodology to be used to accomplish the scope of services of this RFP to achieve City satisfaction, along with a proposed timeline to complete the project, if applicable.

8.4 FEE SCHEDULE
The fee schedule should include hourly rates, miscellaneous fees and other anticipated expenses, and total cost of the services.

9. ORAL PRESENTATIONS
An oral presentation by the proposers in final contention for award of an agreement for services may, in City’s discretion, be required as a part of this RFP process.

10. TERMS AND CONDITIONS OF RFP
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10.1 SIGNED SUBMISSION OF PROPOSALS
Each proposal must be signed in longhand by the person or persons legally authorized to bind the proposer to the proposal and contracts. The name and title of each person signing shall by typed or printed below that person’s signature.

10.2 LATE SUBMISSION OF PROPOSALS
Any submission of proposals received after the due date and time specified in this RFP will not be considered.

10.3 ACCURACY OF PROPOSALS; WITHDRAWAL OF PROPOSALS
Proposers shall take all responsibility for any errors or omissions in their proposals.

Withdrawals will not be permitted after the deadline for submitting proposals.

10.4 ADDENDUM TO THE RFP
Any modifications or changes to this RFP will be made by written addendum.

Addenda will be posted on the City’s PlanetBids page. No verbal modification will be binding on the City.

10.5 PROTEST PROCEDURES
All protests regarding the RFP process must be submitted in writing to the Purchasing Manager within five (5) business days following the opening of the proposals. This includes all protests relating to advertising of the RFP, deadlines, proposal opening, and any protests relating to alleged improprieties or ambiguities in the specifications. This requirement does not apply to protests relating to staff recommendations as to award of a contract. Protests relating to staff recommendations of award of a contract may be directed to the Purchasing Manager within three (3) business days of the posted agenda recommending City of West Covina Request for Proposals
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award by City Council or receipt of notice of intent to award. City may post such notice of intent to award on the City’s PlanetBids portal.

City Council agendas are available for review at least 72 hours before City Council meetings, which are held on the first and third Tuesday of each month, at www.westcovina.org and at the City Clerk's Office, Room 317 in City Hall, 1444 W. Garvey Avenue South, West Covina, during normal business hours.

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Notwithstanding the foregoing, all proposals submitted may be kept confidential until a contract is awarded.

10.8 PROPOSAL VALIDITY PERIOD
Pricing, terms and conditions stated in the proposer’s response shall remain valid for 120 days from the date of submission of the proposal to the City.

Proposals will be ranked according to the following criteria:

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Criteria Maximum Points
Completeness of Proposal and
compliance with the required RFP format
20 Experience, Reference and Qualifications
of Proposed Project Team
30 Similar Project Experience 30
Proposed Cost 20
TOTAL 100

10.11 CAMPAIGN CONTRIBUTIONS
(a) Prohibited Contributions.

Pursuant to Section 2-404.1(a) of the West Covina Municipal Code:

Further, pursuant to Section 2-404.1(c) of the West Covina Municipal Code:

If a subcontractor is utilized for any part of the proposal, then a completed Subcontractor Campaign Contributions Acknowledgement Form is required to be returned with proposal.

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10.13 PERMITS AND LICENSES
The selected contractor and all of his/her/its employees or agents shall secure and maintain in force such licenses and permits as are required by law.

10.16 PIGGYBACKING OPTION
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11. INSURANCE
Insurance requirements are set forth in the sample agreement (Attachment H).

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SAMPLE

ATTACHMENT A

STATEMENT OF NON-COLLUSION BY CONTRACTOR
City of West Covina Request for Proposals
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SAMPLE

NON-COLLUSION DECLARATION TO BE EXECUTED BY

BIDDER AND SUBMITTED WITH BID
The undersigned declares:

I am the _____________________ of _____________________________, the party making the foregoing bid.

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Grant Writing Services

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SAMPLE

ATTACHMENT B

SUBCONTRACTOR CAMPAIGN CONTRIBUTION ACKNOWLEDGEMENT FORM (IF APPLICABLE)
City of West Covina Request for Proposals
Grant Writing Services

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SAMPLE

SUBCONTRACTOR CAMPAIGN CONTRIBUTION

CONTRACTOR:

Company: _____________________________

By: ___________________________________

Title: __________________________________

Date: _________________________________
SUBCONTRACTOR:

Company: _____________________________

By: ___________________________________

Title: _________________________________

Date: _________________________________
City of West Covina Request for Proposals
– Grant Writing Services

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City of West Covina Request for Proposals
– Grant Writing Services

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SAM.GOV DEBARMENT AND SUSPENSION VERIFICATION
City of West Covina Request for Proposals
– Grant Writing Services

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ATTACHMENT D

FEE SCHEDULE
City of West Covina Request for Proposals
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SAMPLE

FEE SCHEDULE
City of West Covina Request for Proposals
Grant Writing Services

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SAMPLE

ATTACHMENT E

SCOPE OF SERVICES
City of West Covina Request for Proposals
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SAMPLE

SCOPE OF SERVICES
The sections below provide the framework for the scope of services required. Any additional information that the consultant wishes to include will be helpful in making our decision.

1. Grant Funding Needs Assessment and Strategy
a. Participate in an initial introductory/all hands meeting with City executives and staff, and annually thereafter, to develop an overall strategy for identifying and securing grant funding.
b. Meet with City staff on a quarterly basis to identify grant funding needs and priorities and discuss current and potential grant opportunities.

2. Grant Monitoring and Research
a. Identify appropriate grantors and grant programs including, but not limited to, federal, state, and regional government organizations and private foundations and businesses to support the City’s funding needs and priorities. b. Research and analyze potential funding opportunities to determine its suitability to the City’s needs and project eligibility requirements. c. Based on grant funding research, recommend grantors and grant programs to which the City should submit applications.
d. Inform staff of the details of identified grants and provide key information including funding program name and agency, available funding, key dates/deadlines, funding type (grant, loan or incentive), required match, and cost share required.

3. Grant Writing
a. The consultant shall write and apply for all grants approved by City staff. b. Prepare a strategic work plan for each grant application including key dates, responsibilities of consultant and staff for producing grant application content, key tasks, and specific deliverables.
c. Provide grant proposal writing services associated with the completion of grant applications on behalf of the City, including the preparation of letters of intent, funding abstracts, production and submittal of applications. d. Ensure that all required components of each proposal are included in submission; ensuring adherence to grant evaluation criteria, and ensuring each entire grant package is timely and correctly prepared in accordance with the requirements and restrictions of its respective funder’s portal and technical submission requirements.
e. Work with designated City staff to edit grant applications for consistency of messaging, ensuring integration of grant requirements and succinctness prior to City final review and submittal to funder.

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f. Organize facts, data, statistics and narrative collected and written as a part of assigned projects, developing tabular or graphic data displays as appropriate, and make those items available to the City for future use.

4. Grant Management and Administration
a. If requested by City, upon award of grant, provide grant management and administration services, including but not limited to:
i. Prepare a schedule for the submission of required documents, including project milestones, progress and final reports and invoices to funding agencies, including key dates and responsibilities of consultant and staff for producing drafts and final deliverables. ii. Ensure that all reporting components of the awarded grant are correctly prepared and submitted to meet the deadlines in accordance with funding agency requirements.
iii. Work with designated staff on all grant compliance components including all standard environmental, procurement, and compliance regulations, and also provide guidance on grant eligible costs and advise staff of analysis and strategic actions to fully utilize existing grant money and ensuring 100% compliance.
iv. Review status and progress of grant with City staff on a monthly basis and with funding agencies as needed.
v. Ensure project and grant reporting are “Audit Ready” upon completion by developing and maintaining an audit file with all documentation, including, but not limited to: all compliance documents, financial documents, reports, reimbursement requests, and any other documentation relevant to the project’s grant funding.

5. Ongoing Communication
a. Communicate with designated City staff regarding the work undertaken and upcoming grant opportunities.
b. Submit monthly reports to the City summarizing the amount of time expended and describe activities undertaken during the previous month.

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ATTACHMENT F

CERTIFICATE OF INSURANCE
(AS OUTLINED IN ATTACHMENT H, SECTION 5, INSURANCE)
City of West Covina Request for Proposals
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CERTIFICATE OF INSURANCE
City of West Covina Request for Proposals
Grant Writing Services

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ATTACHMENT G
W-9
City of West Covina Request for Proposals
Grant Writing Services

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SAMPLE

ATTACHMENT H

SAMPLE AGREEMEMT
Note: City reserves the right to modify, amend and/or strike any provision of this sample agreement prior to the award of a contract.

Form Revised October 2024 Page 27 of 39

CITY OF WEST COVINA

NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows:

1.0. SERVICES PROVIDED BY CONSULTANT

1.1. Scope of Services. Consultant shall provide the professional services described in the Scope of Services, attached hereto as Exhibit “A” and incorporated herein.

1.3. Performance to Satisfaction of City. Consultant agrees to perform all the work to the reasonable satisfaction of the City. Evaluations of the work will be conducted by the City Note: City reserves the right to modify, amend and/or strike any provision of this sample agreement prior to the award of a contract.

Form Revised October 2024 Page 28 of 39
Manager or his or her designee. If the quality of work is not satisfactory, City in its discretion has the right to:
(a) Meet with Consultant to review the quality of the work and resolve the matters of concern;
(b) Require Consultant to repeat the work at no additional fee until it is satisfactory; and/or
(c) Terminate the Agreement as hereinafter set forth.

2.0. COMPENSATION AND BILLING
Note: City reserves the right to modify, amend and/or strike any provision of this sample agreement prior to the award of a contract.

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2.1. Compensation. Consultant shall be paid in accordance with the fee schedule set forth in Exhibit “B,” attached hereto and made a part of this Agreement (the “Fee Schedule”).

Consultant’s total compensation shall not exceed _______ Dollars ($ _____.00).

3.0. TIME OF PERFORMANCE

4.0. TERM AND TERMINATION

4.1. Term. This Agreement shall commence on the Effective Date and continue for a period of ______ months, ending on __________, 20__, unless previously terminated as provided herein or as otherwise agreed to in writing by the parties. [Optional language if extensions permitted: Thereafter, this Agreement may be extended for a maximum of [spell out number (#) ] successive one (1) year periods. Such extensions, if any, will be evidenced by a written Note: City reserves the right to modify, amend and/or strike any provision of this sample agreement prior to the award of a contract.

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amendment to this Agreement.]

4.4. Documents. In the event of termination of this Agreement, all documents prepared by Consultant in its performance of this Agreement including, but not limited to, finished or unfinished design, development and construction documents, data studies, drawings, maps and reports, shall be delivered to the City within ten (10) days of the effective date of the notice of termination, at no cost to City.

Note: City reserves the right to modify, amend and/or strike any provision of this sample agreement prior to the award of a contract.

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5.0. INSURANCE

5.1. Minimum Scope and Limits of Insurance. Consultant shall obtain, maintain, and keep in full force and effect during the life of this Agreement all of the following minimum scope of insurance coverages with an insurance company authorized to do business in California, with a current A.M. Best’s rating of no less than A:VII, and approved by City:
(a) Commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than Two Million Dollars ($2,000,000.00) per occurrence, Four Million Dollars ($4,000,000.00) general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
(b) Automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with work to be performed under this Agreement, including coverage for any owned, hired, non-owned, or rented vehicles, in an amount not less than One Million Dollars ($1,000,000.00) combined single limit for each accident. (c) Workers’ compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with a limit of no less than One Million Dollars ($1,000,000.00) per accident for bodily injury or disease. Consultant agrees to waive, and to obtain endorsements from its workers’ compensation insurer waiving subrogation rights under its workers’ compensation insurance policy against the City, its officers, agents, employees, and volunteers for losses arising from work performed by Consultant for the City and to require each of its subcontractors, if any, to do likewise under their workers’ compensation insurance policies.

By execution of this Agreement, the Consultant certifies as follows:

The Consultant shall also comply with Section 3800 of the California Labor Code by securing, paying for and maintaining in full force and effect for the duration of this Agreement, complete Workers’ Compensation Insurance, and shall furnish a Certificate of Insurance to the City before execution of this Agreement by the City. The City, its officers and employees shall not be responsible for any claims in law or equity occasioned by failure of the consultant to comply with this section.
(d) Professional liability (errors & omissions) insurance that covers the services to be performed in connection with this Agreement, in the minimum amount of One Million Dollars ($1,000,000.00) per claim and in Note: City reserves the right to modify, amend and/or strike any provision of this sample agreement prior to the award of a contract.

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the aggregate. Any policy inception date, continuity date, or retroactive date must be before the Effective Date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement.

5.2. Endorsements. The insurance policies are to contain, or be endorsed to contain, the following provisions:
(a) Additional Insureds: The City of West Covina and its elected and appointed boards, officers, officials, agents, employees, and volunteers are additional insureds with respect to: liability arising out of activities performed by or on behalf of the Consultant pursuant to its contract with the City; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; automobiles owned, leased, hired, or borrowed by the Consultant.
(b) Notice of Cancelation: Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City. (c) Primary Coverage: The Consultant’s insurance coverage shall be primary insurance as respects the City of West Covina, its officers, officials, agents, employees, and volunteers. Any other insurance maintained by the City of West Covina shall be excess and not contributing with the insurance provided by this policy.
(d) Waiver of Subrogation: Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance.

Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
(e) Coverage Not Affected: Any failure to comply with the reporting provisions of the policies shall not affect coverage provided to the City of West Covina, its officers, officials, agents, employees, and volunteers. (f) Coverage Applies Separately: The Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.

5.3. Deductible or Self Insured Retention. If any of such policies provide for a deductible or self-insured retention to provide such coverage, the amount of such deductible or self-insured retention shall be approved in advance by City. The City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy Note: City reserves the right to modify, amend and/or strike any provision of this sample agreement prior to the award of a contract.

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language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.

5.5. Non-limiting. Nothing in this Section shall be construed as limiting in any way the indemnification provision contained in this Agreement.

6.0. GENERAL PROVISIONS

IF TO CONSULTANT: IF TO CITY:
_________________
_________________
_________________
City of West Covina
1444 West Garvey Ave. South
West Covina, CA 91790
Tel: _________________ Tel: _________________
Email: _________________ Email: _________________
Note: City reserves the right to modify, amend and/or strike any provision of this sample agreement prior to the award of a contract.

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Attn: ________________ Attn: _______________

If the contract is with not with “design professionals” (i.e. architects and engineers) as defined by Civil Code § 2782.8, the following indemnification provision should be used:

Notwithstanding the foregoing, the Consultant shall not be liable for the defense or indemnification of the City for claims, actions, complaints or suits arising out of the sole active negligence or willful misconduct of the City. This provision shall supersede and replace all other indemnity provisions contained either in the City’s specifications or Consultant’s Proposal, which shall be of no force and effect.

Note: City reserves the right to modify, amend and/or strike any provision of this sample agreement prior to the award of a contract.

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Notwithstanding the foregoing, the Consultant shall not be liable for the defense or indemnification of the City for claims, actions, complaints or suits arising out of the sole active negligence or willful misconduct of the City. In no event shall the cost to defend charged to Consultant exceed Consultant’s proportionate percentage of fault. However, notwithstanding the previous sentence, in the event one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, Consultant shall meet and confer with other parties regarding unpaid defense costs. This provision shall supersede and replace all other indemnity provisions contained either in the City’s specifications or Consultant’s Proposal, which shall be of no force and effect.

Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant’s employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City. Consultant shall secure, at its sole expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for Consultant and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. Consultant shall indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with the applicable worker’s compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this paragraph.

6.10. PERS Eligibility Indemnification. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or Note: City reserves the right to modify, amend and/or strike any provision of this sample agreement prior to the award of a contract.

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subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.

6.15. Conflict of Interest. Consultant and its officers, employees, associates and subconsultants, if any, will comply with all conflict of interest statutes of the State of California applicable to Consultant’s services under this agreement, including, but not limited to, the Political Reform Act of 1974 (California Government Code Section 81000, et seq.) and California Government Code Sections 1090-1092. Consultant covenants that none of Consultant’s officers or principals have any interest in, or shall acquire any interest, directly or indirectly, which will conflict in any manner or degree with the performance of the services hereunder, including in Note: City reserves the right to modify, amend and/or strike any provision of this sample agreement prior to the award of a contract.

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any manner in violation of the Political Reform Act. Consultant further covenants that in the performance of this Agreement, no person having such interest shall be used by Consultant as an officer, employee, agent, or subconsultant. Consultant further covenants that Consultant has not contracted with nor is performing any services, directly or indirectly, with any developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) owning property in the City and further covenants and agrees that Consultant and/or its subconsultants shall provide no service or enter into any agreement or agreements with a/any developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) owning property in the City prior to the completion of the work under this Agreement.

6.16. Prohibited Employment. Consultant will not employ any regular employee of City while this Agreement is in effect.

In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.

6.22. Amendments. Only a writing executed by the parties hereto or their respective successors and assigns may amend this Agreement.

6.23. Waiver. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy in respect to any occurrence or event shall not be deemed a waiver of any right Note: City reserves the right to modify, amend and/or strike any provision of this sample agreement prior to the award of a contract.

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or remedy in respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.

6.24. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable in any circumstance, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance. Notwithstanding the foregoing, if the value of this Agreement, based upon the substantial benefit of the bargain for any party, is materially impaired, which determination made by the presiding court or arbitrator of competent jurisdiction shall be binding, then both parties agree to substitute such provision(s) through good faith negotiations.

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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective authorized officers, as of the date first above written.

CITY OF WEST COVINA,
A municipal corporation
__________________________________ Date: __________________________ Milan Mrakich
Acting City Manager

West Covina City CouncilFebruary 3, 2026

West Covina City Council
February 3, 2026