Compton City Council
July 25, 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
07/25/2023
Closed Session 4:30 P.M.

Public Meeting 5:30 P.M.

CITY COUNCIL CHAMBERS
205 SOUTH WILLOWBROOK AVENUE
COMPTON, CALIFORNIA 90220

HEARING(S)
PUBLIC HEARING – CHARGES RELATED TO SOLID WASTE

DELINQUENCIES TO BE COLLECTED ON THE LOS ANGELES COUNTY TAX ROLL FY 23-24 ON 7-25-23 @ 5:40PM (Victor Meza)

OPENING

MOMENT OF SILENCE

PLEDGE OF ALLEGIANCE

ROLL CALL

PUBLIC COMMENTS ON CLOSED SESSION ITEMS ONLY
-2- City Council Agenda
7/25/2023 5:30:00 PM

CLOSED SESSION

PENDING LITIGATION
Compton Property Group, LLC v. City of Compton, et al.

Los Angeles County Superior Court Case No. 23STCP02247
Pursuant to Sections 54956.9(a), 54956.9(d)(1)

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. MARCH 31, 2023 (SPECIAL)

CITY MANAGER

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

AUTHORIZING THE ISSUANCE OF A PURCHASE ORDER TO THE

CALIFORNIA CITIES FOR SELF-RELIANCE JOINT POWERS AUTHORITY FOR ANNUAL FUNDING CONTRIBUTION FOR FY 2023-2024 ($35,000)

REGULAR AGENDA

UNFINISHED BUSINESS

3. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON DECLARING THAT CERTAIN PROPERTY LOCATED AT 1434 W. COMPTON

BOULEVARD IN THE CITY OF COMPTON IS EXEMPT SURPLUS LAND PURSUANT TO GOVERNMENT CODE SECTIONS 54221(b) AND 54221(f)(1)(A),

APPROVING AN EXCLUSIVE NEGOTIATING AGREEMENT BETWEEN THE

CITY AND LANDSPIRE GROUP LLC WITH RESPECT TO THE PROPOSED

SALE OF THE PROPERTY TO LANDSPIRE GROUP LLC AND THE

DEVELOPMENT OF AN AFFORDABLE HOUSING PROJECT THEREON,

FINDING THAT THIS ACTION IS EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA), AND TAKING RELATED ACTIONS. -3- City Council Agenda
7/25/2023 5:30:00 PM

NEW BUSINESS

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

APPROVING A LIMITED DURATION EMPLOYMENT AGREEMENT WITH
JEROME G. GROOMES TO SERVE AS INTERIM CITY MANAGER OF THE CITY

OF COMPTON

5. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AMENDING THE PUBLIC WORKS ENGINEERING DEPARTMENT’S 2023-2024

FISCAL YEAR BUDGET TRANSFERRING FUNDS BETWEEN ACCOUNTS AND

AUTHORIZE THE CITY MANAGER TO AMEND THE CONSTRUCTION

CONTRACT WITH AND ESTABLISH A PURCHASE ORDER FOR HORIZONS CONSTRUCTION COMPANY INTERNATIONAL, INC. FOR THE ADDITIONAL WORK PURSUANT TO THE COMPTON FIRE STATION NOS. 1 THROUGH 4 DRIVEWAY AND APRON IMPROVEMENT PROJECT, CIP# 10-02 ($752,098.60).

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

AUTHORIZING THE CITY MANAGER TO ENTER INTO A DONATION
AGREEMENT ACCEPTING A GRANT FROM KABOOM!, INC. OF THE PARTS

AND INSTALLATION OF A NEW PLAYGROUND WORTH AN ESTIMATED VALUE OF EIGHTY THOUSAND DOLLARS ($80,000).

7. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AUTHORIZING THE CITY MANAGER TO AMEND THE 2023 – 2024 FISCAL

YEAR BUDGET TO APPROPRIATE FROM FUND BALANCE TO PAY

EXPENDITURES RELATED TO COMPTON DUMP DAY PROGRAM

SPONSORED BY CALIFORNIA DEPARTMENT OF TRANSPORTATION
(CALTRANS) FOR THE COLLECTION OF HOUSEHOLD BULKY ITEMS IN THE CITY OF COMPTON ($4,608.66).

8. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON RESCINDING RESOLUTION NO. 25, 730, AUTHORIZING THE CITY MANAGER

TO ENTER INTO AN AGREEMENT WITH AND ISSUE A PURCHASE ORDER TO

SOUTH BAY MILLWORKS FOR THE CUSTOMER SERVICE AND THE
TREASURER’S OFFICE FRONT COUNTER REPLACEMENT PROJECT IN THE

AMOUNT OF TWO HUNDRED THIRTY-SEVEN THOUSAND TWO HUNDRED DOLLARS ($237,200.00)

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

APPROVING A MEMORANDUM OF AGREEMENT (MOA) BETWEEN THE CITY OF COMPTON AND THE COMPTON FIREFIGHTERS, LOCAL 2216 FOR FISCAL YEAR 2019-2024

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

AUTHORIZING THE CITY MANAGER TO ESTABLISH A SALARY SCHEDULE FOR COMPTON FIREFIGHTERS, LOCAL 2216
-4- City Council Agenda
7/25/2023 5:30:00 PM

11. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON TO

AUTHORIZE THE CITY MANAGER TO EXECUTE AGREEMENTS WITH

HELPMATES STAFFING SERVICES LLC, CENTURY GROUP, TANDYM GROUP

LLC, AND WITH ROBERT HALF INTERNATIONAL INC FOR ACCOUNTING

TEMP AGENCY SERVICES, TO AUTHORIZE AN AMENDMENT TO THE CITY CONTROLLER’S DEPARTMENT FY2023-2024 BUDGET, AND TO AUTHORIZE A PURCHASE ORDER ($75,000.00 FOR ALL AGREEMENTS COMBINED).

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

AUTHORIZING THE CITY MANAGER TO ENTER INTO A PROFESSIONAL

SERVICES AGREEMENT WITH AND ESTABLISH A PURCHASE ORDER FOR

TOWNSEND PUBLIC AFFAIRS FOR GOVERNMENT RELATIONS AND
LOBBYING SERVICES IN THE AMOUNT OF $96,000 ANNUALLY

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

AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH AND ESTABLISH A PURCHASE ORDER WITH STETSON ENGINEERS, INC.

FOR PROVIDING PROFESSIONAL ENGINEERING CONSULTANT SERVICES AND PROJECT MANAGEMENT TO FINALIZE WORK ON ONLY WELL 20 FOR FISCAL YEAR 2023-2024 OR UNTIL THE PROJECT RECEIVES AN OPERATING

PERMIT AND THE WELL IS FULLY FUNCTIONAL IN AN AMOUNT NOT TO EXCEED TWENTY-SEVEN THOUSAND DOLLARS ($27,000)

14. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON,

ORDERING CHARGES FOR SOLID WASTE AND RECYCLABLE MATERIALS

HANDLING SERVICES, DELINQUENCIES TO BE COLLECTED ON THE LOS ANGELES COUNTY TAX ROLL FOR FISCAL YEAR 2023-2024 AND COMBINED OUTSTANDING BALANCES FOR TAX ROLL BILLING FOR FISCAL YEAR 2022- 2023

COUNCIL COMMENTS

ADJOURNMENT
NEXT REGULAR MEETING: 9/5/2023 5:30PM
Visit our website at http://www.comptoncity.org

MARCH 31, 2023 (SPECIAL)
The Special Compton City Council meeting was called to order at 10:05 a. m. in the Council Chambers of City Hall by Mayor Emma Sharif. The Pledge of Allegiance and Ceremony of Silence was also led by Mayor Sharif.

ROLL CALL
Council Members Present – D. Duhart, J. Bowers, L. Darden, Mayor E. Sharif, Councilman Spicer (Participated Via Zoom Teleconference) Council Members Absent – None

Other Officials Present: E. Perrodin, V. McDaniel, T. Thomas

PUBLIC COMMENTS ON AGENDA ITEM ONLY
Fidel Marquez raised concerns that the public was not provided with an opportunity to speak relative to agenda item Number 1 (HUD-HOME ARP) and alleged that a copy of the Plan was supposed to be displayed in the Grants Department, City Clerk’s Office and the Compton Library under HUD guidelines. Mr. Marquez further alleged that the Plan is outdated since it was signed by former City Manager Ronerick Simpson and not the current City Manager.

Vanessa Cain also commented that the public was not allowed to speak relative to agenda item Number 1 (HUD-HOME ARP). Ms. Cain further alleged that the organizations chosen to receive funding are not known to the community and appear to be unqualified. Ms. Cain concluded by accusing the City Council of environmental terrorism.
10:05 AM - PUBLIC HEARING - FUNDING ALLOCATIONS FOR HOME-ARP

PROJECTS AND ACTIVITIES
On motion by Duhart, seconded by Darden, the public hearing was declared open at 10:15 a.m. by the following vote on roll call:

AYES: Council Members – Duhart, Spicer, Bowers, Darden, Sharif NOES: Council Members – None
ABSENT: Council Members – None
Tramel Woods, Grants Compliance Manager, reported that the public hearing is being conducted to authorize the City Manager to submit a grant application to the U.S. Department of Housing and Urban Development (HUD) regarding the HOME Program for Homelessness Assistance and Supportive Services American Rescue Plan (HOME-ARP) that includes the use of funds for the HOME Investment Partnerships Program and also amend the Community Development Department 2022-2023 annual budget and further execute all documents as required.

As part of the American Rescue Plan, the City of Compton was provided with a one-time allocation of HOME-ARP funding in the amount of $1,988,847. The HOME and ARP funds were provided to assist individuals or households who are homeless, at risk of homelessness, and other vulnerable populations, by providing housing, rental assistance, support services, and non-congregate shelter to reduce homelessness and increase housing stability. These grant funds are to be administered through HUD’s HOME Investment Partnerships Program. These one-time funds are in addition to the City’s annual allocation of HOME funds.

Mr. Woods further noted in accordance with HUD requirements, Staff prepared the draft HOME- ARP Plan for public review and comments prior to City Council approval. As part of the planning process, the 15-day public review period and public hearing notification was published in the Compton Bulletin Newspaper on March 1, 2023. The following graph details the funding allocation for the grant:

1. HOME ARP-PLAN AMOUNT
HOME-ARP Program Administration and Operating Funds $298,327.00 Salaries 150,000.00
Other Professional Services 148,327.00
Supportive Services 990,519.00
Tenant Based Rental Assistance 700,000.00 Mr. Woods then stated that Staff recommends that the City Council adopt the proposed HOME- ARP Plan; authorize the City Manager to submit the grant application and Plan to HUD; and further authorize the City Manager to execute agreements and implement all proposed programs included in the HOME-ARP Plan and also include the identified programs and funding allocations in the City’s 2023-2024 budget.

PUBLIC COMMENTS REGARDING THE PUBLIC HEARING
Vanessa Cain commented that the City Council always waits until the final moments and everything is right at the cusp of being lost before action is taken. Ms. Cain further commented that the City Council should be held responsible and accountable for the City’s financial dysfunction.

Fidel Marquez suggested that those organizations slated to receive funding come before the community and state which services they provide to the residents. Mr. Marquez then spoke in opposition to the item stating that the City is not in compliance with the guidelines and suggested that the Council not approve the Plan since the taxpayers will be the ones responsible for repaying the funds.

City Attorney Eric Perrodin indicated that the City Council meeting and public hearing was properly advertised and noticed by the City.

Mr. Woods then noted that if approved, the Plan will be submitted to HUD, and further indicated that Staff will return to the City Council with a plan to allocate the funding.

There was discussion regarding the timeline to submit the Plan.

Councilmember Duhart raised concerns regarding the dollar amounts detailed in the staff report.

There was discussion regarding the totals for the funding allocation.

Councilmember Bowers commented that the City Charter requires the City Manager to keep the City Council abreast regarding matters pertinent to City affairs. Councilman Bowers then expressed that it is disheartening to see that City administration continues to wait until the last moment to address certain matters.

There being no further comments, Councilmember Darden offered a motion to close the public hearing. The motion was seconded by Duhart and the public hearing was closed at 10:49 a.m. 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

1. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON ADOPTING AND APPROVING THE SUBSTANTIAL AMENDMENT TO THE 2021 ANNUAL

ACTION PLAN APPROVING THE HOME - AMERICAN RESCUE PLAN (HOME-

ARP) ALLOCATION AND AUTHORIZING THE CITY MANAGER TO SUBMIT THE PLAN TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD)
On motion by Duhart, seconded by Darden, Resolution Number 25,812 entitled ‘ A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON ADOPTING AND APPROVING THE SUBSTANTIAL AMENDMENT TO THE 2021 ANNUAL

ACTION PLAN APPROVING THE HOME - AMERICAN RESCUE PLAN (HOME-ARP)

ALLOCATION AND AUTHORIZING THE CITY MANAGER TO SUBMIT THE PLAN TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD)’ was adopted by the following vote on roll call:

AYES: Council Members – Duhart, Darden, Sharif
NOES: Council Members – Bowers
ABSENT: Council Members – Spicer
Mayor Sharif commented that there are over 600 unhoused individuals in the City that must be provided with services. Mayor Sharif further cited the increase in the number of residents fleeing their home due to domestic violence and stated that she is in full support of the item which is crucial to the overall improvement of the City.

City Clerk Vernell McDaniel informed the Council and community that Councilman Spicer was no longer on the Zoom call for the meeting.

COUNCIL COMMENTS
Councilmember Darden commented that she was happy to have the opportunity to submit the grant application to provide critical funding for the residents of Compton. The Council is not responsible for the day-to day operation of the City, however, the Council must hold Staff accountable for properly performing their duties. The City Council is charged with the responsibility of hiring the City Manager and the City Controller and is prohibited from administrative interference.

Councilmember Duhart thanked the community members for providing their insight and input relative to City administration.

Councilman Bowers commented that although the City Council is not responsible for the day-to- day operation of the City but highlighted that the City is a corporation and the City Council is the Board of Directors, the City Manager is the CEO and the residents are the stakeholders.

Mayor Sharif commended the community for voicing their concerns and further indicated that all issues relating to City government must be addressed through the City Manager as per the Compton City Charter.

ADJOURNMENT
On motion by Darden, seconded by Duhart, the Council meeting was adjourned at 10:59 a.m. by the following vote on roll call:

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

CITY CLERK OF THE CITY OF COMPTON MAYOR OF THE CITY OF COMPTON JULY 25, 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 ISSUANCE OF A PURCHASE

ORDER TO THE CALIFORNIA CITIES FOR SELF-RELIANCE

JOINT POWERS AUTHORITY FOR ANNUAL FUNDING
CONTRIBUTION FOR FY 2023-2024 ($35,000)

SUMMARY
Since 2006, the City of Compton has been a member of the California Cities for Self-Reliance Joint Powers Authority (“Authority”). The attached resolution will authorize the City Manager to issue a purchase order to the Authority in the amount of Thirty-Five Thousand Dollars ($35,000.00) as Compton’s annual contribution to the Authority for the 2023-2024 Fiscal Year.

BACKGROUND
In 2001, the cities of Bell Gardens, Commerce, Gardena and Hawaiian Gardens (the “Founding Members”) formed the California Cities for Self Reliance Joint Powers Authority (the “Authority”). Pursuant to California Government Code Section 6500 et seq., the Founding Members executed a Joint Powers Agreement (the “Agreement”). The Agreement was amended in September 2006 to admit the City of Compton and the City of Inglewood as “Trade Members.”
The members of the Authority consist of cities that are authorized to license the operation and ownership of card clubs (i.e. gaming establishments) and regulate the operations thereof. The Authority was formed as a coalition of cities that seek to protect their constituents and ensure the continuation of revenues collected from gaming establishments within their cities. More specifically, the Authority identifies as some of the purposes for which it was created as : (1) to promote and protect the gaming economy of the member cities of the Authority; (2) to seek opportunities for gaming beneficial to the member cities and gaming establishments within their boundaries; (3) to advance the interests of member cities on issues of gaming; (4) to support the interests of gaming establishments in the member cities at regional, state and national levels; and (5) to create gaming opportunities and enter into ventures with all participants in gaming so as to enhance gaming revenues to member cities and the gaming establishments within their boundaries.

2.2.2. Staff Report - Resolution Approving P.O.

California Cities for Self Reliance Joint Powers
Annual Funding ($35,000) From Members
July 25, page 2

STATEMENT OF THE ISSUE
The City’s membership dues must be paid for the City to remain in good standing and for City officials to utilize the above identified benefits and services. The Authority Board of Directors 2023-2024 Fiscal Year projected budget of $227,500 calculated at Authority member cities contributing $35,000.00 each.

FISCAL IMPACT
Funds for this expenditure are available in the 2023-2024 Fiscal Year Budget in Account No. 1001-510-000-4219 (Memberships and Publishing).

RECOMMENDATION
It is recommended that the attached Resolution be adopted.

JERRY GROOMES

CITY MANAGER
RESOLUTION NO. __________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON

AUTHORIZING THE ISSUANCE OF A PURCHASE ORDER TO THE

CALIFORNIA CITIES FOR SELF-RELIANCE JOINT POWERS
AUTHORITY FOR ANNUAL FUNDING CONTRIBUTION FOR FY 2023-
2024 ($35,000)
WHEREAS, Section 6500 et seq., of the California Government Code provides that two or more cities may, by agreement, jointly exercise any powers common to the cities to the agreement and may by that agreement create an entity which is separate; and
WHEREAS, the California Cities for Self-Reliance Joint Powers Authority (“Authority”) was formed on July 11, 2001, by the execution of a Joint Powers Authority Agreement (“Agreement”) by and between the cities of Bell Gardens, Commerce, Gardena and Hawaiian Gardens; and
WHEREAS, on September 12, 2006, the cities of Bell Gardens, Commerce, Gardena and Hawaiian Gardens approved Addendum to the Agreement to admit the City of Compton and the City of Inglewood as Trade Members of the Authority; and
WHEREAS, members of the Authority consist of cities that are authorized to license the operation and ownership of card clubs (i.e. gaming establishments), license employees to work in gaming establishments and otherwise regulate the operations of gaming establishments; and
WHEREAS, the Authority was formed as a coalition of cities that seek to protect their constituents and ensure the continuation of revenues collected from gaming establishments within their cities; and
WHEREAS, the City’s membership dues must be paid for the City to remain in good standing and for City officials to utilize the above identified benefits and services; and
WHEREAS, the Authority Board of Directors 2023-2024 Fiscal Year projected budget of $227,500 calculated at Authority member cities contributing $35,000.00 each; and
WHEREAS, funds for this expenditure are available in the 2023-2024 Fiscal Year budget.

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 in the amount of Thirty-FiveThousand Dollars ($35,000.00) to the California Cities for Self-Reliance Joint Powers Authority as payment for the City of Compton’s 2023-2024 Fiscal Year contribution to the pay annual membership dues to California Cities for Self-Reliance Joint Powers Authority.

SECTION 2.That funds are available in the 2023-2024 Fiscal Year Budget, in Account No. 1001-510-000-4219.

SECTION 3.That a certified copy of this Resolution shall be filled in the offices of the City Manager, City Clerk and the City Controller.

SECTION 4.That the Mayor shall s ign 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 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 MEMBERS-
NOES: COUNCIL MEMBERS-
ABSENT: COUNCIL MEMBERS-
ABSTAIN: COUNCIL MEMBERS-
___________________________________

CITY CLERK OF THE CITY OF COMPTON

July 25, 2023
TO: MAYOR AND CITY COUNCIL MEMBERS
FROM: CITY MANAGER
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON DECLARING THAT CERTAIN PROPERTY LOCATED AT 1434 W.

COMPTON BOULEVARD IN THE CITY OF COMPTON IS EXEMPT

SURPLUS LAND PURSUANT TO GOVERNMENT CODE SECTIONS
54221(b) AND 54221(f)(1)(A), APPROVING AN EXCLUSIVE

NEGOTIATING AGREEMENT BETWEEN THE CITY AND LANDSPIRE

GROUP LLC WITH RESPECT TO THE PROPOSED SALE OF THE

PROPERTY TO LANDSPIRE GROUP LLC AND THE DEVELOPMENT

OF AN AFFORDABLE HOUSING PROJECT THEREON, FINDING THAT

THIS ACTION IS EXEMPT FROM THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT (CEQA), AND TAKING RELATED
ACTIONS.

SUMMARY
Staff respectfully requests the City Council to adopt the attached Resolution declaring that the property owned by the City and located at 1434 W. Compton Boulevard (the “Property”) is exempt surplus land under the Surplus Land Act (Government Code Section 54220-54234) (the “SLA”), and approving the execution and delivery of a new Exclusive Negotiating Agreement (the “ENA”) between the City, as the Housing Successor to the former Community Redevelopment Agency of the City of Compton (the “City”), and Landspire Group LLC (the “Developer”),

BACKGROUND
The Developer previously entered into an ENA with the City on September 15, 2020 for the development of this property, but it expired and was not renewed.

Pursuant to Section 54221(b)(1) of the SLA, the City Council must take formal action in a regular public meeting to declare the Property “surplus land” or “exempt surplus land” before the City Council takes action to dispose of the Property. The SLA will not apply to the disposition of the Property if the Property is exempt surplus land as defined in Section 54221(f)(1) of the SLA.

Section 54221(f)(1)(A) of the SLA defines “exempt surplus land” to include surplus land that is transferred pursuant to Government Code Section 37364.

Government Code Section 37364 authorizes a city to sell, lease, exchange, quitclaim, convey, or otherwise dispose of real property to provide housing affordable to persons and families of low or moderate income provided that the following conditions are met:
(a) Not less than 80 percent of the area of the parcel will be used for the development of housing; and

3.3.3. Staff Report – Resolution CC ENA -1434 W. Compton Bl

(b) Not less than 40 percent of the total number of those housing units developed on the parcel shall be affordable to households whose incomes are equal to, or less than, 75 percent of the maximum income of lower income households, and at least half of which shall be affordable to very low-income households; and
(c) Dwelling units produced for persons and families of low or moderate income under Government Code Section 37364 shall be restricted by regulatory agreement to remain continually affordable to those persons and families for the longest feasible time, but not less than 30 years, with such regulatory agreement recorded in the office of the county recorder in which the housing development is located.

The Developer has proposed to purchase the Property from the City for the purpose of developing an affordable housing project on the Property consisting of 75 apartments and has requested the City to enter into an ENA for the purpose of negotiating on an exclusive basis to establish the terms and conditions of an agreement for the sale of the Property to the Developer. The Developer has proposed an affordable housing project that will comply with Government Code Section 37364. The project includes 75 affordable housing units to be built at 1434 W. Compton Boulevard, a 62,262 square foot site. The City Council must provide a copy of the Resolution to the California Department of Housing and Community Development (“HCD”) at least 30 days prior to the disposition of the Property. The State Legislature has authorized HCD to determine whether actions of local agencies comply with the SLA.

STATEMENT OF THE ISSUE
Because the proposed housing development will meet the requirements of Government Code Section 37364, staff recommends that the City Council declare the Property to be exempt surplus land pursuant to Government Code Sections 54221(b) and 54221(f)(1)(A). The attached Resolution contains a declaration of exemption. Upon adoption of the attached Resolution, staff will provide a copy of the Resolution to HCD.

The attached Resolution also contains a finding that this action is exempt from CEQA.

FISCAL IMPACT
There is no fiscal impact associated with the adoption of the attached Resolution.

RECOMMENDATION
Staff requests the City Council adopt the attached Resolution.

CECIL FLOURNOY

COMMUNITY DEVELOPMENT DIRECTOR
APPROVED FOR FORWARDING:

Staff Report – Resolution CC ENA -1434 W. Compton Bl

JEROME G. GROOMES

CITY MANAGER
RESOLUTION NO. _____________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

COMPTON DECLARING THAT CERTAIN PROPERTY LOCATED AT
1434 W. COMPTON BOULEVARD IN THE CITY OF COMPTON IS

EXEMPT SURPLUS LAND PURSUANT TO GOVERNMENT CODE
SECTIONS 54221(b) AND 54221(f)(1)(A), APPROVING AN EXCLUSIVE

NEGOTIATING AGREEMENT BETWEEN THE CITY AND

LANDSPIRE GROUP LLC WITH RESPECT TO THE PROPOSED SALE

OF THE PROPERTY TO LANDSPIRE GROUP LLC AND THE

DEVELOPMENT OF AN AFFORDABLE HOUSING PROJECT

THEREON, FINDING THAT THE PROJECT IS EXEMPT FROM CEQA,

AND TAKING RELATED ACTIONS
WHEREAS, the City of Compton (“City”) is the owner in fee simple of that certain real property located at 1434 W. Compton Boulevard in the City of Compton which is further described in Exhibit “A”, attached hereto and incorporated herein by reference (the “Property); and
WHEREAS, the City desires to sell the Property for the development of an affordable housing project thereon; and
WHEREAS, pursuant to Section 54221(b)(1) of the Surplus Land Act (Government Code Sections 54220-54234) (the “Act”), the City Council must take formal action in a regular public meeting to declare the Property “surplus land” or “exempt surplus land” before the City Council takes action to dispose of the Property; and
WHEREAS, the Act shall not apply to the disposition of the Property if the Property is exempt surplus land as defined in Government Code Section 54221(f)(1); and WHEREAS, Government Code Section 54221(f)(1)(A) defines “exempt surplus land” to include surplus land that is transferred pursuant to Government Code Section 37364; and WHEREAS, Government Code Section 37364 authorizes a city to sell, lease, exchange, quitclaim, convey, or otherwise dispose of real property to provide housing affordable to persons and families of low or moderate income provided that the following conditions are met:
(a) Not less than 80 percent of the area of the parcel will be used for the development of housing; and
(b) Not less than 40 percent of the total number of those housing units developed on the parcel shall be affordable to households whose incomes are equal to, or less than, 75 percent of the maximum income of lower income households, and at least half of which shall be affordable to very low-income households; and
(c) Dwelling units produced for persons and families of low or moderate income under Government Code Section 37364 shall be restricted by regulatory agreement to remain continually affordable to those persons and families for the longest feasible time, but not less than 30 years, with such regulatory agreement recorded in the office of the county recorder in which the housing development is located; and
WHEREAS, Landspire Group LLC has proposed to purchase the Property for the purpose of developing an affordable housing project on the Property consisting of 75 affordable apartments (“Proposal”); and
WHEREAS, staff has recommended that the City enter into an Exclusive Negotiating Agreement (“ENA”) with Landspire Group LLC for the purpose of negotiating on an exclusive basis to establish the terms and conditions of an agreement for the sale of the Property to Landspire Group LLC and the construction of a housing development on the Property by Landspire Group LLC which complies with the Proposal and Government Code Section 37364; and
WHEREAS, because the proposed housing development will meet the requirements of Government Code Section 37364, staff has also recommended that the City Council declare the Property to be exempt surplus land pursuant to Government Code Sections 54221(b) and 542321(f)(1)(A); and
-2-
WHEREAS, the City Council desires to approve an ENA with Landspire Group LLC and declare the Property exempt surplus land pursuant to Government Code Section 54221(f)(1)(A); and
WHEREAS, pursuant to the Surplus Land Act Guidelines issued by the California Department of Housing and Community Development (“HCD”) to interpret and implement the Act, the City Council’s determination that the Property is exempt surplus land must be provided to HCD for its review at least 30 days prior to disposition;

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

SECTION 1. That the above recitals are true and correct and are a substantive part of this Resolution.

SECTION 2. That the City Council hereby finds that the Property is not being used, and is not planned to be used, for City work or operations and is not necessary for the City’s use within the meaning of the Act and declares pursuant to Government Code Sections 54221(b) and 54221(f)(1)(A), that the Property is exempt surplus land because the City intends to sell the Property for the development of an affordable housing project on the Property which complies with the requirements of Government Code Section 37364.

SECTION 3.That Upon the advice and approval of the City Attorney, the City Manager is hereby authorized to execute and deliver, for and in the name of the City, the ENA substantially in the form attached hereto as Exhibit “B” and incorporated hereby by reference, with such non-substantive changes therein as the City Manager may approve (such approval to be conclusively evidenced by the execution and delivery thereof).

SECTION 4.That staff of the City are hereby authorized and directed to submit a copy of this Resolution to HCD in the manner required by HCD.

SECTION 5.That the staff and officers of the City are hereby authorized, jointly and severally, to take any other such actions as they deem necessary or proper to effectuate the purposes of this Resolution, and all actions previously taken are hereby ratified.

SECTION 6.That this Resolution has been reviewed with respect to the applicability of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) (“CEQA”). The City Council hereby finds this action is statutorily and categorically exempt from CEQA.

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
-3-

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss

CITY OF COMPTON )
I, Vernell McDaniel, City Clerk of the City of Compton, do 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 Members -
NOES: Council Members -
ABSENT: Council Members -
ABSTAIN: Council Members -
__________________________________________

CITY CLERK OF THE CITY OF COMPTON

EXHIBIT A

LEGAL DESCRIPTION OF SUBJECT PROPERTY
Real property in the City of Compton, County of Los Angeles, State of California, described as follows:

TR=6627 LOTS 10 THRU 24 AND EX OF STS LOT 25 BLK F
APN NUMBER:
6142-006-901

EXHIBIT B

EXCLUSIVE NEGOTIATING AGREEMENT
-1-

EXCLUSIVE NEGOTIATING AGREEMENT
This EXCLUSIVE NEGOTIATING AGREEMENT (this “Agreement”) is dated as of July __, 2023 (the “Effective Date”), and is entered into, by and between the CITY OF COMPTON, a municipal corporation (the “City”) and LANDSPIRE GROUP LLC, a Nevada limited liability company, or its successors and assigns (the “Purchaser”).

R E C I T A L S
A. The City of Compton, State of California, owns the land that is located at 1434 W.

Compton Blvd., Compton, CA 90220, and further described in Attachment No. 1 (the “Site”).

B. The City has instructed the staff to proceed with this Agreement between City and Purchaser to negotiate on an exclusive basis to establish the terms and conditions of a purchase and sale agreement (“PSA”) between the City and the Purchaser (each, a “Party” and jointly, the “Parties”) that would result in the sale of the Site by the City to Purchaser and the development by the Purchaser on the Site of a residential project consisting of 75 apartments which complies with Government Code Section 37364.

C. The primary purpose of this Agreement is to establish a period during which the Parties shall negotiate the terms of a PSA.

NOW, THEREFORE, the parties hereto agree as follows:

1. The term of this Agreement shall commence on the date hereof and shall end on the date that is three months thereafter (the “ENA Period”), during which period the Parties agree to negotiate diligently and in good faith with one another. The City Manager shall have the authority (in the exercise of his sole discretion) to enter into non- substantial amendments to this Agreement including the extension of the ENA Period, provided they are in writing and signed by both the City Manager and the Purchaser.

2. Either Party may terminate this Agreement if the other Party fails to comply with or perform any provisions of this Agreement and fails to cure the default within ten (10) days after written notice from the other party. In addition, the City Manager may terminate this Agreement after providing ten (10) days written notice to the Purchaser if the City Manager, in his or her sole discretion, determines that such termination is necessary or appropriate in connection with the City’s compliance with the Surplus Land Act (Government Code Sections 54220-54234) and the Surplus Land Act Guidelines issued by the California Department of Housing and Community Development with respect to the disposition of the Site.

3. During the ENA Period, the City shall not negotiate with any person or entity other than the Purchaser for the sale, lease or development of the Site.

4. The Purchaser shall deliver the materials and information identified on Attachment No. 2 attached hereto to the City within the times set forth on Attachment No. 2. The City shall perform the tasks set forth in Attachment No. 3. within a reasonable timeframe following the Effective Date. Unless otherwise required by applicable law, the information exchanged between the City and the Purchaser shall be kept confidential (the “Confidential Information”) and neither -2-
Party shall disclose any Confidential Information to any third party or use the Confidential Information for any purpose other than in connection with the proposed transaction hereunder.

Notwithstanding the foregoing, the Parties may, but only to the limited extent necessary, disclose the Confidential Information to those agents, employees, managers, members, shareholders, officers and directors of the receiving Party having a need to know the Confidential Information to further the proposed transaction.

5. Throughout the ENA Period, City staff shall be reasonably available to meet with the Purchaser to discuss the proposed PSA.

6. The Purchaser and the City understand and agree that neither is under any obligation whatsoever to enter into a PSA. In the event of the expiration or earlier termination of this Agreement, the City shall be free at the City's option to negotiate with any persons or entities with respect to the sale, lease and/or development of the Site.

7. This Agreement may not be assigned by the Purchaser without the prior written consent of the City, in its sole and absolute discretion. The City acknowledges, however, that the Purchaser is in the process of forming a new affiliate entity, Landspire Garvey, LLC (“Landspire Garvey”) to hold title to the Site, and the City will allow assignment to Landspire Garvey upon its approval of Landspire Garvey’s governing documents, in its good faith and reasonable discretion.

8. The City may utilize the Site during the ENA Period for storage, parking, logistics or for any other City purposes. The City will provide the Purchaser with seven (7) days’ written notice prior to any temporary use of the Site.

9. Any notice, request, approval or other communication to be provided by one party to the other shall be in writing and provided by certified mail, a reputable overnight delivery service (such as Federal Express) or by email (as indicated below) and addressed as follows:

If to the City: City of Compton
205 South Willowbrook Avenue
Compton, California 90220
Attn: Jerome Groomes, City Manager
Email: [email protected]
Attn: Cecil Flournoy
Community Development Director
Email: [email protected]
If to the Purchaser: LandSpire Group, LLC
2082 Michelson Dr
Suite 219
Irvine, CA 92612
Attn: Justin Davis, Chief Operating Officer
Email: [email protected]

10. This Agreement constitutes the entire agreement of the Parties hereto with respect to the subject matter hereof. There are no other agreements or understandings between the Parties -3-
with respect to the subject matter hereof or any related subject and no representations by either Party to the other have been made as an inducement to enter into this Agreement. All prior negotiations between the parties are superseded by this Agreement.

11. This Agreement may not be altered, amended or modified except by a writing executed by all Parties.

12. If any Party should bring any legal action or proceeding relating to this agreement or to enforce any provision hereof, or if the Parties agree to arbitration or mediation relating to this Agreement, each party shall bear its own attorneys’ fees and costs incurred in compelling the enforcement of this Agreement. The Parties agree that any legal action or proceeding or agreed- upon arbitration or mediation shall be filed in and shall occur in the County of Los Angeles.

13. The interpretation and enforcement of this Agreement shall be governed by the laws of the State of California.

14. Time is of the essence of each and every provision hereof.

15. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same Agreement. [Remainder of this page intentionally left blank]
[Signatures follow on next page]
-4-
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day and year first written above.

PURCHASER:

LANDSPIRE GROUP, LLC,
a Nevada limited liability company
By:

Name: ,
Title:

By:

Name:

Title:

CITY:

CITY OF COMPTON,
a municipal corporation
By:

Name: Jerome G. Groomes
Title: City Manager
ATTEST:

Vernell McDaniel, City Clerk
APPROVED AS TO FORM:

By:

Eric J. Perrodin, City Attorney
-Attachment 1 - Page-1-
ATTACHMENT 1
EXHIBIT “A”
Legal Description of the Land
Real property in the City of Compton, County of Los Angeles, State of California, described as follows:

TR=6627 LOTS 10 THRU 24 AND EX OF STS LOT 25 BLK F
APN NUMBERS:
6142-006-901
-Attachment 2 - Page -1-
ATTACHMENT 2

MATERIALS TO BE DELIVERED BY PURCHASER
Item Date Delivered

1. Development Budget. 60 days following the Effective Date

2. Sources and uses of funds for the development. 75 days following the Effective Date

3. Development Schedule, including key
milestones.
75 days following the Effective Date

4. Reserved. days following the Effective
Date

5. Status Report on the Project. Commencing 14 days following the Effective Date
-Attachment 3 - Page -1-
ATTACHMENT 3

CITY TASKS

1. Provide to Purchaser all written information regarding the Site (including any Phase I and Phase II environmental reports) that is in the possession of the City (to the extent not previously delivered to Purchaser) to the extent it is both material and not privileged (under the attorney-client or attorney work product privileged).

2. Obtain an appraisal of the Site (if necessary).

3. Obtain a title report for the Site and deliver a copy thereof to the Purchaser.

4. Prepare first draft of PSA and revise drafts of the PSA as may be required during negotiations with the Purchaser.

July 25, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: CITY ATTORNEY
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON

APPROVING A LIMITED DURATION EMPLOYMENT AGREEMENT
WITH JEROME G. GROOMES TO SERVE AS INTERIM CITY MANAGER

OF THE CITY OF COMPTON

SUMMARY
The City Council will consider adoption of a resolution approving a limited duration Employment Agreement with Jerome G. Groomes to serve as Interim City Manager of the City of Compton while the City conducts its recruitment for a permanent City Manager.

BACKGROUND
The Compton City Charter provides that the City Council shall appoint the City Manager of the City of Compton, who shall be chosen on the basis of his/her executive and administrative qualifications and be paid a salary commensurate with his/her responsibilities as chief administrative officer of the City. The City Manager position is vital to the daily functioning of the City’s government, requiring specialized skills and experience and is responsible to the City Council for the proper administration of all affairs of the City of Compton excepting such matters for which elective officers are made responsible by the Compton City Charter.

State Assembly Bill (“AB”) 340, effective January 1, 2013, amended the Public Employees Retirement Law (“PERL”) to limit how the California Public Employees Retirement System (“CalPERS”) contracting agencies may appoint CalPERS retirees. More specifically, Section 7522.56 of the Government Code was added, which generally prohibits CalPERS retired annuitants from being employed by CalPERS contracting agency without reinstatement from retirement, provides exceptions to this limitation to allow employment without reinstatement when:
● Appointment is either during an emergency to prevent stoppage of public business or because the retired person has skills needed to perform work of limited duration.
● Appointment of the retiree shall not exceed 960 hours or other equivalent limit in a calendar year or fiscal year.
● The rate of pay for the employment shall not be less than the minimum, nor exceed the maximum monthly salary paid to other employees performing

4.4.4. Staff Report – Resolution Approving Limited Duration Employment Agreement with Jerome G. Groomes
Serve as Interim City Manager (Limited to 960 Hours)
July 25, 2023, page 2
Page | 2
comparable duties, divided by 173.333 to equal an hourly rate and no service credit or retirement rights are provided.
●The retiree, during the 12-month period prior to the appointment cannot have received any unemployment insurance compensation arising out of prior employment with a public employer. Compliance with this provision must be certified in writing by the retiree to the employer upon accepting an offer of employment.
●At least 180 days has passed between the appointment and the date of retirement, unless the employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days has passed and the appointment has been approved by the governing body of the employee in a public meeting.
●The 180 day waiting period cannot be excepted or waived if the retiree accepted a retirement incentive upon retirement.

STATEMENT OF ISSUE
On July 11, 2023, the City Council met in closed session during a duly noticed City Council meeting and by a vote of at least a majority voted to appoint Jerome G. Groomes as the Interim City Manager of the City of Compton for a definite and limited period of time while the City conducts its recruitment for a permanent City Manager.

Mr. Groomes will bring over thirty-five (35) years of city government experience, including eighteen (18) years as City Manager. He will assist the City with moving forward City projects and working closely with the City Council with the recruitment of a permanent City Manager. He will serve as Interim City Manager commencing July 12, 2023 for a period not to exceed a total of nine hundred and sixty (960) actual hours worked, or until the City Council appoints a permanent City Manager, whichever occurs first.

At the request of the City Council, and in conformance with the PERL, the City Attorney’s Office has prepared a proposed Employment Agreement for Mr. Groomes to serve as Interim City Manager. Adoption of the attached Resolution will approve the terms and conditions of the Employment Agreement between the City and the Mr. Groomes.

FISCAL IMPACT
In accordance with state law, Mr. Groomes will be compensated at the rate of $125.00 per hour, for actual hours worked. By state law, Mr. Groomes is limited to no more than Nine Hundred Sixty (960) hours of service per fiscal year.

Staff Report – Resolution Approving Limited Duration
Employment Agreement with Jerome G. Groomes
Serve as Interim City Manager (Limited to 960 Hours)
July 25, 2023, page 3
Page | 3
There is no fiscal impact to the General Fund as funds for this interim appointment are included in the 2023-24 Fiscal Year budget.

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

ERIC PERRODIN

CITY ATTORNEY

RESOLUTION NO. __________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON

APPROVING A LIMITED DURATION EMPLOYMENT AGREEMENT
WITH JEROME G. GROOMES TO SERVE AS INTERIM CITY MANAGER OF THE CITY OF COMPTON.

WHEREAS, Section 703 of the Compton City Charter provides that the City Council shall appoint the City Manager of the City of Compton; and WHEREAS, Section 705 of the Compton City Charter provides that the City Manager shall be chosen on the basis of his executive and administrative qualifications and be paid a salary commensurate with his responsibilities as chief administrative officer of the City; and
WHEREAS, the City Manager position is vital to the daily functioning of the City’s government, requiring specialized skills and experience and pursuant to Section 706 of the Compton City Charter is responsible to the City Council for the proper administration of all affairs of the City of Compton excepting such matters for which elective officers are made responsible by the Compton City Charter, and
WHEREAS, State Assembly Bill (“AB”) 340, effective January 1, 2013, amended the Public Employees Retirement Law (“PERL”) to limit how the California Public Employees Retirement System (“CalPERS”) contracting agencies may appoint CalPERS retirees. More specifically, Section 7522.56 of the Government Code was added, which generally prohibits CalPERS retired annuitants from being employed by CalPERS contracting agency without reinstatement from retirement; and WHEREAS, Section 7522.56 provides exceptions to this limitation to allow employment without reinstatement when: (1) the appointment is either during an emergency to prevent stoppage of public business or because the retired person has skills needed to perform work of limited duration; (2) the appointment of the retiree shall not exceed 960 hours or other equivalent limit in a calendar year or fiscal year; (3) the rate of pay for the employment shall not be less than the minimum, nor exceed the maximum monthly salary paid to other employees performing comparable duties, divided by 173.333 to equal an hourly rate and no service credit or retirement rights are provided; (4) the retiree, during the 12-month period prior to the appointment cannot have received any unemployment insurance compensation arising out of prior employment with a public employer; (5) at least 180 days has passed between the appointment and the date of retirement, unless the employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days has passed and the appointment has been approved by the governing body of the employee in a public meeting; and (6) the retiree accepted a retirement incentive upon retirement WHEREAS, on July 11, 2023, the City Council, during a duly noticed City Council meeting, met in closed session and by at least a majority voted to appoint Jerome G Groomes to the position of Interim City Manager of the City of Compton for a definite and limited period of time while the City conducts its recruitment for a permanent City Manager; and
WHEREAS, Jerome G. Groomes will bring over thirty-five (35) years of city government experience, including eighteen (18) years as City Manager and will assist the City with moving forward City projects and working closely with the City Council with the recruitment of a permanent City Manager; and
WHEREAS, Jerome G. Groomes will serve as Interim City Manager commencing July 12, 2023 for a period not to exceed a total of Nine Hundred Sixty (960) actual hours worked, or until the City Council appoints a permanent City Manager, whichever occurs first; and
Resolution No. __________

WHEREAS, the Employment Agreement between Jerome G. Groomes and the City of Compton has been reviewed by this body and is attached hereto; and WHEREAS, Mr. Groomes will be compensated at the rate of $125.00 per hour, for actual hours worked; and
WHEREAS, funds for this expenditure are available in the 2023-2024 Fiscal Year budget.

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

Section 1.That the City Council of the City of Compton hereby approves the attached Employment Agreement between the City of Compton and Jerome G. Grooves appointing Mr. Groomes to serve as Interim City Manager for the City of Compton on a temporary basis for a limited duration of time (i.e., commencing July 12, 2023 and not to exceed a total of nine hundred sixty (960) actual hours worked, or until the City Council appoints a permanent City Manager, whichever occurs first) while the City conducts its recruitment for a permanent City Manager.

Section 2.That Jerome G. Groomes has certified in writing that during the 12- month period prior to his appointment as Interim City Manager for the City of Compton that he has not and will not receive any unemployment compensation arising out of his prior employment since his retirement.

Section 3.That Jerome G. Groomes shall receive compensation for his services rendered as Interim City Manager in the amount of $125.00 per hour, for actual hours worked.

Section 4 .That Jerome G. Groomes shall not be entitled to or receive any service credits or retirement rights from his temporary employment as Interim City Manager for the City of Compton.

Section 5. That Jerome G. Groomes shall not work more than Nine Hundred Sixty (960) hours during the City’s fiscal year, including any time served in other interim appointments during the same fiscal year.

Section 6.That the funds to pay the compensation for the position of City Manager are allocated in the 2023-2024 Fiscal Year budget in Account No. 1001-510- 000-4101.

Section 7.That a certified copy of this Resolution and the attached Employment Agreement, upon execution, shall be filed in the offices of the City Clerk, City Manager, City Attorney and the City Controller.

Section 8.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 ) ss

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 the regular meeting thereof held on the _____ day of ______________, 2023.

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

AYES: COUNCIL MEMBERS –
NOES: COUNCIL MEMBERS –
ABSTAIN: COUNCIL MEMBERS –
ABSENT: COUNCIL MEMBERS –
___________________________________

CITY CLERK OF THE CITY OF COMPTON

EMPLOYMENT AGREEMENT

BETWEEN

CITY OF COMPTON
AND
JEROME G. GROOMES
[Position: Interim City Manager]
This Employment Agreement is made by and between the City Council of the City of Compton (hereinafter “Council”) on behalf of the City of Compton (hereinafter “City”), and Jerome G. Groomes (hereinafter “Groomes” and/or “Interim City Manager”). The City Council, City and Groomes are sometimes individually referred to as a “Party” and collectively as “Parties.”

RECITALS
WHEREAS, the Compton City Charter provides that the City Council shall appoint the City Manager of the City of Compton, who shall be chosen on the basis of his/her executive and administrative qualifications and be paid a salary commensurate with his/her responsibilities as chief administrative officer of the City; and WHEREAS, the City Manager position is vital to the daily functioning of the City’s government, requiring specialized skills and experience and pursuant to Section 706 of the Compton City Charter is responsible to the City Council for the proper administration of all affairs of the City of Compton excepting such matters for which elective officers are made responsible by the Charter; and
WHEREAS, the Parties wish to have Groomes perform the services of Interim City Manager, an Unclassified Service position which requires specialized skills and expert professional or technical services, for a definite period of time while the City conducts its recruitment for a permanent City Manager and will terminate such services with Groomes upon the City Council’s recruitment of a permanent City Manager, unless this Agreement is otherwise terminated prior thereto; and
WHEREAS, California Government Code, Section 21221(h) permits retired annuitants under the California Public Employees Retirement System (“CalPERS”), to be employed without reinstatement from retirement upon appointment by a public agency to fill a vacant position on an interim basis during recruitment to permanently fill the vacant position; and
WHEREAS, as a CalPERS retired annuitant under California Government Code, Section 21221(h), Groomes possesses over thirty-fiveforty (3540) years of experience in city government, including eighteen twenty (1820) years as city manager, has the skill set to perform the required duties of the Compton Interim City Manager and acknowledges that such employment is at-will and of limited duration for a definite period of time, as herein described; and
WHEREAS, on July 11, 2023, the Council, during a duly noticed City Council meeting, met in closed session and voted to appoint Groomes to the position of Interim City Manager of the City of Compton on a temporary basis for a limited duration for a Employment Agreement – Jerome G. Groomes
Interim City Manager Position – Effective 7/12/23
[Resolution No. _______]

definite period of time while the City conducts its recruitment for a permanent City Manager; and
WHEREAS, it is the desire of the City Council to establish the terms and conditions of Groomes’ services to the City through this Agreement; and WHEREAS, on July 25, 2023, the Council adopted Resolution No. _______, which approved this Employment Agreement between the City and Groomes for the position of Interim City Manager of the City.

NOW, THEREFORE, Groomes and the City, for the consideration, terms and conditions herein described, mutually agree as follows:

Section 1. Employment and Term of Service

1.1 Employment.It is understood and agreed between the Parties that the Council hereby agrees to employ Groomes in the Unclassified Service position of Interim City Manager of the City of Compton for a definite period of time and Groomes hereby accepts such limited employment.

1.2 Term of Service.
a.The term of this Employment Agreement shall begin on July 12, 2023, and shall not exceed a total of Nine Hundred Sixty (960) actual hours of work, or until a permanent City Manager is hired by the City, whichever occurs first, unless terminated prior thereto by either Party. The Parties understand that services beyond Nine Hundred Sixty (960) hours are subject to CalPERS pursuant to Section 21221(h) of the California Government Code.
b.Groomes agrees that he shall not accept any other employment during the term of this Agreement without the express written prior consent of the City Council. In consideration of the agreed term and the other provisions of this Agreement, the Parties mutually agree to waive Compton Municipal Code Section 2-2.9 (Limitation on Removal) in all circumstances where it may otherwise apply, if any. c.If the City Council appoints a permanent City Manager before a total of Nine Hundred Sixty (960) actual hours has been worked by Groomes, Groomes services and this Agreement shall terminate within such time thereafter as the Parties shall agree upon in writing.
d.If the City Council does not appoint a permanent City Manager by or before Groomes exceeds Nine Hundred Sixty (960) actual hours worked, the term of this Agreement may be extended for so long as required for the City Council to identify and appoint a permanent City Manager; provided that if such extension would cause Groomes’ services hereunder to exceed a total of Nine Hundred Sixty (960) hours, the Parties understand that such additional service is subject to approval by the CalPERS pursuant to California Government Code, Section 21221(h). In such instance, the Parties agree to cooperate to take such action necessary to secure approval from CalPERS.

Employment Agreement – Jerome G. Groomes
Interim City Manager Position – Effective 7/12/23
[Resolution No. _______]

1.3 City Manager’s Commitments.
a. Duties and Authority.
(1)The Interim City Manager shall be the chief executive officer of the City and be responsible to the City Council for the proper administration of all affairs of the City, excepting such matters for which elective officers are made responsible by the Compton City Charter.
(2)The Interim City Manager shall perform all of the duties of the City Manager as set forth in the Compton City Charter, the Compton Municipal Code and City policies and procedures approved by the City Council, as may be provided from time to time. The Interim City Manager shall also perform other legally permissible and proper duties and functions as the City Council may assign from time to time. (3)The City Council may also designate the Interim City Manager as the chief executive officer of other City-related legal entities. Such other legal entities could include, but not be limited to financing authorities and joint powers authorities. b. Hours of Work.
(1)The Interim City Manager is an exempt employee but is expected to engage in those hours of work that are necessary to fulfill the obligations to the City Manager’s position. The Interim City Manager does not have set hours of work as the Interim City Manager is expected to be available at all times, and shall be available for attendance at City Council and other meetings as necessary. The Interim City Manager shall be permitted such reasonable “time off” as is customary for exempt employees of the City so long as the time off does not interfere with normal business. Notwithstanding the foregoing, under no circumstances shall Groomes work more than Nine Hundred Sixty (960) hours during any City fiscal year, including any time served in other interim appointments.
(2)Groomes agrees that his position is that of an exempt employee for purposes of the Fair Labor Standards Act (“FLSA”).
c.Ownership of Materials.Groomes understands and agrees that all data, studies, reports and other documents prepared by or on his behalf while performing his duties during the term of this Agreement shall be furnished to and become the property of the City, without restriction or limitation on their use. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other materials either created by or on his behalf or provided to him in connection with the performance of this Agreement shall be held confidential by Groomes to the extent permitted by applicable law, and except as may be required by any governmental agency or court of competent jurisdiction. Such materials shall not, without the prior consent of a majority of the City Council, be used by Groomes for any purposes other than the performance of his duties. Provided, further that no such materials may be disclosed to any person or entity not connected with the performance of services under this Agreement, except as required by law, any governmental agency, subpoena or an order issued by a court of competent jurisdiction.

Employment Agreement – Jerome G. Groomes
Interim City Manager Position – Effective 7/12/23
[Resolution No. _______]

1.4 City Council Commitments.
a.The City Council sets policy for the governance and administration of the City and it implements its policies through the Interim City Manager. b.The City Council commits to spending time, the frequency of which shall be determined by the City Council in its discretion, to work with the Interim City Manager and staff on setting goals and priorities for the City government. c. In accordance with applicable provisions of the Compton City Charter, the Compton Municipal Code and City policies and procedures, except for the purpose of inquiry, the City Council and its members shall deal with all subordinate City employees, officers, contractors and consultants solely through the Interim City Manager or the Interim City Manager’s designee, and neither the City Council nor any member thereof shall give orders to any subordinate of the Interim City Manager, either publicly or privately.

Section 2. Compensation and Reimbursement
The City agrees to provide the following compensation and reimbursements to the Interim City Manager during the term of this Employment Agreement:

2.1 Compensation.It is agreed that for the services to be rendered by Groomes pursuant to this Agreement, effective as of July 12, 2023, Groomes shall receive compensation in the amount of $125.00 per hour, for actual hours worked, which amount is in conformance with the requirements of California Government Code, Sections 7522.56(d) and 21221(h). Groomes shall not receive any benefits, incentives, compensation in lieu of benefits or any other forms of compensation in addition to the hourly rate of $125.00.

2.2 Reimbursable Expenses.Groomes shall not be entitled to reimbursement for any costs or expenses incurred in the performance of Groomes’ duties under this Agreement, unless said costs and expenses have received prior approval of the City Council and are supported by written documentation in accordance with established policies and customary practices of the City.

2.3 Reimbursement for Legal Actions.Groomes shall be fully compensated and reimbursed pursuant to Section 2.1, above, for time spent and costs incurred while representing the City in any legal action during or after the term of this Agreement.

2.4 Provision of Benefits Prohibited.Groomes is a retiree of CalPERS and shall not be enrolled in CalPERS or have any CalPERS retirement contributions reduced from his salary or made on his behalf by the City. Groomes hereby waives all benefits provided to City employees, including retirement contributions, health and medical insurance, dental insurance, visual insurance, life and disability insurance, sick leave, vacation and all similar benefits. Groomes recognizes that California Government Code, Section 21221(h) provides that a retired person appointed to a vacant position pursuant to that section shall not receive any benefits, incentives, compensation in lieu of benefits or any other forms of compensation in addition to the hourly rate.

Employment Agreement – Jerome G. Groomes
Interim City Manager Position – Effective 7/12/23
[Resolution No. _______]

Section 3. Termination or Separation

3.1 Termination.The Council may terminate Groomes’ services with or without cause, and without right of advance notice, hearing or appeal, by motion of the Council adopted by at least three affirmative votes pursuant to section 703 of the Compton City Charter, at any time during the term of this Employment Agreement. Groomes understands and agrees that his employment by the City is of a definite period of time for the performance of specialized services in accordance with California Government Code, Section 21221(h).

Groomes expressly agrees that he shall not be entitled to any severance pay as a result of the termination of this Agreement for any reason whatsoever.

3.2 Voluntary Separation.Groomes may terminate this Agreement at any time with or without cause, provided however, that he shall reasonably provide the City Council with at least two (2) weeks advance written notice prior to the effective date of the termination, if practicable, unless a shorter period is acceptable to the City Council.

3.3 Transfer of Responsibilities.After Notice of Voluntary Separation or Termination, Groomes shall cooperate with the City, as requested by the City, to effect a transition of City Manager responsibilities and duties and ensure that the City is aware of all matters being handled by Groomes.

3.4 No Reappointment.In accordance with state law and the requirements of the California Public Employees Retirement Law, Groomes may not be reappointed to the position of City Manager following the expiration of this Agreement, nor may this Agreement be modified to extend the term of the Agreement.

Section 4. Retired Annuitant Provisions (AB 1344)

4.1 Assembly Bill 1344 Provisions.
a.The Parties agree to fully comply with the California Government Code sections that are part of AB 1344 (Government Code Section 53243), made effective January 1, 2012, and to fully comply with other applicable law as it exists as of the date of execution of this Agreement and as it may be amended from time to time thereafter. b.AB 1344 generally provides limits on local agency employee reimbursement requirements. These provisions are included in the following California Government Code sections, which are hereby incorporated into the terms of this Agreement:
(1)Section 53243. Reimbursement of paid leave salary required upon conviction of crime involving office or position.
(2)Section 53243.1. Reimbursement of legal criminal defense upon conviction of crime office or position.
(3)Section 53243.2. Reimbursement of cash settlement upon conviction of crime involving office or position.

Employment Agreement – Jerome G. Groomes
Interim City Manager Position – Effective 7/12/23
[Resolution No. _______]

(4)Section 53243.3. Reimbursement of non-contractual payments upon conviction of involving office or position.
(5)Section 53243.4. Abuse of office or position defined.

Groomes has reviewed, is familiar with, and agrees to comply fully with each of these provisions if any of these provisions are applicable to Groomes, including that Groomes agrees that any cash settlement related to the termination that Groomes may receive from the City shall be fully reimbursed to the City if Groomes is convicted of a crime involving an abuse of his office or position.
c. AB 1344 also includes California Government Code Section 3511.2.

Notwithstanding any other provisions of this Agreement, it shall be prohibited for the City or through the Agreement or any amendment thereto to provide an automatic renewal hereof that provides for an automatic compensation increase in excess of a cost-of-living adjustment or a maximum cash settlement in excess of certain limits established by Section 3511.2. Government Code, Section 3511.2 is hereby incorporated into the terms of this Agreement.

4.2 No Unemployment Benefits Received by Groomes.Groomes expressly certified and warrants to the City that he has not received any unemployment insurance payments for retired annuitant work for any public employer within the twelve (12) months prior to his appointment date.

4.3 Compliance with 960 Hours Per Fiscal Year Limit.Retired annuitants appointed to an interim position without reinstatement are limited to a combined total of Nine Hundred Sixty (960) hours for all employers each fiscal year, including concurrent appointments pursuant to California Government Code, Sections 21221, 21224 and 21229. Groomes expressly certified and warrants to the City that his anticipated work schedule will not cause him to exceed the 960 hours per fiscal year limit pursuant to California Government Code, Section 21221(h), including work for this or any other CalPERS employer during the current fiscal year.

Section 5. General Provisions

5.1 Amendments.In accordance with state law and the requirements of the California Public Employees Retirement System, this Employment Agreement may not be amended to extend the term of this Agreement.

5.2 Conflict of Interest.
a.The Interim City Manager shall not engage in any business or transaction or shall have a financial or other personal interest or association, direct or indirect, which is in conflict with the proper discharge of official duties or would tend to impair independence of judgment or action in the performance of official duties. Personal as distinguished from financial interest includes an interest arising from blood or marriage relationships or close business, personal or political associations. b.The Interim City Manager shall also comply with the conflict of interest provisions of the California Government Code and any Conflict of Interest Code applicable to the Interim City Manager’s City employment.

Employment Agreement – Jerome G. Groomes
Interim City Manager Position – Effective 7/12/23
[Resolution No. _______]

c.The Interim City Manager is responsible for submitting to the City Clerk the appropriate Conflict of Interest Statements at the time of appointment and at the time of separation from the position.

5.3 Indemnification.
a.In accordance with and to the extent provided by California’s Tort Claims Act (Government Code Section 825 et seq.) and Government Code Sections 995- 996.5, the City shall defend and indemnify Groomes against and for all losses sustained by Groomes in direct consequences of the discharge of the Interim City Manager’s duties on the City’s behalf for the period of the Interim City Manager’s employment. This section shall not apply and the City shall not be obligated to indemnify or represent Groomes in any legal matters if the City Council determines that the defense of the action or proceeding by the City would create a conflict of interest between the City and Groomes; or for acts or failure to act because of fraud, corruption or actual malice without entering into a reimbursement agreement with the City approved by the City Council in a form approved by the City Attorney. If the City Council or court of competent jurisdiction determines that Groomes committed actual fraud, corruption or actual malice, then the City shall not provide for the defense of such legal action and Groomes shall reimburse the City all costs plus interest of the City in providing such defense. This section shall also apply to any intentional tort or crime committed by Groomes, to any action outside the course and scope of the services provided by Groomes under this Agreement, or any other intentional or malicious conduct or gross negligence of Groomes.

5.4 Effect of Waiver.The failure of either party to insist on strict compliance with any of the terms, covenants or conditions of this Agreement by the other party shall not be deemed a waiver of that term, covenant or condition, nor shall any waiver or relinquishment of any right or power at any one time or times be deemed a waiver or relinquishment of that right or power for all or any other times.

5.5 Entire Agreement.The terms and conditions of this Agreement represent the entire understanding between the City and Groomes regarding Groomes’ employment as the Interim City Manager, and all preliminary negotiations and agreements are deemed a part hereof. No verbal agreement or implied covenant shall be held to vary the provisions of this Agreement.

5.6 Independence of Parties.Each party hereto has had the opportunity to receive independent legal advice with respect to the contents and advisability of making this Employment Agreement and executes this Agreement after having the opportunity to consult with legal counsel.

No provision of this Employment Agreement shall be interpreted for or against any party because that party or his/its legal representative drafted the provisions.

This Agreement shall be deemed to have been drafted by all parties hereto. Each party hereto expressly covenants that the terms of this Employment Agreement are fair and have been freely negotiated by and between each of the parties.

5.7 Arbitration of Salary Dispute.Should a dispute arise between the parties hereto specifically concerning the amount of salary or period for which salary is to be paid, the parties agree that the dispute shall be submitted to binding arbitration. Such arbitration shall be conducted by a mutually agreed arbitrator. Each party hereto shall Employment Agreement – Jerome G. Groomes
Interim City Manager Position – Effective 7/12/23
[Resolution No. _______]

bear one-half of the costs of the arbitration, except each party shall bear their own costs for legal representation and witness fees. The parties agree that any disputes resolved by arbitration shall be final and binding. Any other disputes arising out of Groomes’ employment as Interim City Manager, not specifically referenced herein, shall not be subject to the provisions of this section.

5.8 Severability.If any provision, or any portion thereof, contained in this Employment Agreement is held to be unconstitutional, invalid, or unenforceable, the remainder of this Employment Agreement, or portion thereof, shall be deemed severable, shall not be affected, and shall remain in full force and effect.

5.9 Jurisdiction and Venue.This Employment Agreement shall be construed in accordance with the laws of the State of California, and the Parties agree that venue shall be in Los Angeles County, California.

5.10 Effect of Agreement on Groomes’ CalPERS Retirement Benefits.

The City makes no representation on the impact, if any; this Agreement shall or may have upon Groomes’ CalPERS retirement benefits, status, duties and/or obligations. Groomes acknowledges that in entering into this Agreement he has not relied upon any representations in assessing the CalPERS-related impact of his employment. Groomes releases the City, its officials, officers, employees, agents and volunteers from any and all CalPERS-related claims or liabilities that may arise in connection with his employment pursuant to this Agreement.

5.9 Notice.Any notice, amendments or additions to this Employment Agreement, including change of address during the term of this Agreement, which the Interim City Manager or the City shall be required, or may desire, to make shall be in writing and shall be sent by prepaid first class mail or hand-delivered to the respective Parties as follows:

If to the City: City Clerk
City of Compton
205 South Willowbrook Avenue
Compton, California 90220
With copy to: City Attorney
City of Compton
205 South Willowbrook Avenue
Compton, California 90220
If to the Interim City Manager:

City Manager
‘ City of Compton
205 South Willowbrook Avenue
Compton, California 90220
[or other address provided in writing to
the City Clerk and City Attorney]

6.0 Effective Date.This Employment Agreement shall become effective, retroactively to July 12, 2023, on approval of the City Council and signed by a majority of the City Council members, Groomes, the City Clerk and the City Attorney.

Employment Agreement – Jerome G. Groomes
Interim City Manager Position – Effective 7/12/23
[Resolution No. _______]

IN WITNESS WHEREOF, the Parties have executed this Employment Agreement. _______________________________ Dated: _______________
Jerome G. Groomes
City of Compton
A Municipal Corporation
Dated: _______________ ____________________________________ Emma Sharif, Mayor
Dated: _______________ ____________________________________ Deidre Duhart, Council Member
First Council District
Dated: _______________ ____________________________________ Andre Spicer, Council Member
Second Council District
Dated: _______________ ___________________________________ Jonathan Bowers, Council Member
Third Council District
Dated: _______________ ___________________________________ Lillie Darden, Council Member
Fourth Council District
Employment Agreement – Jerome G. Groomes
Interim City Manager Position – Effective 7/12/23
[Resolution No. _______]

Approved as to form:

By ______________________________ Dated: _________________ Eric J. Perrodin, City Attorney
ATTEST:

Dated: _______________ By _________________________________ Vernell McDaniel, City Clerk
July 25, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: CITY MANAGER
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AMENDING THE PUBLIC WORKS ENGINEERING DEPARTMENT’S
2023-2024 FISCAL YEAR BUDGET TRANSFERRING FUNDS

BETWEEN ACCOUNTS AND AUTHORIZE THE CITY MANAGER TO

AMEND THE CONSTRUCTION CONTRACT WITH AND ESTABLISH A

PURCHASE ORDER FOR HORIZONS CONSTRUCTION
INTERNATIONAL, INC. FOR THE ADDITIONAL WORK PURSUANT TO THE COMPTON FIRE STATION NOS. 1 THROUGH 4 DRIVEWAY AND
APRON IMPROVEMENT PROJECT, CIP# 20-01 ($752,098.60).

SUMMARY
Adoption of this resolution will amend the Public Works Engineering Department’s Fiscal Year 2023-2024 budget transferring funds between accounts and authorize the City Manager to amend the construction contract with and establish a purchase order in the amount of Seven Hundred Fifty Two Thousand Ninety Eight Dollars and Sixty Cents ($752,098.60) for Horizons Construction Company International, Inc. and a Seventy Five Thousand Two Hundred Nine Dollars and Eighty Six Cents ($75,209.86) contingency amount for the additional work pursuant to the Compton Fire Station Nos. 1 through 4 Driveways and Apron Improvement Project, CIP# 20-01.

BACKGROUND
Due to the severely damaged condition of the driveway aprons and fire trucks access routes leading into the apparatus bays at each of the four (4) City Fire Stations, City staff was directed to solicit proposals from qualified engineering firms to provide design services for the 4 fire stations located as follows:

Fire Station 1 Fire Station 3
(Headquarters) (Training Facility)
201 South Acacia Avenue 1133 West Rosecrans Avenue
Compton, CA 90220 Compton, CA 90222
Fire Station 2 Fire Station 4
1320 East Palmer Street 950 West Walnut Avenue
Compton, CA 90221 Compton, CA 90220

5.5.5.5. Staff Report – Resolution Authorizing Construction Contract Amendment Horizons Construction Company International, Inc.

Compton Fire Stations Nos. 1-4 Driveways and Apron
Improvement Project CIP #20-01
July 25, 2023, Page 2 of 7
Design Phase
In February 2019, staff received three proposals from qualified engineering firms and the proposal submitted by KOA was the most responsive bidder and on May 21, 2019, pursuant to Resolution No. 25,020, City Council authorized the City Manager to enter into a professional services agreement with KOA, a design engineering firm, to provide design services in the amount of $79,930 to accommodate the fire truck loads entering and leaving the fire station bays as well as an in-depth soils analysis to provide adequate driveway structural strength. Design services were completed in January 2021 and in March 2021, staff moved forward with the construction phase of the project.

Construction Phase
The “Compton Fire Stations Nos. 1 through 4 Driveways and Apron Improvement Project”, CIP# 20-01 (“Project”) consisted of the following general work description:
construction of PCC driveways, on-site concrete slab accesses and parking lots, dowel bars and tie bars joints, isolated joints, saw cut contraction joints, curb and gutters, sidewalks, aggregate base (Class II), detectable warning surfaces, cold mill, asphalt concrete pavement overlay, full depth of AC slot patch, adjustment of water valve, groundwater monitoring well covers, water meter boxes, and pull boxes.

The Compton Fire Stations Nos. 1 through 4 Driveways and Apron Improvement Project, CIP# 20-01 was advertised for competitive bids on February 10 th and February 17th 2021. Bids were received and opened on March 11, 2021. Nine (9) bids were received and the bid submitted by Horizons Construction Company International, Inc was the lowest bidder.

On April 13, 2021, pursuant to Resolution No. 25,444, City Council authorized the City Manager to enter into a construction contract with an establish a purchase order for Horizons Construction Company International, Inc. for the Compton Fire Stations Nos. 1 through 4 Driveways and Apron Improvement Project, CIP# 20-01 in the amount of $584,700.25. The Project was specified to be completed in 60 working days.

As part of the pre-construction activities, staff and the contractor performed a site visit to verify and compared the scope of work identified in the plans and the current conditions of each fire station based on the design plans completed in 2021.

The original scope of work only covered portions of the severely damaged parking lots at all four fire stations. The City desired to repair the damaged pavement at all four stations in its entirety which would require an additional funding allocation.

Staff Report – Resolution Authorizing Construction Contract Amendment Horizons Construction Company International, Inc.

Compton Fire Stations Nos. 1-4 Driveways and Apron
Improvement Project CIP #20-01
July 25, 2023, Page 3 of 7
In June 2021, after conducting a pre-construction inspection of the sites prior to construction, City staff and management determined that the current pavement conditions of the 4 fire stations were severely damaged and that additional work was necessary to bring the parking lots up to an adequate level of service in order to meet City standards.

As a result, City staff requested that the contractor provide a list of additional work that needed to be included as part of the project. Therefore, the following Change Orders (CO) were requested as follows in the below Change Order Summary Report which was developed for City Council’s consideration:

Change Order Summary Report
CCO # Fire Station No. Description Cost

1. Fire Station Nos.1 &
2 Additional labor and materials needed
to increase the limits of pavement
removal at Fire Stations 1 and 2
$54,190.90

2. Fire Station No. 1 Additional labor and materials needed to replace the 3” diameter water line at
Fire Station No. 1
$20,000.00

3. Fire Station No. 1 Additional labor and materials needed to replace the area where redbrick is
located in the driveway, install new
concrete to the longitudinal gutter
including replacing a portion of the
longitudinal gutter where cracked. This
also includes deleting the original
proposed sidewalk jog on both sides of
Acacia Street driveway and proving
ADA access across the driveway which
includes modifying the sidewalk and
curbs on both sides of the driveway to
accommodate ADA access. This also
includes the removal of the turnabout
and the phasing of the driveway on
Acacia Street to allow fire truck access
at all times
$ 9,100.00

4. Fire Station No. 1 Additional labor and materials needed to replace the additional asphalt area
on Palm Avenue to centerline to cover
the potholed area.
$ 6,900.00

5. Fire Station No. 1 &
2 Additional labor and materials needed
to replace the additional sidewalk area
on Palm Avenue due to the tree well,
$20,840.90
Staff Report – Resolution Authorizing Construction Contract Amendment Horizons Construction Company International, Inc.

Compton Fire Stations Nos. 1-4 Driveways and Apron
Improvement Project CIP #20-01
July 25, 2023, Page 4 of 7
unforeseen utility adjustments at Fire
Station No. 2, removal of base in the
back lot unaccounted for in Change
Order No. 1, 17 concrete wheel stops
and materials testing

6. Fire Station No. 1 Fire Station No. 1 Gate Improvement - installed antenna to extend the radio
receiver and wheel stops, and striping;
Fire Station No. 2 Gate Improvements
– installation of prefabricated loop to
serve as a combo loop was ran inside
½ pvc conduit, sawcut installation of
outside safety loop concrete sealant 16
awg wire, enforcer 50 ft. photo eye for
safety application, removed keypad
from north side post and re-install it at
south side post and wired it into
operator
$20,830.20

7. Fire Station No. 4 Additional labor and materials needed to replace the additional paving areas
at Fire Station No. 4
$125,500.00
ORIGINAL CONTRACT AMOUNT $584,700.25
CHANGE ORDER NOS. 1-7 TOTAL
AMOUNT
$257,362.00
NEW CONTRACT AMOUNT $842,062.25
The contractor began construction on June 14, 2021 at Fire Station No. 1 and completed the construction work at the following fire stations in the order indicated below:

Location Start Date Completion Date Status
Fire Station No. 1 6/14/2021 10/1/2021 Completed
Fire Station No. 2 9/2/2021 9/17/2021 Completed
Fire Station No. 4 9/21/2021 11/30/2021 Completed
Fire Station No. 3 Pending Pending Redesign
Fire Stations Nos. 1, 2, & 4 were completed at a total cost of $842,062.25 which was $257,362.00 above the authorized contract. The available funding allocated to the project had been exhausted. City staff requested that an additional $257,362.00 be authorized to pay the contractor for services rendered at Fire Stations Nos. 1, 2 & 4.

On December 14, 2021, pursuant to Resolution No. 25,592, City Council authorized the City Manager to amend (First Amendment) the Construction Contract with and establish a purchase order with Horizon in the amount of $257,362 for the work completed at Fire Stations Nos. 1, 2 & 4.

Staff Report – Resolution Authorizing Construction Contract Amendment Horizons Construction Company International, Inc.

Compton Fire Stations Nos. 1-4 Driveways and Apron
Improvement Project CIP #20-01
July 25, 2023, Page 5 of 7
Fire Station No. 3 Drainage Issue
The City experienced drainage issues at Fire Station No. 3. As a result, any discharge from the fire station could cause runoff overland from its paved surfaces into Gonzales Park. This drainage issue could cause damage to the nearby baseball diamond and the City desired to implement a drainage solution to prevent this from occurring.

On September 9, 2021, City staff and its engineering consultant recommended that the City contact Psomas regarding the Gonzales Park best management practices to find a resolution for the drainage issue at Fire Station No. 3. Psomas was the consultant that prepared the drainage plans for Gonzales Park Drainage Improvement project which was completed in November 2012.

On September 22, 2021, City staff requested that Psomas submit a proposal to resolve the drainage issue associated with the work at Fire Station No. 3. The civil engineering scope for this portion of the project was to review a potential drainage solution for Fire Station No. 3.

On November 2, 2021, pursuant to Resolution No. 25,573, City Council authorized the City Manager to enter into a professional services agreement with and establish a purchase order for Psomas to provide design engineering services related to the drainage issue located at Fire Station No. 3 in the amount of $48,950.

On May 23, 2022, the design engineer recommend the construction of a drainage swale on the parks perimeter. This was the simplest, low cost and low maintenance solution for the drainage condition at Fire Station No. 3.

On November 8, 2022, Psomas submitted the Bid Schedule to provide to the contractor the cost to complete the drainage portion of the work at Fire Station No. 3. The scope of work included water pollution control, erosion control & best management practices, adjusting the existing sprinkler systems, construction survey, relocate existing backflow preventer, earthwork, remodel existing curb drain, formwork, concrete, dowel joints, construct concrete block slough wall, and irrigation and landscape improvements.

On January 25, 2023, Horizon Construction Company International, Inc. provided a proposal to complete only the drainage portion of the work at Fire Station No. 3. in the amount of $213,073 and a completion time of 45 working days.

On March 7, 2023, pursuant to Resolution No. 25,798, City Council authorized the City Manager to amend the Construction Contract with and establish a purchase order for Horizons Construction Company International for the additional work to complete only the drainage portion of the work at Fire Station No. 3. in the amount of $213,073.

Staff Report – Resolution Authorizing Construction Contract Amendment Horizons Construction Company International, Inc.

Compton Fire Stations Nos. 1-4 Driveways and Apron
Improvement Project CIP #20-01
July 25, 2023, Page 6 of 7

STATEMENT OF ISSUE
The amendment of the Construction Contract only covered the construction of the drainage issue. However, the cost did not include the concrete work of the entire area of Fire Station No. 3. It is the City’s desire to complete the entire portion of the rear parking lot at this station.

On May 2, 2023, Horizon provided a proposal to City staff to complete the recommended concrete portion of Fire Station No. 3 in the amount of $752,098.60 and 60 working days. The scope of work will include the following:

Compton Fire Station No. 3
Driveway and Parking Lot Areas
1 BMPS – Erosion &
Sediment Control
1 LS $4,800 1.10 $5,280 $ 5,280.00
2 Sawcut, Remove and
Dispose Existing Concrete
Slab, Driveway, Sideway,
Unclassified Materials
34840 SF $ 4.50 1.10 $4.95 $172,458.00
3 Construct PCC Slab (8”
Thick – Rapid Strength)
34840 SF $10.40 1.10 $11.44 $398,569.60
$576,307.60

Gravel Pit Area
1 Sawcut, Remove and
Dispose Existing Concrete
Slab, Driveway, Sidewalk,
Unclassified Materials
7380 SF $ 4.50 1.10 $4.95 $ 36,531.00
2 Construct PCC Slab (8”
Thick – Rapid Strength)
7380 SF $10.40 1.10 $11.44 $84,427.20
$120,958.20
Grass Area No. 1
1 Remove and Dispose of
Grass and Dirt and Curb at
Grass Area No. 1
1820 SF $ 3.00 1.10 $3.30 $ 6,006.00
2 Construct PCC Slab (8”
Thick – Rapid Strength)
1820 SF $ 3.50 1.10 $3.85 $ 20,820.80
$ 26,826.80
Grass Area No. 2
1 Remove and Dispose of
Grass and Dirt and Curb at
Grass Area No. 2
1900 SF $ 3.00 1.10 $3.30 $ 6,270.00
2 Construct PCC Slab (8”
Thick – Rapid Strength)
1900 SF $ 10.40 1.10 $11.44 $ 21,736.00
$ 28,006.00
Staff Report – Resolution Authorizing Construction Contract Amendment Horizons Construction Company International, Inc.

Compton Fire Stations Nos. 1-4 Driveways and Apron
Improvement Project CIP #20-01
July 25, 2023, Page 7 of 7
Therefore, staff recommends City Council amend the Public Works Engineering Department’s 2023-2024 Fiscal Year budget transferring funds between accounts and authorize the City Manager to amend the construction contract (Third Amendment) with and establish a purchase order in the amount of Seven Hundred Fifty Two Thousand Ninety Eight Dollars and Sixty Cents ($752,098.60) for Horizons Construction Company International, Inc. and a Seventy Five Thousand Two Hundred Nine Dollars and Eighty Six Cents ($75,209.86) contingency amount for the additional concrete work pursuant to the Compton Fire Station Nos. 1 through 4 Driveways and Apron Improvement Project, CIP# 20-01.

FISCAL IMPACT
The Public Works Engineering Department’s Fiscal Year 2023-2024 budget will be amended transferring funds between accounts as follows:

From:

Account No. Description Amount
2810-710-000-4269 Other Contract Services $827,308.46
ARP Fund
To:

Account No. Description Amount
2810-712-001-4331 Buildings Capital Outlay $827,308.46
Funds in the amount of $827,308.46 will be available in the Public Works Engineering Department’s 2023-2024 Fiscal Year budget in Account No. 2810-712-001-4331.

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

JOHN D. STRICKLAND, JR,

DIRECTOR OF PUBLIC WORKS/CITY ENGINEER
APPROVED FOR FORWARDING:

JERRY GROOMES

CITY MANAGER
RESOLUTION NO. __________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AMENDING THE PUBLIC WORKS ENGINEERING DEPARTMENT’S 2023- 2024 FISCAL YEAR BUDGET TRANSFERRING FUNDS BETWEEN

ACCOUNTS AND AUTHORIZE THE CITY MANAGER TO AMEND THE

CONSTRUCTION CONTRACT WITH AND ESTABLISH A PURCHASE ORDER FOR HORIZONS CONSTRUCTION COMPANY INTERNATIONAL, INC. FOR

THE ADDITIONAL WORK PURSUANT TO THE COMPTON FIRE STATION NOS. 1 THROUGH 4 DRIVEWAY AND APRON IMPROVEMENT PROJECT, CIP# 10-02 ($752,098.60).

WHEREAS,adoption of this resolution will amend the Public Works Engineering Department’s Fiscal Year 2023-2024 budget transferring funds between accounts and authorize the City Manager to amend the construction contract with and establish a purchase order in the amount of Seven Hundred Fifty Two Thousand Ninety Eight Dollars and Sixty Cents ($752,098.60) for Horizons Construction Company International, Inc. and a Seventy Five Thousand Two Hundred Nine Dollars and Eighty Six Cents ($75,209.86) contingency amount for the additional work pursuant to the Compton Fire Station Nos. 1 through 4 Driveways and Apron Improvement Project, CIP# 20-01; and
WHEREAS, due to the severely damaged condition of the driveway aprons and fire trucks access routes leading into the apparatus bays at each of the four (4) City Fire Stations, City staff was directed to solicit proposals from qualified engineering firms to provide design services for the 4 fire stations located as follows:

Fire Station 1 Fire Station 3
(Headquarters) (Training Facility)
201 South Acacia Avenue 1133 West Rosecrans Avenue
Compton, CA 90220 Compton, CA 90222
Fire Station 2 Fire Station 4
1320 East Palmer Street 950 West Walnut Avenue
Compton, CA 90221 Compton, CA 90220; and
WHEREAS,on February 2019, staff received three proposals from qualified engineering firms and the proposal submitted by KOA was the most responsive bidder and on May 21, 2019, pursuant to Resolution No. 25,020, City Council authorized the City Manager to enter into a professional services agreement with KOA, a design engineering firm, to provide design services in the amount of $79,930 to accommodate the fire truck loads entering and leaving the fire station bays as well as an in-depth soils analysis to provide adequate driveway structural strength; and WHEREAS,design services were completed in January 2021 and in March 2021, staff moved forward with the construction phase of the project; and WHEREAS,the “Compton Fire Stations Nos. 1 through 4 Driveways and Apron Improvement Project”, CIP# 20-01 (“Project”) consisted of the following general work description: construction of PCC driveways, on-site concrete slab accesses and parking lots, dowel bars and tie bars joints, isolated joints, sawcut contraction joints, curb and gutters, sidewalks, aggregate base (Class II), detectable warning surfaces, cold mill, asphalt concrete pavement overlay, full depth of AC slot patch, adjustment of water valve, groundwater monitoring well covers, water meter boxes, and pull boxes; and WHEREAS,the Compton Fire Stations Nos. 1 through 4 Driveways and Apron Improvement Project, CIP# 20-01 was advertised for competitive bids on February 10 th and February 17th 2021; and
WHEREAS, nine bids were received on March 11, 2021 and the bid submitted by Horizons Construction Company International, Inc was the lowest bidder; and Resolution No. _________

WHEREAS,on April 13, 2021, pursuant to Resolution No. 25,444, City Council authorized the City Manager to enter into a construction contract with an establish a purchase order for Horizons Construction Company International, Inc. for the Compton Fire Stations Nos. 1 through 4 Driveways and Apron Improvement Project, CIP# 20-01 in the amount of $584,700.25 and the Project was specified to be completed in 60 working days; and
WHEREAS,as part of the pre-construction activities, staff and the contractor performed a site visit to verify and compare the scope of work identified in the plans and the current conditions of each fire station based on the design plans created in 2021; and
WHEREAS,in June 2021, after conducting a pre-construction inspection of the sites prior to construction, City staff and management determined that the current pavement conditions of the 4 fire stations were severely damaged and that additional work was necessary to bring the parking lots up to an adequate level of service in order to meet City standards; and
WHEREAS,it was determined that the original scope of work only covered portions of the severely damaged parking lots at all four fire stations and the City desired to repair the damaged pavement at all four stations in its entirety which would require an additional funding allocation; and
WHEREAS, staff requested that the contractor provide a list of additional work to be included as part of this project and as a result, a Change Order (CO) Summary Report was developed for City Council’s consideration; and WHEREAS,the contractor began construction on June 14, 2021 at Fire Station No. 1 and completed the construction work at the following fire stations in the order indicated below:

Location Start Date Completion Date Status
Fire Station No. 1 6/14/2021 10/1/2021 Completed
Fire Station No. 2 9/2/2021 9/17/2021 Completed
Fire Station No. 4 9/21/2021 11/30/2021 Completed
Fire Station No. 3 Pending Pending Redesign; and
WHEREAS,Fire Stations Nos. 1, 2, & 4 have been completed at a total cost of $842,062.25 which was $257,362.00 above the authorized contract and the available funding allocated to the project had been exhausted; and WHEREAS,City staff requested that an additional $257,362.00 be authorized to pay the contractor for services rendered at Fire Stations Nos. 1, 2,& 4; and WHEREAS,on December 14, 2021, pursuant to Resolution No. 25,592, City Council authorized the City Manager to amend (First Amendment) the Construction Contract with and establish a purchase order with Horizon in the amount of $257,362 to complete the work at Fire Stations Nos. 1, 2 & 4; and
WHEREAS,the City experienced drainage issues at Fire Station No. 3 and as a result, any discharge from the fire station could cause runoff overland from its paved surfaces into the adjacent park; and
WHEREAS, this drainage issue could cause damage to the nearby baseball diamond and the City desires to implement a drainage solution to prevent this from occurring; and
Resolution No. __________

WHEREAS,on September 9, 2021, City staff and its engineering consultant recommended that the City contact Psomas regarding the Gonzales Park best management practices to find a resolution for the drainage issue at Fire Station No. 3; and
WHEREAS,Psomas was the consultant that prepared the drainage plans for Gonzales Park Drainage Improvement project which was completed in November 2012; and
WHEREAS,on September 22, 2021, City staff requested that Psomas submit a proposal to resolve the drainage issue associated with the work at Fire Station No. 3; and
WHEREAS,the civil engineering scope for this portion of the project was to review a potential drainage solution for Fire Station No. 3; and WHEREAS,on November 2, 2021, pursuant to Resolution No. 25,573, City Council authorized the City Manager to enter into a professional services agreement with and establish a purchase order for Psomas to provide design engineering services related to the drainage issue located at Fire Station No. 3 in the amount of $48,950; and WHEREAS,on May 23, 2022, the design engineer recommend the construction of a drainage swale on the parks perimeter which was the simplest, low cost and low maintenance solution for the drainage condition at Fire Station No. 3; and WHEREAS,on November 8, 2022, Psomas submitted the Bid Schedule for the contractor to provide the cost to complete the work at Fire Station No. 3; and WHEREAS,the scope of work included water pollution control, erosion control & best management practices, adjusting the existing sprinkler systems, construction survey, relocate existing backflow preventer, earthwork, remodel existing curb drain, formwork, concrete, dowel joints, construct concrete block slough wall, and irrigation and landscape improvements; and
WHEREAS,city staff submitted the newly revised Bid Schedule to Horizons Construction Company International, Inc. which outlined the revised scope of work and on January 25, 2023, Horizons Construction Company International, Inc. provided a proposal to complete only the drainage portion of the work at Fire Station No. 3 in the amount of $213,073 and a completion time of 45 working days; and WHEREAS,on March 7, 2023, pursuant to Resolution No. 25,798, City Council authorized the City Manager to amend the Construction Contract with and establish a purchase order for Horizons Construction Company International for the additional work to complete only the drainage portion of the work at Fire Station No. 3. in the amount of $213,073; and
WHEREAS,the amendment of the Construction Contract only covered the construction of the drainage issue.

WHEREAS,the cost did not include the concrete work of the entire area of Fire Station No. 3 and it is the City’s desire to complete the entire portion of the rear parking lot at this station.

WHEREAS,on May 2, 2023, Horizons provided a proposal to City staff to complete the recommended total concrete portion of Fire Station No. 3 in the amount of $752,098.60 and 60 wording days. The scope of work will include the following:

Resolution No. __________

Compton Fire Station No. 3
Driveway and Parking Lot Areas
1 BMPS – Erosion &
Sediment Control
1 LS $4,800 1.10 $5,280 $ 5,280.00
2 Sawcut, Remove and
Dispose Existing Concrete
Slab, Driveway, Sideway,
Unclassified Materials
34840 SF $ 4.50 1.10 $4.95 $172,458.00
3 Construct PCC Slab (8”
Thick – Rapid Strength)
34840 SF $10.40 1.10 $11.44 $398,569.60
$576,307.60

Gravel Pit Area
1 Sawcut, Remove and
Dispose Existing Concrete
Slab, Driveway, Sidewalk,
Unclassified Materials
7380 SF $ 4.50 1.10 $4.95 $ 36,531.00
2 Construct PCC Slab (8”
Thick – Rapid Strength)
7380 SF $10.40 1.10 $11.44 $84,427.20
$120,958.20
Grass Area No. 1
1 Remove and Dispose of
Grass and Dirt and Curb at
Grass Area No. 1
1820 SF $ 3.00 1.10 $3.30 $ 6,006.00
2 Construct PCC Slab (8”
Thick – Rapid Strength)
1820 SF $ 3.50 1.10 $3.85 $ 20,820.80
$ 26,826.80
Grass Area No. 2
1 Remove and Dispose of
Grass and Dirt and Curb at
Grass Area No. 2
1900 SF $ 3.00 1.10 $3.30 $ 6,270.00
2 Construct PCC Slab (8”
Thick – Rapid Strength)
1900 SF $ 10.40 1.10 $11.44 $ 21,736.00
$ 28,006.00
WHEREAS,the Public Works Engineering Department’s Fiscal Year 2023-2024 budget will be amended transferring funds between accounts as follows:

From:

Account No. Description Amount
2810-710-000-4269 Other Contract Services $827,308.46
ARP Fund
To:

Account No. Description Amount
2810-712-001-4331 Buildings Capital Outlay $827,308.46
WHEREAS,funds in the amount of $827,308.46 will be available in the Public Works Engineering Department’s 2023-2024 Fiscal Year budget in Account No. 2810- 712-001-4331; and
WHEREAS,staff recommends City Council amend the Public Works Engineering Department’s 2023-2024 Fiscal Year budget transferring funds between accounts and authorize the City Manager to amend the construction contract (Third Amendment) with and establish a purchase order for Horizon Construction Company International, Inc. in the amount of $752,098.60 and a ten percent contingency amount of $75,209.86.

Resolution No. __________

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 (Third Amendment) with Horizons Construction Company International, Inc. to extend the contract terms and cost pursuant to Section 4.3 of the contract.

SECTION 2.That The Public Works Engineering Department’s Fiscal Year 2023-2024 budget will be amended transferring funds between accounts as follows:

From:

Account No. Description Amount
2810-710-000-4269 Other Contract Services $827,308.46
ARP Fund
To:

Account No. Description Amount
2810-712-001-4331 Buildings Capital Outlay $827,308.46
SECTION 3.That funds in the amount of $827,308.46 will be available in the Public Works Engineering Department 2023-2024 Fiscal Year budget in Account No. 2810-712-001-4331.

SECTION 4.That a purchase order in the amount of Seven Hundred Fifty Two Thousand Ninety Eight Dollars and Sixty Cents ($752,098.60) is authorized to be issued for Horizon Construction Company International, Inc. for services rendered of the additional work pursuant to the Compton Fire Stations Nos. 1 through 4 Driveways and Apron Improvement Project, CIP# 20-01.

SECTION 5.That a project contingency and purchase order in the amount of Seventy Five Thousand Two Hundred Nine Dollars and Eighty Six Cents ($75,209.86) is hereby authorized.

SECTION 6.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 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
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 MEMBERS-
NOES: COUNCIL MEMBERS-
ABSENT: COUNCIL MEMBERS-
ABSTAIN: COUNCIL MEMBERS-
_____________________________________

CITY CLERK OF THE CITY OF COMPTON
1 BMPS- Erosion & Sediment Control 1 LS 4,800.00$ 1.10 5,280.00$ 5,280.00$ 2 Sawcut, Remove and Dispose Exist Concrete Slab, Driveway, Sidewalk, Unclassified Materials 34840 SF 4.50$ 1.10 4.95$ 172,458.00$ 3 Construct PCC Slab (8" Thick - Rapid Strength) 34840 SF 10.40$ 1.10 11.44$ 398,569.60$ 576,307.60$
1 Sawcut, Remove and Dispose Exist Concrete Slab, Driveway, Sidewalk, Unclassified Materials 7380 SF 4.50$ 1.10 4.95$ 36,531.00$ 2 Construct PCC Slab (8" Thick - Rapid Strength) 7380 SF 10.40$ 1.10 11.44$ 84,427.20$ 120,958.20$
1 Remove and Dispose of Grass and Dirt and Curb at Grass Area No. 11820 SF 3.00$ 1.10 3.30$ 6,006.00$ 2 Construct PCC Slab (8" Thick - Rapid Strength) 1820 SF 10.40$ 1.10 11.44$ 20,820.80$ 26,826.80$
1 Remove and Dispose of Grass and Dirt and Curb at Grass Area No. 11820 SF 3.00$ 1.10 3.30$ 6,006.00$ 2 Decomposite Granite 1820 SF 3.50$ 1.10 3.85$ 7,007.00$ 13,013.00$
1 Remove and Dispose of Grass and Dirt and Curb at Grass Area No. 21900 SF 3.00$ 1.10 3.30$ 6,270.00$ 2 Construct PCC Slab (8" Thick - Rapid Strength) 1900 SF 10.40$ 1.10 11.44$ 21,736.00$ 28,006.00$
1 Remove and Dispose of Grass and Dirt and Curb at Grass Area No. 21900 SF 3.00$ 1.10 3.30$ 6,270.00$ 2 Decomposite Granite 1900 SF 3.50$ 1.10 3.85$ 7,315.00$ 13,585.00$
752,098.60$
723,863.80$
Grass Area No. 2 - Alternate For Decomposite Granite
Total for all Concrete
Total w/ Grass Areas Being DG
Compton Fire Station 3
Driveway and Parking Lot Areas
Gravel Pit Area
Grass Area No. 1
Grass Area No. 2
Grass Area No. 1 - Alternate For Decomposite Granite

THIRD AMENDMENT
TO

CONSTRUCTION SERVICES AGREEMENT

BETWEEN

CITY OF COMPTON
AND
HORIZONS CONSTRUCTION COMPANY INTERNATIONAL, INC.
[Compton Fire Stations Nos. 1 through 4 Driveways and Apron Improvement Project – CIP #20-01] 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 HORIZONS CONSTRUCTION COMPANY INTERNATIONAL, INC. (hereinafter referred to as “CONTRACTOR”).

RECITALS
WHEREAS, pursuant to Resolution No. 24,444, adopted by the City Council on April 13, 2021, the City Manager was authorized to enter into a contract with Horizons Construction Company International in an amount of $584,700.25, with an approved contingency in the amount of $58,470.03, totaling $643,170.28 for the construction work pursuant to the Compton Fire Stations Nos. 1 through 4 Driveways and Apron Improvement Project – CIP# 20-01; and
WHEREAS, the initial contract time was 60 working days from the issuance of the Notice To Proceed, however, after conducting a pre-construction inspection of the sites prior to construction it was determined that the current pavement conditions of the fire stations were severely damaged and that additional work was necessary to bring the parking lots to meet City standards; and
WHEREAS, there is a need to amend the contract to extend the term of the contract and increase the contract price in order to complete the Project; and

WHEREAS, by Resolution No. 25,592, adopted on the 14 th day of December, 2021, the City Council authorized the City Manager to enter into an amendment to the original Construction Services Contract with Horizons Construction Company International, Inc. to extend the term of the contract for an additional 213 working days and increase the contract price by an additional $257,362.

WHEREAS,the City also experienced drainage issues at Fire Station No. 3. and any discharge from the fire station could cause runoff from its paved surfaces into the adjacent park; and
WHEREAS, on November 2, 2021, pursuant to Resolution No. 25,573, City Council authorized the City Manager to enter into a professional services agreement with and establish a purchase order for Psomas to provide design engineering services related to the drainage issue located at Fire Station No. 3 in the amount of $48,950; and WHEREAS, on November 8, 2022, Psomas submitted the Bid Schedule providing the breakdown of the scope of work and cost to complete the work at Fire Station No. 3 with the recommended construction of a drainage swale on the park’s perimeter; and
Third Amendment to Construction Services Agreement – Horizons Construction Company International, Inc.

Compton Fire Stations Nos. 1 through 4 Driveways and Apron Improvement Project (CIP# 20-01) (Resolution No. ______)
2 WHEREAS, the scope of work will include water pollution control, erosion control & best management practices, adjusting the existing sprinkler systems, construction survey, relocate existing backflow preventer, earthwork, remodel existing curb drain, formwork, concrete, dowel joints, construct concrete block slough wall, and irrigation and landscape improvements; and
WHEREAS,on January 25, 2023, Horizon Construction Company International, Inc. provided a proposal to complete the work at Fire Station No. 3 in the amount of $213,073 and a completion time of 45 working days.

WHEREAS, by Resolution No. 25,798, adopted on the 7 th day of March, 2023, the City Council authorized the City Manager to enter into an amendment (Second Amendment) to the original Construction Services Contract with Horizons Construction Company International, Inc. to extend the term of the contract for an additional 45 working days and increase the contract price by an additional $213,073.

WHEREAS, by Resolution No. ______, adopted on the ___ day of July, 2023, the City Council authorized the City Manager to enter into an amendment (Third Amendment) to the original Construction Services Contract with Horizons Construction Company International, Inc. to extend the term of the contract for an additional 60 working days and increase the contract price by an additional $752,098.60.

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 Compton Fire Stations Nos. 1 through 4 Driveways and Apron Improvement Project (CIP# 20-01), as more fully described within the original Agreement, by an additional Sixty (60) working days 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 on the Compton Fire Stations Nos. 1 through 4 Driveways and Apron Improvement Project (CIP# 20-01), as more fully described within the original Agreement, in the amount of Seven Hundred Fifty Two Thousand Ninety Eight Dollars and Sixty Cents ($752,098.60).

3.The above-indicated amendments to the Construction Services Agreement between the parties is based on the proposal in the attached Exhibits “A” , which is incorporated herein.

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

Third Amendment to Construction Services Agreement – Horizons Construction Company International, Inc.

Compton Fire Stations Nos. 1 through 4 Driveways and Apron Improvement Project (CIP# 20-01) (Resolution No. ______)
3 IN WITNESS WHEREOF, the authorized representatives of the parties have executed this AMENDMENT to the above-identified CONSTRUCTION SERVICES AGREEMENT.

HORIZONS CONSTRUCTION COMPANY INTERNATIONAL, INC./CONTRACTOR By __________________________________ Dated: ______________ Hatem Ibrahim, President

CITY OF COMPTON
Approved by:

Dated: ________________ By ________________________________ Jerry Grooms, City Manager
Approved as to form:

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

Dated: __________________ By______________________________ Vernell McDaniel, City Clerk
JULY 25, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: TURMEL WOODS, GRANTS COMPLIANCE MANAGER
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

COMPTON AUTHORIZING THE CITY MANAGER TO ENTER INTO

A DONATION AGREEMENT ACCEPTING A GRANT FROM
KABOOM!, INC. OF THE PARTS AND INSTALLATION OF A NEW

PLAYGROUND WORTH AN ESTIMATED VALUE OF EIGHTY
THOUSAND DOLLARS ($80,000).

SUMMARY
This Resolution authorizes the City Manager to enter into a Donation Agreement accepting a gift from KABOOM!, Inc. (“KABOOM!”) for the parts and installation of a new playground with an estimated value of Eighty Thousand Dollars and Zero Cents ($80,000).

BACKGROUND
KABOOM! is a national, non-profit organization dedicated to giving all children, especially those children living in economically disadvantaged communities, safe and fun places to play. The organization brings people together from diverse backgrounds, from cities to corporations (including non-profits), to create great places to play for all children. KABOOM! serves communities with the purpose to help individuals feel more engaged, connected and united by the common cause of ensuring that all children can thrive every day and everywhere.

Last year, the City Manager’s office was contacted by KABOOM! for the purpose of partnering with a funding partner to build a new playground at Kelly Park Community Center in the City of Compton. After successfully submitting interest, the Grants Division was notified by KABOOM! that the Community Partner Application was approved and the City of Compton (“City”) was selected to receive the KABOOM! Community Partner Program Playground Grant for 2023.

This year, the funding partner has not been identified yet but the project site is slated for Kelly Park Community Center. This will mark the third grant received from KABOOM! Inc. as the City was awarded a playground grant for its South Park in 2016 and Gonzales Park in 2019. The grant contribution, through the funding partner unidentified is committed to donate approximately $80,000 to cover the costs of supplies, equipment and other ancillary costs. The project would include the demolition of the existing

6.6.6.6. Staff Report – Accepting Grant Donation
From KABOOM! Inc. for New Playground Equipment
At Kelly Park ($80,000)
July 25, 2023, Page 2 of 3
playground located at Kelly Park and the coordination of a community build day to install a brand-new play space.

STATEMENT OF ISSUE
The City of Compton desires to enter into a Donation Agreement with KABOOM! to accept and receive a grant to build a new playground at Kelly Park. To facilitate the receipt of the grant, the City Council’s authorization and acceptance of the grant is required. The proposed Donation Agreement (hereinafter referred to as the “Community Partner Playground Agreement”) obligates the City to collaborate with KABOOM!, the unidentified funding partner, and the community residents to design, plan, and build the new playground at Kelly Park. A summary of the specific obligations of the City and KABOOM! are as follows:

Obligations of the City:
Fundraise: To contribute $8,500 to KABOOM! for the purpose of applying said funds directly to the purchase of playground equipment. The City has identified funding through Special Projects in the Recreation’s Department FY 2023-2024 budget.
Project Site: Community Partner shall provide KABOOM! With proof of land ownership evidenced by either a deed granting title to the property to the Community Partner or a letter from the property owner showing approval for the project.
Design Day: To host a KABOOM!-facilitated “Design Day” with at least twenty (20) adult volunteers and twenty (20) youth.
Prep Day: Community Partner shall ensure that the project site is safe for volunteers and children responsibilities includes: prep the site for two (2) weeks before build week, which may include removing existing equipment, footers and safety surfacing grading the land .
Build Week: Scheduled for October 2023. To recruit ninety (90) volunteers from the community to participate in a three-day installation event for the project.

Obligations of KABOOM!:
Playground Build: Provide technical and organizational leadership and guidance for the Project, including:
oCoordinate funding partner participation, facilitate playground design, work with vendors to procure equipment and materials;
Staff Report – Accepting Grant Donation
From KABOOM! Inc. for New Playground Equipment
At Kelly Park ($80,000)
July 25, 2023, Page 3 of 3
oManage construction logistics for the Project, coordinate playground site preparation;
oLead Build Day activities, including coordination of Build Day captains and volunteers;
oProvide educational and promotional materials to support the project, including toolkits online Playground Planner, nametags and other general supplies.
Inspections: KABOOM!, in conjunction with City, will secure a Certified Playground Safety Inspector to review playground structure at conclusion of Build Day to ensure structure is safe and built to appropriate standards and guidelines Obligations of Funding Partner:
Assist the Project with funding for all equipment, parts and supplies. There are no long-term obligations of the Funding Partner because the City assumes long term responsibility for the playground.

FISCAL IMPACT
Funds in the amount of $8,500 are available in the Recreation’s Department 2023-2024 Fiscal year budget in Account No. 1001-840-000-4238

RECOMMENDATION
It is Staff’s recommendation that the City Council adopt the attached Resolution.

TURMEL WOODS, GRANTS COMPLIANCE MANAGER
APPROVED FOR FORWARDING:

JERRY G. GROOMES

CITY MANAGER
RESOLUTION NO.____________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON

AUTHORIZING THE CITY MANAGER TO ENTER INTO A DONATION AGREEMENT ACCEPTING A GRANT FROM KABOOM!, INC. OF THE PARTS AND

INSTALLATION OF A NEW PLAYGROUND WORTH AN ESTIMATED VALUE OF SEVENTY THOUSAND DOLLARS ($80,000).

WHEREAS, KABOOM!, Inc., (“KABOOM!) is a national, non-profit organization dedicated to giving all children, especially those living in economically disadvantaged communities, safe and fun places to play; and
WHEREAS, Last year, the City Manager’s office was contacted by KABOOM! for the purpose of partnering with a funding partner to build a new playground at Kelly Park Community Center in the City of Compton; and
WHEREAS, after successfully submitting interest, the Grants Division was notified by KABOOM! that the Community Partner Application was approved and the City of Compton (“City”) was selected to receive the KABOOM! Community Partner Program Playground Grant for 2023; and
WHEREAS, the funding partner for this year has not been identified yet but the project site is slated for the Kelly Park Community Center; and WHEREAS, the grant contribution, through the funding partner unidentified, is committed to donate approximately Eighty Thousand Dollars ($80,000.00) to cover the costs of supplies, equipment and other ancillary costs; and WHEREAS, the project would include the demolition of the existing playground located at Kelly Park and the coordination of a community build week to install a brand- new play space; and
WHEREAS, the City of Compton desires to enter into a Donation Agreement with KABOOM! to accept and receive a grant to build a new playground at Kelly Park.

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

Section 1.That the City Council hereby accepts the KABOOM! Community Partner Program Playground Grant for 2023.

Section 2.That the City Manager, with the advice and approval of the City Attorney, is hereby authorized to enter into a Donation Agreement with KABOOM!, Inc. for the installation of a new playground at the Kelly Park Community Center with an estimated value of Eighty Thousand Dollars ($80,000).

Section 3.That a certified copy of this Resolution shall be filed in the offices of the City Manager, City Attorney, City Controller, City Clerk and the City of Compton Recreation 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, 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 MEMBERS -
NOES: COUNCIL MEMBERS -
ABSENT: COUNCIL MEMBERS -
ABSTAINS: COUNCIL MEMBERS -
_____________________________________

CITY CLERK OF THE CITY OF COMPTON

COMMUNITY PARTNER AGREEMENT
July 20, 2023
KABOOM!, Inc. (referred to herein as KABOOM!) is pleased that the City of Compton (referred to herein as the Community Partner) has agreed to collaborate with KABOOM! and the Funding Partner in the construction of a new playspace at Kelly Park, 2319 E Caldwell St, Compton, CA 90220 (the “Project”). This Community Partner Agreement (this “Agreement”), which sets forth the Community Partner's obligations in connection with the Project and certain matters on which the parties have agreed, will, when executed by the duly authorized representatives of each party, supersede any prior agreements and represent the complete legally binding agreement between the parties regarding the Project. The Community Partner acknowledges and agrees the primary source of funding for the Project is a contribution from the Funding Partner. In the event that such a contribution is not funded, then this agreement shall immediately terminate upon written notice thereof from KABOOM!.

1. Obligations of the Community Partner. The Community Partner shall work with KABOOM! and the Funding Partner as well as community residents to design, plan, and build the Project. By executing this Agreement, the Community Partner is unconditionally agreeing to each of the following obligations, in each case meeting the requirements provided by KABOOM!:
(a) Fundraising. In support of the Project, the Community Partner must contribute $8,500 to KABOOM!, which will apply the funds directly to the purchase of the equipment. KABOOM! will invoice the Community Partner for such amount promptly following the execution of this Agreement, which amount must be paid in full at least thirty (30) days prior to the Project’s Build Week (as defined below). (b) Project Site.
(i) Ownership. At the time of execution of this Agreement, the Community Partner shall provide KABOOM! with proof of land ownership evidenced by either a deed granting title to the property to the Community Partner or a letter from the property owner showing approval for the Project. The Community Partner is the owner of the playspace in its entirety, for the lifetime of the product, including the equipment and/or safety surfacing at the time purchased by KABOOM! and/or the Funding Partner. (ii) Permits. Prior to Build Week, the Community Partner shall obtain or cause to be obtained all necessary permits and licenses regarding the installation, possession, and use of the playspace in compliance with applicable laws and regulations.
(iii) Preparation. The Community Partner shall ensure that the Project site is safe for volunteers and children, which responsibility includes: (1) preparing the site for the installation of the Project at least two (2) weeks before Build Week, which may include removing existing equipment, footers, and safety surfacing, grading the land, repairing existing surfacing and removing fencing (2) conducting up to two (2) utility checks as reasonably requested by KABOOM! with the appropriate utility companies, with the first test being completed before Design Day (as defined below) and with all utility check documentation provided upon completion to the KABOOM! Project Manager who shall supervise the planning and installation of the equipment (the “Project Manager”); and (3) conducting up to two (2) soil site tests as reasonably requested by KABOOM!, with the first test being completed before Design Day and with all soil check documentation provided to the Project Manager upon completion. The Community Partner is responsible for undertaking any necessary risk mitigation should the soil be deemed unsafe for children and volunteers.

(iv) Safety and Security. The Community Partner shall ensure the security of equipment, tools, supplies, and well-being of the adults and children from the beginning of the preparation activities until the conclusion of Build Week, including any postponement. The Community Partner shall also ensure that all volunteers sign a waiver and that a CPR- certified Community Partner staff member or volunteer is present and will serve as the safety leader onsite for the Build Week.
(v) Maintenance. Maintenance of the facility and supervision of its use is the sole responsibility of the Community Partner. The Community Partner shall collaborate with KABOOM! during the Project planning process to develop a maintenance program (a copy of which has been provided) for the play equipment and, with the support of the property owner (if owner is a separate party), shall maintain the equipment and the property before and after the Build Week to ensure a safe and attractive playspace.

It is also the responsibility of the Community Partner to ensure that no one enters the playground within 72 hours of the completion of the final Build Day. Anyone accessing and/or touching the playground within 72 hours of its completion could prevent the concrete from curing properly or the surfacing (if rubber) from setting properly, leading to long-term damage that would be the responsibility of the Community Partner to repair. In furtherance of the foregoing, in the event any equipment included in the Project no longer is permitted for any reason to be located at its original site of construction or such site is no longer controlled by the Community Partner for any reason, then the Community Partner promptly shall notify KABOOM! following its becoming aware of such situation and shall, at the Community Partner's sole cost and expense, take such steps as may be necessary to promptly and safely relocate the equipment (including any permanent signage and other fixtures) to an alternate site that serves children or to ensure that the successor controlling person of such site shall continue to make such equipment available to children in the same manner contemplated as of the Build Week and maintain (or permit the Community Partner to maintain) such play equipment in accordance with the maintenance program. In addition, if applicable, the Community Partner shall accept and maintain engineered wood fiber as play equipment safety surfacing, meeting standards established by Consumer Product Safety Commission guidelines, for the lifetime of the playspace. Guidance and materials for the purpose of developing a maintenance plan for the playspace are available, upon request, from the play equipment and safety surfacing manufacturers.
(c) Design Day. The Community Partner agrees to host a KABOOM! facilitated Design Day event with at least twenty (20) adult volunteers and twenty (20) youth. Such adult volunteers shall remain engaged in the planning activities throughout the Project’s planning process. In the event Public Health guidelines do not permit public gatherings, the Community Partner agrees to participate in KABOOM! facilitated Design events remotely and virtually.
(d) Build Week. The Community Partner shall recruit up to 90 total community volunteers to participate in a 3- day volunteer installation event (to be comprised of 30 volunteers on Day 1, 10 volunteers on Day 2 and 50 volunteers on Day 3) scheduled to occur in October of 2023 and which is referred to herein as the Build Week. The Community Partner shall ensure that all volunteers sign a waiver (a copy of which has been provided). During the Build Week, the Community Partner shall provide food, water, tools, dumpsters, music, hand washing and/or hand sanitizing facilities, and restroom facilities for all volunteers on each day. (e) Promotion; Intellectual Property. The Community Partner shall seek prior approval from KABOOM! and/or the Funding Partner for any materials that reference the Project or contain the name, trademarks, service marks, logos and other intellectual property (collectively, and together with all goodwill attached or which shall become attached to any of them, the "Marks") of KABOOM! and/or the Funding Partner, including press releases, fliers, and promotional materials. The Community Partner acknowledges and agrees that each of KABOOM! and the Funding Partner is the sole owner of all right, title, and interest in and to its respective Marks. The parties acknowledge that KABOOM! and the Funding Partner may take all steps to protect their Marks as they deem appropriate. Any use of the Marks will inure to the sole benefit of KABOOM! or the Funding Partner (as applicable). The Community Partner shall not use the Marks in any manner that would harm the reputation of KABOOM! or the Funding Partner or disparage or negatively reflect upon the Marks.

Upon expiration of or termination of this Agreement for any reason, the Community Partner shall cease all use of the Marks. The Community Partner shall collaborate with KABOOM! and the Funding Partner to secure media coverage for the Project.
(f) Signage. The Community Partner shall allow the names and logos of KABOOM! and the Funding Partner to be displayed on permanent signage (a copy of which has been provided) and shall be no greater than 19 ½ inches wide by 30 ¼ inches tall and mounted on poles in a mutually agreed location. If applicable, the Community Partner shall allow individual instructional signs to accompany the equipment. (g) Costs. The Community Partner is solely responsible for and shall hold KABOOM! and the Funding Partner harmless from any costs incurred by the Community Partner for any prior site preparation, upgrades, or improvements, or any equipment or materials purchased to supplement those secured by KABOOM!. (h) Warranty. The equipment and the safety surfacing related to the Project may be covered under warranty by the applicable manufacturers (a copy of which has been provided). The Community Partner acknowledges that any warranties and/or guarantees on any equipment or material are subject to the respective manufacturer’s terms thereof, and the Community Partner agrees to look solely to such manufacturers for any such warranty and/or guarantee. Neither KABOOM! nor the Funding Partner nor any of their respective affiliates, directors, officers, managers, partners, members, shareholders, employees, agents or representatives, have made nor are in any manner responsible or liable for any representation, warranty, or guarantee, express or implied, in fact or in law, relative to any equipment or material, including its quality, mechanical condition or fitness for a particular purpose. (i) Insurance. The Community Partner is self-insured and is responsible for providing coverage for its own employees and against liability for bodily injury, death and property damage that may arise out of or be based on the use of the playground at “Community Partner location”, from seven (7) calendar days before the Build Day and for a minimum of one year afterward, in each case, in amounts not less than one million dollars ($1,000,000). This self-insurance shall be primary and non-contributing with any other insurance covering KABOOM! and its funding partners.
(j) Indemnification. The Community Partner shall indemnify and hold harmless KABOOM!, the Funding Partner and their respective affiliates, directors, officers, managers, partners, members, shareholders, employees, agents, and representatives from any and all losses, liabilities, claims, actions, fees, and expenses (including interest and penalties due and payable with respect thereto and reasonable attorneys' and accountants' fees and any other reasonable out-of-pocket expenses incurred in investigating, preparing, defending, or settling any action), including any of the foregoing arising under, out of or in connection with any breach of this Agreement, any actions associated with this Project or resulting from the use of any play property and equipment, including those for personal injury, death, or property damage, except to the extent resulting from the gross negligence or willful misconduct of such indemnified person. This provision shall survive any termination or expiration of this Agreement.
(k) Data and Reporting. The Community Partner shall distribute and complete play-related surveys, provided by KABOOM!, to its stakeholders, including parents/caregivers, volunteers, and staff (i) promptly following the execution of this agreement (ii) 2 weeks following the completion of the Project (iii) 12 months after the completion of the Project. Additionally, the Community Partner shall use its reasonable efforts to provide KABOOM! with any other information related to the Project that KABOOM! may request. (l) Code of Conduct. The Community Partner agrees to comply with the build site rules (a copy of which has been provided). The Community Partner shall allow the build site rules to be displayed on site and communicate and enforce the build site rules for all participants in the Project's Design Day and Build Week events.

2. Obligations of KABOOM!.

(a) Project. KABOOM! shall provide technical and organizational leadership and guidance for the Project and shall:
(i) Coordinate Funding Partner participation, facilitate design, including regular planning meetings, and work with vendors to procure equipment and materials in a timely manner, except to the extent that safety surfacing other than engineered wood fiber is used, which shall be procured by the Community Partner. (ii) On the behalf of and in collaboration with the Community Partner, KABOOM! shall manage construction logistics for the Project, coordinate site preparation activities with the Community Partner, inventory equipment and materials, and assure that the necessary small hand tools and materials and other general supplies are available on the Build Week; Lead the Build Week activities, including the coordination of Build Week volunteers.
(iii) Make available certain educational and promotional materials related to the Project. (b) Inspection. KABOOM!, in collaboration with the Community Partner, will secure an Installation Supervisor to review the structure at the conclusion of the Build Week to ensure that the structure is safe and built to all appropriate standards and guidelines, unless the installation is not completed during the Build Week due to failure of the Community Partner, in which case the Community Partner shall secure the Installation Supervisor. (c) Promotion. KABOOM! will provide proposed promotional materials relating to the Project for the Community Partner’s review and approval, which approval shall not be unreasonably withheld or delayed. (d) Website Listing. KABOOM! will place the playspace on its list of KABOOM! builds on the KABOOM! website, and KABOOM! will send information to the Community Partner on maintenance programming and enhancements.

3. Build Week Postponement.
(a) COVID-19 Public Health Compliance. The Project Manager will monitor public health guidelines and local conditions to ensure adherence to public health safety at specific timelines prior to Build Week. If the project does not meet requirements, KABOOM!, the Funding Partner, and the Community Partner will agree on a postponement date to occur no later than thirty (30) days after the last day of the original Build Week and if health indicators allow project completion. If health indicators do not allow project completion within close to the originally scheduled date, project will be rescheduled on a mutually agreed upon date or converted to a professional installation with no volunteers participating in building the playspace. (b) Weather or other conditions unrelated to COVID-19. The Build Week shall not be postponed except when weather or other conditions jeopardize the safety of the volunteers or threaten the structural integrity of the playspace. The decision to postpone the Build Week will be made by majority agreement of the representatives of KABOOM!, the Community Partner, and the Funding Partner, except where such decision must be made by KABOOM! on the construction site and representatives of the Community Partner and the Funding Partner are not available for consultation. In the event that the Build Week is postponed, KABOOM!, the Community Partner, and the Funding Partner shall develop a plan for rescheduling the Build Week at the next earliest date possible for each party. The Funding Partner shall be responsible for all additional expenses related to the rescheduled Build Week, including, without limitation, equipment, labor and materials, storage and travel costs and expenses; provided, however, that the Funding Partner shall be notified of the estimated amount of such additional expenses in connection with rescheduling of the Build Week. Notwithstanding the foregoing, in the event that the date of the Build Week is cancelled or changed as a result of the Community Partner's failure to satisfy its obligations in connection with the Project, then the Community Partner shall be liable to KABOOM! and the Funding Partner for all such additional expenses related to the rescheduled Build Week.

4. Funding Partner Relations. KABOOM! has a separate contract with the Funding Partner pursuant to which the Funding Partner has agreed to provide financial and human resources for the Project. In recognition of the Funding

Partner's contribution of such resources, the Funding Partner shall receive first placement on any recognition materials developed for the Project, including signage, banners, T-shirts, press releases, website and newsletter stories, and flyers, and the Community Partner shall not solicit sponsors or donors in relation to the Project whose products or services directly compete with the products or services of the Funding Partner as identified to the Community Partner by KABOOM! and/or the Funding Partner. In the event the Community Partner solicits other sponsors or donors, then the Community Partner shall not permit such sponsors or donors to compete with the Funding Partner for signage and sponsorship recognition.

5. Termination. In the event that the Community Partner fails to make the payments required under Section 1(a) or otherwise breaches this Agreement, KABOOM! may terminate this Agreement upon written notice to the Community Partner of such termination. Furthermore, if either party is delayed or prevented from fulfilling any of its obligations hereunder by any cause beyond its reasonable control, including acts of God, acts or omissions of civil or military authorities, fire, strike, flood, riot, act of terrorism, war, transportation delay, or inability due to such causes to obtain required labor, materials or facilities, such party shall not be liable hereunder for such delay or failure and either party may terminate this Agreement if the other is unable to perform any obligation hereunder for a period longer than ten (10) calendar days due to such force majeure event, in which case KABOOM! shall refund to the Community Partner any amounts paid to KABOOM!, less expenses already committed and/or incurred prior to the date of such termination. If, upon termination as provided herein, the sum due KABOOM! by the Community Partner exceeds the sum paid to KABOOM! hereunder, the Community Partner shall pay KABOOM! for any such additional sum due upon presentation of appropriate documentation within thirty (30) days of invoice.

Except as set forth above, upon any termination, this Agreement shall become void and have no effect, and no party shall have any liability to the other party, except that nothing herein will relieve any party from liability for any intentional breach of this Agreement prior to such termination.

6. General Provisions. The Community Partner represents to KABOOM! that all information provided by it to KABOOM!, including in the application, is true, correct and complete in all respects and does not omit any information relevant to the Project. Each party has all requisite power and authority, including any necessary approval by its governing body, to execute and deliver this Agreement, and to perform its obligations hereunder.

This Agreement may not be assigned or transferred by either party without the prior written consent of the other party hereto. This Agreement shall inure to the benefit of and be binding upon the parties hereto, their respective successors and permitted assigns, and where expressly stated, their affiliates and representatives. This Agreement shall be governed by and construed under the laws of the State of California, without regard to conflicts of laws principles to the extent that the application of the laws of another jurisdiction would be required thereby.

This Agreement may be altered, modified, or amended only by a written document signed by both parties. This Agreement may be executed in two (2) or more counterparts, each of which shall be an original and all of which, when taken together, shall constitute the same agreement and may be delivered by facsimile or electronic mail transmission with the same force and effect as if originally executed copies hereof were delivered. Any notices required or permitted to be given hereunder shall be sent by certified or registered United States mail, postage prepaid, by personal delivery addressed to the applicable party or by facsimile or electronic mail transmission (the receipt of which is confirmed) at the address set forth under such party's signature below. The Funding Partner shall be an intended third party beneficiary of Sections 1(b), (e), (f), (g), (h), (i), and (j) and Sections 2(b), 3, 4 and 6 of this Agreement and is entitled to enforce its rights under such sections as if it were a party to this Agreement.

By executing this Community Partner Agreement where indicated below, each of KABOOM! and the Community Partner agrees, as of the date identified above, to be legally bound by all of the terms and provisions set forth above.

City of Compton
By: ______________________
Date:

Name: Jerry Groomes
Title: City Manager
Address:
205 South Willowbrook Avenue, Compton, CA 90220
T: 310-605-5585
e-mail: [email protected]
Contact information for the person who should
receive KABOOM! invoices:

Name: Turmel Woods
Telephone number: 310-605-5580
Mailing Address: 205 South Willowbrook Avenue,
Compton, CA 90220
Email: [email protected]
KABOOM!, Inc.

By: ______________________
Date:

Name: Gerry Megas
Title: Chief Financial Officer
Address:
7200 Wisconsin Avenue, Suite 400
Bethesda, MD 20814
T: (202) 464- 6180
F: (202) 659-0210
e-mail: [email protected]

CITY OF COMPTON

DONATIONS ACCEPTANCE FORM
City of Compton Tax ID:95-6000696. The Internal Revenue Service states that the deductible amount of a charitable contribution is limited to the value of cash or property donated minus what the donor receives in exchange for the contribution. Please keep this receipt and file it with your tax records as proof of your gift. The Foundation reserves the right to refuse donations.

PART I: DONOR INFORMATION
Name/Title of Employee Completing Form: _Turmel Woods, Grants Compliance Manager____ Date: 7-19-23 Name of Donor: KABOOM!, Inc
Check box if donor is Anonymous: Official Date of Donation: October 2023 Tel: (202) 464-6180 Mailing Address: 7200 Wisconsin Avenue, Suite 400 Bethesda, MD 20814 Email address: [email protected]
Relationship of Donor to City or Foundation: None
Charitable Tax Receipt Received? Has the Donor requested Recognition for their gift? Y N Please check box if: Donation is being made to the “City” or the “Foundation” PART II: DESCRIPTION OF ITEM(S) DONATED: {Please check all applicable boxes. Attach Sheet for Additional Items}:

Cash/Checki/Wire/
Payroll Deduction/
Or Credit Cardii
(please circle one)
Other Financial
Instrument
{ie: Stocks, Bonds,
Notes, etc…}
Professional or
Personal
Services (see
table below)
Supplies or
Equipment
(see table below)

Pledge of Periodic
Payments
(see table below)
Other (i.e. Real Property,
Artwork or please
describe below)iii
Item # Description Serial #; Model #;
Original Title
Obtained (Y/N)?
$Dollar$ Value
On Date Received
{Without documentation, donation
will be recorded at $1}
(check box
if external appraisal is required)
Date(s)
Received/
Or To-Be_
Received
Condition
{New; Used; or
Requires
Modification}
1 Upgrade playground equipment at
Kelly Park
Title $80,000 October
2023
N/A
2 Title
Total: $
Will the Donated Item Require Any of the Following (please check all applicable boxes):

CITY OF COMPTON

DONATIONS ACCEPTANCE FORM
City of Compton Tax ID:95-6000696. The Internal Revenue Service states that the deductible amount of a charitable contribution is limited to the value of cash or property donated minus what the donor receives in exchange for the contribution. Please keep this receipt and file it with your tax records as proof of your gift. The Foundation reserves the right to refuse donations.

Service, Repair, Maintenance, or Certification? Costs for Storage, Pick-up, Installation? Safety Issue? Hazardous Materials Issue?
Please Explain: Upon completion of the donated playground equipment the City of Compton will be task with the future maintenance of the playground equipment at Kelly Park. The annual maintenance cost for the city is undetermined at this time
If the donated item(s) has a value of $1,000 or more, has it been examined and determined that it has a useful life of at least one year and requires no repair or some form of maintenance? MARK THE BOX: NO YES Equipment Inspected By (attach appraisal in PDF):

Date Inspected:

Final Location or Storage arrangement:

PART III: USE OF DONATED ITEMiv
This donation involves a: (Please check all applicable boxes) Time Restrictionv Purpose Restrictionvi Permanent Restrictionvii Temporary Restrictionviii Gift is to be retained and used for designated
Purpose
Gift may be sold, proceeds used for designated purpose (if gift is sold within three (3) years of the date of contribution, IRS Form 8282 ixwill be sent to the donor and the IRS)
What is the proposed use of the donated item(s)? What are the restrictions? Please explain or attach: (If unrestricted, please put N/A): __Enhancement of outdoor playground equipment at Kelly Park_______ CUSTOMER Name (please print):

CUSTOMER SIGNATURE:

Make check payable to City of Compton. Checks made payable to the City of Compton may not be tax deductible. Donor should consult their tax attorney
Credit card information section and signature line, pop up or drop down fields are preferred:

Enter credit card information. Visa Master card Discover American Express * Credit Card Number:
(enter numbers without spaces) Card Code:
* Expiration Date:
(MM/YY)

CITY OF COMPTON

DONATIONS ACCEPTANCE FORM
City of Compton Tax ID:95-6000696. The Internal Revenue Service states that the deductible amount of a charitable contribution is limited to the value of cash or property donated minus what the donor receives in exchange for the contribution. Please keep this receipt and file it with your tax records as proof of your gift. The Foundation reserves the right to refuse donations.

* Total Amount: $

CITY OF COMPTON

DONATIONS ACCEPTANCE FORM
City of Compton Tax ID:95-6000696. The Internal Revenue Service states that the deductible amount of a charitable contribution is limited to the value of cash or property donated minus what the donor receives in exchange for the contribution. Please keep this receipt and file it with your tax records as proof of your gift. The Foundation reserves the right to refuse donations.

PART IVx:

DEPARTMENT/PROGRAM RECEIVING BENEFIT OF GIFT (Please check all applicable boxes):
40 Mayor and Council 51 City Manager
42 City Attorney 44 City Treasurer
47 City Clerk 67
Community
Improvement Services
65 City Controller
78 Community
Development
71/72 Public Works 62 Internal Services
69 Fire 84 Parks and Recreation
61 Non-Departmental 85 Water
91 Successor Agency
Others
REVENUE-TYPE (Please check all applicable boxes):

Donations - Unrestricted* Unrestricted Contributions- Goods* Special Events
Unrestricted Contributions-
Services*
Fire Special Events Restricted Contributions- Goods*
Special Annual Events Restricted Contributions- Services* Cultural Special Events Restricted Contributions – CASH of Financial Instrument
Misc - Credit
* Restricted means – Donor specified
time and/or purpose of use

END OF FORM
i Make check payable to City of Compton. Checks made payable to the City of Compton may not be tax deductible. Donor should consult their tax attorney ii Credit card information section and signature line, pop up or drop down fields are preferred:

Enter credit card information.
* Credit Card Number: (enter numbers without spaces) Zip Code:
* Expiration Date: (MM/YY) Card Code
* Total Amount:
iii If Artwork, then please contact the City Manager’s Department iv If nothing is filled out, or if no restriction is specified here, then the donation is deemed “Unrestricted” automatically, and will be used at the discretion of the City Council. v Restricted means – Donor specified time or purpose of use vi Restricted means – Donor specified time or purpose of use vii Restricted means – Donor specified time or purpose of use viii Restricted means – Donor specified time or purpose of use

CITY OF COMPTON

DONATIONS ACCEPTANCE FORM
City of Compton Tax ID:95-6000696. The Internal Revenue Service states that the deductible amount of a charitable contribution is limited to the value of cash or property donated minus what the donor receives in exchange for the contribution. Please keep this receipt and file it with your tax records as proof of your gift. The Foundation reserves the right to refuse donations.

ix IRS Form 8282 is for donee organizations to report information to the IRS and donors about dispositions of certain charitable deduction property made within 3 years after the donor contributed the property.

July 25, 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 2023 – 2024

FISCAL YEAR BUDGET TO APPROPRIATE FROM FUND BALANCE TO

PAY EXPENDITURES RELATED TO COMPTON DUMP DAY PROGRAM

SPONSORED BY CALIFORNIA DEPARTMENT OF TRANSPORTATION
(CALTRANS) FOR THE COLLECTION OF HOUSEHOLD BULKY ITEMS
IN THE CITY OF COMPTON ($4,608.66).

SUMMARY
The City Council will consider adopting a resolution authorizing the City Manager to amend the 2023 – 2024 Fiscal Year Budget to appropriate from fund balance to pay expenditures related to the Compton Dump Day Program sponsored by California Department of Transportation (Caltrans) for the collection of household bulky items in the City of Compton at no cost to the City or its residents.

BACKGROUND
California Department of Transportation (“Caltrans”) manages more than 50,000 miles of California’s highway and freeway lanes, provides inter-city rail services, permits more than 400 public-use airports and special-use hospital heliports, and works with local agencies. Caltrans carries out its mission with six primary programs: Aeronautics, Highway Transportation, Mass Transportation, Transportation Planning, Administration and the Equipment Service Center.

In addition to managing highways and roads, Caltrans also offers local agencies dump day services to customers that do not have the resources to directly disposal household bulky items. Furthermore, Caltrans is an employer of individuals whose passion is to keep California clean by utilizing the “Dump Day” initiative, which is to provide State, County and Local agencies with resources to provide safe disposal alternatives and improve the quality of life for their residents.

STATEMENT OF THE ISSUE
The Clean California initiative is a multiyear clean-up effort led by Caltrans to keep roads and waterways free of litter, create thousands of jobs, and transform state and local public spaces through beautification efforts. As part of the litter collection component, Caltrans proposed free dump day events where the public could dispose of household waste safely and properly for free (Dump Day events).

7.7. Staff Report – Resolution Authorizing
California Department of Transportation
July 25, 2023, page 2 of 2
Caltrans offered to render its dump services free of charge to the City and residents of the City of Compton. At the request of the Mayor, residents had the opportunity to dispose of bulky items that they no longer needed or wanted. On the dates of November 5, 2022, February 4, 2023, March 25, 2023 and April 15, 2023, Compton residents dropped off their bulky items at 700 N. Bullis Road.

FISCAL IMPACT
Caltrans agreed to reimburse the City one hundred percent (100%) of cost for, including but not limited to, labor, equipment and/or dumping fees expended for Dump Day events (Dump Day Costs). Caltrans has agreed to reimburse the City in the amount Four Thousand Six Hundred Eight Dollars Sixty-Six Cents ($4,608.66) to fulfill its obligations under the agreement.

Prior to funds being expended, the FY 2023 – 2024 Budget must be amended to appropriate expenditures for funds that were received in Fiscal Year 2022 – 2023. Funds are available in fund 1518-000-000-2710 Fund Balance account.

Accordingly, the Public Works Fiscal Year 2023 – 2024 budget shall be amended as follows;
Increase Expenditure appropriations in the following accounts:

1518-710-DDO-4171 Overtime $1,866.36
1518-710-DDO-4234 Disposal Fees and Trash $ 726.21
1518-710-DDO-4249 Special Department Expenses $2,016.09

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

JERRY GROOMES

CITY MANAGER
RESOLUTION NO. ___________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AUTHORIZING THE CITY MANAGER TO AMEND THE 2023 – 2024

FISCAL YEAR BUDGET TO APPROPRIATE FROM FUND BALANCE TO

PAY EXPENDITURES RELATED TOCOMPTON DUMP DAY PROGRAM

SPONSORED BY CALIFORNIA DEPARTMENT OF TRANSPORTATION
(CALTRANS) FOR THE COLLECTION OF HOUSEHOLD BULKY ITEMS
IN THE CITY OF COMPTON ($4,608.66).

WHEREAS, California Department of Transportation (“Caltrans”) manages more than 50,000 miles of California’s highway and freeway lanes, provides inter-city rail services, permits more than 400 public-use airports and special-use hospital heliports, and works with local agencies. Caltrans carries out its mission with six primary programs:

Aeronautics, Highway Transportation, Mass Transportation, Transportation Planning, Administration and the Equipment Service Center; and
WHEREAS, in addition to managing highways and roads, Caltrans also offers local agencies dump day services to customers that do not have the resources to directly disposal household bulky items. Furthermore, Caltrans is an employer of individuals whose passion is to keep California clean by utilizing the “Dump Day” initiative, which is to provide State, County and Local agencies with resources to provide safe disposal alternatives and improve the quality of life for their residents; and WHEREAS, the Clean California initiative is a multiyear clean-up effort led by Caltrans to keep roads and waterways free of litter, create thousands of jobs, and transform state and local public spaces through beautification efforts. As part of the litter collection component, Caltrans is proposing free dump day events where the public can dispose of household waste safely and properly for free (Dump Day events); and WHEREAS, Caltrans offered to render its dump services free of charge to the City and residents of the City of Compton. At the request of the Mayor, residents had the opportunity to dispose of bulky items that they no longer needed or wanted. On the dates of November 5, 2022, February 4, 2023, March 25, 2023 and April 15, 2023, Compton residents dropped off their bulky items at 700 N. Bullis Road; and WHEREAS, Caltrans agreed to reimburse the City one hundred percent (100%) of cost for, including but not limited to, labor, equipment and/or dumping fees expended for Dump Day events (Dump Day Costs). Caltrans has agreed to reimburse the City in the amount Four Thousand Six Hundred Eight Dollars Sixty-Six Cents ($4,608.66) to fulfill its obligations under the agreement; and
WHEREAS, prior to funds being expended, the FY 2023 – 2024 Budget must be amended to appropriate expenditures for funds that were received in Fiscal Year 2022 – 2023. Funds are available in Fund 1518-000-000-2710 Fund Balance account; and WHEREAS, staff is recommending that the Council adopt and authorize the City Manager to amend the 2023 – 2024 Fiscal Year Budget to appropriate from fund balance to pay expenditures related to the Compton Dump Day Program sponsored by California Department of Transportation (Caltrans) for the collection of household bulky items in the City of Compton at no cost to the City or its residents; and

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

SECTION 1.That the City Manager amend the 2023 – 2024 Fiscal Year Budget, as a result of prior funds being expended appropriate expenditures for funds received in Fiscal Year 2022 – 2023 ($4,608.66)
Resolution No. __________

SECTION 2.That funds are available in fund 1518-000-000-2710 Fund Balance account.

SECTION 3.That the City Manager’s Office Fiscal Year 2023 – 2024 budget shall be amended as follows:

Increase Expenditure appropriations in the following accounts:

1518-710-DDO-4171 Overtime $1,866.36
1518-710-DDO-4234 Disposal Fees and Trash $ 726.21
1518-710-DDO-4249 Special Department Expenses $2,016.09 SECTION 4.That a copy of this Resolution shall be filed in the offices of Public Works, City Manager, City Attorney, City Controller, and the City Clerk.

SECTION 5.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 MEMBERS-
NOES: COUNCIL MEMBERS-
ABSENT: COUNCIL MEMBERS-
ABSTAIN: COUNCIL MEMBERS-
____________________________________

CITY CLERK OF THE CITY OF COMPTON
July 25, 2023
TO: MAYOR AND CITY COUNCIL MEMBERS
FROM: MUNICIPAL WATER DEPARTMENT
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON RESCINDING RESOLUTION NO. 25,730, AUTHORIZING THE CITY

MANAGER TO ENTER INTO AN AGREEMENT WITH AND ISSUE A

PURCHASE ORDER TO SOUTH BAY MILLWORKS FOR THE
CUSTOMER SERVICE AND THE TREASURER’S OFFICE FRONT

COUNTER REPLACEMENT PROJECT IN THE AMOUNT OF TWO

HUNDRED THIRTY-SEVEN THOUSAND TWO HUNDRED DOLLARS
($237,200.00)

SUMMARY
Adoption of this resolution will rescind Resolution No. 25,730 and authorize the City Manager to enter into an agreement with and issue a purchase order to South Bay Millworks in the amount of $237,200.00 for the Customer Service and the Treasurer’s Office front counter replacement project.

BACKGROUND
On April 17, 2017, the Municipal Water Department (Department) hired a private consultant to perform an Ergonomic Evaluation of several work stations throughout the Department, which included having an evaluation performed at the front counter. The front counter was deemed to be out of ADA (Americans with Disability Act of 1990) compliance, which ultimately led to the recommendation by the private consultant to completely replace the front counter as quickly as possible to be compliant with current standards and to prevent further injury to Department staff. At this time, the front counter has still not been replaced and has remained out of compliance.

The Department uses the front counter to assist walk-in customers with various transactions, which include, but are not limited to: opening and closing water accounts; assisting with water bill and payment related questions; and other customer service related tasks. Given the nature of the front counter and the customer service workload, several Customer Service Representatives have suffered and continue to suffer medical issues related to the front counter, which has affected the Department’s productivity.

Furthermore, the Treasurer’s Office uses the front counter to collect payments for departments throughout the City.

8.8.8.8. Staff Report – Resolution South Bay Millworks
July 25, 2023 Page 2
The Department originally brought this resolution before City Council requesting approval on September 27, 2022. Unfortunately, the previous resolution did not list the correct account number that the funds would be allocated from; it also did not indicate that the Department would be requesting to enter into an agreement with South Bay Millworks.

Therefore, the Department must rescind the original resolution to correct these two issues.

STATEMENT OF THE ISSUE
On April 11, 2022, the Department opened the Request for Proposal (RFP) process to solicit bids for the Customer Service and the Treasurer’s Office front counter replacement project. The Department attempted to solicit quotes from three (3) reputable companies; however, upon the submission deadline of April 28, 2022, we were only able to garner a response from one (1) company. Furthermore, this is the second time the RFP process was initiated for the same project, and the first RFP process resulted in one (1) submission from the same company as well. The price for the front counter replacement project has more than doubled from the initial quote due to inflation (higher cost of materials), which makes it fiscally responsible to correct the issue as quickly as possible.

The company and their response are listed below:

Vendor Purchase Price
South Bay Millworks $237,200.00
Staff has determined that South Bay Millworks was deemed the lowest responsive and responsible bidder.

The proposal is itemized as follows:

Description Amount
Treasurer Office - Cashier Counter $86,000.00
Customer Service Counter $59,400.00
Level 3 Ballistic Glass $87,000.00
Shop Drawings $4,800.00
Total $237,200.00

ALTERNATIVES
Staff does not recommend any alternatives.

FISCAL IMPACT
Funds for this project will be allocated from the Department’s fund balance.

Staff Report – Resolution South Bay Millworks
July 25, 2023 Page 3
ACCOUNT NO. DESCRIPTION AMOUNT
5000-000-000-2710 Fund Balance $237,200.00
Increase Expenditures in the following Accounts:

ACCOUNT NO. DESCRIPTION AMOUNT
5000-890-000-4262 Other Professional Services $237,200.00 It should be noted that the Department is not requesting any additional funds, as these funds have already been allocated. The Department is only requesting that the original resolution be rescinded to make minor corrections.

RECOMMENDATION
Staff recommends that Council adopt the attached Resolution, which rescinds Resolution No. 25,730, and authorizes the City Manager to enter into an agreement with and issue a purchase order to South Bay Millworks in the amount of $237,200.00 for the Customer Service and the Treasurer’s Office front counter replacement project.

VICTOR MEZA

GENERAL MANAGER

MUNICIPAL WATER DEPARTMENT
APPROVED FOR FORWARDING:

JERRY GROOMES

CITY MANAGER
RESOLUTION NO. ___________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON RESCINDING RESOLUTION NO. 25, 730, AUTHORIZING THE CITY

MANAGER TO ENTER INTO AN AGREEMENT WITH AND ISSUE A

PURCHASE ORDER TO SOUTH BAY MILLWORKS FOR THE CUSTOMER
SERVICE AND THE TREASURER’S OFFICE FRONT COUNTER

REPLACEMENT PROJECT IN THE AMOUNT OF TWO HUNDRED THIRTY- SEVEN THOUSAND TWO HUNDRED DOLLARS ($237,200.00)
WHEREAS, on April 17, 2017, the Municipal Water Department (Department) hired a private consultant to perform an Ergonomic Evaluation of several work stations throughout the Department, which included having an evaluation performed at the front counter. The private consultant recommended that the Department completely replace the front counter as quickly as possible to be compliant with current standards and to prevent further injury to Department staff; and
WHEREAS, the Department uses the front counter to assist walk-in customers with various transactions, which include, but are not limited to: opening and closing water accounts, assisting with water bill and payment related questions, and other customer service related tasks; and
WHEREAS, the Treasurer’s Office uses the front counter to collect payments for departments throughout the City; and
WHEREAS, the Department attempted to solicit quotes from three (3) reputable companies; however, upon the submission deadline of April 28, 2022, we were only able to garner a response from one (1) company; and
WHEREAS, staff has determined that South Bay Millworks was deemed the lowest responsive and responsible bidder; and
WHEREAS, funds in the amount of $237,200.00 will be allocated from the Department’s fund balance in Account No. 5000-000-000-2710; and WHEREAS, the Department originally brought this resolution before City Council requesting approval on September 27, 2022 (Resolution No. 25,730); and WHEREAS, unfortunately, the previous resolution did not list the correct account number that the funds would be allocated from; it also did not indicate that the Department would be requesting to enter into an agreement with South Bay Millworks.

Therefore, the Department must rescind the original resolution to correct these two issues.

Resolution No. ____________

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

SECTION 1. That Resolution No 25,730 is hereby amended.

SECTION 2. That the City Manager is hereby authorized to enter into an agreement with and issue a purchase order to South Bay Millworks in the amount of two hundred thirty-seven thousand two hundred dollars ($237,200.00).

SECTION 3. That the Fiscal Year 2023-2024 Budget shall be amended to allocate $237,200.00 from Account No. 5000-000-000-2710 (Fund balance).

SECTION 4. That Fiscal Year 2023-2024 Municipal Water Department Budget shall be amended by increasing expenditures in Account No. 5000-890-000-4262 (Other Professional Services) by $237,200.00.

SECTION 5.That a copy of this Resolution shall be filed in the offices of the City Manager, City Controller, City Clerk and the Compton Municipal Water 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
Resolution No. ____________

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 forgoing 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 MEMBERS-
NOES: COUNCIL MEMBERS-
ABSENT: COUNCIL MEMBERS-
ABSTAIN: COUNCIL MEMBERS-
___________________________________

CITY CLERK OF THE CITY OF COMPTON

PROFESSIONAL SERVICES AGREEMENT

BETWEEN

THE CITY OF COMPTON
AND

SOUTH BAY MILLWORKS
This PROFESSIONAL SERVICES AGREEMENT (Agreement) is entered into by and between the CITY OF COMPTON, a municipal corporation of the State of California (hereinafter referred to as City) located at 205 South Willowbrook Avenue, Compton California 90220 and SOUTH BAY MILLWORKS, (hereinafter referred to as (Contractor) located at 18434 S Broadway Street, Carson, California 90248, (each a Party and collectively, the Parties).

RECITALS
A. City is a municipal corporation duly organized and validly existing under the law of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City.

B. Contractor is a corporation duly organized and in good standing in the State of California. Contractor represents that it is duly licensed by the State of California and has the background, knowledge, experience and expertise to perform the obligations set forth in this Agreement.

C. City does not have available personnel specifically trained and experienced to perform the services required and requires the services of a contractor trained, certified and experienced with providing millwork and cabinetry related to the customer service and Treasurer counter replacement.

D. Authorization to enter into this Agreement is pursuant to Resolution No. , adopted by the City Council on 2023.

WHEREFORE, the City and Contractor, for the consideration, terms and conditions herein described, mutually agree as set forth below:

1.0 Services to be Performed by Contractor:

Contractor shall perform, in a professional manner, everything required to be performed, shall provide and furnish all professional, technical, clerical services, labor, materials, tools, equipment, transportation, utilities, telephone, etc. used by Contractor in connection with providing millwork and cabinetry related to the customer service and Treasurer counter replacement including the following:

TREASURER COUNTER$ 86,000.00
Demo existing cabinets, counter top, ballistic glass. Make new counter wall to ADA specifications. Add new work stations with p-lam cabinets with doors and drawers below.

P-lam counter top and P-lam transaction counter top. Cabinet doors to have locks.

WATER DEPARTMENT COUNTER$ 59,400.00
Demo existing cabinets, counter top, ballistic glass. Make new counter wall to ADA specifications. Add new work stations with p-lam cabinets with doors and drawers below. P-lam counter top and P-lam transaction counter top. Cabinet doors to have locks.

BALLISTIC GLASS$ 87,000.00
Add new ballistic glass to treasure counter and water department with cutouts for sound speakers and transaction tray. Lower portion of teller stands to have ballistic sheeting.

SHOP DRAWINGS$ 4,800.00
Grand Total: $ 237,200.00

The following items are not included in this agreement unless specifically noted within the original proposal or the drawing. Custom hardware not specified by the architect or owner, glass or metal, electrical or plumbing work, windows and window frames, doors and door frames, steel counter supports welded to studs in wall, stone or solid surface material, fabric wall covering, tack boards or marker boards, grommets not specified in the original proposal. Any additional trips due to the job site not being ready for field measurements.

Installation or partial installation and matching of existing finishes will be subject to up charges. If the City uses South Bay Millworks control samples there will be no additional charges; however, there will be a $200 charge for custom control samples. This project requires a deposit of $118,600.00, which is equal to 50% of the total cost of the project before any work begins. Once a project is completed, final payment is due within 30 working days. If any invoice is not paid in full within 30 days after its billing date, the customer agrees to pay 25% per month of the unpaid portion of the invoice. Customer agrees to pay all cost of collection including reasonable attorney fees and court costs.

Contractor will be responsible for the professional quality, technical accuracy and coordination of the services. Contractor will, without additional compensation, correct or revise any errors or deficiencies in the services.

Contractor agrees to perform all the said work and furnish all the said materials at its own cost and expense, as are necessary to complete in a good worker-like and substantial manner and to the satisfaction of the City.

2.0 Term of the Contract:

The Contractor shall commence performance of the work upon receipt of the deposit amount of $118,600.00 and will proceed in a diligent and professional manner to perform and execute the assigned tasks and agreed services are completed, unless Agreement is extended or terminated as provided herein.

3.0 BUSINESS LICENSE
Consultant shall obtain a City business license prior to commencing performance under this Agreement.

8. COMPLIANCE WITH LAWS
Consultant shall keep informed of State, Federal and Local laws, ordinances, codes and regulations that in any manner affect those employed by it or in any way affect the performance of its services pursuant to this Agreement. The Consultant shall at all times comply with such laws, ordinances, codes and regulations. Without limiting the generality of the foregoing, if Consultant is an out-of-state corporation or LLC, it must be qualified and registered to do business in the State of California pursuant to sections 2105 and 17708.02 of the California Corporations Code. The City, its officers and employees shall not be liable at law or in equity occasioned by failure of Consultant to comply with this Section.

9. CONFLICT OF INTEREST
Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by Consultant under this Agreement, or which would conflict in any manner with the performance of its services hereunder.

During the term of this Agreement, Consultant shall not perform any work for another person or entity for whom Consultant was not working at the Commencement Date if both: (i) such work would require Consultant to abstain from a decision under this Agreement pursuant to a conflict of interest statute; and (ii) City has not consented in writing prior to Consultant’s performance of such work.

10. PERSONNEL
Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services identified in the Scope of Services. All such services shall be performed by Consultant or under its supervision, and all personnel engaged in the work shall be qualified to perform such services. Consultant reserves the right to determine the assignment of its own employees to the performance of Consultant’s services under this Agreement, but City reserves the right, for good cause, to require Consultant to exclude any employee from performing services on City’s premises. South Bay Millworks shall be Consultant’s project administrator and shall have direct responsibility for management of Consultant’s performance under this Agreement.

No change shall be made in Consultant’s project administrator without City’s prior written consent.

11. OWNERSHIP OF WRITTEN PRODUCTS
All reports, documents or other written material (“written products”) developed by Consultant in the performance of this Agreement shall be and remain the property of City without restriction or limitation upon its use or dissemination by City. Consultant may take and retain copies of such written products as desired, but no such written products shall be the subject of a copyright application by Consultant. If any state, federal, or local law requires mandatory copyright protection for Consultant’s work product, City shall comply with such laws to the extent feasible.

12. INDEPENDENT CONTRACTOR

12.1 Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise to act on behalf of City as an agent. Neither City nor any of its officers, employees or agents shall have control over the conduct of Consultant or any of Consultant’s employees, except as set forth in this Agreement. Consultant shall not at any time represent that it is, or that any of its agents or employees are, in any manner employees of City.

12.2 The Parties further acknowledge and agree that nothing in this Agreement shall create or be construed to create a partnership, joint venture, employment relationship or any other relationship except as set forth in this Agreement.

12.3 City shall not deduct from the Compensation paid to Consultant any sums required for Social Security, withholding taxes, FICA, state disability insurance or any other federal, state or local tax or charge which may or may not be in effect or hereinafter enacted or required as a charge or withholding on the compensation paid to Consultant. City shall have no responsibility to provide Consultant, its employees or subcontractors with workers’ compensation insurance or any other insurance.

13. CONFIDENTIALITY
All data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without prior written consent by City. City shall grant such consent if disclosure is legally required. Upon request, all City data and any copies thereof shall be returned to City upon the termination or expiration of this Agreement.
14 NON-LIABILITY OF CITY OFFICIALS AND EMPLOYEES
No official or employee of the City shall be personally liable to Consultant in the event of any default or breach by City, or for any amount which may become due to Consultant.

15. INDEMNIFICATION

15.1 The Parties agree that City, its officers, agents, elected and appointed officials, employees, affiliated public agencies and volunteers should, to the extent permitted by law, be fully protected from any loss, injury, damage, claim, lawsuit, cost, expense, attorneys’ fees, litigation costs, or any other cost arising out of or in any way related to the performance of this Agreement. Accordingly, the provisions of this indemnity provision are intended by the Parties to be interpreted and construed to provide the fullest protection possible under the law to City.

Consultant acknowledges that City would not enter into this Agreement in the absence of Consultant’s commitment to indemnify and protect City as set forth herein.

15.2 To the full extent permitted by law, Consultant shall indemnify, hold harmless and defend City, its officers, agents, elected and appointed officials, employees, affiliated public agencies and volunteers from and against any and all claims, demands, lawsuits, causes of action, losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from or arising out of any alleged intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of Consultant or any of its officers, employees, servants, agents, or subcontractors in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys’ fees incurred by counsel of City’s choice and expert witness fees and consultant fees.

15.3 City shall have the right to offset against the amount of any compensation due Consultant under this Agreement any amount due City from Consultant as a result of Consultant’s failure to pay City promptly any indemnification arising under this Section 15 or related to Consultant’s failure to either: (i) pay taxes on amounts received pursuant to this Agreement or (ii) comply with applicable workers’ compensation laws.

15.4 The obligations of Consultant under this Section 15 will not be limited by the provisions of any workers’ compensation act or similar act. Consultant expressly waives its statutory immunity under such statutes or laws as to City, its officers, agents, employees and volunteers.

15.5 Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Section 15 from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. In the event Consultant fails to obtain such indemnity obligations from others as required herein, Consultant agrees to be fully responsible and indemnify, hold harmless and defend City, its officers, agents, elected and appointed officials, employees, affiliated public agencies and volunteers from and against any and all claims, demands, lawsuits, causes of action, losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from or arising out of any alleged intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of Consultant’s subcontractors or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement.

Such costs and expenses shall include reasonable attorneys’ fees incurred by counsel of City’s choice and expert witness fees and consultant fees.

15.6 City does not, and shall not, waive any rights that it may possess against Consultant because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. This hold harmless and indemnification provision shall apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense.

15.7PERS ELIGIBILITY INDEMNITY. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.

16. INSURANCE

16.1 During the term of this Agreement, Consultant shall carry, maintain, and keep in full force and effect insurance against claims for death or injuries to persons or damages to property that may arise from or in connection with Consultant’s performance of this Agreement.

Such insurance shall be of the types and in the amounts as set forth below:

16.1.1 Comprehensive general liability, and Umbrella or Excess Liability Insurance covering all operations by or on behalf of Consultant providing insurance for bodily injury liability and property damage liability for the following and including coverage for:

16.1.1.1 Premises, operations, and mobile equipment

16.1.1.2 Products and completed operations

16.1.1.3 Broad form property damage (including completed operations)

16.1.1.4 Explosion, collapse, and underground hazards

16.1.1.5 Personal Injury

16.1.1.6 Contractual liability
in the amount of One Million Dollars ($1,000,000) per occurrence combined single limit; Two Million Dollars ($2,000,000) aggregate for products/completed operation; Two Million Dollars ($2,000,000) general aggregate (General aggregate must apply separately to Consultant’s work under this Agreement.); and Five Million Dollars ($5,000,000) umbrella or excess liability.

16.1.2 Automobile Liability Insurance for owned, hired and non-owned vehicles utilized by Consultant, its employees or subcontractors, in the amount of One Million Dollars ($1,000,000) per accident for bodily injury and property damage.

16.1.3 Worker’s Compensation Insurance as required by the laws of the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than One Million Dollars ($1,000,000) per accident for bodily injury or disease.

16.1.4 Professional Liability Insurance against errors and omissions in the performance of the work under this Agreement with coverage limits of not less than One Million Dollars ($1,000,000) per occurrence of claim/ Two Million Dollars ($2,000,000) in the aggregate.

16.2 Consultant shall require each of its subcontractors, if any, to maintain insurance coverage that meets all of the requirements of this Agreement.

16.3 The policy or policies required by this Agreement shall be issued by an insurer admitted in the State of California and with a rating of at least A:VII in the latest edition of Best’s Insurance Guide.

16.4 Consultant agrees that if it does not keep the aforesaid insurance in full force and effect City may either: (i) immediately terminate this Agreement; or (ii) take out the necessary insurance and pay, at Consultant’s expense, the premium thereon.

16.5 At all times during the term of this Agreement, Consultant shall maintain on file with City’s Risk Manager a certificate or certificates of insurance showing that the aforesaid policies are in effect in the required amounts and, for the general liability and automobile liability policies, naming the City as an additional insured. Consultant shall, prior to commencement of work under this Agreement, file with City’s Risk Manager such certificate(s).

16.6 Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Consultant shall provide such proof to City at least two weeks prior to the expiration of the coverages.

16.7 The general liability and automobile policies of insurance required by this Agreement shall contain an endorsement naming City, its officers, employees, agents and volunteers as additional insureds. All of the policies required under this Agreement shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty days’ prior written notice to City. Consultant agrees to require its insurer to modify the certificates of insurance to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word “endeavor” with regard to any notice provisions.

16.8 The general liability and automobile policies of insurance provided by Consultant shall be primary to any coverage available to City. Any insurance or self-insurance maintained by City, its officers, employees, agents or volunteers, shall be in excess of Consultant’s insurance and shall not contribute with it.

16.9 All insurance coverage provided pursuant to this Agreement shall not prohibit Consultant, and Consultant’s employees, agents or subcontractors, from waiving the right of subrogation prior to a loss. Consultant hereby waives all rights of subrogation against the City.

16.10 Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of City, Consultant shall either reduce or eliminate the deductibles or self- insured retentions with respect to City, or Consultant shall procure a bond guaranteeing payment of losses and expenses.

16.11 Procurement of insurance by Consultant shall not be construed as a limitation of Consultant’s liability or as full performance of Consultant’s duties to indemnify, hold harmless and defend under Section 15 of this Agreement.

16.12 If Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

17. MUTUAL COOPERATION

17.1 City shall provide Consultant with all pertinent data, documents and other requested information as is reasonably available to City for the proper performance of Consultant’s services under this Agreement.

17.2 In the event any claim or action is brought against City relating to Consultant’s performance in connection with this Agreement, Consultant shall render any reasonable assistance that City may require.

18. RECORDS AND INSPECTIONS
Consultant shall maintain full and accurate records with respect to all matters covered under this Agreement for a period of three years after the expiration or termination of this Agreement. City shall have the right to access and examine such records, without charge, during normal business hours. City shall further have the right to audit such records, to make transcripts therefrom and to inspect all program data, documents, proceedings, and activities.

19. PERMITS AND APPROVALS
Consultant shall obtain, at its sole cost and expense, all permits and regulatory approvals necessary in the performance of this Agreement. This includes, but shall not be limited to, encroachment permits and building and safety permits and inspections.

20. NOTICES
Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on: (i) the day of delivery if delivered by hand, facsimile, email, or overnight courier service during Consultant’s and City’s regular business hours; or (ii) on the third business day following deposit in the United States mail if delivered by mail, postage prepaid, to the addresses listed below (or to such other addresses as the Parties may, from time to time, designate in writing).

If to City: If to Consultant:

Victor Meza, Water Dept. General Manager
City of Compton
205 S Willowbrook Ave.

Compton CA 90220

South Bay MilllWorks
David Aranda, Owner
18434 S Broadway St.

Carson CA 90248

With a courtesy copy to:

Eric Perrodin, City Attorney
City of Compton
205 S Willowbrook Ave.

Compton CA 90220

21. SURVIVING COVENANTS
The Parties agree that the covenants contained in Sections 13, 15 and Paragraph 17.2 of Section 17, of this Agreement shall survive the expiration or termination of this Agreement.

22. TERMINATION

22.1. City shall have the right to terminate this Agreement for any reason on five (5) calendar days’ written notice to Consultant. Consultant shall have the right to terminate this Agreement for any reason on sixty (60) calendar days’ written notice to City. The effective date of termination shall be upon the date specified in the notice of termination. Consultant agrees that in the event of such termination, City’s obligation to pay Consultant shall be limited to payment only for those services satisfactorily rendered, as solely determined by the City, prior to the effective date of termination. Consultant agrees to cease all work under this Agreement on or before the effective date of any notice of termination. All City data, documents, objects, materials or other tangible things shall be returned to City upon the termination or expiration of this Agreement.

22.2 If City terminates this Agreement due to no fault or failure of performance by Consultant, then Consultant shall be paid based on the work satisfactorily performed, as solely determined by the City, at the time of termination. In no event shall Consultant be entitled to receive more than the amount that would be paid to Consultant for the full performance of the services required by this Agreement.

23. ASSIGNMENT
Consultant shall not delegate, transfer, subcontract or assign its duties or rights hereunder, either in whole or in part, without City’s prior written consent, and any attempt to do so shall be void and of no effect. City shall not be obligated or liable under this Agreement to any Party other than Consultant.

24. NON-DISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY

24.1 In the performance of this Agreement, Consultant shall not discriminate against any employee, subcontractor, or employment applicant because of race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition or sexual orientation. Consultant will take affirmative action to ensure that subcontractors, employees, and employment applicants are treated without regard to their race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition or sexual orientation.

24.2 Consultant will, in all solicitations or advertisements for employees placed by or on behalf of Consultant state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition or sexual orientation.

24.3 Consultant will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials.

25. WARRANTIES

25.1 Each Party has received independent legal advice from its attorneys with respect to the advisability of entering into and executing this Agreement, or been provided with an opportunity to receive independent legal advice and has freely and voluntarily waived and relinquished the right to do so. Each Party who has not obtained independent counsel acknowledges that the failure to have independent legal counsel will not excuse such Party’s failure to perform under this Agreement.

25.2 In executing this Agreement, each Party has carefully read this Agreement, knows the contents thereof, and has relied solely on the statements expressly set forth herein and has placed no reliance whatsoever on any statement, representation, or promise of any other party, or any other person or entity, not expressly set forth herein, nor upon the failure of any other party or any other person or entity to make any statement, representation or disclosure of any matter whatsoever.

25.3 It is agreed that each Party has the full right and authority to enter into this Agreement, and that the person executing this Agreement on behalf of either Party has the full right and authority to fully commit and bind such Party to the provisions of this Agreement.

26. CAPTIONS

26.1 The captions appearing at the commencement of the sections hereof, and in any paragraph thereof, are descriptive only and for convenience in reference to this Agreement.

Should there be any conflict between such heading, and the section or paragraph thereof at the head of which it appears, the section or paragraph thereof, as the case may be, and not such heading, shall control and govern in the construction of this Agreement.

26.2 Masculine or feminine pronouns shall be substituted for the neuter form and vice versa, and the plural shall be substituted for the singular form and vice versa, in any place or places herein in which the context requires such substitution(s).

27. NON-WAIVER

27.1 The waiver by City or Consultant of any breach of any term, covenant or condition herein contained shall not be deemed to be a waiver of such term, covenant or condition or of any subsequent breach of the same or any other term, covenant or condition herein contained. In no event shall the making by City of any payment to Consultant constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Consultant, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. No term, covenant or condition of this Agreement shall be deemed to have been waived by City or Consultant unless in writing.

27.2 Each right, power and remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise shall be cumulative and shall be in addition to every other right, power, or remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise. The exercise, the commencement of the exercise, or the forbearance of the exercise by any Party of any one or more of such rights, powers or remedies shall not preclude the simultaneous or later exercise by such Party of any of all of such other rights, powers or remedies.

27.3 Consultant shall not be liable for any failure to perform if Consultant presents acceptable evidence, in City’s sole judgment, that such failure was due to causes beyond the control and without the fault or negligence of Consultant.

28. COURT COSTS AND ATTORNEY FEES
In the event legal action shall be necessary to enforce any term, covenant or condition herein contained, the Party prevailing in such action, whether reduced to judgment or not, shall be entitled to its reasonable court costs, including accountants’ fees and expert witness fees, if any, and attorneys’ fees expended in such action. The venue for any litigation shall be Los Angeles County, California.

29. SEVERABILITY
If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, then such term or provision shall be amended to, and solely to, the extent necessary to cure such invalidity or unenforceability, and in its amended form shall be enforceable. In such event, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law.

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

31. COUNTERPARTS
This Agreement may be signed in any one or more counterparts all of which taken together shall be but one and the same Agreement. Any signed copy of this Agreement or of any other document or agreement referred to herein, or copy or counterpart thereof, delivered by facsimile or email transmission, shall for all purposes be treated as if it were delivered containing an original manual signature of the Party whose signature appears in the facsimile or email and shall be binding upon such Party in the same manner as though an originally signed copy had been delivered.

32. ENTIRE AGREEMENT
All documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. In the event of any material discrepancy between the express provisions of this Agreement and the provisions of any document incorporated herein by reference, the provisions of this Agreement shall prevail. This instrument contains the entire Agreement between City and Consultant with respect to the transactions contemplated herein. No other prior oral or written agreements are binding upon the Parties. Amendments hereto or deviations here from shall be effective and binding only if made in writing and executed by City and Consultant.

TO EFFECTUATE THIS AGREEMENT, the Parties have caused their duly authorized representatives to execute this Agreement on the dates set forth below. “CITY”

CITY OF COMPTON
Approved by:

By: __________________________________ Dated: ______________ Jerry Groomes, City Manager
Approved as to form:

By: _________________________________ Dated: ______________ Eric Perrodin, City Attorney
ATTEST:

Dated: _________________ By: ______________________________ Vernell McDaniel, City Clerk
“CONTRACTOR “

SOUTH BAY MILLWORKS
By: ___________________________________ Dated: ______________ David Aranda, Owner

July 25, 2023
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: HUMAN RESOURCES DEPARTMENT
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON

APPROVING A MEMORANDUM OF AGREEMENT (MOA) BETWEEN

THE CITY OF COMPTON AND THE COMPTON FIREFIGHTERS, LOCAL 2216 FOR FISCAL YEAR 2019-2024

SUMMARY
The City Council will consider this resolution adopting a five-year employment contract (Memorandum of Agreement) between the City of Compton and Compton Firefighters, Local 2216.

BACKGROUND
The proposed MOA is for Compton Firefighters, Local 2216 representing Fire employees in the City of Compton.

The previous union agreement between the City and Compton Firefighters, Local 2216 expired on June 30, 2019. In June 2023, the Compton Firefighters, Local 2216 came to a Tentative Agreement modifying the terms of the MOA for a period of five years. In June 2023, the City and Compton Firefighters, Local 2216 ratified the agreement.

STATEMENT OF THE ISSUE
Over the past months, the City has been negotiating with Compton Firefighters, Local 2216 regarding salary and benefits and has come to an agreement. Compton Firefighters, Local 2216 has met with its members and voted to approve the terms of contract agreed to during negotiations. The proposed ratified MOA must now be approved by the City Council, at which point the MOA can be executed and implemented.

FISCAL IMPACT
The estimated fiscal impact of the 7.5% base pay increase for Compton Firefighters, Local 2216 for fiscal year 2022-2023 is $871,455.43.

The estimated fiscal impact of the 4% base pay increase for Compton Firefighters, Local 2216 for fiscal year 2023-2024 is $646,074.87.

9.9.9.9. Staff Report- Resolution Approving MOA (FY 2019-2024) Compton Firefighters, Local 2216
July 25, 2023, page 2

RECOMMENDATION
Staff recommends approval of the attached Resolution adopting the MOA for Compton Firefighters, Local 2216.

SHRISTIE N. TORRES

HUMAN RESOURCES DIRECTOR
APPROVED FOR FORWARDING:

JERRY GROOMES

CITY MANAGER
RESOLUTION NO. __________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

COMPTON APPROVING A MEMORANDUM OF AGREEMENT
(MOA) BETWEEN THE CITY OF COMPTON AND THE COMPTON
FIREFIGHTERS, LOCAL 2216 FOR FISCAL YEAR 2019-2024
WHEREAS, the City of Compton has fulfilled its meet and confer obligations as required by the Meyers-Millais-Brown Act; and WHEREAS, the negotiations have resulted in an agreement with the City of Compton and the Compton Firefighters, Local 2216 Unit; and WHEREAS, the previous union agreement between the City and Compton Firefighters, Local 2216 expired on June 30, 2019. In June 2023, the Compton Firefighters, Local 2216 came to a Tentative Agreement modifying the terms of the MOA for a period of five years. In June 2023, the City and Compton Firefighters, Local 2216 ratified the agreement; and WHEREAS, it is in the best interest of the City to adopt this agreement as proposed; and
WHEREAS, the estimated fiscal impact of the 7.5% base pay increase for Compton Firefighters, Local 2216 for fiscal year 2022-2023 is $871,455.43; and
WHEREAS, the estimated fiscal impact of the 4% base pay increase for Compton Firefighters, Local 2216 for fiscal year 2023-2024 is $646,074.87; and WHEREAS, the account codes shown below for Salaries (4101), Payroll Taxes (4179), Retirement (4192), PERS Pickup (4193) and Overtime (4171) will be used for the increases for a total of $1,517,530.31; and Account Amount
1001-690-000-4101 $716,495.10
1001-690-000-4179 $18,700.52
1001-690-000-4192 $80,319.10
1001-690-000-4193 $57,319.61
1001-690-000-4171 $644,695.98
WHEREAS, there are no budget amendments needed.

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

Section 1. That the City Council of the City of Compton does hereby approve the Memorandum of Agreement executed by the representatives of the Compton Firefighters, Local 2216 Unit, a copy of which is attached hereto and incorporated herein by reference.

Section 2. That the City Manager is hereby directed to execute and implement the Memorandum of Agreement in accordance with the provisions of this Resolution.

Section 3.That this Resolution and the Memorandum of Agreement incorporated herein shall supersede any provisions of previously adopted City policies that conflict with the provisions of this Memorandum of Agreement.

Resolution No. ____________

Section 4.That a certified copy of this Resolution shall be forwarded to the offices of the City Attorney, City Clerk, City Manager, City Controller, Compton Firefighters, Local 2216 Unit and the Human Resources Department.

Section 5. 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 ) ss
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 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: COUNCIL MEMBERS-
NOES: COUNCIL MEMBERS-
ABSENT: COUNCIL MEMBERS-
ABSTAIN: COUNCIL MEMBERS-
____________________________________

CITY CLERK OF THE CITY OF COMPTON

1 TENTATIVE AGREEMENT

FOR MEMORANDUM OF AGREEMENT (MOA)
BETWEEN CITY OF COMPTON AND IAFF LOCAL 2216
June 26, 2023

1. ARTICLE 3. MAINTENANCE OF MEMBERSHIP
Delete in light of Janus.

2. ARTICLE 4. PAYROLL DEDUCTIONS
Modify as follows in light of Janus:

It is mutually agreed that the City will deduct dues and assessments once each month, and other monies, provided there is not more than one deduction per pay period., The Treasurer of the Union shall certify to the City the current bargaining unit employees who have provided written authorization for payroll deductions to the Union and the in ancorrect amount certified to be correct by the Treasurer of the Union,deducted from the pay of those employees who individually request in writing that such deductions be made. The total amount of all such deductions shall be remitted by the City to the Treasurer of the Union. The Union also agrees to maintain the individual employees’ current written authorization forms to make such deductions. This authorization process for making payroll dues deductions shall remain in full force and effect during the term of this Agreement as specified in Council Resolution No. 10,471.

The City shall not be responsible for failure to terminate a dues deduction absent advance written notice of such revocation by the Union. The Union will be responsible for refunding any deductions to non-member employees whom the City has already remitted to the Union after such cancellation or revocation. Local 2216 agrees to indemnify and hold the City harmless against all claims, suits, orders or judgments brought or issued against the City as a result of dues deductions or transmittal of such funds to Local 2216, including claims for deductions made in reliance on the Union’s representations and certifications regarding valid written employee dues deduction authorizations (exclusive of errors in computation made by the Controller's Department).

3. ARTICLE 6. DISCRIMINATION
Modify as follows to conform with law:

The Cityemployer shall not discriminate against any employee for his activity in behalf of, or membership in the Union, and the Union shall not permit members in supervisory capacities to discriminate against non-Union employees in matters relating, but not limited to, duty assignments. Neither the Firefighters Union nor City shall discriminate against any employee because of race, sex, sexual orientation, creed, age, handicap, religion, or political affiliations or any other basis or classification protected by law.

2 4. ARTICLE 11. VACATION LEAVE
Modify Subsection B as follows:

B. Vacation in excess of three shifts may be compensated for by payment at straight time in lieu of time off, contingent upon departmental scheduling of available time and at the City Manager’s discretion.

5. ARTICLE 24. EDUCATIONAL INCENTIVE PAY
Modify to include Associate of Art degree:

A. Employees within the Unit hired prior to January 1, 2001, who have received the following certificates or degrees, shall be eligible for compensation in addition to base pay as follows:
% of Base Pay
24 or more college semester units in Fire Science/Technology 2.5% "Fire Officers' Certificate", State of California 2.5%
Associate of Science or Arts Degree 5.0%

B. In no case shall an employee be eligible for an Education Incentive in excess of 5% of his base pay.

C. Any employee hired as of January 1, 2001 shall receive $300.00 per month for an Associate of Science or Arts degree or higher. Any employee who possesses 24 units in Fire Science/Technology shall receive $150.00 per month. The amounts are not cumulative.

6. ARTICLE 26. PREMIUM PAY
Modify as follows:

Employees assigned to work requiring specified duties which require skills and abilities not contemplated in the employee's normal assignments in the areas described in this section shall receive premium pay only while so assigned.

Such premium pay shall be for the hours actually worked in the assignment. Assignment and reassignment shall be made by the department head, subject to the approval of the City Manager.

A. FIRE PREVENTION AND SPECIAL ASSIGNMENT:

Fire Prevention, Paramedic Coordinator and other special 40-hour assignments shall receive a 10% premium per month additional compensation.

3 B. PARAMEDIC ASSIGNMENT
Any Firefighter regularly assigned to serve as a paramedic shall receive, upon certification, 10% of base pay per month additional compensation, as long as he/she maintains competent performance as a paramedic.

Firefighters shall receive 19% of base pay per month additional compensation at the beginning of the second year of paramedic assignment as long as: (1) his/her certification remains current, and (2) he/she maintains an evaluation of competent performance as a paramedic, and (3) he/she must be assigned to paramedic duty. Maximum additional compensation for a paramedic assignment is 19% of base pay.

C. Any Fire Captain or Fire Engineer regularly assigned to serve as a paramedic shall receive $600.00 per month additional compensation when: (1) he/she has been assigned, and (2) his/her certification remains current, and (3) he/she maintains an evaluation of competent performance as a paramedic.

D. Any Fire Captain, Fire Engineer or Firefighter maintaining a current EMT-paramedic certification who is not assigned as a paramedic shall receive $300.00 per month additional compensation.

E. Any Fire Captain, Fire Engineer or Firefighter maintaining a Hazardous Materials First Responder Operational certification shall receive $200.00 per month additional compensation.

F. Any Fire Captain, Fire Engineer or Firefighter regularly assigned to a specialty Urban Search and Rescue, Hazardous Materials, Swiftwater or Arson Team shall receive $200.00 per month additional compensation.

G. Any member whom is assigned to a USAR taskforce and responds and participates in an actual emergency event shall receive $50 per day while committed to that event.

H. BILINGUAL ASSIGNMENT
1) Effective the first full pay period following Council approval of this agreement, the City agrees to pay $34.62 bi-weekly ($75.00/monthly) to Unit members when assigned to provide oral or written bilingual services. Employees shall be required to pass a qualifying examination administered by the City to determine proficiency for bilingual assignment.
2) Employees committed to the bilingual assignments shall be obligated to provide such service to the City as needed.
3) The languages covered are Spanish and American Sign Language (ASL) and any other language as approved by the City Manager.

4 7. ARTICLE 30. BASE PAY
Modify as follows:

A. The monthly salary range for each of the classifications covered by this Memorandum of Agreement shall be set as follows:

Effective July 1, 2014, all employees shall receive a 10% increase to base pay which shall be reflected in the salary range.

Classification Range/Effective 7/1/1423prior to adjustments below Fire Fighter 140146
Fire Engineer 156162
Fire Captain 172178
B. Adjustments to Compensation
1) For the 2022-2023 fiscal year, effective retroactive to July 1, 2022, there will be seven and 1/2 (7.5%) percent wage increase to base pay for unit members, which shall be reflected in the City’s salary ranges. The payment will be made within ninety (90) days from City Council approval of the entire MOA.
2) For the 2023-2024 fiscal year, effective the second full pay period following City Council approval of the MOA, there will be a four (4%) percent wage increase to base pay for unit members, which shall be reflected in the City’s salary ranges.

C. The City intends to conduct a classification and compensation study during fiscal year 2023- 2024. The parties will consult with the Association as needed over the City’s intended classification and compensation study.

8. ARTICLE 42. DURATION
Modify as follows:

This Agreement shall be effective July 1, 20194, and shall remain in full force and effect through June 30, 202416, unless amended by mutual consent, at which time, all terms and conditions agreed to in this Agreement shall be terminated.

9. (NEW) ARTICLE 45. COVID-19 "ESSENTIAL WORKER" PREMIUM PAY

Represented unit members who performed “essential work” as defined by the American Recovery Plan Act of 2021 between March 16, 2020 and the effective date of this Agreement, and who are were employed with the City on the date payment is made as of January 31, 2022, shall receive payment as follows:

A $15,000 non-PERSable lump sum payment to be made within 45 days after Council approval of this Agreement.

10. (NEW) ARTICLE 46. PERSONAL LEAVE

5 Effective upon City Council approval of this Agreement, each bargaining unit member shall be allowed to designate up to 112 hours of accrued sick leave as personal leave per calendar year.

Bargaining unit members shall be allowed to use this leave for personal business. Bargaining unit members shall give at least one (1) day’s notice of any intended use of personal leave.

Personal leave days may not be accumulated from year to year.

This Tentative Agreement was reached in good faith during impasse mediation and signed by both parties on June 26, 2023. This Tentative Agreement is contingent upon Local 2216 ratification and then City Council approval of the MOA. Local 2216 representatives agree to fully support and advocate ratification by its membership. City representatives agree to fully support and advocate for Council approval. If Local 2216 does not ratify by July 28, 2023, the parties will revert to their positions held prior to mediation.

For City of Compton: For Compton Local Firefighters, Local 2 2 1 6 :

By:____________________________ By: __________________________ Thomas Thomas, City Manager Daniel Salazar, Local 2216 President Image
Effective upon City Council approval of this Agreement, each bargaining unit member shall be allowed to designate up to 112 hours of accrued sick leave as personal leave per calendar year.

Bargaining unit members shall be allowed to use this leave for personal business. Bargaining unit members shall give at least one (1) day's notice of any intended use of personal leave.

Personal leave days may not be accumulated from year to year.

This Tentative Agreement was reached in good faith during impasse mediation and signed by both parties on June 26, 2023. This Tentative Agreement is contingent upon Local 2216 ratification and then City Council approval of the MOA. Local 2216 representatives agree to fully support and advocate ratification by its membership. City representatives agree to fully support and advocate for Council approval. If Local 2216 does not ratify by July 28, 2023, the parties will revert to their positions held prior to mediation.

Thomas Thomas, City Manager
5 For Compton Local Firefighters, Local
2216:

By: _________ _
Daniel Salazar, Local 2216 President

MEMORANDUM
OF

AGREEMENT

CITY OF COMPTON
AND

COMPTON FIREFIGHTERS,
LOCAL 2216
JULY 1, 20194
TO
JUNE 30, 202416
i
12106197.2 CO080-110

MEMORANDUM OF AGREEMENT
INDEX

ARTICLE TITLE PAGE
PREAMBLE ..................................................................................................................................................1 ARTICLE 1. RECOGNITION ................................................................................................................1 ARTICLE 2. SCOPE OF REPRESENTATION .....................................................................................2 ARTICLE 3. JOB DESCRIPTIONS AND CLASSIFICATIONS..........................................................2 ARTICLE 4. PAYROLL DEDUCTIONS...............................................................................................3 ARTICLE 6. DISCRIMINATION ..........................................................................................................4 ARTICLE 7. BULLETIN BOARDS .......................................................................................................4 ARTICLE 8. RULES AND REGULATIONS.........................................................................................4 ARTICLE 9. SICK LEAVE/SEVERANCE PAY...................................................................................5 ARTICLE 10. FUNERAL LEAVE ...........................................................................................................6 ARTICLE 11. VACATION LEAVE.........................................................................................................6 ARTICLE 12. MOVE-UP ASSIGNMENTS ............................................................................................7 ARTICLE 13. REASONABLE NOTICE..................................................................................................8 ARTICLE 14. ACCESS TO WORK STATION.......................................................................................8 ARTICLE 15. HOLIDAYS .......................................................................................................................8 ARTICLE 16. HOURS OF WORK...........................................................................................................9 ARTICLE 17. UNION BUSINESS...........................................................................................................9 ARTICLE 18. IMPASSE PROCEDURES................................................................................................9 ARTICLE 19. PREVAILING RIGHTS ..................................................................................................11 ARTICLE 20. SENIORITY AND TEMPORARY APPOINTMENTS..................................................12 ARTICLE 21. MEDICAL INSURANCE COVERAGE.........................................................................13 ARTICLE 22. DAILY FIRE COMPANY STAFFING ..........................................................................13 ARTICLE 23. DENTAL INSURANCE COVERAGE...........................................................................13 ARTICLE 24. EDUCATIONAL INCENTIVE PAY..............................................................................14 ARTICLE 25. UNIFORM ALLOWANCE..............................................................................................15 ARTICLE 26. PREMIUM PAY...............................................................................................................15 ARTICLE 27. LEAVE OF ABSENCE ...................................................................................................17 ARTICLE 28. GRIEVANCE PROCEDURE..........................................................................................17 ARTICLE 29. ARBITRATION ..............................................................................................................19 ARTICLE 30. BASE PAY ......................................................................................................................24 ARTICLE 31. MANAGEMENT RIGHTS .............................................................................................26 ii
12106197.2 CO080-110
ARTICLE 32. ZIPPER CLAUSE ............................................................................................................27 ARTICLE 33. SEVERABILITY PROVISION......................................................................................28 ARTICLE 34. RETIREMENT PLAN .....................................................................................................28 ARTICLE 35. ACTING ASSIGNMENT................................................................................................29 ARTICLE 36. LIFE INSURANCE .........................................................................................................29 ARTICLE 37. STRIKE PROHIBITION.................................................................................................29 ARTICLE 38. LAYOFF AND RETRENCHMENT PROCEDURES ....................................................30 ARTICLE 39. PURGING OF PERSONNEL FILES ..............................................................................36 ARTICLE 40. FLSA/OVERTIME..........................................................................................................36 ARTICLE 41. QUARTERLY MEETING ..............................................................................................37 ARTICLE 42. DURATION.....................................................................................................................38 ARTICLE 43. WORKDOWNS ...............................................................................................................38 ARTICLE 44. RATIFICATION AND EXECUTION............................................................................38 ARTICLE 45. COVID-19 “ESSENTIAL WORKER” PREMIUM PAY..............................................38 ARTICLE 46. PERSONAL LEAVE......................................................................................................38 1 12106197.2 CO080-110

MEMORANDUM OF AGREEMENT
City of Compton, a Municipal Corporation
And
Compton Firefighters, Local 2216
Affiliated with the International
Association of Firefighters

PREAMBLE
This Agreement is entered into by and between the City of COMPTON, CALIFORNIA, hereinafter referred to as the CITY, and LOCAL 2216 INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, hereinafter referred to as the UNION, pursuant to the terms of Council Resolution No. 10,471 of the City of Compton and has been executed by the City Manager, on behalf of the employees of the Compton Fire Department. It is, however, the mutual understanding of all parties hereto, that such Agreement is of no force or effect whatsoever unless or until ratified by Local 2216 and approved by resolution duly adopted by the City Council of the City of Compton.

All references to employees in this Agreement designate both sexes and wherever the male gender is used, it shall be construed to include both male and female employees.

ARTICLE 1. RECOGNITION
The Compton Firefighters, Local 2216, affiliated with the International Association of Firefighters, is hereby acknowledged by the City of Compton as the recognized employee organization representing the employment classifications in this Unit as may be established by the City. The Unit as presently established, consists of the following classifications:

A) Fire Captain
B) Fire Engineer
2 12106197.2 CO080-110
C) Firefighter
For the term of the Agreement, no other employee organization may seek representation, nor may the City recognize another employee organization for an election not consistent with City Council Resolution No. 10,471, of the City of Compton or California State Law.

ARTICLE 2. SCOPE OF REPRESENTATION
The scope of representation shall include all matters relating to employment conditions and employer/employee relations, including, but not limited to wages, hours and other terms and conditions of employment, except, however, that the scope of representation shall not include consideration of the merits, necessity, or organization of any service or activity provided by law.

ARTICLE 3. MAINTENANCE OF MEMBERSHIP
Each employee who, on the effective date of Resolution _______________, is a member of the Firefighters Union, Local 2216, and any employee who becomes a member after that date, shall maintain membership in the Union, provided that such employee may resign from the Union during a period of fifteen days prior to the expiration of this Agreement. The payment of dues and assessment is uniformly required of the membership for the duration of this Agreement.

ARTICLE 34. JOB DESCRIPTIONS AND CLASSIFICATIONS
In the event a new job classification is created, which is determined to be within the internal and occupational community of interest of Local 2216, the Union will be consulted on the proposed classification pay and job description.
3 12106197.2 CO080-110
ARTICLE 45. PAYROLL DEDUCTIONS
It is mutually agreed that the City will deduct dues and assessments once each month, and other monies, provided there is not more than one deduction per pay period. The Treasurer of the Union shall certify to the City the current bargaining unit employees who have provided written authorization for payroll deductions to the Union and the , in ancorrect amount certified to be correct by the Treasurer of the Union,deducted from the pay of those employees who individually request in writing that such deductions be made. The total amount of all such deductions shall be remitted by the City to the Treasurer of the Union. The Union also agrees to maintain the individual employees’ current written authorization forms to make such deductions. This authorization process for making payroll dues deductions shall remain in full force and effect during the term of this Agreement as specified in Council Resolution No. 10,471.

The City shall not be responsible for failure to terminate a dues deduction absent advance written notice of such revocation by the Union. The Union will be responsible for refunding any deductions to non-member employees whom the City has already remitted to the Union after such cancellation or revocation. Local 2216 agrees to indemnify and hold the City harmless against all claims, suits, orders or judgments brought or issued against the City as a result of dues deductions or transmittal of such funds to Local 2216, including claims for deductions made in reliance on the Union’s representations and certifications regarding valid written employee dues deduction authorizations (exclusive of errors in computation made by the Controller's Department).
4 12106197.2 CO080-110
ARTICLE 6. DISCRIMINATION
The employer City shall not discriminate against any employee for his activity in behalf of, or membership in the Union, and the Union shall not permit members in supervisory capacities to discriminate against non-Union employees in matters relating, but not limited to, duty assignments. Neither the Firefighters Union nor City shall discriminate against any employee because of race, sex, sexual orientation, creed, age, handicap, religion or, political affiliations or any other basis or classification protected by law.

ARTICLE 7. BULLETIN BOARDS
The employer will provide the Union with space on available bulletin boards on which the Firefighters, Local 2216, may post its official notices. The Union shall submit a copy of each notice to the Fire Chief or his designated representative prior to posting in order to keep the employer informed of the material which is being posted.

ARTICLE 8. RULES AND REGULATIONS
The Union agrees that its members shall comply with all applicable City and departmental rules and regulations, including those relating to conduct and work performance.

The City agrees that the application of unreasonable departmental rules and regulations which affect working conditions and performance shall be subject to the established grievance procedures.

New departmental rules or changes in departmental rules and regulations shall be thoroughly discussed with Union representatives prior to implementation. 5 12106197.2 CO080-110
ARTICLE 9. SICK LEAVE/SEVERANCE PAY
A. Unit employees scheduled to work 56 hours shall earn 12 hours of sick leave for each month of service. All other employees in the Unit shall earn nine hours of sick leave for each month of service. Said sick leave accumulation shall be credited to the employee's records on a monthly basis. Accumulation of unused sick leave shall be unlimited.

Individual employees shall be entitled to pay off of accumulated sick leave in accordance with the following schedule upon termination in good standing after five years of continuous service:

AMOUNT OF PAY-OFF
Time of Service Up to 800 hrs. Over 800 hrs.
0 up to 5 years 5 0% 0%
Up to 10 years 10 25% 0%
Up to 15 years 50% 25%
15 up to 20 years 75% 50%
20 up to 25 years 100% 75%
25 years or more 100% 100%
B. In the event of an economic lay-off, or should the City contract fire services, employees will receive pay-off of accumulated sick leave in accordance with the following schedule:

Time of Service Up to 800 hrs. Over 800 hrs.
3 up to 10 years 25% 25%
10 up to 15 years 75% 50%
15 up to 20 years 100% 75%
20 years or more 100% 100%
C. Notwithstanding any other provision in this Agreement, in the event of an economic lay- off, or should the City contract fire services, the City will provide the sick leave pay-off in two equal installments with the first installment paid at the time of separation, and the 6 12106197.2 CO080-110
second installment paid on the first pay period after May 1 or January 1, whichever date comes first after the first installment.

ARTICLE 10. FUNERAL LEAVE
In the event of a death in the immediate family of an employee, the employee shall be granted up to two shifts off with pay, to attend the funeral. The immediate family shall be defined as spouse and children of the member, mother, father, stepmother, stepfather, stepchildren, brother, sister, grandparents of the member, registered domestic partner, spouse's brother, spouse's sister, spouse's parents, spouse's grandparents, spouse's son-in-law and spouse's sister-in-law. (In addition, the Fire Chief has the discretion to approve additional days off beyond two shifts, however, any additional time granted shall be charged to sick leave).

ARTICLE 11. VACATION LEAVE
A. Consistent with present City policy, vacation leave shall be earned on a monthly basis, depending on length of continuous service as follows:

Three Platoon Personnel
Less than 5 years service 14.000 hours
5 years, but less than 15 years service 20.000 hours
15 years service and over 26.000 hours
All Others Within the Unit
Less than 5 years service 10.000 hours
5 years, but less than 15 years service 14.000 hours
15 years service and over 19.000 hours
7 12106197.2 CO080-110
B. Vacation in excess of three shifts may be compensated for by payment at straight time in lieu of time off, contingent upon departmental scheduling of available time and at the City Manager’s discretion.

C. Vacation schedules shall comply with the department's current vacation bulletin.

ARTICLE 12. MOVE-UP ASSIGNMENTS
Employees of the Unit will be compensated for move-up assignments as follows:

A. The qualifying period shall be in excess of 24 (meaning 24 1/2) scheduled hours per calendar quarter. The calendar quarters are: January — March; April — June; July — September; and October — December.

B. Payment for higher classification shall be as follows:

From Firefighter to Engineer $40.00 per shift
From Firefighter to Captain $45.00 per shift
From Firefighter to paramedic $50.00 per shift
From Engineer to Captain $45.00 per shift
From Captain to Battalion Chief $50.00 per shift
To Specialty assignment $20.00 per day
C. There will be retroactive payment upon the completion of the qualifying period.

D. Only permanent, certified employees will be eligible for higher classification pay.

E. Qualifications and ability shall be considered in selecting employees to fill assignments in higher classifications: when qualifications and ability are equal, seniority in rank within the station in which the vacancy occurs shall govern. Move-up assignments outside the 8 12106197.2 CO080-110
Unit (Battalion Chief, Deputy Fire Chief and Fire Chief) shall be decided by the Fire Chief or the City Manager.

F. Employees shall not be assigned to a higher classification unless they possess the minimum requirements for the position.

ARTICLE 13. REASONABLE NOTICE
All communication or notice required to be served upon the Union by the City shall be delivered to a provided space within the Fire Department. All communication with the City shall be addressed and delivered to the City Manager's Office, unless otherwise specified herein.

ARTICLE 14. ACCESS TO WORK STATION
The City will grant official representatives of the Union the access and right to discuss any grievance or problem arising under the terms of this Agreement with any employee during working hours. There will be as little interference as possible by the Union's Business Representative and/or Shift steward during the working hours of such employee or employees.

The Shift Steward shall be permitted to conduct a reasonable amount of Union business regarding grievances during working hours without loss of pay. The Union may use City facilities to conduct meetings when such facilities are available, with the expressed permission from the Fire Chief.

ARTICLE 15. HOLIDAYS
All three Platoon Personnel shall be compensated for holidays by payment in addition to base pay rate of 8% of base pay. All other personnel in the Unit shall observe holidays in the same manner as miscellaneous City employees.
9 12106197.2 CO080-110
ARTICLE 16. HOURS OF WORK
The three Platoon duty schedule shall be an average 56-hour week. Whenever Federal or State laws (or policies) dictate a different schedule from that stated above, the City shall retain the right to alter the schedule to meet budgetary limits.

ARTICLE 17. UNION BUSINESS
A. Firefighters elected to Union offices (and other members appointed by the Union President) shall be granted time off to perform Union duties and attend Union functions without loss of pay. Time off, however, is not to exceed an aggregate of 500 hours per fiscal year for the total of all such employees. Time off for Union functions may include, but is not limited to, attending conferences, conventions and seminars. Approval to take time off must be obtained from the Fire Chief or his designee before such time is taken.

B. Pursuant to Section 3505.3 of MMB, up to four members of the negotiating team shall be allowed reasonable time off without loss of compensation or benefits, exclusive of Union business hours when formally meeting and conferring with the City on matters within the scope of representation, provided their release shall not result in engine companies being out of service.

ARTICLE 18. IMPASSE PROCEDURES
In the event an impasse is declared pursuant to Section 16 of Resolution No. 10,471, and the matters at impasse are not resolved at the Impasse Meeting, then the following impasse resolution procedures shall be followed:
10 12106197.2 CO080-110
A. The parties shall jointly request assistance from the California State Conciliation Service, Department of Industrial Relations or any other mutually agreeable party for mediation or for recommendations in order to resolve the impasse and reach an agreement for representation to the City Council.

B. In the event that the efforts of the mediator do not resolve the impasse, either party may submit the impasse to advisory arbitration.

1. As soon as possible and in any event not later than ten working days after either party receives written notice from the other of the desire to arbitrate, the parties shall agree upon an arbitrator. If no agreement is reached within said ten days, an arbitrator shall be selected from a list of seven arbitrators submitted by the Federal or State Mediation and Conciliation Service by alternate striking of names until one name remains. The party who strikes the first name from the panel shall be determined by lot.

2. Either the City or the Union may call any employee as a witness and the employer agrees to release said witness from work if he is on duty. If an employee witness is called by the City, the City will reimburse him for time lost; if called by the Union, the Union will pay the expense.

3. The arbitrator shall have no power to alter, amend, change, add to or subtract from any of the articles at impasse. The decision of the arbitrator shall be based solely upon the evidence and arguments presented to him by the respective parties in the presence of each other.
11 12106197.2 CO080-110

4. Within ten days of the completion of the impasse hearing, the arbitrator shall issue a non-binding advisory report and recommendations (advisory arbitration decision) to resolve the impasse.

5. The parties shall promptly meet in order to resolve the impasse and reach an agreement for presentation to the City Council.

6. The fees and expenses of the arbitrator shall be paid by the party(ies) to the dispute. The portion of the total cost for which each party is responsible is the amount equal to the cost divided by the number of parties to the dispute.

C. In the event that the impasse procedures invoked do not result in the resolution of the items in dispute, then the matter shall be submitted for determination, by the City Council pursuant to Section 16 of Resolution No. 10,471. In reaching its determination, the City Council shall fully consider any advisory arbitration decision that has. been rendered.

D. If there is a valid state law which provides for another procedure for resolving impasses, the parties shall use the procedure provided for by state law instead of the above procedure for resolving impasse disputes.

ARTICLE 19. PREVAILING RIGHTS
All rights, privileges and working conditions enjoyed by the employees of this Unit at the present time which are not included in this Agreement shall remain in full force, unchanged and unaffected in any manner unless changed by mutual agreement or arbitration decision. In the event an agreement cannot be reached by the parties, any unresolved issue may be submitted by either party directly to arbitration in accordance with the arbitration provisions herein. 12 12106197.2 CO080-110
ARTICLE 20. SENIORITY AND TEMPORARY APPOINTMENTS
A. Seniority shall be the determining factor in all temporary appointments and transfers within the Unit. As used herein, seniority shall be defined as the date of permanent appointment to current rank or classification with the City of Compton and as applied shall consist of the following factors:

1. Length of service

2. Qualifications and ability

3. Physical fitness
B. Seniority shall be terminated by discharge for cause or resignation. When (2) and (3) are relatively equal, length of service shall govern.

C. When it is determined that a position within the Unit will be vacant for a period in excess of 30 days, and the Fire Chief or his designee elects to fill it, the following procedures will apply:

Temporary appointment using the certified current eligibility list, certified by the Personnel Board and selecting from the three highest-ranking candidates.

When no eligibility list is available and the position must be filled, then seniority, as defined above, shall govern.

Such appointments shall remain in effect until the employee who caused the temporary vacancy returns to work or the appropriate eligibility list is established, but not to exceed the duration which governs temporary appointments. All temporary Appointments or Assignments must have been approved by the departmental process, and are subject to City Manager approval. 13 12106197.2 CO080-110
ARTICLE 21. MEDICAL INSURANCE COVERAGE
A. Effective with the adoption of the resolution ratifying this MOA, the City shall pay 100% of the cost for coverage for the employee plus two or more dependents based upon the cost of the premium for Kaiser- Los Angeles Region (Los Angeles, San Bernardino, Ventura Counties) medical plan or the equivalent dollar amount toward any plan provided by the City. The City shall increase the contribution toward the health insurance premium by the equivalent amount of the Kaiser-Los Angeles Region increase for the duration of this MOA.

ARTICLE 22. DAILY FIRE COMPANY STAFFING
Effective January 1, 2015, the minimum daily Fire Company staffing of 22 will be as follows:

Engine 41 1 Fire Captain, 1 Fire Engineer,1 Firefighter Engine 42 1 Fire Captain, 1 Fire Engineer,1 Firefighter Engine 43 1 Fire Captain, 1 Fire Engineer,1 Firefighter Engine 44 1 Fire Captain, 1 Fire Engineer,1 Firefighter Truck 411 1 Fire Captain, 1 Fire Engineer,1 Firefighter Paramedic Rescue 441 2 Firefighter/paramedics
Paramedic Rescue 442 2 Firefighter/paramedics
Paramedic Rescue 443 2 Firefighter/paramedics
The 22nd position shall be assigned to Fire Suppression emergency services.

If activation of more than four (4) engines is necessary in order to respond to situational emergencies, the City reserves the right to make operational adjustments that differ from the above staffing levels.

ARTICLE 23. DENTAL INSURANCE COVERAGE
A. For the term of this Agreement, the City shall continue to provide full payment for a City- wide pre-paid plan.
14 12106197.2 CO080-110
B. It is specifically understood that employees shall pay any and all additional premium increases related to the orthodontic benefits and additional options not provided for in or in excess of the City-wide basic plan through monthly payroll deductions.

INTENT: It is the intention of the Article to specify the City's obligations in paragraph "A and the Unit member's responsibilities in paragraph "B." ARTICLE 24. EDUCATIONAL INCENTIVE PAY
A. Employees within the Unit hired prior to January 1, 2001, who have received the following certificates or degrees, shall be eligible for compensation in addition to base pay as follows:
% of Base Pay
24 or more college semester units in Fire Science/Technology 2.5% "Fire Officers' Certificate", State of California 2.5%
Associate of Science or Arts Degree 5.0%
B. In no case shall an employee be eligible for an Education Incentive in excess of 5% of his base pay.

C. Any employee hired as of January 1, 2001 shall receive $300.00 per month for an Associate of Science or Arts degree or higher. Any employee who possesses 24 units in Fire Science/Technology shall receive $150.00 per month. The amounts are not cumulative. 15 12106197.2 CO080-110
ARTICLE 25. UNIFORM ALLOWANCE
A. After successful completion of initial probation, employees of the Unit shall receive an uniform allowance of $1,500 per year. Payment to be made in quarterly payments of $375.00.

B. If an employee of this Unit is absent from work for more than two consecutive quarters of a year, the employee shall not be eligible for uniform allowance.

ARTICLE 26. PREMIUM PAY
Employees assigned to work requiring specified duties which require skills and abilities not contemplated in the employee's normal assignments in the areas described in this section shall receive premium pay only while so assigned.

Such premium pay shall be for the hours actually worked in the assignment. Assignment and reassignment shall be made by the department head, subject to the approval of the City Manager.

A.FIRE PREVENTION AND SPECIAL ASSIGNMENT:

Fire Prevention, Paramedic Coordinator and other special 40-hour assignments shall receive a 10% premium per month additional compensation.

B.PARAMEDIC ASSIGNMENT
Any Firefighter regularly assigned to serve as a paramedic shall receive, upon certification, 10% of base pay per month additional compensation, as long as he/she maintains competent performance as a paramedic.

Firefighters shall receive 19% of base pay per month additional compensation at the beginning of the second year of paramedic assignment as long as: (1) his/her certification remains current, and (2) he/she maintains an evaluation of competent performance as a 16 12106197.2 CO080-110
paramedic, and (3) he/she must be assigned to paramedic duty. Maximum additional compensation for a paramedic assignment is 19% of base pay.

C.Any Fire Captain or Fire Engineer regularly assigned to serve as a paramedic shall receive $600.00 per month additional compensation when: (1) he/she has been assigned, and (2) his/her certification remains current, and (3) he/she maintains an evaluation of competent performance as a paramedic.

D.Any Fire Captain, Fire Engineer or Firefighter maintaining a current EMT-paramedic certification who is not assigned as a paramedic shall receive $300.00 per month additional compensation.

E.Any Fire Captain, Fire Engineer or Firefighter maintaining a Hazardous Materials First Responder Operational certification shall receive $200.00 per month additional compensation.

F.Any Fire Captain, Fire Engineer or Firefighter regularly assigned to a specialty Urban Search and Rescue, Hazardous Materials, Swiftwater or Arson Team shall receive $200.00 per month additional compensation.

G.Any member whom is assigned to a USAR taskforce and responds and participates in an actual emergency event shall receive $50 per day while committed to that event.

H.BILINGUAL ASSIGNMENT

1. Effective the first full pay period following Council approval of this agreement, the City agrees to pay $34.62 bi-weekly ($75.00/monthly) to Unit members when assigned to provide oral or written bilingual services. Employees shall be required to pass a qualifying examination administered by the City to determine proficiency for bilingual assignment.
17 12106197.2 CO080-110

2. Employees committed to the bilingual assignments shall be obligated to provide such service to the City as needed.

3. The languages covered are Spanish and American Sign Language (ASL) and any other language as approved by the City Manager.

ARTICLE 27. LEAVE OF ABSENCE
The City Manager may grant a permanent employee leave of absence without pay not to exceed one year. No leave without pay shall be granted except upon written request of the employee.

Whenever granted, such leave shall be in writing and signed by the City Manager, and a copy filed with the Human Resources Director. Upon expiration of a regularly approved leave without pay, the employee shall be reinstated in the position held at the time leave was granted; provided the employee is in physical condition to properly carry out the duties of such position. Failure on the part of an employee on leave to return to work promptly at its expiration shall be cause for discharge. A leave of absence granted to any employee shall not create a vacancy in his position. For the duration of any such leave of absence, the duties of the position may be performed by another employee in the Classified Service on an acting assignment approved by the City Manager, provided that an employee so assigned shall possess the minimum qualifications for such position.

ARTICLE 28. GRIEVANCE PROCEDURE
It is recommended that the following procedure be applicable to members of the bargaining unit:

A. Purpose of Grievance Procedures:

1. To promote improved employer/employee relations
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2. To provide that grievances shall be settled as near as possible to the point of origin

3. To provide that the grievance procedures shall be as informal as possible B. A "grievance" is defined as the expression of an employee's complaint regarding the interpretation and application of one or more provisions of the rules, regulations, and conditions of employment as embodied in this Memorandum of Agreement between the City and the Union.

C. Grievances, as herein defined, shall be processed in the following manner:

1. Step 1 (Informal)
An employee's grievance must be submitted to his first line non-unit supervisor or management representative immediately in charge of the aggrieved employee within ten calendar days after the event giving rise to the grievance. The supervisor or management representative will give his answer to the employee by the end of the tenth calendar day following the presentation of the grievance and the giving of such answer will terminate Step 1.

2. Step 2
If the grievance is not settled in Step 1, the employee and his representative, if any, shall within five working days after the termination of Step 1, appeal in writing to the department head. The department head shall schedule a meeting place within ten calendar days from the date the grievance is referred to Step

2. The department head may invite other members of management to be present at such meeting. The department head will give a written reply by the 19 12106197.2 CO080-110
end of the tenth calendar day following the date of the meeting, and giving of such reply will terminate Step 2.

3. Step 3/City Manager's Office
If Step 2 does not resolve the grievance, the employee may appeal the grievance in writing to the City Manager's Office. The grievance shall be submitted within ten days of the receipt of the response given in Step 2. The City Manager or his designee will respond to the employee within fifteen calendar days of receipt of the grievance. The decision of the City Manager shall terminate Step 3.

If a grievance is not presented within the time limits set forth above, it shall be considered "waived." If a grievance is not appealed to the next step within the specified time limit or any agreed extension thereof, it shall be considered settled on the basis of the City's last answer. If the City does not answer a grievance within the specified time limits, the employee may elect to treat the grievance as denied at that step and immediately appeal the grievance to the next level. The time limit in each step may be extended by prior mutual written agreement of the City and the employee at each step.

ARTICLE 29. ARBITRATION
A. Grievance Arbitration: The City or Local 2216 may request that a grievance be submitted to arbitration if the orderly procedures provided herein do not resolve the matter to the mutual satisfaction of both parties. However, only those grievances which directly concern or involve the interpretation or application of the specific terms and provisions of this Memorandum of Agreement shall be submitted to arbitration. 20 12106197.2 CO080-110

1.As soon as possible, and in any event not later than ten work days after either party received written notice from the other of the desire to arbitrate, the parties shall agree upon an arbitrator. If no agreement is reached within said ten days, an arbitrator shall be selected from a list of seven arbitrators submitted by the State or Federal Mediation and Conciliation Service by alternate striking of names until one name remains. The party who strikes the first name from the panel shall be determined by lot.

2. Either the City or the Union may call any employee as a witness, and the employer agrees to release said witness from work, if he is on duty. If an employee witness is called by the City, the City will pay the employee's salary for time released from normal work duties. If an employee witness is called by the Union, the City will release the employee from normal work duties and the salary for time released will be paid by the Union and not by the City. The arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the provisions of this Agreement. He shall consider and decide only the specific issue submitted to him in writing by the Employer and the Union, and shall have no authority to make a decision on any other Issue not so submitted to him.

3. The arbitrator shall be without power to make decisions contrary to or inconsistent with or modifying or varying in any way the applicable laws, rules and regulations having the force and effect of the law. He shall have no pourer to establish a rate or change the existing wage rate structure, establish new jobs, or change existing job content. The arbitrator shall submit in writing his or her decision within 30 days following close of the hearing or submission of briefs by the parties, whichever is later, unless the parties agree to an extension thereof. The arbitrator's 21 12106197.2 CO080-110
decision shall be based solely upon his interpretation of the meaning or application of the express terms of this Agreement to the facts of the grievance presented. A decision of the arbitrator rendered in accordance with the foregoing shall be binding upon the parties.

4. The arbitrator may hear and determine only one grievance at a time without the express agreement of the City and Local 2216.

5. It is agreed that the party determined by the ruling arbitrator to be in violation shall pay the total cost of arbitration with the exception of counsel's fees and witness services.

B. Arbitrator of Severe Discipline: Disciplinary actions which may or do result in a suspension, demotion, termination from active City employment, a reduction in pay or a disputed personnel transfer, constitute "severe discipline" for purposes of Article 29B.

Local 2216 may appeal the City's decision to impose severe discipline through the procedures described below. Notwithstanding anything in this Memorandum of Agreement, the procedures described below: 1) do not apply in the case of any dispute or personnel action other than "severe discipline as defined here; 2), do not apply in the case of a demotion because of failure to pass his/her probation; and 3) do not apply in the case of a termination of a probationary firefighter because of failure to pass his/her probation.

1. Method of Appeal: On or before the 10 th work day after the date of written notice of severe discipline, the disciplined employee may invoke this appeal procedure by delivering written notice of such appeal to the City Manager. An employee's failure to timely deliver written notice of appeal waives these appeal procedures, 22 12106197.2 CO080-110
and makes the discipline final and binding. Such notice of appeal shall contain a statement of the grounds upon which it is based.

2. Selection of Arbitrator: As soon as possible, and in any event not later than ten work days after the City Manager receives a timely written notice of appeal from the employee, the parties shall agree upon an arbitrator. If no agreement is reached within said ten workdays, the parties shall jointly request a list of seven arbitrators from the State Mediation and Conciliation Service. If no agreement is reached on the selection of an arbitrator from the list, the parties will select an arbitrator by alternate striking of names from the list until one name remains.

The party who strikes the first name from the list shall be determined by lot.

3. Employee Status Pending Appeal: Severe disciplinary actions shall be effective upon the completion of the pre-determination procedures set out in Compton Personnel Rules and Regulations 10.2A. No employee shall be entitled to compensation after the effective date of the action and during any period of appeal.

4. Right to Representation: At any stage of the proceedings described in Article 29B, an employee shall have the right to the assistance of a representative at the employee's own expense. The City has no obligation to provide or compensate any such representative.

5. Appeal Hearings: The following requirements shall apply to appeal hearings:
a. Cost and Fees: The parties shall share equally the expenses of the arbitrator and court reporter. Each party bears its own counsel's fees, costs, witness services, and any other costs that the party unilaterally incurs. Also, any copies of transcripts of the proceedings other than that provided to the arbitrator will be paid 23 12106197.2 CO080-110
solely by the requesting party. The cost of the arbitrator shall be borne equally by the City and the employee.
b. Court Reporter: A reporter shall be ordered and shall be present during the entire proceedings. The cost of a reporter and of one copy of the transcript of the hearing shall be borne equally by the City and the employee.
c. Oaths and Subpoenas: The arbitrator shall have the power, upon request of either party, to issue subpoenas to compel the attendance of any witness. The arbitrator shall administer oaths or affirmations in conjunction with testimony given at such hearings. When employees of the City are called to testify on behalf of the City's case during non-working hours, they will be compensated for all time required of them during such non-duty hours at their regular rate of pay in the form of additional pay or compensatory time, as the City may decide in its discretion. If called by the aggrieved employee, an employee's normal pay for time released from normal work duties will be paid by the aggrieved employee and not by the City.

Non-employee witnesses called by the City to testify on its behalf may be reimbursed for their actual loss of earnings and any expense incurred, in the discretion of the City.
d. Jurisdiction of the Arbitrator: The arbitrator shall have no power to alter, amend, change, add to, or subtract from any of the terms of this Memorandum of Agreement or the City's Personnel Rules and Regulations, or any other City Council Resolution bearing upon the matter. The arbitrator shall have authority to determine only whether the City has proven the charges by the preponderance of the evidence 24 12106197.2 CO080-110
and what level of discipline is appropriate. The arbitrator may rescind the aggrieved employee's suspension, demotion, termination, or disputed personnel transfer. If the arbitrator finds that the action was taken without cause, the arbitrator may direct that the employee be paid all or a portion of the wages or salary to which he/she would have been entitled had he/she not been disciplined. Under no circumstances does the arbitrator have authority to award damages, attorney's fees or costs. The decision of the arbitrator shall be based solely upon the evidence and arguments presented by the respective parties at the hearing, on any stipulations entered into by them in writing, and by the arguments presented in their written briefs, if any.

Findings of fact and conclusions drawn therefrom, that support the determination or award resulting from the hearing, will be issued in writing within the time limits agreed to between the employee, the City and the arbitrator at the conclusion of the hearing.
e. Effect of Arbitration Decision: The written decision of the arbitrator shall be final and binding on the employee, the Union, and the City, provided that the decision is within the arbitrator's jurisdiction, is limited to the agreed-upon issue(s), and is consistent with the preponderance of the evidence.
f. One Appeal at a Time: The Arbitrator may hear and determine only one appeal of severe discipline at a time without the express agreement of the City and Local 2216.

ARTICLE 30. BASE PAY
A. The monthly salary range for each of the classifications covered by this Memorandum of Agreement shall be set as follows:
25 12106197.2 CO080-110
Effective July 1, 2014, all employees shall receive a 10% increase to base pay which shall be reflected in the salary range.

In December 2015, the City will conduct a salary survey on sworn Fire personnel for the purpose of opening negotiations on the single subject of salary. Meet and confer shall be completed by January 31, 2026, however, an extension may be agreed upon if both parties mutually concur
Classification Range/Effective 7/1/14prior to adjustments below
Fire Fighter 140146
Fire Engineer 156162
Fire Captain 172178
B. Adjustments to Compensation
1) For the 2022-2023 fiscal year, effective retroactive July 1, 2022, there will be a seven and 1/2 (7.5%) percent wage increase to base pay for unit members, which shall be reflected in the City’s salary ranges. The payment will be made within ninety (90) days from City Council approval of the entire MOA.
2) For the 2023-2024 fiscal year, effective the second full pay period following City Council approval of the MOA, there will be a four (4%) percent wage increase to base pay for unit members, which shall be reflected in the City’s salary ranges.

C. The City intends to conduct a classification and compensation study during fiscal year 2023-2024. The parties will consult as needed over the City’s intended classification and compensation study.
26 12106197.2 CO080-110
ARTICLE 31. MANAGEMENT RIGHTS
It is recognized that, except as expressly stated in this Agreement, the department shall retain whatever rights and authority are necessary for it to operate and direct the affairs of the department, including, but not limited to, the right to direct the working forces; to plan, direct and control all the operations and services of the department; to determine the methods, means, organization by which such operations and services are to be conducted; to assign and transfer employees; to schedule working hours and to assign overtime; to hire, promote, in accordance with the applicable provisions of the City Charter and Personnel Rules and Regulations or relieve employees due to lack of work or other legitimate reasons; to demote, suspend, discipline, discharge for just cause; to control the department's budget, to take whatever actions necessary in emergencies in order to assure proper functions of the department.

Effect of Laws, Rules and Regulations
The Union recognizes that all employees covered by this Agreement shall perform the services prescribed by the City and shall be governed by the laws of the State of California, and by the City's rules, regulations, directives and orders, issued by properly designated officials. The Union also recognizes the City's rights and obligations to promulgate rules, regulations, directives and orders from time to time, as deemed necessary by the City, insofar as such rules, regulations, directives and orders do not conflict with the express terms of this Agreement.

Reservation of Management Rights
The enumeration of the rights and duties of the City in this Agreement shall not be deemed to exclude other inherent management rights and management functions not expressly reserved 27 12106197.2 CO080-110
herein; and all management rights and management functions not expressly delegated in this Agreement are reserved to the City.

ARTICLE 32. ZIPPER CLAUSE
This MOU sets forth the full and entire understanding of the parties regarding matters set forth herein, and any and all prior or existing MOU's, understandings, or agreements that conflict with the matters set forth herein, whether formal or informal, are hereby superceded and terminated in their entirety. Existing policies, rules, ordinances and resolutions that do not conflict with the matters set forth herein remain in effect.

The parties acknowledge that during the negotiations which resulted in this Agreement, each had the right and opportunity to make demands and proposals with respect to any subject or matter appropriate for collective bargaining and that the understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement.

Therefore, the City and the Union, for the life of this Agreement, each voluntarily and unqualifiedly waives the right, and each agrees that the other shall not be obligated to bargain collectively with respect to wages, hours, and working conditions, even though such subjects or matters may not have been within the knowledge or contemplation of either or both of the parties at the time that they negotiated or signed this Agreement.

Notwithstanding the above, the parties agree to meet and confer upon mutual agreement. Any additions or changes in this Agreement shall not be effective unless reduced to writing and properly ratified and signed by both parties.
28 12106197.2 CO080-110
ARTICLE 33. SEVERABILITY PROVISION
This Memorandum of Agreement is subject to all applicable Federal, State, County and City laws and regulations, and any lawful rules and regulations enacted by the City's Personnel Board. If any part or provision of this Memorandum of Agreement is in conflict or inconsistent with such applicable provisions of Federal, State, or County laws, or is otherwise held to be invalid or unenforceable by any tribunal of competent jurisdiction, such part or provisions shall be suspended and superseded by such applicable law or regulations, and the remainder of this Memorandum of Agreement shall not be affected thereby.

Notwithstanding the above, the City and the Association agree to meet and confer to address any impact that such invalidity or unenforceability of laws may have upon the terms and conditions of employment.

ARTICLE 34. RETIREMENT PLAN
The CITY shall provide Classic California Public Employees’ Retirement System (CalPERS) members1 who are covered by this MOA, the 3.0% at 50-retirement plan of CalPERS. The CITY shall provide employees who are new CalPERS members 2 who are covered by this MOA, the

2.7% at 57-retirement plan of CalPERS. The CITY shall continue to pay the employee's portion of retirement contributions to CalPERS for Classic CalPERS members who are employed in a classification represented by the Compton Firefighters Local 2216. The amount paid by the CITY to defray the cost of an employee's portion of retirement contributions shall not exceed 9% of the employee's monthly earnings from the CITY. Employees defined as new CalPERS members shall pay their portion of contribution to the CalPERS retirement. 1 Classic members are defined as current CalPERS members who were active prior to January 1, 2013 or individuals from reciprocal agencies who were active prior to January 1, 2013. 2 New members are defined as new hires who are brought into CalPERS membership for the first time on or after January 1, 2013, and who have no prior membership in any other California public retirement system. 29 12106197.2 CO080-110
ARTICLE 35. ACTING ASSIGNMENT
When an employee of this Unit is given an acting assignment to a position allocation in a higher salary range, the rate of compensation shall be fixed by the City Manager at a step within such higher salary range which shall represent an increase in compensation of not less than five percent.

ARTICLE 36. LIFE INSURANCE
The City shall provide life insurance for unit members in the amount of $50,000.00.

ARTICLE 37. STRIKE PROHIBITION
The Union and its members, as individuals or as a group, will not initiate, cause, permit or participate or join in any unauthorized strike, work stoppage or slowdown, or any other restriction of work at any location in the City. Employees in the bargaining Unit, while acting in the course of their employment, shall not honor any picket line established in the City by the Union or by any other labor organization when called upon to cross picket lines in the line of duty. Disciplinary action, including discharge, may be taken by the City against any employee/employees engaged in a violation of this Article. Such disciplinary action may be undertaken at the option of the City and shall not preclude or restrict recourse to any other remedies, including an action for damage, which may be available to the City.

In the event of an unauthorized strike, work stoppage, slowdown, picketing/observance of a picket line, or other restriction of work in any form, either on the basis of individual choice or collective employee conduct, the Union will immediately, upon notification, attempt to secure an immediate and orderly return to work. This obligation and the obligations set forth in the paragraph above shall not be affected or limited by the subject matter involved in the dispute 30 12106197.2 CO080-110
giving rise to the stoppage or whether such subject matter is or is not subject to the grievance and arbitration provision of this Agreement.

STRIKES AND LOCKOUTS
The Union agrees that during the life of this Agreement, neither the Union, its agents, nor its members will authorize, instigate, aid or engage in a work stoppage, slowdown or strike. The City agrees that during the same period, there will be no lockouts.

Individual employees or groups of employees who instigate, aid, or engage in a work stoppage, slowdown or strike, may be disciplined or discharged. Accordingly, and in pursuance with this Article, the City agrees not to violate any of the express terms of this Agreement throughout its duration.

ARTICLE 38. LAYOFF AND RETRENCHMENT PROCEDURES
Any employee in the Classified Service may be laid off for lack of work or lack of funds through action of the City Council, as set forth in Section 1107 of the City Charter.

City Charter. Article XL Section 1107.

Abolition of Position Layoffs
Whenever it becomes necessary, in the opinion of the City Council, to abolish a position, or to reduce the number of employees in a given class in the Classified Service, the City Council may do so by stating in its proceedings its reasons therefor. Should such positions involving substantially the same duties be created or filled within one year, the employee or employees discharged shall be entitled to be appointed thereto.
31 12106197.2 CO080-110
All layoffs occasioned by the abolishment of a position or the reduction in Number of employees in a given class shall be governed by seniority in service and shall be in the reverse order of employment. Re-employment shall be in the reverse order of layoff.

Interpretation
Service Seniority is interpreted and defined as length of continuous service in the respective classification or in a promotional classification within the same occupational family group.

A. Order of Separation
Seniority in classification shall govern the order of layoff so that positions remaining which are not abolished or are to be staffed after layoff will be occupied by employees with greatest length of continuous service in the classification.

1. Wherever seniority in classification is equal; the following criteria shall be applied in the order below:
a. Service within that occupational group
b. Total City service
c. Relative position on Eligibility List
d. Drawing of lots
B. Voluntary Reduction in Lieu of Layoff
Any classified employee serving in a permanent or promotional probationary status who is scheduled to be laid off may, not later than five working days after notice of layoff, request a reduction to a lower class regardless if he has previously served in that position, so long as the class to which he reverts is within the same occupational or family group, only when an employee reverts to a position where he has not previously served, a 90-day 32 12106197.2 CO080-110
probationary period will be required. If the employee does not receive a satisfactory evaluation, he then reverts to the next lower position within the group in which he has accrued seniority. Employees may revert to positions outside of the family group only when they have previously served in the respective position, and there is a vacancy or an incumbent in such position who has less total service therein than the employee requesting the demotion in lieu of layoff. A displaced employee requesting the demotion in lieu of layoff shall be considered as laid off for the same reason as the person who displaced him, and shall employ the same procedures.

The employee laid off shall be given written notice of layoff not less than thirty (30) calendar days prior to the effective date of the layoff and shall be informed of his reinstatement status in writing.

The employee laid off or displaced as a result of another employee's reversion to a lower classification shall receive written notice of layoff not less than twenty (20) days prior to the effective date of such action.

The employee laid off as a result of a displaced employee's reversion to a lower classification shall receive written notice of layoff not less than ten (10) days prior to the effective date of the layoff.

The names of permanent employees who have been laid off due to reduction in force shall be placed on an appropriate layoff/reinstatement list according to the date of separation and shall be based on: last employee laid off is the first employee on the list with other employees eligible in sequential order thereafter.

Said list shall be used by the appointing officer when a vacancy for that class is to be filled before certification.
33 12106197.2 CO080-110
C. Order of Recall
Employees in the Classified Service who have been laid off shall be placed on an appropriate layoff/reinstatement list according to the date of separation and classification of position. Said list shall be used by the appointing officer when a vacancy exists for the class or position of former employment.

Recall from layoff shall be in the reverse order of layoff within the class and in accordance with the reinstatement list compiled for such purposes.

D. Notice of Recall
Notice of recall from layoff shall be by return-receipt-requested mail and shall specify' the date for reporting to work which shall not be more than two weeks from the date the notice is received. Notice shall be deemed to have been received when sent to the last known address on file with the City and delivery or attempted delivery is certified by the Postal Service. Notice of recall will also be forwarded to the respective employee organization.

Employees to be laid off shall submit to the Personnel Office, their current address at the time of separation. Upon receiving notice, the person on layoff shall have five days to accept or decline the recall opportunity.

1. If an employee fails to respond in writing within the five days of recall, the City proceed to the next senior person on the reinstatement list and follow the same notice and response procedure. This process will continue through the list until recall needs are met or the list is exhausted.

2. Any employee who refuses recall, or fails to report on the prescribed date within the two-week maximum thereby waives all remaining rights to recall and reinstatement as an employee.
34 12106197.2 CO080-110

3. An employee who has been recalled may be required to successfully complete a medical or psychological examination prior to being appointed to the position.

E. Reinstatement/Restoration

1. No Accruals During layoff status, no person shall be entitled to accrue any additional benefits, rights, privileges or obligations of employment, nor be entitled to any employer contributions for health, retirement or any other benefit plan, except as may be restored upon recall and reinstatement as herein set forth.

Employees reinstated under the provisions of this Rule shall begin accruing benefits at the level they had attained prior to displacement.

2. Restoration of Benefits
Any employee who has been laid off and who is reinstated in a permanent position within one year from the date of layoff shall receive the following considerations and benefits:
a. All sick leave credited to the employee's account for which the employee was not compensated when laid off, shall be restored;
b. All seniority held at the time of layoff shall be restored; c. All prior active duty time shall be credited for the purpose of determining vacation accrual rates and service awards.
d. The probationary status of any employee that is interrupted by layoff must be completed upon reinstatement; however a new probationary period of not less than 90 days will be required in all cases where the probation has been interrupted by layoff for a period of six months or more as well as in 35 12106197.2 CO080-110
situations where recall is to different class or department from which displaced by layoff.

3. Resignation in Lieu of Recall
An employee who elects to resign in lieu of layoff or while laid off shall forfeit all rights to reinstatement, and be entitled only to those rights related to severance from service.

4. Assignment of Duties to Another
The duties performed by any employee laid off may be assigned to any other employee or employees holding positions in appropriate classes.

F. Separation After Layoff Without Recall
Layoff for more than one year will terminate all reinstatement rights. The employee will be entitled to the same severance benefits and pay as are provided in the case of other separations or retirements.

G. Checkout Upon Layoff Separation or Terminations
Any employee who is laid off, terminated, or who separates from the service for any reason shall not receive his final pay check until he has turned in to his supervisor, all City-owned equipment, including his City identification card, has cleared with his department head the disposition of any clothing, tools, or other working materials that have been provided him by the City, and has completed all exit interviews and forms which may be required by the City Manager.

H. Severance Benefits Upon Termination of Employment
The employee who is separated from the service is entitled to receive, in lieu of any other severance payments other than the benefits of a vested retirement program, those 36 12106197.2 CO080-110
accumulations of unused and accrued vacation and sick leave credits as are provided for in this Memorandum of Agreement. Employees may elect to withdraw all compensation due at the time of layoff or at their discretion, may request to be compensated on a bi- weekly. basis not to exceed one year. If an employee elects to withdraw all compensation at the time of layoff, he must request in writing, total and final severance pay from the City Controller at least ten days prior to the effective date of the layoff. If an employee elects to restore time for which he was compensated, he must remit any monies received to the City. Upon receipt by an employee of such amounts of accumulation, all rights to any further severance pay shall cease and under no circumstances shall accrued and accumulated credit for unused vacation or sick leave time, nor any lump payment in lieu thereof be counted as sick credit nor be deemed as compensation for purposes of establishing the level of retirement benefits under any retirement plan then in force and effect.

ARTICLE 39. PURGING OF PERSONNEL FILES
The City agrees to review the Fire Department's personnel files annually and to remove and/or seal any minor reprimands or infractions (excluding serious disciplinary matters, i.e., suspensions, dismissals and demotions) as follows:

Minor infractions or reprimands which are five years or older (as defined above) and those which have not been repeated within a two- year period.

ARTICLE 40. FLSA/OVERTIME
The City and the Union agree to the following application of the Fair Labor Standards Act:
37 12106197.2 CO080-110

1. The City and the Local agree to a 14-day work cycle with a maximum of 106 hours worked. For FLSA overtime purposes employees must be paid overtime in cash at a rate of one and one-half (1 1/2) the Unit member's regular rate of pay for all hours worked in excess of 106 hours for each 14 day pay period.

2. For purposes of overtime computation, all non-work hours shall be excluded from the hours a Unit member accrues with the exception of time granted for Union business and funeral leave.

3. In the event that the City is exempted from the requirements of the Fair Labor Standards Act, then the City and the Union agree that the above provisions of this Article are rescinded. The City would resume overtime computation for employees under the provision of the previous contract.

ARTICLE 41. QUARTERLY MEETING
The Union agrees to meet quarterly with the City to discuss and prepare tentative productivity standards for the various job classifications.

These discussions will serve as the basis of intended standards to be set at the expiration of this agreement and shall be incorporated into the terms and conditions of succeeding agreements.

Further, the Union and the City agree to discuss the Administration of the Contract during these quarterly meetings. The intent here is for the parties to keep one another abreast of the day to day problems with respect to application of the MOU. It is not intended that any collective bargaining is to take place at these quarterly meetings.

Both parties agree that the added purpose of these meetings is to foster improved employer- employee relations, reduce the number of conflicts between the Union and Management through improved communications and set the tone for negotiations at the expiration of the MOU. 38 12106197.2 CO080-110
ARTICLE 42. DURATION
This Agreement shall be effective July 1, 20194, and shall remain in full force and effect through June 30, 202416, unless amended by mutual consent, at which time, all terms and conditions agreed to in this Agreement shall be terminated.

ARTICLE 43. WORKDOWNS
A higher ranking position may work down in a lower rank to prevent a mandatory callback or the shut down of a suppression apparatus at the pay rate of the lower ranking position being filled.

The higher ranking employee must possess the minimum qualifications of the lower ranking position.

ARTICLE 44. RATIFICATION AND EXECUTION
The City and the Union acknowledge that this Memorandum of Agreement shall not be in full force and effect until ratified by the Union and adopted by the City Council of the City of Compton. Subject to the foregoing, this Memorandum of Agreement is hereby executed by the authorized representatives of the City and the Union and entered into this 18th day of February, 2015.

ARTICLE 45. COVID-19 “ESSENTIAL WORKER” PREMIUM PAY
Represented unit members who performed “essential work” as defined by the American Recovery Plan Act of 2021 between March 16, 2020 and the effective date of this Agreement, and who were employed with the City as of January 31, 2022, shall receive payment as follows:

A $15,000 non-PERSable lump sum payment to be made within 45 days after Council approval of this Agreement.

ARTICLE 46. PERSONAL LEAVE
Effective upon City Council approval of this Agreement, each bargaining unit member shall be allowed to designate up to 112 hours of accrued sick leave as personal leave per calendar year. 39 12106197.2 CO080-110
Bargaining unit members shall be allowed to use this leave for personal business. Bargaining unit members shall give at least one (1) day’s notice of any intended use of personal leave.

Personal leave days may not be accumulated from year to year.

CITY OF COMPTON COMPTON LOCAL FIREFIGHTERS
LOCAL 2216
By: ______________________________ By:_____________________________ City Manager
City of Compton
Chief Negotiator
Compton Firefighters Local 2216
Approved as to Form:

By:________________________________ By: ____________________________ City Attorney
City of Compton
Committee Member
Compton Firefighters Local 2216
By:________________________________ By:________________________________ City Clerk
City of Compton
Committee Member
Compton Firefighters Local 2216
By: ____________________________
Committee Member
Compton Firefighters Local 2216
40 12106197.2 CO080-110

July 25, 2023
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: HUMAN RESOURCES DEPARTMENT
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON

AUTHORIZING THE CITY MANAGER TO ESTABLISH A SALARY
SCHEDULE FOR COMPTON FIREFIGHTERS, LOCAL 2216

SUMMARY
The City Council will consider a resolution establishing the Salary Schedule for Compton Firefighters, Local 2216.

BACKGROUND
In June 2023, the City and Compton Firefighters, Local 2216 Unit met and ratified a tentative agreement.

As part of this agreement, a 7.5% increase to the base pay was agreed upon effective retroactive to July 1, 2022 and a 4% increase to the base pay was agreed upon for the 2023-2024 fiscal year. Since the current salary schedule is based on 1% increments between each salary range, a new salary schedule has to be established specifically for Compton Firefighters, Local 2216 Unit to reflect the 7.5% increase in base pay.

STATEMENT OF ISSUE
Over the past months, the City has been negotiating with Compton Firefighters, Local 2216 regarding salary and benefits and has come to an agreement.

The proposed Salary Schedule must now be approved by the City Council for the 7.5% and 4% increase in base pay so that the salary increases can be executed and implemented.

FISCAL IMPACT
The fiscal impact of the 7.5% base pay increase for Compton Firefighters, Local 2216 for fiscal year 2022-2023 is estimated to be $871,455.43.

The fiscal impact of the 4% base pay increase for Compton Firefighters, Local 2216 for fiscal year 2023-2024 is estimated to be $646,074.87.

10.10.10. Staff Report – Firefighters Salary Schedule