Compton City Council
February 14, 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
02/14/2023
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
2/14/2023 5:30 PM

CLOSED SESSION

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

OPENING
PUBLIC MEETING – 5:30 P.M

REPORT ON CLOSED SESSION ACTION(S)

PUBLIC COMMENTS ON AGENDA ITEMS AND NON-AGENDA MATTERS

REGULAR AGENDA

REPORTS OF OFFICERS, BOARDS, COMMISSIONS AND COMMITTEES AND

CITY COUNCIL

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

BOARDS/COMMISSIONS AND COMMITTEES
COMMISSION ON AGING - District 2 Councilmember Spicer,
District 3 Councilmember Bowers, District 4 Councilmember Darden, Mayor Sharif (1 Appointment each)
BEAUTIFICATION COMMISSION - District 2 Councilmember
Spicer, District 3 Councilmember Bowers, District 4 Councilmember Darden, Mayor Sharif (1 Appointment each)

NEW BUSINESS

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

AUTHORIZING THE CITY MANAGER TO ISSUE A PURCHASE ORDER TO

WILLDAN FINANCIAL SERVICES TO CONDUCT A USER FEE CPI (CONSUMER POST INDEX) UPDATE ($5,000)

3. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AMENDING THE FIRE DEPARTMENT'S 2022-2023 FISCAL YEAR BUDGET TO

TRANSFER FUNDS AND AUTHORIZING THE CITY MANAGER TO ISSUE

PURCHASE ORDERS TO SOUTH COAST EMERGENCY VEHICLE SERVICE (PIERCE) AND WILLIAM KALVIKOV DBA FIRE APPARATUS SOLUTIONS FOR

MAINTENANCE AND REPAIRS OF EMERGENCY FIRE APPARATUS
($100,000.00)
-3- City Council Agenda
2/14/2023 5:30 PM

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

AUTHORIZING THE CITY MANAGER TO ENTER INTO A FUNDING

AGREEMENT BETWEEN THE CITY OF COMPTON AND THE LOS ANGELES

COUNTY METROPOLITAN TRANSPORTATION AUTHORITY (LACMTA) FOR

OPERATING ASSISTANCE FOR THE COMPTON RENAISSANCE TRANSIT

PEAK HOUR ENHANCEMENT

5. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AMENDING THE 2022-2023 BUDGET TO TRANSFER FUNDS AND

AUTHORIZING A PURCHASE ORDER WITH THE JANKOVICH COMPANY TO

PROVIDE DIESEL FUEL, MOTOR COOLANT AND MOTOR LUBRICANTS FOR THE COMPTON FIRE DEPARTMENT (80,000)

COUNCIL COMMENTS

ADJOURNMENT
NEXT REGULAR MEETING: 2/21/2023 5:30PM
Visit our website at http://www.comptoncity.org
February 14, 2023
TO: HONORABLE MAYOR AND 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 WILLDAN FINANCIAL SERVICES TO CONDUCT A USER FEE CPI (CONSUMER POST INDEX) UPDATE ($5,000)

SUMMARY
Adoption of this resolution will authorize the City Manager to issue a purchase order to Willdan Financial Services to conduct a User Fee CPI (Consumer Post Index) update in the amount of ($5,000).

BACKGROUND
On October 10, 2017, the City Council adopted Resolution No. 24,668, which adopted a Master Fee Schedule for services and facility rental fees and charges provided by the City. The current user fees which were adopted in 2017 have not been increased by a CPI factor since adoption.

Willdan Financial Services will obtain and review relevant documentation to refresh understanding of the services, fees, escalation factors and rates to be updated. A written request for data will be sent to the City, if necessary. In addition, updated information will be requested and documentation on current fees and fee programs, activity levels, and budget and staffing information related specifically to programs and activities which have associated fees, and for which the City has this level of detail.

Willdan Financial Services will also identify and resolve policy issues typically raised by a fee update, address gaps in data, and refine any data needs. Based on information gathered previously and building on the model and analysis developed in the previous study, this task involves the gathering of specific information, directly from City staff, to adjust the fees based the previously approved CPI factor.

Willdan Financial Services will develop and test the updated fee exhibit and prepare and present a final updated fee exhibit to City Council for review and adoption.

STATEMENT OF THE ISSUE
Willdan Financial Services has reached the $25,000 authorized expenditure threshold for Fiscal Year 2022-2023. In order for the City Manager to exceed the $25,000 expenditure threshold and issue a purchase order to this vendor, City Council approval is needed.

2. Staff Report Willdan Financial Services-User Fee CPI Update February 14, 2023

FISCAL IMPACT
The funding is available in the 2022-2023 Adopted Fiscal Year Budget for this expenditure in the City Manager’s account 1001-510-000-4269.

RECOMMENDATION
Staff recommends the adoption of the attached Resolution authorizing the City Manager to issue a purchase order to Willdan Financial Services for an amount not to exceed $5,000.

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

WILLDAN FINANCIAL SERVICES TO CONDUCT A USER FEE CPI
(CONSUMER POST INDEX) UPDATE ($5,000)
WHEREAS, adoption of this resolution will authorize the City Manager to issue a purchase order to Willdan Financial Services to conduct a User Fee CPI (Consumer Post Index) update in the amount of ($5,000); and
WHEREAS, on October 10, 2017, the City Council adopted Resolution No. 24,668, which adopted a Master Fee Schedule for services and facility rental fees and charges provided by the City. The current user fees which were adopted in 2017 have not been increased by a CPI factor since adoption; and
WHEREAS, Willdan Financial Services will obtain and review relevant documentation to refresh understanding of the services, fees, escalation factors and rates to be updated. A written request for data will be sent to the City, if necessary. In addition, updated information will be requested and documentation on current fees and fee programs, activity levels, and budget and staffing information related specifically to programs and activities which have associated fees, and for which the City has this level of detail; and
WHEREAS, Willdan Financial Services will also identify and resolve policy issues typically raised by a fee update, address gaps in data, and refine any data needs. Based on information gathered previously and building on the model and analysis developed in the previous study, this task involves the gathering of specific information, directly from City staff, to adjust the fees based the previously approved CPI factor; and WHEREAS, Willdan Financial Services will develop and test the updated fee exhibit and prepare and present a final updated fee exhibit to City Council for review and adoption; and
WHEREAS, Willdan Financial Services has reached the $25,000 authorized expenditure threshold for Fiscal Year 2022-2023. In order for the City Manager to exceed the $25,000 expenditure threshold and issue a purchase order to this vendor, City Council approval is needed.

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

Section 1. That the City Manager, on the advice and approval of the City Attorney is hereby authorized to issue a purchase order to Willdan Financial Services to conduct a User Fee CPI (Consumer Post Index) update in the amount of ($5,000).

Section 2. That funds are available in the 2022-2023 Adopted Fiscal Year Budget for this expenditure in the City Manager’s Account No. 1001-510-000-4269.

Section 3. That a copy of this Resolution shall be filed in the office of the City Manager, City Controller, City Clerk, City Attorney and Community Development Department.

Section 4. That the Mayor shall sign and the City Clerk shall attest to the adoption of this Resolution.

RESOLUTION NO. _____________
ADOPTED this ______________ day of ______________, 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 said Resolution was adopted by the following vote, to wit:

AYES: COUNCIL MEMBER(S)
NOES: COUNCIL MEMBER(S)
ABSTAIN: COUNCIL MEMBER(S)
ABSENT: COUNCIL MEMBER(S)
____________________________________

CITY CLERK OF THE CITY OF COMPTON
T 951.587.3500 ▪ 800.755.6864 | F 951.587.3510 ▪ 888.326.6864 | 27368 Via Industria, Suite 200, Temecula, CA 92590 | www.willdan.com 1 January 31, 2023
Mr. Thomas Thomas
City Manager
City of Compton
205 South Willowbrook
Compton, CA 90220
Re: Proposal to Conduct a User Fee CPI Update
Dear Mr. Thomas:

Willdan Financial Services (“Willdan”) is pleased to submit the following proposed scope of services and budget to conduct a User Fee CPI Update (“City”). Willdan understands that the current user fees were adopted in 2018 and have not been increased by a CPI factor since adoption.

Scope of Services
Our proposed work plan, described in detail by task, is provided below. We explain how each task will be accomplished and identify associated meetings and deliverables. We want to ensure our scope provides quality and clarity and is responsive to the City’s needs and specific local circumstances. We will work in concert with the City to adjust the scope as needed during the course of the study.

Please note that this scope and fee proposal does not include revisions to existing timetable data for the User Fee Report.

We can assist with updates to the timetable data for an additional fee.

User Fee CPI Update
Task 1: Initial Document Request
Objective: Initial due diligence; obtain study-related data.

Description: We will obtain and review relevant documentation to refresh our understanding of the services, fees, escalation factors and rates to be updated. A written request for data will be sent to the City, if necessary.

We will request updated information and documentation on current fees and fee programs, activity levels, and budget and staffing information (to the extent not already available) related specifically to programs and activities which have associated fees, and for which the City has this level of detail.

Deliverables: Willdan: Submit information request to City.

City: Provide requested data to Willdan (prior to Task 2, Kick-off Meeting/Refine Scope). We will follow up with the City to confirm receipt of requested data and information and highlight data elements that are outstanding.

Task 2: Kick-off/Refine Scope
Objective: Identify and resolve policy issues typically raised by a fee update, address gaps in data, and refine any data needs (based on Task 1).

Description: Verify our understanding of the City’s goals, the City’s cost-recovery policy for user fees, and to fill any gaps in data/information necessary for the project. It is important for the City and Willdan to identify and address any foreseeable problems and maintain open communication throughout the process.

During this discussion, we will ask that the City identify a project manager who will serve as the primary contact for the project. The project manager shall have responsibility for ensuring that all available data is provided in a timely manner, thereby maintaining adherence to the project’s schedule.

User Fee CPI Update 2
City of Compton, CA
Meetings: One (1) project kick-off conference call to initiate the entire project, discuss any additional data needs and address policy issues.

Deliverables: Willdan: 1) Revised project scope and schedule (if needed); and 2) brief summary of policy decisions (if needed).

City: 1) Provide further data needs; and 2) determine/introduce City’s project manager.

Task 3: Develop Consumer Price Index Increase Model
Objective: Develop a model and analysis to calculate appropriate CPI increase.

Description: Based on information gathered previously and building on the model and analysis developed in the previous study, this task involves the gathering of specific information, directly from City staff, to adjust the fees based the previously approved CPI factor.

The model and methodology will produce maximum fee levels and fully loaded hourly billing rates for City staff positions suitable for a variety of uses, including billing to CIP projects.

Meetings: Conference calls with City staff to understand structure and operations of the model.

Deliverables: Willdan: One (1) CPI increase calculation component, in Microsoft Excel format that provides a ceiling for all relevant user fees.

Task 4: Develop Updated Fee Exhibit
Objective: Develop and test the updated fee exhibit.

Description: This task involves the development of a modified fee exhibit for adoption by the City Council.

City staff and/or the City Council may choose not to increase fees to the full amount authorized by the previous fee study.

Deliverables: Willdan: One (1) model in Microsoft Excel and PDF format for attachment to a City resolution updating the rates with CPI factors.

Task 5: Prepare and Present Final Exhibit
Objective: Prepare and present final updated fee Exhibit to City Council.

Description: Based on staff comments received regarding the draft exhibit, we will prepare the final exhibit for presentation.

Meetings: One (1) meeting with City Council to present the results.

Deliverables: Final fee exhibit incorporating preferred fee increases for Council Agenda and Staff Report.

User Fee CPI Update 3
City of Compton, CA
Budget
Willdan will perform the previously described tasks for the lump sum fee of $5,000. ▪ Telephone conference calls are not considered meetings and are not limited by our proposal. ▪ Additional services may be authorized by the City and will require an additional fee. ▪ If the City wishes for Willdan to attend additional meetings, the fee is estimated to be $1,850 per meeting, but will be billed based on our current hourly rate including travel time plus travel expenses. ▪ We will invoice the City monthly based on percentage of project completion. ▪ The City shall reimburse Willdan for any costs incurred, including without limitation, copying costs, digitizing costs, travel expenses, employee time and attorneys' fees, to respond to the legal process of any governmental agency relating to the City or relating to the project. Reimbursement shall be at Willdan’s rates in effect at the time of such response.

Additional Services
Additional services may be authorized by the City and will be billed at our then-current hourly overhead consulting rates.

Our current hourly rates are:

Willdan Financial Services
Hourly Rate Schedule
Position Team Member Hourly Rate
Group Manager Chris Fisher $250
Managing Principal Mike Medve $240
Principal Consultant Bob Quaid $210
Senior Project Manager $185
Project Manager $165
Senior Project Analyst $135
Senior Analyst Priti Patel $125
Analyst II $110
Analyst I $100
We look forward to the opportunity to continue to serve the City of Compton. If you wish to discuss any aspect of this proposal, please contact me directly at (951) 587-3575, via email at [email protected].

Sincerely,

WILLDAN FINANCIAL SERVICES
Mike Medve
Principal Consultant
February 14, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: COMPTON FIRE DEPARTMENT
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AMENDING THE FIRE DEPARTMENTS’ 2022-2023 FISCAL YEAR

BUDGET TO TRANSFER FUNDS AND AUTHORIZING THE CITY

MANAGER TO ISSUE PURCHASE ORDERS TO SOUTH COAST

EMERGENCY VEHICLE SERVICE (PIERCE) AND WILLIAM KALVIKOV

DBA FIRE APPARATUS SOLUTIONS FOR MAINTENANCE AND
REPAIRS OF EMERGENCY FIRE APPARATUS ($100,000.00)

SUMMARY
The adoption of this resolution will amend the Fire Departments’ 2022-2023 Fiscal Year budget to transfer funds between accounts and authorize the City Manager to issue purchase orders with South Coast Emergency Vehicle Service and William Kalvikov DBA Fire Apparatus Solutions for the additional maintenance and repair services of the Compton Fire Department’s emergency apparatus in the amount not to exceed One Hundred Thousand One Dollars and Zero Cents ($100,000.00)

BACKGROUND
The City of Compton’s (”City”) fire engines were purchased in 2005 and one engine recently purchased in 2019 and due to the high volume of emergency responses as well as the conditions of the City streets, the cost of repairs are increasing.

Annual apparatus maintenance and repair for the Compton Fire Department’s (“Department”) emergency vehicles are essential for the safe and efficient emergency response and operation. The Department performs routine apparatus and equipment inspections on all apparatus daily to ensure that preventive maintenance guidelines are adhered to and that there are no defects with reference to fire engine operations.

Furthermore, all vehicles are required to meet the Department of Transportation and California Highway Patrol regulatory statutes concerning emergency vehicles.

Last year, the Department solicited and received three (3) bids from the following vendors for maintenance and repair services at the listed hourly labor rates: (i) South Coast Emergency Vehicle Service (“South Coast”) ($105.00/hour); (ii) William Kalvikov dba Fire Apparatus Solutions ($98.00/hour); (iii) Bit Pros Fire Service ($140.00/hour). The Department determined that South Coast and William Kalvikov dba Fire Apparatus Solutions were the lowest and most responsive to the needs of the Department.

3. South Coast Emergency Vehicle Service & William
Kalvikov DBA Fire Apparatus Solutions Staff Report
February 14, 2023, page 2

STATEMENT OF ISSUE
On September 6, 2022 the City Council adopted Resolution No. 25,715 to approve the Departments’ use of South Coast, at a labor rate of $105.00 per hour and William Kalvikov DBA Fire Apparatus Solutions, at a labor rate of $98.00 per hour to perform the maintenance and repair of emergency fire apparatus and issued a purchase order in the amount of $100,000 to South Coast and William Kalvikov DBA Fire Apparatus Solutions.

The Department has exhausted the current purchase order and is in need of an additional purchase order to pay for maintenance and repairs.

Staff is recommending that the Department continue to use South Coast Emergency Vehicle Service and William Kalvikov DBA Fire Apparatus Solutions for its maintenance and repair of emergency fire apparatus. The City has no vendor in the City boundaries that provide maintenance and repairs for emergency fire apparatus.

City Council approval is needed because the expenditure is in excess of $25,000.00 Dollars.

FISCAL IMPACT
The estimated cost for maintenance and repairs to the Departments’ emergency fire apparatus for the remainder of Fiscal Year 2022-2023 is One Hundred Thousand Dollars and Zero Cents ($100,000.00). The Department’s 2022-2023 Fiscal Year budget will need to be amended to transfer funds between accounts as follows:

From: Description Amount
1001-690-000-4238 Special Projects $100,000.00
To: Description Amount
1001-690-000-4229 Automotive Repairs $49,146.00
After the proposed transfer, the funds will be paid from:

Account No. Description Amount
1001-690-000-4229 Automotive Repairs $49,146.00
South Coast Emergency Vehicle Service & William
Kalvikov DBA Fire Apparatus Solutions Staff Report
February 14, 2023, page 3

RECOMMENDATION
Staff recommends that Council adopt the attached Resolution.

RONERICK SIMPSON

FIRE CHIEF

APPROVED FOR FORWARDING

THOMAS THOMAS

CITY MANAGER
RESOLUTION NO. ___________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AMENDING THE FIRE DEPARTMENTS’ 2022-2023 FISCAL YEAR BUDGET TO TRANSFER

FUNDS AND AUTHORIZING THE CITY MANAGER TO ISSUE PURCHASE ORDERS

TO SOUTH COAST EMERGENCY VEHICLE SERVICE (PIERCE) AND WILLIAM

KALVIKOV DBA FIRE APPARATUS SOLUTIONS FOR MAINTENANCE AND REPAIRS OF EMERGENCY FIRE APPARATUS ($100,000.00)
WHEREAS, the annual apparatus maintenance and repairs for the Compton Fire Department’s (“Department”) emergency vehicles are essential for safe and efficient emergency response and operation; furthermore, all vehicles are required to meet the Department of Transportation and California Highway Patrol regulatory statutes concerning emergency vehicles; and
WHEREAS, the City’s fire engines and trucks are experiencing a higher level of repairs and maintenance due to the high volume of emergency responses and the City Streets in need of repair, the overall repair costs are increasing; and WHEREAS, staff currently uses South Coast Emergency Vehicle Service and William Kalvikov DBA Fire Apparatus Solutions for its maintenance and repair services for emergency fire apparatus, however, the Department has exhausted the current purchase order and are in need of an additional purchase order to pay for emergency repairs; and
WHEREAS, last year, the Department solicited and receive three (3) bids from the following vendors: South Coast Emergency Vehicle Service (Pierce) (“South Coast”) ($105.00 per hour) William Kalvikov dba Fire Apparatus Solutions ($98.00 per hour), Bit Pros Fire Service.($140.00 per hour); and
WHEREAS, Staff is requesting the authority to continue to use South Coast Emergency Vehicles and William Kalvikov DBA Fire Apparatus Solutions for its maintenance and repair of emergency fire apparatus. This will allow the Department to have a quicker turnaround time for the emergency fire apparatus from being out of service. The City has no vendor in the City boundaries that provide maintenance and repairs for emergency fire apparatus; and
WHEREAS, on September 6, 2022, the City Council adopted Resolution No. 25,715 to approve the Department’s use of South Coast, at a labor rate of $105.00 per hour and William Kalvikov DBA Fire Apparatus Solutions, at a labor rate of $98.00 per hour to perform the maintenance and repair of emergency fire apparatus and issued a purchase order in the amount of $100,000.00 to South Coast; and WHEREAS, the Department has exhausted the current purchase orders and is need of an additional purchase orders to pay for maintenance and repairs; and WHEREAS, Staff is recommending that the Department continues to use South Coast Emergency Vehicle Service (Pierce) and William Kalvikov DBA Fire Apparatus Solutions for its maintenance and repair of emergency fire apparatus. The City has no vendor in the City boundaries that provide maintenance and repairs for emergency fire apparatus; and
WHEREAS, the estimated cost for maintenance and repairs to the Department’s emergency fire apparatus for the remainder of Fiscal Year 2022-2023 is One Hundred Thousand Dollars and Zero Cents ($100,000.00); and
WHEREAS, Staff is requesting to amend the Departments’ 2022-2023 Fiscal Year budget to transfer funds between accounts as follows:

Resolution No. _____________

From: Description Amount
1001-690-000-4238 Special Projects $100,000.00
To: Description Amount
1001-690-000-4229 Automotive Repairs $100,000.00
WHEREAS, in order to amend the Department’s 2022-2023 Fiscal Year budget to issue a purchase order to South Coast Emergency Vehicle Service (Pierce) and William Kalvikov DBA Fire Apparatus Solutions in the amount of One Hundred Thousand Dollars and Zero Cents ($100,000.00), City Council’s authorization is required; and
WHEREAS, funds in the amount of One Hundred Thousand Dollars and Zero Cents ($100,000.00), will be available for this expenditure in the following account no:

Account No. Description Amount
1001-690-000-4229 Automotive Repairs $100,000.00

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

Section 1. That the Fire Departments’ 2019-2020 Fiscal Year budget shall be amended to transfer funds between accounts as follows:

From: Description Amount
1001-690-000-4238 Special Projects $100,000.00
To: Description Amount
1001-690-000-4229 Automotive Repairs $100,000.00
Section 2. That the funds for this expenditure will be available in the Fire Department’s 2022-2023 Fiscal Year budget in Account No. 1001-690-000-4229.

Section 3. That a copy of this Resolution shall be filed in the offices of the City Manager, City Attorney, City Controller, City Clerk and the Fire Department.

Section 4. That the Mayor shall sign and the City Clerk shall attest to the adoption of this Resolution.

ADOPTED this ___ day of _____________, 2023
________________________________

MAYOR OF THE CITY OF COMPTON
Resolution No. _____________

ATTEST:
____________________________________

CITY CLERK OF THE CITY OF COMPTON

STATE OF CALIFORNIA

COUNTY OF LOS ANGELES
CITY OF COMPTON: ss
I, Vernel 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
February 14, 2023
TO: MAYOR AND CITY COUNCIL
FROM: CITY MANAGER
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

COMPTON AUTHORIZING THE CITY MANAGER TO ENTER

INTO A FUNDING AGREEMENT BETWEEN THE CITY OF

COMPTON AND THE LOS ANGELES COUNTY METROPOLITAN

TRANSPORTATION AUTHORITY (LACMTA) FOR OPERATING

ASSISTANCE FOR THE COMPTON RENAISSANCE TRANSIT

PEAK HOUR ENHANCEMENT

SUMMARY
Adoption of this resolution will authorize the City Manager to enter into a Funding Agreement between the City of Compton and the Los Angeles County Metropolitan Transportation Authority (LACMTA) for operating assistance for the Compton Renaissance Transit Peak Hour Enhancement.

BACKGROUND
On May 25, 2006, the LACMTA Board adopted a resolution declaring LACMTA to be the designated recipient for formula funds from the Federal Transit Administration (FTA) Section 5316 Job Access and Reverse Commute (JARC) Program Funds.

Pursuant to the LACMTA Board action of May 25, 2006, the LACMTA Chief Executive Officer (CEO) or his/her designee is authorize to enter into agreements with interested cities and local agencies in Los Angeles County for LACMTA in its role as the Designated Recipient for Section 5316 JARC grant funds (the “Federal Funds”).

In January 2017, the Board approved the competitive FY 2017 solicitation process for FTA Sections 5310, 5316 and 5317. This included repurposed Section 5316 JARC and Section 5317 New Freedom funds previously approved for agencies from older grants that later indicated they would not implement their projects or did not need their full grant award. The City originally applied for the Section 5316 JARC funds and was awarded $192,174 in operating funds. The Section 5316 funds seek to improve access to transportation services to employment and employment related activities for welfare recipients and eligible low-income individuals.

4. Staff Report – Resolution Authorizing Funding Agreement Los Angeles County Metropolitan Transportation Authority Operating Assistance for the Compton Renaissance Transit Peak Hour Enhancement February 14, 2023, Page 2 of 3

On July 27, 2017 the LACMTA Board authorized the LACMTA Chief Executive Officer (CEO) or his designee to negotiate and execute Agreements with agencies as subrecipients and approved the application and award of $192,174 to the City for operating assistance for the Compton Renaissance Transit Peak Hour Enhancement. (the “Project”), FTIP #LA9918939.

The JARC grant which was the source of the repurposed funds did not name the City as a subrecipient, and due to FTA restrictions on lapsing funds could not be amended. To resolve the problem, LACMTA exchanged the Federal Funds with Local Proposition C 40% funds (Prop C 40%) and applied the Federal Funds to an eligible LACMTA project. This exchanged was approved by the LACMTA Board on January 24, 2019. This is a one-time grant and does imply or obligate any future funding commitment on the part of LACMTA.

The terms of the Funding Agreement shall commence on the date of the LACMTA’s CEO or his/her designee’s signature and shall terminate three years after the Effective Date of the Agreement.

STATEMENT OF ISSUE
In December 2017, the City was awarded Section 5316 Job Access and Reverse Commute (JARC) Program Funds in the amount of $192,174. The program seeks to improve access to transportation services to employment and employment related activities for welfare recipients and eligible low-income individuals by expanding its transit peak service hours.

On December 10, 2019, pursuant to Resolution No. 25,172, City Council authorized the City Manager to enter into a 3-year fixed route transit service agreement with MV Transportation to include the new proposed schedule of 12 hours/day (6:00 am – 6 pm, Monday – Friday) in compliance with the operating assistance for the Compton Renaissance Transit Peak Hour Enhancement Program Funds.

In March 2022, the City implemented the Compton Renaissance Transit Peak Hour Expansion project. The project consisted of providing operating assistance of the Compton Renaissance Transit’s five (5) fixed routes by expanding its Monday through Friday operating hours for two years by an additional 4.5 hours during peak hour service.

As a result, 1.5 peak hours was added in the morning and 3.0 hours was added in the evening which expanded the peak hour service to and from regional transportation services, downtown, colleges, universities, job centers, and medical facilities by an additional 4.5 hours during peak periods. By extending the hours during peak periods, fixed route services will improve within the City of Compton as well as with additional service outside of the city including:

Staff Report – Resolution Authorizing Funding Agreement Los Angeles County Metropolitan Transportation Authority Operating Assistance for the Compton Renaissance Transit Peak Hour Enhancement February 14, 2023, Page 3 of 3

California State University of Dominquez Hills, Martin Luther King Jr. Outpatient Centers, and various job centers totaling 5,500 hours annually. The expanded service is currently operating Monday through Friday from 6:00 am to 6:00 p.m.

Therefore, in order to authorize the City Manager to enter into a Funding Agreement between the City of Compton and the Los Angeles County Metropolitan Transportation Authority (LACMTA) for operating assistance for the Compton Renaissance Transit Peak Hour Enhancement, City Council’s authorization is necessary.

ALTERNATIVE
There are no other alternatives being recommended at this time. The City desires to be reimbursed reduce delays and improve the traffic operation by implementing geometric improvements while minimizing impacts to the surrounding area.

FISCAL IMPACT
The City will be eligible to receive a one-time grant reimbursement in amount of $192,174 from LACMTA.

RECOMMENDATION
Staff recommends the City Council adopt the attached Resolution.

ALVIN BAUTISTA, P.E.

CITY ENGINEER
APPROVED FOR FORWARDING:

THOMAS THOMAS

CITY MANAGER
RESOLUTION NO.___________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON

AUTHORIZING THE CITY MANAGER TO ENTER INTO A FUNDING

AGREEMENT BETWEEN THE CITY OF COMPTON AND THE LOS

ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY
(LACMTA) FOR OPERATING ASSISTANCE FOR THE COMPTON

RENAISSANCE TRANSIT PEAK HOUR ENHANCEMENT PROGRAM
FUNDS
WHEREAS, adoption of this resolution will authorize the City Manager to enter into a Funding Agreement between the City of Compton and the Los Angeles County Metropolitan Transportation Authority (LACMTA) for the Compton Renaissance Transit Peak Hour Enhancement Program Funds; and
WHEREAS, on May 25, 2006, the LACMTA Board adopted a resolution declaring LACMTA to be the designated recipient for formula funds from the Federal Transit Administration (FTA) Section 5316 Job Access and Reverse Commute (JARC) Program Funds; and
WHEREAS, pursuant to the LACMTA Board action of May 25, 2006, the LACMTA Chief Executive Officer (CEO) or his/her designee is authorize to enter into agreements with interested cities and local agencies in Los Angeles County for LACMTA in its role as the Designated Recipient for Section 5316 JARC grant funds (the “Federal Funds”); and
WHEREAS, in January 2017, the Board approved the competitive FY 2017 solicitation process for FTA Sections 5310, 5316 and 5317 and this included repurposed Section 5316 JARC and Section 5317 New Freedom funds previously approved for agencies from older grants that later indicated they would not implement their projects or did not need their full grant award; and WHEREAS, the City originally applied for the Section 5316 JARC funds and was awarded $192,174 in operating funds and the Section 5316 funds seek to improve access to transportation services to employment and employment related activities for welfare recipients and eligible low-income individuals; and WHEREAS, on July 27, 2017 the LACMTA Board authorized the LACMTA Chief Executive Officer (CEO) or his designee to negotiate and execute Agreements with agencies as subrecipients and approved the application and award of $192,174 to the City for operating assistance for the Compton Renaissance Transit Peak Hour Enhancement. (the “Project”), FTIP #LA9918939; and
WHEREAS, the JARC grant which was the source of the repurposed funds did not name the City as a subrecipient, and due to FTA restrictions on lapsing funds could not be amended; and
WHEREAS, to resolve the problem, LACMTA exchanged the Federal Funds with Local Proposition C 40% funds (Prop C 40%) and applied the Federal Funds to an eligible LACMTA project.; and
WHEREAS, this exchanged was approved by the LACMTA Board on January 24, 2019. This is a one-time grant and does imply or obligate any future funding commitment on the part of LACMTA; and
WHEREAS, the terms of the Funding Agreement shall commence on the date of the LACMTA’s CEO or his/her designee’s signature and shall terminate three years after the Effective Date of the Agreement; and
Resolution No. ___________

WHEREAS, in December 2017, the City was awarded the Section 5316 Job Access and Reverse Commute (JARC) Program Funds in the amount of $192,174. The program seeks to improve access to transportation services to employment and employment related activities for welfare recipients and eligible low-income individuals by expanding its transit peak service hours; and
WHEREAS, on December 10, 2019, pursuant to Resolution No. 25,172, City Council authorized the City Manager to enter into a 3-year fixed route transit service agreement with MV Transportation to include the new proposed schedule of 12 hours/day (6:00 am – 6 pm, Monday – Friday) in compliance with the operating assistance for the Compton Renaissance Transit Peak Hour Enhancement Program Funds; and
WHEREAS, in March 2022, the City implemented the Compton Renaissance Transit Peak Hour Expansion project. The project consisted of providing operating assistance of the Compton Renaissance Transit’s five (5) fixed routes by expanding its Monday through Friday operating hours for two years by an additional 4.5 hours during peak hour service; and
WHEREAS, as a result, 1.5 peak hours was added in the morning and 3.0 hours was added in the evening which expanded the peak hour service to and from regional transportation services, downtown, colleges, universities, job centers, and medical facilities by an additional 4.5 hours during peak periods; and WHEREAS, by extending the hours during peak periods, fixed route services will improve within the City of Compton as well as with additional service outside of the city including: California State University of Dominquez Hills, Martin Luther King Jr.

Outpatient Centers, and various job centers totaling 5,500 hours annually. The expanded service is currently operating Monday through Friday from 6:00 am to 6:00 p.m.; and
WHEREAS, the City will be eligible to receive a one-time grant reimbursement in amount of $192,174 from LACMTA; and
WHEREAS, in order to authorize the City Manager to enter into a Funding Agreement between the City of Compton and the Los Angeles County Metropolitan Transportation Authority (LACMTA) for operating assistance for the Compton Renaissance Transit Peak Hour Enhancement, 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 and approval of the City Attorney is hereby authorized to enter into a Funding Agreement between the City of Compton and the Los Angeles County Metropolitan Transportation Authority (LACMTA) for operating assistance for the Compton Renaissance Transit Peak Hour Enhancement Program Funds.

SECTION 2. That the LACMTA and the City desire to set forth the terms of their ongoing collaboration with respect to this effort in the Funding Agreement.

SECTION 3. That the terms of this Funding Agreement shall commence on the date of the LACMTA’s CEO or his/her designee’s signature and shall terminate three years after the Effective Date of the Agreement.

Resolution No. __________

SECTION 4. That the term of the Funding Agreement may be extended by mutual agreement of the parties through written consent.

SECTION 5. That the LACMTA and the City hereby agree to use Proposition A Funds as the source of the local match.

SECTION 6. That copies of this Resolution shall be filed in the offices of the City Manager, City Controller, City Clerk, City Attorney and the Public Works Engineering Department.

SECTION 7. 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 of the City of Compton, signed by the Mayor and attested by the City Clerk, at a regular meeting thereof, held on the _______ day of __________, 2023.

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

AYES: COUNCILMEMBERS –
NOES: COUNCILMEMBERS –
ABSTAIN: COUNCILMEMBERS –
ABSENT: COUNCILMEMBERS –
_____________________________________

CITY CLERK OF THE CITY OF COMPTON
Funding Agreement No. 9200000000S1734
DUNS:076248335
SAM SEARCH: 8/31/2021
1 PROPOSITION C

FUNDING AGREEMENT
This Funding Agreement (“Agreement”) is dated for reference purposes only November 22, 2021 and is by and between the Los Angeles County Metropolitan Transportation Authority ("LACMTA") and the City of Compton (the “City").

RECITALS
A. On May 25, 2006 the LACMTA Board adopted a resolution declaring LACMTA to be the Designated Recipient for formula funds from the Federal Transit Administration (FTA) Section 5316 Job Access and Reverse Commute (JARC) Program Funds.

B. Pursuant to the LACMTA Board action of May 25, 2006, the LACMTA Chief Executive Officer (CEO) or his/her designee is authorized to enter into agreements with interested cities and local agencies in Los Angeles County for LACMTA in its role as the Designated Recipient for Section 5316 JARC grant funds (the “Federal Funds”).

C. In January 2017, the Board approved the competitive FY 2017 solicitation process for FTA Sections 5310, 5316 and 5317. This included repurposed Section 5316 JARC and Section 5317 New Freedom funds previously approved for agencies from older grants that later indicated they would not implement their projects or did not need their full grant award. The City originally applied for the Section 5316 JARC funds and was awarded $192,174 in operating funds. The Section 5316 funds seek to improve access to transportation services to employment and employment related activities for welfare recipients and eligible low-income individuals.

D On July 27, 2017 the LACMTA Board authorized the LACMTA Chief Executive Officer (CEO) or his designee to negotiate and execute Agreements with agencies as subrecipients and approved the application and award of $192,174 to the City for operating assistance for the Compton Renaissance Transit Peak Hour Enhancement. (the “Project”), FTIP #LA9918939.

E. The JARC grant which was the source of the repurposed funds did not name the City as a subrecipient, and due to FTA restrictions on lapsing funds could not be amended.

To resolve the problem, LACMTA exchanged the Federal Funds with Local Proposition C 40% funds (Prop C 40%) and applied the Federal Funds to an eligible LACMTA project. This exchanged was approved by the LACMTA Board on January 24, 2019.

F. The total cost for the Project described in the Scope of Work (the "SOW"), attached as Exhibit "A", hereto is estimated to be $256,232 ("Estimated Cost").

G. The City has agreed to provide the required local match of $64,058 (the "Local Match"), as described in the Financial Plan that is attached as Exhibit "B", and any additional funding required to complete the Project.
2 Agreement #: 9200000000S1734
H. The parties desire to execute this Agreement and are subject to the terms and conditions contained in this Agreement.

NOW, THEREFORE, the parties hereby agree as follows:

The terms and conditions of this Agreement consist of the following and each is incorporated by reference herein as if fully set forth herein:

1. Part I - Specific Terms of the Agreement

2. Part II - General Terms of the Agreement

3. Exhibit A – Scope of Work

4. Exhibit B – Financial Plan
In the event of a conflict, the Specific Terms of the Agreement and any attachments shall prevail over the General Terms of the Agreement.
3 Agreement #: 9200000000S1734
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized representatives as of the dates indicated below:

LACMTA:

LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY By: ________________________________________ Date: _______________________ Stephanie N. Wiggins
Chief Executive Officer
APPROVED AS TO FORM:

DAWYN R. HARRISON
Interim County Counsel
By: ________________________________________ Date: _______________________ Deputy

CITY OF COMPTON
By: ________________________________________ Date: _______________________ Thomas Thomas
City Manager
APPROVED AS TO FORM:

By: ________________________________________ Date: _______________________ Eric Perrodin
City Attorney
4 Agreement #: 9200000000S1734
PART I

SPECIFIC TERMS OF THE AGREEMENT

1. Title of the Project (the "Project"): Compton Renaissance Transit Peak Hour Enhancement.

FTIP # LA9918939.

2. The City shall complete the Project as described in the Scope of Work. The Scope of Work for the Project is included with this Agreement as Exhibit A. The Scope of Work includes a description of the Project, a detailed description of the work to be completed by the City including, without limitation, Project milestones consistent with set schedule. Work shall be delivered in accordance with that schedule unless otherwise agreed to by the parties in writing. If the City is consistently behind schedule in meeting milestones or in delivering the Project, then LACMTA will have the option to terminate this Agreement for default as described in Part II, Section 9.

3. REQUEST FOR REIUMBURSEMNT

3.1 The City agrees to contribute at least the statutorily or other required local contribution of matching funds, if any is specified within this agreement; see Financial Plan, Exhibit B hereto, toward the actual costs of the Project.

3.2 Not more frequently than once a month, but at least quarterly, the City will prepare and submit to LACMTA a certified Request for Reimbursement for actual allowable Project costs incurred and paid for by the City consistent with the Scope of Work document. Advance the payments by LACMTA are not allowed.

3.3 Each Request for Reimbursement will report the total of Project expenditures and will specify the percent and amount of funds to be reimbursed. The Request for Reimbursement will be accompanied by a report describing the overall work status and progress on Project tasks.

3.4 If applicable, the first Request for Reimbursement shall also be accompanied by a report describing any tasks specified in the Scope of Work which were accomplished prior to the effective date of this Agreement, which costs could be credited toward the required local contribution described herein provided that LACMTA has received prior approval for such expenditures. Eligible project costs are described in Scope of Work, Exhibit A.

3.5 Request for Reimbursement must be submitted on the City’s letterhead.

3.6 The City should consult with LACMTA staff for questions regarding non reimbursable expenses.

3.7 Total payments shall not exceed the funds awarded.
5 Agreement #: 9200000000S1734

3.8 If any amounts paid to the City are disallowed or not reimbursed by the LACMTA for any reason, the City shall remit to LACMTA the disallowed or non-reimbursed amount(s) within 30 days from receipt of LACMTA’s notice. All payments made by LACMTA hereunder are subject to the audit provisions contained herein.

4. Amendments to this Agreement shall be in writing executed by the parties. No changes to the (i) award amount, (ii) Project Funding, (iii) the Scope of Work, or (iv) termination date of shall be allowed without a written amendment to this Agreement, approved and signed by the LACMTA Chief Executive Officer or his/her designee and the City.

5. Notice will be given to the parties at the address specified below unless otherwise notified in writing of change of address. Any notice required or permitted to be delivered hereunder shall be deemed to be delivered upon receipt by the correct address by United States mail, postage prepaid, certified, or registered mail, return receipt requested, or by Federal Express or other reputable overnight delivery service addressed to the parties hereto as follows:

LACMTA's Address:

Los Angeles County Metropolitan Transportation Authority One Gateway Plaza
Los Angeles, CA 90012
Attention: Rufina Juarez; Mail Stop 99-23-1
Email: [email protected]
Phone: 213.922.7405
CITY's Address:

City of Compton
205 S. Willowbrook Avenue
Compton, CA 90020
Name: John Strickland
Email: [email protected]
Phone: 310.605.5505
6 Agreement #: 9200000000S1734

PART II

GENERAL TERMS OF THE AGREEMENT

1. TERM:

1.1 The term of this Agreement shall commence on the date of the LACMTA’s CEO or his/her designee’s signature (“Effective Date”) and shall terminate three years after the Effective Date of this Agreement (the “Termination Date”), unless terminated earlier as provided herein, (i) the agreed upon Scope of Work has been completed; (ii) all LACMTA audit and reporting requirements have been satisfied; and (iii) the final disbursement of the Funds has been made to the City. All eligible Project expenses as defined in the Scope of Work, Exhibit A shall be reimbursed in accordance with the terms and conditions of this Agreement. The parties understand and agree there are certain covenants and agreements which specifically remain in effect after expiration or termination of this Agreement or extended by a written approval from the LACMTA.

1.2 Should LACMTA determine there are insufficient Funds available for the Project; LACMTA may terminate this Agreement by giving written notice to the City at least thirty (30) days in advance of the effective date of such termination. If this Agreement is terminated pursuant to this section, LACMTA will not reimburse the City any costs incurred after the effective date of such termination, except those necessary to return any facilities modified by the Project’s construction to a safe state. LACMTA’s share of these costs will be in equal proportion to the City Local Match ratio.

2. INVOICE BY THE CITY: Unless otherwise stated in this Agreement, the invoice with supporting documentation of expenses as described in Part I, Section 3 of this Agreement, and other documents as required by LACMTA, shall satisfy LACMTA invoicing requirements.

Submit invoice with supporting documentation to:

[email protected] (preferable)
or
mail to:

Los Angeles County Metropolitan Transportation Authority Accounts Payable
P. O. Box 512296
Los Angeles, CA 90051-0296
All invoice material must contain the following information:

Re: LACMTA Project Funding Agreement # 9200000000S1734
Rufina Juarez: Mail Stop 99-23-1

3. USE OF FUNDS:

3.1 The City shall utilize the Funds to complete the Project as described in the Scope of Work.
7 Agreement #: 9200000000S1734

3.2 The City shall not use the Funds to substitute for any other funds or projects not specified in this Agreement. Further, the City shall not use the Funds for any expenses or activities beyond the approved Scope of Work (Exhibit A).

3.3 The City must use the Funds in the most cost-effective manner. If the City intends to use a consultant or contractor to implement all or part of the Project, LACMTA requires that such activities be procured in accordance with the City’s contracting procedures and consistent with State law. The City will also use the Funds in the most cost-effective manner when the Funds are used to pay “in-house” staff time. This effective use of funds provision will be verified by LACMTA through on-going Project monitoring and through any LACMTA interim and final audits.

3.4 The City’s employees, officers, councilmembers, board member, agents, or consultants (a “City Party”) are prohibited from participating in the selection, award, or administration of a third-party contract or sub-agreement supported by the Funds if a real or apparent conflict of interest would be involved. A conflict of interest would include, without limitation, an organizational conflict of interest or when any of the following parties has a financial or other interest in any entity selected for award: (a) a City Party (b) any member of a City Party’s immediate family, (c) a partner of a City Party; (d) any organization that employs or intends to employ any of the above. This conflict-of-interest provision will be verified by LACMTA through on-going Project monitoring and through any LACMTA interim and final audits.

3.5 If the Project requires the implementation of an Intelligent Transportation Systems (“ITS”) project, the City shall ensure the Project is consistent with the Regional ITS Architecture

3.6 The City is obligated to continue using the Project consistent with the public transportation purposes for which the Project was approved. The Project right-of-way and real property purchased to implement the Project shall remain dedicated to public transportation use. The obligations set forth in this section shall survive termination of this Agreement.

3.7 If the City desires to use the Funds to purchase or lease equipment including, without limitation, vehicles, office equipment, computer hardware or software, or other personal property (“Equipment”) necessary to perform or provide the services set forth in the Scope of Work, the City must obtain LACMTA’s written consent prior to purchasing or leasing any Equipment. Equipment purchased or leased without such prior written consent shall be deemed an unallowable expenditure of the Funds. Equipment acquired as part of the Project shall be dedicated to that Project use for their full economic life cycle, including any extensions of that life cycle achieved by reconstruction, rehabilitation, or enhancements.

3.8 If an Equipment ceases to be used for the proper use as originally stated in the Scope of Work, the City will be required to return to LACMTA the Funds used to purchase or lease such Equipment in proportion to the useful life remaining and in equal proportion of the Funds to the City Local Match ratio. The obligations set forth in this section shall survive termination of this Agreement.
8 Agreement #: 9200000000S1734

3.9 If any Project facilities or any real property purchased to implement the Project is no longer used or is no longer needed for the Project, including construction easements or excess property, the City will be required to return to LACMTA the Funds used to design, construct, or acquire such Project facilities or real property in equal proportion of the grant to the City Local Match ratio. The obligations set forth in this section shall survive termination of this Agreement.

3.10 If the City desires to use any Project facility or any real property purchased to implement the Project to generate revenue, the City shall first obtain LACMTA’s written consent prior to entering into any such revenue generating arrangement. The City shall provide LACMTA with the applicable information regarding the transaction, including without limitation, the property at issue, the proposed use of the property, the amount of revenue, any impact to the Project and the proposed use of the revenue. LACMTA consent may be conditioned on whether bond funds were used, and how the City plans to use the revenue, including, without limitation, sharing any net revenues with LACMTA. If the City fails to obtain LACMTA’s prior written consent, the City shall be considered in default and LACMTA shall have all rights and remedies available at law or in equity, including, without limitation the return of the Funds to cover the cost of the property in question. The obligations set forth in this section shall survive termination of this Agreement.

3.11 The City understands that this Agreement does not provide any rights for the City to use LACMTA real property needed for the Project. If the Project requires use of LACMTA Property, the City will need to enter into a separate agreement with LACMTA in accordance with LACMTA real property policies and procedures. Nothing in this Agreement obligates LACMTA to provide the City with any real estate right.

4. DISBURSEMENT OF FUNDS:

4.1 Payments to the City will be processed by LACMTA within a reasonable time period, but in no event more than sixty (60) calendar days after receipt of a Request for Reimbursement meeting the requirements of Part 1, Section 3. The City shall be subject to, and shall comply with, all requirements of this award as required by LACMTA.

4.2 Disbursements shall be made on a reimbursement basis in accordance with the provisions of this Agreement.

4.3 LACMTA will make all disbursements electronically unless an exception is requested in writing. Disbursements via Automated Clearing House (ACH) will be made at no cost to the City. The City must complete the ACH form and submit such form to LACMTA before grant payments can be made.

4.4 The City must provide detailed supporting documentation with its invoice submittal.

4.5 The City shall demonstrate that the Local Match has been spent in direct proportion to the Funds invoiced with each invoice expenditures. 9 Agreement #: 9200000000S1734

4.6 Expenses that are not invoiced within 60 days after the termination date specified in Part II, Section 8.1 below are not eligible for reimbursement.

4.7 Commencing with the Execution Date, Funds will be made available to the City for all work related to the initial Project milestone identified in Exhibit A - Scope of Work. Funds for subsequent Project milestones will not be available until the City provides evidence that the current Project milestone has been completed or is clearly on track to be completed on the approved schedule stated in the Scope of Work, as determined by LACMTA.

5. AUDIT REQUIREMENTS/PAYMENT ADJUSTMENTS:

5.1 LACMTA, and/or its designee, shall have the right to conduct audits of the Project, as deemed appropriate, such as financial and compliance audits; interim audits; pre-award audits, performance audits and final audits. LACMTA may commence a final audit within nine months of receipt of an acceptable final invoice, provided the Project is ready for final audit (meaning all costs and charges have been paid by the City and invoiced to LACMTA, and such costs, charges and invoices are properly documented and summarized in the accounting records to enable an audit without further explanation or summarization including actual indirect rates for the period under review). The City agrees to establish and maintain proper accounting procedures and cash management records and documents in accordance with Generally Accepted Accounting Principles (GAAP). The City shall reimburse LACMTA for any expenditure not in compliance with this Agreement and the Guidelines. The City’s eligible expenditures submitted to LACMTA for this Project shall be in accordance with the Scope of Work (Exhibit A) and 2 CFR Subtitle A, Chapter II, Part 200. The allowability of costs for the City’s contractors, consultants and suppliers submitted to LACMTA through the City’s invoicing process shall be in compliance with 2 CFR Subtitle A, Chapter II, Part 200 or 48 CFR Part 31 (FAR), whichever is applicable. Any use of the Funds which is expressly prohibited under this Agreement shall be an ineligible use of the Funds and may be disallowed by LACMTA audit. Findings of the LACMTA audit are final. When LACMTA audit findings require the City to return monies to LACMTA, the City shall return such monies within thirty (30) days after the final audit is sent to the City.

5.2 The City’s records shall include, without limitation, accounting records, written policies and procedures, contract files, original estimates, correspondence, change order files (including documentation covering negotiated settlements), invoices, and any other supporting evidence deemed necessary by LACMTA to substantiate charges related to the Project (all collectively referred to as “records”) shall be open to inspection and subject to audit and reproduction by LACMTA auditors or authorized representatives to the extent deemed necessary by LACMTA to adequately permit evaluation of expended costs. Such records subject to audit shall also include, without limitation, those records deemed necessary by LACMTA to evaluate and verify, direct and indirect costs, (including overhead allocations) as they may apply to costs associated with the Project. These records must be retained by the City for three years following final payment under this Agreement. 10 Agreement #: 9200000000S1734

5.3 The City shall cause all contractors to comply with the requirements of Part II, Sections 5.1 and 5.2 above. The City shall cause all contractors to cooperate fully in furnishing or in making available to LACMTA all records deemed necessary by LACMTA auditors or authorized representatives related to the Project.

5.4 LACMTA or any of its duly authorized representatives, upon reasonable written notice shall be afforded access to all of the records of the City and its contractors related to the Project and shall be allowed to interview any employee of the City and its contractors through final payment to the extent reasonably practicable.

5.5 LACMTA or any of its duly authorized representatives, upon reasonable written notice, shall have access to the offices of the City and its contractors, shall have access to all necessary records, including reproduction at no charge to LACMTA, and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the terms and conditions of this Agreement.

5.6 In addition to LACMTA’s other remedies as provided in this Agreement, LACMTA shall withhold the Funds and/or recommend not to award future grants to the City if the LACMTA audit has determined that the City failed to comply with the Scope of Work (such as misusing Funds or failure to return Funds owed to LACMTA in accordance with LACMTA audit findings) and/or is severely out of compliance with other terms and conditions as defined by this Agreement, including the access to records provisions of Part II, Section 5.

5.7 When business travel associated with the Project requires use of a vehicle, the mileage incurred shall be reimbursed at the mileage rates set by the Internal Revenue Service, as indicated in the United States General Services Administration Federal Travel Regulation, Privately Owned Vehicle Reimbursement Rates.

5.8 The City shall certify monthly invoices by reviewing all contractor and subcontractor costs and maintaining internal control to ensure that all expenditures are allocable, allowable and reasonable and in accordance with 2 CFR Subtitle A, Chapter II, Part 200 or 48 CFR Part 31 (whichever is applicable) and the terms and conditions of this Agreement.

5.9 The City shall also certify final costs of the Project to ensure all costs are in compliance with 2 CFR Subtitle A, Chapter II, Part 200 or 48 FAR Part 31 (whichever is applicable) and the terms and conditions of this Agreement.

5.10 Whenever possible, in exercising its audit rights under this Agreement, LACMTA shall rely on the City’s own records and audit work to minimize direct audit of contractors, consultants, and suppliers.

6. ONE TIME GRANT: This is a onetime only grant subject to the terms and conditions agreed to herein and in the Guidelines. This grant does not imply nor obligate any future funding commitment on the part of LACMTA.
11 Agreement #: 9200000000S1734

7. SOURCES AND DISPOSITION OF FUNDS:

7.1 The obligation for LACMTA to grant the Funds for the Project is subject to sufficient Funds being made available for the Project by the LACMTA Board of Directors. If such Funds are not made available for the Project, LACMTA shall have no obligation to provide the Funds for the Project, unless otherwise agreed to in writing by LACMTA.

7.2 The City shall fully fund and contribute the City’s Local Match, as identified in the Financial Plan (Exhibit B), towards the cost of the Project. If the Funds identified in Exhibit B are insufficient to complete the Project, the City agrees to secure and provide such additional non-LACMTA funds necessary to complete the Project.

7.3 The City shall be responsible for any and all cost overruns for the Project.

7.4 At any time, if the City receives outside funding for the Project in addition to the Funds identified in the Financial Plan at the time this grant was awarded, this Agreement shall be amended to reflect such additional funding.

7.5 If, at the time of final voucher, available funding for the Project (including the Funds, the City Local Match, and any additional funding) exceeds the actual Project costs, then the cost savings shall be applied in the same proportion as the sources of funds from each party to this Agreement as specified in Exhibit B and both the Funds and the City Local Match required for the Project shall be reduced accordingly. LACMTA shall have the right to use any cost savings associated with the Funds at its sole discretion, including, without limitation, programming the unused Funds to another project or to another City. If, at the time of final voucher, it is determined that the City has received Funds in excess of what the City should have received for the Project, the City shall return such overage to LACMTA within 30 days from final voucher.

8. TIMELY USE OF FUNDS:

8.1 The City must demonstrate timely use of the Funds by:
(i) executing this Agreement within ninety (90) days of receiving formal transmittal of the Agreement from LACMTA.
(ii) meeting the Project milestones due dates as agreed upon by the LACMTA and the City in the Agreement. See project milestones, Exhibit A.
(iii) expending the Funds granted under this Agreement for allowable costs within three (3) years after the execution of this agreement.

8.2 If the Project does not meet the milestone due dates as agreed upon in the Agreement, LACMTA will issue a notice of non-compliance to the City, and the City will be 12 Agreement #: 9200000000S1734
required to develop a written recovery plan illustrating in detail the City’s actions to resolve the delay and to meet the Project completion date agreed upon in the Agreement (the “Recovery Plan”). If the Recovery Plan is deemed viable by LACMTA staff and meets the Project completion date agreed upon in the Agreement, LACMTA may grant an administrative schedule update as long as the Funds are expended in compliance with (iii) above. If the City fails to submit a Recovery Plan within 30 days of the notice of non-compliance from LACMTA, or the Recovery Plan illustrates that the Project will not meet the milestones date in the Agreement, LACMTA may recommend termination of this agreement.

9. DEFAULT: A Default under this Agreement is defined as any one or more of the following: (i) the City fails to comply with the terms and conditions contained herein or in the Scope of Work; (ii) the City is consistently behind schedule in meeting milestones or in delivering the Project; or (iii) the City fails to perform satisfactorily or makes a material change, as determined by LACMTA at its sole discretion, to the Financial Plan, the Scope of Work, or the Project Funding without LACMTA’s prior written consent or approval as provided herein.

10. REMEDIES:

10.1 In the event of a Default by the City, LACMTA shall provide written notice of such Default to the City with a 30-day period to cure the Default. In the event the City fails to cure the Default or commit to cure the Default and commence the same within such 30- day period to the satisfaction of LACMTA, LACMTA shall have the following remedies: (i) LACMTA may terminate this Agreement; (ii) LACMTA may make no further disbursements of Funds to the City; and/or (iii) LACMTA may recover from the City any Funds disbursed to the City as allowed by law or in equity.

10.2 Effective upon receipt of written notice of termination from LACMTA pursuant to Section 10.1, the City shall not undertake any new work or obligation with respect to this Agreement unless so directed by LACMTA in writing. Any Funds expended after termination shall be the sole responsibility of the City.

10.3 The remedies described herein are non-exclusive. LACMTA shall have the right to enforce any and all rights and remedies herein or which may be now or hereafter available at law or in equity.

11. COMMUNICATIONS:

11.1 The City shall ensure that all Communication Materials contain recognition of LACMTA’s contribution to the Project as more particularly set forth in “Funding Recipient Communications Guidelines” available upon request. The Funding Recipient Communications Guidelines may be changed from time to time during the course of this Agreement. The City shall be responsible for complying with the latest Funding Recipient Communications Guidelines during the term of this Agreement, unless otherwise specifically authorized in writing by the LACMTA Chief Communications Officer.

11.2 For purposes of this Agreement, “Communications Materials” include, but are not limited to, press events, public and external newsletters, printed materials, advertising, websites radio and public service announcements, electronic media, 13 Agreement #: 9200000000S1734
and construction site signage. A more detailed definition of “Communications Materials” is found in the Funding Recipient Communications Guidelines.

11.3 The Metro logo is a trademarked item that shall be reproduced and displayed in accordance with specific graphic guidelines. The preferred logo lock-up for Funding Recipients to use is included in the Funding Recipient Communications Guidelines.

11.4 The City shall ensure that any subcontractor, including, but not limited to, public relations, public affairs, and/or marketing firms hired to produce Project Communications Materials for public and external purposes will comply with the requirements contained in this Section.

11.5 The LACMTA Project Manager shall be responsible for monitoring the City’s compliance with the terms and conditions of this Section. The City’s failure to comply with the terms of this Section shall be deemed a default hereunder and LACMTA shall have all rights and remedies set forth herein.

12. OTHER TERMS AND CONDITIONS:

12.1 This Agreement, along with its Attachments, constitutes the entire understanding between the parties, with respect to the subject matter herein. The Agreement shall not be amended, nor any provisions or breach hereof waived, except in writing signed by the parties who agreed to the original Agreement or the same level of authority.

12.2 In the event that there is any court proceeding between the parties to enforce or interpret this Agreement, to protect or establish any rights or remedies hereunder, the prevailing party shall be entitled to its costs and expenses, including reasonable attorney’s fees.

12.3 Neither LACMTA nor any subsidiary or their respective directors, officers, agents, or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or committed to be done by the City under or in connection with any work performed by or service provided by the City, its officers, agents, employees, contractors and subcontractors under this Agreement. The City shall fully indemnify, defend (with counsel approved by LACMTA) and hold LACMTA, and its subsidiaries and their respective directors, officers, agents and employees harmless from and against any suits and causes of actions, claims, losses, liability, damages, costs and expenses, including without limitation, any costs or liability on account of bodily injury, death or personal injury of any person or for damage to or loss of property, any environmental obligation, and any legal fees in any way arising out of acts or omissions to act related to the Project or this Agreement, without requirement that LACMTA first pay such claim. The obligations set forth in this section shall survive termination of this Agreement.

12.4 Neither party hereto shall be considered in default in the performance of its obligation hereunder to the extent that the performance of any such obligation is prevented or delayed by unforeseen causes including acts of God, acts of a public enemy, and government 14 Agreement #: 9200000000S1734
acts beyond the control and without fault or negligence of the affected party. Each party hereto shall give notice promptly to the other of the nature and extent of any such circumstances claimed to delay, hinder, or prevent performance of any obligations under this Agreement.

12.5 The City shall comply with and ensure that work performed under this Agreement is done in compliance with Generally Accepted Accounting Principles (GAAP), all applicable provisions of federal, state, and local laws, statutes, ordinances, rules, regulations, and procedural requirements including Federal Acquisition Regulations (FAR), and the applicable requirements and regulations of LACMTA. The City acknowledges responsibility for obtaining copies of and complying with the terms of the most recent federal, state, or local laws and regulations, and LACMTA requirements including any amendments thereto.

12.6 The City shall not assign this Agreement, or any part thereof, without prior approval of the LACMTA Chief Executive Officer or his designee, and any assignment without said consent shall be void and unenforceable at the option of LACMTA.

12.7 This Agreement shall be governed by California law. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.

12.8 The covenants and agreements of this Agreement shall inure to the benefit of, and shall be binding upon, each of the parties and their respective successors and assigns.

12.9 The City will advise LACMTA prior to any key Project staffing changes.

12.10 The City in the performance of the work described in this Agreement is not a contractor nor an agent or employee of LACMTA. The City attests to no organizational or personal conflicts of interest and agrees to notify LACMTA immediately in the event that a conflict, or the appearance thereof, arises. The City shall not represent itself as an agent or employee of LACMTA and shall have no powers to bind LACMTA in contract or otherwise. 15 Agreement #: 9200000000S1734

EXHIBIT A

SCOPE OF WORK
City of Compton
Compton Renaissance Transit Peak Hour Enhancement
TIP: LA9918939
The scope of work will be for operating assistance of the Compton Renaissance Transit Peak Hour Expansion. The City will continue to deliver five (5) fixed route public transit routes expanding Monday through Friday operating hours for two years by adding 4.5 hours during peak hour service. In the morning 1.5 peaks hour services will be added and 3.0 hours in the p.m. expanding the peak hour service to and from regional transportation services, downtown, colleges, universities, job centers, and medical facilities. Fixed route service shall be improved within the City of Compton with additional service outside of the city including: Cal State University of Dominguez Hills, Martin Luther King Jr. Outpatient Centers, and various job centers totaling 5,500 hours annually. The expanded service will operate Monday through Friday from 6:00 a.m. to 6:00 p.m.

Timeline

Milestone Start Completion
Solicitation of services/Amendment 24-Jul-19 22-Aug-20
Contract award 10-Dec-19 10-Dec-20
Market/outreach expanded services 1-Feb-19 28-Feb-20
Implement services 1-Mar-20 1-Mar-22
16 Agreement #: 9200000000S1734

EXHIBIT B

FINANCIAL PLAN
The total cost of the Project is $256,232. The following is a description of the corresponding funding amounts and funding source to implement the Project.

Project Funding TOTAL ($)
PROP C 40%
($)
LOCAL
Match ($)
In Kind
Match ($)
Fixed Route Services $256,232 $192,174 $38,435 $25,623
TOTAL ($) $256,232 $192,174 $38,435

$25,623
SHARE 100% 75% 10%

15%

SOURCES OF LOCAL MATCH

Prop A
February 14, 2023
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: COMPTON FIRE DEPARTMENT
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AMENDING THE 2022-2023 BUDGET TO TRANSFER

FUNDS AND AUTHORIZING A PURCHASE ORDER WITH THE

JANKOVICH COMPANY TO PROVIDE DIESEL FUEL, MOTOR

COOLANT AND MOTOR LUBRICANTS FOR THE COMPTON FIRE
DEPARTMENT ($80,000.00)

SUMMARY
Adoption of this resolution authorizes the City Manager to establish a purchase order in the amount not to exceed Eighty Thousand Dollars and Zero Cents ($80,000.00) with the Jankovich Company to purchase additional diesel fuel, motor oil, transmission fluids and radiator coolants for the remainder of Fiscal Year 2022-2023.

BACKGROUND
Provision and replacement of diesel fuel, motor oils, transmission oils, and radiator coolant is essential to the everyday response of fire apparatus. The purchase will allow fire department personnel to perform their daily duties and respond to emergencies with emergency apparatus that has been properly maintained.

Last year, the Department solicited and received three (3) bids from the following vendors for the purchase of fuel: (i) Jankovich ($0.09 a gallon); (ii) SC Fuels ($0.1379 a gallon); (iii) Wood Oil Co. ($0.18 a gallon). The Department determined that Jankovich is the lowest and most responsive to the needs of the Department. .

STATEMENT OF ISSUE
On December 13, 2022 the City Council adopted Resolution No. 25,754 to approve the Departments’ use of Jankovich for the purchase of petroleum products and fuel and issued a purchase order in the amount of $80,000. The Department has exhausted the current purchase order and needs an additional purchase order to pay for additional petroleum products and fuel for the remainder of the 2022-2023 fiscal year.

Staff is recommending that the Department continue to use Jankovich for the purchase of petroleum products and fuel.

5. City Council approval is needed because the expenditure is in excess of $25,000.00 Dollars.

The Fire Departments 2022-2023 Fiscal Year budget shall be amended to transfer funds between accounts as follows:

From:

Account Number Description Amount
1001-690-000-4103 Fire Salaries-Other $80,000
To: Account Number Description Amount
1001-690-000-4228 Fuel $80,000

RECOMMENDATION
Staff recommends that Council approve the attached resolution.

RONERICK SIMPSON

FIRE CHIEF

APPROVED FOR FORWARDING

THOMAS THOMAS

CITY MANAGER

RESOLUTION NO. ___________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COMPTON AMENDING THE 2022-2023 BUDGET TO TRANSFER

FUNDS AND AUTHORIZING A PURCHASE ORDER WITH THE

JANKOVICH COMPANY TO PROVIDE DIESEL FUEL, MOTOR

COOLANT AND MOTOR LUBRICANTS FOR THE COMPTON FIRE
DEPARTMENT ($80,000.00)
WHEREAS, the Fire Department has a continuous need for gasoline and diesel fuel for daily operations of vehicles and equipment; and WHEREAS, the Fire Department is responsible for the acquisition of diesel fuel and other petroleum products; and
WHEREAS, Diesel Fuel and lubricants are provided by the Jankovich Company; and
WHEREAS, the price of fuel has been so unpredictable during previous years which has caused the Department to request additional funds to cover the remaining 2022-2023 Fiscal Year; and
WHEREAS, staff currently uses Jankovich for the purchase of petroleum products and fuel, however, the Department has exhausted the current purchase order and needs an additional purchase order to pay for emergency repairs; and WHEREAS, last year, the Department solicited and received three (3) bids from the following vendors for the purchase of fuel: (i) Jankovich ($0.09 a gallon); (ii) SC Fuels ($0.1379 a gallon); (iii) Wood Oil Co. ($0.18 a gallon). The Department determined that Jankovich is the lowest and most responsive to the needs of the Department; and WHEREAS, On December 13, 2022 the City Council adopted Resolution No. 25,754 to approve the Departments’ use of Jankovich for the purchase of petroleum products and fuel and issued a purchase order in the amount of $80,000; and WHEREAS, Staff is requesting the authority to continue to use Jankovich for the purchase of petroleum products and fuel; and
WHEREAS, the estimated cost for the purchase of petroleum products and fuel for the remainder of Fiscal Year 2022-2023 is Eighty Thousand Dollars and Zero Cents ($80,000.00); and
WHEREAS, Staff is requesting to amend the Departments’ 2022-2023 Fiscal Year budget to transfer funds between accounts as follows:

From: Description Amount
1001-690-000-4103 Fire Salaries-Other $80,000.00
To: Description Amount
1001-690-000-4228 Fuel $80,000.00
WHEREAS, funds in the amount of Eighty Thousand Dollars and Zero Cents ($80,000.00), will be available for this expenditure in the following account no:

Account No. Description Amount
1001-690-000-4228 Fuel $80,000.00

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

Resolution No. __________

SECTION 1. That the City Manager is hereby authorized to issue a purchase order to The Jankovich Company not to exceed Eighty Thousand Dollars and Zero Cents, ($80,000.00) to provide diesel fuel and other petroleum products to meet Fire Department needs for the remaining Fiscal Year 2022-2023.

SECTION 2. That the Fire Departments 2022-2023 Fiscal Year Budget shall be amended to transfer funds between accounts as follows:

From:

Account Number Description Amount
1001-690-000-4103 Fire Salaries-Other $80,000
To: Account Number Description Amount
1001-690-000-4228 Fuel $80,000
SECTION 3. That a copy of this resolution shall be forwarded to the offices of the City Manager, City Attorney, City Controller and the Fire Department.

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

ADOPTED this ________ day of _______________________ 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, to wit:

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

CITY CLERK OF THE CITY OF COMPTON