Agenda packet — Compton City Council, September 5, 2023 (part 1 of 2)

Members of the public may address the City Council on any item shown on the agenda or matter of the Council’s authority after completion of “Request to Address the Council Form” available in the lobby of the Council Chambers 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
09/05/2023
5:30 PM

CITY COUNCIL CHAMBERS
205 SOUTH WILLOWBROOK AVENUE
COMPTON, CALIFORNIA 90220

OPENING

MOMENT OF SILENCE

PLEDGE OF ALLEGIANCE

ROLL CALL

PUBLIC COMMENTS ON AGENDA ITEMS AND NON-AGENDA MATTERS

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..
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5:30 PM

APPROVAL OF MINUTES

1. APRIL 11, 2023

2. APRIL 18, 2023

REGULAR AGENDA

CITY MANAGER'S REPORT

3. REQUEST TO SCHEDULE A PUBLIC HEARING FOR AN APPEAL OF THE

PLANNING COMMISSION DECISION TO DENY ARCHITECTURAL REVIEW BOARD CASE NO. 23-0031, A REQUEST TO CONSTRUCT AND OPERATE A 500 STUDENT CHARTER MIDDLE SCHOOL AT 900 EAST COMPTON BLVD.

4. REQUEST TO AUTHORIZE TRAVEL FOR ELECTED OFFICIALS - LEAGUE OF

CALIFORNIA CITIES ANNUAL CONFERENCE AND EXPO IN SACRAMENTO, CA ON SEPTEMBER 20,2023 THRU SEPTEMBER 22, 2023.

NEW BUSINESS

5. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON RESCINDING RESOLUTION NO. 25,872 AND RATIFYING A LIMITED DURATION EMPLOYMENT AGREEMENT WITH DAVID A. PASCHAL TO SERVE

AS INTERIM ASSISTANT CITY MANAGER OF THE CITY COMPTON AS

APPROVED BY THE CITY COUNCIL AS A SUBSEQUENT NEED AGENDA ITEM ON JULY 25, 2023 CITY COUNCIL AGENDA MEETING

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

DECLARING A MOVEMENT TO CLEAN AND BEAUTIFY THE CITY OF

COMPTON

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

AUTHORIZING THE CITY MANAGER TO RENAME THE ONE HUNDRED BLOCK

OF AUTO DRIVE SOUTH TO EAZY STREET

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

AUTHORIZING THE CITY MANAGER TO ISSUE A PURCHASE ORDER TO

GATEWAY CITIES COUNCIL OF GOVERNMENTS (GCCOG) FOR THE
PURPOSE OF PAYING THE FEES TO PARTICIPATE IN THE I-710 CORRIDOR

ENVIRONMENTAL IMPACT REPORT/ENVIRONMENTAL IMPACT STATEMENT (EIR/EIS), THE 91/605/405 MAJOR CORRIDOR STUDY AND THE ATLANTIC AVENUE/BOULEVARD CORRIDOR STUDY FOR FISCAL YEAR 2023-2024 IN

AN AMOUNT NOT TO EXCEED FIFTY ONE THOUSAND FIVE HUNDRED FIFTY ONE DOLLARS AND SEVENTY NINE CENTS ($51,551.79).
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5:30 PM

9. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AMENDING THE FISCAL YEAR 2023-2024 BUDGET APPROPRIATING FUNDS

FROM FUND BALANCE AND AUTHORIZING THE CITY MANAGER TO ENTER

INTO A PROFESSIONAL SERVICES AGREEMENT AND ISSUE A PURCHASE

ORDER TO NEW WEST LANDSCAPING FOR PROPERTY MAINTENANCE AND

LANDSCAPING SERVICES ON HOUSING SUCCESSOR AGENCY-OWNED
PARCELS IN THE CITY OF COMPTON $14,400.

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

PROFESSIONAL SERVICES AGREEMENT AND ESTABLISH A PURCHASE ORDER FOR KELSEY WILHELM, M.D. FOR SERVICES AS MEDICAL

DIRECTOR OF EMERGENCY MEDICAL SERVICES FOR THE CITY OF
COMPTON FIRE DEPARTMENT ($120,000.00)

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

RATIFYING A SIDE LETTER AGREEMENT BETWEEN THE CITY OF COMPTON

AND THE AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES/AFSCME LOCAL 3947 TO AMEND ARTICLE 19 OF THE

MEMORANDUM OF AGREEMENT

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

ACCEPTING THE PROPOSAL FROM SCREAMIN EAGLE SERVICES FOR

CITYWIDE ILLEGAL DUMPING CLEAN-UP, REMOVAL AND HAUL AWAY

SERVICES, TO AUTHORIZE THE CITY MANAGER TO ENTER INTO A THREE- YEAR SERVICE AGREEMENT WITH TWO (2) ONE-YEAR EXTENSION

OPTIONS AND TO ISSUE A PURCHASE ORDER IN AN AMOUNT NOT TO

EXCEED FOUR HUNDRED TWENTY-ONE THOUSAND FIVE HUNDRED
DOLLARS ($421,500)

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

AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONSTRUCTION

CONTRACT WITH AND ESTABLISH A PURCHASE ORDER FOR HARDY & HARPER, INC. FOR ROAD REPAIR SERVICES CITYWIDE ($2,066,900).

14. 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

WILLDAN ENGINEERING TO PREPARE AN ENGINEERING AND TRAFFIC SURVEY TO ESTABLISH SPEED LIMITS CITYWIDE ($28,700).

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

AUTHORIZING THE CITY MANAER TO ISSUE PURCHASE ORDERS TO ONE

OR MORE VENDORS (SOUTH COAST EMERGENCY VEHICLE SERVICE
(PIERCE), WILLIAM KALVIKOV DBA FIRE APPARATUS SOLUTIONS AND

PERFORMANCE TRUCK REPAIR INC) FOR THE MAINTENANCE AND

REPAIRS OF EMERGENCY FIRE APPARATUS FOR THE CITY OF COMPTON FIRE DEPARTMENT ($150,000.00)
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5:30 PM

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

AUTHORIZING THE ESTABLISHMENT OF A PURCHASE ORDER FOR THE

CITY OF DOWNEY FOR FIRE AND EMERGENCY MEDICAL DISPATCHING SERVICES ($800,000.00)

17. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON ACCEPTING THE PROPOSAL FROM UNITED PACIFIC SERVICES INC., TO

AUTHORIZE THE CITY MANAGER TO ENTER INTO A THREE-YEAR SERVICE

AGREEMENT AND TO ISSUE A PURCHASE ORDER TO UNITED PACIFIC

SERVICES FOR CITYWIDE TREE MAINTENANCE SERVICES FOR FISCAL YEAR 2023-2024 IN AN AMOUNT NOT TO EXCEED FOUR HUNDRED
THOUSAND DOLLARS ($400,000)

18. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AMENDING THE 2023-2024 FISCAL YEAR BUDGET AND AUTHORIZING THE CITY MANAGER TO ENTER INTO A FIVE (5) DAY COMPTON DUMP DAY

PROGRAM WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION (CALTRANS) FOR THE COLLECTION OF HOUSEHOLD BULKY ITEM IN THE

CITY OF COMPTON

COUNCIL COMMENTS

ADJOURNMENT
NEXT REGULAR MEETING: 9/12/2023 5:30 PM
Visit our website at http://www.comptoncity.org

APRIL 11, 2023
The Compton City Council meeting was called to order at 5:32 p.m. by Mayor Emma Sharif in the Council Chambers of City Hall. The Moment of Silence Ceremony and the Pledge of Allegiance was also led by Mayor Sharif.

ROLL CALL
Council Members Present – D. Duhart, J. Bowers, L. Darden, Mayor E. Sharif Council Members Absent – A. Spicer (Joined the meeting at 5:43 p.m.) Other Officials Present: E. Perrodin, V. McDaniel, T. Thomas

PUBLIC COMMENTS ON AGENDA ITEMS AND NON-AGENDA MATTERS

Mr. Ron Dowell, Concerned Citizens of Compton, raised several concerns regarding the financial difficulties facing the City relative to the State Audit. Mr. Dowell also questioned how the performance evaluations of the City Attorney and the City Controller will be rated and who would be responsible for providing the results of those evaluations to the community. Mr. Dowell asserted that the Compton Sheriffs must provide the community with better service and also submit crime statistics reports and further noted that there also appears to be dysfunction within the Compton Fire Department. Mr. Dowell concluded by noting that the Concerned Citizens of Compton have presented performance measures for various departments and City Officials.

Anthony Lewis commented on a list of items that must be addressed by the City Council and further referenced an incident whereby his mother and other members of the community were injured due to damaged sidewalks. Mr. Lewis then raised concerns that a local business offered the City millions of dollars to purchase certain property, however, it was sold to a different entity for considerably less.

Bishop L. J. Guillory reported on the progress of the installation of the Dr. Martin Luther King, Jr. and Supervisor Kenneth Hahn monument at the Compton Woodley Airport and asserted that there is a homeless individual residing near the location which must be removed. Mr. Guillory further stated that the continual issues concerning the Compton Fire Department must be addressed in an orderly and responsible manner, and further suggested that City administration meet with the Unions to resolve all issues and concerns.

David Irons commented on the wonderful UniverSoul Circus performances and addressed the high level of homeless of individuals in the City and professed that he would like to assist the City with the homeless issues.

Richard Earl, President of Concerned Citizens of Compton, discussed the lack of transparency and the inaccuracies which were promoted concerning Measure P and further suggested that the current City Council correct the language associated with the Measure P account. He further asserted that there have been no Oversight Commission meetings relative to Measure P for over a year. Mr. Earl urged the City Manager to provide a report regarding the money received from the Christal Casino and how the funds are being used, and further urged the Council to address and eradicate all marijuana dispensaries in the City.

Barbara Calhoun, former City Councilmember, reported on an incident whereby her vehicles and the vehicles of her neighbors were illegally impounded by Compton Code Enforcement. Ms.

Calhoun asserted that there were also motorcycles parked near the area that were not ticketed. Ms.

Calhoun encouraged the require the City Manager to address the irregularities within the Code Enforcement Division.

Juan Rojas addressed the City Council regarding his work truck, which was illegally towed away by Code Enforcement, along with two other vehicles.

Raul Segura spoke concerning respect and reported that he must visit parks in other cities in order for his children to play and perform outdoor activities due to Compton parks being littered with trash, debris and drug addicts. Mr. Segura encouraged the City Council to provide programs for

1. the children of the community and further urged everyone to move forward together for a brighter future for Compton.

Susan Corona highlighted the water leaks, mold, lack of storage, improper lighting, poor ventilation and overall poor condition of the Compton fire stations. Ms. Corona urged the City to improve the conditions of the stations and provide the Firefighters with a contract.

Luis Schmidt, AFSCME, expressed his dissatisfaction with the City Manager’s lack of sincere contract negotiations with the Union members. Mr. Schmidt indicated that the Union members have approved a vote of “No Confidence” in the City Manager, and added that he also has been misrepresenting the contract negotiations to the City Council. Mr. Schmidt indicated that the City Manager must be held accountable for his actions, and further urged the City to properly negotiate with the Unions.

Regina Orum commented that there are two very tall trees that are about to fall over near 1306 W. Stockwell and further urged the City to remove the trees for the safety of the residents.

Damien Wesley informed the City Council that he has learned that Animal Control in Downey only has one officer providing services for 8 cities and indicated that he has been providing animal rescue/control services to the community out of the kindness of his heart. Mr. Wesley further stated that he has provided over 160 rescues and also disposed of dead animals and further urged those interested in providing his with assistance to visit: comptonanimalrescue.com.

Paul Stodd, Compton Firefighter, informed the City Council and the community that the Compton Fire Department is in horrendous condition due to the lack of proper work environment, inadequate equipment and attrition of critical fire personnel. Firefighter Stodd noted that is essential that the City Council take action to upgrade and improve the Fire Department to prevent the total collapse of the Department.

Captain Daniel Salazar, President of Compton Fire Department Union Local 2216, urged the City Council to address the mold issue and work to improve the unhealthy working conditions at the fire stations. Captain Salazar further indicated that staffing has fallen to a critical low, additionally, morale is also at an all-time low due to the many problems with the Department and lack of an employment contract. He further noted that the Firefighters want to continue to protect and provide services to their constituents, but the lines of communication between the City and the Fire Department must be re-established. Captain Salazar thanked Councilman Bowers for assisting the Department, and further asserted that Measure P funds are available to improve and upgrade the Compton Fire Department.

Crystal Hodges, Compton Library Manager, informed the City Council and the community of the various services offered at the library and further noted that there are many various reading programs, tool loan program, as well as a dance and arts classes available to the children and adult residents of Compton. Ms. Hodges indicated that the City has a special partnership with PBS SoCal Local to provide poetry reading sessions at Planet Health in Compton.

Miller Martin discussed the need for additional Sheriff’s patrol ground units, not circling choppers and further indicated that there are fireworks explosions and loud noises all throughout the night in Compton. He further commented that the City Council must encourage the residents to cut their grass and improve and upkeep their property. Mr. Martin commented that his car was illegally towed by Code Enforcement.

Cyrus Alexander, retired Compton Firefighter, spoke regarding the need to upgrade and improve the Compton Fire Department and further discussed the importance of a fully staffed Fire Department along with adequate and functioning equipment and healthy working conditions.

Sheila Smith encouraged the City Council to address the unhealthy working conditions at the Compton Fire Stations and further encouraged the City to negotiate in good faith with the Unions and work out a contract. Ms. Smith also requested that the City to hire additional Firefighters and Paramedics.

Mark Smith commented that the Fire Department must be improved and upgraded immediately, noting this is a public safety issue. Mr. Smith asserted that the fire stations are uninhabitable and there are critical staffing shortages. Mr. Smith suggested that the City Council prioritize the needs of the Compton Fire Department and also work towards cleaning up the entire City of Compton.

Lynn Boone spoke regarding the mismanagement of fund by the City Manager and the City Council and further spoke in opposition to agenda item Number 8 ((Purchase Order for MIG, Inc. for Comprehensive General Plan Amendment) and indicated that there must be a special election in Compton.

Royce Esters encouraged the City Council to declare a war on Graffiti, which must be eradicated from the City as soon as possible. Mr. Esters invited the City Council and community to attend a meeting with NAEJA on April 15, 2023 at Holy Chapel Missionary Baptist Church located at 1016 W. Rosecrans Avenue, Compton.

Fidel Marquez spoke in opposition to agenda Item Number 8 (Purchase Order for MIG, Inc. for Comprehensive General Plan Amendment) and further highlighted that that is the City Council’s responsibility to make certain that the City Manager is performing his job. Mr. Fidel also urged the Council to clean up the graffiti and repave the streets.

Tanya Lewis reminded the City Manager that she is still waiting for information from his office and further indicated that the City Manager must be required to do his job.

Arizla Ora commented on the poor job performance of the City Manager.

Vanessa Cain addressed the concerns and issues of the Compton Fire Department and urged the City Council to improve the Department. Ms. Cain further requested that the Council address the high volume graffiti and upgrade the infrastructure of the City of Compton.

Brittany McReynolds, wife of a Compton Firefighter, reported that she has called the City Manager for over a week encouraging him to inform the residents regarding the closure of the fire station. Ms. McReynolds urged the City Council to address the deplorable working and living conditions of the fire stations and further emphasized that the staffing levels are at a critical low and there will be no public safety services for the residents of Compton.

CONSENT AGENDA

APPROVAL OF MINUTES

1. February 14, 2023
On motion by Spicer, seconded by Duhart, the minutes were approved by the following vote on roll call:

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

REGULAR AGENDA

REPORTS OF OFFICERS, BOARDS, COMMISSIONS AND COMMITTEES AND

CITY COUNCIL

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

BOARDS/COMMISSIONS AND COMMITTEES

FEDERAL GRANTS ADVISORY BOARD - Councilwomen Duhart

Councilmember Duhart nominated Kim Lynch to be appointed to the Federal Grants Advisory Board.

Councilmember Bowers nominated Louisa McCrary to be appointed to the Federal Grants Advisory Board.

On motion by Bowers, seconded by Duhart, Kim Lynch and Louisa McCray were appointed to the Federal Grants Advisory Board by the following vote on roll call:

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

CITY MANAGER'S REPORT

3. REQUEST TO SCHEDULE A PUBLIC HEARING: TO AMEND THE CITY OF

COMPTON MASTER FEE SCHEDULE TO INCREASE USER FEE RATES BY

THE CUMULATIVE COST-OF-LIVING ADJUSTMENT BASED ON THE
CHANGE IN THE CONSUMER PRICE INDEX FOR May 9, 2023 at 5:55p.m.

On motion by Duhart, seconded by Spicer, the hearing was scheduled for May 9, 2023, at 5:55 p.m. by the following vote on roll call:

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

4. REQUEST TO SCHEDULE BUDGET WORKSHOPS FOR THE CONSIDERATION OF THE PROPOSED FISCAL YEAR 2023-24 BUDGET – May 2, 2023 at 4:30pm, May 16, 2023 at 4:30 pm and May 23, 2023 at 4:30 pm
On motion by Spicer, seconded by Duhart, the Fiscal Year 2023-2024 Budget Workshop was hearing was scheduled for May 16, 2023 at 4:30 p.m. and May 23, 2023 at 4:30 p.m. by the following vote on roll call:

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

5. REQUEST TO SCHEDULE A PUBLIC HEARINGS FOR THE CONSIDERATION OF THE PROPOSED FISCAL YEAR 2023-24 BUDGET FOR June 13, 2023 at 5:45pm and June 20, 2023 at 5:45 pm
On motion by Darden, seconded by Spicer, the Fiscal Year 2023-2024 Budget Hearing was scheduled for June 13, 2023 at 5:45 p.m. and June 20, 2023 at 5:45 p.m. by the following vote on roll call:

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

UNFINISHED BUSINESS

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

AUTHORIZING THE CITY MANAGER TO PREPARE A BUDGET AMENDMENT

TRANSFERRING FUNDS BETWEEN ACCOUNTS AND TO ISSUE A PURCHASE

ORDER TO VERMEER EQUIPMENT CORPORATION FOR THE PURCHASE OF

A TREE STUMP GRINDER MACHINE FOR THE CITYWIDE TREE

MAINTENANCE PROGRAM IN AN AMOUNT NOT TO EXCEED ONE

HUNDRED FIVE THOUSAND SIX HUNDRED SEVENTY-THREE DOLLARS AND SIXTEEN CENTS ($105,673.16)

On motion by Spicer, seconded by Darden, Resolution Number 25,815 entitled ‘ A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON

AUTHORIZING THE CITY MANAGER TO PREPARE A BUDGET AMENDMENT

TRANSFERRING FUNDS BETWEEN ACCOUNTS AND TO ISSUE A PURCHASE

ORDER TO VERMEER EQUIPMENT CORPORATION FOR THE PURCHASE OF A

TREE STUMP GRINDER MACHINE FOR THE CITYWIDE TREE MAINTENANCE

PROGRAM IN AN AMOUNT NOT TO EXCEED ONE HUNDRED FIVE THOUSAND SIX HUNDRED SEVENTY-THREE DOLLARS AND SIXTEEN CENTS’ was adopted by the following vote on roll call:

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

NEW BUSINESS

7. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AMENDING THE WATER DEPARTMENT'S FISCAL YEAR 2022-2023 BUDGET

AND AUTHORIZING THE CITY MANAGER TO ISSUE A PURCHASE ORDER

TO GMC ELECTRICAL, INC FOR ANNUAL CATHODIC PROTECTION SYSTEM

REPAIR, TESTING AND EVALUATION IN THE AMOUNT OF TWENTY-NINE THOUSAND DOLLARS ($29,000)
On motion by Duhart, seconded by Darden, Resolution Number 25,816 entitled ‘ A

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

AUTHORIZING THE CITY MANAGER TO ISSUE A PURCHASE ORDER TO GMC

ELECTRICAL, INC FOR ANNUAL CATHODIC PROTECTION SYSTEM REPAIR,

TESTING AND EVALUATION IN THE AMOUNT OF TWENTY-NINE THOUSAND DOLLARS’ was adopted by the following vote on roll call:

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

8. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON RESCINDING RESOLUTION NO. 25,649 AND AUTHORIZING THE CITY MANAGER TO AMEND THE 2022-2023 FISCAL YEAR BUDGET AND TO

RATIFY THE PROFESSIONAL SERVICES AGREEMENT WITH, AND
ESTABLISH A PURCHASE ORDER FOR, MIG, INC. FOR PREPARATION OF A

COMPREHENSIVE CITYWIDE GENERAL PLAN UPDATE AND
ENVIRONMENTAL IMPACT REPORT ($979,683)
On motion by Duhart, seconded by Darden, Resolution Number 25,817 entitled ‘A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON RESCINDING RESOLUTION NO. 25,649 AND AUTHORIZING THE CITY MANAGER TO AMEND THE 2022-2023 FISCAL YEAR BUDGET AND TO RATIFY THE PROFESSIONAL

SERVICES AGREEMENT WITH, AND ESTABLISH A PURCHASE ORDER FOR, MIG, INC. FOR PREPARATION OF A COMPREHENSIVE CITYWIDE GENERAL PLAN UPDATE AND ENVIRONMENTAL IMPACT REPORT’ was adopted by the following vote on roll call:

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

Councilmember Bowers offered the following communications/announcements:
Thanked everyone involved with the One Section at a Time - 3 rd Annual Easter Egg Hunt and Extravaganza
Commented that the City Manager must develop a long-term strategy to address the illegal street takeovers
Requested that the City Council meeting be adjourned in memory of Aubrey Boone Councilmember Darden offered the following communications/announcements:
Invited the residents to visit the Compton College Farmer’s Market which is held every Wednesday from 3:00 p.m. to 7:00 p.m. – rain or shine!
Announced that the Bill Pickett Invitational Rodeo will be held on July 15 and 16, 2023 at the Industry Hills Expo Center located at 16200 Temple Avenue, Industry Hills, CA Mayor Sharif offered the following communications/announcements:
Mayor Sharif announced that First United Methodist Church will observe 155 years of Christian ministry with a special anniversary service on Sunday, April 23, 2023, at 10 a.m., in the church edifice located at 1025 S. Long Beach Boulevard in Compton. Mayor Sharif invited the community to attend this wonderful celebration. Mayor Sharif invited the residents to participate in the 5th Annual Autism Awareness/ Acceptance Walk sponsored by the Hub City Autism Network on April 15, 2023 beginning at 9:00 a.m. at the Compton Woodley Airport located at 801 W. Alondra, Compton. The purpose of this walk is to provide a platform for autism families and our community to come together in a friendly and social environment as we step together for autism awareness and acceptance.
Mayor Sharif invited the residents to participate in the Compton Community Dump Day on April 15, 2023, from 8:00 a.m. to 1:00 p.m. at 700 N. Bullis Road, Compton.

Ms. Sharif further highlighted that she will be co-hosting this event with Assemblyman Mike Gipson and noted that Staff will be on site to accept household waste and approved debris at no charge. Seniors may schedule a free, bulky-waste pickup by calling: Shanice McKinley Reed at: 310-605-5597 or emailing:
[email protected].

ADJOURNMENT
On motion by Duhart, seconded by Darden, the meeting was adjourned in memory of Aubrey Boone at 7:51 p.m. by the following vote on roll call:

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

CITY CLERK OF THE CITY OF COMPTON MAYOR OF THE CITY OF COMPTON APRIL 18, 2023
The Compton City Council meeting was called to order at 5:35 p.m. by Mayor Emma Sharif in the Council Chambers of City Hall. The Moment of Silence Ceremony and the Pledge of Allegiance was led by Mayor Sharif.

ROLL CALL
Council Members Present – D. Duhart, J. Bowers, L. Darden, Mayor E. Sharif Council Members Absent – A. Spicer (Entered the meeting at 5:38 p.m.)

Other Officials Present: E. Perrodin, V. McDaniel, T. Thomas Mayor Emma Sharif read the following comment into the record: “The City of Compton condemns the street takeovers that have plagued our community for far too long and in the past most of the participants have not been from our City but come here to take part in these takeovers and other senseless crimes. “We are working closely with the Compton Sheriff’s station to find the perpetrators and hold them accountable.”
Compton Sheriff’s Captain Terrence Bell condemned the illegal street takeovers and extended condolences to the Oliveras family in the tragic death of Raymond Oliveras, who was a victim of an individual fleeing an illegal street takeover. Captain Bell further reported that this tragic incident as well as the recent looting that occurred at various locations is being investigated by the L. A. County Sheriff’s Department’s Major Crimes Bureau. Captain Bell encouraged anyone with information regarding criminal activity to call the Compton Sheriff’s Department at: 310-605- 5600.

Compton Fire Chief Ronerick Simpson provided an update relative to the City’s Fire Department and further reported that a station tested positive for mold, however, the mold was nontoxic. Chief Simpson indicated that the rehabilitation of the stations will continue until the mold is remediated and structural improvements are completed.

PUBLIC COMMENTS ON AGENDA ITEMS AND NON-AGENDA MATTERS
Benjamin Holifield, President, Founder Compton Business Chamber of Commerce, informed the Council and community that Ms. Emily Hart Holifield’s name will be restored to the Compton College Library on April 22, 2023, at 11:00 a.m. Mr. Holifield offered his heartfelt gratitude to everyone involved with making this restoration a success and further noted that we must make Compton clean, safe and friendly.

Maria Villareal, President Latino Chamber of Commerce, reported that there are active community groups working to clean up the City, get rid of the potholes, defeat homelessness, prevent illegal dumping and address other issues. Ms. Villareal reported that most of the perpetrators of illegal street takeovers are not from Compton and further urged the Council to develop a plan to stop the illegal street takeovers.

William Terry addressed the issue of crime in the community and highlighted that education is the solution.

Bishop L. J. Guillory commented that the illegal street takeovers are a problem all over the United States, but the media often portrays what takes place in Compton in a negative way, because it gets more attention and views on social media. He then stated that the Dott’s Bots are ineffective and there are places set aside to perform this activity on an enclosed track.

Jackie Venters offered her condolences to the family of Shae Hamilton, founder of Angels for Sight. Ms. Venters thanked Captain Bell for his report on the illegal takeovers and further noted that the bystanders witnessing the illegal street takeovers should also be arrested. Ms. Venters raised concerns regarding certain elected officials and staff members receiving Covid-19 relief benefits when the Fire Department personnel did not.

2. Anthony Lewis indicated that he has prepared legislation to address the illegal street takeovers, along with a master plan to clean up the City.

Ms. Cindi Enamorado informed the City Council that her brother was killed at Alondra and Central as a result of being struck by a vehicle fleeing the police from an illegal street takeover.

Ms. Oliveras noted that her brother was an upstanding citizen and a City Engineer and desperately urged the City Council to take action to stop the illegal street takeovers and identify the individuals responsible for her brother’s untimely death.

Dawn Franks spoke in support of the Oliveras family and urged the City Council to stop the illegal street takeovers. Ms. Franks condemned the recent looting which took place after a street takeover and urged the City Council to take action to avoid any future takeovers and looting.

Dr. Michael Tankersley addressed the Council and residents regarding the illegal street takeovers and noted that the City has a communication problem with the youth.

Daniel De La Cruz, ACSME Local 3634 Representative, spoke in support of a contract between the City and the Union associated the Fire Department. Mr. De La Cruz urged the City Council to negotiate a contract with the Fire Department personnel and bring jobs and peace to the community.

Luis Schmidt raised concerns regarding the City’s negotiating practices and further stated that the Union members have presented a vote of “No Confidence” relating to the City Manager relative to the Compton Fire Department’s contract negotiations. Mr. Schmidt further discussed the City Manager’s poor job performance and urged the City Council to provide a contract for the Fire Department personnel.

Miller Martin urged the Council to fix the streets and eliminate the illegal street takeovers.

Mr. Martin indicated that the Council must prepare the City for the 2028 Summer Olympics.

Tia Walker, Founder of Walker Family Events, praised the Compton Fire Department which have been performing several beautiful Happy Birthday wishes drive-by events for residents of the community. Ms. Walker urged the City Council to provide the personnel of the Fire Department with whatever they need to perform their duties and protect and assist the residents of Compton.

Elizabeth Hicks indicated that Compton residents complain to her about the condition of the City and further suggested that the City contact the Governor for assistance to address the illegal street takeovers. Ms. Hicks also urged the City Council to provide the Fire Department with whatever they need.

Patricia Dumas, Assistant Director of East Rancho Dominguez Community Center, discussed the emotional trauma that the citizens of Compton are experiencing due to the illegal street takeovers.

Ms. Dumas also commented that the unhealthful air created from the takeovers is affecting the overall health and well-being of the residents.

Albert De La Mora commented that the Fire Department is understaffed, underfunded with broken-down equipment and added that the Compton Sheriffs are also understaffed and are unable to adequately respond to emergencies. Mr. De La Mora suggested that the City Council prioritize public safety.

Joyce Kelly informed the Council that she was affected by Covid-19 and further stated that she is in full support of the Fire Department. Ms. Kelly further suggested that the City use teargas to disperse the crowds attending the illegal street takeovers.

Tanya Lewis stated that she was not satisfied with how the Fire Chief and the City has handled all the problems plaguing the Compton Fire Department and urged the Council to make changes to the Compton Fire Department and the stations.

Brittaney McReynolds, wife of a Compton Firefighter, indicated that the City Council has repeatedly made statements asserting that they wish to improve the Compton Fire Department, however, they have not taken any action to assist the Department. Ms. McReynolds indicated that the Firefighters are stressed out, overworked and undervalued by the City, and further urged the City Council to provide the Firefighters with a contract and upgrade and improve the Compton Fire Department before it is too late.

Daniel Salazar, President of the Compton Fire Fighter’s Union Local 2216, recognized Councilmembers Spicer and Bowers for their open lines of communication and further indicated that there must be a bridge between the City Council and the Compton Fire Department to resolve the deficiencies, issues and concerns facing the Department. Captain Salazar then requested accountability for the City Manager and urged the Council to develop a plan to work with the Fire Department and move the City forward.

Lynn Boone addressed agenda item Number 4 (Resolution Adopting Hazard Mitigation Plan) and asserted that there must be a public hearing to address this item. Ms. Boone further raised concerns that only 3 of the 8 city officials on the Dias were elected by the people.

Luis Schmidt commented that the Compton Fire Department is losing personnel on a weekly basis and further urged the City Council to address the deficiencies and make improvements to upgrade the Department.

Vanessa Cain asserted that the community is experiencing environmental terrorism due to the illegal street takeovers and indicated that the City needs proper leadership to improve the City.

Ms. Camarillo expressed her condolences to the Oliveras family on the death of Raymond Oliveras. Ms. Camarillo offered her full support of the Oliveras family and urged the City Council to take action to prevent future illegal street takeovers.

Barbara (Missy) stated that the City Attorney must provide information to the residents and further indicated that the City’s parks still remain closed. She also and noted that there are nonprofits organizations occupying the parks spaces. Ms. Barbara further stated that the City Council must provide the necessary equipment, personnel in addition to a working contract for the Compton Fire Department.

Fidel Marquez indicated that public safety must be the City’s main priority and further noted that the Council must increase revenue, improve the City’s infrastructure and eradicate illegal street takeovers. Mr. Marquez asserted that the City Manager has not performed his duties, so he must resign.

A. Avila, President of the Golden Street Block Club, offered support for the Compton Fire Department from all the members of the block club and further suggested that the Council stop all social, public events and address the Unions and the various needs of the community.

REGULAR AGENDA

NEW BUSINESS

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

AUTHORIZING SIGNATURES ON CERTAIN ACCOUNTS AND NAMING

CERTAIN CITY EMPLOYEES AS AUTHORIZED SIGNATORIES ON THOSE

ACCOUNTS
On motion by Duhart, seconded by Darden, Resolution Number 25,820 entitled ‘ A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON

AUTHORIZING SIGNATURES ON CERTAIN ACCOUNTS AND NAMING CERTAIN CITY EMPLOYEES AS AUTHORIZED SIGNATORIES ON THOSE ACCOUNTS’ was adopted by the following vote on roll call:

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

2. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AMENDING THE GENERAL SERVICES DEPARTMENT 2022-23 FISCAL YEAR

BUDGET, TRANSFERRING FUNDS BETWEEN ACCOUNTS, AUTHORIZING THE CITY MANAGER TO ENTER INTO A 1-YEAR AGREEMENT WITH JOHNSON CONTROLS, INC. AND ISSUE A PURCHASE ORDER FOR PREVENTATIVE

MAINTENANCE SERVICES OF THE HEATING AND COOLING SYSTEM AT COMPTON CITY HALL ($66,790.00)
On motion by Duhart, seconded by Spicer, Resolution Number 25,821 entitled ‘A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AMENDING THE GENERAL SERVICES DEPARTMENT 2022-23 FISCAL YEAR BUDGET,

TRANSFERRING FUNDS BETWEEN ACCOUNTS, AUTHORIZING THE CITY MANAGER TO ENTER INTO A 1-YEAR AGREEMENT WITH JOHNSON CONTROLS, INC. AND ISSUE A PURCHASE ORDER FOR PREVENTATIVE MAINTENANCE SERVICES OF THE HEATING AND COOLING SYSTEM AT COMPTON CITY HALL’ was adopted by the following vote on roll call:

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

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

AUTHORIZE THE CITY MANAGER TO ISSUE A PURCHASE ORDER TO FIRETRUCKS UNLIMITED TO PAY THE REMAINING BALANCE OF ONE (1) 2021 DODGE RAM 3500 DIESEL TYPE 1 AMBULANCE REMOUNT ($62,482.00) On motion by Darden, seconded by Duhart, Resolution Number 25,822 entitled ‘ A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AMENDING THE 2022-2023 FISCAL YEAR BUDGET TO TRANSFER FUNDS AND AUTHORIZE

THE CITY MANAGER TO ISSUE A PURCHASE ORDER TO FIRETRUCKS UNLIMITED TO PAY THE REMAINING BALANCE OF ONE (1) 2021 DODGE RAM 3500 DIESEL TYPE 1 AMBULANCE REMOUNT’ was adopted by the following vote on roll call:

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

4. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON ADOPTING THE HAZARD MITIGATION PLAN DATED FEBRUARY 17, 2023
On motion by Spicer, seconded by Duhart, Resolution Number 25,818 entitled ‘ A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON ADOPTING THE HAZARD MITIGATION PLAN DATED FEBRUARY 17, 2023’ was adopted by the following vote on roll call:

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

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

AUTHORIZING THE CITY MANAGER TO REPAY UNOBLIGATED FUNDS FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT AS PART

OF THE CORONAVIRUS AID, RELIEF AND ECONOMIC SECURITY ACT ($170,641)
On motion by Duhart, seconded by Darden, Resolution Number 25,823 entitled ‘ A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON

AUTHORIZING THE CITY MANAGER TO REPAY UNOBLIGATED FUNDS FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT AS PART OF THE CORONAVIRUS AID, RELIEF AND ECONOMIC SECURITY ACT’ was adopted by the following vote on roll call:

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

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

AUTHORIZE THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH

BAKER TILLY FOR CLASSIFICATION, COMPENSATION AND SUCCESSION

PLANNING SERVICES FOR AN AMOUNT NOT TO EXCEED ONE-HUNDRED

FORTY-FOUR THOUSAND FOUR-HUNDRED TWENTY-FIVE DOLLARS
($144,425), TO AUTHORIZE A BUDGET AMENDMENT TO THE FY2022-2023 CITY

BUDGET, AND TO AUTHORIZE A PURCHASE ORDER IN THE AMOUNT OF ONE-

HUNDRED FORTY-FOUR THOUSAND FOUR-HUNDRED TWENTY-FIVE
DOLLARS ($144,425)
On motion by Duhart, second by Spicer, Resolution Number 25,819 entitled ‘A RESOLUTION

OF THE CITY COUNCIL OF THE CITY OF COMPTON TO AUTHORIZE THE CITY

MANAGER TO EXECUTE AN AGREEMENT WITH BAKER TILLY FOR

CLASSIFICATION, COMPENSATION AND SUCCESSION PLANNING SERVICES

FOR AN AMOUNT NOT TO EXCEED ONE-HUNDRED FORTY-FOUR THOUSAND FOUR-HUNDRED TWENTY-FIVE DOLLARS ($144,425), TO AUTHORIZE A BUDGET AMENDMENT TO THE FY2022-2023 CITY BUDGET, AND TO AUTHORIZE A

PURCHASE ORDER IN THE AMOUNT OF ONE-HUNDRED FORTY-FOUR
THOUSAND FOUR-HUNDRED TWENTY-FIVE DOLLARS’ was adopted by the following vote on roll call:

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

COUNCIL COMMENTS
Councilmember Duhart offered the following communications/announcements:
Invited the residents to attend the 3 rd Annual Community Resource Fair on April 29, 2023 from 11:00 a.m. to 3:00 p.m. at Gonzales Park located at 1101W. Cressey Street, Compton
Encouraged the City Manager to properly maintain the City’s parkways and thoroughfares and further bring forth the issue of preferential permit parking Councilmember Spicer offered the following communications/announcements:
Requested an update relative to the City’s video camera surveillance project Requested that the City Council meeting be adjourned in memory of Shae Hamilton (Councilman Spicer exited the meeting at 7:59 p.m.)
Councilmember Bowers offered the following communications/announcements:
Condemned the recent civil unrest associated with the illegal street takeovers and further noted that these takeovers have been adversely affecting the health, safety and well-being of the residents and emphasized that these incidents must be addressed immediately
Commented that the City Manager must address the critical staffing shortage at the Compton Fire Department and further accelerate the upgrading of the City’s infrastructure and improve public safety
Councilmember Darden offered the following communications/announcements:
Requested an update relative to the repair of the Artesia Bridge Announced that the Bill Pickett Invitational Rodeo will be held on July 15 and 16, 2023 at the Industry Hills Expo Center located at 16200 Temple Avenue, Industry Hills, CA Offered her heartfelt condolences to the family of Shae Hamilton, Founder of Angels for Sight
Mayor Sharif offered the following communications/announcements:
Mayor Sharif commented that she was honored to join Los Angeles County Board Supervisor Holly Mitchell in attending the recent welcoming ceremony for Vice President Kamala Harris.
Mayor Sharif announced that First United Methodist Church of Compton will observe 155 years of Christian ministry with a special anniversary service on Sunday, April 23, 2023 at 10 a.m., in the church edifice located at 1025 S. Long Beach Boulevard in Compton.

Mayor Sharif invited the community to attend this historic event. Mayor Sharif invited the community to attend the Stepping into Spring Senior Luncheon which will be held on April 27, 2023, beginning at 10:30 a.m. at the Dollarhide Community Center. There will be free food, music, entertainment and good times. Please contact Hillary Lombardi at: 310-605-568 or email:
[email protected] for additional information.

ADJOURNMENT
On motion by Duhart, seconded by Darden, the meeting was adjourned in memory of Raymond Oliveras and Shae Hamilton at 8:50 p.m. by the following vote on roll call:

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

CITY CLERK OF THE CITY OF COMPTON MAYOR OF THE CITY OF COMPTON September 5, 2023
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: CITY MANAGER
SUBJECT: REQUEST TO SCHEDULE A PUBLIC HEARING FOR AN APPEAL OF

THE PLANNING COMMISSION DECISION TO DENY ARCHITECTURAL
REVIEW BOARD CASE NO. 23-0031, A REQUEST TO CONSTRUCT AND OPERATE A 500 STUDENT CHARTER MIDDLE SCHOOL AT 900 EAST COMPTON BLVD.,
On July 26, 2023, the Planning Commission held a public hearing on an appeal request by Kipp SoCal. Kipp SoCal appealed the decision of the Architectural Review Board to deny the project. Kipp SoCal is proposing to construct and operate a 500-student charter middle school on a vacant lot located at 900 E. Compton Blvd.

At this public hearing, the Planning Commission voted to deny the appeal and affirm the decision of the Architectural Review Board. The applicant is now appealing this decision to the City Council. Staff recommends that the City Council schedule a public hearing on this matter for Tuesday, September 26, 2023 at 5:45 p.m.

ROBERT DELGADILLO, SENIOR PLANNER

COMMUNITY DEVELOPMENT DEPARTMENT
APPROVED BY:

JEROME GROOMS

CITY MANAGER

3. September 5, 2023
HONORABLE MAYOR AND COUNCIL MEMBERTO:

CITY MANAGERFROM;
SUBJECT: REQUEST TO AUTHORIZE TRAVEL FOR ELECTED

OFFICIALS
Authorize travel to attend the League of CA Cities Annual Conference and Expo
Recommendation:

Location: Sacramento, CA
Meeting Date: September 20, 2023 thru September 22, 2023 Approximate Cost: Registration: $700 (Per attendee)
Hotel: $227.00 per night (plus taxes and fees)
Transportation: $187.96 (flight)
Per Diem: Receipts required (Not to exceed $75 per day) Source of Funds: General Fund
The purpose of attending the League of CA Cities Annual Conference and Expo is to learn and discuss issues that are impacting our city.

Purpose:

Elected Official Attending
Mayor Emma Sharif
Councilmember Deidre M. Duhart
Councilmember Andre Spicer
Councilmember Jonathan Bowers
Councilmember Lillie Darden

4.4. September 5, 2023
TO: HONORABLE MAYOR AND COUNCIL MEMBER
FROM: CITY MANAGER
SUBJECT: REQUEST TO AUTHORIZE TRAVEL FOR ELECTED

OFFICIALS
Recommendation:Authorize travel to attend the League of CA Cities Annual Conference and Expo
Location:Sacramento, CA
Meeting Date:September 20, 2023 thru September 22, 2023 Approximate Cost:Registration: $700 (Per attendee)
Hotel: $227.00 per night (plus taxes and fees)
Transportation: $187.96 (flight)
Per Diem: Receipts required (Not to exceed $75 per day) Source of Funds:General Fund
Purpose:The purpose of attending the League of CA Cities Annual Conference and Expo is to learn and discuss issues that are impacting our city.

Elected Official Attending
Mayor Emma Sharif
Councilmember Deidre M. Duhart
Councilmember Andre Spicer
Councilmember Jonathan Bowers
Councilmember Lillie Darden
September 5, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: CITY ATTORNEY
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON RESCINDING RESOLUTION NO. 25,872 AND RATIFYING A LIMITED DURATION EMPLOYMENT AGREEMENT WITH DAVID A. PASCHAL

TO SERVE AS INTERIM ASSISTANT CITY MANAGER OF THE CITY OF

COMPTON AS APPROVED BY THE CITY COUNCIL AS A
SUBSEQUENT NEED AGENDA ITEM ON THE JULY 25, 2023 CITY

COUNCIL AGENDA MEETING

SUMMARY
The City Council will consider rescinding Resolution No. 25,872 and adopting a resolution to ratify a limited duration employment agreement with David A. Paschal to serve as interim Assistant City Manager of the City of Compton. This agreement was previously approved by the City Council as a subsequent need agenda item on the July 25, 2023 City Council Agenda meeting.

BACKGROUND
On July 25, 2023, the City Council met in open session during a duly noticed City Council meeting and adopted a resolution (Resolution No. 25,872) approving a Limited Duration Employment Agreement with David A. Paschal to serve as Interim Assistant City Manager of the City of Compton while the City conducts its recruitment for a permanent City Manager. This matter was brought before the City Council as a subsequent need item pursuant to California Government Code §54954.2(b)(2).

The Compton City Charter provides that City Council may provide by ordinance for the creation or abolishment of other appointive officers; and that the City Manager shall appoint other appointed officers.

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:

5.5.5. Staff Report – Resolution Ratifying a Limited Duration Employment Agreement with David A.

Paschal Serve as Interim Assistant City Manager (Limited to 960 Hours) as Approved by the City Council as a Subsequent Need Agenda Item on July 25, 2023 September 5, 2023, page 2
Page | 2
●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 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.

To assist in the city management and/or municipal administration of the City, Mr.

Groomes selected Mr. David A. Paschal for appointment as Interim Assistant City Manager for a definite and limited period of time in accordance with Mr. Groomes limited tenure as the current City Manager.

Mr. Paschal will bring over forty-five (45) years of management experience in the public sector, at the city, county, and state levels. He will assist the City Manager with moving forward City projects and work closely with Mr. Groomes and the City Council with the recruitment of a permanent City Manager. He will serve as Interim Assistant City Manager commencing on July 12, 2023 for a period not to exceed a total of nine hundred and sixty Staff Report – Resolution Ratifying a Limited Duration Employment Agreement with David A.

Paschal Serve as Interim Assistant City Manager (Limited to 960 Hours) as Approved by the City Council as a Subsequent Need Agenda Item on July 25, 2023 September 5, 2023, page 3
Page | 3
(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 prepared a proposed Employment Agreement for Mr.

Paschal to serve as Interim Assistant City Manager.

For unknown reasons, subsequent to the posting of the Council Agenda for the City Council meeting on July 25, 2023, this item was not included in the posted agenda for the July 25, 2023 council meeting. Consequently, this item was brought before the City Council during the July 25, 2023 council meeting as a subsequent need item for the Council’s consideration pursuant to California Government Code § 54954.2(b)(2). The City Council, by at least a majority vote, adopted Resolution No. 25,872 approving the Limited Duration Employment Agreement for David A. Pascal to serve as an interim Assistant City Manager. Subsequently, this Agreement was fully-executed by all the parties on or about July 31, 2023.

For housekeeping purposes and to ensure full compliance with the Brown Act, the City Attorney’s Office is requesting City Council to rescind Resolution No. 25,872 and adopt the attached resolution ratifying the fully-executed Limited Duration Employment Agreement with David A. Paschal to serve as interim Assistant City Manager of the City of Compton.

FISCAL IMPACT
In accordance with state law, Mr. Paschal will be compensated at the rate of $110.00 per hour, for actual hours worked. By state law, Mr. Paschal is limited to no more than Nine Hundred Sixty (960) hours of service per fiscal year.

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 RESCINDING RESOLUTION NO. 25,872 AND RATIFYING A LIMITED DURATION EMPLOYMENT AGREEMENT WITH DAVID A. PASCHAL

TO SERVE AS INTERIM ASSISTANT CITY MANAGER OF THE CITY OF

COMPTON AS APPROVED BY THE CITY COUNCIL AS A
SUBSEQUENT NEED AGENDA ITEM ON THE JULY 25, 2023 CITY

COUNCIL AGENDA MEETING
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 704 of the Compton City Charter provides that there shall be the other appointive officers, who shall be appointed by the City Manager; and WHEREAS, on July 25, 2023, the City Council met in open session during a duly noticed City Council meeting and adopted a resolution (Resolution No. 25,872) approving a Limited Duration Employment Agreement with David A. Paschal to serve as Interim Assistant City Manager of the City of Compton while the City conducts its recruitment for a permanent City Manager; and
WHEREAS, this matter was brought before the City Council as a subsequent need item pursuant to California Government Code §54954.2(b)(2); and WHEREAS, 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; and WHEREAS, to assist in the city management and/or municipal administration of the City, Mr. Groomes selected Mr. David A. Paschal for appointment as Interim Assistant City Manager for a definite and limited period of time in accordance with Mr. Groomes limited tenure as the current City Manager; and
Mr. Paschal will bring over forty-five (45) years of management experience in the public sector, at the city, county, and state levels. He will assist the City Manager with moving forward City projects and work closely with Mr. Groomes and the City Council with the recruitment of a permanent City Manager. He will serve as Interim Assistant City Manager commencing on 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 prepared a proposed Employment Agreement for Mr.

Paschal to serve as Interim Assistant City Manager
WHEREAS, for unknown reasons, subsequent to the posting of the Council Agenda for the City Council meeting on July 25, 2023, this item was not included in the posted agenda for the July 25, 2023 council meeting. Consequently, this item was brought before the City Council during the July 25, 2023 council meeting as a subsequent need item for the Council’s consideration pursuant to California Government Code § 54954.2(b)(2). The City Council, by at least a majority vote, adopted Resolution No. 25,872 approving the Limited Duration Employment Agreement for David A. Pascal to serve as an interim Assistant City Manager. Subsequently, this Agreement was fully- executed by all the parties on or about July 31, 2023; and WHEREAS, for housekeeping purposes and to ensure full compliance with the Brown Act, the City Attorney’s Office is requesting City Council to rescind Resolution No. 25,872 and adopt the attached resolution ratifying the fully-executed Limited Duration Employment Agreement with David A. Paschal to serve as interim Assistant City Manager of the City of Compton; and
Resolution No. __________

Page 2 ends

WHEREAS, in accordance with state law, Mr. Paschal will be compensated at the rate of $110.00 per hour, for actual hours worked. By state law, Mr. Paschal is limited to no more than Nine Hundred Sixty (960) hours of service per fiscal year; and

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 ratifies the Limited Duration Employment Agreement between the City and David A. Paschal to serve as Interim Assistant City Manager on 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.

Section 2.That the funds for this expenditure are allocated in the 2023-2024 Fiscal Year budget in Account No. 1001-510-000-4101.

Section 3.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 4.That the Mayor shall sign and the City Clerk shall attest to the adoption of this Resolution.

ADOPTED this ____ day of ____________, 2023.
_______________________________

MAYOR OF THE CITY OF COMPTON
ATTEST:
____________________________________

CITY CLERK OF THE CITY OF COMPTON

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) 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

SEPTEMBER 5, 2023
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: CITY MANAGER
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON

DECLARING A MOVEMENT TO CLEAN AND BEAUTIFY THE CITY OF

COMPTON

SUMMARY
The City Council will consider adoption of the attached resolution that will allow Mayor and Council of the City of Compton to create a movement whereby a clean and beautiful Compton becomes an everyday reality. This will be achieved by setting achievable goals and objectives that will be turned into action.

BACKGROUND
Beautification is the process of making visual improvements that can increase property value, attract businesses, promotes a sense of community pride and boost the morale of residents, visitors and other contributing members of the community.

City departments are united in the movement to beautify Compton. Staff has been assigned to target illegal dumping and graffiti hotspots, and enforce municipal code violations for residence, businesses and vacant land owners who are out of compliance with property maintenance.

Every community member of Compton can help in the movement of beautifying Compton by putting their trash in the trash containers, report any graffiti and illegal dumping, by utilizing your free bulky item pick-up services offered by your sanitation provider, participate in Dump Day events held throughout the year. Working together to beautify Compton will benefit, the residents, business owners and everyone who travels through the City of Compton.

Mayor and Council invites everyone to unite with Compton residents, the Compton Initiative Project, and anyone that is interested by volunteering every 3 rd Saturday of the month.

STATEMENT OF THE ISSUE
There is no anticipated issue.

6.6. Staff Report-Resolution Clean and Beautify Compton

Page 2 ends

FISCAL IMPACT
There is no anticipated fiscal Impact.

RECOMMENDATION
Staff makes no recommendation concerning this request. The decision is at the discretion of the Compton City Council.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON

DECLARING A MOVEMENT TO CLEAN AND BEAUTIFY THE CITY OF

COMPTON
WHEREAS, Mayor and Council of the City of Compton seeks to create a movement to clean and beautify the City of Compton whereby a clean and beautiful Compton becomes an everyday reality. This will be achieved by setting achievable goals and objectives that will be turned into action; and
WHEREAS, beautification is the process of making visual improvements that can increase property value, attract businesses, promotes a sense of community and boost the morale of residents, visitors, and other contributing members of the community; and WHEREAS, city departments are united in the movement to beautify Compton.

Staff has been assigned to target illegal dumping and graffiti hotspots, and enforce municipal code violations for residence, businesses and vacant land owners who are out of compliance with property maintenance; and
WHEREAS, every community member of Compton can help in the movement of beautifying Compton by putting their trash in the trash containers, report any graffiti and illegal dumping, by utilizing your free bulky item pick-up services offered by your sanitation provider, participate in Dump Day events held throughout the year; and WHEREAS, working together to beautify Compton will benefit, the residents, business owners and everyone who travels through the City of Compton.

WHEREAS, Mayor and Council invites everyone to unite with Compton residents, the Compton Initiative Project and anyone that is interested by volunteering every 3 rd Saturday of the month.

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 adopt this Resolution and declare a movement to clean and beautify the City of Compton.

SECTION 2. That a certified copy of this Resolution shall be filed in the offices of the City Manager, City Attorney, and City Clerk.

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

ADOPTED this _________ day of ___________, 2023.
________________________________

MAYOR OF THE CITY OF COMPTON
ATTEST:
____________________________________

CITY CLERK OF THE CITY OF COMPTON

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) 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-
ABSTAIN: COUNCIL MEMBERS-
ABSENT: COUNCIL MEMBERS-
September 5, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: JEROME GROOMES, CITY MANAGER
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON

AUTHORIZING THE CITY MANAGER TO RENAME THE ONE

HUNDRED BLOCK OF AUTO DRIVE SOUTH TO EAZY STREET

SUMMARY
Approval of the attached resolution will authorize the City Manager to rename the One Hundred Block of Auto Drive South to Eazy Street in honor of the renowned entertainer Eric Lynn Wright professionally known as Eazy-E, whose legacy posthumously has contributed to the hip-hop music industry around the world.

BACKGROUND
The late entertainer Eazy-E, was born and raised in the City of Compton and rose to fame for what is known as West Coast rap and Gangsta rap as part of the group N.W.A. which formed in Compton California.

The group launched the careers of hip-hop icons, such as Eazy-E, Ice Cube, Dr. Dre, MC Ren and many others. In 1988, N.W.A. released the colossal hit song “Straight Outta Compton”.

Eric Lynn Wright otherwise known as Eazy-E, has been called the “Godfather of Gangsta rap”, a rap pioneer and a legend. The renaming of the One Hundred Block of Auto Drive South to Eazy Street will keep this hip-hop icon’s name engraved in the history of Compton
The proposed selected street location in the City of Compton is currently named Auto Drive South. Honoring Eazy-E in the One Hundred Block of this location will be a lasting tribute to the art of hip-hop music that continues to be appreciated by his family and fans worldwide.

STATEMENT OF THE ISSUE
The City of Compton Facilities Naming Policy, adopted June 20, 2014 provides a process and guidelines for naming facilities in a manner that will provide an easy and recognizable reference to the City’s residents and visitors.

Section 2 (B) of the City’s Policy defines support facilities: City-owned facilities that support field operations, support facilities include, without limitation the City corporate yard, pump stations, roads, bridges and any new or future facilities.

7.7.7. Staff Report-Resolution Renaming Hundred Block Auto Drive South To Eazy Street

Page 2 ends

Posthumous recognition of this celebrity who brought global notoriety to the City of Compton can extend appreciation to the life of noted music artist Eric Lynn Wright, otherwise known as, Eazy-E.

FISCAL IMPACT
There is no anticipated fiscal impact.

RECOMMENDATION
Staff makes no recommendation concerning this request. The decision is at the discretion of the Compton City Council.

JERRY GROOMES

CITY MANAGER
RESOLUTION NO. ________________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON

AUTHORIZING THE CITY MANAGER TO RENAME THE ONE HUNDRED

BLOCK OF AUTO DRIVE SOUTH TO EAZY STREET
WHEREAS, the late entertainer Eazy-E, was born and raised in the City of Compton and rose to fame for what is known as West Coast rap and Gangsta rap as part of the group N.W.A. which formed in Compton California; and WHEREAS, the group launched the careers of hip-hop icons, such as Eazy-E, Ice Cube, Dr. Dre, MC Ren and many others. In 1988, N.W.A. released the colossal hit song “Straight Outta Compton”.

WHEREAS, Eric Lynn Wright otherwise known as Easy-E, has been called the “Godfather of Gangsta rap”, a rap pioneer and a legend. The renaming of the One Hundred Block of Auto Drive South to Eazy Street will keep this hip-hop icon’s name engraved in the history of Compton
WHEREAS, the proposed selected street location in the City of Compton is currently named Auto Drive South. Honoring Eazy-E in the One Hundred Block of this location will be a lasting tribute to the art of hip-hop music that continues to be appreciated by his family and fans worldwide; and
WHEREAS, the City of Compton Facilities Naming Policy, adopted June 20, 2014 provides a process and guidelines for naming facilities in a manner that will provide an easy and recognizable reference to the City’s residents and visitors WHEREAS, Section 2 (B) of the City’s Policy defines support facilities: City-owned facilities that support field operations, support facilities include, without limitation the City corporate yard, pump stations, roads, bridges and any new or future facilities; and WHEREAS, posthumous recognition of this celebrity who brought global notoriety to the City of Compton can extend appreciation to the life of noted music artist Eric Lynn Wright, otherwise known as, Eazy-E

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 renaming of the One Hundred Block of Auto Drive South to Eazy Street in honor of the renowned entertainer Eric Lynn Wright, otherwise known as Eazy-E.

Section 2. That the City Manager is directed to initiate procedures to rename the One Hundred Block of Auto Drive South Street to Eazy Street in adherence to City of Compton’s Policy Governing the Naming of City-Owned Facilities and Land through Resolution Number 23958 (attached).

Section 3. That a certified copy of this Resolution shall be forwarded to the City Attorney, City Clerk, City Manager’s Office, and the City Controller’s Office.

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. ________________

Page 2 ends

ATTEST:
____________________________________

CITY CLERK OF THE CITY OF COMPTON

STATE OF CALIFORNIA

COUNTY OF LOS ANGELES
CITY OF COMPTON: ss
I, Vernell McDaniel, City Clerk of the City of Compton, hereby certify that the foregoing Resolution was adopted by the City Council of the City of Compton, signed by the Mayor and attested by the City Clerk at a regular meeting thereof held on the __________ day of ____________________, 2023.

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

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

CITY CLERK OF THE CITY OF COMPTON

September 5, 2023
TO: MAYOR AND CITY COUNCIL MEMBERS
FROM: CITY MANAGER
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON

AUTHORIZING THE CITY MANAGER TO ISSUE A PURCHASE ORDER

TO GATEWAY CITIES COUNCIL OF GOVERNMENTS (GCCOG) FOR
THE PURPOSE OF PAYING THE FEES TO PARTICIPATE IN THE I-710

CORRIDOR ENVIRONMENTAL IMPACT REPORT/ENVIRONMENTAL
IMPACT STATEMENT (EIR/EIS), THE 91/605/405 MAJOR CORRIDOR

STUDY AND THE ATLANTIC AVENUE/BOULEVARD CORRIDOR STUDY
FOR FISCAL YEAR 2023-2024 IN AN AMOUNT NOT TO EXCEED FIFTY

ONE THOUSAND FIVE HUNDRED FIFTY ONE DOLLARS AND SEVENTY NINE CENTS ($51,551.79).

SUMMARY
This resolution authorizes the City Manager to issue a purchase order to Gateway Cities Council of Governments (GCCOG) for the purpose of paying fees for participation in the I-710 Corridor Environmental Impact Report/Environmental Impact Statement (EIR/EIS), the 91/605/405 Major Corridor Study and Atlantic Avenue/Boulevard Corridor Study for Fiscal Year 2023-2024.

BACKGROUND
I-710 Corridor Environmental Impact Report/Environmental Impact Statement The mission of the GCCOG includes transportation planning for the sub-region and advocating for maximum public sector funding for city and sub-regional projects. GCCOG adopted improvement of the I-710 freeway as one of its transportation priorities. The purpose and need for the study is to analyze traffic congestion, safety, air quality, goods movement, design deficiencies, land use constraints, cost effectiveness, environmental justice, aesthetics, noise, and adequacy of public transit as issues requiring attention and public action in any transportation improvement plan for the corridor. GCCOG served as the advocate for the inclusion of impacted municipalities in the completion of the study.

In April 2008, GCCOG entered into a Memorandum of Understanding (MOU) with Caltrans, LACMTA and SCAG to establish a multi-jurisdictional structure to fund and govern the implementation of the Environmental Impact Report/Environmental Impact Statement (EIR/EIS) to study the locally preferred strategy developed by the Major Corridor Study and alternative improvements to the I-710. The MOU establishes an I-710 EIR/EIS Project Committee and an I-710 Executive Committee, each of which provides for and depends upon the participation of local elected and appointed officers.

8.8. September 5, 2023
Staff Report - Gateway Cities Council of Governments

Page 2 of 3 ends

91/605/405 Major Corridor Study
There are 15 separate communities in the SR-91/I-605/I-405 Corridor and each has unique needs, concerns and culture of community involvement. There are also similarities regarding certain concerns such as impact of future freight growth on mobility, air quality and economic viability of the individual communities, and potential property impacts for any freeway widening.

The study provides a foundation for understanding the mobility demands of the three freeway corridors, the complete range of multi-modal improvement needs, and how the improvement project should be shaped to accommodate the needs and concerns of the Gateway Cities.

Atlantic Avenue/Boulevard Corridor Study
This study will evaluate the Atlantic Corridor beginning in the City of Long Beach traversing north to unincorporated Los Angeles County, for a complete street. Two primary alternatives to be considered include 1). the Atlantic Corridor as a “Complete Street” in the feasibility, and 2). as a multi-modal Corridor evaluated for consistency across the sub-region, including a potentially phased approach to a Complete Street, along with any major challenges and project benefits. The results would provide potential funding partners with an understanding of the holistic context of conditions, levels of service, truck volumes/impacts, pavement rehabilitation, pedestrian and bicycle traffic, transit connections, parking, commercial and residential linkages, city entryways/gateways, and potential safe routes to school options.

The study would require participation and consensus from all stakeholders including the cities Compton, Commerce, Vernon, Maywood, Bell, Cudahy, South Gate, Lynwood, Long Beach and unincorporated Los Angeles County, on the general consistency and aesthetic theme of the corridor.

STATEMENT OF THE ISSUE
In order for the City Manager to issue a purchase order to Gateway Cities Council of Governments (GCCOG) for the purpose of paying fees for participation in the I-710 Corridor Environmental Impact Report/Environmental Impact Statement (EIR/EIS), the 91/605/405 Major Corridor Study and Atlantic Avenue/Boulevard Corridor Study for Fiscal Year 2023-2024, City Council’s authorization is necessary September 5, 2023
Staff Report - Gateway Cities Council of Governments

Page 3 of 3 ends

FISCAL IMPACT
The amount of the invoices listed below will be received annually until the projects are completed.

ALTERNATIVES
The alternative is that the City of Compton would no longer be a part of the GCCOG and would not provide input with regards to the I-710 Corridor EIR/EIS Report, the 91/605/405 Major Corridor Study or the Atlantic Avenue/Boulevard Corridor Study.

RECOMMENDATION
It is recommended that the City Council approve the attached resolution authorizing the City Manager to issue a purchase order to Gateway Cities Council of Governments in the amount of $51,551.79.

JOHN D. STRICKLAND, JR.

DIRECTOR OF PUBLIC WORKS/CITY ENGINEER
APPROVED AS TO FORWARDING:

THOMAS THOMAS

CITY MANAGER
RESOLUTION NO. ___________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON

AUTHORIZING THE CITY MANAGER TO ISSUE A PURCHASE ORDER TO

GATEWAY CITIES COUNCIL OF GOVERNMENTS (GCCOG) FOR THE

PURPOSE OF PAYING THE FEES TO PARTICIPATE IN DISCUSSIONS FOR THE I-710 CORRIDOR ENVIRONMENTAL IMPACT
REPORT/ENVIRONMENTAL IMPACT STATEMENT (EIR/EIS), THE 91/605/405

MAJOR CORRIDOR STUDY, AND THE ATLANTIC AVENUE/BOULEVARD CORRIDORS STUDY FOR FISCAL YEAR 2023-2024 IN AN AMOUNT NOT TO

EXCEED FIFTY ONE THOUSAND FIVE HUNDRED FIFTY ONE DOLLARS AND SEVENTY NINE CENTS ($51,551.79).

WHEREAS, this resolution authorizes the City Manager to issue a purchase order to Gateway Cities Council of Governments (GCCOG) for the purpose of paying fees for participation in the I-710 Corridor Environmental Impact Report/Environmental Impact Statement (EIR/EIS), the 91/605/405 Major Corridor Study and Atlantic Avenue/Boulevard Corridor Study for Fiscal Year 2023-2024; and WHEREAS, the mission of the GCCOG includes transportation planning for the sub-region and advocating for maximum public sector funding for city and sub-regional projects; and
WHEREAS, GCCOG adopted improvement of the I-710 Freeway as one of its transportation priorities; and
WHEREAS, the purpose and need for the study is to analyze traffic congestion, safety, air quality, goods movement, design deficiencies, land use constraints, cost effectiveness, environmental justice, aesthetics, noise, and adequacy of public transit as issues requiring attention and public action in any transportation improvement plan for the corridor and the GCCOG served as the advocate for the inclusion of impacted municipalities in the completion of the study; and
WHEREAS,in April 2008, GCCOG entered into a Memorandum of Understanding (MOU) with Caltrans, LACMTA and SCAG to establish a multi- jurisdictional structure to fund and govern the implementation of the Environmental Impact Report/Environmental Impact Statement (EIR/EIS) to study the locally preferred strategy developed by the Major Corridor Study and alternative improvements to the I-710; and WHEREAS,the MOU establishes an I-710 EIR/EIS Project Committee and an I- 710 Executive Committee, each of which provides for and depends upon the participation of local elected and appointed officers; and
WHEREAS,there are 15 separate communities in the SR-91/I-605/I-405 Corridor and each has unique needs, concerns and culture of community involvement and there are also similarities regarding certain concerns such as impact of future freight growth on mobility, air quality and economic viability of the individual communities, potential property impacts for any freeway widening; and

WHEREAS,the study provides a foundation for understanding the mobility demands of the three freeway corridors, the complete range of multi-modal improvement needs, and how the improvement project should be shaped to accommodate the needs and concerns of the Gateway Cities; and
WHEREAS,the study will evaluate the Atlantic Corridor beginning in the City of Long Beach traversing north to unincorporated Los Angeles County, for a complete street and two primary alternatives considered include 1). the Atlantic Corridor as a “Complete Street” in the feasibility, and 2). as a multi-modal Corridor evaluated for consistency across the sub-region, including a potentially phased approach to a Complete Street, along with any major challenges and project benefits; and RESOLUTION NO. __________

PAGE TWO
WHEREAS,the results would provide potential funding partners with an understanding of the holistic context of conditions, levels of service, truck volumes/impacts, pavement rehabilitation, pedestrian and bicycle traffic, transit connections, parking, commercial and residential linkages, city entryways/gateways, and potential safe routes to school options; and
WHEREAS,the study would require participation and consensus from all stakeholders including the cities of Compton, Commerce, Vernon, Maywood, Bell, Cudahy, South Gate, Lynwood, Long Beach and unincorporated Los Angeles County, on the general consistency and aesthetic theme of the corridor; and WHEREAS,in order for the City of Compton to continue to participate in providing input and feedback in relation to how the recommended studies impact the City to GCCOG, annual fees must be paid; and
WHEREAS,the amount of fees are listed below and will be received annually until the projects are completed.

Local Agency Participation in the EIR/EIS report for the I-710 Corridor $ 25,000.00 Local Agency Participation in the 91/605/405 Major Corridor Study $ 20,000.00 Local Participation in the Study for the Atlantic Corridor $ 6,551.79 $51,551.79;
and
WHEREAS,funds to pay for participation fees are in an amount not to exceed Fifty One Thousand Five Hundred Fifty One Dollars and Seventy Nine Cents ($51,551.79) are available in Public Works Department’s 2023-2024 Fiscal Year budget in Account No. 1900-710-000-4262; and
WHEREAS, in order for the City Manager to issue a purchase order to Gateway Cities Council of Governments (GCCOG) for the purpose of paying fees for participation in the I-710 Corridor Environmental Impact Report/Environmental Impact Statement (EIR/EIS), the 91/605/405 Major Corridor Study and Atlantic Avenue/Boulevard Corridor Study for Fiscal Year 2023-2024, City Council’s authorization is necessary

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

SECTION 1.That the City Manager is authorized to issue a purchase order to GCCOG in the amount of Fifty One Thousand Five Hundred Fifty One Dollars and Seventy Nine Cents ($51,551.79) from Account Number 1900-710-000-4262.

SECTION 2. That the funds to pay for membership and participation fees are available in Public Works Department’s 2023-2024 Fiscal Year budget in Account Number 1900-710-000-4262.

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

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

ADOPTED this _________ day of ______________________, 2023. ___________________________________

MAYOR OF THE CITY OF COMPTON
RESOLUTION NO. __________

PAGE TWO
ATTEST:
___________________________________

CITY CLERK OF THE CITY OF COMPTON

STATE OF CALIFORNIA

COUNTY OF LOS ANGELES

CITY OF COMPTON
I, Vernell McDaniel, City Clerk of the City of Compton, hereby certify that the foregoing resolution was adopted by the City Council, signed by the Mayor and attested by the City Clerk at a regular meeting thereof held on the __________ day of ____________________ 2023.

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

AYES: COUNCIL MEMBERS-
NOES: COUNCIL MEMBERS-
ABSENT: COUNCIL MEMBERS-
ABSTAIN: COUNCIL MEMBERS-
______________________________________

CITY CLERK OF THE CITY OF COMPTON
September 5, 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 FISCAL YEAR 2023-2024 BUDGET APPROPRIATING

FUNDS FROM FUND BALANCE AND AUTHORIZING THE CITY

MANAGER TO ENTER INTO A PROFESSIONAL SERVICES

AGREEMENT AND ISSUE A PURCHASE ORDER TO NEW WEST

LANDSCAPING FOR PROPERTY MAINTENANCE AND LANDSCAPING

SERVICES ON HOUSING SUCCESSOR AGENCY-OWNED PARCELS
IN THE CITY OF COMPTON $14,400.

SUMMARY
Adoption of this resolution will authorize the City Manager to enter into a Property Maintenance Service Agreement with New West Landscaping (“New West”) for the remainder of Fiscal Year 2023-2024; with authority to exercise a two-year renewal option; to provide routine monitoring, maintenance and landscaping services for all properties owned by the Successor Agency to the Community Redevelopment Agency of the City of Compton (“Successor Agency”), and establish a purchase order in the amount of Fourteen Thousand Four Hundred Dollars ($14,400.00) for services rendered.

BACKGROUND
As part of the winding down of the former Community Redevelopment Agency’s (“CRA”) activities, the Housing Successor is required to provide property maintenance and landscaping services activities on Housing Agency-owned parcels slated for disposition and development pursuant to AB 26 and 1484 (collectively known as the “Dissolution Act”). The intent is to prepare the subject sites for future development while ensuring public safety, discourage vandalism and illegal dumping on the Housing Successor- owned parcels.

STATEMENT OF THE ISSUE
The Housing Successor has four (4) parcels held for resale in its inventory. These parcels continuously require property maintenance, landscaping services, illegal dumping removal, graffiti removal, weed abatement, board-up services, tree trimming and regular inspections to alleviate visual blight. In order to accomplish such objectives, the Housing Successor needs to employ the services of a contractor to perform maintenance of the Housing Successor-owned parcels.

9.9.9.9.9.9. Staff Report – Resolution Authorizing Agreement with New West Landscaping/Housing Successor Properties
Property Maintenance & Landscaping Services
September 5, 2023, page 2
On June 28, 2023, staff issued a Request for Proposal (“RFP”) for Maintenance and Landscaping Services for each of the properties owned by the Successor Agency and the Housing Successor Agency, which was published in the Compton Bulletin. Staff also sent e-mails of the RFP to various vendors, six (6) proposals were received as follows:

Contractor Successor
Agency
Housing
Successor
Agency
Total Annual Cost
New West
Landscaping $47,400.00 $14,400.00 $61,800.00
JAS Landscape
Not Broken Down
by Agency
Not Broken
Down by Agency $40,960/monthly
Mariposa
Landscapes Inc. $91,867.08 $52,589.16 $144,456.24
Swayzer
Landscapes $88,060 $40,200 $128,260.00
Green Garden
Inc.

Not Broken Down
by Agency
Not Broken
Down by agency $17,928.50/monthly
Four Seasons
landscaping
Not Broken Down
by Agency
Not Broken
Down by Agency $222,900.00
The Staff Evaluation Committee reviewed the proposals based on the following criteria:

I. (a) Company’s contact information.
(b) Years of experience in and description of similar work in lawn care, park (recreational space) improvement, and lot clearing.
(c) Staff qualifications, training, and expertise.
(d) Amount and types of equipment that the contractor currently has on hand for completion of similar work. (photographs encouraged) (e) Provide a fee schedule for project, including the hourly-rate and total number of anticipated staff hours. Please separate the properties by Successor Agency and Housing Successor Agency properties as set forth in the previous charts.
(f) List contact names and telephone numbers of three (3) professional references that can verify your experience.

Staff Report – Resolution Authorizing Agreement with
New West Landscaping/Housing Successor Properties
Property Maintenance & Landscaping Services
September 5, 2023, page 3
(g) Provide proof of insurance coverage and licensure:

1. Valid Contractor’s License issued by the California State License Board (CCSB)-please provide copy- detailed verification printout (can be accessed at the State of California Department of Consumer Affairs Contractors State License Board)

2. Valid City of Compton Business License

3. Worker’s Compensation Insurance
II. Provide other relevant documentation for consideration of the contract.

The committee found that the proposal from New West Landscaping was the lowest cost and most responsive bidder based on the criteria above and is recommending that New West be awarded a contract to provide regularly scheduled landscape and maintenance services for Housing Successor-owned properties.

FISCAL IMPACT
Funds for this expenditure are available in the Housing Successor Agency Fund Balance for Fiscal Year 2023 – 2024 Budget and will need to be amended as follows:

Increase Expenditure Account Description Amount
1205-920-000-4269 Housing Successor Agency $14,400 Other Contract Services
Should the option to renew each fiscal year after up to two fiscal years be exercised, the cost for services rendered during each fiscal year (i.e. FY 2024-2025 and FY 2025-2026) will be $14,400.00, which will be appropriated in future City budgets.

RECOMMENDATION
Staff respectfully 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 AMENDING THE FISCAL YEAR 2023-2024 BUDGET APPROPRIATING

FUNDS FROM FUND BALANCE AND AUTHORIZE THE CITY MANAGER

TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT AND ISSUE A

PURCHASE ORDER TO NEW WEST LANDSCAPING FOR PROPERTY

MAINTENANCE AND LANDSCAPING SERVICES ON HOUSING

SUCCESSOR AGENCY- OWNED PARCELS IN THE CITY OF
COMPTON $14,400
WHEREAS, as part of the winding down of the former Community Redevelopment Agency’s (“CRA”) activities, the Housing Successor Agency (“Housing Successor”) is required to provide property maintenance and landscaping services activities on Housing Successor-owned parcels slated for disposition and development pursuant to AB 26 and 1484 (collectively known as the “Dissolution Act”); and WHEREAS, the Housing Successor has four (4) parcels held for resale in its inventory which continuously require property maintenance, landscaping services, illegal dumping removal, graffiti removal, weed abatement, board-up services, tree trimming and regular inspections to alleviate visual blight; and
WHEREAS, in order to accomplish such objectives, the Housing Successor needs to employ the services of a contractor to perform maintenance of the Housing Successor- owned parcels; and
WHEREAS, on June 28, 2023, staff issued a Request for Proposal (“RFP”) for Maintenance and Landscaping Services for each of the parcels owned by the Successor Agency and the Housing Successor Agency, which was published in the Compton Bulletin. Staff also sent e-mails of the RFP to various vendors, six (6) proposals were received as follows:

Contractor Successor
Agency
Housing
Successor
Agency
Total Annual Cost
New West
Landscaping $47,400.00 $14,400.00 $61,800.00
JAS
Landscape
Not Broken
Down by Agency
Not Broken
Down by Agency $40,960/monthly
Mariposa
Landscapes
Inc. $91,867.08 $52,589.16 $144,456.24
Swayzer
Landscapes $88,060 $40,200 $128,260.00
Green Garden
Inc.

Not Broken
Down by Agency
Not Broken
Down by agency $17,928.50/monthly
Four Seasons
landscaping
Not Broken Down
by Agency
Not Broken Down
by Agency $222,900.00
WHEREAS, the Staff Evaluation Committee staff found that the proposal from New West Landscaping was the lowest cost and most responsive bidder based on the criteria identified within the RFP and is recommending that New West be awarded a contract to provide regularly scheduled landscape and maintenance services for Housing Successor-owned parcels; and
WHEREAS, funding for this expenditure are available in the Housing Successor Agency Fund Balance for Fiscal Year 2023 – 2024 Budget and will need to be amended as follows:

Increase Expenditure Account Description Amount
1205-920-000-4269 Other Contract Services $14,400
Resolution No. ________________

Page 2 ends

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF COMPTON,

ACTING AS THE HOUSING SUCCESSOR AGENCY OF THE CITY OF COMPTON HEREBY RESOLVES AS FOLLOWS:

Section 1.That the City Manager, upon the advice and approval of the City Attorney, is hereby authorized to enter into a Property Maintenance Service Agreement with New West Landscaping (“New West”) for the amount of $14,400 for the remainder of Fiscal Year 2023-2024; with an option to renew each fiscal year after up to two fiscal years (i.e. FY 2024 – 2025 and FY 2025 – 2026) to provide routine monitoring, maintenance, and landscaping services for all Housing Successor Agency (“Housing Successor”) owned properties.

Section 2.That the City Manager is hereby authorized to issue a purchase order to New West Landscaping in “an amount not to exceed” Fourteen Thousand Four Hundred dollars ($14,400). Funds for this expenditure are available in the Housing Successor Agency’s Fund Balance for the Fiscal Year 2023-2024 budget in Account No. 1205-920-000-4269.

Section 3.Funds for this expenditure are available in the Housing Successor Agency’s Fund Balance for the Fiscal Year 2023-2024 budget in Account No. 1205-920- 000-4269.

Increase Expenditure Account Description Amount
1205-920-000-4269 Housing Successor Agency $14,400 Other Contract Services
Section 4.That a certified copy of this Resolution shall be filed in the offices of the City Manager, City Attorney, City Controller, Housing Successor Agency and 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 Council signed by the Mayor, and attested by the City Clerk to the Council at the regular meeting thereof held on the ________ day of ____________________, 2023.

Resolution No. ________________

Page 3 ends

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

CITY OF COMPTON
And The

SUCCESSOR AGENCY

REQUEST FOR PROPOSAL
FOR

PROPERTY MAINTENANCE AND LANDSCAPING SERVICES
Issued by:

City of Compton
Successor Agency
205 South Willowbrook Avenue
Compton, CA 90220
Phone Number (310) 605-5585
Website: www.comptoncity.org

Date of Issue:

June 28, 2023
Submission:

City Clerk’s Office
Re: RFP Landscape & Maintenance
205 South Willowbrook Avenue, 1st Floor
Compton, CA 90220
Proposal Due Date & Time
Thursday, July 13, 2023 by 5:00 p.m.

Proposals will not be accepted after
Thursday, July 13, 2023 by 5:00 p.m.

For questions regarding the submission of this proposal, please contact:
[email protected]

SUCCESSOR AGENCY/HOUSING SUCCESSOR AGENCY PROPERTIES
RFP: PROPERTY MAINTENANCE AND LANDSCAPING SERVICES
2 | P a g e 6

INTRODUCTION
The City of Compton Successor Agency (Agency) is soliciting proposals from qualified companies to perform Landscaping and Maintenance services on Successor Agency and Housing Successor Agency properties within the City. The Agency is requesting proposals to service the properties listed below:

Address Size Current Status
Successor Agency Properties
250 North Central 107,208 sq. ft. Vacant Land and
Building
1113 – 1125 West Rosecrans Avenue 18,352 sq. ft. Vacant Land 413 – 415 West Compton Boulevard 24,463 sq. ft. Vacant Land 1425 East Compton Boulevard 13,392 sq. ft. Vacant Land
110 – 114 North Bowen Avenue 11,505 sq. ft. Vacant Land 409, 413 – 415 North Alameda Street 33,570 sq. ft. Vacant Land 2901 West Alondra Boulevard 40,075 sq. ft. Vacant Land
2815 – 2875 West Alondra Boulevard 779,724 sq. ft. Vacant Land 412 West Alondra Boulevard 18,509 sq. ft. Vacant Land
1434 West Compton Boulevard 62,262 sq. ft. Vacant Land
1117 S. Long Beach Blvd. 56,509 sq. ft. Vacant Land
501 – 545 East Compton Boulevard 42,801 sq. ft. Vacant Land 107 North Santa Fe Avenue
601 East Compton Boulevard
607 East Compton Boulevard
625 East Compton Boulevard
112 North Willow Avenue
43,090 sq. ft. Vacant Land
217 East Indigo Street 7,750 sq. ft. Vacant Land
2000-2024 West Compton Boulevard 88,114 sq. ft. Vacant Land 206 E. Elm Street 4,967 sq. ft. Vacant Land
Housing Successor Agency Properties
16208 South Atlantic Avenue 40,511 sq. ft. Vacant Land
Small area adjacent to 16208 S. Atlantic
Avenue

0.17 sq. ft. Vacant Land
16216 South Atlantic Avenue 7,836 sq. ft. Vacant Land
1716 E. Rosecrans Avenue 13, 257 sq. ft. Vacant Land
1950 North Central Avenue 51,987 sq. ft. Vacant Land
1434 W. Compton Blvd. 62,262 sq. ft. Vacant Land

SUCCESSOR AGENCY/HOUSING SUCCESSOR AGENCY PROPERTIES
RFP: PROPERTY MAINTENANCE AND LANDSCAPING SERVICES
3 | P a g e 6

SCOPE OF SERVICES
This section describes the specifics regarding the actual work to be performed during the duration of the contract. These parcels require continuous and regular property landscape and maintenance services for the abatement of items such as: illegal dumping, trash and debris removal, graffiti removal, weed abatement, board-up services, and tree trimming.

Maintenance and Landscape Services:
• Grass to be mowed routinely . Staff reserves the right to notify the contractor of when to change the mowing height to accommoda te the various growing patterns and weather conditions throughout the year. Damage to turf areas as evidenced by the use of dull blades could be considered grounds for cancellation of any contract agreement. • Edging to be completed at each service will include all around curbs, sidewalks, streets, and flower beds.
• Clippings to be blown off drives and walkways and removed off the site. • Contractor must only use state of California approved herbicides • Trimming around all obstacles as needed.
• Litter to be removed from all areas prior to each mowing. • Direction of mowing pattern to be altered on a regular basis to avoid worn spots. • Perform weed abatement.
• Emptying of all trash containers.
• Inspect irrigation system and report any repairs required to City staff. • Provide photo-documentation of all on a bi-weekly-basis, or as specified by city staff, proof of work performed and verifying any abnormal conditions as necessary. • Submit a bi-weekly report describing work performed for all locations with Invoice. • Perform work in a professional manner in accordance with City regulations and standards. • Monitor property for illegal dumping and homeless encampments and clean-up dumping or encampments and notify staff of each occurrence.

SUCCESSOR AGENCY/HOUSING SUCCESSOR AGENCY PROPERTIES
RFP: PROPERTY MAINTENANCE AND LANDSCAPING SERVICES
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SCHEDULE OF MAINTENANCE AND LANDSCAPING
City staff will determine the frequency of maintenance of service . I n the event that frequency augmentations are required, standard p er unit rates fees shall apply. Also, the total number of vacant lots serviced is subject to increase or decrease. (As a result, proposal should base costs/fees on a per unit basis or itemized list). The general schedule of maintenance of service will include:

General Schedule of Maintenance and Landscaping
Address Size Maintenance
Required

SUCCESSOR AGENCY PROPERTY

1113 – 1125 West Rosecrans Avenue 18,352 sq. ft. Bi-Weekly 413 – 415 West Compton Boulevard 24,463 sq. ft. Bi-Weekly 1425 East Compton Boulevard 13,392 sq. ft. Bi-Weekly
110 – 114 North Bowen Avenue 11,505 sq. ft. Bi-Weekly 413 – 415 North Alameda Street 11,030 sq. ft. Bi-Weekly 2901 West Alondra Boulevard 40,075 sq. ft. Bi-Weekly
2815 – 2875 West Alondra Boulevard 779,724 sq. ft. Quarterly 1434 West Compton Boulevard 62,262 sq. ft. Bi-Weekly
501 – 545 East Compton Boulevard 42,801 sq. ft. Bi-Weekly 107 North Santa Fe Avenue
601 East Compton Boulevard
607 East Compton Boulevard
625 East Compton Boulevard
112 North Willow Avenue
43,090 sq. ft.

Bi-Weekly
217 East Indigo Street 7,750 sq. ft. Bi-Weekly
1117 South Long Beach Boulevard 56,509 sq. ft. Bi-Weekly 2000-2024 West Compton Boulevard 88,114 sq. ft. Bi-Weekly 206 E. Elm Street 4,967 sq. ft. Bi-Weekly

HOUSING SUCCESSOR AGENCY

PROPERTY

16208 South Atlantic Avenue
Small area adjacent to 16208 S. Atlantic
Avenue
16216 South Atlantic Avenue
40,511 sq. ft

0.17 sq. ft.
7,836 sq. ft.

Bi-Weekly
1716 E. Rosecrans Avenue 13, 257 sq. ft. Bi-Weekly
1434 W. Compton Blvd. 62,262 sq. ft. Bi-Weekly
930 W Compton Blvd. 107,020 sq. ft. Bi-Weekly

SUCCESSOR AGENCY/HOUSING SUCCESSOR AGENCY PROPERTIES
RFP: PROPERTY MAINTENANCE AND LANDSCAPING SERVICES
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RIGHT OF REVERSION
The City of Compton or the Successor Agency/Housing Successor Agency reserves the right to cancel or to postpone any scheduled service without cause by giving the contractor at least seven (7) business days’ notice. The contractor will not be allowed to charge the City of Compton Successor Agency/ Housing Successor Agency for any cancellations.

RFP PACKAGE REQUIREMENTS AND ELEMENTS
When preparing your RFP proposal, please address all components listed below.

Please submit four (4) copies of your RFP by the due date. A failure to comply with these or any other requirement listed in this notice will invalidate your proposal. Proposals should include the following information:

I. Narrative describing the contractor’s qualifications which include:
a. Company’s contact information.
b. Years of experience in and description of similar work in lawn care, park (recreational space) improvement, and lot clearing.
c. Staff qualifications, training, and expertise.
d. Amount and types of equipment that the contractor currently has on hand for completion of similar work. (photographs encouraged)
e. Provide a fee schedule for project, including the hourly-rate and total number of anticipated staff hours. Please separate the properties by Successor Agency and Housing Successor Agency properties as set forth in the previous charts.
f. List contact names and telephone numbers of three (3) professional references that can verify your experience.
g. Provide proof of insurance coverage and licensure:

1. Valid Contractor’s License issued by the Califo rnia State License Board (CCSB)- please provide copy- detailed verification printout (can be accessed at the State of California Department of Consumer Affairs Contractors State License Board)

2. Valid California Driver’s License

3. Valid Automobile Insurance

4. Valid City of Compton Business License

5. Worker’s Compensation Insurance

6. Errors and Omissions Insurance
II. Provide other relevant documentation for consideration of the contract.

III. Contract period is for FY 2023-24 with an option to renew each fiscal year after up to two fiscal years.

SUCCESSOR AGENCY/HOUSING SUCCESSOR AGENCY PROPERTIES
RFP: PROPERTY MAINTENANCE AND LANDSCAPING SERVICES
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RFP SUBMISSION

Proposals must be received by
Thursday, July 13, 2023 by 5:00 p.m.

Your submission must be in a sealed envelope and addressed as follows:

City Clerk’s Office
Re: RFP Landscape & Maintenance
205 South Willowbrook Avenue, 1st Floor
Compton, CA 90220

PROPERTY MAINTENANCE SERVICES CONTRACT

BETWEEN

NEW WEST LANDSCAPING
AND

THE CITY OF COMPTON
(HOUSING SUCCESSOR AGENCY)
This CONTRACT is made by and between the CITY OF COMPTON. acting as the Housing Successor Agency (hereinafter referred to as “CITY”) located at 205 South Willowbrook Avenue, Compton, California 90220, and NEW WEST LANDSCAPING (hereinafter referred to as “CONTRACTOR”) located at 1019 West 133rd Street, Gardena, California 90247, pursuant to Resolution No. _______, adopted by the City Council on _____________, 2023.

WITNESSETH:

That the City and Contractor, for the consideration, terms and conditions herein described, mutually agree as follows:

1. Services to be Performed by Contractor:

Contractor shall perform, in a professional manner, everything required to be performed, shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services for providing monthly property maintenance and landscaping services on the Housing Successor owned parcels, identified within the attachment titled “Housing Successor City Property Inventory”, which is incorporated herein. Services include, but are not limited to abatement of all dumped materials and debris, weed abatement, trash removal, shrub and tree trimming, and removal and disposal of all materials abated.

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. Contractor shall bear all costs associated with this work, including, but not limited to all professional, technical, clerical services, materials, tools, equipment, transportation, telephone, etc., used by Contractor in connection with this work.

Contractor will be responsible for employing or engaging all persons necessary to perform the services. All of Contractor's staff will be qualified by training and experience to perform their assigned tasks. Contractor will give its personal attention to the fulfillment of the provisions of this Contract by all of its employees and subcontractors, if any, and will keep the services under its control.

1.1 Key Personnel.
. a Contractor’s Representative. Contractor hereby designates Keith Dickerson, Owner of Contractor as Contractor’s Representative, who shall be deemed to be Contractor’s agent with express authority to bind Contractor with respect to all matters requiring Contractor’s approval or authorization.
. b City’s Representative. City hereby designates the City Manager or his/her designated representative as City’s Representative for this Contract.

2. Compensation:

The method of payment for this Contract shall be based on lump sum fee amounts for each of the specified Housing Successor parcels, as identified in Contractor’s Fee Schedule (incorporated herein) and as agreed to by the City. The agreed amount charged by the Contractor shall include compensation for all work and labor, including travel, materials, supplies, vendor services, expenses and subcontracted work. No additional compensation will be paid to the Contractor, unless there is a change in the scope of the work or the scope of the project. In the instance of a change in the scope of work or scope of the project, adjustment to the total compensation will be negotiated between the Contractor and the City.

Adjustment in the total compensation payable for each project to be completed will not be effective until authorized by written approval by the City. Adjustment to the compensation that exceeds the total compensation authorized by this Contract may require approval of the legislative body of the City.

Progress payments may be made in arrears for each project completed by the Contractor. If Contractor fails to complete the work according to schedule and as agreed, the City shall have the right to delay payment and/or terminate this Contract in accordance with the provisions noted herein.

Contractor shall be reimbursed within thirty (30) days, or as promptly as fiscal procedures may permit, upon receipt by the City of itemized invoice(s) for all services completed. Invoice(s) shall be submitted no later than 45 calendar days after the performance of work for which the Contractor is billing.

Invoice(s) shall be delivered or mailed to the City Manager at the following address: Housing Successor of the City of Compton, 205 South Willowbrook Avenue, Compton, California 90220.

The Contractor is required to comply with all federal, state and local laws and ordinances applicable to the work.

For the work agreed to be performed pursuant to this Contract, it is understood between the parties that the maximum compensation payable to the Contractor for any and all services rendered during Fiscal Year 2023-24 of this Contract is limited to a total not-to-exceed amount of Fourteen Thousand Four Hundred Dollars ($14,400.00).

In the event of termination, the Contractor shall be entitled to non-disputed compensation for the reasonable value of services performed to the effective date of termination; provided, however, that the City may condition payment of such compensation upon the Contractor’s delivery to the City of any and all City property, documents, reports, records and material associated with the performance of this Contract.

3. Commencement of Services:

The term of this Contract shall be effective as of execution of this Contract by the Parties, and shall expire on June 30, 2024, or when the above-specified total compensation has been exhausted, whichever occurs first, unless this Contract is terminated as provided herein.

The City Manager, at his/her discretion, is authorized to extend the term of this Contract for a period of two (2) years (i.e. FY 2024-2025 and FY 2025-2026), at the agreed compensation of $14,400.00.

4. Safety:

4.1Contractor shall have overall responsibility for safety precautions and programs in the performance of the services.

4.2Contractor shall seek to avoid injury, loss or damage to persons or property by taking reasonable steps to protect:
. aEmployees and all other persons at the locations where services are rendered (“Sites”);
. bMaterials and equipment stored on the Sites or off the Sites at locations for use in performance of the work; and
.cThe assigned project Sites and all property located at the Sites, whether or not said property or structures are part of the project or involved in the work.

4.3Contractor shall designate an individual at the Sites of the assigned project in the employ of Contractor who shall act as Contractor’s designated safety representative with a duty to prevent accidents.

4.4Losses not insured under property insurance which may arise from the performance of the work, to the extent of the negligence attributed to such acts or omissions of Contractor or anyone for whose acts Contractor may be liable, shall be promptly remedied by Contractor at Contractor’s cost and without reimbursement by City as a cost of work, or in any other manner.

4.5If the City deems any part of the work or Site unsafe, the City may require Contractor, without assuming responsibility for Contractor’s safety program, to immediately stop performance of the work or take corrective measures. Neither City’s order nor Contractor’s action in response thereto shall be the basis for adjustment in the Contract price or Contract time.

4.6Contractor shall immediately notify the City of any illegal dumping of hazardous materials and other emergency public safety issues observed at the Sites were services are performed.

5. Indemnity:

Contractor shall indemnify and save harmless the City of Compton, its officials, officers, employees, agents and volunteers against any and all damages to property or injuries to or death of any person or persons, including property and employees or agents of the City and shall defend, indemnify and save the City from any and all liability or expense, including defense costs and legal fees, and claims, demands, suits, actions or proceedings of any kind or nature, including Worker’s Compensation claims, of or by anyone whomsoever in any way resulting from or arising out of the negligent or intentional acts or omissions of the Contractor in the performance of this Contract, including operations of subcontractors and acts or omissions of employers or agents of the Contractor or its subcontractors.

This indemnification and hold harmless obligation do not extend to claims arising out of the sole negligence or willful misconduct of the City.

6. Insurance:

The Contractor shall not commence work under this Contract until it has provided evidence satisfactory to City that it has secured all insurance required under this section. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section.

As a condition precedent to the effectiveness of this Contract for work to be performed hereunder and without limiting the Contractor’s indemnification of City, Contractor shall provide and maintain at its own expense during the term of this Contract the following program(s) of insurance covering its operations hereunder. Failure on the part of the Contractor to procure or maintain insurance shall constitute a material breach upon which the City may immediately terminate this Contract. Contractor agrees to suspend and cease all operations hereunder during such period of time as the required insurance coverage is not in effect and evidence of insurance has not been furnished to the City.

6.1 Minimum Scope of Insurance.Insurance coverage specified herein constitutes the minimum requirements and said requirements shall in no way lessen or limit the liability of the Contractor under the terms of the Contract. Contractor shall procure and maintain, at its own costs and expense, any additional kinds and amounts of insurance that, in its own judgment, may be necessary for its proper protection of the work.

All insurance required hereunder shall be primary with respect to any insurance maintained by the City and shall not call on the City’s program for contributions. Program(s) of insurance shall include:
. a Commercial General Liability.Contractor shall provide and maintain at its own expense during the term of this Contract a policy of Commercial General Liability Insurance, inclusive of personal injury liability and broad form property damage coverage, in an amount not less than One Million Dollars ($1,000,000.00) per occurrence. The coverage shall be written on an occurrence basis. Claims made coverage is not acceptable.

. b Automobile Liability.A program of insurance with a limit of liability of not less than Five Hundred Thousand Dollars ($500,000.00) for each accident. Such insurance shall include coverage for all “owned”, “hired” and “non-owned” vehicles, or coverage for “any auto”. .c Workers' Compensation.Workers' Compensation Insurance, as required by the State of California and Employer's Liability Insurance, with a limit of not less than $1,000,000 per accident for bodily injury and disease. Workers' Compensation and Employer's Liability insurance may not be required if Contractor has no employees and provides, to City’s satisfaction, a declaration stating this.

6.2 Endorsements.Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval. . aThe policy of insurance required by Section 6.1.a (Commercial General Liability) shall be endorsed to provide the following:
(1)Additional Insured: The City of Compton, its officials, officers, employees, agents, and volunteers shall be named as “additional insured” with regard to liability and defense of suits or claims arising out of the performance of the Contract. (2)Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City, except ten (10) days written notice shall be provided for non-payment of premium. . bThe policy of insurance required by Section 6.1.b (Automobile Liability) shall be endorsed to provide the following:
(1)Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City, except ten (10) days written notice shall be provided for non-payment of premium. .cThe policy or policies of insurance required by Section 6.1.c (Workers' Compensation) shall be endorsed to provide the following:
(1)Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the indemnified parties. (2)Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City, except ten (10) days written notice shall be provided for non-payment of premium.

6.3 Waiver of Subrogation.Required insurance coverages shall not prohibit Contractor from waiving the right of subrogation prior to a loss. Contractor shall waive all subrogation rights against the indemnified parties. Policies shall contain or be endorsed to contain such provisions.

6.4 Deductible. Any deductible or self-insured retention must be approved in writing by the City and shall protect the indemnified parties in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention.

6.5 Evidence of Insurance.The Contractor, concurrently with the execution of the Contract, and as a condition precedent to the effectiveness thereof, shall deliver certified copies of the required policies to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.

6.6 Acceptability of Insurers.Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A: VII and authorized to do business in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.

6.7 Insurance for Subcontractors.All subcontractors shall be included as additional insured under the Contractor's policies, or the Contractor shall be responsible for causing subcontractors to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City of Compton as an “additional insured” to the subcontractor's policies.

7. Nondiscriminatory Employment Practices:

During the performance of this Contract, the Contractor agrees not to discriminate against any employee or applicant for employment because of race, sex, creed, color, religion, age, sexual orientation, marital status, national origin, political affiliation, handicap or belief in accordance with requirements of City, State or Federal laws and regulations. The Contractor will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, sex, creed, color, religion, age, sexual orientation, marital status, national origin, political affiliation, handicap or belief.

Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoffs or termination; rates of pay or other forms of compensation and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth provisions of this nondiscrimination clause.

In the event of the Contractor’s noncompliance with the nondiscrimination clauses of this Contract, this Contract may be canceled, terminated or suspended in whole or in part.

8. Successor and Assigns:

City and the Contractor each binds themselves, their partners, successors, assigns and legal representatives to the other party hereto and to partners, successors, assigns and legal representatives of such other party in respect to all covenants, Contracts and obligations contained in the Contract Documents. Neither party to the Contract shall assign the Contract or sublet it in whole or part without the written consent of the other, nor shall the Contractor assign any monies due or to become due to it hereunder, without the previous written consent of the City. Any attempted assignment of this Contract without the written consent of both parties is void.

9. Independent Contractor Status:

Contractor, its officers, employees, subcontractors, agents and volunteers (collectively hereinafter the “Contractor”), is a wholly independent Contractor and not an officer, employee, subcontractor or agent of the City. Neither the City nor any of its officers, employees, agents or volunteers shall have any control over the conduct of the Contractor, except as expressly set forth in this Contract. Contractor expressly warrants that while engaged in carrying out and complying with any terms and conditions of this Contract that Contractor shall not at any time or in any manner, represent that Contractor is in any manner officers, employees, agents or volunteers of the City. Contractor shall obtain no rights to retirement, health care or any other benefit that accrue to City officials, officers, or employees. Contractor expressly waives any claim to such rights. Contractor retains the right to provide services for others during the term of this Contract.

10. Subcontracting:

Except as may be agreed to by the City, Contractor will not subcontract any portion of the services without prior written approval of City Manager or his/her designee. If Contractor subcontracts any of the services, Contractor will be fully responsible to City for the acts, errors and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Contract will create any Contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Contract applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City.

11. Other Contractors:

The City reserves the right to employ other Contractors in connection with the services.

12. Permits and Licenses:

Contractor, at its sole expense, shall obtain and maintain during the term of this Contract, all appropriate business and professional permits, licenses and certificates that may be required in connection with the performance of services by Contractor.

Prior to or at the time of execution of this Contract, the Contractor shall purchase a business license permit in conformance with Section 9-1.2 of the Compton Municipal Code.

13. Termination:

Notwithstanding any other provisions of this Contract, this Contract may be terminated as follows:

13.1If the Contractor becomes insolvent; that is, it has ceased to pay its debts in the ordinary course of business or cannot pay its debts as they become due, whether or not it has committed an act of bankruptcy, and whether or not insolvent within the meaning of the federal Bankruptcy law, then, the City may, without prejudice to any other right or remedy and after giving the Contractor five (5) days written notice, terminate this Contract.

13.2If the Contractor persistently or repeatedly refuses or fails, except in cases for which extensions of time are provided, to supply enough properly skilled workers, property or material, or if he fails to make prompt payment to subcontractors or for materials or labor, or he persistently disregards laws, ordinances, rules, regulations or orders of any public authority having jurisdiction, then, the City may, without prejudice to any other right or remedy and after giving the Contractor five (5) days written notice, terminate this Contract.

13.3If the Contractor fails to perform or breaches any material obligation under this Contract, then, the City may, without prejudice to any other right or remedy and after giving the Contractor five (5) days written notice, terminate this Contract.

If the City gives notice of termination, Contractor shall cease immediately all work in progress unless otherwise directed in writing by the City. Upon termination, Contractor shall furnish to the City a final invoice for work performed.

14. Force Majeure:

In the event that performance by either party is rendered impossible (permanently or temporarily) due to acts of war, acts of terrorism, fires, floods, epidemics, quarantine restrictions, or other natural occurrences, strikes, work slowdowns, lockouts (other than lockout by Contractor or any of Contractor’s subcontractors), or other similar acts to those described above or other causes beyond the reasonable control of such party, and without fault or negligence, said event shall excuse performance by such party, or in the case of temporary impossibility, shall excuse performance only for a period commensurate with the period of impossibility. Notwithstanding the foregoing, City shall have the right to terminate this Contract upon any event that renders performance impossible. In such case, City shall be responsible for payment of all expenses incurred to the point at which this Contract is terminated.

15. Waivers:

A waiver by either party to this Contract of any breach of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character.

16. Amendments:

This Contract may be modified or amended only by written document executed by both Contractor and City’s City Manger and approved as to form by the City Attorney to the City. Such document shall expressly state that it is intended by the parties to amend the terms and conditions of this Contract.

17. Notice:

All notices, demands or requests to be given under this Contract shall be given in writing and conclusively shall be deemed received when: (a) delivered personally, or (b) on the fifth day after the deposit thereof in the United States mail, postage prepaid and addressed as hereinafter provided, or (c) one business day after sent by facsimile transmission.

To Contractor: New West Landscaping
1019 West 133rd Street
Gardena, California 90247
Attn: Keith Dickerson, Owner
(310) 617-9667
(310) 769-6614 – fax.

To City: City of Compton
205 South Willowbrook Avenue
Compton, California 90220
Attn: City Manager
(310) 605-5585
(310) 761-1429 – fax.

18. Contractor’s Books and Records:

Contractor shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to work, services, expenditures and disbursements charges to the City for the period and to the extent required by laws relating to audits of public agencies and their expenditures.

Contractor shall maintain all documents and records which demonstrate performance under this Contract for the period and to the extent required by laws relating to audits of public agencies and their expenditures.

Any records or documents required to be maintained pursuant to this Contract shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City or a designated representative. Copies of such documents shall be provided to the City, at its expenses, for inspection when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Contractor’s address indicated for receipt of notices in this Contract.

19. Examination and Audit:

This Contract shall be subject to examination and audit of the City, State Auditor of the State of California and/or any duly authorized representative of the federal government, at the request of the City, or as part of any audit of the City, for a period of three (3) years, or longer if required by law, after final payment under this Contract.

20. Covenants Against Contingent Fees:

Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Contract, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Contract. For breach or violation of this warranty, City will have the right to terminate this Contract for nonperformance, or, in its discretion, to deduct from the Contract price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee.

21. Extent of Contract:

This Contract and any attachments hereto, constitute the entire understanding and Contract of the parties. This Contract integrates all of the terms and conditions mentioned herein or incidental hereto and supersedes all negotiations or previous Contracts between the parties with respect to all and any part of the subject matter hereof. Neither party has been induced to make or enter into this Contract by reason of promise, Contract, representation, statement or warranty other than as herein contained. Nothing in this Contract shall create any Contractual relations between any subcontractor and the City.

22. Governing Law, Jurisdiction and Venue:

This Contract shall be governed by and construed under the laws of the State of California. In the event of litigation between the parties, venue shall lie exclusively in a court of competent jurisdiction in the County of Los Angeles, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county.

Should any part of this Contract be declared by a final decision by a court or tribunal of competent jurisdiction to be unconstitutional, invalid, or beyond the authority of either party to enter into or carry out, such decision shall not affect the validity of the remainder of this Contract, which shall continue in full force and effect, provided that the remainder of this Contract, absent the unexcised portion, can be reasonably interpreted to give effect to the intentions of the parties.

23. Waiver of Jury Trial:

Contractor voluntarily waives its right to a jury trial of any cause of action, claim, counter-claim or cross-complaint in any action, proceeding or hearing on any matter whatsoever arising out of, or in any way connected with, this Contract, the relationship between City and Contractor, Contractor’s performance on each project, or the enforcement of any remedy under any law, statute or regulation now or hereafter in effect. Contractor shall include this provision for waiver of jury trial right in its Contracts with its subcontractors who provide work on any assigned projects, waiving the right of a jury trial in any action involving City as a party, whether by joinder, consolidation, counter-claim, cross-complaint or otherwise.

24. Federal and State Withholding Taxes:

Contractor shall be responsible for paying when due all federal and state income withholding taxes for all earning under this Contract. Contractor agrees to indemnify City for any claims, costs, losses, fees, penalties, interest, or damages suffered by City resulting from Contractor’s failure to comply with this provision. Contractor shall be responsible for paying all federal and state income withholding taxes for all earning under this Contract.

25. Miscellaneous:

No provision of this Contract is to be interpreted for or against either party because that party or that party’s legal representative drafted such provision.

Should either party hereto, or any representative, successor or assign of either party hereto, resort to litigation to enforce the provisions of this Contract, the party or parties prevailing in such litigation shall be entitled, in addition to such other relief as may be granted, to recover its or their reasonable attorney’s fees and costs in such litigation from the party or parties against whom enforcement is sought.

IN WITNESS WHEREOF, CONTRACTOR has executed this Contract and the CITY by its City Manager, who is authorized to do so, has executed this Contract.

NEW WEST LANDSCAPING

CONTRACTOR
By ____________________________________ Dated: ______________________ Keith Dickerson, Owner

THE CITY OF COMPTON
Approved By:

By ____________________________________ Dated: ______________________ Jerry Groomes, City Manager
Approved as to form:

By ____________________________________ Dated: _______________________ Eric Perrodin City Attorney
ATTEST:

By _____________________________________ Dated: _______________________ Vernell McDaniel, City Clerk
September 5, 2023
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: RONERICK SIMPSON, FIRE CHIEF

COMPTON FIRE DEPARTMENT
RE: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AUTHORIZING THE CITY MANAGER TO ENTER INTO A THREE (3)

YEAR PROFESSIONAL SERVICES AGREEMENT AND ESTABLISH A
PURCHASE ORDER FOR KELSEY WILHELM, M.D. FOR SERVICES

AS MEDICAL DIRECTOR OF EMERGENCY MEDICAL SERVICES FOR
THE CITY OF COMPTON FIRE DEPARTMENT ($120,000.00)

SUMMARY
Adoption of this resolution will authorize the City Manager to enter into a three (3) year (July 1, 2023 through June 30, 2026) professional services agreement with Kelsey Wilhelm, M.D., to provide consultation services as Medical Director of Emergency Medical Services for the City of Compton Fire Department (“Department”) and establish a purchase order in the amount not to exceed Forty Thousand Dollars ($40,000.00) for services rendered during the Fiscal Year 2023-2024.

BACKGROUND
The Department’s paramedics administer narcotics during the course of their duties, thus, the City is required to have a medical doctor under contract to oversee the drug log, the purchasing of required medication carried on the paramedic units, inventory, proper usage and distribution, and compliance with regulations of the Los Angeles County Department of Health Services.

STATEMENT OF ISSUE
The Department received one (1) proposal in response to the RFP that closed on 6/14/2023, to provide needed professional consultation services as the Department’s Medical Director of Emergency Medical Services for the City of Compton Fire Department.

Dr. Kelsey Wilhelm is a qualified medical professional and she has demonstrated competence and professionalism. After evaluation of the proposal submitted, staff determined that the proposal and fee submitted by Dr. Wilhelm was deemed the most responsive medical professional to provide the needed oversight and consultation services to the Department which is required by the Los Angeles County Department of Health.

10.10.10. Staff Report – Resolution Authorizing Professional Services Agreement as Medical Services Director/Dr. Kelsey Wilhelm September 5, 2023

Page 2 ends

In accessing the urgency of the Department’s need for having a medical doctor’s services available now, it is in the best interest of the Department to utilized the services of Dr. Wilhelm.

Staff is recommending that the City enter into a three (3) year (i.e. July 1, 2023 through June 30, 2026) professional services agreement with Kelsey Wilhelm, M.D. P.C.. Cost for the agreement is as follows:

First Year (FY 2019 – 2020) = $40,000.00
Second Year (FY 2020 – 2021) = $40,000.00
Third Year (FY 2021 – 2022) = $40,000.00
City Council approval is needed because the expenditure exceed $25,000.00 Dollars.

FISCAL IMPACT
The estimated funds in the amount of Forty Thousand Dollars and Zero Cents ($40,000.00) for services to be rendered for Fiscal Year 2023-2024 (i.e. July 1, 2023 through June 30, 2024) are available in Account No. 1001-690-000-4269. Funding for the remaining years of the agreement shall be appropriated in future City budgets. .

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

RONERICK SIMPSON, FIRE CHIEF

COMPTON FIRE DEPARTMENT
APPROVED FOR FORWARDING:

JERRY GROOMES

CITY MANAGER
RESOLUTION NO. ____________

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

PROFESSIONAL SERVICES AGREEMENT AND ESTABLISH A PURCHASE ORDER FOR KELSEY WILHELM, M.D. FOR SERVICES AS MEDICAL

DIRECTOR OF EMERGENCY MEDICAL SERVICES FOR THE CITY OF COMPTON FIRE DEPARTMENT ($120,000.00)
WHEREAS, the Compton Fire Department’s paramedics administer narcotics during the course of their duties, thus, the City is required to have a medical doctor under contract to oversee the drug log, including the purchasing of required medication carried on the paramedic units, inventory, proper usage and distribution, and compliance with regulations of the Los Angeles County Department of Health Services; and
WHEREAS, the Department does not have the qualified and experienced staff to perform these functions, thus the department must hire a qualified and experienced Medical Director for services; and

WHEREAS, the Fire Department solicited an RFP on June 5, 2023 for providing the needed consultation services as the Department’s Medical Director of Emergency Medical Services. Only one proposal was received; and WHEREAS, Dr. Kelsey Wilhelm has been selected because she was the most responsive medical practitioner for providing the needed professional consultation services as the Department’s Medical Director of Emergency Medical Services. After evaluation of the proposal submitted, staff determined that the proposal and fee (i.e. $40,000.00 for Fiscal Year 2023-2024, $40,000.00 for Fiscal Year 2024-2025 and $40,000.00 for Fiscal Year 2025-2026) submitted by Dr. Wilhelm was deemed the most responsive medical professional to provide the needed oversight and consultation services to the Department; and
WHEREAS, in accessing the urgency of the Department’s need for having a medical doctor’s services available now, it is in the best interest of the Department and the City to retain the services of Dr. Kelsey Wilhelm M.D. due to the fact that without a Medical Director the Department will be required to cease operation of the paramedic program; and
WHEREAS, adequate funds for this expenditure are allocated in Fire Departments 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, upon approval of the City Attorney, is hereby authorized to enter into a three (3) year (i.e. July 1, 2023 through June 30, 2026) professional services agreement with Kelsey Wilhelm, M.D. for providing consultation services as the Medical Director of the Fire Department’s Emergency Medical Services at a cost of $40,000 for Fiscal Year 2023-2024; $40,000 for Fiscal Year 2024-2025; and $40,000 for Fiscal year 2025-2026..

SECTION 2.That a purchase order in the amount of Forty Thousand Dollars and Zero Cents ($40,000.00) is authorized to be established for Kelsey Wilhelm, M.D. for services to be rendered during Fiscal Year 2023-2024 (i.e. July 1, 2023 through June 30, 2024).

SECTION 3.That funds in the amount of $40,000.00 are available in the Fire Department’s 2023-2024 Fiscal Year budget using Account No. 1001-690-000-4269.

SECTION 4.That copies of this Resolution shall be filed in the offices of the City Clerk, City Manager, City Controller, City Attorney and the Fire Department.

Resolution No. ________

Page 2 ends

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 to by the City Clerk, at a regular meeting thereof held on the _____ day of _________________, 2023.

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

AYES: COUNCIL MEMBERS-
NOES: COUNCIL MEMBERS-
ABSTAIN: COUNCIL MEMBERS-
ABSENT: COUNCIL MEMBERS-
_____________________________________

CITY CLERK OF THE CITY OF COMPTON

PROFESSIONAL SERVICES AGREEMENT

BETWEEN

CITY OF COMPTON
AND
KELSEY WILHELM, M.D.

This AGREEMENT is entered 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 Kelsey Wilhelm, M.D. (hereinafter referred to as “CONSULTANT” or “MEDICAL DIRECTOR”), located at

RECITALS:

WHEREAS, the Compton Fire Department’s paramedics administer narcotics during the course of their duties, thus, the City has identified the need for employing a medical doctor under contract to oversee the drug log, including the purchasing of required medication carried on the paramedic units, inventory, proper usage and distribution, and compliance with regulations of the Los Angeles County Department of Health Services and the State of California; and
WHEREAS, Consultant (Kelsey Wilhelm, M.D.) represents that she is a licensed medical practitioner, in good standing, specifically trained, experienced, competent, and has the resources to provide such services which will be required by this Agreement; and WHEREAS, by Resolution No.______ adopted on the ______________, the City Council authorized the City Manager to enter into a three (3) year (July 1, 2023 through June 30, 2026) professional services agreement with Kelsey Wilhelm M.D. to provide the necessary services; and
WHEREAS, Consultant is willing to render such professional services subject to the terms and conditions set forth in this Agreement.

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

AGREEMENT:

1. Services to be rendered by consultant.It is the mutual understanding of the parties that the Consultant shall perform and be responsible for providing professional consultation services as Medical Director for the City of Compton Fire Department (“Department”), as more particularly detailed in the “Scope of Services,” which is attached hereto, identified as Attachment A, and incorporated herein.

Consultant acknowledges that in entering into this Agreement the City is relying on Consultant's special skills and experience to do and perform the services in accordance with best standards of professional practice. While performing the services, Consultant agrees to perform all the said work and furnish all the necessary materials at his own cost and expense (except as otherwise expressly agreed to be furnished by the City), necessary to complete said services in a manner consistent with that degree of care and skill ordinarily exercised by Professional Services Agreement – Kelsey Wilhelm M.D.
(Consultant Medical Director)
Resolution No. ___________
2 members of the same profession currently practicing under similar circumstances and to the reasonable satisfaction of the City.

Consultant services hereunder shall be performed in good, workmanlike and professional manner. Consultant shall be responsible for correcting and completing all errors and omissions related to the services provided by the Consultant for this Agreement at no additional cost to the City. “Errors” and “Omissions” for purposes of this paragraph are defined to mean a failure by the Consultant to meet the standards of his profession as set forth in the preceding paragraph. The acceptance of the services by City does not release Consultant from these obligations.

Consultant will be responsible for employing or engaging all persons Consultant determines that are necessary, if any, to perform the services required by this Agreement. All of Consultant's staff will be qualified by training and experience to perform their assigned tasks.

Consultant will give his personal attention to the fulfillment of the provisions of this Agreement by all of his employees and subconsultants, if any, and will keep the services under his control.

On demand of City, if any employee or subconsultant of consultant fails or refuses to carry out the provisions of this Agreement or appears to be incompetent or to act in a disorderly or improper manner, he or she will be discharged immediately from the services rendered pursuant to this Agreement.

Kelsey Wilhelm M.D., shall be primarily responsible for performing the services required by this Agreement.

2. Duration of Contract. The parties agree that this Agreement shall commence effective July 1, 2023 and be effective through June 30, 2026, unless terminated earlier.

3. Compensation.The method of payment for the services rendered will be based on a fee-for-services basis, billable at a rate of One Hundred Fifty Dollars ($150.00) per hour. It is understood and agreed between the parties that the maximum compensation payable for the services to be provided by the Consultant shall be limited not-to-exceed the amount of One Hundred Twenty Thousand Dollars ($120,000.00) during the period of July 1, 2023 through June 31, 2026.

The total sum paid the Consultant will include compensation for all work, including travel, materials, supplies, vendor services, expenses and subcontracted work. No additional compensation will be paid to the Consultant, unless there is a change in the scope of the services. In the instance of a change in the scope of services, adjustment to the compensation may be negotiated between the Consultant and the City. Adjustment in the compensation will not be effective until authorized and approved by contract amendment.

Progress payments may be made in arrears based on the percentage of work and deliverables completed by the Consultant. If Consultant fails to submit the required deliverable items according to schedule or as required by the Agreement, except for those amounts that are due and not reasonably in dispute, the City shall have the right to delay payment and/or terminate this Agreement in accordance with the provisions noted herein.

Consultant shall be reimbursed within thirty (30) days, or as promptly as fiscal procedures may permit, for the undisputed reasonable value of services performed, upon receipt by the City of itemized invoices for services completed. Invoices shall be submitted no later than 45 calendar days after the performance of work for which the Consultant is billing.

Professional Services Agreement – Kelsey Wilhelm M.D.
(Consultant Medical Director)
Resolution No. ___________
3 Invoices shall detail the work performed on each task as applicable. Invoices shall be delivered via email or mailed to the Fire Chief of the Compton Fire Department at the following address: City of Compton, 205 South Willowbrook Avenue, Compton, California 90220.

Unless there is a dispute as to the validity of the services and/or charges submitted, if the City fails to compensate Consultant for the invoiced amount within at least thirty-seven (37) days after receipt of the itemized invoice, then the Consultant may upon five (5) days written notice to the City, cease performing the services for the City until the amount outstanding and due has been received by the Consultant.

In the event of termination, the Consultant shall be entitled to compensation for the undisputed reasonable value of services performed to the effective date of termination, including any noncancellable obligations incurred prior to termination; provided, however, that the City may condition payment of such compensation upon the Consultant’s delivery to the City of any and all City property, documents, reports, records, materials and work product associated with the performance of this Agreement.

4. Ownership of Materials.All product produced by Consultant or his agents, employees, and subconsultants pursuant to this Agreement (the “Work Product”) is the property of City. In the event this Agreement is terminated, all Work Product produced by Consultant or his agents, employees and subconsultants pursuant to this Agreement will be delivered to City pursuant to the termination clause of this Agreement.

The Work Product may be used by City and its agents, employees, representatives, and assigns, in whole or in part, or in modified form, for all purposes City may deem advisable, without further employment of or payment of any compensation to Consultant; provided, however, that if this Agreement is terminated for any reason prior to completion of the Project and if under such circumstances City uses, or engages the services of and directs another consultant to use the Work Product, City agrees to hold Consultant harmless from any and all liability, costs, and expenses relative to claims arising out of matters and/or events which occur subsequent to the termination of this Agreement as a result of causes other than the fault or negligence of Consultant, or anyone for whose acts it is responsible, in preparation of the Work Product. Consultant will not be responsible for deficiencies solely attributable to modifications of the Work Product performed by others, or that arise from use of the Documents in connection with a project or site other than that shown in the Work Product.

5. Independent Consultant Status.Consultant, her employees, subconsultants, subconsultants, agents and volunteers (collectively hereinafter the “Consultant”), will perform the services in Consultant's own way and pursuant to this Agreement as an independent Consultant and in pursuit of Consultant's independent calling, and not as an employee of City.

The persons used by Consultant to provide the services under this Agreement will not be considered employees of City for any purposes. Neither the City nor any of its officers, employees, agents or volunteers shall have any control over the conduct of the Consultant, except as expressly set forth in this Agreement. Consultant expressly warrants that while engaged in carrying out and complying with any terms and conditions of this Agreement that Consultant shall not at any time or in any manner, represent that Consultant is in any manner officers, employees, agents or volunteers of the City. Consultant shall obtain no rights to retirement, health care or any other benefit that accrue to City officials, officers, or employees.

Consultant expressly waives any claim to such rights.

Professional Services Agreement – Kelsey Wilhelm M.D.
(Consultant Medical Director)
Resolution No. ___________
4 The payment(s) made to Consultant pursuant to the Agreement will be the full and complete compensation to which Consultant is entitled. City will not make any federal or state tax withholdings on behalf of Consultant or his agents, employees or subconsultants. City will not pay any workers' compensation insurance, retirement contributions or unemployment contributions on behalf of Consultant or his employees or subconsultants. Consultant agrees to indemnify and pay City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Consultant or any agent, employee, or Consultant of Consultant for work done under this Agreement. At the City’s election, City may deduct the amounts paid pursuant to this section, from any balance owing to Consultant.

Professional uniform and appropriate personal protective equipment (PPE) for field work will be provided and any quality improvement or communication software applications will also be supplied by the City.

6. Successors, Assignment and Delegation.City and the Consultant each binds themselves, their partners, successors, assigns and legal representatives to the other hereto and to partners, successors, assigns and legal representatives of such other party in respect to all covenants, agreements and obligations contained in this Agreement.

The expertise and experience of Consultant are material considerations for this Agreement. Consultant shall not assign or transfer any interest in this Agreement or the performance of any of Consultant’s obligations under this Agreement without the prior written consent of the City. Any attempted assignment or transfer of any of Consultant’s rights, duties or obligations arising under this Agreement shall be null and void.

7. Nondiscriminatory Employment Practices.During the performance of this Agreement, the Consultant agrees not to discriminate against any employee or applicant for employment because of race, sex, creed, color, religion, age, sexual orientation, marital status, national origin, political affiliation, handicap or belief in accordance with requirements of City, State or Federal laws and regulations. Consultant will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, sex, creed, color, religion, age, sexual orientation, marital status, national origin, political affiliation, handicap or belief in accordance with requirements of City, State or Federal laws and regulations. Such actions shall include, but not be limited to the following:
employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoffs or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees, applicants and subconsultants for employment, notices setting forth the provisions of this non- discrimination clause.

In the event of the Consultant’s non-compliance with the non-discrimination clause of this Agreement, this Agreement may be immediately canceled, terminated or suspended in whole or in part.

8. Subcontracting.Consultant's services are unique and personal. Except as may be agreed to by the City, Consultant will not subcontract any portion of the services without prior written approval of Fire Chief. If Consultant subcontracts any of the services, Consultant will be fully responsible to City for the acts, errors and omissions of Consultant's subconsultant and of the persons either directly or indirectly employed by the subconsultant, as Consultant is for the acts and omissions of persons directly employed by Consultant. Nothing contained in this Professional Services Agreement – Kelsey Wilhelm M.D.
(Consultant Medical Director)
Resolution No. ___________
5 Agreement will create any contractual relationship between any subconsultant of Consultant and City. Consultant will be responsible for payment of subconsultants. Consultant will bind every subconsultant and every subconsultant of a subconsultant by the terms of this Agreement applicable to Consultant's work unless specifically noted to the contrary in the subcontract and approved in writing by City.

9. Other Consultants.The City reserves the right to employ other consultants in connection with the services.

10. Indemnification.Consultant shall indemnify and save harmless the City, its officials, officers, employees, agents and volunteers (collectively hereinafter the “City”), against any and all damages to property or injuries to or death of any person or persons, including property and employees or agents of the City and shall indemnify and save the City from any and all liability and expense including reimbursement of reasonable defense costs and legal fees, and claims, demands, suits, actions or proceedings of any kind or nature, including Workers’ Compensation claims, of or by anyone whomsoever to the extent resulting from or arising out of the negligent, reckless or willful misconduct for the Consultant, his officers, employees, subconsultants or agents in the performance of the duties undertaken by Consultant pursuant to this Agreement.

This indemnification and hold harmless obligation does not extend to claims arising out of the negligence or willful misconduct of the City.

11. Insurance.Without limiting the Consultant’s indemnification of the City, Consultant shall obtain and maintain, at its cost and expense, for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Consultant or Consultant’s agents, representatives, employees or subconsultants. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. Such evidence shall specifically identify this Agreement and shall contain express conditions that the City is to be given written notice at least thirty (30) days in advance of any termination or implementation of a reduction of limits or material change of insurance coverage as specified herein. Failure on the part of the Consultant to procure or maintain insurance shall constitute a material breach upon which the City may immediately terminate this Agreement. All insurance required hereunder shall be primary with respect to any insurance maintained by the City.

Coverages and Limits. Consultant will maintain the types of coverages and minimum limits indicated below, unless the Risk Manager or City Manager, in consultation with the City Attorney approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Consultant's indemnification obligations under this Agreement. City, its officers, agents, volunteers and employees make no representation that the limits of the insurance specified to be carried by Consultant pursuant to this Agreement are adequate to protect Consultant. The coverage will contain no special limitations on the scope of its protection to the below-designated insureds except for Workers Compensation and errors and omissions insurance. Consultant will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. If Consultant believes that any required insurance coverage is inadequate, Consultant will obtain such additional insurance coverage, as Consultant deems adequate, at Consultant's sole expense.

Professional Services Agreement – Kelsey Wilhelm M.D.
(Consultant Medical Director)
Resolution No. ___________
6 11.1 Commercial General Liability Insurance. $1,000,000 combined single- limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits will apply separately to the work under this Agreement or the general aggregate will be twice the required per occurrence limit.

11.2 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code and Employer's Liability limits of $1,000,000 per accident for bodily injury. Workers' Compensation and Employer's Liability insurance will not be required if Consultant has no employees and provides, to City's satisfaction, a declaration stating this.

11.3 Professional Liability. Errors and omissions liability appropriate to Consultant’s profession with limits of not less than $1,000,000 per claim. The coverage shall also provide an extended two (2) year reporting period commencing upon termination or cancellation of this Agreement.

Endorsements. For Commercial General Liability Insurance, Consultant will ensure that the policies are endorsed to name the City of Compton and its respective elected and appointed officers, officials, employees, agents and volunteers as “additional insureds” with respect to liability arising out of the activities of the Consultant. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City. Prior to City's execution of this Agreement, Consultant will furnish certificates of insurance and endorsements to City.

12. Permits and Licenses.Consultant, at its own expense, during the term of this Agreement, shall obtain and maintain all appropriate business and professional permits, licenses and certificates that may be required in connection with the performance of services by the Consultant. Upon execution of this Agreement, the Consultant shall show evidence of a business license permit in conformance with Section 9-1.2 of the Compton Municipal Code.

13. Maintenance of Records. Consultant will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable.

Consultant will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Consultant will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years, or longer if required by law, from the date of final payment under this Agreement.

14. Warranties.Consultant represents and warrants (i) that Consultant has no obligations, legal or otherwise, inconsistent with the terms of this Agreement or with Consultant’s undertaking this relationship with City, (ii) that the performance of the services called for by this Agreement do not and will not violate any applicable law, rule or regulation or any proprietary or other right of any third party, (iii) that Consultant will not use in the performance of his responsibilities under this Agreement any confidential information or trade secrets of any other person or entity and (iv) that Consultant has not knowingly entered into or will enter into any agreement (whether oral or written) in conflict with this Agreement.

15. General Compliance with Laws. Consultant will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner or in any way affect the performance of the services by Consultant. Consultant will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of the Professional Services Agreement – Kelsey Wilhelm M.D.
(Consultant Medical Director)
Resolution No. ___________
7 services with all applicable laws, ordinances and regulations, including, but not limited to strict compliance with the California Confidentiality of Medical Information Act and the Health Insurance Portability and Privacy Act and any regulations promulgated thereunder.

16. Termination.In the event of the Consultant's failure to prosecute, deliver, or perform the services, after giving written notice of default and two (2) days to correct the same, then, in addition to any other remedies, City may terminate this Agreement for nonperformance by notifying Consultant in writing. Consultant has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Consultant has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. In the event City elects to terminate, City will have the right to immediate possession of all Work Product and work in progress prepared by Consultant, whether located at the project site, at Consultant's place of business, or at the offices of a subconsultant.

The City’s obligation is payable only from funds appropriated for the purpose of this Agreement. All funds for payments after the end of the current fiscal year are subject to the City’s legislative appropriation for this purpose. In the event this Agreement extends into succeeding fiscal year periods and the City Council does not allocate sufficient funds for the next succeeding fiscal year payments, this Agreement shall terminate immediately upon written notice from the City.

Either Party, upon tendering fifteen (15) calendar days written notice to the other Party, may terminate this Agreement for convenience. In this event and upon request of City, Consultant will assemble the work product without charge and put it in order for proper filing and closing and deliver it to City. Consultant will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made.

17. Force Majeure.In the event that performance by either party is rendered impossible (permanently or temporarily) due to acts of war, acts of terrorism, fires, floods, epidemics, quarantine restrictions, or other natural occurrences, strikes, work slowdowns, lockouts (other than lockout by Consultant), or other similar acts to those described above or other causes beyond the reasonable control of such party, and without fault or negligence, said event shall excuse performance by such party, or in the case of temporary impossibility, shall excuse performance only for a period commensurate with the period of impossibility.

Notwithstanding the foregoing, City shall have the right to terminate this Agreement upon any event that renders performance impossible. In such case, City shall be responsible for payment of compensation for the reasonable value of services rendered to the point at which this Agreement is terminated, but in no event to exceed the total lump sum fee payable under this Agreement.

18. Covenants Against Contingent Fees. Consultant warrants that Consultant has not employed or retained any company or person, other than a bona fide employee working for Consultant, to solicit or secure this Agreement, and that Consultant has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to terminate this Agreement for nonperformance, or, in its discretion, to deduct from the Professional Services Agreement – Kelsey Wilhelm M.D.
(Consultant Medical Director)
Resolution No. ___________
8 Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee.

19. Jurisdiction, Venue and Governing Law. Any action at law or in equity brought by either of the Parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of Los Angeles, State of California, and the Parties waive all provisions of law providing for a change of venue in these proceedings to any other county. This agreement will be governed by the laws of the State of California.

20. Testimony.Consultant will testify at City's request if litigation is brought against City in connection with Consultant's services under this Agreement. Unless the action is brought by Consultant, or is based upon Consultant's actual or alleged negligence or other wrongdoing, City, upon prior written agreement with Consultant will compensate Consultant for time spent in preparation for testimony, testimony, and travel at Consultant's standard hourly rates at the time of actual testimony.

21. Waivers.The waiver by either Party of any breach or violation of any term, covenant, or condition of this Agreement or of any applicable law will not be deemed to be a waiver of such term, covenant, condition or law or of any subsequent breach or violation of same or of any other term, covenant, condition or law. The acceptance by either Party of any fee or other payment which may become due under this Agreement will not be deemed to be a waiver of any preceding breach or violation by the other Party of any term, covenant, or condition of this Agreement or any applicable law.

22. Severability.If any term, provision, condition or covenant of this Agreement or its application to any party or circumstances shall be held, to any extent, invalid or unenforceable, the remainder of this Agreement, or the application of the term, provision, condition or covenant to persons or circumstances other than those as to whom or which it is held invalid or unenforceable, shall not be affected, and shall be valid and enforceable to the fullest extent permitted by law.

23. Amendments.This Agreement may be modified or amended only be written document executed by both Consultant and City’s City Manager and approved as to form by the City Attorney. Such document shall expressly state that it is intended by the parties to amend the terms and conditions of this Agreement.

24. Confidentiality. All documents, reports, information, data, and exhibits prepared or assembled by Consultant in connection with the performance of the services pursuant to the Agreement are confidential until released by the City to the public, and the Consultant will not make any of these documents or information available to any individual or organization not employed by the Consultant or the City without the written consent of the City before any such release.

25. Entire Agreement. This Agreement, together with any other written document referred to or contemplated by it embody the entire Agreement and understanding between the parties relating to the subject matter of it. The City Manager is authorized, in consultation with the City Attorney, to agree to non-material amendments to this Agreement. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties.

Professional Services Agreement – Kelsey Wilhelm M.D.
(Consultant Medical Director)
Resolution No. ___________
9 26. Notices.Any notices required or permitted under this Agreement shall be effective when delivered in person; and effective one (1) business day after delivery by facsimile transmission; and effective five (5) days after mailing by U.S. Mail, postage prepaid and properly addressed as follows:

To Consultant: Kelsey Wilhelm M.D
1124 E Pacific Coast Hwy #1063
Long Beach, CA 90806-5102
402-690-5344
[email protected]
To City: City of Compton
205 South Willowbrook Avenue
Compton, California 90220
Attn: Fire Chief, Compton Fire Department
(310) 605-5670
(310) 632-8414 – fax.

Copy to: City of Compton
205 South Willowbrook Avenue
Compton, California 90220
Attn: City Manager
In the event of any change of address, the moving party is obligated to notify the other party of the change of address in writing. Each party may amend, supplement and update the notice list to add, delete or replace any listed individuals; however, the amendment must be in writing.

27. Miscellaneous.No provision of this Agreement is to be interpreted for or against either party because that party or that party’s legal representative drafted such provision.

Should either party hereto, or any representative, successor or assign of either party hereto, resort to litigation to enforce the provisions of this Agreement, the party or parties prevailing in such litigation shall be entitled, in addition to such other relief as may be granted, to recover its or their reasonable attorney’s fees and costs in such litigation from the party or parties against whom enforcement is sought.

IN WITNESS WHEREOF, CONSULTANT has executed this Agreement, and the CITY, by its City Manager, who is authorized to do so, has executed this Agreement.

Kelsey Wilhelm M.D

CONSULTANT/COORDINATOR
Dated: _ By ___________________________________ Kelsey Wilhelm M.D.

Professional Services Agreement – Kelsey Wilhelm M.D.
(Consultant Medical Director)
Resolution No. ___________
10 CITY OF COMPTON
Recommended for Approval:

By __________________________________ Dated: ______________ Ronerick Simpson, Fire Chief
Approved by:

Dated: _______________ By _________________________________ Jerry Groomes, City Manager
Approved as to form:

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

Dated: _______________ By __________________________________ Vernell McDaniel, City Clerk
Professional Services Agreement – Kelsey Wilhelm M.D.
(Consultant Medical Director)
Resolution No. ___________
11 “ATTACHMENT A”
Professional Services Agreement – Kelsey Wilhelm M.D. (Consultant) Medical Director of Compton Fire
Compton Fire Department Emergency Medical Services
Scope of Services Provided by Consultant:

1.Consultant’s services shall be provided subject to the approval of the Fire Chief of the Compton Fire Department (“Department”).

2.Consultant is required to develop and maintain a positive and effective working relationship with the Compton Fire Department Emergency Medical Services (“EMS”) Coordinator, Nurse Educator and Training Chief and shall monitor the medical training programs, including the content and program delivery and analyze and report upon its effectiveness in the community.

3.Consultant shall supervise and evaluate the implementation of an EMS Quality Improvement and Assurance Program for the Fire Department’s EMT-P. EMT-B and EMT-D personnel and any specific pilot programs identified and designated by Los Angeles County Department of Health.

4.Consultant shall provide consultant liaison services between the Compton Fire Department and the emergency medical community, including, but limited to local hospitals, the Los Angeles County Department of Health and other EMS agencies and colleagues.

5.Consultant shall provide oversight services in the procurement of pharmacological agents and controlled substances/devices.

6. Consultant shall provide advisory services to the Fire Chief and/or his designee on matters of medical services, as required. Such services may include, but not be limited to advice on physical fitness programs for firefighters, reviewing injuries and accidents, safety orders and procedures.

7. Consultant shall provide such reports and records to the Fire Chief as will permit an effective and comparable evaluation of the programs and services describe herein.

September 5, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: CITY MANAGER
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

COMPTON RATIFYING A SIDE LETTER AGREEMENT

BETWEEN THE CITY OF COMPTON AND THE AMERICAN

FEDERATION OF STATE, COUNTY AND MUNICIPAL
EMPLOYEES/AFSCME LOCAL 3947 TO AMEND ARTICLE 19 OF

THE MEMORANDUM OF AGREEMENT

SUMMARY
Adoption of this resolution will ratify the Side Letter Agreement entered into between the City of Compton (“City”) and the American Federation of State, County and Municipal Employee Union, designated as Local 3947 (“AFSCME Local 3947”).

Ratification of the Side Letter Agreement will approve an amendment to Article 19 (Wages/Base Pay, Classification Title) of the Memorandum of Agreement (MOA) between the City and AFSCME Local 3947 and provides a Salary Increase/Extra Duty Pay for the Legal Technician in the City Attorney’s Office.

BACKGROUND
Article 19 of the MOA entered into between the City and AFSCME Local 3947 identifies the Classification Titles and the Salary Ranges for Non-Supervisory positions. The duties and responsibilities of this classification represented by AFSCME Local 3947 were impacted by the staffing vacancies and employee attrition in the City Attorney’s Office of the Legal Technician classification.

An adjustment in compensation is required for the performance of significant additional duties. The salary increase will remain in effect until a desk audit is completed of the duties performed by Ms. De Dios in the Legal Technician classification.

STATEMENT OF ISSUE
In an effort to minimize the impacts on staff and to improve the expediency and efficiency of service to the public, the City and AFSCME Local 3947 reached an agreement on August 2, 2023 as follows:

11.11.11. Staff Report – Resolution Ratifying Side Letter Agreement with AFSCME Local 3947

Page 2 ends

1. Salary Increase/Extra Duty Pay
The Side Letter Agreement provides a Salary Increase/Extra Duty Pay for the additional workload for the Legal Technician in the Office of the City Attorney:

Effective November 16, 2015
Legal Technician20% Salary Increase/Extra Duty Pay
The duration of this Salary Increase/Extra Duty Pay will remain in effect until a desk audit is completed of the duties performed by Ms. De Dios in the Legal Technician classification.

FISCAL IMPACT
The estimated fiscal impact of the 20% salary increase/extra duty pay is $90,443.30. Funds to cover the cost of the Salary Increase/Extra Duty Pay are available in the City Attorney’s Department’s 2023-2024 Fiscal Year budget.

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

SHRISTIE NAIR TORRES

HUMAN RESOURCES DIRECTOR
APPROVED FOR FORWARDING:

JERRY GROOMES

CITY MANAGER
RESOLUTION NO. ____________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON

RATIFYING A SIDE LETTER AGREEMENT BETWEEN THE CITY OF

COMPTON AND THE AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES/AFSCME LOCAL 3947 TO AMEND ARTICLE 19

OF THE MEMORANDUM OF AGREEMENT
WHEREAS,the City of Compton (“City”) and the American Federation of State, County and Municipal Employee Union, designated as Local 3947 (“AFSCME Local 3947”), are parties to a Memorandum of Agreement (“MOA”), with an effective term of July 1, 2016 through June 30, 2019; and
WHEREAS, AFSCME Local 3947 typically represents Non-Supervisory designated positions and classifications; and
WHEREAS,Article 19 of the MOA entered into between the City and the AFSCME Local 3947 identifies the Classification Titles and the Salary Ranges for Non- Supervisory Positions; and
WHEREAS,the duties and responsibilities of a classification represented by AFSCME Local 3947 were impacted by the staffing vacancies and employee attrition in the City Attorney’s Office of the Legal Technician classification; and WHEREAS,on August 2, 2023, the City and AFSCME Local 3947 finalized an agreement to provide an additional twenty percent (20%) Salary Increase/Extra Duty Pay for the Legal Technician position in the Office of the City Attorney in connection with the performance of significant additional duties; and
WHEREAS, the Legal Technician position in the Office of the City Attorney most current salary range will be increased from 104E to 124E on the salary schedule; and WHEREAS, the estimated fiscal impact of the 20% salary increase/extra duty pay is $90,443.30; and
WHEREAS, the account codes shown below for Salaries (4101), Unemployment Insurance (4197), State Disability Insurance (4198), and Medicare (4199) will be used for the increase; and
Account Amount
1001-420-000-4101 $86,240.96
1001-420-000-4197 $2,442.55
1001-420-000-4198 $718.32
1001-420-000-4199 $1,041.47
WHEREAS, funds to cover the cost of the Salary Increase/Extra Duty Pay are available in the City Attorney’s Department’s 2023-2024 Fiscal Year budget; and WHEREAS,the negotiations culminated during a meeting of mutual concessions between the City and the employee bargaining unit, including AFSCME Local 3947’s agreement to amend Article 19 of their MOA.

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

SECTION 1.That the recitals above stated are incorporated herein.

Resolution No.__________

Page 2 ends

SECTION 2.That the attached Side Letter Agreement between the City of Compton and the American Federation of State, County and Municipal Employees, Local 3947 is hereby ratified.

SECTION 3.That pursuant to the provisions of the attached Side Letter Agreement, Article 19 of the Memorandum of Agreement between the City of Compton and the American Federation of State, County and Municipal Employees, AFSCME Local 3947 is hereby amended as follows:

1. Salary Increase/Extra Duty Pay
The Side Letter Agreement provides a Salary Increase/Extra Duty Pay for the additional workload for the Legal Technician in the Office of the City Attorney:

SECTION 4.That the current salary range for the Legal Technician position in the Office of the City Attorney will be increased from the current range of 104 E to the new range of 124 E on the City’s most current salary schedule; and SECTION 5.That funds are available in the City Attorney’s Office 2023-2024 Fiscal Year budget to pay the additional costs.

SECTION 6.That all other terms and conditions of the current Memorandum of Agreement shall remain in effect and unchanged.

SECTION 7.That a copy of this Resolution, including the attached Side Letter Agreement, shall be filed in the offices of the City Clerk, City Manager, City Attorney, Human Resources and President of the American Federation of State, County and Municipal Employees, AFSCME Local 3947.

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

STATE OF CALIFORNIA

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

Page 3 ends

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-
ABSTAIN: COUNCIL MEMBERS-
ABSENT: COUNCIL MEMBERS-
____________________________________

CITY CLERK OF THE CITY OF COMPTON

September 5, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: STREET SUPERINTENDENT
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON

ACCEPTING THE PROPOSAL FROM SCREAMIN EAGLE SERVICES

COMPANY FOR CITYWIDE ILLEGAL DUMPING CLEAN-UP, REMOVAL

AND HAUL AWAY SERVICES, TO AUTHORIZE THE CITY MANAGER
TO ENTER INTO A THREE-YEAR SERVICE AGREEMENT WITH (2)

ONE-YEAR EXTENSION OPTIONS AND TO ISSUE A PURCHASE

ORDER IN AN AMOUNT NOT TO EXCEED FOUR HUNDRED TWENTY-

ONE THOUSAND FIVE HUNDRED DOLLARS ANNUALLY
($421,500.00).

SUMMARY
A resolution of the City Council of the City of Compton accepting the proposal from Screamin Eagle Services company for citywide illegal dumping clean-up, removal and haul away services, to authorize the City Manager to enter into a three-year service agreement with (2) one-year extension options and to issue a purchase order to Screamin Eagle Services in an amount not to exceed Four Hundred Twenty-One Thousand Five Hundred Dollars ($421,500.00).

BACKGROUND
Illegal dumping is a major problem with significant social, health, environmental and economic impact. The City of Compton’s is not unique in facing the tremendous burden caused by illegal dumping. The most common sites for illegal dumping are: vacant lots, alleyways, parkways and unlocked dumpsters. The most commonly dumped items are appliances, tires, household waste, furniture, electronic and hazardous waste and sometimes construction material. Illegal dump sites serve as a magnet for additional dumping. The City of Compton has begun several methods in which to address these issues;(1) hiring a private illegal dumping clean-up contractor, (2) assigning City crew to assist with illegal dumping clean-up, and (3) rapid reporting by the use of the City App.

STATEMENT OF THE ISSUE
The clean-up of illegally dumped waste falls exclusively to the City of Compton’s Public Works Street Maintenance Department (“Department”). As a result, the Department advertised a Request for Proposal for Citywide Illegal Dumping Clean-up, Removal and Haul Away services on April 10, 2023 in the Bulletin newspaper and on the City’s website.

As a result of the Request for Proposal, four (4) illegal dumping contractors submitted their bid for proposals by stipulated deadline on May 4, 2023.

12.12.12.12. Staff Report – Citywide Illegal Dumping Clean-up, Removal and Haul Away September 5, 2023
2 Illegal Dumping Contractor Submitters

1. American Reclamation, Inc.

2. New West Landscaping

3. SG & Sons

4. Screamin Eagle Services
In accordance with the RFP, Contractors are required to perform the following illegal dumping abatement services along the following, but not limited to sites:

Alleys in all Districts Alameda Corridors and Gazebos
Alondra Parkways Atlantic Drive
Bullis Road Parkways Central Avenue Medians
Compton Blvd. Parkways El Segundo Blvd.

Medians/Parkways
Greenleaf Blvd. Parkways Long Beach Blvd. and Medians
Parmalee Parkways Rosecrans Avenue
Medians/Parkways
Sam Littleton Parkways Santa Fe Avenue and Medians
Walnut Street and Medians Industrial Areas
Willowbrook Avenue Wilmington Parkways and Asphalt
Medians
All four (4) illegal dumping contractors:
Submitted their proposals on time
Submitted their bid price sheets
Met some or all of the minimum requirements for illegal dumping services Schedule of Compensation Price Sheet:

American Reclamation, Inc $501,600/annually
SG & Sons $756,000/annually
($2100/load/day load=6,000 lb. or 20 cu
yd)
New West Landscaping $124,200/annually
Screamin Eagle Services $421,500/annually
The Public Works Superintendent and staff evaluated each proposal and interviewed companies by telephone to evaluate staffing, equipment and services.

The award of illegal dumping clean-up is not awarded to the lowest bidder but the lowest most responsive bidder that meets the needs of the City. The lowest bidder, New West Landscaping, did not readily possess the equipment needed for removal of illegal dumping, nor did they possess the personnel necessary to meet the aggressive demands Staff Report – Citywide Illegal Dumping Clean-up, Removal and Haul Away September 5, 2023
3 of illegal dumping in the City of Compton. Therefore, the RFP Review Panel, selected Screamin Eagle Services as the next lowest responsive bidder. The company demonstrated the ability to manage the City of Compton Illegal Dumping Clean-up, Removal and Haul Away services, by specifying the equipment and personnel dedicated to this service.

In order to award a three-year service agreement effective July 1, 2023- June 30, 2026 with two (2) one-year options for extension to Screamin Eagle Services company and issue a purchase order in the amount of Four Hundred Twenty-One Thousand Five Hundred Dollars ($421,500) from Account No. 1004-720-000-4266 to provide citywide illegal dumping clean-up, removal and haul away services to the City of Compton, City Council’s approval is necessary.

RECOMMENDATION
Staff recommends the City Council accepts the bid submitted by Screamin Eagle Services, authorize the City Manager to enter into a three-year service agreement with two one-year options for extension and to issue a purchase order in the amount of Four Hundred Twenty-One Thousand Five Hundred Dollars ($421,500) for citywide illegal dumping clean-up, removal and haul away services.

FISCAL IMPACT
The Public Works Street Maintenance Department has funds available in the 2023-2024 fiscal year budget in the amount of Four Hundred Twenty-One Thousand Five Hundred Dollars ($421,500) in Account No. 1004-720-000-4266 (Measure P). Additionally, funds will be budgeted in future fiscal year budgets for these services.

DAMION TIMMONS

STREET SUPERINTENDENT

APPROVED FOR FORWARDING
JEROME G. GROOMES

CITY MANAGER
RESOLUTION NO.____________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON

ACCEPTING THE PROPOSAL FROM SCREAMIN EAGLE SERVICES

COMPANY FOR CITYWIDE ILLEGAL DUMPING CLEAN-UP, REMOVAL AND

HAUL AWAY SERVICES, TO AUTHORIZE THE CITY MANAGER TO ENTER INTO A THREE-YEAR SERVICE AGREEMENT WITH (2) ONE-YEAR

EXTENSION OPTIONS AND TO ISSUE A PURCHASE ORDER IN AN AMOUNT

NOT TO EXCEED FOUR HUNDRED TWENTY-ONE THOUSAND FIVE
HUNDRED DOLLARS ANNUALLY ($421,500).

WHEREAS, the major problem of illegal dumping has significant social, health, environmental and economic impact; and
WHEREAS, the City of Compton is not unique in facing the tremendous burden caused by illegal dumping throughout California; and
WHEREAS, the most common sites for illegal dumping are: vacant lots, alleyways, parkways and unlocked dumpsters and serve as a magnet for additional dumping; and WHEREAS, the City of Compton has initiated several methods in which to address illegal dumping issues; (1) hiring a private illegal dumping clean-up contractor, (2) assigning City crews to assist with illegal dumping clean-up and haul away and, (3) rapid reporting by use of the City App; and
WHEREAS, the Public Works Street Maintenance Department advertised a Request for Proposal for Citywide Illegal Dumping Clean-up, Removal and Haul Away services on April 10, 2023 in the Bulletin newspaper and on the City’s website; and WHEREAS, as a result of the Request for Proposal, four (4) illegal dumping contractors submitted their proposals by stipulated deadline on May 4, 2023.

Illegal Dumping Contractor Submitters

1. American Reclamation, Inc. $501,600/annually

2. Screamin Eagle Services $421,500/annually

3. New West Landscaping $124,200/annually

4. SG & Sons $756,000/annually
WHEREAS, the award of illegal dumping clean-up is not awarded to the lowest bidder but the lowest most responsive bidder that meets the needs of the City; and

WHEREAS, the lowest bidder, New West Landscaping, did not readily possess the equipment needed for removal of illegal dumping, nor did they possess the personnel necessary to meet the aggressive demands of illegal dumping in the City of Compton; and
WHEREAS, the RFP (Citywide Illegal Dumping Clean-up, Removal and Haul Away Services) Review Panel, selected Screamin Eagle Services as the next lowest responsive bidder, the company demonstrated the ability to manage the City of Compton Illegal Dumping Clean-up, Removal and Haul Away services, by specifying the equipment and personnel dedicated to this service; and
WHEREAS, staff recommends the City Council accepts the bid submitted by Screamin Eagle Services company, authorize the City Manager to enter into a three-year service agreement with two one-year options for extension and to issue a purchase order for citywide illegal dumping clean-up, removal and haul away services; and WHEREAS, Screamin Eagle Services company has the ability to perform illegal dumping removal and clean-up services providing on its team: 1 Operations Supervisor, 5 General Laborers, 1 Lead Driver and 4 Drivers; and
Resolution No.__________

Page 2 ends

WHEREAS, Screamin Eagle Services company will furnish at its own expense; Bobcats, dump trucks, and roll off containers for the collection and removal of illegally dumped items/debris; and
WHEREAS, funds for this expenditure is available in the 2023-2024 Fiscal Year budget in account 1004-720-000-4266.

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

Section 1.That the proposal from Screamin Eagle Services company is hereby accepted and all other proposals rejected.

Section 2.That the City Manager is hereby authorized to enter into a three-year service contract (i.e. July 1, 2023 – June 30, 2026) with two (2) one-year extension options for Screamin Eagle Services company for the management of the Citywide Illegal Dumping, Removal and Haul Away Services from Account No. 1004-720-000-4266.

Section 3.That a purchase order is authorized to be established for Screamin Eagle Services in the not-to-exceed amount of Four Hundred Twenty-One Thousand Five Hundred Dollars ($421,500).

Section 4.That funds for this expenditure is available in the approved 2023- 2024 Fiscal Year budget in Account No. 1004-720-000-4266, additionally, funds will be budgeted in fiscal year budgets; 2024-2025 and 2025-2026.

Section 5. That a copy of this Resolution shall be filed in the offices of the City Clerk, City Attorney, City Manager, Public Works Street Maintenance Department and the City Controller.

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

ADOPTED this ____ day of _____________, 2023.

MAYOR OF THE CITY OF COMPTON
ATTEST:
____________________________________

CITY CLERK OF THE CITY OF COMPTON

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss

Resolution No.__________

Page 3 ends

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

AYES: COUNCILMEMBERS-
NOES: COUNCILMEMBERS-
ABSTAIN: COUNCILMEMBERS-
ABSENT: COUNCILMEMBERS-
___________

CITY CLERK OF THE CITY OF COMPTON

ABATEMENT SERVICES AGREEMENT

BETWEEN

SCREAMIN EAGLE SERVICES
AND

CITY OF COMPTON
This AGREEMENT is made 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 SCREAMIN EAGLE SERVICES (hereinafter referred to as “CONTRACTOR”) located at 1119 S. Alameda Street, Compton, CA 90222.

AGREEMENT:

That the CITY and CONTRACTOR, for the consideration, terms and conditions herein described, mutually agree as follows:

1. SERVICES TO BE PERFORMED BY CONTRACTOR:

CONTRACTOR shall perform, in a professional manner, everything required to be performed, shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services for providing Citywide Clean-Up, Removal and Haul Away Services. More specifically, Contractor shall provide and perform the following services at/on all City owned alleyways and right-of-ways within the City and other locations as requested by the City:
Respond to the designated work site within twenty-four (24) hours from request for services and approval of the cost proposal by the City of Compton Respond to emergency calls within four (4) hours of contact Trash and debris removal services including tipping services Alley Clean-up
Weed Abatement
Roadside Clean-up
Right-of-way Clean-up services
Furniture and other bulk item removal
Provide before and after digital photographs, within indication of date(s) taken and location of area(s) where services performed
Completion of requested and approved services within time specified by the City of Compton, be available to provide and perform requested services seven (7) days a week, including during and after business hours, weekends and holidays, as needed Should abatement services performed by Contractor require any lane closures or traffic control requirements, Contractor shall coordinate directly with the City’s Public Works Department prior to performing the effected services. Abatement services requiring traffic control shall occur only during off-peak traffic times.  Illegal Dumping Hotspots by District
District 1 (addressed the 1st Week of the month)

1. North of Culver & Rosecrans

2. 1st alley West of Wilmington (between 137th to 132nd)

3. 1st alley West of Wilmington (between 137th to 132nd) City-Wide Illegal Dumping Services
Screamin Eagle Services
Resolution No. ___________
2 4. 1st alley West of Wilmington (between 137th to 132nd)

5. 1st alley West of Wilmington (between 137th to 132nd)

6. 1st alley West of Wilmington (between 137th to 132nd) District 2 (addressed the 2nd Week of the month)

1. Dixon

2. Alley East of Alameda (btwn Banning and El Segundo - Homeless Encampment)

3. Alley North of Compton Blvd (btwn Harris and Locust)

4. Saunders Alley South of Rosecrans & Bradfield

5. 1st Alley east Bullis North of Orchard

6. Alley east of Locust (btwn Orchard and McMillan)

7. 1st Alley West of San Vicente & Gibson (North)

8. 1st Alley West of San Vicente & Gibson (South)

9. E. Lindsley & Gibson Ave

10. 1st Alley East of Oaks & Santa Fe (btwn Pine and Oaks) District 3 (addressed the 3rd Week of the month)

1. Alley East of Acacia (btwn Cypress and Myrrh)

2. Alley South of Alondra (between Aprilia and CVC Alley)

3. Alley Behind CVS at Alondra and Central
District 4 (addressed the 4th Week of the month)

1. Reeve St Alameda

2. Washington & Greenleaf

3. Alley East of Long Beach (Between Caldwell and Greenleaf (Cuzco Alley)

4. Alley North of Pannes and Alondra

5. Alley South of Pannes and Alondra

6. 1st Alley South of Compton (btwn Rose and Alameda)

7. Alley North of Palmer (btwn Santa Fe and Poinsettia)

8. Alley South of Palmer (btwn Santa Fe and Poinsettia)

2. TRANSFER AND DISPOSAL
No more than five (5) working days will be allowed for hauled illegal materials to remain at the staging area located at 1119 S. Alameda Street.

3. COMPENSATION:

City-Wide Illegal Dumping Services
Screamin Eagle Services
Resolution No. ___________
3 The method of payment for the services rendered pursuant to this Agreement shall be based on a fee-for-services basis, billable at the unit price rates specified within the CONTRACTOR’s Proposal. It is understood and agreed between the parties that the maximum compensation payable for the services to be provided by the CONTRACTOR during twelve (12) month period for each year of this Agreement shall not exceed Four Hundred Twenty-One Thousand Five Hundred Dollars ($421,500).

The total sum paid to the CONTRACTOR will include compensation for all work, including travel, materials, supplies, vendor services, expenses and subcontracted work. No additional compensation will be paid to the CONTRACTOR, unless there is a change in the scope of the services or the scope of the project. In the instance of a change in the scope of services or scope of the project, adjustment to the compensation may be negotiated between the CONTRACTOR and the CITY. Adjustment in the compensation will not be effective until authorized and approved by contract amendment.

Progress payments may be made in arrears based on the percentage of work and deliverables completed by the CONTRACTOR. If CONTRACTOR fails to perform the required services according to schedule or other provisions of this Agreement, the CITY shall have the right to delay payment and/or terminate this Agreement in accordance with the provisions noted herein.

CONTRACTOR shall be reimbursed within thirty (30) days, or as promptly as fiscal procedures may permit, upon receipt by the CITY of itemized and detailed invoices for services completed. Invoices shall be submitted no later than 45 calendar days after the performance of work for which the CONTRACTOR is billing. Invoices shall be delivered or mailed to the Street Superintendent, Public Works Street Maintenance Department at the following address: City of Compton, 205 South Willowbrook Avenue, Compton, California 90220.

The CONTRACTOR is required to comply with all federal, state and local laws and ordinances applicable to the work.

In the event of termination, the CONTRACTOR shall be entitled to compensation for the undisputed reasonable value of services performed to the effective date of termination; provided, however, that the CITY may condition payment of such compensation upon the CONTRACTOR’s delivery to the CITY of any and all CITY property, documents, reports, records, materials and work product associated with the performance of this Agreement.

4. Safety:

4.1Contractor shall have overall responsibility for safety precautions and programs in the performance of the services.

City-Wide Illegal Dumping Services
Screamin Eagle Services
Resolution No. ___________
4 4.2Contractor shall seek to avoid injury, loss or damage to persons or property by taking reasonable steps to protect:
. aEmployees and all other persons at the location where services are rendered (“Site”);
. bMaterials and equipment stored on the Site or off the Site at locations for use in performance of the work; and
.cThe assigned project Site and all property located at the Site, whether or not said property or structures are part of the project or involved in the work.

4.3Contractor shall designate an individual at the Site of the assigned project in the employ of Contractor who shall act as Contractor’s designated safety representative with a duty to prevent accidents.

4.5If City deems any part of the work or Site unsafe, City may require Contractor, without assuming responsibility for Contractor’s safety program, to immediately stop performance of the work or take corrective measures. Neither City’s order nor Contractor’s action in response thereto shall be the basis for adjustment in the contract price or contract time.

4.6Contractor shall immediately notify the City of any illegal dumping of hazardous materials and other emergency public safety issues observed at the Sites were services are performed.

5. TERM OF AGREEMENT:

The term of this Agreement shall be for citywide Illegal dumping clean-up removal and haul away services for a period of three (3) years beginning July 1, 2023 through June 30, 2026, with the option of two one-year extensions, unless terminated earlier as provided herein.

6. INDEPENDENT CONTRACTOR STATUS:

CONTRACTOR, its officers, employees, subcontractors, agents and volunteers (collectively hereinafter the “Contractor”), is a wholly independent Contractor and not an officer, employee, subcontractor or agent of the CITY. Neither the CITY nor any of its officers, employees, agents or volunteers shall have any control over the conduct of the CONTRACTOR, except as expressly set forth in this Agreement. CONTRACTOR expressly warrants that while engaged in carrying out and complying with any terms and conditions of this Agreement that CONTRACTOR shall not at any time or in any manner, represent that CONTRACTOR is in any City-Wide Illegal Dumping Services
Screamin Eagle Services
Resolution No. ___________
5 manner officers, employees, agents or volunteers of the CITY. CONTRACTOR shall obtain no rights to retirement, health care or any other benefit that accrue to CITY officials, officers, or employees. CONTRACTOR expressly waives any claim to such rights.

7. SUCCESSORS, ASSIGNMENT AND DELEGATION:

CITY and the CONTRACTOR each binds themselves, their partners, successors, assigns and legal representatives to the other party hereto and to partners, successors, assigns and legal representatives of such other party in respect to all covenants, agreements and obligations contained in the Contract Documents. Neither party to the Agreement shall assign the Contract or sublet it in whole or part without the written consent of the other, nor shall the CONTRACTOR assign any monies due or to become due to it hereunder, without the previous written consent of the CITY. Any attempted assignment of this Contract without the written consent of both parties is void.

8. NONDISCRIMINATORY EMPLOYMENT PRACTICES:

During the performance of this Agreement, the CONTRACTOR agrees not to discriminate against any employee or applicant for employment because of race, sex, creed, color, religion, age, sexual orientation, marital status, national origin, political affiliation, handicap or belief in accordance with requirements of City, State or Federal laws and regulations. CONTRACTOR will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, sex, creed, color, religion, age, sexual orientation, marital status, national origin, political affiliation, handicap or belief in accordance with requirements of City, State or Federal laws and regulations. Such actions shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoffs or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.

The CONTRACTOR agrees to post in conspicuous places, available to employees, applicants and subcontractors for employment, notices setting forth the provisions of this non- discrimination clause.

In the event of the Contractor’s non-compliance with the non-discrimination clause of this Agreement, this Agreement may be immediately canceled, terminated or suspended in whole or in part.

9. INDEMNIFICATION:

CONTRACTOR shall indemnify and save harmless the CITY, its officials, officers, employees, agents and volunteers (collectively hereinafter the “City”), against any and all damages to property or injuries to or death of any person or persons, including property and employees or agents of the CITY and shall defend, indemnify and save the CITY from any and all liability and expense including defense costs and legal fees, and claims, demands, suits, actions or proceedings of any kind or nature, including Workers’ Compensation claims, of or by anyone whomsoever in any way resulting from or arising out of the negligent or intentional acts City-Wide Illegal Dumping Services
Screamin Eagle Services
Resolution No. ___________
6 or omissions for CONTRACTOR, its officers, employees, subcontractors or agents on account of the performance or character of this work.

This indemnification and hold harmless obligation does not extend to claims arising out of the sole negligence or willful misconduct of the CITY.

10. INSURANCE:

A. CONTRACTOR, by executing this Agreement, hereby certifies:
(1) “I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Worker’s Compensation or to undertake self- insurance in accordance with the provisions of that Code and I will comply with such provisions before commencing the performance of the work of this Contract.” (2)CONTRACTOR further agrees to require all subcontractors to carry Worker’s Compensation Insurance as required by the Labor Code of the State of California.

B.Without limiting CONTRACTOR’s indemnification of the CITY, CONTRACTOR shall provide and maintain at its own expense during the term of this Agreement the following program(s) of insurance covering its operations hereunder. Evidence of such insurance, which shall be provided by insurer(s) satisfactory to the CITY’s Risk Manager, shall be delivered to the CITY. Such evidence shall express conditions that the CITY is to be given written notice at least thirty (30) days in advance of any termination or implementation of a reduction of limits or material change of insurance coverage as specified herein, including at least ten (10) day notice of any non-payment of premium(s). Failure on the part of the Contractor to procure or maintain insurance shall constitute a material breach upon which the CITY may immediately terminate this Agreement.

1. General Liability. CONTRACTOR shall provide and maintain at its own expense during the term of this Agreement a policy of Commercial General Liability Insurance, inclusive of personal injury liability and broad form property damage coverage, in an amount not less than One Million Dollars ($1,000,000.00) per occurrence. The coverage shall be written on an occurrence basis. Claims made coverage is not acceptable.

2. Workers’ Compensation Insurance. CONTRACTOR shall provide and maintain at its own expense during the term of this Agreement a program of Workers’ Compensation Insurance and Employer’s Liability Insurance in an amount and form to meet all applicable requirements of the State Labor Code and which specifically covers all persons providing services by or on behalf of the CONTRACTOR and all risks to such persons under the Agreement.

City-Wide Illegal Dumping Services
Screamin Eagle Services
Resolution No. ___________
7 3. Automotive Liability.A program of insurance with a limit of liability of not less than One Million Dollars ($1,000,000.00) for each accident. Such insurance shall include coverage for all “owned”, “hired” and “non-owned” vehicles, or coverage for “any auto”.

4. Insurance Endorsements.The liability insurance policy(ies) shall be endorsed with the following language:
. aThe City of Compton and its respective elected and appointed officers, officials, employees, agents and volunteers are to be named and covered as “additional insureds” with respect to liability arising out of the activities of the CONTRACTOR. . bThe insurer waives all rights of subrogation against the CITY. .cAny failure to comply with reporting provisions of the policies shall not affect coverage provided to the CITY.
. dIdentity of the insured(s).

Insurance coverage specified herein constitutes the minimum requirements and said requirements shall in no way lessen or limit the liability of the CONTRACTOR under the terms of the Agreement. The CONTRACTOR is advised that the CITY does not carry Contractor’s Risk insurance, and the Contractor shall obtain its own coverage. CONTRACTOR shall procure and maintain, at its own costs and expense, any additional kinds and amounts of insurance that, in its own judgment, may be necessary for its proper protection of the work. CONTRACTOR shall ensure any and all contracts with its Trade Contractors performing services under this Agreement meet the insurance requirements of this Agreement.

11. PERMITS AND LICENSES:

CONTRACTOR, at its own expense, during the term of this Agreement, shall obtain and maintain all appropriate business and professional permits, licenses and certificates that may be required in connection with the performance of services by the CONTRACTOR.

Upon execution of this Agreement, the CONTRACTOR shall show evidence of a business license permit in conformance with Section 9-1.2 of the Compton Municipal Code.

12. WARRANTIES:

CONTRACTOR warrants that it has not employed or retained any company or persons, other than a bona fide employee working solely for the CONTRACTOR, to solicit or secure this Agreement and that it has not paid or agreed to pay any company or person other than a bona fide employee working solely for the CONTRACTOR, any fee, commission, percentage, brokerage fee, gift or contingent fee. For breach or violation of this warranty, the CITY has the right to annul this Agreement without liability; pay only for the value of the work actually performed, or in its discretion to deduct from the contract price or consideration, or otherwise recover the full amount of such commission, percentage, brokerage or contingent fee.

City-Wide Illegal Dumping Services
Screamin Eagle Services
Resolution No. ___________
8 13. FEDERAL AND STATE WITHHOLDING TAXES:

CONTRACTOR shall be responsible for paying when due all federal and state income withholding taxes for all earning under this Agreement. CONTRACTOR agrees to indemnify CITY for any claims, costs, losses, fees, penalties, interest, or damages suffered by CITY resulting from CONTRACTOR’s failure to comply with this provision.

14. COMPLIANCE WITH LAW:

All services rendered hereunder shall be provided in accordance with the requirements of relevant local, State and Federal laws, including compliance with the Air Quality Management District (AQMD) standards and orders.

15. WAIVERS:

A waiver by either party to this Agreement of any breach of any terms, covenants or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character.

16. TERMINATION:

Notwithstanding any other provision of this Agreement, this Agreement may be terminated as follows:

A.The CONTRACTOR becomes insolvent; that is, it has ceased to pay its debts in the ordinary course of business or cannot pay its debts as they become due, whether or not it has committed an act of bankruptcy, and whether or not insolvent within the meaning of the federal Bankruptcy law, then, the CITY may, without prejudice to any other right or remedy and after giving the CONTRACTOR seven (7) days written notice, terminate this Agreement.

B.The CONTRACTOR persistently or repeatedly refuses or fails, except in cases for which extensions of time are provided, to supply enough properly skilled workers, property or material, or if he fails to make prompt payment to subcontractors or for materials or labor, or he persistently disregards laws, ordinances, rules, regulations or orders of any public authority having jurisdiction, then, the CITY may, without prejudice to any other right or remedy and after giving the CONTRACTOR seven (7) days written notice, terminate this Agreement.

C.The CONTRACTOR fails to perform or breaches any material obligation under this Agreement, then, the CITY may, without prejudice to any other right or remedy and after giving the CONTRACTOR seven (7) days written notice, terminate this Agreement.

D.The CITY may terminate this Agreement at any time by giving thirty (30) days written notice of termination to CONTRACTOR. If the CITY gives such notice of termination, CONTRACTOR shall cease immediately all work in progress, unless otherwise directed by the City-Wide Illegal Dumping Services
Screamin Eagle Services
Resolution No. ___________
9 CITY. Upon termination CONTRACTOR shall furnish to the CITY a final invoice for work performed.

17. AMENDMENTS:

This Agreement may be modified or amended only be written document executed by both CONTRACTOR and CITY’s City Manager and approved as to form by the City Attorney.

Such document shall expressly state that it is intended by the parties to amend the terms and conditions of this Agreement.

18. GOVERNING LAW AND SEVERABILTIY:

This Agreement shall be governed by and construed under the laws of the State of California. Should any part of this Agreement be declared by a final decision by a court or tribunal of competent jurisdiction to be unconstitutional, invalid, or beyond the authority of either party to enter into or carry out, such decision shall not affect the validity of the remainder of this Agreement, which shall continue in full force and effect, provided that the remainder of this Agreement, absent the un-excised portion, can be reasonably interpreted to give effect to the intentions of the parties.

19. CONTRACTOR’s BOOKS AND RECORDS:

CONTRACTOR shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to work, services, expenditures and disbursements charges to the CITY for the period and to the extent required by laws relating to audits of public agencies and their expenditures.

CONTRACTOR shall maintain all documents and records which demonstrate performance under this Agreement for the period and to the extent required by laws relating to audits of public agencies and their expenditures.

Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the CITY or a designated representative. Copies of such documents shall be provided to the CITY for inspection when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at CONTRACTOR’s address indicated for receipt of notices in this Agreement.

20. EXAMINATION AND AUDIT:

This Contract shall be subject to examination and audit of the State Auditor of the State of California and any duly authorized representative of the federal government, at the request of the CITY, or as part of any audit of the CITY, for a period of three (3) years, or longer if required by law, after final payment under this Agreement.

21. EXTENT OF AGREEMENT:

City-Wide Illegal Dumping Services
Screamin Eagle Services
Resolution No. ___________
10 This Agreement constitutes the entire understanding and agreement of the parties. This Agreement integrates all of the terms and conditions mentioned herein or incidental hereto and supersedes all negotiations or previous agreements between the parties with respect to all and any part of the subject matter hereof. Nothing contained in this Agreement shall create any contractual relations between any subcontractor and the CITY.

Incorporated herein and made a part hereof are the CITY’s “Request for Proposal for Citywide Illegal Dumping, Clean-up, Removal and Haul Away Services for the City of Compton” and the CONTRACTOR’s Proposal for “Citywide Illegal Dumping, Clean-up, Removal and Haul Away Services” (dated May 4, 2023).

22. NOTICES:

Any notices required or permitted under this Agreement shall be effective when delivered in person; and effective one (1) business day after delivery by facsimile transmission; and effective three (3) business days after mailing by U.S. Mail, postage prepaid and properly addressed as follows:

TO CONTRACTOR:

Screamin Eagle Services
1119 S. Alameda Street
(Pay Address: P.O. Box 504, Compton 90223)
Compton, CA 90222
Attn: Andrew Thompson, Owner
310-345-2950
([email protected])
TO CITY: CITY OF COMPTON
205 South Willowbrook Avenue
Compton, California 90220
Attn: Public Works Street Superintendent
(310) 605-5691
([email protected])
NOTE: A copy of any notice provided to the Director of Public Works shall also be provided to: City Manager, 205 South Willowbrook Avenue, Compton, California 90220.

In the event of any change of address, the moving party is obligated to notify the other party of the change of address in writing. Each party may amend, supplement and update the notice list to add, delete or replace any listed individuals; however, the amendment must be in writing.

23. CERTIFICATIONS:

CERTIFICATIONS OF CONTRACTOR
City-Wide Illegal Dumping Services
Screamin Eagle Services
Resolution No. ___________
11 I, Andrew Thompson, HEREBY CERTIFY that I am the Owner, and duly authorized representative of the CONTRACTOR firm of SCREAMIN EAGLE SERVICES, and that, except as hereby expressly stated, neither I nor the above firm that I represent have:
(a) employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above consultant) to solicit or secure this agreement; nor (b) agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out the agreement; nor (c) paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above consultant) any fee, contribution, donation, or consideration of any kind, for or in connection with, procuring or carrying out this agreement.

DEBARMENT AND SUSPENSION CERTIFICATION
The CONTRACTOR, under penalty of perjury, certifies that, except as noted below, he/she or any other person associated therewith in the capacity of owner, partner, director, officer, manager:
is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any Federal, State or local agency;
• has not been suspended, debarred, voluntarily excluded or determined ineligible by any Federal, State or local agency within the past 3 years; • does not have a proposed debarment pending; and
• has not been indicted, convicted, or had a civil judgment rendered against he/she/it by a court of competent jurisdiction in any matter involving fraud or official misconduct in connection with obtaining, attempting to obtain, or performing a public (Federal, state or local) transaction or contract under a public transaction; violation of Federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property within the past 3 years; and
are not presently indicted or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in the preceding paragraph; and
have not had one or more public transactions (Federal, State or local) terminated for cause or default within the past 3 years.

If there are any exceptions to this certification, insert the exceptions in the following space. [Supply exceptions on separate page]
For any exception noted above, indicate below to whom it applies, initiating agency, and dates of action.
[Attach separate page]
City-Wide Illegal Dumping Services
Screamin Eagle Services
Resolution No. ___________
12 This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction.

The above certifications are part of this contract. Signing this agreement on the signature portion thereof shall also constitute signature of the above Certifications. ___________________________________________ ___________________ Andrew Thompson, Owner (Date)

24. MISCELLANEOUS:

CONTRACTOR and CITY acknowledge that the terms of this Agreement have been mutually negotiated and that such documents shall not be interpreted against either CITY or CONTRACTOR on the basis that either party was responsible for or in control of the drafting of such documents.

IN WITNESS WHEREOF, CONTRACTOR has executed this Agreement, and the CITY, by its City Manager, who is authorized to do so, has executed this Agreement.

SCREAMIN EAGLE SERVICES

CONTRACTOR
Dated: _______________ By____________________________________ Andrew Thompson, Owner

CITY OF COMPTON
Recommended for Approval:

By ______________________________________ Dated: ________________ Damion Timmons, Street Superintendent
Public Works Street Maintenance Department
Approved by:

City-Wide Illegal Dumping Services
Screamin Eagle Services
Resolution No. ___________
13 Dated: ________________ By_____________________________________ Jerry Groomes, City Manager

Approved as to form:

By ________________________________ Dated: ____________ Eric J. Perrodin, City Attorney
ATTEST:

Dated: _____________ By___________________________________ Vernell McDaniel, City Clerk

September 5, 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 ENTER INTO A

CONSTRUCTION CONTRACT WITH AND ESTABLISH A PURCHASE
ORDER FOR HARDY & HARPER, INC. FOR ROAD REPAIR SERVICES CITYWIDE ($2,066,900).

SUMMARY
Adoption of this resolution authorizing the City Manager to enter into a construction contract with Hardy & Harper, Inc. (“Hardy & Harper”) for road repair services citywide, establish a purchase order in the amount of One Million Eight Hundred Seventy Nine Thousand Dollars ($1,879,000.00) and authorize a Project Contingency in the amount of One Hundred Eighty Seven Thousand Nine Hundred Dollars ($187,900.00).

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

The Road Repair Services Project consist of providing road repair services citywide in accordance to the contract specifications and other contract documents. Specifically, the Project will consist of pavement repairs such as grind & overlay rehabilitation methods on distressed areas. Since 2019, the City has completed approximately 74 street segment citywide under this program.

On July 12, 2023, the Public Works Engineering Department solicited Notice of Inviting Bids to contractors for the road repair services citywide. The Project was advertised in the Compton Bulletin and the City’s website on July 12 th and July 19 th, 2023. Bids were received and opened on July 26 th, 2023. Two (2) bids were received from the following contractors:

Contractors Amount
All American Asphalt $2,394,280
Hardy & Harper, Inc. $1,879,000
Based upon review of the submitted bid documents, it has been determined that Hardy & Harper submitted the lowest responsive bid.

13.13.13.13. Staff Report – Resolution Authorizing Construction Contract Contractor’s Name –Road Repair Services
September 5, 2023, Page 2 of 2

STATEMENT OF THE ISSUE
The City reserves the right, after opening bids, to reject any or all bids, or to make award to the lowest responsive bidder and reject all other bids. After careful consideration, City staff deemed Hardy & Harper as the lowest responsive bidder.

Therefore, in order for the City Manager to enter into a construction contract with Hardy & Harper, Inc. (“Hardy & Harper”) for road repair services citywide, establish a purchase order in the amount of One Million Eight Hundred Seventy Nine Thousand Dollars ($1,879,000.00) and authorize a Project Contingency in the amount of One Hundred Eighty Seven Thousand Nine Hundred Dollars ($187,900.00), City Council’s authorization is necessary.

FISCAL IMPACT
Funds in the amount of $2,066,900 are available in the Public Works Engineering Department’s 2023-2024 Fiscal Year’s budget in Account No. 2810-710-000-4269.

ALTERNATIVE
Council can reject the bid and instruct staff to re-advertise, however, due to the desire of the City to move forward with this Project, no other alternative is being proposed at this time.

RECOMMENDATION
That the City Council adopt the attached Resolution.

JOHN D. STRICKLAND, JR.

DIRECTOR OF PUBLIC WORKS
APPROVED FOR FORWARDING:

JEROME GROMES

CITY MANAGER
RESOLUTION NO. _________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON

AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONSTRUCTION

CONTRACT WITH AND ESTABLISH A PURCHASE ORDER FOR HARDY
& HARPER, INC. FOR ROAD REPAIR SERVICES CITYWIDE ($2,066,900).

WHEREAS,adoption of this resolution authorizing the City Manager to enter into a construction contract with Hardy & Harper, Inc. (“Hardy & Harper”) for road repair services citywide, establish a purchase order in the amount of One Million Eight Hundred Seventy Nine Thousand Dollars ($1,879,000.00) and authorize a Project Contingency in the amount of One Hundred Eighty Seven Thousand Nine Hundred Dollars ($187,900.00); and
WHEREAS,in 2021, the City of Compton (“City”) performed an update to the Pavement Management System, which identified approximately 144 miles of “Fair” to “Very Poor” condition categories of streets and these findings indicate that proper preventative maintenance is significantly overdue and presents safety and liability concerns to the City; and
WHEREAS,the Road Repair Service Project consist of providing road repair services citywide in accordance to the contract specifications and other contract documents, specifically, the Project will consist of pavement repairs such as grind & overlay rehabilitation methods on distressed areas; and WHEREAS,since 2019, the City has completed approximately 74 street segment citywide under this program; and
WHEREAS,on July 12, 2023, the Public Works Engineering Department solicited a Notice of Inviting Bids (NIB) to contractors for the road repair services citywide; and WHEREAS,the Project was advertised in the Compton Bulletin and on the City’s website on July 12th and July 19th , 2023 and bids were received and opened on July 26th , 2023; and
WHEREAS,two (2) bids were received from the following contractors:

Contractors Amount
All American Asphalt $2,394,280
Hardy & Harper, Inc. $1,879,000; and
WHEREAS, based upon review of submitted bid documents, it has been determined that Hardy & Harper, Inc. submitted the lowest responsive bid; and WHEREAS, staff recommends City Council award the construction contract to Hardy & Harper in the amount of $1,879,000; and
WHEREAS, staff recommends establishing a ten percent (10%) contingency in the amount of $187,900 for any unforeseen costs be authorized for this Project; and WHEREAS,funds in the amount of $2,066,900 are available in the Public Works Engineering Department’s 2023-2024 Fiscal Year’s budget in Account No. 2810-710-000- 4269; and
WHEREAS, in order for the City Manager to enter into a construction contract with Hardy & Harper, Inc. (“Hardy & Harper”) for road repair services citywide, establish a purchase order in the amount of One Million Eight Hundred Seventy Nine Thousand Dollars ($1,879,000.00) and authorize a Project Contingency in the amount of One Hundred Eighty Seven Thousand Nine Hundred Dollars ($187,900.00), City Council’s authorization is necessary.

Resolution No. ______

Page 2 ends

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

SECTION 1.That the bid of Hardy & Harper, Inc. in the amount of One Million Eight Hundred Seventy Nine Thousand Dollars ($1,879,000) is hereby accepted and all other bids rejected.

SECTION 2.That the City Manager, upon the advice of the City Attorney, is hereby authorized to enter into a construction contract with Hardy & Harper, Inc. for services performed on the Road Repair Services Project.

SECTION 3.That funds in the amount of $2,066,900 are available in the Public Works Engineering Department’s 2023-2024 Fiscal Year’s budget in Account No. 2810- 710-000-4269.

SECTION 4.That a purchase order in the amount of $1,879,000 for construction costs is established for Hardy & Harper, Inc from account 2810-710-000-4269.

SECTION 5.That a Project Contingency amount of One Hundred Eighty Seven Thousand Nine Hundred Dollars ($187,900) 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. _______

Page 3 ends

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
City of Compton
Road Repair Service Project Phase VII
List of Potential Streets
No. Street Name Limits

1. 129th Street Grandee Avenue - End of Cul-De-Sac

2. 131st Street Central Avenue - Parmelee Avenue

3. 132nd Street Central Avenue - Parmelee Avenue

4. 133rd Street Central Avenue - Parmelee Avenue

5. 133rd Street Parmelee Avenue - Kalsman Avenue

6. Gibson Avenue McMillan Street - Olanda Street

7. Killen Place Bradfield Avenue - Ward Avenue

8. Killen Place Bradfield Avenue - Locust Avenue

9. Killen Court Killen Place - End of Cul-De-Sac

10. 500 Albertson Avenue Spruce Street - 145th Street

11. 154th Street Central Avenue - Stanford Avenue

12. Amantha Avenue 154th Street - 159th Street

13. 157th Street Amantha Avenue – Keene Avenue

14. 158th Street Amantha Avenue – Keene Avenue

15. 159th Street Amantha Avenue – Keene Avenue

16. Muriel Avenue Elizabeth Street - Marcelle Street

17. Rose Avenue Compton Boulevard - Laurel Street

18. Willow Avenue Compton Boulevard - Cypress Street

19. Gladys Street Willow Avenue - End of Cul-De-Sac

20. Cocoa Street Sante Fe Avenue - End of Cul-De-Sac

CONSTRUCTION SERVICES CONTRACT

BETWEEN

CITY OF COMPTON
AND
HARDY & HARPER, INC.
[Road Repair Services – City-Wide Road Repair Services Project] This CONTRACT 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 HARDY & HARPER, INC. (hereinafter referred to as “CONTRACTOR”) located at 32 Rancho Circle, Lake Forest, California 92630.

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 Contract.

C. City and Contractor enter into this Contract for the purpose of retaining Hardy & Harper, Inc. (Contractor/License No. 215952) to perform that work required pursuant to the “Road Repair Services Project
D. (“Project”).

E. Authorization to enter into this Contract 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:

Construction Services Agreement – Hardy & Harper, Inc.

Road Repair Services Project (City-Wide Road Repairs)
Resolution No. _____/Public Works Department
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1.0 GENERAL PROVISIONS

1.1 Definitions.

1.1.1“Work” consists of all of the Construction Services, including but not limited to all
of the labor, materials and equipment necessary to complete the Project in accordance with the Contract Documents.

1.1.2“Contract Documents” consists of this Contract (including all exhibits and
schedules), any amendments and clarifications issued thereto, any “Bid/Unit Price Proposal/Scope of Work” submitted by the Contractor, the plans, general conditions, special provisions, standard and technical specifications, schedules, exhibits, drawings, designation of subcontractors, all required bonds, insurance policies, endorsements, certificates, permits, notices and affidavits, notice to proceed, notice of completion, any Change Orders, the provisions of the Standard Specifications for Public Works Construction (“Greenbook”), latest Edition (except as modified), Standard Specifications of the State of California Department of Transportation (CalTrans), latest Edition (except as modified), Work Area Traffic Control Handbook (WATCH), latest Edition, CalTrans Standard Drawings, latest edition, California Manual on Uniform Traffic Control Devices (CAMUTCD), latest Edition, MUTCD Latest California Supplement, and any and all other documents identified in the Contract Documents which together form the Contract between the City and the Contractor.

1.2 Public Work of Improvement.

City and Contractor acknowledge that City is a political subdivision of the State of
California and that construction of the Project is to be funded with public funds.

1.3 Trust and Confidence.

Contractor accepts the obligation of trust and confidence established between it and City
by this Contract and shall act in the best interests of City, as its fiduciary, in carrying out Contractor’s duties and responsibilities under this Contract, including, without limitation, the furnishing of efficient business administration, sufficient senior level management and other qualified personnel to complete Contractor’s obligations under the Contract Construction Services Agreement – Hardy & Harper, Inc.

Road Repair Services Project (City-Wide Road Repairs)
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Documents in an expeditious and economical manner and within the Contract Price and Contract Time.

1.4 Standard of Care.

Contractor shall perform all its obligations under the Contract Documents in accordance with the highest standard of care applicable to the performance of services and Work required by the Contract Documents. In the event portions of the Project are to be performed in accordance with a specific performance standard, the Work shall be performed so as to achieve such standard.

1.5 Compliance with Applicable Laws.

Contractor shall give all notices and comply with all applicable laws and lawful orders of
any governmental authorities (including, without limitation, those laws, ordinances, rules, regulations and lawful orders relating to safety, prevailing wage, Hazardous Substances, and equal employment opportunities); pay all local, state and federal taxes; and pay all benefits, insurance, taxes and contributions for Social Security and Unemployment Insurance which are measured by wages, salaries or other remuneration paid to Contractor's employees. Upon City's request, Contractor shall furnish evidence satisfactory to City that any and all of the foregoing obligations have been fulfilled. Without limiting the foregoing, Contractor shall pay all employees on said Work a salary or wage at least equal to the prevailing salary or wage established for such Work as set forth in the wage determinations and wage standards applicable to this Work.

The Contractor must obtain and present all relevant state and local insurance, training and licensing pursuant to services required within this Contract.

Contractor shall also comply with the following laws:

1.5.1 Prohibition Against Employment Discrimination.During the performance
of this Contract, the Contractor will not discriminate against any employee or applicant for employment because of race, color, gender, marital status, ethnicity, religion, age or medical condition as set forth in the California Labor Code Section 177.6, Government Code, Title VII of the Civil Rights Act and the Civil Rights Act of 1991 and any amendments to the above. Such action shall include, but not be limited to the following:
employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoffs or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf Construction Services Agreement – Hardy & Harper, Inc.

Road Repair Services Project (City-Wide Road Repairs)
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of the Contractor; state that all qualified applicants will receive consideration for employment without regard to race, color, gender, marital status, ethnicity, religion, age or medical condition.

In the event of the Contractor’s noncompliance with the nondiscrimination clauses of this Contract or with any of such rules, regulations or orders, this Contract may be canceled, terminated or suspended in whole or part and the Contractor may be declared ineligible for further Government contracts and such other sanctions may be imposed and remedies invoked as provided by law.

1.5.2 Clayton Act and Cartwright Act.In accordance with Section 7103 of the California Public Contract Code, in entering into a public works contract or a subcontract to supply goods, services or materials pursuant to a public works contract, the Contractor or subcontractor offers and agrees to assign to the City all rights, and interest in and all causes of action it may have under Section 4 of the Clayton Act or under the Cartwright Act, arising from the purchases of goods, services or materials pursuant to this Contract.

1.5.3 Subletting and Subcontracting.Contractor acknowledges and agrees
that it is the City’s intent for the provisions of the Subletting and Subcontracting Fair Practices Act (commencing with Section 4100 of the California Public Contract Code) to apply to all phases of the Work.

1.5.4 State Prevailing Wage Requirements.The Contractor’s duty to pay prevailing
wages can be found under California Labor Code Section 1770 et seq. and the penalties for failure to pay prevailing wages and employ apprentices including forfeitures and debarment can be found in California Labor Code Sections 1775 and 1777.7, as such wage rates are amended from time to time. It is the Contractor’s responsibility to ensure payment of prevailing wages and inform all subcontractors that prevailing wage requirements apply to this construction project from commencement of the Contract through completion of the Work.
.aContractor shall pay all employees on said Work a salary or wage at least equal to the prevailing salary or wage established for such Work as set forth in the wage determinations and wage standards applicable to this Work. Contractor shall forfeit to the City, as penalty of not more than Two Hundred Dollars (200.00) for each calendar day or portion thereof, for each worker paid (either by him or any subcontractors under him) less than the prevailing rate described above on the Work provided for in this Contract, all in accordance with the State Labor Code and be subject to debarment from future public works projects with the City for a period not to exceed three (3) years. The Contractor shall not require more than eight (8) hours in a day from any person employed Construction Services Agreement – Hardy & Harper, Inc.

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by him hereunder, except as provided in the Labor Code. The Contractor shall conform to the State Labor Code and it is agreed that the Contractor shall forfeit to the City, as penalty, the sum of Twenty Five Dollars ($25.00) for each worker employed in the execution of this Contract by the Contractor or any subcontractors for each calendar day during which any worker is required or permitted to labor more than eight (8) hours in one day or 40 hours in one week in violation of said article. The Contractor shall indemnify, defend and hold harmless the City, its officials, officers, employees and agents from any and all liability including, but not limited to wages, overtime pay, liquidated damages, penalties, court costs, and attorneys’ fees arising under any wage and hour law including, but not limited to the Federal Fair Labor Standards Act, as amended, for work performed by the Contractor’s employees for which the City may be found jointly or solely liable.

1.5.5 Employment of Apprentices.Pursuant to California Labor Code Section 1777.5, Contractor shall file with the appropriate Joint Apprenticeship Training Committee (“JATC”), a DAS-140 form registering to train apprentices. Only those programs approved by the California Apprenticeship Council are applicable to accept DAS-140 registration forms. In addition, contractor is required to make appropriate training contributions as set forth in the prevailing wage determination to each appropriate JATC, or in the alternative, to the California Apprenticeship Council. .aContractor shall forfeit to the City, as penalty of not more than One Hundred Dollars ($100.00) for each calendar day and be subject to debarment from future public works projects with the City for a period not to exceed three (3) years for failure of Contractor to register to train apprentices or failure to pay the appropriate training contribution.

1.5.6 Certified Payrolls.Pursuant to California Labor Code Section 1776, Contractor shall keep weekly payroll records, which shall be certified under penalty of perjury to record the proper payment of prevailing wages for this Project. City shall accept computer printouts (which are then certified) in lieu of the standard form as long as the computer printout provides all of the same information as required on the certified payroll form. Failure of Contractor to provide the certified payrolls within ten (10) days of a written deficiency notice from the City shall result in a penalty of Twenty Five Dollars ($25.00) per day per worker for each day of violation. City maintains the right to withhold any and all funds due the Contractor and/or his/her subcontractors in the event that certified payrolls are not maintained and provided to the City upon request.

1.5.7 Employment Eligibility.Contractor verifies that it fully complies with all
requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to the Immigration Reform and Control Act of 1986, as may be amended from time to time. Contractor also verifies that it has not committed a violation of any such law within the five (5) years immediately preceding Construction Services Agreement – Hardy & Harper, Inc.

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the date of execution of this Contract, and shall not violate any such law at any time during the term of this Contract. To the same extent and under the same conditions as Contractor, Contractor shall require all of its subcontractors performing any work relating to this Project or this Contract to make the verifications and comply with all requirements and restrictions provided herein. The City shall not be responsible for any costs or expenses related to Contractor’s compliance with the requirements provided for in this section. Should Contractor employ undocumented aliens for the performance of work covered by this Contract, and should any liability or sanctions be imposed against the City for such use of undocumented aliens, Contractor hereby agrees to and shall reimburse City for the cost of all liabilities or sanctions imposed, together with any and all costs, including attorneys’ fees, incurred by City.

1.6 Key Personnel.

1.6.1 Contractor’s Representative. Contractor hereby designates Michael Murray,
Vice-President of Contractor as Contractor’s Representative, who shall be deemed to be Contractor’s agent with express authority to bind Contractor with respect to all matters requiring Contractor’s approval or authorization.

1.6.2 City’s Representative. City hereby designates the Director of the Public Works Department, or his/her designee, as City’s Representative for this Project.

1.7 Independent Contractor.

Contractor shall be an independent contractor, and neither Contractor, its officers, principals, employees, agents, volunteers and subcontractors (collectively hereinafter the “Contractor”), shall be considered employees or agents of City. Neither the City nor any of its officers, employees, agents or volunteers shall have any control over the conduct of the Contractor, except as expressly set forth in this Contract.

Contractor expressly warrants that while engaged in carrying out and complying with any terms and conditions of this Contract that Contractor shall not at any time or in any manner, represent that Contractor is in any manner officers, employees, agents or volunteers of the City. Contractor shall obtain no rights to retirement, health care or any other benefit that accrue to City officials, officers, or employees. Contractor expressly waives any claim to such rights.

1.8 Permits/Licenses.

Contractor verifies that it possesses all required “Class” Contractor’s License(s) adequate
to perform the work herein described and that all subcontractors of Contractor have equivalent licenses for their specific trades. Contractor further verifies that it and its Construction Services Agreement – Hardy & Harper, Inc.

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subcontractors are registered with the California Department of Industrial Relations (“DIR”) to perform public work under the Labor Code.

Contractor understands and assumes all risk and sole responsibility, without any
adjustment to the Contract Price or Contract Time, for obtaining all permits, licenses and approvals that may be necessary for the Project to be completely constructed and ready for occupancy by City.

Prior to or at the time of execution of this Contract, the Contractor shall purchase a
business license permit in conformance with Section 9-1.2 of the Compton Municipal Code.

2.0 SCOPE OF SERVICES

2.1It is the mutual understanding of the parties that all construction services to be performed hereunder shall be performed pursuant to the fee schedule, scope of work, the City Engineer and/or Project Manager, and other requirements contained in the Contract Documents. Contractor agrees to provide and furnish all necessary professionals, managers, supervisors, staff, equipment, materials, laborers, necessary tools, expendable equipment, all utility and transportation services and other facilities required to complete the following Work:

CITY-WIDE ROAD REPAIR SERVICES
The City-Wide Road Repair Services Project is aimed to provide city-wide street pavement services in accordance to the contract specifications and other contract documents. The project will consist of pavement repairs such as slurry seal and grid & overlay remediation methods designated areas throughout the City. The Contract shall provide 40,000 square yards of street preparation, 10,000 tons of asphalt installation, and adjust 12 manholes. The City shall provide the Contractor with street segment(s) and/or location(s) where repairs and work are to be performed. Contractor shall provide staff with the time and costs to complete the work and schedule to perform the requested repairs. After review, the City shall authorize the Contractor to perform the requested repairs and work.

2.2 Management of Construction Work.

In addition to the Construction Work, Contractor shall cooperate with the City, City’s
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Engineer and/or any construction management firm it may utilize as concerns and is incidental to construction projects of the nature and scope of this Project. The services required are not intended in any manner to diminish the overall responsibility of Contractor for the full and final completion of the Construction Work within the time and cost constraints specified in this Contract.

Contractor shall bear all costs associated with this Work, including, but not limited to, all professional, technical, clerical services, materials, tools, equipment, transportation, telephone, etc., used by Contractor in connection with this Work.

3.0 CONTRACT PRICE

3.1 Total Compensation.

As full and complete compensation for the faithful performance of all of the Work hereunder
performed by Contractor in accordance with the Contract Documents, City shall pay, and Contractor agrees to accept, a not-to-exceed maximum sum of One Million Eight Hundred Seventy Nine Thousand Dollars ($1,879,000) (“Contract Price”), subject to adjustments for changes in the Work as may be agreed to in writing by the City and Contractor.

3.2 The Contract Price, unless changed by Change Order, represents the absolute limit
of obligation or liability that City may ever have insofar as the cost for full and final completion of the Work, and the total of all payments to Contractor are concerned.

Should additional amounts be required to be expended, over and above the Contract Price, to achieve completion of the Work, including project construction, and payment to Contractor, in accordance with this Contract, liability for and payment of such additional amounts shall be the sole responsibility of Contractor and its Contract surety herein, and City shall not be liable for same. Should the final cost of the construction work and Contractor’s compensation total less than the Contract Price, or any approved revision thereof, the difference shall inure to the benefit of City and no claim for all or any portion of said difference shall be valid against or payable by City.

3.3 Payments.

Progress payments may be made in arrears based on the percentage of work and deliverables completed by the Contractor. If Contractor fails to submit the required deliverable items according to schedule, the City shall have the right to delay payment and/or terminate this Contract in accordance with the provisions noted herein.

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Contractor shall be reimbursed in accordance with the provisions of California Public
Contract Code, Section 20104.50, upon receipt by the City of itemized invoices for services completed. City will verify the accuracy of the request, correct the charges where appropriate and make payment to the Contractor in an amount equal to the amount of such invoice, as verified or corrected by City. Invoices shall be submitted no later than 45 calendar days after the performance of Work for which the Contractor is billing.

Invoices shall be delivered or mailed to the Public Works Director/City Engineer or his/her designee at the following address: City of Compton, 205 South Willowbrook Avenue, Compton, California 90220.

3.4 Retention.

Contractor agrees to the withholding of a 5% retention fee by the City.

Unless there is a dispute, within sixty (60) days after the date of completion of the Work, the retention fee shall be released. If there is a dispute, the City may withhold from the final payment an amount not to exceed 150% of the disputed amount. For purposes of this section, “completion” means any of the following:
The occupation and use of the improvement by the City after cessation of labor on the Work; or
The acceptance of the Work by the City; or
Cessation of labor on the Work of improvement for continuous period of at least 100 days, due to factors beyond the control of the City; or Cessation of labor on the Work of improvement for continuous period of at least 30 days if the City files for record a notice of cessation or a notice of completion.
-Or-
Pursuant to Section 22300 of the Public Contract Code, this Contract permits the substitution of securities for any monies withheld by a public agency to ensure performance under this Contract. At the request and expense of the Contractor, securities equivalent to the amount withheld shall be deposited with the public agency, or with a state or federally chartered bank as the escrow agent, who shall then pay such monies to the Contractor. Upon satisfactory completion of the Contract, the securities shall be returned to the Contractor.

Securities eligible for investment under this section shall include those listed in Government Code Section 16430 or bank or savings and loan certificates of deposit.

The Contractor shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon.

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In the alternative, under Section 22300, Contractor may request the City to make payment of earned retentions directly to the escrow agent at the expense of Contractor. Also at Contractor‘s expense, Contractor may direct investment of the payments in securities, and Contractor shall receive interest earned on such investment upon the same conditions as provided for securities deposited by Contractor. Upon satisfactory completion of the Contract, Contractor shall receive from the escrow agent all securities, interest and payments received by escrow agent from the City pursuant to the terms of Section 22300. Contractor shall pay to each subcontractor, not later than 20 days after receipt of such payment, the respective amount of interest earned, net of costs attributed to retention withheld from each subcontractor, on the amount of retention withheld to insure performance of Contractor.

3.5 Contractor’s Warranty of Contract Price.

Contractor warrants and represents that the Contract Price, includes without Limitation: (i)
all overhead, general and administrative expenses, including without limitation, both on- site and off-site direct job expenses and home office overhead for the Project and all fees and assessments for building and other permits for which Contractor is responsible, licenses and inspections required for the Project, and (ii) includes and assumes that from time to time Contractor will encounter delays, difficult conditions arising from limited access to work areas or other interferences for which responsibility is not otherwise attributable to Contractor and unforeseen conditions at the Site not constituting differing site conditions. Except as otherwise provided in the Contract Documents, Contractor assumes full responsibility for its examination, investigation and understanding of such delays and difficulties which may be encountered, and shall be deemed to have included in its Contract Price a sum to cover the cost and expense associated therewith.

4.0 TIME

4.1 Time of Essence.

Time is of the essence with respect to all time limits set forth in the Contract Documents.

4.2 Term.

4.2.1 Construction Services. Contractor agrees to commence the Work provided for herein within 10 calendar days after receipt of the Notification to Proceed or as otherwise agreed in writing with the Director of his/her designee, and continue in a diligent, professional and worker-like manner as directed by the City without interruption until the each of the requested segment(s) and/or location(s) identified by the City for repairs and work is completed or within a total of One Hundred Eighty (180) working Construction Services Agreement – Hardy & Harper, Inc.

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days (this period is inclusive of time to procure needed materials, mobilization, etc.), whichever occurs first, unless this Contract is extended, suspended or terminated as provided herein.
.aNotwithstanding any other provisions of this Contract, Contractor shall not be obligated to perform any work and the City shall not be obligated to accept or pay for any work performed by the Contractor prior to issuance of a Notice to Proceed. The City’s knowledge of work being performed prior to issuance of the Notice to Proceed shall not obligate the City to accept or pay for such work. Contractor shall provide all required contract bonds and evidences of insurance prior to commencing work pursuant to this Contract.

4.3 Extensions.

The Contract Time shall not be extended except by a Change Order issued in accordance with the Contract Documents.

4.4 Compensation for Delay.

4.4.1 Sole Remedy. Extensions of time adjusting the Contract Time shall be Contractor's sole and exclusive remedy for delay for reasons beyond its reasonable control.

4.5 Liquidated Damages.

IF CONTRACTOR FAILS TO ACHIEVE SUBSTANTIAL COMPLETION OF THE WORK WITHIN THE PERIODS OF TIME REFERRED TO IN PARAGRAPH 4.2.1 OF

THIS CONTRACT (AS ADJUSTED BY CHANGE ORDER FOR EXTENSIONS

PERMITTED BY THE CONTRACT DOCUMENTS), CITY WILL INCUR DAMAGES, THE

AMOUNT OF WHICH WILL BE DIFFICULT OR IMPOSSIBLE TO ESTABLISH WITH

CERTAINTY, INCLUDING BUT NOT LIMITED TO INEFFICIENCY AND DISRUPTION OF CITY'S OPERATIONS. THE PARTIES THEREFORE AGREE THAT FOR EACH DAY PAST THE COMPLETION DATES REFERRED TO IN PARAGRAPH 4.2.1 (AS

ADJUSTED BY CHANGE ORDER FOR THE EXTENSIONS PERMITTED BY THE

CONTRACT DOCUMENTS) THAT THE WORK IS NOT SUBSTANTIALLY

COMPLETE, CONTRACTOR SHALL PAY CITY THE SUM OF ONE THOUSAND DOLLARS ($1,000) FOR EACH CALENDAR DAY DELAYED BEYOND THE TIME PRESCRIBED FOR FINISHING THE WORK AS LIQUIDATED DAMAGES. THIS SUM

REPRESENTS A REASONABLE EFFORT TO ESTIMATE FAIR COMPENSATION

FOR THE FORESEEABLE LOSSES CITY WILL INCUR ON ACCOUNT OF DELAYS IN SUBSTANTIAL COMPLETION OF THE WORK AND IS NOT A PENALTY. IF

LIQUIDATED DAMAGES ARE NOT PAID, THE CITY MAY DEDUCT THE AMOUNT

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CONTRACTOR UNDER THIS CONTRACT IN ADDITION TO ANY OTHER REMEDY AVAILABLE TO THE CITY. CONTRACTOR SHALL NOT BE ASSESSED

LIQUIDATED DAMAGES IF THE DELAY IS CAUSED BY ACTS OF GOD WHICH COULD NOT REASONABLY HAVE BEEN FORSEEN OR GUARDED AGAINST; STRIKES, BOYCOTTS OR LIKE OBSTRUCTIVE ACTIONS BY CONTRACTOR’S OR IT’S SUBCONTRACTOR’S EMPLOYEES WHICH ARE BEYOND CONTRACTOR’S CONTROL; FAILURE OF CITY TO PERFORM; OR FAILURE OF A PUBLIC UTILITY

TO RELOCATE OR REMOVE AN EXISTING UTILITY REQUIRED FOR
PERFORMANCE OF THIS CONTRACT. CITY AND CONTRACTOR HEREBY

INDICATE THEIR CONTRACT TO THE FOREGOING LIQUIDATED DAMAGES PROVISION:
____________________________
________________________________________
City of Compton – City Manager Contractor – Hardy & Harper, Inc.

4.6 Construction Schedule.

Contractor shall prepare and submit to City a detailed Construction Baseline Schedule (showing all milestones with critical activities on the Baseline Schedule) for each street segment(s) and/or location(s) identified and requested for repairs and Work prior to commencing construction. No Work shall be started until the Schedule has been approved in writing by the City. The Construction Schedule shall be prepared, utilizing a time-scaled bar chart showing continuous flow from left to right and major milestones which are critical to the completion of the construction of the project and a clearly highlighted critical path. Durations and specific calendar dates shall be clearly and legibly shown for the start and finish of each activity. Activities shall be in sufficient detail to demonstrate a practical plan to complete the construction within the Contract Time.

5.0 CONSTRUCTION PHASE

5.1 General.

5.1.1Contractor shall completely perform, to City’s satisfaction, all of the Work in
accordance with this Contract and other Contract Documents.

5.1.2Unless otherwise provided in the Contract Documents, Contractor shall furnish, or
cause to be furnished, and shall pay for all labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation and other facilities and Construction Services Agreement – Hardy & Harper, Inc.

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services necessary for proper execution and completion of the Work, whether temporary or permanent and whether or not incorporated or to be incorporated into the Work.

5.1.3Contractor shall attend meetings with City as frequently as is necessary to the
expeditious performance of the Work for the purpose of discussing construction issues which may arise during the Project.

5.2 Supervision of Work.

Contractor shall supervise and direct the Work, using Contractor’s best skill and attention. Contractor shall be solely responsible for and have control over all construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work.

5.3 Permits, Approvals, Licenses and Notices.

Contractor shall obtain and pay for (i) all permits, approvals, licenses and easements; and (ii) government charges and inspection fees pertaining to the construction of the Project.

5.4 Safety.

5.4.1Contractor shall have overall responsibility for safety precautions and programs in the performance of the Work.

5.4.2Contractor shall seek to avoid injury, loss or damage to persons or property by taking reasonable steps to protect:
.aEmployees and all other persons at the Project
sites/locations;
.bMaterials and equipment stored on the Project sites/locations or off the
Project sites/locations at locations for use in performance of the Work; and .cThe Project and all property located at the Project
sites/locations, whether or not said property or structures are part of the Project or involved in the Work.

5.4.3Contractor shall designate an individual at the Project sites/locations in the employ
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of Contractor who shall act as Contractor’s designated safety representative with a duty to prevent accidents.

5.4.4Losses not insured under property insurance which may arise from the performance of the Work, to the extent of the negligence attributed to such acts or omissions of Contractor or anyone for whose acts Contractor may be liable, shall be promptly remedied by Contractor at Contractor’s cost and without reimbursement by City as a cost of work, or in any other manner.

5.4.5If City deems any part of the Work or Project sites/locations unsafe, City may require Contractor, without assuming responsibility for Contractor’s safety program, to immediately stop performance of the Work or take corrective measures.

Neither City’s order nor Contractor’s action in response thereto shall be the basis for adjustment in the Contract Price or Contract Time.

5.4.6Should this work involve digging trenches or other excavations that extend deeper than four (4) feet below the surface, the Contractor shall promptly, and before the following conditions are disturbed, notify the City, in writing, of any:
.aMaterial the Contractor believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code that is required to be removed to a Class I, Class II or Class III disposal Project sites/locations. .bSubsurface or latent physical conditions at the Project sites/locations differing from those indicated by information about the Project sites/locations made available to bidders prior to deadline for submitting bids. .cUnknown physical conditions at the Project sites/locations of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract.

5.4.7Contractor represents that in advance of the excavation of any trench deeper than
five (5) feet, it shall submit for acceptance by the City or a registered civil or structural engineer, employed by the City, to whom authority to accept has been delegated, in advance of excavation, of a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. If such plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer.

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5.5 Substitutions.

There shall be no substitutions in the Work or procedures or methods specified by the
Contract Documents for performing the Work, unless Contractor first receives written approval for such substitution from City.

5.6 Trade Contractors.

5.6.1If applicable, Contractor shall employ only Trade Contractors who are duly licensed and qualified to perform the Work consistent with the Contract Documents. Each Trade Contractor, of every tier, shall be fully bound to the Contract Documents in the same manner as Contractor is bound to City for all the requirements of the Contract Documents to the extent applicable to the Trade Contractor’s portion of the Work.

5.6.2Contractor assumes responsibility for the proper performance of the Work of Trade
Contractors, of every tier, and any acts or omissions in connection with such performance.

Contractor shall coordinate the activities of all Trade Contractors, of every tier.

5.7 Separate Contractors.

5.7.1Contractor agrees to reasonably cooperate with, and coordinate its activities so as not to interfere with, those Separate Contractors performing work at the Project sites/locations, so that the Project can be completed in an orderly and coordinated manner without delay.

5.7.2If any part of the Work depends upon other work performed by Separate
Contractors, Contractor shall, prior to proceeding with that part of the Work, inspect such other work and promptly notify the City of any circumstance or fact that would render such other work unacceptable for the proper performance of the Work. Contractor shall not proceed with such part of the Work without further direction from the City. Contractor shall be liable for losses incurred due to any defects in such other work not so reported by Contractor.

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6.0 ACCOUNTING RECORDS

6.1 Access.

Contractor shall keep, and shall include in its contracts with its Trade Contractors,
provisions requiring its Trade Contractors to keep, full and detailed accounts in accordance with the requirements of the Contract Documents and exercise such controls as may be necessary for proper financial management of the Work. Such accounting and control systems shall comply with prevailing custom and practice for similar Projects and be satisfactory to City and shall include preservation of such records for a period of four (4) years after final completion of the Work, or for such longer period as may be required by law.

Contractor shall allow, and shall include in its contracts with its Trade Contractors,
provisions requiring its Trade Contractors to allow, City or its authorized representative(s) and accountants, within twenty-four (24) hours after requested by City, to inspect, audit or reproduce any and all records relating to the Project. Such records shall include all information, materials and data of every kind and character (hard copy, as well as computer readable data if it exists), that may, in City's judgment, have any bearing on or pertain to any matters, rights, duties or obligations relating to the Project, including without limitation the following: Contracts; purchase orders; leases; contracts; commitments; arrangements; notes; schedules; daily diaries; superintendent reports; drawings; receipts; vouchers; memoranda; accounting records; job cost reports, job cost files (including documentation covering negotiated settlements); backcharge logs; general ledgers; documentation of cash and trade discounts earned, insurance rebates and dividends; any documents customarily maintained by contractors performing work on a cost plus a fee basis; other documents that City otherwise deems necessary to substantiate charges or claims related to the Project.

6.2 Enforcement.

Contractor hereby consents and agrees that any failure by Contractor to provide access to
records as provided in this Article 6.0 shall be specifically enforceable by issuance of a preliminary and/or permanent mandatory injunction by a court of competent jurisdiction based on affidavits submitted to such court, without the necessity of oral testimony, to compel Contractor to permit access, inspection, audit and/or reproduction of the records or to require delivery of the records to City for inspection, audit and/or reproduction.

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7.0 INDEMNITY, BONDS

7.1 Indemnity.

7.1.1 General Indemnity. To the fullest extent allowed by law, Contractor hereby
agrees to defend, indemnify, and hold harmless City, its City Council, boards and commissions, officials, officers, agents, employees, representatives, insurers and volunteers (hereinafter collectively referred to as "City") through legal counsel acceptable to City, from and against any and all Losses arising directly or indirectly from, or in any manner relating to, any of the following: (i) any act or omission (negligent or otherwise) of Contractor, or by its Trade Contractors, of any tier; (ii) performance or nonperformance by Contractor or its Trade Contractors, of any tier, of any of the obligations under this Contract or the other Contract Documents; (iii) the construction activities of Contractor, or its Trade Contractors, of any tier, either on the Site or on other properties; (iv) the payment or nonpayment of money by Contractor, or by any of its Trade Contractors, of any tier; or (v) any personal injury, property damage or economic loss to third persons or entities associated with the performance or nonperformance by Contractor, or any of its Trade Contractors, of any tier; provided, however, that nothing contained herein shall be construed as obligating Contractor to indemnify the City for losses resulting from the City’s sole negligence, active negligence or willful misconduct. Contractor shall pay City for any costs incurred in enforcing the defense and/or indemnity obligations under this provision.

Nothing in this Section 7.1 shall be construed to give rise to any implied right of indemnity in favor of Contractor against the City.

7.1.2 Survival. The provisions of Paragraph 7.1.1 shall survive complete performance or termination of this Contract.

7.1.3 Severability. The invalidity of any portion of Paragraph 7.1.1 shall not affect or render unenforceable any other portions thereof.

7.2 Bonds.

7.2.1 Bond Forms. Prior to commencing any construction of the Work, and concurrently
with the execution of this Contract, Contractor shall file with City good and sufficient "Labor and Material Payment" and "Performance" bonds in the amount of one hundred percent (100%) of the Contract Price for each. Contractor shall take steps to assure that the penal sum of the bonds shall be increased by the amount of any additive adjustments to the Contract Price due to Change Orders. The bonds shall be on forms satisfactory to and approved by City, signed by both Contractor and surety and properly notarized.

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that fully complies with the requirements of this Paragraph 7.2.1. No further payments to Contractor for work performed shall be made or become due until Contractor has fully complied with the requirements of this Section 7.2.

7.2.2 Duration. The payment bond shall remain in effect until sixty (60) days after final completion of the Work and all claims by Contractor and Trade Contractors, of every tier, have been satisfied. The performance bond provided by Contractor shall remain in effect for the duration of the period of all warranties required by the Contract Documents and shall assure faithful performance of all of Contractor's obligations under the Contract Documents, including, without limitation, all obligations that survive final completion or termination, such as but not limited to Contractor's obligations under its warranties, guarantees and to defend and indemnify City.

7.2.3 Premiums. The premiums for all bonds are included in the Contract Price and
shall be paid by Contractor.

7.2.4 Obligees. The performance and payment bonds shall name the City as obligee.

7.2.5 Changes. Change Orders, Field Orders, Modifications, Scope Changes and other
Changes in the Work and adjustments to the Contract Price or Contract Time shall in no way release or exonerate Contractor or its sureties from their obligations and notice thereof shall be waived by such sureties.

7.2.6 Communications. City shall have the right to communicate with Contractor's sureties with respect to matters that are related to Contractor's performance of its obligations under the Contract Documents. Such communications shall not create or be interpreted as creating any contractual relationship between City and any such surety.

8.0 INSURANCE

8.1 Insurance Requirements.The Contractor shall not commence Work under this Contract until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this Section 8.0.

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the following program(s) of insurance covering its operations hereunder. Failure on the part of the Contractor to procure or maintain insurance shall constitute a material breach upon which the City may immediately terminate this Contract. Contractor agrees to suspend and cease all operations hereunder during such period of time as the required insurance coverage is not in effect and evidence of insurance has not been furnished to the City. In the event that the Contractor's operations are suspended for failure to maintain required insurance coverage, the Contractor shall not be entitled to an extension of time for completion of the Work because of production lost during suspension.

8.2 Minimum Scope of Insurance.Insurance coverage specified herein constitutes the minimum requirements and said requirements shall in no way lessen or limit the liability of the Contractor under the terms of the Contract. Contractor shall procure and maintain, at its own costs and expense, any additional kinds and amounts of insurance that, in its own judgment, may be necessary for its proper protection of the work.

All insurance required hereunder shall be primary with respect to any insurance maintained by the City and shall not call on the City’s program for contributions.

Program(s) of insurance shall include:

8.2.1 Commercial General Liability.Insurance which affords coverage at least as
broad as Insurance Services Office "occurrence" form CG 00 01 11 88, with minimum limits of at least One Million Dollars ($1,000,000.00) per occurrence, and if written with an aggregate, the aggregate shall be double the per occurrence limit. Defense costs shall be paid in addition to the limits. Products and completed operations coverage shall be maintained for a minimum of two years after completion of the Work. .aThe policy shall contain no endorsements or provisions limiting coverage
for (1) explosion, collapse or underground hazard (XCU); (2) products and completed operations; (3) contractual liability; (4) third party action over claims; (5) cross liability exclusion for claims or suits by one insured against another; or (6) contain any exclusions contrary to the Contract.

8.2.2 Automobile Liability.Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 00 01 06 92 covering "Any Auto" (Symbol 1) with minimum limits of One Million Dollars ($1,000,000.00) each accident. If Contractor does not own any company vehicles, the requirement may be satisfied by providing (a) a Personal Automobile Liability policy for the Contractor's own vehicle (as specified in the following paragraph); and (b) a non-owned auto endorsement to the Commercial General Liability policy if Contractor may use vehicles of others (e.g., Construction Services Agreement – Hardy & Harper, Inc.

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vehicles of employees). Independent Contractors may not be able to purchase a Business Automobile policy and consideration may be given to accepting a Personal Automobile Liability policy. Requirements should stipulate "Automobile Liability Insurance with a limit of not less than $1,000,000 each accident.”

8.2.3 Workers' Compensation.Workers' Compensation Insurance, as required by the State of California and Employer's Liability Insurance, with a limit of not less than One Million ($1,000,000.00) per accident for bodily injury and disease.

Workers' Compensation and Employer's Liability insurance may not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this.

8.3 Endorsements.Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval.

8.3.1The policy or policies of insurance required by Section 8.2.1 (Commercial General Liability) shall be endorsed to provide the following:
.aAdditional Insured: The City, its officials, officers, employees, agents, and volunteers shall be named as “additional insured” with regard to liability and defense of suits or claims arising out of the performance of the Contract. .bAdditional Insured Endorsements shall not (1) be restricted to "ongoing operations"; (2) exclude "contractual liability"; (3) restrict coverage to "sole" liability of Contractor; or (4) contain any other exclusions contrary to the Contract. .cCancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City, except ten (10) days written notice shall be provided for non- payment of premium.

8.3.2The policy or policies of insurance required by Section 8.2.2 (Automobile Liability) shall be endorsed to provide the following:
.aCancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City, except ten (10) days written notice shall be provided for non- payment of premium.

8.3.3The policy or policies of insurance required by Section 8.2.3 (Workers' Compensation) shall be endorsed to provide the following:

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.aWaiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the indemnified parties. .bCancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City, except ten (10) days written notice shall be provided for non- payment of premium.

8.4 Waiver of Subrogation.Required insurance coverage’s shall not prohibit Contractor from waiving the right of subrogation prior to a loss. Contractor shall waive all subrogation rights against the indemnified parties. Policies shall contain or be endorsed to contain such provisions.

8.5 Deductible. Any deductible or self-insured retention must be approved in writing by the City and shall protect the indemnified parties in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention.

8.6 Evidence of Insurance.The Contractor, concurrently with the execution of the Contract, and as a condition precedent to the effectiveness thereof, shall deliver certified copies of the required policies on forms approved by the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.

8.7 Acceptability of Insurers.Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and authorized to do business in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.

8.8 Insurance for Subcontractors.All subcontractors shall be included as additional insured’s under the Contractor's policies, or the Contractor shall be responsible for causing subcontractors to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City as an “additional insured” to the subcontractor's policies. Contractor shall submit proof of compliance with this provision upon request of the City.

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9.0 CHANGE ORDERS

9.1 Changes.City has the right, in its sole discretion, to make whatever changes it
deems necessary or desirable to the Work; no change ordered by City shall entitle Contractor to an adjustment of the Contract Price or Contract Time unless it constitutes a Scope Change.

9.2 Change Orders.A Change Order is a written order signed by City and Contractor,
and issued after execution of this Contract, authorizing an adjustment in the Contract Price and/or Contract Time. The Contract Price and Contract Time can be adjusted only by Change Order. No action, conduct, omission, prior failure or course of dealing by City shall act to waive, modify, change or alter the requirement that Change Orders must be in writing signed by City and that such written Change Orders are the exclusive method for effecting any adjustment to the Contract Price and Contract Time.

10.0 CERTIFICATIONS

10.1 Certification of Contractor.I, Michael Murray, HEREBY CERTIFY that I am the Vice - President, and duly authorized representative of the Contractor firm of Hardy & Harper, Inc. and that, except as hereby expressly stated, neither I nor the above firm that I represent have: (i) employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above consultant) to solicit or secure this Contract; nor (ii) agreed, as an express or implied condition for obtaining this Contract, to employ or retain the services of any firm or person in connection with carrying out the Contract; nor (iii) paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above consultant) any fee, contribution, donation, or consideration of any kind, for or in connection with, procuring or carrying out this Contract.

10.2 Debarment and Suspension Certification.The Contractor, under penalty of perjury,
certifies that, except as noted below, he/she/it or any other person associated therewith in the capacity of
owner, partner, director, officer, manager:

10.2.1Is not currently under suspension, debarment, voluntary exclusion, or
determination of ineligibility by any Federal, State or local agency; and

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determined ineligible
by any Federal, State or local agency within the past 3 years; and

10.2.3Does not have a proposed debarment pending; and

10.2.4Has not been indicted, convicted, or had a civil judgment rendered against
him/her/it by a court of competent jurisdiction in any matter involving fraud or official misconduct in connection with obtaining, attempting to obtain, or performing a public (Federal, state or local) transaction or contract under a public transaction; violation of Federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property within the past 3 years; and

10.2.5Are not presently indicted or otherwise criminally or civilly charged by a
governmental entity (Federal, State or local) with commission of any of the offenses enumerated in the preceding paragraph; and

10.2.5Have not had one or more public transactions (Federal, State or local) terminated
for cause or default within the past 3 years.

If there are any exceptions to this certification, insert the exceptions in the following space.
[Supply exceptions on separate page]
For any exception noted above, indicate below to whom it applies, initiating agency, and dates of action.
[Attach separate page]
These certifications are a material representation of fact upon which reliance was placed when this transaction was made or entered into. The above certifications are part of this Contract. Signing this Contract on the signature portion thereof shall also constitute signature of the above Certifications.
________________________________________
___________________
Michael Murray, Vice-President (Date) Construction Services Agreement – Hardy & Harper, Inc.

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11.0 DEFAULT AND TERMINATION

11.1 Default by Contractor.

11.1.1 Notice of Default. Without limitation to any of City’s other rights or remedies at law or in equity, City shall have the right to terminate this Contract in the event that Contractor fails or refuses to perform any of the obligations set forth in this Contract or the other Contract Documents, and fails to cure such default in the manner required hereafter.

11.1.2 Opportunity to Cure Default. Contractor shall cure any default in performance
of its obligations under the Contract Documents within two (2) business days after receipt of written notice of such default from City; provided, however, that if the breach cannot reasonably be cured within such time then Contractor will commence to cure the breach within two (2) days and will diligently and continuously prosecute such cure to completion within a reasonable time, which shall in no event be later than ten (10) working days after receipt of such written notice.

11.2 City's Rights and Remedies Upon Default.

11.2.1 Remedies Upon Default. In the event that Contractor fails to cure any breach of this Contract within the time periods set forth above, then City may pursue any remedies available under law or equity, including, without limitation, the following:
.a Delete Certain Services. City may, without terminating this Contract,
delete certain portions of the Work, reserving to itself all rights to recover losses related thereto.
.b Perform and Withhold. City may, without terminating this Contract,
engage others to perform the Work or portion of the Work that has not been performed by Contractor and withhold the cost thereof to City from future payments to Contractor, reserving to itself all rights to recover losses related thereto. .c Suspend this Contract. City may, without terminating this Contract
and reserving to itself all rights to recover losses related thereto, suspend all or any portion of this Contract for as long a period of time as City determines, in its sole discretion, appropriate, in which event City shall have no obligation to adjust the Contract Construction Services Agreement – Hardy & Harper, Inc.

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Price or Contract Time, and shall have no liability to Contractor for adjustment to the Contract Price, Contract Time, or for losses, if City directs Contractor to resume Work. .d Terminate this Contract. City may terminate all or any part of this
Contract for cause according to the notice provisions set forth in this Contract, reserving to itself all rights to recover losses related thereto. .e Invoke the Performance Bond. City may, with or without terminating this
Contract and reserving to itself all rights to recover losses related thereto, exercise its rights under the Contractor’s performance bond.

11.2.2 Rights Cumulative. All of City’s rights and remedies under this Contract is
cumulative, and shall be in addition to those rights and remedies available in law or in equity. Designation in the Contract Documents of certain breaches as “material” shall not be construed as implying that other breaches not so designated are not material nor shall such designations be construed as limiting City’s right to terminate or the exercise of its other rights or remedies for default to only material breaches. City shall determine whether there has been noncompliance with the Contract Documents so as to warrant exercise by City of its rights and remedies for default. No termination or action taken by City after termination shall prejudice any other rights or remedies of City provided by law or equity or by the Contract Documents upon such termination; and City may proceed against Contractor to recover all losses suffered by City.

11.2.3 Monies. In the event of a termination or suspension of all or a portion of the Work due to a default by Contractor, City shall have the right, without releasing Contractor or its sureties from liability for failure to fulfill this Contract, to withhold all or a portion of the monies owing or retained until final completion of the Work. Any cost over and above the Contract Price arising from the suspension of operations of this Contract and the completion of the Work shall be paid by Contractor's sureties. Contractor will be paid any surplus monies remaining after all contract disputes have been resolved and finally determined.

11.2.4 Delays by Sureties. Without limitation to any of City’s other rights or remedies
under the law or in equity, City has the right to suspend the performance by Contractor's sureties in the event of any of the following: (i) failure of the sureties to begin work within a reasonable time in such manner as to ensure full compliance with the Contract Documents within the Contract Time; (ii) abandonment of the Work; (iii) if at any time City is of the opinion the Work is unnecessarily or unreasonably delayed; (iv) willful violation of any terms of this Contract; (v) failure to perform according to this Contract or the other Construction Services Agreement – Hardy & Harper, Inc.

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Contract Documents; or (vi) failure to follow instructions of City for performance of the Work within the Contract Time. City will serve notice of such failure upon the sureties and in the event the sureties neglect or refuse to cure the breach within the time specified in such notice, City shall have the power to suspend the operation or any part thereof of Contractor’s sureties.

11.2.5 Contractor Obligations. Upon receipt of a notice of termination for default, Contractor shall, unless the notice states otherwise, perform each of the obligations set forth in Paragraph 11.4.1, below.

11.2.6 Damages to City.
.a Reservation of Remedies. City will be entitled to all damages available
under the law, and all rights in equity, in the event of Contractor's breach of this Contract or the other Contract Documents.
.b Deductions. If City suffers a loss due to Contractor's nonperformance,
then such loss shall be deducted from the amounts withheld. Should the amount withheld exceed the amount deducted, the balance will be paid to Contractor or its designee upon completion of the Project. If the loss incurred by City exceeds the amount withheld, Contractor shall be liable to City for the difference and shall promptly remit same to City. .c No Release. If, however, City elects to terminate this Contract for
cause, all monies due Contractor or retained under the terms of the Contract Documents shall be forfeited to City. Such forfeiture shall not release Contractor or its sureties from liability for failure to fulfill this Contract. Contractor and its sureties will be credited with the amount of monies forfeited toward any greater sum they may be liable for in connection with Contractor's default.

11.3 Suspension by City for Convenience.City may, at any time and from time to time,
without cause, order Contractor, in writing, to suspend, delay, or interrupt the Work in whole or in part for such period of time, up to an aggregate of fifty percent (50%) of the Contract Time, as City may determine, with such period of suspension to be computed from the date of the written order. Without limitation to the foregoing, Contractor acknowledges that issuance of a suspension order by City due to circumstances relating to City’s compliance with the California Environmental Quality Act is foreseeable and that such suspension order, regardless of its duration, shall not be considered a breach by City of this Contract. Upon receipt of a suspension order, Contractor shall, at City’s expense, comply with its terms and take all reasonable steps to minimize costs allocable Construction Services Agreement – Hardy & Harper, Inc.

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to the Work covered by the suspension order during the period of work stoppage. Within the period of the above noted aggregate time, or such extension to that period as is agreed upon by Contractor and City, City shall either cancel the suspension order or it shall have the right, without incurring a liability to Contractor for lost profits or consequential damages, to delete the Work covered by such suspension order by issuing a Change Order.

11.3.1 Resumption. If a suspension order is canceled or expires, Contractor shall
resume and continue with the Work. A Change Order will be issued adjusting the Contract Price and/or the Contract Time for additional costs of work and delay necessarily caused by such suspension.

11.3.2 Suspension Order Required. The provisions of this Section 11.3 shall not apply
if a suspension order is not issued by City. A suspension order shall not be required to stop the Work as permitted or required under any other provision of the Contract Documents.

11.4 Termination Without Cause.City shall have the option, at its sole discretion and
without cause, to terminate this Contract in part or in whole by giving thirty (30) days' written notice to Contractor as provided herein. Contractor agrees to accept such sums as allowed under this Section 11.4 as its sole and exclusive compensation and waives any claim for other compensation or Losses, including, but not limited to, Loss of anticipated profits, Loss of revenue, lost opportunity, or other consequential, direct, indirect, incidental Losses or damages, of any kind.

11.4.1 Contractor Obligations. Upon receipt of notice of termination without cause,
Contractor shall, unless the notice directs otherwise, do the following:
.aImmediately discontinue performance to the extent specified in the notice;
.bPlace no further orders or subcontracts for materials, equipment, services
or facilities, except as may be necessary for completion of such portion of its obligations as is not discontinued;
.cProvide to City a description, in writing no later than two (2) business days
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after receipt of the notice of termination, complete copies of all subcontracts, purchase orders and contracts that are outstanding, including any change orders, amendments and modifications thereto, status of payments and balance owing, the status of performance and claims by Trade Contractors, together with such other information as City may determine necessary in order to decide whether to accept assignment of, or request Contractor to terminate the subcontract, purchase order or contract; .dPromptly assign to City those subcontracts, purchase orders or contracts,
or portions thereof, that City elects to accept by assignment and cancel, on the most favorable terms reasonably possible, all subcontracts, purchase orders or contracts, or portions thereof, that City does not elect to accept by assignment; and .eThereafter continue only such performance as may be
necessary to
preserve and protect work already completed or in progress and to protect materials and equipment on the Site or in transit thereto.

11.4.2 Final Billing. Following termination without cause and within thirty (30) days after
receipt of a complete and timely billing from Contractor seeking payment of sums authorized by this Paragraph 11.4.2, City shall pay to Contractor as its sole and exclusive compensation for performance under this Contract the following:
.aThe Contract Price earned and payable as of the date of termination, less
sums previously paid to Contractor;
.bPlus, reasonable costs of work of Contractor and Trade Contractors for
(i) demobilizing, and (ii) administering the close out of its participation in the Project (including, without limitation, all billing and accounting functions) for a period of no longer than thirty (30) days after receipt of the notice of termination;

11.4.3 Trade Contractors. Contractor shall include provisions in all of its subcontracts,
purchase orders and other contracts with its Trade Contractors permitting termination for convenience by Contractor on terms that are consistent with this Contract and that afford no greater rights of recovery against Contractor for termination than are afforded to Contractor.

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11.5 Contractor's Rights and Remedies.

11.5.1 Contractor's Remedies. Contractor may terminate this Contract for cause only
upon the occurrence of one of the following:
.aThe work is stopped for one hundred sixty (160) consecutive days, through
no act or fault of Contractor, any Trade Contractor, of any tier, or any employee or agent of any of them, due to issuance of an order of a court or other governmental authority other than City having jurisdiction or due to an act of government, such as a declaration of a national emergency making material unavailable.
.bCity fails to make payment of sums that are not in good faith disputed by
City and fails to cure such default within (i) ninety (90) days after receipt of notice from Contractor notifying City of the default; and (ii) an additional thirty (30) days notice to City notifying it of its intention to terminate this Contract.

11.5.2 Continuous Performance. Provided that Contractor is paid undisputed sums due
under this Contract, Contractor shall not stop, delay or interrupt continuous performance of the Work by reason of any dispute or disContract with City, including, without limitation, any disputes or disContracts over payments of funds that are disputed in good faith by City.

12.0 MISCELLANEOUS PROVISIONS

12.1 Warranties.Contractor warrants and guarantees all equipment, materials, supplies and work furnished on the Project against defective construction or workmanship for a period of one (1) year following completion of the Project, except when a longer guaranty is provided by the supplier or manufacturer of the equipment. The Contractor warrants to the City that all materials and equipment furnished under this Contract will be new unless specified and that all work will be of good quality, free from faults and defects and in conformance with the Contract Documents. All work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. Contractor expressly agrees to act as co-guarantor of such equipment and materials and the Contractor shall supply City with all warranty and guaranty documents relative to equipment and materials incorporated in the Work and guaranteed by their suppliers or manufacturers.

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Work is found
to be defective or not in accordance with the Contract documents, Contractor shall correct it or cause it to be corrected promptly after receipt of a written notice from the City to do so, at the Contractor’s expense. This obligation shall survive completion or termination of the Contract. The City shall give notice promptly after discovery of the condition.

12.2 Governing Law.This Contract shall be governed by the laws of the State of
California. In the event of litigation between the parties, venue in state trial courts shall lie exclusively in the County of Los Angeles. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in Los Angeles.

12.3 Waiver of Jury Trial.Contractor voluntarily waives its right to a jury trial of any cause of action, claim, counter-claim or cross-complaint in any action, proceeding or hearing on any matter whatsoever arising out of, or in any way connected with, this Contract, the relationship between City and Contractor, Contractor’s performance on the Project, or the enforcement of any remedy under any law, statute or regulation now or hereafter in effect. Contractor shall include this provision for waiver of jury trial right in its contracts with its Trade Contractors who provide work to the Project, waiving the right of a jury trial in any action involving City as a party, whether by joinder, consolidation, counter-claim, cross-complaint or otherwise.

12.4 Severability.Should any part of this Contract be declared by a final decision by a
court or tribunal of competent jurisdiction to be unconstitutional, invalid, or beyond the authority of either party to enter into or carry out, such decision shall not affect the validity of the remainder of this Contract, which shall continue in full force and effect, provided that the remainder of this Contract, absent the unexcised portion, can be reasonably interpreted to give effect to the intentions of the parties.

12.5 Successors and Assigns.This Contract shall be binding on successors, assigns
and legal representatives of and persons in privity of contract with City or Contractor.

Contractor shall not assign, sublet or transfer an interest in this Contract without advance written approval of City. Assignment, subletting or transfer will not release Contractor from any of its obligations to City.

12.6 Interpretation.Contractor and City acknowledge that the terms of this Contract has
been mutually negotiated and that such documents shall not be interpreted against either City or Contractor on the basis that either party was responsible for or in control of the drafting of such documents.

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12.7 Survival.All provisions of this Contract which by their nature continue beyond the
termination or completion of performance under this Contract, including, without limitation, those obligations pertaining indemnification, insurance and confidentiality, shall survive and continue in force after either termination or completion of performance by Contractor.

12.8 Conflict of Interest.The Contractor represents, warrants and agrees that to the best of its knowledge, it does not presently have, nor will it acquire during the term of this Contract, any interest direct or indirect, by Contract, employment or otherwise, or as a partner, joint venturer or shareholder (other than as a shareholder holding a one percent (1%) or less interest in publicly traded companies) or affiliate with any business or business entity that has entered into any Contract, subcontract or arrangement with the City. Upon execution of this Contract and during its term, as appropriate, the Contractor shall disclose in writing to the City, any other Contract or employment during the term of this Contract by any other persons, business or corporation in which employment will or may likely develop a conflict of interest between the City interest and the interests of the third parties.

12.9 City’s Quality Assurance Plan.The City shall evaluate Contractor’s performance under this Contract. Such evaluation will include assessing Contractor’s compliance with all Contract terms and performance standards. Contractor deficiencies which the City determines are severe or continuing and that may place performance of the Contract in jeopardy if not corrected will be reported to the City. The report will include improvement/corrective action measures taken by the City and the Contractor. If improvement does not occur consistent with the corrective action measures, the City may terminate this Contract or seek other remedies as specified in this Contract.

12.10 Copyrights.No report, maps, or other documents produced in whole or in part under
this Contract shall be the subject of an application for copyright by or on behalf of the Contractor. All documents become the property of the City who holds all the rights to said data.

12.11 Confidentiality of Reports.The Contractor shall keep confidential all reports, information and data received, prepared or assembled pursuant to performance hereunder. Such information shall not be made available to any person, firm, corporation or entity without the prior written consent of the City.

12.12 Employees of Contractor.Worker’s Compensation: Contractor understands and
agrees that all persons furnishing services to the City pursuant to this Contract are, for the purposes of
workers’ compensation liability, employees solely of Contractor. Contractor shall bear sole responsibility
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and liability for providing workers’ compensation benefits to any person for injury arising from an accident
connected with services provided to the City under this Contract.

Professional Conduct: The City does not and will not condone any act, gestures, comments or conduct from the Contractor’s employees, agents or subcontractors which may be construed as sexual harassment or any other type of activity or behavior that might be construed as harassment. The City will properly investigate all charges of harassment by residents, employees, agents or subcontractors.

12.13 Patent Rights.The City will hold all the patent rights with respect to any discovery or invention which arises or is developed in the course of, or under this Contractor.

12.14 Waivers.A waiver by either party to this Contract of any breach of any term,
covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character.

12.15 Federal and State Withholding Taxes.Contractor shall be responsible for paying when due all federal and state income withholding taxes for all earning under this Contract. Contractor agrees to indemnify City for any claims, costs, losses, fees, penalties, interest, or damages suffered by City resulting from Contractor’s failure to comply with this provision.

12.16 Entire Contract.The Contract Documents represent the entire and integrated
Contract between City and Contractor and supersedes all prior negotiations, representations or Contracts, either written or oral. The Contract Documents may be amended or modified only by Change Order. Nothing contained in the Contract Documents shall be for the benefit of, create any contractual relationship with, or give rise to a cause of action in favor of any third party.

12.17 Water Pollution Control.

12.17.1 Best Management Practices (BMPs).Contractor, without limitation, shall be responsible to provide and implement Best Management Practices to comply with National Pollution Discharge Elimination System (“NPDES”) standards and practices. The Contractor shall be responsible, to the fullest extent possible, not to permit any contaminants, including soil, to enter any drainage system. Contractor shall be responsible to maintain equipment so that oil, grease, gasoline, diesel fuel, et al., does not contaminate areas subject to run-off. The Contractor and its surety shall fully Construction Services Agreement – Hardy & Harper, Inc.

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indemnify the City for any pollution damage and/or cleaning costs. All construction of off- site and on-site improvements shall adhere to NPDES Best Management Practices to prevent deleterious materials or pollutants from entering the City or County storm drain systems. Best Management Practices shall be defined as any program, technology, process, site criteria, operating method, measure or device which controls, prevents, removes or reduces pollution. Contractor shall obtain and refer to the California Storm Water Best Management Practice Handbooks, Volume 3 Construction BMP Handbook and the Los Angeles County Department of Public Works Best Management Practices Handbook for Construction Activities.

The City, as permittee, is subject to enforcement actions by the State
Water Resources Control Board, Environmental Protection Agency and private citizens.

The City may assess the Contractor a penalty of One thousand Dollars ($1,000.00) for each calendar day that the Contractor has not fully implemented the BMPs specified for the contract and/or is otherwise in noncompliance with these provisions. In addition, the City will deduct, from the final payment due the contractor, the total amount of any fines levied on the City, plus legal and staff costs, as a result of the Contractor’s lack of compliance with these provisions and/or less than complete implementation of the specified BMPs.

12.18 Execution Authority.The person(s) executing this Contract on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Contract on behalf of said party, (iii) by so executing this Contract, such party is formally bound to the provisions of this Contract, and (iv) the entering into this Contract does not violate any provision of any other Contract to which said party is bound. The Contractor shall complete a W9 Form in the form provided by the City.

13.0 NOTICES

13.1 Delivery. All notices, demands or requests to be given under this Contract shall
be given in writing and conclusively shall be deemed received when: (a) delivered personally, or (b) on the fifth (5 th) day after the deposit thereof in the United States mail, postage prepaid, and addressed as hereinafter provided, or (c) one (1) business day after send by facsimile transmission.

13.2 Addresses.All notices, demands, requests or approvals from Contractor to City shall
be addressed to the City at:

City of Compton
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205 South Willowbrook Avenue
Compton, California 90220
Attn: Director, Public Works Department
(310) 605-5505
(310) 605-6326 – Fax
with copies to:

City of Compton
205 South Willowbrook Avenue
Compton, California 90220
Attn: City Manager
All notices, demands or requests from City to Contractor shall be addressed to:

Hardy & Harper, Inc.
32 Rancho Circle
Lake Forest, California 92630
Attn: Michael Murray
(714) 444-1851
(714) 444-2801 - Fax

13.3 Change in Address.In the event of any change of address, the moving party
is obligated to notify the other party of the change of address in writing. Each party may amend, supplement and update the notice list to add, delete or replace any listed individuals; however, the amendment must be in writing.

IN WITNESS WHEREOF, Contractor has executed this Contract and the City, by its City Manager, who is authorized to do so, has executed this Contract.

HARDY & HARPER, INC.

CONTRACTOR
Dated: ________________ By
____________________________________
Construction Services Agreement – Hardy & Harper, Inc.

Road Repair Services Project (City-Wide Road Repairs)
Resolution No. _____/Public Works Department
35 of 35
Michael Murray, Vice - President

CITY OF COMPTON
Approved by:

Dated: ________________ By
____________________________________
Jerome Groomes, City Manager
Approved as to form:

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

Dated: ___________________ By
____________________________________
Vernell McDaniel, City Clerk
September 5, 2023
TO: MAYOR AND CITY COUNCIL MEMBERS
FROM: CITY MANAGER
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON

AUTHORIZING THE CITY MANAGER TO ENTER INTO A PROFESSIONAL

SERVICES AGREEMENT WITH AND ESTABLISH A PURCHASE ORDER FOR

WILLDAN ENGINEERING TO PREPARE AN ENGINEERING AND TRAFFIC SURVEY TO ESTABLISH SPEED LIMITS CITYWIDE ($28,700).

SUMMARY
Adoption of this resolution will accept the proposal of and authorize the City Manager to enter into a professional services agreement with Willdan Engineering to prepare an engineering and traffic survey to establish citywide speed limits and authorize the issuance of a purchase order in the amount not-to-exceed amount of $28,700.00.

BACKGROUND
In compliance with State laws and the governing California Vehicle Code, vehicle speed laws can only be enforced when speed limits of a roadway are determined by an engineering and traffic survey. The Engineering and Traffic Survey is an engineering study of the prevailing speeds and a review of the traffic conditions of the roadway which is completed every five years for streets greater than 40’ in width, regardless of the street’s classification.

The local streets have a prima facie speed limit of 25 mph unless a different speed limit is determined by an engineering study. Speed limits in California are governed by the California Vehicle Code (CVC), Section 627, 22348 through 22413 and 40802.

The City of Compton last performed a speed zone study in 2016. A list of streets with engineered speed controls are attached. The current study has expired. Thus a new study needs to be performed.

To comply with Vehicle Code requirements, the Public Works Engineering Department is requesting the services of a qualified and experienced engineering firm to perform a traffic survey to establish speed limits citywide.

On March 22, 2023, the Public Works Engineering Department advertised for Requested For Proposals (RFPs) from qualified firms to prepare an engineering and traffic survey to established speed limits citywide.

On April 20, 2023, the City received a total of six (6) proposals that were reviewed and ranked by City staff. The top three (3) firms were selected based on their responsiveness, qualifications, costs, work experience, and professional expertise. The top three firms were ranked as follows:

14.14.14.14.14.14. Staff Report – Resolution Authorizing Agreement Willdan Engineering/Engineering and Traffic Survey
September 5, 2023, Page 2
Rank Firm Location Amount
1 KOA Monterey Park, CA $106,522.00
2 Willdan Engineering Industry, CA $ 28,700.00
3 Minager & Associates Laguna Hills, CA $ 33,946.00
After careful consideration, the review committee determined that the proposal submitted by Willdan Engineering was the lowest responsive bidder. Willdan Engineering staff serves as City Traffic Engineer for 42 Southern California cities and is well-versed in the practical and political implications of speed zoning. Both Willdan’s professional and technical personnel are thoroughly familiar with the State Vehicle Code requirements for completion of Engineering and Traffic Surveys, including the most current California Manual on Uniform Traffic Control Devices and Assembly Bill 43 which went into effect in 2022. Willdan’s radar operators are certified and regularly trained beyond industry standards. The project will take approximately 71 days.

The scope of services will include the following:

A. Obtain Documents: Obtain any necessary maps and other documents required to perform the work.

B. Field Inspection: Conduct a field inspection of all street segments to be included in the traffic survey to determine the street geometries and roadside conditions for justification of speed limits.

C. Traffic Volume Counts: Conduct a one-day machine directional traffic volume counts at specified locations. The count data shall be provided in no less than one-hour increments. The machine counts will be located approximately at the midpoint of the street segment and taken on a typical school weekday.

D. Manual Spot Speed Surveys: Conduct a spot speed survey in each direction using calibrated radar or laser equipment operated by a certified radar operator as required in the California Vehicle Code at all locations. Provide copy of radar certification for each radar operator conducting the speed surveys.

E. Collision History: Analyze traffic collision data from SWITRS for the last three years to determine the number of total and speed related traffic collisions for each street segment.

F. Traffic Survey: Observe, measure, and record speed and volume data for vehicular traffic on city streets with engineered speed controls.

Staff Report – Resolution Authorizing Agreement
Willdan Engineering/Engineering and Traffic Survey
September 5, 2023, Page 3
G. Report: Perform data analysis and statistical calculations as necessary to perform the work, and prepare a report which includes: Cover letter sign by responsible traffic engineer, table of contents, introduction including a description of the elements of the traffic survey and applicable vehicle codes and state requirements, description of study methodology, summary of findings table including location, posted speed limit, critical speed, recommended speed limit, average daily traffic (ADT), accidents per million vehicle miles and comments, narrative explanation of segments with special conditions or a proposed change in posted speed limit, segment summary sheets, including but not limited to speed survey information, posted and recommended speed limit, collision data, AMVM calculation, traffic volume data, conditions not readily apparent to the driver, other roadway and land use factors, and signed certification statement, traffic volume and posted/recommended speed limit maps.

H. Meetings and Presentations: The consultant will meet with City staff to discuss the project at three stages of the project, at the direction of City staff. The meetings are presently contemplated to occur at the following stages of the project:

1. Prior to beginning work (“Kick-Off Meeting”),

2. At the completion of the work (in approximately 71 days), the Consultant will meet with City staff to submit the
draft report, and

3. After the report has been reviewed by the City and all corrections have been made, the Consultant will meet with City staff to deliver the final report.

STATEMENT OF ISSUE
Therefore, in order to accept the proposal of Willdan Engineering and authorize the City Manager to enter into a professional services agreement with Willdan Engineering to prepare an engineering and traffic survey to establish citywide speed limits and authorize the issuance of a purchase order in the amount not-to-exceed $28,700.00, City Council’s authorization is necessary.

FISCAL IMPACT
Funds in the amount of $28,700 are available in Public Works Engineering Department’s Fiscal Year 2023-2024 budget in Account No.1900-710-000-4262

ALTERNATIVE
No alternative is recommended.

Staff Report – Resolution Authorizing Agreement
Willdan Engineering/Engineering and Traffic Survey
September 5, 2023, Page 4

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

JOHN D. STRICKLAND, JR.

DIRECTOR OF PUBLIC WORKS
APPROVED FOR FORWARDING:

JERRY GROOMES

CITY MANAGER
RESOLUTION NO.__________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON

AUTHORIZING THE CITY MANAGER TO ENTER INTO A PROFESSIONAL

SERVICES AGREEMENT WITH AND ESTABLISH A PURCHASE ORDER

FOR WILLDAN ENGINEERING TO PREPARE AN ENGINEERING AND
TRAFFIC SURVEY TO ESTABLISH SPEED LIMITS CITYWIDE ($28,700).

WHEREAS, adoption of this resolution will accept the proposal of and authorize the City Manager to enter into a professional services agreement with Willdan Engineering to prepare an engineering and traffic survey to establish citywide speed limits and authorize the issuance of a purchase order in the amount not-to-exceed amount of $28,700.00; and
WHEREAS, in compliance with State laws and the governing California Vehicle Code, vehicle speed laws can only be enforced when speed limits of a roadway are determined by an engineering and traffic survey; and
WHEREAS, the Engineering and Traffic Survey is an engineering study of the prevailing speeds and a review of the traffic conditions of the roadway which is completed every five years for streets greater than 40’ in width, regardless of the street’s classification; and
WHEREAS, the local streets have a prima facie speed limit of 25 mph unless a different speed limit is determined by an engineering study; and WHEREAS, speed limits in California are governed by the California Vehicle Code (CVC), Section 627, 22348 through 22413 and 40802; and WHEREAS, the City of Compton last performed a speed zone study in 2016 and a list of streets with engineered speed controls are attached; and WHEREAS, the current study has expired and thus a new study needs to be performed; and
WHEREAS, to comply with Vehicle Code requirements, the Public Works Engineering Department is requesting the services of a qualified and experienced engineering firm to perform a traffic survey to establish speed limits citywide; and WHEREAS, on March 22, 2023, the Public Works Engineering Department advertised for Requested For Proposals (RFPs) from qualified firms to prepare an engineering and traffic survey to established speed limits citywide; and WHEREAS, on April 20, 2023, the City received a total of six (6) proposals that were reviewed and ranked by City staff and the top three (3) firms were selected based on their responsiveness, qualifications, costs, work experience, and professional expertise. The top three firms were ranked as follows:

Rank Firm Location Amount
1 KOA Monterey Park, CA $106,522.00
2 Willdan Industry, CA $ 28,700.00
3 Minager Laguna Hills, CA $ 33,946.00; and
WHEREAS, after careful consideration, the review committee determined that the proposal submitted by Willdan Engineering was the lowest responsive bidder; and WHEREAS, Willdan Engineering staff serves as City Traffic Engineer for 42 Southern California cities and is well-versed in the practical and political implications of speed zoning; and
WHEREAS, both Willdan’s professional and technical personnel are thoroughly familiar with the State Vehicle Code requirements for completion of Engineering and Traffic Surveys, including the most current California Manual on Uniform Traffic Control Devices and Assembly Bill 43 which went into effect in 2022; and WHEREAS, Willdan’s radar operators are certified and regularly trained beyond industry standards; and
Resolution No. __________

Page 2 ends

Compton City CouncilSeptember 5, 2023

Compton City Council
September 5, 2023