Compton City Council
February 7, 2023

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 or in the City Clerk’s office. 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
02/07/2023
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 AGENDA ITEMS AND NON-AGENDA MATTERS
-2- City Council Agenda 2/7/2023
5:30 PM

CLOSED SESSION

CONFERENCE WITH LEGAL COUNSEL - PENDING LITIGATION
(3) Cases
Culbreath, Anthony v. City of Compton, LASC Case No. 20STCV14652 Rushing, George Anne v. City of Compton, LASC Case No. 21STCV35130 Vasquez, Jeffrey v. City of Compton, LASC Case No. 20STCV47256 Pursuant to California Government Code Section 54956.9(a)

PUBLIC EMPLOYEE PERFORMANCE EVALUATION
TITLE: City Controller
Pursuant to California Government Code Section 54957

OPENING
PUBLIC MEETING – 5:30 PM

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. December 20, 2022

REGULAR AGENDA

REPORTS OF OFFICERS, BOARDS, COMMISSIONS AND COMMITTEES AND

CITY COUNCIL

2. APPOINTMENT(S) OF OFFICERS, COUNCIL MEMBERS,

BOARDS/COMMISSIONS AND COMMITTEES
COMMISSION ON AGING - District 1, Councilmember Duhart
(1 Appointment)
BEAUTIFICATION COMMISSION - District 1, Councilmember
Duhart (1 Appointment)
-3- City Council Agenda 2/7/2023
5:30 PM

CITY MANAGER'S REPORT

3. POWERPOINT PRESENTATION - Illegal Dispensaries

NEW BUSINESS

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

AUTHORIZING THE CITY MANAGER TO RENEW THE CONTRACT SERVICES

AGREEMENT WITH SPRINGBROOK HOLDING COMPANY LLC FOR A THREE (3) YEAR TERM FOR TWO HUNDRED THIRTY-SEVEN THOUSAND DOLLARS ($237,000) AND ISSUE A PURCHASE ORDER IN THE AMOUNT OF SEVENTYFOUR THOUSAND NINE HUNDRED NINETY-NINE DOLLARS AND FIFTY-FIVE CENTS ($74,999.55) FOR UTILITY BILLING SOFTWARE SUPPORT SERVICES FOR FISCAL YEAR 2022-2023

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

AUTHORIZING THE CITY MANAGER TO ISSUE A PURCHASE ORDER TO THE

STATE WATER RESOURCES CONTROL BOARD FOR THE ANNUAL STORM WATER PERMIT FEES ($35,333).

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

AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH

THE LOS ANGELES COUNTY FIRE FOUNDATION AND THE CITY OF

COMPTON AUTHORIZING THE ORGANIZATION TO SERVE AS A FISCAL

SPONSOR ON BEHALF OF THE COMPTON FIRE DEPARTMENT

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

AUTHORIZING THE CITY MANAGER TO AMEND THE CONSTRUCTION

CONTRACT WITH AND ESTABLISH A PURCHASE ORDER FOR HARDY & HARPER, INC. FOR ROAD REPAIR SERVICES CITYWIDE ($320,797.40).

COUNCIL COMMENTS

ADJOURNMENT
NEXT REGULAR MEETING: 2/14/2023 5:30 PM
Visit our website at http://www.comptoncity.org
DECEMBER 20, 2022
The Closed Session Compton City Council meeting was called to order at 4:38 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, A. Spicer J. Bowers, Mayor E. Sharif Council Members Absent – L. Darden

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

CLOSED SESSION AGENDA ITEM

CONFERENCE WITH LABOR NEGOTIATOR
Agency negotiators: Jabari Willis, Thomas Thomas, Triphenia Simmons and Sharon Rahban

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 labor negotiators:

Jabari Willis, Thomas Thomas, Triphenia Simmons and Sharon Rahban Employee organizations:

SEIU Local 721, pursuant to Government Code Section 54957.6.

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

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

RECESS TO CLOSED SESSION
On motion by Spicer, seconded by Duhart, the City Council recessed to closed session at 4:39 p.m. by the following vote on roll call:

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

RECONVENE TO OPEN SESSION
On motion by Darden, seconded by Duhart the City Council voted to reconvene at 5:44 p.m. by the following roll call vote:

ROLL CALL
Council Members Present: Duhart, Darden, Spicer, Bowers, 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 meeting.

PUBLIC COMMENTS ON AGENDA ITEMS AND NON-AGENDA MATTERS
Giovanni Galvan, spoke in support of the Compton Fire Department and raised concerns regarding the equipment that was purchased for the Department. Mr. Galvan then asked whether

1. the Ladder truck has been certified and further questioned why there has been no reports relative to the poor condition of the fire stations and the low staffing level and highlighted that the Compton Fire Department has 17 vacant Firefighter positions.

Daniel Salazar, President of Compton Firefighter Union Local 2216, commented on the outstanding Compton Christmas Parade and the wonderful holiday events held in the City. Captain Salazar urged the City Council to upgrade the City’s infrastructure, repair the City’s fire stations, provide the proper fire equipment apparatus and furthermore increase fire personnel. Captain Salazar wished everyone a Merry Christmas and a Happy New Year! Humberto Espeleta, 311 E. Rosecrans, and commented that he would like to provide assistance to the Veterans and the homeless individuals in the community. Mr. Espeleta then stated that everyone must work together to improve the City.

Anthony Lewis discussed several concerns such as the lack of an ADA curb access on Kemp and Raymond Street and Cliveden Avenue, along with many other locations. Mr. Lewis commented that he has submitted a claim for his Mother and a paraplegic that were injured as a result of a broken sidewalk. Mr. Lewis informed the Council that the fence in Sunny Cove has been down for several months and urged the City to take action. Mr. Lewis then concluded that he has a plan to repair and upgrade the City of Compton, however, the Councilmembers never responded to him.

Andriana Hernandez, Latino Chamber of Commerce, invited the community to be part of the Navidad de Barrio on Friday, December 23, 2022 from 2:00 p.m. to 7 p.m. at Sr. Cliff’s Burritos in Compton. Ms. Hernandez wished everyone a Merry Christmas and Happy New Year! Lynn Boone commented that the City Manager is supposed to be evaluated mid-year as well as annually, and further offered that nothing has been accomplished by this administration. Ms.

Boone then referenced Section 601 of the Compton City Charter and highlighted that all the powers of the City is vested in the City Council and noted that the Council is required to enforce all of the provisions of the Charter. Ms. Boone then noted that the City Charter requires that the City Treasurer collect all monies submitted to the City, and further added that it is a violation of the City Charter for the Assistant City Manager to collect funds and added that the Council must take action. Ms. Boone then raised concerns regarding closed session items and noted that several legal issues are not being brought before the City Council.

CONSENT AGENDA

GENERAL SERVICES

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

AUTHORIZING THE CITY MANAGER TO ISSUE A PURCHASE ORDER TO WAXIE ENTERPRISES, INC. DBA WAXIE SANITARY SUPPLY FOR THE

PROCUREMENT OF EQUIPMENT AND SUPPLIES ON AN AS-NEEDED BASIS FOR THE GENERAL SERVICES DEPARTMENT ($50,000.00) (Approved Resolution Number 25,762)

PUBLIC WORKS DEPARTMENT

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

AUTHORIZING THE CITY MANAGER TO ISSUE PURCHASE ORDERS TO

VARIOUS VENDORS FOR THE PROCUREMENTS OF MATERIALS, SUPPLIES

AND SERVICES FOR THE PUBLIC WORKS STREET MAINTENANCE
DEPARTMENT (Considered later in the meeting)

WATER DEPARTMENT

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

APPROVING AN AMENDMENT TO THE WATER DEPARTMENT'S FISCAL YEAR 2022-2023 BUDGET, TRANSFERRING FUNDS AND ESTABLISHING A PURCHASE ORDER FOR AKM CONSULTING ENGINEERS, INC. FOR PROVISION

OF ENGINEERING SERVICES IN PREPARATION OF THE WATER SYSTEM MASTER PLAN UPDATE AND HYDRAULIC MODEL CALIBRATION ($35,094) (Considered later in the meeting)
It was moved by Spicer, seconded by Duhart, that the consent agenda be approved.

Councilman Bowers stated that he would like to consider item Numbers 2 and 3 separately.

Consent agenda item Number 1 was approved by the following vote on roll call:

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

PUBLIC WORKS DEPARTMENT

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

AUTHORIZING THE CITY MANAGER TO ISSUE PURCHASE ORDERS TO

VARIOUS VENDORS FOR THE PROCUREMENTS OF MATERIALS, SUPPLIES

AND SERVICES FOR THE PUBLIC WORKS STREET MAINTENANCE

DEPARTMENT
It was moved by Duhart, seconded by Darden, that the resolution be adopted.

Councilman Bowers questioned why the City is purchasing uniforms from two different vendors.

Damion Timmons, Public Works Division, responded that Public Works is utilizing the services for a different vendor but indicated that the Department will discuss the possibility of using the same vendor in the future.

Resolution Number 25,763 entitled ‘A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF COMPTON AUTHORIZING THE CITY MANAGER TO ISSUE PURCHASE

ORDERS TO VARIOUS VENDORS FOR THE PROCUREMENTS OF MATERIALS,

SUPPLIES AND SERVICES FOR THE PUBLIC WORKS STREET MAINTENANCE DEPARTMENT’ was adopted by the following vote on roll call:

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

WATER DEPARTMENT

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

APPROVING AN AMENDMENT TO THE WATER DEPARTMENT'S FISCAL YEAR 2022-2023 BUDGET, TRANSFERRING FUNDS AND ESTABLISHING A PURCHASE ORDER FOR AKM CONSULTING ENGINEERS, INC. FOR

PROVISION OF ENGINEERING SERVICES IN PREPARATION OF THE WATER

SYSTEM MASTER PLAN UPDATE AND HYDRAULIC MODEL CALIBRATION ($35,094)
It was moved by Duhart, seconded by Spicer, that the resolution be adopted.

Councilman Bowers commented that Pitney Bowes is leasing property from the City and further questioned if those funds could be used to cover the amount of this contract.

Victor Masa, Water Department Manager, responded that the Department is negotiating with Pitney Bowes relative to the upgrading of the area to serve as a parking lot before the City can begin receiving lease revenue funds from the company.

Resolution Number 25,764 entitled ‘A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF COMPTON APPROVING AN AMENDMENT TO THE WATER
DEPARTMENT'S FISCAL YEAR 2022-2023 BUDGET, TRANSFERRING FUNDS AND ESTABLISHING A PURCHASE ORDER FOR AKM CONSULTING ENGINEERS, INC.

FOR PROVISION OF ENGINEERING SERVICES IN PREPARATION OF THE WATER

SYSTEM MASTER PLAN UPDATE AND HYDRAULIC MODEL CALIBRATION ($35,094)’ 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

REGULAR AGENDA

NEW BUSINESS

4. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AMENDING THE MUNICIPAL WATER DEPARTMENT'S 2022-2023 FISCAL

YEAR BUDGET AND TRANSFERRING SEVEN MILLION NINE HUNDRED EIGHTY-EIGHT THOUSAND DOLLARS ($7,988,000.00) OF AMERICAN RESCUE PLAN ACT FUNDS FROM THE DEPARTMENT'S 2021-2022 OPERATING BUDGET
On motion by Duhart, seconded by Darden, Resolution Number 25,765 entitled ‘A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AMENDING THE MUNICIPAL WATER DEPARTMENT'S 2022-2023 FISCAL YEAR BUDGET AND

TRANSFERRING SEVEN MILLION NINE HUNDRED EIGHTY-EIGHT THOUSAND DOLLARS ($7,988,000.00) OF AMERICAN RESCUE PLAN ACT FUNDS FROM THE DEPARTMENT'S 2021-2022 OPERATING BUDGET’ 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

5. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AUTHORIZING THE CITY MANAGER TO ENTER INTO A THREE (3) YEAR

AGREEMENT WITH AND ISSUE A PURCHASE ORDER TO THE CITY OF

LAKEWOOD CALIFORNIA FOR THE LEASE OF CENTRAL BASIN
GROUNDWATER PUMPING RIGHTS FOR FISCAL YEAR 2022-2023, 2023-2024 AND 2024-2025 ($247,500.00)
On motion by Darden, seconded by Duhart, Resolution Number 25,766 entitled ‘A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON
AUTHORIZING THE CITY MANAGER TO ENTER INTO A THREE (3) YEAR

AGREEMENT WITH AND ISSUE A PURCHASE ORDER TO THE CITY OF

LAKEWOOD CALIFORNIA FOR THE LEASE OF CENTRAL BASIN
GROUNDWATER PUMPING RIGHTS FOR FISCAL YEAR 2022-2023, 2023-2024 AND 2024-2025’ was adopted by the following vote on roll call:

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

COUNCIL COMMENTS
Councilmember Duhart offered the following communications/announcements:
 Thanked everyone connected with the wonderful 12 Days of Christmas event which spread cheer and good tidings to the 1st District as well as the entire City—and offered a special ‘Thank you’ to Compton Sheriff’s Deputy Harkless, the Compton Sherriff’s Department and the Piru Street Block Club
 Repeated her request that the City Manager provide an update on the missing street signs and the City’s swimming pool opening dates
 Requested that the City Manager provide an update of the closure of the illegal marijuana dispensaries in the City and further requested that the Compton Sheriff’s Department provide the City Council and the community with monthly crime reports  Wished everyone Happy Holidays!
Councilmember Spicer offered the following communications/announcements:
 Thanked and commended tennis legend Serena Williams and Door Dash for providing funds to the residents of Compton and also commended the Yetunde Price Resource Center
 Invited the residents of District 2 to participate in the 12 Days of Christmas event -- including a sleigh ride by Santa through the District
 Suggested that flashing red traffic signal lights be posted at the intersection of Long Beach Boulevard and Elm Street for the safety of the community  Wished the residents Happy Holidays!
Councilmember Bowers offered the following communications/announcements:
 Commented on the amazing week he had serving the community and serving meals to the employees of the City of Compton to show how much they are appreciated and further thanked everyone involved
 Extended his gratitude to everyone involved with the wonderful holiday festivities, celebrations and displays of holiday cheer around the City and offered a special ‘Thank you’ to the Compton Fire Department, Compton Sheriff’s Deputy Harkless, Karen Harris, Renee Bowen and all the wonderful partners and volunteers  Thanked Dr. Allen of Dusk to Dawn Urgent Care and his team as well as Mayor Sharif and Councilmember Darden for hosting such a wonderful event for the community  Commented on the Sunny Cove mingle and jingle event which exceeded his expectations and noted that he was honored to be invited  Requested that the City Council meeting be adjourned in memory of Robert Bass  Wished everyone a happy holiday season!
Councilmember Darden offered the following communications/announcements:
 Congratulated Jerry Blackshire on his retirement and wished him prosperity and success in his future endeavors
 Commented on the celebration and recognition lunch for all the amazing City employees and further extended her gratitude to the employees that have been working for the City for 30 years or more
 Commended and thanked Dr. Eugene Allen of Dusk to Dawn Urgent Care for sponsoring a generous Turkey Giveaway at the Compton Woodley Airport and highlighted that the residents were very appreciative of the food, goods and services provided
 Thanked the Compton Sheriff’s Department and the Compton Fire Department for driving Santa Claus around the City to celebrate the holiday season for the children of Compton and further commended the community block clubs for their participation and offered a special to Deputy Harkless and noted that she enjoyed her ride along in Santa’s sleigh and added that it was delightful to see the joy on the faces of the children of Compton
 Announced that she will be sponsoring a City-wide E-waste collection and paper shredding event on January 7, 2023 from 9:00 a.m. to 1:00 p. m. at the Gateway Towne Center, 1621 Towne Center Drive, Compton—residents may shred up to 3 bank boxes full of paper items
 Thanked Miguel Flores of the Reprographics Department for providing such excellent reproduction products with expediency and professionalism  Wished Mayor Sharif a Happy Belated Birthday!
 Wished Benjamin Holifield a Happy Belated 88th Birthday!  Wished everyone Feliz Navidad and a Merry Christmas!
Mayor Sharif offered the following communications/announcements:
 Mayor Sharif requested that the City Manager post signs around the City informing the community regarding the dates for the street repair projects, including the funding sources for the various projects.
 Mayor Sharif requested that the City Manager provide the residents with a timeline schedule for the opening and closing hours of the City’s parks.  Mayor Sharif requested that the City Manager immediately address the huge piles of trash and debris around the City, particularly in the vicinity of 116 E. Alondra  Mayor Sharif thanked everyone associated with the hugely successful Compton Creative Career Fair which was recently held in the City and provided the residents with gainful insight on behind-the-camera jobs in the film industry.  Mayor Sharif thanked and commended Dr. Eugene Allen of the Dusk to Dawn Urgent Care for providing the community with food and resources during his Turkey Giveaway and health screening event.
 Mayor Sharif wished the residents of Compton a Feliz Navidad and a very Merry Christmas!

ADJOURNMENT
On motion by Duhart seconded by Darden, the meeting was adjourned in memory of Robert Bass at 6:38 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 February 7, 2023
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 RENEW

THE CONTRACT SERVICES AGREEMENT WITH
SPRINGBROOK HOLDING COMPANY LLC FOR A THREE (3)

YEAR TERM FOR TWO HUNDRED THIRTY-SEVEN THOUSAND
DOLLARS ($237,000.00) AND ISSUE A PURCHASE ORDER IN

THE AMOUNT OF SEVENTY-FOUR THOUSAND NINE HUNDRED
NINETY-NINE DOLLARS AND FIFTY-FIVE CENTS ($74,999.55)

FOR UTILITY BILLING SOFTWARE SUPPORT SERVICES FOR
FISCAL YEAR 2022-2023

SUMMARY
Adoption of the attached resolution will authorize the City Manager to renew the contract services agreement with Springbrook Holding Company LLC (Springbrook) for a three (3) year term (7/1/2022 - 6/30/2025) for $237,000.00 and issue a purchase order in the amount of $74,999.55 for utility billing software support, software licenses, subscriptions, maintenance and housing for Fiscal Year 2022-2023.

BACKGROUND
Springbrook is the leading financial cloud platform, delivering secure, modern and intuitive cloud based financial solutions specifically for local governments. Springbrook is an affordable financial system with industry leading finance, utility billing, cashless payments, and cash receipting solutions that are in use by over 1100 agencies nationwide.

The Department utilizes the services of Springbrook for the maintenance and technical support of its utility billing software. This software tracks meter reading and payment history, outsourced bill printing, IVR, work orders, collection and finance and offers an array of customizable reports to meet the needs of the Department.

The Department bills approximately 22,000 customers monthly for water and refuse collection services. Springbrook has been instrumental in meeting the needs of the Department, including streamlining utility billing and reporting processes with built-in intelligence and swift access to reliable data. Springbrook also provides customers with 24/7 access to their accounts supported by multiple convenient payment methods.

4. Staff Report – Resolution Authorizing Agreement Springbrook Utility Billing Services
February 7, 2023, page 2

STATEMENT OF THE ISSUE
The Department has utilized the Springbrook software for many years, and $45,396.55 of the requested amount is being used to fund the annual subscription, which provides the Department with access to the maintenance and support services that are provided by Springbrook. Without these services, the Department will be unable to process new water and refuse billing statements, generate mandatory reports, or interface with the Treasurer’s Office for payments and payment related information.

Additionally, $5,600 of the requested amount is being used to fund the Department’s CivicPay Voice IVR Subscription through Springbrook, which provides our customer’s with the option to pay their utility billing statements over the telephone. Springbrook offers the option for our customers to pay their utility billing statements via ACH (check), or by credit card, just as they are accustomed to in person. The Department also has to pay Springbrook $1.00 per transaction for online and telephone payments, therefore, the Department is requesting $20,068.00 to pay those fees.

The Department is also requesting $3,935.00, which will be used to fund the Department’s 5K Outbound Message Block Subscription though Springbrook. This subscription will allow the Department to send a reminder via telephone calls to our customers who have past due utility billing statements, in an attempt to avoid service interruption. The annual subscription, with our selected add-ons are required from Springbrook in order to utilize the software to its fullest capacity, and deliver optimal service to our customers.

Therefore, the Department did not attempt to initiate the RFP process for access to Springbrook’s support and maintenance services, because they are the only company that is able to provide such services for their software. In order to initiate the RFP process the Department would have to acquire new utility billing software that provides the same level of services that are provided by Springbrook, which is not cost effective or operationally efficient at this time. Please see the attached document titled, “Signed Source Justification SpringBrook,” for a more in-depth explanation.

Maintenance & Support
Subscription
$45,396.55
CivicPay Voice IVR Subscription $5,600.00
5K Outbound Message Block
Subscription
$3,935.00
Online & Telephone Payment Fees $20,068.00
Total $74,999.55
Staff Report – Resolution Authorizing Agreement Springbrook Utility Billing Services
February 7, 2023 page 3

ALTERNATIVES
Staff does not recommend any alternatives. Springbrook is the utility billing software used by the Department.

FINANCIAL IMPACT
The cost for the utility billing software support services for the three (3) year term is Two Hundred Thirty-Seven Thousand Dollars ($237,000.00). The cost for Fiscal Year 2022- 2023 is Seventy-Four Thousand Nine-Hundred and Ninety-Nine Dollars and Fifty-Five Cents ($74,999.55).

Funds for this expenditure are allocated in the following account:

Account No. Account Description Amount
5000-900-000-4222 Computer Software $74,999.55
The annual maintenance and support, CivicPay Voice IVR Subscription, and 5K Outbound Message Block Subscription will be subject to an automatic standard annual price increase of no more than five percent (5%) of the prior years’ service fees.

Furthermore, the amount allocated for the Online & Telephone Payment fee of $1.00 per transaction is subject to change depending on the actual amount of customers who choose to participate in paying their utility billing statements online or via telephone. The allocated amount may need to be adjusted in future Fiscal Year budgets.

RECOMMENDATION
It is staff’s recommendation that the City Council adopt this Resolution and renew the contract services agreement with Springbrook for utility billing software support and authorize the City Manager to execute a purchase order for a total amount of $74,999.55.

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 RENEW THE CONTRACT SERVICES

AGREEMENT WITH SPRINGBROOK HOLDING COMPANY LLC FOR A
THREE (3) YEAR TERM FOR TWO HUNDRED THIRTY-SEVEN THOUSAND DOLLARS ($237,000.00) AND ISSUE A PURCHASE ORDER IN THE AMOUNT

OF SEVENTY-FOUR THOUSAND NINE HUNDRED NINETY-NINE DOLLARS AND FIFTY-FIVE CENTS ($74,999.55) FOR UTILITY BILLING SOFTWARE SUPPORT SERVICES FOR FISCAL YEAR 2022-2023
WHEREAS, the Compton Municipal Water Department (Department) bills approximately 22,000 customers monthly for water and refuse collection services; and WHEREAS, Springbrook Holding Company LLC (Springbrook) is the leading financial cloud platform, delivering secure, modern and intuitive cloud based financial solutions specifically for local governments; and
WHEREAS, the Department currently utilizes Springbrook for the maintenance and technical support of its utility billing software. This software tracks meter reading and payment history, outsourced bill printing, IVR, work orders, collection and offers an array of customizable reports to meet the needs of the Department; and WHEREAS, Springbrook is the sole vendor authorized to provide these services to the Department; and
WHEREAS, the cost for Maintenance & Support Subscription for Fiscal Year 2022- 2023 is $45,396.55. The annual subscription is subject to an automatic standard annual price increase of no more than five percent (5%) of the prior years’ service fees; and WHEREAS, the cost for the CivicPay Voice IVR Subscription for Fiscal Year 2022- 2023 is $5,600.00. The annual subscription is subject to an automatic standard annual price increase of no more than five percent (5%) of the prior years’ service fees; and WHEREAS, the cost for the 5K Outbound Message Block for Fiscal Year 2022- 2023 is $3,935.00. The annual subscription is subject to an automatic standard annual price increase of no more than five percent (5%) of the prior years’ service fees; and WHEREAS, the cost for Online and Telephone Payment Fees for Fiscal Year 2022-2023 is estimated at $20,068.00. The amount allocated for the Online & Telephone Payment fee of $1.00 per transaction is subject to change depending on the actual amount of customers who choose to participate in paying their utility billing statements online or via telephone, the amount allocated may need to be adjusted in future Fiscal Year budgets; and
WHEREAS, the annual subscription is subject to an automatic standard annual price increase of no more than five percent (5%) of the prior years’ service fees; and WHEREAS, funds for this expenditure are allocated in the Department’s Fiscal Year 2022-2023 budget in Account No. 5000-900-000-4222.

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

SECTION 1. That the City Manager is authorized to renew the contract services agreement with Springbrook Holding Company LLC (Springbrook) for a three (3) year term (7/1/2022 – 6/30/2025) for Two Hundred Thirty-Seven Thousand Dollars ($237,000.00) and issue a purchase order in the amount of Seventy-Four Thousand Nine Resolution No. ___________

Hundred and Ninety-Nine Dollars and Fifty-Five Cents ($74,999.55) for utility billing software support for Fiscal Year 2022-2023.

SECTION 2. That funds in the amount of $74,999.55 are allocated in the Department’s Fiscal Year 2022-2023 Budget in Account No. 5000-900-000-4222 (Computer Software Fund). A five percent (5%) automatic standard price increase will be assessed on an annual basis for the duration of this agreement.

SECTION 3. That a certified copy of this resolution shall be filed in the office of the City Manager, City Clerk, City Controller, City Attorney and Compton Municipal Water Department.

SECTION 4. That the Mayor shall sign and the City Clerk shall attest to the adoption of this resolution.

ADOPTED this _________ day of _____________, 2023.
________________________________

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, Vernell McDaniel, 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 _______________, 2023.

That said Resolution was adopted by the following vote:

AYES: COUNCIL MEMBERSNOES: COUNCIL MEMBERSABSENT: COUNCIL MEMBERSABSTAINS: COUNCIL MEMBERS- ____________________________________

CITY CLERK OF THE CITY OF COMPTON

INVOICE

Invoice # INV-009901
Invoice Date 07/14/2022
Invoice Date Due 08/13/2022
Payment Terms Net 30
PO No.

Please direct inquiries to:

Accounts Receivable at (503) 820-2213
Send an email to: [email protected]
Lockbox Payments:

Springbrook Holding Company LLC
PO Box 200566
Dallas, TX 75320-0566
ACH/Wiring Instructions:

Wells Fargo
For credit to: Springbrook Holding Company LLC
Account: 4898138342
ABA: 121000248
Bill To:

Don Nguyen
Compton Municipal Water Dept - Compton, CA
205 S Willowbrook Ave
Compton California 90220
Ship To:

Don Nguyen
Compton Municipal Water Dept - Compton, CA
205 S. Willowbrook Ave.

Compton California 90220
Description Term Start
Date
Term End
Date Qty. Ext. Price
Finance Suite Maintenance 07/01/2022 06/30/2023 1 $825.77 Finance Integration Maintenance 07/01/2022 06/30/2023 1 $2,353.84 Utility Billing Maintenance 07/01/2022 06/30/2023 1 $38,347.16 Postal Link/Certification Maintenance 07/01/2022 06/30/2023 1 $3,382.47 Utility Billing Exchange Maintenance 07/01/2022 06/30/2023 1 $487.31 SUBTOTAL $45,396.55
TAX $0.00
TOTAL $45,396.55

Order Form: Q-03540-1
Date: 7/26/2022, 8:47 AM
Expires On: 10/24/2022
Phone: (866) 777-0069
Email: [email protected]
Ship To:

Brandon Mims
Compton Municipal Water Dept - Compton, CA
205 S. Willowbrook Ave.

Compton, California 90220
United States
[email protected]
Bill To:

Don Nguyen
Compton Municipal Water Dept - Compton, CA
205 S Willowbrook Ave
Compton, California 90220
United States
[email protected]
Account Manager E-mail Phone Number Payment Terms
Bea Williams [email protected] (503) 820-6272 Net 30 CivicPay Pricing
PRODUCT DESCRIPTION RATE QTY DISC % NET PRICE
CivicPay Voice IVR
Subscription
CivicPay IVR
Subscription
USD 6,160.00 1 9.091 USD 5,600.00
CivicPay Pricing Total: USD 5,600.00
Transaction Fees

PRODUCT RATE QTY NET PRICE
CivicPay IVR Transaction Fee USD 1.00 1 TBD based on number of transactions Transaction Fees Total: USD 0.00
Grand Total: USD 5,600.00
* excludes applicable sales tax

DocuSign Envelope ID: A624FED0-FB28-4F5E-812D-EB96B6DC0C59 Order Details
Customer Name: Compton Municipal Water Dept - Compton, CA Customer Contact: Brandon Mims
Governing Agreement(s): This Order Form is governed by the applicable terms found at:

MSA: https://sprbrk.app.box.com/v/sprbrk-saas-terms
MLA: https://sprbrk.app.box.com/v/sprbrk-onpremise-terms Professional Services: https://sprbrk.app.box.com/v/sprbrk-svcs-terms Term(s): 3 Years
Utility Accounts Contracted for CivicPay
and Mobile Work Orders:
14,000
Order Terms
In the event of an inconsistency between this Order Form, any governing agreement, purchase order, or invoice, the Order Form shall govern as it pertains to this transaction.
• This Order Form shall become effective as of the last date of signature (the "Effective Date"). • Order Start Date: Software Licenses, Subscriptions, Maintenance, and Hosting commence upon the earlier of a) date of delivery* or log-in to hosted software to Customer; or b) 60 days after Order Form Effective Date. • Subscriptions, Maintenance, Hosting, and Support (“Recurring Services”) continue from the Order Start Date through the term listed in this Order Form (or if not listed, one (1) year). • Orders for Recurring Services auto-renew unless the Customer or Springbrook provides a written notice of non-renewal at least sixty (60) days before the end of the Order Term. • Subscription Service fees and any Recurring Services will be subject to an automatic annual increase by not more than zero percent (0%) of the prior year’s Subscription Service fees ("Standard Annual Price Increase").
• Any Software Licenses or Hardware are one-time non-refundable purchases. • CivicPay Online Subscription fee and CivicPay IVR Subscription fee are subject to increase at per account rate, based on actual accounts.
• CivicPay IVR Message Block Subscriptions expire upon the earlier exhaustion of the Message Block or twelve (12) months from the Order Start Date. Upon expiration, Message Blocks automatically renew. *The date of delivery of software to the Customer is the date the software is made available to the Customer, either by delivery of software or delivery of first log-in to a hosted environment, which may be either a test or production environment. This date of delivery is frequently earlier than the dates professional services are completed, the Customer completes user acceptance testing, the Customer distributes additional logins to end-users and the Customer go-live in a production environment.

DocuSign Envelope ID: A624FED0-FB28-4F5E-812D-EB96B6DC0C59 Invoice Timing and Delivery
Invoices are delivered electronically via e-mail to the billing contact on file for the Customer. Customer invoices are issued for the full amount of software and services purchased as follows:

Products Ordered Invoice Timing
*Estimated Professional Services: Monthly, in arrears for services in the prior month unless specified in Special Terms.

Fixed Fee Professional Services: The Effective Date of this Order Form unless specified in Special Terms.

Transaction Fees: Monthly, in arrears for transactions in the prior month.

Hardware: Upon the Effective Date of this Order Form.

Software Licenses, Subscriptions,
Maintenance, and
Hosting (New):

Annually in advance upon Order Start Date.

Software Licenses, Subscriptions,
Maintenance, and Hosting
(Renewal):

Sixty (60) days in advance of the Order Start Date.
* Professional Services pricing is based on expected hours using Springbrook’s standard implementation methodology. Actual hours and billings may vary from this estimate. Please note that only when project costs exceed $5,000 of this estimate, a signed change order will be required to continue work. Changes under $5,000 will continue to be delivered and billed accordingly.

Special Order Terms
Special Order Terms (if any):

DocuSign Envelope ID: A624FED0-FB28-4F5E-812D-EB96B6DC0C59 By signing, both parties agree to the terms and conditions set forth in this agreement. * If the Customer requires a PO number on invoices, the Customer must provide Springbrook with the PO number and a copy of the PO prior to invoice issuance. If a PO number is not provided prior to the invoice issuance date, invoices issued on this Order Form will be valid without a PO reference.

Springbrook Holding Company, LLC Compton Municipal Water Dept - Compton, CA Signature:_________________________ Signature:__________________________ Name (Print):________________________ Name (Print):________________________ Title:_______________________________ Title:______________________________ Date:_______________________________ Date:_______________________________ Purchase Order # (if required)________________________

DocuSign Envelope ID: A624FED0-FB28-4F5E-812D-EB96B6DC0C59 Brandon Mims
9/7/2022
City Treasurer
John Perreault
9/8/2022
CRO
Selectron Terms and Conditions
The following terms and conditions apply to your use of Selectron Technologies, Inc.’s software and documentation (the “Software”).

1. Grant of License; Reservation of Rights.

Subject to the terms and conditions of this Agreement, you are granted a non-exclusive, non-sublicensable, non-transferable and non-assignable, and limited license to use the Software solely for your internal business use and solely during the term of the agreement. Except as expressly set forth in this Section 1, no other right or license is granted to you with respect to the Software.

2. Other Rights and Limitations.

2.1 Modifications, Updates, and Upgrades. The Software may, at any time, be replaced, modified, altered, improved, or otherwise changed. Any changes to or upgraded versions of the Software shall be considered “Software” under this agreement and subject to all terms and conditions of this agreement.

2.2 No Transfer of Software. You may not rent, lease, distribute, sell, assign, pledge, sublicense, loan, timeshare, otherwise transfer, or otherwise use the Software for the commercial or other benefit of third parties.

2.3 Limitation on Reverse Engineering, Decompilation, and Disassembly. You may not, and may not permit any employee or third party to, reverse engineer, decompile, translate, or disassemble the Software, or otherwise determine or attempt to determine any source code, algorithms, methods, or techniques used or embodied in the Software, except and only to the extent that applicable law, notwithstanding this limitation, expressly permits such activity.

2.4 Other Use Restrictions. You may not use the Software for any purpose other than as set forth in this agreement. You agree to comply with all applicable laws, rules, and regulations in its use of the Software. You may not, and may not permit is employees or any third party to (i) modify, translate, or create derivative works based on or derived from the Software; (ii) reproduce or distribute the Software to any third party; (iii) remove or alter any copyright, trademark, or other proprietary notices, legends, symbols, or labels appearing on or in the Software; (iv) alter or tamper with the Software in any way, or attempt to defeat any security measures to protect the confidentiality and proprietary nature of the Software; (v) perform, or release the results of, benchmark tests or other comparisons of the Software with other software, media, or materials; (vi) permit the Software to be used for or in connection with processing data or other information on behalf of any third party; (vii) incorporate the Software or any portion thereof into any other materials, products, or services; or (viii) use the Software in any manner that could damage, disable, overburden or impair servers or networks, or interfere with any other party’s use of the Software.

3. Copyright. The Software is licensed, not sold. You acknowledge and agree that Selectron Technologies, Inc. or its suppliers own title to the Software and all present and future copyrights, trade secret rights, patent rights, trademark rights, and all other intellectual property and proprietary rights in and to the Software (including without limitation, all source and object code, algorithms, techniques, methods, images, “applets,” photographs, animations, video, audio, music, text, and other content comprising and/or incorporated into the Software), and all updates and upgrades to and versions and derivative works of the foregoing. You may not copy or transfer the Software.

4. General Terms and Conditions.

4.1 Password; Account Activities. As part of the account setup process, you will be provided with and/or create a login username and password. You may change your username and/or password at any time. You must maintain the confidentiality and security of your username and password and other account credentials, and you are solely responsible for all activity that occurs in the Software under your username and password. Selectron Technologies, Inc. will not be liable for any loss, damage, or liability that you may incur as a result of someone else using your username and password, either with or without your knowledge. You may be held liable for losses, damages, or liabilities due to someone else using your username and password, either with or without Your knowledge.

4.2 Data Storage. Selectron Technologies, Inc. shall have no obligation to provide you with any data associated with your account or any output or results you retrieve through use of the Software, or to provide you access to your account, once this agreement is terminated. Selectron Technologies, Inc. shall not be responsible or liable to you or any third party for data, output, and/or results that are deleted upon termination of the agreement and your rights to use the Software.

4.3 Audit Rights. Selectron Technologies, Inc. shall have the right, at any time and with any frequency in its discretion, to audit your usage of the Software to determine your compliance with the terms of the agreement.

DocuSign Envelope ID: A624FED0-FB28-4F5E-812D-EB96B6DC0C59

4.4 Maintenance and Support Services. You acknowledge and agree that Selectron Technologies, Inc. has no obligation to furnish any maintenance or support services with respect to the Software.

5. Export Restrictions. The Software is subject to the export control laws of the United States and other countries. You may not export or re-export the Software. You must otherwise comply with, and contractually require that all of your employees comply with, all applicable export control laws and regulations in the use of the Software. The Software may not be downloaded or otherwise exported or re-exported (a) into any country for which the United States has a trade embargo, or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Denied Persons List. You represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. You shall defend, indemnify and hold Selectron Technologies, Inc. and all of its successors, assigns, affiliates, suppliers, and each of their officers, directors, employees, and agents harmless for, from, and against any and all claims, allegations, damages, liabilities, and costs and expenses (including without limitation attorneys’ fees and costs) arising out of your violation of such export control laws. You further agree to comply with the United States Foreign Corrupt Practices Act, as amended.

6. Warranty Disclaimer. SELECTRON TECHNOLOGIES, INC., TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXPRESSLY DISCLAIMS ANY AND

ALL WARRANTIES (WHETHER EXPRESS, IMPLIED, OR STATUTORY) FOR THE SOFTWARE, ANY DOCUMENTATION ASSOCIATED WITH THE SOFTWARE, AND ANY

OUTPUT OR RESULTS RETRIEVED BY YOU THROUGH USE OF THE SOFTWARE, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY,

FITNESS FOR A PARTICULAR PURPOSE OR USE, QUALITY, PRODUCTIVENESS, CAPACITY, THAT THE SOFTWARE WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, THAT ERRORS OR DEFECTS IN THE OPERATION OF THE SOFTWARE WILL BE CORRECTED, TITLE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS.

YOU ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES IN ENTERING INTO THIS AGREEMENT. SELECTRON TECHNOLOGIES, INC. PROVIDES THE SOFTWARE “AS IS” AND “AS AVAILABLE,” AND DOES NOT WARRANT THAT THE SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, AND HEREBY DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION THEREWITH. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE REMAINS WITH YOU. SELECTRON TECHNOLOGIES, INC. FURTHER DISCLAIMS ANY AND ALL RESPONSIBILITY FOR ANY LOSS OR CORRUPTION OF DATA OR ANY OUTPUT OR RESULTS RETRIEVED BY YOU THROUGH USE OF THE SOFTWARE. SELECTRON TECHNOLOGIES, INC. MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, RELIABILITY, OR AVAILABLE OF THE SOFTWARE FOR ANY PURPOSE. No reseller, employee, agent, dealer, or distributor of Selectron Technologies, Inc. is authorized to modify this limited warranty, or make any additional warranties, whether orally, in writing, or otherwise. This Section 6 shall be enforceable to the fullest extent permitted by applicable law.

7. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SELECTRON TECHNOLOGIES, INC. BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, OR INCIDENTAL

DAMAGES, INCLUDING BUT NOT LIMITED TO, ANY LOST DATA AND LOST PROFITS, ARISING FROM OR RELATING TO THIS

AGREEMENT, THE SOFTWARE, RELATED DOCUMENTATION, OR ANY OUTPUT OR RESULTS RETRIEVED BY YOU THROUGH USE OF THE SOFTWARE. IN ANY CASE, SELECTRON TECHNOLOGIES, INC. TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH YOUR USE

OF THE SOFTWARE, RELATED DOCUMENTATION, AND ANY OUTPUT OR RESULTS RETRIEVED BY YOU THROUGH USE OF THE

SOFTWARE, WHETHER IN CONTRACT OR TORT OR OTHERWISE, WILL NOT EXCEED THE AMOUNT PAID BY YOU TO USE OF THE SOFTWARE IN THE ONE- (1-) MONTH PERIOD IMMEDIATELY PRECEDING THE ACTION THAT GAVE RISE TO THE CLAIM. YOU

ACKNOWLEDGE THAT SUCH FEE REFLECTS THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT SELECTRON TECHNOLOGIES, INC. WOULD NOT ALLOW USE OF THE SOFTWARE WITHOUT THESE LIMITATIONS ON ITS LIABILITY. BECAUSE

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. This Section 7 shall be enforceable to the fullest extent permitted by applicable law.

8. Network Security Disclaimer

8.1 Internet Security.

The Software may have the ability to connect to the Internet and may be used to access and transfer information over the Internet. The Software is designed to operate within your secure network environment, and the Software does not provide any mechanism for security or privacy. Specifically, the Software relies fully on your security measures and implements no further security infrastructure. You are solely responsible for the security and integrity of information you transfer from the Software, if any. Selectron Technologies, Inc. makes no representations or warranties to you regarding (i) the security or privacy of your network environment, or (ii) any third-party technologies’ or services’ ability to meet your security and privacy needs. These third-party technologies and services may include, but are not limited to, operating systems, database management systems, web servers, and payment processing services. You are solely responsible for ensuring a secure environment for information it transfers from the Software, if any. Further, you acknowledge and agree that Selectron Technologies, Inc. does not operate or control the Internet and that Selectron Technologies, Inc. shall have no responsibility or liability in connection with a breach of security or privacy regarding the Software or information contained therein that is caused by (i) viruses, worms, Trojan horses, or other undesirable data or software; (ii) unauthorized users, e.g., hackers; or (iii) any other third party or activity beyond Selectron Technologies, Inc.’s reasonable control.

DocuSign Envelope ID: A624FED0-FB28-4F5E-812D-EB96B6DC0C59

8.2 Outbound Services Disclaimer.

Outbound services are intended to create additional methods of communication to your employees who use the Software in support of existing processes. These services are not intended to replace all interaction with your employees or become critical path. While the outbound services have been created with the best available tools and practices, they are dependent on infrastructure that is inherently not fail-proof, including but not limited to, infrastructure such as software, computer hardware, network services, telephone services, and e-mail. Examples of situations that could cause failure include, but are not limited to: Down phone lines, all lines busy, equipment failure, email address changes, Internet service disruptions. For this reason, while outbound services are valuable in providing enhanced communication, they are specifically not designed to be used as the sole method to deliver critical messages. You acknowledge that you are aware of the potential hazards associated with relying on an automated outbound service feature, when using the Software, and you acknowledge and agree that you are giving up in advance any right to sue or make any claim against Selectron Technologies, Inc., and that you forever release Selectron Technologies, Inc. from any and all liability caused by: (a) Any failed call attempts (including excess of calls over and above network or system capacity), incomplete calls, or any busy-outs; (ii) any failure to transmit, obtain or collect data from callers or for human and machine errors, faulty or erroneous input, inarticulate caller communication, caller delays or call lengths exceeding estimated call lengths or omissions, delays and losses in connection with the use of the Software; or (iii) if you, or your employees, suffer injury or damage due to the failure of outbound services to operate, even though you do not know what or how extensive those injuries or damages might be.

9. U.S. Government End Users.

9.1 The Software is a “commercial item”, as that term is defined at 48 C.F.R. 2.101, consisting of “commercial computer software” and “commercial computer software documentation”, as such terms are used in 48 C.F.R. 12.212 or 48 C.F.R. 227.7202, as applicable. Consistent with 48 C.F.R. 12.212 and 48 C.F.R 227.7202-1 through 227.7202-4, the Software is licensed to any U.S.

Government end users (i) only as a commercial end item and (ii) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. The licensor of the Software is Selectron Technologies, Inc., 7405 SW Tech Center Drive, Suite 140, Portland, Oregon 97223, USA. This Section 9.1, consistent with 48 C.F.R. § 12.212 and 48 C.F.R. § 227.7202 is in lieu of, and supersedes, any other Federal Acquisition Regulation, Defense Federal Acquisition Regulation Supplement, or other clause or provision that addresses United States Government rights in computer software, technical data, or computer software documentation.

9.2 If you are a a governmental entity, all other state and local governments within your state may obtain a license from you to use the Software, under the same terms and conditions as set forth in this Agreement by entering into a software license agreement with the same terms and conditions. Please contact us with any interest in the foregoing.

10. Termination.

10.1 Automatic Termination. If you have entered into a separate written agreement and the use of the Software by you is incidental to or a part of that agreement, this agreement shall immediately and automatically terminate upon the date of expiration or early termination of such separate written agreement. Upon such termination, you agree to immediately cease all use of the Software and that your access to the Software may be disabled upon such termination.

10.2 Termination for Your Breach. If you breach a term or condition of this agreement and fails to cure such breach within sixty (60) days of being notified of the breach, this agreement will automatically terminate. Upon such termination, you agree to immediately cease all use of the Software and that your access to the Software may be disabled upon such termination.

10.3 Survival. All provisions that would be expected to survive termination of this agreement shall so survive such termination.

11. Indemnification. You agree to shall defend, indemnify and hold Selectron Technologies, Inc. and all of its successors, assigns, affiliates, suppliers, and each of their officers, directors, employees, and agents harmless for, from, and against any and all claims, allegations, damages, liabilities, and costs and expenses (including without limitation attorneys’ fees and costs) arising out of (i) any breach of this agreement by you; (ii) Your use of or conduct in connection with the Software or any output or result retrieved by You through use of the Software; (iii) any unauthorized use of your username and password, with or without your knowledge; (iv) any infringement or misappropriation of any third-party rights by you; or (v) your violation of or noncompliance with any applicable law, rule, or regulation. Selectron Technologies, Inc. will have the right to immediately assume sole responsibility and control over the defense of any lawsuit or proceeding, and you acknowledge and agree that Selectron Technologies, Inc.’s exercise of such responsibility and control shall not relieve you of your indemnity obligations in this agreement.

12. Additional Provisions.

12.1 The United Nations Convention on Contracts for the International Sale of Goods does not apply to and shall not be used to interpret this Agreement.

DocuSign Envelope ID: A624FED0-FB28-4F5E-812D-EB96B6DC0C59

12.2 If any provision of this agreement is unenforceable, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect. Without limiting the generality of the foregoing, Customer agrees that Section 7 will remain in effect notwithstanding the unenforceability of any provision in Section 6.

12.3 Selectron Technologies, Inc. shall have the right to use your name as a customer reference and to use your trade name on Selectron Technologies, Inc.’s customer lists.

12.4 The Software and all related documentation and materials contain valuable trade secrets, copyrights, proprietary knowhow, information, algorithms, techniques, methods, processes, and content (collectively for purposes of this Section 12.4, “Proprietary Information and Materials”) that belong to Selectron Technologies, Inc. or its suppliers, and the Proprietary Information and Materials are being made available to you in strict confidence. ANY USE OR DISCLOSURE OF THE PROPRIETARY

INFORMATION AND MATERIALS, OTHER THAN IN STRICT ACCORDANCE WITH THIS AGREEMENT, IS STRICTLY PROHIBITED AND IS ACTIONABLE AS A VIOLATION OF SELECTRON TECHNOLOGIES, INC.’S AND/OR ITS SUPPLIERS’ TRADE SECRETS, COPYRIGHTS, AND OTHER INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS, AS WELL AS A MATERIAL BREACH OF THIS AGREEMENT.

12.5 In the event that you breach any material provision of this Agreement, you acknowledge and agree that there can be no adequate remedy at law to compensate Selectron Technologies, Inc. for such breach; that any such breach will allow you or third parties to compete unfairly with Selectron Technologies, Inc. resulting in irreparable harm to Selectron Technologies, Inc. that would be difficult to measure; and, therefore, that upon any such breach or threat thereof, Selectron Technologies, Inc. shall be entitled to injunctive and other appropriate equitable relief (without the necessity of proving actual damages or of posting a bond or other security), in addition to whatever remedies Selectron Technologies, Inc. may have at law, in equity, under this agreement, or otherwise.

12.6 You shall not transfer or delegate any or all rights or obligations under this agreement to any third party. Any attempt to assign or otherwise transfer this agreement and the license granted herein without permission shall be void.

12.7 All waivers must be in writing. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.

12.8 If you are agreeing to this Agreement in a representative capacity on behalf of an entity, you acknowledge and agree that you have authority to represent and bind such entity.

DocuSign Envelope ID: A624FED0-FB28-4F5E-812D-EB96B6DC0C59 Order Form: Q-09260-1
Date: 12/5/2022, 11:42 AM
Expires On: 3/5/2023
Phone: (866) 777-0069
Email: [email protected]
Ship To:

Dominique Stewart
Compton Municipal Water Dept - Compton, CA
205 S. Willowbrook Ave
Compton, California 90220
[email protected]
Bill To:

Brandon Mims
Compton Municipal Water Dept - Compton, CA
205 S Willowbrook Ave
Compton, California 90220
[email protected]
Account Manager E-mail Phone Number Payment Terms
Bea Williams [email protected] (503) 820-6272 Net 30 CivicPay Pricing
PRODUCT DESCRIPTION RATE QTY DISC % NET PRICE
5K Outbound Message Block
Subscription
CivicPay IVR message
block 5K messages
Subscription
USD 3,935.00 1 0.000 USD 3,935.00
CivicPay Pricing Total: USD 3,935.00
Grand Total: USD 3,935.00
* excludes applicable sales tax

Order Details
Customer Name: Compton Municipal Water Dept - Compton, CA Customer Contact: Dominique Stewart
Governing Agreement(s): This Order Form is governed by the applicable terms found at:

MSA: https://sprbrk.app.box.com/v/sprbrk-saas-terms
MLA: https://sprbrk.app.box.com/v/sprbrk-onpremise-terms Professional Services: https://sprbrk.app.box.com/v/sprbrk-svcs-terms Term(s): 3 Years
Utility Accounts Contracted for CivicPay
and Mobile Work Orders:
14,000
Order Terms
In the event of an inconsistency between this Order Form, any governing agreement, purchase order, or invoice, the Order Form shall govern as it pertains to this transaction.
• This Order Form shall become effective as of the last date of signature (the "Effective Date"). • Order Start Date: Software Licenses, Subscriptions, Maintenance, and Hosting commence upon the earlier of a) date of delivery* or log-in to hosted software to Customer; or b) 60 days after Order Form Effective Date. • Subscriptions, Maintenance, Hosting, and Support (“Recurring Services”) continue from the Order Start Date through the term listed in this Order Form (or if not listed, one (1) year). • Orders for Recurring Services auto-renew unless the Customer or Springbrook provides a written notice of non-renewal at least sixty (60) days before the end of the Order Term. • Subscription Service fees and any Recurring Services will be subject to an automatic annual increase by not more than five percent (5%) of the prior year’s Subscription Service fees ("Standard Annual Price Increase").
• Any Software Licenses or Hardware are one-time non-refundable purchases. • CivicPay Online Subscription fee and CivicPay IVR Subscription fee are subject to increase at per account rate, based on actual accounts.
• CivicPay IVR Message Block Subscriptions expire upon the earlier exhaustion of the Message Block or twelve (12) months from the Order Start Date. Upon expiration, Message Blocks automatically renew. *The date of delivery of software to the Customer is the date the software is made available to the Customer, either by delivery of software or delivery of first log-in to a hosted environment, which may be either a test or production environment. This date of delivery is frequently earlier than the dates professional services are completed, the Customer completes user acceptance testing, the Customer distributes additional logins to end-users and the Customer go-live in a production environment.

Invoice Timing and Delivery
Invoices are delivered electronically via e-mail to the billing contact on file for the Customer. Customer invoices are issued for the full amount of software and services purchased as follows:

Products Ordered Invoice Timing
Estimated Professional Services,
On-Site Professional Services, and
Travel Expenses*:

Monthly, in arrears for services in the prior month unless specified in Special Terms.

Fixed Fee Professional Services: The Effective Date of this Order Form unless specified in Special Terms.

Print Services and Transaction Fees: Monthly, in arrears for transactions in the prior month.

Hardware: Upon the Effective Date of this Order Form.

Software Licenses, Subscriptions,
Maintenance, and
Hosting (New):

Annually in advance upon Order Start Date.

Software Licenses, Subscriptions,
Maintenance, and Hosting
(Renewal):

Sixty (60) days in advance of the Order Start Date.
* Professional Services pricing is based on expected hours using Springbrook’s standard implementation methodology. Actual hours and billings may vary from this estimate. Please note that only when project costs exceed $5,000 of this estimate, a signed change order will be required to continue work. Changes under $5,000 will continue to be delivered and billed accordingly. On-site Professional Services will be subject to a daily minimum rate irrespective of hours on-site. All travel costs associated with on-site travel will be billed as incurred.

Special Order Terms
Special Order Terms (if any):

By signing, both parties agree to the terms and conditions set forth in this agreement. * If the Customer requires a PO number on invoices, the Customer must provide Springbrook with the PO number and a copy of the PO prior to invoice issuance. If a PO number is not provided prior to the invoice issuance date, invoices issued on this Order Form will be valid without a PO reference.

Springbrook Holding Company, LLC Compton Municipal Water Dept - Compton, CA Signature:_________________________ Signature:__________________________ Name (Print):________________________ Name (Print):________________________ Title:_______________________________ Title:______________________________ Date:_______________________________ Date:_______________________________ Purchase Order # (if required)________________________

February 07, 2023
TO: MAYOR AND CITY COUNCIL MEMBERS
FROM: CITY MANAGER
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON

AUTHORIZING THE CITY MANAGER TO ISSUE A PURCHASE ORDER

TO THE STATE WATER RESOURCES CONTROL BOARD FOR THE
ANNUAL STORM WATER PERMIT FEES ($35,333).

SUMMARY
This Resolution authorizes the City Manager to issue a purchase order to the State Water Resources Control Board for the annual storm water permit fees in an amount not to exceed $35,333.

BACKGROUND
Storm water is defined by U.S. EPA as runoff generated when precipitation from rain and snow melt flow over land or impervious surfaces without percolating into the ground. Storm water is often considered a nuisance because it mobilizes pollutants such as motor oil and trash. In most cases, storm water flows directly to water bodies through sewer system, contributing to a major source of pollution to rivers, lakes, and the ocean.

The Municipal Storm Water Permitting Program regulates storm water discharges from municipal separate storm sewer systems (MS4) throughout California. The U.S. EPA defines an MS4 as a conveyance or system of conveyances including roads with drainage systems, municipal streets, catch basins, curb, gutters, ditches, man-made channels, or storm drains owned or operated by a public entity.

The Municipal Storm Water Program manages the Phase I Permit Program (serving municipalities over 100,000), the Phase II Permit Program (for municipalities less than 100,000), and the Statewide Storm Water Permit for the State of California Department of Transportation. The State Water Resources Control Board (State Water Board) and Regional Water Quality Control Boards (collectively, the Water Boards) implement and enforce the Municipal Storm Water Program.

The Los Angeles Water Board regulates discharges from medium and large municipal separate storm sewer systems (MS4s) through the Los Angeles County, Long Beach, and Ventura County MS4 Permits. The permit is issued under the National Pollutant Discharge Elimination System (NPDES) Program.

5. Staff Report- State Water Resource Control Board Annual Storm Water Permit February 7, 2023

The Regional Water Quality Control Boards have adopted National Pollutant Discharge Elimination System General Permit (NPDES) storm water permits for municipalities. The permit is issued annually.

STATEMENT OF THE ISSUE
The Public Works Engineering Department received an invoice associated with the City’s enrollment under the MS4 municipal storm water permit program. The Department pays an annual fee to the State Water Resources Control Board for the annual storm water permit pursuant to its enrollment in the MS4 permit program. The annual fees pays for the cost to operate the program, including but not limited to, the issuance, administration, reviewing and enforcement of the storm water permits.

Staff is requesting authorization from the City Council to approve the issuance of a purchase order to the State Water Resources Control Board for the annual storm water permit fees in the amount of $35,333.

FINANCIAL IMPACT
Funds in the amount of $35,333 are available in the Public Works 2022-2023 fiscal year budget in Account No. 1001-710-000-4262.

ALTERNATIVE
There are no viable alternatives.

STAFF RECOMMENDATION
Staff recommends the adoption of the attached resolution.

ALVIN BAUTISTA, P.E., CITY ENGINEER

PUBLIC WORK ENGINEERING 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 A PURCHASE ORDER TO

THE STATE WATER RESOURCES CONTROL BOARD FOR THE ANNUAL
STORM WATER PERMIT FEES ($35,333).

WHEREAS, this resolution authorizes the City Manager to issue a purchase order to the State Water Resources Control Board for the annual storm water permit fees in the amount of $35,333; and
WHEREAS, storm water is defined by U.S. EPA as runoff generated when precipitation from rain and snow melt flow over land or impervious surfaces without percolating into the ground; and
WHEREAS, storm water is often considered a nuisance because it mobilizes pollutants such as motor oil and trash and in most cases, storm water flows directly to water bodies through sewer systems, contributing a major source of pollution to rivers, lakes, and the ocean; and
WHEREAS, the Municipal Storm Water Permitting Program regulates storm water discharges from municipal separate storm sewer systems (MS4) throughout California and the U.S. EPA defines an MS4 as a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curb, gutters, ditches, manmade channels, or storm drains owned or operated by a public entity; and WHEREAS, the Municipal Storm Water Program manages the Phase I Permit Program (serving municipalities over 100,000), the Phase II Permit Program (for municipalities less than 100,000), and the Statewide Storm Water Permit for the State of California Department of Transportation and the State Water Resources Control Board (State Water Board) and Regional Water Quality Control Boards (collectively, the Water Boards) implement and enforce the Municipal Storm Water Program; and WHEREAS, the Los Angeles Water Board regulates discharges from medium and large municipal separate storm sewer systems (MS4s) through the Los Angeles County, Long Beach, and Ventura County MS4 Permits and the permit is issued under the National Pollutant Discharge Elimination System (NPDES) Program; and WHEREAS, the Regional Water Quality Control Boards have adopted the National Pollutant Discharge Elimination System General Permit (NPDES) storm water permits for municipalities and the permit is issued annually; and
WHEREAS, the City of Compton Public Works Engineering Department received an invoice associated with the City of Compton’s enrollment under the MS4 municipal storm water permit program; and
WHEREAS, the Public Works Department pays an annual fee to the State Water Resources Control Board for the annual storm water permit pursuant to its enrollment in the MS4 permit program; and
WHEREAS, the annual fees pays for the cost to operate the program, including but not limited to, the issuance, administration, reviewing and enforcement of the storm water permits; and
WHEREAS, funds in the amount of $35,333 are available in the Public Works 2022-2023 fiscal year budget in Account No. 1001-710-000-4262; and WHEREAS, in order for the City Manager to issue a purchase order in the amount of $35,333 to the State Water Resources Control Board for the annual storm water permit fees, City Council’s authorization is necessary.

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 a purchase order to The State Water Resources Control Board in an amount not to exceed $35,333 for annual storm water permit fees.

SECTION 2. That funds in the amount of $35,333 are available in the Public Works 2022-2023 fiscal year budget in Account No. 1001-710-000-4262.

SECTION 3. That a copy of this Resolution shall be forwarded to the offices of the City Manager, City Clerk, City Controller and Public Works Engineering Department.

SECTION 4. That the Mayor shall sign and the City Clerk shall attest to the adoption of this resolution.

ADOPTED this _________ day of _________________2023.
_________________________________

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, Vernell McDaniel, 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 _________________, 2023.

That said resolution was adopted by the following vote, to wit:

AYES: COUNCIL MEMBERNOES: COUNCIL MEMBERABSENT: COUNCIL MEMBERABSTAIN: COUNCIL MEMBER- ___________________________________

CITY CLERK OF THE CITY OF COMPTON

February 7, 2023
TO: MAYOR AND CITY COUNCIL MEMBERS
FROM: RONERICK SIMPSON, FIRE CHIEF
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON

AUTHORIZING THE CITY MANAGER TO ENTER INTO AN

AGREEMENT WITH THE LOS ANGELES COUNTY FIRE FOUNDATION

AUTHORIZING THE ORGANIZATION TO SERVE AS A FISCAL

SPONSOR ON BEHALF OF THE COMPTON FIRE DEPARTMENT

SUMMARY
Adoption of this resolution will authorize the City Manager to enter into an agreement for one (1) year with the Los Angeles County Fire Foundation (“LACFF” or “Foundation”), an organization which is tax exempt under Section 501(c)(3) of the Internal Revenue Code. The Foundation’s purpose is to provide financial support, tools and equipment, high quality training, education and operational support to local fire agencies at no cost.

BACKGROUND
LACFF supports diversity enhancement programs by donating to community-based programs such as the Stentorians, Women’s Fire League, Asia Pacifica Islanders Firefighters, Bomberos and Junior Lifeguards. The Foundation has also donated to Police and Fire Departments items such as; mechanical CPR machines, iPads, extrication tools, Pick-up trucks, SUV’s, pays for Leadership Development Training and high-quality canine and handler training.

STATEMENT OF ISSUE
The Foundation desires a fiscal sponsor, the Compton Fire Department (“Department”), to receive grants, tax deductible contributions and other revenues (i.e.,”Sponsored Funds”) on the Foundation’s behalf for use in carrying out certain of its charitable activities and programs. The Department desires that the Foundation serve as its fiscal sponsor and the Foundation is willing to serve in that capacity.

The Department can benefit from receiving support via the Los Angeles County Fire Foundation. The foundation has currently identified a pickup truck and other designated funds to enhance Compton Fire Department’s Arson/K9 Program. We will also be requesting additional items in the near future such as a Mechanical CPR Machine to enhance our EMS service to the community.

Staff believes the Department will benefit from the financial support of this Foundation.

6. Staff Report –Los Angeles County Fire Foundation

FISCAL IMPACT
The agreement will have no fiscal impact on the Department or the City of Compton’s Budget. No funds will be directly received by the City of Compton or the Fire Department.

The Compton Fire Department will notify LA County Fire Foundation of its needs and those items will be purchased directly by the Foundation for use by the Department.

ALTERNATIVE
The City Council has the discretion to not approve the authorization to enter into this agreement with the Foundation. If the Council rejects the authorization, the benefits that would otherwise be purchased by the Foundation would have to be purchased or funded by the Department.

RECOMMENDATION
It is recommended that Council adopt the attached resolution.

RONERICK SIMPSON

FIRE CHIEF

APPROVED FOR FORWARDING

THOMAS THOMAS

CITY MANAGER
RESOLUTION NO. ___________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON

AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT

WITH THE LOS ANGELES COUNTY FIRE FOUNDATION AUTHORIZING

THE ORGANIZATION TO SERVE AS A FISCAL SPONSOR ON BEHALF OF

THE COMPTON FIRE DEPARTMENT
WHEREAS, the Los Angeles County Fire Foundation (“LACFF” or “Foundation”) is a tax exempt organization under Section 501(c)(3) of the Internal Revenue Code.

The Foundation’s purpose is to provide financial support, tools and equipment, high quality training, education and operational support to local fire agencies at no cost; and WHEREAS, the foundation supports diversity enhancement programs by donating to community-based programs such as the Stentorians, Women’s Fire League, Asia Pacific Islanders Firefighters, Bomberos and Junior Lifeguards to provide a channel to a career in fire and rescue; and
WHEREAS, LACFF has donated such items as, mechanical CPR machines, iPads, extrication tools, pickup trucks, SUV’s, pays for leadership development training, high-quality canine and handler training to Police and Fire Department agencies; and WHEREAS, the Foundation desires a fiscal sponsor, the Compton Fire Department (“Department”), to receive grants, tax deductible contributions and other revenues (i.e.,”Sponsored Funds”) on the Foundation’s behalf for use in carrying out certain of its charitable activities and programs; and
WHEREAS, the Department desires that the Foundation serve as its fiscal sponsor and the Foundation is willing to serve in that capacity; and WHEREAS, the Los Angeles County Fire Foundation currently has designated funds available for Compton Fire Department Arson/K9 program; and WHEREAS, the foundation has also identified a pickup truck that they would like to donate to the Departments Arson/K9 Program; and
WHEREAS, the Compton Fire Department will also be requesting additional items in the near future from the foundation, in the future such as a Mechanical CPR Machine to enhance our EMS service to the community; and WHEREAS, staff solicited a formal request to enter into an agreement with the Los Angeles County Fire Foundation; and
WHEREAS, staff believe our Department will benefit from the support of this foundation; and
WHEREAS, the agreement will have no fiscal impact on the City of Compton’s budget.

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

Section 1. That the City Manager, upon the approval of the City Attorney, is authorized to enter into a one (1) year agreement with the Los Angeles County Fire Foundation authorizing the organization to serve as a Fiscal Sponsor on behalf of the Compton Fire Department.

Section 2. That a copy of this Resolution shall be filed in the offices of the City Clerk, City Manager, City Controller and the Compton Fire Department.

Resolution No. _______

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

ADOPTED this ___ day of _____________, 2023.
________________________________

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, Vernell McDaniel, City Clerk of the City of Compton, hereby certify that the foregoing Resolution was adopted by the City Council, signed by the Mayor, and attested to by the City Clerk at a regular meeting thereof held on the _______ day of ___________________, 2023
That this Resolution was adopted by the following vote, to wit:

AYES: COUNCIL MEMBER –
NOES: COUNCIL MEMBER –
ABSTAIN: COUNCIL MEMBER –
ABSENT: COUNCIL MEMBER –
____________________________________

CITY CLERK OF THE CITY OF COMPTON
Shop. dine. relax.
1320 N Eastern Ave,
Los Angeles, CA 90063
T: (323) 793-FIRE
supportlacountyfire.org Supporting Those
Who Serve
100 Year Purpose
The Fire Foundation connects and informs
donors. Generous contributions from the
communities and individuals we serve allow
us to transform lives, provide education, and
develop lifesaving innovations.

Continuous Leader
Development
Los Angeles County firefighters and rescue personnel
are credited with over a century of advancing life-saving innovation. From the invention of the rescue tube
by Lifeguard Pete Peterson to the creation of JEMS
(Journal of Emergency Medical Services) by founder
Jim Paige, who served as an battalion chief, public
safety demands continual investment in the development
of tools, systems, and training that benefit emergency
services around the world.

The Foundation provides funding and programming
that strengthens our leaders and connects them
with the resources to better serve you. Our annual
leadership retreat focuses on topics includin crossgenerational communication, conflict management, and formation of leadership think-tanks to advance
ideas. Focus is also given to navigating the balance
of operations with humanity that is required in
high-stakes environments for the benefit of both
the responders and the recipients.

Leadership development programs create a culture of
continuous learning and increase employee productivity, promote better decision making, and build teams
that combine the best of both the hard and soft
skills required to effectively maintain the excellence
that has come to be the hallmark of the Los Angeles
County Fire Department.

Technology Advances
Telemed with Mobile iPads
Due to State regulations, paramedics are not allowed
to assess patients for alternative transports to
such places as urgent care or sobering centers. The
Foundation’s drive to provide optimum care turned
your donations into iPads with software for all 114
paramedic teams onsite to telemedicine with doctors
to determine the appropriate course of care. This
maintained patient care as top priority and significantly reduced unnecessary demand on hospitals.

Water Rescue Enhancements
The Foundation has also financed lifeguard rescue
helmets with waterproof communication. This has
enabled lifeguards to communicate with onshore
rescue personnel resulting in more targeted care
and shorter response time. Our 72 miles of coastline,
including Catalina Island, are also protected
by boat crews whose foul weather gear was 20 years
old, tattered, and unwieldy. The Foundation recently
purchased and distributed $20,000 worth of new,
advanced gear that is serving our rescue personnel well.

Field Initiatives to Implementation
The development of a simple yet innovative “We Hear
You” platform on the Foundation website, allows any
fire personnel or community member to voice needs
or ideas directly to the Foundation Board so that
solutions and funding can be quickly matched.

An example of this “We Hear You Platform” to field
implementation, is the Foundation’s funding of
6 mechanical CPR devices. These devices cost
$30,000 each, yet they have already resulted in the
saving of a life that would have otherwise been
lost if only standard CPR has been used. This device
is put on a patient to provide continuous CPR in a
moving transport while the individual is evaluated and
treated for other life-threatening issues. The Foundation is working with donors to raise funds that will allow us to put a mechanical CPR device on every paramedic unit.

DIVERSITY ENHANCEMENT
Los Angeles County is known for its rich diversity of
cultures. How does this diversity positively influence
the firefighting groups supported by the Foundation?
Asian Pacific Islander Firefighters
Recently formed and initiating program to reach out
to local culture communities.

Stentorians
This cohort of Black firefighters direct communitybased programming for young adults in disadvantaged neighborhoods that lead to careers in the fire service.

Women’s Fire League
Among other initiatives, this league hosts an annual
Girls Fire Camp to introduce young women to,
and mentor them though, the process of becoming
a firefighter.

HOW CAN I HELP?
Donations over $10,000 can be directed to support
specific stations, equipment or programming.

Your donations can be “earmarked” in the Notes
section of the Donations page, or you can make
a “non-restricted” donation that will be used for the
most pressing needs as identified by the Foundation.

Successful Leader
Development
Los Angeles County firefighters and rescue personnel
have a long history of life-saving innovation. From the invention of the modern ambulance to the institution
of EMT’s on fire trucks, our historical capital demands continual investment.

Therefore, we are reinforcing
and building our top and
upcoming leaders through
programs such as
intensive retreats. Topics
include cross-generational
communication, conflict
management, and development of leadership think
tanks to advance ideas.

Additionally, training is provided for high stakes
environments that necessitate strong direction
tempered with humanity for the benefit of both
the responders and the recipients.

TeleMed
With hospital space at a premium during
the pandemic, the Foundation within six
weeks purchased 114 tablets with Internet
for emergency response vehicles. Direct
contact with these “mobile doctors” enabled
smarter transit choices and relieved
demand on hospitals.

We Hear You Page
This Foundation webpage, a simple yet
innovative solution, has given funding to
local firefighter voices by providing a
space to register and address concerns
and recommendations. A recent request
led to the purchase and distribution of
$20,000 worth of foul weather gear to
replace the shared, 20-year-old gear.

Mechanical CPR Device
These $30,000 devices provide consistent
quality CPR in transit and have already
saved at least one life in the vehicle to
which they were deployed. The Foundation
is working towards having at least one
device in every rescue vehicle.

DIVERSITY ENHANCEMENT
Los Angeles County is already known for its rich
diversity of cultures. How does this diversity
positively influence the firefighting world? Groups
within the Foundation include:

Asian Pacific Islander Firefighters
Recently formed and initiating program to reach
out to local culture communities.

Stentorians
African American firefighters running communitybased programs for at-risk children to provide a channel to a career in fire and rescue.

Women’s Fire League
Hosting an annual Girls Fire Camp to introduce
and strengthen the attainability of firefighting
and emergency management professions.

Technology Advances
HOW CAN I HELP?
Your donations can be “earmarked” in the Notes
section of the donation page, or you can make a
“non-restricted” donation that will be used for the
most pressing needs.

What if I want to donate to a specific group
and their work?
Simply note the group’s name in the Notes section
of the donation page. Groups include the following:
• Women’s Fire League
• Stentorians
• Asian Pacific Islanders
• Los Bomberos
• Search and Rescue Dogs
• Junior Lifeguards
1 69053421v1

FISCAL SPONSOR AGREEMENT
This Fiscal Sponsor Agreement (“Agreement”) by and between the LOS ANGELES COUNTY FIRE DEPARTMENT FOUNDATION, a California Nonprofit Public Benefit Corporation (“Fiscal Sponsor”) and the CITY OF COMPTON, a California Contract City (“Sponsored Organization”), is effective as of January 01, 2023.

RECITALS
A. Fiscal Sponsor is tax exempt under Section 501(c)(3) of the Internal Revenue Code (the “Code”). Fiscal Sponsor’s charitable purpose is to provide financial, educational and operational support to the firefighters and programs of the Los Angeles County Fire Department. Fiscal Sponsor enters into this Agreement to further its taxexempt purpose.

B. Sponsored Organization is incorporated City in the State of California.

Sponsored Organization’s charitable purpose is to support programs of the Compton Fire Department, a department of the City of Compton. Sponsored Organization enters into this Agreement to further its tax-exempt purpose.

C. Sponsored Organization desires a fiscal sponsor to receive grants, taxdeductible contributions, and other revenues (“Sponsored Funds”) on its behalf for use in carrying out certain of its charitable activities and programs, as more fully described in Exhibit “A”. Sponsored Organization desires that Fiscal Sponsor serve as its fiscal sponsor, and Fiscal Sponsor is willing to do so.

AGREEMENT
NOW THEREFORE, in consideration of the premises, it is agreed:

1. PROGRAM. Fiscal Sponsor agrees to receive Sponsored Funds on behalf of Sponsored Organization for use in carrying out certain of Sponsored Organization’s charitable activities and programs, as more fully described in Exhibit “A”, which is incorporated herein by reference.

2. TERM. The term of this Agreement shall be for a period of one (1) year from the date above and may be extended annually upon written and mutual agreement of both parties. This Agreement may be terminated by either party (a) with cause immediately upon providing notice (in writing or by email) of such termination and the cause to the other party, or (b) without cause thirty (30) business days after providing notice (in writing or by email) of such termination to the other party. Upon termination, remaining account assets shall be utilized by the Sponsored Organization in alignment with the donors’ intent. Any funds remaining in the restricted account will either be (i) transferred to another fiscal sponsor 501(c)(3) or (ii) granted by Fiscal Sponsor to another 2 69053421v1
501(c)(3) organization in furtherance of the project purposes. In the event a successor cannot be identified within ninety (90) calendar days from the date of request of termination, the remaining restricted funds will be transferred to the Fiscal Sponsor’s general fund or other restricted funds that align with the intent of the funds when raised.

3. DISCLOSURE OF FISCAL SPONSOR. Sponsored Organization shall submit for Fiscal Sponsor’s prior approval, a copy of all written material that identifies Fiscal Sponsor or the Los Angeles County Fire Department and any other relevant material reasonably requested by Fiscal Sponsor.

4. RESTRICTED FUNDS. Fiscal Sponsor shall have complete discretion and control over the Sponsored Funds, but the Sponsored Funds shall be restricted for those charitable purposes consistent with the charitable purposes of the Sponsored Organization.

5. ADMINISTRATION OF FUNDS. Fiscal Sponsor shall administer the receipt of Sponsored Funds from donors and payors and provide Sponsored Organization periodic reports on the balance of such funds.

6. FEES AND COSTS. For the performance of its fiscal sponsor services described herein, Fiscal Sponsor shall retain for its own account ten percent (10%) of the gross amount of the Sponsored Funds. The parties agree that such amount is a fair and reasonable approximation of Fiscal Sponsor’s costs incurred in performing its fiscal sponsor services. Any taxes attributable to the Sponsored Funds shall be payable from the Sponsored Funds.

7. CONTRIBUTIONS. In administering Sponsored Funds, Fiscal Sponsor shall timely send all required acknowledgments to donors of tax-deductible contributions.

Sponsored Organization shall assist Fiscal Sponsor by providing names, addresses and administrative support for these purposes when necessary. Fiscal Sponsor shall include all Sponsored Funds on its tax returns (e.g., IRS Form 990) and Sponsored Organization shall include all funds received from Fiscal Sponsor on its tax returns and City of Compton shall report all Sponsored Funds and Gifts on their Certified Annual Financial Report and all other required government agencies.

8. RECORDS. Sponsored Organization shall keep and maintain accurate and complete records of all Sponsored Funds in accordance with generally accepted accounting principles, showing all assets, liabilities, income, and expenditures associated with such funds. Sponsored Organization shall prepare quarterly and year-end balance sheet and income and expense statements, only as to Sponsored Funds, for delivery to Fiscal Sponsor within thirty (30) days after the close of each period. Fiscal Sponsor, through its authorized representative(s), may inspect at any reasonable time any records related to Sponsored Funds held by Sponsored Organization, and may require Sponsored Organization to turn over any such records.
3 69053421v1

9. INSURANCE. Sponsored Organization is self-insured with at least One Million Dollars in coverage, in addition to any other such insurance as the law may require. The general liability policy shall cover the Sponsored Organization’s activities with Sponsored Funds.

10. LIABILITY. Fiscal Sponsor shall not be liable to Sponsored Organization or third parties for any act or omission of Sponsored Organization. Sponsored Organization shall indemnify, assume the defense of, if requested, and hold harmless Fiscal Sponsor and its directors, officers, employees, and agents from every claim, loss, damage, injury, expense, including, without limitation, attorney’s fees, judgments, and liability of every kind, nature, and description arising in whole or in part from any Sponsored Organization act or omission.

11. WARRANTIES.
(a) Fiscal Sponsor warrants and represents that it is tax exempt under Section 501(c)(3) of the Code, and that it has complied with all statutes of the State of California, and that it has taken all internal acts to authorize it to enter into and consummate this Agreement.
(b) Sponsored Organization warrants and represents that it is a City in good standing and has taken all internal acts to authorize it to enter into and consummate this Agreement, and that it shall not take any action, or fail to act, in any manner that shall jeopardize, or cause, Fiscal Sponsor to lose its 501(c)(3) tax exemption and it shall use all Sponsored Funds in accordance with fiscal sponsors requirements and reporting requirements of Sponsored Organizations Comprehensive Annual Financial Report.

12. NOTICES. Any notices permitted, or required, to be sent pursuant to this Agreement shall be sent to the following email and physical addresses, or any other address of which the other party is notified:

If to Fiscal Sponsor:

Los Angeles County Fire Department Foundation
1320 N. Eastern Ave.

Los Angeles, CA. 90063
Email: [email protected]
If to Sponsored Organization:
______________________
______________________
______________________
Email: ________________

4 69053421v1

13. ENTIRE AGREEMENT. This Agreement contains the entire agreement of the parties hereto, superseding any prior written or oral agreements between them on the same subject manner. Any change, modification, or waiver of this Agreement must be in writing and signed by both parties hereto.

14. ASSIGNMENT. Fiscal Sponsor shall not assign any of its obligations or duties under this Agreement without the prior written consent of Sponsored Organization, which consent shall not be unreasonably withheld. Sponsored Organization shall not assign any of its duties or obligations under this Agreement or under any grant of Sponsored Funds without the prior written consent of Fiscal Sponsor, which consent may be withheld in Fiscal Sponsor’s sole discretion. This Agreement is binding upon and inures to the benefit of the successors and permitted assigns of the parties hereto.

15. GOVERNING LAW. This Agreement shall be governed by, and construed in accordance with, the laws of the State of California.

16. THIRD PARTIES. Nothing in this Agreement shall be construed as giving any person, corporation, or other entity, other than the parties hereto, any right, remedy, or claim under, or in respect of, this Agreement or any part hereof.

17. COUNTERPARTS. This Agreement may be executed in counterparts (including by facsimile, PDF or similar means of electronic communication), each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
[Signature page follows]
5 69053421v1
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first written above.
“FISCAL SPONSOR”

LOS ANGELES COUNTY FIRE DEPARTMENT FOUNDATION,
a California Nonprofit Public Benefit Corporation
By: ___________________________
Name: ___________________________
Its: ___________________________
“SPONSORED ORGANIZATION”

THE CITY OF COMPTON,
a California Contract City
By: ___________________________
Name: ___________________________
Its: ___________________________

SIGNATURE PAGE TO FISCAL SPONSOR AGREEMENT
69053421v1
EXHIBIT “A”

FISCAL SPONSOR PROGRAM BETWEEN

LOS ANGELES COUNTY FIRE DEPARTMENT FOUNDATION
AND

CITY OF COMPTON FIRE DEPARTMENT
Program:

1. The parties shall endeavor to work together to develop and establish policies and procedures that will facilitate collaboration on charitable activities and/or projects with Fiscal Sponsor serving as the fiscal agent of the Sponsored Organization.

Description:

1. Fiscal Sponsor shall establish a committee for the benefit of the Sponsored Organization to develop and operate the Program, all of the decisions and actions of which shall at all times be subject to the approval of the Fiscal Sponsor’s Board of Directors.

2. Fiscal Sponsor shall create a restricted fund designated for the purposes of the Program to hold the Sponsored Funds.

3. The administrative fee as set forth in the Fiscal Sponsor Agreement shall be payable based on the gross amount of the Sponsored Funds.

4. Fiscal Sponsor agrees to market Sponsored Organization’s special events or charitable activities via Fiscal Sponsor’s media channels, including social media platforms and associated networks.

5. Sponsored Organization shall not, without the prior written consent of the Board of Directors of the Fiscal Sponsor, use, in any way, any trademark, logo, copyright, patent, trade secret or other proprietary right or intellectual property of (i) the Fiscal Sponsor, or (ii) the Los Angeles County Fire Department.

February 7, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: CITY MANAGER
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON

AUTHORIZING THE CITY MANAGER TO AMEND THE

CONSTRUCTION CONTRACT WITH AND ESTABLISH A PURCHASE
ORDER FOR HARDY & HARPER, INC. FOR ROAD REPAIR SERVICES CITYWIDE ($320,797.40).

SUMMARY
Adoption of this resolution will authorize the City Manager to amend the construction contract with and establish a purchase order for Hardy & Harper, Inc. (“Hardy & Harper”) for road repair services citywide in the amount of Two Hundred Ninety One Thousand Six Hundred and Thirty Four Dollars ($291,634.00) and authorize a Project Contingency in the amount of Twenty Nine Thousand One Hundred Sixty Three Dollars and Forty Cents ($29,163.40).

BACKGROUND
In 2021, the City of Compton (“City”) performed an update to the Pavement Management System, which identified approximately 144 miles of “Fair” to “Very Poor” condition categories of streets. These findings indicate that proper preventative maintenance is significantly overdue and presents safety and liability concerns to the City.

The Road Repair Services Project consisted of providing road repair services citywide in accordance to the contract specifications and other contract documents. Specifically, the Project consisted of pavement repairs such as slurry seal and grind & overlay rehabilitation methods on distressed areas city-wide.

On March 24, 2021, the Public Works Department solicited Notice of Inviting Bids to contractors for the road repair services citywide. The Project was advertised in the Compton Bulletin and the City’s website on March 24th and March 31st , 2021. Bids were received and opened on April 22nd, 2021. Four (4) bids were received from the following contractors:

Contractors Amount
All American Asphalt $2,325,000
EBS General Engineering $3,147,800
Hardy & Harper, Inc. $2,132,000
Onyx Paving Co. $3,737,000

7. Staff Report – Resolution Authorizing Construction Contract Hardy & Harper –Road Repair Services
February 7, 2023, Page 2 of 3
Based upon review of the submitted bid documents, it was determined that Hardy & Harper submitted the lowest responsive bid.

On April 19, 2022, pursuant to Resolution No. 25,648, City Council approved the Fiscal Year 2021-2022 Street Maintenance and Rehabilitation Program as part of the Citywide Road Repair Service Project. This process approved the list of twenty (20) streets that meet the criteria for grind and overlay rehabilitation methods. Please see the attach list of City Council approved streets.

On May 4, 2021, pursuant to Resolution No. 25,464, City Council authorized the City Manager to enter into a construction contract with Hardy & Harper, Inc. for the Road Repair Services project in the amount of Two Million Three Hundred Forty-Five Thousand and Two Hundred Dollars ($2,345,200).

Pursuant to Resolution No. 25,464, Six Hundred Forty-Three Thousand ($643,000) was allocated in Fiscal Year 2020-2021 with the remaining balance of One Million Seven Hundred and Two Thousand Dollars ($1,702,200) was allocated in Fiscal Year 2021- 2022. Funds were available in June 2022.

Hardy & Harper began construction of the project in July 2022 and completed the construction of 19 of the 20 streets at a total cost of $1,990,556 in August 2022. The only street remaining is Bradfield Avenue from Rosecrans Avenue to Killen Place. There is a remaining balance on the existing contract of only $141,444.

In November 2022, City staff requested Hardy & Harper provide a cost to complete construction on Bradfield. The total cost to complete Bradfield Avenue is $433,078, which left a $291,634 deficit.

STATEMENT OF THE ISSUE
Hardy & Harper and the City of Compton desires to complete Bradfield Avenue this fiscal year. Therefore, in order to authorize the City Manager to amend the construction contract with Hardy & Harper, Inc. (“Hardy & Harper”) for road repair services citywide, establish a purchase order in the amount of Two Hundred Ninety One Thousand Six Hundred and Thirty Four Dollars ($291,634.00) and authorize a Project Contingency in the amount of Twenty Nine Thousand One Hundred Sixty Three Dollars and Forty Cents ($29,163.40), City Council’s authorization is necessary.

FISCAL IMPACT
Funds in the amount of $320,797.40 are available in the Public Works Engineering Department’s Fiscal Year 2022-2023 budget in Account No.1900-710-000-4300.

Staff Report – Resolution Authorizing Construction Contract Hardy & Harper –Road Repair Services
February 7, 2023, Page 3 of 3

ALTERNATIVE
Due to the desire of the City to move completed the Project, no other alternative is being proposed at this time.

RECOMMENDATION
That the City Council adopt the attached Resolution.

ALVIN BAUTISTA, P.E.

CITY ENGINEER
APPROVED FOR FORWARDING:

THOMAS THOMAS

CITY MANAGER
Attachment: List of Streets

CITY OF COMPTON
2021-2022 STREET MAINTENANCE AND REHABILITATION PROGRAM

PHASE I - GRIND & OVERLAY

STREET NAME FROM TO PCI
(PAVEMENT

CONDITION
INDEX)
BURRIS AVENUE ELM STREET PALMER STREET 15
ESSEY AVENUE COMPTON BLVD LAUREL STREET 12
CHESTER AVENUE PALMER STREET ELM STREET 17
WILLOW AVENUE ROSECRANS AVENUE PALMER STREET 12
SPRING STREET COMPTON BOULEVARD PALMER STREET 21

PHASE II - GRIND & OVERLAY

STREET NAME FROM TO PCI
(PAVEMENT

CONDITION
INDEX)
SPRUCE STREET TAJUATA AVENUE N. DWIGHT AVENUE 17
133RD STREET GRANDEE AVENUE WILMINGTON AVENUE 9
133RD STREET GRANDEE AVENUE COMPTON AVENUE 10
134th PLACE WILMINGTON AVENUE GRANDEE AVENUE 18

PHASE III - GRIND & OVERLAY

STREET NAME FROM TO PCI
(PAVEMENT

CONDITION
INDEX)
EZMIRLIAN STREET BRADFIELD AVENUE BULLIS ROAD 20
EZMIRLIAN STREET PANNES AVENUE BRADFIELD AVENUE 20
BRADFIELD AVENUE ROSECRANS AVENUE KILLEN PLACE 22

PHASE IV - GRIND & OVERLAY

STREET NAME FROM TO PCI
(PAVEMENT

CONDITION
INDEX)
WHITEMARSH AVENUE CALDWELL AVENUE GREENLEAF BOULEVARD 24 WASHINGTON AVENUE ALONDRA BOULEVARD CALDWELL STREET 19
BENNETT STREET WILLOWBROOK AVENUE END 16
CLAUDE STREET WILLOWBROOK AVENUE ACACIA STREET 19

PHASE V GRIND & OVERLAY

STREET NAME FROM TO PCI
(PAVEMENT

CONDITION
INDEX)
N. SLATER AVENUE PALMER STREET ELM STREET 10
KEENE AVENUE COMPTON BOULEVARD LAUREL STREET 19
LINSLEY AVENUE HARRIS AVENUE BUTLER AVENUE 7
ACACIA STREET JOHNSON STREET CALDWELL STREET 2

CITY OF COMPTON
2021-2022 STREET MAINTENANCE AND REHABILITATION PROGRAM

RESOLUTION NO. __________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON

AUTHORIZING THE CITY MANAGER TO AMEND THE CONSTRUCTION

CONTRACT WITH AND ESTABLISH A PURCHASE ORDER FOR HARDY
& HARPER, INC. FOR ROAD REPAIR SERVICES CITYWIDE ($320,797.40).

WHEREAS, in 2021, the City of Compton (“City”) performed an update to the Pavement Management System, which identified approximately 144 miles of “Fair” to “Very Poor” condition categories of streets and these findings indicate that proper preventative maintenance is significantly overdue and presents safety and liability concerns to the City; and
WHEREAS, the Road Repair Service Project consisted of providing road repair services citywide in accordance to the contract specifications and other contract documents, specifically, the Project consisted of pavement repairs such as slurry seal and grind & overlay rehabilitation methods on distressed areas; and WHEREAS, on March 24, 2021, the Public Works Department solicited a Notice of Inviting Bids (NIB) to contractors for the road repair services citywide; and WHEREAS, the Project was advertised in the Compton Bulletin and on the City’s website on March 24th and March 31st, 2021 and bids were received and opened on April 22, 2021; and
WHEREAS, four (4) bids were received from the following contractors:

Contractors Amount
All American Asphalt $2,325,000
EBS General Engineering $3,147,800
Hardy & Harper, Inc. $2,132,000
Onyx Paving Co. $3,737,000; and
WHEREAS, based upon review of submitted bid documents, it was determined that Hardy & Harper, Inc. submitted the lowest responsive bid; and WHEREAS, on April 19, 2022, pursuant to Resolution No. 25,648, City Council approved the Fiscal Year 2021-2022 Street Maintenance and Rehabilitation Program as part of the Citywide Road Repair Service Project and this process approved the list of twenty (20) streets that meet the criteria for grind and overlay rehabilitation methods; and WHEREAS, on May 4, 2021, pursuant to Resolution No. 25,464, City Council authorized the City Manager to enter into a construction contract with Hardy & Harper, Inc. for the Road Repair Services project in the amount of Two Million Three Hundred Forty-Five Thousand and Two Hundred Dollars ($2,345,200); and WHEREAS, pursuant to Resolution No. 25,464, Six Hundred Forty-Three Thousand ($643,000) was allocated in Fiscal Year 2020-2021 with the remaining balance of One Million Seven Hundred and Two Thousand Dollars ($1,702,200) was to be allocated in Fiscal Year 2021-2022 and funds were available in June 2022; and WHEREAS, Hardy & Harper began construction of the project in July 2022 and completed the construction of 19 of the 20 streets at a total cost of $1,990,556 in August 2022. The only street remaining is Bradfield Avenue from Rosecrans Avenue to Killen Place. There is a remaining balance on the existing contract of only $141,444.

WHEREAS, In November 2022, City staff requested Hardy & Harper provide a cost to complete construction on Bradfield. The total cost to complete Bradfield Avenue is $433,078, which left a $291,634 deficit; and
Resolution No. __________

WHEREAS, funds in the amount of $320,797.40 are available in the Public Works Engineering Department’s Fiscal Year 2022-2023 budget in Account No.1900-710-000- 4300; and
WHEREAS, Hardy & Harper and the City of Compton desires to complete Bradfield Avenue this fiscal year; and
WHEREAS, in order to authorize the City Manager to amend the construction contract with Hardy & Harper, Inc. (“Hardy & Harper”) for road repair services citywide, establish a purchase order in the amount of Two Hundred Ninety One Thousand Six Hundred and Thirty Four Dollars ($291,634.00) and authorize a Project Contingency in the amount of Twenty Nine Thousand One Hundred Sixty Three Dollars and Forty Cents ($29,163.40), 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, upon the advice of the City Attorney, is hereby authorized to amend the contract with Hardy & Harper, Inc. in the amount of Two Hundred Ninety One Thousand Six Hundred and Thirty Four Dollars ($291,634.00) and authorize a Project Contingency in the amount of Twenty Nine Thousand One Hundred Sixty Three Dollars and Forty Cents ($29,163.40).

SECTION 2. That funds in the amount of $320,797.40 are available in the Public Works Engineering Department’s 2022-2023 Fiscal Year budget in Account No. 1900- 710-000-4300.

SECTION 3. That a purchase order in the amount of 291,634.00 for construction costs is authorized to be established for Hardy & Harper, Inc.

SECTION 4. That a Project Contingency amount of Twenty Nine Thousand One Hundred Sixty Three Dollars ($29,163.40) is hereby authorized.

SECTION 5. 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 6. That the Mayor shall sign and the City Clerk shall attest to the adoption of this Resolution.

ADOPTED this ________ day of ____________, 2023.
________________________________

MAYOR OF THE CITY OF COMPTON
ATTEST:
_____________________________________

CITY CLERK OF THE CITY OF COMPTON
Resolution No. ___________

STATE OF CALIFORNIA

COUNTY OF LOS ANGELES
CITY OF COMPTON: ss
I, Vernell McDaniel, 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 ________________, 2023.

That said Resolution was adopted by the following vote to wit:

AYES: COUNCIL MEMBERSNOES: COUNCIL MEMBERSABSENT: COUNCIL MEMBERSABSTAIN: COUNCIL MEMBERS- _____________________________________

CITY CLERK OF THE CITY OF COMPTON

AMENDMENT
TO

CONSTRUCTION SERVICES AGREEMENT

BETWEEN

CITY OF COMPTON
AND
HARDY & HARPER, INC.
[Road Repair Services – City-Wide Road Repair Services] This AMENDMENT is entered into by and between the CITY OF COMPTON, a municipal corporation of the State of California (hereinafter referred to as “CITY”) and HARDY & HARPER, INC., (hereinafter referred to as “CONTRACTOR”).

RECITALS
WHEREAS, City is a municipal corporation duly organized and validly existing under the law of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of the City; and
WHEREAS, Contractor is a corporation duly organized and in good standing in the State of California. Contractor represents that it is duly licensed by the State of California (License No. 215952) and has the background, knowledge, experience and expertise to perform the obligations set forth in this Contract.

WHEREAS, City and Contractor enter into this Contract for the purpose of retaining Hardy & Harper, Inc. (Contractor) to perform that work required pursuant to the “City-Wide Road Repair Services Project (“Project”).

WHEREAS, Authorization to enter into this Contract is pursuant to Resolution No. 25,464, adopted by the City Council on May 4, 2021.

WHEREAS, there is a need to amend the contract to extend the contract time and increase the contract price in order to complete the Project, anticipated to be 60 working days and an additional amount of $291,634; and

WHEREAS, by Resolution No. _________, adopted on the __ day of _______, 2023, the City Council authorized the City Manager to amend the contract with Hardy & Harper, Inc to extend the term of the contract and increase the contract price.

NOW, THEREFORE, the parties do hereby mutually agree to amend the Construction Services Agreement as follows:

AMENDMENTS

1. The parties agree to amend Section 4.2.1 – Construction Services of the Original Agreement to extend the amount of time for completion of the Work on the CityWide Road Repair Services Project , as more fully Amendment to Construction Services Agreement – Hardy & Harper, Inc.

Road Repair Services – City-Wide Road Repair Services
Resolution No. ______
2 described within the original Agreement, by an additional Sixty (60) working days, effective March 1, 2023, unless the original Agreement and this amendment thereto is terminated as provided for within the original Agreement.

2. The parties agree to amend Section 3.1 – Total Compensation of the original Agreement to provide for additional compensation for the completion of the Work pursuant to the City-Wide Road Repair Services Project as more fully described within the original Agreement, in the amount of Two Hundred Ninety One Thousand Six Hundred and Thirty Four Dollars ($291,634).

3. The above-indicated amendments to the Construction Services Agreement between the parties is based on the proposal identified in the attached Exhibits “A” (Hardy & Harper, Inc. Proposal dated November 29, 2022), which is incorporated herein.

4. Except as provided for above, all other terms and conditions of the original Construction Services Agreement thereto between the City and the Contractor remain in effect.

IN WITNESS WHEREOF, the authorized representatives of the parties have executed this AMENDMENT to the above-identified CONSTRUCTION SERVICES AGREEMENT.

HARDY & HARPER, INC.

By __________________________________ Dated: ______________ Michael Murray, Vice President

CITY OF COMPTON
Recommended for Approval:

By ___________________________________ Dated: ______________ Alvin Bautista, P.E., City Engineer
Public Works Engineering Department
Approved by:

Dated: ________________ By ________________________________ Thomas Thomas, City Manager
Amendment to Construction Services Agreement – Hardy & Harper, Inc.

Road Repair Services – City-Wide Road Repair Services
Resolution No. ______
3 Approved as to form:

By _______________________________ Dated: ________________ Eric J. Perrodin, City Attorney
ATTEST:

Dated: __________________ By______________________________ Vernell McDaniels, City Clerk
Hardy and Harper, Inc.
32 Rancho Cir Lake Forest, Ca 92630
Office (714) 444-1851 Fax (714) 444-2801
City of Compton
Bradfield Avenue AC Repairs
Rosecrans to Killen
ATTN:
[email protected]
ITEM

NUMBER DESCRIPTION CONTRACTQUANTITY
UNIT

MEASURE
Bid Proposal
1 Grind and Overlay Square Yardage 2" 10,795 SY
2 Grind and Overlay Tonnage 2" 1,250 TNS
3 Striping 1 LS

ENGINEERING CONTRACTORS
STATE LICENSE #215952

PROPOSAL
DATE 29-Nov-22
JOB LOCATION Compton

QUANTITY OR
% PREVIOUS

QUANTITY OR
% THIS

ESTIMATE

UNIT PRICE AMOUNT

THIS ESTIMATE
TOTAL

QUANTITY
OR % TO DATE

TOTAL AMOUNT

TO DATE
- 10,795 $ 28.40 $ 306,578.00 10,795.00 $ 306,578.00
1,250 $ 98.40 $123,000 1,250.00 $ 123,000.00
- 1 $ 3,500.00 $ 3,500.00 1.00 $ 3,500.00
SUB-TOTALPG1 $ 433,078.00 $ 433,078.00
LESS RETENTION $ - $ -
LESS BILLING(S) $ -
TOTAL AMOUNT DUE $ 433,078.00 $ 433,078.00