Members of the public may address the City Council on any item shown on the agenda or matter of the Council’s authority after completion of “Request to Address the Council Form” available in the lobby of the Council Chambers. This form must be completed 15 minutes prior to the scheduled meeting time.
Pursuant to Section 54957.5 of the California Government Code, Any writings (Except for those writings which are exempt from disclosure) which are distributed to all or a majority of the members of the City Council are available for public inspection in the lobby of the City Council Chambers and in the office of the City Clerk during regular business hours.
COMPTON CITY COUNCIL
AGENDA
06/28/2022
CITY COUNCIL CHAMBERS
205 SOUTH WILLOWBROOK AVENUE
COMPTON, CALIFORNIA 90220
Closed Session 4:30 P.M.
Public Meeting 5:30 P.M.
OPENING
MOMENT OF SILENCE
PLEDGE OF ALLEGIANCE
ROLL CALL
PUBLIC COMMENTS ON CLOSED SESSION AGENDA ITEMS
(Persons wishing to address the City Council on the Closed Session items may do so at this time.
Comments are limited to one (1) minute per speaker and shall be limited to Closed Session agenda items)
-2- City Council Agenda
6/28/2022 5:30 PM
CLOSED SESSION – 4:30 p.m.
CONFERENCE WITH LABOR NEGOTIATOR
Agency negotiators: Jabari Willis, Thomas Thomas, and Triphenia Simmons Employee organizations: SEIU Local 721
Pursuant to Government Code Section 54957.6
CONFERENCE WITH LEGAL COUNSEL - PENDING LITIGATION
Demesne Corporation, et al. v. City of Compton, LASC Case No. BC706202 Michael Fletcher, et al. v. City of Compton, LASC Case No. BC670866 Pursuant to Government Code Section 54956.9(a)
RECESS TO CLOSED SESSION
HEARING
5:35 P.M. - PUBLIC HEARING - AN APPEAL REQUEST TO DEVELOP A 60
UNIT GATED CONDO COMMUNITY AT COMPTON BOULEVARD AND KEMP AVENUE (Items 12-16)
OPENING
PUBLIC MEETING – 5:30 P.M.
REPORT ON CLOSED SESSION ACTION(S)
PUBLIC COMMENTS ON AGENDA ITEMS AND NON-AGENDA MATTERS
CONSENT AGENDA
Consent items are routine and expected to be non-controversial. They will be acted upon by the Council at one time without discussion unless a Council Member requests an item be removed or discussed.
APPROVAL OF MINUTES
1. JUNE 7, 2022
CITY ATTORNEY
2. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON
AUTHORIZING THE PAYMENT FOR LEGAL SERVICES FOR FISCAL YEARS 2022-2023
-3- City Council Agenda
6/28/2022 5:30 PM
CITY FIRE DEPARTMENT
3. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AMENDING THE FIRE DEPARTMENT'S 2021-2022 FISCAL YEAR BUDGET TO
TRANSFER FUNDS AND AUTHORIZING THE CITY MANAGER TO ISSUE
PURCHASE ORDERS TO SOUTH COAST EMERGENCY VEHICLE SERVICE (PIERCE) AND WILLIAM KALVIKOV DBA FIRE APPARATUS SOLUTIONS FOR
MAINTENANCE AND REPAIRS OF EMERGENCY FIRE APPARATUS
($49,146.00)
PUBLIC WORKS DEPARTMENT
4. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON RESCINDING RESOLUTION NO. 25,679, RATIFYING THE CONSTRUCTION
CONTRACT WITH ALL AMERICAN ASPHALT FOR THE ANNUAL RESIDENTIAL STREET REHABILITATION PROJECT CIP# 18-01, PHASE 2B AND RE-ISSUING A PURCHASE ORDER ($6,840,971.50)
RISK MANAGEMENT
5. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON RESCINDING RESOLUTION NO. 25,672, RATIFYING THE AMENDMENT TO
THE PROFESSIONAL SERVICES AGREEMENT WITH DUDEK TO PERFORM CONTINUED CORRECTIVE ACTION SERVICES AT FIRE STATION 1 (THE "SITE") IN ACCORDANCE WITH DIRECTIVES OF THE LOS ANGELES
REGIONAL WATER QUALITY CONTROL BOARD REGARDING REMEDIATION AT COMPTON FIRE STATION NO. 1 ($100,000.00)
REGULAR AGENDA
CITY MANAGER'S REPORT
6. A REQUEST TO SCHEDULE A PUBLIC HEARING: A REQEST TO APPROVE PROPOSED TENTATIVE TRACT MAP 83696 TO CREATE FIVE REDUCED
SIZED LOW DENSITY RESIDENTIAL LOTS FOR FIVE AFFORDABLE HOMES (July 19, 2022 at 5:35 p.m.)
NEW BUSINESS
7. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON ADOPTING THE BUDGET FOR FISCAL YEAR 2022-2023
8. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON
AUTHORIZING THE CITY MANAGER TO EXECUTE AN INSURANCE BINDER
WITH ALLIANT INSURANCE SERVICES FOR RENEWAL OF THE CITY'S INSURANCE POLICY PORTFOLIO FOR FISCAL YEAR 2022-2023 AND FINANCE AGREEMENTS FOR FISCAL YEAR 2022-2023
-4- City Council Agenda
6/28/2022 5:30 PM
9. A RESOLUTION OF THE CITY COUNCIL OF THE CITY COMPTON
AUTHORIZING THE CITY MANAGER TO HOST A LEADERSHIP
DEVELOPMENT AND STRATEGIC PLANNING SUMMIT FOR MAYOR, CITY
COUNCIL AND CITY MANAGEMENT AND ISSUE PURCHASE ORDERS
NEEDED IN SUPPORT OF THE SUMMIT ($60,000)
10. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON
AUTHORIZING THE CITY MANAGER TO ENTER INTO A PROFESSIONAL
SERVICES AGREEMENT WITH AND ESTABLISH A PURCHASE ORDER FOR
TOWNSEND PUBLIC AFFAIRS FOR GOVERNMENT RELATIONS AND
LOBBYING SERVICES IN THE AMOUNT OF $96,000 ANNUALLY
11. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AMENDING THE PUBLIC WORKS 2021-2022 FISCAL YEAR BUDGET TO APPROPRIATE $12,497.33 IN FUNDS FROM THE CITY OF COMPTON LEGAL
RECOVERY ACCOUNT AND AUTHORIZE AN OPEN PURCHASE ORDER TO
SYNCHRONY BANK DBA LOWES CREDIT SERVICES IN THE AMOUNT OF $12,497.33
12. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON ADOPTING MITIGATED NEGATIVE DECLARATION 951 AND MITIGATION
MONITORING AND REPORTING PROGRAM AND APPROVING GENERAL
PLAN AMENDMENT CASE NO. 2021-001, RELATING TO A REQUEST TO
CHANGE THE LAND USE DESIGNATION FROM MIXED USE (MU) TO
GENERAL COMMERCIAL (GC) FOR THE PROPERTY LOCATED AT 930 WEST
COMPTON BOULEVARD
13. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COMPTON ADOPTING MITIGATED NEGATIVE DECLARATION 951 AND MITIGATION MONITORING PROGRAM AND APPROVING CHANGE OF ZONE CASE NO. 2021-003 REMOVING THE PARKING (P) ZONING CLASSIFICATION AND ZONING THE SITE 100% LIMITED COMMERCIAL (CL) FOR THE PROPERTY LOCATED AT 930 WEST COMPTON BOULEVARD (First Reading)
14. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON
OVERTURNING THE DECISION OF THE PLANNING COMMISSION AND ADOPTING MITIGATED NEGATIVE DECLARATION NO. 951 AND MITIGATION
MONITORING PROGRAM AND APPROVING CONDITIONAL USE PERMIT CASE NO. 2021-008 RELATED TO A REQUEST BY THE CITY VENTURES COMPANY TO DEVELOP A GATED 60-UNIT ATTACHED RESIDENTIAL CONDOMINIUM DEVELOPMENT ON A 2.45 ACRE LOT LOCATED AT 930 WEST COMPTON
BOULEVARD
15. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON
UPHOLDING THE DECISION OF THE PLANNING COMMISSION AND NOT ADOPTING MITIGATED NEGATIVE DECLARATION NO. 951 AND DENYING CONDITIONAL USE PERMIT CASE NO. 2021-008, RELATING TO A REQUEST BY THE CITY VENTURES COMPANY TO DEVELOP A GATED 60-UNIT ATTACHED RESIDENTIAL CONDOMINIUM DEVELOPMENT ON A 2.45 ACRE LOT LOCATED AT 930 WEST COMPTON BOULEVARD
-5- City Council Agenda
6/28/2022 5:30 PM
16. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON ADOPTING MITIGATED NEGATIVE DECLARATION NO. 951AND MITIGATION MONITORING PROGRAM AND APPROVING TENTATIVE TRACT MAP NO. 82807 (SUBDIVISION CASE NO. 21-001) RELATED TO A REQUEST TO CREATE A 60 UNIT CONDOMINIUM MAP FOR THE PROPERTY LOCATED AT 930 WEST COMPTON BOULEVARD
COUNCIL COMMENTS
ADJOURNMENT
NEXT REGULAR MEETING: 7/5/2022 @ 5:30 PM
Visit our website at http://www.comptoncity.org
JUNE 7, 2022
The Compton City Council Closed Session meeting was called to order at 4:37 p.m. by Mayor Emma Sharif in the Council Chambers of City Hall. The Moment of Silence Ceremony and the Pledge of Allegiance was led by Mayor Sharif.
ROLL CALL
Council Members Present – A. Spicer, J. Bowers, Mayor E. Sharif Council Members Absent – D. Duhart L. Darden (Both entered during closed session)
Other Officials Present: E. Perrodin, A. Godwin, B. Mims, T. Thomas
CLOSED SESSION AGENDA ITEMS
CONFERENCE WITH LEGAL COUNSEL - PENDING LITIGATIONS Michael Fletcher, et al. v. City of Compton, LASC Case No. BC706202 Rodney Myers, et al. v.
County of Los Angeles, et all., LASC Case No. BC680294 Jenny Adame, et al. v. City of Compton, LASC Case No. 19STCV22593 Craig J. Cornwell v. City of Compton, LASC Case No. 22STCV07996 Loujanna Francis, et al. v. City of Compton, LASC Case No. 21STCV09395 Demesne Corporation, et al. v. City of Compton, LASC Case No.
BC706202 Pursuant to Government Code Section 54856.9(a)
PUBLIC COMMENTS ON CLOSED SESSION AGENDA ITEM ONLY
There were no audience comments.
City Attorney Eric Perrodin requested a closed session for a conference with legal counsel regarding pending litigation in the cases of Michael Fletcher, et al. v. City of Compton, LASC Case No. BC706202 Rodney Myers, et al. v. County of Los Angeles, et all., LASC Case No.
BC680294 Jenny Adame, et al. v. City of Compton, LASC Case No. 19STCV22593 Craig J.
Cornwell v. City of Compton, LASC Case No. 22STCV07996 Loujanna Francis, et al. v. City of Compton, LASC Case No. 21STCV09395 Demesne Corporation, et al. v. City of Compton, LASC Case No. BC706202 Pursuant to Government Code Section 54856.9(a).
On motion by Bowers, seconded by Spicer, the closed session was approved by the following vote on roll call:
AYES: Council Members – Spicer, Bowers, Sharif
NOES: Council Members – None
ABSENT: Council Members – Duhart, Darden
RECESS TO CLOSED SESSION
On motion by Bowers, seconded by Spicer, the City Council recessed to closed session at 4:39 p.m. by the following vote on roll call:
AYES: Council Members – Spicer, Bowers, Sharif
NOES: Council Members – None
ABSENT: Council Members – Duhart, Darden
RECONVENE TO OPEN SESSION
On motion by Darden, seconded by Duhart, the meeting was reconvened at 5:50 p.m. by the following roll call vote:
ROLL CALL
Council Members Present: Duhart, Spicer, Bowers, Darden, Sharif Council Members Absent: None
1. REPORT OUT OF CLOSED SESSION
City Attorney Perrodin reported that there was no reportable action taken during closed session.
INTRODUCTION OF SPECIAL GUESTS
1. Senator Steven Bradford - Budget Priority for City of Compton Senator Steven Bradford, Legislative Black Caucus Chair, provided a brief legislative update and the budget priorities for the City of Compton. Senator Bradford reported details on various Bills and legislation he has authored and sponsored during the legislative session. Senator Bradford highlighted that he has requested $40 Million to assist the City with the Artesia Bridge and further detailed that he will continue to work aggressively to pass legislation to improve the lives of all residents of the City of Compton.
Mayor Sharif thanked Senator Bradford and the Black Caucus for their steadfast support and dedication to improving the lives of the citizens of Compton.
PUBLIC COMMENTS ON AGENDA ITEMS AND NON-AGENDA MATTERS
Floyd Smith addressed the City Council regarding the American Rescue Plan Act and other guidelines. He also addressed low-income households, drinking water and the public water system. He stated that the City of Compton never mentioned the rate charges and now the people will have their water service cut off because of the wrong intention. Mr. Smith raised concerns regarding a false deed and the return of real property.
Brother Zaafir provided a flyer that addresses the commonality of Islam, Judaism and Christianity. Brother Zaafir indicated that Muslims believe in the Prophets and stated that Jesus performed miracles by the mission of God and added that Jesus is the Messiah. Brother Zaafir indicated that each person is responsible for their own sins, and we must worship the Creator not the creation. Brother Zaafir concluded by stating that he is excited about the positive changes that are happening in the Compton community.
Jacqueline Venters congratulated Mr. Spicer on his advancement to the City Council. Ms.
Venters further stated that she has Summer jobs for the youth of Compton, adding that the children must have positive activities to keep them safe and off the streets. Ms. Venters requested that the City Attorney pursue the pandemic funds given to the Compton Chamber of Commerce and alleged that the Chamber committed fraud. Ms. Venters then urged the City Council to provide amenities and positive activities for the residents.
Kimberly Woods, Vice President of Neighborhood Housing Services (NHS) Center for Sustainable Communities, invited the City Council and the Compton community to attend the Taste of Compton Juneteenth Celebration scheduled for June 18, 2022, from 11:00 a.m. to 3:00 p.m. at 1051 W. Rosecrans Boulevard, Compton. There will be live music, arts and crafts, fresh produce, food and housing and small business workshops free to the residents.
Dr. Michael Tankersley commented that the City must utilize 21 st Century thinking and technology, along with computer technology to improve the City. Dr. Tankersley then emphasized that the City must create a world of microeconomics and further stated that the future is in water agriculture.
Harold Durbin, College of Instrument and Technology, stated that his college can hire students to perform the City’s water well revamping. Mr. Durbin indicated that the City Council can offer scholarships to residents whereby they can receive compensation and 100% job placement for employment once their education/training is complete. Mr. Durbin encouraged the City Council to meet with Anthony Lewis, Dean Jones and Craig Henry to develop a plan to administer funds and take advantage of his offer to train and certify Compton residents at 700 N. Bullis Road.
Anthony Lewis congratulated Councilman Spicer for his success and also commended the entire City Council for their work to improve the City. Mr. Lewis proposed a training plan whereby residents attend school/training and after completion, they are hired by the City of Compton to increase the work force. Mr. Lewis stated that he would like to create jobs for the workers that have been laid off, the Veterans, those in the reentry program and the youth of the community. Mr.
Lewis emphasized that CIT has a program to rebuild the City of Compton and requested that he be allowed to meet with City officials to discuss the plan.
Rogelio Diaz, Connecting Compton, congratulated Councilmembers Spicer and Duhart and commented that their mission is to provide a safe space where individuals of all ages and all cultures can thrive with a sense of unity, belonging and pride. Mr. Diaz stated that Connecting Compton would like to build an equestrian center to improve the lives of children, adults, and veterans with cognitive, physical, and emotional disabilities through the benefits of therapeutic horseback riding and other equine-assisted activities. It will also provide a dynamic place for our youth, and everyone interested in learning about the equestrian lifestyle. By providing safe spaces for educational-based programs to operate, it will create opportunities for the youth in our community to develop as skilled and responsible citizens, while integrating the cultures of our beloved City in public open space. Mr. Diaz indicated that Connecting Compton is involved with many great events in the community and requested that everyone follow their mission at:
www.connectingcompton.org.
Craig Henry expressed his heartfelt thanks to the City Council and the Compton community for their kind words and support provided to him during the loss of his family member. Mr. Henry thanked Mayor Sharif and the Councilmembers for their leadership and encouraged the City Council to work together to improve the City.
Lynn Boone addressed agenda item Number 3 and indicated that the Council has the final say so on how the monies are to be spent. She raised concerns that the City Treasurer purchased a vault door, however, the issue was never before the City Council for approval. Ms. Boone also stated that agenda items 4, 11, 12 and 13 all concern money, which require four votes. Ms. Boone alleged that the Council illegally appointed the Councilperson in District 1 and further made allegations regarding the actions of the Councilmembers.
Michelle Chambers, former City Councilmember, commented that she is delighted and encouraged to see a full Dias of Councilmembers that will work harmoniously together to improve the great City of Compton. Ms. Chambers encouraged the City Council to continue to uplift, empower and improve the lives of the residents and give God all the Glory.
PUBLIC HEARING - MITIGATED NEGATIVE DECLARATION NO. 949, CHANGE OF ZONE/SPECIFIC PLAN CASE NO. 2020-004, STREET VACATION CASE NO. 2020-003 (501 -601 East Compton Boulevard)
On motion by Darden, seconded by Duhart, the hearing was opened at 6:45 p.m. by the following vote on roll call:
AYES: Council Members – Duhart, Spicer, Bowers, Darden, Sharif NOES: Council Members – None
ABSENT: Council Members – None
Robert Delgadillo, Planning Department, offered a presentation which detailed the proposal to adopt a Specific Plan/Zone Change and a Street Vacation of a 40 x135 foot portion of Willow Avenue. Mr. Delgadillo further indicated that the General Plan Agreement will change the General Plan land use map designation from General Commercial and Low Density Residential to Specific Plan (SP) and change the existing zoning from Limited Commercial (CL) and Parking/Low Density Residential to Specific Plan for 501- 601 East Compton Boulevard.
Mr. Delgadillo further stated that the project was initially brought before the City Council in June 2021 and consisted of a General Plan Amendment, Zone Change and Street Vacation. The General Plan Amendment, Zone Change and Street Vacation were approved by the City Council at the first public hearing on this matter.
Mr. Delgadillo further reported that this hearing is being held to consider the second reading of the Zone Change/Specific Plan and Street Vacation. If the City Council approves the Zone Change/Specific Plan and Street Vacation, this will give the project all the entitlements necessary to proceed.
Mr. Delgadillo provided artists renderings of the proposed development and stated that the proposed project is a seven-story mixed-use development comprised of space for retail/commercial uses, up to 300 residential units, including affordable units, a pedestrian plaza (Willow Plaza), an Innovation Hub, Creative Studios, and two parking garages with up to 407 spaces. In addition, the project includes the creation of a public pedestrian plaza. The project also includes streetscape improvements and bicycle parking on-site to encourage pedestrian and bicycle travel.
KBK Enterprises, LLC is requesting that the City adopt their Specific Plan to develop a mixed-use development consisting of:
300 Units – 58 Units will be affordable housing
7,700 square feet of ground floor retail/commercial space 40,000 square foot Innovation Center
The development will have resident amenities such as rooftop gardens, an exercise room, swimming pool, and outdoor barbecue facilities. The project is scheduled to be developed on a
2.13-acre site between Spring Avenue and Santa Fe Avenue on Compton Boulevard.
The development will be seven stories tall with a multilevel parking structure and have a public plaza on Compton Boulevard. The vehicle ingress and egress to the development will be from Spring Avenue and Santa Fe Avenue with secondary emergency access from North Willow Avenue.
The 501-601 East Compton Blvd. project will provide several types of parking:
Total of 389 parking spaces
Residential - 258 spaces-which calculates to .89 spaces per each unit Commercial – 131 spaces
Included in that number are Handicapped Accessible and EV parking spaces Unit sizes range from 400 to 1,000 square feet
The Project will also provide bicycle parking:
Total of 426 bicycle spaces
Long term parking – 387 spaces
Short term parking – 39 spaces
Mr. Delgadillo then indicated that the intent of the project is to encourage the use of light rail, bicycles, mass transit and the car/rideshare program. This parking is less than the Compton Municipal Code requires, however, this project is within the Compton Transit Oriented Development (TOD) Specific Plan which encourages ridership on the Blue Line. Mr. Delgadillo indicated that this is the main reason that the City is proposing less parking which will encourage more ridership on the light rail and reduce greenhouse gas emissions.
The City of Compton’s Public Works Department, Fire Department and Building Department have reviewed all facets of the proposed development and determined that the proposed project would not present any detrimental harm to the public.
The City has determined that Mitigated Negative Declaration (MND) is appropriate for the scope of this project. An MND is a determination that the proposed project will have less than significant environmental impact on the environment with the implementation of the mitigation measures.
This MND was processed, circulated and noticed in accordance with CEQA guidelines.
The City and KBK held three (3) public meetings discussing the Mitigated Negative Declaration on May 4 th, May 13 th and May 20 th of 2021. The majority of the feedback from the community was very positive.
Mr. Delgadillo then stated that Staff recommends that the City Council approve the second reading of the Change of Zone Case No. 2020-004 and approve the Street Vacation Order to Vacate Case No. 2020-003 and Mitigated Negative Declaration 949.
PUBLIC COMMENTS REGARDING THE HEARING
Lynn Boone questioned how many cars can be accommodated from the 420 spots designated for the bicycles. Ms. Boone raised concerns that the Fire Department does not have vehicles that can reach over 7 stories. She then questioned why there is not enough space to allow for at least one parking space for each unit at the development, when most people have 2 or 3 vehicles per household. Ms. Boone concluded that this project is not accommodating for the residents of Compton.
Mr. Delgadillo responded that he could not determine how many cars would fit in the spaces designated for bicycles adding that the intent is to encourage walking, ridesharing, light transit and biking as alternative forms of transportation. The residents will have the opportunity to purchase additional parking spaces which would increase the ratio of parking spaces per unit.
Mr. Delgadillo further indicated that the Compton Fire Department has indicated that they can adequately provide protection and there is also a mutual aid agreement with L.A. County Fire Department and other entities.
Unidentified Speaker asked to know the cost of the units and further raised the issue of whether there will be rent control for the regular units and the affordable housing units.
Mr. Delgadillo replied that the cost of the units is based on construction and the market value in three years. The project is scheduled to be completed by 2025.
Richard Earl commented that the City currently has a problem with inadequate street parking and further added that the proposed development would exacerbate that problem. Mr. Earl indicated that he heard no mention of security for development and also raised concerns that there is no Fire Station in District 4.
Mark Smith questioned the whereabouts of a scaled model of the project and further asked if the development would have an indoor or outdoor pool. He further questioned if there would be a contingency plan to scale down the project to provide for additional parking. Mr. Smith raised concerns regarding fire safety and emergency preparedness.
Mr. Delgadillo responded that the development would host an outdoor pool. He further stated that the project can always be reduced, however, this size is what the applicant is proposing, and the City is responding to what the applicant submitted.
Betrina Warren raised concerns and doubted that people will be encouraged to walk and ride bikes to the metro rail. She also questioned the cost for the units.
Mr. Delgadillo indicated that the entire project will be market rate and 58 units will be set as affordable housing under the guidelines of HUD.
Craig Henry addressed the issue of a certain ratio of the proposed development to be designated as affordable housing per Federal guidelines.
M. Crawford addressed the issue of the percentage of units for low-income development and further questioned what the square footage of the units will be.
Mr. Delgadillo responded that the units range from 500 square feet to 900 square feet.
Rogelio Diaz raised concerns regarding the size of the units and the lack of adequate parking. Mr.
Diaz urged the City Council to plan for the future growth and positive developments in the City of Compton.
Carlton McMillian, Retired Fire Fighter, addressed the issue of emergency personnel and their equipment gaining access to the location in a timely manner. Mr. McMillian indicated that the workload in the area will increase approximately 25% and further indicated that the City must not rely on ‘mutual aid’ from other entities. Mr. McMillian urged the City to development an emergency plan and provide additional Fire Department personnel and equipment.
Emon Johnson raised concerns regarding the inadequate living space and further questioned the costs of the units.
Robert Delgadillo responded that the unit sizes are designed to make the rent more affordable and added that this project is targeted to a specific demographics for resident just starting out.
Mr. Delgadillo further asserted that this type of development is being widely used across the Nation and further stated that the plan is to encourage walking, biking and light rail and decrease the use of vehicles.
Dr. Tankersley spoke in opposition to the project and asserted that the proper safety laws are not being followed and furthermore, the units are too small.
Yolanda Gomez stated that everyone is excited to see progress and development, however, the community is not happy with this particular project and asserted that young people will not be able to afford this housing. Ms. Gomez further emphasized that the City is not adequately prepared to deal with emergencies or disasters and further stated that this project could possibly result in gentrification in the City of Compton.
There being no further comments, it was moved by Duhart, seconded by Spicer, the hearing was closed at 7:26 p.m. by the following vote on roll call:
AYES: Council Members – Duhart, Spicer, Bowers, Darden, Sharif NOES: Council Members – None
ABSENT: Council Members – None
Councilman Bowers asked if the Planning Commission approved the item.
Mr. Delgadillo replied that the Planning Commission denied recommending approval of the project.
Councilman Bowers commented that a report must be obtained from the US Geological Services to determine whether or not the location sits on an earthquake fault. Furthermore, the City must have the proper Fire Department personnel and equipment to deal with any emergencies that arise and not rely on other surrounding principalities to assist in the case of a manmade or natural disaster. Councilman Bowers further noted that the City does not have the proper infrastructure to allow for such a high-density project.
Councilmember Duhart commented that she shares some of the same concerns as Councilman Bowers and further questioned whether the Developer would be able to address considering scaling down the project to five stories rather than seven stories and provide additional parking.
Mr. Delgadillo stated that he would invite the Developer to the next City Council meeting to discuss the proposed development and answer questions from the Council and community.
Councilmember Spicer indicated that it is unrealistic to expect residents to walk to public transportation. Councilman Spicer further noted that an evacuation plan must be in place and the issue of rent control must be addressed before the City can move forward with this development.
Councilmember Darden commented that she would like for the Developer to respond to the questions and concerns of the community and the City Council prior to voting on the item. 5:45 P.M. - PUBLIC HEARING - FISCAL YEAR 2022-2023 BUDGET On motion by Duhart, seconded by Spicer, the Fiscal Year 2022-2023 Budget was continued to June 21, 2022, at 5:35 p.m. by the following vote on roll call:
AYES: Council Members – Duhart, Spicer, Bowers, Darden, Sharif NOES: Council Members – None
ABSENT: Council Members – None
CONSENT AGENDA
APPROVAL OF MINUTES
2. MAY 3, 2022 (Approved)
MAY 10, 2022 (Approved)
CITY ATTORNEY
3. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON
AUTHORIZING THE CITY MANAGER TO ESTABLISH A PURCHASE ORDER TO
OFFICE DEPOT FOR THE PROCUREMENT OF SUPPLIES AND COMPUTER EQUIPMENT FOR THE OFFICE OF THE CITY ATTORNEY ($2,884.00) (Approved Resolution Number 25,668)
CITY CONTROLLER
4. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON RESCINDING RESOLUTION NUMBER 25,651 AND APPROVING AN
AMENDMENT TO THE POSITION CLASSIFICATION PLAN BY ADOPTING
AMENDED CLASSIFICATION SPECIFICATIONS FOR ACCOUNTING
SUPERVISOR AND ADJUSTING THE SALARY RANGE FROM 153 TO 166 (Approved Resolution Number 25,669)
CITY MANAGER
5. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON, CALIFORNIA, OPPOSING INITIATIVE 19-0029A (Approved Resolution Number 25, 670)
It was moved by Duhart, seconded by Spicer, that the consent agenda be approved.
Councilmember Darden stated that on the May 10, 2022, minutes under her Council Comments, the correct date for her Mother’s Day Celebration should be ‘May 7, 2022.’ The consent agenda was approved by the following vote on roll call:
AYES: Council Members – Duhart, Spicer, Bowers, Darden, Sharif NOES: Council Members – None
ABSENT: Council Members – None
REGULAR AGENDA
REPORTS OF OFFICERS, BOARDS, COMMISSIONS AND COMMITTEES AND CITY
COUNCIL
6. REMOVAL OF OFFICERS, COUNCIL MEMBERS, BOARDS/COMMISSIONS AND
COMMITTEES
On motion by Duhart, seconded by Spicer, Jackie Venters was removed from the Compton Taxpayers (Measure P) Committee by the following vote on roll call:
AYES: Council Members – Duhart, Spicer, Darden, Sharif
NOES: Council Members – Bowers
ABSENT: Council Members – None
7. APPOINTMENT(S) OF OFFICERS, COUNCIL MEMBERS, BOARDS/
COMMISSIONS AND COMMITTEES
COMPTON TAXPAYERS COMMITTEE (Measure P)
On motion by Spicer, seconded by Duhart, Antonio Macias was appointed to the Compton Taxpayers (Measure P) Committee by the following vote on roll call:
AYES: Council Members – Duhart, Spicer, Bowers, Darden, Sharif NOES: Council Members – None
ABSENT: Council Members – None
Councilman Bowers commented that he would like to remove Angela Lee from the Compton Taxpayers (Measure P) Committee to enable him to make an appointment.
On motion by Duhart, seconded by Spicer, Angela Lee was removed from the Compton Taxpayers (Measure P) Committee by the following vote on roll call:
AYES: Council Members – Duhart, Spicer, Bowers, Darden, Sharif NOES: Council Members – None
ABSENT: Council Members – None
Councilman Bowers commented that he would like to nominate Tomas Carlos to the Compton Taxpayers (Measure P) Committee.
On motion by Duhart, seconded by Spicer, Tomas Carlos was appointed to the Compton Taxpayers (Measure P) Committee by the following vote on roll call:
AYES: Council Members – Duhart, Spicer, Bowers, Darden, Sharif NOES: Council Members – None
ABSENT: Council Members – None
NEW BUSINESS
8. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON APPROVING IN-KIND CONTRIBUTIONS IN SUPPORT OF THE 19TH ANNUAL COMPTON STAND DOWN HELD SEPTEMBER 16-19, 2022
On motion by Darden, seconded by Duhart, Resolution Number 25,671 entitled ‘ A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON APPROVING IN-KIND CONTRIBUTIONS IN SUPPORT OF THE 19TH ANNUAL COMPTON STAND DOWN HELD SEPTEMBER 16-19, 2022’ was adopted by the following vote on roll call:
AYES: Council Members – Duhart, Spicer, Bowers, Darden, Sharif NOES: Council Members – None
ABSENT: Council Members – None
9. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON
AUTHORIZING THE CITY MANAGER TO AMEND THE PROFESSIONAL
SERVICES AGREEMENT WITH AND ISSUE A PURCHASE ORDER TO DUDEK TO
PERFORM CONTINUED CORRECTIVE REMEDIATION SERVICES AT FIRE STATION 1 (THE "SITE") IN ACCORDANCE WITH DIRECTIVES OF THE LOS
ANGELES REGIONAL WATER QUALITY CONTROL BOARD AND THE REVIEW ISSUED BY THE STATE WATER CONTROL BOARD ($100,000.00)
On motion by Duhart, seconded by Spicer, Resolution Number 25,672 entitled ‘ A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON
AUTHORIZING THE CITY MANAGER TO AMEND THE PROFESSIONAL SERVICES
AGREEMENT WITH AND ISSUE A PURCHASE ORDER TO DUDEK TO PERFORM CONTINUED CORRECTIVE REMEDIATION SERVICES AT FIRE STATION 1 (THE "SITE") IN ACCORDANCE WITH DIRECTIVES OF THE LOS ANGELES REGIONAL
WATER QUALITY CONTROL BOARD AND THE REVIEW ISSUED BY THE STATE WATER CONTROL BOARD’ was adopted by the following vote on roll call:
AYES: Council Members – Duhart, Spicer, Bowers, Darden, Sharif NOES: Council Members – None
ABSENT: Council Members – None
10. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON RESCINDING RESOLUTION NO. 25,160 AND AUTHORIZING THE CITY MANAGER TO RE-ESTABLISH THE CITY’S CORPORATE CREDIT CARD
ACCOUNT TO BE UTILIZED SOLELY AND EXCLUSIVELY FOR APPROVED
CITY BUSINESS
It was moved by Duhart, seconded by Spicer, that the resolution be adopted.
There was discussion among the Councilmembers and Staff regarding the item.
City Controller Sharon Rahban commented that a resolution exists that states that the single transaction limit of the City Manager is $25,000. Currently, the City Manager is authorized to use the City’s corporate credit card account, with a maximum credit limit of $50,000, to conduct City business that includes, but is not limited to, authorized travel expenses and emergency situations where the timely provision of equipment or supplies may be critical. Staff is requesting to rescind the prior resolution Number 25,160 for the previous City Manager, and to adopt a new resolution with the same terms as resolution no. 25,160.
Councilmember Darden commented that she is not opposed to the resolution, however, the resolution needs clarity. Ms. Darden further stated that she would like to be provided with a monthly report of all expenditures.
City Attorney Perrodin suggested that the item be removed from the agenda for further language amendments to provide for more clarity. The motion and second were withdrawn, respectively.
11. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON
AUTHORIZING THE ADOPTION OF SUBSTANTIAL AMENDMENTS TO THE CITY OF COMPTON'S FISCAL YEAR 2021-2022 ANNUAL ACTION PLAN OF THE
CONSOLIDATED PLANS BY REALLOCATING UNUSED CDBG FUNDS,
AMENDING THE FISCAL YEAR 2021-2022 BUDGET, AND AUTHORIZING THE
CITY MANAGER TO EXECUTE ALL NECESSARY CONTRACTS AND
IMPLEMENT ALL PROGRAMS UNDER THE FISCAL YEAR 2021-2022 ANNUAL
ACTION PLAN
It was moved by Duhart, seconded by Darden, that the resolution be adopted.
Dr. Aubrey Relf, Grants Manager, provided a brief presentation regarding the action plan amendments.
Councilman Bowers questioned if the City maintains a record of how much funding each organization receives and how those funds are used.
Dr. Relf replied that each nonprofit organization must supply matching funds and must submit a quarterly report which is verified by the City.
Resolution Number 25,673 entitled ‘A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF COMPTON AUTHORIZING THE ADOPTION OF SUBSTANTIAL AMENDMENTS TO THE CITY OF COMPTON'S FISCAL YEAR 2021-2022 ANNUAL
ACTION PLAN OF THE CONSOLIDATED PLANS BY REALLOCATING UNUSED CDBG FUNDS, AMENDING THE FISCAL YEAR 2021-2022 BUDGET, AND
AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY
CONTRACTS AND IMPLEMENT ALL PROGRAMS UNDER THE FISCAL YEAR 2021- 2022 ANNUAL ACTION PLAN’ was adopted by the following vote on roll call:
AYES: Council Members – Duhart, Spicer, Bowers, Darden, Sharif NOES: Council Members – None
ABSENT: Council Members – None
12. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AMENDING THE 2021-2022 FISCAL YEAR BUDGET TO TRANSFER FUNDS AND
AUTHORIZING THE CITY MANAGER TO ISSUE PURCHASE ORDERS AND SIGN SUPPORTING DOCUMENTS TO EVTS, INC. AND CHARGEPOINT, INC. FOR
ELECTRIC PARKING VEHICLES AND CHARGING STATIONS AND ANCILLARY INFRASTRUCTURE ($651,950.00)
It was moved by Duhart, seconded by Spicer, that the resolution be adopted.
Councilman Bowers stated that he had an opportunity to drive one of these vehicles and noted that the vehicle is too small.
Councilmember Darden commented that charging stations were donated to the City some time ago and questioned whether an adapter could be utilized to make the chargers compatible with the new vehicles.
Damion Timmons, Public Works, responded that the chargers are compatible with the new vehicles, however, the chargers are designed for indoor use only.
Resolution Number 25,674 entitled ‘A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AMENDING THE 2021-2022 FISCAL YEAR BUDGET TO
TRANSFER FUNDS AND AUTHORIZING THE CITY MANAGER TO ISSUE PURCHASE ORDERS AND SIGN SUPPORTING DOCUMENTS TO EVTS, INC. AND CHARGEPOINT, INC. FOR ELECTRIC PARKING VEHICLES AND CHARGING STATIONS AND ANCILLARY INFRASTRUCTURE’ was adopted by the following vote on roll call:
AYES: Council Members – Duhart, Spicer, Bowers, Darden, Sharif NOES: Council Members – None
ABSENT: Council Members – None
13. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON APPROVING FIRST QUARTER BUDGET AMENDMENT TO THE 2021-2022
FISCAL YEAR BUDGET, TRANSFERRING FUNDS BETWEEN VARIOUS
ACCOUNTS, AND AMENDING THE EXISITING PERSONNEL SUMMARY
On motion by Duhart, seconded by Spicer, Resolution Number 25,675 entitled ‘ A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON APPROVING FIRST QUARTER BUDGET AMENDMENT TO THE 2021-2022 FISCAL YEAR
BUDGET, TRANSFERRING FUNDS BETWEEN VARIOUS ACCOUNTS, AND AMENDING THE EXISITING PERSONNEL SUMMARY’ was adopted by the following vote on roll call:
AYES: Council Members – Duhart, Spicer, Bowers, Darden, Sharif NOES: Council Members – None
ABSENT: Council Members – None
COUNCIL COMMENTS
Councilmember Duhart offered the following communications/announcements:
Commented on her attendance at the wonderful Compton Youth Build Open House and noted that the center offers High School GED classes and a culinary arts school— contact: 310-631-2000 for additional information.
Welcomed Councilman Andre Spicer to the Dias and thanked him for his work in improving the Compton community.
Announced that she will be hosting a Juneteenth Freedom Day Celebration on June 18, 2022, at Sibrie Park---there will be live entertainment, food, games and community resources.
Commented that she has received a number of requests for street closures for the 4 th of July holiday and requested that the City consider re-visiting the issue of street closures for the safety of the community.
Requested that the City Council meeting be adjourned in memory of Larnell Whitfield.
Councilmember Spicer offered the following communications/announcements:
Stated that he is honored to be a part of the Compton City Council and thanked everyone for their encouragement and support.
Commented that he is committed to responding to the concerns and requests of the community.
Councilmember Bowers offered the following communications/announcements:
Thanked all the active-duty Military Service Members and Veterans for their selfless service to the Country and also thanked Celestine Bishop and her team for reviving and maintaining the Woodlawn Cemetery and Memorial Park, which is a historical landmark.
Expressed his continued support of the Compton Preparedness Team inclusive of the Red Cross to ensure that Compton is well prepared to manage its own emergency services and to be a resource for residents in the event of a natural disaster –Block clubs have been actively participating and receiving training to provide for their neighborhoods.
Requested that residents download and access the City’s Red Alert notification system that is used to immediately contact residents in emergency situations and provide useful information and updates or contact (310) 605-5612 for assistance with registering for the system.
Reported a large pothole at 300 East Johnson Street which must be addressed as soon as possible.
Councilmember Darden offered the following communications/announcements:
Announced that Assemblyman Mike Gipson will be hosting an expungement clinic on June 10, 2022, from 6 p.m. to 9 p.m. at Pools of Hope, 6801 Long Beach Blvd, Long Beach.
Invited the community to attend her District 4 Townhall meeting scheduled for June 11, 2022, at Kelly Park, 2319 E. Caldwell Street --- featuring sharing strategies towards making Compton safe, clean, and efficiently run for the residents of the community. Invited the community to attend her Business Roundtable which will be held on June 30, 2022, at the Dollarhide Community Center, 301 N. Tamarind Avenue, Compton— this will be the first ‘in person’ Roundtable event since 2020—contact: Dean Jones at 310-761-1482 for information and registration.
Commented that she attended an online Zoom meeting with the Los Angeles County Sheriffs relative to combating and eradicating the increasing illegal street takeovers and the problems associated with this activity.
Commented on the success of the ‘Coffee with a Cop’ community outreach event hosted by the Compton Sheriff’s Department held at Starbucks which provided free exchange between law enforcement and the community and thanked everyone involved with this enjoyable event.
(Councilman Spicer exited the meeting at 8:12 p.m.)
Requested that the City consider a temporary repair of the Artesia Bridge and further reported that a homeless encampment underneath the Artesia Bridge has returned and must be removed to prevent another fire.
Commented on the various meetings, community events and celebrations she attended during the past week.
Requested that the City re-visit the neighborhood block club street closures for the safety of the residents.
Mayor Sharif offered the following communications/announcements:
Mayor Sharif requested that the City work in conjunction with the Compton Unified School District to permanently close all the illegal marijuana dispensaries – beginning with those located close to schools.
Mayor Sharif commented on her attendance at the wonderful memorial services at the Woodlawn Cemetery and Memorial Park and commended Celestine Bishop and her Team for their dedication and service to the community in restoring and maintain the site.
Mayor Sharif reported on her attendance at the Conference of Mayors in Reno, Nevada and stated that there were serious discussions regarding the importance of addressing mental health challenges and added that it is crucial that we protect our mental health as well as our physical health.
Mayor Sharif announced that she will be partnering with the Compton Sherriff’s YAL and the Train of Thought organization to host a Youth Chess Championship Tournament on June 11, 2022, at the Dollarhide Community center, 301 N. Tamarind Avenue. There will be $20,000 in scholarship prizes along with trophies and medals presented to the champions.
Mayor Sharif invited the residents to attend her Job Fair scheduled for June 9, 2022 at the Dollarhide Community Center and invited those interested to contact: Mariela Gonzales at (323) 877-2174 or email: [email protected]. Mayor Sharif announced that she will be partnering with the Compton Community Empowerment Coalition to host an Understanding Your Tax Bill workshop on Thursday, June 16, 2022, from 6 p.m. to 7 p.m. at the Dollarhide Community Center.
Representatives from the Los Angeles County Tax Assessor’s Office will also be on site to answer any questions residents may have about their tax bill—contact: 310-605- 5688 for additional information.
Mayor Sharif invited the community to join her and the Lyrical Revolution for the 2 nd Annual Father’s Day Luncheon on June 18, 2022, for a wonderful day of live entertainment and great food at the Dollarhide Community Center.
ADJOURNMENT
On motion by Bowers, seconded by Duhart, the meeting was adjourned in memory of Mr. Larnell Whitfield at 8:40 p.m. by the following vote on roll call:
AYES: Council Members – Duhart, Bowers, Darden, Sharif
NOES: Council Members – None
ABSENT: Council Members – Spicer
________________________________________ ___________________________________
CITY CLERK OF THE CITY OF COMPTON MAYOR OF THE CITY OF COMPTON June 28, 2022
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: CITY ATTORNEY
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COMPTON AUTHORIZING THE PAYMENT FOR LEGAL
SERVICES FOR FISCAL YEAR 2022-2023
SUMMARY
The City Council will consider adopting a Resolution authorizing the payment for legal services to law firms currently representing the City of Compton (“City”) in various legal matters and/or providing advice and counsel.
BACKGROUND
The Compton City Charter, Section 702, authorizes the City Council to contract with outside attorneys to assist the City Attorney with professional legal services including ongoing legal advice and in the handling of various complex legal matters of the City.
Historically, the City has retained the services of various outside law firms to assist the Office of the City Attorney with specific complex matters and in specialized areas of the law.
STATEMENT OF THE ISSUE
Given the severe staff shortage in the Office of the City Attorney, the City has had to rely on outside counsel to provide legal representation in over 40 civil lawsuits since the fall of 2021. Outside counsel is also providing the City and the Office of the City Attorney, on an as-needed basis, with assistance and advice on specialized projects such as conflict of interest matters, municipal labor and employment practices, labor negotiations, investigations, administrative and municipal hearings, housing development transactions and governance issues.
The Office of the City Attorney acknowledges that the following law firms possess the special skills and experience necessary to perform the services in accordance with the best standards of professional practice and are currently assisting and/or representing the City in legal matters: Richard Watson and Gershon; Sanders Roberts LLP; Liebert Cassidy Whitmore; Lewis Brisbois Bisgaard & Smith LLP and Meyers Nave. The authority to pay these law firms is found in Resolution No. 25,460, adopted on May 4, 2021, which covers Fiscal Year 2021-2022. The City desires to have outside counsel continue their representation of the City, uninterrupted, through Fiscal Year 2022-2023.
2.2. Staff Report – Legal Services Retainer Agreements
June 28, 2022, page 2
That legal services performed by these law firms shall be paid from account numbers, in amounts not to exceed that which is allocated in the City Attorney’s Office budget for fiscal year 2022-2023, as adopted, modified and/or amended.
FINANCIAL IMPACT
Funds to pay outside legal services are available in the 2022-2023 Fiscal Year Budget of the City Attorney’s Office and will be used on an “as-needed” basis.
Expenditures for these services for all law firms listed herein shall be paid from the budgeted fund account numbers 1001-420-000-4261, 1001-420-000-4262, 1201-420- 000-4261, 1205-420-000-4261, 5100-420-000-4261, 6400-420-000-4261 and 6400-420- 000-4295.
RECOMMENDATION
Staff recommends that the City Council adopt the attached Resolution.
ERIC J. PERRODIN
CITY ATTORNEY
APPROVED FOR FORWARDING:
THOMAS THOMAS
CITY MANAGER
RESOLUTION NO. ______________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COMPTON AUTHORIZING THE PAYMENT FOR LEGAL
SERVICES FOR FISCAL YEAR 2022-2023
WHEREAS, Section 702 of the Compton City Charter authorizes the City Council to contract with outside attorneys to assist the City Attorney with professional legal services including ongoing legal advice, as well as the handling of various complex legal matters of the City; and
WHEREAS, historically, the City of Compton (“City”) has retained the services of various law firms to assist the Office of the City Attorney with specific cases and in specialized areas of the law; and
WHEREAS, given the severe staff shortage in the Office of the City Attorney, the City has had to rely on outside counsel to provide legal representation in over 40 civil lawsuits since the fall of 2021; and
WHEREAS, outside counsel is also providing the City and the Office of the City Attorney, on an as-needed basis, with assistance and advice on specialized projects such as conflict of interest matters, municipal labor and employment practices, labor negotiations, investigations, administrative and municipal hearings, housing development transactions and governance issues; and
WHEREAS, the Office of the City Attorney acknowledges that the following law firms possess the special skills and experience necessary to perform the services in accordance with the best standards of professional practice and are currently assisting and/or representing the City in legal matters: Richard Watson and Gershon; Sanders Roberts LLP; Liebert Cassidy Whitmore; Lewis Brisbois Bisgaard & Smith LLP and Meyers Nave; and
WHEREAS, the authority to pay these law firms is found in Resolution No. 25,460, adopted on May 4, 2021, which covers Fiscal Year 2021-2022; and WHEREAS, the City desires to have outside counsel continue their representation of the City, uninterrupted, through Fiscal Year 2022-2023.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COMPTON RESOLVES AS FOLLOWS:
Section 1. That legal services performed by Richard Watson and Gershon; Sanders Roberts LLP; Liebert Cassidy Whitmore; Lewis Brisbois Bisgaard & Smith LLP; and Meyers Nave to assist the City Attorney's Office, as needed, will continue to be paid through Fiscal Year 2022-2023.
Section 2. That legal services performed by these law firms shall be paid from account numbers 1001-420-000-4261, 1001-420-000-4262, 1201-420-000-4261, 1205- 420-000-4261, 5100-420-000-4261, 6400-420-000-4261 and 6400-420-000-4295, in amounts not to exceed that which is allocated in the City Attorney’s Office budget for fiscal year 2022-2023, as adopted, modified and/or amended.
Section 3. That a duly certified copy of this Resolution shall be delivered to the Offices of City Manager, City Attorney, City Controller and City Clerk.
Section 4. That the Mayor shall sign and the City Clerk shall attest to the adoption of this Resolution.
Resolution No. _______________
ADOPTED this _________day of __________, 2022
_______________________________
MAYOR OF THE CITY OF COMPTON
ATTEST:
___________________________________
CITY CLERK OF THE CITY OF COMPTON
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
CITY OF COMPTON )
I, Alita Godwin, City Clerk of the City of Compton hereby certify that the foregoing Resolution was adopted by the City Council of the City of Compton, signed by the Mayor and attested by the City Clerk at a regular meeting thereof held this _______ day of _______________, 2022.
That said Resolution was adopted by the following vote, to wit:
AYES: COUNCIL MEMBERS-
NOYES: COUNCIL MEMBERS-
ABSTAIN: COUNCIL MEMBERS-
ABSENT: COUNCIL MEMBERS-
___________________________________
CITY CLERK OF THE CITY OF COMPTON
June 28, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: COMPTON FIRE DEPARTMENT
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AMENDING THE FIRE DEPARTMENT’S 2021-2022 FISCAL YEAR BUDGET TO
TRANSFER FUNDS AND AUTHORIZING THE CITY MANAGER TO ISSUE
PURCHASE ORDERS TO SOUTH COAST EMERGENCY VEHICLE SERVICE (PIERCE) AND WILLIAM KALVIKOV DBA FIRE APPARATUS SOLUTIONS FOR
MAINTENANCE AND REPAIRS OF EMERGENCY FIRE APPARATUS
($49,146.00)
SUMMARY
The adoption of this resolution will amend the Fire Departments’ 2021-2022 Fiscal Year budget to transfer funds between accounts and authorize the City Manager to issue purchase orders with South Coast Emergency Vehicle Service and William Kalvikov DBA Fire Apparatus Solutions for the additional maintenance and repair services of the Compton Fire Department’s emergency apparatus in the amount not to exceed Forty-Nine Thousand One Hundred and Forty-Six Dollars and Zero Cents ($49,146.00)
BACKGROUND
The City of Compton’s (”City”) fire engines were purchased in 2005 and one engine recently purchased in 2019 and due to the high volume of emergency responses as well as the conditions of the City streets, the cost of repairs are increasing.
Annual apparatus maintenance and repair for the Compton Fire Department’s (“Department”) emergency vehicles are essential for the safe and efficient emergency response and operation.
The Department performs routine apparatus and equipment inspections on all apparatus daily to ensure that preventive maintenance guidelines are adhered to and that there are no defects with reference to fire engine operations. Furthermore, all vehicles are required to meet the Department of Transportation and California Highway Patrol regulatory statutes concerning emergency vehicles.
Last year, the Department solicited and received three (3) bids from the following vendors for maintenance and repair services at the listed hourly labor rates: (i) South Coast Emergency Vehicle Service (“South Coast”) ($95.00/hour); (ii) William Kalvikov dba Fire Apparatus Solutions ($89.00/hour); (iii) Glenn E. Thomas Dodge Chrysler Jeep ($110.00/hour). The Department determined that South Coast and William Kalvikov dba Fire Apparatus Solutions were the lowest and most responsive to the needs of the Department.
3.3. South Coast Emergency Vehicle Service & William
Kalvikov DBA Fire Apparatus Solutions Staff Report
June 28, 2022, page 2
STATEMENT OF ISSUE
On December 7, 2021 the City Council adopted Resolution No. 25,585 to approve the Departments’ use of South Coast, at a labor rate of $95.00 per hour and William Kalvikov DBA Fire Apparatus Solutions, at a labor rate of $89.00 per hour to perform the maintenance and repair of emergency fire apparatus and issued a purchase order in the amount of $80,000 to South Coast and William Kalvikov DBA Fire Apparatus Solutions. The Department has exhausted the current purchase order and is in need of an additional purchase order to pay for maintenance and repairs.
Staff is recommending that the Department continue to use South Coast Emergency Vehicle Service and William Kalvikov DBA Fire Apparatus Solutions for its maintenance and repair of emergency fire apparatus. The City has no vendor in the City boundaries that provide maintenance and repairs for emergency fire apparatus.
City Council approval is needed because the expenditure is in excess of $25,000.00 Dollars.
FISCAL IMPACT
The estimated cost for maintenance and repairs to the Departments’ emergency fire apparatus for the remainder of Fiscal Year 2021-2022 is Forty Nine Thousand One Hundred Forty Six Dollars and Zero Cents ($49,146.00). The Department’s 2021-2022 Fiscal Year budget will need to be amended to transfer funds between accounts as follows:
From: Description Amount
1001-690-000-4294 Contingency $49,146.00
To: Description Amount
1001-690-000-4229 Automotive Repairs $49,146.00
After the proposed transfer, the funds will be paid from:
Account No. Description Amount
1001-690-000-4229 Automotive Repairs $49,146.00
RECOMMENDATION
Staff recommends that Council adopt the attached Resolution.
RONERICK SIMPSON
FIRE CHIEF
APPROVED FOR FORWARDING:
THOMAS THOMAS
CITY MANAGER
RESOLUTION NO. ___________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AMENDING THE FIRE DEPARTMENT’S 2021-2022 FISCAL YEAR BUDGET
TO TRANSFER FUNDS AND AUTHORIZING THE CITY MANAGER TO
ISSUE PURCHASE ORDERS TO SOUTH COAST EMERGENCY VEHICLE
SERVICE (PIERCE) AND WILLIAM KALVIKOV DBA FIRE APPARATUS
SOLUTIONS FOR MAINTENANCE AND REPAIRS OF EMERGENCY FIRE APPARATUS($49,146.00)
WHEREAS, the annual apparatus maintenance and repairs for the Compton Fire Department’s (“Department”) emergency vehicles are essential for the safe and efficient emergency response and operation; furthermore, all vehicles are required to meet the Department of Transportation and California Highway Patrol regulatory statutes concerning emergency vehicles; and
WHEREAS, the City’s fire engines and trucks are experiencing a higher level of repairs and maintenance due to the high volume of emergency responses as well as the conditions of the City Streets in need of repair, the overall cost of repairs are increasing; and
WHEREAS, staff currently uses South Coast Emergency Vehicle Service and William Kalvikov DBA Fire Apparatus Solutions for its maintenance and repair services for emergency fire apparatus, however, the Department has exhausted the current purchase order and are in need of additional purchase orders to pay for emergency repairs; and
WHEREAS, last year, the Department solicited and received three (3) bids from the following vendors for maintenance and repair services at the listed hourly labor rates: South Coast Emergency Vehicle Service (Pierce) (“South Coast”) ($95.00 per hour) William Kalvikov dba Fire Apparatus Solutions ($89.00 per hour), Southern California Fleet Services Inc. dba Southern California Fire Services, Inc.($110.00 per hour); and
WHEREAS, on December 7, 2021, the City Council adopted Resolution No. 25,585 to approve the Department’s use of South Coast Emergency Vehicle Service (Pierce) and William Kalvikov DBA Fire Apparatus Solutions to perform the maintenance and repair of emergency fire apparatus and issued purchase orders in the total amount not to exceed $80,000.00; and
WHEREAS, the Department has exhausted the current purchase order and is in need of additional purchase orders to pay for maintenance and repairs; and WHEREAS, Staff is recommending that the Department continues to use South Coast Emergency Vehicle Service (Pierce) and William Kalvikov DBA Fire Apparatus Solutions for its maintenance and repair of emergency fire apparatus. The City has no vendor in the City boundaries that provide maintenance and repairs for emergency fire apparatus; and
WHEREAS, the estimated cost for maintenance and repairs to the Department’s emergency fire apparatus for the remainder of Fiscal Year 2021-2022 is Forty-Nine Thousand One Hundred Forty-Six Dollars and Zero Cents ($49,146.00); and WHEREAS, Staff is requesting to amend the Departments’ 2021-2022 Fiscal Year budget to transfer funds between accounts as follows:
Resolution No. _____________
From: Description Amount
1001-690-000-4294 Contingency $49,146.00
To: Description Amount
1001-690-000-4229 Automotive Repairs $49,146.00
After the proposed transfer, the funds will be paid from:
Account No. Description Amount
1001-690-000-4229 Automotive Repairs $49,146.00
WHEREAS, in order to amend the Department’s 2021-2022 Fiscal Year budget to issue open purchase orders to South Coast Emergency Vehicle Service (Pierce) and William Kalvikov DBA Fire Apparatus Solutions in the amount of Forty-Nine Thousand One Hundred Forty-Six Dollars and Zero Cents ($49,146.00). City Council’s authorization is required; and
WHEREAS, funds in the amount of Forty-Nine Thousand One Hundred Forty-Six Dollars and Zero Cents ($49,146.00) will be available for this expenditure in Account No. 1001-690-000-4229.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COMPTON DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. That the Fire Departments’ 2021-2022 Fiscal Year budget shall be amended to transfer funds between accounts as follows:
From: Description Amount
1001-690-000-4294 Contingency $49,146.00
To: Description Amount
1001-690-000-4229 Automotive Repairs $49,146.00
Section 2. That the City Manager is hereby authorized to issue purchase orders in an amount not to exceed Forty-Nine Thousand One Hundred Forty-Six Dollars and Zero Cents ($49,146.00) to South Coast Emergency Vehicle Service (Pierce) and William Kalvikov DBA Fire Apparatus Solutions to provide maintenance and repairs for the Departments’ emergency fire apparatus for the remainder of Fiscal Year 2021- 2022.
Section 3. That the funds for this purchase order shall come from the Fire Departments’ 2021-2022 Fiscal Year budget in Account No. 1001-690-000-4229.
Section 4. That a copy of this Resolution shall be filed in the offices of the City Manager, City Attorney, City Clerk, City Controller and the Fire Department.
Section 5. That the Mayor shall sign and the City Clerk shall attest to the adoption of this Resolution.
ADOPTED this _________ day of _____________, 2022
________________________________
MAYOR OF THE CITY OF COMPTON
Resolution No. ________________
ATTEST:
____________________________________
CITY CLERK OF THE CITY OF COMPTON
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF COMPTON: ss
I, Alita Godwin, City Clerk of the City of Compton, hereby certify that the foregoing Resolution was adopted by the City Council, signed by the Mayor, and attested to by the City Clerk at a regular meeting thereof held on the _______ day of ___________________, 2022.
That this Resolution was adopted by the following vote, to wit:
AYES: COUNCIL MEMBERS-
NOES: COUNCIL MEMBERS-
ABSTAIN: COUNCIL MEMBERS-
ABSENT: COUNCIL MEMBERS-
____________________________________
CITY CLERK OF THE CITY OF COMPTON
June 28, 2022
TO: MAYOR AND CITY COUNCIL MEMBERS
FROM: CITY MANAGER
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON RESCINDING RESOLUTION NO. 25,679, RATIFYING THE
CONSTRUCTION CONTRACT WITH ALL AMERICAN ASPHALT FOR
THE ANNUAL RESIDENTIAL STREET REHABILITATION PROJECT,
CIP# 18-01, PHASE 2B AND RE-ISSUING A PURCHASE ORDER
($6,840,971.50)
SUMMARY
Adoption of this resolution rescinds Resolution No 25,679, ratify the construction services contract entered into with All American Asphalt and authorize the re-issuance of a purchase order to All American Asphalt in the amount of Six Million Two Hundred Nineteen Thousand and Sixty-Five Dollars ($6,219,065) for All American Asphalt and Six Hundred Twenty One Thousand Nine Hundred Six Dollars and Fifty Cents ($621,906.50) contingency amount for the Annual Residential Street Rehabilitation Project, CIP# 18-01, Phase 2B.
BACKGROUND
The Annual Residential Street Rehabilitation Project (“Project”) provides improvements to streets in accordance with the plans, specifications and other contract documents as specified herein and shall consist of the following general work descriptions:
construction of cold mill, ARHM pavement, AC base course, aggregate base, full depth AC slot pavement, curb and gutters, sidewalks, cross gutter, alley intersection, driveway approach, curb ramps, signing, striping, markings, and pavement legends, speed humps, traffic signal loops, adjust to grade existing sewer manholes, water valves, water meters, and storm drain manholes, and such other items or details, not mentioned above, that are required by the plans and standard specifications.
The Phase 2B street improvements are located on Compton Avenue, Slater Avenue, Rosecrans Avenue, and Santa Fe Avenue as follows:
No. Street Name Limits
1. Compton Avenue 130th Street to 134th Place
2. Slater Avenue 133rd Street to Wilmington Avenue
3. Rosecrans Avenue City Limit East to Alameda Street
4. Santa Fe Avenue City Limit North to City Limit South
4.4.4.4. Staff Report – Resolution Authorizing Construction Contract All American Asphalt
Annual Residential Street Rehabilitation Project, CIP 18-01, Phase 2A June 28, 2022, Page 2 of 3
The Annual Residential Street Rehabilitation Project (CIP# 18-01, Phase 2B) was advertised for competitive bids on April 20 th, April 27 th, May 4 th and May 11 th, 2022.
Bids were received and opened on May 25, 2022. Four (4) bids were received as follows:
Contractors Amount
All American Asphalt $6,219,065
Hardy & Harper, Inc. $6,777,000
Palp dba Excel Paving $6,527,870
Sully Miller Contracting $6,783,000
Based upon review of the submitted bid documents, it was determined that All American Asphalt was the apparent lowest bidder. Additionally, staff recommends that a ten percent (10%) contingency in the amount of $621,906.50 for any unforeseen costs be authorized for this Project. The Engineer’s Estimate for this Project was $5,817,405.
The project is specified to be completed in 180 working days.
STATEMENT OF ISSUE
On June 14, 2022, City Council adopted Resolution No. 25,679, which authorized the City Manager to enter into a construction contract with and establish a purchase order for All American Asphalt for the project. However, due to a typographical error in the account number subsequent to the City Council’s original authorization, Resolution No. 25,679 needs to be rescinded and a new resolution is necessary with the revised account number. The contract between the City of Compton and All American Asphalt will remain in effect.
Therefore, in order to rescind Resolution No. 25,679, ratify the construction contract with All American Asphalt and re-issue a purchase order for All American Asphalt in the amount of $6,219,065 and a contingency amount of $621,906.50 for the Annual Residential Street Rehabilitation Project, CIP# 18-01, Phase 2B, City Council’s authorization is necessary.
FISCAL IMPACT
Funds in the amount of $6,840,971.50 are available in the Public Works 2021-2022 Fiscal Year in Account No. 3031-710-000-4300 (MTA Bond Funds).
ALTERNATIVE
Due to the fact that the City and the contractor desires to enter into a construction contract for the Annual Residential Street Rehabilitation Project, CIP# 18-01, Phase 2B, to move the project forward, no other alternatives are being recommended.
Staff Report – Resolution Authorizing Construction Contract All American Asphalt
Annual Residential Street Rehabilitation Project, CIP 18-01, Phase 2A June 28, 2022, Page 3 of 3
RECOMMENDATION
Staff recommends that the City Council adopt the attached Resolution.
JOHN D. STRICKLAND, JR., PROJECT MANAGER
PUBLIC WORKS ENGINEERING DEPARTMENT
APPROVED AS TO FORWARDING:
THOMAS THOMAS
CITY MANAGER
RESOLUTION NO. _________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON RESCINDING RESOLUTION NO. 25,679, RATIFYING THE
CONSTRUCTION CONTRACT WITH ALL AMERICAN ASPHALT FOR
THE ANNUAL RESIDENTIAL STREET REHABILITATION PROJECT
CIP# 18-01, PHASE 2B AND RE-ISSUING A PURCHASE ORDER
($6,840,971.50)
WHEREAS,the Annual Residential Street Rehabilitation Project (“Project”) provides improvements to streets in accordance with the plans, specifications and other contract documents as specified herein and shall consist of the following general work descriptions: construction of cold mill, ARHM pavement, AC base course, aggregate base, full depth AC slot pavement, curb and gutters, sidewalks, cross gutter, alley intersection, driveway approach, curb ramps, signing, striping, markings, and pavement legends, speed humps, traffic signal loops, adjust to grade existing sewer manholes, water valves, water meters, and storm drain manholes, and such other items or details, not mentioned above, that are required by the plans and standard specifications; and WHEREAS, the Phase 2B street improvements are located on Compton Avenue, Slater Avenue, Rosecrans Avenue, and Santa Fe Avenue as follows:
No. Street Name Limits
1. Compton Avenue 130th Street to 134th Place
2. Slater Avenue 133rd Street to Wilmington Avenue
3. Rosecrans Avenue City Limit East to Alameda Street
4. Santa Fe Avenue City Limit North to City Limit South WHEREAS,the Annual Residential Street Rehabilitation Project (CIP# 18-01, Phase 2B) was advertised for competitive bids on April 20 th, April 27th, May 4th and May 11th, 2022; and
WHEREAS,bids were received and opened on May 25, 2022 and four (4) bids were received as follows:
Contractors Amount
All American Asphalt $6,219,065
Hardy & Harper, Inc. $6,777,000
Palp dba Excel Paving $6,527,870
Sully Miller Contracting $6,783,000; and
WHEREAS, based upon review of the submitted bid documents, it was determined that All American Asphalt was the apparent lowest bidder; and WHEREAS,staff recommends City Council award the construction contract to All American Asphalt in the amount of $6,219,065; and
WHEREAS,staff recommends that a ten percent (10%) contingency in the amount of $621,906.50 for any unforeseen costs be authorized for this Project; and WHEREAS,the Engineer’s Estimate for this Project was $5,817,405 and the project is specified to be completed in 180 working days; and WHEREAS,on June 14, 2022, City Council adopted Resolution No. 25,679, which authorized the City Manager to enter into a construction contract with and establish a purchase order for All American Asphalt for the project; and WHEREAS,however, due to a typographical error in the account number subsequent to the City Council’s original authorization, Resolution No. 25,679 needs to be rescinded and a new resolution is necessary with the revised account number; and Resolution No. _______
WHEREAS,the contract between the City of Compton and All American Asphalt will remain in effect; and
WHEREAS,in order to rescind Resolution No. 25,679, ratify the construction contract with All American Asphalt and re-issue a purchase order for All American Asphalt in the amount of $6,219,065 and a contingency amount of $621,906.50 for the Annual Residential Street Rehabilitation Project, CIP# 18-01, Phase 2B, City Council’s authorization is necessary.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COMPTON DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1.That Resolution No. 25,679, adopted by the City Council on June 14, 2022, is hereby rescinded.
SECTION 2.That the bid of All American Asphalt in the amount of Six Million Two Hundred Nineteen Thousand and Sixty-Five Dollars ($6,219,065) is hereby re- accepted and ratified and all other bids rejected.
SECTION 3.That the construction contract to provide pavement rehabilitation of City roadways pursuant to the Annual Residential Street Rehabilitation Project entered into between the City and All American Asphalt is hereby re-authorized and ratified.
SECTION 4.That funds in the amount of $6,840,971.50 are available in the Public Works 2021-2022 Fiscal Year budget in Account No. 3031-710-000-4300.
SECTION 5.That a purchase order in the amount of $6,219,065.00 is authorized to be re-issued for All American Asphalt for services to be rendered on the Annual Residential Street Rehabilitation Project, CIP# 18-01, Phase 2B.
SECTION 6.That a project contingency amount of Six Hundred Twenty-One Thousand Nine Hundred Six Dollars and Fifty Cents ($621,906.50) is hereby re- authorized.
SECTION 7.That a copy of this Resolution shall be filed in the offices of the City Manager, City Controller, City Clerk, City Attorney and Public Works Department.
SECTION 8. That the Mayor shall sign and the City Clerk shall attest to the adoption of this Resolution.
ADOPTED this ________ day of ____________, 2022.
_______________________________
MAYOR OF THE CITY OF COMPTON
Resolution No. ___________
ATTEST:
___________________________________
CITY CLERK OF THE CITY OF COMPTON
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF COMPTON: ss
I, Alita Godwin, City Clerk of the City of Compton, hereby certify that the foregoing Resolution was adopted by the City Council, signed by the Mayor and attested by the City Clerk at a regular meeting thereof held on the _______ day of ________________, 2022.
That said Resolution was adopted by the following vote to wit:
AYES: COUNCIL MEMBERS-
NOES: COUNCIL MEMBERS-
ABSENT: COUNCIL MEMBERS-
ABSTAIN: COUNCIL MEMBERS-
___________________________________
CITY CLERK OF THE CITY OF COMPTON
ITEM NO. ITEM DESCRIPTION QUANTITY UNIT OF
MEASURE UNIT COST TOTAL COST UNIT COST TOTAL COST UNIT COST TOTAL COST UNIT COST TOTAL COST 1 Mobilization 1 LS $290,000.00 $290,000.00 $300,000.00 $300,000.00 $298,000.00 $298,000.00 $330,000.00 $330,000.00 2 Traffic Control 1 LS $400,000.00 $400,000.00 $593,700.00 $593,700.00 $529,000.00 $529,000.00 $583,220.00 $583,220.00 3 Best Management Practices 1 LS $13,000.00 $13,000.00 $25,000.00 $25,000.00 $18,000.00 $18,000.00 $24,000.00 $24,000.00 4 Clearing & Grubbing and
Unclassified Excavation 1 LS $740,000.00 $740,000.00 $500,000.00 $500,000.00 $682,000.00 $682,000.00 $800,000.00 $800,000.00 5 Cold Mill Existing Pavement 1,320,000 SF $0.28 $369,600.00 $0.28 $369,600.00 $0.30 $396,000.00 $0.38 $501,600.00 6 Construct 2" Asphalt Rubber Hot
Mix (ARHM) 19,000 TON $117.00 $2,223,000.00 $120.00 $2,280,000.00 $118.00 $2,242,000.00 $120.00 $2,280,000.00 7 Construct 2" AC Base Course 3,000 TON $96.00 $288,000.00 $100.00 $300,000.00 $120.00 $360,000.00 $105.00 $315,000.00 8 Construct 8" CAB 5,000 CY $41.00 $205,000.00 $92.00 $460,000.00 $72.00 $360,000.00 $90.00 $450,000.00 9 Sawcut, Remove Existing and
Construct 4" PCC Sidewalk 1,200 SF $12.00 $14,400.00 $13.00 $15,600.00 $14.00 $16,800.00 $22.00 $26,400.00 10 Sawcut, Remove Existing and
Construct PCC Driveway Approach 31 EA $4,500.00 $139,500.00 $4,100.00 $127,100.00 $5,300.00 $164,300.00 $4,400.00 $136,400.00 11 Sawcut Existing and Construct PCC
Cross Gutter 20,000 SF $19.00 $380,000.00 $30.00 $600,000.00 $22.00 $440,000.00 $18.00 $360,000.00 12 Sawcut, Remove Existing and
Construct PCC Curb Ramp 70 EA $7,800.00 $546,000.00 $8,000.00 $560,000.00 $6,700.00 $469,000.00 $5,500.00 $385,000.00 13 Sawcut Existing and Construct Alley
Intersection 1 EA $7,250.00 $7,250.00 $7,500.00 $7,500.00 $11,000.00 $11,000.00 $9,500.00 $9,500.00 14 Adjust to Grade Water Valve 121 EA $930.00 $112,530.00 $950.00 $114,950.00 $890.00 $107,690.00 $900.00 $108,900.00 15 Adjust to Grade Sewer Manhole 86 EA $1,300.00 $111,800.00 $1,150.00 $98,900.00 $950.00 $81,700.00 $1,000.00 $86,000.00 16 Adjust to Grade Storm Drain
Manhole 26 EA $1,300.00 $33,800.00 $1,150.00 $29,900.00 $950.00 $24,700.00 $1,000.00 $26,000.00 17 Adjust to Grade Test Well Box 3 EA $930.00 $2,790.00 $1,200.00 $3,600.00 $975.00 $2,925.00 $1,000.00 $3,000.00 18 Remove and Construct Speed
Hump 4 EA $4,400.00 $17,600.00 $4,500.00 $18,000.00 $2,000.00 $8,000.00 $2,600.00 $10,400.00 19 Funish and Install Street Name Sign 84 EA $195.00 $16,380.00 $200.00 $16,800.00 $200.00 $16,800.00 $265.00 $22,260.00 Sully-Miller ContractingAnnual Residential Street Rehabilitation Project (Phase 2B) All American Asphalt Hardy & Harper Palp dba Excel Paving 20 Furnish and Install Overhead
Reflective Street Name Sign 43 EA $975.00 $41,925.00 $1,000.00 $43,000.00 $940.00 $40,420.00 $1,400.00 $60,200.00 21 Furnish and Install Regulatory Sign 101 EA $140.00 $14,140.00 $150.00 $15,150.00 $135.00 $13,635.00 $155.00 $15,655.00 22 Install Traffic Detector Loop 228 EA $300.00 $68,400.00 $500.00 $114,000.00 $285.00 $64,980.00 $290.00 $66,120.00 23 Sawcut Existing and Construct Curb
and Gutter 40 LF $100.00 $4,000.00 $80.00 $3,200.00 $138.00 $5,520.00 $155.00 $6,200.00 24 Construct Truncated Domes 3 EA $1,650.00 $4,950.00 $2,000.00 $6,000.00 $800.00 $2,400.00 $715.00 $2,145.00 25 Miscellaneous Concrete Items, etc. 1 LS $50,000.00 $50,000.00 $50,000.00 $50,000.00 $50,000.00 $50,000.00 $50,000.00 $50,000.00 26 Striping, Markings, & Pavement
Legends 1 LS $125,000.00 $125,000.00 $125,000.00 $125,000.00 $123,000.00 $123,000.00 $125,000.00 $125,000.00 1 $6,219,065.00 3 $6,777,000.00 2 $6,527,870.00 4 $6,783,000.00 TOTAL
CONSTRUCTION SERVICES AGREEMENT
BETWEEN
CITY OF COMPTON
AND
ALL AMERICAN ASPHALT
[Annual Residential Street Rehabilitation Project– CIP #18-01, Phase 2B] This AGREEMENT is entered into by and between the CITY OF COMPTON, a municipal corporation of the State of California (hereinafter referred to as “CITY”) located at 205 South Willowbrook Avenue, Compton, California 90220, and ALL AMERICAN ASPHALT (hereinafter referred to as “CONTRACTOR”) located at 400 East Sixth Street, Corona, California 92879, (each a “Party” and collectively, the “Parties”).
RECITALS:
A. City is a municipal corporation duly organized and validly existing under the law of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City.
B. Contractor is a corporation duly organized and in good standing in the State of California.
Contractor represents that it is duly licensed by the State of California (License No. 267073) and has the background, knowledge, experience and expertise to perform the obligations set forth in this Agreement.
C. City and Contractor enter into this Agreement for the purpose of retaining Sully-Miller Contracting Company (Contractor) to perform that work required pursuant to the Annual Residential Street Rehabilitation Project CIP# 18-01, Phase 2B (“Project”).
D. Authorization to enter into this Agreement is pursuant to Resolution No. _______adopted by the City Council on ________, 2022.
WHEREFORE, the City and Contractor, for the consideration, terms and conditions herein described, mutually agree as set forth below:
1.0 GENERAL PROVISIONS
1.1 Definitions.
1.1.1 “Work” consists of all of the Construction Services, including but not limited to all of the labor, materials and equipment necessary to complete the Project in accordance with the Contract Documents.
1.1.2 “Contract Documents” consists of this Agreement (interchangeably “Contract”) (including all exhibits and schedules), any amendments and clarifications issued thereto, the “Notice Inviting Bids,” “Instructions to Bidders,” any “Supplementary Instructions to Bidders,” and any addendum(s) and supplements thereto issued by the City, the “Proposal” and any “Bid/Unit Price Proposal” submitted by the Contractor, the plans, general conditions, special provisions, standard and technical specifications, schedules, exhibits, drawings, designation of subcontractors, information required of bidder, all required bonds, insurance policies, endorsements, certificates, permits, notices and affidavits, notice to proceed, notice of completion, any Change Orders, the provisions of the Standard Specifications for Public Works Construction (SSPWC), latest Edition (except as modified), Standard Specifications of the State of California Department of Transportation (CalTrans), latest Edition (except as modified), Work Area Traffic Control Handbook (WATCH), latest Edition, CalTrans Standard Drawings, latest edition, Manual on Uniform Traffic Control Devices (MUTCD), latest Edition, MUTCD Latest Construction Services Agreement – All American Asphalt
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California Supplement, and any and all other documents identified in the Contract Documents which together form the agreement between the City and the Contractor.
1.2 Public Work of Improvement.
City and Contractor acknowledge that City is a political subdivision of the State of California and that construction of the Project is to be funded with public funds.
1.3 Trust and Confidence.
Contractor accepts the obligation of trust and confidence established between it and City by this Agreement and shall act in the best interests of City, as its fiduciary, in carrying out Contractor’s duties and responsibilities under this Agreement, including, without limitation, the furnishing of efficient business administration, sufficient senior level management and other qualified personnel to complete Contractor’s obligations under the Contract Documents in an expeditious and economical manner and within the Contract Price and Contract Time.
1.4 Standard of Care.
Contractor shall perform all its obligations under the Contract Documents in accordance with the highest standard of care applicable to the performance of services and Work required by the Contract Documents. In the event portions of the Project are to be performed in accordance with a specific performance standard, the Work shall be performed so as to achieve such standard.
1.5 Compliance with Applicable Laws.
Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project, and shall give all notices and comply with all applicable laws and lawful orders of any governmental authorities (including, without limitation, those laws, ordinances, rules, regulations and lawful orders relating to safety, prevailing wage, Hazardous Substances, and equal employment opportunities); pay all local, state and federal taxes; and pay all benefits, insurance, taxes and contributions for Social Security and Unemployment Insurance which are measured by wages, salaries or other remuneration paid to Contractor's employees. Contractor shall be liable for all violations of such laws and regulations in connection with the Contractor’s obligations on this Project. If Contractor performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. City is a public entity of the State of California subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a Charter city are a part of this Agreement to the same extent as though set forth herein and will be complied with. Contractor shall defend, indemnify and hold City, its officials, directors, officers, employees and agents (hereinafter “City”) free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.
Construction Services Agreement – All American Asphalt
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This Agreement is subject to and incorporates the terms of the Housing and Community Development Act of 1974, as amended by the Cranston-Gonzalez National Affordable Housing Act, 1990, and the 24 CFR Part 85. If the compensation under this Agreement is in excess of $100,000 then Contractor shall comply with applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42 U.S.C. 18579h), section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency Regulations (40 CFR part 15).
The Contractor must obtain and present all relevant state and local insurance, training and licensing pursuant to Work required within this Contract. Contractor shall also comply with the following laws:
1.5.1 Prohibition Against Employment Discrimination.During the performance of this Contract, the Contractor will not discriminate against any employee or applicant for employment because of race, color, gender, marital status, ethnicity, religion, age or medical condition as set forth in the California Labor Code Section 177.6, Government Code, Title VII of the Civil Rights Act and the Civil Rights Act of 1991 and any amendments to the above. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoffs or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor; state that all qualified applicants will receive consideration for employment without regard to race, color, gender, marital status, ethnicity, religion, age or medical condition.
In the event of the Contractor’s noncompliance with the nondiscrimination clauses of this Contract or with any of such rules, regulations or orders, this Contract may be canceled, terminated or suspended in whole or part and the Contractor may be declared ineligible for further Government contracts and such other sanctions may be imposed and remedies invoked as provided by law.
1.5.2 Clayton Act and Cartwright Act.In accordance with Section 7103 of the California Public Contract Code, in entering into a public works contract or a subcontract to supply goods, services or materials pursuant to a public works contract, the Contractor or subcontractor offers and agrees to assign to the City all rights, and interest in and all causes of action it may have under Section 4 of the Clayton Act or under the Cartwright Act, arising from the purchases of goods, services or materials pursuant to this Contract.
1.5.3 Federal Lobbyist Requirements.The Contractor is prohibited by the Department of Interior and Related Agencies Appropriations Act, known as the Byrd Amendments, and HUD’s 24 CFR Part 87, from using federally appropriated funds for the purpose of influencing or attempting to influence an officer or employee of any agency, a Member of Congress in connection with the awarding of any Federal Contract, the making of any Federal grant, loan or cooperative agreement, and any extension, continuation, renewal, amendment or modification of said documents.
1.5.4 Subletting and Subcontracting.Contractor acknowledges and agrees that it is the City’s intent for the provisions of the Subletting and Subcontracting Fair Practices Act (commencing with Section 4100 of the California Public Contract Code) to apply to all phases of the Work.
Construction Services Agreement – All American Asphalt
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1.5.5 Prevailing Wage Requirements.This Project is funded in whole or in part with Federal Housing and Community Development funds. The Federal Labor Standards Provisions, including prevailing wage requirements of the Davis-Bacon and Related Acts will be enforced.
This Project is a public work in the State of California, which may be funded in whole or in part with public funds. Therefore, the higher of the two applicable prevailing wage rates, federal or state, will be enforced. Contractor’s duty to pay State prevailing wages can be found under California Labor Code Section 1770 et seq. and the penalties for failure to pay prevailing wages and employ apprentices including forfeitures and debarment can be found in California Labor Code Sections 1775 and 1777.7, as such wage rates are amended from time to time. It is the Contractor’s responsibility to ensure payment of prevailing wages and inform all subcontractors that prevailing wage requirements apply to this construction project from commencement of the Contract through completion of the Work. .aContractor shall pay all employees on said Work a salary or wage at least equal to the prevailing salary or wage established for such Work as set forth in the wage determinations and wage standards applicable to this Work. Contractor shall forfeit to the City, as penalty, Fifty Dollars ($50.00) for each calendar day or portion thereof for each worker paid (either by him or any subcontractors under him) less than the prevailing rate described above on the Work provided for in this Agreement, all in accordance with the State Labor Code and be subject to debarment from future public works projects with the City for a period not to exceed three (3) years. The Contractor shall not require more than eight (8) hours in a day from any person employed by him hereunder, except as provided in the Labor Code. The Contractor shall conform to the State Labor Code and it is agreed that the Contractor shall forfeit to the City, as penalty, the sum of Twenty Five Dollars ($25.00) for each worker employed in the execution of this Contract by the Contractor or any subcontractors for each calendar day during which any worker is required or permitted to labor more than eight (8) hours in one day or 40 hours in one week in violation of said article. The Contractor shall indemnify, defend and hold harmless the City, its officials, officers, employees and agents from any and all liability including, but not limited to wages, overtime pay, liquidated damages, penalties, court costs, and attorneys fees arising under any wage and hour law including, but not limited to the Federal Fair Labor Standards Act, as amended, for work performed by the Contractor’s employees for which the City may be found jointly or solely liable.
1.5.6 Employment of Apprentices.Pursuant to California Labor Code Section 1777.5, Contractor shall file with the appropriate Joint Apprenticeship Training Committee (“JATC”), a DAS-140 form registering to train apprentices. Only those programs approved by the California Apprenticeship Council are applicable to accept DAS-140 registration forms. In addition, Contractor is required to make appropriate training contributions as set forth in the prevailing wage determination to each appropriate JATC, or in the alternative, to the California Apprenticeship Council. .aContractor shall forfeit to the City, as penalty, Fifty Dollars ($50.00) for each calendar day and be subject to debarment from future public works projects with the City for a period not to exceed three (3) years for failure of Contractor to register to train apprentices or failure to pay the appropriate training contribution.
1.5.7 Certified Payrolls.Pursuant to California Labor Code Section 1776, Contractor shall keep weekly payroll records, which shall be certified under penalty of perjury to record the proper payment of prevailing wages for this Project. City shall accept computer printouts (which are then certified) in lieu of the standard form as long as the computer printout provides all of the same information as required on the certified payroll form. Failure of Contractor to provide the certified payrolls within ten (10) days of a written deficiency notice from the City shall result in a penalty of Twenty Five Dollars ($25.00) per day per worker for each day of violation. City maintains the right to withhold any and Construction Services Agreement – All American Asphalt
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all funds due the Contractor and/or his/her subcontractors in the event that certified payrolls are not maintained and provided to the City upon request.
1.5.8 Employment Eligibility.Contractor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to the Immigration Reform and Control Act of 1986, as may be amended from time to time. Contractor also verifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of this Agreement. To the same extent and under the same conditions as Contractor, Contractor shall require all of its subcontractors performing any work relating to this Project or this Agreement to make the verifications and comply with all requirements and restrictions provided herein. The City shall not be responsible for any costs or expenses related to Contractor’s compliance with the requirements provided for in this Section 1.5.8. Should Contractor employ undocumented aliens for the performance of Work covered by this Agreement, and should any liability or sanctions be imposed against the City for such use of undocumented aliens, Contractor hereby agrees to and shall reimburse City for the cost of all liabilities or sanctions imposed, together with any and all costs, including attorneys’ fees, incurred by City.
1.5.9 Water Pollution Control.
1.5.9.1 Best Management Practices (BMPs).Contractor, without limitation, shall be responsible to provide and implement Best Management Practices to comply with National Pollution Discharge Elimination System (“NPDES”) standards and practices. The Contractor shall be responsible, to the fullest extent possible, not to permit any contaminants, including soil, to enter any drainage system. Contractor shall be responsible to maintain equipment so that oil, grease, gasoline, diesel fuel, et al., does not contaminate areas subject to run-off. The Contractor and its surety shall fully indemnify the City for any pollution damage and/or cleaning costs. All construction of off-site and on-site improvements shall adhere to NPDES Best Management Practices to prevent deleterious materials or pollutants from entering the City or County storm drain systems. Best Management Practices shall be defined as any program, technology, process, site criteria, operating method, measure or device which controls, prevents, removes or reduces pollution. Contractor shall obtain and refer to the California Storm Water Best Management Practice Handbooks, Volume 3 Construction BMP Handbook and the Los Angeles County Department of Public Works Best Management Practices Handbook for Construction Activities.
The City, as permittee, is subject to enforcement actions by the State Water Resources Control Board, Environmental Protection Agency and private citizens. The City may assess the Contractor a penalty of One thousand Dollars ($1,000.00) for each calendar day that the Contractor has not fully implemented the BMPs specified for the contract and/or is otherwise in noncompliance with these provisions. In addition, the City will deduct, from the final payment due the contractor, the total amount of any fines levied on the City, plus legal and staff costs, as a result of the Contractor’s lack of compliance with these provisions and/or less than complete implementation of the specified BMPs.
1.5.10Upon City's request, Contractor shall furnish evidence satisfactory to City that any and all of the foregoing obligations have been fulfilled. Without limiting the foregoing, Contractor shall pay all employees on said Work a salary or wage at least equal to the prevailing salary or wage established for such Work as set forth in the wage determinations and wage standards applicable to this Work.
1.6 Key Personnel.
1.6.1 Contractor’s Representative. Contractor hereby designates Mark Luer, Construction Services Agreement – All American Asphalt
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President of Contractor as Contractor’s Representative, who shall be deemed to be Contractor’s agent with express authority to bind Contractor with respect to all matters requiring Contractor’s approval or authorization.
1.6.2 City’s Representative. City hereby designates the Director of the Public Works Department, or his/her designee as City’s Representative for this Project.
1.7 Independent Contractor.
Contractor shall be an independent contractor, and neither Contractor, its officers, principals, employees, agents, volunteers and subcontractors (collectively hereinafter the “Contractor”), shall be considered employees or agents of City. Neither the City nor any of its officers, employees, agents or volunteers shall have any control over the conduct of the Contractor, except as expressly set forth in this Agreement. Contractor shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Contractor expressly warrants that while engaged in carrying out and complying with any terms and conditions of this Agreement that Contractor shall not at any time or in any manner, represent that Contractor is in any manner officers, employees, agents or volunteers of the City. Contractor shall obtain no rights to retirement, health care or any other benefit that accrue to City officials, officers, or employees. Contractor expressly waives any claim to such rights.
1.7.1Contractor verifies that it possesses a “Class A” Contractor’s License(s) adequate to perform the Work herein described and that all subcontractors of Contractor have equivalent licenses for their specific trades. Contractor further verifies that it and its subcontractors are registered with the California Department of Industrial Relations (“DIR”) to perform public work under the Labor Code.
1.8 Permits.
Contractor understands and assumes all risk and sole responsibility, without any adjustment to the Contract Price or Contract Time, for obtaining all permits, licenses and approvals that may be necessary for the Project to be completely constructed and ready for acceptance or occupancy by City.
Prior to or at the time of execution of this Agreement, the Contractor, and all Contractor’s subcontractors, shall purchase a business license permit in conformance with Section 9-1.2 of the Compton Municipal Code and obtain applicable no-fee construction permits.
2.0 SCOPE OF SERVICES
2.1It is the mutual understanding of the Parties that all construction services to be performed hereunder shall be performed pursuant to the fee schedule, scope of work, the City Engineer and/or Project Manager, and other requirements contained in the Contract Documents. Contractor agrees to provide and furnish all necessary professionals, managers, supervisors, staff, equipment, materials, laborers, necessary tools, expendable equipment, all utility and transportation services and other facilities required to complete the following work:
Construction Services Agreement – All American Asphalt
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ANNUAL RESIDENTIAL STREET REHABILITATION PROJECT (CIP#18-01, PHASE 2B)
The Annual Residential Street Rehabilitation Project (“Project”) provides improvements to streets in accordance with the plans, specifications and other contract documents as specified herein and shall consist of the following general work descriptions: construction of cold mill, ARHM pavement, AC base course, aggregate base, full depth AC slot pavement, curb and gutters, sidewalks, cross gutter, alley intersection, driveway approach, curb ramps, signing, striping, markings, and pavement legends, speed hump, traffic signal loop, adjust to grade existing sewer manhole, water valve, water meter, and storm drain manhole, and such other items or details, not mentioned above, that are required by the plans and standard specifications. The Project locations are as follows:
No. Street Name Limits
1. Compton Avenue 130th Street to 134th Place
2. Slater Avenue 133rd Street to Wilmington Avenue
3. Rosecrans Avenue City Limit East to Alameda Street
4. Santa Fe Avenue City Limit North to City Limit South
2.2 Management of Construction Work.
In addition to the Construction Work, Contractor shall cooperate with the City, City’s Engineer and/or any construction management firm it may utilize as concerns and is incidental to construction projects of the nature and scope of this Project. The services required are not intended in any manner to diminish the overall responsibility of Contractor for the full and final completion of the Construction Work within the time and cost constraints specified in this Contract.
Contractor shall bear all costs associated with this Work, including, but not limited to, all professional, technical, clerical services, materials, tools, equipment, transportation, telephone, etc., used by Contractor in connection with this Work.
3.0 CONTRACT PRICE
3.1 Total Compensation.
As full and complete compensation for the faithful performance of all of the Work hereunder performed by Contractor in accordance with the Contract Documents, City shall pay, and Contractor agrees to accept, a not-to-exceed maximum sum of Six Million Two Hundred Nineteen Thousand and Sixty-Five Dollars ($6,219,065.00) (“Contract Price”), subject to adjustments for changes in the Work as may be agreed to in writing by the City and Contractor.
3.2 The Contract Price, unless changed by a properly authorized and written Change Order, represents the absolute limit of obligation or liability that City may ever have insofar as the cost for full and final completion of the Work, and the total of all payments to Contractor are concerned. Should additional amounts be required to be expended, over and above the Contract Price, to achieve completion of the Work, including project construction, and payment to Contractor, in accordance with this Contract, liability for and payment of such additional amounts shall be the sole responsibility of Contractor and its Contract surety herein, and City shall not be liable for same. Should the final cost of the construction work and Contractor’s compensation total less than the Contract Price, or Construction Services Agreement – All American Asphalt
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any approved revision thereof, the difference shall inure to the benefit of City and no claim for all or any portion of said difference shall be valid against or payable by City.
3.3 Payments.
Progress payments may be made in arrears based on the percentage of work and deliverables completed by the Contractor. If Contractor fails to submit the required deliverable items according to schedule, the City shall have the right to delay payment and/or terminate this Agreement in accordance with the provisions noted herein.
Contractor shall be reimbursed in accordance with the provisions of California Public Contract Code, Section 20104.50, upon receipt by the City of itemized invoices for services completed.
City will verify the accuracy of the request, correct the charges where appropriate and make payment to the Contractor in an amount equal to the amount of such invoice, as verified or corrected by City.
Invoices shall be submitted no later than 45 calendar days after the performance of Work for which the Contractor is billing. Invoices shall be delivered or mailed to the Public Works Director or his/her designee at the following address: City of Compton, 205 South Willowbrook Avenue, Compton, California 90220.
3.4 Retention.
Contractor agrees to the withholding of a 5% retention fee by the City. Unless there is a dispute, within sixty (60) days after the date of completion of the Work, the retention fee shall be released.
If there is a dispute, the City may withhold from the final payment an amount not to exceed 150% of the disputed amount. For purposes of this section, “completion” means any of the following:
The occupation and use of the improvement by the City after cessation of labor on the Work; or
The acceptance of the Work by the City; or
Cessation of labor on the Work of improvement for continuous period of at least 100 days, due to factors beyond the control of the City; or Cessation of labor on the Work of improvement for continuous period of at least 30 days if the City files for record a notice of cessation or a notice of completion. -Or-
Pursuant to Section 22300 of the Public Contract Code, this Contract permits the substitution of securities for any monies withheld by a public agency to ensure performance under this Contract. At the request and expense of the Contractor, securities equivalent to the amount withheld shall be deposited with the public agency, or with a state or federally chartered bank as the escrow agent, who shall then pay such monies to the Contractor. Upon satisfactory completion of the Contract, the securities shall be returned to the Contractor.
Securities eligible for investment under this section shall include those listed in Government Code Section 16430 or bank or savings and loan certificates of deposit. The Contractor shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon.
In the alternative, under Section 22300, Contractor may request the City to make payment of earned retentions directly to the escrow agent at the expense of Contractor. Also at Contractor‘s expense, Contractor may direct investment of the payments in securities, and Contractor Construction Services Agreement – All American Asphalt
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shall receive interest earned on such investment upon the same conditions as provided for securities deposited by Contractor. Upon satisfactory completion of the Contract, Contractor shall receive from the escrow agent all securities, interest and payments received by escrow agent from the City pursuant to the terms of Section 22300. Contractor shall pay to each subcontractor, not later than 20 days after receipt of such payment, the respective amount of interest earned, net of costs attributed to retention withheld from each subcontractor, on the amount of retention withheld to insure performance of Contractor.
3.5 Contractor’s Warranty of Contract Price.
Contractor warrants and represents that the Contract Price, includes without Limitation:
(i) all overhead, general and administrative expenses, including without limitation, both on-site and off-site direct job expenses and home office overhead for the Project and all fees and assessments for building and other permits for which Contractor is responsible, licenses and inspections required for the Project, and (ii) includes and assumes that from time to time Contractor will encounter delays, difficult conditions arising from limited access to work areas or other interferences for which responsibility is not otherwise attributable to Contractor and unforeseen conditions at the Site not constituting differing site conditions.
Except as otherwise provided in the Contract Documents, Contractor assumes full responsibility for its examination, investigation and understanding of such delays and difficulties which may be encountered, and shall be deemed to have included in its Contract Price a sum to cover the cost and expense associated therewith.
4.0 TIME
4.1 Time of Essence.
Time is of the essence with respect to all time limits set forth in the Contract Documents.
4.2 Commencement.
4.2.1 Construction Services. Contractor agrees to commence the Work provided for herein within 10 calendar days after receipt of the Notification to Proceed or as otherwise agreed in writing with the Director of his/her designee, and continue in a diligent, professional and worker-like manner as directed by the City without interruption until the each of the requested segment(s) and/or location(s) identified by the City for repairs and work is completed or within a total of 180 working days (this period is inclusive of time to procure needed materials, mobilization, etc.), whichever occurs first, unless this Agreement is extended, suspended or terminated as provided herein. .aNotwithstanding any other provisions of this Contract, Contractor shall not be obligated to perform any work and the City shall not be obligated to accept or pay for any work performed by the Contractor prior to issuance of a Notice to Proceed. The City’s knowledge of work being performed prior to issuance of the Notice to Proceed shall not obligate the City to accept or pay for such work. Contractor shall provide all required contract bonds and evidences of insurance prior to commencing work pursuant to this Contract.
4.3 Extensions.
The Contract Time shall not be extended except by a properly authorized and written Change Order issued in accordance with the Contract Documents.
Construction Services Agreement – All American Asphalt
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4.4 Compensation for Delay.
4.4.1 Sole Remedy. Extensions of time adjusting the Contract Time shall be Contractor's sole and exclusive remedy for delay for reasons beyond its reasonable control.
4.5 Liquidated Damages.
IF CONTRACTOR FAILS TO ACHIEVE SUBSTANTIAL COMPLETION OF THE WORK WITHIN THE PERIODS OF TIME REFERRED TO IN PARAGRAPH 4.2.1 OF THIS AGREEMENT (AS
ADJUSTED BY CHANGE ORDER FOR EXTENSIONS PERMITTED BY THE CONTRACT
DOCUMENTS), CITY WILL INCUR DAMAGES, THE AMOUNT OF WHICH WILL BE DIFFICULT OR
IMPOSSIBLE TO ESTABLISH WITH CERTAINTY, INCLUDING BUT NOT LIMITED TO INEFFICIENCY AND DISRUPTION OF CITY'S OPERATIONS. THE PARTIES THEREFORE AGREE THAT FOR EACH DAY PAST THE COMPLETION DATES REFERRED TO IN PARAGRAPH 4.2.1 (AS ADJUSTED BY
CHANGE ORDER FOR THE EXTENSIONS PERMITTED BY THE CONTRACT DOCUMENTS) THAT
THE WORK IS NOT SUBSTANTIALLY COMPLETE, CONTRACTOR SHALL PAY CITY THE SUM OF ONE THOUSAND DOLLARS ($1,000) FOR EACH CALENDAR DAY DELAYED BEYOND THE TIME PRESCRIBED FOR FINISHING THE WORK AS LIQUIDATED DAMAGES. THIS SUM REPRESENTS
A REASONABLE EFFORT TO ESTIMATE FAIR COMPENSATION FOR THE FORESEEABLE
LOSSES CITY WILL INCUR ON ACCOUNT OF DELAYS IN SUBSTANTIAL COMPLETION OF THE WORK AND IS NOT A PENALTY. IF LIQUIDATED DAMAGES ARE NOT PAID, THE CITY MAY
DEDUCT THE AMOUNT THEREOF FROM ANY MONEY DUE OR THAT MAY BECOME DUE TO THE
CONTRACTOR UNDER THIS AGREEMENT IN ADDITION TO ANY OTHER REMEDY AVAILABLE TO THE CITY. CONTRACTOR SHALL NOT BE ASSESSED LIQUIDATED DAMAGES IF THE DELAY IS
CAUSED BY ACTS OF GOD WHICH COULD NOT REASONABLY HAVE BEEN FORESEEN OR GUARDED AGAINST; STRIKES, BOYCOTTS OR LIKE OBSTRUCTIVE ACTIONS BY CONTRACTOR’S OR IT’S SUBCONTRACTOR’S EMPLOYEES WHICH ARE BEYOND CONTRACTOR’S CONTROL; FAILURE OF CITY TO PERFORM; OR FAILURE OF A PUBLIC
UTILITY TO RELOCATE OR REMOVE AN EXISTING UTILITY REQUIRED FOR PERFORMANCE OF THIS CONTRACT. CITY AND CONTRACTOR HEREBY INDICATE THEIR AGREEMENT TO THE FOREGOING LIQUIDATED DAMAGES PROVISION:
____________________________ ________________________________________ City of Compton – City Manager Contractor – All American Asphalt
4.6 Construction Schedule.
Contractor shall prepare and submit to City a detailed Construction Baseline Schedule (showing all milestones with critical activities on the Baseline Schedule) for each street segment(s) and/or location(s) identified and requested for repairs and Work prior to commencing construction. No Work shall be started until the Schedule has been approved in writing by the City. The Construction Schedule shall be prepared, utilizing a time-scaled bar chart showing continuous flow from left to right and major milestones which are critical to the completion of the construction of the Project and a clearly highlighted critical path. Durations and specific calendar dates shall be clearly and legibly shown for the start and finish of each activity. Activities shall be in sufficient detail to demonstrate a practical plan to complete the construction within the Contract Time. There shall be no extension of time granted due to delay caused by inability to obtain materials without the advance written approval of the Public Workers Director or his/her designee.
Contractor shall be held responsible for coordination of all phases of the operations/Work so that the schedule can be met. If Contractor desires to make a major change in its methods or Construction Services Agreement – All American Asphalt
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operations after commencing construction or if its Schedule fails to reflect the actual progress, the Contractor shall submit to the City a revised Construction Schedule. Said revised Schedule shall be submitted in advance of beginning revised operations. The City may suspend all progress payments if the Contractor fails to comply.
4.7 City Review Periods.
All schedules prepared by Contractor, shall include such City review periods as are required by the nature of the work and/or as requested by the City. Contractor shall in all cases deliver to City prior to commencement of a City review period a written request for review, accompanied, if appropriate, by the document, question or other information requiring the City or Architect review, response, approval or consideration. For purposes of determining compliance with the City review periods, if Contractor does not deliver its request for review before the first day of a City review period scheduled in the governing schedule, the City review period shall not commence until Contractor delivers such request and the respective City review date shall be extended (without any corresponding adjustment to the Contract Time) on a day-for-day basis until Contractor delivers such request to the proper entity from which a response, review or approval is sought. To the extent that such an extension causes delay to Contractor's performance within the Contract Time, such delay shall be deemed an inexcusable delay.
4.8 Governmental Authority Review Periods.
Contractor shall include in all of the schedules it prepares estimates of the time required for governmental authorities to inspect, review and approval of the Work while in progress. Contractor is solely responsible for the sufficiency and accuracy of its estimates of time for all governmental authority review periods.
5.0 CONSTRUCTION PHASE
5.1 General.
5.1.1Contractor shall completely perform, to City’s satisfaction, all of the Work in accordance with this Agreement and other Contract Documents.
5.1.2Unless otherwise provided in the Contract Documents, Contractor shall furnish, or cause to be furnished, and shall pay for all labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation and other facilities and services necessary for proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated into the Work.
5.1.3Contractor shall attend meetings with City as frequently as is necessary to the expeditious performance of the Work for the purpose of discussing construction issues which may arise during the Project.
5.2 Supervision of Work.
Contractor shall supervise and direct the Work, using Contractor’s best skill and attention.
Contractor shall be solely responsible for and have control over all construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work.
Construction Services Agreement – All American Asphalt
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5.3 Permits, Approvals, Licenses and Notices.
Contractor shall obtain and pay for (i) all permits, approvals, licenses and easements; and (ii) government charges and inspection fees pertaining to the construction of the Project.
5.4 Safety.
5.4.1Contractor shall have overall responsibility for safety precautions and programs in the performance of the Work.
5.4.2Contractor shall seek to avoid injury, loss or damage to persons or property by taking reasonable steps to protect:
.aEmployees and all other persons at the Site;
.bMaterials and equipment stored on the Site or off the Site at locations for use in performance of the Work; and
.cThe Project and all property located at the Site, whether or not said property or structures are part of the Project or involved in the Work.
5.4.3Contractor shall designate an individual at the Site in the employ of Contractor who shall act as Contractor’s designated safety representative with a duty to prevent accidents.
5.4.4Losses not insured under property insurance which may arise from the performance of the Work, to the extent of the negligence attributed to such acts or omissions of Contractor or anyone for whose acts Contractor may be liable, shall be promptly remedied by Contractor at Contractor’s cost and without reimbursement by City as a cost of work, or in any other manner.
5.4.5If City deems any part of the Work or Site unsafe, City may require Contractor, without assuming responsibility for Contractor’s safety program, to immediately stop performance of the Work or take corrective measures. Neither City’s order nor Contractor’s action in response thereto shall be the basis for adjustment in the Contract Price or Contract Time.
5.4.6Should this work involve digging trenches or other excavations that extend deeper than four (4) feet below the surface, the Contractor shall promptly, and before the following conditions are disturbed, notify the City, in writing, of any:
.aMaterial the Contractor believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code that is required to be removed to a Class I, Class II or Class III disposal site.
.bSubsurface or latent physical conditions at the Site differing from those indicated by information about the Site made available to bidders prior to deadline for submitting bids. .cUnknown physical conditions at the Site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract.
5.4.7Contractor represents that in advance of the excavation of any trench deeper than five (5) feet, it shall submit for acceptance by the City or a registered civil or structural engineer, employed by the City, to whom authority to accept has been delegated, in advance of excavation, of a Construction Services Agreement – All American Asphalt
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detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. If such plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer.
5.5 Substitutions.
There shall be no substitutions in the Work or procedures or methods specified by the Contract Documents for performing the Work, unless Contractor first receives written approval for such substitution from City.
5.6 Trade Contractors.
5.6.1If applicable, Contractor shall employ only Trade Contractors who are duly licensed and qualified to perform the Work consistent with the Contract Documents. Each Trade Contractor, of every tier, shall be fully bound to the Contract Documents in the same manner as Contractor is bound to City for all the requirements of the Contract Documents to the extent applicable to the Trade Contractor’s portion of the Work.
5.6.2Contractor assumes responsibility for the proper performance of the Work of Trade Contractors, of every tier, and any acts or omissions in connection with such performance.
Contractor shall coordinate the activities of all Trade Contractors, of every tier.
5.7 Separate Contractors.
5.7.1Contractor agrees to reasonably cooperate with, and coordinate its activities so as not to interfere with, those Separate Contractors performing work at the Site, so that the Project can be completed in an orderly and coordinated manner without delay.
5.7.2If any part of the Work depends upon other work performed by Separate Contractors, Contractor shall, prior to proceeding with that part of the Work, inspect such other work and promptly notify the City of any circumstance or fact that would render such other work unacceptable for the proper performance of the Work. Contractor shall not proceed with such part of the Work without further direction from the City. Contractor shall be liable for losses incurred due to any defects in such other work not so reported by Contractor.
6.0 ACCOUNTING RECORDS
6.1 Access.
Contractor shall keep, and shall include in its contracts with its Trade Contractors, provisions requiring its Trade Contractors to keep, full and detailed accounts in accordance with the requirements of the Contract Documents and exercise such controls as may be necessary for proper financial management of the Work. Such accounting and control systems shall comply with prevailing custom and practice for similar Projects and be satisfactory to City and shall include preservation of such records for a period of four (4) years after final completion of the Work, or for such longer period as may be required by law.
Contractor shall allow, and shall include in its contracts with its Trade Contractors, provisions requiring its Trade Contractors to allow, City or its authorized representative(s) and accountants, within twenty-four (24) hours after requested by City, to inspect, audit or reproduce any and all records relating to the Project. Such records shall include all information, materials and data of every Construction Services Agreement – All American Asphalt
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kind and character (hard copy, as well as computer readable data if it exists), that may, in City's judgment, have any bearing on or pertain to any matters, rights, duties or obligations relating to the Project, including without limitation the following: agreements; purchase orders; leases; contracts; commitments; arrangements; notes; schedules; daily diaries; superintendent reports; drawings; receipts; vouchers; memoranda; accounting records; job cost reports, job cost files (including documentation covering negotiated settlements); backcharge logs; general ledgers; documentation of cash and trade discounts earned, insurance rebates and dividends; any documents customarily maintained by contractors performing work on a cost plus a fee basis; other documents that City otherwise deems necessary to substantiate charges or claims related to the Project.
6.2 Enforcement.
Contractor hereby consents and agrees that any failure by Contractor to provide access to records as provided in this Article 6.0 shall be specifically enforceable by issuance of a preliminary and/or permanent mandatory injunction by a court of competent jurisdiction based on affidavits submitted to such court, without the necessity of oral testimony, to compel Contractor to permit access, inspection, audit and/or reproduction of the records or to require delivery of the records to City for inspection, audit and/or reproduction.
7.0 INDEMNITY, BONDS
7.1 Indemnity.
7.1.1 General Indemnity. To the fullest extent allowed by law, Contractor hereby agrees to defend, indemnify, and hold harmless City, its City Council, boards and commissions, officials, officers, agents, employees, representatives, insurers and volunteers (hereinafter collectively referred to as "City") through legal counsel acceptable to City, from and against any and all Losses arising directly or indirectly from, or in any manner relating to, any of the following: (i) any act or omission (negligent or otherwise) of Contractor, or by its Trade Contractors, of any tier; (ii) performance or nonperformance by Contractor or its Trade Contractors, of any tier, of any of the obligations under this Agreement or the other Contract Documents; (iii) the construction activities of Contractor, or its Trade Contractors, of any tier, either on the Site or on other properties; (iv) the payment or nonpayment of money by Contractor, or by any of its Trade Contractors, of any tier; or (v) any personal injury, property damage or economic loss to third persons or entities associated with the performance or nonperformance by Contractor, or any of its Trade Contractors, of any tier; provided, however, that nothing contained herein shall be construed as obligating Contractor to indemnify the City for losses resulting from the City’s sole negligence, active negligence or willful misconduct. Contractor shall pay City for any costs incurred in enforcing the defense and/or indemnity obligations under this provision. Nothing in this Section 7.1 shall be construed to give rise to any implied right of indemnity in favor of Contractor against the City.
7.1.2 Survival. The provisions of Paragraph 7.1.1 shall survive complete performance or termination of this Agreement.
7.1.3 Severability. The invalidity of any portion of Paragraph 7.1.1 shall not affect or render unenforceable any other portions thereof.
7.2 Bonds.
7.2.1 Bond Forms. Prior to commencing any construction of the Work, Contractor shall file with City good and sufficient "Labor and Material Payment" and "Performance" bonds in the amount of one hundred percent (100%) of the Contract Price for each. Contractor shall take steps to assure that the penal sum of the bonds shall be increased by the amount of any additive adjustments to Construction Services Agreement – All American Asphalt
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the Contract Price due to Change Orders. The bonds shall be on forms satisfactory to and approved by City, signed by both Contractor and surety and properly notarized. Should any bond required hereunder or any surety on such bond become or be determined by City to be insufficient, it shall be replaced within ten (10) days by a bond that fully complies with the requirements of this Paragraph 7.2.1. No further payments to Contractor for work performed shall be made or become due until Contractor has fully complied with the requirements of this Section 7.2.
7.2.2 Duration. The payment bond shall remain in effect until sixty (60) days after final completion of the Work and all claims by Contractor and Trade Contractors, of every tier, have been satisfied. The performance bond provided by Contractor shall remain in effect for the duration of the period of all warranties required by the Contract Documents and shall assure faithful performance of all of Contractor's obligations under the Contract Documents, including, without limitation, all obligations that survive final completion or termination, such as but not limited to Contractor's obligations under its warranties, guarantees and to defend and indemnify City.
7.2.3 Premiums. The premiums for all bonds are included in the Contract Price and shall be paid by Contractor.
7.2.4 Obligees. The performance and payment bonds shall name City as obligee.
7.2.5 Changes. Change Orders, Field Orders, Modifications, Scope Changes and other Changes in the Work and adjustments to the Contract Price or Contract Time shall in no way release or exonerate Contractor or its sureties from their obligations and notice thereof shall be waived by such sureties.
7.2.6 Communications. City shall have the right to communicate with Contractor's sureties with respect to matters that are related to Contractor's performance of its obligations under the Contract Documents. Such communications shall not create or be interpreted as creating any contractual relationship between City and any such surety.
8.0 INSURANCE
8.1 Insurance Requirements.The Contractor shall not commence Work under this Contract until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this Section 8.0.
As a condition precedent to the effectiveness of this Contract for work to be performed hereunder and without limiting the Contractor’s indemnification of the City, Contractor shall provide and maintain at its own expense during the term of this Agreement the following program(s) of insurance covering its operations hereunder. Failure on the part of the Contractor to procure or maintain insurance shall constitute a material breach upon which the City may immediately terminate this Agreement. Contractor agrees to suspend and cease all operations hereunder during such period of time as the required insurance coverage is not in effect and evidence of insurance has not been furnished to the City. In the event that the Contractor's operations are suspended for failure to maintain required insurance coverage, the Contractor shall not be entitled to an extension of time for completion of the Work because of production lost during suspension.
8.2 Minimum Scope of Insurance.Insurance coverage specified herein constitutes the minimum requirements and said requirements shall in no way lessen or limit the liability of the Contractor under the terms of the Agreement. Contractor shall procure and maintain, at its own costs and expense, any additional kinds and amounts of insurance that, in its own judgment, may be necessary for its proper Construction Services Agreement – All American Asphalt
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protection of the work.
All insurance required hereunder shall be primary with respect to any insurance maintained by the City and shall not call on the City’s program for contributions. Program(s) of insurance shall include:
8.2.1 Commercial General Liability.Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 00 01 11 88, with minimum limits of at least One Million Dollars ($1,000,000.00) per occurrence, and if written with an aggregate, the aggregate shall be double the per occurrence limit. Defense costs shall be paid in addition to the limits. Products and completed operations coverage shall be maintained for a minimum of two years after completion of the Work.
.aThe policy shall contain no endorsements or provisions limiting coverage for (1) explosion, collapse or underground hazard (XCU); (2) products and completed operations; (3) contractual liability; (4) third party action over claims; (5) cross liability exclusion for claims or suits by one insured against another; or (6) contain any exclusions contrary to the Contract.
8.2.2 Automobile Liability.Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 00 01 06 92 covering "Any Auto" (Symbol 1) with minimum limits of One Million Dollars ($1,000,000.00) each accident. If Contractor does not own any company vehicles, the requirement may be satisfied by providing (a) a Personal Automobile Liability policy for the Contractor's own vehicle (as specified in the following paragraph); and (b) a non-owned auto endorsement to the Commercial General Liability policy if Contractor may use vehicles of others (e.g., vehicles of employees). Independent Contractors may not be able to purchase a Business Automobile policy and consideration may be given to accepting a Personal Automobile Liability policy. Requirements should stipulate "Automobile Liability Insurance with a limit of not less than $1,000,000 each accident.”
8.2.3 Workers' Compensation.Workers' Compensation Insurance, as required by the State of California and Employer's Liability Insurance, with a limit of not less than One Million ($1,000,000.00) per accident for bodily injury and disease. Workers' Compensation and Employer's Liability insurance may not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this.
8.2.4Builder’s Risk Insurance.Builder’s Risk Insurance for any property constructed on behalf of the City, to cover “all risk” of physical loss providing for loss or damage from collapse, including collapse resulting from design error. The value insured shall cover 100% of the completed Contract cost and shall be maintained until full acceptance of the Work.
8.3 Endorsements.Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval.
8.3.1The policy or policies of insurance required by Section 8.2.1 (Commercial General Liability) shall be endorsed to provide the following:
.aAdditional Insured: The City, its officials, officers, employees, agents, and volunteers shall be named as “additional insured” with regard to liability and defense of suits or claims arising out of the performance of the Agreement. .bAdditional Insured Endorsements shall not (1) be restricted to "ongoing operations"; (2) exclude "contractual liability"; (3) restrict coverage to "sole" liability of Contractor; or (4) Construction Services Agreement – All American Asphalt
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contain any other exclusions contrary to the Contract.
.cCancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City, except ten (10) days written notice shall be provided for non-payment of premium.
8.3.2The policy or policies of insurance required by Section 8.2.2 (Automobile Liability) shall be endorsed to provide the following:
.aCancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City, except ten (10) days written notice shall be provided for non-payment of premium.
8.3.3The policy or policies of insurance required by Section 8.2.3 (Workers' Compensation) shall be endorsed to provide the following:
.aWaiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the indemnified parties. .bCancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City, except ten (10) days written notice shall be provided for non-payment of premium.
8.4 Waiver of Subrogation.Required insurance coverage’s shall not prohibit Contractor from waiving the right of subrogation prior to a loss. Contractor shall waive all subrogation rights against the indemnified parties. Policies shall contain or be endorsed to contain such provisions.
8.5 Deductible. Any deductible or self-insured retention must be approved in writing by the City and shall protect the indemnified parties in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention.
8.6 Evidence of Insurance.The Contractor, concurrently with the execution of the Contract, and as a condition precedent to the effectiveness thereof, shall deliver certified copies of the required policies on forms approved by the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.
8.7 Acceptability of Insurers.Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and authorized to do business in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
8.8 Insurance for Subcontractors.All subcontractors shall be included as additional insured’s under the Contractor's policies, or the Contractor shall be responsible for causing subcontractors to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City as an “additional insured” to the subcontractor's policies.
Contractor shall submit proof of compliance with this provision upon request of the City.
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8.9 Reporting of Claims.Contractor shall report to the City, in addition to Contractor’s insurer, any and all insurance claims submitted by Contractor in connection with the Work under this Contract.
9.0 CHANGE ORDERS
9.1 Changes.City has the right, in its sole discretion, to make whatever changes it deems necessary or desirable to the Work; no change ordered by City shall entitle Contractor to an adjustment of the Contract Price or Contract Time unless it constitutes a Scope Change.
9.2 Change Orders.A Change Order is a duly authorized written order signed by City and Contractor, and issued after execution of this Agreement, authorizing an adjustment in the Contract Price and/or Contract Time. The Contract Price and Contract Time can be adjusted only by Change Order. No action, conduct, omission, prior failure or course of dealing by City shall act to waive, modify, change or alter the requirement that Change Orders must be duly authorized and in writing signed by City.
10.0 CERTIFICATIONS
10.1 Certification of Contractor.I, Mark Luer, HEREBY CERTIFY that I am the President, and duly authorized representative of the Contractor firm of All American Asphalt and that, except as hereby expressly stated, neither I nor the above firm that I represent have: (i) employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above consultant) to solicit or secure this agreement; nor (ii) agreed, as an express or implied condition for obtaining this Contract, to employ or retain the services of any firm or person in connection with carrying out the agreement; nor (iii) paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above consultant) any fee, contribution, donation, or consideration of any kind, for or in connection with, procuring or carrying out this Agreement.
10.2 Debarment and Suspension Certification.The Contractor, under penalty of perjury, certifies that, except as noted below, he/she/it or any other person associated therewith in the capacity of owner, partner, director, officer, manager:
a. is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any Federal, State or local agency; and b. has not been suspended, debarred, voluntarily excluded or determined ineligible by any Federal, State or local agency within the past 3 years; and c. does not have a proposed debarment pending; and
d. has not been indicted, convicted, or had a civil judgment rendered against him/her/it by a court of competent jurisdiction in any matter involving fraud or official misconduct in connection with obtaining, attempting to obtain, or performing a public (Federal, state or local) transaction or contract under a public transaction; violation of Federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property within the past 3 years; and e. are not presently indicted or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in the preceding paragraph; and
f. have not had one or more public transactions (Federal, State or local) terminated for cause or default within the past 3 years.
If there are any exceptions to this certification, insert the exceptions in the following space.
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[Supply exceptions on separate page]
For any exception noted above, indicate below to whom it applies, initiating agency, and dates of action. [Attach separate page]
These certifications are a material representation of fact upon which reliance was placed when this transaction was made or entered into. The above certifications are part of this Contract. Signing this Agreement on the signature portion thereof shall also constitute signature of the above Certifications. ________________________________________ ___________________ Mark Luer, President (Date)
10.3 Non-Lobbying Certification for Federal-Aid Contracts.The Contractor certifies to the best of his or her knowledge and belief, that:
(a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
(b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in conformance with its instructions.
These certifications are a material representation of fact upon which reliance was placed when this transaction was made or entered into. The above certifications are part of this Contract. Signing this Agreement on the signature portion thereof shall also constitute signature of the above Certifications. ________________________________________ ___________________ Mark Luer, President (Date)
11.0 DEFAULT AND TERMINATION
11.1 Default by Contractor.
11.1.1 Notice of Default. Without limitation to any of City’s other rights or remedies at law or in equity, City shall have the right to terminate this Agreement in the event that Contractor fails or refuses to perform any of the obligations set forth in this Agreement or the other Contract Documents, and fails to cure such default in the manner required hereafter.
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11.1.2 Opportunity to Cure Default. Contractor shall cure any default in performance of its obligations under the Contract Documents within two (2) business days after receipt of written notice of such default from City; provided, however, that if the breach cannot reasonably be cured within such time then Contractor will commence to cure the breach within two (2) days and will diligently and continuously prosecute such cure to completion within a reasonable time, which shall in no event be later than ten (10) calendar days after receipt of such written notice.
11.2 City's Rights and Remedies Upon Default.
11.2.1 Remedies Upon Default. In the event that Contractor fails to cure any breach of this Agreement within the time periods set forth above, then City may pursue any remedies available under law or equity, including, without limitation, the following:
.a Delete Certain Services. City may, without terminating this Agreement, delete certain portions of the Work, reserving to itself all rights to recover losses related thereto. .b Perform and Withhold. City may, without terminating this Agreement, engage others to perform the Work or portion of the Work that has not been performed by Contractor and withhold the cost thereof to City from future payments to Contractor, reserving to itself all rights to recover losses related thereto.
.c Suspend this Agreement. City may, without terminating this Agreement and reserving to itself all rights to recover losses related thereto, suspend all or any portion of this Agreement for as long a period of time as City determines, in its sole discretion, appropriate, in which event City shall have no obligation to adjust the Contract Price or Contract Time, and shall have no liability to Contractor for adjustment to the Contract Price, Contract Time, or for losses, if City directs Contractor to resume Work.
.d Terminate this Agreement. City may terminate all or any part of this Agreement for cause according to the notice provisions set forth in this Agreement, reserving to itself all rights to recover losses related thereto.
.e Invoke the Performance Bond. City may, with or without terminating this Agreement and reserving to itself all rights to recover losses related thereto, exercise its rights under the Contractor’s performance bond.
11.2.2 Rights Cumulative. All of City’s rights and remedies under this Agreement are cumulative, and shall be in addition to those rights and remedies available in law or in equity.
Designation in the Contract Documents of certain breaches as “material” shall not be construed as implying that other breaches not so designated are not material nor shall such designations be construed as limiting City’s right to terminate or the exercise of its other rights or remedies for default to only material breaches. City shall determine whether there has been noncompliance with the Contract Documents so as to warrant exercise by City of its rights and remedies for default. No termination or action taken by City after termination shall prejudice any other rights or remedies of City provided by law or equity or by the Contract Documents upon such termination; and City may proceed against Contractor to recover all losses suffered by City.
11.2.3 Monies. In the event of a termination or suspension of all or a portion of the Work due to a default by Contractor, City shall have the right, without releasing Contractor or its sureties from liability for failure to fulfill this Agreement, to withhold all or a portion of the monies owing or retained until final completion of the Work. Any cost over and above the Contract Price arising from the suspension of operations of this Agreement and the completion of the Work shall be paid by Contractor's Construction Services Agreement – All American Asphalt
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sureties. Contractor will be paid any surplus monies remaining after all contract disputes have been resolved and finally determined.
11.2.4 Delays by Sureties. Without limitation to any of City’s other rights or remedies under the law or in equity, City has the right to suspend the performance by Contractor's sureties in the event of any of the following: (i) failure of the sureties to begin work within a reasonable time in such manner as to ensure full compliance with the Contract Documents within the Contract Time; (ii) abandonment of the Work; (iii) if at any time City is of the opinion the Work is unnecessarily or unreasonably delayed; (iv) willful violation of any terms of this Agreement; (v) failure to perform according to this Agreement or the other Contract Documents; or (vi) failure to follow instructions of City for performance of the Work within the Contract Time. City will serve notice of such failure upon the sureties and in the event the sureties neglect or refuse to cure the breach within the time specified in such notice, City shall have the power to suspend the operation or any part thereof of Contractor’s sureties.
11.2.5 Contractor Obligations. Upon receipt of a notice of termination for default, Contractor shall, unless the notice states otherwise, perform each of the obligations set forth in Paragraph
11.4.1, below.
11.2.6 Damages to City.
.a Reservation of Remedies. City will be entitled to all damages available under the law, and all rights in equity, in the event of Contractor's breach of this Agreement or the other Contract Documents.
.b Deductions. If City suffers a loss due to Contractor's nonperformance, then such loss shall be deducted from the amounts withheld. Should the amount withheld exceed the amount deducted, the balance will be paid to Contractor or its designee upon completion of the Project. If the loss incurred by City exceeds the amount withheld, Contractor shall be liable to City for the difference and shall promptly remit same to City.
.c No Release. If, however, City elects to terminate this Agreement for cause, all monies due Contractor or retained under the terms of the Contract Documents shall be forfeited to City. Such forfeiture shall not release Contractor or its sureties from liability for failure to fulfill this Agreement. Contractor and its sureties will be credited with the amount of monies forfeited toward any greater sum they may be liable for in connection with Contractor's default.
11.3 Suspension by City for Convenience.City may, at any time and from time to time, without cause, order Contractor, in writing, to suspend, delay, or interrupt the Work in whole or in part for such period of time, up to an aggregate of fifty percent (50%) of the Contract Time, as City may determine, with such period of suspension to be computed from the date of the written order. Without limitation to the foregoing, Contractor acknowledges that issuance of a suspension order by City due to circumstances relating to City’s compliance with the California Environmental Quality Act is foreseeable and that such suspension order, regardless of its duration, shall not be considered a breach by City of this Agreement. Upon receipt of a suspension order, Contractor shall, at City’s expense, comply with its terms and take all reasonable steps to minimize costs allocable to the Work covered by the suspension order during the period of work stoppage. Within the period of the above noted aggregate time, or such extension to that period as is agreed upon by Contractor and City, City shall either cancel the suspension order or it shall have the right, without incurring a liability to Contractor for lost profits or consequential damages, to delete the Work covered by such suspension order by issuing a Change Order.
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resume and continue with the Work. A Change Order will be issued adjusting the Contract Price and/or the Contract Time for additional costs of work and delay necessarily caused by such suspension.
11.3.2 Suspension Order Required. The provisions of this Section 11.3 shall not apply if a suspension order is not issued by City. A suspension order shall not be required to stop the Work as permitted or required under any other provision of the Contract Documents.
11.4 Termination Without Cause.City shall have the option, at its sole discretion and without cause, to terminate this Agreement in part or in whole by giving thirty (30) days' written notice to Contractor as provided herein. Contractor agrees to accept such sums as allowed under this Section 11.4 as its sole and exclusive compensation and waives any claim for other compensation or Losses, including, but not limited to, Loss of anticipated profits, Loss of revenue, lost opportunity, or other consequential, direct, indirect, incidental Losses or damages, of any kind.
11.4.1 Contractor Obligations. Upon receipt of notice of termination without cause, Contractor shall, unless the notice directs otherwise, do the following:
.aImmediately discontinue performance to the extent specified in the notice;
.bPlace no further orders or subcontracts for materials, equipment, services or facilities, except as may be necessary for completion of such portion of its obligations as is not discontinued;
.cProvide to City a description, in writing no later than two (2) business days after receipt of the notice of termination, complete copies of all subcontracts, purchase orders and contracts that are outstanding, including any change orders, amendments and modifications thereto, status of payments and balance owing, the status of performance and claims by Trade Contractors, together with such other information as City may determine necessary in order to decide whether to accept assignment of, or request Contractor to terminate the subcontract, purchase order or contract; .dPromptly assign to City those subcontracts, purchase orders or contracts, or portions thereof, that City elects to accept by assignment and cancel, on the most favorable terms reasonably possible, all subcontracts, purchase orders or contracts, or portions thereof, that City does not elect to accept by assignment; and
.eThereafter continue only such performance as may be necessary to preserve and protect work already completed or in progress and to protect materials and equipment on the Site or in transit thereto.
11.4.2 Final Billing. Following termination without cause and within thirty (30) days after receipt of a complete and timely billing from Contractor seeking payment of sums authorized by this Paragraph 11.4.2, City shall pay to Contractor as its sole and exclusive compensation for performance under this Agreement the following:
.aThe Contract Price earned and payable as of the date of termination, less sums previously paid to Contractor;
.bPlus, reasonable costs of work of Contractor and Trade Contractors for (i) demobilizing, and (ii) administering the close out of its participation in the Project (including, without limitation, all billing and accounting functions) for a period of no longer than thirty (30) days after receipt of the notice of termination;
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11.4.3 Trade Contractors. Contractor shall include provisions in all of its subcontracts, purchase orders and other contracts with its Trade Contractors permitting termination for convenience by Contractor on terms that are consistent with this Agreement and that afford no greater rights of recovery against Contractor for termination than are afforded to Contractor.
11.5 Contractor's Rights and Remedies.
11.5.1 Contractor's Remedies. Contractor may terminate this Agreement for cause only upon the occurrence of one of the following:
.aThe work is stopped for one hundred sixty (160) consecutive days, through no act or fault of Contractor, any Trade Contractor, of any tier, or any employee or agent of any of them, due to issuance of an order of a court or other governmental authority other than City having jurisdiction or due to an act of government, such as a declaration of a national emergency making material unavailable.
.bCity fails to make payment of sums that are not in good faith disputed by City and fails to cure such default within (i) ninety (90) days after receipt of notice from Contractor notifying City of the default; and (ii) an additional thirty (30) days notice to City notifying it of its intention to terminate this Agreement.
11.5.2 Continuous Performance. Provided that Contractor is paid undisputed sums due under this Agreement, Contractor shall not stop, delay or interrupt continuous performance of the Work by reason of any dispute or disagreement with City, including, without limitation, any disputes or disagreements over payments of funds that are disputed in good faith by City.
12.0 MISCELLANEOUS PROVISIONS
12.1 Warranties.Contractor warrants and guarantees all Work under this Contract (which for purposes of this section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the Work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one (1) year (or period of time specified elsewhere in this Contract or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the Work, whichever is later) following completion and the date of final acceptance of the Project, Contractor shall, within ten (10) days after being notified in writing by the City of any defect in the Work or non-conformance of the Work, commence and prosecute with due diligence all Work necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the Work (or work of other contractors) damaged by its defective Work or which becomes damaged in the course of repairing or replacing defective Work. For any Work so corrected, Contractor’s obligation hereunder to correct defective Work shall be reinstated for an additional one (1) year, commencing with the date of acceptance of such corrected Work. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the Work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. This obligation shall survive completion or termination of the Contract.
12.2 Non-Liability of City Officers and Employees.No officer or employee of the City shall be personally liable to the Contractor, or any successor in interest, in the event of any default or Construction Services Agreement – All American Asphalt
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breach by the City or for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the terms of this Contract.
12.3 Governing Law.This Agreement shall be governed by the laws of the State of California. In the event of litigation between the parties, venue in state trial courts shall lie exclusively in the County of Los Angeles. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in Los Angeles.
12.4 Waiver of Jury Trial.Contractor voluntarily waives its right to a jury trial of any cause of action, claim, counter-claim or cross-complaint in any action, proceeding or hearing on any matter whatsoever arising out of, or in any way connected with, this Agreement, the relationship between City and Contractor, Contractor’s performance on the Project, or the enforcement of any remedy under any law, statute or regulation now or hereafter in effect. Contractor shall include this provision for waiver of jury trial right in its contracts with its Trade Contractors who provide work to the Project, waiving the right of a jury trial in any action involving City as a party, whether by joinder, consolidation, counter-claim, cross-complaint or otherwise.
12.5 Severability.Should any part of this Agreement be declared by a final decision by a court or tribunal of competent jurisdiction to be unconstitutional, invalid, or beyond the authority of either party to enter into or carry out, such decision shall not affect the validity of the remainder of this Agreement, which shall continue in full force and effect, provided that the remainder of this Agreement, absent the unexcised portion, can be reasonably interpreted to give effect to the intentions of the parties.
12.6 Successors and Assigns.This Agreement shall be binding on successors, assigns and legal representatives of and persons in privity of contract with City or Contractor. Contractor shall not assign, sublet or transfer an interest in this Agreement without advance written approval of City.
Assignment, subletting or transfer will not release Contractor from any of its obligations to City.
12.7 Interpretation.Contractor and City acknowledge that the terms of this Agreement has been mutually negotiated and that such documents shall not be interpreted against either City or Contractor on the basis that either party was responsible for or in control of the drafting of such documents.
12.8 Survival.All provisions of this Agreement which by their nature continue beyond the termination or completion of performance under this Agreement, including, without limitation, those obligations pertaining indemnification, insurance and confidentiality, shall survive and continue in force after either termination or completion of performance by Contractor.
12.9 Conflict of Interest.The Contractor represents, warrants and agrees that to the best of its knowledge, it does not presently have, nor will it acquire during the term of this Contract, any interest direct or indirect, by Contract, employment or otherwise, or as a partner, joint venturer or shareholder (other than as a shareholder holding a one percent (1%) or less interest in publicly traded companies) or affiliate with any business or business entity that has entered into any Contract, subcontract or arrangement with the City. Upon execution of this Contract and during its term, as appropriate, the Contractor shall disclose in writing to the City, any other Contract or employment during the term of this Contract by any other persons, business or corporation in which employment will or may likely develop a conflict of interest between the City interest and the interests of the third parties.
12.10 Copyrights.No report, maps, or other documents produced in whole or in part under this Contract shall be the subject of an application for copyright by or on behalf of the Contractor. All documents become the property of the City who holds all the rights to said data.
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12.11 Confidentiality of Reports.The Contractor shall keep confidential all reports, information and data received, prepared or assembled pursuant to performance hereunder. Such information shall not be made available to any person, firm, corporation or entity without the prior written consent of the City.
12.12 Employees of Contractor.The City does not and will not condone any act, gestures, comments or conduct from the Contractor’s employees, agents or subcontractors which may be construed as sexual harassment or any other type of activity or behavior that might be construed as harassment. The Contractor will properly investigate all charges of harassment by residents, employees, agents or subcontractors and is responsible for taking appropriate action after reports of harassment are received by the Contractor.
12.13 Patent Rights.The City will hold all the patent rights with respect to any discovery or invention which arises or is developed in the course of, or under this Contractor.
12.14 Waivers.A waiver by either party to this Agreement of any breach of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character.
12.15 Federal and State Withholding Taxes.Contractor shall be responsible for paying when due all federal and state income withholding taxes for all earning under this Agreement.
Contractor agrees to indemnify City for any claims, costs, losses, fees, penalties, interest, or damages suffered by City resulting from Contractor’s failure to comply with this provision.
12.16 Entire Agreement.The Contract Documents represent the entire and integrated agreement between City and Contractor and supersedes all prior negotiations, representations or agreements, either written or oral. The Contract Documents may be amended or modified only by Change Order. Nothing contained in the Contract Documents shall be for the benefit of, create any contractual relationship with, or give rise to a cause of action in favor of any third party.
12.17 Execution Authority.The person(s) executing this Agreement on behalf of the Parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other agreement to which said party is bound.
13.0 NOTICES
13.1 Delivery. All notices, demands or requests to be given under this Agreement shall be given in writing and conclusively shall be deemed received when: (a) delivered personally, or (b) on the fifth (5 th) day after the deposit thereof in the United States mail, postage prepaid, and addressed as hereinafter provided, or (c) one (1) business day after send by facsimile transmission.
13.2 Addresses.All notices, demands, requests or approvals from Contractor to City shall be addressed to the City at:
City of Compton
205 South Willowbrook Avenue
Compton, California 90220
Attn: Director, Public Works Department
(310) 605-5505
(310) 605-6326 – Fax
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with copies to:
City of Compton
205 South Willowbrook Avenue
Compton, California 90220
Attn: City Manager
All notices, demands or requests from City to Contractor shall be addressed to:
All American Asphalt
400 East Sixth Street
Corona, California 92879
Attn: Mark Luer, President
(951) 736-7600
(951) 736-7646 - Fax
13.3 Change in Address.In the event of any change of address, the moving party is obligated to notify the other party of the change of address in writing. Each party may amend, supplement and update the notice list to add, delete or replace any listed individuals; however, the amendment must be in writing.
IN WITNESS WHEREOF, Contractor has executed this Agreement and the City, by its City Manager, who is authorized to do so, has executed this Agreement.
ALL AMERICAN ASPHALT
CONTRACTOR
Dated: ________________ By ____________________________________ Mark Luer, President
CITY OF COMPTON
Approved by:
Dated: ________________ By ____________________________________ Thomas Thomas, City Manager
Approved as to form:
By ______________________________________ Dated: ____________________ Eric J. Perrodin, City Attorney
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ATTEST:
Dated: _________________ By ____________________________________ Alita Godwin, City Clerk
June 28, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: CITY ATTORNEY
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON RESCINDING RESOLUTION NO. 25,672, RATIFYING THE
AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT
WITH DUDEK TO PERFORM CONTINUED CORRECTIVE ACTION
SERVICES AT FIRE STATION 1 (THE “SITE”) IN ACCORDANCE WITH
DIRECTIVES OF THE LOS ANGELES REGIONAL WATER QUALITY
CONTROL BOARD REGARDING REMEDIATION AT COMPTON FIRE
STATION NO. 1 ($100,000.00)
SUMMARY
This Resolution authorizes the City Manager to amend the professional services agreement with and issue a purchase order in the amount of One Hundred Thousand Dollars ($100,000.00) to Dudek for performance of corrective action remediation services at Fire Station No. 1.
BACKGROUND
The City’s Fire Station No. 1, located at 201 South Acacia Avenue was found to have groundwater contaminated with petroleum products that apparently leaked from underground gasoline storage tanks that were used to refill fire trucks. Remediation has been taking place at Fire Station No. 1 since 1998, but more aggressive action was ordered by the Regional Water Board in 2010.
Staff solicited proposals from environmental engineering firms and Dudek was awarded a contract pursuant to Resolution No. 23,241, adopted by the City Council on November 9, 2010, to review existing data, evaluate the effectiveness of the existing remediation system and prepare a Remedial Action Plan (“RAP”) for submission and approval of the Regional Board.
Pursuant to Los Angeles Regional Water Quality Board’s Directives of March 24, 2016, December 2, 2016, June 18, 2019 and December 27, 2021 and State Water Control Board’s review of September 19, 2017 and April 15, 2021, City Council has passed Resolution Nos. 23,880; 24,545; 24,998; 25,163 and 25,376 to continue and escalate remediation at Fire Station 1.
STATEMENT OF THE ISSUE
On June 7, 2022, City Council adopted Resolution No. 25,672, which authorized the City Manager to amend the Professional Services Agreement with and issue a purchase order to Dudek to perform continued corrective remediation services at Fire Station 1.
However, due to a typographical error in the account number subsequent to the City
5.5. Staff Report – Resolution Authorizing Contract Amendment (6th) Dudek – Groundwater Remediation at Fire Station No. 1
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Council’s original authorization, Resolution No. 25,672 needs to be rescinded and a new Resolution is necessary with the revised account number.
Therefore, in order to rescind Resolution No. 25,672, ratify the Professional Services Agreement with Dudek and re-issue a purchase order for Dudek in the amount of $100,000, City Council’s authorization is necessary.
FINANCIAL IMPACT
Dudek has estimated the cost of materials and time for the events as directed by the Regional Board to be:
$8,000.00 - Materials and time for database management and upload of Regional Water Board’s historical data
$12,000.00 – Materials and time to prepare an Interim Remedial Action Plan for soil vapor extraction and oxidant injection
$80,000.00 – Materials and time for the annual and semi-annual groundwater sampling events, periodic free product removal
Funds for this expenditure in the amount of $100,000.00 are requested for the Risk Management Account Fund No. 6400-420-0000-4269 for Fiscal Year 2021-2022.
The City has been awarded a category “A-1” status from the Underground Storage Tank Cleanup Fund (USTCF). The City has been approved for approximately $400,000 in reimbursement for clean up expenditures.
ALTERNATIVE
No alternative is proposed at this time. Should Council decide not to authorize the contract amendment, the Regional Board may impose fines and the City may be exposed to protracted litigation regarding the groundwater contamination.
RECOMMENDATION
Staff recommends the adoption of the attached Resolution.
ERIC J. PERRODIN
CITY ATTORNEY
APPROVED FOR FORWARDING:
THOMAS THOMAS
CITY MANAGER
Commented [DR1]: Verify acct #
Commented [DR2]: Update neeed
RESOLUTION NO.___________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON RESCINDING RESOLUTION NO. 25,672, RATIFYING THE
AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT
WITH DUDEK TO PERFORM CONTINUED CORRECTIVE ACTION
SERVICES AT FIRE STATION 1 (THE “SITE”) IN ACCORDANCE WITH
DIRECTIVES OF THE LOS ANGELES REGIONAL WATER QUALITY
CONTROL BOARD REGARDING REMEDIATION AT COMPTON FIRE
STATION NO.1 ($100,000.00)
WHEREAS,the City’s Fire Station No. 1, located at 201 South Acacia Avenue was found to have groundwater contaminated with petroleum products that apparently leaked from underground gasoline storage tanks that were used to refill fire trucks; and WHEREAS, currently, there is a need to continue clean up efforts at the “Site” to continue to comply with the March 24, 2016, December 2, 2016, June 18, 2019 and December 27, 2021 directives from the Regional Board and the September 19, 2017 and April 15, 2021 review from the State Water Resources Control Board and Council Resolution Nos. 23,880; 24,545; 24,998; 25,163 and 25,376 as the “Site” does not yet meet groundwater media-specific criteria; and
WHEREAS,there is a need to amend the Agreement with the Consultant to revise the scope of services and provide continued services required by the March 24, 2016, December 2, 2016, June 18, 2019 and December 27, 2021 directives issued by the Regional Board and the September 19, 2017 and April 15, 2021 review from the State Water Resources Control Board and provide for additional compensation for such services to be rendered; and
WHEREAS, there is a need to adopt amendment number six (6). Section 26 of the original agreement provides that the Agreement may be amended by a written document executed by both parties.
WHEREAS,funding for this expenditure will be available in the Fiscal Year 2021-2022 budget.
WHEREAS, on June 7, 2022, City Council adopted Resolution No. 25,672, which authorized the City Manager to amend the Professional Services Agreement with and issue a purchase order to Dudek to perform continued corrective remediation services at Fire Station 1; and
WHEREAS, however, due to a typographical error in the account number subsequent to the City Council’s original authorization, Resolution No. 25,672 needs to be rescinded and a new resolution is necessary with the revised account number; and WHEREAS, the contract between the City of Compton and Dudek will remain in effect; and
WHEREAS, in order to rescind Resolution No. 25,672, ratify the Professional Services Agreement with Dudek and re-issue a purchase order for Dudek in the amount of $100,000, City Council’s authorization is necessary.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COMPTON DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. That Resolution No. 25,672, adopted by the City Council on June 7, 2022, is hereby rescinded.
RESOLUTION NO. __________________
PAGE 2
Section 2.That the City Manager, on the advice and approval of the City Attorney is hereby authorized to enter into a Sixth (6th) amendment to the Professional Services Agreement with Dudek to perform continued remedial work at the “Site”, specified within the March 24, 2016, December 2, 2016, June 18, 2019 and December 27, 2021 directives of the Los Angeles Regional Water Quality Control Board and the September 19, 2017 and April 15, 2021 review from the State Water Resources Control Board regarding the continuing remediation efforts at the Compton Fire Station No. 1 location.
Section 3.That funding in the amount of $100,000.00 for this expenditure will become available in the Risk Management Account Fund No. 6400 420 0000 4269 for Fiscal Year 2021-2022 budget.
Section 4.That a purchase order in the amount of $100,000 is authorized to be re-issued for Dudek.
Section 5.That copies of this Resolution shall be filed in the offices of the City Manager, City Controller, City Clerk and City Attorney.
Section 6.That the Mayor shall sign and the City Clerk shall attest to the adoption of this Resolution.
ADOPTED this __________ day of ____________, 2022.
________________________________
MAYOR OF THE CITY OF COMPTON
ATTEST:
____________________________________
CITY CLERK OF THE CITY OF COMPTON
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF COMPTON )
I, Alita Godwin, City Clerk of the City of Compton, hereby certify that the foregoing Resolution was adopted by the City Council of the City of Compton, signed by the Mayor and attested to by the City Clerk at a regular meeting thereof held on the _______ day of ________________, 2022.
That said Resolution was adopted by the following vote, to wit:
AYES: COUNCIL MEMBERS-
NOES: COUNCIL MEMBERS-
ABSTAIN: COUNCIL MEMBERS-
ABSENT: COUNCIL MEMBERS-
____________________________________
CITY CLERK OF THE CITY OF COMPTON
Commented [DR1]: Desmond or Merle please verify
account #
June 28, 2022
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: CITY MANAGER
SUBJECT: A REQUEST TO SCHEDULE A PUBLIC HEARING: A REQUEST TO APPROVE PROPOSED TENTATIVE TRACT MAP 83696 TO CREATE
FIVE REDUCED SIZED LOW DENSITY RESIDENTIAL LOTS FOR FIVE
AFFORDABLE HOMES
On June 8, 2002, the Planning Commission held a public hearing on a request of The WIN project to subdivide two Successor Agency lots into five reduced sized Low Density Residential lots to develop five affordable single-family detached homes.
The Planning Commission voted too not recommend approval to the City Council of the proposed tentative tract map.
Staff recommends that City Council schedule a public hearing on this matter for Tuesday, July 19, 2022 at 5:35 p.m.
ROBERT DELGADILLO, SENIOR PLANNER
COMMUNITY DEVELOPMENT DEPARTMENT
APPROVED FOR FORWARDING:
THOMAS THOMAS
CITY MANAGER
6. June 28, 2022
TO: MAYOR AND COUNCIL MEMBERS
FROM: CITY MANAGER
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON ADOPTING THE BUDGET FOR FISCAL YEAR 2022-2023
SUMMARY
The Fiscal Year 2022/2023 Proposed Budget for the City of Compton is hereby transmitted to the City Council for review and adoption. The estimated revenues have been supplied by the City Controller. Available Special Funds Fund Balances from prior year surplus have also been provided by the City Controller and utilized to balance the Budget. The projected expenditures recommended by the City Manager are in balance with the Controller’s estimated revenue. The City Manager and City Controller, along with all the Budget Team members, have worked diligently to balance this proposed Budget.
The extraordinary sacrifices of these City employees cannot be overstated. Our special appreciation is extended to each member of our Budget Team. Jimmie Smith, Budget Officer, merits specific commendation for working late nights and long weekends to achieve this balanced Budget. This balanced Budget is recommended to the Mayor & City Council for approval.
BACKGROUND
The Compton City Charter, Section 1407, requires that City Manager present an Annual Budget for adoption by City Council on or before June 30, 2022. A Public Hearing (June 25, 2022) is scheduled to discuss the proposed Fiscal Year 2022-2023 Budget. Three City Council Budget Workshop discussions were scheduled on the City Council Agenda and held on April 5, 2022, May 17, 2022, and May 24, 2022.
STATEMENT OF THE ISSUE:
The City organizes the Annual Budget by Fund and by Department. The Citywide Fiscal Year 2022-2023 /Proposed Budget, which includes combined (all) Funds and Departments, totals $215,260,174. Expenditures are offset by City-wide revenues and Special Funds Fund Balances totaling $215,260,174. The City-wide Budget includes the General Fund. The General Fund, which includes the Measure “P” 1% Sales Tax, is the fund which provides for most of the typical public services which Compton citizens rely on, such as Law Enforcement, Fire Protection, Recreation, Street Repair, and General City Administration. The General Fund Budget equals: $59,501,174. Measure P General Fund Resources equal: $14,286,625. All General Fund Resources (inclusive of Measure P) equal $73,787,799.
7.7. Staff Report – Resolution Adopting FY 2022-23 Budget June 28, 2022
RESTORE GENERAL SERVICES AND HUMAN RESOURCES DEPARTMENTS The Budget includes the proposal to separate from Public Works Street Maintenance and restore General Services Department as a stand-alone department. The Budget also includes a proposal to separate the Human Resources Department from the Internal Services Department. The remaining Internal Services Divisions, Information Technology, Reprographics, and the Public Access Channel will be transferred to the City Manager’s Department. This organizational change is responsive to the State Controller’s recommendation to address the lack of leadership at the management level.
EXPAND COMMUNITY IMPROVEMENT DEPARTMENT
This proposed Budget includes a plan to extend the operational days and hours for the Parking Division to address the public parking hazard the City of Compton faces.
Inoperable, abandoned, long-term, and oversized vehicles park illegally on City streets.
Additional staff included in this Budget will allow the Parking Division to address these concern after regular weekday business hours and on weekends.
Quarterly Budget Review, Reporting & Compliance
Ongoing monitoring of revenue and expenditures will result in Quarterly Budget review and appropriate adjustments. The City Manager and City Controller intend to conduct a “Mid-year” Budget Review and Workshops with the City Council, updating revenue estimates and expenditures.
FINANCIAL IMPACT
PROPOSED BUDGET
FY 2022-2023
CITYWIDE BUDGET
TOTAL EXPENSES $215,260,174
REVENUES & Prior Year Fund Balance/Retained
Earnings
$215,260,174
TOTAL COMBINED FUNDS BUDGET $215,260,174
TOTAL GENERAL FUND BUDGET
EXPENSES $ 73,787,799
REVENUES $ 73,787,799
TOTAL GENERAL FUND $ 73,787,799
Staff Report – Resolution Adopting FY 2022-23 Budget
June 28, 2022
RECOMMENDATION
Staff recommends that the Council accept the proposed 2022/2023 City of Compton Budget for public comments, revisions, and adoption.
THOMAS THOMAS
CITY MANAGER
RESOLUTION NO. __________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON ADOPTING THE BUDGET FOR FISCAL YEAR 2022-2023
WHEREAS, the Compton City Charter Section 1407 requires that an annual Budget be presented and adopted by City Council on or before June 30th; and WHEREAS, The Compton City Charter, Section 1407, requires that City Manager present an Annual Budget for adoption by City Council on or before June 30, 2022. A Public Hearing (June 21, 2022) is scheduled to discuss the proposed Fiscal Year 2022- 2023 Budget. Three City Council Budget Workshop discussions were scheduled on the City Council Agenda and held on April 5, 2022, May 17, 2022, and May 24, 2022; and WHEREAS, the City Council has fixed the time and place for holding a public Hearings on the proposed 2022-2023 Fiscal Year Budget, has caused notice of said Hearings to be published, and the proposed 2022-2023 Fiscal Year Budget has been available for inspection at the City Clerk’s Office consistent with Compton City Charter, Section 1405; and
WHEREAS, following notice duly given, the City Council held a Public Hearing on June 21, 2022 regarding the adoption of the Budget for Fiscal Year 2022-2023 and considered all information, documents and comments presented.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COMPTON DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. That the proposed Fiscal Year 2022-2023 Annual Budget of the City of Compton, as set forth in the proposed Annual Budget document, including amendments, approved by the City Council as reflected in this meeting’s minutes, is hereby adopted pursuant to Section 1407 of the Compton City Charter and made effective July 1, 2022.
SECTION 2. That a certified copy of this Resolution, along with this meeting’s approved minutes evidencing City Council adopted amendments, if any, shall be attached to the Fiscal Year 2022-2023 Annual Budget and the same shall be filed with the City Manager, City Controller and City Treasurer and that a copy of said Resolution and Annual Budget shall be placed and shall remain on file in the office of the City Clerk. -185-
SECTION 3. That the Mayor shall sign and the City Clerk shall attest to the adoption of this Resolution.
ADOPTED this __________ day of ___________, 2022.
_______________________________
MAYOR OF THE CITY OF COMPTON
ATTEST:
___________________________________
CITY CLERK OF THE CITY OF COMPTON
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF COMPTON: ss
Resolution No. ______________
I, Alita Godwin, City Clerk of the City of Compton, hereby certify that the foregoing Resolution was adopted by the City Council, signed by the Mayor, and attested by the City Clerk at a regular meeting thereof held on the ______ day of _____________, 2022.
That said Resolution was adopted by the following vote:
AYES: COUNCIL MEMBERS-
NOES: COUNCIL MEMBERS-
ABSENT: COUNCIL MEMBERS-
ABSTAINS: COUNCIL MEMBERS-
____________________________________
CITY CLERK OF THE CITY OF COMPTON
-186-
June 28, 2022
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: CITY ATTORNEY
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COMPTON AUTHORIZING THE CITY MANAGER TO EXECUTE
AN INSURANCE BINDER WITH ALLIANT INSURANCE
SERVICES FOR RENEWAL OF THE CITY’S INSURANCE POLICY
PORTFOLIO FOR FISCAL YEAR 2022-2023 AND FINANCE
AGREEMENTS FOR FISCAL YEAR 2022-2023
SUMMARY
The City Council will consider adopting a resolution authorizing the City Manager to execute an insurance binder with the City’s insurance broker, Alliant Insurance Services (“Alliant”), for renewal of the following policies of insurance for Fiscal Year 2022-2023: Dial-A-Ride Auto, Excess General Liability, Excess Workers’ Compensation, Crime, Directors and Officers/Employment Liability, Auto Physical Damage, Property, Pollution Liability, Excess Cyber Security, Difference In Conditions, Deadly Weapon Response and Sports General Liability.
Staff is recommending that the Council authorize the issuance of a purchase order to Alliant and/or First Insurance Funding Corporation (“First Insurance”) for the cost of the insurance premiums and finance charge. The insurance premiums for the coverage listed above is $3,032,201.19. This is an increase of $478,117.88 from the premium for FY 2021-2022. The financing of the costs of the premium for all lines of insurance indicated above is $19,418.27. As in the past, the financing agreement will require a down payment and then three additional payments. A separate agreement will be obtained for the financing of the excess liability coverage through PRISM.
BACKGROUND
The City of Compton is currently insured for the policies listed above through June 30, 2022. The Crime policy insures the City against crimes of theft or fraud that could be perpetrated by employees, while Directors and Officers/Employment Liability insurance protects management and elected officials against judgments and in the defense of lawsuits that may be filed against the City for claims such as discrimination.
8.8. Staff Report – Resolution Authorizing Renewal of
Insurance Coverage of Various Policies for FY 2022-2023 June 28, 2022, page 2
The City maintains Excess General Liability insurance to offset payment of any liability claim filed against the City in excess of the City’s self-insured retention level of $1,000,000.00. Property insurance is necessary to insure coverage to the City’s property against damages that may occur such as fire or business interruption, and Difference in Conditions insurance covers damage to the City’s property in the event of earthquake or flood. Excess Workers’ Compensation Insurance covers the City in the event a workers’ compensation claim exceeds the City’s self-insured retention level of $1,000,000.00, while Athletics Liability covers parks and recreation athletic events. However, over-night camping events, pyrotechnics (fireworks), and events that include animal rides and skateboarding events are excluded from the Athletics Liability policy due to the inherent risks. Additionally, entertainment events which include celebrities are also excluded and separate insurance quotes must be obtained for each event and paid for outside of the premiums identified herein.
The City’s Dial-A-Ride vehicles are insured through the Auto Physical Damage policy, although coverage for the Dial-A-Ride vehicles is limited to within 100 miles from the City Hall parking lot. Commercial Auto Physical Damage insurance covers losses to all scheduled vehicles in the City’s fleet.
The Deadly Weapon Response Program insures against incidents involving active shooters (such that we saw with San Bernardino County employees in 2015). The Excess Cyber option shores up our current cybersecurity coverage to guard against the increased expenses associated with damage to City infrastructure.
The pollution liability coverage is added onto the City’s existing property insurance coverage and protects the City against liability for sewage leaks and the release into the environment of dangerous materials.
STATEMENT OF ISSUE
It is routine for municipalities to maintain the types of insurance coverage described above to protect all municipal interests. The City’s insurance policies will expire on June 30, 2022; thus, it is vital to renew these policies in order to continue the protections afforded thereby. Consolidating policies in this way tends to guarantee that major coverage, such as excess general liability, property, earthquake, flood and excess workers’ compensation, are managed without the worry or hazards of lapses in coverage periods.
The insurance industry constantly reviews individual as well as national client loss statistics and compares them against and with other factors to determine rates.
Negative factors affecting the City’s insurance portfolio over the last few years include, but are not limited to the increase in employment liability claims, training issues, staff accountability issues and personnel turnover. Positive factors affecting the City’s insurance portfolio include increased efficient claims reporting, effective risk analysis and coverage choices, positive claims experience in our Staff Report – Resolution Authorizing Renewal of
Insurance Coverage of Various Policies for FY 2022-2023 June 28, 2022, page 3
policies such as Dial-A-Ride Auto, Difference in Conditions, and Excess Workers’ Compensation.
This year, rates have increased overall by approximately 19.2%, which can be attributed to an increase in the premiums for general liability and property liability according to our insurance broker. The City maintains a $1,000,000 self-insured retention (SIR) whereas many municipalities have increased their SIR to $5,000,000. In addition, there has been an increase in the premium for cyber security coverage.
Business practices, including staff accountability issues, are the types of conditions that tend to increase claims loss experience and drive premium costs upward.
Increased accountability including oversight and training assists in lowering claims which could equate to lower premiums.
FINANCIAL IMPACT
The total insurance premium for the policies of insurance specified above for Fiscal Year 2022-2023 (i.e. July 1, 2022 through June 30, 2023), is $3,056,619.46 plus $13,243.27 funding finance charges to First Insurance Funding and an addition $6,175.00 to another insurance financing company. In addition, Staff recommends an additional $5,000.00 to cover the cost of insuring City Council events.
Funds for the renewal of these insurance policies will be available in the 2022- 2023 Fiscal Year budget of the City Attorney’s Office as follows:
Account No. Description
6400 420 000 4268 Insurance Liability
6300 420 000 4268 Workers’ Compensation
2000 420 000 4268 Prop A
RECOMMENDATION
It is recommended that the City Council adopt the attached Resolution.
ERIC J. PERRODIN
CITY ATTORNEY
APPROVED FOR FORWARDING:
THOMAS THOMAS
CITY MANAGER
RESOLUTION NO. _______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON
AUTHORIZING THE CITY MANAGER TO EXECUTE AN INSURANCE
BINDER WITH ALLIANT INSURANCE SERVICES FOR RENEWAL OF
THE CITY’S INSURANCE POLICY PORTFOLIO FOR FISCAL YEAR
2022-2023 AND FINANCE AGREEMENTS FOR FISCAL YEAR 2022-
2023
WHEREAS, the City of Compton (“City”) maintains an insurance portfolio to protect the interests and assets of the City; and
WHEREAS, the City’s insurance policy portfolio consists of coverage for Dial-A-Ride Auto, Excess General Liability, Excess Workers’ Compensation, Crime, Directors and Officers/Employment Liability, Auto Physical Damage, Property, Pollution Liability, Excess Cyber Security, Difference in Conditions, Deadly Weapon Response and Sports General Liability; and WHEREAS, the City’s policies identified above expire June 30, 2022; and WHEREAS, it is vital that these policies are bound prior to July 1, 2022 to avoid interruptions in coverage for Fiscal Year 2022-2023; and WHEREAS, in order to bind the insurance policies, the City Manager will need the City Council’s authorization to execute an insurance binder with the City’s insurance broker, Alliant Insurance Services (“Alliant”), for renewal of the following policies of insurance for Fiscal Year 2022-2023; and
WHEREAS, the City will arrange a payment plans with insurance financing companies, among them First Insurance Funding, for renewal of the policies for Fiscal Year 2022-2023, which will include a finance charges of $13,243.27 to First Insurance Funding and $6,175.00 to another insurance financing company; and WHEREAS, certain special events held by City Council members are not covered under the insurance identified above and quotes must be obtained for each event on an event by event basis; and
WHEREAS, Staff recommends an additional amount of $5,000 be include for insurance premiums to cover the cost of City Council special events; and WHEREAS, funding for these expenditures will be available in the 2022- 2023 Fiscal Year budget of the City Attorney’s Office.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COMPTON DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. That the City Manager, on the advice and approval of the City Attorney, is hereby authorized to execute an insurance binder with Alliant Insurance Services for the renewal and purchase of the following insurance policies: Dial-A-Ride Auto, Excess General Liability, Excess Workers’ Compensation, Crime, Directors and Officers/Employment Liability, Auto Physical Damage, Property, Pollution Liability, Excess Cyber Security, Difference in Conditions, Deadly Weapon Response and Sports General Liability.
Section 2.That a total of purchase order(s) in the amount of $3,056,619.46 is authorized for the payment of the City’s insurance portfolio.
Section 3.That a total of purchase order(s) in the amount of $1,672,444.46 is authorized to be issued to Alliant Insurance Services and/or First Insurance Funding for the insurance premium plus finance charge.
Resolution No. ____________
Section 4.That a total of purchase order(s) in the amount of $1,329,175.00 is authorized to be paid to the insurance financing company that will finance the excess liability insurance through PRISM.
Section 5. That funds for these expenditures will be available in the 2022- 2023 Fiscal Year budget in the following account numbers:
Insurance policy renewals:
Account No. Description
6400 420 000 4268 Insurance Liability
6300 420 000 4268 Workers’ Compensation
2000 420 000 4268 Prop A
Section 6.That a certified copy of this Resolution will be filed in the offices of the City Manager, City Attorney, City Clerk and City Controller.
Section 7.That the Mayor shall sign and the City Clerk shall attest to the adoption of this Resolution.
ADOPTED this ________ day of ___________, 2022.
_______________________________
MAYOR OF THE CITY OF COMPTON
ATTEST:
____________________________________
CITY CLERK OF THE CITY OF COMPTON
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF COMPTON: ss
I, Alita Godwin, City Clerk of the City of Compton, hereby certify that the foregoing Resolution was adopted by the City Council, signed by the Mayor, and attested by the City Clerk at a regular meeting thereof held on the ______ day of _________, 2022.
That said Resolution was adopted by the following vote:
AYES: COUNCIL MEMBERS-
NOES: COUNCIL MEMBERS-
ABSENT: COUNCIL MEMBERS-
ABSTAINS: COUNCIL MEMBERS-
____________________________________
CITY CLERK OF THE CITY OF COMPTON
June 28, 2022
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: CITY MANAGER
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY COMPTON
AUTHORIZING THE CITY MANAGER TO HOST A LEADERSHIP
DEVELOPMENT AND STRATEGIC PLANNING SUMMIT FOR
MAYOR, CITY COUNCIL AND CITY MANAGEMENT AND ISSUE
PURCHASE ORDERS NEEDED IN SUPPORT OF THE SUMMIT
($60,000)
SUMMARY
Adoption of this resolution will approve the request to host a Leadership Development and Strategic Planning Summit (“Summit”), July 31, 2022, through August 4, 2022, for elected officials and executive management at a location to be determined.
BACKGROUND
Strategic planning is a process for determining and aligning an organization’s vision with its goals and objectives, which includes the development of a strategic plan.
There are numerous benefits that are gained by conducting leadership development and strategic planning programs, including increased effectiveness and efficiency, improved understanding, better decision making, enhanced organizational capabilities and improved communication skills.
Through research, discussion, and goal setting, the strategic planning process helps the organization’s leadership understand its current state of affairs and where it’s headed in the future.
The Leadership Development and Strategic Planning Summit will include a structured format that includes workshop sessions and programs for the Mayor, City Council and City Management to develop the City’s Strategic Plan.
STATEMENT OF THE ISSUE
At this time the City does not have a strategic plan that establishes the City’s core mission and vision statement that sets short-term and long-term goals of where leadership wants the City to be now and in the future.
The City of Compton’s Leadership Development and Strategic Planning Summit cost will include hotel accommodations for 10 individuals, conference room (with audio and visual usage), self-parking and meals. This will be covered under a separate purchase order at a cost not to exceed Eighteen Thousand Dollars ($18,000.00).
No action is required for this portion, as the amount for the hotel is below the City
9.9.9.9. Staff Report - Leadership Development and Strategic Planning Summit June 28, 2022
Manager’s Twenty-Five Thousand Dollar ($25,000) spending authority.
Staff contacted consultants experienced in strategic planning to determine the cost of conducting the Summit. Those initial prices exceeded the City Manager’s Twenty- Five Thousand Dollar ($25,000) spending authority, so City Council approval is required to issue the purchase order. In accordance with the City’s Purchasing Policy, staff solicited quotes from the following four vendors:
VENDOR COST
Lyle Sumek Associates, Inc. $35,000.00
Strategic Thinking Institute $100,000
Hue life, LLC No Response
North Highland Strategic Planning No Response
Lyle Sumek Associates, Inc. was identified as the lowest proposal, so a purchase order will be issued in a “not to exceed” Forty-Two Thousand Dollars ($42,000.00).
The additional funding will cover the reimbursable costs of travel, auto and miscellaneous expenses, in addition to the actual programming, needed to conduct the Summit.
FISCAL IMPACT
The overall fiscal impact of the Leadership Development and Strategic Planning Summit estimated cost is not to exceed Sixty Thousand Dollars ($60,000.00). The funds for the summit are allocated in the Fiscal Year 2021-2022 Budget in account number 1001-510-000-4270.
RECOMMENDATION
Staff recommends that the Compton City Council approve the request to host a Leadership Development and Strategic Planning Summit at a location to be determined from July 31, 2022, through August 4, 2022, and issue a purchase order to Lyle Sumek Associates, Inc. in an amount not to exceed Forty Two Thousand Dollars ($42,000.00).
THOMAS THOMAS
CITY MANAGER
RESOLUTION NO. _____________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY COMPTON
AUTHORIZING THE CITY MANAGER TO HOST A LEADERSHIP
DEVELOPMENT AND STRATEGIC PLANNING SUMMIT FOR MAYOR,
CITY COUNCIL AND CITY MANAGEMENT AND ISSUE PURCHASE
ORDERS NEEDED IN SUPPORT OF THE SUMMIT ($60,000)
WHEREAS, staff proposes that City Council approve the request to host a Leadership Development and Strategic Planning Summt, July 31, 2022 through August 4, 2022, for elected officials and executive management at a location to be determined; and
WHEREAS, strategic planning is a process for determining and aligning an organization’s vision with its goals and objectives, which includes the development of a strategic plan; and
WHEREAS, the Leadership Development and Strategic Planning Summit will include a structured format that includes workshop sessions and programs for the Mayor, City Council and City Management to develop a strategic plan; and WHEREAS, there are numerous benefits that are gained by conducting leadership development and strategic planning programs, including increased effectiveness and efficiency, improved understanding, better decision making, enhanced organizational capabilities and improved communication skills; and WHEREAS, these sessions will assist our elected officials and executive management in developing an efficient strategic plan that will enhance the community; and
WHEREAS, a strategic plan establishes the City’s core mission and vision statement, sets short-term and long-term goals of where our leaders want our City to be now and in the future; and
WHEREAS, the City of Compton’s Leadership Development and Strategic Planning Summit cost will include hotel accommodations for 10 individuals, conference room (with audio and visual usage), self-parking and meals that will be covered in a separate purchase order at a cost not to exceed Eighteen Thousand Dollars ($18,000.00); and
WHEREAS, the costs to utilize a consultant experienced in strategic planning exceeds the City Manager’s Twenty-Five Thousand Dollar ($25,000) spending authority, staff solicited proposals from the following vendors:
VENDOR COST
Lyle Sumek Associates, Inc. $ 35,000.00
Strategic Thinking Institute
HueLife, LLC
North Highland Strategic Planning
$100,000.00
No Response
No Response
WHEREAS, Lyle Sumek Associates, Inc. was identified as the lowest proposal, a purchase order is needed for Lyle Sumek Associates, Inc. to conduct the Leadership Development and Strategic Planning Summit at a cost not to exceed Forty Two Thousand Dollars ($42,000.00) that includes conducting the Leadership Development and Strategic Planning Summit and reimbursable costs for travel, auto and miscellaneous expenses; and
WHEREAS, funds for this expenditure have been identified in the City Manager’s Fiscal Year 2021-2022 budget in Account No. 1001-510-000-4270; and Resolution No. ________________
Leadership Development and Strategic Planning Summit
WHEREAS, the Leadership Development and Strategic Planning Summit will not exceed $60,000.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COMPTON DOES HEREBY RESOLVE:
Section 1.That the City of Compton approves this request to host a Leadership Development and Strategic Planning Summit for Mayor, City Council and City Management.
Section 2.That funds for this expenditure are available in the City Manager’s Fiscal Year 2021 – 2022 budget in Account No. 1001-510-000-4269.
Section 3.That the Mayor shall sign and the City Clerk shall attest to the adoption of this Resolution.
ADOPTED this ________ day of ____________, 2022.
_______________________________
MAYOR OF THE CITY OF COMPTON
ATTEST:
____________________________________
CITY CLERK OF THE CITY OF COMPTON
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF COMPTON )
I, Alita Godwin, City Clerk of the City of Compton hereby certify that the foregoing Resolution was adopted by the City Council of the City of Compton, signed by the Mayor and attested by the City Clerk at a regular meeting thereof held on this ______ day of _______________, 2022.
That said Resolution was adopted by the following vote, to wit:
AYES: COUNCIL MEMBERS-
NOES: COUNCIL MEMBERS-
ABSTAIN: COUNCIL MEMBERS-
ABSENT: COUNCIL MEMBERS-
____________________________________
CITY CLERK OF THE CITY OF COMPTON
June 28, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: CITY MANAGER’S OFFICE
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON
AUTHORIZING THE CITY MANAGER TO ENTER INTO A PROFESSIONAL
SERVICES AGREEMENT WITH AND ESTABLISH A PURCHASE ORDER
FOR TOWNSEND PUBLIC AFFAIRS FOR GOVERNMENT RELATIONS AND LOBBYING SERVICES IN THE AMOUNT OF $96,000 ANNUALLY
SUMMARY
Adoption of this Resolution will authorize the City Manager to enter into a professional services agreement with and establish a purchase order in the amount of Ninety Six Thousand Dollars ($96,000) to Townsend Public Affairs (TPA) for Government Relations and Lobbying services.
BACKGROUND
The City’s objective is to select a professional governmental relations and lobbying services firm to represent the City of Compton before Federal, State and Local legislative bodies by developing and sponsoring sound legislation in the interest of the City, and likewise by opposing detrimental legislative proposals and identifying and preparing application for grant funding. Selected consultant should be able to demonstrate experience in presenting and communicating well-studied municipality-related bills, particularly in all subject matters that influence the operational activities of the City. The selected consultant will have a complete understanding of charter cities legislation introduced and heard during Federal, State and Local legislative sessions, coupled with maintaining close working relationships with related electorate.
On April 20, 2022, the City Manager’s Office advertised for governmental relations and lobbying services. An essential component of this RFP is to obtain the services of a qualified and experienced government relations and lobbying firm that can engage decision-makers on legislative and quasi-legislative actions, also serve as the conduit for communication with elected officials and other agencies.
On May 11, 2022, the City received a total of four (4) proposals that were reviewed and ranked by staff. The top 3 (three) firms were selected based on their responsiveness, qualifications, costs, work experience, professional expertise and any other unique qualifications. The top three proposals are listed below:
Rank Firm Amount Service Proposed
1 Townsend Public Affairs $96,000 Local, State & Federal 2 Rojas Communication $95,400 Local, State & Federal
3 CA Policy Solutions $96,000 State
10.10.10.10.10.10. Staff Report – Resolution Authorizing Agreement with Townsend Public Affairs Governmental Relations and Lobbying Services
June 28, 2022, Page 2 of 3
The scope of work for Governmental Relation services described within the RFP shall include all of the following, but not limited to:
1.Strategy – Assist the City in the development and implementation of its legislative agenda.
2.Tracking and Reporting – Identify, track and report on Federal, State and Local legislation and legislative proposals that may have an impact on the City.
3.Advocacy – Support the City with a strong presence in government as the ‘eyes and ears’ of issues related to Charter Cities and serving as day-to-day contact for legislators and other lobbyists on behalf of the City.
4.Meetings – Conduct meetings to discuss background, scope, objectives, schedule, current, and past issues as necessary.
5.Relationship Building – Assist in the development of relationships with key legislators, regulatory agencies, state agencies, local governments and community organization, consistent with the annual strategic advocacy and political engagement plan.
6.Public Relations – Communicate with local business community regarding temporary construction impacts, such as traffic changes, noise, limited access and construction schedule.
Selection Process
Pursuant to the Request for Proposals, it was requested that firms respond with their qualifications, scope of service, etc., in one package and their fee in a sealed, separate cover.
The proposal review committee reviewed the material in the Request for Proposal (RFP) submitted by the consultants and ranked the most qualified proposals.
The selection of the most qualified firm for governmental relations and lobbying services was on the basis of demonstrated competence and professional qualifications. Qualification Based Selection (“QBS”) is where selection is based on the most appropriate provider of professional services; fees are not an initial consideration nor a primary consideration for selection; however, staff will evaluate the price to ensure there is a comparability and consistency to the other proposals. The evaluation process used by the selection committee for ranking the proposal was based upon the completeness of the proposal, consultant’s demonstrated understanding of the scope of services, quality of similar work previously performed by the firm, personnel assigned, resources required to perform the required services, and the proposed schedule of work. Fees are not considered until after the selection of the most qualified firms.
Staff Report – Resolution Authorizing Agreement with Townsend Public Affairs Governmental Relations and Lobbying Services
June 28, 2022, Page 3 of 3
The review committee determined the proposal submitted by Townsend Public Affairs was deemed the most qualified firm to provide the needed governmental relations and lobbying services for this RFP for the following reasons:
TPA key members have over 20 years of experience in governmental relations and lobbying services for public agencies
TPA will work with the City to coordinate advocacy trips to Sacramento and Washington, D.C to meet face to face with agency and department leaders, the City’s legislative delegation and legislators that serve on committees relevant to the City’s agenda
TPA will work with the City to update this strategy each year and develop a plan for staying active when the Legislature is not is session
TPA not only maintains strong relationships with elected and government officials, but also with associations and advocacy groups such as the League of California Cities and the California Contract Cities Association
TPA will work with the City to identify projects and other funding priorities that may be suitable for funding through the State Budget
Since its inception in 1998, TPA has earned the reputation as Champion for a Better Communities by providing the experience, resources and relationships expected from premier legislative advocacy and grant writing firm while also giving clients the unique brand of customer service they deserve: personal attention, maximum accessibility, and passion for their mission.
Furthermore, utilizing their method on behalf of their clients, TPA has shepherded over 100 legislative and regulatory proposals into law and secured over $2.3 billion in grants from state, federal and local government agencies as well as nonprofit foundations and private companies.
STATEMENT OF ISSUE
The City Manager to enter into a two one year option for professional services agreement with Townsend Public Affairs in the amount of Ninety Six Thousand Dollars ($96,000), City Council’s authorization is necessary.
FISCAL IMPACT
Funds in the amount of $96,000.00 are available in the City Manager 2022-2023 Fiscal Year budget in Account No. 1001-510-000-4262.
RECOMMENDATION
Staff recommends the City Council adopt the attached Resolution.
THOMAS THOMAS
CITY MANAGER
RESOLUTION NO. ____________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON
AUTHORIZING THE CITY MANAGER TO ENTER INTO A
PROFESSIONAL SERVICES AGREEMENT WITH AND ESTABLISH A
PURCHASE ORDER FOR TOWNSEND PUBLIC AFFAIRS FOR
GOVERNMENT RELATIONS AND LOBBYING SERVICES IN THE
AMOUNT OF $96,000 ANNUALLY
WHEREAS, adoption of this resolution will authorize the City Manager to enter into a professional services agreement with and establish a purchase order in the amount of Ninety Six Thousand ($96,000) to Townsend Public Affairs for the provision of government relations and lobbying services for the City of Compton WHEREAS, The City’s objective is to select a professional governmental relations and lobbying services firm to represent the City of Compton before Federal, State and Local legislative bodies by developing and sponsoring sound legislation in the interest of the City, and likewise by opposing detrimental legislative proposals and identifying and preparing application for grant funding. Selected consultant should be able to demonstrate experience in presenting and communicating well-studied municipality-related bills, particularly in all subject matters that influence the operational activities of the City. The selected consultant will have a complete understanding of charter cities legislation introduced and heard during Federal, State and Local legislative sessions, coupled with maintaining close working relationships with related electorate
WHEREAS, On April 20, 2022, the City Manager’s Office advertised for governmental relations and lobbying services. An essential component of this RFP is to obtain the services of a qualified and experienced government relations and lobbying firm that can engage decision-makers on legislative and quasi-legislative actions, also serve as the conduit for communication with elected officials and other agencies WHEREAS,On May 11, 2022, the City received a total of four (4) proposals that were reviewed and ranked by staff. The top 3 (three) firms were selected based on their responsiveness, qualifications, costs, work experience, professional expertise and any other unique qualifications. The top three proposals are listed below:
WHEREAS,the top three proposal are listed below:
Rank Firm Amount Service Proposed
1 Townsend Public Affairs $96,000 Local, State & Federal 2 Rojs Communication $95,400 Local, State & Federal
3 CA Policy Solutions $96,000 State
WHEREAS, the scope of work for governmental relation services described within the RFP shall include all of the following, but not limited to:
1.Strategy – Assist the City in the development and implementation of its legislative agenda.
2.Tracking and Reporting – Identify, track and report on Federal, State and Local legislation and legislative proposals that may have an impact on the City.
3.Advocacy – Support the City with a strong presence in government as the ‘eyes and ears’ of issues related to Charter Cities and serving as day-to-day contact for legislators and other lobbyists on behalf of the City.
4.Meetings – Conduct meetings to discuss background, scope, objectives, schedule, current, and past issues as necessary.
Resolution No. ________________
5.Relationship Building – Assist in the development of relationships with key legislators, regulatory agencies, state agencies, local governments and community organization, consistent with the annual strategic advocacy and political engagement plan.
6.Public Relations – Communicate with local business community regarding temporary construction impacts, such as traffic changes, noise, limited access and construction schedule.
WHEREAS, pursuant to the Request for Proposals, it was requested that firms respond with their qualifications, scope of service, etc., in one package and their fee in a sealed, separate cover; and
WHEREAS, the proposal review committee reviewed the material in the request for proposal (RFP) submitted by the consultants and ranked the most qualified proposals; and
WHEREAS, the selection of the most qualified firm for the government relations and lobbying services was on the basis of demonstrated competence and professional qualifications; and
WHEREAS, Qualification Based Selection (“QBS”) is where selection is based on the most appropriate provider of professional services; fees are not an initial consideration nor a primary consideration for selection; however, staff will evaluate the price to ensure there is a comparability and consistency to the other proposals.; and WHEREAS, the evaluation process used by the selection committee for ranking the proposal was based upon the completeness of the proposal, consultant’s demonstrated understanding of the scope of services, quality of similar work previously performed by the firm, personnel assigned, resources required to perform the required services, and the proposed schedule of work and fees are not considered until after the selection of the most qualified firms; and
WHEREAS, the review committee determined the proposal submitted by Townsend Public Affairs was deemed the most qualified firm to provide the needed governmental relations and lobbying services for this RFP for the following reasons:
TPA key members have over 20 years of experience in governmental relations and lobbying services for public agencies
TPA will work with the City to coordinate advocacy trips to Sacramento and Washington, D.C to meet face to face with agency and department leaders, the City’s legislative delegation and legislators that serve on committees relevant to the City’s agenda
TPA will work with the City to update this strategy each year and develop a plan for staying active when the Legislature is not is session TPA not only maintains strong relationships with elected and government officials, but also with associations and advocacy groups such as the League of California Cities and the California Contract Cities Association TPA will work with the City to identify projects and other funding priorities that may be suitable for funding through the State Budget; and WHEREAS, since its inception in 1998, TPA has earned the reputation as Champion for a Better Communities by providing the experience, resources and relationships expected from premier legislative advocacy and grant writing firm while also giving clients the unique brand of customer service they deserve: personal attention, maximum accessibility, and passion for their mission; and WHEREAS, furthermore, utilizing their method on behalf of their clients, TPA has shepherded over 100 legislative and regulatory proposals into law and secured over $2.3 billion in grants from state, federal and local government agencies as well as nonprofit foundations and private companies; and
Resolution No. ________________
WHEREAS,the City Manager to enter into a two one year option for professional services agreement with Townsend Public Affairs in the amount of Ninety Six Thousand Dollars ($96,000), City Council’s authorization is necessary; and WHEREAS,Funds in the amount of $96,000.00 are available in the City Manager 2022-2023 Fiscal Year budget in Account No. 1001-510-000-4262.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COMPTON DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1.That the proposal submitted by Townsend Public Affairs (TPA) is hereby accepted.
SECTION 2.That the City Manager, upon the advice and approval of the City Attorney, is hereby authorized to enter into a professional services agreement with Townsend Public Affairs for the provision of government relations and lobbying services.
SECTION 3.That a purchase order in the amount of $96,000.00 is authorized to be established for Townsend Public Affairs for services performed for Government Relations and Lobbying services.
SECTION 4.That copies of this Resolution shall be filed in the offices of the City Manager, City Controller, City Clerk, and the City Attorney.
SECTION 5.That the Mayor shall sign and the City Clerk shall attest to the adoption of this Resolution.
ADOPTED this _________ day of _____________, 2022.
________________________________
MAYOR OF THE CITY OF COMPTON
ATTEST:
___________________________________
CITY CLERK OF THE CITY OF COMPTON
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF COMPTON: ss
I, Alita Godwin, City Clerk of the City of Compton, hereby certify that the foregoing Resolution was adopted by the City Council, signed by the Mayor and attested to by the City Clerk, at a regular meeting thereof held on the ________ day of _________________, 2022.
That said Resolution was adopted by the following vote, to wit:
AYES: COUNCIL MEMBERS-
NOES: COUNCIL MEMBERS-
ABSTAIN: COUNCIL MEMBERS-
ABSENT: COUNCIL MEMBERS-
____________________________________
CITY CLERK OF THE CITY OF COMPTON
June 28, 2022
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: PUBLIC WORKS STREET SUPERINTENDENT
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AMENDING THE PUBLIC WORKS 2021-2022 FISCAL
YEAR BUDGET TO APPROPRIATE $12,497.33 IN FUNDS FROM
THE CITY OF COMPTON LEGAL RECOVERY ACCOUNT AND
AUTHORIZE AN OPEN PURCHASE ORDER TO SYNCHRONY
BANK DBA LOWES CREDIT SERVICES IN THE AMOUNT OF
$12,497.33
SUMMARY
Staff is requesting City Council adoption of this resolution to make an amendment to the Public Works Department’s Fiscal Year 2021-2022 Budget and authorize a purchase order to Synchrony Bank DBA Lowes Credit Services in the amount of $12,497.33.
BACKGROUND
In 2020, the General Services yard located at 438 West Alondra Boulevard was confronted with a rubbish fire that originated along the Compton Creek. Compton Fire personnel forced entry to the maintenance yard and mitigated the fire. The fire damaged several tools and materials that were stored in the electrical container unit.
STATEMENT OF THE ISSUE
On July 8, 2020, Compton Fire personnel responded to a rubbish fire near the Compton Creek. The investigation concluded that the embers caused materials inside the electrical storage unit stored at the General Services Yard located at 438 West Alondra Boulevard to burn. There was a large number of tools, supplies and electrical equipment used for city wide facility maintenance that were destroyed. The City Attorney’s office filed a claim for damages and on May 10, 2022, insurance compensation was deposited into the City of Compton legal recovery account.
Although the value of the damaged tools exceeded $30,000 the insurance company reimbursed a depreciated amount of $12,497.33 to the City. The General
11.11. Staff Report –Resolution Authorizing
Budget Amendment and P.O. to
Synchrony Bank DBA Lowes Credit Services
June 28, 2022, page 2
Services Division will attempt to replace the most essential items that were damaged during the fire. Therefore, in addition to the budget amendment, staff is requesting approval of a purchase order in the amount of $12,497.33 to Synchrony Bank DBA Lowes Credit Services which is an authorized City of Compton vendor.
FISCAL IMPACT
Funds in the amount of $12,497.33 were deposited in the City of Compton Legal Recovery account number 1001-000-000-3571 on May 10, 2022. Upon approval of this resolution City Council will authorize the department to amend the budget appropriations as follows:
Increase in Revenue Appropriation:
Account No. Description Amount
1001-000-000-3571 Legal Recovery $12,497.33
Increase in Expenditure Appropriation:
Account No. Description Amount
1001-720-GS0-4236 Maintenance & Repair$12,497.33
ALTERNATIVE
No alternative is being proposed at this time.
RECOMMENDATION
It is recommended that the City Council adopt the attached Resolution.
DAMION TIMMONS
PUBLIC WORKS STREET MAINTENANCE DIRECTOR
APPROVED FOR FORWARDING:
THOMAS THOMAS
CITY MANAGER
RESOLUTION NO. ________________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AMENDING THE PUBLIC WORKS 2021-2022 FISCAL YEAR BUDGET TO APPROPRIATE $12,497.33 IN FUNDS FROM THE CITY OF COMPTON LEGAL
RECOVERY ACCOUNT AND AUTHORIZE AN OPEN PURCHASE ORDER TO
SYNCHRONY BANK DBA LOWES CREDIT SERVICES IN THE AMOUNT OF $12,497.33
WHEREAS, the Public Works Department (“Department”) General Services Division is responsible for facility maintenance and repairs; and WHEREAS, the General Services yard located at 438 West Alondra Boulevard was confronted with a rubbish fire on July 8, 2020 which damaged a number of tools supplies and electrical equipment; and
WHEREAS, the City Attorney’s office filed a claim for damages and insurance compensation was deposited into the City of Compton legal recover account May 10, 2022, and
WHEREAS, the value of the damaged tools exceeded the depreciated amount of $12,497.33 that was reimbursed by the insurance company, and WHEREAS, the Public Works Street Maintenance Division 2021-2022 Fiscal Year budget will need to be amended to transfer funds from the Legal Recovery Account to the General Services Division Maintenance and Repair Account; and WHEREAS, staff will attempt to purchase the most essential items by issuing a purchase order to Synchrony Bank DBA Lowes Credit Services which is a City of Compton vendor; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COMPTON DOES HEREBY RESOLVE AS FOLLOWS:
Section 1.That the City Council will authorize the department to amend the budget appropriation as follows:
Increase in Revenue Appropriation:
Account No. Description Amount
1001-000-000-3571 Legal Recovery $12,497.33
Increase in Expenditure Appropriation:
Account No. Description Amount
1001-720-GS0-4236 Maintenance & Repair$12,497.33
Section 2.That the City Manager is hereby authorized to establish a purchase order in the amount of Twelve Thousand Four Hundred Ninety-Seven Dollars and Thirty- Three Cents ($12,497.33) to Synchrony Bank DBA Lowes Credit Services which is a City of Compton vendor.
Section 3. That a copy of this Resolution shall be filed in the offices of the City Clerk, City Manager, City Controller and Public Works – Street Maintenance Department General Services Division.
Section 4.That the Mayor shall sign and the City Clerk shall attest to the adoption of this Resolution.
ADOPTED this ________ day of _________________, 2022.
Resolution No. __________
____
MAYOR OF THE CITY OF COMPTON
ATTEST:
____________________________________
CITY CLERK OF THE CITY OF COMPTON
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF COMPTON )
I, Alita Godwin, City Clerk of the City of Compton, hereby certify that the foregoing Resolution was adopted by the City Council of the City of Compton, signed by the Mayor and attested by the City Clerk at a regular meeting thereof held on this ________ day of ___________________, 2022.
That said Resolution was adopted by the following vote, to wit:
AYES: COUNCILMEMBERS-
NOES: COUNCILMEMBERS-
ABSTAIN: COUNCILMEMBERS-
ABSENT: COUNCILMEMBERS-
___________ ___
CITY CLERK OF THE CITY OF COMPTON