Agenda packet — Compton City Council, December 13, 2022 (part 1 of 2)

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
12/13/2022
5:30 PM
Closed Session 4:30 P.M.

Public Meeting 5:30 P.M.

CITY COUNCIL CHAMBERS
205 SOUTH WILLOWBROOK AVENUE
COMPTON, CALIFORNIA 90220

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
12/13/2022 5:30 PM
CLOSED SESSION – 4:30 p.m.

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Two (2) Potential Cases
Pursuant to Government Code Section 54956.9(b)

RECESS TO CLOSED SESSION

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. NOVEMBER 1, 2022
NOVEMBER 15, 2022

PUBLIC WORKS DEPARTMENT

2. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON

ADOPTING THE TITLE VI PROGRAM UPDATE PURSUANT TO THE CIVIL RIGHTS ACT OF 1964 AND AUTHORIZING THE CITY MANAGER TO SUBMIT

THE REPORT TO THE FEDERAL TRANSPORTATION ADMINISTRATION

3. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON

AUTHORIZING THE CITY MANAGER TO ISSUE PURCHASE ORDERS TO ONE

OR MORE VENDORS (JANKOVICH, SC FUEL AND WOOD OIL) FOR THE

PURCHASE OF GASOLINE AND DIESEL FUEL FOR THE CITY'S FLEET IN AN

AMOUNT NOT TO EXCEED ONE HUNDRED SEVENTY THOUSAND FOUR
HUNDRED NINETY-NINE DOLLARS ($170,499) AND THE CITY OF COMPTON

FIRE DEPARTMENT IN AN AMOUNT NOT TO EXCEED NINETY THOUSAND DOLLARS ($90,000)
-3- City Council Agenda
12/13/2022 5:30 PM

4. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON

AUTHORIZING THE CITY MANAGER TO ISSUE A PURCHASE ORDER FOR KIMLEY-HORN AND ASSOCIATES, INC. TO COMPLETE THE PREPARATION

OF A LOCAL ROADWAY SAFETY PLAN FOR THE PUBLIC WORKS
ENGINEERING DEPARTMENT ($27,164.23)

5. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON

AUTHORIZING THE CITY MANAGER TO ACCEPT THE CONSTRUCTION OF THE ANNUAL RESIDENTIAL STREET REHABILITATION PROJECT (CIP# 18-01, PHASE 2A) AS COMPLETE, DIRECT STAFF TO FILE THE NOTICE OF COMPLETION WITH THE LOS ANGELES COUNTY RECORDER’S OFFICE AND AUTHORIZE THE RELEASE OF THE CONTRACTOR’S RETENTION
($314,478.78)

RISK MANAGEMENT

6. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON

AUTHORIZING THE CITY MANAGER TO RENEW THE SOFTWARE LICENSE

AND MAINTENANCE AGREEMENT WITH AND ESTABLISH A PURCHASE ORDER FOR VENTIV TECHNOLOGY, INC. FOR PROVISION OF THE RISK MANAGEMENT IVOS DATABASE ($97,106.34)

WATER DEPARTMENT

7. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON

AUTHORIZING THE CITY MANAGER TO ENTER INTO A SERVICES

AGREEMENT WITH CINTAS CORPORATION AND ISSUE A PURCHASE

ORDER FOR THE ACQUISITION OF UNIFORM RENTAL AND LAUNDRY

SERVICES IN THE AMOUNT OF EIGHT THOUSAND EIGHT HUNDRED SIXTY- ONE DOLLARS AND EIGHTY-FOUR CENTS ($8,861.84)

8. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON

AUTHORIZING THE CITY MANAGER TO ISSUE A PURCHASE ORDER TO CLINICAL LAB OF SAN BERNARDINO, INC. FOR TESTING AND ANALYSIS OF

WATER SAMPLES IN THE AMOUNT OF TWENTY-ONE THOUSAND TEN
DOLLARS ($21,010.00)

REGULAR AGENDA

CITY MANAGER'S REPORT

9. POWER POINT PRESENTATION - NEW WEBSITE REDESIGN - Louis Mendoza, Information Systems Engineer

10. ORAL PRESENTATION - FIRE DEPARTMENTS APPARATUS EQUIPMENT UPDATE - Ronerick Simpson, Fire Chief
-4- City Council Agenda
12/13/2022 5:30 PM

UNFINISHED BUSINESS

11. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COMPTON

APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF

COMPTON AND CITY VENTURES HOMEBUILDING, LLC, A DELAWARE LIMITED LIABILITY COMPANY, TO ENABLE THE DEVELOPMENT OF A 60-UNIT HOUSING PROJECT ON THAT CERTAIN LAND LOCATED AT 930 WEST COMPTON BOULEVARD, COMPTON, CALIFORNIA (Second Reading)

NEW BUSINESS

12. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON

AUTHORIZING THE CITY MANAGER TO AMEND THE BUILDING AND SAFETY DEPARTMENT 2022-2023 FISCAL YEAR BUDGET TO ADD ONE (1)
ADMINISTRATIVE SPECIALIST, ONE (1) BUILDING INSPECTOR II AND DELETING ONE (1) BUILDING INSPECTOR I AND ONE OFFICE ASSISTANT III

POSITION

13. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON

AUTHORIZING THE CITY MANAGER TO ISSUE A PURCHASE ORDER TO THE

GARLAND COMPANY, INC FOR THE PROCUREMENT OF ROOFING

MATERIALS FOR THE CAREERLINK FACILITY ROOFING PROJECT LOCATED AT 700 NORTH BULLIS ROAD ($431,146.34)

14. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON APPROVING AN AMENDMENT TO THE 2022-2023 FISCAL YEAR BUDGET TO

AMEND THE EXISTING PERSONNEL SUMMARY TO ADD A DIRECTOR OF

RECREATION POSITION

COUNCIL COMMENTS

ADJOURNMENT
NEXT REGULAR MEETING: 12/20/2022 @ 5:30 PM
Visit our website at http://www.comptoncity.org
NOVEMBER 1, 2022
The Compton City Council meeting was called to order at 5:33 p.m. by Mayor Pro Tem Jonathan Bowers in the Council Chambers of City Hall. The Moment of Silence Ceremony and the Pledge of Allegiance was led by Mayor Pro Tem Bowers.

ROLL CALL
Council Members Present – D. Duhart, A. Spicer, L. Darden, J. Bowers Council Members Absent – Mayor E. Sharif

Other Officials Present: E. Perrodin, A. Godwin, B. Mims, T. Thomas

PUBLIC COMMENTS ON AGENDA ITEMS AND NON-AGENDA MATTERS
Anthony Lewis provided a year-end report on the activities of District 3 and informed the City Council that there have been trees trimmed, trash removed, and other activities performed. Mr.

Lewis stated that he met with CUSD representatives and the President of Compton College to discuss community needs, and further stated that the City needs additional oversight and concluded by stating that he has a plan to improve and upgrade the City’s infrastructure.

Richard Earl, President of the Concerned Citizens of Compton, announced that St. Lutheran Church and the Los Angeles County Registrar will host a voting site on Saturday, November 5, 2022, from 11:00 a.m. to 3:00 p.m., whereby residents can vote at the location. Mr. Earl thanked everyone for attending his award ceremony and further stated that the Measure P Committee has not met yet and questioned when the committee is scheduled to meet to discuss the budget. Mr.

Earl requested a report from the City Treasurer.

Joseph Enayati, Studio 60, suggested that the City reopen his business which would be financially advantageous to the City of Compton.

Gregory Cross raised concerns regarding the poor condition of the City’s infrastructure and added that the potholes in the City must be repaired. He further indicated that the City’s parks must be reopened for the growth and development of the youth of the community. Mr. Cross then stated that the homeless encampments in front of the schools must be eliminated for the safety of the children and concluded by imploring the City Council to provide accountability and listen to the concerns of the community.

Lynn Boone alleged that the City Attorney does not live in the City and further stated that the City Charter requires all elected officials to reside in the City of Compton. Ms. Boone spoke in opposition to the two proposed ballot measures on the November 8, 2022 election, and highlighted that there was no public hearing held to discuss the two Measures.

Angelo McVay commended Councilman Spicer on the job he is doing as he is active on social media promoting the City and has been very responsive to his constituency. Mr. McVay also praised Councilman Spicer for his work ethic and his dedication to the citizens of Compton. He then urged the Council to provide more activities for the youth of the community and praised the Career Link program for their assistance to the residents.

Fidel Marquez addressed a charge on his tax bill for clean and safe water and further stated that the County Assessor explained the charges and indicated that there is money available to fix the brown dirty water issue in Compton. Mr. Marquez then raised concerns that the City could not provide audit reports from the last 4 years and further expressed his disappointment with the City Council who are not representing the best interests of the residents. Mr. Marquez urged the Council to repair and upgrade the City’s failing infrastructure.

Marie Brown, President of the East Rancho Dominguez Homeowners Association, informed the City Council that the group held a special meeting with Supervisor Holly Mitchell and Councilmembers Bowers and Darden to discuss issues of concern to the community. Ms. Brown thanked the City Council for working with the residents to improve the City of Compton.

1.1. 6:00 P.M. - PUBLIC HEARING - TO ADOPT THE CITY'S 2020 URBAN WATER

MANAGEMENT PLAN
On motion by Darden, seconded by Duhart, the public hearing was opened at 6:02 p.m. by the following vote on roll call:

AYES: Council Members – Duhart, Spicer, Darden, Bowers
NOES: Council Members – None
ABSENT: Council Members – Sharif
Water Department Manager Victor Meza reported that in accordance with the California Urban Water Management Planning Act (Act), the City of Compton Municipal Water Department (CMWD) prepared an Urban Water Management Plan (UWMP). The UWMP has been prepared consistent with the requirements under Water Code Sections 10610 through 10656 of the Act, which must also be filed with the California Department of Water Resources (DWR) every five years.

The UWMP provides DWR with information on present and future water resources and demands as well as an in-depth assessment of the water resource needs of the City. Specifically, it provides water supply analysis for a 25-year planning period in 5-year increments and effectively revises the City’s 2015 UWMP. This UWMP covers the historical period of calendar year 2016 through 2020, and projects water demands and supplies for a 25-year period through 2045. Once the UWMP is received by DWR, it is then reviewed to ensure the plan is completed in accordance with the requirements incorporated in the Act and other pertinent regulations.

Mr. Meza further reported that one significant change in the 2020 Urban Water Management planning process are changes regarding the Water Shortage Contingency Plan element of the UWMP. The purpose of this element is to ensure that water agencies are prepared to respond to water shortages in an effective and timely manner. Although, water contingency planning has been a requirement of the UWMP since the 1980’s, with the passage of new state legislation in 2018, the Water Shortage Contingency Plan (WSCP) element of the UWMP is now required to be adopted by separate Resolution. It also expands the water shortage levels to be addressed in the WSCP to six levels ranging from 10% to over a 50% shortage. Additionally, a new water reliability assessment will need to be prepared on an annual basis, beginning in 2022.

Mr. Meza further stated that this UWMP illustrates that the Compton Municipal Water Department continues to review practices that will provide customers with adequate and reliable supplies. The CMWD is dedicated to maximizing our supply sources while reducing our dependency on imported supplies. Mr. Meza explained that this plan should have been proposed in 2020.

AUDIENCE COMMENTS REGARDING THE PUBLIC HEARING
Dr. Michael Tankersley stated that the City must have a plan for the 21 st Century and improve the City’s water system.

Mr. Meza indicated that the City’s water is tested weekly and noted that water samples are submitted by a third party and the results are reported to the federal government.

Anthony Lewis indicated that the City must have an urban water management plan and indicated that the City Manager is working towards improving the City scientifically.

Lynn Boone raised concerns regarding the City’s 7 wells and further stated that if the water is discolored, it definitely affects the health of the residents. and further highlighted that the poor water conditions were addressed in the Audit. Ms. Boone then questioned the City’s public outreach program noting that information has not been properly disseminated to the public.

There being no further comments, it was moved by Darden, seconded by Spicer the hearing was closed at 6:22 p.m. by the following vote on roll call:

AYES: Council Members – Duhart, Spicer, Darden, Bowers
NOES: Council Members – None
ABSENT: Council Members – Sharif
Councilmember Darden questioned if the City will be required to pay a penalty for the late filing of the report. Ms. Darden further questioned if the City would reach out to the schools to education the community. Mr. Meza replied in the negative.

Mayor Pro Tem Bowers addressed the issue of storage capacity and further questioned whether the other 5 water companies would provide water reports.

Mr. Meza stated that their reports are included in the annual Water Quality Reports.

Mayor Pro Tem Bowers then questioned whether the City has a water savings program.

Mr. Meza stated that this issue was not addressed in the past, however, he will bring forth programs for the residents, such as turf replacement, efficient washing machines and toilet replacement rebates.

Councilmember Duhart thanked Mr. Meza for the excellent report and responses to the residents. 6:15 P.M. - PUBLIC HEARING - TO ADOPT THE CITY'S 2020 WATER SHORTAGE

CONTINGENCY PLAN
On motion by Spicer, seconded by Darden, the public hearing was opened at 6:30 p.m. by the following vote on roll call:

AYES: Council Members – Duhart, Spicer, Darden, Bowers
NOES: Council Members – None
ABSENT: Council Members – Sharif
Mr. Meza stated that the information for this hearing is the same material as submitted at the previous hearing, and further indicated that the City must improve its water shortage plans and provide for enhanced public notifications to the residents of Compton.

AUDIENCE COMMENTS REGARDING THE PUBLIC HEARING
Lynn Boone commented that it is sad that it took a state audit for the City to begin addressing this issue.

Dr. Michael Tankersley noted that Northern California gets its water from the basin in Sacramento which helps with the current agriculture products in the area. The City needs a water basin that runs through the rocks which purifies the water.

Mr. Angelo McVay indicated that he is working with a man that has developed a machine to assist portions of the underdeveloped nations of Africa to provide clean and safe water for the residents.

Mr. McVay stated that he will present a 5-point plan to assist the City of Compton.

Joseph Enayati indicated that half of the water in Israel comes from the ocean which is purified and desalinated through their water filtration system.

Mr. Meza indicated that there are desalination systems in California and noted that communities living near the ocean are taking advantage of this technology and further asserted that Compton will work with other stakeholders to implement a desalination plan for Compton.

Anthony Lewis discussed the desalination program and commended Mr. Meza for working towards developing a desalination plan for Compton.

There being no further comments, it was moved by Spicer, seconded by Darden the hearing was closed at 6:42 p.m. by the following vote on roll call:

AYES: Council Members – Duhart, Spicer, Darden, Bowers
NOES: Council Members – None
ABSENT: Council Members – Sharif

REGULAR AGENDA

UNFINISHED BUSINESS

1. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COMPTON

ADOPTING COMPTON TRANSIT ORIENTED DEVELOPMENT SPECIFIC PLAN PROGRAM ENVIRONMENTAL IMPACT REPORT 953, MITIGATION

MONITORING REPORTING PROGRAM, FINDINGS OF FACT AND STATEMENT

OF OVERRIDING CONSIDERATIONS, APPROVING CHANGE OF ZONE CASE NO. 2022-001, A REQUEST TO AMEND ZONING CODE SECTION 30-54

ALLOWING THE APPLICATION OF THE SPECIFIC PLAN ZONE (SP) AS AN

OVERLAY ZONE FOR CERTAIN PROPERTIES WITHIN THE COMPTON TRANSIT

ORIENTED DEVELOPMENT SPECIFIC PLAN PROJECT AREA AND ADOPTION

OF THE COMPTON TRANSIT ORIENTED DEVELOPMENT SPECIFIC PLAN (Second Reading)
On motion by Spicer, seconded by Darden, the reading of the ordinance in full was waived by the following vote on roll call:

AYES: Council Members – Duhart, Spicer, Darden, Bowers
NOES: Council Members – None
ABSENT: Council Members – Sharif
On motion by Duhart, seconded by Spicer, the Ordinance entitled ‘ AN ORDINANCE OF THE

CITY COUNCIL OF THE CITY OF COMPTON ADOPTING COMPTON TRANSIT

ORIENTED DEVELOPMENT SPECIFIC PLAN PROGRAM ENVIRONMENTAL IMPACT REPORT 953, MITIGATION MONITORING REPORTING PROGRAM, FINDINGS OF FACT

AND STATEMENT OF OVERRIDING CONSIDERATIONS, APPROVING CHANGE OF ZONE CASE NO. 2022-001, A REQUEST TO AMEND ZONING CODE SECTION 30-54

ALLOWING THE APPLICATION OF THE SPECIFIC PLAN ZONE (SP) AS AN OVERLAY

ZONE FOR CERTAIN PROPERTIES WITHIN THE COMPTON TRANSIT ORIENTED

DEVELOPMENT SPECIFIC PLAN PROJECT AREA AND ADOPTION OF THE COMPTON TRANSIT ORIENTED DEVELOPMENT SPECIFIC PLAN’ failed by the following vote on roll call:

AYES: Council Members – Duhart, Spicer
NOES: Council Members – Bowers
ABSENT: Council Members – Sharif
ABSTAIN: Council Members – Darden

2. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COMPTON ADDING SUBCHAPTER 21-3 (MANDATORY ORGANIC WASTE DISPOSAL REDUCTION) TO CHAPTER 21 (INTEGRATED WASTE MANAGEMENT) OF THE CITY OF

COMPTON MUNICIPAL CODE AND MAKING A DETERMINATION OF
EXEMPTION UNDER CEQA (Second Reading)
On motion by Darden, seconded by Duhart, the reading of the ordinance in full was waived by the following vote on roll call:

AYES: Council Members – Duhart, Spicer, Darden, Bowers
NOES: Council Members – None
ABSENT: Council Members – Sharif
On motion by Spicer, seconded by Duhart, Ordinance Number 2,348 entitled ‘AN

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COMPTON ADDING SUBCHAPTER 21-3 (MANDATORY ORGANIC WASTE DISPOSAL REDUCTION) TO CHAPTER 21 (INTEGRATED WASTE MANAGEMENT) OF THE CITY OF COMPTON

MUNICIPAL CODE AND MAKING A DETERMINATION OF EXEMPTION UNDER CEQA’ was adopted by the following vote on roll call:

AYES: Council Members – Duhart, Spicer, Darden, Bowers
NOES: Council Members – None
ABSENT: Council Members – Sharif

NEW BUSINESS

3. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON ADOPTING THE 2020 URBAN WATER MANAGEMENT PLAN AND FILING THE PLAN WITH

THE CALIFORNIA DEPARTMENT OF WATER RESOURCES IN ACCORDANCE

WITH THE URBAN WATER MANAGEMENT PLANNING ACT
On motion by Darden, seconded by Spicer, Resolution Number 25,742 entitled ‘ A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON ADOPTING THE 2020 URBAN WATER MANAGEMENT PLAN AND FILING THE PLAN WITH

THE CALIFORNIA DEPARTMENT OF WATER RESOURCES IN ACCORDANCE WITH THE URBAN WATER MANAGEMENT PLANNING ACT’ was adopted by the following vote on roll call:

AYES: Council Members – Duhart, Spicer, Darden, Bowers
NOES: Council Members – None
ABSENT: Council Members – Sharif

4. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON ADOPTING THE 2020 WATER SHORTAGE CONTINGENCY PLAN AND FILING THE PLAN

WITH THE CALIFORNIA DEPARTMENT OF WATER RESOURCES IN

ACCORDANCE WITH THE URBAN WATER MANAGEMENT PLANNING ACT On motion by Spicer, seconded by Darden, Resolution Number 25,743 entitled ‘ A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON ADOPTING THE 2020 WATER SHORTAGE CONTINGENCY PLAN AND FILING THE PLAN

WITH THE CALIFORNIA DEPARTMENT OF WATER RESOURCES IN
ACCORDANCE WITH THE URBAN WATER MANAGEMENT PLANNING ACT’ was adopted by the following vote on roll call:

AYES: Council Members – Duhart, Spicer, Darden, Bowers
NOES: Council Members – None
ABSENT: Council Members – Sharif

5. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON

APPOINTING A MEMBER AND ALTERNATE (S) TO THE GOVERNING BOARD

OF THE LOS ANGELES GATEWAY REGION INTEGRATED REGIONAL WATER

MANAGEMENT JOINT POWERS AUTHORITY
It was moved Spicer, seconded by Duhart, that the resolution be adopted.

Councilmember Darden informed the Councilmembers that the City’s representative must be connected to the water industry and suggested that the Water Department Manager or City Engineer be appointed, and a Councilmember can be appointed to serve as the alternate.

Councilmember Darden then offered an amended motion to appoint Victor Meza as the representative to the Los Angeles Gateway Region Integrated Regional Water Manager Joint Powers Authority.

The motion was seconded by Spicer and Resolution Number 25,744 entitled ‘A RESOLUTION

OF THE CITY COUNCIL OF THE CITY OF COMPTON APPOINTING A MEMBER

AND ALTERNATE (S) TO THE GOVERNING BOARD OF THE LOS ANGELES

GATEWAY REGION INTEGRATED REGIONAL WATER MANAGEMENT JOINT POWERS AUTHORITY’ was approved by the following vote on roll call:

AYES: Council Members – Duhart, Spicer, Darden, Bowers
NOES: Council Members – None
ABSENT: Council Members – Sharif
Councilmember Darden then offered a motion to appoint Councilman Andre Spicer as the alternate representative to the Los Angeles Gateway Region Integrated Regional Water Manager Joint Powers Authority. The motion was seconded by Spicer and approved by the following vote on roll call:

AYES: Council Members – Duhart, Spicer, Darden, Bowers
NOES: Council Members – None
ABSENT: Council Members – Sharif
It was moved by Darden that City Engineer Alvin Batista be appointed to serve as the second alternate to the Los Angeles Gateway Region Integrated Regional Water Manager Joint Powers Authority. The motion was seconded by Spicer and approved by the following vote on roll call:

AYES: Council Members – Duhart, Spicer, Darden, Bowers
NOES: Council Members – None
ABSENT: Council Members – Sharif

6. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AMENDING THE PUBLIC WORKS DEPARTMENT 2022-2023 FISCAL YEAR

BUDGET AND AUTHORIZE THE CITY MANAGER TO ENTER INTO AN

AGREEMENT WITH AND ESTABLISH A PURCHASE ORDER FOR THE LOS

ANGELES GATEWAY REGION INTEGRATED REGIONAL WATER

MANAGEMENT JOINT POWERS AUTHORITY FOR COST SHARING FOR THE

REVISION OF THE LOS ANGELES RIVER COORDINATED INTEGRATED

MONITORING PLAN AS REQUIRED BY THE REGIONAL WATER QUALITY CONTROL BOARD, LOS ANGELES REGION ($12,300 ANNUALLY)
It was moved by Spicer, seconded by Duhart, that the resolution be adopted.

Councilmember Duhart referenced Page 6 of the agreement and questioned the amount of the fee rate.

Mr. Alvin Batiste indicated that the fee is for the annual membership, which is paid by the City and further stated that he would inform the Council of the exact amount as soon as the figure becomes available.

The Resolution entitled ‘A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AMENDING THE PUBLIC WORKS DEPARTMENT 2022-2023 FISCAL YEAR

BUDGET AND AUTHORIZE THE CITY MANAGER TO ENTER INTO AN AGREEMENT

WITH AND ESTABLISH A PURCHASE ORDER FOR THE LOS ANGELES GATEWAY

REGION INTEGRATED REGIONAL WATER MANAGEMENT JOINT POWERS

AUTHORITY FOR COST SHARING FOR THE REVISION OF THE LOS ANGELES RIVER

COORDINATED INTEGRATED MONITORING PLAN AS REQUIRED BY THE REGIONAL WATER QUALITY CONTROL BOARD, LOS ANGELES REGION’ failed for lack of a 4 vote requirement, by the following vote on roll call:

AYES: Council Members – Spicer, Darden, Bowers
NOES: Council Members – None
ABSENT: Council Members – Sharif
ABSTAIN: Council Members – Duhart

7. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON

AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH

KJ CONSULTANTS TO PROVIDE FIRE PROTECTION ENGINEERING SERVICES FOR THE COMPTON FIRE DEPARTMENT ($40,000)
It was moved by Darden, seconded by Spicer, that the resolution be adopted.

Councilman Spicer questioned why the City selected this particular vendor, given the low amount of the bid as compared to the other vendors that submitted RFPs.

Chief Simpson responded that KJ Consultants have been providing mentorship and staff training for the City for the past 4 years without any issues. Moreover, KJ Consultants submitted the lowest bid price.

Resolution Number 25,745 entitled ‘A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF COMPTON AUTHORIZING THE CITY MANAGER TO ENTER INTO AN

AGREEMENT WITH KJ CONSULTANTS TO PROVIDE FIRE PROTECTION ENGINEERING SERVICES FOR THE COMPTON FIRE DEPARTMENT’ was adopted by the following vote on roll call:

AYES: Council Members – Duhart, Spicer, Darden, Bowers
NOES: Council Members – None
ABSENT: Council Members – Sharif

8. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON APPROVING FIRST QUARTER BUDGET AMENDMENTS TO THE 2022-2023

FISCAL YEAR BUDGET, TRANSFERRING FUNDS BETWEEN VARIOUS

ACCOUNTS, AND AMENDING THE EXISITING PERSONNEL SUMMARY
(Resolution removed from agenda)

9. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON

APPROVING AN AMENDMENT TO THE POSITION CLASSIFICATION PLAN BY

ADOPTING NEW CLASSIFICATION SPECIFICATIONS FOR THE POSITION OF

DIRECTOR OF RECREATION
On motion by Spicer, seconded by Duhart, Resolution Number 25,746 entitled ‘ A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON APPROVING

AN AMENDMENT TO THE POSITION CLASSIFICATION PLAN BY ADOPTING NEW

CLASSIFICATION SPECIFICATIONS FOR THE POSITION OF DIRECTOR OF RECREATION’ was adopted by the following vote on roll call:

AYES: Council Members – Duhart, Spicer, Darden, Bowers
NOES: Council Members – None
ABSENT: Council Members – Sharif

COUNCIL COMMENTS
Councilmember Duhart offered the following communications/announcements:
Commented on the wonderfully entertaining 40 plus Double Dutch Jump rope event which featured many outstanding athletes from around the Country performing their awesome jump roping skills.
Thanked the City Manager and Staff for providing for the Halloween Haunt celebration and stated that it was gratifying to see the joy on the faces of the children of the community.
Requested that the City Manager provide an update relative to the reopening of the City’s parks and also provide an introduction of the City’s new website. Requested that the City Manager provide the citizens with an update relative to the weekend operating hours of the Code Enforcement Division.

Councilmember Spicer offered the following communications/announcements:
Reminded the residents that he provides a weekly analysis of the City Council meeting actions every Wednesday at 5:15 p.m. following the meetings on Facebook ‘live’ as well as on Instagram social platform.
Encouraged the residents to exercise their right to VOTE on the November 8, 2022 Election.
Invited the residents to participate in a Day of Thanks Turkey Giveaway on November 20, 2022, from 9:00 a.m. to 12:00 noon at Compton City Hall.

Councilmember Darden offered the following communications/announcements:
Reported on the various community meetings and events she attended during the previous week.
Thanked all the vendors, sponsors and volunteers who participated in the Halloween Haunt event held for the children.
Announced that she is collaborating with Barbara Calhoun and Alma Pleasant and other organizations to host the Urban Western Hoedown on November 17, 2022, from 10:00 a.m. to 2:00 p.m. at the Dollarhide Community Center.
Commented that she held a meeting to discuss the heavy traffic conditions near Santa Fe and Greenleaf and highlighted that the Car Clubs are working to secure a new location that will not impact the traffic while conducting the car shows. Requested a status report on the grant funding earmarked to assist the homeless population in the City.
Commended Assemblyman Mike Gipson for his commitment to the Compton community by presenting a check for $3.5 Million for the Roosevelt Middle School P- tech conversion program which will assist students from underserved communities to explore careers in science, technology, engineering and math (STEM) fields.

Mayor Pro Tem Bowers offered the following communications/announcements:
Thanked everyone involved with the wonderful Halloween Haunt and further thanked the City Council Liaisons and Compton Staff for their valuable assistance with this event.
Invited the residents to attend the 3 rd District Town Hall meeting scheduled for November 5, 2022, at Walter Tucker Park, 650 W. Laurel Street, Compton. Informed the City Manager that there are steel plates in the 700 block of Matthisen Circle, which were left over from the construction.
Reported that the residents in the 700 block of Caldwell Street have been complaining about the increase in loud music and noise and requested that law enforcement take action to eradicate this nuisance.

ADJOURNMENT
On motion by Spicer seconded by Darden, the meeting was adjourned at 7:16 p.m. by the following vote on roll call:

AYES: Council Members – Duhart, Spicer, Darden, Bowers
NOES: Council Members – None
ABSENT: Council Members – Sharif
________________________________________ ___________________________________

CITY CLERK OF THE CITY OF COMPTON MAYOR OF THE CITY OF COMPTON NOVEMBER 15, 2022
The Compton City Council Closed Session meeting was called to order at 4:35 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 – D. Duhart, J. Bowers, Mayor E. Sharif Council Members Absent – A. Spicer, L. Darden

Other Officials Present: E. Perrodin, A. Godwin, B. Mims, T. Thomas

CLOSED SESSION AGENDA ITEM
CONFERENCE WITH LEGAL COUNSEL - PENDING LITIGATION Francisco Zamudio v. City of Compton, LASC Case No. 21STCV02695 Pursuant to Government Code Section 54956.9(a)

PUBLIC COMMENTS ON CLOSED SESSION AGENDA ITEM ONLY
There were no audience comments regarding the closed session items.

City Attorney Eric Perrodin requested a closed session for a conference with legal counsel regarding existing litigation in the matter of Francisco Zamudio v. City of Compton, LASC Case No. 21STCV02695, pursuant to Government Code Section 54956.9(a).

On motion by Duhart, seconded by Bowers, the closed session was approved by the following vote on roll call:

AYES: Council Members – Duhart, Bowers, Sharif
NOES: Council Members – None
ABSENT: Council Members – Spicer, Darden

RECESS TO CLOSED SESSION
On motion by Duhart, seconded by Bowers, the meeting recessed at 4:36 p.m., by the following vote on roll call:

AYES: Council Members – Duhart, Bowers, Darden, Sharif
NOES: Council Members – None
ABSENT: Council Members – Spicer, Darden

RECONVENE TO OPEN SESSION
On motion by Spicer, seconded by Duhart the meeting reconvened at 5:36 p.m., by the following roll call vote:

ROLL CALL
Council Members Present: Duhart, Spicer, Bowers, Darden, Sharif Council Members Absent: None

REPORT OUT OF CLOSED SESSION
City Attorney Eric Perrodin stated that there was no reportable action taken by the City Council during the closed session.

PUBLIC COMMENTS ON AGENDA ITEMS AND NON-AGENDA MATTERS
Daniel Salazar, President of the Compton Fire Fighters Local 2216, submitted a letter regarding the substandard equipment and working conditions of the Fire Department which will be severely impacted if further developments, with an increase in population are allowed within the City. Mr.

Salazar further raised serious concerns that the Fire Department is severely understaffed which creates several physical, mental and emotional problems for the Firefighters. Mr. Salazar urged the City Council to provide the Fire Department with the tools and personnel they need to continue to serve the residents.

Rodney Lister commented on a community workshop he attended and noted that one of the major topics of concern was the budget process and how the City decides what to fund and how input from the citizens can play a part in this matter. Mr. Lister questioned the possibility for Staff to allow the public to be able to participate in the budget issues by district. Mr. Lister then stated that the residents want to have a voice in how their tax dollars are being spent.

Anthony Lewis, CIT, addressed the Audit report and stated that he has a plan to revitalize the City of Compton. Mr. Lewis presented his plan for stabilizing the City for the next 25 years. Mr. Lewis also reported an injury to a resident which occurred as she was walking down the sidewalk.

Rogelio Diaz, Connecting Compton, has been working to create a multicultural equestrian center in Compton. Mr. Diaz updated the City regarding his trip to Arizona whereby he met with members of the Navajo Nation. Mr. Diaz stated that he would like to enter into a side access agreement to make sure that the City receives funds to remediate an old brown field area and turn the site into a positive space in Compton.

Sheila Smith discussed agenda item Number 2 and raised concerns that the City’s Paramedics do not have the proper number of defibrillators. Ms. Smith urged the City Council to improve the Fire Department by repairing/upgrading the stations, improving the apparatus and hiring of more personnel.

Mohammad Martinez, Black Panther, informed the City Council that his group has been organizing in Compton and intend to represent the community, which does not have a voice. Mr.

Martinez commented on the recent break-in at the Latino Chamber of Commerce and also ransacked by mercenaries. Mr. Martinez informed the City that the Black panther party is protecting the Latino Chamber and further expressed concern that there is no Latino representation on the City Council.

Bishop L. J. Guillory stated that the Black and Latino community must work together, and further thanked the City Council for all the hard work they are doing for the City. Mr. Guillory then thanked the City Clerk for bringing forth the information regarding changing the election. He then commented that the appointed Councilmembers were appointed by the Councilmembers that were elected by the people and concluded that the City must work together to move Compton forward.

Jacqueline Venters alleged that there is corruption in City Hall and questioned when there will be accountability for the residents. Ms. Venters stated that it is illegal to have 3 appointed Councilmembers on the Dias, and further indicated that the City Council is not following the rules of the Compton City Charter.

S. Rivas discussed the new ballot measure which recently passed and stated that her property taxes are nearly $10,000 and the next measure will cause her bill to increase. Ms. Rivas stated that she would like to uplift and improve the City and make it better. Ms. Rivas urged the City Council to include the residents and work together to improve the City of Compton.

Vanessa spoke regarding the recent Measures which will raise the taxes. She then commented that the City Charter was changed to benefit the Councilmembers. Ms. Vanessa stated that the Council must correct all the wrongs they have committed. She concluded by urging the City to hire people coming out of prison to clean up the City.

Lynn Boone urged everyone to scrutinize the item for the consultant for $500,000 and indicated that no names were mentioned and furthermore indicated that there was no request for proposals.

Ms. Boone further highlighted that a public hearing was not held relative to the item. Ms. Boone went on to state that the District 2 City Council seat was never vacated and further alleged that the law states that it is illegal to have more appointed people than elected officials on the Dias.

CONSENT AGENDA

APPROVAL OF MINUTES

1. SEPTEMBER 20, 2022 (Approved)
SEPTEMBER 27, 2022 (Approved)

CITY FIRE DEPARTMENT

2. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON

AUTHORIZING THE CITY MANAGER TO ENTER INTO A MEMORANDUM OF

AGREEMENT FOR PREHOSPITAL EMERGENCY MEDICAL CARE

ENHANCEMENT PROGRAM WITH LOS ANGELES COUNTY AND TO ISSUE A

PURCHASE ORDER TO ZOLL MEDICAL CORPORATION FOR THE
PROCUREMENT OF EIGHT (8) AUTOMATED EMERGENCY DIFIBRILLATORS (AED) ($25,110.00) (Approved Resolution Number 25,747)

CITY MANAGER

3. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON

RATIFYING A SIDE LETTER AGREEMENT AMENDING THE MEMORANDUM OF

AGREEMENT BETWEEN THE CITY OF COMPTON AND THE COMPTON
MANAGEMENT EMPLOYEES’ ASSOCIATION/AFSCME LOCAL 2325 TO AMEND ARTICLE 40 OF THE MEMORANDUM OF AGREEMENT (Approved Resolution Number 25,748)

4. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON

APPROVING AN AMENDMENT TO THE POSITION CLASSIFICATION PLAN BY

ADOPTING CLASSIFICATION SPECIFICATIONS FOR THE POSITION

FINANCIAL ANALYST AND COMMUNITY DEVELOPMENT DIRECTOR AND

ESTABLISHING THE SALARY RANGE FOR COMMUNITY DEVELOPMENT DIRECTOR (Approved Resolution Number 25,749)
On motion by Duhart, seconded by Spicer, 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

CITY MANAGER'S REPORT

5. A REQUEST TO SCHEDULE A PUBLIC HEARING TO CONSIDER AND ADOPT AN

ORDINANCE TO ENTER INTO A DEVELOPMENT AGREEMENT PURSUANT TO GOVERNMENT CODE SECTION 65864 ET SEQ. IN CONNECTION WITH A PROPOSED HOUSING PROJECT TO BE LOCATED AT 930 WEST COMPTON BOULEVARD, COMPTON, CALIFORNIA (December 6, 2022, at 5:45 p.m.) On motion by Spicer, seconded by Duhart, the public hearing was scheduled for December 6, 2022, at 5:45 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

6. A REQUEST TO AUTHORIZE TRAVEL FOR ELECTED OFFICIALS - 2023 SACRAMENTO LEGISLATIVE TOUR - January 9-11, 2023 (approximately $1,291.96 per person, excluding tax, fees and per diem)
On motion by Spicer, seconded by Duhart, the travel request for the 2023 Sacramento Legislative tour 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

7. BOARDS/COMMISSIONS/COMMITTIES (Discussion Item)
The City Councilmembers discussed the reinstitution of the various board, committees and commissions.

Councilman Bowers offered a motion to keep all the boards, committees and commission. The motion was seconded by Spicer and approved by the following vote on roll call:

AYES: Council Members – Duhart, Spicer, Bowers, Darden, Sharif NOES: Council Members – None
ABSENT: Council Members – None
There was discussion regarding instituting a Commission for the Arts and a Charter Review Committee in Compton.

Councilman Spicer offered a motion to institute a Commission on the Arts. The motion was seconded by Darden and approved by the following vote on roll call:

AYES: Council Members – Duhart, Spicer, Bowers, Darden, Sharif NOES: Council Members – None
ABSENT: Council Members – None

UNFINISHED BUSINESS

8. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COMPTON

ADOPTING COMPTON TRANSIT ORIENTED DEVELOPMENT SPECIFIC PLAN PROGRAM ENVIRONMENTAL IMPACT REPORT 953, MITIGATION

MONITORING REPORTING PROGRAM, FINDINGS OF FACT AND STATEMENT

OF OVERRIDING CONSIDERATIONS, APPROVING CHANGE OF ZONE CASE NO. 2022-001, A REQUEST TO AMEND ZONING CODE SECTION 30-54

ALLOWING THE APPLICATION OF THE SPECIFIC PLAN ZONE (SP) AS AN

OVERLAY ZONE FOR CERTAIN PROPERTIES WITHIN THE COMPTON TRANSIT

ORIENTED DEVELOPMENT SPECIFIC PLAN PROJECT AREA AND ADOPTION

OF THE COMPTON TRANSIT ORIENTED DEVEKIONENT SPECIFIC PLAN (Second Reading)
On motion by Spicer, seconded by Duhart, the reading of the ordinance in full was waived by the following vote on roll call:

AYES: Council Members – Duhart, Spicer, Darden, Sharif
NOES: Council Members – Bowers
ABSENT: Council Members – None
On motion by Duhart, seconded by Spicer, Ordinance Number 2,349 entitled ‘AN

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COMPTON ADOPTING

COMPTON TRANSIT ORIENTED DEVELOPMENT SPECIFIC PLAN PROGRAM ENVIRONMENTAL IMPACT REPORT 953, MITIGATION MONITORING

REPORTING PROGRAM, FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS, APPROVING CHANGE OF ZONE CASE NO. 2022-001, A REQUEST TO AMEND ZONING CODE SECTION 30-54 ALLOWING THE

APPLICATION OF THE SPECIFIC PLAN ZONE (SP) AS AN OVERLAY ZONE FOR

CERTAIN PROPERTIES WITHIN THE COMPTON TRANSIT ORIENTED

DEVELOPMENT SPECIFIC PLAN PROJECT AREA AND ADOPTION OF THE COMPTON TRANSIT ORIENTED DEVELOPMENT SPECIFIC PLAN’ was adopted by the following vote on roll call:

AYES: Council Members – Duhart, Spicer, Sharif
NOES: Council Members – Bowers
ABSENT: Council Members – None
ABSTAIN: Council Members – Darden

NEW BUSINESS

9. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AMENDING THE PUBLIC WORKS DEPARTMENT 2022-2023 FISCAL YEAR

BUDGET AND AUTHORIZE THE CITY MANAGER TO ENTER INTO AN

AGREEMENT WITH AND ESTABLISH A PURCHASE ORDER FOR THE LOS

ANGELES GATEWAY REGION INTEGRATED REGIONAL WATER

MANAGEMENT JOINT POWERS AUTHORITY FOR COST SHARING FOR THE

REVISION OF THE LOS ANGELES RIVER COORDINATED INTEGRATED

MONITORING PLAN AS REQUIRED BY THE REGIONAL WATER QUALITY CONTROL BOARD, LOS ANGELES REGION ($12,300 ANNUALLY)
On motion by Darden, seconded by Duhart, Resolution Number 25,750 entitled ‘A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AMENDING THE PUBLIC WORKS DEPARTMENT 2022-2023 FISCAL YEAR BUDGET AND

AUTHORIZE THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH AND

ESTABLISH A PURCHASE ORDER FOR THE LOS ANGELES GATEWAY REGION

INTEGRATED REGIONAL WATER MANAGEMENT JOINT POWERS AUTHORITY

FOR COST SHARING FOR THE REVISION OF THE LOS ANGELES RIVER

COORDINATED INTEGRATED MONITORING PLAN AS REQUIRED BY THE REGIONAL WATER QUALITY CONTROL BOARD, LOS ANGELES REGION’ 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. AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COMPTON

TO CREATING THE DEPARTMENT OF RECREATION
On motion by Spicer, seconded by Duhart, the reading of the ordinance in full was waived by the following vote on roll call:

AYES: Council Members – Duhart, Spicer, Bowers, Darden, Sharif NOES: Council Members – None
ABSENT: Council Members – None
On motion by Spicer, seconded by Duhart, Ordinance Number 2,350 entitled ‘AN URGENCY

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COMPTON TO CREATING THE DEPARTMENT OF RECREATION’ 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

11. AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COMPTON

TO REESTABLISH THE DEPARTMENT OF GENERAL SERVICES AND

RESTRUCTURE THE DEPARTMENT OF PUBLIC WORKS - STREET

MAINTENANCE
On motion by Spicer, seconded by Duhart, the reading of the ordinance in full was waived by the following vote on roll call:

AYES: Council Members – Duhart, Spicer, Bowers, Darden, Sharif NOES: Council Members – None
ABSENT: Council Members – None
On motion by Duhart, seconded by Spicer, Ordinance Number 2,351 entitled ‘AN URGENCY

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COMPTON TO

REESTABLISH THE DEPARTMENT OF GENERAL SERVICES AND RESTRUCTURE THE DEPARTMENT OF PUBLIC WORKS - STREET MAINTENANCE’ 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. AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COMPTON

TO REESTABLISH THE DEPARTMENT OF HUMAN RESOURCES AND ABOLISH

THE DEPARTMENT OF INTERNAL SERVICES
On motion by Darden, seconded by Duhart, the reading of the ordinance in full was waived by the following vote on roll call:

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COMPTON TO

REESTABLISH THE DEPARTMENT OF HUMAN RESOURCES AND ABOLISH THE DEPARTMENT OF INTERNAL SERVICES’ 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. AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COMPTON

TO REESTABLISH THE BUILDING AND SAFETY DEPARTMENT AND

RESTRUCTURE THE DEPARTMENT OF COMMUNITY DEVELOPMENT
On motion by Spicer, seconded by Duhart, the reading of the ordinance in full was waived by the following vote on roll call:

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COMPTON TO

REESTABLISH THE BUILDING AND SAFETY DEPARTMENT AND RESTRUCTURE THE DEPARTMENT OF COMMUNITY DEVELOPMENT’ 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
City Clerk Alita Godwin requested that the City Council meeting be adjourned in memory of Former Pastor of New Hope Baptist Church Rev. Reuben English and retired Los Angeles County Fire Captain Gregory Hill.

Councilmember Duhart offered the following communications/announcements:
Announced that the United Parcel Service (UPS) is currently accepting applications for employment and offering flexible schedules and weekly pay. Thanked the National Association for Black Veterans Chapter #117 and all the sponsors, vendors and wonderful volunteers who provided services to the City’s dedicated Veterans and their families.
Invited the residents to attend the Day of Thanks Turkey Giveaway on November 20, 2022, at the Compton Civic Center Plaza.
Wished Councilperson Lillie Darden a very Happy Birthday! Requested that the City Council meeting be adjourned in memory of Gwendolyn Moore.

Councilmember Spicer offered the following communications/announcements:
Announced that the Eastside Riders Bike Club is hosting a Grab and Go food giveaway to be held on November 16, 2022, at 2111 W. Compton Boulevard. Announced that he provides an analysis of his City Council meeting actions every Wednesday following the meetings on Facebook ‘live’ as well as on Instagram social platform.
Invited the residents to attend the Compton Black Exchange 3 rd year anniversary celebration at the Grocery Outlet on Central and Rosecrans Avenue. Invited the residents to participate in a Day of Thanks Turkey Giveaway on November 20, 2022 from 9:00 a.m. to 12:00 noon at Compton City Hall complex.

Councilmember Bowers offered the following communications/announcements:
Thanked everyone who attended and participated in his 3 rd District Townhall meeting and further thanked the residents for asking questions and raising important issues and concerns.
Commented on the wonderful $3.5 Million check presentation to Roosevelt Middle School for the P-tech conversion program which will assist students from underserved communities explore careers in science, technology, engineering and math (STEM) fields.
Invited the residents to attend the Day of Thanks Turkey and Food box Giveaway to be held on November 20, 2022, from 9:00 a.m. to 12:00 noon at the Martin Luther King Jr. Monument in the City Hall complex.

Councilmember Darden offered the following communications/announcements:
Offered her gratitude to Assemblyman Mike Gipson for his commitment to the Compton community by presenting a check for $3.5 Million for the Roosevelt Middle School P-tech conversion program which will assist students from underserved communities to explore careers in science, technology, engineering and math (STEM) fields.
Announced that she will be collaborating with Pizza Studio to serve lunch to the Seniors of the community on November 18, 2022, from 11:00 a.m. to 1:00 p.m. at the Dollarhide Community Center.
Wished Patricia Maloney, Mark Smith and Renee Bowen a very Happy Birthday! Requested that the City Council meeting be adjourned in memory of Ernest McIntyre.

Mayor Sharif offered the following communications/announcements:
Mayor Sharif invited the residents to attend the 67 th Annual Compton Christmas Parade and the 2 nd Annual Winter Wonderland Toy Drive on December 10, 2022, following the parade. The theme of the parade is “A Miracle on Compton Boulevard.” Mayor Sharif invited the residents to attend the Day of Thanks Turkey and Food box Giveaway to be held on November 20, 2022, from 9:00 a.m. to 12:00 noon at the Martin Luther King Jr. Monument in the City Hall complex.

RETIREMENT ANNOUNCEMENT OF CITY CLERK ALITA GODWIN, MMC City Clerk Alita Godwin read the following statement into the record:
“I would like to address the residents of Compton, the employees, and the Mayor and City Council.

Some of you may or may not know, that I have been the topic of discussion in the last week. Today, I make this announcement so that the discussion is clear.

After more than 40 years of employment with the City of Compton, I have decided to retire effective December 31, 2022. I want everyone to know that I am perfectly fine. I am not sick, and I am not being forced to retire. I am retiring because it is time. If you hear anything other than that, it is simply not true. The reason and my purpose for being here to serve has been fulfilled. I will submit my resignation in the coming weeks; so that you, the City Council, can move forward with filling the vacant position. Thank you!

ADJOURNMENT
On motion by Spicer, seconded by Duhart, the meeting was adjourned in memory of Gwendolyn Moore, Ernest McIntyre, Gayle Moore, Gregory Hill and Rev. Reuben English Sr., at 6:50 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
________________________________________ ___________________________________

CITY CLERK OF THE CITY OF COMPTON MAYOR OF THE CITY OF COMPTON

December 13, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: CITY ENGINEER
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON

ADOPTING THE TITLE VI PROGRAM UPDATE PURSUANT TO THE
CIVIL RIGHTS ACT OF 1964 AND AUTHORIZING THE CITY MANAGER

TO SUBMIT THE REPORT TO THE FEDERAL TRANSPORTATION

ADMINISTRATION

SUMMARY
This resolution adopts the Title VI Program Update pursuant to the Civil Rights Act of 1964 and authorizes the City Manager to submit the report to the Federal Transportation Administration.

BACKGROUND
Title VI of the Civil Rights Act of 1964 (Title VI) prohibits discrimination on the basis of race, color, and national origin in programs that receive federal funding. The Federal Transportation Administration (FTA) requires transportation agencies to demonstrate compliance with Title VI by submitting a Title VI Program Update every three years. The City Council must approve the Title VI Program Update prior to its submittal. Please see the attached report.

Section 601 of Title VI of the Civil Rights Act of 1964 (Title VI) states the following:

The Title VI Program Update consists of a report and supporting documentation that provides evidence of the equitable distribution of services; promotion of full and fair participation in public transportation decision-making without regard to race, color, or national origin, and meaningful access to transit-related programs and activities by persons with Limited English Proficiency.

FTA issued a new guidance (FTA C 4702.1B) relating to Title VI compliance in October 2012. The new guidance clarified and expanded on the original requirements by, among other things, including the additional requirement of preparing a Public Participation Plan.

2.2.2. FTA Staff Report
December 13, 2022
Page Two
The City of Compton has completed the Title VI Program Update that incorporates all of the requirements set forth in the FTA Circular 4702.1B. There are 8 requirements below under Title VI that the City of Compton must report on as follows:

1. The provision of notice to beneficiaries of their civil rights

2. The existence of complaint procedures and a compliant form

3. A list of all transit-related complaints, investigations, or lawsuits

4. A Public Participation Plan

5. A Language Assistance Plan

6. The collection and reporting on demographic data

7. The requirement to monitor transit service

8. The requirement to evaluate service and fare changes

STATEMENT OF THE ISSUE
Before submitting the completed Title VI Program Update, City Council must approve the program as submitted. A copy of the resolution will be submitted to the FTA as evidence of this approval.

ALTERNATIVE
Failure to submit a Title VI Program Update or to have a Title VI Program Update approved by FTA could result in the loss of federal funding. Therefore, no other alternative is being recommended.

FISCAL IMPACT
The action requested in this report has no direct impact.

RECOMMENDATION
Staff recommends that the City Council adopt the attached resolution.

ALVIN BAUTISTA, P.E.

CITY ENGINEER
APPROVED FOR FORWARDING:

THOMAS THOMAS

CITY MANAGER
RESOLUTION NO.__________________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON

ADOPTING THE TITLE VI PROGRAM UPDATE PURSUANT TO THE
CIVIL RIGHTS ACT OF 1964 AND AUTHORIZING THE CITY MANAGER

TO SUBMIT THE REPORT TO THE FEDERAL TRANSPORTATION

ADMINISTRATION
WHEREAS,Title VI of the Civil Rights Act of 1964 (Title VI) prohibits discrimination on the basis of race, color, and national origin in programs that receive federal funding; and
WHEREAS, the Federal Transportation Administration (FTA) requires transportation agencies to demonstrate compliance with Title VI by submitting a Title VI Program Update every three years; and
WHEREAS, the City Council must approve the Title VI Program Update prior to its submittal; and
WHEREAS, Section 601 of Title VI of the Civil Rights Act of 1964 (Title VI) states the following:

No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance; and
WHEREAS, the Title VI Program Update consists of a report and supporting documentation that provides evidence of the equitable distribution of services; promotion of full and fair participation in public transportation decision-making without regard to race, color, or national origin, and meaningful access to transit-related programs and activities by persons with Limited English Proficiency; and
WHEREAS, FTA issued new guidance (FTA C 2702.1B) relating to Title VI compliance in October 2012 and the new guidance clarified and expanded on the original requirements by, among other things, including the additional requirement of preparing a Public Participation Plan; and
WHEREAS, before submitting the completed Title VI Program Update, City Council must approve the program and a copy of the resolution will be submitted to the FTA as evidence of its approval.

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

SECTION 1.That the City Council has approved the attached Title VI Report and does hereby authorize the City Manager to submit the Title VI Program Update to the FTA pursuant to the Civil Rights Act of 1964.

SECTION 2.That copies of this resolution shall be filed in the offices of the City Manager, City Attorney, City Controller, City Clerk, and the Public Works Department.

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
RESOLUTION NO.____________
Page Two
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 passed and 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 the _______ day of ___________________, 2022, by the following vote:

AYES: COUNCILMEMBERS-
NOES: COUNCILMEMBERS-
ABSTAIN: COUNCILMEMBERS-
ABSENT: COUNCILMEMBERS-
___________________________________

CITY CLERK OF THE CITY OF COMPTON
1 2022
City of Compton: 205 South Willowbrook
Avenue, Compton, CA 90220, 310-605-5505,
www.comptoncity.org
9/30/2022

CITY OF COMPTON - FEDERAL

TRANSIT ADMINISTRATION

TITLE VI PROGRAM
2 TABLE OF CONTENTS
General Requirements and Guidelines
Introduction…………………………………………………………………………………….3
A. Notice of Civil Rights…………….…………………………………………………4
B. Civil Rights Policy…………………………………………………………………….5
C. Public Participation Plan/Process……………………………………………7 D. Language Assistance Plan…..………………………………………………….12
E. Minority Representation on Planning & Advisory Bodies……….16 F. Determination of Site of Location of Facilities………………………..17 Appendix A Civil Rights Complaint Form………………………………….18
Appendix B Limited English Proficiency (LEP) Data…………………..23 Appendix C Title VI Investigation, Complaints, and Law Suits…..25 Appendix D List of Notice Locations………………………………………….26
Appendix E Service Standards and Policies………………………………27 Appendix F Civil Rights Policy (Spanish)…………………………………..29 Fare Equity Analysis (Spanish)….…………………………..30
3 INTRODUCTION
The Title VI Program was prepared to ensure that the level and quality of the City of Compton’s Fixed Transit Routes and Dial-A-Ride services are provided in a non-discriminatory manner and that the opportunity for full and fair participation is offered to riders and other community members.

Additionally, through this program, the City of Compton has examined the need for services and materials for persons for whom English is not their primary language and who have a limited ability to read, write, speak, or understand English.

It is a matter of principle that the City of Compton is committed to ensuring that no person is excluded from participation in, or denied the benefits of, or subjected to discrimination in the receipt of any of the City of Compton’s transit services on the basis of race, color, or national origin. The contents of this program have been prepared in accordance with Section 601 of Title VI of the Civil Rights Act of 1964, FTA Circular 4702.1B, and Executive Order 13116 (Improving Access to Services for Persons with Limited English Proficiency). 4 The following Notice of Civil Rights will be posted on the City of Compton’s website, aboard the fixed route and Dial-A-Ride (senior buses), and in the City Clerk’s office.

City of Compton Notice of Civil Rights
The City of Compton operates its programs and services without regard to race, color, and national origin in accordance with Title VI of the Civil Rights Act. In addition to Title VI, the City of Compton also prohibits discrimination based on sex, age, disability, religion, medical condition, marital status or sexual orientation. Any person who believes he or she has been aggrieved by any unlawful discriminatory practice may file a complaint with the City of Compton.

For more information on the City of Compton’s civil rights program and the procedure to file a complaint, please contact the City of Compton using the information listed below. 205 South Willowbrook Avenue, Compton, CA 90220, Public Works Department, 310-605-5505.

Aviso de cuidad of Compton opera sus programas y servicios sin distinction de raza, color u origen nacional, de acuerdo al Titulo VI del Acta de Derechos Civiles. En addicion al Titulo VI, Cuidad Compton tabien prohibe la discriminacion basada en el sexo, edad, discapacidad, religion, condicion medica, estado civil u orientacion sexual. Cualquier persona que considere que ha sido victim de alguna practica discriminatoria puede presenter una queja con Compton.

Para mas informacion acerca del programa de derechos civiles de Compton y del procedimiento para presenter una queja, por favor contacte a Compton usando la informacion que se presenta a continuacion.

Si se necesita información en otro idioma, por favor póngase en contacto con la ciudad de Compton 205 South Willowbrook Avenue, Compton, CA 90220, Public Works Department, 310-605-5505 or [email protected].
5 The following Complaint Procedures and the Complaint form is posted on the City of Compton’s website at www.comptoncity.org.

CIVIL RIGHTS POLICY
The City of Compton is committed to ensuring that no person is excluded from participation in, or denied the benefits of, its service on the basis of race, color or national origin as provided under Title VI of the Civil Rights Act. In addition to Title VI, the City of Compton also prohibits discrimination based on sex, age, disability, religion, medical condition, marital status or sexual orientation.

The City of Compton is committed to ensuring that the level and quality of transportation services are provided without regard to race, color, national origin, sex, age, disability, religion, medical condition, marital status or sexual orientation; promoting the full and fair participation of all potentially affected populations in transportation decision making; preventing denial, reduction, or delay in benefits related to programs and activities affecting minority and low- income populations; and providing meaningful access to the City of Compton services, programs, and activities by persons with Limited English Proficiency (LEP).

For additional information on the City of Compton’s obligation regarding non-discrimination, please write to: City of Compton, Civil Rights Compliance Manager, 205 South Willowbrook Avenue, Compton, CA 90220.

HOW TO FILE A TITLE VI COMPLAINT
Any person who believes he or she may have been discriminated against on the basis of race, color, national origin, sex, age, disability, religion, medical condition, marital status, sexual orientation or English proficiency may file a complaint with the City of Compton’s Public Works Engineering Department.

Civil Rights complaints should be filed immediately. However, the City of Compton will investigate complaints up to 180 days after the alleged incident. The City of Compton will process complaints that are complete. Once the complaint is received, the City of Compton will review it and the complainant will receive an acknowledgement letter informing them whether the complaint will be investigated by the City of Compton.

The City of Compton has up to thirty (30 days) to investigate the complaint. If more information is needed to resolve the case, the City may contact the complainant. The complainant has thirty days from the date of the letter to send requested information to the investigator assigned to the case.
6 If the City’s investigator is not contacted by the complainant or does not receive the additional information within thirty days, the City can administratively close the case. A case can be administratively closed also if the complainant no longer wishes to pursue their case.

After the investigator reviews the complaint, one of two letters will be issued to the complaint:
a closure letter or a letter of finding. A closure letter summarizes the allegations and states that there was not a Title VI violation and that the case will be closed.

A letter of finding summarizes the allegations and the interviews regarding the alleged incident, and explains whether any disciplinary action, additional training of the staff member (s), or other action will occur. If the complainant wishes to appeal the decision, she/he has ten days after the date of the letter or the letter of finding to do so.

Written complaints may be sent to the City of Compton, 205 South Willowbrook Avenue, Department of Public Works Engineering Department, Compton, CA 90220, or an online complaint form may be accessed at the City of Compton’s website at www.comptoncity.org.

Once completed, the complaint should be forwarded to the City of Compton, Public Works Department Engineering, 205 South Willowbrook Avenue, Compton, CA 90220.

In addition to utilizing the Civil Rights complaint process at the City of Compton, a complaint may file a Title VI complaint concerning race, color or national origin discrimination with the Federal Transit Administration Office of Civil Rights Attention: Title VI Program Coordinator East Building, 5th Floor – TCR 1200 New Jersey Ave., SE Washington, DC 20590.

Active Lawsuits, Complaints or Inquiries Alleging Discrimination The City of Compton maintains a list of active investigations conducted by entities other than FTA, including lawsuits and complaints naming the City of Compton that alleged discrimination on the basis of race, color, or national origin has been provided under Title VI of the Civil Rights Act. In addition to Title VI, the City of Compton also prohibits discrimination based on sex, age, disability, religion, medical condition, marital status or sexual orientation.

As of the writing of this program, there were no complaints pending which alleges discrimination on the basis of race, color, national origin or any other form of discrimination. 7 CITY OF COMPTON’S PUBLIC PARTICIPATION PLAN
Key Principles
The City of Compton Public Participation Plan has been prepared to ensure that no one is precluded from participating in the City of Compton’s service planning and development process. It ensures that:

Potentially affected community members will have an appropriate opportunity to participate in decisions about a proposed activity that will affect their environment and/or health; The public’s contribution can and will influence the City of Compton’s decision making; The concerns of all participants involved will be considered in the decision-making process; and
The City of Compton will seek out and facilitate the involvement of those potentially affected.

Through an open public process, the City of Compton has developed a public participation plan to encourage and guide public involvement efforts and enhance access to the City of Compton’s transportation decision-making process by minority, low-income, disabled, and the Limited English Proficient (LEP) populations. The public participation plan describes the overall goals, guiding principles and outreach methods that the City of Compton uses to reach its riders.

Limited English Proficient (LEP) refers to persons for whom English is not their primary language and who have a limited ability to read, write, speak, or understand English. It includes people who reported to the U.S. Census that they speak English less than very well, not well, or not at all.

The steps outlined in the Public Participation Plan offer early, continuous and meaningful opportunities for the public to be involved in the identification of social, economic and environmental impacts of proposed transportation decisions in the City of Compton. It is a guide for how the City engages its diverse community. The City may continue to improve its public participation methods over time based on feedback from all of its riders and community members including low-income, the disabled, minority and LEP populations as well as customer and community-based organizations.
8 Goals of the Public Participation Plan
The goals of the City of Compton’s participation plan include:

Public Participation – the process that clearly identifies and communicates where and how participants can have influence and directly impact decision making.

Commitment- how the City of Compton communicates regularly with our riders to develop trust with riders and build the community’s capacity to provide public input.

Diversity – our participants represent a range of socioeconomic, ethnic and cultural perspectives, with representative participants including residents from low income neighborhoods, the disabled, ethnic communities and residents from Limited English Proficiency.

Accessibility – to provide every reasonable effort to ensure that opportunities to participate are physically, geographically, linguistically, and culturally accessible.

Relevance – to ensure issues are framed in such a way that the significance and potential effect is understood by participants.

Participant Satisfaction – to ensure that people who take the time to participate feel it is worth the effort to join the discussion and provide feedback.

Partnerships – to develop and maintain partnerships with communities through the methods described in its public participation plan.

Quality Input and Participation – that comments received by the City of Compton are useful, relevant and constructive, contributing to better plans, projects, strategies and decisions.

OBJECTIVES OF THE PUBLIC PARTICIPATON PLAN
The City of Compton’s Public Participation Plan is based on the following principles:

Flexibility – the engagement process will accommodate participation in a variety of ways and be adjusted as needed.

Inclusiveness – the City of Compton will proactively reach out to and engage low income, minority and LEP populations from the City’s service area.

Respect – all feedback will be given careful and respectful consideration. 9 Proactive and Timeliness – participation methods will allow for early involvement and be ongoing.

Clear, Focused and Understandable – participation methods will have a clear purpose and use for providing input and will be described in a language that is easy to understand.

Honest and Transparent – information provided will be accurate, trustworthy and complete.

Responsiveness – respond and incorporate appropriate public comments into transportation decisions.

Accessibility – meetings will be held in locations which are ADA accessible and welcoming to all residents, including, but not limited to, low-income and minority members of the public and in locations relevant to the topics being presented and discussed. Meetings will also be held at various times to accommodate individuals who have non-traditional work schedules.

The City of Compton will use its public participation plan when considering fare changes, modifications to routes and schedules and other transit planning projects when:
A fare increase or significant change in the method of fare payment is being considered; A new route is established;
An existing route is proposed for elimination;
Considering the total discontinuance of service on any line or group of lines on any given day where service is currently offered;
Any system-wide change in service hours that exceeds 10% of the current total service hours;
Routing on any given route or group of routes that affects more than 25% of the riders using the affected route (s); or
Schedules are changed on any given route or group of routes that reduces the total number of one-way bus trips by more than 25% of the current number of bus trips; and For minor schedules and service changes not rising to the level of those above, the City will post service change notices on appropriate buses and stops thirty (30) days in advance of the change date.

The City has not had any major changes since the last Title VI report update. The City will however continue to make every effort to communicate to the community through the use of the City’s websites, community meetings, flyers, and social media. The City will continue to provide promotional material, notices, and fliers as part of its outreach efforts. 10 PUBLIC PARTICIPATION PROCESS
The City of Compton public participation plan includes many mediums such as legal notices and the City’s website. While there may be minor variation in the outreach process from time to time, the outline below provides the general steps for engaging riders in the decision making process.

1. A service, route, or fare change proposal is developed internally;

2. Ensure that the proposed change meets the Title VI requirements;

3. Authorization for a public hearing is approved by the City Council;

4. Public outreach venues, dates and times are determined with consideration of the proposed changes and their impact on specific locations/populations within the City of Compton’s service area;

5. Bilingual (English and Spanish) public outreach materials and programs are developed;

6. Notice of Public Hearing to be published in the newspaper, posted on the City’s website, as well as faith based and community organizations.

7. Public meetings;

8. Comments from the public are heard;

9. A staff report, resolution, and pertinent documents are presented to the City Council at its meeting detailing the outcome of the public participation process along with staff’s recommendations;

10. The final service/fare change date is set;

11. Bilingual system time tables and website updated in advance of proposal change.

City of Compton Outreach Notification Methods (Bi-lingual) Print – newspapers
Outdoor – advertising on-board buses and in bus shelters City’s website
Social Media (i.e. Facebook)
Public Hearings/City Council meeting
Legal Notices
Translation Services
Members of the community should contact the City of Compton at 205 South Willowbrook Avenue, Compton, CA 90220, Public Works Engineering Department, 310-605-5505, within 72 hours before the translation service request is needed. 11 Addressing Comments
All comments received through the public participation plan are given careful, thoughtful consideration. Because there are a number of different ways riders or members of the community can comment on proposed service or fare changes, all comments are assembled into a single document for presentation to the City Council for consideration.

Identification of Stakeholders
Stakeholders are those who are either directly or indirectly affected by a plan, or the recommendations of that plan. Those who may be adversely affected, or who may be denied the benefit of a plan’s recommendation (s) is of particular interest in the identification of a specific stakeholders. Stakeholders can come from a number of groups including citizens/residents, minority and low-income communities, communities with disabilities, public agencies, and private organizations and businesses. While stakeholders may vary based on the plan or program being considered, the City of Compton will assemble a list with whom we regularly communicate with.
12 LANGUAGE ASSISTANCE PLAN
Purpose of the Language Assistance Plan
Title VI of the Civil Rights Act of 1964 prohibits discrimination on the basis of race, color, and national origin in programs and activities receiving federal financial assistance. One critical concern addressed by Title VI is the language barrier that Limited English Proficiency (LEP) persons face with respect to accessing information about and using transit service. Transit operators must ensure that this group has adequate access to the agency’s programs and activities, including public participation opportunities.

Executive Order 13166, titled “Improving Access to Services for Persons with Limited English Proficiency,” forbid funding recipients from “restricting an individual in any way in the enjoyment of any advantage or privilege enjoyed by others receiving any service, financial aid, or other benefit under the program,” or from “utilize [ing] criteria or methods of administration which have the effect of subjecting individuals to discrimination because of their race, color, or national origin, or have the effect of defeating or substantially impairing accomplishment of the objectives of the program as respects to individuals of a particular race, color, or national origin.”
FTA Circular 4702.1B was developed by the Federal Transit Administration (FTA) and details the administrative and reporting requirements for recipients of FTA financial assistance to comply with Title VI and related executive orders including on LEP.

The United States Department of Transportation (DOT) published guidance that directed its recipients to ensure meaningful access to the benefits, services, information, and other important portions of their programs and activities for LEP customers.

In order to ensure meaningful access to programs and activities, the City of Compton uses the information obtained in a Four Factor Analysis to determine the specific language services that are appropriate. This analysis helps the City of Compton determine if it communicates effectively with the Limited English Proficiency (LEP) person and inform language access planning.

The Four Factor Analysis is a local assessment that considers:

1. The number or proportion of LEP persons eligible to be served or likely to be encountered by the City of Compton;

2. The frequency with which LEP persons come into contact with the City of Compton services and programs;
13 3. The nature and importance of the City of Compton’s services and programs in people’s lives; and

4. The resources available to the City of Compton for LEP outreach as well as the costs associated with that outreach.

Factor 1 – Number of LEP Persons in Service Region
The first step in determining the appropriate components of a Language Assistance Plan is understanding the proportion of LEP persons who may encounter the City of Compton’s services, their literacy skills in English and their native language, the location of their communities and neighborhoods, and more importantly, if any are underserved as a result of a language barrier.

To do this, the City of Compton evaluated the level of English literacy and to what degree people in its service area speak a language other than English and what those languages are.

Data for this review is derived from the United States Census Bureau “American Fact Finder” web portal data from 2010-2014.

Based upon the census data obtained, Spanish is the language group that constitutes five percent (5%) or 1,000 persons of the total population of persons eligible to be served or likely to be affected or encountered with the written translation obligations. Please see Appendix B.

Factor 2 – Frequency of LEP Use
There are a large number of places where the City of Compton riders and members of the LEP population can come into contact with the City of Compton services including the use of fixed route transit services. The City’s major point of contact will include communication with our bus operators, customer service center, and office staff regarding calls from patrons speaking languages other than English. The City will survey these groups annually. Based upon current data, the translation from Spanish to English is the area where language assistance is needed.

The City of Compton will survey key program areas and assess major points of contact with the public, such as
Use of bus service
Participation in public meetings
Customer service interactions
Ridership surveys
Bus Operators surveys to determine the frequency of contact with the LEP Community Facilitate meetings with seniors and people with disabilities 14 FACTOR 3-THE IMPORTANCE OF THE CITY OF COMPTON SERVICE TO PEOPLE’S LIVES
Access to the services provided by the City of Compton’s fixed route and para-transit services are critical to the lives of many in the region. From July 1, 2018 to June 30, 2019, 57,461 passengers travelled aboard the City’s fixed transit routes. Many depend on fixed route and para-transit services for access to jobs and for access to essential community services like schools, shopping and medical appointments. Riders eligible for service under the Americans with Disabilities Act (ADA) require service for the same reasons. Because of the essential nature of the services and the importance of these programs in the lives of many of the region’s residents, there is a need to ensure that language is not a barrier to access our transit services.

The City will survey our riders to obtain a better understanding of the importance of the City’s transit services to the lives of the LEP community, seniors, and our disabled riders in the community.

FACTOR 4 – RESOURCES AND COSTS FOR LEP OUTREACH
The City provides bilingual pay to employees who are assigned to provide bilingual translation services. Employees are required to pass a qualifying examination administered by the City’s Human Resources Department to determine their proficiency for bilingual assignments.

Language Assistance Plan
The City of Compton is committed to providing resources to improve access to its services and programs for LEP persons. Bilingual information (English/Spanish) will be distributed in a number of methods including:
Bilingual English/Spanish system timetable
Bilingual English/Spanish representation at public meetings Bilingual English/Spanish outreach material
Provide training to staff to help them interact with the LEP community Provide translation assistance for members of our LEP community The City of Compton will provide notices on all our buses and frequently utilized public facilities such as City Hall, the library, the senior citizen center, transit center and the community college regarding providing language assistance to our LEP residents. The City will consider using a 3 rd party translation service to assist with oral translation for Spanish speaking or other required languages if necessary. The City will also monitor, evaluate, and update the language access 15 plan. The costs associated with these efforts fit within the City of Compton’s marketing and outreach budget.

The Translation of Vital Documents
The City translated vital documents into Spanish. The translation of vital documents included, but not limited to, the following documents: consent and complaint forms, intake and applications forms with the potential for important consequences, written notices of rights, written notices of losses or decreased in benefits or services, notices informing LEP persons of free language assistance services, ADA complimentary para-transit applications and other documents that provide access to essential services, Title VI Civil Rights Notice, Title VI Complaint form, and Title VI Complaint Procedures. The translation of the documents was completed.

Training Staff
Training will be an on-going activity. The Title VI policy will be provided annually to all employees who come into contact with our LEP community. The City will provide training for basic language translation when requested. The training of appropriate staff to include providing training to drivers or staff members who may lack sensitivity or who respond inappropriately to persons with limited English proficiency. The City believes in empowering employees by providing them opportunities to learn Spanish.

Providing Notice to LEP Persons
LEP persons will be notified of the language services available through the Compton Renaissance by the following means:
On-board posters and posters at bus shelters
Posting signs at the entry point of our transit facility Website posting
Notices on bus schedules
Monitoring and Updating the LEP Plan
The City of Compton will continue to use the LEP Plan as an active planning tool with appropriate updates to the plan every 3 years as data and demographics in ridership changes occur. The City will continue to outreach to organizations that advocate for persons with Limited English Proficiency. The City will provide training to staff to adequately serve the needs of our customers. The City will provide the appropriate resources necessary to ensure that the needs of our LEP population are met.
16 Minority Representation on Planning and Advisory Bodies This section does not apply to the City of Compton as the City does not have a transportation related planning board.
17 Determination of Site of Location of Facilities
This section does not apply to the City of Compton as the City has not used FTA funds for construction purposes.
18 City of Compton Office: (310) 605-5505
Public Works Department Fax: (310) 605-6326
205 South Willowbrook Avenue
Compton, CA 90220
Appendix A
Civil Rights Complaint Form
Title VI of the 1964 Civil Rights Act and related nondiscrimination statutes and regulations require that no person in the United States shall, on the ground of race, color or national origin be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. The City of Compton also prohibits discrimination based on sex, age, disability, religion, medical condition, marital status, or sexual orientation.

In addition to utilizing the Civil Rights complaint process in the City of Compton, a Complainant may file a Title VI complaint concerning race, color or national origin discrimination with the Federal Transit Administration Office of Civil Rights Attention: Title VI Program Coordinator East Building, 5th Floor – TCR 1200 New Jersey Ave., SE Washington, DC 20590. A Complainant may file an Americans with Disabilities Act (ADA) complaint with the FTA, Director, FTA Office of Civil Rights, East Building – 5th Floor, TCR, 1200 New Jersey Ave., SE, Washington, DC 20590.

Complainants may also contact the FTA ADA Assistance Line, 1-888-446- 4511 (Voice) or through the Federal Information Relay Service, 1-800-877- 8339 or by electronic mail at [email protected]. The FTA ADA Complaint form is available at
http://www.fta.dot.gov/civilrights/12875_14816.html.

The following information is necessary to assist us in processing your complaint. Should you require assistance in completing this form, please let us know.

Complete and return this form to: City of Compton, Public Works Department, 205 South Willowbrook Avenue, Compton, CA 90220. 19 1. Complainant’s Name:

2. Address:

3. City: State: Zip Code:

4. Telephone Number (home): (business):

5. Person discriminated against (if someone other than the Complainant):

Name:

Address:

City: State: Zip Code:

6. Which of the following best describes the reason you believe the discrimination took place? Was it because of your:
a. Race b. Color c. National Origin d. Sex e. Age f. Disability

g. Religion h. Medical Condition i. Marital Status
j. Sexual Orientation

7. What date did the alleged discrimination take place?

8. In your own words, describe the alleged discrimination. Explain what happened and whom you believe was responsible. Please use the back of this form if additional space is required.
_________________________________________________________ _________________________________________________________ _________________________________________________________ _________________________________________________________

9. Have you filed this complaint with any other federal, state, or local agency; or with any federal or state court? Yes: No:

If yes, check each box that applies:

Federal agency Federal court State agency
20 State court Local agency

10. Please provide information about a contact person at the agency/court where the complaint was filed.

Name:

Address:

City: State: Zip Code:

11. Please sign below. You may attach any written materials or other information that you think is relevant to your complaint.

Complainant’s Signature Date
21 City of Compton Office: (310) 605-5505
Public Works Department Fax: (310) 605-6326
205 South Willowbrook Avenue
Compton, CA 90220
Formulario de Denuncia de Derechos Civiles
El Titulo VI de la Ley de Derechos Civiles de 1964 y estatutos y reglamentos relacionados con la no discriminacion requieren que ninguna persona en los Estados Unidos, por motive de razo, color u origen nacional, sea excluida de participacion, le sean negados beneficios o sea sujeta a discriminacion bajo ningun programa o actividad que reciba asistencia financier federal.

Ademas del Titulo VI, Metro tambien prohibe la discriminacion basada en sexo, edad, discapacidad, religion, condicion medica, estado civil u orientacion sexual. Además de utilizar el proceso de la queja de las derechas civiles en la ciudad de Compton, un Complainant puede archivar una queja del título VI referente la raza, el color o a la discriminación nacional con la administración federal del tránsito (FTA), Federal Transit Administration Office of Civil Rights Attention: Title VI Program Coordinator East Building, 5th Floor – TCR 1200 New Jersey Ave., SE Washington, DC 20590
La siguiente informacion es necesaria para ayudarnos a procesar su denuncia. Si usted necesita ayuda para completer este formulario, por favor contactenos.

Complete y envie este formulario a: City of Compton, Public Works Department, 205 South Willowbrook Avenue, Compton, CA 90220.

1. Nombre del denunciante:____________________________________

2. Domicilio:_______________________________________________

3. Ciudad:__________________Estado:_________Codigo Postal:______

4. Numero de telefono (casa)_____________(trabajo):______________

5. Persona que sufrio la discriminacion (si es diferente a la personal que presenta la denuncia):

Nombre:_________________________________________________ Direccion:________________________________________________ 22 Ciudad:_________________Estado:_________Codigo Posatal______

6. Cual de las siguientes razones describe major la razon por la cual usted cree que ocurrio la discriminacion? Fue debido a su:
a. Raza b. Color c. Origen Nacional

d. Sexo e. Edad f. Discapacidad

g. Religion h. Condicion medica i. Estado civil
j. Orientacion sexual

7. ¿Qué fecha la discriminación alegada ocurrió?

8. En sus propias palabras, describa la discriminación alegada. Explique qué sucedió y quién usted cree era responsable. Utilice por favor la parte posteriora de esta forma si se requiere el espacio adicional. _________________________________________________________ _________________________________________________________ _________________________________________________________

9. Tiene usted archivado esta queja con cualquier otro federal, estado, o agencia local; ¿o con corte federal o del estado? Sí:

No:

Si sí, compruebe cada caja que se aplique:

Agencia federal Corte federal Agencia del estado Corte del estado Agencia local

10. Proporcione por favor la información sobre una persona del contacto en la agencia/la corte donde la queja fue archivada.

Nombre:

Dirección:

Ciudad: Estado: Código postal :

11. Por favor muestra abajo. Usted puede unir cualquier material escrito o la otra información que usted piensa es relevante a su queja.

Firma de Complainant Fecha 23 Appendix B
LEP Data
Table 1. Ability to Speak English, Five Years and Older Population
5 and
Older
Speak
English
Only
Speak
English
Very Well
Speak
English
Not Well
Speak
English
Not at All
LEP
Population
<Well
Number 89,665 32,401 34,547 8,792 5,866 1,658 Percent 36.1% 38.5% 9.8% 6.5% 16.3%
Table 2. Ability to Speak English by Language Category
Spanish Asian and Pacific Island Other Indo-European Other Languages English
Proficiency
Population
Percentage
within
Language
Category Population
Percentage
within
Language
Category Population
Percentage
within
Language
Category Population
Percentage
within
Language
Category
Speak Very
Well 34,013 81.5% 222 46.7% 151 84.4% 161 83%
Speak Less
Than Well 7,745 18.5% 253 53.3% 28 15.6% 33 17%
Non-LEP
Total 41,758 100% 475 100% 179 100% 194 100%
LEP Population
Speak Not
Well 8,700 59.9% 92 69.7% 0 0 0 0
Speak Not
at All 5,826 40.1% 40 30.3% 0 0 0 0
LEP Total 14,526 100% 132 100% 0 0 0 0

Overall
Total 56,284 100% 607 100% 179 100% 194 100%
Source: American Community Survey 2018 5-Year Population 24 Table 3. Language Spoken at Home
Language Spoken at Home
(Age 5 and Older)
Number of
People
Percent of Total
Population
Spanish or Spanish Creole 56,284 61%
English 33,844 38%
Other Pacific Island Languages 299 .3%
African Languages 156 .2%
Korean 145 .2%
Thai 106 .1%
French 66 .1%
Vietnamese 41 .05%
Russian 32 .04%
Hindi 30 .03%
Portuguese 9 0
German 6 0
Armenian 1 0
Other Indic languages 25 0
Other Indo-European languages 18 0
Chinese 11 0
Japanese 21 0
Tagalog 24 0
Total Population 89,615 100.0%
Source: 2015 American Community Survey 5 Year Estimates 25 Appendix C

CITY OF COMPTON
As of the writing of this program, there are 0 complaints pending which allege discrimination on the grounds of race, color, or national origin.

Type
(Investigation,
Lawsuit,
Complaint)
Date Summary of Complaint Status Action(s) Taken
26 Appendix D
List of Locations Where Title VI Notice Is Posted
The City of Compton notice to the public is currently posted at the following locations:

Location Name Address City
City Hall 205 South Willowbrook Avenue Compton
City Clerks Office 205 South Willowbrook Avenue Compton The Title VI notice and program information is also provided on the City of Compton’s website at www.comptoncity.org.
27 Appendix E

CITY OF COMPTON SERVICE STANDARDS
Vehicle Type Average Passenger Capacities
Seated Standing Total Maximum Load Factor
El Dorado
-
Standard
30 10 40 1.3
El Dorado
-
Standard
30 10 40 1.3
El Dorado
-
Standard
30 10 40 1.3
El Dorado
-
Standard
30 10 40 1.3
El Dorado
-
Standard
30 10 40 1.3
The average of all loads during the peak operating period should not exceed vehicles’ achievable capacities which are 40 passengers for the 5 El Dorado Standard buses.

Service Standards and Policies
Trip and Route Productivity Standards
The number of trips for each route where passenger loads are greater than available seats will be reviewed each month. Should standing loads continue to occur, service modifications will be considered.

Vehicle headway
Vehicle headway is the amount of time between two vehicles traveling in the same direction on a given line or combination of lines. A shorter headway corresponds to more frequent service.

The City of Compton’s vehicle headway standard is related to vehicle load and trip productivity.

To this end, the City will reduce headways first on trips and/or routes with the highest vehicle load factors and/or customer per trip and increase headways first on trips and/or routes with the lowest customers per trip and/or fare box recovery ratios. Routes 1-5 have Vehicle 28 Headways of 20 minutes for peak and off peak hours, Monday through Friday 6:00 am – 3:30 pm and Saturdays 9:00 am – 3 pm.

On-Time Performance
On-time performance is a measure of trips completed as scheduled. On-time is defined as a bus that departs a stop between zero and five minutes after the scheduled departure time from the first point of departure of a trip. The City is expected to meet this standard for at least 80% of all trips.

Service Availability
The Compton Renaissance Transit System provides a vital public service to the residents of the City of Compton by providing transit services to allow better access to jobs, local retail establishments, and schools in the City of Compton. The City has 5 routes that service the entire community. The stops are conveniently located less than ¼ mile walking distance of residents.

The five bus lines originates in the central business district and covers every district of the City.

Distribution of Transit Amenities
Transit amenities refer to items of comfort, convenience, and safety that are available to the customers. The City has bus shelters at the bus stops distributed throughout the City. In 2012, the City built a new transit center with bus shelters in the central business district. The bus shelters are centrally located to accommodate the passengers who utilize the transit system throughout the City.

Vehicle Assignment
Vehicle assignment refers to the process by which transit vehicles are placed into service on routes throughout the transit system. The City has a policy related to vehicle assignment. As a cost saving measures, the City assigns buses with the lowest operating costs to the longest routes.

Service and Fare Equity Analysis
The City of Compton does not operate 50 or more fixed route vehicles during peak service and the City is not located in a UZA of 50,000 or more individuals. 29 Appendix F
CÓMO ARCHIVAR UN TÍTULO VI QUEJA
Cualquier persona que crea lo o la pudo haber sido discriminada contra en base de la raza, color, origen nacional, sexo, edad, inhabilidad, religión, condición médica, estado civil, orientación sexual o la habilidad inglesa puede archivar una queja con la ciudad de los trabajos públicos de Compton/del departamento municipal de las utilidades.

Las quejas de las derechas civiles se deben archivar inmediatamente. Sin embargo, la ciudad de Compton investigará quejas hasta 180 días después del incidente alegado. La ciudad de Compton procesará las quejas que son completas.

Una vez que se reciba la queja, la ciudad de Compton la repasará y la voluntad complainant recibe una letra del reconocimiento que les informa si la queja será investigada por la ciudad de Compton.

La ciudad de Compton tiene hasta treinta (30 días) para investigar la queja. Si más información es necesaria resolver el caso, la ciudad puede entrar en contacto con el complainant. El complainant tiene treinta días a partir de la fecha de la letra a enviar solicitó la información al investigador asignado al caso.

Si el complainant no entra en contacto con ni recibe al investigador de la ciudad la información adicional en el plazo de treinta días, la ciudad puede administrativo cerrar el caso. Un caso puede administrativo ser cerrado también si el complainant desea no más perseguir su caso.

Después del investigador repasa la queja, una de dos letras será publicado a la queja: una letra del encierro o una letra de encontrar. Una letra del encierro resume las alegaciones e indica que no había una violación del título VI y que el caso será cerrado.

Una letra de encontrar resume las alegaciones y las entrevistas con respecto al incidente alegado, y explica si ocurrirán la alguna acción disciplinaria, entrenamiento adicional del miembro del personal (s), o la otra acción. Si los deseos complainant para abrogar la decisión, she/he tienen diez días después de la fecha de la letra o de la letra de encontrar a hacer tan. 30 Las quejas escritas se pueden enviar a la ciudad de Compton, a la avenida del sur de 205 Willowbrook, al departamento de obras públicas/del departamento municipal de las utilidades, a Compton, a CA 90220, o a una forma en línea de la queja puede ser alcanzado en la ciudad del Web site de Compton en www.cityofcompton.org. Una vez que esté terminada, la queja se deba remitir a la ciudad de Compton, trabajos públicos/departamento municipal de las utilidades, avenida del sur de 205 Willowbrook, Compton, CA 90220.

Además de utilizar el proceso de la queja de las derechas civiles en la ciudad de Compton, un Complainant puede archivar una queja del título VI referente la raza, el color o a la discriminación nacional con la administración federal del tránsito (FTA), Federal Transit Administration Office of Civil Rights Attention: Title VI Program Coordinator East Building, 5th Floor – TCR 1200 New Jersey Ave., SE Washington, DC 20590
Pleitos activos, Compliants o investigaciones alegando la discriminación La ciudad de Compton mantiene una lista de las investigaciones activas conducidas por las entidades con excepción de FTA, incluyendo los pleitos y las quejas que nombran la ciudad de Compton que alegan la discriminación en base de la raza, del color, o del origen nacional en la manera prevista bajo título VI del acto de las derechas civiles. Además del título VI, la ciudad de Compton también prohíbe la discriminación basada en sexo, edad, inhabilidad, la religión, la condición médica, el estado civil o la orientación sexual.

En fecha la escritura de este programa, no había quejas pendientes que alega la discriminación en base de la raza, del color, del origen nacional o de cualquier otra forma de discriminación.
31 CITY OF COMPTON ELECTED OFFICIALS
Emma Sharif, Mayor
Deidra Duhart, Councilmember, District 1
Andre Spicer, Councilmember, District 2
Jonathan Bowers, Councilmember, District 3
Lillie Darden, Councilmember, District 4
Eric J. Perrodin, City Attorney
Alita Godwin, CMC, City Clerk
Brandon Mims, City Treasurer
Thomas Thomas, City Manager
December 13, 2022
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: PUBLIC WORKS
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON

AUTHORIZING THE CITY MANAGER TO ISSUE PURCHASE ORDERS

TO ONE OR MORE VENDORS (JANKOVICH, SC FUELS AND WOOD

OIL) FOR THE PURCHASE OF GASOLINE AND DIESEL FUEL FOR THE CITY’S FLEET IN AN AMOUNT NOT TO EXCEED ONE HUNDRED

SEVENTY THOUSAND FOUR HUNDRED NINETY-NINE DOLLARS
($170,499) AND THE CITY OF COMPTON FIRE DEPARTMENT IN AN AMOUNT NOT TO EXCEED NINETY THOUSAND DOLLARS ($90,000)

SUMMARY
This resolution will authorize the City Manager to establish purchase orders to one or more vendors (Jankovich, SC Fuels and Wood Oil) for the purchase of regular and diesel fuel for the Public Works Street Maintenance Department – Fleet Operations Division and the City of Compton Fire Department in an amount not to exceed One Hundred Seventy Thousand Four Hundred Ninety-Nine Dollars ($170,499.00) and Ninety Thousand ($90,000) respectively.

BACKGROUND
The City of Compton Public Works Street Maintenance Department - Fleet Operations Division is responsible for the acquisition of unleaded and diesel fuel for citywide use.

Fleet Operations - Fuel Division manages the delivery of fuel to the fuel station located in the Public Works Yard at 458 N. Alameda Street. The Fuel Division conducts daily fuel site inspections to meet local, state and federal reporting requirements and repairs, monitors and maintains the fuel site.

The City of Compton Fire Department is responsible for the acquisition of diesel fuel for Fire Department use for emergency vehicles. The Fire Department manages delivery of fuel to the fuel station located at Fire Station 3, 1133 W. Rosecrans Avenue. The Fire Department conducts daily fuel site inspections to meet local, state and federal reporting requirements and repairs, monitors and maintains the fuel site.

The price and availability of fuel has been unpredictable during previous fiscal years and has caused the Public Works Department/Fire Department to request the ability to purchase from multiple fuel vendors during the fiscal year. The Public Works Department/Fire Department is requesting the authority to obtain the lowest fuel prices per gallon from three (3) fuel providers: Jankovich, SC Fuels and Wood Oil who all provide fuel service to local governments and other business fueling stations.

3.3.3. Staff Report for Jankovich, SC Fuels and Wood Oil for the Purchase of Fuel 2022-2023 December 13, 2022

STATEMENT OF THE ISSUE
The Public Works Street Maintenance Department – Fleet Operations Division and the City of Compton Fire Department are both responsible for providing fuel for citywide usage for vehicles, emergency vehicles and equipment. Staff is requesting the ability to purchase fuel for fiscal year 2022-2023 (i.e. July 1, 2022 – June 30, 2023) for the Public Works Street Maintenance Department in the amount of One Hundred Seventy Thousand Four Hundred Ninety-Nine Dollars $170,499.00 and the City of Compton Fire Department in the amount of Ninety Thousand Dollars $90,000.

The funding to be allocated to one or more of the following fuel vendors:
Jankovich
SC Fuels
Wood Oil
Staff solicited the following fuel quotes:

Company Name Red Diesel Fuel - Cents
per 7600 gallons
(Margin over OPIS
Daily Average)
87 Regular Fuel - Cents
per 7600 gallons
(Margin over OPIS Daily
Average)
Fire Dept. Diesel Fuel
Per 3000 gallons
Fire Department
Jankovich 0.0716 0.0700 0.900
SC Fuels 0.02 <0.04> (8000 gallons)
Per vendor same diesel
quote for Fire
Wood Oil 0.18 0.18
Per vendor same diesel
quote for Fire
OPIS (Oil Price Information Service) is a company providing pricing and news information for petroleum pricing, news and analysis for gasoline, diesel, ethanol, biodiesel, LP-gas, jet fuel, crude, natural gas, etc. (OPIS is the only provider of U.S. spot, rack and retail prices for petroleum supplier information).

FINANCIAL IMPACT
Funding is available in the Adopted 2022-2023 Fiscal Year Budget in Account 6000-720- 000-4228 (Gas Fuel Tax) - Public Works Street Maintenance Department in the amount of $170,499. and in Account 6000-690-000-4229 in the amount of $90,000 - City of Compton Fire Department.

RECOMMENDATION
It is recommended that the Mayor and City Council adopt the attached Resolution.

DAMION TIMMONS, STREET SUPERINTENDENT

PUBLIC WORKS STREET MAINTENANCE DEPARTMENT
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 ISSUE PURCHASE ORDERS TO

ONE OR MORE VENDORS (JANKOVICH, SC FUELS AND WOOD OIL) FOR THE PURCHASE OF GASOLINE AND DIESEL FUEL FOR THE CITY’S FLEET

IN AN AMOUNT NOT TO EXCEED ONE HUNDRED SEVENTY THOUSAND FOUR HUNDRED NINETY-NINE DOLLARS ($170,499) AND THE CITY OF

COMPTON FIRE DEPARTMENT IN AN AMOUNT NOT TO EXCEED NINETY THOUSAND DOLLARS ($90,000)
WHEREAS,this resolution will authorize the City Manager to establish purchase orders to one or more vendors (Jankovich, SC Fuels and Wood Oil) for the purchase of regular and diesel fuel for the City of Compton’s Fleet and Fire Department; and WHEREAS,the City of Compton Public Works Street Maintenance Department - Fleet Operations Division is responsible for the acquisition of unleaded and diesel fuel for citywide use; and
WHEREAS, the Fleet Operations - Fuel Division is responsible for the acquisition of unleaded and diesel fuel for citywide use; and
WHEREAS, the Fuel Division manages the delivery of fuel to city sites and conducts daily fuel site inspections to meet local, state and federal reporting requirements and repairs, monitors and maintains fuel sites; and
WHEREAS, the City of Compton Fire Department is also responsible for the acquisition of diesel fuel for Fire Department use for emergency vehicles; and WHEREAS, the Fire Department manages delivery of fuel to Fire Station 1 and conducts daily fuel site inspections to meet local, state and federal reporting requirements and repairs, monitors and maintains the fuel site; and
WHEREAS, the price and availability of fuel has been unpredictable during previous fiscal years and has caused the Public Works Department to request the ability to purchase from multiple fuel vendors during the fiscal year; and WHEREAS,the Public Works Street Maintenance Department and City of Compton Fire Department is requesting the authority to obtain the lowest fuel prices per gallon from three (3) fuel providers such as: Jankovich, SC Fuels and Wood Oil who provide satisfactory fuel service to local government and other business fueling stations; and
WHEREAS, staff solicited the following fuel quotes from providers:

Company Name Red Diesel Fuel
Cents per 7600 gallons
(Margin over OPIS
Daily Average)
87 Regular Fuel
Cents per 7600
gallons (Margin over
OPIS Daily Average)
Fire Dept. Diesel Fuel
Cents per 3000 gallons
(Margin over OPIS
Daily Average)
Jankovich 0.0716 0.0700 0.900
SC Fuels 0.02 <0.04> (8800 gals)
Per vendor same diesel
cost for Fire
Wood Oil 0.18 0.18
Per vendor same diesel
cost for Fire
WHEREAS, funding for this expenditure is available in the Adopted 2022-2023 Fiscal Year Budget in Account Numbers 6000-720-000-4228 - Public Works Street Maintenance Department and in account 6000-690-000-4229 - Fire Department in the amounts of One Hundred Seventy Thousand Four Hundred Ninety-Nine Dollars ($170,499.00) and Ninety Thousand Dollars ($90,000) respectively.

RESOLUTION NO. _____________
PAGE 2

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

SECTION 1.That the City Manager is hereby authorized to issue purchase orders to one or more fuel vendors (Jankovich, SC Fuels and Wood Oil) for the purchase of gasoline and diesel fuel for the City of Compton’s Public Works - Fleet ($170,499.) and Fire Department ($90,000).

SECTION 2.That funding for this expenditure has been allocated in the Adopted Fiscal Year 2022-2023 Budget in Account Number 6000-720-000-4228 - Public Works Street Maintenance Department and Account Number 6000-690-000-4229 - City of Compton Fire Department.

SECTION 3.That a copy of this Resolution shall be filed in the offices of the City Clerk, City Manager, City Controller, Public Works Street Maintenance Department and Fire Department.

SECTION 4.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
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

December 13, 2022
TO: MAYOR AND CITY COUNCIL
FROM: CITY MANAGER
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

COMPTON AUTHORIZING THE CITY MANAGER TO ISSUE A

PURCHASE ORDER FOR KIMLEY-HORN AND ASSOCIATES,
INC. TO COMPLETE THE PREPARATION OF A LOCAL

ROADWAY SAFETY PLAN FOR THE PUBLIC WORKS
ENGINEERING DEPARTMENT ($27,164.23)

SUMMARY
Adoption of this resolution will authorize the City Manager to establish a purchase order for Kimley-Horn and Associates, Inc. to complete the preparation of a Local Roadway Safety Plan (LRSP) for the Public Works Engineering Department in the amount of $27,164.23.

BACKGROUND
Federal regulations require each state has a Strategic Highway Safety Plan (SHSP). An SHSP is a statewide data driven traffic safety plan that coordinates the efforts of a wide range of organizations to reduce traffic accidents fatalities and serious injuries on all public roads. In coordination with federal, state, local and private sector safety stakeholders, the SHSP establishes goals, objectives, and emphasis areas. The SHSP addresses the 4Es of traffic safety: Engineering, Enforcement, Education, and Emergency Services.

While the SHSP is used as a statewide approach for improving roadway safety, a Local Road Safety Plan (LRSP) is a means for providing local road owners with an opportunity to address unique safety needs in their jurisdictions. The process of preparing a LRSP creates a framework to systemically identify and analyze safety problems and recommend safety improvements.

Preparing an LRSP facilitates the development of local agency partnerships and collaboration, resulting in a prioritized list of improvements and actions that can demonstrate a defined need and contribute to the statewide plan. The LRSP offers a proactive approach to addressing safety needs and demonstrates agency responsiveness to safety challenges.

4.4. Staff Report – Local Roadway Safety Plan
Professional Services Agreement
December 13, 2022

Page 2 of 5 ends

An LRSP also provides a framework for organizing stakeholders to identify, analyze, and prioritize roadway safety improvements on local and rural roads. The process of developing an LRSP can be tailored to local protocols, needs, and issues.

Additionally, in future Highway Safety Improvement Projects (HSIP) Calls-for- Projects, an LRSP will be preferred or required for an agency to be eligible to apply for federal HSIP funds.

The LRSP shall evaluate the overall system to determine what improvements can be made to increase vehicle and pedestrian safety. The LRSP should be designed as a living document that can be updated to reflect changing needs and priorities.

Caltrans has made funding available to local agencies for the development of their LRSP’s in advance of the HSIP calls that will require an LRSP to apply. On October 1, 2020, the City of Compton was awarded $72,000 from Caltrans, with a required $8,000 (10%) local match, based on the Caltrans award formula that considers the City’s population, centerline miles and lane miles.

On November 2, 2021, the Public Works Engineering Department solicited Request For Proposals (RFP’s) from qualified consultants to develop the City’s Local Safety Road Plan (LRSP).

The Request For Proposal (RFP) seeks to secure the most qualified consultant to prepare a LRSP that aligns with the California State Highway Safety Plan and the Federal Highway Safety Plan and it will serve as an important tool for saving lives and reducing injuries on the City’s local roadways.

On December 2, 2021, the City received a total of six proposals that were reviewed and ranked by staff. The top 3 firms were selected based on their responsiveness, qualifications, work experience, professional expertise, and costs. The top three proposals are listed below:

Rank Firm Location Fee
1 Kimley-Horn Los Angeles, CA $71,914.60
2 KOA Monterey Park, CA $78,449.16
3 Willdan Industry, CA $78,000.00
The proposal review committee consisted of Public Works, City Manager’s Office and our consulting staff. The committee reviewed the materials in the proposals submitted by the consultant and ranked the most qualified proposals.

Staff Report – Local Roadway Safety Plan
Professional Services Agreement
December 13, 2022

Page 3 of 5 ends

After careful consideration, the proposal submitted by Kimley-Horn and Associates, Inc. was deemed the lowest responsive bidder to prepare the City’s Local Safety Road Plan. Kimley-Horn is a full-service engineering, planning and environmental consulting firm providing a comprehensive range of services to public and private clients throughout the United States. The project began on March 17, 2022 and was expected to take 6 months to complete.

The services that was provided by Kimley-Horn included, but was not limited to the tasks below:

Task 1 Identify Working Group
i. Consultant identified and engaged stakeholders to develop a working group, stakeholders included first responders
(Local, County State law enforcement and medical groups), transportation authorities, local school districts, business groups, residents, and etc. Consultant coordinated and led stakeholder meetings at least twice during the LRSP
development for the following: 1). Identified high need areas and stakeholder priorities, established LRSP vision and goals, and reviewed potential solutions and countermeasures; and 2) Prioritized project implementation plans, and reviewed and commented on the final LRSP.

Task 2 Analyze Safety Data
i. Consultant reviewed existing data, programs, policies, and activities; and provided a brief summary of current efforts to address transportation safety.
ii. Consultant was not expected to collect new data as part of his work effort. Data and summaries that were currently available, included but was not limited to the Statewide Integrated Traffic Records System (WITRS), and Los Angeles County Sheriff’s Department to develop the LRSP. The data analysis documented findings which included trends/patterns in crash type, driver factors, roadway features, vehicle factors, and/or environmental conditions.

Countermeasures included the 4Es of highway safety –
engineering, enforcement, education, and emergency
response. Countermeasures were developed to specifically Staff Report – Local Roadway Safety Plan
Professional Services Agreement
December 13, 2022

Page 4 of 5 ends

address emphasized areas. Consultant established
measurable objectives and goals.
ii. A variety of resources were available for selecting effective and validated countermeasures strategies, including: Federal Highway Administration (FHWA) Proven Countermeasures,
Highway Safety Manual (HSM), National Highway Traffic
Safety Administration (NHTSA) Countermeasures that work, Crash Modification Factor (CMF) Clearinghouse, and etc. The consultant encouraged other effective countermeasures.

Task 4 Development of Final LRSP
i. Consultant developed the final LRSP using the information from previous tasks. The plan included implementation
strategies as well as a methodology for periodic review and updated once the initial plan had been approved.

STATEMENT OF ISSUE
On February 1, 2022, pursuant to Resolution No. 25,604, City Council authorized the City Manager to enter into a professional services agreement with and establish a purchase order for Kimley-Horn and Associates, Inc. to prepare a Local Roadway Safety Plan for the Public Works Engineering Department and authorize the establishment of a purchase order in the amount of $71,914.60.

Funding in the amount of $71,914.60 was to be allocated in the 2021-2022 fiscal year budget. However, due to a funding shortage, City staff was only able to secure funding in the amount of $44,750.37 to pay the consultant, leaving a balance owed in the amount of $27,164.23. City staff has identified funding in the 2022-2023 fiscal year to pay for the remaining balance owed to Kimley-Horn and Associates.

The LRSP plan is substantially completed and will be presented to City Council when finalized.

Therefore, in order to pay for the remaining balance owed to Kimley-Horn and Associates in the amount of $27,164.23 to complete the Local Roadway Safety Plan, City Council’s authorization is necessary.

ALTERNATIVE
There are no other alternatives being recommended at this time. The study is important because, in addition to trauma of injury and loss of life, economic losses in the City of Compton due to traffic injuries on City streets were over $692 million from 2015 through 2020, according to the Statewide Integrated Traffic Records System (SWITRS) and Caltrans HSIP Cost Parameters.

Staff Report – Local Roadway Safety Plan
Professional Services Agreement
December 13, 2022

Page 5 of 5 ends

FISCAL IMPACT
Funds in the amount of $27,164.23 are available in the Public Works 2022-2023 fiscal year budget in Account Nos. 1900-710-000-4262.

RECOMMENDATION
Staff recommends the City Council adopt the attached Resolution.

ALVIN BAUTISTA

CITY ENGINEER
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 ISSUE A PURCHASE ORDER FOR KIMLEY-HORN AND ASSOCIATES, INC. TO COMPLETE THE

PREPARATION OF A LOCAL ROADWAY SAFETY PLAN FOR THE PUBLIC WORKS ENGINEERING DEPARTMENT ($27,164.23)
WHEREAS, adoption of this resolution will authorize the City Manager to issue a purchase order for Kimley-Horn and Associates, Inc. to complete the preparation of a Local Roadway Safety Plan (LRSP) for the Public Works Engineering Department in the amount of $27,164.23; and
WHEREAS, federal regulations require each state has a Strategic Highway Safety Plan (SHSP); and
WHEREAS, an SHSP is a statewide data driven traffic safety plan that coordinates the efforts of a wide range of organizations to reduce traffic accidents fatalities and serious injuries on all public roads; and WHEREAS, in coordination with federal, state, local and private sector safety stakeholders, the SHSP establishes goals, objectives, and emphasis areas; and WHEREAS, the SHSP addresses the 4Es of traffic safety: Engineering, Enforcement, Education, and Emergency Services; and
WHEREAS, while the SHSP is used as a statewide approach for improving roadway safety, a Local Road Safety Plan (LRSP) is a means for providing local road owners with an opportunity to address unique safety needs in their jurisdictions; and WHEREAS, the process of preparing a LRSP creates a framework to systemically identify and analyze safety problems and recommend safety improvements; and WHEREAS,preparing an LRSP facilitates the development of local agency partnerships and collaboration, resulting in a prioritized list of improvements and actions that can demonstrate a defined need and contribute to the statewide plan; and WHEREAS,the LRSP offers a proactive approach to addressing safety needs and demonstrates agency responsiveness to safety challenges; and WHEREAS, an LRSP also provides a framework for organizing stakeholders to identify, analyze, and prioritize roadway safety improvements on local and rural roads and the process of developing an LRSP can be tailored to local protocols, needs, and issues; and
WHEREAS, in future Highway Safety Improvement Projects (HSIP) Calls-for- Projects, an LRSP will be preferred or required for an agency to be eligible to apply for federal HSIP funds; and
WHEREAS,the LRSP shall evaluate the overall system to determine what improvements can be made to increase vehicle and pedestrian safety and the LRSP should be designed as a living document that can be updated to reflect changing needs and priorities; and
WHEREAS,Caltrans has made funding available to local agencies for the development of their LRSP’s in advance of the HSIP calls that will require an LRSP to apply; and
Resolution No. __________

Page 2 ends

WHEREAS,on October 1, 2020, the City of Compton was awarded $72,000 from Caltrans, with a required $8,000 (10%) local match, based on the Caltrans award formula that considers the City’s population, centerline miles and lane miles; and WHEREAS,on November 2, 2021, the Public Works Engineering Department solicited Request For Proposals (RFP’s) from qualified consultants to develop the City’s Local Safety Road Plan (LRSP); and
WHEREAS, the Request For Proposal (RFP) seeks to secure the most qualified consultant to prepare a LRSP that aligns with the California State Highway Safety Plan and the Federal Highway Safety Plan and it will serve as an important tool for saving lives and reducing injuries on the City’s local roadways; and WHEREAS,on December 2, 2021, the City received a total of six proposals that were reviewed and ranked by staff and the top 3 firms were selected based on their responsiveness, qualifications, work experience, professional expertise, and costs.

WHEREAS,the top three proposals are listed below:

Rank Firm Location Fee
1 Kimley-Horn Los Angeles, CA $71,914.60
2 KOA Monterey Park, CA $78,449.16
3 Willdan Industry, CA $78,000.00; and
WHEREAS,the proposal review committee consisted of Public Works, City Manager’s Office and our consulting staff. The committee reviewed the materials in the proposals submitted by the consultant and ranked the most qualified proposals; and WHEREAS,the proposal submitted by Kimley-Horn and Associates, Inc. was deemed the lowest responsive bidder to prepare the City’s Local Safety Road Plan; and WHEREAS,Kimley-Horn is a full-service engineering, planning and environmental consulting firm providing a comprehensive range of services to public and private clients throughout the United States; and
WHEREAS,Kimley-Horn is devoted to supporting local agencies in recommending safety enhancements in areas throughout California and their team’s knowledge ranges from traffic safety planning and engineering to bicycle and pedestrian facility planning, safety and design; and
WHEREAS,Kimley-Horn has completed LRSPs and Systemic Safety Analysis Reports (SSARs), Strategic Highway Safety Plan (SHSP) projects, Road Safety Audits (RSAs), Safety Management Plans (SMPs), data collection and crash analysis, and design safety countermeasures throughout the country, including for the cities of Santa Clarita, Artesia, Lancaster, Ventura, Anaheim, San Clemente, Seal Beach, Costa Mesa, Eastvale, Chino, Perris, Goleta, Palm Desert, La Quinta, Santa Cruz, and Sunnyvale as well as the counties of Imperial and Ventura; and
WHEREAS,the services that was provided by Kimley-Horn included, but was not limited to the tasks below:

Resolution No. __________

Page 3 ends

Task 1 Identify Working Group
i. Consultant identified and engaged stakeholders to develop a working group, stakeholders included first responders
(Local, County, State law enforcement and medical groups), transportation authorities, local school districts, business groups, residents, and etc. Consultant coordinated and led stakeholder meetings at least twice during the LRSP
development for the following: 1). Identify high need areas and stakeholder priorities, established LRSP vision and goals, and reviewed potential solutions and countermeasures; and 2).

Prioritized project implementation plans, and reviewed and commented on the final LRSP.

Task 2 Analyze Safety Data
i. Consultant reviewed existing data, programs, policies, and activities; and provided a brief summary of current efforts to address transportation safety.
ii. Consultant was not expected to collect new data as part of this work effort. Data and summaries that were currently available, included but was not limited to the Statewide Integrated Traffic Records System (WITRS), and Los Angeles County Sheriff’s Department to develop the LRSP. The data analysis
documented findings which included trends/patterns in crash type, driver factors, roadway features, vehicle factors, and/or environmental conditions.

Task 3 Develop Countermeasures
i. Consultant worked with City and stakeholders to identify emphasized areas and to establish goals and specific countermeasures to address safety issues. Areas were consistent with trends identified as part of the data analysis. Countermeasures included the 4Es of highway safety – Engineering, Enforcement, Education, and Emergency Response. Countermeasures were developed to
specifically address emphasized areas. Consultant established measurable objectives and goals.
ii. A variety of resources were available for selecting effective and validated countermeasures strategies, including: Federal Highway Administration (FHWA) Proven Countermeasures, Highway Safety Manual (HSM), National Highway Traffic Safety Administration (NHTSA) Countermeasures that work, Crash Modification Factor (CMF) Clearinghouse, and etc. The consultant encouraged other effective countermeasures.

Task 4 Development of Final LRSP
i. Consultant developed a final LRSP using the information from previous tasks. The plan included implementation strategies as well as a methodology for periodic review and update once the initial plan had been approved.

WHEREAS,on February 1, 2022, pursuant to Resolution No. 25,604, City Council authorized the City Manager to enter into a professional services agreement with and establish a purchase order for Kimley-Horn and Associates, Inc. to prepare a Local Roadway Safety Plan for the Public Works Engineering Department and authorized the establishment of a purchase order in the amount of $71,914.60; and WHEREAS,funding in the amount of $71,914.60 was to be allocated in the 2021- 2022 fiscal year budget; and
Resolution No. __________

Page 4 ends

WHEREAS,due to a funding shortage, City staff was only able to secure funding in the amount of $44,750.37 to pay the consultant, leaving a balance owed in the amount of $27,164.23; and
WHEREAS,city staff has identified funding in the amount of $27,164.23 in the 2022-2023 fiscal year to pay for the remaining balance owed to Kimley-Horn and Associates; and
WHEREAS,the LRSP plan is substantially complete and will be presented to City Council when finalized.

WHEREAS,funds in the amount of $27,164.23 are available in the Public Works Engineering Department 2022-2023 fiscal year budget in Account No. 1900-710-000- 4262.

WHEREAS, in order to issue a purchase order to pay for the remaining balance owed to Kimley-Horn and Associates in the amount of $27,164.23 to complete the Local Roadway Safety Plan, City Council’s authorization is necessary.

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

SECTION 1.That the City Manager is hereby authorized to issue a purchase order for Kimley-Horn and Associates, Inc. to complete the preparation of a Local Roadway Safety Plan for the Public Works Engineering Department in the amount of $27,164.23.

SECTION 2.That a purchase order in the amount of $27,164.23 is hereby authorized to be established for Kimley-Horn and Associates, Inc.

SECTION 3.That funds in the amount of $27,164.23 are available in the Public Works 2022-2023 fiscal year budget in Account No. 1900-710-000-4262.

SECTION 4.That copies of this Resolution shall be filed in the offices of the City Manager, City Controller, City Clerk, City Attorney and the Public Works Engineering 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
ATTEST:
____________________________________

CITY CLERK OF THE CITY OF COMPTON

STATE OF CALIFORNIA

COUNTY OF LOS ANGELES
CITY OF COMPTON: ss
Resolution No. __________

Page 5 ends

I, Alita Godwin, City Clerk of the City of Compton, hereby certify that the foregoing Resolution was passed and 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 the ____________ 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
December 13, 2022
TO: MAYOR AND CITY COUNCIL MEMBERS
FROM: CITY ENGINEER
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON

AUTHORIZING THE CITY MANAGER TO ACCEPT THE

CONSTRUCTION OF THE ANNUAL RESIDENTIAL STREET
REHABILITATION PROJECT (CIP# 18-01, PHASE 2A) AS COMPLETE,

DIRECT STAFF TO FILE THE NOTICE OF COMPLETION WITH THE
LOS ANGELES COUNTY RECORDER’S OFFICE AND AUTHORIZE
THE RELEASE OF THE CONTRACTOR’S RETENTION ($314,478.78)

SUMMARY
This Resolution authorizes the City Manager to accept the construction of the Annual Residential Street Rehabilitation Project (CIP# 18-01, Phase 2A) as complete, direct staff to file the Notice of Completion with the Los Angeles County Recorder’s Office, and authorize the release of the contractor’s retention balance ($314,478.78).

BACKGROUND
On July 27, 2021, pursuant to Resolution No. 25,530, Compton’s City Council authorized the City Manager to enter into a construction contract with Sully-Miller Contracting Company for the Annual Residential Street Rehabilitation Project (CIP# 18- 01, Phase 2A), and issue a purchase order in the amount of $6,465,000, with an approved contingency amount of $646,500.

Full reconstruction of City streets listed on the table below has been performed and completed in accordance with the plans, specifications, and other contract documents required by the City of Compton. Work on the project included: removal of old asphalt (cold milling); installation of rubberized asphalt pavement, asphalt cement (AC) base course, aggregate base, full depth AC slot pavement, curb and gutters, sidewalks, cross gutter, alley intersection, driveway approaches, curb ramps, signing, striping, markings, and pavement legends, speed humps, and traffic signal loops; adjustment to grade of existing sewer manholes, water valves, water meters, and storm drain manholes; and other items or details that are required by the City’s plans and standard specifications.

CIP# 18-01, PHASE 2A - COMPLETED STREETS
No. Street Name Limits

1. Alondra Boulevard City Limit West to Lime Avenue

2. Parmelee Avenue City Limit North to 138th Street

3. 135th Street/Stockwell Street Parmelee Avenue to Elva Avenue

4. Bullis Road City Limit North to City Limit South

5. Palmer Street Alameda Street to Long Beach Blvd.

5.5. Notice of Completion Staff Report
December 13, 2022

Page 2 of 2 ends

Phase 2A’s final construction cost of $6,289,575.52 is $175,424.48 below the contract amount authorized by City Council. All required construction items have been completed per the contract documents.

STATEMENT OF THE ISSUE
The project was conducted in accordance with California Public Contract Law, and a retention amount equivalent to 5% was withheld from progress payments to ensure satisfactory completion.

City Council’s authorization is necessary to accept the Annual Residential Street Rehabilitation Project (CIP# 18-01, Phase 2A) as complete. The City Council is also requested to approve and direct staff to file the Notice of Completion with the Los Angeles County Recorder’s Office, and authorize the release of the contractor’s retention balance.

FISCAL IMPACT
There is no financial impact to the City associated with release of the contractor’s retention balance.

ALTERNATIVE
The contractor has completed all work per contract requirements. Therefore, no other alternatives are being proposed.

RECOMMENDATION
Staff recommends that the City Council accepts the completion of the Annual Street Rehabilitation Project (CIP# 18-01, Phase 2A), authorize staff to file the Notice of Completion with the Los Angeles County Recorder’s Office, and release the contractor’s retention balance.

ALVIN BAUTISTA, P.E.

CITY ENGINEER
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 ACCEPT THE

CONSTRUCTION OF THE ANNUAL RESIDENTIAL STREET
REHABILITATION PROJECT (CIP# 18-01, PHASE 2A) AS COMPLETE,

DIRECT STAFF TO FILE THE NOTICE OF COMPLETION WITH THE
LOS ANGELES COUNTY RECORDER’S OFFICE AND AUTHORIZE
THE RELEASE OF THE CONTRACTOR’S RETENTION ($314,478.78) WHEREAS,on July 27, 2021, pursuant to Resolution No. 25,530, City Council authorized the City Manager to enter into a construction contract with Sully-Miller Contracting Company for the Annual Residential Street Rehabilitation Project (CIP# 18-01, Phase 2A) and issue a purchase order in the amount of $6,465,000, with an approved contingency amount of $646,500; and WHEREAS,full reconstruction of City streets included in Phase 2A has been performed and completed in accordance with the plans, specifications, and other contract documents required by the City of Compton. Work on the project included: removal of old asphalt (cold milling); installation of rubberized asphalt pavement, asphalt cement (AC) base course, aggregate base, full depth AC slot pavement, curb and gutters, sidewalks, cross gutter, alley intersection, driveway approaches, curb ramps, signing, striping, markings, and pavement legends, speed humps, and traffic signal loops; adjustment to grade of existing sewer manholes, water valves, water meters, and storm drain manholes; and other items or details that are required by the City’s plans and standard specifications; and WHEREAS,completed streets under Phase 2A include Alondra Boulevard (from City Limit West to Lime Avenue), Parmelee Avenue (from City Limit North to 138th Street), 135th Street/Stockwell Street (from Parmelee Avenue to Elva Avenue), Bullis Road (from City Limit North to City Limit South), and Palmer Street (from Alameda Street to Long Beach Blvd.), and
WHEREAS,Phase 2A’s final construction cost of $6,289,575.52 is $175,424.48 below the contract amount authorized by City Council, and all required construction items have been completed per the contract documents; and WHEREAS,the project was conducted in accordance with California Public Contract Law, and a retention amount equivalent to 5% was withheld from progress payments to ensure satisfactory completion; and WHEREAS,City Council’s authorization is necessary in order to accept the Annual Residential Street Rehabilitation Project (CIP# 18-01, Phase 2A) as complete, and hereby direct staff to file the Notice of Completion with the Los Angeles County Recorder’s Office, and authorize the release of the contractor’s retention balance.

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

Section 1.That the City hereby accepts the construction of the Annual Residential Street Rehabilitation Project (CIP# 18-01, Phase 2A) as complete, direct staff to file the Notice of Completion with the Los Angeles County Recorder’s Office and authorize the release of the contractor’s retention balance ($314,478.78).

Section 2.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 Engineering Department.

Section 3.That the Mayor shall sign and the City Clerk shall attest to the adoption of this Resolution.

Resolution No. ____________

Page 2 ends

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 of the City of Compton, 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-
ABSTAIN: COUNCIL MEMBERS-
ABSENT: COUNCIL MEMBERS-
____________________________________

CITY CLERK OF THE CITY OF COMPTON
December 13, 2022
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: RISK MANAGER, CITY ATTORNEY’S OFFICE
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

COMPTON AUTHORIZING THE CITY MANAGER TO RENEW

THE SOFTWARE LICENSE AND MAINTENANCE AGREEMENT

WITH AND ESTABLISH A PURCHASE ORDER FOR VENTIV
TECHNOLOGY, INC. FOR PROVISION OF THE RISK
MANAGEMENT IVOS DATABASE ($97,106.34)

SUMMARY
The City Council will consider adopting a Resolution authorizing the City Manager to renew the Software License and Maintenance Agreement with Ventiv Technology for the provision of the Risk Management database for workers’ compensation and general liability claims.

BACKGROUND
The City of Compton is self-insured for workers’ compensation and general liability claims.

Ventiv Technology, Inc. (“Ventiv”) currently provides the computer database used by the Risk Management Division of the City Attorney’s Office to administer workers’ compensation and liability claims. All medical, legal, financial, confidential and statistical data for claims filed, whether workers’ compensation or liability, are supported by the Ventiv Technology “iVOS” system.

Use of the state-of-the-art “iVOS” web-based program provided by Ventiv Technology has had an invaluable impact on the Risk Management Division’s ability to provide more efficient, effective and accountable service to the City as concerns workers’ compensation and liability issues. Thus, continued utilization of this program and service is highly recommended.

STATEMENT OF ISSUE
The agreement with Ventiv for “iVOS” database services will expire on December 17, 2022, and as a result of several delays during the negotiation process, a new contract has not yet been executed. Nonetheless, Ventiv has continued to provide iVOS database services and support to the City. Both parties are aware that uninterrupted provision of these services is crucial to Staff’s ability to access pertinent information necessary to input and process all workers’ compensation and liability claims, and to comply with the City’s obligations under state law to issue mandated notices as well as the required payments

6.6.6. Staff Report – Renew Agreement with Ventiv Technology “iVOS” Database
December 13, 2022

Page 2 ends

to claimants, attorneys, medical facilities, courts, and various other vendors. During tenacious efforts by Staff to negotiate a new term in its contract, Ventiv proposed two options: (i) a 3-year option with an annual increase of five percent (5%); or (ii) a 5-year option with an annual increase of three percent (3%).

Renewal Options
City of Compton Current
2021 ARR $94,278.00
Staff has learned there are potentially only two other technology providers with comparable infrastructure and capabilities that can provide the type of system needed to manage and process the City’s self-insured claims. If Staff were to seek competitive proposals from these providers, it is possible they could offer comparable services at an equal or lower rate. However, Staff also learned that the costs of converting from Ventiv’s iVOS system to another provider’s system would likely cost the City hundreds of thousands of dollars, thus, eliminating any potential savings resulting from selection of another provider offering lower rates.

Uninterrupted provision of the software services provided by Ventiv is crucial to staff’s ability to access pertinent information necessary to input and process all workers’ compensation and liability claims, and to comply with the City’s obligations under state law to issue mandated notices as well as the required payments to claimants, attorneys, medical facilities, courts, and various other vendors. While seeking formal proposals from another vendor will be further investigated, there is not sufficient time to complete a formal proposal process before the current agreement expires (i.e. December 17, 2022). 3 Year @ 5% $94,278.00
Year 1 $ 98,991.90
Year 2 $ 103,941.50
Year 3 $ 109,138.57
5 Year @3% $94,278.00
Year 1 $ 97,106.34
Year 2 $ 100,019.53
Year 3 $ 103,020.12
Year 4 $ 106,110.72
Year 5 $ 109,294.04
Staff Report – Renew Agreement with Ventiv Technology
“iVOS” Database
December 13, 2022

Page 3 ends

For this reason, Staff recommends entering into a new agreement with Ventiv to continue to provide iVOS database services for the City for a total of five (5) years (December 18, 2022 through December 17, 2027), during which time the City can explore other options that would not be cost-prohibitive and allow the City to explore competitive bids for these services.

FINANCIAL IMPACT
Fees for provision of the iVOS claims system are as follows:

Year Total Annual Fees Payable
1 $97,106.34
*2 $100,019.53
*3 $103,020.12
*4 $106,110.72
*5 $109,294.04
*(Years 2 through 5 reflect an annual increase of three percent (3%) per year.) Funds in the amount of Ninety-Seven Thousand, One Hundred Six Dollars and Thirty- Four Cents ($97,106.34) are available in the 2022-2023 Fiscal Year budget of the City Attorney’s Department Account No. 6400-420-000-4222. Staff will allocate funding for the remaining Fiscal Years 2023-2024, 2024-2025, 2025-2026 and 2026-2027 in future year budgets.

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 RENEW THE SOFTWARE

LICENSE AND MAINTENANCE AGREEMENT WITH AND ESTABLISH
A PURCHASE ORDER FOR VENTIV TECHNOLOGY, INC. FOR

PROVISION OF THE RISK MANAGEMENT IVOS DATABASE
($97,106.34)
WHEREAS, the City of Compton is self-insured for workers’ compensation and general liability claims; and
WHEREAS, the City’s self-insured program is administered through the Ventiv Technology, Inc. “iVOS” database; and
WHEREAS, use of the state-of-the-art “iVOS” web-based program provided by Ventiv Technology, Inc. (“Ventiv”) has had an invaluable impact on the City Attorney’s Office’s ability to provide efficient, effective and accountable service to the City as concerns workers’ compensation and liability claims management and processing; and
WHEREAS, uninterrupted provision of the software services provided by Ventiv is crucial to staff’s ability to access pertinent information necessary to input and process all workers’ compensation and liability claims, and to comply with the City’s obligations under state law to issue mandated notices as well as the required payments to claimants, attorneys, medical facilities, courts, and various other vendors; thus staff highly recommends continued utilization of the Ventiv iVOS program and services; and
WHEREAS, the current agreement with Ventiv Technology, Inc. will expire on December 17, 2022, and staff recommends that the Amended and Restated Software As A Service Agreement with Ventiv Technology, Inc. be executed for a period of five (5) years for the provision of the City’s self-insured database for uninterrupted and continued administration of its Workers’ Compensation and General Liability programs; and
WHEREAS, funds for this expenditure are available in the Fiscal Year 2022- 2023 annual budget.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COMPTON RESOLVES AS FOLLOWS:

SECTION 1. That the City Manager, on the advice of the City Attorney, is authorized to renew and execute the Amended and Restated Software As A Service Agreement with Ventiv Technology, Inc. for provision of the City’s self- insured iVOS database for a term of five (5) years (i.e., December 18, 2022 through December 17, 2027) at an initial cost of Ninety-Seven Thousand, One Hundred Six Dollars and Thirty-Four Cents ($97,106.34) for Year 1 with an annual increase of three percent (3%) per year for the remaining four (4) years.

SECTION 2. That a purchase order in the amount of $97,106.34 is authorized to be established for Ventiv Technology, Inc.

SECTION 3. That funds in the amount of Ninety-Seven Thousand, One Hundred Six Dollars and Thirty-Four Cents ($97,106.34) are available in the 2022- 2023 Fiscal Year budget of the City Attorney’s Department Account No. 6400-420- 000-4222. Staff will allocate funding for the remaining Fiscal Years 2023-2024, 2024-2025, 2025-2026 and 2026-2027 in future year budgets.

Resolution No._______

Page 2 ends

SECTION 4. That a certified copy of this resolution will be filed in the offices of the City Manager, City Attorney, City Controller and the City Clerk.

SECTION 5. That the Mayor shall sign and the City Clerk shall attest to 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, 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

SUBJECT TO CONTRACT

Version #1

THIS CONTRACT OFFER, INCLUDING THE SOW, WILL EXPIRE ON THE LAST DAY OF THE CURRENT CALENDAR QUARTER DATE CONTRACT OFFER ISSUED: [ ]

AMENDED AND RESTATED SOFTWARE AS A SERVICE AGREEMENT

This Amended and Restated Software as a Service Agreement (“Agreement”) is made effective as of this 18th day of December, 2022 (“Effective Date”) by and between Ventiv Technology Inc., and its Affiliates (“Ventiv”) with main offices located at 3350 Riverwood Parkway, Suite #2000, 20th Floor, Atlanta, GA 30339, and City of Compton (“Customer”) with offices located at205 South Willowbrook Avenue, Compton, California 90220.

This Agreement consists of this signature page, the attached Terms and Conditions (“Terms and Conditions”) and the following attached schedules (“Schedules”) that are listed below:

Schedule A: Software Schedule (Ventiv Claims Enterprise)

Schedule B: Initial Order Form

Schedule C: Support Schedule and Service Levels (SaaS)

Attachment 1: Statement of Work

The parties previously entered into a Software License Agreement dated December 18, 2018 (“Previous Agreement”) whereby Customer licensed the rights to Ventiv’s proprietary software, iVOS®, supported by Ventiv and hosted by Customer. The Previous Agreement will expire on its terms, and the parties wish to renew the previous arrangement under new terms and conditions as deta iled in this Agreement. Once executed, this Agreement will supersede the Previous Agreement in its entirety. By executing this Agreement, both parties acknowledge that they have reviewed the terms and conditions incorporated into this Agreement and agree t o be legally bound by the same. The parties hereby cause this Agreement to be executed by their respective duly authorized representatives effective as of the Effective Date.

Accepted and Agreed:

CITY OF COMPTON
By:

Name:

Title:

Date:

Address:

Telephone:

Fax:

VENTIV TECHNOLOGY INC.

By:

Name: Melloney Douce
Title: General Counsel
Date:

Address:

3350 Riverwood Parkway
Suite #2000, 20th Floor
Atlanta, GA 30339
Telephone: 770-308-5425
Fax: 770-308-5601

Ventiv Enterprise Claims (April 2019 version) Page 1 of 23 Ventiv Confidential

TERMS AND CONDITIONS

1. GENERAL. The following terms and conditions (“ Terms and Conditions”) govern this Agreement. To the extent there is a conflict between the Terms and Conditions and any Schedule, Exhibit or Statement of Work, the order of precedence of documents constituting this Agreement will be as follows: (a) Terms and Conditions; (b) Schedules; (c) Statements of Work, if any; (d) attachments or exhibits to Schedules; and (e) any other document incorporated herein.

2. DEFINITIONS. As used in this Agreement, and in addition to any other terms defined in this Agreement, the following terms will have the following meanings:

2.1 “Affiliate” means any entity that controls, is controlled by, or is under common control with Ventiv. For purposes of the Agreement, “control” means possessing, (i) directly or indirectly, the power to direct or cause the direction of the management, policies or operations of an entity, whether through ownership of voting securities, by contract or otherwise; or (ii) the ownership of, or the power to vote, at least fifty percent (50%) of the voting stock, shares or interests of such entity.

2.2 “Business Day” collectively means Monday through Friday of each week, other than days on which banks in Marietta, Georgia, U.S.A, are closed for banking and any other date designated by Ventiv as a holiday to Customer from time -to-time as such in advance in writing (because different holidays may be recognized on different days each year). Not later than December 1 of each year, Ventiv shall provide Customer a written list of holidays to be recognized for the upcoming new year;

2.3 “Change Request” has the meaning set forth in Section 8.2;

2.4 “Confidential Information” means any information or material in tangible or intangible form that: (i) is confidential and proprietary to the disclosing party, possesses an element of value to the disclosing party, is not generally known to the disclosing party's competitors, and would damage the disclosing party if disclosed; or (ii) the disclosing party obtains from any third party whic h the disclosing party treats as proprietary whether or not owned by the disclosing party;

2.5 “Customer Data” means any and all data and information related to the data (including text, graphics, photographs, audio visual elements, music, illustrations, video or other content) provided to Ventiv by or on behalf of Customer for processing, and any and all updates or modifications thereto or Derivative Works thereof made by Customer. Other than for the reports and analyses provided to Customer pursuant to this Agreement, under no circumstances may Ventiv make any derivative work that relies upon Customer Data;

2.6 “Customer Support Services” has the meaning set forth in Section

8.1(d);

2.7 “Deliverables” means those Services detailed in the Statement of Work to be performed during implementation of the System to enable Production Use of the System, including without limitation, (i) Project Management – managing the project delivery; (ii) Business Analysis – requirements gathering, specifications, QA testing; (iii) Configuration – setup of Customer database including custom fields and custom business rules; (iv) Data Conversion – convert source data into format used by the Software; (v) Reporting – deploy standard templates, complete custom report development, as applicable, (vi) Training – training for Customer testing and go-live;

2.8 “Derivative Works” means any suggestions, contributions, enhancements, improvements, modifications or changes to the referenced materials;

2.9 “Documentation” means the user documentation and any other operating, training, and reference manuals relating to the use of the Software, as supplied by Ventiv to Customer, as well as any Derivative Works thereto;

2.10 “Intellectual Property Rights” means all rights in and to any of the following, however constituted: trade secrets, patents, copyrights, trademarks, service marks, URLs, trade dress, brand features, know-how, moral rights, contract rights, code (executable, source and other) and similar rights of any type under the laws of any applicable governmental authority, or international treaty, including, without limitation, all applications and registrations relating to any of the foregoing;

2.11 “Order Form” means the initial order form set forth in Schedule C as well as subsequent order forms, which will serve as the mechanism by which Customer may purchase additional software and services following the Effective Date that incorporates the terms and conditions of this Agreement;

2.12 “Production Use” means the capability to use, or the actual use of, the System in a live environment;

2.13 “Project” means the scope of work to be performed by Ventiv as set forth in the Statement of Work;

2.14 “Project Plan” means the methodology for completing the Project to be agreed by the parties at the initial requirements meeting following execution of the Agreement;

2.15 “Services” is the collective reference to all services Ventiv performs for Customer under this Agreement and includes without limitation, the services specifically described in Section 8 as well as any new services purchased under an Order Form;

2.16 “Software” means the object code to Ventiv's proprietary software products listed in the Order Form, and any modified, updated or enhanced versions of, or additional modules related to, such software products that Ventiv provides to Customer either pursuant to the maintenance and support provisions or pursuant to an Order Form, as well as the Software Configurations and Documentation for such software products, including any Derivative Works of such software and documentation;

2.17 “Software Configurations” means any of the Deliverables set forth in the SOW related to configuration or modification of the Software or of the standard reports or templates within the Software or the creation of business rules using the Software;

2.18 “Specifications” means the software specifications set forth in the Documentation and in the Statement of Work for the relevant Software product;

2.19 “Statement of Work” or “SOW” means the statement of work set forth in Attachment 1 to this Agreement as well as any changes or amendment to such SOW or any new SOWs that may be attached to a new Order Form;

2.20 “System” is the collective reference to the Software, Software Configurations, Documentation, Ventiv Server, and other technology that together comprises the software as a service offered to Customer under this Agreement;

2.21 “Term” has the meaning set forth in Section 13.1 of this Agreement;

2.22 “Ventiv Content” means any information, data, materials, software, files, text, graphics, photographs , audio visual elements, music, illustrations, video or other content available through the System which is proprietary to Ventiv, its licensors, or Ventiv’s affiliates; and

2.23 “Ventiv Server” means those computer servers that Ventiv owns, leases or otherwise controls whether in its own data center or the data center of another entity with which Ventiv has a contractual relationship.

3. LICENSE GRANT & LIMITATIONS.

3.1 License Grant. Subject to the terms and conditions of this Agreement, including, but not limited to, payment by Customer of the applicable fees set forth on the Order Form, Ventiv grants to Customer a limited, non -exclusive, non-transferable (except as permitted under Se ction 15.4 of the Terms and Conditions) license, without the right to sublicense (except as permitted under Section 3.2 below), to remotely access and use the System in accordance with the terms of this Agreement for the length of the Term solely for Custo mer’s internal business purposes. Use of the System is limited to employees of Customer for whom Ventiv has received notification and those parties specifically authorized in Section 3.2 below, such notification provided when requesting passwords for such users. Use of the System is further limited to the number of users designated in the Order Form. Users may be divided into user type describing the level of access granted to such user (such access rights detailed in Schedule A); users may not exceed the access granted to them by the user type they have been assigned. Ventiv authorizes Customer to use, copy and distribute Ventiv Co ntent provided that (1) the use and distribution of Ventiv Content is limited to Customer, its representatives, and/or its clients, and (2) all copies of Ventiv Content will retain all copyright or proprietary notices.

Any other use or distribution of Ventiv Content, unless authorized in writing by Ventiv, is prohibited.

3.2 Other Authorized Users.
(a) Third-Party Vendors. Ventiv acknowledges and agrees that Customer may use certain third -party vendors for purposes of performing some of Customer's internal business processes (“ Third-Party Vendors”). Customer may allow its Third -Party Vendors (other than Ventiv's direct competitors) to access and use the System subject to the terms and conditions of this Agreement solely for Customer's internal business processing services, subject to the following conditions: (i) Customer agrees to be fully responsible for all use of the System by its Third -Party Vendors; (ii) Customer will ensure compliance by Third -Party Vendors of the terms and conditions of this Agreement, including without limitation, Section 6 of this Agreement (Confidential Information); (iii) Customer will notify Ventiv of any such Third-Party Vendors (such notification provided when requesting passwords for such Third Party Vendors) and will ensure that each such Third-Party Vendor uses its own Ventiv Enterprise Claims (April 2019 version) Page 3 of 22 Ventiv Confidential unique password as detailed in Section 4 below; and (iv) upon termination of its relationship with such Third-Party Vendors or of this Agreement, Customer will ensure that all access to the System by such Third -Party Vendors ceases immediately.
(b) [Reserved for Customers who have clients requiring access to the System.]

3.3 Limitations.
(a) Use Restrictions. Unless otherwise expressly authorized in this Agreement, Customer will not, and will ensure that its end -users will not: (i) modify, adapt, alter, translate, or create derivative works from the System; (ii) merge the System (or any part t hereof) with any other software, products or services (other than Ventiv -provided interfaces); (iii) sublicense, resell, re - distribute, lease, rent, loan, disclose or otherwise transfer the System (or any part thereof) or any other associated products and services to any third party; (iv) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source or object code of the System (or any part thereof); (v) use the System (or any part thereof) to provide any facility management, service bureau or similar services to third parties, permit unauthorized third parties to remotely access and use the System (or any part thereof) or use the System (or any part thereof) to develop a product line that is similar to the Software or System; (vi) publish or share with any third party, except for Customer’s experts and consultants retained for such reviews, any results of any benchmark or performance tests run on the System (or any part thereof); (vii) otherwise use or copy the System (or any part thereof) except as expressly allowed under this Agreement or (viii) alter, distort, or remove any confidential, proprietary, copyright, trademark, trade secret, or patent legends from any copy of the System (or any part thereof).
(b) Unauthorized Actions. In addition, Customer agrees that it will not use the System to take any action that: (i) violates any applicable law or regulation or is legally libelous, defamatory, indecent, obscene or pornographic; (ii) would violate copyright, trademark, trade secret or other property right of any third party; (iii) i nvolves the addition, removal or modification of identifying network header information in an effort to deceive; (iv) uses the System to access, or attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of Ventiv's or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in access to or the corruption or loss of data; (vi) uses the System to collect, or attempt to collect, personal information about third parties without their valid consent. (c) Removal of Files . Ventiv reserves the right to remove from the Ventiv Server(s) any files that may damage the System or any files that are in violation of Section 3.3(b), provided that Ventiv agrees to give Customer written notice within two (2) Business Days after removing such files. The removed files will be placed in a temporary quarantined area until both parties mutually agree how to handle the files. Customer consents to such removal and waives any claim arising out of any such file removal.

3.4 Additional Software. To the extent Customer wishes to purchase additional Ventiv software products other than that set forth in Schedule A, Customer and Ventiv will execute an Order Form to purchase such additional software.

3.5 Proprietary Rights. As between the parties, and subject to the terms and conditions of this Agreement and the applicable Statement of Work, Ventiv and its third-party suppliers will retain ownership of all Intellectual Property Rights in the System, and any and all Derivative Works made to the System or any part thereof, as well as all Work Product provided to Customer (“ Ventiv Proprietary Technology”). Customer acquires no rights to Ventiv Proprietary Technology except for the licensed interests granted under this Agreement or any SOW. The term “ Work Product ” mea ns all other materials, reports, manuals, visual aids, documentation, ideas, concepts, techniques, inventions, processes, or works of authorship developed, provided or created by Ventiv or its employees or contractors during the course of performing work for Customer (excluding any Customer Data or Derivative Works thereof and excluding any output from the System generated by Customer’s use of the System, including without limitation, reports, graphs, charts, modified Customer Data, etc., but expressly including any form templates of such reports, graphs or charts by themselves that do not include Customer Data). Customer also acknowledges that the Ventiv Proprietary Technology contains Confidential Information belonging to Ventiv and its third-party suppliers, and that nothing herein gives Customer any right, title or interest in such Ventiv Proprietary Technology except as otherwise expressly set forth in this Agreement or in any SOW.

Customer acknowledges and agrees that Ventiv may use, without restriction, all suggestions, improvements and ideas concerning any part of the System (including without limitation any Beta Versions as defined in Section 16 below) or Intellectual Property Rights therein that may be communicated to Ventiv by Customer. Customer agrees to inform Ventiv immediately of any infringement or other improper action with respect to Ventiv’s Confidential Information, the System or the Intellectual Property Rights therein that comes to Customer’s attention.

3.6 Rights Reserved. Title, ownership rights, and all Intellectual Property Rights in and to the System will remain the sole property of Ventiv or its suppliers. Customer ac knowledges that the Software in source code form remains Confidential Information or a trade secret of Ventiv and/or its suppliers that the source code is not covered by any license hereunder and will not be provided by Ventiv. Except as set forth in this Agreement, no right or implied license or right of any kind is granted to Customer, regarding the System or any part thereof. Nothing in this Agreement confers upon either party any right to use the other party's trade names and trademarks, except for permitted license use in accordance with this Agreement. All use of such marks by either party will inure to the benefit of the owner of such marks, use of which will be subject to specifications controlled by the owner, and as set forth in Section 15.1below.

4. PASSWORDS.

4.1 Customer’s Obligations. Customer will be given all applicable passwords to use in connection with the System and will ensure that each user is given their own individual user ID and password, which may not be shared with another indiv idual for any reason. Customer will be responsible for changing such passwords immediately upon first use of the System. Customer is entirely responsible for maintaining the confidentiality of such passwords and of its accounts (including, if applicable, the passwords and accounts of each of the Customer personnel accessing the System by means of an account established by Customer). Customer is responsible for all access to and use of the System through Customer's passwords.

4.2 Unauthorized Access. Ventiv is not responsible for any unauthorized access and/or use by any third party who independently gains access to Customer’s instance of the Software on the System and/or related information, provided that such access is not caused or contributed to by Ventiv. Customer will notify Ventiv promptly of any unauthorized use of any user accounts or of any other breach of security occurring as a result of any activities of any of Customer's end -users or of any vulnerabilities that Customer believes are contained in or caused by the System such that Ventiv may take or recommend appropriate remedial measur es. Ventiv will have no liability for any loss or damage arising from Customer’s failure to comply with the provisions of this Section 4.

4.3 Ventiv and Customer agree (a) to maintain and update an industry standard anti-virus program within their respective c omputer systems and (b) to use commercially reasonable efforts to check attachments to e-mail messages that a party receives before saving such attachments to their respective organization’s hard drives or servers.

5. FEES AND PAYMENT TERMS.

5.1 Payments. Customer will pay to Ventiv all fees due to Ventiv under this Agreement, including without limitation, any Expenses (as defined below) incurred, as set forth on the Order Form in U.S. dollars (collectively “ Fees”).

Unless otherwise set forth in this Agreement, all Fees will be due within thirty (30) days after the date of the invoice for same. All Fees payable under this Agreement are fully earned, non -cancelable and the sums paid are non - refundable, unless otherwise outlined herein. If any amounts are withheld by Customer, Customer will, within fifteen (15) days from receipt of invoice (“Dispute Period”), provide Ventiv a reasonably detailed written explanation of the nature of the dispute, which explanation will set forth the dollar amounts withheld and the reasons for withholding such amounts. If Customer does not dispute the applicable invoice during the Dispute Period, any such dispute will be deemed waived. For clarity, Customer remains obligated to pay Ventiv for all portions of the applicable invoice that are not under reasonable and good faith dispute.

Ventiv shall send all invoices to Customer’s billing contact at:

Monica Turner
City of Compton
205 South Willowbrook Ave.

Compton, CA 90220

5.2 Expenses. Customer will reimburse Ventiv for all expenses, including travel-related expenses reasonably incurred in rendering Services to fulfill this Agreement and further detailed in an Order Form or any SOW (“Expenses”).

5.3 Overdue Accounts . A late fee may be charged by Ventiv on all undisputed Fees and Expenses not paid to Ventiv by Customer within thirty (30) days after receipt of the invoice for same at the lesser of the maximum amount chargeable by law or one and one half percent (1.0 ½ %) per month Ventiv Enterprise Claims (April 2019 version) Page 4 of 22 Ventiv Confidential commencing with the date payment was due. Customer will be liable for all costs of collection of such undisputed, overdue amounts including, without limitation, all court costs and attorneys' fees reasonably incurred by Vent iv.

Fees and Expenses due from Customer under this Agreement may not be withheld or offset by Customer against other amounts for other agreements between the Parties for any reason.

5.4 Taxes. The Fees and other charges do not include any applicable sales, use, and other taxes (including value added tax) and all applicable export and import fees, customs duties and similar charges, and Customer will also be responsible for the payment of all such taxes (other than taxes based on Ventiv’s income), fees, duties, and charges, and any related penalties and interest, which will be above and beyond, and in addition to, the Fees, arising from the payment of the Fees and from the delivery or license of the Software and Services to Customer, whether such taxes are assessed before or retroactively following the issue of any invoice by Ventiv. If Customer is required by law to deduct or withhold any tax or other amount from any sum payable to Ventiv, then the sum payable by Customer will be increased to the extent necessary to ensure that after such tax or other amount has been deducted, withheld or paid, Ventiv receives on the due date and retains (free from any liability in respect of any such deduction, withholding or payment) a net sum equal to what it would have received and so retained had no such deduction, withholding or payment been required or made.

6. CONFIDENTIAL INFORMATION.

6.1 Disclosure of Confidential Information . Neither party may use or disclose any Confidential Information of the other party, except on a need -to- know basis for purposes of performing its obligations under this Agreement.

This Agreement and its terms are Confidential Information. Disclosure of Confidential Information to employees of the parties hereto will be limited to those who have a need to know such informat ion in connection with carrying out the obligations of that party pursuant to this Agreement. Customer acknowledges that the all parts of the System are the Confidential Information of Ventiv and/or Ventiv’s licensors, and Customer agrees to treat such information as Confidential Information in accordance with the terms of this Agreement. A “party” (as used in this Section 6) will be deemed to include each party’s respective subsidiaries, affiliates and sister companies or any other organization in which such party has an ownership stake or over which such party can exert control, each of which such party will cause to observe the confidentiality requirements of this Agreement with respect to the information disclosed by the other party under this Agreement. The receiving party will only allow its independent contractors to receive the Confidential Information if such contractors execute nondisclosure agreements with Confidential Information restrictions no less protective than those of this Agreement; provided that the receiving party will not under any circumstances provide access to such Confidential Information to competitors of the other party.

A Party shall immediately notify the o ther Party of any actual or suspected unauthorized access, disclosure, or use of the Confidential Information and will assist in remedying any unauthorized access, use or disclosure of the Confidential Information and take immediate steps to prevent further unauthorized use or disclosure, including, without limitation, investigation of the circumstances of the disclosure a nd monitoring for further unauthorized access. Ventiv will provide Customer with the full details of the issue, root cause, and mitigation steps.

6.2 Legally Required Disclosures. If a receiving party is presented with legal process under which it could be l egally compelled to disclose any Confidential Information of the disclosing party (whether by oral question, deposition, interrogatory, request for documents, subpoena, civil investigative demand or similar process or by rule, regulation or other applicable law), such receiving party will promptly notify the disclosing party of the same before any disclosure is made so that the disclosing party may, at its discretion, seek a protective order or other appropriate remedy or may waive compliance with the confidentiality terms of this Agreement. If such protective order or other remedy is not obtained, or if the disclosing party waives compliance with the provisions hereof, then only that portion of the Confidential Information that it is legally required to be disclosed (as advised by a written opinion of counsel) may be disclosed.

6.3 Exclusions to Confidential Information. For purposes of this Agreement, “Confidential Information” will not include information or material which (a) enters the public domain (other than as a result of a breach of this Agreement); (b) was in the receiving party’s possession prior to its receipt from the disclosing party and not otherwise subject to an obligation of confidentiality; (c) is inde pendently developed by the receiving party without the use of Confidential Information; or (d) is obtained by the receiving party from a third party under no obligation of confidentiality to the disclosing party.

The receiving party will be entitled to use for any purpose any Residual Information obtained as a result of this Agreement, provided that the receiving party will not disclose Confidential Information of the disclosing party except as expressly permitted pursuant to the terms of this Agreement. The term “Residual Information” means the ideas, know-how and techniques retained in the unaided memories of the receiving party's personnel who have had access to the Confidential Information of the disclosing part y in the course of this Agreement. The receiving party will not have any obligation to limit or restrict the assignment of such persons or to pay royalties for any work resulting from the use of Residual Information. However, this sub -paragraph will not be deemed to grant to the receiving party a license under the disclosing party’s copyrights or patents. Section 7 of this Agreement and any business associate agreement Customer requires Ventiv to execute will govern al l use and protection of Customer Data.

6.4 Duration and Injunctive Relief. The confidentiality obligations set forth in this Section 6 will continue indefinitely following termination or expiration of this Agreement for as long as the Confidential Information remains a Trade Secret under applicable law and will continue for three (3) years following termination or expiration of this Agreement with respect to Confidential Information that does not rise to the level of a trade secret. The receiving party acknowledges that disclosure of any Confidential Information or trade secret by it or its employees will give rise to irreparable injury to the disclosing party or the owner of such information, not adequately compensated by damages.

Accordingly, the disclosing party will be entitled to seek equitable relief, including injunctive relief and specific performance against the breach or threatened breach of the undertakings in this Section 6, in addition to any other legal remedies which may be available.

7. CUSTOMER DATA AND SECURITY.

7.1 Customer Data Generally. Customer is the sole and exclusive owner of all Customer Data and all Intellectual Property Rights in the foregoing, whether or not provided to any other party under this Agreement. Customer Data will be governed under this section of the Agreement. Ventiv will not use Customer Data for any purpose other than that of providing the Software or rendering the Services under this Agreement, nor sell, assign, lease, or dispose of Customer Data. Customer assumes full responsibility for its employees, vendors, representatives, agents, and its clients (“ Customer Representatives ”) with respect to the transmission of Customer Data sent directly by Customer to Ventiv. Customer must ensure that all Customer Representatives provide such Customer Data to Ventiv via either an encryption process or a secure transport mechanism. Customer assumes full responsibility to safegua rd against unauthorized access and provide appropriate protection of its Customer Data prior to and during the transmission or transfer of its Customer Data to Ventiv.

Customer and Ventiv acknowledge that the accuracy of delivering the Software and Services depends upon the accuracy and completeness of the Customer Data and/or business requirements needed to deliver the Software and Services by Ventiv. Customer accepts sole responsibility for errors in the Software or Services to the extent resul ting from inaccurate or incomplete Customer Data supplied to Ventiv by Customer or Customer Representatives. Ventiv has the right to use the Customer Data for benchmarking purposes provided that Ventiv completely de-identifies all such Customer Data.

Ventiv acknowledges that computers, devices, data files, and Work Product created or utilized by Ventiv in the performance of Work under this Agreement may be subject to subpoena and litigation holds. Customer may require Ventiv to produce these items and Ventiv shall cooperate with providing such information.

If Customer informs Ventiv that a subpoena or litigation hold is in effect, then Ventiv shall take appropriate actions to prevent the identified information from being deleted or otherwise removed from the computers, devices, data files and Work Product, wherever housed or residing, including for any such resources engaged by Ventiv with other service providers for the duration of the li tigation hold period. Ventiv shall facilitate the retrieval and return to Customer for all such Customer data requested by Customer; including any such data stored or retained by Ventiv’s service providers engaged in relation to the services under this Agreement.

7.2 Security Generally . Ventiv represents and warrants that Ventiv, its partners, and/or its vendors, will maintain the Customer Data in a manner that conforms to applicable laws, utilizing generally accepted industry standard data management practices and no less than reasonable measures in the circumstances as it concerns environmental stability, data backup, backup frequency, media retention, data loss prevention, data/system security, and contingency plans/disaster recovery in accordance with the Information Security Protocols set forth below in Section 7.4. Access to Customer Data will Ventiv Enterprise Claims (April 2019 version) Page 5 of 22 Ventiv Confidential be r estricted to Ventiv employees who have been properly trained and instructed as to security and privacy policies, controls and procedures.

Ventiv represents and warrants that all Ventiv -owned computer systems and resources to be utilized in providing Services under this Agreement are owned and managed by Ventiv and physically in the control of Ventiv, unless otherwise agreed to by Customer. Ventiv further warrants that all customer data shall be stored in Data Centers located in the continental United States, and that no Customer Data at any time will be processed, transferred, or stored by any foreign country or to any portable or laptop computing device or any portable storage medium, unless that device or storage medium is in use as part of Ventiv’s designated backup and recovery processes and encrypted in accordance with generally recognized industry standards and this Agreement.

Should Ventiv seek to outsource these computer systems or resources, then Ventiv shall provide not less than sixty (60) days prior notice to Customer and Customer reserves the right to re-evaluate and/or request different arrangements with respect to this Agreement. In all events, Ventiv remains solely responsible for the security and protection of Customer Confidential Information provided under this Agreement.

7.3 Auditing Standards Report . Not less than annually or upon written request from Customer, Ventiv will provide Customer with a copy of its current certification or attestation report(s) concerning Ventiv's operation of the System. For example, URAC HIPAA Security Accreditation, ISO27001:2013, or replacement standard, concerning Ventiv's operation of the System.

7.4 Information Security Protocols . Ventiv uses a layered approach to information security. Ventiv will use commercially reasonable efforts to maintain the security, integrity and availabili ty of all Customer Data to which it has access, including but not limited to commercially reasonable efforts reflecting changing technological approaches, to comply with the following measures: (a) HIPPA Security Rule; (b) ISO 27001; (c) maintain a documented Information Security Program which includes annual risk assessment and management procedures; (d) maintain the principle of least privilege; (e) classify and handle all Customer data as confidential and apply the necessary security and controls to support HIPAA/HITECH Act compliance; (f) maintain commercially customary physical security and access controls for its data center(s); (g) maintain commercially customary network security controls including firewall and intrusion prevention solutions; (h) maintain commercially customary redundancy at the demark, network and system layers; (i) maintain commercially customary mon itoring solutions to continually manage health and capacity of the IT infrastructure components; (j) provide data encryption in a commercially customary manner of all data transmissions; (k) require a minimum of 128 -bit SSL encryption for application acces s and use; (l) maintain and update anti -virus program; (m) require individual user accounts and passwords for any access; (n) maintain strong password requirements for all Ventiv -managed accounts; (o) maintain generally acceptable user account management p rocesses and procedures; (p) maintain industry accepted data protection program; (q) maintain whole disk encryption for all laptops; (r) deploy software security patches in accordance with generally accepted industry best practices; (s) maintain and periodically test (at least annually) a commercially customary disaster recovery plan that provides adequate system backup, technology replacement, and alternate (backup -site) site capabilities; (t) follow commercially customary hardening procedures for system/device builds; (u) conduct ongoing vulnerability management through the use of commercially customary tools; (v) conduct periodic (at least annually) third party vulnerability assessments; (w) follow Open Web Application Security Project (OWASP) methodologies, guidelines and techniques for application development; (x) follow commercially customary change and release management practices for hardware and software changes; (y) follow commercially customa ry asset sanitization procedures to ensure decommissioned equipment is free of any and all Customer Data; (z) maintain Customer Data security using commercially customary database and application controls; (aa) notify Customer of any unauthorized access to Customer Data promptly upon confirmed discovery; and (bb) maintain at least one certification or attestation covered in Section 7.3 above or replacement standard on security practices from a nationally or globally recognized provider of such reports.

7.5 Operational Metrics. From time to time, Ventiv may collect and process technical and related information about Customer’s use of the Software and System (which may include, without limitation, ingest volume, search concurrency, number of u nique user logins, Internet protocol address, session duration and other similar data) and certain aggregated, anonymized data about the Software and Services or platform environment and configuration and use such information to support and troubleshoot issues, invoice, analyze trends and improve the Software and Services.

8. PROFESSIONAL SERVICES.

8.1 Services Generally. Subject to payment by Customer of the Fees detailed in the Order Form (Initial Order Form), Ventiv and its Affiliates will provi de Customer with the services listed below in (a) through (f) (collectively “Services”). Ventiv has the sole right and obligation to supervise, manage, contract, direct, procure, perform, or cause to be performed the Services to be performed by Ventiv hereunder unless otherwise provided herein. Ventiv may, as it deems appropriate, use subcontractors for all or any portion of the Services.

Ventiv may at any time remove and replace any such subcontractors. (a) Implementation Services . Ventiv will provide the implementation services described in the Statement of Work in Attachment 1 to this Agreement (“Implementation Services”).
(b) Training Services. Ventiv will provide the training services to Customer described in the SOW (“Training Services”) and Order Form. (c)
(d) Support and Maintenance Services . Ventiv will provide the customer support and maintenance services described in Section 9 (“Customer Support Services”).
(e) Ongoing Data Loads . Ventiv will provide the ongoing data loads described in the Order Form (“ Ongoing Data Loads”). Upon termination of the Agreement, or upon Customer’s written instruction, after final export of Customer Data by Customer, Ventiv will delete the Customer Data remaining on servers hosting the Services unless applicable law requires retention.

Retained data is subject to the confidentiality provisions of the Agreement. (f) Transitional Services. At Customer's expense on a time -and-materials basis, Ventiv will provide Customer with reasonable assistance in the winding down of the Services and/or tran sition of such Services to a new service provider in the event of any termination or expiration of this Agreement.

8.2 Change Control Procedures . Either party may during the implementation of the Project (as detailed in the SOW) request a change to any aspect of the Project Plan (“Change Request”). Such Change Request is to be delivered by the requesting party's Project manager (a “Project Manager”) to the other party's Project Manager. For the avoidance of doubt, any redefinition of the scope of services by Customer, or the provision by Customer of new details in respect of the implementation, will be deemed to constitute a Change Request. A Change Request must contain a detailed and complete explanation of the proposed changes. If there is any dispute as to whether a change requested by Customer is within or beyond the scope of the Project Plan, Ventiv will not be obliged to proceed with that change until that dispute is resolved and will proceed in accordance with the Project Plan as it then exists. If a Change Request is executed by authorized signatories of both parties, Ventiv will perform the services detailed in the Change Request in accordance with the terms and conditions of th is Agreement (subject to any specific terms of the Change Request itself), and such executed Change Request will constitute an amendment to this Agreement and the applicable Statement of Work.

8.3 Customer Obligations . Customer will maintain a designated representative who will be authorized to act as the primary point of contact for Ventiv in dealing with Customer with respect to each party’s obligations under this Agreement and on a timely basis and at no charge to Ventiv, issue all consents or approvals and make all requests on behalf of Customer. Customer will establish and maintain, at its own expense, all telecommunications equipment and access lines necessary to gain access to and support transmission of the Software via the System. Customer agrees to perform all tasks assigned to Customer as set forth in this Agreement, the SOW, or any Project Plan or as reasonably requested by Ventiv, and provide all assistance and cooperation to Ventiv in order to accomplish timely and efficiently the Services. Ventiv will not be deemed in breach of this Agreement or SOW in the event Ventiv’s failure to meet the responsi bilities and time schedules set forth in the SOW or any Project Plan is caused by Customer’s failure to meet (or delay in) its responsibilities and time schedules set forth in the applicable SOW, this Agreement or as otherwise requested by Ventiv. In the event of any delay in Customer’s performance of any of the obligations set forth in this Agreement, including any Statement of Work, or any other delays caused by Customer, the milestones, fees and date(s) set forth in the Statement of Work or Project Plan will be adjusted as reasonably necessary to account for such delays.

8.4 Additional Services. In the future, Customer may purchase additional services by executing an Order Form describing the proposed services and fee payment schedule. A new Statement of Work describing in detail the services to be provided may be attached to such Order Form (a “ New Statement of Work”). Once the Order Form and New Statement of Work are signed by both parties it will be incorporated herein by reference and made a part of this Agreement. No New Statement of Work will become effective until it has been executed by an authorized representative of both Ventiv and Customer and Ventiv Enterprise Claims (April 2019 version) Page 6 of 22 Ventiv Confidential attached to an Order Form. Any services detailed in a New Statement of Work will be deemed to be “Services” under this Agreement.

9. CUSTOMER SUPPORT SERVICES AND SLAS.

9.1 Customer Support Services. Ventiv will provide the Customer Support Services set forth in Schedule C.

9.2 SLAs. Ventiv will provide the System in accordance with the service levels set forth in Schedule C . In the event Ventiv fails to meet applicable system availability or Incident Response resolution timeframes set forth in Schedule C more than 2 times in any rolli ng quarterly period, then Customer shall be entitled to a pro rata credit equal to one month of the Subscription portion of the Annual Recurring Fees stated in Schedule B of this Agreement for the applicable Term for each month, in an amount not to exceed $10000, when such availability or Incident Response times are not met.

10. WARRANTY AND DISCLAIMER.

10.1 General Warranty. Each party represents and warrants that it is not subject to any agreement that would prevent it from complying with this Agreement. Ventiv re presents and warrants that it will comply with all applicable laws and regulations relating to its performance of the Services under this Agreement.

10.2 Software Warranty. Following Production Use of the System, Ventiv represents and warrants that during the Term the System will perform substantially in accordance with the Specifications for the System. If Ventiv receives written notice that the System does not perform as warranted within sixty (60) days of such non -performance, Ventiv will, at its option and at no additional charge to Customer, undertake to correct errors, or replace such portions of the System free of charge with software that performs as warranted hereunder. If Ventiv is unable to repair or replace the non-conforming software, then Customer’s sole and exclusive remedy against Ventiv will be to terminate this Agreement and receive a pro -rata refund of Subscription Fees paid under the Agreement for its use of the System for the terminated portion of the Term. For the avoidance of doubt, Ventiv will not be responsible for payment of any fines assessed against Customer by any regulatory authority for failure of the Customer to comply with statutory or regulatory requirements of any kind.

10.3 Services Warranty. For sixty (60) days after the performance of any Services under this Agreement, Ventiv warrants that such Services will be performed in a professional and workmanlike manner consistent with generally accepted industry practices. For any breach of this services warranty, AND Ventiv’s 's entire liability w ill be the re -performance of such deficient Ventiv Services. Ventiv shall have an opportunity, not to exceed 30business days, to satisfactorily reperform the deficient Services to Customer’s reasonable satisfaction, , or as otherwise agreed by the parties. If Ventiv fails to satisfactorily reperform such Services, then Ventiv shall promptly refund to Customer all fees paid for such Services. Customer must identify in a written notice to Ventiv any deficiencies in such Services within ninety (90) days of completion of such deficient Services in order to receive the above warranty remedies.

10.4 Customer Warranty. Customer represents and warrants that Customer is authorized to provide Ventiv with the Customer Data and that Ventiv is authorized to use such Customer Data solely for the purpose of providing the System and Services.

10.5 Exclusions. Ventiv does not warrant and is not responsible for (a) any third-party products not provided by Ventiv, or (b) services not provided solely by Ventiv, its agents and subcontractors.

10.6 DISCLAIMER. OTHER THAN AS EXPRESSLY SET FORTH IN THIS

AGREEMENT, NEITHER VENTIV, ITS AFFILIATES, LICENSORS OR SUPPLIERS, NOR

THEIR OFFICERS , DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS OR

REPRESENTATIVES MAKES ANY EXPRESS OR IMPLIED WARRANTIES ,

CONDITIONS, OR REPRESENTATIONS TO CUSTOMER, OR ANY OTHER PERSON OR

ENTITY WITH RESPECT TO THE SOFTWARE, SYSTEM AND SERVICES PROVIDED

HEREUNDER OR OTHERWISE REGARDING THIS AGREEMENT, WHETHER ORAL OR

WRITTEN, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION

THE IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY , THE IMPLIED

WARRANTY AGAINST INFRINGEMENT , AND THE IMPLIED WARRANTY OR CONDITION OF FITNESS FOR A PARTICULAR PURPOSE . VENTIV DOES NOT

WARRANT THAT THE OPERATION OF THE SOFTWARE, SYSTEM OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.

11. INDEMNIFICATION.

11.1 Ventiv Indemnity. Ventiv will indemnify, defend, and hold Customer, its individual directors, officers, employees and agents, harmless from and against any claims, actions or proceedings, arising out of any third - party claim that the Software or the permitted use thereof infringes or violates any third party's valid U.S. patent, copyright or trade secret (“IP Claim”). If in Ventiv’s reasonable judgment any such IP Claims, or threat of an IP Claim, materially interferes with Customer's use of the Software, Ventiv will consult with Customer, and Ventiv will have the option, in Ventiv's sole discretion, to (i) substitute functionally equivalent non-infringing software or documentation, (ii) modify the Software to make it non-infringing, (iii) obtain for Customer at Ventiv's expense the right to continue using the infringing Software; or, if the foregoing is not feasible in Ventiv's sole discretion, Ventiv will (iv) require Customer to cease using the System, refund a pro -rata portion of the Subscription Fees (as defined in the Order Form) for the System for such period of time in which Customer was unable to use the Software or System. Ventiv will have no indemnity obligation for claims of infringement resulting or alleged to result from (i) any combination, operation , or use of any Software with any programs or equipment not supplied or authorized by Ventiv or not specified in this Agreement for such purpose if in Ventiv’s reasonable judgment such infringement would have been avoided by the combination, operation, or use of such Software with items supplied by Ventiv or specified in this Agreement for such purpose; (ii) inclusion of Customer Data; (iii) any modification of the Software by a party other than Ventiv if such infringement would have been avoided in the absence of such modifications; or (iv) the use of the Software in a manner other than for its intended purposes or contrary to the Specifications. This Section 11.1 states Ventiv's entire liability and Customer’s sole and exclusive remedy for infringement claims and actions.

11.2 Customer Indemnity. Customer will indemnify, defend, and hold Ventiv, its Affiliates, and their respective individual directors, officers, employees and agents, harmless from and against any claims, actions or proceedings, arising out of any third-party claim: (a) resulting from Customer's reliance on results obtained through the use of the System (provided the System has functioned in accordance with the Documentation); (b) that the Customer Data or Ventiv’s receipt and possession of such Customer Data infringes or violates the rights of such third party.

11.3 General. The defense and indemnification obligations set forth in this Section 11 are conditioned upon (i) the indemnified party providing the indemnifying party timely notice of any clai m or cause of action upon which the indemnified party intends to base a claim of indemnification hereunder, (ii) the indemnified party providing reasonable assistance and cooperation to enable the indemnifying party to defend the action or claim hereunder; and (iii) allowing the indemnifying party to control the defense and all related settlement negotiations; provided that the indemnifying party may not settle any claim that results in the indemnified party's liability and the indemnifying party will be required to consult with the indemnified party during any settlement discussions.

12. LIMITATION OF LIABILITY.

12.1 LIMITATION OF REMEDY. EXCEPT AS PROHIBITED BY LAW , IN NO

EVENT WILL EITHER PARTY, OR ITS CONTRACTORS, LICENSORS OR SUPPLIERS OR

ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS OR

REPRESENTATIVES BE LIABLE TO THE OTHER PARTY, OR ANY OTHER PERSON OR

ENTITY FOR ANY SPECIAL , INCIDENTAL, CONSEQUENTIAL, INDIRECT,

EXEMPLARY, OR PUNITIVE DAMAGES OR LIABILITIES FOR ANY CAUSE

WHATSOEVER ARISING OUT OF OR RELATING TO THIS AGREEMENT, INCLUDING

ALL STATEMENTS OF WORK, ORDER FORMS, OR AMENDMENTS THERETO,

WHETHER IN CONTRACT OR TORT OR BY WAY OF INDEMNITY OR OTHERWISE ,

INCLUDING A BREACH THEREOF OR INCLUDING DAMAGES OR LIABILITIES FOR

LOST PROFIT , LOST REVENUE , LOSS OF USE , LOSS OF GOODWILL , LOSS OF

REPUTATION, LOSS OF DATA, REGULATORY FINES, COSTS OF RECREATING LOST

DATA, THE COST OF ANY SUBSTITUTE EQUIPMENT, SOFTWARE PROGRAM, OR

DATA, REGARDLESS OF WHETHER THE POSSIBILITY OF SUCH DAMAGES OR

LIABILITIES HAVE BEEN COMMUNICATED TO SUCH PARTY AND REGARDLESS OF

WHETHER SUCH PARTY HAS OR GAINS KNOWLEDGE OF THE EXISTENCE OF SUCH DAMAGES OR LIABILITIES.

12.2 MAXIMUM LIABILITY. (A) EXCEPT FOR (I) THE RECOVERY OF SUMS

DUE UNDER THIS AGREEMENT OR IN AN SOW, (II) AS PROHIBITED BY LAW OR (III) FOR CLAIMS ARISING UNDER SECTIONS 6 (OTHER THAN DATA BREACHES),

11.1 AND 11.2;, IN NO EVENT WILL EITHER PARTY 'S LIABILITY FOR ANY

DAMAGES TO THE OTHER , ANY OF ITS AFFILIATES , OR TO ANY THIRD PARTY

REGARDLESS OF THE FORM OF ACTION , WHETHER BASED ON CONTRACT, TORT,

NEGLIGENCE, STRICT LIABILITY , PRODUCTS LIABILITY OR OTHE RWISE, EVER

EXCEED THE ACTUAL FEES RECEIVED BY VENTIV UNDER THIS AGREEMENT FOR

THE PORTION OF THE SOFTWARE OR SERVICES GIVING RISE TO SUCH CLAIM DURING THE PRECEDING TWELVE (12) MONTH PERIOD.

13. TERM AND TERMINATION.

Ventiv Enterprise Claims (April 2019 version) Page 7 of 22 Ventiv Confidential

13.1 Term and Renewals. The initial term of this Agreement, including the Maintenance and Support Services will begin on December 18, 2022, the Effective Date of this Agreement, and will continue for a term of five (5) years (i.e. December 18, 2022 through December 17, 202 7 (the “ Initial Term”), unless earlier terminated in accordance with this Section 13. Customer shall have the option to renew/extend the Term of this Agreement for up to two (2) one (1) year terms (the “Renewal Term”), upon ninety (90) days written notice prior to the expiration of any given Term. Except as set forth on the Order Form, any change in Recurring Fees (including Support and Maintenance Fees) for any year shall not exceed five percent (5.0%). For the avoidance of doubt, this provision shall not apply to any fees incurred pursuant to any Amendment or SOW for the purchase of additional Products or Services.

13.2 Termination for Breach . In the event that either party materially defaults in the performance of any of its duties or obligations under this Agreement and does not substantially cure such default, or commence a cure, within thirty (30) days after being given written notice specif ying the default, the non-defaulting party may, by giving written notice thereof to the defaulting party, terminate this Agreement. Ventiv may, by written notice to Customer, terminate Customer’s right to use the System without liability to Customer, if Customer fails to pay the applicable fees for the System as set forth in the Order Form within thirty (30) days after Ventiv gives Customer notice of such nonpayment. Any such suspension or termination of access to the System does not relieve Customer from paying any past due amounts and any amounts due Ventiv through the expiration date of this Agreement.

13.3 Effect of Termination. Within thirty (30) days (or earlier upon Ventiv’s reasonable written request) after the effective date of a termination of this Agreement for any reason, Customer will (i) pay Ventiv for all Services satisfactorily performed by Ventiv up to the effective date of such termination and all other amounts owed by Customer to Ventiv under this Agre ement including, but not limited to, all undisputed Fees owed by Customer as of the effective date of termination according to the payment schedule set forth in the Order Form, regardless of the date of; and (ii) destroy or return to Ventiv all Ventiv prop erty, including, but not limited to all Documentation and the Confidential Information of Ventiv. Upon the destruction or return of such materials, Customer will provide Ventiv with a signed written statement certifying that it has destroyed or returned all Ventiv property to Ventiv. Upon termination of this Agreement for any reason, all rights and licenses granted by Ventiv hereunder to Customer will immediately cease.

13.4 Return of Customer Data. When requested in writing by Customer, based upon termination of this Agreement, Ventiv will deliver (within sixty (60) days of receipt of request) electronic files containing all available Customer Data. Ventiv will deliver the data files in a normalized, ASCII, flat file format.

The files will be encrypted and posted to an agreed to SFTP site. Standardized documentation describing the data files will be included. All work completed by Ventiv for the extract of the data will be billed to the Customer on a time and materials basis at a rate not to exceed $240/hour. Sixty (60) days following termination of this Agreement, all Customer Data in the System will no longer be available on Ventiv's Systems, as Ventiv will purge all such Customer Data from its Systems, and all such Customer Data will either be returned to Customer if requested in accordance with this Section 13.5 or, if return of data is not requested, it will be destroyed, unless otherwise agreed by the parties in writing. All data received from third parties for Customer will also be deleted from Ventiv’s Systems within the 60-day period.

13.5 Survival. Termination of this Agreement will not affect survival of the provisions regarding Ventiv’s or Customer’s treatment of Confidential Information, provisions relating to the payments of amounts due that have accrued prior to termination, indemnity provisions, provisions limiting or disclaiming the party's liability, provisions on non-solicitation of employees, or the provisions on termination, which provisions will survive such termination.

14. DISPUTES.

If at any time a dispute arises out of or in connection with this Agreement or any part thereof ( e.g., a SOW), then Ventiv and Customer (together the “Parties”) will have their respective Project Managers meet in good faith with a view to resolving the dispute within a period of fifteen (15) working days from the day the dispute first arises. Should the Parties not be able to resolve the dispute within the fifteen (15) working days, then both Parties will refer the matter to their own appropriate level of senior executive management respectively for resolution. If the relevant senior executive management of Ventiv and Customer are unable to resolve the dispute within a further ten (10) working day period, then the Parties will attempt to settle the dispute through discussions between each Parties' respective Chief Executive Officer. In the absence of an amicable resolution within fifteen (15) days from the meeting of the respective Chie f Executive Officers in accordance with the conditions set forth in this Section 14, the dispute may then be submitted to the appropriate courts having jurisdiction over the matter as governed by Section 15.6. Nothing in this Agreement will prevent either party from taking such action as it deems appropriate (including any application to a relevant court) for injunctive or other emergency or interim relief in relation to its Intellectual Property Rights or Confidential Information.

15. GENERAL.

15.1 Marketing. Neither Party shall issue press releases or other publicity regarding this Agreement and the Work or Services performed hereunder, or use the other Party’s name, logo, trademark or brand in any publicity, publication, web site, marketing materials, any a dvertising or client listing or any similar use or dissemination of the other Party’s identity or identifying marks without first obtaining the prior review and written approval of the other Party. Such approval may be withheld, at the discretion of the consenting Party.

From time to time, but not more than twice per year, Customer, in its sole discretion, will agree to act as a reference for future potential clients of Ventiv.

15.2 Force Majeure. Neither Ventiv nor Customer will be liable to the other for any delay or failure to perform (other than a failure to pay monies due under this Agreement) arising out of causes beyond its reasonable control including, but not limited to, riots, epidemics, severe weather, acts of the other party, fire, flood, terrorism, war, acts of the enemy, embargoes or work stoppages, labor disputes or strikes. Ventiv and Customer will notify each other promptly upon learning of any event that may result in any delay or failure to perform. If the force majeure event occurs and continues to prevent substantial performance for more than thirty (30) days the other party has the right to terminate this Agreement.

15.3 Entire Agreement. This Agreement and any Addenda hereto signed by the parties, constitutes the entire agreement between the parties regarding the subject matter hereof and supersedes all prior agreements, negotiations, representations and proposals, written or oral. Neither party has relied upon any representation not contained in this Agreement as an inducement to enter into this Agreement. This Agreement will prevail over any conflicting or additional provision of any click -through agreement or consent to access the Services, purchase order or any other instrument of Customer or Ventiv, it being understood that any purchase order issued by Customer will be for Customer's convenience only, and any differing or additional terms and conditions contained therein are hereby expressly rejected by Ventiv. This Agreement will be construed and interpreted fairly, in accordance with the plain meaning of its terms, and there will be no presumption or inference against the party drafting this Agreement in construing or interpreting the provisions hereof. No modifications, additions, or amendments to this Agreement will be effective unless made in writing and signed by duly authorized representatives of the parties.

15.4 Assignment. Except as otherwise set forth in this Agreement, this Agreement and all rights and obligations may not be assigned (by operation of law or otherwise) in whole or in part by Customer, and any such attempted assignment will be void and of no effect; provided, however, that either party hereto will have the right to assign this Agreement to another entity in connection with a reorganizati on, merger, consolidation, acquisition or other restructuring involving all or substantially all of the voting securities and/or assets of the assigning party. This Agreement will be binding upon and inure to the benefit of the parties, their legal represe ntatives, permitted transferees, successors, and assigns as permitted by this Agreement. Except with respect to indemnification provisions, there are no third -party beneficiaries of this Agreement and, in particular but without limiting the generality of the foregoing, no end -users of the Customer or any Customer Affiliate will have any legal rights or entitlements of any kind hereunder under any circumstances

15.5 Waiver and Invalidity. No delay or failure in exercising any right hereunder and no partial or single exercise thereof will be deemed to constitute a waiver of such right or any other rights hereunder. If any provision hereof is declared invalid by a court of competent jurisdiction, such provision will be ineffective only to the extent of such invalidity, so that the remainder of that provision and all remaining provisions of this Agreement wi ll be valid and enforceable to the fullest extent permitted by applicable law.

15.6 Choice of Law. This Agreement will be exclusively construed, governed and enforced in all respects in accordance with the internal laws (excluding all conflict of law rules) of the State of California and any applicable federal laws of the United States of America, as from time to time amended and in effect. Each party agrees that any claim or cause of action whether in law or equity, arising under or relating to this Agreement may be brought in a court of appropriate jurisdiction in the state or federal courts for the place of principal business of the non-moving party; and each party agrees to the personal and Ventiv Enterprise Claims (April 2019 version) Page 8 of 22 Ventiv Confidential subject matter jurisdiction of such courts. . The parties agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply in any respect to this Agreement or the parties hereto. The parties hereby agree that their r espective rights and obligations hereunder will be solely and exclusively as set forth herein and that UCITA, whether enacted in whole or in part by any state or applicable jurisdiction, regardless of how codified, will not apply to this Agreement and is hereby disclaimed. Each party represents and warrants that it is aware of, understands and has complied and will comply with, all applicable U.S. and foreign anti -corruption laws, including without limitation, the U.S. Foreign Corrupt Practices Act and the U.K. Bribery Act.

15.7 Counterparts. This Agreement may be executed in any number of counterparts, each of which will be deemed an original but all of which together will be deemed for all purposes to constitute one and the same instrument.

Signatures transmitted and received via facsimile or other electronic means will be treated as original signatures for all purposes of this Agreement.

15.8 Solicitation. To promote an optimum working relationship, the parties agree in good faith not to knowingly solicit for employment, directly or indirectly, employ or otherwise engage any employee who has been involved in rendering or receiving services hereunder as an employee of the other party without that party’s prior written consent. This restriction will apply during the term of and for a period of six (6) months after the termination of this Agreement. The provisions of this Section 15.8 will not restrict the hiring of any person who: (i) has not been involved in rendering or receiving services, on behalf of Ventiv or Customer, under this Agreement; (ii) as of the time of hiring, has not been an employee of the other party at any time during the preceding one hundred eighty (180) days; or (iii) responds to a publicly announced vacancy notice.

15.9 Government Entities. The Software is "commercial computer software" or "commercial computer software documentation" and that, absent a written agreement with Ventiv to the contrary, the government's rights with respect to such Software are, in the case of civilian agency use, Restricted Rights, as defined in FAR §52.227.19, and if for Department of Defense use, limited by the terms of this Agreement, pursuant to DFARS §227.7202.

15.10 Restricted Nations . The term “ Restricted Nation ” means any country, individual, group or organization on the U.S. Department of Treasury's Office of Foreign Assets Control's Country Sanctions Program or list of Specially Designated Nationals, or the U.S. Department of Commerce's Bureau of Export Administration's List of Denied Persons, as each may be amended from time to time. Customer represents and warrants that it will not allow access to the Software and/or System to any user and/or perform a transaction related to (i) an individual located in a Restricted Nation; (ii) a business or organization owned, controlled by or acting on behalf of an individual, business or organization in a Restricted Nation; (iii) a government of a Restricted Nation; (iv) a business or organization owned, controlled by or acting on behalf of a government of a Restricted Nation; and (v) an individual, group or organization on the U.S. Department of Treasury's Office of Foreign Assets Control's list of Specially Designated Nationals or the U.S. Department of Commerce's Bureau of Export Administration's List of Denied Persons. Subject to Customer having been notified by Ventiv of any changes to the Restricted Nations, Customer will defend, indemnify, and hold Venti v, and Ventiv’s officers, directors, employees, agents, suppliers, or representatives harmless from and against any and all losses, damages, costs, and expenses, including legal fees, incurred directly or indirectly as a consequence of Customer’s failure to comply with this Section. This obligation will survive termination of this Agreement.

15.11 Notices. Any and all notices permitted or required to be given hereunder will be deemed duly given (a) upon actual delivery, if delivery is by hand; or (b) upon delivery into the United States mail if delivery is by postage paid registered or certified return receipt requested mail. Each such notice must be sent to the respective party at the addresses indicated on the signature page.

16. Beta Testing and Sunset. In the event that Customer agrees to beta- test any new software or new functionality (“Beta Versions”) for Ventiv under the terms of this Agreement, Customer acknowledges and agrees that THE BETA VERSIONS ARE PROVIDED ON AN “AS-IS” BASIS and none of the warranties set forth in this Agreement with respect to the Software or System will apply to any Beta Versions. Ventiv will not be liable for any damages whatsoever that arise out of Customer’s use of the Beta Version if Customer attempts to use the Beta Versions with anything other than test data in a test environment. Ventiv will have the right upon 120 days prior written notice to sunset and discontinue support of any of the Software provided under this Agreement in its sole discretion, subject to prorate reduction or refund of Support Fees paid for any such Software no longer being supported.

Ventiv Enterprise Claims (April 2019 version) Page 9 of 22 Ventiv Confidential Schedule A to the Ventiv Claims Enterprise Software License & Support Agreement

Software Description

The Software being provided to Customer are Ventiv Claims Enterprise, Integrated Risk Management and Ventiv Digital products that include a number of different modules. Part I below includes a description of each module within the Software that the Customer will have a right to use based on the Fees set forth in the Order Form. Part II below describes the different user types and the level of access granted to each type of user. The Order Form will designate what type of users the Customer has purchased.

I. Ventiv Claims Enterprise

A. Claim Administration Modules

1. Workers’ Compensation Module
Ventiv Claims Enterprise automatically calculates all temporary disability (TD) and permanent disability (PD) rates, given an incident date and a wage information. Additionally, the system can be set up to schedule and generate TD payments automatically. Other key worker’s compensation features of Ventiv Claims Enterprise include:
• Jurisdiction-specific forms and letters for all 50 states • OSHA 300, 301, 300A tracking and report generation
• Work status tracking
• Multiple dependent tracking
• Calculation of most jurisdictional standard compensation rates • Medical management
• Business rules to facilitate compliance with state requirements • Option to produce the Employer’s First Report of Injury (FROI) and/or Subsequent Report of Injury (SROI)

2. Property and Casualty Module
For processing of Property and Casualty claims, such as General Liability, Professional Liability, Automobile Insurance, and other such Property and Casualty Lines of Business. The Ventiv Claims Enterprise Property & Casualty module is specifically designe d to support multiple claimants to one incident. Each claimant supports its own set of financials and ancillary information (diary, notepad, correspondence, email, etc.). However, reports and online viewing of financial reserve information can be rolled up to the occurrence level. Other Ventiv Claims Enterprise liability claim features include:
• Tracking of multiple claimants per incident as well as initial claimant demand and multi-vehicle information • Contact management
• Multiple employer tracking
• Vehicle reporting
• Traffic-accident tracking

Core Components Included. Each of the core components listed below comes standard with either of the modules listed above under Claims Administration Modules.
• Business Rules – Ventiv Claims Enterprise includes a full business rules engine with hundreds of rule templates that can be used to manage workflow for claims, including monitoring (e.g., notifying supervisors of open claims with no diary activity in X days ) and event-driven rules (e.g., sending forms/letters for new claims). As Customer creates its own business rules, it can name each rule as desired, and even create its own folder system for organizing the rules. Existing rules can be moved or copied from folder to folder as needed, making it easy to create new rules that are similar to an existing rule.

• Workflow Queues – Ventiv Claims Enterprise has the capability to define workflow queues

• Searches - All claims can be looked up through the query functionality on the Ventiv Claims Enterprise home page. For example, on the home page, Claimant Search tab can find claims based on one or more of the following criteria: Claim Number, Social Secur ity Number, Insured, Adjusting Office, Injured Part, Claimant Liability, Employ ee Number, Policy, Examiner, Medical Record Number, Incident From and Through Dates, Insurer Name, Affiliate Claim Number, and Insurance Type. Search results can be managed easily in Ventiv Claims Enterprise through multi-tiered sorting and filtering capabilities (which can be set as user preferences to apply to future searches), as well as the ability to “lock” selected columns for easy visual reference while scrolling through results. Venti v Claims Enterprise also includes auto-complete and extended search (e.g., vendor and contact records in addition to claims) options to help users find the records they want.

• Diary Management –. Each user can track their diary activities in Ventiv Claims Enterprise. Diaries can be manually entered or generated automatically by business rules. These activities can be filtered by category, priority, and date range to help manage an Ventiv Enterprise Claims (April 2019 version) Page 10 of 22 Ventiv Confidential examiner’s caseload. User may also view diary activities at a claim level, showing all diaries scheduled for a single claim, enabling multiple users to collaborate on a claim. Security can be applied to diaries, restricting access by a combination of confidentiality level and diary category types, enabling certain groups of users to have diaries that cannot be seen by other workgroups. In addition, Ventiv Claims Enterprise gives users the ability to temporarily re -assign diaries for examiners who are on leave, or simply to oversee an examiner’s workload to make sure he or she is not getting behind or “stair stepping” their diaries.

• Notepads - Used for documenting conversations, creating action plans, attaching electronic files such as photographs, and more. Ventiv Claims Enterprise provides unlimited free-form text entry in the notepad body that can be manually or automatically spell-checked upon saving (using American, legal, and medical dictionaries). Each notepad category can have a customizable template associated with it, enabling customers to establish standards for data Ventiv Digital in the notepad. In addition, security can be applied to specific notepad types (for example, case manager notes that can be hidden from examiners). Similarly, users can use a filtering option to view only notepads that meet selected criteria.

• Correspondence - Ventiv Claims Enterprise integrates with Microsoft Word for managing written correspondence, using user-definable templates stored in the application server. Users can generate a letter from a claim file simply by selecting a master group from a drop- down list, then choosing a specific letter within that group from another drop -down list. Ventiv Claims Enterprise then merges data from the claim file into the letter based on the template, and displays the letter in Microsoft Word on the user’s com puter for any additional editing and/or formatting. When custom changes to the letter are complete, the user will have a choice of saving the letter in draft mode or final mode (final mode will disallow further changes to the letter). Sent correspondence is can be locked in the database as read only, but can be easily retrieved and viewed. Other features of Ventiv Claims Enterprise correspondence include:
o Inserting an examiner’s signature
o Customized form/letter headers and footers
o Prompts for selection certain fields such as care providers, legal counsel, payment amounts, etc., associated with the claim in forms that require an objective decision
o Auto-calculated fields such as benefit totals.
o CA EAMS Forms – eForms option – The CA Division of Workers' Compensation, Electronic Adjudication Management System forms (EAMS forms) are provided and maintained within Ventiv Claims Enterprise. Ventiv Claims Enterprise supports the eForms solution option. JET filing is not supported at this time

• Payments and Reserves - Ventiv Claims Enterprise financial functionality is broken into two main areas, payments and reserves. Both functional areas are governed by business rules, SIR limits established by the p olicies, and user payment and reserve authority limits.

Ventiv Claims Enterprise allows users to create “unapproved” payments and reserves above their authority limits. When “unapproved” payments or reserves are created, supervisors can be notified in real time through their User Diary, or these transactions can be queued in a list for a supervisor to review periodically through the day, approving them in bulk or individually. Payments that are due, but have unapproved reserves, unapproved payments, incomplete addresses, etc., will not be authorized for printing, but will be caught on a payment report specifying the reason for not being authorized (which can be distributed for correction). Ventiv Claims Enterprise also has the ability to schedule a series of payments that auto -calculate the benefit to be paid over a period of weeks, and schedule the payments for release on their proper due date.

• Vendor Management - Ventiv Claims Enterprise provides vendor management capabilities, including vendor search options from the home page and the payment screen (for selecting a vendor to pay). The Vendor Payment record has fields for tracking a vendor’s name, address, main contact, vendor type and specialty, and ACH information for electronic funds transfer. In addition, Ventiv Claims Enterprise allows you to combine payments from multiple claims onto one vendor payment, as well as to have multiple vendor locations with a single tax ID. Other features include managing withholding payments for multiple date periods, W9 form requests, and other correspondence to the vendor. Ventiv Claims Enterprise also has a built -in interface that ensures compliance with f ederal Office of Foreign Assets Control (OFAC) regulations during the vendor payment process by performing a search against OFAC’s published list of individuals and companies owned or controlled by, or acting for or on behalf of, targeted countries.

• Policy Maintenance Module - Ventiv Claims Enterprise provides comprehensive insurer, bank account, insured, policy, policy period, reinsurance, and agent tracking for policy verification, assignment and reporting. Policy period deductibles, premium, payroll, and other information are tracked for each contract period. Other features include:
o Excess and reinsurance tracking
o Coverage assignments to multiple locations
o SIR by claim, by occurrence, and various reporting levels

• Organizational Hierarchy - Ventiv Claims Enterprise supports up to 20 levels of organizational hierarchy, including the ability to define relationships between entities within an organization. Assignment of a claim to an organizational level is accomplished using a directory tree (similar to Windows Explorer) that displays each level as a folder with expandable sublevels. Selecting a sublevel enables that claim’s financial and other information to roll up in reports under the parent organizational levels.

• Litigation Tracking - Ventiv Claims Enterprise has a litigation tracking window that enables multiple lawsuits to be tracked, with multiple claimants and attorneys associated with the suit. This screen comprises extensive information, including demand amou nts, hearing dates, court assignments, and more. Business rules can be configured based on dates entered in the litigation management window to notify system users (via diaries) or external partners such as defense attorneys (via e -mail) of upcoming hearin gs or trials.

Ventiv Claims Enterprise also has a Litigation Calendar that displays daily, weekly, or monthly litigation activity across multiple suits, claims, and counsel, using an interface similar to Microsoft Outlook. The calendar also has a filter th at allows the user to show only activities of a particular type or involving specific counsel, dates, and so forth.

Ventiv Enterprise Claims (April 2019 version) Page 11 of 22 Ventiv Confidential • Case Load Management - This functionality will help a supervisor review each examiner’s cases, and easily re-assign claims to another examiner by highlighted the claims to be moved, selecting the Assign Examiner button, and deciding which examiner, supervisor , or adjusting office to move claims to, and whether or not to move diaries assigned to the claim file.

• Reporter Module (includes Report Design Tool & Report Distribution) – Ventiv Claims Enterprise provides a broad range of standard report templates designed to enable users to analyze data from and insurance and risk management perspective. Reports can be run using diverse filtering and grouping options, and the report output can be saved for future reference or for distribution. Data can also be downloaded to excel for further analysis. The Report Design Tool can be used to modify existing standard report templates or to create a new report from scratch without any programming assistance. Report Distribution allows for the batch scheduling of electronic reports to be generated without user intervention.

• Scheduler – This module is used to configure, schedule, run and manage all jobs, processes, routines, services, etc., that need to be run on a regular or occasional basis. Examples are payment processing and check printing, report generator, import and export jobs. Ventiv Claims Enterprise Scheduler features includes job chaining, error handling, e-mail error notification, and schedule monitoring.

• Claim Mail – Ventiv Claims Enterprise Mail is a fully integrated e -mail system within Ventiv Claims Enterprise that associates an e - mail account with each claim file. Sending an e -mail from a claim uses an interface similar to Microsoft Outlook, with comparable address book, text entry, and file attachment capabilities. Replies to Ventiv Claims Enterprise Mail messages are automatically placed in the claim file’s Ventiv Claims Enterprise Mail inbox (only displaying e-mail associated with only the one claim), as well as the user’s Ventiv Claims Enterprise Mail inbox (which displays e -mail from all claims). While viewing a claim-related e-mail in his or her user inbox, the user can navigate directly to the claim file by double-clicking a link in the message. [disclaimer - email in and out of Ventiv Claims Enterprise is based on client’s email system and their security………Ventiv has no liability around email system]

• Guest Links - E-mail generated by Ventiv Claims Enterprise (via either Claim Mail or business rules) can include a “guest link” that provides the recipient with single-click access to the referenced Ventiv Claims Enterprise claim file, even if the recipient is not an Ventiv Claims Enterprise user—all he or she needs is a web browser and an Internet connection. This feature enables examiners to share claim information online in real time with lawyers, investigators, nurse case managers, etc., without having to mail hard copies of the claim file. [disclaimer - email in and out of Ventiv Claims Enterprise is based on client’s email system and their security………Ventiv has no liability around email system]

• Medical Case Management – to track the referral of claims for nurse case management, including triage of the case, medical authorization, utilization review savings, and time tracking.

• Security and Configuration Administration - Ventiv Claims Enterprise uses role-based security to completely configure the user interface for the various workgroups that will be accessing the system. Each role can be defined by hiding tabs and fields, setting fields as read only, re-labeling field names, hiding columns of data, restricting access to data in tables, hiding items in drop down menus, etc.

• Complete Audit Trails - In order to preserve a comprehensive audit trail of t ransactions and information in Ventiv Claims Enterprise, any modification to claim data is logged with the user ID and timestamp. Both the creation of and changes to payments, reserves, diaries, notes, correspondence, and e -mail are all tracked by date/time/user stamp information. To ensure an accurate audit trail, there is no delete button on any claim-related page in the system. In addition, Ventiv Claims Enterprise Full Table Auditing functions provides clients with the ability to log all field changes and have an ongoing audit function. A user can search the Audit Logs and view log items. A search tool is provided on the Full Table Audit tab to enable users to quickly and easily access the edit logs they need to view.

B. Optional Modules

• ISO ClaimSearch Interface – Two-way interface with ISO that identifies claim histories of insureds and claimants to assist in the adjustment of claims and detection and prevention of insurance claim fraud. When Customer submits a claim, it will automatically receive any applicable matches along with other system information that helps verify data submitted as part of the claim report. Customer will be responsible for obtaining a license from ISO for the ISO functionality accessed by the ISO ClaimSearch Interface.

• CA Commutation Calculator – Incorporates the California Commutation Calculator for present value calculation of Permanent Disability per Labor Code §§5100-5106. Multiple calculations can be stored on each claim. Calculation results can then be copied to the scheduled payments for the remainder (if any) of the award. The commuted amount can also be copied to the payment window for payment processing.

• Check Printing Module – Provides high-quality printing of custom -designed checks using an existing laser printer and stock paper, including the capability to combine mult iple payments per check according to Customer’s specifications. The module also includes custom graphics and gives Customer control over different check stocks for different accounts.

• Electronic Funds Transfer – The ability to make payments directly into a claimant’s bank account.

• Document Imaging Module – Enables the attachment of scanned documents to Ventiv Claims Enterprise claim records. The Ventiv Claims Enterprise imaging workflow is highly configurable and can be tailored specifically to handle Customer’s interface/integration requirements. Ventiv Claims Enterprise can be configured to save images either in the claims database, or in a file structure.

Ventiv Enterprise Claims (April 2019 version) Page 12 of 22 Ventiv Confidential • ODG Reserve Analysis – Provides the capability to electronically import data from the Work Loss Data Institute (WLDI) on a regularly scheduled basis. In addition, clients can configure Ventiv Claims Enterprise to generate reserves automatically based on certain criteria.

Customer will be responsible for obtaining a license the data directly from WLDI.)

• Customer Invoicing - Provides the ability to invoice customers for claims administration services, by taking time entries that have been created by users on individual claims files (time tracking) module),and applying customer contract information (contract tab for Customer) to product an invoice.

C. Optional Interfaces
• Employee Interface – Ventiv Claims Enterprise has a standard employee import interface (fixed-width flat file). When a claim (or injury report) is opened and a Social Security or employee number is entered, the employee information is automatically populated in to the general claim window, eliminating the need to manually enter the data.

• Positive Pay/Reconciliation Interface – Two-way electronic transfer of check information between Ventiv Claims Enterprise and Customer’s bank. Information exported from Ventiv Claims Enterprise (Positive Pay) informs Customer’s bank as to which checks have been issued, for how much, and to whom. Files imported from Customer’s bank (Reconciliation) identify cleared checks and corrections, which are then applied to individual payments in Ventiv Claims Enterprise. (fixed-width flat files). A fixed-width flat file

• Claim Intake Interface – A fixed-width flat file that imports basic claim information or first report of injury/incident information from an external third-party system, such as a call center solution. This information is mapped into the appropriate fields, triggering business rules to initiate the claim workflow process. This is claim information only and only one claimant for one claim.

• Vendor Interface – A fixed-width flat file that imports basic vendor information from an external third-party system, such as an accounts payable system.

• Document Image Import – A fixed-width flat file that imports images from an external third -party system. The interface is in an ACORD-based format.

• Customer Nurse Interface - A fixed-width flat file that imports basic claim information or first report of injury/incident information from Customer Nurse. This information is mapped into the appropriate fields, triggering business rules to initiate the claim workflow process.

This is claim information only and only one claimant for one claim.

• Policy Interface - A fixed -width flat file that imports policy information from an external third -party system, such as a policy administration system.

• Organization Interface - A fixed-width flat file that imports organization information from an external third-party system.

• Notes Interface - A fixed-width flat file that imports notes from an external third-party system.

• 3rd Party Interface Bill Review (Import & Export) - A fixed-width flat file that imports and exports bill review information. Claim and Vendor information is exported from Ventiv Claims Enterprise and Payment and Fee information is imported into Ventiv Claims Enterprise.

• ISO Fee Import Interface – allows the ISO Fees to be imported into Ventiv Claims Enterprise so they can be applied to the claim file.

D. Compliance Modules
• CMS Reporting Module – Includes several Ventiv Claims Enterprise scheduled jobs and business rules for processing th e mandatory claims data to meet Section 111 reporting requirements. Features include assigning/managing Responsible Reporting Entity (RRE) IDs, running data validation reports, generating export files, importing CMS responses, and updating claims, as well as notifying adjusters of data validation issues and claim updates

• EDI FROI – Ventiv Claims Enterprise includes a standard interface to su pport state-mandated workers’ compensation EDI and fully supports IAIABC Release 1, 2 and 3 transmission requirements. The interface will produce an export file that contains data formatted for transmission to the appropriate jurisdiction. Specific supported states are indicated in the Order Form in Schedule B.

• EDI SROI – Supports requirements for mandated EDI reporting of the SROI. The interface will produce an export file that contains data formatted for transmission to the appropriate jurisdiction. Specific supported states are indicated in the Order Form in Schedule B.

Ventiv Enterprise Claims (April 2019 version) Page 13 of 22 Ventiv Confidential E. Ventiv Claims Enterprise User Types & Access Rights

A. “Concurrent Full Access Users” means the total number of users of the Software who have full access rights to the Software who are allowed to access the Software on a concurrent basis. Customer may have any number of users with full access to the Software, but only up to the total number of full access user licenses may be using the Software at any one time, regardless of being remote or local.

B. “Concurrent Read Only Users” means the tot al number of users of the Software who can only read information in the Software Product and use Ventiv Claims Enterprise Reporter, but cannot update or add any information. Unless a Customer changes Ventiv Claims Enterprise security to restrict Ventiv Claims Enterprise Reporter from a “read only” user, such users will have access to Ventiv Claims Enterprise Reporter.

C. “Concurrent Report Only Users” means the total number of users of the Software who only have use of the Reporter function of the Software Product. The Customer would be required to use administrative tools to restrict access to all other functions of the Software other than Ventiv Claims Enterprise Reporter module as well as ticking the box to describe them as a “read only” user to ensure that such “Report Only” user is not counted against a concurrent license.

D. “Concurrent Guestlink Users” means the total number of users of the Software who the Customer has granted Guestlink access through ClaimMail who can read, update or add i nformation in the Software Product. Their level of access depends on the level of security defined by the Customer. If the guest link user is set up as a Read Only User, then that user will not count as a “Concurrent Full Access User,” otherwise that user will count against the total number of Concurrent Full Access Users.

Ventiv Enterprise Claims (April 2019 version) Page 14 of 22 Ventiv Confidential Schedule B to the Software License & Support Agreement

Initial Order Form (Ventiv Claims Enterprise – Self Hosted)

I. Initial Maintenance Term. The Initial Maintenance Term of the Agreement is as stated in Section 13.1 of the Terms and Conditions.

II. Initial Term. The Initial Term of the Agreement is as stated in Section 13.1 of the Terms and Conditions. The Initial Term is also the term of the License granted in Section 3.1 of the Terms and Conditions.

III. Software Modules. Ventiv licenses the selected Software modules indicated below to Customer in accordance with the terms and conditions of the Agreement.

Ventiv Claims Enterprise
Ventiv Claims Enterprise Claims Administration Modules Optional Interfaces ◼ Workers’ Compensation Module  Employee Interface
◼ Liability Module  Positive Pay/Reconciliation Interface  Disability Module  Claim & Financial Interface (for takeovers)  Event Management Module  Vendor Interface
Optional Modules  Document Image Import (for takeovers)  ISO ClaimSearch Interface  Customer Nurse Interface
 CA Commutation Calculator  Policy Interface
 Content Management with Distribution ◼ 3rd Party Interface Bill Review (Import & Export) ◼ Check Printing Module  ISO Fee Import Interface
 Electronic Funds Transfer ◼ Accounts Payable Interface  Document Imaging Module  Carrier/Client Data Feeds
 ODG Reserve Analysis  NCCI Medical and Indemnity Data Feeds  SSO (Single Sign On)  Custom Client Data Feeds
 Multi-Currency Compliance Modules
 Claim Invoicing w/TPA Billing ◼ CMS Reporting Module
 Custom Deductible Billing  Advanced CMS Reporting w/Exam Works ◼ EDI FROI
◼ EDI SROI
 FROI/SROI for State of Washington

IV. Number of Users/User Types. Customer’s license to the Software is limited to the following number of users and user types:

Type of User* # of Users Cost for Additional Users
Concurrent Full Access Enterprise Users 5 Then current rates Concurrent Read Only Enterprise Users Unlimited Then current rates

* User types are described in Part II of Schedule A

V. Fees. Ventiv will invoice and Customer will pay the following Fees upon execution of this Agreement:

A. Annual Recurring Fees - Comprised of the following:

i. Annual Support and Maintenance (invoiced annually): See table below

B. Additional Fees.

▪ Additional Setup/Deployment Services are available at Ventiv’s then-current hourly or block hour rates. ▪ Additional Training Services available at Ventiv’s then-current hourly or block hour rates. ▪ Travel and expense costs associated with all services will be billed as incurred.

Ventiv Enterprise Claims (April 2019 version) Page 15 of 22 Ventiv Confidential

VI. Payment Schedule.

A. Annual Support and Maintenance (invoiced annually):

Ventiv will invoice Customer for the first year’s Annual Recurring Fees upon the Effective Date and future years’ Annual Recurring Fees on subsequent anniversary dates.

B. Travel & Expenses. Ventiv will invoice Customer for all travel and expense costs on a monthly basis as incurred, in accordance with Appendix 1 to this Agreement.

VII. Total Fees per Year to be Paid as of Effective Date

The table below indicates what that the total fees will be in Years 1-5.

Annual Recurring Fees
Year 1
December 18, 2022-
December 17, 2023
Year 2
December 18, 2023-
December 17, 2024
Year 3
December 18, 2024-
December 17, 2025
Year 4
December 18, 2025-
December 17, 2026
Year 5
December 18, 2026-
December 17, 2027
Maintenance and
Support $97,106.34 $100,019.53 $103,020.12 $106,110.72 $109,294.04 Total Annual Fees $97,106.34 $100,019.53 $103,020.12 $106,110.72 $109,294.04 Ventiv Enterprise Claims (April 2019 version) Page 16 of 22 Ventiv Confidential

Schedule C to the Software License & Support Agreement

Support Service Levels Schedule (Ventiv Claims Enterprise Self Hosted Model)

1. Definitions.

1.1 “Business Hours” means the hours of 8:00am to 9:00pm Eastern Time on all Business Days.

1.2 “Customer’s Support Contacts” has the meaning set forth in Section 6 of this Schedule C.

1.3 “Error” means a material failure of the applicable Software to conform to the functional specifications described in its Documentation.

1.4 “Error Corrections” means any modification, workaround, or routine intended to correct the practical adverse effect of an Error.

1.5 “Excusable Downtime” means the total minutes in the Measurement Window during which the Software or the Hosting Environment (as applicable) was not available due to (a) any negligent or wrongful act or omission by Customer or its users; (b) any negligent or wrongful act or omission by Third-Party Vendors; or (c) any force majeure events or disruption in public internet access.

1.6 “Follow-up Frequency” means the frequency of time that a support consultant will update the customer (electronically or otherwise) on the progress of commercially reasonable efforts to resolve an issue.

1.7 “Measurement Window” means a period of thirty (30) days.

1.8 “Recovery Declaration” means the time period in which a disaster would be declared and recovery plans are enacted.

1.9 “Release” means a modification of the Software, normally denoted with a new number to the immediate right or left of the decimal, which contains new features and functionality. Release does not inc lude new products or modules of the Software for which Ventiv generally charges its customers an additional license or subscription fee.

1.10 “Response Time” means the amount of time from when the customer properly reports an issue until a support consultant ac knowledges receipt (electronically or otherwise) and initiates troubleshooting to resolve.

1.11 “Resolution Goal” means the amount of time that is set as a goal to resolve an incident. Commercially reasonable efforts will be used to meet this goal.

1.12 “RPO” means Recovery Point Objective, which is the maximum amount of time for potential data loss in the event of a disaster.

1.13 “RTO” means Recovery Time Objective, which is the period of time to restore services from point of Recovery Declaration.

1.14 “Scheduled Downtime” means the total number of minutes of actual time the Software or Hosting Environment, as applicable, were not available as a result of scheduled time to perform system maintenance or Patches.

1.15 “Severity Level” means the impact level assigned to an issue based on the level of service degradation or loss of functionality.

1.16 “Patches” means a change to the Software that may include patches, fixes, minor updates and Error Corrections , which Ventiv generally provides to its customers who receive customer support services.

1.17 “Unscheduled Downtime” means total number of minutes of actual time the Software or Hosting Environment, as applicable, were not available, which does not qualify as Scheduled Downtime, but specifically excludes any Excusable Downtime.

2. Support Generally.

2.1 Ventiv will provide one or more reasonable means of communication to allow Customer’s Support Contacts to contact Ventiv for assistance in resolving problems with the Software (“ Help Desk”) in accordance with and during the hours of operation more specifically set forth in this Schedule C. The Help Desk will allow communication in accordance with the table set forth in Section 7 below.

2.2 Because Customer has no rights in the source code version of the Software, and may only use the object code version of the So ftware, Customer may only maintain the Software at the administrative level and then only in a manner that will not cause corruption of the code. Customer is prohibited from attempting to support the Software (either itself or through a third party) in any way that would require access to the source code of the Software or would require any reverse engineering, reverse assembly or disassembly of the Software. Ventiv currently is the only entity authorized to support the Software at the code level and does not provide any of its customers the right to access the source code in order to support the Software.

2.3 Ventiv will provide Customer Support Services for the “current release” and “previous release” (major or minor). The “end-of-life" (“EOL”) release will be eligible for emergency, external -driven interface changes with less than three (3) months’ notice and defect resolution for issues of severity 1 – 3 to allow Customer to upgrade from the “EOL release” to either the “current release” or the “previous release.”

3. Support and Maintenance.

3.1 Services. Subject to the timely payment of the applicable Subscription Fees set forth in the Order Form, Ventiv will provide the level of support identified herein in accordance with the support descriptions set forth below. Ventiv will notify (electronically or otherwise) Customer of any changes to such support descriptions in each subsequent renewal, as applicable. No other maintenance or support for the Software is included in this Agreement.

Ventiv Enterprise Claims (April 2019 version) Page 17 of 22 Ventiv Confidential

3.2 Fees. Subscription Fees will be due and payable in accordance with this Agreement. Subscription Fees are non -refundable, once paid to Ventiv.

4. Error Corrections and Patches.

4.1 As a part of the Customer Support Services, Ventiv will use commercially reasonable efforts to provide Error Corrections for all verifiable and reproducible Errors in the Software in accordance with the Agreement and this Schedule C.

4.2 As a part of the Customer Support Services, Ventiv will provide Patches to the Software that Ventiv makes generally available to its customers who receive support services.

5. New Releases.

5.1 As a part of the Customer Support Services, Ventiv will provide to Customer new Releases of the Software as and when develope d, except for new products or modules for which Ventiv gen erally charges a separate license or subscription fee. Ventiv is not obligated to develop new Releases of the Software.

5.2 Ventiv will provide Customer, as part of the Customer Support Services, with new Releases created by Ventiv as a result of a change in law or new law that directly applies to existing functionality within the Software currently offered by Ventiv. As an accommodation and not as provision of legal advice, Ventiv will take commercially reasonable efforts to promptly notify Customer in writing upon becoming aware of any material changes to any applicable law or governmental regulations that may cause the current Release of the Software not to conform to such law or regulations. Notwithstanding the foregoing, in the event that the required modifications to the Software (i) would require a material re-architecture or other significant product re-design, (ii) would require Ventiv to obtain data which is either unavailable, or, which is only available at a material cost, or (iii) would otherwise require Ventiv to incur material expenditures (as measured against the fees charged under this Agreement), and Ventiv is not otherwise making such modifications for its other customers, then Ventiv may cease providing the affected Software in the affected jurisdiction. Customer is strongly encouraged to consult with its own attorneys and other advisors as to legal requirements in effect from time to time.

5.3 In the event that Ventiv intends to withdraw any Software from general availability for any reason whatsoever, Ventiv will provide Customer at least six (6) months prior written notice of such withdrawal.

6. Software Upgrades.

6.1 Ventiv provides utilities, scripts and documentation to enable self-hosted Customers to upgrade their own test and production environments.

Ventiv hosted Customers are entitled to one (1) test and one (1) production non -compliance related upgrade per year, included in their Subscription Fee.

6.2 Ventiv-hosted Customer upgrades include: (a) scheduling the upgrade with the Customer contact; (b) applying upgrade scripts to the test environment during Ventiv’s business hours; (c) completing a backup of the product ion data before the upgrade; and (d) upgrading the Customer’s production environment during normal Ventiv business hours. The Customer is also entitled to one (c) test database refresh from production data per year by Customer request.

6.3 If the upgrade request is outside of the scope of this Agreement as indicated in Sections 6.1 through 6.2 above, Ventiv will notify the Customer to that effect and reserves the right to charge Customer at Ventiv’s then current standard hourly rates, for which Customer agrees to pay Ventiv promptly upon receiving an invoice. The following are examples of upgrade requests that are available from Ventiv: (a) Customer requested test refresh database from produ ction data in addition to the one refresh per year (Ventiv -hosted Customers only); (b) additional upgrades in test or production environments required by the Customer through no fault of Ventiv; (c) upgrade or upgrade activities requested during non-business hours; (d) request for Ventiv to perform the test and/or production upgrades for self-hosted Customers.

7. Limitations.

7.1 Ventiv is under no obligation to provide Customer Support Services with respect to: (a) Software that has b een altered or modified by Customer or any third party; (b) Software used on a system that does not meet the minimum hardware, software, operating syste m, mobile device, and other system and configuration requirements set forth in the Documentation or provided by Ventiv; and (c) any software not both supplied by Ventiv and identified on an Order Form.

7.2 Customer Support Services does not include researching Customer requests, researching and fixing anomalies caused by other ve ndors, making changes resulting from internal Customer business practices, enhancing system configuration and other similar tasks that are requested or required, but are outside of Ventiv's control. Causes or errors that are not attributable to Ventiv (and therefore would also be considered Additional Services) include, but are not limited to, the following: (i) accident; unusual physical, electrical or electromagnetic stress; neglect; misuse; failure or fluctuation of electric power, air conditioning or humidity control; excessive heating; fire and smoke dam age; or causes other than ordinary use; (ii) use of the Software on equipment or rotation media other than the equipment for which such software was designed and licensed for use on; (iii) interconnection, interfacing or operation of the Software with other software products not supplied by Ventiv; (iv) operation of the Software with other media, hardware, software or telecommunication interfaces not meeting or not maintained in accordance with the manufacturer's or environmental or Ventiv's specifications; (v) improper installation by the Customer or use of the Software that deviates from any operating procedures established by Ventiv in the applicable Documentation or in environmental or manufacturer specifications, for example, virtual machine configuration; (vi) modification, customization, alteration or addition or attempted modification, customization, alteration or addition of the Software undertaken by the customer or its agents, assigns, contractors, Ventiv Enterprise Claims (April 2019 version) Page 18 of 22 Ventiv Confidential employees or other’s under the customer’s control (vii) software programs made by Customer or other parties unless specifically covered in a Statement of Work between the Customer and Ventiv; (viii) Customer's failure to implement current versions of the Software that are issued under this Agreement; (ix) introduction of data into any database used by the Software by any means other than the use of the Software; (x) failure by Customer to respond to any action plans provided by Ventiv pursuant to a support call by Customer; (xi) improper or incomplete J2EE application server administration; or (xii) improper or incomplete database administration.

7.3 If Ventiv has created a third party interface (“Third Party Interface”) to one of Customer’s third party products provided by another vendor (“Third Party Product”) and such vendor modifies the Third Party Product causing the Third Party Interface to stop functioning properly, then the services required to modify the Third Party Interface as a result of the changes to the Third Party Product are considered outside the scope of Customer Support Services and would incur additional fees in accordance with Section 5.4 below. Services required to resolve any Customer-Created Error are outside the scope of Customer Support Services and would incur additional fees in accordance with Section 5.4 below.

7.4 If a problem reported is outside the scope of this Agreement as indicated in Sections 5.1 through 5.3 above, Ventiv will noti fy Customer to that effect and reserves the right to charge Customer at Ventiv’s then current standard hourly rates, for which Customer agrees to pay Ventiv promptly upon receiving an invoice. Certain requests, such as building custom modules, database objects, reports, utilities or other complex projects (“Additional Services”) may also incur additional fees beyond those associated with Customer Support Services and will be detailed in a new Order Form and Statement of Work agreed between the parties and subject to the terms and conditions of this Agreemen t. The following are examples of Additional Support Services that are available from Ventiv: (i) add -on data conversions; (ii) implementation for any optional software modules; (iii) supplemental training; (iv) custom reports – defining, creating, testing or troubleshooting (Ventiv will help with “how do I add a table, column, field, etc.” in Report Designer, but Ventiv will require a Statement of Work to help troubleshoot or clean up a modified or custom report (unless the custom report is specifically under maintenance; for example: “I tried to ad d to or modify my custom report and now my outstanding indemnity figures are in correct”)); (v) Ventiv Claims Enterprise upgrades during non -business hours; (vi) security configuration consulting or setup; (vii) data conversion issues once transitioned from implementation to support; (viii) Ventiv database changes, such as organizatio n changes, combining insureds, reference table changes, etc.; (ix) corrections to Customer’s data, including, but not limited to, data modification for purposes of exporting/importing to/from the Ventiv database; (x) d atabase administration services (Venti v Claims Enterprise self -hosted only); (xi) J2EE application administration (Ventiv Claims Enterprise self - hosted only); (xii) backup and recovery consulting (Ventiv Claims Enterprise self -hosted only); (xiii) performance troubleshooting outside of the application; (xiv) any hardware or software problems beyond the control of Ventiv; (xv) network changes and network performance problems (xvi) support and maintenance of custom modules that are not covered under the Customer Support Services; (xvii) cus tom enhancements, for example: new check printing functionality or custom -stored procedures ( e.g., examiner); and (xix) for Ventiv Claims Enterprise interfaces: (a) installation and configuration of any interface Software on hardware external to the Software server; (b) training on interfaces; (c) Customer -initiated changes to the interface specification (note that Ventiv reserves the right to modify the interface specification for future enhancements); (d) Customer changes to systems external to Ventiv that result in any failures or performance problems with the interface; or (e) bugs in a Customer’s computer software and hardware that result in interface operational failure.

7.5 Other than as set forth in an applicable Order Form, the following types of requests will incur additional fees: (I) password resets; (ii) performance troubleshooting outside of the application; (iii) any hardware or software problems beyond the control of Ventiv; (iv) Customer network changes and network performance problems; (v) training questions; and (vi) documentation requests for documents available on the portal or online help.

7.6 Support is delivered in English only, unless Customer is in a location where Ventiv has made localized support available.

8. Customer Obligations. Customer will be responsible for the following: (a) reporting errors promptly; (b) providing sufficient information for Ventiv to duplicate the circumstances of a reported Software defect or duplicate the error, as described in the Specifications, so Ventiv can duplicate the error, assess the situation, and/or undertake any needed or appropriate maintenance action hereunder; (c) designating two (2) members of its technical staff trained on the Ventiv Claims Enterprise product to serve as Customer’s sole representatives to contact Ventiv with maintenance issues (“Customer’s Support Contacts”); and (d) carrying out procedures for the rectification of errors or malfunctions within a reasonable time after such procedures (or revisions, upgrades, enhancements, etc.) have been received from Ventiv.

9. Helpdesk. Ventiv provides services through its Helpdesk as set forth in the table below.

Support Type Support Description

Expectation

Exclusions

Toll Free
Live Phone Support

Hours available for live phone
support

Monday - Friday
8:00am – 9:00 pm EST (US)

Ventiv Holidays

Emergency after-hours Support
Emergency after normal
Business Hours on-call support
(24 hours a day, 7 days a week -
Severity 1 issues only)

24x7x365

Self-Service Portal Online access to ticketing system
to report an incident.

Response will be end of next
Business Day
Use live or emergency for Severity
1 Ventiv Enterprise Claims (April 2019 version) Page 19 of 22 Ventiv Confidential P1 = 24 x 7 through Ventiv support toll free telephone number: 1-800-980-9460 P2 = 24 hours per day during the five (5) business days (Monday through Friday), excluding Ventiv holidays.

P3 = During standard business hours (8:00 am to 9:00 pm) during the five (5) business days (Monday through Friday), excluding Ventiv holidays.

P4 = Monday through Friday by region (North America, APAC and EMEA) during standard business hours (8:00 am to 9:00 pm), excluding Ventiv holidays.

10. Incident Response for Functionality of the Software . The Software is designed and configured to meet minimal functionality standards as described in the Documentation and the Statement of Work. The following table illustrates the response level and resolution goal for loss of functionality of the Software.

Severity
Classification

Severity Description Initial Response
Time
Follow-up
Frequency

Resolution Goal
P1 – Critical • Ventiv Software is completely inaccessible, or the majority of its critical functionality is
unusable and no work around exists.
30 minutes during
Business Hours
Every 60 minutes
during Business
Hours. After hours,
update frequency will
be mutually agreed
upon.
8 Business Hours
P2 – Major • One or more key features of Ventiv Software is unusable and no work around exists.
60 minutes during
Business Hours
One Daily Update
sent during Business
Hours.
5 Business Days or
by next scheduled
maintenance window;
whichever is less
P3 – Minor • Non-critical functionality is down or impaired • Does not have significant current production
impact
• Performance is degraded
1 Business Day As Agreed As Agreed
P4 - General
Request
• How to, training items, requests for general
information
• Enhancement requests
5 Business Days As Agreed As Agreed

11. Customer Obligations. Customer must make at least one of its two Customer Support Contacts available to work with the assigned Ventiv support resource(s) for all P1 and P2 issues. If Customer’s Support Contacts are unavailable to work with Ventiv, then the issue will be lowered to a P3 issue. If an issue is considered P1, customer must call the Helpdesk

12. Defect Resolution. Should Ventiv, in its sole judgment, determine that there is a defect in the Software, it will, at its sole discretion, repair such defect in the version of t he Software that Customer is currently using or instruct Customer to install a newer version of the Software with such defect repaired. Ventiv reserves the right to provide Customer with a work around in lieu of fixing a defect should it, in its sole judgm ent, determine that it is more effective to do so.

13. Escalation Levels.

Escalation Level

Contact Notified
State 1 Front-Line Support Manager
State 2 Global Support Services Director
State 3 VP Customer Management / Managing Director
Ventiv Enterprise Claims (April 2019 version) Page 20 of 22 Ventiv Confidential

Severity
Support
State
Levels

Escalation within the following time frames

P1 - Critical
State 1 1 Business Hour
State 2 2 Business Hours
State 3 8 Business Hours

P2 – Major
State 1 4 Business Hours
State 2 8 Business Hours
State 3 12 Business Hours

P3 – Minor
State 1 When agreed resolution time is not met.

P4 – General Request All N/A
Ventiv Enterprise Claims (April 2019 version) Page 21 of 22 Ventiv Confidential ATTACHMENT 1 - STATEMENT OF WORK (ENTERPRISE)

This Attachment 1 – Statement of Work (“SOW”) includes a description of the Services to be performed during implementation of the Software, including without limitation, (i) Project Management – managing the project delivery; (ii) Business Analysis – requirements gathering, creating specifications, QA testing; (iii) Configuration – setup of Customer database including custom fields and custom business rules; (iv) Data Conversion – converting source data into format used by the Software; (v) Reporting – deploying standard templates, completing custom report development, as applicable, (vi) Training – training for Customer testing and go-live.

The Software that Ventiv is configuring for the Customer under this SOW are Ventiv Claims Enterprise. A description of each of the modules included within the Software being licensed to Customer is set forth in Schedule A to the Agreement to which this Attachment 1 relates.

The following outlines the Implementation Services as defined to date.

I. IMPLEMENTATION

B. Ventiv Enterprise Claims Implementation:

Estimated Hours: 40 hours
This is a time & materials agreement, and as such, the estimate provided herein are based on the information that Ventiv has received to date. Ventiv has derived this estimate in good faith and will target providing the deliverables herein within such estimate(s). All projects will be monitored by Ventiv, and any overage forecasts will be provided to the Customer early and often in the project lifecycle. If the project is expected to have hours overage, Customer redefines the scope of services, or Customer provides new details in respect to such project, a change control document will be executed with the Customer for additional services before Ventiv incurs the additional services. Ventiv will bill said additional services at current rates.

• The following modules and interfaces have already been implemented in Enterprise:
o Worker’s Compensation Module
o Liability Module
o 3rd Party Bill Review Interface – 1 format
o Laser Check Printing – 1 format
o Accounts Payable Interface – 1 format

• The following modules will be implemented in Enterprise:
o CMS Module (1 RRE)

II. PROJECT DELIVERABLES

A. Ventiv Enterprise Claims Deliverables

Configuration for Enterprise Claims Management

Configuration of the Enterprise claims module will be the primary responsibility of Customer. Ventiv Project Team will provide the necessary instruction to complete this task. Configuration tasks are outlined below for Ventiv to implement the following modules:

CMS Module
❑ Includes several Enterprise scheduled jobs and business rules for processing the mandatory claims data to meet Section III reporting requirements.

Features include assigning/managing Responsible Reporting Entity (RRE) IDs, running data validation reports, generating export files, importing CMS responses, and updating claims, as well us notifying adjusters of data validation issues and claim updates. ❑ Ventiv will configure the standard module for one (1) RRE.

III. GENERAL ASSUMPTIONS

Customer Project Manager will be responsible for managing the project and obtaining consensus and sign-off on requirements and work products. ❑ Customer will be responsible for engaging all client stakeholders and facilitating / organizing all internal client relationships to allow full mobilization of a project team with support from the Ventiv Project Manager. ❑ Customer will dedicate sufficiently skilled resources to support the Services as described within this Statement of Work. ❑ Customer will provide the requested resources, with the requested skills and project dedication as outlined in a mutually agreed upon work plan. ❑ Customer will identify resource(s) to transition to and take ownership of the project deliverables. ❑ Customer will be responsible for providing internal change management, communications planning, and internal marketing for any project. ❑ Any critical code changes that must be implemented in any client systems that affect data provided to Ventiv IRM will be reviewed by Ventiv to determine the impact, if any, on fees and timeline for the implementation.

Client Testing

DURING THE IMPLEMENTATION, VENTIV WILL REQUIRE CLIENT TESTING ON EACH PROJECT DELIVERABLE AS VENTIV DEPLOYS SUCH DELIVERABLE TO CUSTOMER. CLIENT TESTING TIMELINES WILL BE OUTLINED IN THE PROJECT PLAN TO BE COMPLETED AFTER THE PROJECT KICKOFF. CUSTOMER RESOURCES WILL BE TRAINED AND ARE REQUIRED TO COMPLETE CLIENT TESTING WITHIN THE AGREED TO TIMELINES. TIME REQUIRED TO COMPLETE CLIENT TESTING WILL VARY DEPENDING ON THE COMPLEXITY OF THE DELIVERABLE. VENTIV WILL OBTAIN SIGNOFF FROM CUSTOMER ON EACH DELIVERABLE AS CLIENT TESTING IS COMPLETED THROUGHOUT THE IMPLEMENTATION. IMPLIED SIGNOFF IS INCORPORATED FOR DELIVERABLE AND PROJECT SIGNOFF INDICATING THAT CUSTOMER MUST PROVIDE FEEDBACK ON ANY ISSUES WITHIN TEN (10) BUSINESS DAYS FROM RECEIPT OF THE SIGNOFF Ventiv Enterprise Claims (April 2019 version) Page 22 of 22 Ventiv Confidential LETTER. IF FEEDBACK IS NOT RECEIVED WITHIN THE DEFINED TIME PERIOD, ACCEPTANCE OF THE DELIVERABLE AND/OR PROJECT IS ASSUMED.

Completion Criteria

❑ “Go Live Date” is when the deliverables of this Statement of Work have been deployed to production and made available for their intended use ❑ As an early step in implementation, Ventiv will work with Client to establish a target “Estimated Go Live Date”. This may change through mutual collaboration as details are confirmed, particularly in the earlier part of the implementation ❑ Ventiv will request confirmation from Client that “Go Live Date” has been achieved. No response for 30 days will constitute implied confirmation ❑ If client wishes to have a material portion of this Statement of Work deployed to production and made available (i.e. partially “go live”), Ventiv may require the Statement of Work be split accordingly.
❑ “Transition Period” is the 30 days after Go Live Date during which time Ventiv services pertaining to this Statement of Work are considered part of the implementation. After the Transition Period, Ventiv services pertaining to this Statement of Work will be considered Managed Service Hours (see Ongoing Support section).

IV. IDENTIFIED RISKS AND MITIGATION

Risk Resolution
Customer key project personnel are not
available, either due to personal or work
commitments
Backup resources need to be available and up to speed to address gaps in resource capacity.

Workloads of project personnel need to be adjusted to account for project requirements.

Documentation must be logged in common area and accessible to all project team members.

User does not have connection to the
internet
User will need to have internet installed at site.

User workstation must meet minimum requirements for operating system, Internet Explorer and Internet connection.

Organizational hierarchy can’t be
completed on schedule
Conversion programs can be prepared, and data first loaded into system with default location then updated on subsequent runs.

Third Party cannot send required data Customer and Ventiv will need to determine how to load data, either manually or via external extracts from Third Party system, into Ventiv IRM.

Poor quality data (invalid codes,
unexpected records, missing records)
Analysis of data prior to loading to Ventiv IRM to identify issues and get source to fix where possible. Establish exception reports to identify data problems during production.

Data anomalies discovered after reports
have been developed.

Try to get source to correct data, if not, attempt to account for data anomaly during data load, and, finally, if all else fails, adjust reports to accommodate for data anomaly.

Data cannot be provided via encrypted
transfer protocol
Ventiv to provide guidance around options for encryption software and ftp transfer.

December 13, 2022
TO: MAYOR AND CITY COUNCIL MEMBERS
FROM: MUNICIPAL WATER DEPARTMENT
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON

AUTHORIZING THE CITY MANAGER TO ENTER INTO A SERVICES

AGREEMENT WITH CINTAS CORPORATION AND ISSUE A

PURCHASE ORDER FOR THE ACQUISITION OF UNIFORM RENTAL

AND LAUNDRY SERVICES IN THE AMOUNT OF EIGHT THOUSAND

EIGHT HUNDRED SIXTY-ONE DOLLARS AND EIGHTY-FOUR CENTS
($8,861.84)

SUMMARY
Adoption of this resolution will authorize the City Manager to enter into a services agreement with Cintas Corporation (Cintas) and issue a purchase order in the amount of $8,861.84 annually for the acquisition of Uniform Rental and Laundry Services for the following three (3) Fiscal Years, 2022-2023, 2023-2024, and 2024-2025.

BACKGROUND
The Municipal Water Department (“Department”) is responsible for overseeing the City’s utility services. The Water Operations and Production Divisions are responsible for constructing, inspecting, maintaining and repairing the City’s water mains, gate valves, fire hydrants, and water services to provide adequate potable water to citizens and businesses of Compton.

Currently, the two (2) Divisions (Water Operations and Production) has nine (9) job classifications, which contain twenty-one (21) positions that are required to wear a City issued uniform to execute their daily tasks. In order to maintain an appropriate level of uniformity and professionalism, the Department provides weekly uniform rental and laundry services for those employees who are required to wear a uniform.

STATEMENT OF THE ISSUE
On March 28, 2022, the Department opened the Request for Proposal (RFP) process to solicit bids for Uniform Rental and Laundry Services. The Department attempted to solicit quotes from three (3) reputable uniform rental and laundry service companies; however, upon the submission deadline of April 28, 2022, we were only able to garner responses from two (2) companies.

The companies and responses are listed below:

Vendor Purchase Price
Aramark $12,586.08
Cintas Corporation $8,861.84

7.7.7.7.7. Staff Report – Resolution to Authorize P.O. Cintas December 13, 2022 Page 2
After a thorough review of the quotes submitted, staff has determined that Cintas Corporation was deemed the lowest responsive and responsible bidder. Cintas offers discounted prices to public organizations who are member agencies of OMNIA, which the City has been a part of for years. OMNIA Partners, Public Sector is the most experienced cooperative purchasing organization for state and local governments, K-12 education, and colleges and universities nationwide. Therefore, the City benefits from the lead agency’s bid.

The use of cooperative contracts affords the City the opportunity to reduce the cost of goods and services by aggregating the purchasing power of public agencies throughout the nation. In this instance, Prince William Schools is the lead agency that went to BID with several different vendors and Cintas was winning supplier that would offer discounted pricing to public organizations that were member agencies of OMNIA. All contracts that are awarded by a government entity, utilizes the best practices, processes and procedures.

ALTERNATIVES
Staff does not recommend any alternatives.

FISCAL IMPACT
Funds are allocated in the Department’s Uniforms Replacement Account for this expenditure.

Account No. Account Description Amount
5000-880-000-4246 Uniforms Replacement $8,861.84

RECOMMENDATION
Staff recommends that Council adopt the attached Resolution, which authorizes the City Manager to enter into a services agreement with Cintas Corporation and issue a purchase order in the amount of $8,861.84 annually for the acquisition of Uniform Rental and Laundry Services for the following three (3) Fiscal Years, 2022-2023, 2023-2024, and 2024-2025.

VICTOR MEZA

WATER DEPARTMENT MANAGER
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 ENTER INTO A SERVICES

AGREEMENT WITH CINTAS CORPORATION AND ISSUE A PURCHASE

ORDER FOR THE ACQUISITION OF UNIFORM RENTAL AND LAUNDRY

SERVICES IN THE AMOUNT OF EIGHT THOUSAND EIGHT HUNDRED
SIXTY-ONE DOLLARS AND EIGHTY-FOUR CENTS ($8,861.84)
WHEREAS, the the Municipal Water Department (Department) is responsible for overseeing the City’s utility services. The Water Operations and Production Divisions are responsible for constructing, inspecting, maintaining and repairing the City’s water mains, gate valves, fire hydrants, and water services to provide adequate potable water to citizens and businesses of Compton; and
WHEREAS, the two (2) Divisions (Water Operations and Production) has nine (9) job classifications, which contain twenty-one (21) positions that are required to wear a City issued uniform to execute their daily tasks. In order to maintain an appropriate level of uniformity and professionalism, the Department provides weekly uniform rental and laundry services for those employees who are required to wear a uniform; and WHEREAS, on March 28, 2022, the Department opened the Request for Proposal process to solicit bids for Uniform Rental and Laundry Service, which closed on April 28, 2022; and
WHEREAS, the Department solicited quotes from the following qualified uniform rental and laundry services companies:

Aramark $12,586.08
Cintas Corporation $8,861.84
WHEREAS, staff has determined that Cintas Corporation was deemed the lowest responsive and responsible bidder; and
WHEREAS, the funds will be allocated annually during the budget development process in the Department’s Uniforms Replacement Fund, and increase expenditures in Account No. 5000-880-000-4246 (Uniforms and Replacement) by $8,861.84 for this expenditure, on an annual basis for the duration of this agreement.

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

SECTION 1: That the quote from Cintas Corporation is hereby accepted and all of the other quotes are rejected.

SECTION 2: That the City Manager is hereby authorized to enter into a services agreement with Cintas Corporation and issue a purchase order in the amount of $8,861.84 annually for the acquisition of Uniform Rental and Laundry Services for the following three (3) Fiscal Years, 2022-2023, 2023-2024, and 2024-2025.

SECTION 3. That $8,861.84 be allocated during the budget development process in the Uniforms and Replacement Account, and increase expenditures in Account No. 5000-880-000-4246 (Uniforms and Replacement) by $8,861.84 for this expenditure, on an annual basis for the duration of this agreement.

SECTION 4. That a certified copy of this Resolution shall be filed in the offices of the City Manager, City Attorney, City Controller, City Clerk and the Water Department.

SECTION 5. That the Mayor shall sign and the City Clerk shall attest to the adoption of this Resolution.

Resolution No.

Page 2 ends

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, do 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 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

FACILITIES SOLUTIONS AGREEMENT Location No.____________ Contract No.____________
Customer No.___________
Main Corporate Code  New CC 13218
Date__________________
Customer/Participating Agency ______________________________________________ Phone_________________ Address_________________________________________________ City__________________ State_____ Zip______ UNIFORM PRODUCT RENTAL PRICING:

Item # Description Unit Price
• This agreement is effective as of this date from ____________ to ____________, with a minimum term of 36 months. The length of this rental agreement will commence with the actual uniform rental, not affiliated with the start date of the Master Agreement. Any negotiations of price, terms or discounts must be approved by Prince William County Public Schools for the Master Agreement. Any such changes shall take effect on the anniversary date of the master agreement. All requests for price changes must be justified and based upon verifiable criteria which may include the Bureau of Labor Statistics Consumer Price Index (CPI-U). • Name Emblem $_____________ea ● Company Emblem $_____________ea • Customer Emblem $_____________ea ● Embroidery $_____________ea • COD Terms $_____________per week charge for prior service (if Amount Due is Carried to Following Week) • Automatic Lost Replacement Charge: Item____________________________ % of Inventory____________ $_____________Ea. • Automatic Lost Replacement Charge: Item____________________________ % of Inventory____________ $_____________Ea. • Minimum Charge $_____________per delivery.
• Make-Up charge $_____________per garment.
• Non-Standard/Special Cut Garment (i.e., non-standard, non-stocked unusually small or large sizes, unusually short or long sleeve or length, etc.) premium $_____________per garment.
• Seasonal Sleeve Change $_____________per garment.
• Under no circumstances will the Company accept textiles bearing free liquid. Shop towels may not be used to clean up oil or solvent spills. • Artwork Charge for Logo Mat $______________________
• Size Change: Customer agrees to have employees measured by a Cintas representative using garment “size samples”. A charge of $________________ per garment will be assessed for employee’s size changed within 4 weeks of installation. • Other________________________________________________________________________________________________________________ FACILITY SERVICES PRODUCTS PRICING:

Bundle* Item # Description Rental Freq. Inventory Unit Price *Indicated bundled items/services
Omnia Partners Public Sector Participating Public Agencies Terms

1. Participating Public Agencies: Supplier agrees to extend the same terms, covenants agreed to under the Master Agreement with Lead Public Agency Prince William County Public Schools to other government agencies (“Participating Public Agencies”) that, in their discretion, desire to access the Master Agreement in accordance with all terms and conditions contained herein or attached hereto. Each participating Public Agency will be exclusively responsible and deal directly with Supplier on matters relating to length of agreement, ordering, delivery, inspection, acceptance, invoicing, and payment for products and services in accordance with the terms and conditions of the Master Agreement. Any disputes between a Participating Public Agency and Supplier will be resolved directly between them in accordance with and governed by the laws of the State in which the Participating Public Agency exists.

2. Master Agreement available at https://www.omniapartners.com/publicsector Supplier General Service Terms Section
CUSTOMER:

Cintas Loc. No: _______________________________ Please Sign Name____________________________________________________________ By: _________________________________ Please Print Name ____________________________________________________________ Title: __________________________________ Please Print Title_____________________________________________________________ Accepted-GM: __________________________________ Email______________________________________________________________________ ____
____
____
____ Initial and check box if Unilease. All Garments will be cleaned by customer Date
____ Initial and check box if receiving Linen Service. Company will take periodic physical inventories of items in possession or under control Date customer.
____ Initial and check box if receiving direct embroidery. If service is discontinued for any employee or Customer deletes any of the garments Date direct embroidery for any reason, or terminates this agreement for any reason or fails to renew this agreement, Customer will purchase all direct embroidered garments at the time they are removed from service at the then current replacement values.

3. Prices Customer agrees to rent from Company, and Company agrees to provide to Customer, the Merchandise, inventory and services described on Exhibit A, "Merchandise & Pricing" at the prices set forth in Exhibit A. There will be a minimum charge of thirty-five dollars ($35.00) per week for each Customer location required to purchase its rental services from Company as set forth in this Agreement.

4. Buyback of Non-Standard Garments Customer has ordered from Company a garment rental service requiring embroidered garments that may not be standard
to Company’s normal rental product line. Those non-standard products will be designated as such under-Garment Description in Exhibit C. In the event Customer deletes a non-standard product, alters the design of the non-standard product, fails to renew the Agreement, or terminates the Agreement for any reason other than documented quality of service reasons which are not cured, Customer agrees to buy back all remaining non-standard products allocated to Customer that the Company has in service and out of service at the then current Loss/Damage Replacement Values.

5. Service Guarantee: Company guarantees to deliver the highest quality textile rental service at all times. Any complaints about the quality of the service which have not been resolved in the normal cour se of business must be sent by registered letter to Company's General Manager. If Company then fails to resolve any material complaint in a reasonable period of time, Customer may terminate this agreement provided all rental items are paid for at the then current replacement values or returned to Company in good and usable condition.

6. Garments' Lack of Flame Retardant or Acid Resistant Features Unless specified otherwise in writing by the Company, the garments supplied under this Agreement are not flame retardant or acid resistant an d contain no special flame retardant or acid resistant features. They are not designed for use in areas of flammability risk or where contact with hazardous materials is possible. Flame resistant and acid resistant garments are available from Company upon request. Customer warrants that none of the employees for whom garments are supplied pursuant to this Agreement require flame retardant or acid resistant clothing.

7. Logo Mats In the event that Customer decides to delete any mat bearing the Customer’s logo (Logo Mat) from the rental program, changes the design of the Logo Mats, terminates this agreement for an y reason or fails to renew this Agreement, the Customer will purchase at the time of deletion, design change or termination, all remaining Logo mats that the Company has in service and out of service held in inventory at the then current Loss/Damage Replacement Value.

If this agreement is cancelled for convenience in the first twelve months of the term, Cus tomer s hall pay as termination charges equal to 50 w
eeks of rental service.

If this agreement is cancelled for convenience in months thirteen (13) through eighteen (18) of the term, Customer shall pay as termination charges equal to 36 weeks of rental service.

If this agreement is cancelled for con venience in months nineteen (1 9) thr ough twenty -four (24) of the te rm, C ustomer shall pay as termination charges equal to 23 weeks of rental service.

If this agreement is cancelled for convenience after 24 months of se rvice, C ustomer shall pay as termination char ges of 10 weeks of rental service.

Customer shall also be responsible to r eturn all of t he Merchandise allocated to such Customer locations terminating this Agreement at the then current Loss/Damage Replacement Values an d for a ny unpaid charges on Customer’s ac count pr i or t o termination.

8. Adding Employees Additional employees and Merchandise may be added to this Agreement at any time upon written or oral request by the
Customer to the Company. Any such additional employees or Merchandise shall automatically become a part of and subject to the terms of this Agreement. If such employees are employed at a Customer location that is then participating under this Agreement, the Customer shall pay Company the one-time preparation fee indicated on Exhibit A. Customer shall not pay Company any one-time preparation fee for garments for employees included in the initial installation of a Customer location. There will be a one-time charge for name and/or company emblems when employees are added to the program in garments requiring emblems.

9. Emblem
Guarantee Customer has requested that Company supply emblems designed exclusively for Customer featuring Customer's logo or other specific identification (hereinafter "Customer Emblems"). Company will maintain a sufficient quantity of Customer Emblems in inventory
to provide for Customer's needs and maintain a low cost per emblem through quantity purchases.

10. In the event Customer decides to discontinue the use of Customer Emblems, changes the design of the Customer Emblems, terminates this Agreement
for any reason or fails to renew this Agreement, the Customer will purchase at the time of deletion, design change, termination or expiration, all remaining Customer Emblems that the Company allocated to Customer at the price indicated on Exhibit A of this Agreement.

In no event shall the number of Customer Emblems allocated to Customer exceed the greater of (a) twelve (12) months’ volume for each unique Customer Emblem or (b) a quantity agreed to by Company and Customer and noted on Exhibit A.

11. Terminating Employees Subject to the provisions of this Agreement, the weekly rental charge attributable to any individual leaving the employ of the Customer, or on a temporary leave of absence of three (3) weeks or more, shall be terminated upon oral or written notice by the
Customer to the Company but only after all garments issued to that individual, or value of same at the then current Loss/Damage Replacement
Values, are returned to Company.

12. Replacement In the event any Merchandise is lost, stolen or is not returned to Company, or is destroyed or damaged by fire, welding damage, acid, paint, ink, chemicals, neglect or otherwise, the Customer agrees to pay for said Merchandise at the then current Loss/Damage Replacement
Values.

13. Indemnification To the fullest extent permitted by law, Company agrees to defend, indemnify, pay on behalf of and save harmless the Participating
Public Agency, its elected and appointed officials, agents, employees and authorized volunteers against any and all claims, liability,
demands, suits or loss, including reasonable attorneys’ fees and all other costs connected therewith, arising out of or connected to the
services provided by Company under this Contract, but only to the extent of Company’s negligence.

14. Additional Items: Additional customer employees, products and services may be added to this agreement and shall automatically become a part of and subject to the terms hereof and all of its provisions. If this agreement is terminated early for convenience, the parties agree that the
damages sustained by Co mpany will be substantial and difficult to ascertain. Therefore, if this agreement is terminated by Customer prior to the applicable expiration date for any reason other than documented quality of service reasons which are not cured, or terminated by Company
for non-payment by Customer at any time Customer will pay to Company, as termination charges and not as a penalty based upon the
following schedule:

December 13, 2022
TO: MAYOR AND CITY COUNCIL MEMBERS
FROM: MUNICIPAL WATER DEPARTMENT
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON

AUTHORIZING THE CITY MANAGER TO ISSUE A PURCHASE ORDER
TO CLINICAL LAB OF SAN BERNARDINO, INC. FOR TESTING AND

ANALYSIS OF WATER SAMPLES IN THE AMOUNT OF TWENTY-ONE
THOUSAND TEN DOLLARS ($21,010.00)

SUMMARY
Adoption of this resolution will authorize the City Manager to issue a purchase order to Clinical Lab of San Bernardino, Inc. in the amount of $21,010.00 annually for Testing and Analysis of Water Sample Services for the following three (3) Fiscal Years, 2022-2023, 2023-2024, and 2024-2025.

BACKGROUND
The Municipal Water Department (Department) is responsible for overseeing the City’s utility services. The Production Division is responsible for the State and Federal mandated weekly, monthly, quarterly, and annual water quality testing of the water produced and delivered to the residents and businesses of the City of Compton.

The Department follows State and Federal Health Regulations concerning public water supplies; therefore, it is mandatory to acquire testing and analysis of water sample services to ensure the Department meets and exceeds water quality parameters established by State and Federal Regulations.

STATEMENT OF THE ISSUE
On March 28, 2022, the Department opened the Request for Proposal (RFP) process to solicit bids for Testing and Analysis of Water Sample Services, which closed on April 28, 2022. The Department solicited quotes from three (3) reputable testing and analysis of water sample services companies.

The companies and responses are listed below:

Vendor Purchase Price
Enthalpy Analytical $71,125.00
Clinical Lab of San Bernardino, Inc. $19,100.00
Weck Laboratories, Inc. $21,190.00

8.8.8.8. Staff Report – Resolution to Authorize P.O. Clinical Lab of San Bernardino, Inc.

December 13, 2022 Page 2
After a thorough review of the quotes submitted, staff has determined that Clinical Lab of San Bernardino, Inc. was deemed the lowest responsive and responsible bidder.

Although, the winning bid was $19,100 we are requesting an additional 10% ($1,910) as a contingency fee, which will cover any unforeseen sampling events that may occur throughout the Fiscal Year. The initial bid amount of $19,100 includes the minimum amount of sampling required by State and Federal Regulations, but it does not include any additional sampling cost that may be accrued throughout the Fiscal Year, due to any adverse water quality sampling results. Therefore, the Department is requesting the additional funds for any additional sampling that may be required to be able to comply with State and Federal Regulations.

ALTERNATIVES
Staff does not recommend any alternatives.

FISCAL IMPACT
Funds in the amount of $20,000 was allocated in the Fiscal Year 2022/2023 Budget.

However, $8,574 has been expended in the current fiscal year for mandated sampling and testing events that occurred between May 2022 and September 2022. Therefore, the Department is requesting to allocate additional funds in the amount of $9,574 in the Department’s Laboratory Fees Fund.

Decrease Expenditure Account Description Amount
5000-870-000-4235 Store Purchases $9,584.00
Increase Expenditure Account Description Amount
5000-870-000-4258 Laboratory Fees $9,584.00

RECOMMENDATION
Staff recommends that Council adopt the attached Resolution, which authorizes the City Manager to issue a purchase order to Clinical Lab of San Bernardino, Inc. in the amount of $21,010.00 annually for Testing and Analysis of Water Sample Services for the following three (3) Fiscal Years, 2022-2023, 2023-2024, and 2024-2025.

VICTOR MEZA

WATER DEPARTMENT GENERAL MANAGER
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 ISSUE A PURCHASE ORDER TO CLINICAL LAB OF SAN BERNARDINO, INC. FOR TESTING AND ANALYSIS

OF WATER SAMPLES IN THE AMOUNT OF TWENTY-ONE THOUSAND
TEN DOLLARS ($21,010.00)
WHEREAS, the the Municipal Water Department (Department) is responsible for overseeing the City’s utility services. The Production Division is responsible for the State and Federal mandated weekly, monthly, quarterly, and annual water quality testing of the water produced and delivered to the residents and businesses of the City of Compton; and
WHEREAS, the Department follows State and Federal Health Regulations concerning public water supplies; therefore, it is mandatory to acquire testing and analysis of water sample services to ensure the Department meets and exceeds water quality parameters established by State and Federal Regulations; and WHEREAS, on March 28, 2022, the Department opened the Request for Proposal process to solicit bids for Testing and Analysis of Water Sample Services, which closed on April 28, 2022; and
WHEREAS, the Department solicited quotes from the following qualified testing and analysis of water sample companies:

Enthalpy Analytical $71,125.00
Clinical Lab of San Bernardino, Inc. $19,100.00
Weck Laboratories, Inc. $21,190.00
WHEREAS, staff has determined that Clinical Lab of San Bernardino, Inc. was deemed the lowest responsive and responsible bidder; and WHEREAS, although, the winning bid was $19,100, we are requesting an additional 10% ($1,910) as a contingency fee, which will cover any unforeseen sampling events that may occur throughout the Fiscal Year; and
WHEREAS, the initial bid amount of $19,100 includes the minimum amount of sampling required by State and Federal Regulations, but it does not include any additional sampling cost that may be accrued throughout the Fiscal Year, due to any adverse water quality sampling results. Therefore, the Department is requesting the additional funds for any additional sampling that may be required to comply with State and Federal Regulations; and
WHEREAS, funds in the amount of $20,000 is allocated in the Fiscal Year 2022/2023 Budget. However, funds in the amount of $8,574 has been expended in the current fiscal year for mandated sampling and testing events that occurred between May 2022 and September 2022. Therefore, the Department is requesting to allocate additional funds in the amount of $9,584 in the Department’s Laboratory Fees Fund; and WHEREAS, the Department is requesting to decrease expenditures in Account No. 5000- 870-000-4235 (Store Purchases) in the amount of $9,584 and increase expenditures in Account No. 5000-870-000-4258 (Laboratory Fees) in the amount of $9,584.

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

SECTION 1: That the quote from Clinical Lab of San Bernardino, Inc. is hereby accepted and all of the other quotes are rejected.

SECTION 2: That the City Manager is hereby authorized to issue a purchase order to Clinical Lab of San Bernardino, Inc. in the amount of $21,010.00 annually for Testing and Analysis of Water Sample Services for the following three (3) Fiscal Years, 2022- 2023, 2023-2024, and 2024-2025.

Resolution No.

Page 2 ends

Compton City CouncilDecember 13, 2022

Compton City Council
December 13, 2022