Agenda packet — Compton City Council, September 12, 2023

Members of the public may address the City Council on any item shown on the agenda or matter of the Council’s authority after completion of “Request to Address the Council Form” available in the lobby of the Council Chambers or in the City Clerk’s office. This form must be completed 15 minutes prior to the scheduled meeting time. Pursuant to Section 54957.5 of the California Government Code, Any writings (Except for those writings which are exempt from disclosure) which are
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COMPTON CITY COUNCIL
AGENDA
09/12/2023
CLOSED SESSION 4:30 PM
PUBLIC MEETING 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 CLOSED SESSION ITEMS ONLY

CLOSED SESSION
Compton Property Group, LLC v. City of Compton, et al.

Los Angeles County Superior Court Case No. 23STCP02247
Los Angeles County Superior Court Case No. 23STCP02754
Pursuant to Sections 54956.9(a), 54956.9(d)(1)
-2- City Council Agenda
9/12/2023 5:30 PM

OPENING
PUBLIC MEETING – 5:30 PM

REPORT ON CLOSED SESSION ACTION(S)

COMMENDATORY RESOLUTIONS/PRESENTATIONS

1. SPECIAL CERTIFICATE PRESENTATION - RECOGNIZING ALBERTO

GONZALEZ FOR HIS HEROIC ACTIONS THAT TOOK PLACE ON SUNDAY, SEPTEMBER 3, 2023 AFTER AN AIRPLANE CRASH. - MAYOR SHARIF

PUBLIC COMMENTS ON AGENDA ITEMS AND NON-AGENDA MATTERS

REGULAR AGENDA

CITY MANAGER'S REPORT

2. A REQUEST TO SCHEDULE A PUBLIC HEARING – TO AMEND RESOLUTION NUMBER 25,337 RESCINDING THE 2020-2021 ANNUAL ACTION PLAN, 2020- 2024 CONSOLIDATED PLAN, AND CDBG-CV FUNDING PLAN SUBMITTED TO

THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT FOR OCTOBER 17, 2023 at 5:35 P.M.

NEW BUSINESS

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

AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH

AND ESTABLISH A PURCHASE ORDER WITH TETRA TECH FOR PROVIDING

PROFESSIONAL ENGINEERING CONSULTANT SERVICES AND PROJECT

MANAGEMENT IN AN AMOUNT NOT TO EXCEED TWO HUNDRED THIRTY- NINE THOUSAND SIX HUNDRED SIXTY-SIX DOLLARS ($239,666) ANNUALLY FOR FISCAL YEARS 2023-2024, 2024-2025 AND 2025-2026 ($720,000) -3- City Council Agenda
9/12/2023 5:30 PM

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

AUTHORIZING THE CITY MANAGER TO ENTER INTO A THREE-YEAR

SERVICE AGREEMENT
(SEPTEMBER 2024 – JUNE 2026) AND AUTHORIZATION TO PERFORM

NEEDED REPAIRS TO THE POOLS AND TO ISSUE A PURCHASE ORDER TO

HASA DBA COMMERCIAL AQUATIC SERVICES TO

PROVIDE MONTHLY COMMERCIAL SWIMMING POOL MAINTENANCE
SERVICES AND “AS NEEDED” REPAIRS FOR THE CITY’S TWO (2) SWIMMING POOLS
(LOCATED AT LUEDERS AND GONZALES PARKS).

5. 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

RALPH ANDERSON & ASSOCIATES TO CONDUCT AN EXECUTIVE
RECRUITMENT FOR THE POSITION OF CITY MANAGER ($35,000)

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

AMEND THE FISCAL YEAR BUDGET AND AUTHORIZE THE CITY MANAGER

TO ENTER INTO A PROFESSIONAL SERVICE AGREEMENT WITH REVENUE & COST SPECIALISTS TO UPDATE THE CITY OF COMPTON’S FISCAL YEAR 2023 - 2024 BUDGET ($73,620) AND TO ISSUE A PURCHASE ORDER FOR REVENUE & COST SPECIALISTS (RCS) IN THE AMOUNT OF ($73,620)

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

APPROVING AN AMENDMENT TO THE POSITION CLASSIFICATION PLAN BY

ADOPTING AMENDED CLASSIFICATION SPECIFICATIONS FOR

ACCOUNTANT II

8. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AUTHORIZING THE CITY MANAGER TO AMEND THE FISCAL YEAR 2023-24

FIRE DEPARTMENT BUDGET AND ISSUE PURCHASE ORDERS TO ONE OR

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

PURCHASE OF DIESEL FUEL, MOTOR COOLANT AND MOTOR LUBRICANTS FOR THE COMPTON FIRE DEPARTMENT ($120,000.00)

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

AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH AND

ESTABLISH A PURCHASE ORDER FOR NEW WEST LANDSCAPING FOR

PROPERTY MAINTENANCE AND LANDSCAPING SERVICES ON SUCCESSOR AGENCY-OWNED PARCELS IN THE CITY OF COMPTON ($47,400)

COUNCIL COMMENTS
-4- City Council Agenda
9/12/2023 5:30 PM

ADJOURNMENT
NEXT REGULAR MEETING: 9/19/2023 5:30:00 PM @ 9/19/2023
5:30:00 PM.

Visit our website at http://www.comptoncity.org
View Meetings Live at
http://www.comptoncity.org/officials/clerk/agendas/video.asp September 12, 2023
TO: MAYOR AND COUNCIL MEMBERS
FROM: TURMEL WOODS, GRANTS COMPLIANCE MANAGER
SUBJECT: A REQUEST TO SCHEDULE A PUBLIC HEARING – TO AMEND RESOLUTION NUMBER 25,337 RESCINDING THE 2020-2021 ANNUAL ACTION PLAN, 2020-2024 CONSOLIDATED PLAN, AND CDBG-CV

FUNDING PLAN SUBMITTED TO THE UNITED STATES DEPARTMENT
OF HOUSING AND URBAN DEVELOPMENT FOR OCTOBER 17, 2023
@ 5:35 P.M.

SUMMARY
City staff is requesting modifications to the City of Compton’s CDBG-CV funding plan of City Council Resolution 25,337 in which City Council approved on July 28, 2020. This request would allow staff to expand COVID-19 related services to businesses and residents of the city, city staff is requesting authorization to revise the CDBG-CV funding plan and submit a substantial amendment to HUD.

Staff recommends that Council schedule a public hearing on this matter for Tuesday, October 17, 2023 at 5:35 p.m.

TURMEL WOODS

GRANTS COMPLIANCE MANAGER

JERRY GROOMES

CITY MANAGER

2. September 12, 2023
TO: MAYOR AND CITY COUNCIL MEMBERS
FROM: MUNICIPAL WATER DEPARTMENT
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON

AUTHORIZING THE CITY MANAGER TO ENTER INTO AN

AGREEMENT WITH AND ESTABLISH A PURCHASE ORDER WITH

TETRA TECH FOR PROVIDING PROFESSIONAL ENGINEERING

CONSULTANT SERVICES AND PROJECT MANAGEMENT IN AN

AMOUNT NOT TO EXCEED TWO HUNDRED THIRTY-NINE THOUSAND
SIX HUNDRED SIXTY-SIX DOLLARS ($239,666) ANNUALLY FOR
FISCAL YEARS 2023-2024, 2024-2025 AND 2025-2026 ($720,000)

SUMMARY
The City Council will consider a resolution authorizing the City Manager to enter into an agreement with and establish a purchase order with Tetra Tech for providing professional engineering consultant services and project management in an amount not to exceed Two Hundred Thirty-Nine Thousand Six Hundred Sixty-Six Dollars ($239,666) annually for the following three (3) Fiscal Years 2023-2024, 2024-2025 and 2025-2026.

BACKGROUND
The Municipal Water Department (Department) is responsible for overseeing the City’s utility services. The water system is approximately 7.8 square miles, composed of approximately 156 miles of main lines, eight (8) water wells, two (2) reservoir locations with corresponding booster pump stations, approximately 3,500 gate valves, 1,700 fire hydrants and 19,001 service connections.

On May 17, 2022, City Council appropriated Seven Million Nine Hundred Eighty-Eight Thousand Dollars ($7,988,000.00) of the American Rescue Plan Act (ARPA) funds to the Department to invest in necessary improvements that will upgrade the aging water infrastructure.

On December 20, 2022, City Council authorized the re-appropriation of ARPA funds to the Department’s capital budget. The Department intends to utilize these funds for ongoing projects throughout the current and subsequent fiscal years through December 31, 2026.

The Department is seeking to move forward with the capital improvement projects and needs the services of a professional engineering consultant to analyze the water infrastructure and evaluate its water production, conveyance, storage, and distribution infrastructure, including its production wells and associated groundwater quality and

3.3.3.3.3.3.3. Staff Report – Tetra Tech, Professional Engineering Consultant September 12, 2023

Page 2 ends

prepare recommendations, related design services, project management of all recommended approved projects and overseeing construction of approved projects.

STATEMENT OF THE ISSUE
On April 5, 2023, the Department opened the Request for Proposal (RFP) process to solicit bids for Professional Engineering Consultant Services and Project Management, which closed on April 26, 2023. The Department solicited quotes from ten (10) reputable professional engineering firms.

The firms that submitted proposals are listed as follows:

Tetra Tech was not the lowest bidder; however, the firm was selected because of their extensive experience as a leading provider of consulting and engineering services.

The services to be rendered will be provided on a task-by-task basis and will include, but not limited to the following tasks and deliverables:
●Evaluating available water quality data from the City’s productions wells, including the possible presence of volatile organic compounds (VOCs), 1,4-dioxane, per- and polyfluoroalkyl substances (PFAS), and other organic and inorganic contaminants, and making recommendations as appropriate for treatment, Staff Report – Tetra Tech, Professional Engineering Consultant September 12, 2023

Page 3 ends

blending, and/or mitigation measures to help the City meet and exceed State and Federal water quality standards.
●Evaluating the City’s production wells in terms of their production capacity, vertical screened intervals, integrity, and overall condition and making recommendations as appropriate for rehabilitation and repairs, including redevelopment, sealing parts of the well screen, re-casing the wells, replacing pumps, and the like.
●Evaluating other water-related City infrastructure, including but not limited to security, lighting, safety, and the overall condition of the production wells, conveyance and distribution piping, storage facilities, pump houses, grading and paving of well sites, reservoirs and treatment facilities, the adequacy of existing Supervisory Control and Data Acquisition (SCADA) systems, pressure stations, Metropolitan Water District (MWD) connections and related electrical systems and making recommendations as appropriate for repairs, upgrades, or replacement.
●Project management of related recommended upgrades.
●Employing or engaging all persons necessary, including subcontractors and project managers to perform the services of the related recommended upgrades.

ALTERNATIVES
Staff does not recommend any alternatives.

FISCAL IMPACT
Increase Expenditure Description Amount 2810-86-000-4262 Grant Other Professional Services $35,666 2810-86-001-4262 Well 11 Other Professional Services $41,000 2810-86-002-4262 Well 13 Other Professional Services $41,000 2810-86-003-4262 Well 15 Other Professional Services $41,000 Staff Report – Tetra Tech, Professional Engineering Consultant September 12, 2023

Page 4 ends

2810-86-005-4262 Well 17 Other Professional Services $41,000 2810-86-009-4262 SCADA Other Professional Services $40,000 Total $239,666

RECOMMENDATIONS
Staff recommends that the City Council adopt the attached Resolution, which authorizes the City Manager to enter into an agreement with Tetra Tech and issue a purchase order for providing professional engineering consultant services and project management in an amount not to exceed Two Hundred Thirty-Nine Thousand Six Hundred Sixty-Six Dollars ($239,666) annually for the following three (3) Fiscal Years 2023-2024, 2024-2025 and 2025-2026.

VICTOR MEZA

WATER DEPARTMENT GENERAL MANAGER
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 AN AGREEMENT

WITH AND ESTABLISH A PURCHASE ORDER WITH TETRA TECH FOR

PROVIDING PROFESSIONAL ENGINEERING CONSULTANT SERVICES

AND PROJECT MANAGEMENT IN AN AMOUNT NOT TO EXCEED TWO

HUNDRED THIRTY-NINE THOUSAND SIX HUNDRED SIXTY-SIX DOLLARS ($239,666) ANUALLY FOR FISCAL YEARS 2023-2024, 2024-2025 AND 2025-2026 ($720,000)
WHEREAS, the the Municipal Water Department (Department) is responsible for overseeing the City’s utility services; and
WHEREAS, the water system approximately 7.8 square miles, composed of approximately 156 miles of main lines, eight (8) water wells, two (2) reservoir locations with corresponding booster pump stations, approximately 3,500 gate valves, 1,700 fire hydrants and 19,001 service connections; and
WHEREAS, the Department is seeking to move forward with the capital improvement projects and needs the services of a professional engineering firms to provide consultant and project management services to assist in utilizing the American Rescue Plan Act (ARPA) funds; and
WHEREAS, on April 5, 2023, the Department opened the Request for Proposal process to solicit bids, which closed on April 26, 2023; and WHEREAS, the Department solicited quotes from ten (10) reputable professional engineering consulting firms, the firms that submitted proposals are listed as follows:

Vendor Hourly Rate Schedule
Infrastructure Engineers Principal in Charge $ 238
Project Manager $ 185
Principal Engineer $ 180
Tetra Tech Program Manager $ 300
Project Manager $ 210
Principal Engineer $ 365
Stetson Engineers, Inc. Principal $ 249
Senior Project Manager $ 216
Special Project Director $ 249
WHEREAS, staff has determined that Tetra Tech was deemed the most responsive and responsible bidder to provide professional engineering consulting services and project management for all new recent projects and water wells, with the exception of Well 20, for the following three (3) Fiscal Years 2023-2024, 2024-2025 and 2025-2026; and
WHEREAS, Tetra Tech was not the lowest bidder; however, the firm was selected because of their extensive experience as a leading provider of consulting and engineering services; and
WHEREAS, the expenditures for Tetra Tech are not to exceed $239,666 per year; and WHEREAS, funds for this expenditure are available in the American Rescue Plan Act (ARPA) accounts 2810-86-4262.
.

Resolution No.

Page 2 ends

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

SECTION 1: That the quote from Tetra Tech is hereby accepted.

SECTION 2: That the City Manager is hereby authorized to enter into an agreement with Tetra Tech and issue a purchase order in an amount not to exceed Two Hundred Thirty-Nine Thousand Six Hundred Sixty-Six Dollars ($239,666) annually for professional engineering consulting services and project management for all new recent projects and water wells, with the exception of Well 20, for the following three (3) Fiscal Years 2023-2024, 2024-2025, and 2025-2026.

Increase Expenditure Description Amount 2810-86-000-4262 Grant Other Professional Services $35,666 2810-86-001-4262 Well 11 Other Professional Services $41,000 2810-86-002-4262 Well 13 Other Professional Services $41,000 2810-86-003-4262 Well 15 Other Professional Services $41,000 2810-86-005-4262 Well 17 Other Professional Services $41,000 2810-86-009-4262 SCADA Other Professional Services $40,000 Total $239,666
.

SECTION 3. That $239,666 be allocated in the 2810 Fund, on an annual basis for the duration of this agreement.

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

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

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, do hereby certify that the foregoing Resolution was adopted by the City Council of the City of Compton, signed by the Mayor and attested by the City Clerk at a regular meeting thereof held on the ___ day of , 2023.

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

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

CITY CLERK OF THE CITY OF COMPTON

1 City of Compton

MUNICIPAL WATER DEPARTMENT
205 South Willowbrook Avenue, Compton, California 90220 Phone (310) 605-5595
Request for Proposals
for
Professional Engineering Services/Project
Management
The City of Compton Municipal Water Department is requesting proposals from professional engineering consultants to analyze the water infrastructure, prepare recommendations and related RFP design services, including project management.

To be considered responsive to the RFP requirements, consultants must submit a proposal indicating their knowledge and experience related to the services being sought. If you have any questions, please contact Victor Meza, Water Department General Manager by phone at 310- 605-5555 or by email at [email protected].

In order for your proposal to be considered, submit four (4) copies marked "RFP-Professional Engineering Services/Project Management” with one (1) fee proposal in a separate sealed envelope to:

City of Compton
City Clerk’s Office
Vernell McDaniel
205 S. Willowbrook Avenue
Compton, CA 90220
Submission Deadline: Wednesday, April 26, 2023 at 4:00 p.m. 2 INTRODUCTION
The City of Compton Municipal Water Department is requesting proposals from professional engineering consultants to analyze the water infrastructure and evaluate its water production, conveyance, storage, and distribution infrastructure, including its production wells and associated groundwater quality and prepare recommendations, related design services, project management of all recommended approved projects and overseeing construction of approved projects.

PROJECT INFORMATION
The City of Compton’s water system is approximately 7.8 square miles, composed of approximately 156 miles of water mains, eight (8) water wells, two (2) reservoir locations with corresponding booster pump stations, approximately 3,500 gate valves, 1,700 fire hydrants and 19,001 service connections.

The services to be rendered will be provided on a task-by-task basis and will include, but not limited to the following tasks and deliverables:
Evaluating available water quality data from the City’s production wells, including the possible presence of volatile organic compounds (VOCs), 1,4-dioxane, per- and polyfluoroalkyl substances (PFAS), and other organic and inorganic contaminants, and making recommendations as appropriate for treatment, blending, and/or other mitigation measures to help the City meet and exceed State and Federal water quality standards. Evaluating the City’s production wells in terms of their production capacity, vertical screened intervals, integrity, and overall condition and making recommendations as appropriate for rehabilitation and repairs, including redevelopment, sealing parts of the well screen, re-casing the wells, replacing pumps, and the like.
Evaluating other water-related City infrastructure, including but not limited to security, lighting, safety, and the overall condition of the production wells, conveyance and distribution piping, storage facilities, pump houses, grading and paving of well sites, reservoirs and treatment facilities, the adequacy of existing Supervisory Control and Data Acquisition (SCADA) systems, pressure stations, MWD connections and related electrical systems and making recommendations as appropriate for repairs, upgrades, or replacement.
Project management of related recommended upgrades.
3 Employing or engaging all persons necessary, including subcontractors and project managers to perform the services of the related recommended upgrades.

PROPOSAL INFORMATION
The purpose of this Request for Proposal (RFP) is to select a consultant for the City of Compton to provide various services as listed in the Project Information. The City intends to select one (1) Consultant to perform all the items listed in the Project Information; however, joint proposals will be considered providing a lead engineer is identified.

The City recognizes there may be questions or items requiring discussion prior to the consultant preparing its proposal. If questions arise, please contact Victor Meza, Water Department General Manager, at 310-605-5555. If it appears a formal session with candidate consultants is required, such will be, scheduled. The City's objective is to ensure an appropriate exchange of information prior to proposal preparation to minimize both wasted effort by engineers during proposal preparation and unnecessary follow-up by City personnel during the evaluation process.

A Pre-Proposal Meeting and Project Site Tour has been scheduled as follows:

Date & Time: Tuesday, April 18, 2023 at 9:00 a.m.

Location: 18604 S Wilmington Avenue
Compton, CA 90220
The term of the Consultant Agreement will be three (3) years, beginning on effective date of the agreement. The following is a general consultant selection outline and anticipated schedule:
Request for Proposals April 5, 2023
Proposals Due (Early submittals preferred)April 26, 2023 Evaluation of Proposals May 3, 2023
Tentative Recommendation to City Council and Award May 23, 2023 No amendments, additions, or alternates will be, accepted after the above submission date.

Each proposal shall be considered valid and binding for a period of 90 days after the proposal due date. All proposals and documents submitted will become the property of the City of Compton.

Anything considered to be proprietary should be so designated.

CONSULTANT SELECTION
Criteria for the evaluation of the proposals may include, but are not limited to the following:
• Completeness of proposal
• Qualifications and experience of the proposer related to the services described in this RFP
• Explicit understanding of the project and subject matter expertise 4 • Ability and available resources to perform the requested services within the timeline identified within this proposal
• Projected Costs

RIGHT TO REJECT
The City of Compton reserves the right to reject any or all proposals, to waive any informalities in any proposal, and to select the proposal that best meet the City's needs. Proposals will be considered only in their entirety. Late or incomplete proposals will not be considered and the City reserves the right to determine the completeness of all proposals. The City reserves the right to negotiate the specific requirements and costs using the selected proposal as a basis.

COST OF PROPOSAL PREPARATION
The consultant is responsible for any costs incurred by the consultant or their subcontractors in responding to the request for proposal.

PROPOSAL SUBMITTAL
Proposals must be for the entire scope of services outlined in this RFP. Incomplete proposals will not be considered. The proposer shall submit a package clearly marked on the outside as “RFP- Professional Engineering Services/Project Management” to the City Clerk’s Office. The package shall contain the following:
State the legal name of your firm, its address and telephone number. Describe your firm's background and experience and the structure of your organization (i.e., individual, partnership, corporation, joint venture, etc.). Describe the proposed Project Manager's background and experience (where applicable). Provide general contact information including the name of the proposed Project Manager, the office from which he/she will work, address, phone, and e-mail address. Provide a minimum of three and a maximum of five references for similar contracts performed within the past five years paying particular attention to those in Compton and its vicinity.
Provide a list of contracts you have had with the City of Compton during the preceding five years.
Describe your firm's approach to the scope of work.
Describe your firm's ability to perform the requested services, including experience and credentials of the personnel who will be assigned to the project. 5 Provide a list or describe your experience in designing and/or developing water treatment plants within the last 5 years, including your experience with PFAS and PFOS. Provide a quotation for the hourly rates and minimum hours for each City visit applicable to all staff proposed to work on City projects by classification (not name) including Project Manager (where applicable). Also include overtime hourly rates, mileage costs, and pricing for any additional billing requirements (such as blueprint fees, etc.) if applicable. Rates shall remain firm for a minimum of one (1) year from contract commencement date. Prices are subject to Consumer Price Index (CPI) increases after the first year during the term of the agreement. Hourly rates quoted at the commencement of any specific project shall remain firm throughout the duration of that project unless specified otherwise. A signed W-9

SUBMITTAL INSTRUCTIONS
Submit four (4) copies marked "RFP-Professional Engineering Services/Project Management” with one (1) fee proposal in a separate sealed envelope to the address below no later than:

City of Compton
City Clerk’s Office
Vernell McDaniel
205 S. Willowbrook Avenue
Compton, CA 90220
Submission Deadline: Wednesday, April 26, 2023 at 4:00 p.m.

Early submittals are preferred. Late proposals will not be accepted.

September 12, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: DIRECTOR OF RECREATION
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON

AUTHORIZING THE CITY MANAGER TO ENTER INTO A THIRTY-FOUR MONTH SERVICE AGREEMENT (SEPTEMBER 2023 – JUNE 2026) AND

AUTHORIZATION TO PERFORM NEEDED REPAIRS TO THE POOLS

AND TO ISSUE A PURCHASE ORDER TO HASA DBA COMMERCIAL

AQUATIC SERVICES TO PROVIDE MONTHLY COMMERCIAL
SWIMMING POOL MAINTENANCE SERVICES FOR THE CITY’S TWO
(2) COMMERCIAL SWIMMING POOLS LOCATED AT LUEDERS AND
GONZALES PARKS.

SUMMARY
A resolution of the City Council of the City of Compton authorizing the City Manager to enter into a thirty-four month service agreement (September 2023 – June 2026) and authorization to perform needed repairs to the pools and to issue a purchase order to HADA dba Commercial Aquatic Services to provide monthly commercial swimming pool maintenance services for the two (2) commercial swimming pools located at Lueders and Gonzales parks.

BACKGROUND
The City totals approximately 10.2 square miles in size and is home to more than 93,597 residents (2022). The City has five (5) major parks with recreational facilities, eight (8) neighborhood parks, one (1) Par 3 Golf Course and two (2) commercial swimming pools; the Gonzales Park Aquatic Center which has a lap pool and a wading (kiddie) pool and Lueders Park Aquatic Center which has a lap pool.

The swimming pools in the City of Compton are operated by the Recreation Department.

The City of Compton’s Recreation Department (“Department”) provides comprehensive aquatics programming that meets the needs of the community through highly accessible, enjoyable and varied opportunities for learning and recreation. The Department strives to offer a safe, responsive and a welcoming environment that promotes the health and well- being of our City’s residents.

Prior to the COVID 19 scare, the Department provided lap swimming, recreational swim, swim lessons, adult exercise classes, and special needs swim programming. The Department also offered; Summer Swim Day Camp, Lifeguard training for City youth and Water Safety instruction.

4.4.4.4.4.4.4. Staff Report – Commercial Swimming Pool Maintenance Services 2023 September 12, 2023
The City desir es to revitalize its Recreation Department to reinstate these swimming programs again.

STATEMENT OF THE ISSUE
In an effort to provide maintenance for the swimming pools, on February 1, 2023 the City released a Request for Proposal for Commercial Swimming Pool Maintenance Services.

As a result of the Request for Proposal, two (2) qualified commercial swimming maintenance companies responded; LA Pool Guys and HASA dba Commercial Aquatics Services:

Both of the respondents:
Submitted their proposals on time
Submitted their bid price sheets
Met the minimum requirements for commercial swimming pool maintenance Vendor Proposal
LA POOL GUYS $22,800/annual
HASA DBA COMMERCIAL AQUATICS SERVICES $33,600/annual
The Public Works Superintendent and staff reviewed, rated and ranked the proposals that were received in accordance with the City’s procurement policies, taking into consideration factors such as pricing, the thoroughness of each proposal, quality of work with other municipalities, experience of the staff, resources and equipment available to manage the program.

The ranking was as follows:

Ranking Contractor Score
1 HASA dba Commercial Aquatics Services 89.00
2 LA Pool Guys 81.75
After ranking the contractors, the Department interviewed the companies via telephone conference to further evaluate services. The award of the Commercial Swimming Pool Maintenance Services was based upon the ability to vacuum pools as part of the maintenance service and “as-needed” in-house repair services offered. LA Pool Guys was deemed as non-responsive since vacuum services cannot be provided by their agency. HASA dba Commercial Aquatics Services was deemed the most responsive bidder to manage the Commercial Swimming Pool Maintenance Services contract for the City of Compton.

HASA dba Commercial Aquatic Services boasts that their company is committed to ensure their professional service technicians understand higher-level pool chemistry, filtration systems, and local code requirements to ensure a healthy pool. HASA dba Staff Report – Commercial Swimming Pool Maintenance Services 2023 September 12, 2023
Commercial Aquatics Services invests in industry training programs to support their field teams with the tools they need to provide unparalleled service to their clients.

Within the first few months of employment, their pool technicians earn their Certified Pool Operator (CPO) certification.

In order to award a three -year service agreement effective September 1, 2023- June 30, 2026 to HASA dba Commercial Aquatics Services to provide monthly maintenance services and “as needed” repairs for the City’s two (2) commercial swimming pools, City Council’s approval is necessary.

RECOMMENDATION
Staff recommends the City Council accepts the bid submitted by HASA dba Commercial Aquatic Services and authorize the City Manager to enter into a three-year service agreement to HASA dba Commercial Aquatics Services and to issue a purchase order for commercial swimming pool maintenance.

FISCAL IMPACT
Funds are available in the 2023-2024 Adopted Fiscal Year Budget in Account Number 1004-610-000-4238 for pool maintenance ($33,600.00). Additionally, funds in the amount of Thirty-Three Thousand Six Hundred Dollars ($33,600) for annual commercial swimming pool maintenance will be budgeted in future fiscal year budgets; FY2024-2025, and FY2025-2026.

BRYAN SPRAGG

DIRECTOR OF RECREATION

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-YEAR SERVICE AGREEMENT (SEPTEMBER 2023 – JUNE 2026) AND

AUTHORIZATION TO PERFORM NEEDED REPAIRS TO THE POOLS AND TO

ISSUE A PURCHASE ORDER TO HASA DBA COMMERCIAL AQUATIC

SERVICES TO PROVIDE MONTHLY COMMERCIAL SWIMMING POOL
MAINTENANCE SERVICES FOR THE CITY’S TWO (2) COMMERCIAL
SWIMMING POOLS LOCATED AT LUEDERS AND GONZALES PARKS.

WHEREAS, the City has five (5) major parks with recreational facilities, eight (8) neighborhood parks, one (1) Par 3 Golf Course and two (2) commercial swimming pools, the Gonzales Park Aquatic Center which has a lap pool and a wading (kiddie) pool and Lueders Park Aquatic Center which has a lap pool; and
WHEREAS, the City of Compton’s Recreation Department (“Department”) provides comprehensive aquatics programming that meet the needs of the community through highly accessible, enjoyable and varied opportunities for learning and recreation; and
WHEREAS, prior to the COVID 19 scare, the Department provided lap swimming, recreational swim, swim lessons, adult exercise classes, and special needs swim programming; and
WHEREAS, the Department also offered; Summer Swim Day Camp, Lifeguard training for City youth and Water Safety instruction; and WHEREAS, the City desires to revitalize its Recreation Department to reinstate these swimming programs again; and
WHEREAS, on February 1, 2023 the City released a Request for Proposal for Commercial Swimming Pool Maintenance Services and staff reviewed the proposals that were received in accordance with the City’s Municipal Code (§ 4-11.5. Lowest Responsible Bidder) taking into consideration factors such as pricing, the thoroughness of each proposal, quality of work with other municipalities, experience of the staff, resources and equipment available to manage the program, and Vendor Proposal
LA POOL GUYS $22,800/annual
HASA DBA COMMERCIAL AQUATICS SERVICES $33,600/annual
WHEREAS, the Department interviewed the companies via telephone conference to further evaluate staffing, equipment and services; and determined the following ranking:

Ranking Contractor Score

1. HASA dba COMMERCIAL AQUATIC SERVICES 89.00

2. LA POOL GUYS 81.75

WHEREAS, staff determined HASA dba Commercial Aquatics Services had the most responsive bid which offered pool vacuuming and in-house repair services; and WHEREAS, funds are available in the 2023-2024 Adopted Fiscal Year Budget in Account Number 1004-610-000-4238 for pool maintenance ($33,600.00). Additionally, funds in the amount of Thirty-Three Thousand Six Hundred Dollars ($33,600) for annual commercial swimming pool maintenance will be budgeted in future fiscal year budgets; FY2024-2025, and FY2025-2026.

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

Resolution No._________________

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Section 1.That the proposal from HASA dba Commercial Aquatics Services is hereby accepted.

Section 2.That the City Manager, is hereby authorized, on the advice and approval of the City Attorney, to enter into a three-year service contract (i.e., September 12, 2023 – June 30, 2026).
.

Section 3.That a purchase order is authorized to be established for HASA dba Commercial Aquatic Services in an amount of Thirty-Three Thousand Six Hundred Dollars ($33,600). Funds should be drawn from account # 1004-610-000-4238.

Section 4.That funds are available in the 2023-2024 Adopted Fiscal Year Budget in Account Number 1004-610-000-4238, for pool maintenance ($33,600).

Additionally, funds in the amount of Thirty-Three Thousand Six Hundred Dollars ($33,600) for annual commercial swimming pool maintenance 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, Recreation 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

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 this ___ day of ________________, 2023.

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

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

CITY CLERK OF THE CITY OF COMPTON

REQUEST FOR PROPOSAL

COMMERCIAL SWIMMING POOL MAINTENANCE SERVICES

FOR THE CITY OF COMPTON
The City of Compton is soliciting proposals for commercial swimming pool maintenance services covering all recreational pools within the City of Compton.

Proposals will be received in the office of the City Clerk, City of Compton, 205 South Willowbrook Avenue, Compton, California, 90220 until 5:00 pm on March 2, 2023.

POSTMARKS WILL NOT BE ACCEPTED. All proposals must be clearly marked, “PROPOSAL TO PROVIDE COMMERCIAL SWIMMING POOL MAINTENANCE SERVICES IN THE CITY OF COMPTON – DO NOT OPEN WITH REGULAR MAIL” and shall be delivered during the business hours of 7:00 a.m. to 6:00 p.m., Monday through Thursday, except holidays, to the City Clerk’s office.

Submit five (5) copies of your service proposal, one must be digital. It should be understood that the final annual costs will be as negotiated with the City. As part of the proposal please indicate the unit costs that are associated with each phase.

All submitted proposals will be reviewed and analyzed by City staff and the proposal which best meets the City’s needs will be selected for further analysis and negotiation.

The City of Compton proposes to enter into an Agreement for a two (2) plus year term.

The City of Compton reserves the right, in its sole discretion during this selection process, to reject any or all proposals or any portion without exception or explanation.

Parties interested in obtaining a Request for Proposal (RFP) package should check the City’s website at www.comptoncity.org or contact the:

Public Works Department
City of Compton
205 South Willowbrook Avenue
Compton, CA 90220
(310) 605-5691

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SUBMITTAL DEADLINE
To be considered, proposals must be submitted no later than Thursday, March 2, 2023 at 5:00 p.m. to the City Clerk’s Office, 205 South Willowbrook Avenue, Compton, California, 90220.

Postmarks will not be accepted. The City may extend the deadline at its option.

During this period of restricted contact, any attempt by a proposing firm, its representative or agent to contact, lobby, or make a representation to a member of the City Council, or any other official, employee, or agent of the City will be grounds for disqualification.

Vernell McDaniel
City Clerk
Publish: 2/8/2023
2/15/2023
2/22/2023
3/2/2023

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REQUEST FOR PROPOSAL

CITY OF COMPTON

COMMERCIAL SWIMMING POOL MAINTENANCE SERVICES

INTRODUCTION TO THE CITY OF COMPTON
The City of Compton was incorporated in 1888. The City totals approximately 10.2 square miles in size, and is home to more than 93,597 residents (2022). The City has approximately five (5) major parks with recreational facilities, eight (8) neighborhood parks, one (1) Par 3 Golf Course and two (2) commercial swimming pools, (1) wading pool; Gonzales Park Aquatic Center located at 1100 W. Cressey Avenue and Lueders Park Aquatic Center located at 1500 E. Rosecrans Avenue. Both Aquatic Centers provide swimming lessons, a swim day camp program and open recreational swim times. Classes for Lifeguard Training and Water Safety Instruction are also offered.

SCOPE OF WORK
Pool Information
Aquatic Center Gallons Pool Type Feet
Lueders Park – William Love Pool 220K Lap Pool 3-11 feet Gonzales Park Aquatic Center 200K Lap Pool 3-12 feet
Gonzales Park Kiddie Pool 85K Wading Pool 1-3 feet
Contractors Responsibility
Pool Management
Prepare for and work with local County of Los Angeles Department of Health and Environmental Services for yearly opening of pools.
Start up and calibrate pool controller.
Achieve water balance (alkalinity/calcium hardness/pH). Achieve water clarity (metal out/water clarifier).
Brush pool surfaces.
Assure pool reached chlorine and pH balances for opening inspection. Fill pools to appropriate levels.
Vacuum pool to desired cleanliness.
Wash, clean apply protectant to exterior of slides’ plastic/fiberglass fixtures. Adjust variable drive pumps needed.

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oProgram, calibrate and clean chemical automation systems as needed. Maintain proper record keeping for each visit
oRecord all pool water test readings.
oRecord all events such as cleaning of pump baskets, backwash of filters, etc. oRecord other events such as: recommended repairs, repairs made, etc. Clean pump strainer baskets each trip or as needed.
Backwash filter systems as needed.
Clean pool skimmer baskets each trip or as needed.
Consult with Parks Maintenance Supervisor or other assigned staff regarding pool operations and/ or needed repairs/ improvements. Provide yearly operation training to employees as directed.
Maintain sufficient inventory of pool chemicals and advise Pool Manager and/or others of pool chemical needs.
Provide telephone consultation, as needed, for any water clarity, water chemistry and/ or mechanical issues that may arise.

City’s’ Responsibility
Maintain proper water levels
Keep proper water testing records
Report any water quality issues and /or mechanical issues in a timely manner

PROPOSAL FORMAT
Your proposal should be submitted in the following format:

Section 1: Describe your firm, including your area of specialization; number of employees; prior experience performing similar services; current workload; current financial environments, etc.

Section 2: Describe your firm’s or employees’ experience working for or with municipal governments.

Section 3: Describe how you typically communicate with City staff regarding your status.

Please provide any report format you currently use to keep City staff informed about the status.

Section 4: Provide the names and backgrounds of the individuals who will be providing the actual services to the City. Include their prior experience providing sweeping services to municipalities and/or their previous experience working with municipalities.

Section 5: Provide the total annual cost to perform the City’s Commercial Swimming Pool Maintenance Services for the activity levels described in the Proposal Form herein.

This shall be the total amount payable to the Service Provider by the City. The total amount shall be divided by twelve (12) and invoiced and paid monthly.

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Section 6: Provide any additional information you believe will be helpful to assist in the review of your proposal. Include any attachments, exhibits, or reports which you feel will help us to gain a better understanding of your firm’s ability to provide this service to the City of Compton.

Your proposal must respond to and conform to the “Commercial Swimming Pool Maintenance Services” specifications listed in this document.

PROPOSED SCHEDULE OF EVENTS
The following is the proposed schedule for the selection process:

Release of RFP by the City to Service Providers 02/08/2023 RFP’s final submittal date 03/02/2023
Council approval of Agreement (Tentative) 03/21/2023
Agreement commencement (Tentative) 04/03/2023

DEFINITION OF TERMS
Whenever the terms listed below appear in the Contract Documents, they shall be defined as follows:

1. City shall mean the City of Compton, California, as it now exists or as its boundaries may from time to time be change.

2. Contractor, Service Provider, Bidder, Firm, Corporation shall mean the person with whom the City has executed the Agreement and who is fully responsible for performance of the work.

MISCELLANEOUS PROVISIONS
These specifications and the draft agreement are complementary. This RFP does not commit the City to enter into an agreement or to pay any costs incurred by proposers in the preparation of a proposal.

The City reserves the right to accept or reject any or all proposals received as a result of this RFP.

The City reserves the right to cancel in part, or in its entirety, this RFP.

Any changes to the RFP requirements will be made by addendum. All addendum shall be signed by bidders and attached to the proposal. Failure to attach any addendum may render the proposal non-responsive and cause it to be eliminated from consideration.

The City may require the selected bidder(s) to participate in negotiations and to submit such prices, technical or other revisions to their proposals as may result from negotiations. Bidder(s) selected for an interview may be asked to submit “best and final” cost proposals as a final step in the selection process.

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All responses to the RFP become the property of the City of Compton. At such time a final award is made, all proposals submitted in response to this RFP become a matter of public record and shall be regarded as public records, with the exception of those elements in each proposal which are defined by the bidder as business or trade secrets, and marked “Trade Secret,” “Confidential,” or “Proprietary.”

SELECTION
All proposals will be reviewed by the Public Works Street Superintendent, Assistant City Manager and other relevant staff. The Public Works Street Superintendent and staff will evaluate the proposals based upon price, service plan, experience, and customer service experience.

During the evaluation process, the Public Works Street Superintendent, at his discretion, may request any or all service providers to provide oral presentations. Such presentations will provide service providers with an opportunity to answer any questions the selection committee may have on a service provider’s proposal. Not all firms may be asked to make oral presentations.

There is no expressed or implied obligation for the City to reimburse responding service providers for any expenses incurred in making an oral presentation to the selection committee.

Upon completion of the evaluation process, the Public Works Street Superintendent will recommend a service provider for selection to the City Council.

1.0 GUIDELINES

1.1 Purpose of Procurement
The purpose of the Request for Proposal (RFP) is to outline the City of Compton’s interest in obtaining the services of a qualified company to provide on-call commercial swimming pool maintenance services. Commercial swimming pool maintenance services must meet all federal, state and local regulations. Proposing companies are hereby invited to submit their qualifications in accordance with the terms of this document.

1.2 Basic Guidelines for this Request for Proposal
The qualifications shall be evaluated in accordance with the criteria set forth in this Request for Proposal (RFP). Proposing firms shall be afforded fair and equal treatment with respect to any opportunity for discussion and revisions; and such revisions may be permitted after submissions prior to the deadline date for the purpose of obtaining the best and final offers.

Selection shall be made to the proposing firm whose qualifications are determined in writing to be the most advantageous for the City, considering all of the evaluation factors set forth in this RFP. No other factors or criteria shall be used in the

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evaluation. The City reserves the right to reject any and all proposals submitted in response to this request.

1.3 Contract Term
No award shall be binding upon the City unless and until consummated by a written, fully executed contract. The contract duration is expected to begin April 1, 2023 through June 30, 2027, with two (2) one-year options to renew. The annual renewal of the contract shall be at the sole discretion of the City. The City will retain the right to terminate the contract at any time.

1.4Withdrawal of Proposal
Proposals submitted early may be withdrawn by the proposing firm prior to the proposal due date specified. Following the proposal date, the proposal constitutes a binding offer and may not be withdrawn prior to the award.

1.5Costs of Preparation
The proposing firm shall be solely responsible for any and all costs associated with developing and preparing the proposal.

1.6Reservation of Right
The City of Compton reserves the right to: (a) waive minor irregularities or variances, non-material bid formalities or defects in any proposal; (b) reject any and all proposals, in whole or in part, submitted in response to this RFP; (c) request clarifications from all proposing firms; (d) request resubmissions from all proposing firms; (e) make partial, progressive or multiple awards; and (f) withdraw or cancel this RFP without prior notice, at any time, at its sole discretion.

2.0 DESCRIPTION OF REQUIREMENTS

2.1 Objective of the Procurement
The overall and ultimate objective of this Request for Proposal is to provide on-call commercial swimming pool maintenance services within the recreational pools in the City of Compton from the selected or contracted firm (“Contractor”).

2.2 Duties and Procedures
The Contractor shall adhere to the following duties and procedures in the fulfillment of the scope of services.

2.3 Personnel and Equipment. The work consists of furnishing all labor, materials, machinery, tools, means of transportation, supplies, equipment and services necessary for the maintenance of commercial swimming pools in the City.

1. Work Orders and Communication. Work orders for commercial swimming pool maintenance services will be provided by e-mail to the Contractor from the City’s representative. The Contractor shall respond by e-mail promptly with

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an acknowledgment of receipt; if sent before 12:00 pm, the Contractor shall respond by 5:00 pm the same day or if sent after 12:00 pm, the Contractor shall respond by 9:00 am the next day.

Each time work is completed, the Contractor is responsible for cleaning and removing from each area worked in, all debris, materials and equipment associated with the work performed.

2. Notice To Proceed and Schedule. Once the commercial swimming pool maintenance plan is approved by the City representative, a notice to proceed (NTP) will be issued to the Contractor. The commercial swimming pool maintenance services plan shall commence 48 hours of receiving assignments and 24 hours for designated emergencies. The Contractor is not to commence work until an NTP is issued.

3. Responsiveness. The City expects the Contractor to respond promptly through the weekends and holidays. Work shall be performed during or after business hours, on weekends and during holidays as directed.

4. Property Damage. Services performed under this contract, the Contractor shall notify the City representative within 24 hours if damage occurs and replacement and/or repair shall be done at no cost.

2.4 Additional Requirements

1. Contractor will have ten (10) days to correct any unsatisfactory performance as determined by the City representative for no extra compensation. If the correction is not made within ten (10) days, no payment shall be rendered for the work. If two of these instances occur within a 12-month period without correction in 10 days, the contract may terminate for cause upon 7 days’ notice by the City. Additionally, the contract will be terminated by the City upon 30 days’ notice.

2. The Contractor shall maintain all permits, certificates, and licenses necessary to perform the sign installation and replacement services described herein.

3. The Contractor may not assign this contract or subcontract to another party for performance of the terms and conditions hereof without the written consent of the City. All correspondence authorizing subcontracting must reference the contract and identify the specific job being subcontracted.

3.0PROPOSAL PACKAGE
A complete proposal package must be submitted to be considered and included one digital copy and four (4) hard copies. The proposal shall consist of the elements within the following sections. E-mail submittals are not accepted.

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3.1 Basic Information

1. Provide basic company information: owner, company name, address, name of primary contact, telephone number, fax number, e-mail address, and company website (if available). If the firm has multiple offices, the qualification statement shall include information about the parent company and branch office separately. Provide form of ownership, including state of residency or incorporation, and number of years in business. Indicate if the proposing firm is a sole proprietorship, partnership, corporation, Limited Liability Corporation (LLC), or other structure.

2.Identify and provide the name of the project manager who will be assigned to this contract. The project manager is the foreman or responsible person overseeing and/or participating in the actual work. Provide all relevant experience along with references for the project manager, completed projects and contact information for references.

3.Provide the overall qualifications and experience for the firm itself with references. These references may overlap with those for the project manager.

4.Overall at least three (3) references must be provided, illustrating similar and relevant experience with services provided to organizations, communities or agencies, highlighting successfully completed related projects. Please include references of people, firms, or agencies that may be contacted to verify this experience. Please provide name, e-mail address, and phone number. References should be able to validate firm experience and project manager experience. Demonstrating successful experience with public agencies is highly desired.

3.2 Cost and Pricing

1.(a) Provide a complete list of rates for services from which the cost of each on-call service request shall be priced.

2.The cost proposals must be inclusive of all related costs including but not limited to: materials, labor, and administrative costs and any taxes that may be levied. It is the responsibility of the bidder to determine any and all taxes and/or fees and include same in the proposal.

3.Pricing shall include all cost, both direct and indirect to perform the work.

3.3 Insurance Requirements
Demonstrate ability to fulfill insurance requirements as follows:

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.

2. Automobile Liability. $1,000,000 combined single-limit per accident for bodily injury and property damage.

3.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

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insurance will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this.

4. Professional Liability. Errors and omissions liability appropriate to Contractor’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 and Automobile Liability Insurance, Contractor 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 insured” with respect to liability arising out of the activities of the Contractor. 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, Contractor will furnish certificates of insurance and endorsements to City.

Waiver of Subrogation. The policies shall contain a waiver of subrogation for the benefit of City.

4.0 EVALUATION

4.1 Proposals
Each response shall be prepared simply and economically, providing straight- forward, concise delineation of proposing firm’s capabilities to satisfy the requirements of this RFP. Emphasis on each proposal must be on completeness and clarity of content. To expedite the evaluation of qualifications, it is essential that proposing firms follow the format and instruction contain herein.

4.2 Proposal Submission
Proposals are due at the location specified below no later than:

Thursday, March 2, 2023 at 5 pm
One digital and Four (4) bound originals are to be delivered to:

City of Compton
City Clerk’s Office
205 South Willowbrook Avenue
Compton, CA 90220
Attention: Damion Timmons
Street Superintendent

4.3 Evaluation Criteria and Process
The following items are evaluation criteria for all qualifying proposals and will be rated on a point system basis by the evaluation team. Submittals must provide all information as required in this RFP.

1. Firm’s qualifications and experience (5 points max)

2. Firm’s references for experience (10 points max)

3. Proposed project manager’s qualifications and experience (10 points max)

4. Proposed project manager’s references for experience (15 points max)

5. Overall examples of similar and relevant work (15 points max)

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6. Demonstrated successful experience with public agencies (10 points max)

7. Approach and responsiveness to sign removal and installation services (15 points)

8. Completeness and responsiveness to RFP requirements (10 points)

9. Familiarity with the City of Compton (5 points)

10. Local Hiring Credit (5 points)

4.4 Review of Qualifications
All qualifications received will be reviewed by the City to ensure that all administrative requirements of the RFP package have been met by the proposing firm. Failure to meet these requirements may be cause for rejection of a qualification. All technical qualifications that meet the administrative requirements will then be turned over to the technical evaluation team members for further evaluation.

4.5 Selection and Evaluation Process
The City will complete the selection process and in its sole discretion, and in the course of its evaluation, may request interviews or presentations with one or more selected proposing firms. The selection process shall be completed at the pleasure of the City, but is anticipated to conclude within thirty (30) days after submittal. An invitation will be extended to the finalist to complete a contract for services.

4.6 Preliminary Award of Contract Schedule
The following dates reflect the anticipated schedule for proposal solicitation, selection of Consultant and award of contract.
Solicit Proposals for Services February 8, 2023
Proposals Due March 2, 2023
Review Proposals March 6, 2023 (week of)
Recommend Award to City Council March 21, 2023 (tentative) Agreement commencement (tentative) April 1, 2023 (tentative)

5.0 ADDENDUM
All inquiries and questions of this RFP must be submitted in writing by e-mail to [email protected]. Written responses to all written questions will be addressed in the form of an addendum and available on the City’s website at www.comptoncity.org Questions and inquiries will not be answered by any other means. If the website is down, responses will be provided by e-mail or fax upon request.

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APPENDIX A
The proposal prices are to include and cover the furnishings of all labor, materials, equipment, fees, taxes, incidentals, and overhear necessary to perform the work described in the “SCOPE OF WORK” of this proposal document. The City maintains the right to award to contractor(s) Based on the demonstrated best value to the City.

The Contractor affirms that in the event they ae selected as the successful Contractor, the Contractor assures that all work will be performed in the specified manner and under the term and conditions specified at the prices listed below.

Contractor’s Signature________________________________ Date_______________ Service Description Cost
Gonzales Park Aquatic Center – Lap Pool (annual)
Gonzales Park Aquatic Center – Wading Pool (annual)
Lueders Park Aquatic Center – Lap Pool (annual)
Repair/Emergency Work Per Hour
Other Charges (if any, please describe)
Other Charges (if any, please describe)

COMMERCIAL SWIMMING POOL MAINTENANCE SERVICES AGREEMENT

BETWEEN
HASA dba COMMERCIAL AQUATIC 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 HASA dba Commercial Aquatic Services (hereinafter referred to as “CONTRACTOR”) located at 1121 N. Hawk Circle, Anaheim, California 92807.

RECITALS:

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

1. Services to be Performed by Contractor:

More specifically, Contractor shall provide and perform the following services at the City of Compton commercial swimming pools as requested by the City:

Pool Management
Prepare for and work with local County of Los Angeles Department of Health and Environmental Services for yearly opening of pools.
Start up and calibrate pool controller.
Achieve water balance (alkalinity/calcium hardness/pH). Achieve water clarity (metal out/water clarifier).
Brush pool surfaces.
Assure pool reached chlorine and pH balances for opening inspection.

Commercial Aquatics Services Agreement 2023
2 Fill pools to appropriate levels.
Vacuum pool to desired cleanliness.
Wash, clean apply protectant to exterior of slides’ plastic/fiberglass fixtures. Adjust variable drive pumps needed.

Water Management
Maintain proper water chemistry:
oTest pH, Chlorine, Calcium, Alkalinity and Stabilizer levels. oLoad chemical feeders and add calcium, bi-carb and other chemicals to pool as needed.
oProgram, calibrate and clean chemical automation systems as needed. Maintain proper record keeping for each visit
oRecord all pool water test readings.
oRecord all events such as cleaning of pump baskets, backwash of filters, etc. oRecord other events such as: recommended repairs, repairs made, etc. Clean pump strainer baskets each trip or as needed.
Backwash filter systems as needed.
Clean pool skimmer baskets each trip or as needed.
Consult with Parks Maintenance Supervisor or other assigned staff regarding pool operations and/ or needed repairs/ improvements. Provide yearly operation training to employees as directed.
Maintain sufficient inventory of pool chemicals and advise Pool Manager and/or others of pool chemical needs.
Provide telephone consultation, as needed, for any water clarity, water chemistry and/ or mechanical issues that may arise.

Contractor shall not proceed with any work not specified until the City has approved an itemized cost proposal presented to the City by the Contractor for the requested services.

Contractor agrees to perform all the said work and furnish all the said materials at its own cost and expense, as are necessary to complete in a good worker-like and substantial manner and to the satisfaction of the City. 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 Agreement 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 ______________of Contractor as Contractor’s Representative, who shall be deemed to be Contractor’s agent with express authority to bind
Commercial Aquatics Services Agreement 2023
3 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 City’s Representative for this Agreement.

2. Compensation:

The method of payment for this Contract shall be based on a maximum monthly sum amount of Eleven Hundred Dollars $1100,00 per month (Gonzales Park Lap Pool), Six Hundred Dollars $600.00 per month (Gonzales Park Kiddie Pool) and Eleven Hundred Dollars $1100.00 per month (Lueders Park Lap Pool), Thirty-Three Thousand Six Hundred Dollars ($33,600.00) annually for pool maintenance.

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 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.

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 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 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 Street Superintendent 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.

For the work agreed to be performed pursuant to this Agreement, it is understood between the parties that the maximum compensation payable to the Contractor for any and all services rendered during the term of this Agreement is limited to One Hundred Six Thousand Commercial Aquatics Services Agreement 2023
4 Four Hundred Dollars ($106,400) for monthly pool maintenance plus an “additional amount for “as-needed” repair services for three (3) fiscal year periods (2023-2026).

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 Agreement.

3. Commencement of Services:

The term of this Agreement shall be effective as of September 1, 2023. Contractor’s services shall be supplied to the City. This Agreement shall expire on June 30, 2026..

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 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.

4.4Losses 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 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.

Commercial Aquatics Services Agreement 2023
5 4.6Contractor shall immediately notify the City of any illegal dumping of hazardous materials and other emergency public safety issues observed at the Sites where services are performed.

5. Indemnity:

Contractor shall indemnify and save harmless the City, its officials, officers, employees, agents and volunteers (collectively hereafter 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 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 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.

As a condition precedent to the effectiveness of this Contract for work to be performed hereunder and without limiting the 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. 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. 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 Agreement. 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 Agreement a policy of Commercial General Liability Insurance, inclusive of personal injury liability and broad form property damage Commercial Aquatics Services Agreement 2023
6 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, 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 Agreement. (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 Commercial Aquatics Services Agreement 2023
7 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 insureds 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.

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:

Commercial Aquatics Services Agreement 2023
8 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.

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 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 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 other 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 Agreement 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 Agreement 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 Agreement, 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 Agreement, the Contractor shall purchase a business license permit in conformance with Section 9-1.2 of the Compton Municipal Code.

Commercial Aquatics Services Agreement 2023
9 13. Termination:

Notwithstanding any other provisions of this Agreement, this Agreement 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 Agreement.

13.2If the Contractor persistently or repeatedly refuses or fails, except in cases in 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 Agreement.

13.3If 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 five (5) days written notice, terminate this Agreement.

13.4Either party may terminate this Agreement for convenience upon the giving of thirty (30) days advance written notice of such termination to the other party.

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 Agreement 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.

Commercial Aquatics Services Agreement 2023
10 16. Amendments:

This Agreement may be modified or amended only by 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.

17. Notice:

All notices, demands or requests to be given under this Agreement 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.

Contractor: HASA dba COMMERCIAL AQUATIC SERVICES
1121 N. Hawk Circle
Anaheim, California 92807
Attn: Ann Marie Rees, General Manager
(714) 258-0700
[email protected]
City: City of Compton
205 South Willowbrook Avenue
Compton, California 90220
Attn: Damion Timmons, Street Superintendent
(310) 605-5691
[email protected]

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 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, 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 Agreement.

Commercial Aquatics Services Agreement 2023
11 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 Agreement.

20. Extent of Agreement:

This Agreement and any attachments hereto, constitute 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. Neither party has been induced to make or enter into this Agreement by reason of promise, agreement, representation, statement or warranty other than as herein contained. Nothing in this Agreement shall create any contractual relations between any subcontractor and the City.

21. Governing Law, Jurisdiction and Venue:

This Agreement 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 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 unexcised portion, can be reasonably interpreted to give effect to the intentions of the parties.

22. 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 Agreement, 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.

23. 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. Contractor shall be responsible for paying all federal and state income withholding taxes for all earning under this Agreement.

Commercial Aquatics Services Agreement 2023
12 24. 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, CONTRACTOR has executed this Agreement and the CITY, by its City Manager, who is authorized to do so, has executed this Agreement.

HASA dba COMMERCIAL AQUATIC SERVICES

CONTRACTOR
Dated: ________________ By _____________________________ Ann Marie Rees, General Manager
By_______________________________ Dated: __________________________ Damion Timmons, Street Superintendent
Approved by:

Dated:_________________ By________________________________ Thomas Thomas, City Manager
Approved as to form:

By_______________________________ Dated: __________________ Eric J. Perrodin, City Attorney
Commercial Aquatics Services Agreement 2023
13 ATTEST:

Dated: ___________________ By _____________________________________ Vernell McDaniel, City Clerk

September 12, 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 RALPH ANDERSON & ASSOCIATES TO

CONDUCT AN EXECUTIVE RECRUITMENT FOR THE POSITION OF
CITY MANAGER ($35,000)

SUMMARY
Adoption of the attached resolution will authorize the execution of a Professional Service Agreement with and establishment of a purchase order in the amount of Thirty-Five Thousand Dollars ($35,000.00) for Ralph Anderson & Associates to conduct an executive recruitment search for the position of City Manager of the City of Compton.

BACKGROUND
Section 703 of the Compton City Charter provides that the City Council shall appoint the City Manager of the City of Compton. Section 705 of the Compton City Charter provides that the City Manager shall be chosen on the basis of his/her executive and administrative qualifications and be paid a salary commensurate with his/her responsibilities as Chief Administrative Officer of the City.

STATEMENT OF ISSUE
In order to develop a highly qualified candidate pool to fill this critical position, it has been recommended by staff to utilize the services of a reputable executive recruitment firm.

The Human Resources Department solicited proposals from executive recruiters nationally to conduct the recruitment for City Manager, with the following firms presenting proposals for their services; T2L Professional Consulting – Fort Worth, TX, Jacob Green & Associates - Orange, CA and Ralph Anderson & Associates - Rocklin, CA.

Ralph Anderson & Associates submitted a comprehensive and competitively priced (i.e. $35,000) proposal that offers cost savings, including the cost of all necessary meetings in their initial price. Their recruitment firm is among the top tier in the State of California and they have an extensive track record for successful recruitment and placement of City Managers.

5.5.5.5.5. Staff Report – Resolution Authorizing Agreement with Ralph Anderson & Associates/Executive Recruitment (City Manager) September 12, 2023, page 2

FISCAL IMPACT
Funds in the amount of $35,000.00 for this expenditure are available in the Human Resources Department’s 2023-2024 adopted Fiscal Year budget in Account No. 1001- 560-000-4262.

RECOMMENDATION
It is recommended that the attached Resolution be adopted by the City Council.

JEROME 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 RALPH ANDERSON & ASSOCIATES TO CONDUCT AN EXECUTIVE RECRUITMENT FOR THE POSITION OF CITY MANAGER ($35,000)
WHEREAS, Section 703 of the Compton City Charter provides that the City Council shall appoint the City Manager of the City of Compton; and WHEREAS, Section 705 of the Compton City Charter provides that the City Manager shall be chosen on the basis of his/her executive and administrative qualifications and be paid a salary commensurate with his/her responsibilities as Chief Administrative Officer of the City; and
WHEREAS, in July 2023, Jerome Groomes was appointed by the City Council and agreed to temporarily serve in the position of City Manager of the City of Compton; however, the City Council is seeking to appoint an individual on a permanent basis; and WHEREAS, in order to develop a highly qualified candidate pool to fill this critical position, the Human Resources Division (“Division”) of the Internal Services Department solicited proposals from executive recruiters nationally to conduct the recruitment for City Manager, with the following firms presenting proposals for their services; to wit: T2L Professional Consulting – Fort Worth, TX, Jacob Green & Associates, Orange, CA and Ralph Anderson & Associates - Rocklin, CA; and
WHEREAS, Ralph Anderson & Associates submitted a comprehensive and competitively priced (i.e. $35,000) proposal that offers cost savings, including the cost of all necessary meetings in their initial price; and
WHEREAS, funds for this expenditure are available in the 2023-2024 Fiscal Year budget.

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

Section 1.That the City Manager, on the advice and the approval of the City Attorney, is hereby authorized to accept the proposal of and enter into a professional services agreement with Ralph Anderson & Associates to conduct a recruitment search for the position of City Manager of the City of Compton at the cost of Thirty-Five Thousand Dollars ($35,000.00).

Section 2.That the funds for this expenditure are available in the Human Resources Department’s 2023-2024 adopted Fiscal Year budget in Account No. 1001- 560-000-4262.

Section 3. That a purchase order is authorized to be established in the amount of Thirty-Five Thousand Dollars ($35,000.00).

Section 4. That a copy of this Resolution shall be filed in the offices of the City Clerk, City Attorney, City Manager, City Controller and the Internal Services Department (Human Resources Division).

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

ADOPTED this ___________ day of _____________, 2023.

Resolution No. __________

Page 2 ends

2 MAYOR OF THE CITY OF COMPTON
ATTEST:
___________________________________

CITY CLERK OF THE CITY OF COMPTON

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss

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

September 12, 2023
TO: MAYOR AND CITY COUNCIL MEMBERS
FROM: CITY CONTROLLER
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON

TO AMEND THE FISCAL YEAR BUDGET AND AUTHORIZE THE CITY

MANAGER TO ENTER INTO A PROFESSIONAL SERVICE

SUMMARY
Adoption of the attached resolution will amend the 2023-2024 Fiscal Year Budget to transfer Seventy-Three Thousand Six Hundred Twenty Dollars ($73,620) between various accounts. Also, to authorize the City Manager to accept the proposal of Revenue & Cost Specialist (RCS), for Budget Update Services and to authorize a purchase order in an amount not to exceed Seventy-Three Thousand Six Hundred Twenty Dollars ($73,620.00).

BACKGROUND
The Budget Officer is responsible for compiling a budget that will allow the organization to operate effectively in the coming year and is tasked with monitoring actual expenditures against planned revenues.

Due to an unforeseen vacancy of the Budget Officer position the City has an immediate need of assistance to update and finalize the City’s budget, at the request of the City Manager, the City Controller has solicited the expertise of the firm Revenue & Cost Specialists (RCS) that has over 40 years of experience in the financial service business.

SCOPE OF SERVICE
The firm has submitted to the City of Compton a proposal based on the immediate service needs of the City:

Tasks are separated into three categories, based on the timeline to complete.

Category A. Complete Immediately – Does Not Require City Council Action

6.6.6.6. These tasks allow the Controller’s Office to “open” FY24 in the finance software system.

Task #1- Create position control sheets to allocate staffing FTE, salary and fringe expenses accurately in the City general ledger.

Category B. End of September/October – Require City Council Action to Adjust Budget
These tasks are mostly to correct errors and omissions in the FY24 budget approved by the City Council in June 2023.

Task #2- Review and update revenues and expenditures and include them in the FY24 Adjusted Budget. Update the allocation methodology for the City’s Internal Service Funds.

Task #3- Review and update the debt service schedules and include them in the FY24 Adjusted Budget. Review all debt service schedules and create a journal entry to charge the appropriate funds for departments and divisions.

Task #4- Implement updated Cost Allocation Plan amounts into the Budget. The changes will affect the overhead charges to the funds for the departments and divisions. Create the related journal entries for the Cost Allocation Plan.

Task #5- Develop and update the Capital Improvement Projects (CIP) list designated for American Rescue Plan (ARPA) money.

Task #6- Train and work with staff to calculate the GANN Limit for the FY24 Budget. Create the spreadsheet to calculate the City’s GANN Limit and train staff how to update it.

Task #7- Update the budget policy. Review the policy with Management and include it with the FY24 Budget documents for full implementation by the City Manager. Work with the Controller’s Office to develop best practices for budget policies and procedures. Prepare a budget manual.

Task #8- Produce an updated FY24 Budget using Microsoft Word, Excel or Adobe Acrobat. Create the updated FY24 Budget in pdf format. Provide the City with working files that are easy to update in the future.

Task #9- Prepare the Power Point presentation for the budget, which includes budgetary highlights, prior year comparisons, and explanations for budget adjustments. Attend the City Council meeting(s) related to the FY24 Adjusted Budget. Once approved by the City Council, provide the Controller’s office with the adjusted budget.

Category C. Complete by January 2024 - Requires City Council Participation
These additional tasks were requested by the Controller’s Office. This will provide the City Council a financial update in September/October and again in January 2024.

Task #10- In January 2024, present to the City Council an FY24 Mid-Year update and coordinate a FY25 City Council budget prioritization exercise.

Task #11- Review and provide recommendations for the budget process, policies, procedures and best practices.

Task #12- Compile the City’s comprehensive lists and schedules for risk assessment.

STATEMENT OF ISSUE
With the unforeseen vacant position of the Budget Officer, the City needs immediate assistance in updating and finalizing the City’s Fiscal Year 2023 – 2024 Budget in order to keep the City operating on a daily basis. The Human Resources Department will be working on recruiting to fill the position of Budget Officer, but the day-to-day operations of the City must continue. The Budget Officer’s daily activities play a vital role in the operations of City Business.

RCS is currently contracted by the City to prepare the Cost Allocation Plan and Fiscal Sustainability Plan. Efficiencies will be gained by the City with the use of this firm for urgent budget assistance. RCS has already obtained detailed information regarding operations of finances for each department during communications with staff while preparing the Cost Allocation Plan and Fiscal Sustainability Plan.

FISCAL IMPACT
The cost for these services is not to exceed Seventy-Three Thousand Six Hundred Twenty Dollars ($73,620.00).

A budget amendment to the FY 2023-2024 Budget is being requested:

From:

Account Code Account Name Amount
1001-650-000-4294 Contingency $73,620.00
To:

Account Code Account Name Amount
1001-650-000-4269 Other Contract Services $73,620.00

A purchase order for Seventy-Three Thousand Six Hundred Twenty Dollars ($73,620.00) is being requested to be authorized to be issued out of the following account:

Account Code Account Name Amount
1001-650-000-4269 Other Contract Services $73,620.00

ALTERNATIVE
Delay the required updates and implementations until Human Resources can complete the recruitment for the Budget Officer position.

RECOMMENDATION
The City Manager recommends that the City Council adopt the attached Resolution.

SHARON RHABAN

CITY CONTROLLER

APPROVED FOR FORWARDING

JERRY GROOMES

CITY MANAGER
RESOLUTION NO. __________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON

TO AMEND THE FISCAL YEAR BUDGET AND AUTHORIZE THE CITY

MANAGER TO ENTER INTO A PROFESSIONAL SERVICE

AGREEMENT WITH REVENUE & COST SPECIALISTS TO UPDATE
THE CITY OF COMPTON’S FISCAL YEAR 2023 - 2024 BUDGET
($73,620) AND TO ISSUE A PURCHASE ORDER FOR REVENUE &
COST SPECIALISTS (RCS) IN THE AMOUNT OF ($73,620)
WHEREAS, the Budget Officer is responsible for compiling a budget that will allow the organization to operate effectively in the coming year and is tasked with monitoring the actual expenditures against planned revenues; and
WHEREAS, due to an unforeseen vacancy of the Budget Officer position, the City has an immediate need of assistance to update and finalize the City’s budget; and WHEREAS, Revenue & Cost Specialists (RCS) has be solicited for their expertise in financial services.

WHEREAS, the firm has submitted to the City of Compton a proposal based on the immediate service needs of the City: and

WHEREAS, tasks are separated into three categories, based on the timeline to complete them; and
WHEREAS, Category A- Complete Immediately - Does Not require City Council action, and allows the Controller’s Office to “open” FY24 in the finance software system; and
WHEREAS, Task #1- Create position control sheets to allocate staffing FTE, salary and fringe expenses accurately in the City general ledger; and WHEREAS, Category B- September/October - Requires City Council’s action to adjust the budget; these tasks are mostly to correct errors and omissions in the FY24 budget approved by the City Council in June 2023; and
WHEREAS, Task #2- Review and update revenues and expenditures and include them in the FY 24 Adjusted Budget, will update the allocation methodology for the City’s Internal Service Funds; and
WHEREAS, Task #3- Review and update the debt service schedules and include them in the FY24 Adjusted Budget. Review all debt service schedules and create a journal entry to charge the appropriate funds for departments and divisions; and WHEREAS, Task #4- Implement updated Cost Allocation Plan amounts into the Budget. The changes will affect the overhead charges to the funds for the departments and divisions. Create the related journal entries for the Cost Allocation Plan; and WHEREAS, Task #5- Develop and update the Capital Improvement Projects (CIP) list designated for American Rescue Plan (ARPA) money; and WHEREAS, Task #6- Train and work with staff to calculate the GANN Limit for the FY24 Budget. Create the spreadsheet to calculate the City’s GANN Limit and train staff how to update it; and
WHEREAS, Task #7- Update the budget policy. Review the policy with Management and include it with the FY24 Budget documents for full implementation by the City Manager. Work with the Controller’s Office to develop best practices for budget policies and procedures. Prepare a budget manual; and
WHEREAS, Task #8- Produce an updated FY24 Budget using Microsoft Word, Excel or Adobe Acrobat. Create the updated FY24 Budget in pdf format. Provide the City with working files that are easy to update in the future; and WHEREAS, Task #9- Prepare the Power Point presentation for the budget, which includes budgetary highlights, prior year comparisons, and explanations for budget adjustments. Attend the City Council meeting(s) related to the FY24 Adjusted Budget.

Once approved by the City Council, provide the Controller’s office with the adjusted budget; and
WHEREAS, Category C- Complete by January 2024- Requires City Council’s Participation; and
WHEREAS, these additional tasks will provide the City Council a financial update in September/October and again in January 2024; and
WHEREAS, Task #10- In January 2024, present to the City Council an FY24 Mid- Year update and coordinate a FY25 City Council budget prioritization exercise; and WHEREAS, Task #11- Review and provide recommendations for the budget process, policies, procedures and best practices; and
WHEREAS, Task #12- Compile the City’s comprehensive lists and schedules for risk assessment.

WHEREAS, the cost for these services is not to exceed Seventy-Three Thousand Six Hundred Twenty Dollars ($73,620.00), a budget amendment to the FY 2023-2024 Budget is being requested:

From:

Account Code Account Name Amount
1001-650-000-4294 Contingency $73,620.00
To:

Account Code Account Name Amount
1001-650-000-4269 Other Contract Services $73,620.00
WHEREAS, a purchase order for Seventy-Three Thousand Six Hundred Twenty Dollars ($73,620.00) is being requested to be authorized to Revenue & Cost Specialists from account 1001-650-000-4269.

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

SECTION 1. That the 2023-2024 Fiscal Year budget is hereby amended to transfer funds between accounts as follows:

From:

Account Code Account Name Amount
1001-650-000-4294 Contingency $73,620.00
To:

Account Code Account Name Amount
1001-650-000-4269 Other Contract Services $73,620.00
SECTION 2. That the City Manager is hereby authorized to enter into a professional services agreement, on the advice and approval of the City Attorney, with Revenue & Cost Specialists for budget update services in the amount of Seventy-Three Thousand Six Hundred Twenty Dollars ($73,620.00).

SECTION 3. That a purchase order shall be issued to Revenue & Cost Specialists not-to-exceed Seventy-Three Thousand Six Hundred Twenty Dollars ($73,620.00), out of the following account:

Account Code Account Name Amount
1001-650-000-4269 Other Contract Services $73,620.00
SECTION 4. That a copy of this Resolution shall be filed in the offices of the City Clerk, City Attorney, City Manager, and City Controller.

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:
________________________________

CLERK OF THE CITY OF COMPTON

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss

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

PROFESSIONAL SERVICES AGREEMENT

BETWEEN

CITY OF COMPTON
AND

REVENUE & COST SPECIALISTS, LLC
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 REVENUE & COST SPECIALISTS, LLC. (hereinafter referred to as “Consultant”), located at 1519 E Chapman Ave, Suite C, Fullerton, CA 92831.

RECITALS:

WHEREAS, the City has determined that it will be prudent to engage the services of a professional and experienced consultant firm to assist the City with preparation of a budget amendment to the Fiscal Year 2023-2024 budget.

WHEREAS, Consultant warrants that it is specifically trained, experienced, competent, and has the resources to provide such services which will be required by this Agreement; 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. SCOPE OF SERVICES TO BE RENDERED BY CONSULTANT
Task(s) FY24 Budget Amendment Preparation:

Tasks are separated into three categories, based on the timeline to complete.

Category A. Complete Immediately – Does Not Require City Council Action These tasks should have occurred on or before July 1, 2023. They allow the Controller’s Office to “open” FY24 in the finance software. It also allows Human Resources to take actions related to recruitments, reclassifications, title changes, and position control.

Professional Services Agreement – Revenue & Cost Specialists, LLC Fiscal Year 2023-2024 Budget Amendment
2 1. Create position control sheets to allocate staffing FTE, salary and fringe expenses accurately in the City’s general ledger. Share the requested information with HR.

Category B. September/October – require City Council Action to Adjust Budget These tasks are mostly to correct errors and omissions in the FY 24 budget approved by the City Council in June 2023. These changes require the City Council adoption of an FY24 Adjusted Budget.

2. Review and update ISF revenues and expenditures and include them in the FY24 Adjusted Budget.

3. Review and update debt service schedules and include them in the FY 24 Adjusted Budget. RCS will review all debt service schedules and create a journal entry to charge the appropriate funds/departments/divisions. This will require the City Council to adopt budget adjustments.

4. Implement updated Cost Allocation Plan amounts into the Budget – The changes above will affect the Cost Allocation Plan and the overhead charges to funds/departments/divisions. RCS will create a journal entry, and this will require the City Council to adopt budget adjustments.

5. Develop CIP/Capital Improvement Plan as requested by the State Auditor – RCS will review the City’s current CIP and work with City staff to ensure there are appropriate project details and adequate funding. This work includes update the Capital Improvement Projects (CIP) list designated for American Rescue Plan (ARPA) money. Ensure PO’s are opened by Dec 2024.

6. Train and work with staff to calculate the GANN Limit for the FY24 Budget.

Create the spreadsheet to calculate the City’s GANN Limit and train staff how to update it.

7. Update the budget policy, review the policy with management and include it with the FY 24 Budget document for adoption by the City Council (24 hours) – RCS will work with the Controller’s Office to develop best practices for budget policies and procedures. Prepare a budget manual.

8. Produce the Updated FY 24 Budget– RCS will build and include revenue and expenditure summary reports with history, the appropriate ISF schedules, administrative overhead schedule, debt service schedules, transfer schedules, and staffing summary schedule. RCS will include a budget message, department descriptions, org charts and goals provided by the City. This document will be attached to the staff report requesting City Council action to adopt updated FY Budget numbers. RCS will utilize Microsoft Word, Excel and Adobe Acrobat to create the updated FY 24 Budget in .pdf format. The City will receive working files that are easy to update in the future.

9. Prepare budget presentation which include budgetary highlights, comparisons to prior year, and explanation for budget adjustments – RCS will prepare the PowerPoint presentation, prepare budget amendment and attend the City Council meeting related to the FY 24 Adjusted Budget. Once approved by the City Council, Professional Services Agreement – Revenue & Cost Specialists, LLC Fiscal Year 2023-2024 Budget Amendment
3 RCS will provide the Controller’s office with an adjusted budget data file for import into the ERP. If there are few changes, RCS will update the budget document in Task 7 for publishing on the City’s website.

Category C. (Optional) End of December – require City Council participation These additional tasks were requested by the Controller’s Office; however RCS believe there are currently too many uncertainties to successfully perform, or would require significant coordination and City participation. These tasks could also be performed by City staff.

10. In January 2024, present to the City Council an FY 24 Mid-Year Update and FY 25 City Council Budget Prioritization exercise – RCS recommends coordinating an FY 24 Mid-Year Review in January 2024, in which the City Council can provide service delivery direction for the remainder of FY 24, and budget prioritization for FY 25. January is the optimum time for a mid-year update, because the City would have six months of FY 24 year-to-date revenues and expenditures, and improved projections. RCS will focus on the General Fund, Measure P fund, PERS fund, Water Enterprise Fund and all internal service funds.

11.. Budget Process, Policies, Procedures and Best Practices (No charge for review, recommendations, or consultation. RCS’ hourly rate to perform task of Budget Manager) – RCS understands that the City intends to recruit and hire a City Manager and Budget Manager by January 2024, and it is uncertain which day the new Budget Manager would start. RCS can perform the task of the Budget Manager prior to his/her start date at RCS’ hourly rate. Once the new Budget Manager is on board, RCS will share resources; offering sample budget policies, procedures, and documents/templates we have available. We can offer recommendations and/or review of any City of Compton documents.

12. Risk Assessment– RCS can compile Compton’s comprehensive lists and schedules for risk assessment. These include complete inventories of vehicles, facilities, and equipment, worker’s compensation case history, liability case history, actuarial studies on pension costs and health care costs. RCS can also look for available risk management training programs for the City.

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 its own cost and expense necessary to complete said services in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances and to the reasonable satisfaction of the City.

Professional Services Agreement – Revenue & Cost Specialists, LLC Fiscal Year 2023-2024 Budget Amendment
4 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 its 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 necessary to perform the services. All of Consultant's staff will be qualified by training and experience to perform their assigned tasks. Consultant will give its personal attention to the fulfillment of the provisions of this Agreement by all of its employees and subcontractors, if any, and will keep the services under its control. On demand of City, if any employee or subcontractor 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.

Chu Thai, Partner of Consultant, will serve as the Project Manager and shall be primarily responsible for representing Consultant in performance of this Agreement.

2. Duration of Contract.Consultant agrees to commence the services provided for herein upon written Notification to Proceed from the City and to continue in a diligent and professional manner until the project is complete, or upon exhaustion of authorized funding, whichever occurs first, unless this Agreement is terminated as provided herein.

The parties anticipate that Consultant’s services will be completed by or before June 30, 2024.

Consultant will generally adhere to the schedule set forth within Consultant’s Proposal provided that City will grant reasonable extensions of time for the performance of the services occasioned by unusually lengthy governmental reviews of Consultant’s work product or other unavoidable delays occasioned by unforeseen circumstances; provided, further, that such unavoidable delay will not include strikes, lockouts, work stoppages, or other labor disturbances conducted by, or on behalf of, Consultant’s officers or employees.

Consultant acknowledges the importance to City of City’s project schedule and agrees to put forth its best professional efforts to perform the services in a manner consistent with that schedule. City understands, however, that Consultant’s performance must be governed by sound practices. Consultant will work such overtime or engage such personnel and equipment as necessary to maintain the schedule, without additional compensation.

3. Compensation.The method of payment for these services will be billed on a time-and-materials basis, as identified in Consultant’s attached/incorporated Proposal.

The total price paid the Consultant will include compensation for all work, including travel, Professional Services Agreement – Revenue & Cost Specialists, LLC Fiscal Year 2023-2024 Budget Amendment
5 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 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 Consultant and the City. Adjustment in the total compensation will not be effective until authorized and approved in writing by the City.

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, 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. Invoices shall detail the work performed on each task as applicable. Invoices shall be delivered or mailed to the City Controller Department at the following address: City of Compton, 205 South Willowbrook Avenue, Compton, California 90220.

The Consultant is required to comply with all federal, state and local laws and ordinances applicable to the services provided under this Agreement.

As full and complete compensation for performance of all the services performed by the Consultant as described in Section 1 of this Agreement, City shall pay, and Consultant agrees to accept, a not-to-exceed maximum sum of Seventy-Three Thousand Six-Hundred Twenty Dollars ($73,620.00).

Consultant agrees to provide all professional services at the following hourly rates:

Task Hours Rate Total Cost
Category A. Complete Immediately 56 $195 10,920
Category B. Complete by October 2023 236 $165 38,940
Category C. Conduct in January 2024 144 $165 23,760
TOTAL PROJECT COST 436 $73,620
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 non-cancellable 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, records, materials and work product associated with the performance of this Agreement.

Professional Services Agreement – Revenue & Cost Specialists, LLC Fiscal Year 2023-2024 Budget Amendment
6 4. Ownership of Materials.All product produced by Consultant or its agents, employees, and subcontractors 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 its agents, employees and subcontractors pursuant to this Agreement will be delivered to City pursuant to the termination clause of this Agreement. Consultant will have the right to make one (1) copy of the Work Product for Consultant’s records.

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 Contractor Status.Consultant, its officers, employees, subconsultants, subcontractors, agents and volunteers (collectively hereinafter the “Consultant”), will perform the services in Consultant's own way and pursuant to this Agreement as an independent contractor 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.

The payment 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 its agents, employees or subcontractors.

City will not pay any workers' compensation insurance, retirement contributions or unemployment contributions on behalf of Consultant or its employees or subcontractors.

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 contractor of Consultant for work done under this Agreement.

Professional Services Agreement – Revenue & Cost Specialists, LLC Fiscal Year 2023-2024 Budget Amendment
7 At the City’s election, City may deduct the amounts paid pursuant to this Section, from any balance owing to Consultant.

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 subcontractors 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 specified in Consultant’s Proposal and agreed to by the City, Consultant will not subcontract any portion of the services without prior written approval of City Manager or his/her designee. If Consultant subcontracts any of the services, Consultant will be fully responsible to City for the acts, errors and omissions of Consultant's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Consultant is for the acts and omissions of persons directly employed by Consultant. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Consultant and City. Consultant will be responsible for payment of subcontractors. Consultant will bind every subcontractor and every subcontractor of a Professional Services Agreement – Revenue & Cost Specialists, LLC Fiscal Year 2023-2024 Budget Amendment
8 subcontractor 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, its officers, employees, subconsultants, subcontractors 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 subcontractors. 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 above-designated insureds except for Workers Compensation and Professional Liability (i.e. 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 Professional Services Agreement – Revenue & Cost Specialists, LLC Fiscal Year 2023-2024 Budget Amendment
9 insurance coverage is inadequate, Consultant will obtain such additional insurance coverage, as Consultant deems adequate, at Consultant's sole expense.

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 Automobile Liability. $1,000,000 combined single-limit per accident for bodily injury and property damage.

11.3 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.

11.4 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 period commencing upon termination or cancellation of this Agreement.

Endorsements. For Commercial General Liability Insurance and Automobile 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 provisions of the policies shall not affect coverage provided to the City. Prior to City's execution of this Agreement, Consultant shall furnish certificates of insurance and endorsements to City.

Waiver of Subrogation. The policies shall contain a waiver of subrogation for the benefit of 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, Professional Services Agreement – Revenue & Cost Specialists, LLC Fiscal Year 2023-2024 Budget Amendment
10 documents, proceedings, and activities related to the Agreement for a period of seven (7) 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. Federal and State Withholding Taxes.Consultant shall be responsible for paying when due all federal and state income withholding taxes for all earning under this Agreement. Consultant agrees to indemnify City for any claims, costs, losses, fees, penalties, interest, or damages suffered by City resulting from Consultant’s failure to comply with this provision.

16. General Compliance with Laws. Consultant will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Consultant, 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 services with all applicable laws, ordinances and regulations.

17. 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.

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.

Professional Services Agreement – Revenue & Cost Specialists, LLC Fiscal Year 2023-2024 Budget Amendment
11 Either Party, upon tendering thirty (30) 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.

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 Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee.

19. Claims And Lawsuits. By signing this Agreement, Consultant agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Consultant acknowledges that if a false claim is submitted to City by Consultant, it may be considered fraud and Consultant may be subject to criminal prosecution.

Consultant acknowledges that California Government Code sections 12650 et seq., the False Claims Act, applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Consultant acknowledges that the filing of a false claim may subject Consultant to an administrative proceeding as the result of which Consultant may be prevented to act as a Consultant on any public work or improvement for a period of up to five (5) years. Consultant acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement.

20. Certifications.The Consultant, 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, voluntary exclusion, or determination of ineligibility by any Federal, State or local agency;
• has not been suspended, voluntarily excluded or determined ineligible by any Federal, State or local agency within the past 3 years; • 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 Professional Services Agreement – Revenue & Cost Specialists, LLC Fiscal Year 2023-2024 Budget Amendment
12 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]
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.
______________________________________ ___________________ Chu Thai, Partner (Date)

21. 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.

22. 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.

23. 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 Professional Services Agreement – Revenue & Cost Specialists, LLC Fiscal Year 2023-2024 Budget Amendment
13 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.

24. Authority.The individuals executing this Agreement and the instruments referenced in it on behalf of Consultant each represent and warrant that they have the legal power, right and actual authority to bind Consultant to the terms and conditions of this Agreement.

25. 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.

26. 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.

27. Confidentiality. All documents, 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.

28. 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.

29. 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: Revenue & Cost Specialists, LLC.
1519 E Chapman Ave, Suite C
Fullerton, CA. 92831
Attn: Chu Thai, Partner
Professional Services Agreement – Revenue & Cost Specialists, LLC Fiscal Year 2023-2024 Budget Amendment
14 (714) 992-9020
TO CITY: CITY OF COMPTON
205 South Willowbrook Avenue
Compton, California 90220
Attn: Sharon Rahban Navizadeh, City Controller
City Controller Department
(310) 605-5678
Note: A copy of any notice provided to the Director shall also be provided to: City Manager, 205 South Willowbrook Avenue, Compton, California 90220.

30. 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.

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.

REVENUE & COST SPECIALISTS, LLC
Dated: _______________ By
___________________________________
Chu Thai, Partner

CITY OF COMPTON
Recommended for Approval:

By __________________________________ Dated: ______________ Sharon Rahban Navizadeh, City Controller
City Controller Department
Professional Services Agreement – Revenue & Cost Specialists, LLC Fiscal Year 2023-2024 Budget Amendment
15 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

Proposal for the City of Compton – FY 2023-24 Budget Update

Proposal for the City of Compton
FY 2023-24 BUDGET UPDATE

1519 E Chapman Ave
Suite C
Fullerton, CA 92831
(714) 992-9020
www.revenuecost.com

Proposal for the City of Compton – FY 2023-24 Budget Update

August 28, 2023

Sharon Rahban Navizadeh CPA, City Controller
City of Compton
205 S Willow Brook Ave
Compton, Ca 90220

Proposal for FY 2023-24 Budget Update

Revenue & Cost Specialists, LLC (RCS) appreciates th is opportunity to provide the City of Compton with this proposal to update the City’s FY 2023 -24 Budget. The Scope of Work addresses the City’s desire to review and update the City’s budget, and engage the City Council, and improve the budget process.

The terms of this proposal will be honored for 90 calendar days from the date of submittal.

Please contact Chu at (714) 992-9024 or
[email protected] with any questions.

Sincerely,

CHU THAI
Partner

Proposal for the City of Compton – FY 2023-24 Budget Update FY 24 BUDGET UPDATE – SCOPE OF WORK

Tasks are separated into three categories, based on the timeline to complete.

Category A. Complete Immediately – Does Not Require City Council Action These tasks should have occurred on or before July 1, 2023. They allow the Controller’s Office to “open” FY 24 in the finance software. It also allows Human Resources to take actions related to recruitments, reclassifications, title changes, and position control.

1. Create budget upload spreadsheets to populate the finance software with the budget data so requisitions and PO’s can be opened (0 hours) – Compton staff is already combining the adopted expenditures from the budget document and creating the data file (.xlsx, .txt, .csv, etc.) to import into the City’s ERP. This task also identifies any errors and omissions within the FY 24 Budget. RCS needs a copy of all the electronic budget files to complete the remaining tasks of this proposal.

2. Create p osition control sheets to allocate staffing FTE, salary and fringe expenses accurately in the City general ledger. Share the requested information with HR. (56 hours) – Merging the position schedules from the budget document should take 16 hours. Discussing with HR and matching the position control sheets may take 40 hours). This task will likely result in a revised position control schedule for the City.

Category B. September/October – Require City Council Action to Adjust Budget These tasks are mostly to correct errors and omissions in the FY 24 budget approved by the City Council in June 2023 . These c hanges require the City Council adoption of an FY 24 Adjusted Budget.

3. Review and update ISF revenues and expenditures ( 24 hours) and include them in the FY 24 Adjusted Budget – Compton Internal Service Funds include Equipment Rental, Central Duplication, Worker’s Comp and Liability. RCS will update the allocation methodology for the City’s Internal Service Funds. This task may require finding data (i.e. FTE, claims history, etc.) to properly allocate charges. RCS will create a journal entry to charge all funds/departments/divisions their proper ISF expenses.

This will require the City Council to adopt budget adjustments.

4. Review and update debt service schedules and include them in the FY 24 Adjusted Budget (24 hours) – RCS will review all debt service schedules and create a journal entry to charge the appropriate funds/departments/divisions. This will require the City Council to adopt budget adjustments.

5. Implement updated Cost All ocation Plan amounts into the B udget (8 hours) – The changes above will affect the Cost Allocation Plan and the overhead charges to funds/departments/divisions. RCS will create a journal entry, and this will require the City Council to adopt budget adjustments.

Proposal for the City of Compton – FY 2023-24 Budget Update

6. Develop CIP/Capital Improvement Plan as requested by the State Auditor (40 hours) – RCS will review the City’s current CIP and work with City staff to ensure there are appropriate project details and adequate funding. This work includes u pdate the Capital Improvement Projects (CIP) list designated for American Rescue Plan (ARPA) money. Ensure PO’s are opened by Dec 2024.

7. Train and work with staff to calculate the Gann Limit for the FY 24 Budget (16 hours) – RCS will create the spreadsheet to cal culate the City’s Gann Limit and show staff how to update in future years.

8. Update the budget policy, review the policy with management and include it with the FY 24 Budget document for adoption by the City Council (24 hours) – RCS will work with the Contro ller’s Office to develop best practices for budget policies and procedures.

9. Produce the Updated FY 24 Budget (60 hours) – RCS will build and include revenue and expenditure summary reports with history, the appropriate ISF schedules, administrative overhea d schedule, debt service schedules, transfer schedules, and staffing summary schedule. RCS will include a budget message, department descriptions, org charts and goals provided by the City. This document will be attached to the staff report requesting City Council action to adopt updated FY Budget numbers. RCS will utilize Microsoft Word, Excel and Adobe Acrobat to create the updated FY 24 Budget in .pdf format. The City will receive working files that are easy to update in the future.

10. Prepare b udget presentation which include budgetary highlights , comparisons to prior year, and explanation for budget adjustments (40 hours) – RCS will prepare the PowerPoint presentation, prepare budget amendment and attend the City Council meeting related to the FY 24 Adjusted Budget. Once approved by the City Council, RCS will provide the Controller’s office with an adjusted budget data file for import into the ERP. If there are few changes, RCS will update the budget document in Task 8 for publishing on the City’s website.

Category C. January 2024 – Requires City Council Participation These additional tasks were requested by the Controller’s Office. The benefit of our proposal is that the City Council will receive a financial update in September/October and again in January 2024.

11. In January 2024, present to the City Council an FY 24 Mid -Year Update and FY 25 City Council Budget Prioritization exercise (120 hours) – RCS recommends coordinating an FY 24 Mid-Year Review in January 2024 , in which the City Council can provide service delivery direction for the remainder of FY 24, and budget prioritization for FY 25. January is the optimum time for a mid-year update, because the City would have six months of FY 24 year-to-date revenues and expenditures, and improved projections. RCS will focus on the General Fund, Measure P fund, PERS fund, Water Enterprise Fund and all internal service funds.

Proposal for the City of Compton – FY 2023-24 Budget Update

12. Budget Process, Policies, Procedures and Best Practices (No charge for review, recommendations, or consultation. RCS’ hourly rate to perform task of Budget Manager) – RCS understands that the City intends to recruit and hire a City Manager and Budget Manager by January 2024, and it is uncertain which day the new Budget Manager would start. RCS can perform the task of the Budget Manager prior to his/her start date at RCS’ hourly rate. Once the new Budget Manager is on board, RCS will share resources; offering sample budget policies, procedures, and documents/templates we have available. We can offer recommendations and/or review of any City of Compton documents.

13. Risk Assessment (24 hours) – RCS can compile Compton’s comprehensive lists and schedules for risk assessment. These include complete inventories of vehicles, facilities, and equipment, worker’s compensation case history, liability case history, actuarial studies on pension costs and health care costs. RCS can also look for available risk management training programs for the City.

COMPTON PROJECT TEAM

Chu Thai, a Partner at RCS, will serve as project manager and conduct most of the work within this proposal. Eric Johnson will coordinate with HR to produce the position control list and provide alternative support to Chu.

Chu has developed and worked with city budgets for over 20+ years. While working for various cities, his budget received recognition for excellence. Chu served as Chair of the CSFMO Budget Award Committee and reviewed over two dozen budget documents for the CSMFO and GFOA budget award programs. Since joining RCS in 2017, Chu has worked with approximately 60 agency budgets and ACFR’s and can quickly analyze the c ity’s financial conditions based on these documents. RCS r esumes for the project team are available upon request.

PROJECT COST

During the project, the City may provide written notice to eliminate or modify any task(s), in which RCS will recalculate the project cost.

The billing rate for any additional work not covered by this proposal would be $195 per hour.

Our proposal covers all costs except for the following additional costs that the City may incur:

Proposal for the City of Compton – FY 2023-24 Budget Update • Insurance coverage beyond our basic general liability and workers compensation requiring an additional premium. RCS standard coverage includes workers compensation pursuant to state law, comprehensive liability Insurance with a combined single limit coverage of $2,000,000 and professional liability insurance with a combined coverage of $2,000,000.

RCS will submit three invoices plus any miscellaneous costs from the previous paragraph.

The first invoice will be submitted ten days after notice to proceed. Each invoice will be due within 30 days of submission.

September 12, 2023
TO: MAYOR AND CITY COUNCIL MEMBERS
FROM: HUMAN RESOURCES DEPARTMENT
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON

APPROVING AN AMENDMENT TO THE POSITION CLASSIFICATION

PLAN BY ADOPTING AMENDED CLASSIFICATION SPECIFICATIONS

FOR ACCOUNTANT II

SUMMARY
The City Council will consider a resolution amending the Position Classification Plan to amend the classification specifications for the position of Accountant II.

BACKGROUND
The City Manager authorized a review of the City’s current Position Classification Plan to include amendments to the Accountant II specification.

The City and representative(s) of the applicable employee bargaining union, AFSCME 3947, conferred and agreed to amend the Position Classification Plan to include the amended classification.

After conducting a properly noticed public hearing pursuant to the provisions of Sections 1010 and 1103 of the Compton City Charter on January 19, 2023, the Personnel Board approved amendment to the classification plan to include the amended classification specifications for Accountant II and recommend approval and adoption thereof to the City Council on January 19, 2023.

STATEMENT OF ISSUE
After review, staff has determined that in order to better classify the position according to authority, duties and responsibilities and to meet the current departmental needs it is necessary to amend the Classification Plan by amending the Accountant II classification.

The revision will update the existing Classification Plan.

FISCAL IMPACT
The salary for the revised classification is already included in the City’s 2023-2024 Fiscal Year’s budget in the Controller’s Office; therefore, no anticipated fiscal impact will result from approving the requested action.

7.7.7.7. Staff Report – Resolution Amending Classification Plan September 12, 2023

Page 2 ends

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

APPROVING AN AMENDMENT TO THE POSITION CLASSIFICATION

PLAN BY ADOPTING AMENDED CLASSIFICATION SPECIFICATIONS

FOR ACCOUNTANT II
WHEREAS, the City Manager authorized a review of the City’s current Position Classification Plan to include amendments to the Accountant II specification; and WHEREAS, the City and representative(s) of the applicable employee bargaining union, AFSCME 3947, conferred and agreed to amend the Position Classification Plan to include the amended classification; and
WHEREAS, after conducting a properly noticed public hearing pursuant to the provisions of Sections 1010 and 1103 of the Compton City Charter on January 19, 2023, the Personnel Board approved amendment to the classification plan to include the amended classification specifications for Accountant II and recommend approval and adoption thereof to the City Council on January 19, 2023; and WHEREAS, after review, staff has determined that in order to better classify the position according to authority, duties and responsibilities and to meet the current departmental needs it is necessary to amend the Classification Plan by amending the Accountant II classification. The revision will update the existing Classification Plan; and WHEREAS, the salary for the revised classification is already included in the City’s 2023-2024 Fiscal Year’s budget in the Controller’s Office; therefore, no anticipated fiscal impact will result from approving the requested action; and

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

Section 1.That the proposed classification plan include the amended classification specifications for Accountant II is hereby approved and added to the Position Classification Plan of the City of Compton.

Section 2.The salary for the above classifications are included in the City’s 2023-2024 adopted Fiscal Year budget; therefore, no anticipated fiscal impact will result from approving this resolution.

Section 3. That a copy of this Resolution shall be filed in the offices of the City Clerk, City Attorney, Human Resources, City Manager, 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
RESOLUTION NO. ______________

Page 2 ends

ATTEST:
___________________________________

CITY CLERK OF THE CITY OF COMPTON

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

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

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

CITY CLERK OF THE CITY OF COMPTON
Accountant, Senior

GENERAL PURPOSE DEFINITION: Under direction, Under general supervision, to perform and supervise professional accounting and auditing work, and to do other related work as may be required.

SUPERVISION RECEIVED/EXERCISED: Works under the general supervision of the City Controller and/or Deputy City Controller and/or the Accounting Supervisor.

PRIMARY DUTIES AND RESPONSIBILITIES:

The following essential functions are those that are critical, integral, necessary, crucial, primary and fundamental to the job.

Incumbents who possess the requisite skill, experience, education, and other job-related requirements of a position are expected to perform the essential functions of the job with or without a reasonable accommodation.

The following duties ARE NOT intended to serve as a comprehensive list of all duties performed by all employees in this classification, only a representative summary of the primary duties and responsibilities. Incumbent(s) may not be required to perform all duties listed and may be required to perform additional, position-specific duties. Analyses, controls, projects, and summarizes financial data Prepares, supervise and reviews estimates of revenue, reimbursements, expenditures, fund conditions and other investments and budgetary appropriations
Reconciles general ledger accounts, the bank accounts and cash receipts audits cash and other general ledger account transactions reviews and researches accounting problems, developing and implementing problem-solving mechanism; records interest bearing profits and verifies interest earned on City or departmental funds; prepares and post journal entries and closing entries; maintains accounting records for various accounts;
prepares financial reports and statements;
prepares the monthly expenditure and revenue report;
keeps records of capital asset purchases; and
forecast financial position and trends
Utilizes financial and spreadsheet programs on personal computer and mainframe platforms. Monitors grant expenditures and capital improvement projects, prepares reports, and verifies that grant requirements are satisfied.
Participates in training sessions for related topics
Performs training for peers, subordinates, and for staff in other departments for accounting or finance related topics
City of Compton

ACCOUNTANT II
Department: City Controller Class Code:

Revised Date: December 15, 2022 FLSA Status: Non-Exempt Personnel Board Approved: January
19, 2023
Council Approved:

Resolution No.

Bargaining Unit:

Local 3947
City of Compton
Accountant, II
Accountant - Page 2 of 3
PRIMARY DUTIES AND RESPONSIBILITIES (Continued):
Assists with yearly audit process.
Manages special projects as directed;
Performs other accounting and reporting duties as assigned or required.

MINIMUM QUALIFICATIONS:

Education and Experience:

Possession of a Bachelor’s Degree from an accredited college or university in Accounting, Economics Finance, Business Administration or related field; AND four (4) years municipal government accounting experience; OR an equivalent combination of education and experience. Equivalent to two years of professional experience performing accounting or auditing work in the capacity of an Accountant I. Additional two years of qualifying experience may be substituted for one year of required education.

Required Licenses or Certifications:
Must possess a valid California Class C Driver’s License.

Required Knowledge of:
City organization, operations, policies and procedures. Public sector accounting and budgeting systems and procedures. Accounting policies, procedures, and standards.
City ordinances, codes, policies, resolutions, and agreements related to accounting activities. Generally Accepted Accounting Principles for public sector finance. Accounting software relative to local government financial operations.

Required Skill in:
Establish and maintain financial records and procedures; analyze and prepare comprehensive financial statements and reports establish and maintain cooperative working relationships ability to estimate trends in expenditures and revenues ability to apply legal and administrative concepts to departmental and divisional accounting systems and budget administration
Understanding and applying accounting standards and procedures, internal controls, and applicable Federal and state rules and regulations.
Reviewing and verifying mathematical calculations, maintaining accurate accounting records, and identifying and reconciling errors.
Performing and coordinating a variety of professional accounting functions. Monitoring and ensuring compliance with accounting regulations, policies, and standards. Reconciling general ledgers and bank accounts.
Effective verbal and written communication.
Assessing and prioritizing multiple tasks, projects and demands.

Physical Demands / Work Environment:
Work is primarily performed indoors in a standard office environment. Work requires frequent light lifting, sorting, filing, typing and on occasion climbing (up to 4 feet). Moderate finger dexterity and near vision is required.

City of Compton
Accountant, II
Accountant - Page 3 of 3
May be exposed to minor amounts of dust and occasional sounds of office equipment running.

September 12, 2023
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: COMPTON FIRE DEPARTMENT
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

COMPTON AUTHORIZING THE CITY MANAGER TO
AMEND THE FISCAL YEAR 2023-24 FIRE DEPARTMENT

BUDGET AND ISSUE PURCHASE ORDERS TO ONE OR

MORE VENDORS (JANKOVICH, SC FUELS AND WOOD

OIL) FOR THE PURCHASE OF DIESEL FUEL, MOTOR

COOLANT AND MOTOR LUBRICANTS FOR THE
COMPTON FIRE DEPARTMENT ($120,000.00)

SUMMARY
This resolution will authorize the City Manager to amend the Fiscal Year 2023-24 Fire Department budget and establish purchase orders to one or more vendors (Jankovich, SC Fuels and Wood Oil) for the purchase of diesel fuel, motor oil, transmission fluids and radiator coolants in the amount not to exceed One Hundred Twenty Thousand Dollars and Zero Cents ($120,000.00).

BACKGROUND
The City of Compton Fire Department is responsible for the acquisition of diesel fuel for Fire Department use for emergency vehicles. The Fire Department manages delivery of fuel to the fuel station located at Fire Station 3, 1133 W.

Rosecrans Avenue. The Fire Department conducts daily fuel site inspections to meet local, state and federal reporting requirements and repairs, monitors and maintains the fuel site.

The price and availability of fuel has been unpredictable during previous fiscal years and has caused the Fire Department to request the ability to purchase from multiple fuel vendors during the fiscal year. The Fire Department is requesting the authority to obtain the lowest fuel prices per gallon from three (3) fuel providers:

Jankovich, SC Fuels and Wood Oil who all provide fuel service to local governments and other business fueling stations.
.

STATEMENT OF ISSUE
Staff solicited formal quotes for diesel fuel (Red DF of 7600 Gallons) from three vendors: The Jankovich Company ($0.0716 per gallon), SC Fuels ($0.02 per gallon) and Wood Oil Company ($0.18 per gallon). Staff is requesting the ability to purchase fuel for fiscal year 2023-2024 (i.e. July 1, 2023 – June 30, 2024) for the Fire Department in the amount of One Hundred Twenty Dollars ($120,000.00).

8.8.8. The Jankovich Company Staff Report
September 12, 2023 page 2
The funding to be allocated to one or more of the following vendors:
Jankovich
SC Fuels
Wood Oil
City Council approval is needed because the expenditure is in excess of $25,000.00 Dollars.

FINANCIAL IMPACT
Funding is available in Measure P Fund Balance and shall be appropriated as follows by:

Increase in expenditure appropriations to the Fire Department FY23-24 Budget:

Account Code Account Name Amount
1004-690-000-4228 Measure P Fund, $120,000
Fuel Expense

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

RONERICK SIMPSON

FIRE CHIEF

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 AMEND THE FISCAL YEAR 2023-24 FIRE DEPARTMENT

BUDGET AND ISSUE PURCHASE ORDERS TO ONE OR MORE VENDORS (JANKOVICH, SC FUELS AND WOOD OIL) FOR THE PURCHASE OF DIESEL FUEL,

MOTOR COOLANT AND MOTOR LUBRICANTS FOR THE COMPTON FIRE DEPARTMENT ($120,000.00)
WHEREAS,this resolution will authorize the City Manager to establish purchase orders to one or more vendors (Jankovich, SC Fuels and Wood Oil) for the purchase of regular and diesel fuel for the City of Compton’s Fire Department; and WHEREAS,the Fire Department is responsible for the acquisition of diesel fuel and other petroleum products; and
WHEREAS, Diesel Fuel and lubricants are provided by the Jankovich, SC Fuels and Wood Oil; and
WHEREAS, the price of fuel has been so unpredictable during previous years which has caused the Fire Department to request the authority to obtain the lowest fuel prices per gallon from three (3) fuel providers such as: Jankovich, SC Fuels and Wood Oil who provide satisfactory fuel service to local government and other business fueling stations; and
WHEREAS, staff solicited the following fuel quotes from providers: Jankovich Company ($0.0716 per gallon), SC Fuels ($0.02 per gallon) and Wood Oil ($0.018); and WHEREAS, funding for this expenditure is available in Measure P Fund Balance and shall be appropriated as follows:

Increase in expenditure appropriations to the Fire Department FY23-24 Budget:

Account Code Account Name Amount
1004-690-000-4228 Measure P Fund, $120,000
Fuel Expense

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

SECTION 1.That the City Manager is hereby authorized to issue purchase orders to one or more fuel vendors (Jankovich, SC Fuels and Wood Oil) for the purchase of gasoline and diesel fuel for the City of Compton Fire Department not to exceed One Hundred Twenty Thousand Dollars and Zero Cents, ($120,000.00).

SECTION 2.That the Fire Department Fiscal Year 2023-24 Budget be amended as follows to appropriate from Measure P Fund Balance:

Increase in expenditure appropriations to the Fire Department FY23-24 Budget:

Account Code Account Name Amount
1004-690-000-4228 Measure P Fund, $120,000
Fuel Expense
SECTION 3.That a copy of this resolution shall be forwarded to the offices of the City Clerk, City Manager, City Attorney, City Controller and the Fire Department.

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

Resolution No. _______________

Page 2 ends

ADOPTED this __________ day of __________________________ 2023. ______________________________

MAYOR OF THE CITY OF COMPTON
ATTEST:
___________________________________

CITY CLERK OF THE CITY OF COMPTON

STATE OF CALIFORNIA

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

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

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

CITY CLERK OF THE CITY OF COMPTON

September 12, 2023
TO: HONORABLE MAYOR AND CITY COUNCIL

FROM: CITY MANAGER
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON

AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT

WITH AND ESTABLISH A PURCHASE ORDER FOR NEW WEST

LANDSCAPING FOR PROPERTY MAINTENANCE AND LANDSCAPING

SERVICES ON SUCCESSOR AGENCY-OWNED PARCELS IN THE CITY
OF COMPTON ($47,400)

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 Forty Seven Thousand Four Hundred Dollars ($47,400.00) for services rendered.

BACKGROUND
As part of the winding down of the former Community Redevelopment Agency’s (“CRA”) activities, the Successor Agency is required to provide maintenance and landscaping services on Successor 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 Successor Agency-owned parcels.

STATEMENT OF THE ISSUE
The Successor Agency has fourteen (14) 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 Successor Agency needs to employ the services of a contractor to perform maintenance of the Successor Agency-owned parcels.

9.9.9.9.9.9. Staff Report – Resolution Authorizing Agreement with New West Landscaping/Successor Agency Properties
Property Maintenance & Landscaping Services
September 12, 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/Successor Agency Properties
Property Maintenance & Landscaping Services
September 12, 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 Evaluation Committee found that the proposal of New West 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 Successor Agency-owned properties.

FISCAL IMPACT
Funding for this expenditure is available in the Redevelopment Property Tax Fund Trust Low Cost Housing Fund. The amount of $47,400.00 is available in Account No. 1201-910- 000-4269. Should the option to renew each fiscal year after up to two fiscal years be exercised, the costs for services rendered during each fiscal year (i.e. FY 2024-2025 and FY 2025-2026) will be $47,400.00, which will be appropriated in future Successor Agency budgets.

Even though services rendered for Fiscal Year 2023-2024 will be for less than 12 months, it is anticipated that the $47,400.00 requested will be needed because there has not been any maintenance services performed on the properties since the end of Fiscal Year 2022- 2023.

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

JERRY GROOMES

CITY MANAGER
RESOLUTION NO. _____________

A RESOLUTION OF THE CITY OF COUNCIL OF THE CITY OF COMPTON

AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH

AND ESTABLISH A PURCHASE ORDER FOR NEW WEST LANDSCAPING

FOR PROPERTY MAINTENANCE AND LANDSCAPING SERVICES ON

SUCCESSOR AGENCY-OWNED PARCELS IN THE CITY OF COMPTON
($47,400)
WHEREAS, as part of the winding down of the former Community Redevelopment Agency’s (“CRA”) activities, the Successor Agency to the Community Redevelopment Agency of the City of Compton (“Successor Agency”) is required to provide maintenance, landscaping services and monitoring activities on Successor Agency-owned parcels slated for disposition and development pursuant to AB 26 and 1484 (collectively known as the “Dissolution Act”); and
WHEREAS, the Successor Agency has fourteen (14) 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 Successor Agency needs to employ the services of a contractor to perform maintenance of the Successor Agency- owned properties; 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/month
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/month
Four Seasons
landscaping
Not Broken Down
by Agency
Not Broken Down by
Agency $222,900.00
WHEREAS, staff found that the proposal of New West 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 Successor Agency-owned properties; and WHEREAS, funding for this expenditure are available in the Redevelopment Property Tax Fund Trust Low Cost Housing Fund.

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

Resolution No. _____________

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Section 1.That the City Manager, upon the advice and approval of City Attorney is hereby authorized to enter into a Property Maintenance Service Agreement with New West Landscaping (“New West”) 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 Successor Agency-owned properties.

Section 2.That funds for this expenditure in the amount of $47,400.00 are available in Account No. 1201-910-000-4269.

Section 3.That a purchase order is authorized to be established in the amount of $47,400.00 for services rendered during the remainder of Fiscal Year 2023-2024. That if the option to renew the term of the agreement is exercised, funds in the amount of $47,400.00 for such expenditure will be appropriated in future Successor Agency budgets.

Section 4.That a certified copy of this Resolution shall be filed in the offices of the City Manager, City Attorney, City Controller, 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 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: BOARD MEMBERS-
NOES: BOARD MEMBERS-
ABSENT: BOARD MEMBERS-
ABSTAIN: BOARD 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
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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
4 | P a g e 6

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 AGREEMENT

BETWEEN

NEW WEST LANDSCAPING
AND

SUCCESSOR AGENCY TO THE COMMUNITY REDEVELOPMENT AGENCY

OF THE CITY OF COMPTON
This AGREEMENT is made by and between the SUCCESSOR AGENCY TO THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF COMPTON, a distinct and separate legal entity from the City of Compton created pursuant to the laws of the State of California, (hereinafter referred to as “AGENCY”) located at 205 South Willowbrook Avenue, Compton, California 90220, and NEW WEST LANDSCAPING (hereinafter referred to as “CONTRACTOR”) located at 1019 West 133 rd Street, Gardena, California 90247, pursuant to Resolution No., adopted by the Board of Directors of the AGENCY on____, 2023.

WITNESSETH:

That the Agency 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 Agency-owned parcels, identified within the attachment titled “ATTACHMENT A”, 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 Agency. 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.

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 Agency’s Representative. Agency hereby designates the Executive Director of the Agency or his/her designated representative as Agency’s Representative for this Agreement.

Property Maintenance Services Agreement – New West Landscaping Successor Agency-Owned Parcels

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2. Compensation:

The method of payment for this Contract shall be based on lump sum fee amounts for each of the specified Agency-owned parcels, as agreed to by the Agency. 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 Agency. Adjustment in the total compensation payable for each project to be completed will not be effective until authorized by written approval by the Agency.

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 Agency 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 Agency 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 Executive Director of the Agency at the following address: Successor Agency 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 Agreement, it is understood between the parties that the maximum compensation payable to the Contractor for any and all services rendered during Fiscal Year 2019-20 of this Agreement is limited to a total not-to-exceed amount of fourty-seven thousand and four hundred dollars ($47,400). It is further understood that maximum compensation payable for Fiscal Year 2023-24 will be determined by the ROPS 2023- 24 approved by DOF which will be added to this contract as an Amendment.

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 Agency may condition payment of such compensation upon the Contractor’s delivery to the Agency of any and all Agency property, documents, reports, records and material associated with the performance of this Agreement.

3. Commencement of Services:

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

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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.

4.5If Agency deems any part of the work or Site unsafe, Agency may require Contractor, without assuming responsibility for Contractor’s safety program, to immediately stop performance of the work or take corrective measures. Neither Agency’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 Agency 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 Agency and the City of Compton, its officials, officers, employees, agents and volunteers (collectively hereafter the “Agency”) 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 Agency and shall defend, indemnify and save the Agency 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 Property Maintenance Services Agreement – New West Landscaping Successor Agency-Owned Parcels

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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 Agency.

6. Insurance:

The Contractor shall not commence work under this Contract until it has provided evidence satisfactory to the Agency and the City of Compton 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 the Agency and the City of Compton, 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. Failure on the part of the Contractor to procure or maintain insurance shall constitute a material breach upon which the Agency may immediately terminate this Agreement. 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 Agency.

All insurance required hereunder shall be primary with respect to any insurance maintained by the Agency and the City of Compton and shall not call on the Agency’s or the City of Compton’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 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.

. 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”.

Property Maintenance Services Agreement – New West Landscaping Successor Agency-Owned Parcels

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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 Agency 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 Successor Agency/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 Agreement.
(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 Agency, 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 Agency, 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 Agency, 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.

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6.4 Deductible. Any deductible or self-insured retention must be approved in writing by the Agency 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 Agency. 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 Agency. 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 Agency 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 Successor Agency/City of Compton as an “additional insured” to the subcontractor's policies.

7. Nondiscriminatory Employment Practices:

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.

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8. Successor and Assigns:

Agency 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 Agency. 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 Agency. Neither the Agency 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 manner officers, employees, agents or volunteers of the Agency. Contractor shall obtain no rights to retirement, health care or any other benefit that accrue to Agency officials, officers, or employees. Contractor expressly waives any claim to such rights.

10. Subcontracting:

Except as may be agreed to by the Agency, Contractor will not subcontract any portion of the services without prior written approval of Executive Director or his/her designee. If Contractor subcontracts any of the services, Contractor will be fully responsible to Agency 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 Agreement will create any contractual relationship between any subcontractor of Contractor and Agency. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by Agency.

11. Other Contractors:

The Agency 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 Property Maintenance Services Agreement – New West Landscaping Successor Agency-Owned Parcels

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Agreement, 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 Agreement, 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 Agreement, this Agreement 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 Agency may, without prejudice to any other right or remedy and after giving the Contractor five (5) days written notice, terminate this Agreement.

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 Agency may, without prejudice to any other right or remedy and after giving the Contractor five (5) days written notice, terminate this Agreement.

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

If the Agency gives notice of termination, Contractor shall cease immediately all work in progress unless otherwise directed in writing by the Agency. Upon termination, Contractor shall furnish to the Agency 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, Agency shall have the right to terminate this Contract upon any event that renders performance impossible. In such case, Agency shall be responsible for payment of all expenses incurred to the point at which this Contract is terminated.

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15. Waivers:

16. Amendments:

This Agreement may be modified or amended only by written document executed by both Contractor and Agency’s Executive Director and approved as to form by the General Counsel to the Agency. Such document shall expressly state that it is intended by the parties to amend the terms and conditions of this Agreement.

17. Notice:

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

To Agency: Successor Agency to the Community
Redevelopment Agency of the City of Compton
205 South Willowbrook Avenue
Compton, California 90220
Attn: Executive Director
(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 Agency for the period and to the extent required by laws relating to audits of public agencies and their expenditures.

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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 Agency or a designated representative. Copies of such documents shall be provided to the Agency, 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 Agreement.

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 Agency, or as part of any audit of the Agency, for a period of three (3) years, or longer if required by law, after final payment under this Agreement.

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 Agreement, 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 Agreement. For breach or violation of this warranty, Agency will have the right to terminate this Agreement for nonperformance, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee.

21. Extent of Agreement:

22. Governing Law, Jurisdiction and Venue:

This Agreement 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.

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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 Agreement, the relationship between Agency 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 Agency 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 Agreement. Contractor agrees to indemnify Agency for any claims, costs, losses, fees, penalties, interest, or damages suffered by Agency 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 Agreement.

25. 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.

IN WITNESS WHEREOF, CONTRACTOR has executed this Agreement and the AGENCY by its Executive Director, who is authorized to do so, has executed this Agreement.

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NEW WEST LANDSCAPING

CONTRACTOR
By _____________________________ Dated: ________________ Keith Dickerson, Owner

SUCCESSOR AGENCY TO THE

COMMUNITY REDEVELOPMENT

AGENCY OF THE CITY OF COMPTON
Approved By:

By ____________________________________ Dated: _____________________ Jerry Groomes, Executive Director
Approved as to form:

By __________________________________ Dated: _____________________ Eric Perrodin, General Counsel
ATTEST:

By _____________________________________ Dated: ___________________ Vernell McDaniel, Successor Agency Clerk

Compton City CouncilSeptember 12, 2023

Compton City Council
September 12, 2023