Section 2.That the rental rate for the twelve (12) month term of the lease agreement shall be Two Thousand Forty-One Dollars and Fifty-Two Cents ($2,041.52) per month.
Section 3.The cost to utilize the auditorium will vary depending on the hours and days the organization requests to operate their service; staff will bill The Secret Place Church in advance for each occurrence of Non-Business Hours requested.
Section 4.That Account No. 1001-000-000-3420 has been established to receive all facility lease payments.
Section 5.That a certified copy of this Resolution shall be filed in the offices of the City Manager (City Security), City Clerk, City Controller, General Services and the City Attorney.
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 the ______ day of _______________, 2023.
That said Resolution was adopted by the following vote, to wit:
AYES: COUNCIL MEMBERS-
NOES: COUNCIL MEMBERS-
ABSTAIN: COUNCIL MEMBERS-
ABSENT: COUNCIL MEMBERS-
____________________________________
CITY CLERK OF THE CITY OF COMPTON
PO Box 94533, Pasadena, California 91109
(562) 584-0417 [email protected] www.TSP91.org
November 8, 2023
City of Compton
205 South Willowbrook Avenue
Compton, California 90220
Re: Proposed Use of Property
To Whom It May Concern:
The Secret Place Church will utiliz e the facilities at 700 N. Bullis Road for prayer, Bible study, worship services, community outreach, leadership development, mentoring, performing arts, and entrepreneurial empowerment.
Our church engages the community inside and outside of the church walls. We believe in helping people to overcome unforeseen setbacks, generational poverty, low self-esteem, self-sabotage, fear of failure, and sometimes the anxiety inspiring responsibility of success. In short, we help people to become whole so they can make invaluable contributions to their families, the Compton community, and the world at large.
Sincerely,
Troy L. Campbell
Senior Pastor
T
HE SECRET PLACE CHURCH
193.3
132.75
374.019
598.112
528.448
521.606
381.11
302.069
363019
315.757
389.327
152.997
291.918
159.327
185.683
171.804
159.051
666.704
286.337
778.357
The Secret
Place Church
CareerLink
Auditorium
LEASE AGREEMENT BETWEEN
CITY OF COMPTON
AND
THE SECRET PLACE CHURCH
This LEASE AGREEMENT is entered into by and between the CITY OF COMPTON, a municipal corporation of the State of California (hereinafter referred to as “OWNER”) and THE SECRET PLACE CHURCH (hereinafter referred to as “LESSEE”), collectively, the “Parties.”
RECITALS:
WHEREAS, the City of Compton (“Owner”), has under its jurisdiction certain real property located at 700 North Bullis Road, Compton, California 90221, also known as the “CareerLink” facility (the “Site”); and WHEREAS, on_________ the City Council adopted Resolution No. ______, which authorized the City Manager to enter into a lease agreement with The Secret Place Church (“Lessee”) for a period of twelve (12) months, commencing December 1, 2023, through November 30, 2024; and NOW, THEREFORE, Owner and Lessee, for the consideration, terms and conditions herein described, mutually agree as follows:
WITNESSETH:
Section 1. Premises. The Owner, for and in consideration of the performance of the covenants and agreements hereinafter contained to be kept and performed by the Lessee and upon the following terms and conditions, hereby leases to the Lessee, and the Lessee hereby hires and takes of and from the Owner, those certain Premises situated in the City of Compton, County of Los Angeles, State of California, more particularly described as:
Compton CarrerLink Facility
700 North Bullis Road
Compton, California 90221
[The “Site”]
Lessee shall lease approximately 676 square feet of indoor office space within the Site building (as outlined on the attached Diagram/map of the Site/Premises). Lessee may also have access to and use of shared public spaces within the site.
Lease Agreement – The Secret Place Church
Compton CareerLink Facility – Classroom 4A
700 North Bullis Road, Compton, CA 90221 (676 Square Feet) December 1, 2023 – November 30, 2024 / Resolution No. **** 2 Exclusive Indoor Space:
[The “Premises”]
The Premises are leased in "AS IS" condition and Lessee acknowledges that it has inspected and accepts the Premises in their present condition as suitable for the purpose for which the Premises are leased. Taking of possession by Lessee shall be conclusive to establish that the Premises are in good and satisfactory condition when possession is taken. Owner makes no warranties or representation as to the suitability of the Premises for Lessee's intended use, including without limitation, as to zoning, visibility, traffic count or any other factors.
Section 2. Term. This Lease shall be for a term of twelve (12) months commencing on December 1, 2023, and shall terminate on November 30, 2024, unless extended or terminated as otherwise provided herein. This Lease shall supersede any previous Leases and/or agreements, written or oral.
Section 3. Rent.During the Lease term, the Lessee shall pay to Owner as rent for said Premises hereof the total sum of Two Thousand Forty-One Dollars and Fifty-Two Cents ($2,041.52) per month, based on a rental rate of Three Dollars and Two Cents ($3.02) per square foot for each square foot of exclusive use indoor space. Lease payments shall be due in advance on the first day of each and every month of the term hereof. Any lease payment not received by the Owner by the tenth (10th) day of the month will be deemed late and a late fee (penalty) in the amount of Five Percent (5%) will be charged.
Payments shall be remitted to: General Services Department 205 South Willowbrook Avenue
Compton, California 90220
Attn: Director
Payable to: City of Compton
[Please identify your Lease Site on the payment]
[Lease Site: CareerLink – 700 N. Bullis Rd.
Class Room 4A]
Section 4. Use of Premises. Lessee is entitled to use the Premises during normal building business days/hours (Mondays through Fridays, 7:00 a.m. to 6:00 p.m.), (excepting legal City holidays) for the following purpose(s) only:
Administrative Offices and Support Services
Classroom 4A 676 square feet
Lease Agreement – The Secret Place Church
Compton CareerLink Facility – Classroom 4A
700 North Bullis Road, Compton, CA 90221 (676 Square Feet) December 1, 2023 – November 30, 2024 / Resolution No. **** 3 Lessee shall not use the Premises for any other purposes without the prior written consent of the Owner. Lessee shall not use the Premises for residential purposes or for any commercial purposes not stated herein. Lessee shall not use the Premises for the storage of unusable equipment or property or for the rental or storage of any type of equipment not integral to the purposes of the Program.
Use of Premises at Shared Site on City Holidays and Non-Business Hours On those dates designated by the City Council as legal City holidays, the Site (including the Premises) shall be closed. If Lessee desires to use the Premises on a City holiday or during hours not specified above, Lessee shall pay the City the costs (e.g. employees' salary) of providing access to the Premises/Site and for provision of City security (if applicable).
Lessee shall provide written notification to the General Services Department a minimum of three (3) business days in advance of its desire to use the Premises on a City holiday or during non-business building hours. Owner shall provide Lessee with an invoice for the costs owed by Lessee for access/use of the Premises on a City holiday or during non-business building hours, which shall be due and payable on receipt by the Lessee.
Section 5. Delivery of Premises. If Owner, for any reason, cannot deliver the Premises described above to Lessee at the commencement of the term hereof, Owner shall not be deemed to be in default hereunder, nor shall Owner be liable to Lessee for any loss or damage resulting directly or indirectly arising out of or resulting from such failure and Lessee at Lessee’s option, may declare this Agreement to be null and void.
Section 6. Utilities and Other Services. Owner agrees to furnish the following utilities and services at Owner's expense during normal business hours:
a. Electricity for normal lighting and power for office use. Special or additional electrical requirements over and above the standard for general office uses will be charged directly to Lessee.
b. Heating/Cooling.
c. Hot and cold water.
d. Routine maintenance.
e. General/shared security for the Site.
Lease Agreement – The Secret Place Church
Compton CareerLink Facility – Classroom 4A
700 North Bullis Road, Compton, CA 90221 (676 Square Feet) December 1, 2023 – November 30, 2024 / Resolution No. **** 4 Any and all other types of utilities (e.g. telephone, cable, etc.) and services shall be at the sole expense and responsibility of the Lessee. Prior written approval shall be required for the installation of any utility and/or service that will involve physical alteration of the Premises and/or Site. Lessee shall reimburse Owner for the cost of repairing any and all damages to the Premises and/or Site caused directly or indirectly by Lessee's utility or service provider or its equipment.
Owner shall in no way be liable or responsible for any loss, damage or expense that Lessee may sustain or incur by reason of any change, failure, interference, disruption or defect in the supply or character of the utilities and services supplied to Premises and/or Site, unless directly caused by the active negligence or willful misconduct of the Owner.
Section 7. Assignment and Subletting. Lessee agrees not to sublet the whole or part of the Premises, assign the Lease nor permit the use of the Premises by anyone other than the Lessee, its employees, business invitees, customers and patrons without in each case first securing the written consent of the Owner. Any attempted assignment or subletting of this Lease without the written consent of the Owner constitutes fraud and this Agreement shall be null and void.
Section 8. Alterations and Additions. Lessee shall not make any alterations or construct any additions or improvements in or on the Site and/or the Premises until the Owner has been provided with said plans and specifications for the project. Once the Owner has been provided with said plans and specifications, Owner shall have a fifteen (15) day minimum review period before granting Lessee approval or disapproval of the project in writing. Lessee shall, at the time of the request, specify if they desire to retain ownership and/or possession of the alteration, addition, or improvement subject to plan review by Owner at Lessee’s expense.
Owner agrees that except for structural alterations, the Lessee may remove, during or a the expiration or other termination of the term of this Lease, or of any extension or holdover period thereof, as the case may be, personal property placed or installed n or upon the Site and/or the Premises by the Lessee or under its authority. Any personal property, improvements or additions not removed by Lessee within thirty (30) days after the end of the term, or any extension or holdover period thereof, shall automatically become the property of Owner.
Lessee shall repair any damage to the Site and/or the Premises caused by Lessee’s installation and/or removal of its personal property, alterations, improvements or additions.
Lease Agreement – The Secret Place Church
Compton CareerLink Facility – Classroom 4A
700 North Bullis Road, Compton, CA 90221 (676 Square Feet) December 1, 2023 – November 30, 2024 / Resolution No. **** 5 Lessee shall, at its sole cost and expense, be allowed to place its typical signage on the Building on the Site upon the Owner's advance written approval.
Section 9. Repairs and Maintenance. Owner shall not be responsible to make any repairs or alterations to the Premises, excepting due to reasonable normal wear and tear, and Lessee assumes any and all cost and liability for the repair and maintenance of the Premises leased herein, unless such repairs, alterations or maintenance are due to Owner’s negligence or willful misconduct.
Lessee agrees to repair any damage caused by Lessee, its employees, contractors, agents or invitees, negligently or otherwise, at its own expense, and maintain the Premises leased and to return said Premises to Owner in as good order, repair and condition as the same were in at the commencement of this Lease. Lessee must obtain prior written approval from the Owner prior to commencing any repairs to the leased Premises.
Lessee shall continue to maintain said Premises in good repair and tenable condition and in compliance with all health, safety and sanitation laws, ordinances and regulations of the State of California and local authorities throughout the term of the Lease.
Lessee agrees to keep Premises in good order and condition at their sole cost and expense. All work done by Lessee on the Premises shall be done in a lawful manner and in conformity with all applicable laws, ordinances and regulations. The Premises shall be kept free from any and all liens and charges on account of labor or materials used in contribution to any work thereon.
Unless otherwise required by law or expressly provided for within this Lease Agreement, Owner shall have no liability to Lessee for any condition on the Premises leased herein and Lessee agrees that It has inspected the same, knows the condition and takes this Lease with the Premises in its present condition. Lessee agrees to hold the Owner harmless from any and all liability arising out of or in connection with the use for the Premises leased here b the Lessee, its agents, employees business invitees, customers and patrons, except to the extent any such liability is attributable to Owner’s negligence or willful misconduct.
Section 10. Insurance. Lessee shall furnish certificates of insurance, along with endorsements, issued to Owner substantiating the fact that it has taken out the specified insurance for the term covered by this Lease, or any extension or holdover period thereof, with an insurance carrier acceptable to the Owner under forms satisfactory to the Owner. Each certificate shall bear an endorsement precluding cancellation or reduction in coverage of any policy covered by such certificate except upon at least thirty (30) days prior written notice to Owner. It is Lease Agreement – The Secret Place Church
Compton CareerLink Facility – Classroom 4A
700 North Bullis Road, Compton, CA 90221 (676 Square Feet) December 1, 2023 – November 30, 2024 / Resolution No. **** 6 agreed that Owner shall not be liable for the payment of any premiums or assessments on the insurance required.
Lessee shall present evidence of required insurance and certificate of endorsement to Owner no later than the commencement date of this Lease and each and every lease year thereafter. The Lessee shall not occupy the Premises until the Owner has received and approved the required certification. Failure on the part of the Lessee to procure or maintain insurance shall constitute a material breach upon which the Owner may immediately terminate this Lease Agreement.
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.General Liability.Lessee shall provide and maintain at its own expense during the term of this Lease 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) per occurrence. The coverage shall be written on an occurrence basis. Claims made coverage is not acceptable.
b.Workers’ Compensation Insurance.Lessee shall provide and maintain at its own expense during the term of this Agreement a program of Workers’ Compensation Insurance and Employer’s Liability Insurance in an amount and form to meet all applicable requirements of the State Labor Code and which specifically covers all persons providing services by or on behalf of the Lessee and all risks to such persons under the Agreement. c.Fire and Casualty Insurance.Lessee shall maintain fire insurance on such party’s own equipment and property or to adequately self-insure the same.
Lessee shall provide, or cause to be provided, and maintained at its sole cost property insurance in the amount of the value of the improvements on the Premises on a replacement cost basis. The property insurance shall insure against the perils of fire (with extended coverage), theft, vandalism, malicious mischief, collapse, flood, earthquake, windstorm and physical loss or damage.
Owner will not keep improvements which are constructed or installed and owned by Lessee under the provisions of this Lease insured against fire or casualty, and Lessee will make no claim of any nature against Owner by reason of any damage to the business or property of Lessee in the event of damage or destruction by fire or other cause, arising other than from or out of negligence or willful misconduct of agents or employees of the Owner in the course of their employment.
Lease Agreement – The Secret Place Church
Compton CareerLink Facility – Classroom 4A
700 North Bullis Road, Compton, CA 90221 (676 Square Feet) December 1, 2023 – November 30, 2024 / Resolution No. **** 7 d.Insurance Endorsements.The liability insurance policy(ies) shall be endorsed with the following language:
(1) The City of Compton and its respective elected and
appointed officers, officials, employees, agents and volunteers are to be named and covered as “additional insureds” with respect to liability arising out of the activities of the Lessee.
(2) The insurer waives all rights of subrogation against the City. (3) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City.
(4) Identify the leased Premises covered by the policy(ies) and the identity of the insured(s).
e.Contractor’s Insurance Requirements. Lessee shall require that any contractors and subcontractors used to perform improvements/repairs to the building structure and Premises as provided in Sections 8 and 9 of this Lease Agreement to provide and maintain during the entire period of performing improvements/repairs the following programs of insurance:
(1) 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 and Two Million Dollars ($2,000,000.00) general aggregate. The coverage shall be written on an occurrence basis. Claims made coverage is not acceptable. (2) A program of Workers’ Compensation Insurance and Employer’s Liability Insurance in an amount and form to meet all applicable requirements of the State Labor Code and which specifically covers all persons providing services by or on behalf of the contractor and all risks to such persons. (3) A program of Automobile Liability Insurance with a limit of liability of not less than One Million Dollars ($1,000,000.00) for each accident. Such insurance shall include coverage for all “owned”, “hired” and “non-owned” vehicles, or coverage for “any auto”.
(4) The Contractor(s) liability insurance policy(ies) shall be endorsed with the following language: The City and its respective elected and appointed officers, officials, employees, agents and volunteers are to be named and covered as “additional insureds” with respect to liability arising out of the activities of the contractor.
Lease Agreement – The Secret Place Church
Compton CareerLink Facility – Classroom 4A
700 North Bullis Road, Compton, CA 90221 (676 Square Feet) December 1, 2023 – November 30, 2024 / Resolution No. **** 8 Insurance coverage specified herein constitutes the minimum requirements and said requirements shall in no way lessen or limit the liability of the Lessee and/or its contractors and subcontractors under the terms of the Lease Agreement. Lessee 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 relating to Lessee’s use of the Premises and improvement/repairs made to the Premises.
Section 11. Losses.Owner shall not be responsible for losses or damage to personal property, equipment or materials of Lessee. Owner will not keep improvements which are constructed or installed and owned by Lessee under the provisions of this Lease insured against fire or casualty, and Lessee will make no claim of any nature against Owner by reason of any damage to the business or property of Lessee in the event of damage or destruction by fire or other cause, arising other than from or out of the gross negligence or willful misconduct of agents or employees of the Owner in the course of their employment.
Section 12. Damage or Destruction.
a. Termination of Lease. If the entire Premises or any material portion thereof are damaged or destroyed by earthquake or other violent action of the elements, or by fire or other casualty such that it is difficult or impossible for Lessee to continue operating its business thereon, then either Owner or Lessee may cancel this Lease as of the date of damage or destruction by delivering written notice to the other within thirty (30) days following the damage or destruction. If the Lease is cancelled, Lessee shall surrender the Premises and shall not be obligated for any further rental payment and Owner shall refund any unearned rent paid in advance by Lessee, calculated at a daily rate based on the regular monthly rental.
Repair of Premises. In the event of any lesser damage by casualty (other than that caused by or do the actions/inactions of the Lessee), Owner shall, at Owner's cost and expense, promptly repair the same to the extent Owner's insurance proceeds are made available to Owner therefor and provided that (a) such repairs, in Owner's reasonable good faith opinion, can be commenced within thirty (30) days of the event which necessitated the repair and restoration, unless it is not reasonably possible to commence repair and restoration within thirty (30) days from the date of such damage or destruction (without payment of overtime or other premiums) and (b) the cost of such repairs, in Owner's reasonable good faith opinion, will not exceed 50% of the then replacement cost of the Site. If Owner is not required to repair such damage or destruction, then Owner shall, within 30 days from the date of such damage or destruction, either (i) notify Lessee in writing of Owner's election to repair such damage or destruction, in which event Owner shall promptly repair the same, or (ii) notify Lessee in writing of Owner's election to immediately terminate this Lease, in Lease Agreement – The Secret Place Church
Compton CareerLink Facility – Classroom 4A
700 North Bullis Road, Compton, CA 90221 (676 Square Feet) December 1, 2023 – November 30, 2024 / Resolution No. **** 9 which event this Lease is terminated effective as of the date of such damage or destruction. Lessee may terminate this Lease effective as of the date of any such damage or destruction if Lessee reasonably determines in its good faith opinion that such damage or destruction substantially impairs the satisfactory operation of the Lessee's operations by notifying Owner in writing of Lessee's election to terminate not later than 30 days after the date of such damage or destruction.
Loss Caused by Lessee. If the Premises are wholly or partially damaged or destroyed as a result of the gross negligence or willful misconduct or omission of Lessee, Lessee shall forthwith diligently undertake to repair or restore all such damage destruction at Lessee's sole cost and expense. This Lease shall continue in full force and effect without any abatement or reduction in rent or other payments owed by Lessee, and this obligation of Lessee to repair or restore the Premises shall survive the cancellation of this Lease.
Exclusive Remedy. This Section 12 shall be Lessee's sole and exclusive remedy in the event of damage or destruction of the Premises, and Lessee waives and releases Lessee's rights under California Civil Code Section 1932 and 1933(4).
No damages, compensation or claim shall be payable by Owner for any inconvenience, any interruption or cessation of Lessee's business, or any annoyance, arising from any damage or destruction of all or any portion of the Premises.
Section 13. Hazard Materials.Lessee shall not use any Hazardous Materials in/or on Site or the Premises, except as necessary in the ordinary course of business and in full compliance with all Environmental Laws. Lessee will promptly notify Owner of any release or presence of any Hazardous Material in/on the Premises of which Lessee becomes aware.
a. Remediation. If Hazardous Materials are released at the Site and/or Premises by Lessee, its agents, employees, or contractors, then Lessee is solely responsible for the removal and/or remediation of any Hazardous Materials to the extent required by governmental authorities in compliance with applicable Environmental Laws.
b. Indemnification. Lessee shall indemnify and hold Owner harmless from and against any and all claims, actions, suits, proceedings, loss, liabilities, damages, fines, costs, or expense (including reasonable attorneys’ fees, consultants’ fees, investigation and laboratory fees, court costs, and litigation expenses), which arise from the presence of Hazardous Materials at the Site and/or Premises released by Lessee or its agents, employees, or contractors.
Lease Agreement – The Secret Place Church
Compton CareerLink Facility – Classroom 4A
700 North Bullis Road, Compton, CA 90221 (676 Square Feet) December 1, 2023 – November 30, 2024 / Resolution No. **** 10 Section 14. Default.
Lessee shall pay said rent to the Owner without deduction, default or delay. In the event of the failure of Lessee to do so, or in the event of a breach of any other terms, covenants or conditions herein contained on the part of Lessee to be kept and performed and if such default continues for a period of thirty (30) days after receipt of written notice from Owner to Lessee of such default, this Lease may be terminated. Owner may not terminate the Lease if (a) Lessee cures the default within the thirty (30) day period after notice of default is given, or (b) the default cannot reasonably be cured within thirty (30) days after notice of default is given, but Lessee reasonably commences to cure the default within the thirty (30) day period and diligently and in good faith continues to cure the default. In the event of termination of this Lease, it shall be lawful for Owner to reenter into and upon the Premises and every part thereof and to remove and store at Lessee’s expense all property therefrom and to repossess and occupy the Premises. In addition thereto, Owner shall have such other rights or remedies as may be provided for by law.
Section 15. Holding Over. In case Lessee holds over beyond the term herein provided with the consent, express or implied, of the Owner, such tenancy shall be from month-to-month only, subject to the same terms and conditions of this Lease, but shall not be a renewal hereof. Such month-to-month tenancy shall be terminable on thirty (30) days written notice by either party to the other party.
Section 16. Cancellation Provision.Notwithstanding any other provisions contained herein, either party shall have the right to cancel this Lease, without cause, at anytime, upon thirty (30) days prior written notice to the other party.
Section 17. Owner’s Access. Lessee agrees to permit the Owner or Owner’s authorized agents, upon reasonable advance notice, free access to the Premises at all reasonable times for the purpose of inspection of the Premises or for making necessary alterations, improvements or major repairs.
Section 18. Discrimination. The Lessee herein covenants by and for itself, its heirs, executors, administrator, and assigns, and all persons claiming under or through it that this Lease is made, accepted and subject to the following conditions:
That there shall be no discrimination against or segregation of any person or group of persons, on account of race, color, creed, religion, sex, marital status, national origin, or ancestry, the leasing, subleasing, transferring, use, occupancy, tenure, enjoyment of the Premises herein leased nor shall the Lessee itself, or any person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with referenced to the selection, location, number, use of occupancy, of Lessees or vendees in the Premises herein leased.
Lease Agreement – The Secret Place Church
Compton CareerLink Facility – Classroom 4A
700 North Bullis Road, Compton, CA 90221 (676 Square Feet) December 1, 2023 – November 30, 2024 / Resolution No. **** 11 Section 19. Indemnification. Lessee shall indemnify and save harmless the Owner, its officials, officers, employees, agents and volunteers (collectively hereafter the “Owner”), against any and all damages to property or injuries to or death of any person or persons, and shall defend, indemnify and save the Owner from any and all liability and expense, including 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 in any way resulting from or arising out of Lessee’s, its employees, contractors, agents or invitees negligent or intentional acts in or on the Premises, or from conduct of Lessee, its employees, contractors, agents or invitees practice or business from any activity, work or things done.
This indemnification and hold harmless obligation does not extend to claims arising out of the sole negligence or willful misconduct of the Owner.
Section 20. Partnership Disclaimer.Lessee and any and all agents of Lessee shall act in an independent capacity and not as officers or employees of the Owner. Nothing herein contained shall be construed as constituting the parties herein as partners.
Section 21. Vacating Premises. Lessee shall, on the last day of said term or sooner termination of this Lease, peaceably and quietly leave, surrender and yield up to the Owner, the Premises in good order, condition and repair, reasonable use and wear thereof and damage by acts of nature, excepted.
Section 22. Compliance with Laws.Lessee shall at its sole cost and expense, comply with all the laws and requirements of all municipal, county, state and federal authorities now in force, or which may hereafter be in force pertaining to the Premises and use of the Premises as provided by this Lease.
Section 23. Easements and Right of Way.This Lease is subject to all existing easements and right of way. Owner further reserves the right to grant additional public utility easements as may be necessary and Lessee hereby consents to the granting of any such easements. The public utility will be required to reimburse Lessee for any damages suffered by Lessee caused by the construction work on the easement area.
Section 24. Parking Access.Unless specifically provided herein, if off-street parking is provided at the Site of the Premises, Lessee, its employees and invitees may have equal access to non-restricted/non-reserved parking spaces provided to all Lessees on a first-come, first-served basis.
Lease Agreement – The Secret Place Church
Compton CareerLink Facility – Classroom 4A
700 North Bullis Road, Compton, CA 90221 (676 Square Feet) December 1, 2023 – November 30, 2024 / Resolution No. **** 12 Section 25. Relocation.Lessee acknowledges that Lessee, its employees, contractors, subordinates and assigns are not entitled to any Relocation Payment or Relocation Advisory Assistance due to their occupancy of the Premises.
Section 26. Failure to Perform.In the event of the failure, neglect or refusal of Lessee to do, or perform work, or any part thereof, of any act or thing in this Lease provided to be done and performed by Lessee, Owner shall, at its option, have the right to do and perform the same, and Lessee hereby covenants and agrees to pay Owner the costs thereof on demand.
Section 27. Binding on Successors.Each and all of the terms and agreements herein contained shall be binding upon and shall inure to the benefit of the successors in interest of the Owner, and wherever the context permits or requires the successors in interest to the Lessee.
Section 28. Amendments. This Lease Agreement may be modified or amended only be written document executed by both Lessee and Owner’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 Lease Agreement.
Section 29. Waivers.A waiver by either party to this Agreement of any breach of any terms, covenants or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character.
Section 30. Governing Law and Severability.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 in state trial courts shall lie exclusively in the County of Los Angeles.
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.
Section 31. Notices. All notices, demands or requests to be given under this Lease Agreement shall be given in writing and conclusively shall be deemed received when: (a) delivered personally, or (b) on the fifth (5th) business day after the deposit thereof in the United States mail, postage prepaid, and Lease Agreement – The Secret Place Church
Compton CareerLink Facility – Classroom 4A
700 North Bullis Road, Compton, CA 90221 (676 Square Feet) December 1, 2023 – November 30, 2024 / Resolution No. **** 13 addressed as hereinafter provided, or (c) one business day after send by facsimile transmission.
To OWNER: City of Compton
205 South Willowbrook Avenue
Compton, California 90220
Attn: Director, General Services Department
(310) 605-5519
(310) 605-1753 – fax.
With copy to: City of Compton
205 South Willowbrook Avenue
Compton, California 90220
Attn: City Manager
To LESSEE: The Secret Place Church
P.O. Box 94533
Pasadena, CA 91109
Attn: Troy L. Campbell
Senior Pastor
(562) 714-7658
Section 32. Entire Agreement. This Lease and any exhibits or attachments hereto and incorporated herein constitute the entire agreement of Owner and Lessee. There are no agreements, terms, conditions or obligations other than those set forth herein.
This Lease shall supersede all previous communications, representations or agreements, either verbal or written between Owner and Lessee. This agreement may be modified only by written agreement signed by both Owner and Lessee.
IN WITNESS WHEREOF, Lessee has executed this Lease and the Owner, by its City Manager, who is authorized to do so, has executed this Lease.
THE SECRET PLACE CHURCH
LESSEE
By __________________________________ Dated: ______________ Troy L. Campbell, Senior Pastor
Lease Agreement – The Secret Place Church
Compton CareerLink Facility – Classroom 4A
700 North Bullis Road, Compton, CA 90221 (676 Square Feet) December 1, 2023 – November 30, 2024 / Resolution No. **** 14 CITY OF COMPTON/OWNER
Recommended for Approval:
By __________________________________ Dated: ______________ Nebraska Jones, Director
General Services Department
Approved by:
By __________________________________ Dated: ______________ Jerome Groomes, City Manager
Approved as to form:
By _________________________________ Dated: ______________ Eric J. Perrodin, City Attorney
ATTEST:
Dated: _________________ By _____________________________ Vernell McDaniel, City Clerk
Attachmts:
Resolution No. _________
Diagram of Premises
City of Compton Holiday Schedule
December 12, 2023
TO: MAYOR AND COUNCIL MEMBERS
FROM: CITY ATTORNEY
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AUTHORIZING THE CITY MANAGER TO ENTER INTO A 3-YEAR
SUBSCRIPTION AGREEMENT WITH THOMSON REUTERS FOR
WESTLAW’S ONLINE LEGAL RESEARCH DATABASE ($17,280).
SUMMARY
This resolution is a request to authorize the City Manager to enter into a 3-year (i.e.
December 1, 2023 through November 30, 2026) subscription agreement with Thomson Reuters for use of the Westlaw Online Legal Research Database and establishment of a purchase order in the amount of Seventeen Thousand, Two Hundred Eighty Dollars ($17,280.00) for subscription services during the first year of the agreement.
BACKGROUND
City Attorney’s Office (“Office”) personnel consistently use online legal subscription databases to conduct legal research daily in regard to civil litigation, criminal prosecution, contracts, resolutions, ordinances and legal opinion writing obligations. For the past three (3), the Office contracted with Thomson Reuters for use of the Westlaw Online Legal Research Database, however that contract expired on November 30, 2023 leaving the urgent need for the Office to either enter into a new subscription services with Thomson Reuters or contract with a comparable legal database research company for this vital service.
STATEMENT OF THE ISSUE
Prior to the recently expired contract with Thomson Reuters, Staff had solicited proposals from the industry’s two legal database research companies, LexisNexis and Thomson Reuters. The Office has utilized both of these respective online legal research databases over the past few years. As a result, Staff has been very content with the services, including both exclusive offers and pricing options presented, from Thomson Reuters and desires to continue its subscription service with Thomson Reuters. Therefore, no other proposal was solicited.
Staff agreed to continue with the Office’s subscription and enter into another 3-year subscription agreement with Thomson Reuters. Thomson Reuters proposed a 3-year subscription agreement for $1,440.00 per month with no more than a 3% increase per year and full access to all law libraries in their inventory.
7.7.7. Staff Report – Authorize 3-Year Contract
Thomson Reuters/Legal Subscription Services
December 12, 2023, page 2
Based on this exclusive offer and pricing option presented, Staff determined that continuing the business relationship with Thomson Reuters best meets the needs of the Office.
ALTERNATIVE
The alternative to online research is law library publication research (i.e. purchase and maintenance of hardcopy publications – books). This option will require the purchase of numerous hardcopy publications plus required and frequent purchases of updates to the publications. The cost of purchasing the numerous hardcopy publications used by the Office personnel needed for performing daily responsibilities -- plus maintenance and updating -- will be greatly higher than the price of the Thomson Reuters’ legal subscription.
FINANCIAL IMPACT
The fiscal impact for this expenditure is $1,440.00 per month for the first 12-months of the subscription agreement, which is available in the City Attorney’s Office 2023-24 Fiscal Year budget, in Account No. 1001-420-000-4222. The anticipated cost for the remaining term of the agreement is $1,440.00 per month for a total of $17,280.00 per year, with no more than a 3% increase per year, which shall be allocated in future City budgets.
RECOMMENDATION
Staff recommends that the City Council adopt the attached Resolution.
ERIC J. PERRODIN
CITY ATTORNEY
APPROVED FOR FORWARDING:
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 3-YEAR
SUBSCRIPTION AGREEMENT WITH THOMSON REUTERS FOR
WESTLAW’S ONLINE LEGAL RESEARCH DATABASE ($17,280)
WHEREAS, the City Attorney’s Office (“Office”) personnel consistently use online legal subscription databases to conduct legal research daily in regard to civil litigation, criminal prosecution, contracts, resolutions, ordinances and legal opinion writing obligations; and
WHEREAS, currently, the Office contracts with Thomson Reuters for use of Westlaw’s Online Legal Research Database and is very content with the services, including both exclusive offers and pricing options presented, rendered from Thomson Reuters for this vital service; and
WHEREAS, Thomson Reuters proposed a 3-year subscription agreement for $1,440.00 per month with no more than a 3% increase per year and full access to all law libraries in their inventory; and
WHEREAS, based on the exclusive offer and pricing option presented, staff determined that the proposal received from Thomson Reuters best meets the needs of the Office; and
WHEREAS, funds for this expenditure are available in the City Attorney’s Office 2023-2024 Fiscal Year Budget in Account No. 1001-420-000-4222.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COMPTON RESOLVES AS FOLLOWS:
SECTION 1. That the City Manager, on the advice and approval of the City Attorney, is hereby authorized to enter into a three (3) year subscription agreement with Thomson Reuters for the use of Westlaw’s Online Legal Research Database at the cost of One Thousand One-Hundred Four Dollars ($1,440.00) for the first year of the agreement and with no more than a 3% increase per year for the remaining term of the agreement.
SECTION 2. That funds in the amount of One Thousand, Four Hundred Four Dollars ($1,440.00) for use of Thomson Reuters subscription services during the first year of the agreement are available in the City Attorney 2023-2024 Fiscal Year Budget, in Account No. 1001-420-000-4222.
SECTION 3. That a certified copy of this resolution shall be filed in the offices of the City Manager, City Attorney, City Controller, Building and Safety, Planning, Compton Fire, Code Enforcement, Public Works and City Clerk departments.
SECTION 4.That the Mayor shall sign and the City Clerk shall attest to the adoption of this Resolution.
ADOPTED this ______ day of ___________, 2023.
________________________________
MAYOR OF THE CITY OF COMPTON
ATTEST:
____________________________________
Resolution No. __________
CITY CLERK OF THE CITY OF COMPTON
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF COMPTON: ss
I, Alita Godwin, City Clerk of the City of Compton, hereby certify that the foregoing Resolution was adopted by the City Council, signed by the Mayor, and attested by the City Clerk at a regular meeting thereof held on the ______ day of _____________, 2023.
That said Resolution was adopted by the following vote, to wit:
AYES: COUNCIL MEMBERS-
NOES: COUNCIL MEMBERS-
ABSENT: COUNCIL MEMBERS-
ABSTAINS: COUNCIL MEMBERS-
____________________________________
CITY CLERK OF THE CITY OF COMPTON
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COMPTON CITY ATTORNEY
205 S WILLOWBROOK AVE
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Account #: 1000075890
COMPTON CITY ATTORNEY
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COMPTON, CA 90220-3134
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Material # Product Monthly Charges Minimum Terms
(Months)
40757482 West Proflex $1,440.00 36
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Quantity Unit Service Material # Description
1 Each 40757482 West Proflex
5 Attorneys 42077755 Westlaw All Analytical, Enterprise access, Government 5 Attorneys 41935298 Gvt PeopleMap Premier And Company Investigator For Government (Westlaw PRO™)
5 Attorneys 41933492 Practical Law Premier, Enterprise access, Government 5 Attorneys 41933475 Westlaw Litigation Collection, Enterprise access, Government 5 Attorneys 43102993 Westlaw Precision Preferred National Primary Law, Enterprise access, Government
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First Name
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Account Contact
Customer Type Description
Merle Green [email protected] EML PSWD CONTACT
Lapsed Products
Sub Material Active Subscription to be Lapsed
40757481 West Proflex
42510229 Westlaw Edge National Primary Law, Enterprise access, Government 42077754 Westlaw All Analytical, Enterprise access, Government 41933477 Westlaw Litigation Collection, Enterprise access, Government 41935299 Gvt PeopleMap Premier And Company Investigator For Government (Westlaw PRO™) 41933493 Practical Law Premier, Enterprise access, Government
Charges During Minimum Term
Material
#
Product
Name
Year 1
Charges per
Billing Freq
% incr
Yr 1-2*
Year 2
Charges per
Billing Freq
% incr
Yr 2-3*
Year 3
Charges per
Billing Freq
%
incr
Yr 3-
4*
Year 4
Charges
per Billing
Freq
%
incr
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5*
Year 5
Charges
per Billing
Freq
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Charges During Minimum Term
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December 12, 2023
TO: MAYOR AND CITY COUNCIL
FROM: CITY MANAGER
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AUTHORIZING THE CITY MANAGER TO ENTER INTO A THREE (3)
YEAR PROFESSIONAL SERVICES AGREEMENT WITH AND
ESTABLISH A PURCHASE ORDER TO WILLDAN FINANCIAL
SERVICES FOR THE ANNUAL ADMINISTRATION OF THE
LANDSCAPE AND LIGHTING DISTRICT ASSESSMENTS AND SEWER
SERVICE CHARGES IN AN AMOUNT NOT TO EXCEED NINETY-SEVEN THOUSAND EIGHT-HUNDRED DOLLARS ($97,800.00).
SUMMARY
Adoption of this Resolution will authorize the City Manager to enter into a three (3) year Fiscal Years’: 2023-2024, 2024-2025, 2025-2026) Professional Services Agreement (Agreement) with and establish a purchase order to Willdan Financial Services for the annual administration of the Landscape and Lighting District Assessments and Sewer Service Charges in an amount not to exceed Ninety-Seven Thousand Eight-Hundred Dollars ($97,800.00), for the initial three (3) year Agreement.
BACKGROUND
The City of Compton annually levies and collects special assessments in order to maintain the improvements that provide special benefit to properties within the Compton Landscape and Lighting District No. 1 (the “District”). Assessments are levied annually for the District pursuant to the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code (the “1972 Act”).
The City also assesses a Sewer Service Charge used for the maintenance of the existing sanitary sewer system and repayment of a portion of the sewer bonds previously issued for reconstruction of the City’s sewer system. Maintenance includes the repair or replacement of damaged mains, manholes and appurtenant structures in order to maintain the system for the health, safety and welfare of the parcels charged within the City.
The first step for City Council to take in levying assessments is to adopt a resolution, which authorizes the award of a contract to an experienced and qualified municipal finance consulting firm for the preparation of the Annual Landscape and Lighting District Assessments and Sewer Service Charges.
8.8.8.8.8. Staff Report – 3-Year Professional Services Agreement Willdan Financial Services for Annual Administration
Landscape and Lighting District Assessment and Sewer Service Charge December 12, 2023 Page 2
Accordingly, the Department solicited Request for Proposals (RFPs) from qualified engineering consulting firms to perform the City of Compton’s Landscape and Lighting and Sewer Service Charge Assessments in accordance with the California Street and Highway Code for the following fiscal year(s): 2023-2024, 2024-2025, 2025-2026, with two additional one-year terms, upon satisfactory services.
STATEMENT OF ISSUE
The Department commenced the Request for Proposal (RFP) process on March 20, 2023, and it concluded on May 4, 2023; during that time, we were able to garner responses from two engineering firms that were interested in providing the Department with Landscape and Lighting and Sewer Service Charge Assessment services.
The consultants that submitted proposals are listed as follows:
Rank Vendor Proposal Total
1. Willdan Financial Services $32,600.00/Fiscal Year
$97,800.00/Total
2. DTA $26,780.00/Fiscal Year
$80,340.00/Total
After a thorough review of the proposals submitted, staff has determined that Willdan Financial Services was deemed the most responsive and responsible bidder. Willdan provided a more comprehensive proposal, which included a detailed step-by-step guide for the approach and methodology portion of the proposal for the Landscape and Lighting District Assessment and the Sewer Service Charges. DTA did not submit a detailed step- by-step guide for the approach and methodology portion of the proposal, as required by the RFP.
Willdan also provides professional consulting services on behalf of 40 agencies throughout Los Angeles County, and during fiscal year 2022-2023, Willdan levied over $124 million in charges. The project’s team extensive experience means that the City can confidently expect quick response times to questions and request, high-quality project deliverables and minimal impact on City staff time.
Furthermore, Willdan has successfully worked with the City on multiple projects and will bring a high level of professionalism and expertise to this project, and this assertation is based on an active working knowledge of our organization, including a comprehensive understanding of the City procedures, and positive relationships with City staff.
Overall, Willdan’s proposal clearly demonstrated their proposed project team possessed the core competencies, depth of resources, experience, and institutional knowledge Staff Report – 3-Year Professional Services Agreement
Willdan Financial Services for Annual Administration
Landscape and Lighting District Assessment and Sewer Service Charge December 12, 2023 Page 3
required to successfully facilitate the preparation of the Annual Landscape and Lighting District Assessments and Sewer Service Charges.
Therefore, in order to authorize the City Manager to enter into an Agreement between the City of Compton and Willdan Financial Services, City Council’s authorization is necessary.
FISCAL IMPACT
Funds in the amount of Thirty-Two Thousand Six Hundred Dollars ($32,600.00) are available in the Public Works 2023-2024 budget in Account No(s).: 2502-710-000-4262 and 5116-710-000-4262.
Funds will be appropriated during the budget development process in the subsequent years (2024-2025, 2025-2026) as follows:
Fiscal Year Account No. Amount
2024-2025 2502-710-000-4262 $16,300.00
5116-710-000-4262 $16,300.00
2025-2026 2502-710-000-4262 $16,300.00
5116-710-000-4262 $16,300.00
Additionally, staff is requesting to allocate an additional $10,000 for the mailing of the Sewer Exemption Letters from Account No. 5116-710-000-4262.
ALTERNATIVE
There are no other alternatives that are being recommended at this time.
RECOMMENDATION
Staff recommends that City Council adopt the attached Resolution, which authorizes the City Manager to enter into a Professional Services Agreement with and establish a purchase order to Willdan Financial Services for the annual administration of the Landscape and Lighting District Assessments and Sewer Service Charges.
JOHN D. STRICKLAND, JR.,
DIRECTOR OF PUBLIC WORKS
APPROVED FOR FORWARDING:
JEROME GROOMES
Staff Report – 3-Year Professional Services Agreement
Willdan Financial Services for Annual Administration
Landscape and Lighting District Assessment and Sewer Service Charge December 12, 2023 Page 4
CITY MANAGER
RESOLUTION NO. ___________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AUTHORIZING THE CITY MANAGER TO ENTER INTO A THREE (3)
YEAR PROFESSIONAL SERVICES AGREEMENT WITH AND
ESTABLISH A PURCHASE ORDER TO WILLDAN FINANCIAL
SERVICES FOR THE ANNUAL ADMINISTRATION OF THE
LANDSCAPE AND LIGHTING DISTRICT ASSESSMENTS AND SEWER
SERVICE CHARGES IN AN AMOUNT NOT TO EXCEED NINETY-SEVEN
THOUSAND EIGHT-HUNDRED DOLLARS
WHEREAS, adoption of this Resolution will authorize the City Manager to enter into a three (3) year Fiscal Years’: 2023-2024, 2024-2025, 2025-2026) Professional Services Agreement (Agreement) with and establish a purchase order to Willdan Financial Services for the annual administration of the Landscape and Lighting District Assessments and Sewer Service Charges in an amount not to exceed Ninety-Seven Thousand Eight-Hundred Dollars ($97,800.00), for the initial three (3) year Agreement; and
WHEREAS, the City of Compton annually levies and collects special assessments in order to maintain the improvements that provide special benefit to properties within the Compton Landscape and Lighting District No. 1 (the “District”), and assessments are levied annually for the District pursuant to the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code (the “1972 Act”); and WHEREAS, the City also assesses a Sewer Service Charge used for the maintenance of the existing sanitary sewer system and repayment of a portion of the sewer bonds previously issued for reconstruction of the City’s sewer system, and maintenance includes the repair or replacement of damaged mains, manholes and appurtenant structures in order to maintain the system for the health, safety and welfare of the parcels charged within the City; and
WHEREAS, the first step for City Council to take in levying assessments is to adopt a Resolution, which authorizes the award of a contract to an experienced and qualified municipal finance consulting firm for the preparation of the Annual Landscape and Lighting District Assessments and Sewer Service Charges; and WHEREAS, the Department solicited Request for Proposals (RFPs) from qualified engineering consulting firms to perform the City of Compton’s Landscape and Lighting and Sewer Service Charge Assessments in accordance with the California Street and Highway Code for the following fiscal year(s): 2023-2024, 2024-2025, 2025-2026, with two additional one-year terms, upon satisfactory services; and WHEREAS, the Department commenced the Request for Proposal (RFP) process on March 20, 2023, and it concluded on May 04, 2023; during that time, we were able to garner responses from two engineering firms that were interested in providing the Department with Landscape and Lighting and Sewer Service Charge Assessment services; and
WHEREAS, the consultants that submitted proposals are listed as follows:
Rank Vendor Proposal Total
1. Willdan Financial Services $32,600.00/Fiscal Year
$97,800.00/Total
2. DTA $26,780.00/Fiscal Year
$80,340.00/Total; and
WHEREAS, after a thorough review of the proposals submitted, staff has determined that Willdan Financial Services was deemed the most responsive and responsible bidder; and
WHEREAS, Willdan provided a more comprehensive proposal, which included a detailed step-by-step guide for the approach and methodology portion of the proposal for the Landscape and Lighting District Assessment and the Sewer Service Charges; and WHEREAS, DTA did not submit a detailed step-by-step guide for the approach and methodology portion of the proposal, as required by the RFP; and WHEREAS, Willdan also provides professional consulting services on behalf of 40 agencies throughout Los Angeles County, and during fiscal year 2022-2023, Willdan levied over $124 million in charges, and the project’s team extensive experience means that the City can confidently expect quick response times to questions and request, high- quality project deliverables and minimal impact on City staff time; and WHEREAS, Willdan has successfully worked with the City on multiple projects and will bring a high level of professionalism and expertise to this project, and this assertation is based on an active working knowledge of our organization, including a comprehensive understanding of the City procedures, and positive relationships with City staff; and WHEREAS, Willdan’s proposal clearly demonstrated their proposed project team possessed the core competencies, depth of resources, experience, and institutional knowledge required to successfully facilitate the preparation of the Annual Landscape and Lighting District Assessments and Sewer Service Charges; and WHEREAS, funds in the amount of Thirty-Two Thousand Six Hundred Dollars ($32,600.00) are available in the Public Works 2023-2024 budget in Account No(s).:
2502-710-000-4262 ($16,300) and 5116-710-000-4262 ($16,300); and WHEREAS, funds will be appropriated during the budget development process in the subsequent years (2024-2025, 2025-2026) as follows:
Fiscal Year Account No. Amount
2024-2025 2502-710-000-4262 $16,300.00
5116-710-000-4262 $16,300.00
2025-2026 2502-710-000-4262 $16,300.00
5116-710-000-4262 $16,300.00
WHEREAS, in order to authorize the City Manager to enter into an Agreement between the City of Compton and Willdan Financial Services, City Council’s authorization is necessary.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COMPTON DOES HEREBY RESOLVE AS FOLLOWS:
Section 1.That the City Manager, upon the advice and approval of the City Attorney, is hereby authorized to enter into a Professional Services Agreement between the Willdan Financial Services for the Annual Administration of the Landscape and Lighting District Assessments and Sewer Service Charges.
Section 2.That the City of Compton designates the City Manager as the person authorized to execute all agreements and any amendments thereto with Willdan Financial Services.
Section 3.That funds in the amount of $32,600.00 will be made available in the Public Works Engineering Department’s 2023-2024 Fiscal Year in Account No(s). 2502- 710-000-4262 ($16,300) and 5116-710-000-4262 ($16,300).
Section 4.That funds in the amount of $10,000 annually will be made available for the Sewer Exemption letter distribution in Account No. 5116-710-000-4262 and a purchase order is authorized to be established to Wildan annually from Account No. 5116- 710-000-4262.
Section 5.That a purchase order in the amount of $16,300.00 from Account No. 2502-710-000-4262 and $16,300 from Account No. 5116-710-000-4262 is authorized to be established for the Willdan Financial Services for services to be rendered on the Administration of the Landscape and Lighting District Assessments and Sewer Service Charges.
Section 6.That funds will be appropriated during the budget development process in the subsequent years (2024-2025, 2025-2026) as follows:
Fiscal Year Account No. Amount
2024-2025 2502-710-000-4262 $16,300.00
5116-710-000-4262 $16,300.00
2025-2026 2502-710-000-4262 $16,300.00
5116-710-000-4262 $16,300.00
Section 7. That funds and will be appropriated for the additional two one-year options in future City budgets.
Section 8. That a copy of this Resolution shall be filed in the offices of the City Manager, City Controller, City Clerk, City Attorney, and Public Works Engineering Department.
Section 9.That the Mayor shall sign and the City Clerk shall attest to the adoption of this Resolution.
ADOPTED this _______day of _____________, 2023.
_______________________________
MAYOR OF THE CITY OF COMPTON
ATTEST:
___________________________________
CITY CLERK OF THE CITY OF COMPTON
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF COMPTON )
I, Vernell McDaniel, City Clerk of the City of Compton, hereby certify that the foregoing Resolution was adopted by the City Council, signed by the Mayor and attested by the City Clerk at a regular meeting thereof held this _______ day of ________________, 2023.
That said Resolution was adopted by the following vote, to wit:
AYES: COUNCIL MEMBERS –
NOES: COUNCIL MEMBERS –
ABSTAIN: COUNCIL MEMBERS –
ABSENT: COUNCIL MEMBERS –
___________________________________
CITY CLERK OF THE CITY OF COMPTON
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
CITY OF COMPTON
AND
WILLDAN FINANCIAL SERVICES
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 WILLDAN FINANCIAL SERVICES (hereinafter referred to as “CONSULTANT”), located at 27368 Via Industria, Suite 200, Temecula, California 92590.
RECITALS:
WHEREAS, state law (the “Landscape and Lighting Act of 1972”) requires the City to annually prepare and adopt the Landscape and Lighting District No.1 and Sewer Service Charge Assessments; and
WHEREAS, the City requires the services of an experienced and qualified municipal finance consultant to assist with the timely preparation of the annual Landscape and Lighting District No.1 and Sewer Service Charges; and
WHEREAS, the City has determined that it will be prudent to engage the services of the Consultant (Willdan Financial Services), a professional and experienced municipal finance consultant to prepare the necessary reports and studies for the Landscape and Lighting District No. 1 and Sewer Service Charges for the Fiscal Years of 2023-2024, 2024-2025 and 2025-2026 and optional two one-year extensions; and
WHEREAS, by Resolution No. _____, adopted on the __ of ________ 2023, the City Council authorized the City Manager to accept the proposal of the Consultant and enter into a contract to provide the necessary services; and
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. Services to be rendered by Consultant.It is the mutual understanding of the parties that the Consultant shall perform and be responsible for rendering services for the City’s Landscaping and Lighting District that will complement and meet the needs of the City’s annual administration for its Landscaping and Lighting Assessments for the Fiscal Years of 2023-2024, 2024-2025 and 2025-2026 and optional two one-year extensions.
Professional Services Agreement – Willdan Financial Services Preparation of Lighting, Landscape & Sewer Assessments Fiscal Years’ 2023-2026 PW.Resolution No. _____
2 Consultant shall also perform and be responsible for rendering services for the City’s Sewer Service Charges that will complement and meet the needs of the City’s annual administration for its Sewer Service Charge for the Fiscal Years of 2023-2024, 2024-2025 and 2025-2026 and optional two one-year extensions; as more fully specified in the Consultant’s “Technical Proposal to the City of Compton for Landscape and Lighting District and Sewer Service Charge Assessments,” dated May 2, 2023, which is attached hereto and incorporated herein by this reference.
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.
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 performing the services to be provided pursuant to this Agreement.
Stacee Reynolds, Project Manager of Consultant, 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 agreed services for each fiscal year are complete, unless terminated earlier.
Professional Services Agreement – Willdan Financial Services Preparation of Lighting, Landscape & Sewer Assessments Fiscal Years’ 2023-2026 PW.Resolution No. _____
3 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 the project schedules 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 this Contract will be on monthly completion basis, as specified within Consultant’s Fee Proposal, which is incorporated herein.
Except as otherwise agreed herein and provided in Consultant’s Proposal, the total price paid the Consultant will include compensation for all work, including travel, materials, supplies, vendor services, expenses and subcontracted work. No additional compensation will be paid to the Consultant, unless there is a change in the scope of the 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 Director of Public Works Department at the following address: City of Compton, 205 South Willowbrook Avenue, Compton, California 90220.
As full and complete compensation for performance of all the services performed by the Consultant pursuant to this Agreement, City shall pay, and Consultant agrees to accept, a sum of Thirty-Two Thousand Six Hundred Dollars ($32,600.00), inclusive of estimated reimbursable costs and expenses for completion of services for each Fiscal Year of 2023-2024, 2024-2025 and 2025-2026 (i.e. a total for all 3-years of $97,800.00). The sum of Thirty-Two Thousand Six Hundred Dollars ($32,600.00) will also applies to the optional two one-year extensions
In the event of termination, the Consultant shall be entitled to compensation for the undisputed reasonable value of services performed to the effective date of termination, including any noncancellable obligations incurred prior to termination; provided, however, that the City may condition payment of such compensation upon the Consultant’s delivery to the City of any Professional Services Agreement – Willdan Financial Services Preparation of Lighting, Landscape & Sewer Assessments Fiscal Years’ 2023-2026 PW.Resolution No. _____
4 and all City property, documents, reports, records, materials and work product associated with the performance of this Agreement.
4. Ownership of Materials.All product produced by Consultant or 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 services 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 Work Product in connection with a project 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. 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 Professional Services Agreement – Willdan Financial Services Preparation of Lighting, Landscape & Sewer Assessments Fiscal Years’ 2023-2026 PW.Resolution No. _____
5 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 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, Professional Services Agreement – Willdan Financial Services Preparation of Lighting, Landscape & Sewer Assessments Fiscal Years’ 2023-2026 PW.Resolution No. _____
6 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 officers2, agents, volunteers and employees make no representation that the limits of the insurance specified to be carried by Consultant pursuant to this Agreement are adequate to protect Consultant. The coverage will contain no special limitations on the scope of its protection to the below-designated insured’s except for Workers Compensation and errors and omissions insurance. Consultant will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. If Consultant believes that any required insurance coverage is inadequate, Consultant will obtain such additional insurance coverage, as Consultant deems adequate, at Consultant's sole expense.
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 reporting period commencing upon termination or cancellation of this Agreement.
Professional Services Agreement – Willdan Financial Services Preparation of Lighting, Landscape & Sewer Assessments Fiscal Years’ 2023-2026 PW.Resolution No. _____
7 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 reporting 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, documents, proceedings, and activities related to the Agreement for a period of three (3) years, or longer if required by law, from the date of final payment under this Agreement.
14. Warranties.Consultant represents and warrants (i) that Consultant has no obligations, legal or otherwise, inconsistent with the terms of this Agreement or with Consultant’s undertaking this relationship with City, (ii) that the performance of the services called for by this Agreement do not and will not violate any applicable law, rule or regulation or any proprietary or other right of any third party, (iii) that Consultant will not use in the performance of his responsibilities under this Agreement any confidential information or trade secrets of any other person or entity and (iv) that Consultant has not knowingly entered into or will enter into any agreement (whether oral or written) in conflict with this Agreement.
15. General Compliance with Laws. Consultant will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner 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. In the event the Consultant encounters any conflict between such laws and ordinances, Consultant shall notify the City in writing and the parties agree to work cooperatively to resolve the conflict.
16. Termination.In the event of the Consultant's failure to prosecute, deliver, or perform the services, after giving written notice of default and two (2) days to correct the same, then, in addition to any other remedies, City may terminate this Agreement for nonperformance by notifying Consultant in writing. Consultant has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Consultant has performed which is usable and of worth to City in having Professional Services Agreement – Willdan Financial Services Preparation of Lighting, Landscape & Sewer Assessments Fiscal Years’ 2023-2026 PW.Resolution No. _____
8 the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. In the event City elects to terminate, City will have the right to immediate possession of all Work Product and work in progress prepared by Consultant, whether located at Consultant's place of business, or at the offices of a subconsultant.
The City’s obligation is payable only from funds appropriated for the purpose of this Agreement. All funds for payments after the end of the current fiscal year are subject to the City’s legislative appropriation for this purpose. In the event this Agreement extends into succeeding fiscal year periods and the City Council does not allocate sufficient funds for the next succeeding fiscal year payments, this Agreement shall terminate immediately upon written notice from the City.
Either Party, upon tendering fifteen (15) calendar days written notice to the other Party, may terminate this Agreement for convenience. In this event and upon request of City, Consultant will assemble the Work Product without charge and put it in order for proper filing and closing and deliver it to City. Consultant will be paid for work performed to the termination date; however, the total shall not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made.
17. 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.
18. 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 debarment 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.
19. 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, debarment, voluntary exclusion, or determination of ineligibility by any Federal, State or local agency; has not been suspended, debarred, voluntarily excluded or determined ineligible by any Federal, State or local agency Professional Services Agreement – Willdan Financial Services Preparation of Lighting, Landscape & Sewer Assessments Fiscal Years’ 2023-2026 PW.Resolution No. _____
9 within the past 3 years; does not have a proposed debarment pending; and has not been indicted, convicted, or had a civil judgment rendered against he/she/it by a court of competent jurisdiction in any matter involving fraud or official misconduct in connection with obtaining, attempting to obtain, or performing a public (Federal, state or local) transaction or contract under a public transaction; violation of Federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property within the past 3 years; and are not presently indicted or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in the preceding paragraph; and have not had one or more public transactions (Federal, State or local) terminated for cause or default within the past 3 years.
If there are any exceptions to this certification, insert the exceptions in the following space. [Supply exceptions on separate page]
For any exception noted above, indicate below to whom it applies, initiating agency, and dates of action.
[Attach separate page]
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.
______________________________________ ___________________ Gladys Medina, Vice President (Date)
20. 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.
21. 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.
22. Waivers.The waiver by either Party of any breach or violation of any term, covenant, or condition of this Agreement or of any applicable law will not be deemed to be a waiver of such term, covenant, condition or law or of any subsequent breach or violation of same or of any other term, covenant, condition or law. The acceptance by either Party of any fee or other payment which may become due under this Agreement will not be deemed to be a waiver of any preceding breach or violation by the other Party of any term, covenant, or condition of this Agreement or any applicable law.
Professional Services Agreement – Willdan Financial Services Preparation of Lighting, Landscape & Sewer Assessments Fiscal Years’ 2023-2026 PW.Resolution No. _____
10 23. 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.
24. 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.
25. 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.
26. Confidentiality. All documents, reports, information, data, and exhibits prepared or assembled by Consultant in connection with the performance of the services pursuant to the Agreement are confidential until released by the City to the public, and the Consultant will not make any of these documents or information available to any individual or organization not employed by the Consultant or the City without the written consent of the City before any such release.
27. 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.
28. 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: Willdan Financial Services
27368 Via Industria, Suite 200
Temecula, California 92590
Attn: Gladys Medina, Vice President
(951) 587-3500
(951) 587-3510 – fax.
To City: City of Compton
205 South Willowbrook Avenue
Compton, California 90220
Attn: Director, Public Works Department
(310) 605-5505
(310) 605-6326 – fax.
Copy to: City of Compton
Professional Services Agreement – Willdan Financial Services Preparation of Lighting, Landscape & Sewer Assessments Fiscal Years’ 2023-2026 PW.Resolution No. _____
11 205 South Willowbrook Avenue
Compton, California 90220
Attn: City Manager
29. Miscellaneous.No provision of this Agreement is to be interpreted for or against either party because that party or that party’s legal representative drafted such provision.
Should either party hereto, or any representative, successor or assign of either party hereto, resort to litigation to enforce the provisions of this Agreement, the party or parties prevailing in such litigation shall be entitled, in addition to such other relief as may be granted, to recover its or their reasonable attorney’s fees and costs in such litigation from the party or parties against whom enforcement is sought.
IN WITNESS WHEREOF, CONSULTANT has executed this Agreement, and the CITY, by its City Manager, who is authorized to do so, has executed this Agreement.
WILLDAN FINANCIAL SERVICES/CONSULTANT
Dated: _______________ By ___________________________________ Gladys Medina, Vice President
CITY OF COMPTON
Approved by:
Dated: _______________ By _________________________________ Jerome Groomes, City Manager
Approved as to form:
By _________________________________ Dated: ______________ Eric J. Perrodin, City Attorney
ATTEST:
Dated: _______________ By __________________________________ Vernell McDaniel, City Clerk
City of Compton, CA
Landscape and Lighting District
and Sewer Service Charge
Assessments
T 951.587.3500 800.755.6864 | F 951.587.3510 888.326.6864 | 27368 Via Industria, Suite 200, Temecula, CA 92590 | www.willdan.com
May 2, 2023
Mr. John D. Strickland, Jr.
Project Manager
City of Compton
Public Works Engineering Department
205 South Willowbrook Avenue
Compton, California 90220
Re: Technical Proposal to the City of Compton for L andscape and Lighting District and Sewer Service Charge Assessments
Dear Mr. Strickland:
Willdan Financial Services (“Willdan”) is pleased to submit the following proposal to provide administration services specific to the City of Compton’s (“City”) Landscape and Lighting District and Sewer Service Charge Assessments.
Willdan possesses the depth of staffing resources a nd advanced technology necessary to effectively exe cute the associated volume of work, on time and within budge t, with a focus on responsive service to City staff . We are the best partner to continue to assist the City with these important services for the reasons detailed below.
Local Familiarity ― Since 2004 Willdan has served as the City’s special district administrator overseeing the annual administration of Landscape and Lighting Dis trict No. 1 and the Sewer Service Charge. We have a lso provided additional professional consulting services including the preparation of the City’s Cost Allocation Plan and User Fee Study. Through these engagements, our staf f has gained unmatched firsthand knowledge of the C ity, enhancing their understanding of local issues and c hallenges. We will leverage our knowledge of your o perations and key staff to facilitate the requested administration services, i ncluding the sewer charge exemptions, in a cost-effective and efficient manner; focusing less time on data gathering and more on a nalysis, thus allowing City staff to focus their time on direct City operations.
Tenured Core Team ― Willdan understands that consistency of staff desi gnated as “key” to a project is vital. Our approach to each engagement involves bringing toget her a committed core team to be responsive to clien t needs to form a cohesive and flexible unit. For that reason, Ms. Stacee Reynolds will continue to serve as project manager, while Ms. Sabina Haug will be the analyst dedicated to the district administration. Collectively, these individuals will serve as an extension of your staff in providing the City the requisite experience and technical knowledge in district management.
Technological Innovations ― Considerable resources have been invested in the de velopment and continual enhancement of MuniMagic+ SM , Willdan’s proprietary software system that maintains parcel data; calculates taxes, assessments, fees and charges; manages delinquency information; preserves bond-related information; an d houses district and property information, as well a s property owner call logs. This system allows Will dan team members to house, manipulate, and process the data (e.g., secured property tax roll, parcel change database, etc.) used for accurate charge administration and histori cal recordkeeping in a manner that enables for the delivery of cost effective, efficient and high-quality services. This software also allows us to make your data available via direct Internet access to City staff 24 hours a day, 7 days a week.
We are confident this submittal clearly demonstrates that Willdan and our proposed project team posses s the core competencies, depth of resources, experience, and i nstitutional knowledge required to successfully con duct this engagement. If you wish to discuss any aspect of ou r submittal, please contact Ms. Reynolds directly a t (951) 587-3551 or via email at [email protected] . We look forward to hearing from you.
Sincerely,
WILLDAN FINANCIAL SERVICES
Gladys Medina
Vice President / Director
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City of Compton , CA
Table of Contents
Company Overview ....................................................................................................................................................... 1 Firm Profile ......................................................................................... ................................................. 1 Project Experience and Qualifications ................................................................ .................................. 2 Client References .................................................................................... ............................................ 6 Project Team ................................................................................................................................................................... 7 Resumes ........................................... ................................................... ............................................... 7 Stacee Reynolds ...................................................................................... ............................................ 8 Sabina Haug .......................................................................................... .............................................. 9 Tyrone Peter, PE ..................................................................................... .......................................... 10 Approach and Methodology .................................................................................................................................... 11 Landscaping and Lighting District Administration ..................................................... .......................... 11 Sewer Service Charge Administration .................................................................. .............................. 12 Client Responsibilities .............................................................................. .......................................... 13 Fee Proposal ........................................................................................................................ Under Separate Cover
Landscape and Lighting District and Sewer Service Charge Assessments 1
City of Compton , CA
Company Overview
Firm Profile
Willdan Financial Services is an operating division
within Willdan Group, Inc. (WGI), which was founded in
1964 as an engineering firm working with local
governments. Today, WGI is a publicly traded company
(NASDAQ: WLDN). WGI, through its subsidiaries,
provides professional technical and consulting services that ensure the quality, value and security of our
nation’s infrastructure, systems, facilities, and
environment. The firm has pursued two primary service
objectives since its inception—ensuring the success of
its clients and enhancing its surrounding communities.
A financially stable company, Willdan has
approximately 1,500 employees working in more than
a dozen states across the U.S. Our employees include
a number of nationally recognized subject matter
experts for all areas related to the broadest definition of connected communities—
two of whom are
committed to contribute their expertise in order to
annually administer the City of Compton’s (“City”)
Landscape and Lighting District and Sewer Service
Charge Assessments.
Willdan has solved economic, engineering and energy challenges for local communities and delivered industry-leading solutions that have transformed government and commerce. Today, we are leading our clients into a future accelerated by changes in resources, infrastructure, technology, regulations, and industry trends.
Willdan Financial Services
Founded on June 24, 1988, Willdan Financial Service s (“Willdan”) is one of the largest public sector e conomic and financial analysis firms in the United States. Sinc e that time, we have helped over 800 public agencie s successfully address a broad range of infrastructure challenges.
Willdan assists local public agencies by providing the following services:
Administration of special taxes, assessments, standby charges, and utility rates; District formation services for assessment/local im provement districts, Community Facilities Districts (CFDs) Landscape and Lighting Districts, and special taxes;
Arbitrage rebate calculations;
Continuing disclosure report preparation and dissem ination; Municipal advisor services;
Staff augmentation support;
Economic studies, such as fiscal analyses of new development and development impact fees; and Financial studies to identify funding sources or de termine optimal utility rates and fees, as well as cost of services.
Our staff of over 70 full-time employees support ou r clients by conducting year-round workshops and on -site training to assist them in keeping current with the latest developments in our areas of expertise.
Willdan’s success is based on a corporate philosoph y of personal service, and we provide continuous su pport throughout the year. We can always be reached shoul d any questions or issues arise. Our standardized p rocedures and reporting formats ensure consistency within the District Administration, Federal Compliance, Munic ipal Advisor and Financial Consulting groups and our “team appro ach” to servicing contracts means that if your assi gned analyst is unavailable someone else will contact you without delay.
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Project Experience and Qualifications
Since our inception, Willdan has provided public ag encies the benefit of a comprehensive approach to s pecial district consulting by including district formation, annexation and administration; delinquency management; municipal advisor; continuing disclosure; and arbitrage rebate in our service offerings. This multi-service approach allo ws us to facilitate the flow of information between the different servi ce areas, which creates less of a draw on agency st aff time and reduces costs for these services. It also ensures t hat solutions and approaches provided in one area o f work are consistent with overall policies and objectives. For instance, we form special districts with specific features to allow for ease of administration, as well as future annexatio ns of new developments to the district. Finally, me thodologies are created in a manner that allows for consistent appl ication of agency policies from project to project. In view of our experience, Willdan is committed to:
Having highly qualified core staff actively involved in day-to-day operations; Providing comprehensive and proactive customer serv ice; Interfacing in a friendly and helpful manner with an agency’s governing body, staff, community organizations, and the public in general; and
Staying current on legislation and legal proceeding s involving assessments and other types of special districts, particularly issues related to Proposition 26 and 218.
In utilizing our broad range of experience, amassed over 30 years from supervising and being at the fo refront of innovative approaches to special district formation and administration services within the State of Ca lifornia, our methods and approaches will continue to support the practical requirements of the City‘s district administration needs.
District Administration
Willdan’s District Administration Services (“DAS”) group addresses the ongoing day to day activities associa ted with the long-term administration of bonded and “pa y-as- you-go” special taxes, assessments, fees, utility rates, and standby charges. These types of services demand
accurate, timely and knowledgeable treatment of man y
details. Subsequently, Willdan focuses on quality c ontrol and brings the advantage of current technology and
knowledge of recent legislation to our clients. The graphic to the right provides a snapshot of Willdan’s distr ict administration experience specifically for Fiscal Y ear 2022/2023.
To administer special districts accurately and efficiently on behalf of our clients, Willdan has developed a cust om
software program, known as MuniMagic+; instituted a
quality assurance process; and employs dedicated
property owner service representatives that handle and
direct all incoming calls received via our toll-fre e tax line.
These innovations are discussed in greater detail herein.
MuniMagic+ Software
Our staff originally created Willdan’s Municipal Administration Government Information Coordinator — MuniMagic+ — a custom software program to address the specific requirements related to administering taxes, assess ments, standby charges and fees more than 20 years ago. This software was designed and t ested by the same Willdan staff responsible for handling annual special district ta sks, ensuring that it is tuned to the specific needs connected with special district administratio n and reporting. In addition, the program allows our clients to access parcel information thr ough the Internet with a graphical menu- driven format. With current changes in legislation and new programs focused on Property Assessed Clean Energy (PACE), Willdan IT/Developmen t staff developed an updated web- based version of the original legacy system, which was rolled out in September 2018.
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MuniMagic+ is our secure proprietary web-based data management application, which is hosted in the Clo ud utilizing Amazon Web Services (AWS) and contains data for 15. 7 million parcels. The web application provides a r ich user experience via any device and has the ability to sc ale underload and recover from geographic disasters . Our data is stored securely and continuously backed up to the Cloud and, with the help of AWS managed services, our application is monitored 24/7 and we experience near 100% syste m availability. The data within MuniMagic+ includes county assessor data and other supplementary data identifying parcel characteristics.
Willdan staff utilizes this tool to compute and qua lity check levies and has expanded our scope to pro vide agencies with direct access to data contained in MuniMagic+ through our Internet Website at munimagic.com. This access allows licensed agency staff to access parcel-relat ed information, such as Assessor Parcel Number (APN ), property owner name, situs and mailing addresses, assessment and tax amounts, and updated payment status.
Our project managers and analysts are fully trained in the nuances of the software and utilize its internal quality control checklists and automated forms for greater efficiency.
Quality Assurance Process
Willdan’s standard administration practice includes an additional three levels of review for our products and deliver ables in which report presentation or work product dissemination i s scrutinized, levy data is updated from the most recent county se cured roll information, all parcel changes and potential rejects are researched and reconciled, new APNs are identified, and the pr oposed assessment/tax amounts are recalculated and resubmi tted. As demonstrated by the workflow chart to the right, th e three supplementary levels that Willdan staff performs fo r all work products primarily consist of:
Peer review;
Project manager review; and
Final quality assurance manager review.
In addition, another key to our success is having a designated principal consultant responsible for implementing q uality control measures. Mr. Robert Quaid, a former Certified Publ ic Accountant, has been instrumental in preparing q uality control checklists and sign-off mechanisms for each of our administration services. These quality control meas ures are embedded in the latest evolution of MuniMagic+ and are a required element of the day-to-day analyst an d project management activities within the group.
The primary mission of our quality control plan is to provide staff with the technical and managerial expertise to plan, organize, implement, and control the overall qualit y effort, thereby ensuring the completion of a qual ity project within the time and budget established. The goals of the Willdan quality assurance / quality control process team are to:
Establish a set of planned and systematic actions for maintaining a high level of quality in the professional services performed;
Establish a consistent and uniform approach to the services performed; Ensure efficient use of resources;
Emphasize quality in every phase of work; and
Implement appropriate quality control measures for each work task of the project.
Willdan’s DAS group has also established a Consulti ng Project Review Team to review the financial and written documentation prepared in conjunction with special district formation/annexation, re-engineering, refunding and benefit assessment analysis engagements. Each work product is reviewed by a project manager who was not involved in the initial preparation of the deliverables. This indep endent reviewer will compare the documentation agai nst a checklist specifically developed for these types of projects.
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Property Owner Service Representatives
Willdan serves as the primary contact to assist and answer questions from property owners or other interested parties regarding assessments and special taxes. Willdan’s toll-free telephone number will be provided to the County of Los
Angeles for inclusion on property tax bills, so tha t property owners can call with questions throughout the year.
Likewise, Willdan will field inquiries from City st aff, lenders, and other interested parties concerning the annual
installments. Phone inquiries will be documented us ing Willdan’s proprietary computer system.
Willdan employs dedicated property owner service
representatives who respond to phone inquiries and serve as the primary contact in answering questions relat ed to charges, assessments and special taxes on property owner tax bills. They utilize Willdan’s proprietary computer system, MuniMagic+, to quickly access the owner’s name, APN , the existing taxes/assessments, and more; thus, enablin g
expedient service. In addition, our phone system is
specifically set up to automatically route calls to an available person so that property owners reach a live represe ntative.
This ensures that questions are answered promptly, and City staff is not directly impacted by these calls, but instead can be confident that property owner inquiries are answ ered expediently and professionally.
Our representatives field property owner and other
interested parties’ questions in fluent English, Sp anish, Tagalog, Korean, and Vietnamese. They are available to respond to phone calls from 8:00 am until 5:00 pm, Monday through Friday (excluding major holidays when Willd an offices are closed).
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Los Angeles County Client Agencies
Our staff possesses extensive experience working wi th public agencies located within the County of Los Angeles, as well as the Los Angeles County Auditor/Controller’s Office, the Assessor’s Office and Tax Collector. W e have more than 30 years of experience working with these offices and are extremely familiar with their procedures and practices.
In addition, for fiscal year 2022/2023 Willdan submitted levies to the Los Angeles County Auditor/Cont roller’s Office on behalf of 40 different agencies, totaling over $124 million in charges. Willdan has developed a strong working relationship with the County, benefiting our clients.
The table below encapsulates Willdan’s district administration clients located within Los Angeles County.
Willdan Financial Services
Los Angeles County District Administration Client Listing City of Arcadia City of Inglewood California Enterprise Development Authority
City of Artesia City of Irwindale Central Basin Municipal Water District
City of Bell City of La Canada Flintridge East Hollywood Property & Business Improvement District
City of Calabasas City of La Puente Lancaster School District City of Carson City of Lynwood Los Angeles County Department of Public Works
City of Claremont City of Paramount Old Pasadena Management District City of Compton City of Pico Rivera Sulphur Springs Union School District
City of Covina City of Pomona The Metropolitan Water District of Southern California
City of Cudahy City of San Fernando Upper San Gabriel Metropolitan Water District
City of Downey City of Santa Clarita Walnut Valley Water District City of Glendora City of Santa Fe Springs Whittier School District City of Hawaiian Gardens City of South Gate Ygrene
City of Hermosa Beach City of West Covina
City of Huntington Park City of Westlake Village
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Client References
To further exemplify our expertise, project descrip tions demonstrating Willdan’s annual administration experience are provided herein, along with client contact informat ion. We are proud of our reputation for customer se rvice and encourage you to contact our past clients regarding our commitment to excellence.
City of Santa Clarita, CA | Special District Admini stration and Re-Engineering Services Since 2010, Willdan has provided special district administration, formation and annexation services to the City of Santa Clarita. During this time, engagements have included the following. Transition of Landscape Maintenance Districts from the County of Los Angeles’ jurisdiction to the Cit y, which required the preparation of a special versus genera l benefit review and analysis of potential modifica tions necessary for Proposition 218 compliance and/or the re-engineering of special districts. Conducted a streetlighting inventory audit dovetai ling into a potential re-engineering analysis, whic h was not implemented but the findings were incorporated into the applicable Engineer’s Report to support the annual special benefit assessments.
Prepared a landscaping asset field inventory for c apital improvement and reserve planning. Annexation of new and existing developments to the City’s Streetlight Maintenance District and the La ndscape Maintenance District, which includes preparation of the Engineer’s Reports, resolutions, and notices and ballots.
Willdan presently administers the City’s Landscape Maintenance District (approximately 54 zones compri sed of 101,600 parcels); Streetlight Maintenance District (approximately 63,350 parcels), which was consolidated into a single district for FY 2017/18; Drainage Benefit Assessmen t District (over 5,101 parcels); Open Space Preserv ation District (approximately 70,000 parcels); Stormwater Fee (app roximately 70,000 parcels), Community Facilities Di strict 2002- 1; and NPDES, including Bridgeport, Creekside, Hart-Pony, and Hidden Creek (approximately 1,400 parcel s).
Client Contact: Keith Miller, Landscape Maintenance Districts Adm inistrator 23920 Valencia Boulevard, Santa Clarita, CA 91355
Tel #: (661) 286-4027; Email:
[email protected]
City of Calabasas, CA | 1972 Act Annual Administrat ion Services Since 2018, Willdan has provided served as the City of Calabasas’ district administrator providing ann ual administration services for Landscape Lighting Assessment Districts (LLADs) 22, 24, 27 and 32. Approximately 4,400 parcels are levied annually. District administration duties include preparing the Engineer’s Report, annually calculating and apportioning the assessments, maintaining and u pdating the City’s database containing parcel/levy amounts, providing levies to the County Auditor/Controller’s Office for placement on the annual property tax roll, fielding property inquiries via our toll-free number and attending City meetings.
Client Contact: Heather Melton, Landscape Manager
100 Civic Center Way, Calabasas, CA 91302
Tel #: (818) 224-1600; Email:
[email protected]
City of Inglewood, CA | Assessment District Enginee ring Services Willdan provides Assessment District Engineering Se rvices for the City of Inglewood’s four assessment districts:
Lighting Assessment District No. 1980-1, Morningsid e Park Assessment District No. 1974-2, In-town Main tenance Assessment District No. 1975-1, and Darby Dixon Mai ntenance Assessment District No. 1987-1. These dist ricts are comprised of over 40,600 parcels in total. Willdan’s responsibilities include preparing the Engineer’s Reports, working with the City’s Geographical Information System dep artment to assist with annual mapping information, annually calculating and apportioning the assessments, maint aining and updating the City’s database containing parcel/levy amounts, providing levies to the Los Angeles County Auditor/Controller’s Office for placement on the a nnual property tax roll, and fielding property inquiries via our toll-free number.
Client Contact: Raquel Mendez, Associate Engineer
1 West Manchester Boulevard, Inglewood, CA 90301
Tel #: (310) 412-4305; Email:
[email protected]
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Project Team
Our management and supervision philosophy for the p roject team is very simple; staff every position in sufficient numbers with experienced, capable personnel to deli ver increased responsiveness and superior work deli verables.
With that philosophy in mind, we propose to staff this engagement with the same experienced professionals that have previously served the City. We are confident that o ur team possesses the depth of experience that will successfully fulfill the desired work performance.
Principal Consultant Stacee Reynolds will serve in the role of project manager. She is tasked with managing the project team and working closely with other team members on the administration of the City’s Landscape and Lighting District and Sewer Service Charge Assessments.
Ms. Reynolds has been involved with the administration of the City’s assessments since 2004.
Ms. Reynolds will be assisted by Analyst Sabina Haug, who will be responsible for the day-to-day tasks necessary to carry out the administration of the assessments. Sh e will be responsible for updating and maintaining the parcel databases, providing the formatted levy data to the County, researching parcel changes and exemptions, and responding to property owner inquiries.
Ancillary support will be provided by Mr. Tyrone Peter, PE, who will serve as the assessment engineer who will review the Engineer’s Report for signature. Mr. Peter is a licensed Civil Engineer; California No. 81888.
Resumes
Resumes for Willdan’s project team are presented on the following pages.
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Stacee Reynolds
Project Manager
Ms. Stacee Reynolds is a principal consultant in Wi lldan’s District Administration Services group.
Her responsibilities include the administration of Community Facilities Districts, Local Improvement Districts, Benefit /Maintenance Assessment Districts, and other special districts. She has experience creating and maintaining parcel data bases, preparing annual assessments, charges, fees and taxes, submitting levies to the a pplicable county Auditor/Controller, calculating prepayments, assisting with district analyses for r efunding purposes, preparing bond calls, analyzing flow of funds, and providing customer service to agencies, title companies and property owners. Ms. Reynolds also possesses experience spec ific to special district formations and annexations, re-engineerings, and Property Based Im provement District (PBID) renewals.
Ms. Reynolds has also been part of the Willdan Team tasked with the preparation of a special versus general benefit review and analysis of potential modifications to assessment districts. The objective of this type of engagement is to ensure c ompliance with applicable assessment legislation, Proposition 218 and recent changes to applicable case law.
Ms. Reynolds has over 28 years of combined accounti ng, finance, and project management experience. Prior to joining Willdan, Ms. Reynolds was a contract system specialist with SAP Public Services in Washington, DC, where she manage d several government agency contracts.
Project Experience
County of Los Angeles, CA – Special District Administration and Assessment Engineering Services: Ms. Reynolds manages the administration and assessm ent engineering services provided to the Los Angeles County Department of Public Works, which was previously overseen by the County’s Park and Recreation Department. Services center upon the annual administration of the Consolidated Street Lighting and Landscaping District, which is comprised of approximately 26 zones and over 24,300 parcels. The district enco mpasses several residential and commercial developments throughout the County. Ms. Reynolds al so assists with formation and annexation projects, while ensuring compliance with Proposition 218.
City of Santa Clarita, CA ‒ Special District Administration Services: Ms. Reynolds supervises and assists in the daily administration of the City ’s Community Facilities District, Open Space Preservation District (65,000 parcels), Landscape M aintenance District (approximately 50 zones comprised of 87,000 parcels), Streetlight Maintenan ce Districts (approximately 58,6000 parcels), Drainage Benefit Assessment Districts (3,954 parcels), and Stormwater Pollution Prevention Fee District (approximately 65,000 parcels). Her duties include the review of the annual Engineer’s Reports, resolutions, updated parcel databases, fee s and submission of levies to the City of Los Angeles.
City of Paso Robles, CA – Assessment Re-engineering: Ms. Reynolds recently completed the re-engineering of the City’s El Paso de Robles Land scape and Lighting Maintenance District No.
1. It was the City’s desire to combine shared impro vement areas, where feasible to simplify the overall district structure and to develop appropria te assessments for optimal service levels originally planned for all areas in the District. S he assisted in the preparation of the benefit assessment analysis, conducted the community outreach meetings, and prepared the Engineer’s Report, staff reports, resolutions and ballots for the areas designated as underfunded in the District. Upon completion of the project, 40 percen t of the underfunded Zones approved the new increased assessment, which included an annual CPI inflator. This was the highest approval percentage in the last ten years for the City’s District.
City of Compton, CA – Annual Administration Service s: Ms. Reynolds oversees the administration of the City’s Landscaping and Lighti ng District and sewer charges, as well as updating the annual Engineer’s Report and parcel ch anges, and assisting with submittal charges totaling over $5 million on over 41,000 parcels.
Education
Master of Science,
University of Phoenix
Bachelor of Science,
LaSalle University
Areas of Expertise
Benefit/Maintenance
Assessment Districts
Special District
Formation/
Annexation/Re-
Engineering
Community Facilities
Districts
Marks-Roos Pools
Local Improvement
Districts
Professional
Affiliations
California Society of
Municipal Finance
Officers
Municipal Management
Association of Southern
California
20 Years’ Experience
Landscape and Lighting District and Sewer Service Charge Assessments 9
City of Compton , CA
Education
Bachelor of Arts,
Economics, University of
California, Riverside
Areas of Expertise
Landscape and
Lighting Districts
Benefit Assessment
Districts
Community Facilities
Districts
Local Improvement
Districts
3 Years’ Experience
Sabina Haug
Analyst
Ms. Sabina Haug is an Analyst II within Willdan’s D istrict Administration Services group. She is versed in the annual administration of Community Fa cilities, Benefit Assessment and Landscape and Lighting Districts. She assists in the research and analysis required for local government finance issues related to special district administ ration, including document data entry and updates, database management, research and report p reparation.
Ms. Haug provides analytical support under the guid ance of Principal Consultant Stacee Reynolds. Her assigned tasks include updating conte nt within the Engineer’s Report, preparing resolutions specific to the Intent Meeting and Public Hearing, inputting and updating of parcel data, researching parcel changes, reviewing charge-exempt parcels, preparing applied reports and providing general information on questions relating to the assessments/taxes.
Project Experience
Ms. Haug currently works with the following agencies encompassing various annual administration services including 1972 Act Districts, Community Facilities Districts and Assessment Districts. City of Bell, CA
City of Calabasas, CA
City of Compton, CA
City of Cudahy, CA
City of Glendora, CA
City of Hawaiian Gardens, CA
City of Huntington Park, CA
City of Inglewood, CA
City of Ojai, CA
City of Paso Robles, CA
City of Santa Ana, CA
City of Simi Valley, CA
City of Thousand Oaks, CA
City of Ventura, CA
Coachella Valley Vector Control District; Indio, C A
County of Los Angeles, CA
Shasta County Public Works, CA
Snowline Joint Unified School District; Phelan, CA
Town of Apple Valley, CA
Whittier City School District, CA
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City of Compton , CA
Tyrone Peter, PE
Deputy Director, Willdan Engineering
Mr. Tyrone Peter, PE, is an accomplished civil engineer who has worked on multiple assessment engineering projects and specializes in infrastruct ure cost engineering. Mr. Peter is known for providing innovative, quality engineering services to ensure project delivery within budget and schedule. He has 17-plus years of experience managi ng and designing various public works projects and has a solid foundation to understand what is needed to deliver a successful project.
Mr. Peter's experience includes design of state hig hways, new streets, street widenings, street realignments, pavement rehabilitations, light rail, and railroad projects. Furthermore, he has participated in feasibility studies, assessment eng ineering projects, grade separation projects, flood control facility design and construction, and water and sewer projects. Mr. Peter has supervised feasibility studies, project study repor ts, project reports, and construction document preparations, grade certification issuances, construction administration projects, and construction inspections. He is proficient at managing large pro ject teams with subconsultants spanning multiple technical disciplines. During his career, Mr. Peter has served as project manager, civil engineering task leader, supervising engineer, senior engineer, design engineer and designer for over 200 projects with design contracts ranging from $5,000 to $2.9 million.
Relevant Project Experience
Bear Valley Community Services District, CA – Mailbox Optimization and Revitalization and Formation of Assessment District: Responsible for overall project management and ove rsight of services required to assist the District with the optimization and revitalization of the community's mailboxes. The District maintains approximately 35 mailbox stations, serving approximately 3,600 property owners. The existing mailbox stations were in a dilapidated condition and convey an impression of neglect and lack of maintenance to residents and visitors requiring constant upkeep due to their age, condition, and incidents of vandalism. Design problems also existed with the sites of some stations; specifically, some do not have sufficient setback from the road to allow safe exit from vehicles to pick up mail. Also lack of lightin g contributes to safety and security concerns. In addition, the constraint of the existing topographi cal conditions inhibited motorists’ lines of sight making for potential safety issues. The District pr oposed replacing the current mailboxes with prefabricated 16-door, decorative, locking, cluster boxes, which would provide ease of maintenance and security from mail theft. Willdan provided the following services. Completed the optimization analysis using Geographi c Information System (GIS) technology that was initiated by another firm and an in-house GIS analyst; Established a 1913 Act assessment district to assis t with construction funding and mailbox maintenance and replacement;
Prepared a design book for each mailbox location, including parcel list, concept plan, address and key assignments, and engineer’s estimate;
Prepared engineering and architectural design plans for each mailbox station; Prepared engineering and architectural design plans for one or more demonstration mailbox station at locations selected by the District; and
Provided coordination with the U.S. Postal Service.
Although the district formation received a negative vote from the residents, it was widely acknowledged that the design was superior to the ex isting mailbox configuration.
City of Palm Desert, CA – Utility Undergrounding Assessment District No. 04-01 Formation:
Design engineer responsible for assisting with civi l infrastructure design required for forming the utility undergrounding assessment district. The district was formed to finance removal of overhead utilities in a residential neighborhood and installing underground vaults and trenches. Project tasks included reviewing the Engineer’s Report, onsite fi eldwork to review the location of the utilities relative to the properties to be assessed and devel oping the assessment methodology. Bidding assistance and construction observation were also provided.
Education
Bachelor of Science,
Engineering and Civil
Engineering, Tamil Nadu
College of Engineering
Civil Engineering,
Murugappa Polytechnic
Registration
Civil Engineer, California
No. 81888
17 Years’ Experience
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Approach and Methodology
Landscaping and Lighting District Administration
To assist the City with the annual administration o f the Landscape and Lighting District No. 1 (the “D istrict”), Willdan will perform the following tasks.
1. Schedule an annual kick-off meeting with City st aff to identify and discuss district changes for th e upcoming year.
District changes may include budget issues, annexat ions, modification to the district structure, expan sion or changes in the improvements, as well as legislative changes that may impact special districts.
2. Prepare an annual levy timeline identifying key dates and timeframes for significant tasks througho ut the levy process. This timeline will be reviewed and discuss ed with staff and adjusted, as needed, to address t he City’s scheduling requirements or proposed district changes.
3. Maintain and update the parcel levy database and parcel assessment information for upcoming fiscal years. By utilizing the parcel levy database(s) from the prior fiscal year, Willdan will update parcel change activity, along with verifying the parcel front footage and special bene fit zone data related to those changes to calculate ; and submit the annual levy of assessments to the Los Angeles C ounty Auditor/Controller’s Office as the need arise s or as new data becomes available.
4. Prepare or review staff reports and resolutions, as required.
5. Attend virtually or in-person, in connection wit h the Sewer Service Charge, one (1) City meeting an d be available to answer questions related to the project scope.
6. Prepare the annual Engineer’s Report in complian ce with the Landscaping and Lighting Act of 1972, P roposition 218 and City of Compton’s Landscaping and Lighting District format. Five (5) copies of the Report will be provided, which will include the following:
Brief history of the District and changes;
Definition of benefits;
Budget estimates of costs for maintenance of improv ements; Estimate of assessment to each parcel;
Method of apportionment;
Assessment diagram; and
An affidavit stating that a professional engineer has prepared the Report.
7. Provide the City with ten (10) bound copies of t he final Engineer’s Report, including the proposed collection roll.
8. Transfer upon completion of the public hearing a nd adoption of the applicable resolutions, the levy data in the electronic format required by Los Angeles County en tering individual parcel levy amounts onto the tax bills. This data and required documentation shall be submitted to the County Auditor Controller’s Office prior to the County’s due date each year.
9. Revise parcel numbers upon receipt of a parcel e xemptions list from the County and report the revis ed parcels and updated levy amounts to the County.
10. Provide the City with a levy summary report comparing budgets amounts to the actual applied levy. The levy report shall also identify and discuss the reasons for any significant variations.
11. Act as primary contact to answer property owner and interested party questions. Willdan will reque st that the County include our toll-free telephone number on the tax bills for property owners to call with questions.
The preceding scope of services and associated fees assumes that no new territories will be annexed to the District and no new or increased assessments will be require d. If requested, Willdan can prepare and mail a not ice of public hearing and ballots to conform to current legislation for these situations. These documents can be designed in a simple format with “user friendly” language and descriptio ns. As these issues arise, they will be addressed i n a separate agreement.
Landscape and Lighting District and Sewer Service Charge Assessments 12
City of Compton , CA
Sewer Service Charge Administration
Willdan proposes to perform the following tasks to annually administer the City’s Sewer Service Charges.
1. Schedule, in conjunction with the Landscape and Lighting District, an annual kick-off meeting with City staff to review the existing charges and to identify and discuss possible changes for the upcoming fiscal year.
2. Prepare, along with the Landscape and Lighting D istrict, an annual levy timeline identifying key da tes and timeframes for pertinent tasks throughout the levy process. Although the City typically addresses the Sewer Service Charges and the Landscape and Lighting Dist rict assessments at the same time, Willdan is prepa red to address these two assessments on different schedule s if the City determines that, for unforeseen reaso ns, they need to be addressed separately.
3. Coordinate the printing and mailing of the Sewer Exemption mailer with a third-party vendor to ensu re that senior property owners in the City are given the opportunity to apply for an annual exemption.
4. Work with the City to obtain necessary water usa ge data each year for the non-residential propertie s; thereby ensuring that these properties are categorized into the appropriate zones (zones 1 through 5) and that their charges are properly calculated. (If updated water usage information is not available, water usage wil l be based on the parcels’ Assessor Land Use Code and average usage.) Willdan will also review Zone 6 (“Exempt Parcels”) each year to verify exempt status.
5. Maintain and update for each subsequent year the parcel levy database for the Sewer Service Charge by utilizing the parcel levy database from the previous fiscal y ear. Willdan will update parcel change activity, ap plicable exemption status (with any new exemption listings p rovided by the City), along with verifying water us age and zone information related to those charges. In doing so, calculate and submit the annual levy of assess ments to the Los Angeles County Auditor Controller’s Office for the upcoming fiscal year.
6. Prepare or review staff reports and resolutions, as required.
7. Attend, in connection with the Landscaping and L ighting District, the public hearings. As requested by staff, we will also be available to answer questions.
8. Prepare, in accordance with the statutory requir ements for the State of California, Proposition 218, and City Council Resolution No. 19,466, four (4) copies of the annual Engineer’s Report for the Sewer Service Charges. This report will be prepared in a format acceptable to the City and will outline the method by which the charges are established.
The report will also quantify (by zone) the number of parcels, the annual rate, and the total revenue.
9. Provide the City with five (5) bound copies of t he final report including the proposed collection r oll, one (1) for the City Clerk and four (4) for City staff.
10. Transfer upon completion of the public hearing and adoption of the applicable resolutions , the le vy data in an electronic format required by Los Angeles County fo r entering individual parcel levy amounts onto the tax bills.
This data and required documentation shall be submi tted to the County Auditor Controller’s Office prio r to the County’s due date each year.
11. Revise parcel numbers upon receipt of a parcel exceptions list from the County, then report the re vised parcels and update levy amounts to the County.
12. Provide the City with a levy summary report com paring budget amounts to the actual applied levy. T he report will also identify and discuss the reasons for any significant variations.
13. Act as primary contact, to answer property owne r and interested party questions. Willdan will requ est that the County include our toll-free telephone number on the tax bills for property owners to call with questions.
The preceding scope of services and associated fees assumes that no new territories will be assessed t he sewer charges and no new or increased charges will be required other than those that are the result of changes in land use, water use or parcel splits and merges. If requested, Willdan can prepare and mail a notice of public hearing and ballot to conform to current legislation if a new or incre ased charge requires such notification and ballotin g pursuant to Proposition 218. These documents can be designed in a simple format with “user friendly” language and descriptions.
As these issues arise, they will be addressed in a separate agreement.
Landscape and Lighting District and Sewer Service Charge Assessments 13
City of Compton , CA
Client Responsibilities
Willdan will rely on obtaining the following information from the City:
Electronic listing of new/changed exemption information applicable to the sewer charges. An annual listing (preferably electronic) of water usage to be used for calculating sewer charges. As required by law, the City is responsible for publishing the public hearing notices in the local newspaper, as well as the posting of public hearings notices.
Annual budget information for the District and each zone therein, including estimated fund balances. Changes, modifications, or updates to the improveme nts described in the previous year’s Engineer’s Rep ort. If available, the list of improvements should include detailed plans and specifications. Certified copies of the resolution(s) or other documentation required by the County for submittal of the annual levy. Updated assessment/boundary diagrams, as needed.
Updates, if necessary, of pertinent development information.
If needed, the City of Compton will also assist Willdan in obtaining pertinent development information .
The City of Compton acknowledges that Willdan shall be relying upon the accuracy and validity of the i nformation provided by the City or their designees and that Willdan shall not be liable for any inaccuracies cont ained therein.
27368 Via Industria, Suite 200
Temecula, CA 92590-4856
951.587.3500 | 800.755.6864 | Fax: 951.587.3510
www.willdan.com
T 951.587.3500 800.755.6864 | F 951.587.3510 888.326.6864 | 27368 Via Industria, Suite 200, Temecula, CA 92590 | www.willdan.com
May 2, 2023
Mr. John D. Strickland Jr.
Project Manager
City of Compton
Public Works Engineering Department
205 South Willowbrook Avenue
Compton, California 90220
Re: Cost Proposal to the City of Compton for Land scape and Lighting District and Sewer Service Charge Assessments
Dear Mr. Strickland:
Willdan Financial Services (“Willdan”) is pleased t o present the following cost proposal to the City o f Compton (“City”) to annually administer the Landscape and Lighting D istrict and Sewer Service Charge Assessments.
We are confident this submittal clearly demonstrate s that Willdan and our proposed project team posses s the core competencies, depth of resources, experience, and i nstitutional knowledge required to successfully con duct this engagement. If you wish to discuss any aspect of ou r submittal, please contact Ms. Reynolds directly a t (951) 587-3551 or via email at
[email protected] . We look forward to hearing from you.
Sincerely,
WILLDAN FINANCIAL SERVICES
Gladys Medina
Vice President / Director
Landscape and Lighting District and Sewer Service Charge Assessments 1
City of C ompton , CA
Fee Proposal
The not-to-exceed fees below reflect application of the scope of services outlined within the Technical Proposal. They are based on the time we estimate that will be spen t on average each year; and assumes the districts a nd corresponding parcel counts outlined below . As the work progresses, fees are payable on a monthly percentage- completion basis. Additionally, costs associated wi th the purchase of data and maps from the Los Angel es County Assessor’s Office are included in the fee listed in the table below and will not be charged to the City.
Annual Administration Fee Proposal
District No. of
Parcels
FY 23/24
Fee
FY 24/25
Fee
FY 25/26
Fee
Landscape & Lighting District No. 1 20,360 $ 16,300 $ 16,300 $ 16,300 Sewer Service Charge* 20,748 16,300 16,300 16,300
Annual Fixed Fee $ 32,600 $ 32,600 $ 32,600
*Note: Sewer Senior Exemption preparation and mailing costs are not included in the fee listed above, this cost is determined annually with a third-party vendor.
Reimbursable Expenses
Willdan will be reimbursed for out-of-pocket expenses. Examples of reimbursable expenses include, but are not limited to:
Postage;
Travel expenses;
Mileage (current federal prevailing rate);
Maps;
Electronic data provided from the County
and/or other applicable resources;
Construction cost periodicals; and
Copying (currently 6¢ per copy).
Any additional expense for reports or from outside services will be billed to the City, plus a fifteen percent (15%) mark-up. Charges for meeting and consulting w ith counsel, the District, or other parties regardi ng services not listed in the scope of work will be at our then current hourly rates (refer to hourly rate schedule).
Hourly Rates
Additional services may be authorized by the City a nd will be billed at our then-current hourly overhe ad consulting rates. Our current hourly rates are outlined in the table below.
Willdan Financial Services
Hourly Rate Schedule
Position Hourly Rate
Group Director $210
Principal Engineer $212
Assistant Director / Principal Consultant $200
Senior Project Manager $165
Project Manager / Program Director $145
Senior Project Analyst $130
Senior Analyst $120
Analyst $100
Assistant Analyst $75
December 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 ESTABLISH A PURCHASE
ORDER FOR THE STATE WATER RESOURCES CONTROL BOARD
FOR THE ANNUAL STORM WATER PERMIT FEES IN AN AMOUNT
NOT TO EXCEED THIRTY-FIVE THOUSAND THREE HUNDRED
THIRTY-THREE DOLLARS ($35,333.00).
SUMMARY
This Resolution authorizes the City Manager to establish a purchase order for the State Water Resources Control Board for the annual storm water permit fees in an amount not to exceed Thirty-Five Thousand Three Hundred Thirty-Three Dollars ($35,333.00).
BACKGROUND
Storm water is defined by the U.S. Environmental Protection Agency (U.S. EPA) as the runoff generated when precipitation from rain and snowmelt events flows over land or impervious surfaces without percolating into the ground. Storm water is often considered a nuisance because it mobilizes pollutants such as motor oil and trash, as well as pollutants that are not easily visible such as dissolved metals, nutrients, oxygen demanding substances, and organic chemicals.
In most cases, storm water flows directly to water bodies through sewer systems, contributing a major source of pollution to rivers, lakes, and the ocean. Although, the amount of pollutants from a single residential, commercial, industrial or construction site may seem unimportant, the combined concentrations degrades the quality of drinking water, damages fisheries and habitats of plants and animals that depend on clean water for survival.
The Municipal Storm Water Permitting Program regulates storm water discharges from municipal separate storm sewer systems (MS4) throughout California. U.S. EPA defines an MS4 as a conveyance or system of conveyances; including roads with drainage systems, municipal streets, catch basins, curb, gutters, ditches, man-made channels, or storm drains owned or operated by a public entity.
The Municipal Storm Water Permitting Program manages the Phase I Permit Program (serving municipalities over 100,000), the Phase II Permit Program (for municipalities less than 100,000), and the Statewide Storm Water Permit for the State of California
9.9.9. Staff Report- State Water Resource Control Board Annual Storm Water Permit December 12, 2023
Department of Transportation. The State Water Resources Control Board (State Water Board) and Regional Water Quality Control Boards (collectively, the Water Boards) implement and enforce the Municipal Storm Water Program.
The Regional Water Quality Control Boards have adopted National Pollutant Discharge Elimination System General Permit (NPDES) storm water permits for municipalities, and the permit is issued annually.
In the Los Angeles region, the stormwater program is a comprehensive program managed by the Los Angeles Regional Water Quality Control Board. They manage the quality of discharges from the municipal separate storm sewer system in the incorporated and unincorporated areas in Los Angeles, and Ventura counties.
STATEMENT OF THE ISSUE
On November 20, 2023, the Public Work’s Engineering Department (Department) received an invoice associated with the City’s enrollment under the MS4 municipal storm water permit program. The billing period was from 07/01/2023-06/30/2024 in the amount of $35,333.00.
The Department is responsible for completing payments for any invoices that are received under the City’s enrollment in the MS4 municipal storm water permit program. Once the invoices are received, the Department pays the annual fee to the State Water Resources Control Board for the annual storm water permit pursuant to its enrollment in the MS4 permit program.
Therefore, staff is requesting authorization from the City Council to approve the issuance of a purchase order to the State Water Resources Control Board for the annual storm water permit fees in the amount of $35,333.00.
FINANCIAL IMPACT
Funds in the amount of Thirty-Five Thousand Three-Hundred Thirty-Three Dollars ($35,333.00) are available in the Public Work’s 2023-2024 fiscal year budget in Account No. 1001-710-000-4262.
ALTERNATIVE
There are no other alternatives that are being recommended at this time. The annual permit fees are required by Sections 13260 & 13269 of the California Water Code.
Staff Report- State Water Resource Control Board Annual Storm Water Permit December 12, 2023
STAFF RECOMMENDATION
Staff recommends the adoption of the attached resolution, which authorizes the City Manager to establish a purchase order to the State Water Resources Control Board for the annual storm water permit fees.
JOHN D. STRICKLAND, JR.,
DIRECTOR OF PUBLIC WORKS
APPROVED FOR FORWARDING
JEROME GROOMES
CITY MANAGER
RESOLUTION NO. ___________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON
AUTHORIZING THE CITY MANAGER TO ESTABLISH A PURCHASE
ORDER FOR THE STATE WATER RESOURCES CONTROL BOARD
FOR THE ANNUAL STORM WATER PERMIT FEES IN AN AMOUNT
NOT TO EXCEED THIRTY-FIVE THOUSAND THREE HUNDRED
THIRTY-THREE DOLLARS ($35,333.00)
WHEREAS, adoption of this Resolution will authorize the City Manager to establish a purchase order for the State Water Resources Control Board for the annual storm water permit fees in an amount not to exceed Thirty-Five Thousand Three Hundred Thirty-Three Dollars ($35,333.00); and
WHEREAS, storm water is defined by the U.S. Environmental Protection Agency (U.S. EPA) as the runoff generated when precipitation from rain and snowmelt events flows over land or impervious surfaces without percolating into the ground; and WHEREAS, storm water is often considered a nuisance because it mobilizes pollutants such as motor oil and trash, as well as pollutants that are not easily visible such as dissolved metals, nutrients, oxygen demanding substances, and organic chemicals; and
WHEREAS, in most cases, storm water flows directly to water bodies through sewer systems, contributing a major source of pollution to rivers, lakes, and the ocean; and
WHEREAS, although, the amount of pollutants from a single residential, commercial, industrial or construction site may seem unimportant, the combined concentrations degrades the quality of drinking water, damages fisheries and habitats of plants and animals that depend on clean water for survival; and WHEREAS, the Municipal Storm Water Permitting Program regulates storm water discharges from municipal separate storm sewer systems (MS4) throughout California, and the U.S. EPA defines an MS4 as a conveyance or system of conveyances; including roads with drainage systems, municipal streets, catch basins, curb, gutters, ditches, man-made channels, or storm drains owned or operated by a public entity; and WHEREAS, the Municipal Storm Water Permitting Program manages the Phase I Permit Program (serving municipalities over 100,000), the Phase II Permit Program (for municipalities less than 100,000), and the Statewide Storm Water Permit for the State of California Department of Transportation; and
WHEREAS, the State Water Resources Control Board (State Water Board) and Regional Water Quality Control Boards (collectively, the Water Boards) implement and enforce the Municipal Storm Water Program, and the Regional Water Quality Control RESOLUTION NO. ___________
PAGE 2
Boards have adopted National Pollutant Discharge Elimination System General Permit (NPDES) storm water permits for municipalities, and the permit is issued annually; and WHEREAS, in the Los Angeles region, the stormwater program is a comprehensive program managed by the Los Angeles Regional Water Quality Control Board, and they manage the quality of discharges from the municipal separate storm sewer system in the incorporated and unincorporated areas in Los Angeles, and Ventura counties; and
WHEREAS, on November 20, 2023, the Public Work’s Engineering Department (Department) received an invoice associated with the City’s enrollment under the MS4 municipal storm water permit program, and the billing period was from 07/01/2023- 06/30/2024 in the amount of $35,333.00; and
WHEREAS, the Department is responsible for completing payments for any invoices that are received under the City’s enrollment in the MS4 municipal storm water permit program, and once the invoices are received, the Department pays the annual fee to the State Water Resources Control Board for the annual storm water permit pursuant to its enrollment in the MS4 permit program; and
WHEREAS, funds in the amount of Thirty-Five Thousand Three-Hundred Thirty- Three Dollars ($35,333.00) are available in the Public Work’s 2023-2024 fiscal year budget in Account No. 1001-710-000-4262.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COMPTON DOES HEREBY RESOLVE AS FOLLOWS:
Section 1.That the City Manager, upon the advice and approval of the City Attorney, is hereby authorized to establish a Purchase Order for the State Water Control Resources Control Board for Account No. 1001-710-000-4262.
Section 2.That funds in the amount of $35,333.00, will be made available in the Public Works Engineering Department’s 2023-2024 Fiscal Year in Account No. 1001-710- 000-4262.
Section 3. That a copy of this Resolution shall be filed in the offices of the City Manager, City Controller, City Clerk, City Attorney, and Public Works Engineering Department.
Section 4.That the Mayor shall sign and the City Clerk shall attest to the adoption of this Resolution.
RESOLUTION NO. ___________
PAGE 3
ADOPTED this ______day of _____________, 2023.
_______________________________
MAYOR OF THE CITY OF COMPTON
ATTEST:
___________________________________
CITY CLERK OF THE CITY OF COMPTON
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF COMPTON )
I, Vernell McDaniel, City Clerk of the City of Compton, hereby certify that the foregoing Resolution was adopted by the City Council, signed by the Mayor and attested by the City Clerk at a regular meeting thereof held this ______ day of ________________, 2023.
That said Resolution was adopted by the following vote, to wit:
AYES: COUNCIL MEMBERS –
NOES: COUNCIL MEMBERS –
ABSTAIN: COUNCIL MEMBERS –
ABSENT: COUNCIL MEMBERS –
___________________________________
CITY CLERK OF THE CITY OF COMPTON