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04-06-2021 - AGENDA ITEM 07 CONSIDERATION OF WEST COVINA FINANCIAL RECOVERY PLANAGENDA ITEM NO. 7 AGENDA STAFF REPORT City of West Covina I Office of the City Manager DATE: April 6, 2021 TO: Mayor and City Council FROM: David Carmany City Manager SUBJECT: CONSIDERATION OF WEST COVINA FINANCIAL RECOVERY PLAN RECOMMENDATION: It is recommended the City Council approve the Financial Recovery Plan. BACKGROUND: With the goal of improving government performance, the Joint Legislative Audit Committee (JLAC) was established by the California State Legislature. JLAC, independently and through the work of the State Auditor's Office, oversees the operations and finances of government entities. Audits considered by the JLAC include financial and financial -related audits of government entities. In December 2019, the State Auditor's Office informed the City of West Covina that it had been selected for review under the high -risk local Government Agency Audit Program. The State Auditor completed its audit and published its report on December 1, 2020 (to view the report, please visit: http://www.auditor.ca.gov/reports/2020-806/index.httnl.) One of the State Auditor's recommendations was that West Covina develop a formal financial recovery plan to prioritize resources and assign responsibility for monitoring progress in implementing the plan. A financial recovery plan is a pathway to gaining stability — it identifies key elements based upon the State Auditor objectives: action steps, expected completion dates, responsible staff, and status updates. It is a challenging effort evidencing the City's awareness & commitment of the financial situation, and the need to align support with effort. It will involve development of a multi -year forecast (objective #6), and ongoing monitoring (objective #9). DISCUSSION: On March 24, 2021, the Draft Financial Recovery Plan was presented to the Finance & Audi Committee. The committee reviewed and discussed the draft Financial Recovery Plan and are proposing the attached final draft of the Financial Recovery Plan. OPTIONS: The City Council has the following options: 1. Approve the attached Financial Recovery Plan; 2. Approve the attached Financial Recovery Plan with changes; or 3. Provide alternative direction. West Covina Contract/Agreement List City Manager's Office Ones: M-1, 29. =1 agree emTi�rerm�l mall Herne Isi ye AS eemen�twNdever occurs NENTTOTHEOTY(2,2A0 PEN=AMOUNT Roy"ST"' lh� To —ol THE Ll.b IN, 4/l/2021, nry OOMMI-1111, Ll ==ME`INIS cm MA— UAO— TH-1=(�FMR 5 HERE I.R= YEAR ON UEHI ANNUAL A— P.,..nt Aul—bi� Li.bHR,: /L/-L A111=11,111 CERM UM NT Agrero ----------- WL111.1 AUTO RENEWS T� —E HINT TO THE Ott 1— --nt snarl be 1. sisl reap mu bvme°T I, 3%OF UER ;�-,, AURTO lESS LVEEARsSEARREYNOTFFTO AEulU.b lo:=",obll. 11TV MANAGER 05/09/2— th,H,htI A"T"E A— P.—n /""'"=.-LE. -F. =RF0R5 E.,.,)r. ATNHN=EH HRE nNU.b lo: .pl6 y302021 nvaiSiYearseamEaan th, nim %) az COMNT DATE West Covina Contract/Agreement List City Manager's Office Dated: March 29.=1 cm —As U.—L. xs LEASE AD EEMExT an MAruGER w/Os/zo1D TERMINATED 1'Te m'")mall beLF ve I51 he R allowing Lesseeatog mpbll4wlreless me Premises or Dne�NNnarea my (120) days from the full exeeutioo of thi: Leau,RENT wnicnever iz earner 1"commenremem Date^I. ee snau M1a.<the rigM1npAE exena the Term ofmis Lease for flue ls) aamtlonal TemaLF ("Reoa ITerm")of fire 1s)ANNIVERSANYOFTHE each. Ea[M1 Renewal rtn shall be on the ume force M1erein. "" Le —shall IwIIY be extended Po eFiveIsl yEar ewalTe m unlers npnnes Les:ar m g of Lessetsimemion tend this Lease m least U.; (90) days pRorI AerrvE (2,,PDO PER -E'AMO0NTT0 OG NT DATE. Andrew Pazmam cm NOT— EAD REEmgxr CITY MANAGER o9/LE/2— AUTO VE —LEURy TED (Fofls ENEwALTERMs) AerrvE M TO CITY M500 PER NTH)AMOUNT TO INCREASE EY 3% OF PR 10 EAR N F-H ANNUAL Co EM Tzx lsl monthbenpaia aayance, re9uiRng ari p r uxg of ni eetM1ouund dollars 159,0001 to rst µaq as oneyerczi thv(elbe Imes,u` eterm hi:Agree t all subsepuentao Renewals. nrv—T.--.,INC LEAREADREEmgxr [ITV MANAGER 01/22/201a amzename 1zon l Am ax opmw..n..a ARrvE 159poo PER M011.1 AS cm. p rc re West Covina Contract/Agreement List City Manager's Offloe Dated: M-1, 29. =1 r�11=11s11 111a111s,Zlll—1 -11ce sixh Isal d finerylsalaa llt� oce ,.d att ED— CloM'=ME`N'IS Cm MANAGER U/. =R' NENTTOTHEOTY(1,s00 PER M—) AMOUNT TO INCREASE BY 3% OF THE FOwALTE R= Chrlftphr Ch IIU=I'N HERERMs Twe --W T— YEAR ON EACH ANNUAL Alll=llIWII CEHM UM T.- Es —E. RETAI R.RE..E. MA—IR w.." W9/20 veriul 1� h.. tha. Lessee snail navetbe He— RENT TO THE CYTY (2,� PER MONTH) AMOUNT TO INC—E HY 3% 0 "S ==aMo NI 11 AUTO REN— EVERY 5 YEARS UNLE,, --d thA — br 11— THE LEAsE RENT FOR A.1-11. cm HT cm MA —ER —.mL, TER,,=,RF.OR F_ (5) THE =E ON Ch—ph.r Ch.,e I E�','—n= REN, " fl,.� (.) ANNI IOITHE E.P.y- U.b lo: r==T:Zd C..=F.,NT 6/30/2021 =d)ev f..r,,:,,.':—.w. :;)—d1— d, West Covina Contract/Agreement List City Manager's Office Dated: M-1, 29. =1 ...... =ll`=iI,1.1`1,h, NENTTOTHEaTY(2,7BB PER NIGHTH) AMOUNT TO INCREASE BY 3% OF .--1 B.—I LEI = 111NI I I AUTO NEN— EVERY 5 YEARS UNLESs —d - 11. 1 RI 1—� Five (S) -i— Ir— THE LEASE RENT FOR A.1-11P UI nrvmNEw IAF==wlgEuss A-1P mm,s THRNI THE =, ON -1, NBR, RENE s) H—D., ==—d E.NI CO CEIM EM 6/30/2021 veelsleyet tsiny a1 as �th7 -PI"b. T— 7, 1 t"., T.: m71Z .a lsl sl. ='h , ncement`Nt'), HEW TO THE UTY (2,70B PER MORTH) AMOUNT TO INCI—E BY 3% OF General �/2021, L" AUTO RENEVPS EVERY 5 YEARS U— —d � H16 1—� F. (5) 11— THE LEAsE RENT FOR A.—NII, BI Ol P.F=== MA—EF LB/os— TERII=(,F.IR 1 —1 THE =E ON Chris F1.1- Mr— .RR-1 s.A.— OAR —B RE HE ') _=:b 1ew (30) INI :Employers' .d COCOM EM EI _(,)Y_F__ tsiny IEPI as This Pgree h,0 B—HiI tpmlpxa mra panda Pr me thedodo -I, a, 11I, f^ IN HEW TO BE ary WII AUTO LEO S6NN CITY MANAGER DB/22/2016 EEg— u I d to RY, �r . CHII Iu,h —NE PAID TO THE .1 —R C- F..I..d ADD NI:PLLR AR�E�—NINT LOAMEN PIR ... m -11 be terminatetl, whichever 10 YEARI West Coma Contract/Agreement List City Manager's I Dated: MI 29. =1 ...... RENTTOTHE—(2,r PER MGNTR) AMOUNT % . —1 General OY=RY F-1- :(S) ... =L= FOR nrvIAF=== MANAGER U/.m,6 TER ` I= 5 .1 Five (s) PR EAR, . C- .1— lom me, RENE 5) U— EAEIH ANNUALmpensanon A111 1111 and Employers Liability: E. CO =1 EMENT 6/30/2021 R— n.,b- .1 th� R--T— If ---I Uh, ea "r .... ............ 0,6 A—d-1 RINT. AUT5 DY ..—.d MGNTH) AMOUNT General .I 1W: G/M021, "'AN."'I's"'.ARTED eITO =LPA 11i/2 AC =.I UY AF—" sAU= I MANAGER /.3-17=RY —1 Chris 1-1- LSI 01 MAI =OR)I RE"EM A111=11E11 —p--1l nand E.P.y- UI R,: CoM E. W E/30l 01 =,OF 111=ANC, cm MANAGER pU U TITI-IN— PARTIES., I-- 'TATE , �— —1 cm MIT— ===O' LEASE AURRIMM MA—P leg-. /L2/.2s P` --1 IUU d lh� d th, t —E RENT TO E 'o PER No�� AMOUNT TO I T =REN1` OF RE FOR TIRE =E ON ANNI IFIE COM=Y ONUONT 'All. RP, d e.'s) =1,1 -d—e, -I.R 11ri, 1-1— Be & rjn� th—nd d.11— ($9,0RHU lo —or oI, UP F. jL 1) !, .1h =dUrl RRim AI West Covina Contract/Agreement List City Manager's Office Dated: M-1, 29. =1 —4--h-, ,.-- .n 11,ERettire Nt. - Ii—fora amber filet xaz6, xnless p.i 'r_ded —m r aee as .,he leea -1— mgmtnewmea. Atom G.n..I LimbibW: 6/1512019, nry ICl/11-1— IIC MIIIIIIIII All MANAGER WOW— 10/31/— b— PH, —E Sh.11 not .,.d Chris FreelandA.,,./.bil. lo: ..... lb'S",_ —P— y..r, from Ih. City .., .., Conaultam $,Som 1n01' Professional J.1, ib,i th.t the t— fortM1e atendetl for an SU9/xolg tl all Ind eluding the rates1— 1. Nhibi B, -11 —ti... i. —4...—h on tM1e Effe— andccpMlnue fora ,ri.,i y-, Ir E.,b__,unlers p:I .,Iy terminatetl ae p .h=dt:'in ""b" lh--, thil Ag.—t �r cm le. ibb-- ICES —IINH 05/16/2019 _y am —,b.rze-d .f ........... Sh.11 not erceetl (li ye two Qirye -1, renewal will be Ad.— by . =I"t C-11 prior eaDiration date of the This AgreememiseHenNe May ablllM nry MRi,-1.,wxrttao EMIX�:,=Rs A— ii1/2s/— X—This Agreememi:eHettNeon (I.p A 1.11— 1— n.ngei 1b, N,a g oxroarzoaa s�b— nd.r bh. Arrive Davie .—y Thi14 stWFry —T—sl-111 West Coma Contract/Agreement List City Manager's Office Dated: March 29. =1 o M1is Agree en mall bewmeeffective on t �pl--,2 r ... = — thhthd—I, :tt form Harem. At me expirationoRM1e Initial Term IN, AgreemIh., AF— —A MA —ER w.P.Is =u_th ==— .. � 2i, -1 ACENE —.1 rate of $212=0 thiM RI)dpI1.-- ,.pntm—fth —1— tentl me ter . In IN, Mr. —I h.11 prevent, limit ... t 'e—i- -r—th III, right Co _cI f E. pl.=,.the es ny rzubjettonly to the 1.1 -h., Sell.. I The mitml term ofth.s Agreement 111. (2) Clry sOOREAsSOC-ON OFFICE —461111111 CIiY FAA— 03/0112019 1- b." —, —C so OaWd ..any Umbrella U.bllft/ .ndIft .,, A.g.. M-111101 ax ll.A ab om EAL-1. '�=,'N EL M—E, ANED ICIT O_' — M—E-NEITHI Me —EII MEFEEL C-- —zP— 1111— h. wd-1 FAITIES.ith- I hl—�T CIZ ,I =:. ' _ ,(2) 2_, .,Agree AC— .—..y mix sl. (aF) mo —11MINT III IIIE IIFI D11AIT.— Is —1 =ET".L:"a' 'E" ' ANx IEIAII Th.%.Z' ,'Ih" —nd—1 to lh,s As--. West Covina Contract/Agreement List City Manager's Office Dated: March 29. =1 This Agree DI. —11—bl. i.—Thily i.(36) �l .2end ng on February p-- h—m oras --& ii—d "ALL" C 'D =Al�l, RU D-1.1. NT 02/18/20N Ww.. 4—'e't —E xrFrwxeE may be enenaea rora win eld—d bra memmtnis ,.-- .n th, Effe— DI. d.11—f.. i.—Thily i.(36) _h" _.- Febr..- bruary _7 P�F,E,sV0,N,A 'M T LS"C" Fll FIll h,r— g- d t_ 1e, —11 h— ...... SOUUERN —R- FLEET 'C "FO PAITII A"I "IAI 1111 DIPAIIII Th__" h.�- ot D.Ad .—y IAM/ 2 win beeld—d by ...d— minis agreement. niaagr —, n th, Effe— DI. —11—f.. i.—Thily i.(36) _h" _.� n February 11.21 u� _ push p-- I—Les TIUCe C-11, IM T 11ng h—m or az otherwise -g— ShA nry -I"IELIeExrrIUCI ArvD—All 1111 DIPAIIII av b, T-..., t�i� f Ir a two (xl Paula CarmanCarman—nd win beeld—d by this �_:...d— t. n, West Covina Contract/Agreement List City Manager's Office Dated: AII 29. =1 em—Adettme cm MA —EN .13 A, ponwnnen nd dr e Dry upon written —VE This Agreemen[sM1all became sA.dA.NIsLV.NeN NN. 'A.s' EEMExr CITY MA—sR /u/n. J.111 Terminated. cheedA, Didi,, h dAN, enan �e he d . n -ch him AgreementI ARMSAd CarmanY thAftr in Nil N C. .111 nry M=M'EI LEVAE AddlEM em MnxnGER ds/.mI. A., tD'.'r.�: p — .1 1pr 1, 111 PiA,71t DAvid .y ary 0 Mo,"A."IAINI, C.:s AVICEs As =sE Cm MANAGER 01/23/xo20 AVANMI h I AE ANII noteaceetl $19 DeAd ,ey ThiaAc CICITY xn CO.— MANAGER /.21) A/M12. .1 dA I"I A.Is'1 NV, IIA ._1A, Devid CarmanV Is) AAI [IrvIN I. W IA. .IANNA N� ( 1111='1'0NM C1 MA-11 IN F—LAEAR -Ad Urmany xlcmnE MI M=d d VIIII ...... t 'ITY C IsAd AsREe CII M w/01/20M 081 E I DAAd .-Iie, West Covina Contract/Agreement List City Manager's Office Dated: March 29. =1 This Agree 1VP DI. .,1 (2) .—rd.1 ..—I Hi S/25/2—, _mt, I* 2�O.2022,ACrNE -11 11 A.— mobile leb 1": cm IExruwxsuLnxOGao —1.A—. W/21/2— 07120/—t unless ,� l-dOawtl rd Ca 7 '/"L xrtnLSEPWcss P. w.isse agrees1. in lr—i— JiIbilr,: 'jt'gon tang by ,he -I., ThlaAsreement I, i—tw. b,,imi n It. . Eff— d'"' .n ..1 is earll.r wiltlh, 1--1,hi c—l—fb —rl—fl wtM1is Agree flyeari cm AgexNEsaelM. me s=,=s IT g8/01/— 1r,T") t, p—ldits _,,s $7,176 .-.n, diIy, "I of this lwreement. Llcenspr —y TtIT, Dnavd,id thatLicensor t — 4:'d. prior to the —.1 T —ft...—h �'h'th D=Ith." 1, un— =,oy-IGoT al 71912021, cm —EI=M DIII. —I MA —lit 12/09/20M 12/31/-1 Prrzd.= n.rt� I, p . 0— . Workers C.. pon Ilonand h.—I, g—d to in ETPI_� Li_ xuLnI DEPAII-stit "ting hythi VU2012 The term of tM1 Is Agreement =tihd Effi,ltr,,, Dsti, (.1 it cm Los Aitisties casxn DACE tee A..tE.t.T MI M— 01/2312021 ,lio, "d shall continue In through lone 1, —.1 ("E.Pl.li.n Al�)O21 . 111 r,ln =herein below Mended upon mutual. t ...tth. P.,i. Attachments Attachment No. 1 - Draft Financial Recovery Plan Attachment No. 1 - Exhibit A Attachment No. 1 - Exhibit B Attachment No. 1 - Exhibit C CITY Achieve Fiscal Sustainability and Financial Stability COUNCIL Financial Recovery Plan/Corrective Action GOALS & OBJECTIVES: West Covina Contract/Agreement List City Clerk's Office Dated: es— . =1 DDR/coxTx "IIE==CE�I., c.M M ovmi . —w— tz —VE all nxtexuea lsn,3mi Chn—la,d wvasme d.. Ih. Thi, 4,-- -11 be effective retroactiveto -d .—E,I.0 =j."f xux.eemmrsmwiP—Id.d I M.M. 07/31/-4 roxr�l4l years, n J.1y 20M, exams area h 1. r., =n-a ZY the panles. —M* 5h.11.-$27, D-- Daum Wert Covina Contract/Agree ...t Lift Human R-- & Rilk Mll,gllllt DIpIft— ..-: enapmMro two lil —,d Thi--h 11 Ulre Ap,,l 1, 111, ousryrer vxFsl L— --Il /m- Th.— Ih agree may be A—E .-d Grmany Ill Ye ea brew plre A-1 Thls agreemem -11 ne =W--di 11/11/2- ousryrer —WE -11 not ..d $2— D.,d =h. .d Wert Covina Contmq/Rgreement Lirt Human R:1111111 & Risk M11,911— DIPI—I.t bIIIM HI IT Division Thunpeem Lob.11" -2= aaxmaa w:nnsnazx 11 d Fi. West Covina— d/A—Lift Fire F111 ory 0 .—du. . Ori". 4 d t �i. Resolution 2019 64 Thls Agree �N 1 WA Fllt .1 .1-1 o m —11, WA 111—M 1 1 Z7 . ........ . U. cl, Rl -A-111 .1-1 mH�ooa new 1 cl, cl, I. —NI Rl -A- A- 1 N _41 cl, cl, West Covina — d/A9,--LiA Fire DIP— West Covina Con d/A91--iM h-1--,.-..--..—,h. an an inxNmvnmasna gU- D-RT—T --1 —n., Ih. 11--111-1-11111—...-I —W M.—, 5nao-1. =.l Llabll�, cl, .—I I.- cl, cl, w.n M,.N�,..m.M�, wen mraNN�� City of West Covina Financial Recovery Plan April 6, 2021 DRAFT Description of intended corrective actions, timing, prioritization of resources, and identification of individuals responsible for monitoring progress/implementation State Auditor Objective No. Action Steps Expected Completion Date Responsible Staff (Lead/Support) Status Report (Updated Monthly) 1. Ensure that the 1. Retain consultant to 1. RFP release — April 2021 Lead — Finance fees/assessments charged determine strengths and Director for services align with weakness of existing service 2. Establish budget for fee costs and increase fees to delivery models. Assess City study — May 2021 Support — reflect cost reasonably costs and revenue sources. Assistant City borne in the provision of Examine all revenue sources 3. Consultant kick-off — June Clerk, Planning city services (local, state and federal) to 2021 Manager, City develop sustainable and Engineer, and defensible revenue streams 4. Draft Fee Study — October Public Services 2021 Supervisor 2. Examine all direct and indirect costs of fees for 5. City Council adoption — service, development impact December 2021 fees and landscape/sewer district assessments 6. If voter approval is required (assessment districts only) — November 2022 W- CW., U. Community —1,p—M D,p,d,,M - Planning Division D-4: M—h 29,2021 C,.. Cltt—HUNTERAN—Cl xA PUNNING I/W.. 06M0I2021 —IE all annually Dawtl Carmany ability: 8/V2020. =ANC E —CESbyaneepaes LNUM, M/2— — 4 Pgreemena may be extentletl 8/5/2— w.- 2/512022 cl. Q7�/2020 ... .. .. ... ...... NI-111 20211 � —11 IvId C—-y T'IEE.—(11— N-E— -tiThizaareementsnall NrenN_f. 24) azn h iil�te p cm soya BMRFR w2niMq—E—.Tj� 1-1— 08/15/2o2o -MIM. ., ..i= ltl. Mn 121 AerrvFShiiii ..,d $7 --y d i, tl c rnBApeam , ::,, 1.1 b, IN c =N.IN G,5.ETM—.IREC,5E iC A vE -11 — —111 —It/A9,11,11t LIM _,"My Development Department - gull0ing I Englneering DN111*1 VENWR/CO SERVICE/P—ERaR4R-111-1- �IVE DME A��—VE o E-11 1=1141 'ZI11, I I Isngree w[e lure aysMrer IN 111111�1 ft—.11 �hll b. — d. 1, �l.... (W Alsyree 11—d.d Ih cm 3wnsrzaI EII"IEE.I,., E".1—R.. /w.. /w— —VE wsulxGsuvkEsl ll.bllj 11�11 anon d- Ih. ozv .11— —1/-- —v-- —VE Nm to E—. 17,s. an —1. .-LEAN IATER 111"M MU..". ENGINEERING 1-1 —VE N. N. ll.blllW: W A—.bll. —/-I Umbrella any Mnn�xNae,akaax.� I-N—N. —VE Llabllll ce/psnpp est <ovina Contract/Agreement List CommunityOevelopment Department- BUIl0ingg Englneering Division cm ,w«sxa :aff,r:tmNf� NxNxlrv� +uauxam wxuxat. Alayrtemem sM1all IERe wtelaan ne lxlre nerene i.K�w arnv. rvmro t«<e�xmNwN ww a, v baits tz/ayzxz; nvmmoba. ti.bnav: WNU s laviEc.,, ��,murv. wNup=.,won.,�wma�vrro� mem nelxlrea Alayrtemem, en ameMment mpuy.rs bairy:s/Uzou, afessmrel x. nr WNUzou x0/x9% mma llNy: bl.11. Wzs/mxL umerella l/ crc z�®Iwm.. rann.vmmry lm ExalrvtENma outs/zst .I n p um�l r p an. nrnvE xmmrraa 5ss,vzsz wma o,m.�r _ m/xe/miyywnmenrnmlcensstron gtrcemem lerala<raaWxotx rNeWsmvxN It,,— LIW W t,, s'xmiiiry Wxe/mxL lmtallanan xv: cm yn.ml�r�ra�nsem0 Ex0lrvffNixO oyxymxl nvmlem wmplenan. umllvmlem wmplenan. nrnvf rvta aeea f mSstspts 0 roo av rmany kmO'"O°e'"e"r/" erKm arrNrNe:e<ved rrer. .m.am,sN Endo®xng ® e,eva w.nl W- Covina C ,—/Agreement LIA Nbil, S—I— - M,iM ...... NNW- ..— ce agree en llslve On TO .=NME— N.— ...... �d IV A-1 aia agree D- h, mI etol to —ITEIANCE W— 10/ 2 2 d T �11 :11: 11, 71 MA C.m. C—Id/Ag, ... nt LiA P.blim S—i— - M---- Dimmi.. ..— M— z11 — anmm Ch---d 6/3o/1— C- 5l1- 1h, A.D-11.. 9,9 ic C, 1h, 1-1- =�Al=� IIIIICIIIICI .1-19 C- 1-1-d Thisngree P=y h— ,V, A— Ih.11-- $-M Verner. _,dlh� Carmany MA C.m. C—Id/Ag, ... �t LiA P.blim S—i— - M---- Dimmi.. ..— .— z11 — .......... m.L1111111 PUBLICSERVICES WIV-1 W/11/2022WaneD 1. =,,Ih,� ShA -,—k LIA.111- Ih =Agre.me—nan Da=l'l'ue -dm '=d' h PIII:MEI I —El W/18/2019 W/18/2022 =,, Ih,. —WE S C o —d C— 11 n. 1. .6 L.bift IM2% �MV20. WM/2M d —WE —id LoU�l 11/10, C. MA C.m. C—Id/Ag, .I,t LiA public Services - M---- Division MA C.m. C—Id/Ag, ... xt Liss Public Services - M---- Dimmi.x FxrlFogThcusL hl nePAgree h—1 1— Ih 1� L�W�: 7/L this Agreement This Agree xoxl d h—1 d W biliry: AL I—CEI) mo! l�lcFF2L. -fflw: 'Wv Ms vIl/ ..I .=.dl'l'. Ih ft—... MA C.m. C—Id/Ag, ... Pt LiA P.blim Services - M---- Division D.— .— zl — =41-- 0." V"SC" Ih ne Z. Q) W l—, workers h—n A =pMW: 'iaMI =M I—C—C. aa�eememmaybe W—) —.d I.—, IL.—j --d .1 l2) abuse: P/si-9 IhI. cln 1-1cl, I—Cl—C. 14 1. oEnaxoxt aim arnvc —.d I.—, 1-1—I.C. .—M UNT LTF.—�— AND _ C_ PR. _ C., Pia —11E -111.-1.,-.12 LlabllN, 9A 2L 21-11, State Auditor Objective No. Action Steps Expected Completion Date Responsible Staff (Lead/Support) Status Report (Updated Monthly) 2. Review, evaluate, and 1. City Clerk to prepare list 1. List of current contracts — Lead — Assistant monitor all city contracts of current contracts. (Exhibit April 2021 City Clerk A — please note this is a working list and subject to 2. Insurance verification — May Support — All change) 2021 Departments 2. Risk Management to 3. Departmental review — June verify insurance is current 2021 3. Responsible Department 4. Review and update City's designated contract manager purchasing, contracting, and to evaluate consultant bidding procedures — June effectiveness and work 2021 quality (e.g. waste hauling and street sweeping) 4. Ensure competition for procurements. Follow competitive bidding processes and monitor contract term, especially when exceeding five years West Covina Contract/Agreement List Public Services - Community Services Division Dated: March 29. 2021 TYPE OFCONTRAR CITY AGENR VENDOR/CONTRAROR SERVICE/PROIERaCi40 RE6PONSIBLE CITY DEPARTMENT EFFECTIVE DATE E%PIRATION DATE TERM OF CONTRACT ARIVE/INARIVE CONTRACT gMOUNT CITY MANAGER INSURANCE E%PINXTION DATE DESTRUCTION DATE The City and the Association, ("Parties') mutually agree by and through this executed Second Addendum to extend the term of the Agreement, which is currently set to expire on June 30, 2024, for ao addditional eight (8) years. The Agreement shall expire and shall no longer be in effect as of June 30, 2032, unless othelwise terminated er pursuant to the Agreement, the First Addendum or BESTATED th s Second Addendum. CITY CALIFORNIASTREET HOCKEY ASSOCIATION M NANCEAND PUBLIC SERVICES DB/O1/1996 06/30/20N ACTIVE ORANGEWOOD, INC. AGREEMENT This Agreement shall commence on the Effective Date and u-for a period of to, — (14) m mths, ending on February 28, 1021, unless previously terminated as PROFESSIONAL provided herein or as otherwise agreed to in writing by SERVICES AGREEMENT the parties. Workers CITY IS CITIES HOMELESS PUBLIC SERVICES O1/30/2020 02/28/2021 ACTIVE Shall not exceed David Car -any Compensation HOMELESSSERVICES OUTREACH& $3432SO and Employers COORDINATED ENTRY SYSTEM) Liability: 1/1/2022 This Agreement shall commence on the Effective Date and PROFESSIONAL -through February 28, 2021, unless previously Shall not exceed CITY UNION STATION HOMELESS SERVICES SERVICES AGREEMENT Umplementation of PUBLIC SERVICES 06/16/2020 02/28/2021 mated as provided herein or as oth—is-agreed to mrlit,.g by the parties. ACTIVE One Hundred Thousand Dollars David Carmany Motel voucher) I510o,000.00l CITY or SUBRECIPIENT may terminate this Agreement by giving days m [he other party thirty (30) prior th effective chit- of termination. Additionally, the CITY shall have AGREEMENT (FOR THE the right, in accordance with the Super Circular, Remedlee for Commercial CITY PROJECT29:11 USE OF COMMUNITY FUBUC SERVICES 07/O1/2020 06/30/2021 Nomcompliamce,2C.F.R. 200.111 through 200.362, to impau ACTIVE $30,000 David Carmany General Liability: EVELOPMENTBLOCK additional conditions pursuant to 2 CF.R. 202, terminate this )/](2020 GRANT FUNDS( Agreement withhold payment of any invoice for failure of the sue RE to-roply with the E.— and conditions of NN Agree West Covina Contract/Agreement List Public Services - Community Services Division Dated: March 29, 2021 CITY or SUBRECEPIENT may terminate this Agreement by giving written notice to the other parry (30) days prior to efffective date of termination. Additionally, the CITY shall have the right, in accordance with the Super Circular, Remedies For Noncompliance, 2 C.F.R. 200.338 through 200.342, to impose additional conditions pursuant to 2 C.F.R. 207, terminate this Agreement or withhold payment of any invoice for failure of the SUBRECIPI ENT to comply with the terms and conditions of this Agreement Should Commercial the CITY decide to terminate this Agreement after a full General Liability: AGREEMENT (FOR THE evaluation of all circumstances has been completed, the 6/5/2023, USE OF COMMUNITY the SUBRECIPIENT shall, upon written request, have the right Automobile ¢LOCK to an appeal process. A copy of the appeal process will be Liability: clTv EPxfa05 Pnxia GRANT FUNDS ISSUED PUBLIC SERVICES OJ/01/2020 By written notice attached to an termination notice. If the CITY finds that Y ACTIVE Shall notexceed Oavitl Carmany 6/5/2021, PURSUANTTOTHE the SUBRECIPIENT h—mlated the terms and conditions $30,D00. Workers REL EF, ANDECONORUSAID, RELIEF, AND ECONOMIC ofthis ment, The SUBRECIPI ENT ma bere dto: Agree y quire Compensation SECURITY (CARES) Act. (a) Repay all monies received from the CITY under this and Employers' Agreement; and/or (b) Transfer possession cf all materials Liability: and equipment purchased with grant money W the CITY. 6/5/2021. In the event of early termination, a final payment may be made to SUBRECIPI ENT upon receipt of a Final Report and wring eligible costs incurred prior to to urination. The total of all payments, including the final payment, shall not egceed the amount specified. Unless earner terminated in accordance with Pa2g,ph 4 D, below, above or Paragraphs 10(a), (b), (d) or the tens of [his Pgree nt(the"Term'( shall commence on the payment of the Joc— Fee and continue until the expimtlon of twemy- Me defined in however, (25) years as the MOA; provided, that if the have been sooner terminated Ciryfor [ITV BIG LEAGUE DREAM LICENSE AGREEMENTCfD 07/O6/20D2 12/O6/202T . whshall , or B sother[hanadefault by BUD Wes[Cpvina or BUD West Covi hand Sports Park,Orshall ACTIVE a�'ssurrentler or a rnr.rt Ofthe have been sooner terminated by BUD West Covina as a result of a default by the CKy, then this Agreement shall terminate as the -Z & termination the MCA by Me of eHect.e such a of CRY or by BUD West Covina and the options contained in Scou_ 6.2 and 6.3 shall be extinguished. EXHIBIT B LossCAP Program Initial Risk Management Evaluation City of West Covina July 15 - 16, 2019 cnL.iroiiNin 1 ' I, ' I n 79 of 143 City of West Covina Initial Risk Management Evaluation [21 Table of Contents ExecutiveSummary ...................................................................................................3 NewAction Items.....................................................................................................4 Records & Contract Management...............................................................................4 Occupational Safety & Health Programs ......................................................................7 HumanResources...................................................................................................17 Fleet and Driver Management..................................................................................21 Infrastructure Management.....................................................................................22 Parks and Playground Management..........................................................................28 Recreation and Community Services.........................................................................35 LawEnforcement Services.......................................................................................38 Fire Department Operations.....................................................................................40 ReportSummary .....................................................................................................41 AgencyExemplar....................................................................................................42 CALIFORNIA 1 • P • I , A 80 of 143 City of West Covina Initial Risk Management Evaluation [3) Executive Summary This report contains the findings of an Initial Risk Management Evaluation (IRME) of the City of West Covina. The evaluation was conducted by the California Joint Powers Insurance Authority (California JPIA) on July 16, 2019. The California JPIA extends its thanks to staff for their support and assistance in completing this evaluation. This report is designed to assist your agency in addressing areas in which risk exposure or loss data support the need for change in operations or activity. This report is arranged to outline the various areas of concern identified during the evaluation. Specifically, the IRME, although not exhaustive in scope, does this by examining key areas of your operations. Action items made are drawn from information provided by agency staff and conditions observed at the time of the evaluation and are measured against various applicable statutes, regulatory codes, and Best Risk Management Practices. Best Risk Management Practices (BRMP) are accepted in the professional community as those measures best able to control risk exposure. BRMP do not have an associated regulatory requirement, but are considered sound measures to reduce losses. Each action item may be supported by a standard (statute, regulatory code, or publication) and/or resource, and will be noted accordingly; otherwise, it is considered a BRMP. Your agency is encouraged to act upon the findings contained herein, in a manner that is consistent with their importance to your agency. Risk management, loss control, and safety are daily responsibilities of your agency. Visits and related efforts made by the California JPIA are not considered or intended to supplant your agency's comprehensive risk management and safety programs. Successfully managing risk ensures that your agency is able to reduce impact on key areas of your operations, including services, personnel, and property. Finally, we have included an Agency Exemplar at the end of the report to serve as a guide to help our members better understand the elements of good risk management. CALIFORNIA J - P • I • A 81 of 143 City of West Covina Initial Risk Management Evaluation [41 New Action Items Records & Contract Management Action Item: 2019-001 Observations: The following contract agreements were reviewed during the evaluation: o The Los Angeles County Metropolitan Transportation Authority (LACMTA): The agreement did not include the Evidence of Coverage and Additional Insured Endorsements. o San Gabriel Mountains Regional Conservancy - Operation and Maintenance of the Galster Park Nature Program: The agreement does not require sexual/physical abuse insurance. The contract should include sexual molestation coverage as the contractor will be working with minor children. The agreement did not include the Evidence of Coverage and Additional Insured Endorsements. o Busy Bee Home Day Care — Facilities Use Agreement: The agreement did not require an Additional Insured Endorsement. The agreement did not include the Evidence of Coverage. o Merchants Landscape Services, Inc. — Landscape Maintenance: The Certificate of Insurance provided was expired and it did not provide the policy limits as required per the Agreement. The Agreement does not include language pertaining to the inspection and maintenance of the playgrounds. Include language in the Agreement outlining the Agency's playground maintenance and inspection requirements. o West Coast Arborists, Inc. — Tree Trimming: The agreement did not include the Evidence of Coverage and Additional Insured Endorsements. o Willdan Engineering — Professional Services Agreement: The agreement did not include the Evidence of Coverage and Additional Insured Endorsements. o Santa Barbara Transportation Corp. dba Student Transportation of America: The contract expired 9/30/2018. If the agency is currently using the services of this provider, a current agreement should be executed. The contract should include sexual molestation coverage as the contractor will be working with minor children. The agreement did not include the Evidence of Coverage and Additional Insured Endorsements. o Big League Dreams West Covina, LLC (BLDWC) — Maintenance and Operations Agreement: The agreement did not include the Evidence of Coverage and Additional Insured Endorsements. o The Humane Society of Pomona Valley, Inc. dba Inland Valley Humane Society & S.P.C.A. -The Animal Shelter & Animal Control Services Agreement: The Agreement does not include an expiration date. The agreement did not include the Evidence of Coverage and Additional Insured Endorsements. CALIFORNIA 1' P- I'A 82of143 City of West Covina Initial Risk Management Evaluation [51 o City of West Covina and LA County Sheriff's Dept - MOU Agreement: The agreement was signed by West Covina's former Chief of Police on 06/28/16. The Memorandum is to be reviewed at a minimum of once every two (2) years. Staff members indicated that insurance types and limits are not determined by contract exposure. Action Required: Based on the observations made when reviewing the above contracts, the following recommendations are made to enhance your agency's contract management efforts: o Obtain certificates of insurance and endorsements from contractors. Contractors should provide certificates of insurance and policy endorsements before they can begin work. Contractors should be notified immediately in writing when insurance documentation is deficient or is not received as required. o Review existing specifications for the most frequently used types of contracts and ensure that required levels of insurance are adequate to the scope of services provided by contractors. Increase limits when necessary, using the minimum suggested insurance limits outlined in the California JPIA's Contractual Risk Transfer for California Public Agencies manual. o Renegotiate contracts as needed at renewal times, and clearly delineate insurance requirements based on the exposure of the contract. o The agency clerk or designee should maintain the filing system for all service and construction contracts and agreements. Certificates of insurance, indemnification agreements, endorsements, and bonding documents required by contract provisions should be kept together with the original contract agreements. Complete documentation should be maintained within fire safe containers and protected by a fire detection and suppression system. o Develop contract documentation tracking procedures to monitor contractor compliance with contract provisions and to ensure that insurance documents required in contracts are received in a timely fashion. By properly managing its contracts, the agency can reduce its loss exposures and likewise reduce disputes with contractors and their insurers when a loss occurs. Standards: Best Risk Management Practices Resources: Contractual Risk Transfer for California Public Agencies manual. California JPIA, Seventh Edition, 2018 CALIFORNIA - P - I - A 83 of 143 City of West Covina Initial Risk Management Evaluation [61 Action Item: 2019-002 Observations: Contracts are not developed and implemented for all service providers. Action Required: Develop and execute service contracts which include appropriate risk transfer language when outsourcing agency activities to service companies. By properly managing its contracts, the agency can reduce its loss exposures and likewise reduce disputes with contractors and their insurers when a loss occurs. Standards: Best Risk Management Practices Resources: Contractual Risk Transfer for California Public Agencies manual. California JPIA, Seventh Edition, 2018 Action Item: 2019-003 Observations: The agency does not require insurance as part of the encroachment permit application and its indemnity language is broad. Action Required: Revise encroachment permit to include insurance requirements and appropriate indemnity language. Resources: A sample template is located on the California JPIA's website. CALIFORNIA 1 - p I -A 84 of 143 City of West Covina Initial Risk Management Evaluation [71 Occupational Safety & Health Programs Action Item: 2019-004 Observations: The agency has not implemented a Facilities Inspection Program. Action Required: Develop and implement a program to regularly inspect agency facilities to identify hazardous conditions and practices that require corrective or preventive measures, consistent with the requirements of Cal/OSHA. This program should be coordinated with the inspection program required by the Injury and Illness Prevention Program and should include documentation of identified deficiencies and corrective actions that are completed or planned. Standards: California Code of Regulations, Title 8, Section 3203 (a) (4); 29 CFR 1910.157, Fire Protection Resources: Sample checklists have been developed and are located on the California JPIA's website. Action Item: 2019-005 Observations: A centralized Safety Manual has not been developed. Action Required: Develop a centralized Safety Manual to encourage employee awareness of and compliance with each of the agency's specific safety policies. The manual should include all department -specific safety policies and be formally adopted by the agency governing body. The Injury and Illness Prevention Program Administrator will be better prepared to respond to questions posed by a Cal/OSHA inspector if a centralized Safety Manual is maintained, and it will also enable the agency to maintain greater control over the Cal/OSHA inspection process. Standards: California Code of Regulations, Title 8, Section 3203 Resources: A link to additional website Resources and a sample program has been provided and is located on the California JPIA's website. CALIFORNIA J - P • I • A 85 of 143 City of West Covina Initial Risk Management Evaluation [8) Action Item: 2019-006 Observations: The agency does not have a Bloodborne Pathogens Exposure Control Program. Action Required: Assess employee exposure to blood or other potentially infectious materials, document the findings, and include this in the centralized Safety Manual. The California Code of Regulations provides that all employers who may reasonably be anticipated to have this occupational exposure develop a Bloodborne Pathogens Exposure Control Plan consistent with the requirements of Cal/OSHA. Standards: California Code of Regulations, Title 8, Section 5193; 29 CFR 1910.1030, Bloodborne Pathogens Resources: A link to additional website resources has been provided and is located on the California JPIA's website. Action Item: 2019-007 Observations: The agency does not have a Confined Space Entry Control Program. Action Required: Determine whether confined spaces exist at agency facilities. If confined spaces exist, a written Confined Space Entry Control Program, consistent with the applicable Sections of Cal/OSHA, should be developed. The program must include procedures for testing the atmosphere in confined spaces; assignment of supervisors, attendants, and rescue personnel; and employee training. A permit system may be required. Standards: California Code of Regulations, Title 8, Sections 5156, 5157, and 5158, Confined Spaces; 29 CFR 1910.146 Resources: A sample policy has been developed and is located on the California JPIA's website. CALIFORNIA i • P - I - A 86 of 1143 State Auditor Objective No. Action Steps Expected Completion Date Responsible Staff (Lead/Support) Status Report (Updated Monthly) 3. Set aside land sale 1. Economic Development Review, update and publish list Lead — City revenue to compensate for Office to track all land sales of City of West Covina assets Manager's Office any shortfalls in revenue and report as to use of — June 2021 that the City experiences as proceeds of sales Support — a result of the effects of the Assistant City pandemic on the City's 2. Finance Department to Manager fiscal year 2020-21 budget estimate City portion of each land sale 4. Proactively mitigate risk 1. City joined the CJPIA on 1. Quarterly meetings: March, Lead — Human and exposure to litigation July 1, 2020 June, September, and Resources & Risk through training and December Management implementation of best risk 2. Review LossCap Action Director management practices Plan regularly, including 2. 50% of corrective actions "top 5" important priority completed by December 2021 Support — All issues Departments 3. 100% of corrective actions 3. Establish quarterly high- completed by December 2023 level executive team meetings and safety committee meetings for LossCap review 4. Corrective actions taken as identified in the Initial Risk Management Evaluation (Exhibit B) City of West Covina Initial Risk Management Evaluation [91 Action Item: 2019-008 Observations: The agency does not have an Emergency Action Plan. Action Required: Develop and implement an Emergency Action Plan consistent with the requirements of Cal/OSHA. This plan shall be in writing and shall cover those designated actions employers and employees must take to ensure employee safety from fire and other emergencies. Elements of the plan include (at a minimum): o Emergency escape procedures and emergency escape route assignments; o Procedures to be followed by employees who remain to operate critical plant operations before they evacuate; o Procedures to account for all employees after emergency evacuation has been completed; o Rescue and medical duties for those employees who are to perform them; o The preferred means of reporting fires and other emergencies; o Names or regular job titles of persons or departments who can be contacted for further information or explanation of duties under the plan; o An employee alarm system that complies with Article 165; o The types of evacuation to be used in emergency circumstances: and o Training. Standards: California Code of Regulations, Title 8, Section 3220; 29 CFR 1910.38 Resources: A link to additional website resources has been provided and is located on the California JPIA's website. Action Item: 2019-009 Observations: The agency does not have a Fire Prevention Plan. Action Required: Develop and implement a Fire Prevention Plan consistent with the requirements of Cal/OSHA. This plan should include an inventory of fuels and sources of ignition, fire protection systems, housekeeping policies, employee training, and the names or job titles of responsible personnel. Standards: California Code of Regulations, Title 8, Section 3221; 29 CFR 1910.39 Resources: A link to additional website resources has been provided and is located on the California JPIA's website. CALIFORNIA I • n - I - A 87 of 143 City of West Covina Initial Risk Management Evaluation [101 Action Item: 2019-010 Observations: The agency does not have a Hazard Communication Program. Action Required: Develop and implement a Hazard Communication Program, consistent with the requirements of Cal/OSHA. This program should include product labeling, Safety Data Sheets (SDS) availability, and employee training. Standards: California Code of Regulations, Title 8, Section 5194; OSHA Publication 3695 Resources, A link to additional website resources has been provided and is located on the California JPIA's website. Action Item: 2019-011 Observations: The agency does not have a Hearing Conservation Program. Action Required: Assess employee exposure to hazardous noise levels, document the findings, and include this in the centralized Safety Manual. This program should contain provisions for pre -employment assessment, appropriate hearing protection, annual audiometric tests, annual employee training, and periodic environmental assessments. Determine if existing machinery emits noise greater than 85 dB and how long employees are exposed to the machinery. If the research indicates that employees are exposed to noise levels in excess of 85 dB for an eight -hour time -weighted average, a Hearing Conservation Program, consistent with the requirements of Cal/OSHA, should be implemented. Standards: California Code of Regulations, Title 8, Article 105, Section 5097; 29 CFR 1910.95, Occupational Noise Exposure Resources: A link to additional website resources has been provided and is located on the California JPIA's website. CALIFORNIA 1 • P , I - A 88 of 143 City of West Covina Initial Risk Management Evaluation [III Action Item: 2019-012 Observations: The agency does not have a Heat Illness Prevention Program. Action Required: A Heat Illness Prevention Program should be developed and implemented. The program should include provision of shade, breaks, drinking water, and employee/supervisor training in recognizing the symptoms of heat illness. Standards: California Code of Regulations, Title 8, Section 3395; OSHA General Duty Clause, Section 5(a)(1) Resources: A link to additional website resources has been provided and is located on the California JPIA's website. Action Item: 2019-013 Observations: The agency's Injury and Illness Prevention Program is outdated. It was last updated in 1994. Action Required: Revise the agency's Injury and Illness Prevention Program to comply with the requirements of Cal/OSHA. The following required provisions should be reviewed and revised as necessary: o Identification of the person or persons responsible for implementing the program; o The agency's name and address; o The employer's system for identifying and evaluating workplace hazards, including scheduled periodic inspections to identify unsafe conditions and work practices; Investigations of all occupational injuries and illnesses; o The employer's methods and procedures for correcting unsafe or unhealthy conditions and work practices in a timely manner; o An occupational health and safety training program designed to instruct employees in general safe and healthy work practices and to provide specific instructions with respect to hazards specific to each employee's job assignment; o The employer's system for communicating with employees on occupational health and safety matters, including provisions designed to encourage employees to inform the employer of hazards at the work site without fear of reprisal (anonymous reporting system); and o The employer's system for ensuring that employees comply with safe and healthy work practices, which must include recognition, training, re-training, and disciplinary action. The agency's Injury and illness Prevention Program should be reviewed and revised as necessary annually. CALIFORNIA P - I • A 89 of 143 City of West Covina Initial Risk Management Evaluation [121 Standards: California Code of Regulations, Title 8, Section 3203 Resources: A sample policy has been developed and is located on the California JPIA's website. Action Item: 2019-014 Observations: The agency does not have a Lockout/Tagout Program. Action Required: Develop a written Lockout/Tagout Program, consistent with the requirements of Cal/OSHA. The agency's Lockout/Tagout procedures must be followed whenever outside servicing personnel are engaged in this work. Standards: California Code of Regulations, Title 8, Sections 3314 and 2320; Appendix A to 29 CFR 1910.147 Resources: A link to additional website resources has been provided and is located on the California JPIA's website. Action Item: 2019-015 Observations: Agency forklift operators have not been trained as required. Action Required: Provide training to operators of powered industrial trucks in accordance with the California Code of Regulations, Title 8. Refresher training should be provided every three years or as required by the California Code of Regulations, Title 8. Standards: California Code of Regulations, Title 8, Section 3668; OSHA General Duty Clause, Section 5(a)(1) CALIFORNIA 1 - P , I • A 90 of 143 City of West Covina Initial Risk Management Evaluation [131 Action Item: 2019-016 Observations: The agency does not have a Repetitive Motion Injury Control (Ergonomics) Program. Action Required: Consider developing and implementing a Repetitive Motion Injury Control (Ergonomic) Program consistent with the requirements of Cal/OSHA. This is required where a repetitive motion injury (RMI) has occurred to more than one employee under the following conditions: o The employees incurring the RMIs were performing a job process, or operation of identical work activity; o The RMIs were musculoskeletal injuries that a licensed physician objectively identified and diagnosed; and o The RMIs were reported by the employees to the employer in the last twelve months. This program should include a worksite evaluation, control of exposures that have caused repetitive motion injuries, and training of employees. Standards: California Code of Regulations, Title 8, Sections 3203 and 5110; 29 CFR 1910.900 Resources: A sample policy has been developed and is located on the California JPIA's website. Action Item: 2019-017 Observations: The agency does not have a Respiratory Protection Program, nor has an Airborne Health Hazards Assessment been completed. Action Required: Document the agency's assessment regarding employee exposure to airborne health hazards in the workplace and include this in the centralized Safety Manual. Reassess employee exposure periodically. If identified hazards cannot be eliminated, develop and implement a Respiratory Protection Program, consistent with the requirements of Cal/OSHA. Standards: California Code of Regulations, Title 8, Section 5144; 29 CFR 1910.134, Respiratory Protection Resources: A sample policy has been developed and is located on the California JPIA's website. CALIFORNIA 1 ' P ' I - A 91 of 143 City of West Covina Initial Risk Management Evaluation [14] Action Item: 2019-018 Observations: The agency does not have a formal Trenching and Excavation Safety Program in place. Action Required: A Trenching and Excavation Safety Program, consistent with the requirements of Cal/OSHA, should be developed. Training should be conducted as needed and as required. Standards: California Code of Regulations, Title 8, Section 1541; 29 CFR 1910.652 Excavations, Requirements for Protective Systems Resources: A link to additional website Resources and a sample program has been provided and is located on the California JPIA's website. Action Item: 2019-019 Observations: The agency does have a Safety Committee, though it is not currently active. The agency's Injury and Illness Prevention Program (IIPP) needs revisions. Action Required: Determine if the Safety Committee will resume or formally disband the Safety Committee and reassign its defined responsibilities to other agency staff. Should the agency decide to resume the Safety Committee's efforts, it should consider broadening the scope of issues covered during Safety Committee meetings and keep a file of meeting agendas and minutes of items discussed and actions taken. The issues should include: o Overseeing a hazard identification program for all departments; o Reviewing accidents involving agency employees to make certain the actions taken to prevent recurrence are adequate; o Monitoring accident statistics to determine trends and problem areas; o Reviewing safety training needs and current training programs for adequacy and recommending changes or additional programs as necessary; o Initiating programs to stimulate and maintain employee interest in safety; and o Reviewing and evaluating safety and health recommendations from all sources, including employee suggestions and complaints. If the Safety Committee will resume, develop a formal written policy with regular meetings at the specified frequency. The policy should be included in the agency's Injury and Illness Prevention Program. Standards: Best Risk Management Practices CALIFORNIA J • P - I - A 92 of 143 City of West Covina Initial Risk Management Evaluation [151 Action Item: 2019-020 Observations: It is unknown whether training is provided to employees who may be exposed to hazards associated with working around asbestos or lead -based paint. There is not a written Operations and Maintenance Program in place for agency facilities which contain asbestos or lead -based paint building materials. Action Required: Personnel activities should be reviewed to determine whether there is a potential for employee exposures to asbestos or lead. When employees are exposed to asbestos or lead, an Exposure Control Plan should be developed. Personal protective equipment (PPE) and employee training should be provided as needed and required. Develop and implement an Operations and Maintenance Program to manage exposures to asbestos -containing materials and lead -based paint, consistent with the requirements of the California Code of Regulations, Title 8. The program should include employee awareness training. It should also contain a provision advising all employees, service vendors, contractors, and tenants of the known presence of asbestos -containing materials (ACM) and lead -based paint (LBP) in agency facilities, as well as any pre-1978 facilities that have not been sampled. Awareness training reduces the potential for any accidental disturbance of ACM and LBP, and it ensures that proper response procedures are initiated in the event of an incident. Standards: California Code of Regulations, Title 8, Section 1529, 1532.1, 5208 and 5216 40 CFR, Part 763 — Asbestos; California Code of Regulations, Title 8, Section 5208, Asbestos; 29 CFR 1910.1200 Hazard Communication Resources: A sample program has been developed and is located in the Resource Center on the California IPIA's website. CALIFORNIA 1' F' I'A 93of143 City of West Covina Initial Risk Management Evaluation [161 Action Item: 2019-021 Observations: Automated External Defibrillators (AEDs) and other medical emergency equipment were provided for emergency use. It was not determined whether the AEDs are inspected, tested, and maintained on a regular basis. It was not determined whether staff members are properly trained on the use of AEDs and maintain current CPR certification. It was not determined whether a written program outlining the operation, inspection, maintenance, and training requirements for AEDs has been developed. Action Required: AEDs should be inspected monthly to ensure that they are in good condition and functional. AEDs should be tested and maintained in accordance with the recommendations of the manufacturer. All inspections, testing, and maintenance should be documented An adequate number of staff should be properly trained to respond to emergency situations requiring the use of the AED. This training should include, at a minimum, training on proper use of the AED as well as maintaining current CPR certification. All staff at locations with AEDs should annually receive a brochure that describes the proper use of the AED. This information should also be posted next to each AED. All staff should be informed annually as to the location of each AED. If one does not exist, a written program that complies with the requirements of the California Health and Safety Code should be developed. Standards: California Health and Safety Code, Section 1797.196; California Civil Code, Section 1714.21 Resources: A sample policy has been developed and is located on the California JPIA's website. CALIFORNIA 1 - r , I - A 94 of 143 City of West Covina Initial Risk Management Evaluation [171 Human Resources Action Item: 2019-022 Observations: The organization's Personnel Manual and personnel policies are not reviewed regularly with employees. Action Required: Employees should be periodically required to sign an acknowledgement of these policies. To ensure regular acknowledgement of the policies, this can be incorporated into annual performance evaluations. Standards: Best Risk Management Practices Action Item: 2019-023 Observations: Pre -employment screening for alcohol and/or controlled substances is conducted for all prospective employees. The agency has not created a list of safety -sensitive positions. Action Required: Agency policy should be updated to reflect case law which prohibits blanket drug screening of employment applicants. The agency should develop a list of safety - sensitive positions for which employment is contingent upon screening for illegal or controlled substances. Accordingly, only those applying for positions identified as safety -sensitive should be screened for illegal or controlled substances. Standards: Best Risk Management Practices Action Item: 2019-024 Observations: Annual performance evaluations do not consider safety compliance. Action Required: Include safety compliance as part of the evaluation. Quantifiable performance measures should be utilized when evaluating safety compliance. Standards: Best Risk Management Practices CALIFORNIA 1 - P - I - A 95 of 143 City of West Covina Initial Risk Management Evaluation [181 Action Item: 2019-025 Observations: Volunteers are utilized; however, a Volunteer Handbook has not been developed. Action Required: Develop and distribute a Volunteer Handbook to volunteers defining volunteer roles and responsibilities. Provide initial and refresher training to all volunteers at least annually. Standards: Best Risk Management Practices Resources: A sample policy has been developed and is located on the California JPIA's website. Action Item: 2019-026 Observations: The organization does not have a Volunteer Orientation and Training Program in place. Action Required: Develop a Volunteer Orientation Program that includes an introduction to agency policies as well as safety training consistent with the requirements of Cal/OSHA. Field services personnel should have "tailgate" safety meetings on a bi-weekly basis with training sessions lasting a minimum of 15 minutes. For administrative and clerical staff, quarterly safety meetings are adequate. Training should include hazards specific to employee job assignments as well as hazards common to all workplaces and situations. Documentation of these meetings should be maintained for at least three years and be readily available for review by Cal/OSHA or other enforcement agencies. Standards: California Code of Regulations, Title 8, Section 3203 (a) (7) Resources: Register for workshops online on the California JPIA's website. Action Item: 2019-027 Observations: The agency does not evaluate the driving record of volunteers when driving is a job function. Action Required: Require prospective volunteers to provide a current Motor Vehicle Report. This will allow the agency to determine whether prospective volunteers have acceptable driving histories before extending an offer to those where driving is a job function. Standards: Best Risk Management Practices CALIFORNIA J - F I • A 96 of 143 State Auditor Objective No. Action Steps Expected Completion Date Responsible Staff (Lead/Support) Status Report (Updated Monthly) 5. Address the excessive 1. Evaluate current Fire 1. Analyze current deployment Lead — Fire Chief cost currently incurred Department deployment — April 1, 2021 providing fire and model Support — Finance emergency medical 2. Analyze alternatives — May Director and services 2. Document reasons for 1, 2021 Human Resources absences causing OT Director 3. Meet with stakeholders — 3. Develop viable June 1, 2021 alternatives for fire and emergency management services 4. Discuss alternative plans with appropriate stakeholders 6. Prepare financial 1.Use a multiyear forecast to 1. Prepare and annually update Lead — Finance analyses that evaluate both quantify the impact of the forecast to include all Director the short-term and long- decisions on the city's projected revenue and term financial implications financial condition expenditures, adding Support — All of significant spending information on new Departments decisions 2. Evaluate short and long- assumptions, unanticipated term impacts of major costs, and cost -saving actions — revenue and expenditure July 2022 decisions. Recognize trade- offs and opportunities of 2. Prepare a financial each decision evaluation template — August 2021 3. Staff training — September 2021 4. Include fiscal impact in Council agenda actions — December 2021 City of West Covina Initial Risk Management Evaluation [191 Action Item: 2019-028 Observations: The agency does not conduct background checks on all volunteers. Action Required: Perform background checks on all volunteers, including those who work with or around minors. Standards: Public Resources Code, Section 5164, and Penal Code, Section 11105.3 Resources: A link to additional website resources on Criminal Background Check requirements is located on the California JPIA`s website or the National Recreation and Park Association — Operation TLC2 "Making Communities Safe." Action Item: 2019-029 Observations: The agency does not have a formal policy and procedure for notifying Cal/OSHA in the event an employee is involved in a serious injury or illness. Action Required: A formal policy and procedure should be developed to meet the requirement that Cal/OSHA be notified of serious injury or illness, or death of an employee. Develop a chain of command and designate a key person to notify Cal/OSHA when required. Standards: California Code of Regulations, Title 8, Section 342, and Section 330(h) Resources: A link to additional website resources has been provided and is located on the California JPIA's website. CALIFORNIA 1' P° I -A 97of143 City of West Covina Initial Risk Management Evaluation [201 Action Item: 2019-030 Observations: The agency has not developed a Transitional Return to Work Program. Action Required: Establish a written Transitional Return to Work Policy for injured or ill employees and volunteers and include this policy in both the Employee and Volunteer Handbooks and respective orientation programs. Individuals who cannot return to their previous work or volunteer functions, either temporarily or permanently, should be medically examined to determine their work capacity, and every effort should be made to accommodate transitional light duty requirements. Transitional light duty assignments should be identified and developed before injuries occur to best ensure the effectiveness and success of the program. The agency should consider including individuals on light duty assignments in some of the various inspection programs recommended in other formal recommendations contained within this report. Standards: Best Risk Management Practices Resources: A sample policy has been developed and is located on the California JPIA's website. CALIFORNIA J - P • I • A 98 of 143 City of West Covina Initial Risk Management Evaluation (211 Fleet and Driver Management Action Item: 2019-031 Observations: Supervisors of commercial vehicle operators have not received the required drug and alcohol awareness training. The agency's commercial drivers have not received training in alcohol and substance abuse awareness. Action Required: Provide required drug/alcohol awareness training to all supervisors overseeing drivers of commercial vehicles. Continue monitoring employees who operate vehicles for improper consumption of alcoholic beverages and use of controlled substances and enroll all commercially licensed drivers in a random drug and alcohol testing program. Standards: 49 Code of Federal Regulation Part 40; 49 Code of Federal Regulations, Section 382.603 Resources: Register for workshops online in the Resource Center on the California JPIA's website. Action Item: 2019-032 Observations: The agency does not have a formal Commercial Vehicle Inspection Program. Action Required: Develop and implement a program to regularly inspect agency commercial vehicles to identify hazardous conditions that require repairs or preventive maintenance. A minimum inspection frequency of monthly is recommended. Standards: Best Risk Management Practices CALIFORNIA 1 ' P ' I - A 99 of 143 City of West Covina Initial Risk Management Evaluation [22) Infrastructure Management Action Item: 2019-033 Observations: The agency has conducted an ADA Self -Evaluation of agency facilities; however, it is not in writing. Action Required: Perform a written ADA Self -Evaluation of all public facilities. By January 26, 1993, each public entity was to have evaluated its services, policies and practices to determine their effect on accessibility of public facilities and modify them as necessary. Standards: Americans with Disabilities Act, Title H. Section 35.149-151; 28 C.F.R. § 35.104 Resources: Assistance can be obtained from the following website links: http://www.ada.gov/websites2.htm; http://www.section508.gov. Action Item: 2019-034 Observations: The agency has not developed an ADA Transition Plan outlining the steps necessary to achieve barrier -free access. Action Required: Develop a formal ADA Transition Plan outlining the steps necessary to complete structural changes to facilities to achieve required accessibility. Existing buildings were to have been retrofitted to eliminate barriers to program accessibility no later than January 26, 1995. Public entities with 50 or more employees were to have developed a Transition Plan by July 26, 1992. The Transition Plan must identify physical obstacles, describe how the agency will make facilities accessible, outline the schedule for each year's modification efforts, and indicate the official with responsibility for implementation of the Transition Plan as required. Standards: Americans with Disabilities Act, Title II, Section 35.149-151; 28 C.F.R. § 35.104 Resources: Assistance can be obtained from the following website links: http://www.ada.gov/websites2.htm; http://www.section5Q8.gov. CALIFORNIA i - P • I - A 100 of 143 City of West Covina Initial Risk Management Evaluation [231 Action Item: 2019-035 Observations: The agency does not have a formal ADA Grievance Policy or ADA Grievance Coordinator. Action Required: Develop a formal ADA Grievance Policy. Agencies with 50 or more employees must designate a responsible person to coordinate efforts to comply with ADA, carry out responsibilities, and establish grievance procedures that provide for prompt and equitable resolution of complaints alleging prohibited actions. Standards: Americans with Disabilities Act, Title II, Section 35.107; 28 CFR Part 35 §35.107, Designation of Responsible Employee and Adoption of Grievance Procedures Resources: A sample policy has been developed and is located on the California JPIA's website. Action Item: 2019-036 Observations: The agency has not developed an Asbestos and Lead -Based Paint Awareness Program. The agency has not formally inspected its facilities for the presence of asbestos and lead -based paint. Action Required: Develop and implement an Operations and Maintenance Program to manage exposures to asbestos -containing materials and lead -based paint, consistent with the requirements of the California Code of Regulations, Title 8. The program should include employee awareness training. It should also contain a provision advising all employees, service vendors, contractors, and tenants of the known presence of asbestos -containing materials (ACM) and lead -based paint (LBP) in agency facilities, as well as any pre-1978 facilities that have not been sampled. Awareness training reduces the potential for any accidental disturbance of ACM and LBP, and it ensures that proper response procedures are initiated in the event of an incident. Standards: California Code of Regulations, Title 8, Sections 1529, 1532.1, 5198, and 5208 29 CFR 1910.1001, Toxic and Hazardous Substances; Asbestos Resources: A sample program is located in the Resource Center on the California JPIA website. CALIFORNIA I' e' I'A 101of143 City of West Covina Initial Risk Management Evaluation [241 Action Item: 2019-037 Observations: The agency website does not include Terms and Conditions. Action Required: Develop website Terms and Conditions and post them to the agency's website. Standards: Best Risk Management Practices Resources: A sample policy has been developed and is located on the California JPIA's website. Action Item: 2019-038 Observations: A Tree Inspection and Maintenance Program has not been developed or implemented. Action Required: Develop and implement a Tree Inspection and Maintenance Program. Standards: Best Risk Management Practices Resources: A sample policy has been developed and is located in the Resource Center on the California JPIA's website. Action Item: 2019-039 Observations: The agency has not established formal sidewalk maintenance and repair standards. Action Required: Develop and implement formal inspection and repair standards to guide the inspection and maintenance of sidewalks and related infrastructure features. Standards: Best Risk Management Practices Resources: A sample policy has been developed and is located on the California JPIA's website. Action Item: 2019-040 Observations: While some of the storm drain covers have been retrofitted to ensure that bicycle tires cannot get trapped in grid patterns that run parallel to the direction of traffic, many have not. Action Required: Retrofit remaining storm drain covers for bicycle safety. Standards: Best Risk Management Practices CALIFORNIA 1 • F - I • A 102 of 143 City of West Covina Initial Risk Management Evaluation [25] Action Item: 2019-041 Observations: The Agency does not have design plans for all major roadways and related infrastructure. Action Required: To preserve design immunity, a comprehensive index should be developed and matched to all major roadways. Identify missing roadway design plans and develop a program to recreate any missing plans through a review of those specific roadways and approval by Council or through those granted discretionary authority. Standards: Best Risk Management Practices Resources: California JPIA White Paper Series: The Design Immunity Action Item: 2019-042 Observations: The following observations were made at the Wescove Day Care: o Some of the doormats were torn, curled, and/or damaged. This condition poses trip/fall hazards. o One or more of the illuminated exit signs observed were only partially lit. Action Required: Repair or replace doormats at front entrance of the day care. Exit signs should be equipped with light bulbs for all sockets so that the signs are still illuminated even if one bulb fails. Standards: California Code of Regulations, Title 8, r Section 3273, Working Area; 29 CFR 1910.22 General Requirements - Walking -Working Surfaces; California Fire Code, Section 1011, Exit Signs; California Fire Code, Section 1011.2, Illumination; California Code of Regulations, Title 24, Section 1006, Means of Egress Illumination; NFPA 101, Chapter 5 - Means of Egress CALIFORNIA 1' F' I'A 103of143 City of West Covina Initial Risk Management Evaluation [261 Action Item: 2019-043 Observations: The following observations were made at the Public Works Department - Maintenance Division: o At least one of the ladders observed was unsecured and leaning against the wall. These ladder storage practices pose falling object hazards. o Cross bars were missing from storage racks. o Compressed gas cylinders were not properly secured. Action Required: Ladders should be stored on wall hooks or secured with ropes, straps, or chains to prevent them from falling if struck or during seismic activity. Determine if current storage racks can safely support the intended load. Secure compressed gas cylinders with one or more restraints to prevent falling caused by contact, vibration or seismic activity. Standards: California Code of Regulations, Title 8, Section 3241, Live Loads; 29 CFR 1910, Subpart D - Walking -Working Surfaces; California Government Code, Section 835 California Fire Code, Section 3003.5.3; 29 CFR 1910.101, Compressed Gases (General Requirements) CALIFORNIA J - P - I ' A 104 of 143 City of West Covina Initial Risk Management Evaluation [271 Action Item: 2019-044 Observations: The fire extinguishers are not inspected !� on a monthly basis. Action Required: Ensure that fire extinguishers are J, F visually inspected monthly, consistent with the requirements of Cal/OSHA and California Fire Code. Standards: California Fire Code, Section 906, Portable Fire Extinguishers; California Code of Regulations, Title 8, Section 6151, Portable Fire Extinguishers Action Item: 2019-045 Observations: It was not determined whether emergency eyewash stations are inspected and tested on a regular basis. Action Required: All emergency eyewash stations should be tested and flushed weekly to verify proper operation. Plumbed units should be flushed for a minimum of three minutes. All inspection information should be documented and maintained for a minimum of one year. Standards: California Code of Regulations, Title 8, Section 5162, Emergency Eyewash and Shower Equipment; 29 CFR 1910, Subpart K - Medical and First Aid CALIFORNIA 1 - P ' I - A 105 of 143 City of West Covina Initial Risk Management Evaluation [28] Parks and Playground Management Action Item: 2019-046 Observations: Detailed installation, maintenance, inspection, and repair records were not available or each piece of playground equipment. Action Required: Detailed installation, maintenance, inspection, and repair records for each piece of playground equipment should be established, maintained, and documented. Standards: California Health and Safety Code, Sections 115725-115735; CPSC, Publication 325, Public Playground Safety Handbook Action Item: 2019-047 Observations: Not all agency -owned playgrounds have been audited by a Certified Playground Safety Inspector (CPSI). Action Required: All playgrounds must have an initial inspection completed by a Certified Playground Safety Inspector (CPSI) prior to their use. Standards: U.S. Consumer Product Safety Commission's Public Playground Safety Handbook; California Health and Safety Code Sections 115725 — 115750 CALIFORNIA 1 - F • I • A 106 of 143 State Auditor Objective No. Action Steps Expected Completion Date Responsible Staff (Lead/Support) Status Report (Updated Monthly) 7. hnplement a formal 1. Review accuracy of 1. Meet quarterly with Lead — Finance process for development of quarterly budget projections, Directors to review activity Director reasonable budget comparing current year to and trends — March, June, projections previous year actual revenue September, and December Support — and expenditures and Assistant Finance factoring in known events 2. Use HdL data to support Director that will change year-to-year revenue projections for sales, data. property tax, transient occupancy tax, business 2. Track quarterly building license fees — May 1, 2021 and planning activity 3. Incorporate HdL sales tax information into quarterly, mid -year and annual budget estimates 4. Budget for risk management costs based upon actual loss experience 8. Meet and confer Begin meet and confer 1. Meet and confer process Lead — Human regarding negotiation of process with all labor groups starts — April 2021 Resources Director employee union to review a) CPI, b) City's agreements ability to pay, and c) labor 2. Regular Closed session Support — Finance market competitiveness on a updates to City Council Director and City total compensation basis Manager including base salary, 3. Meet & confer process differentials, medical, completed — July 2022 pensions, and OPEB City of West Covina Initial Risk Management Evaluation [291 Action Item: 2019-048 Observations: The agency does not have a comprehensive Playground Inspection and Maintenance Program. Playground inspection and maintenance is contracted through a third party. Action Required: A formal, written Playground Safety and Risk Management Program should be developed to include the following: o A formal policy specifying playground inspection, maintenance, and repair standards; o An initial audit of playground facilities by a Certified Playground Safety Inspector(CPSI); o Provision of required signage/labels; o Ongoing inspection, repair, and maintenance standards; o Phasing out and/or replacement of hazardous and/or noncompliant equipment; o Ongoing renovation as needed to comply with ADA accessibility standards; and o Record keeping/documentation standards. The policy requirements should be outlined in the third -party agreement. Standards: ASTM 1487, Standard Consumer Performance Specifications for Playground Equipment for Public Use; U.S. Consumer Product Safety Commission's Public Playground Safety Handbook; California Health and Safety Code Sections 115725 — 115750 Resources: A sample checklist has been developed to augment parks and playground inspection programs, which are located on the California JPIA's website. Action Item: 2019-049 Observations: The playground equipment coating was peeling or otherwise deteriorated at CA Parquette. Action Required: The equipment should be repaired or replaced in accordance with the manufacturer's recommendations. , Standards; A U.S. Consumer Product Safety * - Commission's Public Playground Safety Handbook; California Health and Safety Code Sections 115725 — 115750 CALIFORNIA 1' P' I'A 107of143 City of West Covina Initial Risk Management Evaluation [301 Action Item: 2019-050 Observations: The playgrounds at the following parks require preventative maintenance: o Orangewood Park - peeling signage and graffiti present o CA Parquette - signage missing or peeling and litter observed o Cortez Park - signage missing or peeling o Big League Dreams - signage missing Action Required: Focus maintenance on playground equipment, repairing or replacing damaged or worn parts, and fastening devices. Required signage and/or labels should be repaired or replaced when they become faded, deteriorated, or illegible All informational signs should be periodically reviewed for clarity and legibility. Signs and labels should comply with the description found in Section 14 of ASTM F1487. Improve housekeeping at CA Parquette. Graffiti that is allowed to remain visible invites additional graffiti. Prompt response to graffiti is a proven deterrent to future graffiti. Standards: U.S. Consumer Product Safety Commission's Public Playground Safety Handbook; California Health and Safety Code Sections 115725 — 115750 Resources: Sample checklists have been developed and are located on the California JPIA's website. CALIFORNIA I • P - I - A 108 of 143 City of West Covina Initial Risk Management Evaluation [311 Action Item: 2019-051 Observations: The surfacing beneath the playgrounds at CA Parquette and Cortez Park are not properly maintained. The transition from the concrete to the playground areas was uneven. These conditions pose trip/fall hazards. Action Required: Depending on the playground location, weather conditions, watering patterns, and frequency of use, weekly maintenance may be necessary to ensure adequate depth and to loosen surfacing material that may have become compressed. Improve maintenance of playground protective surfaces. Add more surfacing to fall zones and the most frequently used play areas. Make sure that the surfacing under and around playground equipment is uncompressed and of an appropriate depth. Standards: U.S. Consumer Product Safety Commission's Public Playground Safety Handbook; California Health and Safety Code Sections 115725 — 115750 CALIFORNIA J - P • I ' A 109 of 143 City of West Covina Initial Risk Management Evaluation [32) Action Item: 2019-052 Observations: Park inspection and maintenance is contracted through a third party. The Agency should develop a formal inspection policy and include in the third -party agreement. Action Required: Perform regular, formal inspections of parks and fields to identify hard ground; damaged, depressed, or protruding irrigation components; excessive wet areas; missing delineations; holes or divots in the play surface; foreign objects; and fields in need of reseeding. Inspections should also include a review of park lighting, walking surfaces, benches/bleachers, fences, parking areas, and other site -specific features. Identified deficiencies should be corrected in accordance with agency policy. Resources: A sample checklist has been developed to augment parks and playground inspection programs, which are located on the California JPIA's website. CALIFORNIA 1' P' I'A 110of143 City of West Covina Initial Risk Management Evaluation [33] Action Item: 2019-053 Observations: The Skate Park's rules sign is small and deteriorating. Some rules, like when the park allows mixed use, were not readily apparent. Graffiti was present in some areas. The presence of graffiti invites additional graffiti. Prompt response to graffiti is a proven deterrent to future graffiti. The agency does not formally inspect the Skate Park. Participants at the Skate Park were not using helmets and mixed use was observed when it is not allowed. Action Required: The skate park rules should be re- printed in a large, clear format that can be easily read from ten feet away. The signs should reference the information noted in Section III (10) of the California JPIA's Recommended Risk Management Guidelines for skate parks. Graffiti should be removed. Formal inspections should be conducted at the Skate Park. Documentation should take form of checklists or other similar documentation. Records of corrective actions should be retained. Ensure the agency's existing skate park ordinances are followed and enforced. Standards: Best Risk Management Practices Resources: AB1296 Section III (10) of the California JPIA's Recommended Risk Management Guidelines for Skate Parks. CALIFORNIA ) • 2' I'A 111of143 City of West Covina Initial Risk Management Evaluation [341 Action Item: 2019-054 Observations: A temporary makeshift ramp was observed at the entrance to the Skate Park. The damaged ramp is a trip and fall hazard. Action Required: Repair, replace, or remove the ramp. Standards: California Code of Regulations, Title 8, Section 3203 Action Item: 2019-055 Observations: It was not determined whether the bleachers/grandstands are inspected and serviced on a regular basis. Bleacher structures and grandstands present a loss exposure due to falls and/or structure failure. Action Required: Retrofit or replace bleachers that do not meet the current guidelines for bleachers. The grandstands and bleachers should be inspected annually and required maintenance performed to ensure safe conditions. At least biennially, the inspection should be performed by a professional engineer or registered architect. If required by the authority having jurisdiction, the agency should provide certification that both inspections have been performed. Standards: U.S. Consumer Product Safety Commission's Publication Number 330-000011, Guidelines for Retrofitting Bleachers; National Fire Protection Association (NFPA) 102, Standard for Grandstands, Folding and Telescopic Seating, Tents, and Membrane Structures; Publication 330, Guidelines for Retrofitting Bleachers, United States Consumer Product Safety Commission; California Code of Regulations, Title 24, Section 1028.1.1, Bleachers Resources: A link to the Guidelines for Retrofitting Bleachers is located on the California ]PIA's website. CAL FORNIA P - I • A 112of143 City of West Covina Initial Risk Management Evaluation [351 Recreation and Community Services Action Item: 2019-056 Observations: The agency's waiver requires the participant or participant's parent/guardian to hold the agency harmless from any liability. Participant waivers should not release any parry from any act or omission of gross negligence, as the term is used in applicable case law and/or statutory provision. Action Required: Revise the participant waiver to conform to accepted best practices, using the suggested language outlined in the Contractual Risk Transfer for California Public Agencies Manual. Resources: Contractual Risk Transfer for California Public Agencies manual. California JPIA, Seventh Edition, 2018 Action Item: 2019-057 Observations: Waivers for minors are retained for only one year. Action Required: Waivers involving minors should be retained for at least three years after the participant has reached 18 years old. The agency's Records Retention Policy should be revised as needed to reflect this policy. Waivers should be retained in accordance with the agency's Records Retention Policy. Standards: Best Risk Management Practices Action Item: 2019-058 Observations: Contracted instructor agreements are not required to provide insurance; however, they are still required to sign agreements with indemnity language. Action Required: Include appropriate indemnity language in agreements with contractor instructors and require sufficient insurance to support the indemnity provisions. Standards: Best Risk Management Practices Resources: Contractual Risk Transfer for California Public Agencies manual. California JPIA, Seventh Edition, 2018 CALIFORNIA 1'r'' I -A 113of143 City of West Covina Initial Risk Management Evaluation [361 Action Item: 2019-059 Observations: Certain contractors, including Independent Contractors for recreation classes, are not providing certificates of insurance. By properly managing its contracts, the agency can reduce its loss exposures and likewise reduce disputes with contractors and their insurers when a loss occurs. Action Required: Develop contract documentation tracking procedures to monitor contractor compliance with contract provisions and to ensure that insurance documents required in contracts are received in a timely fashion. Develop a system to ensure that contractors provide certificates of insurance and policy endorsements before they are allowed to begin work. Contractors should be notified immediately in writing when insurance documentation is deficient or is not received as required. Resources: Contractual Risk Transfer for California Public Agencies manual. California JPIA, Seventh Edition, 2018 Action Item: 2019-060 Observations: The agency does not have written agreements for all individuals or groups who use the agency's recreational facilities. Action Required: Utilize rental agreements with all agency facility renters. The rental agreement should include indemnification and hold harmless language, and it should contain insurance requirements as recommended by the California JPIA. Require facility renters to provide evidence of sufficient insurance to support the indemnity agreements in the facility rental agreements. Compliance with insurance requirements should be monitored and consistently enforced. When third -party users do not have, or are unable to obtain general liability insurance, consider using the California JPIA Special Event Coverage when possible. Standards: Best Risk Management Practices Resources: A sample facility rental agreement has been developed and is located on the California JPIA's website. CALIFORNIA 1 ' P ' I - A 114of143 City of West Covina Initial Risk Management Evaluation [37] Action Item: 2019-061 Observations: The agency does not have a policy addressing at what age staff or volunteers are permitted to work around minors. It is important to note that juvenile criminal records may not be accessible and/or disclosed to the agency. Action Required: Develop and implement a policy specifying what age an employee or volunteer is permitted to work around youth unsupervised. Provide training to staff and volunteers on all provisions of the policy. Standards: Best Risk Management Practices CALIFORNIA 1' r' I -A 115of143 City of West Covina Initial Risk Management Evaluation [381 Law Enforcement Services Action Item: 2019-062 Observations: The following was observed at the Police Department: o Evidence of leaks and/or other water intrusion were present in the server room and the female jail cell. Some of the damage appears to be potentially substantial. Water intrusion and the presence of moisture in building materials can foster the growth of mold and mildew. o Regulated hazardous waste was idly stored. It was not determined whether plans were in place to remove this waste. o Computer room server data cables are unorganized and could present a trip and fall hazard. o Electric panelboards and switchboards were obstructed with stored materials and/or furnishings. Obscuring and obstructing electric panelboard cabinets and/or switchboards delays or prevents access in an emergency. Action Required: The source of the water intrusion should be determined and corrective action taken to prevent recurrence. Wall coverings, ceiling tiles, floor coverings, and wall and ceiling insulation should be inspected to identify the presence of damage or mold growth. Both exposed and concealed surfaces should be inspected. Damaged and contaminated materials should be removed and disposed of in a way that prevents their continued use. The entire damaged or contaminated area should be cleaned and disinfected with an effective fungicide prior to installing new materials. CALIFORNIA J • F • I - A 116of143 City of West Covina Initial Risk Management Evaluation [391 Regulated waste should be stored and removed in accordance with Agency policy and other applicable regulations. Practice cable management in server room to avoid potential trip & fall injuries. Ensure that all electric panels in agency facilities have clear and unobstructed access (minimum 30-inch clearance) and are properly labeled, closed, and latched, consistent with the requirements of California Fire Code. Standards: California Code of Regulations, Title 8, Section 3362, Sanitation, General Requirements; California Code of Regulations, Title 8, Section 3203 (a) (4); California Code of Regulations, Title 8, Section 2340.16, Work Space About Electric Equipment; California Code of Regulations, Title 19, Section 3.01, Basic Electrical Regulations; California Code of Regulations, Title 24, Part 9, California Fire Code, Section 605.3, Working Space and Clearance; 29 CFR 1910, Subpart S - Electrical CALIFORNIA 1 - P - I - A 117of143 City of West Covina Initial Risk Management Evaluation [40) Fire Department Operations Action Item: 2019-063 Observations: Evidence of leaks and/or other water intrusion was present at Fire Station 1. Water intrusion and the presence of moisture in building materials can foster the growth of mold and mildew. Action Required: The source of the water intrusion should be determined and corrective action taken to prevent recurrence. Wall coverings, ceiling tiles, floor coverings, and wall and ceiling insulation should be inspected to identify the presence of damage or mold growth. Both exposed and concealed surfaces should be inspected. Damaged and contaminated materials should be removed and disposed of in a way that prevents their continued use. The entire damaged or contaminated area should be cleaned and disinfected with an effective fungicide prior to installing new materials. Standards: California Code of Regulations, Title 8, Section 3362, Sanitation, General Requirements; California Code of Regulations, Title 24, Section 3401.2, Maintenance CALIFORNIA 1' r' I -A 118of143 of West Covina Initial Risk Management Evaluation Report Summary The information noted in this report is based upon an assessment of your agency's overall operations. Because the evaluation is only a snapshot in time, your agency should continue evaluating its risk management practices, and take action as necessary when conditions change. Your agency need not wait on a formal process to identify its risk exposures. Each observation was carefully documented, and attention was given to ensure its accuracy. The observations identify risk exposures that, if not addressed, have the potential to adversely impact your agency's operations. Thank you again for your partnership in completing this undertaking. CALIFORNIA )' P • I'A 119of143 City of West Covina Initial Risk Management Evaluation [42] Agency Exemplar An Agency Exemplar has a structure in place to effectively lead agency -wide risk management policies and practices. These policies and practices are part of the organizational culture. Such policies and practices include the adoption and implementation of the following: 1. Injury and Illness Prevention Program 2. Citizen complaint logging system 3. Americans with Disabilities Act Compliance Program 4. Safety/risk management committee 5. Records retention policy 6. Employee training programs 7. Environmental protection programs 8. Contracts administration 9. Evaluation of general liability claims for frequency and severity trends 10. Evaluation of workers' compensation claims frequency and severity trends As the agency's leadership embraces risk management through agency -wide policies and practices, each department and division will have their own areas of responsibilities including: Human Resources Personnel manual Employee handbook Standard hiring practices Safety manual Cal/OSHA compliance training Discrimination and harassment training Discrimination and harassment complaint processing Management, direction, and control of volunteers Violence in the work place policy OSHA 300 log and summary DMV pull notice Proper driver licenses Supervisor training for reasonable suspicion testing for drug/alcohol abuse Transitional return to work policy Interactive/reasonable accommodation process (ADA/FEHA) Job descriptions include job function analysis elements Social media policy Mandated reporter program and training CALIFORNIA )'r•I•A 120of143 City of West Covina Initial Risk Management Evaluation [43] 2. Public Works/Public Service Supervisor Training Safety training for field personnel based on job duties Water treatment Water distribution Wastewater treatment Sanitary sewer operations Confined space Trench spaces Facilities maintenance Fleet maintenance Vehicle inspection and maintenance programs Traffic control Lockout/Blockout program Sidewalk inspection and maintenance program Tree inspection and maintenance program Defensible space/vegetation management program Proper driver licenses 3. Facilities and Infrastructure Asbestos and lead based paint operations and maintenance programs and awareness training Facility inspection and maintenance program Pavement management inspection and maintenance program Parks and playground inspection and maintenance program Streetlight inspection program Power generation facilities protocols Evaluation of property claims for frequency and severity trends 4. Recreation and Community Services Participant waivers and application program Facility use procedure and agreements Proper indemnification and hold -harmless clauses in contracts Compliant day care programs Mandated reporter program and training 5. Animal Control (not applicable to agency) Employee training Policies and procedures for handling of animals Waivers and indemnity agreements for animal release or adoption 6. Police Services (not applicable to agency) Lexipol policy manual and daily training bulletin service POST training requirements CALIFORNIA J - P • I • A 121 of 143 City of West Covina Initial Risk Management Evaluation [44] 7. Fire Services (not applicable to agency) Policy manual in place and current Hearing protection Special operational programs and training Hazardous material Trench rescue Swift water rescue Confined space entry Advanced Life Support Managed risks are of great importance. The consequences of ignoring their importance include lost employee time, increased operational costs and payment of claims. Furthermore, an agency's fiduciary responsibility means that it owes a high standard of care to protect public funds. More importantly, the obligation to safeguard workers, the public, and assets should compel every organization to manage risk effectively. An Agency Exemplar must manage risk exposures by: 1. Examining feasible alternative for addressing exposures 2. Selecting and implementing best risk management techniques 3. Monitoring results of the chosen techniques to ensure effectiveness, and modify if necessary An Agency Exemplar must also view risk management holistically by recognizing its scope: 1. Casualty and/or hazard risk (accidents — including property, liability, personnel) 2. Cash flow risks (insufficient cash or assets to function normally in the event of a major loss) 3. Operational risk (not being able to fulfill the organization's mission, exposing the stakeholders, lack of succession planning) 4. Political risk (adverse action of governments that might expropriate or excessively restrict or tax an organization's assets and activities) 5. Technological risk (failure to keep pace with changes in operating techniques, and security protection) 6. Reputational risk (risk of loss resulting from not being able to maintain a good name or standing) In conclusion, an Agency Exemplar begins and ends with the belief that an individual who is charged with managing the organization overall, then creates a culture in which all others similarly are committed to risk management. It is the Authority's desire to support each member in becoming an Agency Exemplar. The Authority is committed to assisting each member in working toward this goal. CALIFORNIA J • P • I - A 122 of 143 EXHIBIT C CALIFORNIA UNIFORM PUBLIC CONSTRUCTION COST ACCOUNTING ACT FREQUENTLY ASKED QUESTIONS (FAQs) These FAQs have been compiled to assist agencies that are participating in the California Uniform Public Construction Cost Accounting Act (the Act), as contained in Public Contract Code (PCC) Section 22000, et seq. All references are to PCC, unless otherwise stated. 1. What is the Uniform Public Construction Cost Accounting Act? The Act is legislation that was enacted in 1983 to help promote "uniformity of the cost accounting standards and bidding procedures on construction work performed or contracted by public entities in the state" (Section 22001). The Act is a voluntary program available to all public entities in the State, but it applies only to those public agencies that have "opted in" to the provisions set forth by the Act using the processes outlined in the Act. The entirety of the Act is found at Sections 22000-22045. 2. What are some of the key provisions of the Act? The Act allows for public project work in the amount of $60,000 or less to be performed by a public agency's force account using the public agency's own resources, or by negotiated contract, or by purchase order (Section 22032(a)). Public projects in the amount of $200,000 or less may use the informal or formal bidding procedures set forth in Section 22032(b) or (c) of the Act. Public projects at a cost of more than $200,000 must use formal bidding procedures to let the contract pursuant PCC Section 22032(c). 3. What are the benefits of the program? • Increased force account limit for public agencies; • Simplified bidding for projects that are $200,000 or less; • Reduced number of formal bids based on project size; and • Expedited contracting for projects under $200,000. Many participating agencies appreciate the program because it has given them more leeway in the execution of public works projects under a certain dollar amount; sped up the award process; expedited project delivery; reduced the time, effort, and expense associated with bidding projects under $200,000; and simplified administration for those projects. Few agencies have experienced challenges with the accounting requirements and overhead provisions. Moreover, adjustments, when required, have been relatively simple; most required procedures were already in place, so there were few, if any, major changes to existing operations. The current Standard Accounting Codes Structure satisfies reporting requirements when used properly. 1IPage Revised September 20, 2019 4. Is the Uniform Public Construction Cost Accounting Act mandatory for public agencies? No. The Act is a voluntary program requiring a public agency to "opt in" using the process outlined in the Act. 5. How does a public agency become subject to the Act? The governing body must elect by resolution to become subject to the Act and must file a copy of the approved resolution with the State Controller's Office (Section 22030). Sample documents are available at: http://www.sco.ca.gov/ard_cuccac.html. Once an agency has opted into the Act, it will remain a part of the program. 6. May a public agency withdraw from the Act? Yes. An agency may withdraw from the Act by filing with the State Controller's Office an approved resolution of the agency's election to withdraw that was made during a public meeting of the agency's governing body. 7. Must a participating agency "opt in" to the Act annually? No. Once a participating agency "opts in" to the Act, the agency remains subject to the Act until it "opts out" of the Act. 8. What is the California Uniform Construction Cost Accounting Commission? The Commission was created to administer the Act, per Section 22010. It consists of 14 members: 13 members appointed by the State Controller and the License "A" member of the Contractors' State License Board. Seven members represent the public sector (counties, cities, school districts, and special districts). Six members represent the private sector (public works contractors and unions). The Commission members receive no salary, but are eligible for reimbursement of their direct expenses related to the Commission. 9. What are the Uniform Public Construction Cost Accounting Procedures? These procedures are to be used for tracking costs for work performed by an Agency's own forces on a "project" as defined by the Act (Section 22002(c)). The procedures do not apply to operations or maintenance work, or any work that meets the criteria listed in Section 22002(d). These procedures are intended to capture and record all direct and indirect labor, materials, equipment, subcontractors, and supervision costs, as well as the appropriate overhead costs for the public agency associated with each "project" it performs with its own forces. The procedures follow industry - standard accounting methods, and in many cases are not much different from those already in place at most agencies. Sample forms are available in the CUCCAC Cost Accounting Policies and Procedures Manual at http://www.sco.ca.gov/Files-ARD-Local/CUCCAC_Manual.pdf School districts may use the Standard Accounting Code Structure to comply with tracking requirements. 2 1 P a g e Revised September 20, 2019 10. Are the cost accounting procedures applicable for agencies whose work forces perform only maintenance tasks as defined in the Act and that contract all of their public projects to third parties? No. The cost accounting procedures are applicable only for agencies that perform public project work such as construction and alteration by force account or otherwise. As maintenance does not constitute a "project" under the Act, the cost accounting procedures do not apply. 11. When are participating agencies required to advertise if they choose to maintain a list of qualified contractors? At least once per calendar year, each Public Agency that has elected to become subject to the Act and intends to use the notice provisions outlined in Section 22034(a) must establish a new list or update its existing list of qualified contractors by mailing, faxing, or emailing written notice to all construction trade journals designated for that Agency under Section 22036. The notice must invite all licensed contractors to submit the name of their firms to the Agency for inclusion on the Agency's list of qualified bidders for the following twelve (12) months. Effective January 1, 2016, a participating agency can choose a specific date of their choice in which to renew its list of qualified contractors. 12. May an agency that chooses to maintain a list add a contractor to the list at any time during the year? Yes. 13. What is meant by the term "qualified contractors" as used in section 22034(a)(1) of the Act? Qualified contractors are contractors licensed by the State to perform the subject work. The Commission has determined that nothing in the Act prohibits a participating agency from using additional objective pre -qualification standards in the formation and maintenance of their Qualified Contractors Lists if they so desire. 14. Can a public agency disqualify or exclude certain contractors from the Qualified Contractors List required in Section 22034(a)(1)? Agencies may disqualify contractors from Qualified Contractors Lists when the contractors fail to furnish information to meet the minimum criteria as established by the Commission. 15. For agencies that do not maintain an informal bidders list, are they allowed to choose who would get notifications of projects? No. Section 22034(a)(2) provides for notifications to construction trade journals and exchanges in lieu of sending notifications to contractors on an informal bidders list. An agency may send notices to selected contractors provided it has also met the advertisement requirements of Section 22034(a). 3 1 P a g e Revised September 20, 2019 16. What is the difference between "qualifying contractors" under the Act and 11prequalification of contractors" by school districts under Section 20101? Qualifying contractors is a process that allows contractors to register with a public agency for notification of public works opportunities. The prequalification process under Section 20101 is a more complex process that requires a standardized questionnaire and evaluation of contractors using standard scoring criteria. The prequalification process is applicable under the Local Agency Public Construction Act, and does not apply to the Uniform Public Construction Cost Accounting Act. 17. Must a public agency a) notify contractors about public projects if the contractors are believed to not have the skills, credentials, or experience to perform the work required for the public project; and b) consider bids submitted by contractors that the public agency believes do not have the skills, credentials, or experience to perform the work? a)Yes. If a contractor is on the Qualified Contractors List, the contractor must be notified by the agency of public projects for which he or she is licensed to perform (Section 22034(a)(1)). b)AII bids received must be considered, unless an agency makes appropriate legal findings that a contractor is not legally responsible or his or her bid is not responsive. 18. Does the Act allow flexibility in cases of emergency and when repair or replacements are necessary to permit the continued conduct of a public agency's operations or services? Yes. For the purposes of the Public Contract Code, an 'emergency" is defined at Section 1102 as "a sudden, unexpected occurrence that poses a clear and imminent danger, requiring immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential public services." The Act sets forth in Section 22035(a) how a governing body should proceed in case of emergency repairs or replacements. This section states: In cases of emergency when repair or replacements are necessary, the governing body may proceed at once to replace or repair any public facility without adopting plans, specifications, strain sheets, or working details, or giving notice for bids to let contracts. The work may be done by day labor under the direction of the governing body, by contractor, or by a combination of the two. Section 22050 et seq., provides the emergency contract procedures to be followed in these cases. 19. Do the alternative bidding procedures apply only to public projects as defined in Section 22002(c)? The alternative bidding procedures apply only to work that constitutes a "public project" as defined in Section 22002(c) and has a construction cost within the 4 1 P a g e Revised September 20, 2019 limits described in Section 22032. The alternative bidding procedures are not required for the purchase of goods or materials that are not part of a "public project." However, as outlined in Section 22003, a participating agency may also use the alternative bidding procedures when contracting for maintenance or other work that does not fall within the definition of a "public project" if it so chooses. 20. What will membership in the Act cost my agency? Nothing. There are no membership fees or dues. However, the Commission does accept grants to assist it in carrying out its duties (Section 22015(c)). 21. What are the most common concerns addressed by the Act? These are: • Cost accounting policies and procedures; • Informal bidding procedures; and • Accounting procedures review. Cost accounting requirements for the Act follow those common to the construction industry. The informal bidding on public projects up to $200,000 is seen by agencies as an effective tool to expedite completion of small projects. While an accounting procedures review could potentially hold up a project for a minimum of 45 days pursuant to Section 22043(c)(1), these types of reviews have been rare in the Commission's history. 22. Must an agency calculate an overhead rate to apply the accounting procedures? No. Cities with populations of less than 75,000 must assume an overhead rate equal to 20% of the total costs of the public project, including the costs of material, equipment, and labor (Section 22017(b)(1)). Cities with a population of more than 75,000 may either calculate an actual overhead rate or assume an overhead rate of 30% of the total costs of a public project including the costs of materials, equipment, and labor (Section 22017(b)(2)). 23. When a public entity opts into the Act, does the Act supersede other contracting legal requirements such as statutory requirements for performance bonds, prevailing wages, and certificates of insurance, etc.? No. The Act supersedes only the bidding procedures used once a public agency has opted into the Act and has notified the Controller. All other contracting requirements of the PCC remain applicable. 5 1 P a g e Revised September 20, 2019 24. Can a public agency claim to be to be exempt from following all of the requirements in Public Contract Code by claiming it only has to follow the language and procedures within the Act? No. The Act is part of the Public Contract Code; therefore, if the Act is silent on a particular matter, then the Public Contract Code applies on that matter. 25.If public agencies are not following the advertising requirements in the Act, will the Commission address those agencies? Can a complaint be brought to the Commission? Yes. Recent legislative changes have expanded the Commission's authority to enforce provisions of the Act. The Commission may review complaints filed by interested parties when evidence is provided that: • The participating agency performed work after rejecting all bids, claiming it could do the work less expensively (Section 22042(a)). • The work performed exceeded the force account limits (Section 22042(b)). • The work was improperly classified as maintenance (Section 22042(c)). • A public agency did not comply with the informal bidding procedures set forth at Section 22034 (Section 22042.5). 26. Section 20112 specifically requires school districts to advertise twice for a two - week period, while Section 22037 requires advertising once, 14 days in advance of the date of opening of bids. How do participating school districts reconcile this conflict? When the Act is in conflict with any other section in the Public Contract Code, the Act shall supersede. The Act requires advertising once, 14 days in advance of the date of opening of bids. Districts participating in the Act may choose to maximize their outreach by advertising twice. 27. May a public agency contract separately for like work at the same site at the same time using the under $60,000 Force Account method? No. Section 22033 states: It shall be unlawful to split or separate into smaller work orders or projects any project for the purpose of evading the provisions of this article requiring work to be done by contract after competitive bidding. Separating "like work" would be permitted only if the total of all the 'like work" is less than $60,000. If the work is more than $60,000, it must be advertised and bid according to the provisions of the Act (i.e. bid informally if the total amount is less than $200,000; bid formally if the total amount exceeds $200,000). 28. May a public agency bid out two separate projects that occur at the same time and site, but are different types of work? Yes. There is no violation if the work is competitively bid. If an agency wishes to use the negotiated or informal bidding processes, it must apply the 6 1 P a g e Revised September 20, 2019 appropriate limits to each of the projects. Each project must be separate in scope. Projects may not be separated by trade to avoid bidding. If the total of all jobs is greater than $60,000 then the informal or formal bid limits apply. 29. Can an agency separately bid out for the materials and supplies on a project to avoid contractor markup and then bid out for the installation labor or perform installation with its own forces? An agency may separately procure the materials and supplies for a project; however, all costs (materials, supplies, labor) of a project must be included in the project cost estimate to determine whether the project falls within the force account, informal bid, or formal bid thresholds. In addition, if installation is performed by force account, an overhead rate must be applied to all direct costs of the project and included in the cost estimate. For example, if materials/supplies cost $50,000 to procure separately and the estimated labor cost to install is $25,000, the project could not be performed with force account, but would fall within the informal bid threshold because the total cost estimate is $75,000. 30. Must a value be assigned to the volunteer labor when the California Conservation Corps or another volunteer organization provides labor on a public project? No. Volunteer labor from volunteer organizations does not need to be included as a cost of a public project for bid limit purposes as long as no costs are associated with the volunteer labor. 31. By opting into the Act, does a public agency automatically bring all of its component divisions or departments into the Act? Yes. When a public agency elects to become subject to the uniform construction cost accounting procedures, the entire legal entity is considered subject to the Act and no divisions or departments are exempt. 32. When a public agency opts into the Act, does it automatically bring all districts under control of its governing Board into the Act? No. Special Districts, which are governed by a board of supervisors or city council, are subject only if a separate election is made for each special district. 33. PCC 22034 requires that participating agencies adopt an Informal Bidding Ordinance. What do schools and special districts that cannot adopt Ordinances do to comply? Agencies that do not have the ability to adopt Ordinances should discuss Section 22034 compliance with their legal counsel. 7 1 P a g e Revised September 20, 2019 Additional inquiries and questions may be directed by email to LocalGovPolicy@sco.ca.gov, or by regular mail to: State Controller's Office Local Government Programs and Services Division Local Government Policy Section P.O. Box 942850 Sacramento, CA 94250 8 1 P a g e Revised September 20, 2019 EXHIBIT A West Covina Contract/Agreement use City Manager's Office th— March M.— VENDOR/CONTRACrO SERVICE/PROJECr+C RESPONSIBLE att E FFErnvE EIEP .—.. INSURANCE R 340 DEPARTMENT arv/AaExM DATE DATE TERM Of CONTRAR ACTIVE/INALTVE CONTRACT AMOUNT CIT(MANAGFR E%PIMTION DATE DEBTRURION DATE The Term of tM1e Lease sM1all be exentletl by an atltlitlpnal lhim-sx 13s1 moxtb:, zn-1xh 31, nry " ��marxiu umrrenl ex EAGREEMExr Cl— u/11/lsss 0T/31/zazz omme^cm9)A,9ustl, 2019 1h ghluly31,2022 ("Fifth exsim — pa) AaNL 'o.- e hmpntM1$ 375 ly. m,l^Initial em-lmallbe xvElslre igM1h 1B]Iaay Pareement by �tM1e Gry LW a ntll w alpf xy crty^fienanes eoptionto Iecom to"L TM1 BONS;zapper nry WOxG LEu Nc REE x`IsxnB wroAx osrvn em MnwwER os/n/zoos^ EEws EF sprO uul wM1 ArnvE mmmx mwaxearerr rearl A.—Paamam Thi�s"gree curs. we Isl I.erlslvaa�rermisl. IexM1five lsl rearterm sM1.11 be fim�l. xp to ciryinlwnxrB ofnan M1ls Ininety Npl as rn sse I'+a m°I ne Islsre atiile/wlrel anety (90) aanfromsme it s ory xlrolx INE luny EApREEMEx. CITY M—ER 10/1xa0os AM ws EVERY LEss TEwAL "c mmencemem0at" see M1al se flue lsl asR'm el Lermis� "Renewal Term'l of the lsl re —RE Trtz.z MNEAMOUNT Axarew PaP.—III,Oxas3 NEE 1 eulry be Islerearr rzenewal Term unessce nim Dal ea m �a� upx mm C0 NT DATE. State Auditor Objective No. Action Steps Expected Completion Date Responsible Staff (Lead/Support) Status Report (Updated Monthly) 9. Improve internal 1. Review purchasing policy 1. Adopt revised purchasing Lead — Finance purchasing and credit card usage to and credit card usage policies Director processes/enforcement to determine compliance with as appropriate — October 2021 reduce susceptibility to Best Management Practices Support —City waste and fraud 2. Adopt ordinance enacting Attorney's Office 2. Evaluate California California Uniform Public and City Engineer Uniform Public Construction Construction Cost Accounting Cost Accounting Act (Public Act — August 2021 Contract Code 22000-22045) (Exhibit C)