Members of the public may address the City Council on any item shown on the agenda or matter of the Council’s authority after completion of “Request to Address the Council Form” available in the lobby of the Council Chambers or in the City Clerk’s office. This form must be completed 15 minutes prior to the scheduled meeting time. Pursuant to Section 54957.5 of the California Government Code, Any writings (Except for those writings which are exempt from disclosure) which are
distributed to all or a majority of the members of the City Council are available for public inspection in the lobby of the City Council Chambers and in the office of the City Clerk during regular business hours.
COMPTON CITY COUNCIL
AGENDA
02/20/2024
5:30 PM
CITY COUNCIL CHAMBERS
205 S. WILLOWBROOK AVE
COMPTON, CA 90220
OPENING
MOMENT OF SILENCE
PLEDGE OF ALLEGIANCE
ROLL CALL
COMMENDATORY RESOLUTIONS/PRESENTATIONS
1. POWERPOINT PRESENTATION: CULTURAL ARTS PEACE MONUMENT - HWPL (Heavenly Culture, World Peace, Restoration of Light) (Councilmember Lillie Darden)
PUBLIC COMMENTS ON AGENDA ITEMS AND NON-AGENDA MATTERS
-2- City Council Agenda
2/20/2024 5:30:00 PM
REGULAR AGENDA
REPORTS OF OFFICERS, BOARDS, COMMISSIONS AND COMMITTEES AND
CITY COUNCIL
2. REMOVAL OF OFFICERS, COUNCIL MEMBERS, BOARDS/COMMISSIONS AND
COMMITTEES
PARKS AND RECREATION COMMISSION - (CITY CHARTER
SECTION 1011) - MARQUEZ GARNICA
PERSONNEL BOARD - (CITY CHARTER SECTION 1009) -
YEWANDE AYODELE
3. APPOINTMENT(S) OF OFFICERS, COUNCIL MEMBERS,
BOARDS/COMMISSIONS AND COMMITTEES
FEDERAL GRANTS ADVISORY BOARD - (CMC SECTION 2-14)
(Mayor Emma Sharif)
PERSONNEL BOARD (CITY CHARTER SECTION 1009)
(Councilmember Andre Spicer)
NEW BUSINESS
4. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON SETTING
THE SALARY RANGE FOR THE SECURITY SERVICES SUPERVISOR
CLASSIFICATION
5. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COMPTON AMENDING SECTION 7-27 OF CHAPTER VII OF THE COMPTON MUNICIPAL
CODE TO ESTABLISH THE FORFEITURE OF NUISANCE VEHICLES ENGAGED
IN ILLEGAL SPEED CONTESTS, EXHIBITIONS OF SPEED, STREET RACES,
STREET TAKEOVERS, SIDESHOWS, MOTORCYCLE STUNTING AND
RECKLESS DRIVING EXHIBTIONS (FIRST READING)
6. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON
AUTHORIZING THE CITY MANAGER TO ENTER INTO A MULTI-YEAR PROFESSIONAL SERVICES AGREEMENT WITH PLANETBIDS INC. IN AN
AMOUNT NOT TO EXCEED SEVENTY-TWO THOUSAND FIVE HUNDRED
NINETEEN DOLLARS ($72,519) FOR ELECTRONIC BIDDING PLATFORM SERVICES, TO AMEND THE CITY CONTROLLER’S FY2023-2024 BUDGET,
AND TO ISSUE A PURCHASE ORDER IN THE AMOUNT OF FORTY-THREE THOUSAND SIX HUNDRED EIGHTY-TWO DOLLARS ($43,682) TO
PLANETBIDS INC. FOR ELECTRONIC BIDDING PLATFORM SERVICES.
7. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON -3- City Council Agenda
2/20/2024 5:30:00 PM
AUTHORIZING THE CITY MANAGER TO ENTER INTO A ONE (1) YEAR STREET SWEEPING SERVICES AGREEMENT WITH TWO (2) ONE-YEAR
OPTIONS TO EXTEND AND ESTABLISH A PURCHASE ORDER WITH
SWEEPING CORP OF AMERICA FOR CITYWIDE STREET SWEEPING
SERVICES ($834,364.60)
8. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AMENDING THE GENERAL SERVICES DEPARTMENT 2023-2024 FISCAL YEAR BUDGET TO APPROPRIATE $149,717.50 FROM THE INSURANCE
RECOVERY FUND AND ENTER INTO AN AGREEMENT WITH PRIORITY HEATING AND AIR CONDITIONING, INC. AND ISSUE A PURCHASE ORDER FOR THE REPLACEMENT OF ELEVEN (11) HVAC UNITS LOCATED AT 700 NORTH BULLIS ROAD ($149,717.50)
9. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON
APPROVING AND ADOPTING THE ANNUAL APPROPRIATION (GANN) LIMIT FOR FISCAL YEARS 2020-2021, 2021-2022, 2022-2023, AND 2023-2024
10. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON
AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH
TURBODATA SYSTEMS FOR THE PROCESSING AND MANAGEMENT OF
PARKING AND ADMINISTRATIVE CITATIONS
11. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON
AUTHORIZING THE CITY MANAGER TO ENTER INTO A MUTLI-YEAR AGREEMENT WITH IGM TECHNOLOGY CORP (GRAVITY) ($14,610) AND
ISSUE A PURCHASE ORDER TO IGM TECHNOLOGY CORP (GRAVITY) FOR
SUBSCRIPTION-BASED INFORMATION TECHNOLOGY ARRANGEMENTS
(SBITA) IMPLEMENTATION SOFTWARE SERVICES ($6,000)
12. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON TO
AUTHORIZE AN AMENDMENT TO THE CITY CONTROLLER'S DEPARTMENT FY2023-2024 BUDGET AND TO AUTHORIZE THE CITY MANAGER TO OPEN A
PURCHASE ORDER TO TANDYM GROUP LLC, AND ROBERT HALF
INTERNATIONAL INC. FOR ACCOUNTING TEMP AGENCY SERVICES ($75,000
FOR ALL AGREEMENTS COMBINED)
COUNCIL COMMENTS
ADJOURNMENT
NEXT REGULAR MEETING: 2/27/2024 5:30PM
Visit our website at http://www.comptoncity.org
HWPL LA
©2024 HWPL. All Rights Reserved.
WE ARE ONE IN PURSUIT OF PEACE
1. Mission: Acting Upon Promises of Peace
Peace Walks Annual
Conferences Peace Education International Summit Peace Officer IWPG IPYG Peace
Monument Peace Concerts Peace Workshop
Peace Officer Initiative
2 MOUs signed by Yavapai College Chief of Police and Arizona State University (ASU) Chief of Police. HWPL Peace Education will also be implemented at Yavapai College Justice Institute.
Food Drive Trash Pick
Ups Partnership
HWPL Impact in Compton
Beautification Volunteers Peace
Education
Kelly Park
Beautification
Over 15 HWPL
Volunteers beautified
Kelly Park on Dec 2nd
2023 through trash pick
ups and chalk art in their
basketball court to
commemorate the work
of Rosa Parks. Our
Volunteers were joined
by Council woman Lillie
Darden.
Peace Education
at KIPP Compton
Community
21 students and 5 school
staff at KIPP Compton
Community School
participated in HWPL Peace
Education lesson on Friday,
February 9th.
Mayor Emma Sharif did a
book reading for the
students and a special
lesson of “Planting Peace in
My Heart” was taught for
future leaders of Compton.
Food Drive Black
History Month
HWPL raised $1,883 of
canned food to be
donated at the
Compton’s Black
History event. We will
be participating in
another food drive at
the senior citizen’s
division at the end of
February.
Peace Monument Proposed Design
The monument design
remains dynamic. We
are embracing a
collaborative approach
to embody our peace
vision and community’s
insights to ensure it
resonates meaningfully
with Compton’s unique
spirit and values
Peace Monument Proposed Locations
Main Lobby of
Compton City Hall
Compton Council
Chambers
Compton City Hall
Entrance
Thank you.
WE ARE ONE in the pursuit of peace.
February 20, 2024
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: HUMAN RESOURCES DEPARTMENT
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COMPTON SETTING THE SALARY RANGE FOR THE SECURITY
SERVICES SUPERVISOR CLASSIFICATION.
SUMMARY
Adoption of this resolution will set the salary range for the Security Services Supervisor classification.
BACKGROUND
On March 28, 2023, the City Council adopted Resolution No. 25,811, which amended the Community Improvement Services Department budget to add the Security Services Supervisor classification. This classification exercises responsibility for Parking Control and Security Officers. Additionally, the position performs a variety of general supervisory functions supporting the department; training, coordinating and scheduling the work of Parking and Security Officers, and maintains effective coordination of security and parking operations.
Even though the classification (Security Services Supervisor) was added to the Community Improvement Department budget and the salary was named, Resolution 25,811 did not specify the salary range that is needed as part of the City’s Salary Schedule.
STATEMENT OF ISSUE
All positions in the City’s Classification Plan must be listed with the following information:
Classification Name
Salary Range
Salary Amount (Step A to Step E)
There were two (2) promotional candidates that applied, tested and were placed on the Eligible List for Security Services Supervisor. To date, a personnel action form has not been processed to place them at their proper rate of pay. In order for this error to be corrected, it is necessary to set the salary range for Security Services Supervisor as follows:
Security Services Supervisor
Salary Range 139
Salary Amount $65,351.40 – $76,638.90
4. Security Services Supervisor Salary Range
Staff Report
FINANCIAL IMPACT
There is no financial impact noted. The position is included in the 2023-2024 fiscal year budget at the correct salary rate.
RECOMMENDATION
It is recommended that the City Council adopt the attached Resolution authorizing the City Manager to set the salary range for Security Services Supervisor at range 139.
DONALD J. GRADY
HUMAN RESOURES DIRECTOR
RESOLUTION NO.____________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COMPTON SETTING THE SALARY RANGE FOR THE
SECURITY SERVICES SUPERVISOR CLASSIFICATION
WHEREAS, adoption of this resolution will set the salary range for the Security Services Supervisor classification; and
WHEREAS, on March 28, 2023, the City Council adopted Resolution No. 25,811, which amended the Community Improvement Services Department budget; and
WHEREAS, this classification exercises responsibility for Parking Control and Security Officers; and
WHEREAS, even though the classification (Security Services Supervisor) was added to the Community Improvement Department budget and the salary was named, the resolution did not specify the salary range that is needed as part of the City’s Salary Schedule; and
WHEREAS, all positions in the City’s Classification Plan must be listed with the following information:
Classification Name
Salary Range
Salary Amount (Step A to Step E)
WHEREAS, there were two (2) promotional candidates that applied, tested and were placed on the Eligible List for Security Services Supervisor; and
WHEREAS, to date, a personnel action form has not been processed to place them at their proper rate of pay; and
WHEREAS, in order for this error to be corrected, it is necessary to set the salary range for Security Services Supervisor as follows:
Security Services Supervisor
Salary Range 139
Salary Amount $65,351.40 – $76,638.90
WHEREAS, there is no financial impact noted, as the position is included in the 2023-2024 Fiscal Year budget at the correct rate of pay.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
COMPTON DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. That the Salary Range for Security Services Supervisor is set at range 139.
Section 2. That the Salary Range for Security Services Supervisor be noted in the City’s Salary Schedule.
Section 4. That a certified copy of this Resolution shall be filed in the offices of the City Manager, City Controller, City Attorney, Human Resources, and the City Clerk.
Section 5. That the Mayor shall sign and the City Clerk shall attest to the adoption of this Resolution.
Resolution No. ______________
ADOPTED this _____ day of ___________, 2024.
_______________________________
MAYOR OF THE CITY OF COMPTON
ATTEST:
___________________________________
CITY CLERK OF THE CITY OF COMPTON
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF COMPTON: ss
I, Vernell McDaniel, City Clerk of the City of Compton, hereby certify that the foregoing Resolution was adopted by the City Council, signed by the mayor and attested by the City Clerk at a regular meeting thereof, held on the _________day of __________________, 2024.
That said Resolution was adopted by the following vote, to wit:
AYES: COUNCIL MEMBERSNOES: COUNCIL MEMBERSABSTAIN: COUNCIL MEMBERSABSENT: COUNCIL MEMBERS- ___________________________________
CITY CLERK OF THE CITY OF COMPTON
February 20, 2024
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: CITY ATTORNEY
SUBJECT: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COMPTON AMENDING SECTION 7-27 OF CHAPTER VII OF
THE COMPTON MUNICIPAL CODE TO ESTABLISH THE
FORFEITURE OF NUISANCE VEHICLES ENGAGED IN
ILLEGAL SPEED CONTESTS, EXHIBITIONS OF SPEED,
STREET RACES, STREET TAKEOVERS, SIDESHOWS,
MOTORCYCLE STUNTING AND RECKLESS DRIVING
EXHIBITIONS – FIRST READING
SUMMARY
The City Council of the City of Compton will consider adopting an ordinance that would amend Section 7-27 of Chapter VII of the Compton Municipal Code (“Municipal Code”) to establish the forfeiture of nuisance vehicles engaged in illegal speed contests, exhibitions of speed, street races, street takeovers, sideshows, motorcycle stunting and reckless driving exhibitions. Adoption of the attached proposed ordinance will amend Subsections 7-27.2 to 7-27.3 and add Subsections 7-27-6 through 7-27-23 to Chapter VII: Police Regulations of the Municipal Code.
BACKGROUND
The importance of public safety and the need to keep the public roads and rights of way safe for all residents, businesses, and visitors is a top priority for the City of Compton (“City”). Over the past few years, the City has experienced an increased number of illegal street takeovers wherein individuals perform dangerous vehicle maneuvers on public intersections for large crowds.
Illegal street takeovers have detrimental effects on the community such as physical and environmental damages to City streets and private property, posing a greater risk to public safety, and causing a nuisance for City residents. The City aims to protect its residents, businesses, and visitors from the negative impacts of illegal street takeovers by implementing effective measures to prevent and respond to such incidents. The proposed ordinance will allow the City to take a harsher stance on street takeovers in an attempt to deter such acts and ensure that the public is safe when utilizing the City’s roadways.
STATEMENT OF ISSUE
Street takeovers have been an increasing issue within the City. They are planned and coordinated by participants and spectators through the use of social media, cell phones, police scanners, and other electronic devices that allow them to move locations and avoid law enforcement altogether. Both participants and spectators of such events create a
5. Staff Report – Ordinance Amending Section 7-27 of Chapter VII To Establish the Forfeiture of Nuisance Vehicles in Illegal Street Contests, Street Takeovers and Reckless Driving Exhibitions
2 dangerous environment not only when performing the demonstrations but also when fleeing upon the arrival of law enforcement. Spectators exacerbate the occurrence of these illegal vehicle speed contests and exhibitions of speed, creating an environment that place the safety and welfare of the public and themselves at risk. Not only are they a concern for public safety, they cause damage to public property that the City needs to repair with public funds.
The existing provisions in the Municipal Code as it relates to illegal speed contests, exhibitions of speed, street races, street takeovers, sideshows, motorcycle stunting and reckless driving exhibitions, do not include a section regarding the seizure and forfeiture of vehicles engaged in such actions.
Participants and Seizure/Forfeiture of Nuisance Vehicles Under state law, law enforcement has the authority to investigate, penalize, and arrest individuals who participate in illegal street takeovers. The penalties in this ordinance are not exclusive. They will supplement any other regulatory codes, statutes, and ordinances enacted by the City, the State, or any other legal entity having jurisdiction.
A motor vehicle that is involved in a street takeover is considered a nuisance and will be seized and subject to forfeiture if: (a) it is used in a street takeover which is in violation of California Vehicle Code Section 23109 and; (b) it is driven by the owner, a member of the owner’s family, if the owner or a family member is in the passenger seat, if the driver lives in the same address as the owner, or if the driver or passenger has had contact in the vehicle according to law enforcement records. A vehicle may be seized by a law enforcement officer with a court order or without a court order if there is probable cause to believe that the vehicle was used in violation of the proposed ordinance. Upon seizure of the vehicle, the City Manager or their designee must investigate any potential claimants to the vehicle and serve a notice of seizure to the legal owner within ten (10) days that the vehicle is seized. The notice will provide the owner the opportunity to request a hearing with a third-party administrator to determine the validity of the seizure.
The City Manager or his/her designee, may order the forfeiture of vehicles seized if the factual circumstances warrant forfeiture under this ordinance and must serve a notice of intended forfeiture within thirty (30) days of seizure of the vehicle. A person claiming a legal interest in the vehicle must within ten (10) days from the notice date filed with the Superior Court of the relevant county a claim opposing forfeiture. If no claims are filed or served within fifteen (15) days of the notice, the City Attorney may prepare a declaration of forfeiture that will be deemed good and sufficient title to the forfeited vehicle to the City.
The City shall then sell the vehicle at a public auction set by the City Manager unless the vehicle is of such low value that it cannot be sold. In that event, the vehicle may be donated or destroyed. If the subject vehicle is stolen, it may be claimed by the registered owner after impoundment or sold if no legal claimant is found.
Staff Report – Ordinance Amending Section 7-27 of Chapter VII To Establish the Forfeiture of Nuisance Vehicles in Illegal Street Contests, Street Takeovers and Reckless Driving Exhibitions
3 Although California Vehicle Code Section 23109 makes street takeovers illegal, the proposed ordinance will implement more aggressive prohibitions and penalties to deter both the racing and the attendance of spectators.
FISCAL IMPACT
There is potential revenue for the City to collect from the sale proceeds of forfeited vehicles. Any costs associated may have been incorporated into the operating budget of various departments.
RECOMMENDATION
Staff recommends that the City Council adopt the attached proposed ordinance amending Section 7-27 of Chapter VII of the Compton Municipal Code to amend Subsections 7-27.2 to 7-27.3 and to add Subsections 7-27-6 through 7-27-23.
ERIC J. PERRODIN
CITY ATTORNEY
APPROVED FOR FORWARDING:
WILLIE HOPKINS JR.
CITY MANAGER
Attachment: Proposed Ordinance
ORDINANCE NO. ___________
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COMPTON AMENDING SECTION 7-27 OF CHAPTER VII OF THE COMPTON
MUNICIPAL CODE TO ESTABLISH THE FORFEITURE OF NUISANCE
VEHICLES ENGAGED IN ILLEGAL SPEED CONTESTS, EXHIBITIONS
OF SPEED, STREET RACES, STREET TAKEOVERS, SIDESHOWS,
MOTORCYCLE STUNTING AND RECKLESS DRIVING EXHIBITIONS
WHEREAS, the City Council of the City of COMPTON finds and declares that pursuant to California Vehicle Code Section 23109, motor vehicle speed contests and exhibitions of speed conducted on public streets and highways are illegal; and WHEREAS, streets, highways and intersections within the City of Compton have been the site of continuing and escalating illegal street racing and exhibitions of speed over the past several years and are commonly referred to as “street racing/intersection takeovers; and
WHEREAS, such street racing and exhibitions of speed threaten the health and safety of the public, interfere with pedestrian and vehicular traffic and create a public nuisance; and
WHEREAS, these illegal motor vehicle speed contests and exhibitions of speed create an environment where persons engaged in automobile performance demonstrations and other activities that include dangerous driving behavior for the entertainment of participants and spectators as well as reckless driving when fleeing law enforcement; and
WHEREAS, these illegal motor vehicle speed contests and exhibitions of speed attract hundreds of juveniles and adults from all areas of southern California on a regular basis to participate or to be a spectator at these events; and WHEREAS, vehicles used in violation of California Vehicle Code Sections 23109(a) and (c) are a nuisance and will be forfeited to the City of Compton to prevent the needless loss of life and property damage associated with illegal motor vehicle speed contests and exhibitions of speed; and
WHEREAS, the City Council of the City of Compton finds it is necessary and appropriate to take steps to protect public health and safety of pedestrians and motorists in, about, or upon public streets and highways so as to minimize any dangerous conditions caused by illegal motor vehicle speed contests and exhibitions of speed.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COMPTON DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Incorporation of Recitals. That the City Council of the City of Compton finds and declares the foregoing is true and correct and incorporates said recitals fully into this Ordinance as substantive findings.
SECTION 2. That Subsections 7-27.2 to 7-27.3 of Section 7-27 of Chapter VII of the Compton Municipal Code are hereby amended in their entirety as follows:
§ 7-27.2 Definitions.
The following terms and phrases, as used in this Section, shall be defined as follows:
a. CITY shall mean the City of Compton.
b. DAYS shall mean workdays, not including weekends and holidays.
ORDINANCE NO. ______________
PAGE 2 OF 10
c. DRIVER shall mean any person who drives a motor vehicle. d. EVENT shall mean any speed contest or exhibition of speed referred to in California Vehicle Code Sections: 23109(a) and 23109(c), as may be amended from time to time.
e. ILLEGAL MOTOR VEHICLE SPEED CONTEST OR ILLEGAL EXHIBITION OF SPEED shall mean any speed contest or exhibition of speed referred to in California Vehicle Code §§ 23109(a) and 23109(c), as amended from time to time. f. IMMEDIATE FAMILY shall mean father, mother, sister or brother. g. LEGAL OWNER shall mean a person holding a security interest in a vehicle referred to in California Vehicle Code Section 370.
h. MOTORCYCLE shall mean a motor vehicle having a seat or saddle for the use of the rider, designed to travel on not more than three wheels in contact with the ground. Additionally, a motor vehicle that has four wheels in contact with the ground, two of which are a functional part of a sidecar, is a motorcycle as referred to in California Vehicle Code Section: 400(a) and 400(b), as may be amended from time to time. i. MOTORCYCLE STUNTING shall mean any use of a motorcycle for the purpose of acrobatic maneuvering to perform wheelies (the front wheel of the motorcycle comes off the ground), burnouts (keeping the motorcycle stationary and spinning its wheels which results in friction causing the tires to heat up and create smoke), or front wheelies/stoppies (the rear wheel of the motorcycle is lifted by abruptly applying the front brake).
j. MOTOR VEHICLE shall mean a vehicle that is self-propelled as referred to in California Vehicle Code Section: 415(a), as may be amended from time to time. Note:
An “All-terrain vehicle” (ATV) is a motor vehicle as referred to in California Vehicle Code Section: 111(a), as may be amended from time to time. k. OFFSTREET PARKING FACILITY shall mean any public or private parking facility open and accessible to members of the public as referred to in California Vehicle Code Section: 12500(c), as may be amended from time to time. l. PREPARATIONS FOR THE ILLEGAL MOTOR VEHICLE SPEED
CONTEST OR ILLEGAL EXHIBITION OF SPEED shall mean those preparations which include, but are not limited to, situations in which:
(1) A group of motor vehicles or motorcycles or individuals has arrived at a location for the purpose of participation in or being spectators at the event;
(2) A group of individuals has lined one or both sides of a public street or highway or off street parking facility for the purpose of participating in or being a spectator at the event;
(3) A group of individuals has gathered on private property open to the general public without the consent of the owner, operator or agent thereof for the purpose of participating in or being a spectator at the event;
(4) One or more individuals has impeded the free public use of a public street or highway or off street parking facility by actions, words, or physical barriers for the purpose of conducting the event; (5) Two (2) or more vehicles have lined up with motor(s) running for an illegal motor vehicle speed contest, exhibition of speed, street race, street takeover, sideshow, motorcycle stunting or reckless driving exhibition;
ORDINANCE NO. ______________
PAGE 3 OF 10
(6) One (1) or more drivers are revving his/her engine or spinning his/her tires in preparation for the event;
(7) An individual is stationed at or near one or more motor vehicles serving as a race starter; or
(8) One (1) or more motor vehicles are driving their vehicle(s) in a circular, semi-`circular, straight or figure eight pattern. m. RECKLESS DRIVING EXHIBITION shall mean any exhibition of reckless driving referred to in California Vehicle Code Section: 23101, as may be amended from time to time.
n. REGISTERED OWNER shall mean a person registered by the Department of Motor Vehicles as the owner of a vehicle referred to in California Vehicle Code Section 505.
o. SPECTATOR shall mean any individual who is within five hundred (500) feet of an illegal motor vehicle speed contest, exhibition of speed, street race, street takeover, sideshow, motorcycle stunting and reckless driving exhibition, or at a location where preparations are being made for such activities, for the purpose of viewing, observing, watching, or witnessing the event without regard to whether the individual arrived at the event by driving a vehicle, riding as a passenger in a vehicle, walking, or arrived by some other means.
p. STREET RACE shall mean any motor vehicle speed contest or motor vehicle exhibition of speed referred to in California Vehicle Code Sections: 23109(a) and 23109(c), as may be amended from time to time.
q. STREET TAKEOVER and SIDESHOW shall mean an event in which one or more persons block or impede traffic on a street or highway for the purpose of performing motor vehicle stunts, street racing, or reckless driving for spectators referred to in California Vehicle Code Section: 23109(i)(2)(A), as may be amended from time to time.
r. VEHICLE shall mean a device by which any person or property may be propelled, moved, or drawn upon a highway, excepting a device moved exclusively by human power or used exclusively upon stationary rails or tracks as referred to in California Vehicle Code Section: 670, as may be amended from time to time. § 7-27.3 Spectator at Illegal Speed Contest, Exhibition of Speed, Street Race, Street Takeover, Sideshow, Motorcycle Stunting and Reckless Driving Exhibition.
a. Any individual who is knowingly present as a spectator, either on a public street or highway, or on private property open to the general public without consent of the owner, operator, or agent thereof, at an illegal motor vehicle speed contest, exhibition of speed, street race, street takeover, sideshow, motorcycle stunting and reckless driving exhibition is guilty of a misdemeanor subject to a maximum of six (6) months in jail and/or a fine of up to $1,000.00.
b. Any individual who is knowingly present as a spectator, either on a public street or highway, or on private property open to the general public without consent of the owner, operator or agent thereof, where preparations are being made for an illegal motor vehicle speed contest, exhibition of speed, street race, street takeover, sideshow, motorcycle stunting and reckless driving exhibition is guilty of a misdemeanor subject to a maximum of six (6) months in jail and/or a fine of up to $1,000.00. c. An individual is present at the illegal motor vehicle speed contest, exhibition of speed, street race, street takeover, sideshow, motorcycle stunting or reckless driving exhibition if that individual is within five hundred (500) feet of the location of the event, or ORDINANCE NO. ______________
PAGE 4 OF 10
within five hundred (500) feet of the location where preparations are being made for the event.
d. Exemption: Nothing in this section prohibits law enforcement officers or their agents from being spectators at an illegal motor vehicle speed contest, exhibition of speed, street race, street takeover, sideshow, motorcycle stunting or reckless driving exhibition in the course of their duties.
SECTION 3. That Subsections 7-27.6 to 7-27.23 of Section 7-27 of Chapter VII of the Compton Municipal Code are hereby added and shall read in its entirety as follows:
§ 7–27.6 Non-exclusive Remedy.
This Chapter is not the exclusive regulation or penalty for participation in a motor vehicle speed contest or exhibitions of speed. It supplements and is in addition to any other regulatory codes, statutes, and ordinances heretofore or hereafter enacted by the City, the state or any other legal entity or agency having jurisdiction. Local law enforcement agencies have the authority to cite spectators with an administrative citation. Such administrative citations will result in a fine of Two Thousand Dollars ($2,000). § 7-27.7 Seizure and Forfeiture of Nuisance Vehicles.
A motor vehicle shall be declared a nuisance and shall be seized and subject to forfeiture under this Chapter if:
a. It is used in violation of California Vehicle Code Sections 23109(a) or (c); and
b. (1) It is driven by the registered owner of the vehicle at the time of the violation, or the registered owner is a passenger in the vehicle at the time of the violation; or
(2) It is driven by a member of the registered owner’s immediate family at the time of the violation, or a member of the registered owner’s immediate family is a passenger in the vehicle at the time of the violation; or
(3) The driver or a passenger lives at the same address as the registered owner at the time of the violation; or
(4) The driver or a passenger in the vehicle at the time of the violation has a prior contact in the vehicle, as determined by law enforcement records.
c. Declaration of this nuisance is made in accordance with the authority granted to the City in California Government Code § 38771, and as amended from time to time.
§ 7-27.8 Seizure of Vehicles Subject to Forfeiture.
a. A peace officer may seize a vehicle subject to forfeiture under this Section upon the issuance of an order by a court having jurisdiction of the vehicle. Seizure without court order may be made in any of the following circumstances:
(1) The seizure is incident to an arrest or search under a search warrant; (2) There is probable cause to believe the vehicle was used in violation of Section 7-27.7.
ORDINANCE NO. ______________
PAGE 5 OF 10
b. A peace officer seizing a vehicle under this Section shall complete a receipt in accordance with Penal Code Section 1412 and deliver it to the person from whose possession the vehicle was seized.
c. An immediate investigation shall be made by the City Manager or its designee making the seizure as to any potential claimant to a vehicle whose right, title, interest, or lien is of record in the Department of Motor Vehicles of this or any other state or appropriate federal agency. If the City Manager or its designee finds that any person, other than the registered owner, is the legal owner, and the ownership did not arise subsequent to the date and time of arrest or seizure of the vehicle or notification of the forfeiture proceedings, the City Manager or its designee shall, within ten (10) days of the vehicle’s seizure, send a notice of seizure to the legal owner at his or her address appearing on the records of the Department of Motor Vehicles of this or any other state or any appropriate federal agency.
d. The City Manager or its designee making the seizure of the vehicle shall provide any potential claimants discovered as a result of the investigation set out in subsection (c) above with the opportunity for a post-seizure hearing to determine the validity of the seizure. The post-seizure hearing shall be conducted within ten (10) days of the request. A third-party administrator shall be contracted with the City and shall hold the post-hearing proceedings. Failure of either a registered or legal owner to request a hearing as provided in this Section or to attend a scheduled hearing shall satisfy the postseizure hearing requirement. § 7-27.9 Notice of Seizure.
The notice of seizure shall include the following:
a. A description of the vehicle.
b. The date and place of seizure.
c. The violation of law alleged with respect to forfeiture of the vehicle. d. The instructions for filing and serving a claim with the City Clerk pursuant to Section 7-27.11 and time limits for filing a claim.
e. A vehicle seized pursuant to this Chapter, where appropriate, may be held as evidence in any proceeding brought by the City Manager or its designee, City Attorney or District Attorney.
§ 7-27.10 Forfeiture and Notice of Intended Forfeiture of Vehicle. a. The City Manager or its designee may, pursuant to this Section, order the forfeiture of vehicles seized under this Chapter.
b. If the City Manager or its designee determines that the factual circumstances warrant forfeiture of the vehicle described in Section 7-27.7, the City Manager or its designee shall serve a notice of intended forfeiture upon any person who has an interest in the seized vehicle. The notice shall be served as soon as practicable, but in any event within thirty (30) days of the seizure of the vehicle subject to forfeiture. c. The notice of intended forfeiture shall be served as follows:
(1) The notice of intended forfeiture shall be served by personal delivery or certified mail, return receipt requested, upon any person who has an interest in the seized vehicle as determined pursuant to Section 7-27.8(c).
ORDINANCE NO. ______________
PAGE 6 OF 10
(2) In the event that the person entitled to service refuses to accept certified return receipt mail or cannot be personally served, service may be made by substituted service. Substituted service may be accomplished by any one of the following methods:
(a) By leaving a copy during usual business hours at the recipient’s business with the person who is apparently in charge, and by thereafter mailing by first class mail a copy to the recipient where the copy was left.
(b) By leaving a copy at the recipient’s dwelling or usual place of abode, in the presence of a competent member of the
household and thereafter mailing by first class mail a copy to the recipient at the address where the copy was left.
(3) If the person entitled to service lives out of state and will not accept certified return receipt mail, then service may be made by first class mail.
(4) If the person entitled to notice cannot be located, or service cannot be made as set forth in this subsection, service may be made by publication in a newspaper of general circulation. Service shall be deemed sufficient when it is accomplished pursuant to Government Code Section 6063.
§ 7-27.11 Claims Opposing Forfeiture.
A person claiming an interest in the vehicle seized pursuant to Section 7-27.7, must within ten (10) days from the date of the notice of intended forfeiture or within thirty (30) calendar days from the date of first publication of the notice of intended forfeiture, file with the Superior Court of the county in which the vehicle was seized, a Claim Opposing Forfeiture, verified in accordance with Section 446 of the Code of Civil Procedure, stating his or her interest in the vehicle. An endorsed copy of the claim shall be served upon the City Attorney within ten (10) days of the filing of the claim. § 7-27.12 Administrative Forfeiture.
If no claims are filed and served within 15 days of the mailing of the notice pursuant to Section 7-27.10 or within five (5) days of personal service of the notice, the City Attorney shall prepare a written declaration of forfeiture of the vehicle to the City. A written declaration of forfeiture signed by the City Attorney under this Section shall be deemed to provide good and sufficient title to the forfeited vehicle. A copy of the declaration shall be provided on request to any person informed of the pending forfeiture pursuant to Section 7-27.8. A claim that is filed and later withdrawn by the claimant shall be deemed to not have been filed.
§ 7-27.13 Judicial Forfeiture Proceedings.
a. The filing of a claim within the time limit specified in Section 7-27.11 is considered a jurisdictional prerequisite for initiating a forfeiture proceeding. A proceeding in the civil case is a limited civil case. The burden of proof in the civil case shall be on the City by a preponderance of the evidence. All questions that may arise shall be decided and all other proceedings shall be conducted as in an ordinary civil action. b. Upon proof that the vehicle was used for any of the purposes set forth in Section 7-27.7, the court shall declare the vehicle a nuisance and order that the vehicle be forfeited and the proceeds upon sale distributed as set forth in Section 7-27.19. The court may make a different distribution of the proceeds, if the court finds that the claimant ORDINANCE NO. ______________
PAGE 7 OF 10
did not know that the vehicle was used for a purpose that constitutes a violation of this Section.
c. A judgment of forfeiture does not require as a condition precedent the conviction of a defendant for the current violation which gave rise to the nuisance and caused these forfeiture proceedings to be initiated.
§ 7-27.14 Community Property Interest Release.
If at the time of the violation there is a community property interest in the vehicle to be forfeited, and at the time of the violation the vehicle is the only vehicle available to the registered owner’s immediate family that may be operated with a class C driver’s license, the vehicle shall be released to a registered owner or to the community property interest owner upon compliance with all of the following requirements:
a. The registered owner or the community property interest owner requests release of the vehicle and the owner of the community property interest submits proof of that interest; and
b. The registered owner or the community property interest owner submits proof that the vehicle is properly registered pursuant to the California Vehicle Code; and c. All towing and storage charges and any administrative charges authorized pursuant to California Vehicle Code Section 22850.5 and the Compton Municipal Code are paid; and
d. The registered owner and the community property interest owner sign a stipulated vehicle release agreement, as described in Section 7-27.15, in consideration for the non-forfeiture of the vehicle.
§ 7-27.15 Stipulated Vehicle Release Agreement.
a. A stipulated vehicle release agreement shall provide for the consent of the signers to the automatic future forfeiture and transfer of title to the City of any vehicle registered to that person, if the vehicle is used in violation of California Vehicle Code Sections 23109(a) or (c). The agreement shall be in effect for five (5) years from the date of signing and shall be maintained by the City Manager or its designee. b. No vehicle shall be released pursuant to Section 7-27.14 if the City Manager or its designee has on file a prior stipulated vehicle release agreement signed by that person within the previous five (5) years.
§ 7-27.16 Vehicle Title Vesting in the City.
All right, title, and interest in the vehicle shall vest in the City upon commission of the act giving rise to the nuisance under this Chapter.
§ 7-27.17 Sale of Forfeited Vehicle After Declaration of Forfeiture.
Any vehicle forfeited pursuant to this Chapter shall be sold once a declaration of forfeiture is issued by the City Attorney or an order of forfeiture is issued by a court, as the case may be, pursuant to Sections 7-27.12 and 7-27.13. The City shall offer the forfeited vehicle for sale at public auction within sixty (60) days of receiving title to the vehicle. Low value vehicles shall be disposed of pursuant to Section 2963. § 7-27.18 Disposition of Low-Value Vehicles.
If the City Manager or its designee determines that the vehicle to be forfeited and sold pursuant to this Article is of so little value that it cannot readily be sold to the public generally, the vehicle shall be conveyed to a licensed dismantler or donated to a ORDINANCE NO. ______________
PAGE 8 OF 10
charitable organization. License plates shall be removed from any vehicle conveyed to a dismantler pursuant to this Section.
§ 7-27.19 Distribution of Sale Proceeds.
a. The proceeds of a sale of a forfeited vehicle shall be disposed of in the following priority:
(1) To satisfy the towing, storage and administrative costs following impoundment, the costs of providing notice, the costs of sale, and the unfunded costs of judicial proceedings, if any; then, (2) To the City for all legal expenditures, made or incurred by the City Attorney’s office in connection with the enforcement of this Chapter, including but not limited to, costs for investigation, litigation, and notices resulting from enforcement of this Article; then, (3) To the City for local law enforcement for all expenditures other than personnel costs, made or incurred in connection with enforcement of this Chapter, including but not limited to, costs for equipment, investigation and supplies related to enforcement of this Chapter; then,
(4) To the City for all expenditures incurred by the Public Works Department for the necessary repairs to any public streets or intersections damaged as a result of the illegal street racing contest(s) or exhibitions of speed; then
(5) Upon satisfactory proof to the City Manager or its designee, to the legal owner in an amount to satisfy the indebtedness owed to the legal owner remaining as of the date of sale, excluding any accrued interest or finance charges and delinquency charges, providing that the principal indebtedness was incurred prior to the date of impoundment; then,
(6) To the holder of any subordinate lien or encumbrance on the vehicle, other than a registered or legal owner, to satisfy any indebtedness so secured if written notification of demand is received before distribution of the proceeds is completed. The holder of a subordinate lien or encumbrance, if requested, shall furnish reasonable proof of its interest and, unless it does so upon request, is not entitled to distribution pursuant to this Section; then,
(7) To any other person, other than a registered or legal owner, who can reasonably establish an interest in the vehicle, including a community property interest, to the extent of his or her provable interest, if written notification is received before distribution of the proceeds is completed; then,
(8) Of the remaining proceeds, one hundred percent (100%) shall be transferred to the City via the City Treasurer.
b. A vehicle may be destroyed only if the condition of the vehicle warrants destruction and there are no lien holders or claimants who did not know that the vehicle was used for a purpose that constitutes a violation of this Article. c. A forfeited vehicle shall not be sold to any person identified under Section 7-27.7 at the time the vehicle was seized.
ORDINANCE NO. ______________
PAGE 9 OF 10
§ 7-27.20 Accounting of Sale Proceeds.
The person conducting the sale shall disburse the proceeds of the sale as provided in Section 7-27.9 and shall provide a written accounting regarding the disposition to the City Manager or its designee and, on request, to any person entitled to a share of the proceeds to any person validly claiming a share of the proceeds, as determined by the City Manager or its designee, within fifteen (15) days after the sale is conducted. § 7-27.21 Stolen Vehicles.
No vehicle shall be sold pursuant to this Chapter if the City Manager or its designee determines the vehicle to have been stolen. In this event, the vehicle may be claimed by the registered owner at any time after impoundment, providing the vehicle registration is current and registered owner has no outstanding traffic violations or parking penalties on his or her driving record or on the registration record of any vehicle registered to the person. If the identity of the legal and registered owners of the vehicle cannot be reasonably ascertained, the vehicle may be sold.
§ 7-27.22 Towing and Storage Fees.
a. The City is responsible for the costs incurred for towing and storage if it is determined that the driver at the time of impoundment did not violate California Vehicle Code Section 23109(a) or (c) and did not give rise to the nuisance. b. Charges for towing, storage and administrative for any vehicle impounded pursuant to this Chapter shall be set forth by Resolution by the City Council. § 7-27.23 Recovery of Monetary Loss.
Nothing in this Chapter shall preclude an owner of a vehicle who suffers a monetary loss from the forfeiture of a vehicle under this section from recovering the amount of the actual monetary loss from the person(s) who committed the act giving rise to forfeiture under this Chapter.
Section 3. SEVERABILITY
That the City Council declares that, should any provision, section, paragraph, sentence or word of this Ordinance hereby adopted be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by any reason of any preemptive legislation, to be unconstitutional or otherwise invalid, the remaining provisions, sections, paragraphs, sentences or words of this Ordinance hereby adopted shall remain in full force and effect which can be implemented without the invalid provisions, and to this end, the provisions of this Ordinance are declared to be severable.
Section 4. DISTRIBUTION
That a copy of this Ordinance shall be filed in the offices of the City Clerk, City Manager, City Attorney, Municipal Law Enforcement Services, and the Los Angeles County Sheriff’s Department, Compton Station.
Section 5. EFFECTIVE DATE
That this Ordinance shall take effect thirty (30) days after its adoption.
Section 6. ATTESTATION
That the Mayor shall sign and the City Clerk shall attest to the adoption of this Ordinance and shall cause the same to be published as required by law.
ORDINANCE NO. ______________
PAGE 10 OF 10
ADOPTED this __________ day of ________________, 2024.
_____________________________________
MAYOR OF THE CITY OF COMPTON
ATTEST:
___________________________________
CITY CLERK OF THE CITY OF COMPTON
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
CITY OF COMPTON )
I, Vernell McDaniel, City Clerk of the City of Compton, hereby certify that the foregoing Ordinance was adopted by the City Council, signed by the Mayor and attested by the City Clerk at a regular meeting thereof held on __________ day of ____________________, 2024.
That said Ordinance 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
February 20, 2024
TO: MAYOR AND CITY COUNCIL MEMBERS
FROM: CITY CONTROLLER
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AUTHORIZING THE CITY MANAGER TO ENTER INTO A MULTIYEAR PROFESSIONAL SERVICES AGREEMENT WITH PLANETBIDS INC.
IN AN AMOUNT NOT TO EXCEED SEVENTY-TWO THOUSAND FIVE
HUNDRED NINETEEN DOLLARS ($72,519) FOR ELECTRONIC BIDDING PLATFORM SERVICES, TO AMEND THE CITY CONTROLLER’S FY2023- 2024 BUDGET, AND TO ISSUE A PURCHASE ORDER IN THE AMOUNT OF
FORTY-THREE THOUSAND SIX HUNDRED EIGHTY-TWO DOLLARS
($43,682) TO PLANETBIDS INC. FOR ELECTRONIC BIDDING PLATFORM SERVICES.
SUMMARY
Staff is requesting that the City Council consider adopting a Resolution authorizing the City Manager to enter into a three (3) year professional services agreement (along with authorization to extend the term of the agreement for two (2) additional years) with PlanetBids Inc. to provide Electronic Bidding Platform services to the City, to amend the City’s Controller’s FY2023-2024 Budget to appropriate funds for the service, and to issue a Purchase Order for the amount of Forty-Three Thousand Six Hundred Eighty-Two Dollars ($43,682) for services to be provided by PlanetBids Inc. through December 31, 2026. The amount of the contract including the optional years is Seventy-Two Thousand Five Hundred Nineteen Dollars ($72,519). Funding for the remaining years of the agreement will be allocated in future City budgets.
BACKGROUND
The City of Compton solicits bids, quotes, and proposals for a wide variety of projects, equipment and services. Solicitation of quotes, bids, and proposals are done in accordance with the City’s Municipal Code, Article 14 Section 1411, and Section 4 Policy
4.5 of the Standard Operating Manual, in which ample opportunity shall be given for competitive bidding when procuring goods or services (Please see Attachment “A” for regulations).
The City’s process in soliciting candidates for responses to Request for Proposals (RFP) and Request for Qualifications (RFQ) has relied on the Compton Bulletin and the City’s website for publication. As RFP’s and/or RFQ’s are released by staff, interested parties would submit a proposal, and staff would select the winning candidate in accordance with the Purchasing regulations and policies. A need has arisen for City staff to extend the
6. Staff Report – Resolution Authorizing Multi-Year Agreement PlanetBids (Electronic Bidding Platform)
February 20 2024
Page. 2
reach of advertising for its request for bids. Staff believes that to maximize the efforts in releasing the RFP’s and RFQ’s, a more extensive platform is required to reach a greater pool of candidates, ultimately increasing the City’s success in finding the lowest responsible bidder.
Therefore, City staff issued an RFP for an Electronic Bidding Platform access and services.
STATEMENT OF ISSUE
In October 2023, City staff released an RFP for Electronic Bidding Platform Services, in which PlanetBids Inc. and Bonfire provided proposals. Staff reviewed the proposals and conducted an apples-to-apples comparison on their prices. Staff from the Controller’s Department also interviewed both firms, and included other City Departments input for which their services would be received to establish the best candidate to meet the City’s needs at the best cost.
The apples-to-apples comparison weighed the value of the provided service to the mentioned cost listed in the proposals. During the interviews, the candidates were asked a series of questions and were allowed to present a short demonstration of their software, in which staff rated their overall interview afterwards. After conducting the apples-to-apples cost comparison and candidate interviews, staff has determined that PlanetBids Inc. is the lowest responsible bidder for the Electronic Bidding Platform Services. (Please see Attachment “B” for cost comparison and Attachment “C” for Staff Rating Sheets)
PlanetBids Inc. provides a platform to search for solicitation opportunities, receive automatic announcements, download documents, and for candidates to bid electronically. The platform will give staff access to a greater pool of vendors and view information from other organizations that are soliciting similar goods and/or services. Staff believes that it is beneficial for the City to be able to reach out to more vendors directly in an effort to solicit more proposals, which will increase the potentiality of getting the most qualified and most competitive candidate for any RFP and/or RFQ.
PlanetBids Inc. has provided a fixed fee schedule. The prices are as follows:
Year 1- $16,500 (Includes a one-time set-up fee)
Year 2- $13,390
Year 3- $13,792
Year 4- $14,205 (Optional)
Year 5- $14,632 (Optional)
Staff is requesting authorization be given to enter into a multi-year agreement with PlanetBids Inc. for Electronic Bidding Platform Services and an amendment to the City’s Controller’s FY2023-2024 Budget to appropriate funds for the service, and to open a Purchase Order in the amount of Forty-Three Thousand Six Hundred Eighty-Two Dollars ($43,682) for services to be provided by PlanetBids Inc. through December 31, 2026.
Staff Report – Resolution Authorizing Multi-Year Agreement PlanetBids (Electronic Bidding Platform)
February 20 2024
Page. 3
The current requirement for hard copies of the bidder’s proposal shall still be submitted to the City Clerk’s office and the process of implementing PlanetBids Inc. can be amended to conform to the City Clerk’s requirements.
FISCAL IMPACT
As can be seen in the apples-to-apples comparison provided in Attachment “B,” PlanetBids provides the lowest responsible bid that is suitable for the City’s needs. Per the proposal, PlanetBids’ cost for three (3) years (along with the option extend the term of the agreement for two (2) additional years) is not-to-exceed Seventy-Two Thousand Five Hundred Nineteen Dollars ($72,519). An amendment to the City’s Controller’s Department FY2023- 2024 Budget is requested as follows:
Increase in Revenue appropriations:
Account Code Account Name Amount
2810-000-000-3565 American Rescue Plan Fund $43,682
Other Federal Grant Revenue
Increase in Expenditure appropriations:
Account Code Account Name Amount
2810-650-000-4266 American Rescue Plan Fund $43,682
Contract Services
A Purchase Order is also requested at this time for PlanetBids in the amount of Forty-Three Thousand Six Hundred Eighty-Two Dollars ($43,682) from the following account:
Account Code Account Name Amount
2810-650-000-4266 Contract Services $43,682
Funding for the remaining years of the agreement will be allocated in future City budgets.
RECOMMENDATION
Staff recommends the City Council to adopt the attached Resolution to authorize the City Manager to enter into a multi-year agreement with PlanetBids and amend the City’s budget to appropriate funds for the service, and also authorize the City Manager to open a Purchase Order in the amount of Forty-Three Thousand Six Hundred Eighty-Two Dollars ($43,682) for PlanetBids for Electronic Bidding Platform services to be provided to the City through December 31, 2026.
Staff Report – Resolution Authorizing Multi-Year Agreement PlanetBids (Electronic Bidding Platform)
February 20 2024
Page. 4
SHARON RAHBAN NAVIZADEH
CITY CONTROLLER FORWARDED TO CITY MANAGER
APPROVED FOR FORWARDING:
WILLIE A. HOPKINS, JR.
CITY MANAGER
RESOLUTION NO. __________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COMPTON AUTHORIZING THE CITY MANAGER TO ENTER INTO A MULTIYEAR PROFESSIONAL SERVICES AGREEMENT WITH PLANETBIDS INC. IN
AN AMOUNT NOT TO EXCEED SEVENTY-TWO THOUSAND FIVE HUNDRED NINETEEN DOLLARS ($72,519) FOR ELECTRONIC BIDDING PLATFORM SERVICES, TO AMEND THE CITY CONTROLLER’S FY2023-2024 BUDGET,
AND TO ISSUE A PURCHASE ORDER IN THE AMOUNT OF FORTY-THREE THOUSAND SIX HUNDRED EIGHTY-TWO DOLLARS ($43,682) TO
PLANETBIDS INC. FOR ELECTRONIC BIDDING PLATFORM SERVICES.
WHEREAS, Article 14 Section 1411 of the City of Compton Municipal Code and Section 4 Policy 4.5 of the Standard Operating Manual governs the provisions set for Competitive Bidding; and
WHEREAS, the City of Compton solicits bids, quotes, and proposals for a wide variety of projects, equipment and services. Solicitation of quotes, bids, and proposals are done in accordance with the City’s Municipal Code (Article 14 Section 1411) and Standard Operating Manual; and
WHEREAS, in accordance with the Standard Operating Manual (Section 4 Policy
4.5), as Request for Proposals (RFP) and/or Request for Qualifications (RFQ) are released by City staff, interested parties would submit a proposal, in which staff would secure the services of the most competitive bidder; and WHEREAS, the City’s process in soliciting candidates for responses to RFP’s and RFQ’s has currently and primarily relied on the Compton Bulletin and the City’s website for publication; and
WHEREAS, staff believes to maximize the efforts in releasing the RFP’s and RFQ’s, a more extensive platform is required to reach a greater pool of candidates and ultimately increasing the City’s success in finding the lowest responsible bidder; and WHEREAS, in October 2023, City staff released an RFP for Electronic Bidding Platform Services, in which PlanetBids Inc. and Bonfire provided proposals; and WHEREAS, staff reviewed the proposals and conducted an apples-to-apples comparison on their prices; and
WHEREAS, after conducting the apples-to-apples comparison and interviews, staff has determined that PlanetBids Inc. was the lowest responsible bidder for the Electronic Bidding Platform Services; and
WHEREAS, the platform will give staff access to a greater pool of vendors and view information from other organizations that are soliciting similar goods and/or services; and
WHEREAS, staff believes it is beneficial for the City to be able to reach out to more vendors directly in an effort to solicit more proposals, which will increase the potentiality of getting the most qualified and most competitive candidate; and WHEREAS, PlanetBids Inc. has provided a fixed fee schedule for a total of Seventy-Two Thousand Five Hundred Nineteen Dollars ($72,519). The years’ prices are as follows:
Resolution No. __________
2 Year 1- $16,500 (Includes a one-time set-up fee)
Year 2- $13,390
Year 3- $13,792
Year 4- $14,205 (Optional)
Year 5- $14,632 (Optional)
WHEREAS, staff is requesting authorization be given to enter into a multi-year agreement with PlanetBids Inc. for Electronic Bidding Platform Services ($72,519) and an amendment to the City’s Controller’s FY2023-2024 Budget to appropriate funds for the service, and to open a Purchase Order in the amount of Forty-Three Thousand Six Hundred Eighty-Two Dollars ($43,682) for services to be provided by PlanetBids Inc. through December 31, 2026; and
WHEREAS, an amendment to the City’s Controller’s Department FY2023-2024 Budget to appropriate funds for the services is requested as follows:
Increase in Revenue appropriations:
Account Code Account Name Amount
2810-000-000-3565 American Rescue Plan Fund $43,682
Other Federal Grant Revenue
Increase in Expenditure appropriations:
Account Code Account Name Amount
2810-650-000-4266 American Rescue Plan Fund $43,682
Contract Services
WHEREAS, A Purchase Order is also requested at this time for PlanetBids in the amount of Forty-Three Thousand Six Hundred Eighty-Two Dollars ($43,682) from the following account:
Account Code Account Name Amount
2810-650-000-4266 Contract Services $43,682
WHEREAS, funding for the remaining years of the agreement will be allocated in future City budgets; and
WHEREAS, staff recommends the City Council to adopt the attached Resolution to authorize the City Manager to enter into a multi-year agreement with PlanetBids Inc. ($72,519) and amend the City’s budget to appropriate funds for the service, and also authorize the City Manager to open a Purchase Order in the amount of Forty-Three Thousand Six Hundred Eighty-Two Dollars ($43,682) for PlanetBids for Electronic Bidding Platform services to be provided to the City; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COMPTON DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. That the City Manager is hereby authorized to enter into a multiyear professional services agreement with PlanetBids for Electronic Bidding Platform services ($72,519).
SECTION 2. That an amendment to the City Controller’s Department FY2023- 2024 Budget will be made to appropriate funds for the services of PlanetBids.
Resolution No. __________
3 Increase in Revenue appropriations:
Account Code Account Name Amount
2810-000-000-3565 American Rescue Plan Fund $43,682
Other Federal Grant Revenue
Increase in Expenditure appropriations:
Account Code Account Name Amount
2810-650-000-4266 American Rescue Plan Fund $43,682
Contract Services
SECTION 3. That a Purchase Order is be issued for the amount of FortyThree Thousand Six Hundred Eighty-Two Dollars ($43,682) for services to be provided by PlanetBids through December 31, 2026.
Account Code Account Name Amount
2810-650-000-4266 Contract Services $43,682
Funding for the remaining years of the agreement will be allocated in future City budgets.
SECTION 4. That a duly copy of the Resolution shall be filed with the offices of the City Manager, City Clerk, City Attorney, and City Controller.
SECTION 5. That the Mayor shall sign and the City Clerk shall attest to the adoption of this Resolution.
ADOPTED this ____________ day of _____________, 2024.
________________________________
MAYOR OF THE CITY OF COMPTON
ATTEST:
________________________________
CLERK OF THE CITY OF COMPTON
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF COMPTON )
I, Vernell McDaniel, City Clerk of the City of Compton, hereby certify that the foregoing Resolution was adopted by the City Council of the City of Compton, signed by the Mayor and attested by the City Clerk at a regular meeting thereof held on this ___________ day of ________________, 2024.
Resolution No. __________
4 That said Resolution was adopted by the following vote, to wit:
AYES: COUNCILMEMBERS -
NOES: COUNCILMEMBERS -
ABSTAIN: COUNCILMEMBERS -
ABSENT: COUNCILMEMBERS -
____________________________________
CITY CLERK OF THE CITY OF COMPTON
Attachment A
Municipal Code
Section 1411Competitive Bidding.
Before making purchases of, or contracts for, supplies, materials or equipment, ample opportunity shall be given for competitive bidding, under such rules and regulations and with such exceptions as the City Council may prescribe in the ordinance setting up such rules and regulations. When making purchases for the City, local merchants shall be given the preference, quality and prices being equal.
Standard Operating Manual
STANDARD OPERATING
MANUAL
EFFECTIVE:
April 1, 1997
SECTION: 4 POLICY: 4.5
SUBJECT: Procurement SUPERSEDES: TITLE: General
Operating
PAGE3 OF 15
b. Section 1411. Competitive Bidding. Before making purchases of, or contracts for, supplies, materials or equipment, ample opportunity shall be given for competitive bidding, under such rules and regulations and with such exceptions as the City Council may prescribe in the ordinance setting up such rules and regulations. When making purchases for the City, local merchants shall be given the preference, quality and prices being equal.
Attachment B
Firm name Set-up Hosting, Support, Maintenance Additional Services (Included) Travel and Lodging Year 1 Fee Year 2 Fee Year 3 Fee Year 4 Fee Year 5 Fee Total Fee PlanetBids
One-time set-up, configuration,
and training fee for proposed PB
system modules for Vendor Management, Bid Management,
All Built-in Reports
$3,500-One time fee in yr 1
4 Full User Licenses and up to 6 Read-Only
User Licences
Standard Module Enhancements
unlimited RFx/Bids
Unlimited access to Bid Specification Library
*3% Annual CPI applied for yrs 2-5
$13,000 in 1yr 1
YearlySupport to City's PlanetBids
Users, Vendors, Contractors,
Suppliers, etc
Unlimited
Vendor/Contractor/Supplier
registration
Collaborative acess to Planetbids
vendor database
Unlimited groups categorized by the
City
Unlimited electronic bid
submissions
Free
Advanced ebidding for Public Works
Project Evaluation Management
EmergencyOperations
Insurance Certificate management
Contract Management
Contract Management Compliance
Business Certification Management
Consulting Fees
Custom Application Programming
Database Design/Integration/API
Content Management
Graphic Design
Data Conversion and Loading Serv.
Additional online training (10 users)
Not included
Set-up (One-Time)
750.00
1,500.00
750.00
1,500.00
1,500.00
6,500.00
3,500.00
Optional Services
175.00 per hr.
175.00 per hr.
175.00 per hr.
125.00 per hr.
125.00 per hr.
125.00 per hr.
1,250.00 per hr.
Not included
Yearly Cost (3%increase applies)
4,500.00
3,875.00
3,500.00
5,875.00
5,875.00
9,500.00
6,500.00
Not included
Will work offsite virtually at
no travel cost. Staff training
is virtual.
16,500.00 13,390.00 13,792.00 14,205.00 14,632.00 72,519.00 GoBonfire
(Jordan BraunProject Leader)
One-Time Fee
*Inclusive in total price
Hosting and Maintenance
Associated Releases/upgrades
On-going support
*Inclusive in total price
Unlimited edit and review user
licenses
Unlimited Solicitations
Bidtables
Questionnaires
Unlimited vendors
CommunityProjects and Templates
Vendor Registration and Reporting
Insights (KPI Reporting)
* Inclusive in total price
Optional- Can work offsite
virtually at no travel cost, or
onsite for 7,500.00 onetime per year. Onsite
would be for training and
onboarding
30,000.00 30,000.00 30,000.00 31,500.00 33,075.00 154,575.00 Optional Modules and Services
(Not included)
All services are included in the total price. No optional services listed in proposal. *5%annual CPI applied for additional years typically, but they are willing to lock in a 36 month agreement at 30,000 per year.
Attachment C
PlanetBids Number of Raters:
1 The proposal/presentation outlines an approach that is tailored based on obtaining an understanding of the City ofCompton activities, operating systems, personnel and
special needs.
0-5 5 5 5 5 5 5 5 5 5 5 5 5 5.00 5.00
2 The proposal/presentation outlines the firm's processes for ensuring an efficient and effective process.
0-5 5 5 5 4 5 5 5 5 5 5 5 5 5.00 4.83
3 The proposalshowcases the firm’s commitment to
providing quality services by voluntarily adhering to
higher standards of quality.
0-5 5 5 5 5 5 5 5 5 5 5 5 5 5.00 5.00
4 The proposal/presentation outlines the firm's processes for ensuring on-going access to qualified staff.
0-5 4 5 5 3 5 5 5 5 5 5 5 5 4.83 4.67
5 Is the platform user friendly and appear to be easy to navigate 0-5 5 3 5 4 5 4 5 4 5 4 5 4 5.00 3.83
24 23 25 21 25 24 25 24 25 24 25 24 24.83 23.33
6 The proposal/presentation highlights the firms’
commitment to professional training and staff continuity. 0-5 4 5 5 4 5 5 5 5 4 4 5 5 4.67 4.67
7 The proposal/presentation outlines qualifications, industry experience, and strengths for all partners.
0-5 5 5 4 4 5 5 5 4 5 4 5 5 4.83 4.50
8 The proposal/presentation specifies the strengths of
assigned team members as well as their years of prior
experience in the area of Municipal Government
engagement.
0-5 5 4 4 4 5 4 5 4 5 4 5 5 4.83 4.17
9 The proposal/presentation identifies how the firm will comply with applicable industry regulations
0-5 5 5 5 5 5 5 4 4 4 4 5 5 4.67 4.67
10 The proposal/presentation provides the firm's
background, client base, licensing information and years in business.
0-5 5 4 4 4 5 5 5 5 5 5 5 5 4.83 4.67
24 23 22 21 25 24 24 22 23 21 25 25 23.83 22.67
11 It is evident that the firm understands our business and our challenges. The firm is committed to being our
business advisor, beyond the audit engagement
0-5 5 5 5 4 5 5 5 5 5 5 5 5 5.00 4.83
12 Does the platform offer efficient notification systems 0-5 5 5 5 5 5 4 5 5 5 5 5 5 5.00 4.83 13 Does the firm provide recommendations for more
efficiency and effectiveness
0-5 5 5 0 0 5 5 5 5 4 4 5 5 4.00 4.00
14 Does the firm offer sufficient staff training services 0-5 4 5 5 5 4 5 4 5 4 5 5 5 4.33 5.00 15 Does the firm provide the needed required compatible software 0-5 5 5 5 5 4 5 5 5 5 4 5 5 4.83 4.83
24 25 20 19 23 24 24 25 23 23 25 25 23.17 23.50
Planet
Bids Bonfire PlanetBids Bonfire PlanetBids Bonfire PlanetBids Bonfire PlanetBids Bonfire PlanetBids Bonfire PlanetBids Bonfire 16 The proposal/presentation clearly provides a
framework for the scope, timing, steps and resources to complete the engagement.
0-5 5 5 5 5 5 4 4 4 5 4 5 5 4.83 4.50
17 The proposalspecifies the price for the engagement and how it will be billed.
0-5 5 3 5 5 5 5 4 4 5 4 5 5 4.83 4.33
18 The proposal addresses all items requested by us whether verbally or in the RFP 0-5 5 5 4 4 5 4 5 5 5 4 5 5 4.83 4.50
19 The proposed fee is reasonable based on the experience, unique value and knowledge the firm brings to the
engagement.
0-5 5 3 5 4 5 4 5 3 5 5 5 5 5.00 4.00
20 Provision of 3 minimum references 0-5 5 5 5 5 5 5 5 5 5 5 5 5 5.00 5.00 25 21 24 23 25 22 23 21 25 22 25 25 24.50 22.33
Rating Sheet For: Electronic Bidding Platform
6 Planet
Bids Bonfire
96.33 91.83
Average Score
Planet
Bids Bonfire
Planet
Bids Bonfire
Planet
Bids Bonfire
96 92
Curtis
Planet
Bids Bonfire
Planet
Bids Bonfire
Planet
Bids Bonfire
98 94
Nebraska
Planet
Bids Bonfire
Planet
Bids Bonfire
Planet
Bids Bonfire
91 84
Austin
Planet
Bids Bonfire
Planet
Bids Bonfire
Bonfire
Planet
Bids Bonfire
100 97 92
Team Knowledge and Experience
Approach to Service Quality
Sharon
Total Interview
Total Scope and Pricing of the Engagement
Proposal Criteria
Scope and Pricing of the Engagement
Total Approach to Service Quality
Total Knowledge and Experience
Total Value Added Services
Planet
Bids Bonfire
Value Added Services
Planet
Bids
Louis
Bonfire Number of Raters: 6
Bonfire Planet
Bids
Bonfire Planet
Bids
Victor
Planet
Bids Bonfire
Bonfire Planet
Bids
96 90 100 99
Bonfire Planet
Bids Bonfire PlanetBids
February 20, 2024
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: PUBLIC WORKS STREET MAINTENANCE DEPARTMENT
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AUTHORIZING THE CITY MANAGER TO ENTER INTO A ONE (1) YEAR STREET SWEEPING SERVICES AGREEMENT WITH TWO (2) ONEYEAR OPTIONS TO EXTEND AND ESTABLISH A PURCHASE ORDER
WITH SWEEPING CORP OF AMERICA FOR CITYWIDE STREET
SWEEPING SERVICES ($834,364.60)
SUMMARY
The adoption of this resolution will authorize the City Manager to enter into a one (1) year Street Sweeping Services Agreement with two (2) one-year options to extend and establish a purchase order with Sweeping Corp of America for citywide street sweeping services in the amount of Eight Hundred Thirty-Four Thousand, Three Hundred SixtyFour Dollars and Sixty cents ($834,364.60).
BACKGROUND
The Public Works Street Maintenance Department (Department) operates a street sweeping program for the City of Compton and sweeps approximately 346 curb miles of curbed streets each year. These curb miles consist of, but are not limited to: residential, arterial, collector, alleys, street crossings, gutters, median curbs and City owned parking lots. Additional sweeping services include emergency call-outs, extraordinary weather and special events.
The City of Compton has historically contracted with outside experienced and professional street sweeping companies to assist in maintaining the city streets by collecting and removing trash, leaves and other debris that collect in roadways. Moreover, street sweeping is an effective method to maintaining a healthy, safe and clean environment for the community.
This essential service supports the efforts of the City to comply with the Federal Clean Water Act and to conform to the National Pollution Discharge Elimination System (NPDES) standards. Furthermore, the State of California Clean Water laws require municipalities to clean and sweep their public streets to establish a basic structure for regulating discharges of pollutants into the stormwater drain system.
7. Staff Report – Resolution Authorizing Agreement and P.O.
Sweeping Corp of America – Citywide Street Sweeping Services February 20, 2024, page 2
STATEMENT OF THE ISSUE
On November 15, 2023, the Department opened the Request for Proposal (RFP) process to solicit bids for Citywide Street Sweeping Services from qualified street sweeping firms, which closed on December 7, 2023. Public Notices announcing the RFP opportunity were published on November 15, 2023 and November 22, 2023, in the Compton Bulletin and advertised on the City website. On December 7, 2023, staff received one (1) proposal from a qualified street sweeping company as follows:
Citywide Street Sweeping Services Submitters
Sweeping Corp of America $834,364.60
Sweeping Corp of America (formerly CleanStreet, LLC) has been an industry leader in power sweeping services for 49 years and is currently providing street sweeping services to approximately 55 municipalities in Southern California, with over 2,300 fleet vehicles and more than 2,000 safety-focused employees. Sweeping Corp of America is committed to providing a high-quality street sweeping program and superior customer service.
The proposal submitted by Sweeping Corp of America is the most responsive and responsible submittal to the City’s RFP for Citywide Street Sweeping Services. The City’s contract for street sweeping services expired on June 30, 2023. The terms of the proposed agreement will begin on July 1, 2023 and end on June 30, 2024. Sweeping Corp of America has provided street sweeping services to the City of Compton since 2019.
FISCAL IMPACT
Funds are available in the Department’s Fiscal Year 2023-2024 Budget for this expenditure in the following account:
Account Description Amount
2502-720-000-4266 Contract Services $834,364.60
ALTERNATIVE
Staff does not recommend any alternatives.
RECOMMENDATION
Staff recommends that the City Council adopt the resolution approving the Citywide Street Sweeping Services Agreement with Sweeping Corp of America for a one (1) year period Staff Report – Resolution Authorizing Agreement and P.O.
Sweeping Corp of America – Citywide Street Sweeping Services February 20, 2024, page 3
with two (2) one-year options to extend, authorizing the City Manager to execute this agreement and establish a purchase order.
DAMION TIMMONS
STREET SUPERINTENDENT
APPROVED FOR FORWARDING:
WILLIE HOPKINS JR.
CITY MANAGER
RESOLUTION NO. ________________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AUTHORIZING THE CITY MANAGER TO ENTER INTO A ONE (1) YEAR STREET SWEEPING SERVICES AGREEMENT WITH TWO (2) ONE-YEAR
OPTIONS TO EXTEND AND ESTABLISH A PURCHASE ORDER WITH
SWEEPING CORP OF AMERICA FOR CITYWIDE STREET SWEEPING
SERVICES ($834,364.60)
WHEREAS, the Public Works Street Maintenance Department (Department) operates a street sweeping program for the City of Compton; and WHEREAS, the City of Compton has historically contracted with outside experienced and professional street sweeping companies to assist in maintaining the city streets; and
WHEREAS, street sweeping helps to maintain the city streets and is an effective method to maintaining a healthy, safe and clean environment for the community; and WHEREAS, street sweeping services supports the efforts of the City to comply with the Federal Clean Water Act and to conform to National Pollution Discharge Elimination System standards; and
WHEREAS, the Department opened the Request for Proposal (RFP) process to solicit bids for Citywide Street Sweeping Services from qualified street sweeping firms on November 15, 2023; and
WHEREAS, public notices announcing the RFP opportunity were published on November 15, 2023 and November 22, 2023, in the Compton Bulletin and advertised on the City website; and
WHEREAS, as a result of the RFP, one (1) street sweeping firm submitted their proposal by the stipulated deadline on December 7, 2023:
Citywide Street Sweeping Services Submitters
Sweeping Corp of America $834,364.60
WHEREAS, the respondent to the RFP demonstrates the ability to manage the street sweeping services in the City of Compton; and
WHEREAS, Sweeping Corp of America has been an industry leader in power sweeping services for 49 years and is committed to providing a high-quality street sweeping program and superior customer service; and
WHEREAS, staff recommends that the City Council accept the bid submitted by Sweeping Corp of America and authorize the City Manager to enter into a one (1) year service agreement with two (2) one-year options to extend and to establish a purchase order for citywide street sweeping services; and
WHEREAS, funds for this expenditure are available in the Department’s Fiscal Year 2023-2024 Budget in Account No. 2502-720-000-4266 (Contract Services).
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COMPTON DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. That the proposal from Sweeping Corp of America is hereby accepted.
Section 2. That the City Manager is hereby authorized to enter into a one (1) year service agreement with two (2) one-year options to extend with Sweeping Corp of America for the management of citywide street sweeping services.
Resolution No. __________
Section 3. That a purchase order is authorized to be established for Sweeping Corp of America in an amount not to exceed Eight Hundred Thirty-Four Thousand Three Hundred Sixty-Four Dollars and Sixty Cents ($834,364.60) from account number 2502- 720-000-4266 (Contract Services).
Section 4. That funds for this expenditure are available in the Department’s Fiscal Year 2023-2024 Budget in Account No. 2502-720-000-4266 (Contract Services).
Section 5. That a copy of this Resolution shall be filed in the offices of the City Clerk, City Attorney, City Manager, City Controller and Public Works Street Maintenance Department.
Section 6. That the Mayor shall sign and the City Clerk shall attest to the adoption of this Resolution.
ADOPTED this ________ day of _________________, 2024.
MAYOR OF THE CITY OF COMPTON
ATTEST:
____________________________________
CITY CLERK OF THE CITY OF COMPTON
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF COMPTON )
I, Vernell McDaniel, City Clerk of the City of Compton, hereby certify that the foregoing Resolution was adopted by the City Council of the City of Compton, signed by the Mayor and attested by the City Clerk at a regular meeting thereof held on this ________ day of ___________________, 2024.
That said Resolution was adopted by the following vote, to wit:
AYES: COUNCILMEMBERSNOES: COUNCILMEMBERSABSTAIN: COUNCILMEMBERSABSENT: COUNCILMEMBERS- ___________ ___
CITY CLERK OF THE CITY OF COMPTON
SERVICES AGREEMENT
BETWEEN
THE CITY OF COMPTON
AND
SWEEPING CORP OF AMERICA
This AGREEMENT is made by and between the CITY OF COMPTON, a municipal corporation of the State of California (hereinafter referred to as “CITY”) located at 205 South Willowbrook Avenue, Compton, California 90220, and SWEEPING CORP OF AMERICA (hereinafter referred to as “CONTRACTOR”) located at 4141 Rockside Rd., Suite 100, Seven Hills, Ohio 44131.
AGREEMENT:
That the CITY and CONTRACTOR, for the consideration, terms and conditions herein described, mutually agree as follows:
1. SCOPE OF WORK TO BE PERFORMED BY CONTRACTOR:
CONTRACTOR shall perform, in a professional manner, everything required to be performed, shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services for the provision of providing Citywide Street Sweeping Services, which shall include, but not be limited to: street sweeping services on designated arterial, collector, commercial, residential, raised median curbs and 100% of all painted median surfaces, and industrial streets: alleys; cul-de-sacs; street center lines and traffic signal island curbs; street crossing and gutters; and City-owned parking lots (including cleaning behind parking bumpers); emergency call-outs, extraordinary weather, special events and non-routine sweeping.
Contractor will be responsible for the professional quality, technical accuracy and coordination of the work. Contractor will, without additional compensation, correct or revise any errors or deficiencies in the work.
Contractor shall bear all costs associated with this work, including, but not limited to all professional, technical, clerical services, materials, tools, equipment, transportation, telephone, etc., used by Contractor in connection with this work. Contractor will be responsible for employing or engaging all persons necessary to perform the services. All of Contractor’s staff will be qualified by training and experience to perform their assigned tasks. Contractor will give its personal attention to the fulfillment of the provisions of this Contract by all of its employees and subcontractors, if any, and will keep the services under its control.
Contractor shall utilize Alternative-Fueled Vehicles. All vehicles used to provide street sweeping services must not receive power by gasoline or diesel fuel and emit hydrocarbon, carbon monoxide, or nitrogen oxide.
2. KEY PERSONNEL:
a. Contractor’s Representative. Contractor hereby designates Rick Anderson, District Sales Manager of Contractor as Contractor’s Representative, who shall be deemed Citywide Street Sweeping Services Agreement
Sweeping Corp of America
Resolution No. _____________
2 to be Contractor’s agent with express authority to bind Contractor with respect to all matters requiring Contractor’s approval or authorization. b. City’s Representative. City hereby designates the Public Works Street Maintenance Department, Street Superintendent or his/her designated representative as City’s Representative for this Agreement.
3. COMPENSATION:
The method of payment for the services rendered pursuant to this Agreement shall be based on a fee-for-services basis, billable at the unit price rates specified within the CONTRACTOR’s Proposal. It is understood and agreed between the parties that the maximum compensation payable for the services to be provided by the CONTRACTOR during Fiscal Year 2023-2024 of this Agreement and shall be limited to a not-to-exceed amount of Eight Hundred Thirty-Four Thousand Three Hundred Sixty-Four Dollars and Sixty Cents ($834,364.60).
The total sum paid the CONTRACTOR will include compensation for all work, including travel, materials, supplies, vendor services, expenses and subcontracted work. No additional compensation will be paid to the CONTRACTOR, unless there is a change in the scope of the services or the scope of the project. In the instance of a change in the scope of services or scope of the project, adjustment to the compensation may be negotiated between the CONTRACTOR and the CITY. Adjustment in the compensation will not be effective until authorized and approved by contract amendment.
Progress payments may be made in arrears based on the percentage of work and deliverables completed by the CONTRACTOR. If CONTRACTOR fails to perform the required services according to schedule or other provisions of this Agreement, the CITY shall have the right to delay payment and/or terminate this Agreement in accordance with the provisions noted herein.
CONTRACTOR shall be reimbursed within thirty (30) days, or as promptly as fiscal procedures may permit, upon receipt by the CITY of itemized and detailed invoices for services completed. Invoices shall be submitted no later than 45 calendar days after the performance of work for which the CONTRACTOR is billing. Invoices shall be delivered or mailed to the Public Works Department - Street Superintendent at the following address: City of Compton, 205 South Willowbrook Avenue, Compton, California 90220.
The CONTRACTOR is required to comply with all federal, state and local laws and ordinances applicable to the work.
In the event of termination, the CONTRACTOR shall be entitled to compensation for the undisputed reasonable value of services performed to the effective date of termination; provided, however, that the CITY may condition payment of such compensation upon the CONTRACTOR’s delivery to the CITY of any and all CITY property, documents, reports, records, materials and work product associated with the performance of this Agreement.
Citywide Street Sweeping Services Agreement
Sweeping Corp of America
Resolution No. _____________
3 4. TERM OF AGREEMENT:
The term of this Agreement shall be for Citywide Street Sweeping Services for a period of one (1) year, beginning July 1, 2023 through June 30, 2024, with two (2) one-year options to extend, unless terminated earlier as provided herein.
5. INDEPENDENT CONTRACTOR STATUS:
CONTRACTOR, its officers, employees, subcontractors, agents and volunteers (collectively hereinafter the “Contractor”), is a wholly independent Contractor and not an officer, employee, subcontractor or agent of the CITY. Neither the CITY nor any of its officers, employees, agents or volunteers shall have any control over the conduct of the CONTRACTOR, except as expressly set forth in this Agreement. CONTRACTOR expressly warrants that while engaged in carrying out and complying with any terms and conditions of this Agreement that CONTRACTOR shall not at any time or in any manner, represent that CONTRACTOR is in any manner officers, employees, agents or volunteers of the CITY. CONTRACTOR shall obtain no rights to retirement, health care or any other benefit that accrue to CITY officials, officers, or employees. CONTRACTOR expressly waives any claim to such rights. a. Professional Standards. The manner and means used by Contractor to perform the services required by the City are at the sole discretion and control of the Contractor.
Contractor’s services, and the result thereof, will be performed with and be the product of a high degree of professional skill and expertise and in conformance with all applicable federal and state laws, rules, regulations and guidelines. If, for any reason, Contractor personnel performing services under this Contract fail or are unable to perform the services required hereunder to City’s reasonable satisfaction, City shall provide Contractor with written notice setting forth the nature and extent of City’s issue and Contractor shall promptly remove the personnel from the City’s project/work and shall replace the personnel with other personnel of equivalent experience and qualifications.
b. The payment(s) made to Contractor pursuant to the Contract will be the full and complete compensation to which Contractor is entitled. City will not make federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not pay any workers’ compensation insurance, retirement contributions or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor 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 Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the Contractor’s election, City may deduct the amounts paid pursuant to this section, from any balance owing to Contractor.
6. SUCCESSORS, ASSIGNMENT AND DELEGATION:
CITY and the CONTRACTOR each binds themselves, their partners, successors, assigns and legal representatives to the other party hereto and to partners, successors, assigns and legal representatives of such other party in respect to all covenants, agreements and obligations contained in the Contract Documents. Neither party to the Agreement shall assign the Contract or sublet it in whole or part without the written consent of the other, nor shall the CONTRACTOR assign any monies due or to become due to it hereunder, without the previous Citywide Street Sweeping Services Agreement
Sweeping Corp of America
Resolution No. _____________
4 written consent of the CITY. Any attempted assignment of this Contract without the written consent of both parties is void.
7. NONDISCRIMINATORY EMPLOYMENT PRACTICES:
During the performance of this Agreement, the CONTRACTOR agrees not to discriminate against any employee or applicant for employment because of race, sex, creed, color, religion, age, sexual orientation, marital status, national origin, political affiliation, handicap or belief in accordance with requirements of City, State or Federal laws and regulations. CONTRACTOR will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, sex, creed, color, religion, age, sexual orientation, marital status, national origin, political affiliation, handicap or belief in accordance with requirements of City, State or Federal laws and regulations. Such actions shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoffs or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.
The CONTRACTOR agrees to post in conspicuous places, available to employees, applicants and subcontractors for employment, notices setting forth the provisions of this nondiscrimination clause.
In the event of the Contractor’s non-compliance with the non-discrimination clause of this Agreement, this Agreement may be immediately canceled, terminated or suspended in whole or in part.
8. INDEMNIFICATION:
CONTRACTOR shall indemnify and save harmless the CITY, its officials, officers, employees, agents and volunteers (collectively hereinafter the “City”), against any and all damages to property or injuries to or death of any person or persons, including property and employees or agents of the CITY and shall defend, indemnify and save the CITY from any and all liability and expense including defense costs and legal fees, and claims, demands, suits, actions or proceedings of any kind or nature, including Workers’ Compensation claims, of or by anyone whomsoever in any way resulting from or arising out of the negligent or intentional acts or omissions for CONTRACTOR, its officers, employees, subcontractors or agents on account of the performance or character of this work.
This indemnification and hold harmless obligation does not extend to claims arising out of the sole negligence or willful misconduct of the CITY.
9. INSURANCE:
A. CONTRACTOR, by executing this Agreement, hereby certifies:
(1) “I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Worker’s Compensation or to undertake selfinsurance in accordance with the provisions of that Code and I will comply with such provisions before commencing the performance of the work of this Contract.” (2) CONTRACTOR further agrees to require all subcontractors to carry Worker’s Compensation Insurance as required by the Labor Code of the State of California.
Citywide Street Sweeping Services Agreement
Sweeping Corp of America
Resolution No. _____________
5 B. Without limiting CONTRACTOR’s indemnification of the CITY, CONTRACTOR shall provide and maintain at its own expense during the term of this Agreement the following program(s) of insurance covering its operations hereunder. Evidence of such insurance, which shall be provided by insurer(s) satisfactory to the CITY’s Risk Manager, shall be delivered to the CITY. Such evidence shall express conditions that the CITY is to be given written notice at least thirty (30) days in advance of any termination or implementation of a reduction of limits or material change of insurance coverage as specified herein, including at least ten (10) day notice of any non-payment of premium(s). Failure on the part of the Contractor to procure or maintain insurance shall constitute a material breach upon which the CITY may immediately terminate this Agreement.
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:
1. General Liability. CONTRACTOR shall provide and maintain at its own expense during the term of this Agreement a policy of Commercial General Liability Insurance, inclusive of personal injury liability and broad form property damage coverage, in an amount not less than One Million Dollars ($1,000,000.00) per occurrence. The coverage shall be written on an occurrence basis. Claims made coverage is not acceptable.
2. Workers’ Compensation Insurance. CONTRACTOR shall provide and maintain at its own expense during the term of this Agreement a program of Workers’ Compensation Insurance and Employer’s Liability Insurance in an amount and form to meet all applicable requirements of the State Labor Code and which specifically covers all persons providing services by or on behalf of the CONTRACTOR and all risks to such persons under the Agreement.
3. Automotive Liability. A program of insurance with a limit of liability of not less than One Million Dollars ($1,000,000.00) for each accident. Such insurance shall include coverage for all “owned”, “hired” and “non-owned” vehicles, or coverage for “any auto”.
4. Insurance Endorsements. The liability insurance policy(ies) shall be endorsed with the following language:
.a 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 CONTRACTOR. .b The insurer waives all rights of subrogation against the CITY. .c Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the CITY.
.d Identity of the insured(s).
Insurance coverage specified herein constitutes the minimum requirements and said requirements shall in no way lessen or limit the liability of the CONTRACTOR under the terms of the Agreement. The CONTRACTOR is advised that the CITY does not carry Contractor’s Risk insurance, and the Contractor shall obtain its own coverage. CONTRACTOR shall procure and maintain, at its own costs and expense, any additional kinds and amounts of insurance that, Citywide Street Sweeping Services Agreement
Sweeping Corp of America
Resolution No. _____________
6 in its own judgment, may be necessary for its proper protection of the work. CONTRACTOR shall ensure any and all contracts with its Trade Contractors performing services under this Agreement meet the insurance requirements of this Agreement.
10. PERMITS AND LICENSES:
CONTRACTOR, at its own expense, during the term of this Agreement, shall obtain and maintain all appropriate business and professional permits, licenses and certificates that may be required in connection with the performance of services by the CONTRACTOR.
Upon execution of this Agreement, the CONTRACTOR shall show evidence of a business license permit in conformance with Section 9-1.2 of the Compton Municipal Code.
11. WARRANTIES:
CONTRACTOR warrants that it has not employed or retained any company or persons, other than a bona fide employee working solely for the CONTRACTOR, to solicit or secure this Agreement and that it has not paid or agreed to pay any company or person other than a bona fide employee working solely for the CONTRACTOR, any fee, commission, percentage, brokerage fee, gift or contingent fee. For breach or violation of this warranty, the CITY has the right to annul this Agreement without liability; pay only for the value of the work actually performed, or in its discretion to deduct from the contract price or consideration, or otherwise recover the full amount of such commission, percentage, brokerage or contingent fee.
12. FEDERAL AND STATE WITHHOLDING TAXES:
CONTRACTOR shall be responsible for paying when due all federal and state income withholding taxes for all earnings under this Agreement. CONTRACTOR agrees to indemnify CITY for any claims, costs, losses, fees, penalties, interest, or damages suffered by CITY resulting from CONTRACTOR’s failure to comply with this provision.
13. COMPLIANCE WITH LAW:
All services rendered hereunder shall be provided in accordance with the requirements of relevant local, State and Federal laws, including compliance with the Air Quality Management District (AQMD) standards and orders.
a. Water Pollution Control/Best Management Practices (BMPs). Contractor, without limitation, shall be responsible to provide and implement Best Management Practices (BMPs) to comply with National Pollution Discharge Elimination System (NPDES) standards and practices. The Contractor shall be responsible, to the fullest extent possible, not to permit any contaminants, including soil, to enter any drainage system. Contractor shall be responsible to maintain equipment so that oil, grease, gasoline, diesel fuel, et al., does not contaminate areas subject to run-off. The Contractor shall fully indemnify the City for any pollution damage and/or cleaning costs. BMPs shall be defined as any program, technology, process, site, criteria, operating method, measure or device that controls, prevents, removes or reduces pollution.
The City, as permittee, is subject to enforcement actions by the State Water Resources Control Board, Environmental Protection Agency and private citizens.
Citywide Street Sweeping Services Agreement
Sweeping Corp of America
Resolution No. _____________
7 The City may assess the Contractor a penalty of One Thousand Dollars ($1,000.00) for each calendar day that the Contractor has not fully implemented the BMPs specified for the contract and/or is otherwise in noncompliance with these provisions.
In addition, the City may deduct, from the payments due the Contractor, the total amount of any fines levied on the City, plus legal and staff costs, as a result of the Contractor’s lack of compliance with these provisions and/or less than complete implementation of the specified BMPs.
14. 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.
15. TERMINATION:
Notwithstanding any other provision of this Agreement, this Agreement may be terminated as follows:
A. The CONTRACTOR becomes insolvent; that is, it has ceased to pay its debts in the ordinary course of business or cannot pay its debts as they become due, whether or not it has committed an act of bankruptcy, and whether or not insolvent within the meaning of the federal Bankruptcy law, then, the CITY may, without prejudice to any other right or remedy and after giving the CONTRACTOR seven (7) days written notice, terminate this Agreement.
B. The CONTRACTOR persistently or repeatedly refuses or fails, except in cases for which extensions of time are provided, to supply enough properly skilled workers, property or material, or if he fails to make prompt payment to subcontractors or for materials or labor, or he persistently disregards laws, ordinances, rules, regulations or orders of any public authority having jurisdiction, then, the CITY may, without prejudice to any other right or remedy and after giving the CONTRACTOR seven (7) days written notice, terminate this Agreement.
C. The CONTRACTOR fails to perform or breaches any material obligation under this Agreement, then, the CITY may, without prejudice to any other right or remedy and after giving the CONTRACTOR seven (7) days written notice, terminate this Agreement.
D. The CITY may terminate this Agreement at any time by giving thirty (30) days written notice of termination to CONTRACTOR. If the CITY gives such notice of termination, CONTRACTOR shall cease immediately all work in progress, unless otherwise directed by the CITY. Upon termination CONTRACTOR shall furnish to the CITY a final invoice for work performed.
16. AMENDMENTS:
This Agreement may be modified or amended only be written document executed by both CONTRACTOR and CITY’s City Manager and approved as to form by the City Attorney.
Such document shall expressly state that it is intended by the parties to amend the terms and conditions of this Agreement.
Citywide Street Sweeping Services Agreement
Sweeping Corp of America
Resolution No. _____________
8 17. GOVERNING LAW AND SEVERABILTIY:
This Agreement shall be governed by and construed under the laws of the State of California. Should any part of this Agreement be declared by a final decision by a court or tribunal of competent jurisdiction to be unconstitutional, invalid, or beyond the authority of either party to enter into or carry out, such decision shall not affect the validity of the remainder of this Agreement, which shall continue in full force and effect, provided that the remainder of this Agreement, absent the un-excised portion, can be reasonably interpreted to give effect to the intentions of the parties.
18. CONTRACTOR’s BOOKS AND RECORDS:
CONTRACTOR shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to work, services, expenditures and disbursements charges to the CITY for the period and to the extent required by laws relating to audits of public agencies and their expenditures.
CONTRACTOR shall maintain all documents and records which demonstrate performance under this Agreement for the period and to the extent required by laws relating to audits of public agencies and their expenditures.
Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the CITY or a designated representative. Copies of such documents shall be provided to the CITY for inspection when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at CONTRACTOR’s address indicated for receipt of notices in this Agreement.
19. EXAMINATION AND AUDIT:
This Contract shall be subject to examination and audit of the State Auditor of the State of California and any duly authorized representative of the federal government, at the request of the CITY, or as part of any audit of the CITY, for a period of three (3) years, or longer if required by law, after final payment under this Agreement.
20. EXTENT OF AGREEMENT:
This Agreement constitutes the entire understanding and agreement of the parties. This Agreement integrates all of the terms and conditions mentioned herein or incidental hereto and supersedes all negotiations or previous agreements between the parties with respect to all and any part of the subject matter hereof. Nothing contained in this Agreement shall create any contractual relations between any subcontractor and the CITY.
Incorporated herein and made a part hereof are the CITY’s “Request for Proposal for Citywide Street Sweeping Services for the City of Compton” and the CONTRACTOR’s Proposal for “Citywide Street Sweeping Services” (dated December 5, 2023).
Citywide Street Sweeping Services Agreement
Sweeping Corp of America
Resolution No. _____________
9 21. NOTICES:
Any notices required or permitted under this Agreement shall be effective when delivered in person; and effective one (1) business day after delivery by facsimile transmission; and effective three (3) business days after mailing by U.S. Mail, postage prepaid and properly addressed as follows:
TO CONTRACTOR: SWEEPING CORP OF AMERICA
4141 Rockside Rd., Ste. 100
Seven Hills, OH 44131
(216) 777-2750
Attn: Jonathan Sisier, Chief Executive Officer
TO CITY: CITY OF COMPTON
205 South Willowbrook Avenue
Compton, California 90220
Attn: PW Department – Street Superintendent
(310) 605-5691 – tel.
(310) 609-1753 – fax.
NOTE: A copy of any notice provided to the PW Street Superintendent shall also be provided to: City Manager, 205 South Willowbrook Avenue, Compton, California 90220.
In the event of any change of address, the moving party is obligated to notify the other party of the change of address in writing. Each party may amend, supplement and update the notice list to add, delete or replace any listed individuals; however, the amendment must be in writing.
22. CERTIFICATIONS:
CERTIFICATIONS OF CONTRACTOR
I, Jonathan Sisier, HEREBY CERTIFY that I am the Chief Executive Officer, and duly authorized representative of the CONTRACTOR firm of SWEEPING CORP OF AMERICA, and that, except as hereby expressly stated, neither I nor the above firm that I represent have:
(a) employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above consultant) to solicit or secure this agreement; nor (b) agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out the agreement; nor (c) paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above consultant) any fee, contribution, donation, or consideration of any kind, for or in connection with, procuring or carrying out this agreement.
Citywide Street Sweeping Services Agreement
Sweeping Corp of America
Resolution No. _____________
10 DEBARMENT AND SUSPENSION CERTIFICATION
The CONTRACTOR, under penalty of perjury, certifies that, except as noted below, he/she or any other person associated therewith in the capacity of owner, partner, director, officer, manager:
is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any Federal, State or local agency;
• has not been suspended, debarred, voluntarily excluded or determined ineligible by any Federal, State or local agency within the past 3 years; • does not have a proposed debarment pending; and
• has not been indicted, convicted, or had a civil judgment rendered against he/she/it by a court of competent jurisdiction in any matter involving fraud or official misconduct in connection with obtaining, attempting to obtain, or performing a public (Federal, state or local) transaction or contract under a public transaction; violation of Federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property within the past 3 years; and
are not presently indicted or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in the preceding paragraph; and
have not had one or more public transactions (Federal, State or local) terminated for cause or default within the past 3 years.
If there are any exceptions to this certification, insert the exceptions in the following space. [Supply exceptions on separate page]
For any exception noted above, indicate below to whom it applies, initiating agency, and dates of action.
[Attach separate page]
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. ___________________________________________ ___________________ JONATHAN SISIER, Chief Executive Officer (Date)
23. MISCELLANEOUS:
CONTRACTOR and CITY acknowledge that the terms of this Agreement have been mutually negotiated and that such documents shall not be interpreted against either CITY or CONTRACTOR on the basis that either party was responsible for or in control of the drafting of such documents.
Citywide Street Sweeping Services Agreement
Sweeping Corp of America
Resolution No. _____________
11 Should either party hereto, or any representative, successor or assign of either party hereto, resort to litigation to enforce the provisions of this Agreement, the party or parties prevailing in such litigation shall be entitled, in addition to such other relief as may be granted, to recover its or their reasonable attorney’s fees and costs in such litigation from the party or parties against whom enforcement is sought.
IN WITNESS WHEREOF, CONTRACTOR has executed this Agreement, and the CITY, by its City Manager, who is authorized to do so, has executed this Agreement.
SWEEPING CORP OF AMERICA
CONTRACTOR
Dated: _______________ By____________________________________ Jonathan Sisier, Chief Executive Officer
CITY OF COMPTON
Recommended for Approval:
By __________________________________ Dated: ________________ Damion D. Timmons
Public Works Street Superintendent
Approved by:
Dated: ________________ By_____________________________________ Willie Hopkins Jr., City Manager
Approved as to form:
By ________________________________ Dated: ____________ Eric J. Perrodin, City Attorney
Citywide Street Sweeping Services Agreement
Sweeping Corp of America
Resolution No. _____________
12 ATTEST:
Dated: _____________ By___________________________________ Vernell McDaniel, City Clerk
CITY OF COMPTON
PUBLIC WORKS STREET MAINTENANCE DEPARTMENT
REQUEST FOR PROPOSAL
CITYWIDE STREET SWEEPING SERVICES
Solicitation Issue Date: Wednesday, November 15, 2023
PROPOSALS DUE BY:
THURSDAY, DECEMBER 7, 2023 AT 5:00 PM
For general and technical inquiries, please contact Damion Timmons at 310-605- 5691 or [email protected]
CITY OF COMPTON
REQUEST FOR PROPOSAL
CITYWIDE STREET SWEEPING SERVICES
INTRODUCTION
The City was incorporated in 1888 and totals approximately 10.2 square miles in size.
Compton is home to more than 95,000 residents (2020). The City has approximately 175 center line miles of surface streets. The topography is flat, ranging from 64 feet above sea level in the south to 67 feet in the north. Served by the 91, 110, 105 and 710 freeways, Compton residents have easy access to major attractions throughout the Southland. Compton is conveniently located less than twenty miles from Downtown Los Angeles, the Port of Long Beach, and Santa Ana.
SCOPE OF WORK
The proposals received from prospective vendors shall include sweeping services of all Cityowned paved streets, street medians, cul-de-sacs, street center lines and traffic signal islands, striped medians, intersections, cross-gutters, alleys, and public parking lots. Services shall include furnishing of all labor, equipment, tools, fuel, materials, insurance, supervision, waste recycling/disposal and all other item incidentals to performing municipal street sweeping services.
SUBMITTAL REQUIRMENTS AND ELEMENTS
Proposals are due on or before: Thursday, December 7, 2023 at 5:00 p.m.
Completed proposals shall be enclosed in a sealed envelope addressed to:
City of Compton
City Clerk’s Office
205 S Willowbrook Avenue
Compton, CA 90220
Attn: Damion Timmons, Public Works Street Maintenance Department RFP: Citywide Street Sweeping Services
Please submit four (4) bound originals and one (1) unbound, single sided proposal with original signatures. Failure to comply with these or any other requirements listed in this notice will invalidate your proposal.
When preparing your Request for Proposal (RFP), please address all components listed below:
Section 1: Describe your firm, including your area of specialization; number of employees; prior experience performing similar services; current workload; current financial environments, etc.
Section 2: Describe your firm’s or employees’ experience working for or with municipal governments.
Section 3: Describe how you typically communicate with City staff regarding your status.
Please provide any report format you currently use to keep City staff informed about the status.
Section 4: Provide the names and backgrounds of the individuals who will be providing the actual services to the City. Include their prior experience providing sweeping services to municipalities and/or their previous experience working with municipalities.
Section 5: Provide the total annual cost to perform the City’s street sweeping services for the activity levels described herein. This shall be the total amount payable to the Service Provider by the City. The total amount shall be divided by twelve (12) and invoiced and paid monthly. (If activity levels exceed those described, the Service Provider shall be entitled to additional compensation on a pro-rated basis, based on the unit costs provided in the proposal).
Section 6: Amount and types of equipment that the contractor currently has on hand for the completion of sweeping services.
Section 7: Provide any additional information you believe will be helpful to assist in the review of your proposal. Include any attachments, exhibits, or reports which you feel will help us to gain a better understanding of your firm’s ability to provide this service to the City of Compton.
Your proposal must respond to and conform to the Street Sweeping Specification listed in this document.
PRELIMINARY AWARD OF CONTRACT SCHEDULE
The following dates reflect the anticipated schedule for proposal solicitation, selection and award of contract:
Proposal Release Date November 15, 2023
Proposal Due Date December 7, 2023
Review Proposals December 11, 2023
Interviews (if applicable) December 11, 2023
Recommend Award to City Council December 26, 2023
Contract Review and Execution December 27, 2023
DEFINITION OF TERMS
Whenever the terms listed below appears in the RFP, they shall be defined as follows:
1. City shall mean the City of Compton, California, as it now exists or as its boundaries may from time to time change.
2. Contractor, Service Provider, Bidder, Firm, Corporation shall mean the person with whom the City has executed the Agreement and who is fully responsible for performance of the work.
MISCELLANEOUS PROVISIONS
These specifications and the draft agreement are complementary. This RFP does not commit the City to enter into an agreement or to pay any costs incurred by proposers in the preparation of a proposal.
The City reserves the right to accept or reject any or all proposals received as a result of this RFP. The City reserves the right to cancel this RFP, in part, or in its entirety.
Any changes to the RFP requirements will be made by addendum. All addendums shall be signed by bidders and attached to the proposal. Failure to attach any addendum may render the proposal non-responsive and cause it to be eliminated from consideration.
The City may require the selected bidder(s) to participate in negotiations and to submit prices, technical or other revisions to their proposals, that may result from negotiations. Bidder(s) selected for an interview may be asked to submit “best and final” cost proposals as a final step in the selection process.
All responses to the RFP become the property of the City of Compton. At such time a final award is made, all proposals submitted in response to this RFP become a matter of public record and shall be regarded as public records, with the exception of those elements in each proposal which are defined by the bidder as business or trade secrets, and marked “Trade Secret,” “Confidential,” or “Proprietary.”
SELECTION
All proposals will be reviewed by City staff. The staff will evaluate the proposals based upon price, service plan, experience, route scheduling experience, and customer service experience.
During the evaluation process, City staff may, at their discretion, request any or all service providers to provide oral presentations. Such presentations will provide service providers with an opportunity to answer any questions the selection committee may have on a Service Provider’s proposal. Not all firms will be asked to make oral presentations.
There is no expressed or implied obligation for the City to reimburse responding Service Providers for any expenses incurred in making an oral presentation to the selection committee.
Upon completion of the evaluation process, the Street Superintendent will recommend a
Service Provider for selection to the City Council.
STREET SWEEPING SERVICE SPECIFICATIONS
Services shall include furnishing all labor, equipment, tools, fuel, materials, insurance, supervision, and all other items needed to satisfactorily perform all work necessary as specified.
I. Services Required
A. Routine Sweeping Services: The Service Provider shall provide street sweeping services as follows: On designated arterial (major), collector, commercial, residential, raised median curbs, 100% of all painted median surfaces, and industrial streets as indicated in this RFP. Alleys, cul-de-sacs, street center lines and traffic signal island curbs, street cross and slotted gutter, and City owned parking lots, (including cleaning behind parking bumpers) are also included.
B. Sweeping Hours: Sweeping hours for streets will be designated by the City, Monday through Friday. All Streets with the exception of a portion of Alondra Boulevard, Compton Boulevard and Willowbrook Avenue, and areas located in the Central Business District area are scheduled for sweeping once (1) a week (52 sweeps per year). The commercial areas of Alondra Boulevard from the 710 Freeway to Center Street, Compton Boulevard located from Stanford Avenue to Harris Avenue; Long Beach Boulevard from Greenleaf Boulevard to Orchard Avenue; and Rosecrans Avenue from the 710 Freeway to West of Stanford Avenue are scheduled five (5) times per week (260 sweeps per year) and includes side streets in the Towne Center. All cross-gutters are scheduled for sweeping once (1) per week at the times corresponding streets are swept. Alleys are scheduled for sweeping twice (2) per month, (24 sweeps per year).
C. Additional Services: Additional services including emergency call-outs, or assignments requested by the City, including special event sweeping, shall be performed by the Service Provider. Payment for such services shall be based upon the hourly rate provided in the proposal.
D. Changes in Services: During the term of this Agreement or any extension thereof, the City may elect to increase or decrease the frequency or number of miles of street sweeping services. The increase or decrease shall be provided in written correspondence to the Service Provider. The unit price for change order sweeping shall be the Agreement unit price.
E. Emergency Response: The selected Service Provider shall be available and able to respond to the City in the event of an emergency, when so requested.
Payment to the Service Provider will be measured by the actual hour(s) spent sweeping.
F. Service Provider Communications / Complaint Resolution: Service Provider’s attention is directed to Section VIII of this specification document. Provisions of these sections shall by reference be included in the “Services Required” section of this specification.
G. Term of Service: The contract duration is expected to be one (1) year, with two (2) one-year options to extend the contract.
II. Disposal
The Service Provider shall transport and dispose of all street sweepings in accordance with all county, state, and federal requirements. Sweepings are NOT to be unloaded at permanent or temporary storage sites on City, state or federal property within the City’s boundaries. Service Provider shall deliver collected street sweepings to a facility to process waste. The Service Provider shall be solely responsible for all fees involved in the recycling/disposal of sweepings collected in the City. The Service Provider shall be solely responsible for all labor, materials, equipment, fees, and expenses to haul debris away.
III. Hours of Operation
Standard operating hours for sweeping under this Agreement shall be as posted and established by City Council Resolution and Service Provider or until all sweeping is completed if earlier than posted times.
IV. Holidays
The following is a list of holidays on which the services will not be performed:
Independence Day
Labor Day
Veteran’s Day
Thanksgiving Day
Christmas Day
New Year’s Day
Martin Luther King, Jr.’s Birthday
President’s Day
Cesar Chavez Day
Memorial Day
Juneteenth
Street sweeping for all holidays will be made up according to the Service Provider’s proposed holiday sweeping schedule to be approved by the City of Compton.
V. Weather Conditions
The Street Superintendent or designee reserves the right to be the sole judge if the weather is too inclement to sweep the streets. When adverse weather interrupts sweeping, the Service Provider shall adjust the work schedule so as to return to the normal weekly schedule the following week. The City reserves the right to direct schedule changes made necessary due to inclement weather. In the event of a rainy day, the Service Provider shall obtain approval from the City’s Street Superintendent or his designated Public Works representative for the day’s sweeping.
VI. Service Provider / City Communications
A. Service Provider Contact Person: Throughout the period of this Agreement, the Service Provider shall establish and maintain an office within close proximity of the City. A contact person in that office shall be designated for communications with the City.
The contact person will be responsible for inspection of streets being swept and to identify special requirements and deficiencies. At the end of each week, the supervisor shall make contact with the City’s representative for the purpose of exchanging information about the week’s sweeping, including production and deficiency reports.
If services are delayed, or cannot be provided, the contact person shall notify the City of Compton at the beginning of the day’s operations, of the starting time and location for each sweeper shift and have radio communications with all Service Provider field personnel. City phone calls to Service Provider shall be returned within fifteen (15) minutes as a mandatory requirement during the performance of the Agreement.
B. City Contact: The agreement administrator for the City is the City’s Street Superintendent. For daily operations, the point of contact will be the City’s Street Superintendent or the designated Public Works Department representative.
C. Complaints and Requests for Service: The Service Provider’s local office shall have twenty-four (24) hour telephone service and a responsible person in charge Monday through Sunday, to receive all complaints/requests for service forwarded by the employees of the City of Compton. All complaints shall be resolved within the following twenty-four (24) hour period. Service Provider will maintain a “Complaint Log” which will be made immediately available to the City upon verbal or written request and to the Street Superintendent weekly.
VII. Agreement Complaints and Deficiencies
A. Complaints Received by the City: The City will notify the Service Provider by telephone and/or in writing of each Agreement complaint reported to the City.
Deficiencies must be corrected within same working day of receipt of a verbal or written notice. If deficiencies are not resolved, Service Provider will generate inspection reports of unsatisfactory performance which shall include description of the deficiency, location, and the curb line miles (or fractions thereof), to be deducted from the day’s performance. Deductions shall be made regardless of whether the deficiency occurred while sweeping streets, street medians, cul-desacs, street center lines, municipal and public facilities, alleys, parking lots, cross gutters or slotted cross gutters.
B. Conduct: Customer care is a priority of the City of Compton. Service Provider’s employees shall conduct themselves in a highly professional manner and as to avoid embarrassment to the City of Compton. The Service Provider’s employees, officers, and subcontractors shall not identify themselves as being employees of the City of Compton. If required, the City retains the right to require a particular employee be removed from working on this Agreement.
VIII. Service Provider’s Equipment
A. Sweeping Equipment – Type, Quantity, and Condition: The Service Provider shall provide and maintain during the entire period of the Agreement a fleet of Street Sweepers, i.e. Mobil/Athey Model TE5DB and Tymco Model 600 sweepers or equivalent, as determined by the City of Compton.
B. All vehicles must comply with the Southern California Air Quality Management District (AQMD) and/or California Air Resources Board (CARB) standards.
The Service Provider shall furnish the City with a list identifying all equipment to be used in fulfilling this Agreement and notify the City of any additions or deletions.
When new vehicles are added to the fleet, they shall be models of the latest design and construction and shall not be prototype models. Any changes in the Service Provider’s sweeping equipment from the initial equipment must have prior approval from the City.
All vehicles must be maintained in good repair, appearance, and sanitary condition at all times as determined solely by the City. The City reserves the right to inspect the Service Provider’s vehicles at any time to ascertain said condition. The City’s representative shall have the right to disallow immediately upon inspection, any vehicles/sweeper deemed unsafe or unsatisfactory during performance of this Agreement.
C. Equipment Identification: All vehicles and equipment used by the Service Provider must be clearly identified with the name of the company, address of
local office and telephone number on each side of the equipment. Also, the words, “Providing services to the City of Compton” must be on all equipment. The letters shall be at least three (3) inches high and of proportionate width.
D. Equipment Safety Requirements: All equipment must be equipped in accordance with State laws including hazard lights visible from the rear that operate independently of the brake lights. To better enable Service Provider to address safety and customer service issues, all field vehicles shall be equipped with two (2) way radios in contact with Service Provider’s area office.
E. Minimum Sweeping Width Required: Equipment must be capable of sweeping a minimum eight (8) foot width as measured with all brooms in the sweeping position. Equipment unable to do this is unacceptable.
IX. Water
The Service Provider shall make all provisions to supply water to their equipment and machinery. No additional fees shall be charged to the City for water. Service Provider shall include that cost within the unit price quoted for proposal items.
X. Standard of Performance
Level of Cleanliness:
The Service Provider shall remove all trash, debris and sediment from all streets every sweeping cycle. The Service Provider shall make as many passes as necessary to accomplish this task. Service Provider is responsible for removal of spills of concrete, rock, gravel, accident debris, etc. Large items, such as cardboard, palm fronds, large rocks, etc., shall when possible, be physically picked up and placed in the sweeper by the operator or other personnel. The Service Provider shall move excessively large items from the area to be swept into the parkway area and immediately notify the City’s Public Works contact via phone and e-mail. Sediment accumulation in slotted cross gutters shall be kept to a minimum and is solely defined by the City. If after sweeping is completed sediment deposits over ¼ inch deep (thick) still remain in cross gutters, each deposit will constitute a performance deficiency by Service Provider, and be subject to the provisions cited in Section XIV of this specification.
XI. Areas to be Cleaned
A. Arterial, industrial, residential, and commercial streets, including: cul-de- sacs shall be swept on the days and within the hours indicated in the RFP.
B. All City facilities with parking facilities shall be swept at the frequency level indicated:
City Hall Three times a week
Parks Once a week
CareerLink Once a week
Dollarhide Center Once a week
Transit Center Three times a week
City Yard Once a month
The City may edit from time to time, the list of public facilities to be swept by adding to or deleting from the above list.
C. All curbs (including median curbs and curb returns), uncurbed pavement edges, painted (2-way) left turn lanes and flush concrete or paved medians shall be swept each time the associated street is swept: Sweeping shall consist of a minimum eight (8) foot wide span from each edge of the street. In no case shall there be any debris remaining on the paved surfaces of alleys after sweeping is completed.
D. All alleys shall be swept twice per month, the first and third Thursday of every month. In no case shall there be any debris remaining on the paved surfaces of alleys after sweeping is completed.
E. Sweeping hours for all streets will be as designated by the City, Monday through Friday, once per week (52 sweeps per year). All streets located within the commercial areas are scheduled for sweeping five times per week (260 sweeps per year). All cross gutters are scheduled for sweeping once per week at the times streets adjacent to the gutters are swept.
XII. Sweeping Practices
The Service Provider shall at all times use good sweeping practices as listed below and will be responsible to make adjustments to the equipment, as directed by City representative, or which enables the equipment to best sweep the street.
The Service Provider must exercise due care so as to prevent spilling, scattering, or dropping of refuse throughout sweeping activity and shall immediately clean up such spillage, dropping, or scattering. Sweeping practices include, but are not limited to:
A. Position gutter brooms at the proper angle to the gutter incline, touching the curb.
B. Set main broom in level position to assure debris pick-up. Apply appropriate broom pressure for sweeping conditions to obtain a minimum strike pattern of five (5) inches.
C. Adjust spray nozzles to keep dust caused by sweeping to a minimum.
D. Center dirt reflector and main drag shoes shall be properly maintained and adjusted, or any other device designed to direct debris or dirt into the path of the rear broom.
E. Sweeping speed shall be adjusted to street conditions with a maximum speed of six (6) miles per hour or as advised by manufacturer for optimum pick-up. Patterned concrete medians and crosswalks shall be swept at a maximum speed of three (3) miles per hour.
F. Operate sweepers as close to parked cars or other obstacles as safely allows.
G. Use common sense and good judgment at all times.
XIII. Construction Related Problems and Storm Debris
Dirt and debris carried onto streets from identifiable construction sites is not considered the responsibility of the Service Provider if located within five hundred (500) feet of the construction site. However, the Service Provider is required to report construction areas by using contact person’s inspection report to record the construction site’s location. If not reported as such to the City, the Service Provider will be required to clean all debris carried by traffic to areas beyond five hundred (500) feet from the site. Storm clean-up and sweeping must be completed as soon as possible.
XIV. Handling Deficiencies
Deficiencies must be corrected within the same working day of receipt of a verbal or written deficiency notice from City to Service Provider. Failure of the Service Provider to do so will result in a deduction of curb miles (or fraction thereof) affected by deficiency from the next payment. Cross gutters and slotted gutters shall be evaluated separately from other curbs in that each intersection crossing
shall be considered a separate deficiency resulting in a one (1) curb line mile plus onehalf (1/2) of a curb line mile deduction from the next payment regardless of the distance separating deficiencies in the cross gutter or slotted gutter from other deficiencies. Failure to correct any deficiency within the same working day of notice shall be considered failure to perform. Except as noted for cross gutters, each area unsatisfactorily cleaned, will be considered a separate deficiency unless, located within the same continuous mile section on the same street.
XV. Measurement Payments
A. Regular Service: The service will be measured for payment by the total number of curb line miles swept satisfactorily. The miles shall be calculated to the nearest hundredth of a mile. Intersections shall be measured in both directions when routes cross.
B. Additional Services: Emergency call outs will be measured by the actual hours spent sweeping plus the shortest travel time either to or from the work site. Travel time longer than twenty (20) minutes must be justified on a daily report. The hours will be calculated to the nearest one-quarter (1/4) hour (15) minutes. Special event sweeping shall be paid for by actual hours of sweeping.
XVI. Payment for Service
A. Regular Services: The Service Provider must invoice the City on a monthly basis for the amount of service actually performed. The Service Provider invoices shall state the area swept by route and the number of curb line miles swept thereon. If there are any deficiencies which were not corrected in the specific time, a separate sheet listing those streets shall be submitted. Length of each street or route not completed must be shown and deducted from original invoice amount.
B. Additional Services: The Service Provider must invoice the City on a monthly basis for all additional service. The invoice must state: The type of service (emergency, parking lots, etc.) and the person who requested the service. Upon request the Service Provider shall submit, along with the monthly payment requests, payroll records of each and every employee who worked in the field on activities associated with the execution of this Agreement.
C. Information submitted shall include name, title, rate of pay, total weekly pay, hours worked each day, and indication of total hours worked during the week by each person on each distinct activity, whether or not related to this agreement.
XVII. Fees and gratuities
The Service Provider shall not, nor shall it permit any agent, employee, or Subcontractor Provider employed by it to request, solicit, demand, or accept, either directly or indirectly, any compensation or gratuity for the sweeping of streets as defined by the Agreement, except such compensation as provided to Service Provider by the Agreement resulting from this proposal.
XVIII.Licenses, Permits, Fees, and Assessments
The Service Provider shall obtain at its sole expense such licenses, permits, and approvals as may be required by law for the performance of the services required by this Agreement. Service Provider shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest levied, assessed, or imposed against City hereunder as a result of Service Provider’s services.
XIX. Insurance
Service Provider shall provide Commercial General Liability Insurance using ISO policy form CG 00 01 11 85, or the exact equivalent, with a single limit of no less than $1,000,000 per occurrence. If CGL or other form with a general aggregate limit is used, whether the general aggregate limit shall apply separately to this service or the general aggregate limit shall be twice the required occurrence limit.
Service Provider shall provide Auto Liability coverage using ISO business Auto Coverage Form CA 00 01 06 92 including symbol 1 (any auto) or the exact equivalent with a limit of no less than $1,000,000 per accident. City shall be named as additional insured using ISO CG 2010 with an edition prior to 1997.
XX. Indemnification
Service Provider shall indemnify, defend and hold harmless the City, and any and all of its employees, officials and agents from and against any liability where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of services provided by Service Provider.
EXHIBIT A
HOLIDAY SWEEPING SCHEDULE FOR 2023-2024
SWEEPING SCHEDULE FOR HOLIDAYS OBSERVED ON A MONDAY
On Tuesday following the holiday, sweep areas as usual and the boulevards which normally would be swept on Monday.
On Wednesday following the holiday, sweep areas as usual and also sweep Monday’s area.
Independence Day *Use City Adopted Holiday Schedule
Labor Day *Use City Adopted Holiday Schedule
Veteran’s Day *Use City Adopted Holiday Schedule
Thanksgiving Day *Use City Adopted Holiday Schedule
Christmas Day *Use City Adopted Holiday Schedule
New Year’s Day *Use City Adopted Holiday Schedule
Martin Luther King, Jr.’s Birthday *Use City Adopted Holiday Schedule Presidents Day *Use City Adopted Holiday Schedule
Cesar Chavez Day *Use City Adopted Holiday Schedule
Memorial Day *Use City Adopted Holiday Schedule
Juneteenth *Use City Adopted Holiday Schedule
*Holiday schedule must be approved by the Street Superintendent.
ROUTINE SWEEPING SCHEDULE
The Service Provider will develop a routine sweeping schedule that sweeps alternate sides of residential streets on alternate days. The routine sweeping schedule will be approved by the City of Compton.
City of Compton
Street Sweeping Service
Provider Proposal Form
Item Description Approx.
Quantity
Frequency
(Times
swept/year)
Unit Cost Total
1. Sweep street as described in
$ /CLM
$ /CLM
$ /Sq. Ft.
$ /Sq. Ft.
$ /CLM
$ /Hr.
$ /Hr.
$ /Hr.
$ /Hr.
referenced City of Compton
Sweeping Specifications 350 CLM 52 $
2. Sweep City alleys 36 CLM 24 $
3. Sweep City parking lots 10,000 Sq.
Ft.
52 $
Including behind bumpers
4. Park / Parking Lots 10,000 Sq.
Ft.
24 $
5. Commercial Area on
Alondra/Compton /Long
Beach Blvd/ & Rosecrans 43 CLM 260 $
Ave
6. Emergency Call Out(s) 50 Hours N/A $
7. Extraordinary weather
sweeping 50 Hours N/A $
8. Special Event Sweeping
(Weekends/Holidays) 50 Hours N/A $
9. Non-routine sweeping
(Request for service during 50 Hours N/A $
regular sweeping hours)
TOTAL ANNUAL COST OF SERVICE $
CLM = Curb Lineal Mile
The City reserved the right to increase the level of service (miles or hours providing sweeper service) at the unit prices shown
February 20, 2024
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: GENERAL SERVICES DEPARTMENT
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AMENDING THE GENERAL SERVICES DEPARTMENT 2023-2024
FISCAL YEAR BUDGET TO APPROPRIATE $149,717.50 FROM THE
INSURANCE RECOVERY FUND AND ENTER INTO AN AGREEMENT
WITH PRIORITY HEATING AND AIR CONDITIONING, INC. AND ISSUE A PURCHASE ORDER FOR THE REPLACEMENT OF ELEVEN (11)
HVAC UNITS LOCATED AT 700 NORTH BULLIS ROAD ($149,717.50)
SUMMARY
Adoption of the attached resolution will amend the General Services 2023-2024 Fiscal Year Budget and authorize the City Manager to enter into an agreement and establish a purchase order to Priority Heating and Air Conditioning, Inc. and issue a purchase order in the amount not to exceed One Hundred Forty-Nine Thousand Seven Hundred Seventeen Dollars and Fifty Cents ($149,717.50) for the replacement of eleven (11) heating, ventilation, and air conditioning units located at the CareerLink Facility - 700 North Bullis Road, Compton, CA 90221.
BACKGROUND
The City of Compton owns certain real property located at 700 North Bullis Road, Compton, CA 90221, which is currently occupied by the City of Compton Local Housing Authority, Coalition for Humane Immigrant Rights, and The Secret Place Church. On August 7, 2023, staff received a complaint from the City of Compton Local Housing Authority, stating that the heating, ventilation, and air conditioning system was malfunctioning. The General Services maintenance staff investigated the complaint and discovered nine (9) of sixteen (16) units had been vandalized over the weekend. Staff contacted the Compton Sheriff’s Department and obtained a police report for the damage.
The administrative staff created an incident report for the Risk Management Division, and a claim for damages was subsequently filed.
On August 15, 2023, staff was notified by the Compton Sheriff’s Department that a suspect had returned to the scene and had been apprehended. The maintenance staff inspected the building and discovered two (2) additional units were damaged. The administrative staff provided a second incident report to the Risk Management Division, and they filed a second claim for damages.
8. Staff Report – Resolution
Authorizing Agreement and Purchase Order
Priority Heating & Air Conditioning, Inc. / HVAC Replacement CareerLink Facility / 700 N. Bullis Road
February 20, 2024 Page 2 of 3
The maintenance team met with vendors and received the following quotes to replace eleven (11) heating, ventilation, and air conditioning units.
CONTRACTOR AMOUNT
Priority Heating & Air Conditioning, Inc. $149,717.50
South Bay Heating & Air, Inc. $188,500.00
City Wide Heating & Cooling $174,600.00
STATEMENT OF THE ISSUE
Eleven (11) heating, ventilation, and air conditioning units located at the Compton CareerLink facility need to be replaced due to vandalism that occurred on August 7, 2023 and August 15, 2023. Staff conducted a job walk and obtained quotes from Priority Heating & Air Conditioning, Inc., South Bay Heating & Air, Inc., and City-Wide Heating & Cooling.
The staff has reviewed the quotes and has determined that Priority Heating & Air Conditioning, Inc. is the most responsive vendor for this project. If the project is approved by the Mayor and City Council, this vendor can replace the units upon an executed agreement and issued purchase order.
The staff aims to complete this project before the summer months begin. Upon successful installation of the units, staff will present to the City Council a resolution to procure the services of a custom metal security cage vendor to design and install cages with access doors to prevent unauthorized access and discourage vandalism and theft to the units.
Staff is requesting that this item be approved by an emergency measure immediately necessary for the preservation of the public, health, safety and welfare.
Compton City Charter Section 1409 states, contracts likewise may be let without advertising for bids, if such work shall be deemed by the City Council to be of urgent necessity for the preservation of life, health or property, and shall be authorized by motion passed by at least four affirmative votes and containing a declaration of the facts constitution such urgency.
ALTERNATIVE
No other alternative is offered at this time.
Staff Report – Resolution
Authorizing Agreement and Purchase Order
Priority Heating & Air Conditioning, Inc. / HVAC Replacement CareerLink Facility / 700 N. Bullis Road
February 20, 2024 Page 3 of 3
FISCAL IMPACT
Insurance recovery funds were provided by National Fire & Marine Insurance Company in the amount of $74,858.50 for claim number PR2308154510 and $74,859.00 for claim number PR2308154515 for a grand total of $149,717.50 were deposited into the insurance recovery account number 1001-000-000-3751 on December 21, 2023. Upon approval of this resolution City Council will authorize the department to amend the budget appropriation as follows:
Increase in Revenue Appropriation:
Account No. Description Amount
1001-000-000-3751 Insurance Recovery $149,717.50
1004-000-000-3920 Contributions From Other Funds $149,717.50 Increase in Expenditure Appropriation:
Account No. Description Amount
1004-600-000-4300 Capital Outlay $149,717.50
1001-000-000-4290 Contributions To Other Funds $149,717.50 Funds in the amount not to exceed One Hundred Forty-Nine Thousand Seven Hundred Seventeen Dollars and Fifty Cents ($149,717.50) for this expenditure will be available in the FY 2023-2024 Budget in Account No. 1004-600-000-4300 upon Mayor and City Council approval of the attached resolution.
RECOMMENDATION
Staff recommends that the City Council adopt the attached Resolution amending the General Services Department Fiscal Year 2023-2024 budget and authorize the City Manager to enter into an agreement and establish a purchase order to Priority Heating and Air Conditioning, Incorporation to replace eleven (11) heating, ventilation, and air conditioning units.
NEBRASKA JONES
GENERAL SERVICES DIRECTOR
APPROVED FOR FORWARDING:
WILLIE A. HOPKINS, JR.
CITY MANAGER
Attachment: Proposed Resolution
RESOLUTION NO. _____________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AMENDING THE GENERAL SERVICES DEPARTMENT 2023-2024 FISCAL YEAR BUDGET TO APPROPRIATE $149,717.50 FROM THE INSURANCE
RECOVERY FUND AND ENTER INTO AN AGREEMENT WITH PRIORITY HEATING AND AIR CONDITIONING, INC. AND ISSUE A PURCHASE ORDER FOR THE REPLACEMENT OF ELEVEN (11) HVAC UNITS LOCATED AT 700 NORTH BULLIS ROAD ($149,717.50)
WHEREAS, the City of Compton owns certain real property located at 700 North Bullis Road, Compton, CA 90221, and is responsible for maintaining the City’s administrative buildings, parks, fire stations, service yards, and leased properties; and WHEREAS, on August 7, 2023, staff received a complaint from the City of Compton Local Housing Authority, stating that the heating, ventilation, and air conditioning system was malfunctioning; upon staff investigation, it was determined that nine (9) of sixteen (16) units had been vandalized, the copper wiring and other various parts that are essential for the unit to function were missing or destroyed; and WHEREAS, on August 15, 2023, staff was notified by the Compton Sheriff’s Department that a suspect had returned to the scene and had been apprehended, upon further investigation, it was determined that two (2) additional units were vandalized; and WHEREAS, the City of Compton Risk Management Division filed two separate claims for damages, and National Fire & Marine Insurance Company provided restitution in the amount of $149,717.50, which were deposited into the City of Compton Insurance Recover Account No. 1001-000-000-3751 on December 21, 2023; and WHEREAS, the General Services Department is requesting to amend the 2023- 2024 Fiscal Year budget to appropriate and to transfer funds from the Insurance Recovery Account No. 1001-000-000-3751 to the General Services Department Other Contract Services Account No. 1004-600-000-4300; and
WHEREAS, the General Services Department solicited bids to replace eleven (11) heating, ventilation, and air conditioning units, and the following quotes were received from Priority Heating & Air Conditioning, Inc., South Bay Heating & Air, Inc., and CityWide Heating & Cooling; and
CONTRACTOR AMOUNT
Priority Heating & Air Conditioning, Inc. $149,717.50
South Bay Heating & Air, Inc. $188,500.00
City Wide Heating & Cooling $174,600.00
WHEREAS, Staff has determined that Priority Heating & Air Conditioning, Inc. is the most responsive vendor for this project as they can acquire the equipment and complete the project before the summer months begin; and WHEREAS, Staff is requesting that this item be approved by an emergency measure immediately necessary for the preservation of the public, health, safety and welfare per Compton City Charter Section 1409; and
Compton City Charter Section 1409 states, contracts likewise may be let without advertising for bids, if such work shall be deemed by the City Council to be of urgent necessity for the preservation of life, health or property, and shall be authorized by motion passed by at least four affirmative votes and containing a declaration of the facts constitution such urgency.
WHEREAS, upon approval of this resolution, expenditures for this project will be allocated in Account No. 1004-600-0000-4300 in the amount not to exceed One Hundred Forty-Nine Thousand Seven Hundred Seventeen Dollars and Fifty Cents ($149,717.50); and
Resolution No. __________
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COMPTON DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. That the City Council will authorize the department to amend the budget appropriation as follows:
Increase in Revenue Appropriation:
Account No. Description Amount
1001-000-000-3751 Insurance Recovery $149,717.50
1004-000-000-3920 Contributions From Other Funds $149,717.50 Increase in Expenditure Appropriation:
Account No. Description Amount
1004-600-000-4300 Capital Outlay $149,717.50
1001-000-000-4290 Contributions To Other Funds $149,717.50 Section 2. That the City Manager is hereby authorized to enter into an agreement with Priority Heating & Air Conditioning, Inc. for the replacement of eleven (11) heating, ventilation, and air conditioning units located at 700 North Bullis Road.
Section 3. That the City Manager is hereby authorized to establish a purchase order to Priority Heating & Air Conditioning, Inc. in the amount not to exceed One Hundred Forty-Nine Thousand Seven Hundred Seventeen Dollars and Fifty Cents ($149,717.50) from account number 1004-600-000-4300.
Section 4. That a copy of this Resolution shall be filed in the offices of the City Manager, City Attorney, City Controller, City Clerk, and the General Services Department.
Section 5. That the Mayor shall sign and the City Clerk shall attest to the adoption of this Resolution.
ADOPTED this ________ day of _________________, 2024.
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 )
Resolution No. __________
I, Vernell McDaniel, City Clerk of the City of Compton, hereby certify that the foregoing Resolution was adopted by the City Council of the City of Compton, signed by the Mayor and attested by the City Clerk at a regular meeting thereof held on this ________ day of ___________________, 2024.
That said Resolution was adopted by the following vote, to wit:
AYES: COUNCILMEMBERSNOES: COUNCILMEMBERSABSTAIN: COUNCILMEMBERSABSENT: COUNCILMEMBERS- ___________ ___
CITY CLERK OF THE CITY OF COMPTON
Priority Heating & Air Conditioning Inc.
P.O.Box 3874
Gardena, CA 90247
(424) 232-8374
[email protected]
http://www.priorityheatairinc.com
BILL TO SHIP TO
CITY OF COMPTON
205 S. WILLOWBROOK AVE
PO BOX 5118
COMPTON, CA.
ATTN: CONTROLLER
COMPTON, CA 90221
CITY OF COMPTON
BLDGS & PARKS
VARIOUS LOCATIONS
COMPTON,
COMPTON, CA 90221
INVOICE S-8271-A
DATE 12/19/2023 TERMS NET 10
DUE DATE 12/29/2023
P.O. /W.O #
Payment #2 CL# PR2308154515
ACTIVITY QTY RATE AMOUNT
BID
BID WORK-Replacement of (11) vandalized
air conditioning units at 700 Bullis Road ,Ca
1 74,859.00 74,859.00
It's been a pleasure doing business with you.
TOTAL DUE $74,859.00
Priority Heating & Air Conditioning Inc.
P.O.Box 3874
Gardena, CA 90247
(424) 232-8374
[email protected]
http://www.priorityheatairinc.com
BILL TO SHIP TO
CITY OF COMPTON
205 S. WILLOWBROOK AVE
PO BOX 5118
COMPTON, CA.
ATTN: CONTROLLER
COMPTON, CA 90221
CITY OF COMPTON
BLDGS & PARKS
VARIOUS LOCATIONS
COMPTON,
COMPTON, CA 90221
INVOICE S-8271-A
DATE 12/19/2023 TERMS NET 10
DUE DATE 12/29/2023
P.O. /W.O #
Payment #2 CL# PR2308154515
ACTIVITY QTY RATE AMOUNT
BID
BID WORK-Replacement of (11) vandalized
air conditioning units at 700 Bullis Road ,Ca
1 74,858.50 74,858.50
It's been a pleasure doing business with you.
TOTAL DUE $74,858.50
South Bay Heating & Air Conditioning, Inc.
3300 E. 59th Street, Long Beach, CA 90805 P (310) 835-3300 F (310) 835-6923 www.southbayhvac.com
Contract Proposal
To: Compton City
Address: 205 S. Willowbrook Ave.
Compton, Ca 90220
Phone #: 310-650-7420
Date: 10/11/23
Attn.: Nebraska Jones/Erika
AMOUNT QUOTED: $ 188,500
(One Hundred Eighty Eight Thousand Five Hundred)
Job Name: Bullis Street Changeouts
Job Address: 700 N Bullis Rd. Compton, CA 90221
Equipment: Carrier/ Day N Night Heat Pumps 460/3: 10 Ton (1 of), 7.5 Ton (3 of), 5 Ton (5 of), 3.5 ton (1 of)
We propose to provide all material and labor to complete the following: disconnect, remove and dispose of existing rooftop equipment. Set new curb adapters (where necessary), set on existing curbs, and set on new pad covers. Reconnect to all existing roof duct. Reconnect to existing high voltage, low voltage, and drain lines. Startup equipment and check operation for a complete contract.
Notes:
1. Contract price includes certified payroll.
2. Contract price includes T 24 compliant economizer on all equipment 5 Ton and up.
3. Contract price includes all new electrical disconnects, all new thermostats, new pad covers and all crane fees.
Exclusions: Off hour work, city fees, roof duct, electrical upgrades, drain lines below roof, roofing, painting/patching, and structural upgrades.
Warranty: One year parts and labor on new material.
Terms: Draw against work progress. This contract is good for 30 days.
I do hereby enter into this agreement this day of , 2023 South Bay Heating & Air Conditioning, Inc.
3300 E. 59th Street, Long Beach, CA 90805 P (310) 835-3300 F (310) 835-6923 www.southbayhvac.com
Accepted by: Title:
For
Submitted by: Dylan Miller
Lic#439779 C-20
INSTALLATION AGREEMENT
BETWEEN
CITY OF COMPTON
AND
PRIORITY HEATING & AIR CONDITIONING, INC.
This AGREEMENT is entered into by and between the CITY OF COMPTON, a municipal corporation of the State of California (hereinafter referred to as “CITY”) located at 205 South Willowbrook Avenue, Compton, California 90220 and PRIORITY HEATING & AIR CONDITIONING, INC. (hereinafter referred to as “CONTRACTOR”) located at P.O. BOX 3874, GARDENA, CA 90247 (each a “Party” and collectively, the “Parties”).
RECITALS
A. The City has a need for a specifically trained and experienced contractor who holds a current C20 - Heating, Ventilating and Air Conditioning license with the CA Contractors State License Board who can purchase and install eleven (11) rooftop HVAC units at 700 North Bullis Road, Compton, CA 90221 building to restore units that were vandalized and reinstate the level of energy conservation and provide appropriate temperatures within the building; and B. Contractor has the professional skills, training, certification and experience necessary to perform the services described in this Agreement; and
C. City desires to engage Contractor to provide these services by reason of its qualifications and experience in performing such services; and
D. By Resolution No. **,***, adopted on the **** day of *******, the City Council gave approval to enter into an agreement with Priority Heating & Air Conditioning, Inc. for the purchase and installation of eleven (11) HVAC units located at 700 North Bullis Road, Compton, CA 90221.
NOW, THEREFORE, the Parties, for the consideration, terms and conditions herein described, mutually agree as follows:
1. Services to be Performed by Contractor:
Contractor shall perform, in a professional manner, everything required to be performed, shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services for the purchase of all necessary equipment and installation of eleven (11) rooftop HVAC heat pump units.
More specifically, Contractor shall perform the following services:
Provide all labor and materials
Replace 11 package heatpumps
Include electrical changes
Duct plenums changes
Curb, crane and roofing cost along with labor
Equipment List: (3) 10 ton, (2) 3 ton, (1) 4 ton, (1) 5 ton, (1) 7.5 ton, 460 volt 3 ph package heat pumps. (3) 5 ton, 230 volt 3 ph package heat pumps.
Warranty: Five (5) years for the compressor, One (1) year on parts, 90 days on labor.
Contractor will be responsible for the professional quality, technical accuracy and coordination of the services. Contractor will, without additional compensation, correct or revise any errors or deficiencies in the services.
Installation Agreement – Priority Heating & Air Conditioning, Inc.
Purchase/Install New Rooftop HVAC Units (700 North Bullis Road) Resolution No. *****
2 Contractor agrees to perform all the said work and furnish all the said materials at its own cost and expense, as are necessary to complete in a good worker-like and substantial manner and to the satisfaction of the City.
Contractor shall bear all costs associated with this work, including, but not limited to, all professional, technical, clerical services, materials, tools, equipment, transportation, telephone, etc., used by Contractor in connection with this work.
2. Compensation:
The method of payment for this Contract shall be on a flat lump sum basis. The fees charged by the Contractor shall include compensation for all work and labor, including travel, materials, supplies, vendor services, expenses and subcontracted work. No additional compensation will be paid to the Contractor, unless there is a change in the scope of the work or the scope of the project. In the instance of a change in the scope of work or scope of the project, adjustment to the total compensation will be negotiated between the Contractor and the City. Adjustment in the total compensation will not be effective until authorized and approved by the City.
Contractor shall be reimbursed within thirty (30) days, or as promptly as fiscal procedures may permit, upon receipt by the City of itemized invoice(s) for all services completed. Invoice(s) shall be submitted no later than 45 calendar days after the performance of work for which the Contractor is billing.
Invoice(s) shall be delivered or mailed to the Director, General Services Department at the following address: City of Compton, 205 South Willowbrook Avenue, Compton, California 90220.
The Contractor is required to comply with all federal, state and local laws and ordinances applicable to the work.
For the work agreed to be performed pursuant to this Agreement, it is understood between the parties that the maximum compensation payable to the Contractor for all services to be performed pursuant to this Agreement is limited to One Hundred Forty-Nine Thousand Seven Hundred Seventeen Dollars and Fifty Cents ($149,717.50).
In the event of termination, the Contractor shall be entitled to compensation for the undisputed reasonable value of services performed to the effective date of termination, including any non-cancellable obligations incurred prior to termination; provided, however, that the City may condition payment of such compensation upon the Contractor’s delivery to the City of any and all City property, documents, reports, records and materials associated with the performance of this Agreement.
3. Commencement of Services:
The CONTRACTOR agrees to commence the work provided for herein after receipt of the “Notice-to-Proceed” and to continue in a diligent, professional, and worker-like manner without interruption until the work is completed, which is anticipated by the parties to be by or before January 31, 2024.
4. Indemnity:
Contractor shall indemnify and save harmless the City, its officials, officers, employees, agents and volunteers (collectively hereafter the “CITY”) against any and all damages to property or injuries to or death of any person or persons, including property and employees or agents of the City and shall defend, indemnify and save the City from any and all liability or expense, including defense costs and legal fees, and claims, demands, suits, actions or proceedings of any kind or nature, including Worker’s Compensation claims, of or by anyone whomsoever in any way resulting from or arising out of the negligent or intentional acts or omissions of the Contractor in the performance of this Contract, including Installation Agreement – Priority Heating & Air Conditioning, Inc.
Purchase/Install New Rooftop HVAC Units (700 North Bullis Road) Resolution No. *****
3 operations of subcontractors and acts or omissions of employers or agents of the Contractor or its subcontractors.
This indemnification and hold harmless obligation does not extend to claims arising out of the sole negligence or willful misconduct of the City.
5. Insurance:
5.1 Insurance Requirements. The Contractor shall not commence Work under this Contract until it has provided evidence satisfactory to the City that it has secured all insurance coverage required under this section. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until such subcontractor(s) has secured all insurance required under this Section 5.
As a condition precedent to the effectiveness of this Contract for work to be performed hereunder and without limiting the Contractor’s indemnification of the City, Contractor will maintain the types of coverage’s 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 Contractor’s indemnification obligations under this Agreement.
City, its officers, agents, volunteers and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. The coverage will contain no special limitations on the scope of its protection to the belowdesignated insured’s except for Workers Compensation insurance. Failure on the part of the Contractor to procure or maintain insurance shall constitute a material breach upon which the City may immediately terminate this Agreement. Contractor agrees to suspend and cease all operations hereunder during such period of time as the required insurance coverage is not in effect and evidence of insurance has not been furnished to the City.
5.2 Minimum Scope of Insurance. Insurance coverage specified herein constitutes the minimum requirements and said requirements shall in no way lessen or limit the liability of the Contractor under the terms of the Agreement. Contractor shall procure and maintain, at its own costs and expense, any additional kinds and amounts of insurance that, in its own judgment, may be necessary for its proper protection of the work.
All insurance required hereunder shall be primary with respect to any insurance maintained by the City and shall not call on the City’s program for contributions. Program(s) of insurance shall include:
5.2.1 Commercial General Liability. Contractor shall provide and maintain at its own expense during the term of this Agreement a policy of Commercial General Liability Insurance, inclusive of personal injury liability and broad form property damage coverage, in an amount not less than One Million Dollars ($1,000,000.00) per occurrence. The coverage shall be written on an occurrence basis.
Claims made coverage is not acceptable.
5.2.2 Workers’ Compensation Insurance and Employer's Liability. Contractor shall provide and maintain at its own expense during the term of this Agreement a policy of Workers' Compensation limits as required by the California Labor Code and Employer's Liability limits of One Million Dollars ($1,000,000) per accident for bodily injury and which specifically covers all persons providing services by or on behalf of the Contractor and all risks to such persons under the Agreement.
Workers' Compensation and Employer's Liability insurance will not be required if Contractor has no employees and provides, to City’s satisfaction, a declaration stating this.
5.2.3 Automotive Liability. Contractor shall provide and maintain at its own expense during the term of this Agreement a program of insurance with a limit of liability of not less than Five Hundred Thousand Dollars ($500,000.00) for each accident. Such insurance shall include coverage for all “owned”, “hired” and “non-owned” vehicles, or coverage for “any auto”. If Contractor does not own any Installation Agreement – Priority Heating & Air Conditioning, Inc.
Purchase/Install New Rooftop HVAC Units (700 North Bullis Road) Resolution No. *****
4 company vehicles, the requirement may be satisfied by providing (a) a Personal Automobile Liability policy for the Contractor’s own vehicle; and (b) a non-owned auto endorsement to the Commercial General Liability policy if Contractor may use vehicles of others (e.g., vehicles of employees).
5.3 Endorsements. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval.
5.3.1 The policy or policies of insurance required by Section 5.2.1 (Commercial General Liability) shall be endorsed to provide the following:
.a Additional Insured: The City, its officials, officers, employees, agents, and volunteers shall be named as “additional insured” with regard to liability and defense of suits or claims arising out of the performance of the Agreement. .b Additional Insured Endorsements shall not (1) be restricted to "ongoing operations"; (2) exclude "contractual liability"; (3) restrict coverage to "sole" liability of Contractor; or (4) contain any other exclusions contrary to the Contract.
.c Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City, except ten (10) days written notice shall be provided for non-payment of premium.
5.3.2 The policy or policies of insurance required by Section 5.2.2 (Automobile Liability) shall be endorsed to provide the following:
.a Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City, except ten (10) days written notice shall be provided for non-payment of premium.
5.3.3 The policy or policies of insurance required by Section 5.2.4 (Workers' Compensation) shall be endorsed to provide the following:
.a Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the indemnified parties. .b Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City, except ten (10) days written notice shall be provided for non-payment of premium.
5.4 Waiver of Subrogation. Required insurance coverage’s shall not prohibit Contractor from waiving the right of subrogation prior to a loss. Contractor shall waive all subrogation rights against the indemnified parties. Policies shall contain or be endorsed to contain such provisions.
5.5 Deductible. Any deductible or self-insured retention must be approved in writing by the City and shall protect the indemnified parties in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention.
5.6 Evidence of Insurance. The Contractor, concurrently with the execution of the Contract, and as a condition precedent to the effectiveness thereof, shall deliver certified copies of the required policies on forms approved by the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the Installation Agreement – Priority Heating & Air Conditioning, Inc.
Purchase/Install New Rooftop HVAC Units (700 North Bullis Road) Resolution No. *****
5 required insurance has been reinstated or has been provided through another insurance company or companies.
5.7 Acceptability of Insurers. Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and authorized to do business in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
5.8 Insurance for Subcontractors.All subcontractors shall be included as additional insured’s under the Contractor’s policies, or the Contractor shall be responsible for causing subcontractors to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City as an “additional insured” to the subcontractor’s policies.
6. Safety:
6.1 Contractor shall have overall responsibility for safety precautions and programs in the performance of the services.
6.2 Contractor shall seek to avoid injury, loss or damage to persons or property by taking reasonable steps to protect:
.a Employees and all other persons at the location where services are rendered (“Site”);
.b Materials and equipment stored on the Sites or off the Sites at locations for use in performance of the work; and
.c The assigned project Sites and all property located at the Sites, whether or not said property or structures are part of the project or involved in the work.
6.3 Contractor shall designate an individual at the Site of the assigned project in the employ of Contractor who shall act as Contractor’s designated safety representative with a duty to prevent accidents.
6.4 Losses not insured under property insurance which may arise from the performance of the work, to the extent of the negligence attributed to such acts or omissions of Contractor or anyone for whose acts Contractor may be liable, shall be promptly remedied by Contractor at Contractor’s cost and without reimbursement by City as a cost of work, or in any other manner.
6.5 If City deems any part of the work or Sites unsafe, City may require Contractor, without assuming responsibility for Contractor’s safety program, to immediately stop performance of the work or take corrective measures. Neither City’s order nor Contractor’s action in response thereto shall be the basis for adjustment in the contract price or contract time.
7. Non-Discriminatory Employment Practices:
During the performance of this Contract, the Contractor agrees not to discriminate against any employee or applicant for employment because of race, sex, creed, color, religion, age, sexual orientation, marital status, national origin, political affiliation, handicap or belief in accordance with requirements of City, State or Federal laws and regulations. The Contractor will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, sex, creed, color, religion, age, sexual orientation, marital status, national origin, political affiliation, handicap or belief. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoffs or termination; rates of pay or other forms of compensation and selection for training, including apprenticeship. The Contractor Installation Agreement – Priority Heating & Air Conditioning, Inc.
Purchase/Install New Rooftop HVAC Units (700 North Bullis Road) Resolution No. *****
6 agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth provisions of this nondiscrimination clause.
In the event of the Contractor’s noncompliance with the nondiscrimination clauses of this Contract, this Contract may be canceled, terminated or suspended in whole or in part.
8. Successors and Assigns:
City and the Contractor each binds themselves, their partners, successors, assigns and legal representatives to the other party hereto and to partners, successors, assigns and legal representatives of such other party in respect to all covenants, agreements and obligations contained in the Contract Documents. Neither party to the Agreement shall assign the Contract or sublet it in whole or part without the written consent of the other, nor shall the Contractor assign any monies due or to become due to it hereunder, without the previous written consent of the City. Any attempted assignment of this Contract without the written consent of both parties is void.
9. Warranties:
The Contractor guarantees all equipment, materials, supplies and work furnished on the job against defective construction or workmanship for a period of one (1) year following completion of the project.
If within one (1) year after the date of completion of the Agreement, any of the work is found to be defective or not in accordance with the Contract documents, the Contractor shall correct it promptly after receipt of a written notice from the City to do so, at the Contractor’s expense. This obligation shall survive termination of the Contract. The City shall give notice promptly after discovery of the condition.
10. Independent Contractor Status:
Contractor, its officers, employees, subcontractors, agents and volunteers (collectively hereinafter the “Contractor”), is a wholly independent Contractor and not an officer, employee, subcontractor or agent of the City of Compton. Neither the City nor any of its officers, employees, agents or volunteers shall have any control over the conduct of the Contractor, except as expressly set forth in this Agreement.
Contractor expressly warrants that while engaged in carrying out and complying with any terms and conditions of this Agreement that Contractor shall not at any time or in any manner, represent that Contractor is in any manner officers, employees, agents or volunteers of the City. Contractor shall obtain no rights to retirement, health care or any other benefit that accrue to City officials, officers, or employees.
Contractor expressly waives any claim to such rights.
11. Permits and Licenses:
Contractor, at its sole expense, shall obtain and maintain during the term of this Agreement, all appropriate business and professional permits, licenses and certificates that may be required in connection with the performance of services by Contractor.
Prior to or at the time of execution of this Agreement, the Contractor shall obtain a business license permit in conformance with Section 9-1.2 of the Compton Municipal Code.
12. Termination:
Notwithstanding any other provisions of this Agreement, this Agreement may be terminated as follows:
Installation Agreement – Priority Heating & Air Conditioning, Inc.
Purchase/Install New Rooftop HVAC Units (700 North Bullis Road) Resolution No. *****
7 12.1 If the Contractor becomes insolvent; that is, it has ceased to pay its debts in the ordinary course of business or cannot pay its debts as they become due, whether or not it has committed an act of bankruptcy, and whether or not insolvent within the meaning of the federal Bankruptcy law, then, the City may, without prejudice to any other right or remedy and after giving the Contractor five (5) days written notice, terminate this Agreement.
12.2 If the Contractor persistently or repeatedly refuses or fails, except in cases for which extensions of time are provided, to supply enough properly skilled workers, property or material, or if he fails to make prompt payment to subcontractors or for materials or labor, or he persistently disregards laws, ordinances, rules, regulations or orders of any public authority having jurisdiction, then, the City may, without prejudice to any other right or remedy and after giving the Contractor five (5) days written notice, terminate this Agreement.
12.3 If the Contractor fails to perform or breaches any material obligation under this Agreement, then, the City may, without prejudice to any other right or remedy and after giving the Contractor five (5) days written notice, terminate this Agreement.
12.4 Pursuant to the provisions of Section 5 above.
If the City gives notice of termination, Contractor shall cease immediately all work in progress unless otherwise directed in writing by the City. Upon termination Contractor shall furnish to the City a final invoice for work performed.
13. Ownership of Documents/Equipment:
All electronic and hardcopy data, reports, documents, records, plans, discs, diskettes or other material (“Documents”) prepared, developed or discovered by or provided to Contractor during the course of providing services pursuant to this Agreement and equipment purchased shall be the property of the City, whether or not the services are completed.
14. Force Majeure:
In the event that performance by either party is rendered impossible (permanently or temporarily) due to acts of war, acts of terrorism, fires, floods, epidemics, quarantine restrictions, or other natural occurrences, strikes, work slowdowns, lockouts (other than lockout by Contractor or any of Contractor’s subcontractors), or other similar acts to those described above or other causes beyond the reasonable control of such party, and without fault or negligence, said event shall excuse performance by such party, or in the case of temporary impossibility, shall excuse performance only for a period commensurate with the period of impossibility. Notwithstanding the foregoing, City shall have the right to terminate this Contract upon any event that renders performance impossible. In such case, City shall be responsible for payment of all expenses incurred to the point at which this Contract is terminated.
15. Waivers:
A waiver by either party to this Agreement of any breach of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character.
16. Amendments:
Installation Agreement – Priority Heating & Air Conditioning, Inc.
Purchase/Install New Rooftop HVAC Units (700 North Bullis Road) Resolution No. *****
8 This Agreement may be modified or amended only by written document executed by both Contractor and City’s City Manager and approved as to form by the City Attorney. Such document shall expressly state that it is intended by the parties to amend the terms and conditions of this Agreement.
17. Notice:
All notices, demands or requests to be given under this Agreement shall be given in writing and conclusively shall be deemed received when: (a) delivered personally, or (b) on the third business day after the deposit thereof in the United States mail, postage prepaid and addressed as hereinafter provided, or (c) one business day after sent by facsimile transmission.
To Contractor: Priority Heating & Air Condition, Inc.
P.O. Box 3874
Gardena, CA 90247
Attn: Henry Norris, President
(424) 221-3415
(424) 232-8374 – Message Line
To City: City of Compton
205 South Willowbrook Avenue
Compton, California 90220
Attn: Director, General Services Department
(310) 605-5519
(310) 764-2143 – fax.
With copy to: City of Compton
205 South Willowbrook Avenue
Compton, California 90220
Attn: City Manager
In the event of any change of address, the moving party is obligated to notify the other party of the change of address in writing. Each party may amend, supplement and update the notice list to add, delete or replace any listed individuals; however, the amendment must be in writing.
18. Contractors’ Books and Records:
Contractor shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to work, services, expenditures and disbursements charges to the City for the period and to the extent required by laws relating to audits of public agencies and their expenditures.
Contractor shall maintain all documents and records which demonstrate performance under this Agreement for the period and to the extent required by laws relating to audits of public agencies and their expenditures.
Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City or a designated representative. Copies of such documents shall be provided to the City, at its expenses, for inspection when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Contractor’s address indicated for receipt of notices in this Agreement.
19. Examination and Audit:
Installation Agreement – Priority Heating & Air Conditioning, Inc.
Purchase/Install New Rooftop HVAC Units (700 North Bullis Road) Resolution No. *****
9 This Contract shall be subject to examination and audit of the City, State Auditor of the State of California and/or any duly authorized representative of the federal government, at the request of the City, or as part of any audit of the City, for a period of three (3) years, or longer if required by law, after final payment under this Agreement.
20. Covenants Against Contingent Fees:
Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, 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.
21. Waivers:
The waiver by either Party of any breach or violation of any term, covenant, or condition of this Agreement or of any applicable law will not be deemed to be a waiver of such term, covenant, condition or law or of any subsequent breach or violation of same or of any other term, covenant, condition or law.
The acceptance by either Party of any fee or other payment which may become due under this Agreement will not be deemed to be a waiver of any preceding breach or violation by the other Party of any term, covenant, or condition of this Agreement or any applicable law.
22. 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.
23. 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.
24. Federal and State Withholding Taxes:
Contractor shall be responsible for paying when due all federal and state income withholding taxes for all earning under this Agreement. Contractor agrees to indemnify City for any claims, costs, losses, fees, penalties, interest, or damages suffered by City resulting from Contractor’s failure to comply with this provision. Contractor shall be responsible for paying all federal and state income withholding taxes for all earning under this Agreement.
25. Miscellaneous:
Installation Agreement – Priority Heating & Air Conditioning, Inc.
Purchase/Install New Rooftop HVAC Units (700 North Bullis Road) Resolution No. *****
10 Contractor and City acknowledge that the terms of this Agreement have been mutually negotiated and that such documents shall not be interpreted against either City or Contractor on the basis that either party was responsible for or in control of the drafting of such documents.
Should either party hereto, or any representative, successor or assign of either party hereto, resort to litigation to enforce the provisions of this Agreement, the party or parties prevailing in such litigation shall be entitled, in addition to such other relief as may be granted, to recover its or their reasonable attorney’s fees and costs in such litigation from the party or parties against whom enforcement is sought.
IN WITNESS WHEREOF, Contractor has executed this Agreement, and the City, by its City Manager, who is authorized to do so, has executed this Agreement.
PRIORITY HEATING & AIR CONDITIONING, INC.
CONTRACTOR
Dated: _______________ By ____________________________________ Henry Norris, President
CITY OF COMPTON
Recommended for Approval by:
By ____________________________________ Dated: _____________________ Nebraska Jones, Director
General Services Department
Approved by:
Dated: ________________ By ____________________________________ Willie A. Hopkins, Jr, City Manager
Approved as to form:
By _________________________________ Dated: ___________________ Eric J. Perrodin, City Attorney
ATTEST:
Dated: _________________ By _____________________________________ Vernell McDaniel, City Clerk
Data current as of 1/9/2024 9:57:51 AM
Home | Online Services | License Details
Contractor's License Detail for License #
769279
DISCLAIMER: A license status check provides information taken from the CSLB license database. Before relying on this information, you should be aware of the following limitations.
Business Information
PRIORITY HEATING & AIR CONDITIONING INC
P O BOX 3874
GARDENA, CA 90248
Business Phone Number:(424) 232-8374
Entity Corporation
Issue Date 09/27/1999
Expire Date 09/30/2025
License Status
This license is current and active.
All information below should be reviewed.
Classifications
C20 - WARM-AIR HEATING, VENTILATING AND AIR-CONDITIONING Bonding Information
Contractor's Bond
This license filed a Contractor's Bond with NORTH RIVER INSURANCE COMPANY (THE).
Bond Number: 04CF614103
Bond Amount: $25,000
Effective Date: 01/03/2023
Contractor's Bond History
Bond of Qualifying Individual
The qualifying individual HENRY VERNON NORRIS certified that he/she owns 10 percent or more of the voting stock/membership interest of this company; therefore, the Bond of Qualifying Individual is not required.
Effective Date: 09/27/1999
Workers' Compensation
This license has workers compensation insurance with the CLEAR SPRING PROPERTY AND
CASUALTY COMPANY
Policy Number:CWC00147502
Effective Date: 08/30/2023
Expire Date: 08/30/2024
Workers' Compensation History
CSLB complaint disclosure is restricted by law (B&P 7124.6) If this entity is subject to public complaint disclosure click on link that will appear below for more information. Click here for a definition of disclosable actions.
Only construction related civil judgments reported to CSLB are disclosed (B&P 7071.17). Arbitrations are not listed unless the contractor fails to comply with the terms. Due to workload, there may be relevant information that has not yet been entered into the board's license database.
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Accessibility Certification
February 15, 2024
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: CITY MANAGER
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF COMPTON APPROVING AND ADOPTING
THE ANNUAL APPROPRIATION (GANN) LIMIT FOR
FISCAL YEARS 2020-2021, 2021-2022, 2022-2023, AND 2023-2024
PURPOSE
This Resolution is for the City Council to authorize the adoption of the Appropriation Limit pursuant to Article XIII B of the California Constitution and establish the maximum annual Appropriation (GANN) Limit for the City of Compton for Fiscal Years 2020-2021, 2021-2022, 2022-2023, and 2023-2024.
BACKGROUND
In November of 1979, California voters approved Proposition 4 (Prop 4) commonly known as the GANN Initiative. Prop 4 created Article XIII B of the State of California Constitution which placed limits on the amount of Tax Revenue Proceeds appropriated each fiscal year. Restricted revenues noted in Article XIII B are those referred to as "Proceeds of Taxes." The City may not appropriate money over and above the GANN Appropriation Limit.
The annual growth factors used in calculating the City’s Appropriation Limit are as follows:
a) Factor 1- the calculation includes the percentage (%) change in California Non-Residential New Construction (Assessed Valuation), or the (%) change in the California Per Capita Income. The greater (%) change is used. The County of Los Angeles-Office of the Assessor provided the Assessed Valuation information to the Cities, including the City of Compton based on the analysis of Proposition 111. The (%) change in California Per Capita Income was provided by the State Department of Finance.
b) Factor 2 - the calculation includes the percentage (%) change in population in the City of Compton, or the (%) change in Los Angeles County’s population. The greater percentage was used. This population information was provided by the State Department of Finance. c) Total Adjustment Factor = Factor 1 (x) Factor 2
d) Current Year’s Appropriation Limit = Total Adjustment Factor (x) Previous Year’s Appropriation Limit
(Please see Attachments “B, C, D, E” for Factor details)
9. Staff Report – A Resolution Approving and Adopting the Annual Appropriation (GANN) Limit for Fiscal Years 2020- 2021, 2021-2022, 2022-2023, and 2023-2024.
February 15, 2024
Page | 2
Also, in accordance to the California Constitution Art XIII B §1.5, the Appropriation Limit is required for the annual financial audit. (Please see “Attachment A” for more information)
STATEMENT OF THE ISSUE
Resolution #25,070 established the City’s Appropriation (GANN) Limit for Fiscal Year 2019- 2020 as One Hundred Nine Million, Seven Hundred One Thousand , Seven Hundred Six Dollars ($109,701,706), which is used to calculate Fiscal Year’s 2020-2021 Appropriation (GANN) Limit.
The City’s Appropriations (GANN) Limit were not included in prior year budgets for Fiscal Years 2020-2021, 2021-2022, 2022-2023, and 2023-2024. In accordance to the California Constitution, it is needed for the annual financial audit. Failure to provide this information during the annual audit may subject the City to an audit finding.
Staff has prepared the City of Compton's Appropriation (GANN) Limit for Fiscal Years 2020- 2021, 2021-2022, 2022-2023, and 2023-2024 using Proposition 111 Analysis from the County of Los Angeles Assessor’s Office and attachments from the Department of Finance as information sources. (Please see “Attachments B, C, D, and E for references) The City's Appropriation (GANN) Limit for the Fiscal Year 2020-2021 has been calculated at $117,841,573. The Proceeds of Taxes amounted to $85,267,202. Therefore, the City of Compton is under its Maximum Appropriation Limit by $32,574,371. (Please see “Attachment A” for calculations)
The City's Appropriation (GANN) Limit for the Fiscal Year 2021-2022 has been calculated at $124,676,384. The Proceeds of Taxes amounted to $85,937,178. Therefore, the City of Compton is under its Maximum Appropriation Limit by $38,739,206. (Please see “Attachment A” for calculations)
The City's Appropriation (GANN) Limit for the Fiscal Year 2022-2023 has been calculated at $133,141,910. The Proceeds of Taxes amounted to $93,642,186. Therefore, the City of Compton is under its Maximum Appropriation Limit by $39,499,724. (Please see “Attachment A” for calculations)
The City's Appropriation (GANN) Limit for the Fiscal Year 2023-2024 has been calculated at $140,238,374. The Proceeds of Taxes amounted to $103,231,189. Therefore, the City of Compton is under its Maximum Appropriation Limit by $37,007,185. (Please see “Attachment A” for calculations)
As the calculations indicate, the City of Compton did not exceed its Appropriation Limit for Fiscal Years 2020-2021, 2021-2022, 2022-2023, and 2023-2024, but was actually under the appropriation limit by $32,574,371, $38,739,206, $39,499,724, and $37,007,185 respectively, for Staff Report – A Resolution Approving and Adopting the Annual Appropriation (GANN) Limit for Fiscal Years 2020- 2021, 2021-2022, 2022-2023, and 2023-2024.
February 15, 2024
Page | 3
Fiscal Years 2020-2021, 2021-2022, 2022-2023, and 2023-2024. This is compliant with Article XIII B of the California Constitution and Proposition III.
A Resolution has been prepared by staff to confirm with Article XIII B of the California Constitution and Proposition 111, whereby the City establishes its GANN Appropriation Limit for Fiscal Years 2020-2021, 2021-2022, 2022-2023, and 2023-2024.
ALTERNATIVE
The City will not be compliant with the Appropriation Limit law governed under the California Constitution if the GANN Appropriation Limit is not computed and monitored to ensure that the City is within the required limit.
FINANCIAL IMPACT
There is no financial impact.
RECOMMENDATION
Staff respectfully recommends that the City Council adopt the attached Resolution.
SHARON RAHBAN
CITY CONTROLLER
APPROVED FOR FORWARDING:
WILLIE A. HOPKINS, JR.
CITY MANAGER
RESOLUTION NO. __________________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COMPTON APPROVING AND ADOPTING THE ANNUAL
APPROPRIATION (GANN) LIMIT FOR FISCAL YEARS 2020-2021,
2021-2022, 2022-2023, AND 2023-2024
WHEREAS, in November of 1979, California voters approved Proposition 4 (Prop 4) commonly known as the GANN Initiative; and
WHEREAS, Prop 4 created Article XIII B of the State of California Constitution which placed limits on the amount of Tax Revenue Proceeds appropriated each fiscal year. Restricted revenues noted in Article XIII B are those referred to as "Proceeds of Taxes." The City may not appropriate money over and above the GANN Appropriation Limit; and WHEREAS, the annual growth factors used in calculating the City’s Appropriation Limit are as follows:
a) Factor 1- the calculation includes the percentage (%) change in California NonResidential New Construction (Assessed Valuation), or the (%) change in the California Per Capita Income. The greater (%) change is used. The County of Los Angeles-Office of the Assessor provided the Assessed Valuation information to the Cities, including the City of Compton based on the analysis of Proposition 111. The (%) change in California Per Capita Income was provided by the State Department of Finance.
b) Factor 2 - the calculation includes the percentage (%) change in population in the City of Compton, or the (%) change in Los Angeles County’s population. The greater percentage was used. This population information was provided by the State Department of Finance. c) Total Adjustment Factor = Factor 1 (x) Factor 2
d) Current Year’s Appropriation Limit = Total Adjustment Factor (x) Previous Year’s Appropriation Limit
WHEREAS, Resolution #25,070 established the City’s Appropriation (GANN) Limit for Fiscal Year 2019-2020 as One Hundred Nine Million, Seven Hundred One Thousand , Seven Hundred Six Dollars ($109,701,706), which is used to calculate Fiscal Year’s 2020-2021 Appropriation (GANN) Limit; and
WHEREAS, the City’s Appropriations (GANN) Limit were not included in prior year budgets for Fiscal Years 2020-2021, 2021-2022, 2022-2023, and 2023-2024; and WHEREAS, in accordance to the California Constitution Art XIII B §1.5, it is needed for the annual financial audit, and failure to provide this information during the annual audit may subject the City to an audit finding; and
WHEREAS, staff has prepared the City of Compton's Appropriation (GANN) Limit for Fiscal Years 2020-2021, 2021-2022, 2022-2023, and 2023-2024 using Proposition III Analysis from the County of Los Angeles Assessor’s Office and attachments from the Department of Finance as information sources; and
WHEREAS, the City's Appropriation (GANN) Limit for the Fiscal Year 2020-2021 has been calculated at $117,841,573. The Proceeds of Taxes amounted to $85,267,202. Therefore, the City of Compton is under its Maximum Appropriation Limit by $32,574,371; and WHEREAS, the City's Appropriation (GANN) Limit for the Fiscal Year 2021-2022 has been calculated at $124,676,384. The Proceeds of Taxes amounted to $85,937,178. Therefore, the City of Compton is under its Maximum Appropriation Limit by $38,739,206; and Resolution No. __________________
WHEREAS, the City's Appropriation (GANN) Limit for the Fiscal Year 2022-2023 has been calculated at $133,141,910. The Proceeds of Taxes amounted to $93,642,186. Therefore, the City of Compton is under its Maximum Appropriation Limit by $39,499,724; and WHEREAS, the City's Appropriation (GANN) Limit for the Fiscal Year 2023-2024 has been calculated at $140,238,374. The Proceeds of Taxes amounted to $103,231,189.
Therefore, the City of Compton is under its Maximum Appropriation Limit by $37,007,185; and WHEREAS, the City of Compton did not exceed its Appropriation Limit for Fiscal Years 2020-2021, 2021-2022, 2022-2023, and 2023-2024, but was actually under the appropriation limit by $32,574,371, $38,739,206, $39,499,724, and $37,007,185 respectively, for Fiscal Years 2020-2021, 2021-2022, 2022-2023, and 2023-2024. This is compliant with Article XIIIB of the California Constitution and Proposition III; and WHEREAS, a Resolution has been prepared by staff to conform with Article XIII B of the California Constitution and Proposition III, whereby the City establishes its GANN Appropriation Limit for Fiscal Years 2020-2021, 2021-2022, 2022-2023, and 2023-2024; and WHEREAS, alternatively, the City will not be compliant with the Appropriation Limit law governed under the California Constitution if the GANN Appropriation Limit is not computed and monitored to ensure that the City is within the required limit; and WHEREAS, there is no financial impact; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COMPTON DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. That the City’s Appropriation (GANN) Limit of the City of Compton shall be the following:
• Fiscal Year 2020-2021- $117,841,573
• Fiscal Year 2021-2022- $124,676,384
• Fiscal Year 2022-2023- $133,141,910
• Fiscal Year 2023-2024- $140,238,374
Section 2. That the City of Compton’s Appropriation Limit for Fiscal Years 2020- 2021, 2021-2022, 2022-2023, and 2023-2024 exceeds the Proceeds of Taxes in each Fiscal Year’s Budget and is compliant with Article XIII B of the California Constitution and Proposition III and therefore, the City is under its Appropriation Limit.
Section 3. That the growth factors used in calculating the Appropriation (GANN) Limits are as follows:
• Fiscal Year 2020-2021- Percentage Change in Compton’s Assessed Valuation Due to New Non-Residential Construction and the Percentage Change in the Los Angeles County Population.
• Fiscal Year 2021-2022- Percentage Change in Compton’s Assessed Valuation Due to New Non-Residential Construction and Percentage Change in Compton’s Population.
• Fiscal Year 2022-2023- Percentage Change in California Per Capita Income and the Percentage Change in the Los Angeles County Population. • Fiscal Year 2023-2024- Percentage Change in Compton’s Assessed Valuation Due to New Non-Residential Construction and Percentage Change in Compton’s Population.
Section 4. That a certified copy of this Resolution shall be filed in the offices of the City Manager, City Attorney, City Controller, and City Clerk.
Section 5. That the Mayor shall sign and the City Clerk shall attest to the adoption of this resolution.
Resolution No. __________________
ADOPTED this day of , 2024.
MAYOR OF THE CITY OF COMPTON
ATTEST:
___________________________________
CLERK OF THE CITY OF COMPTON
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF COMPTON )
I, Vernell McDaniel, City Clerk of the City of Compton, hereby certify that the foregoing Resolution was adopted by the City Council of the City of Compton, signed by the Mayor and attested by the City Clerk at a regular meeting thereof held on this day of , 2024.
That said Resolution was adopted by the following vote, to wit:
AYES: COUNCILMEMBERS -
NOES: COUNCILMEMBERS -
ABSTAIN: COUNCILMEMBERS -
ABSENT: COUNCILMEMBERS -
________________________________________
CITY CLERK OF THE CITY OF COMPTON
Attachment A
California Constitution Article XlllB- Government Spending Limitation CA Constitution art XIII B § 1
The total annual appropriations subject to limitation of the State and of each local government shall not exceed the appropriations limit of the entity of government for the prior year adjusted for the change in the cost of living and the change in population, except as otherwise provided in this article.
CA Constitution art XIII B § 1.5
The annual calculation of the appropriations limit under this article for each entity of local government shall be reviewed as part of an annual financial audit.
Appropriation (GANN) Limit
Appropriation Limit for Fiscal Year 2020-2021 calculation: (Please refer to “Attachment B” for information source)
a) California’s change in Assessed Value: 7.54% increase (1.0754) b) Compton's change in population of -.11% decrease (.9989) c) Total Adjustment Factor (1.0754 x .9989)- 1.0742%
d) Appropriation Limit FY2021- Previous Year’s Appropriation Limit (109,701,706) x Total Adjustment Factor (1.0742%)= 117,841,573
Amount
Maximum Appropriation Limit for Fiscal Year 2020-2021 $117,841,573 Proceeds of Taxes $85,267,202
Difference - City is under the Appropriation Limit $32,574,371 *Cite: County of Los Angeles -Office of the Assessor (Proposition 111 Analysis) State Department of Finance-http://dof.ca.gov/Forecasting/Demographics/Estimates/ Appropriation (GANN) Limit
Appropriation Limit for Fiscal Year 2021-2022 calculation: (Please refer to “Attachment C” for information source)
a) California’s change in Assessed Value: 6.52% increase (1.0652) b) Compton's change in population of -.68% decrease (.9932) c) Total Adjustment Factor (1.0652 x .9932)- 1.0580%,
d) Appropriation Limit FY2022- Previous Year’s Appropriation Limit (117,841,573) x Total Adjustment Factor (1.0580%)= 124,676,384
Amount
Maximum Appropriation Limit for Fiscal Year 2021-2022 $124,676,384 Proceeds of Taxes $85,937,178
Difference - City is under the Appropriation Limit $38,739,206 *Cite: County of Los Angeles -Office of the Assessor (Proposition 111 Analysis) State Department of Finance-http://dof.ca.gov/Forecasting/Demographics/Estimates/ Appropriation (GANN) Limit
Appropriation Limit for Fiscal Year 2022-2023 calculation: (Please refer to “Attachment D” for information source)
a) California’s change in Assessed Value: 7.55% increase (1.0755) b) Compton's change in population of -.71% decrease (.9929) c) Total Adjustment Factor (1.0755 x .9929)- 1.0679%,
d) Appropriation Limit FY2023Previous Year’s Appropriation Limit ($124,676,384) x Total Adjustment Factor (1.0679%)= 133,141,910
Amount
Maximum Appropriation Limit for Fiscal Year 2022-2023 $133,141,910 Proceeds of Taxes $93,642,186
Difference - City is under the Appropriation Limit $39,499,724 *Cite: County of Los Angeles -Office of the Assessor (Proposition 111 Analysis) State Department of Finance-http://dof.ca.gov/Forecasting/Demographics/Estimates/ Appropriation (GANN) Limit
Appropriation Limit for Fiscal Year 2023-2024 calculation: (Please refer to “Attachment D” for information source)
e) California’s change in Assessed Value: 5.98% increase (1.0598) f) Compton's change in population of -.61% decrease (.9939) g) Total Adjustment Factor (1.0598 x .9939)- 1.0533%,
h) Appropriation Limit FY2024Previous Year’s Appropriation Limit ($133,141,910) x Total Adjustment Factor (1.0533%)= 140,238,374
Amount
Maximum Appropriation Limit for Fiscal Year 2023-2024 $140,238,374 Proceeds of Taxes $103,231,189
Difference - City is under the Appropriation Limit $37,007,185 *Cite: County of Los Angeles -Office of the Assessor (Proposition 111 Analysis) State Department of Finance-http://dof.ca.gov/Forecasting/Demographics/Estimates/ Attachment B
(Sources used for Fiscal 2020-2021 Calculations)
Department of Finance
http://dof.ca.gov/Forecasting/Demographics/Estimates/
Department of Finance
http://dof.ca.gov/Forecasting/Demographics/Estimates/
Attachment C
(Sources used for Fiscal 2021-2022 Calculations)
Department of Finance
http://dof.ca.gov/Forecasting/Demographics/Estimates/
Department of Finance
http://dof.ca.gov/Forecasting/Demographics/Estimates/
Attachment D
(Sources used for Fiscal 2022-2023 Calculations)
Department of Finance
http://dof.ca.gov/Forecasting/Demographics/Estimates/
Department of Finance
http://dof.ca.gov/Forecasting/Demographics/Estimates/
Attachment E
(Sources used for Fiscal 2022-2023 Calculations)
Department of Finance
http://dof.ca.gov/Forecasting/Demographics/Estimates/
Department of Finance
http://dof.ca.gov/Forecasting/Demographics/Estimates/
Department of Finance
http://dof.ca.gov/Forecasting/Demographics/Estimates/
February 20, 2024
TO: MAYOR AND COUNCIL MEMBERS
FROM: ANTHONY WARD, DIRECTOR
COMMUNITY IMPROVEMENT SERVICES DEPARTMENT
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON
AUTHORIZING THE CITY MANAGER TO ENTER INTO AN
AGREEMENT WITH TURBODATA SYSTEMS FOR THE PROCESSING
AND MANAGEMENT OF PARKING AND ADMINISTRATIVE
CITATIONS
SUMMARY
Adoption of this resolution will authorize the City Manager to accept the bid of TurboData Systems and execute a contract for the processing and management of parking and administrative citations.
BACKGROUND
The City of Compton is a 10.2 square mile community within Los Angeles County, California with a diverse population of 96,456 residents. Four major freeways surround Compton; Interstate 710, State Route 91, Interstate 110 and Interstate 105. The City issues approximately 60,000 parking citations and 800 administrative citations annually.
The City has historically contracted with professional service providers for the parking and administrative citations dispositions, new equipment, software, software licensing fees and revenue collection services for the City. The existing contract is scheduled to expire on June 30, 2024.
STATEMENT OF ISSUE
On October 23, 2023, staff released and solicited bids for parking and administrative citation processing and management services. The bidding process was closed on November 13, 2023. The following bids proposals were received are as follows:
10. Staff Report – Resolution Authorizing Contract
Parking and Administrative Citation Services
February 20, 2024 page 2
CONTRACTOR BID AMOUNT
TurboData Systems 15%-22% of FTB, DELINQUENT
COLLECTIONS, OUT OF STATE
COLLECTIONS, VARIABLE
ADMINISTRATIVE COSTS
DataTicket 15%-23% of FTB, DELINQUENT
COLLECTIONS, OUT OF STATE
COLLECTIONS, VARIABLE
ADMINISTRATIVE COSTS
Staff has reviewed the bids, which included all the administrative services provided along with costs. The vendors also identified the various percentages of revenue they would retain as their payment for fees collected through routine payments, Franchise Tax Board, Collections, and DMV holds. Additionally, the level of administrative services provided by each vendor are very similar and the difference in costs associated with these services are minimal.
However, after a careful review of the vendors, staff has determined that continuing to contract with TurboData Systems eliminates any and all start-up costs, new licensing fees, transferring of data, new equipment, new software training for staff, and would be the most cost-effective decision for the City.
Staff recommends that the City Council approve the proposed resolution and authorize the City Manager to execute a 3-year contract with two one (1) year extensions with TurboData Systems.
FISCAL IMPACT
All costs and fees for services and equipment will be paid from the parking and administrative citation revenues on a monthly basis.
RECOMMENDATION
It is staff’s recommendation that the City Council authorize the City Manager to negotiate and enter into an agreement with TurboData Systems for the processing and management of parking and administrative citations. This strategic partnership aligns with the City's goals of improving service delivery, enhancing operational efficiency, and ensuring compliance with regulatory requirements.
Staff Report – Resolution Authorizing Contract
Parking and Administrative Citation Services
February 20, 2024 page 2
ANTHONY WARD, DIRECTOR
COMMUNITY IMPROVEMENT SERVICES DEPARTMENT
APPROVED FOR FORWARDING:
WILLIE A HOPKINS JR.
CITY MANAGER
RESOLUTION NO. ___________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON
AUTHORIZING THE CITY MANAGER TO ENTER INTO AN
AGREEMENT WITH TURBODATA SYSTEMS FOR THE PROCESSING
AND MANAGEMENT OF PARKING AND ADMNISTRATIVE CITATIONS
WHEREAS, the City issues approximately 60,000 parking citations and 800 administrative citations annually; and
WHEREAS, the City has historically contracted with professional services providers for the parking citation disposition, administrative citation disposition, new equipment, software, software licensing fees and revenue collection services for the City; and
WHEREAS, the existing contracts are set to expire on June 30, 2024; and WHEREAS, the City wishes to continue parking and administrative citation processing services utilizing a single provider; and
WHEREAS, in October 2023, staff released and solicited bids for the Processing and Management of Parking and Administrative Citation services:
Companies Bid Amount
TurboData Systems 15%-22% of FTB, DELINQUENT
COLLECTIONS, OUT OF STATE
COLLECTIONS, VARIABLE
ADMINISTRATIVE COSTS
DataTicket 15%-23% of FTB, DELINQUENT
COLLECTIONS, OUT OF STATE
COLLECTIONS, VARIABLE
ADMINISTRATIVE COSTS
WHEREAS, due to numerous variables related to fees for issuance of electronic parking citations, processing of manual citations, conversion of existing data and handheld mobile ticketing device costs and it would not be accurate to identify any specific vendor as the lowest responsible bidder. However, staff reviewed the submitted bids and selected the bid of TurboData Systems as the most cost-effective bidder; and WHEREAS, funds for the monthly costs of services and equipment will be paid from the parking and administrative citation revenues in the 2024-2025 Fiscal Year budget.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COMPTON DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. That the bid for TurboData Systems in the fiscal year starting FY 2024-2025 through FY 2027-2028 for the Processing and Management of Parking and Administrative Citations is hereby accepted and all other bids are rejected.
Section 2. That the City Manager, on the advice and approval of the City Attorney, is hereby authorized to enter into a 3-year contract with two one (1) year extensions with TurboData Systems.
Section 3. That the City Manager is authorized to pay the monthly costs for services and equipment using parking and administrative citation revenues starting FY 2024-2025 through FY 2027-2028.
2 Resolution No. ___________
Section 4. That a copy of this Resolution shall be filed in the offices of the City Clerk, City Attorney, City Manager, Community Improvement Services, and the City Controller.
Section 5. That the Mayor shall sign and the City Clerk shall attest to the adoption of this Resolution.
ADOPTED this _______ day of _____________, 2024
MAYOR OF THE CITY OF COMPTON
ATTEST:
________________________________
CLERK OF THE CITY OF COMPTON
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF COMPTON )
I, Vernell McDaniel, City Clerk of the City of Compton, hereby certify that the foregoing Resolution was adopted by the City Council of the City of Compton, signed by the Mayor and attested by the City Clerk at a regular meeting thereof held on this _____ day of ________________, 2024.
That said Resolution was adopted by the following vote, to wit:
AYES: COUNCILMEMBERS -
NOES: COUNCILMEMBERS -
ABSTAIN: COUNCILMEMBERS -
ABSENT: COUNCILMEMBERS -
___________
CITY CLERK OF THE CITY OF COMPTON
REQUEST FOR PROPOSALS FOR
PARKING AND ADMINISTRATIVE
CITATION PROCESSING
SERVICES
November 13, 2023
4:00pm
Response Provided by:
Data Ticket, Inc.
2603 Main Street, Suite 300
Irvine, California 92614
949-428-7240
[email protected]
Data Ticket, Inc.
Irvine, California
(949) 428-7240
City of Compton
Request for Proposals for Parking and
Administrative Processing Services
Page | 2
CONFIDENTIAL INFORMATION DISCLAIMER
This proposal contains certain confidential and valuable information in the form of ideas, know-how, concepts, processes, plans and trade secrets that belong to Data Ticket, Inc.
In accordance with the California Public Records Act, this confidential information shall not be disclosed outside the City and shall not be duplicated, used, or disclosed in whole or in part for any purpose except in the procurement process. Confidential information contained in this document is noted on each applicable page or image. Serious and irreparable competitive disadvantage in future procurements could result from the release of any confidential information contained in this proposal. Please notify us immediately, in writing if there is a request for disclosure of any confidential information so that Data Ticket will have an opportunity to participate in any disclosure discussions.
The following data, furnished in connection with this solicitation, shall not be disclosed except to those who are directly involved with the evaluation within the City and shall not be duplicated, used or disclosed in whole or in part for any purpose other than to evaluate the proposal provided. If a contract is awarded to this offer or in connection with the submission of this data, the City shall have the right to duplicate, use or disclose the data to the extent provided in the contract. This restriction does not limit the City’s right to use information contained in the data unless it is obtained under proper authorization from another source without restriction.
Items that shall be redacted prior to distributing as a result of a public records act request or any other such request outside of the evaluation period for this RFP:
• Screen shots
• Reference names and contact information.
• Data Ticket employee information
• Data Ticket client information
• Specific features or enhancements
Data Ticket, Inc. City of Compton
Irvine, California Request for Proposals for Parking
(949) 428-7240 and Administrative Processing Services
Page | 3
TABLE OF CONTENTS
DESCRIPTION SECTION
TABLE OF CONTENTS
COVER LETTER 1
EXPERIENCE 2
EQUIPMENT 3
COMPENSATION 4
REFERENCES 5
ACKNOWLEDGMENT TO ADDENDUM #1 6
Data Ticket, Inc.
Irvine, California
(949) 428-7240
City of Compton
Request for Proposals for Parking and
Administrative Processing Services
Page | 4
SECTION 1: COVER LETTER
Data Ticket, Inc.
Irvine, California
(949) 428-7240
City of Compton
Request for Proposals for Parking and
Administrative Processing Services
Page | 5
COVER LETTER
City of Compton
Attention: Evaluation Committee
Re: RFP –Parking and Administrative Citation
Processing Services
205 South Willowbrook Avenue
Compton, CA 90220
November 12, 2023
Dear Evaluation Committee:
Data Ticket, Inc. appreciates the opportunity to respond to the Request for Proposals for Parking and Administrative Citation Processing Services for the City of Compton. Data Ticket has been providing administrative citation processing services for over 22 years and parking citation processing for over 34 years.
Data Ticket’s parking citation processing services are offered to clients nationwide, with clients located in California, Florida, Illinois, Pennsylvania, Washington, Washington DC, among others. Data Ticket is the only local parking citation processing vendor that processing citations for clients nationwide.
Data Ticket’s administrative citation processing services are offered to clients located throughout the State of California, with over 100 clients current served.
Data Ticket has read, understands and will comply with all terms and conditions of the RFP as outlined in the RFP and as outlined in our response.
We believe we are the most qualified vendor to provide the customized, flexible, progressive hardware and software the City requires. In fact, we are the only citation processing vendor who processes parking and administrative citations for agencies that surround the City of Compton on all sides, including Huntington Park, Bell, Cudahy, South Gate, Downey, Paramount, Torrance, Lawndale, Hawthorne and others Through our response, Data Ticket will prove to the City of Compton that we will provide:
• Exceptional customer services to the City and the City’s Customers • “Living” software that is consistently enhanced to provide the most advanced features in the industry at no additional cost
• A comprehensive and cohesive experience for the public • Consistency in messaging and transparency in processing and services to provide an effective, efficient Solution
Page | 6
Brook Westcott, Chief Operating Officer for Data Ticket has full authority to negotiate with the City of Compton and to execute on behalf of Data Ticket an agreement that may result from such negotiations.
Data Ticket, Inc. is a California Corporation, a California Certified Small Business Enterprise and a California Certified Woman-Owned Business. Our legal headquarters is located at:
Data Ticket, Inc.
2603 Main Street, Suite 300
Irvine, California 92614
I can be reached directly at (949) 428-7240, via fax at (949) 281-3195 or via email at [email protected]. Additionally, I can be reached via our Client Services Department at [email protected].
.
Data Ticket has not simply proposed to provide hardware and software for the City. We have proposed a complete Solution, inclusive of hardware, software, services and people, to ensure that throughout the life of the contract, the City’s requirements are always met.
We believe Data Ticket is the most forward-thinking citation processing vendor in the industry. Our business model is simple:
• We offer our software and our services to our clients at fair prices • We offer “living” software that is consistently enhanced to provide the most advanced features in the industry
• We offer services to our clients and to their customers to create a cohesive experience for the public regardless of communication points • We believe that consistency in messaging and transparency in processing and services is the key to an efficient, effective citation processing program Thank you for your consideration,
Brook Westcott
Chief Operating Officer
Data Ticket, Inc.
Data Ticket, Inc.
Irvine, California
(949) 428-7240
City of Compton
Request for Proposals for Parking and
Administrative Processing Services
Page | 7
SECTION 2: EXPERIENCE
Data Ticket, Inc.
Irvine, California
(949) 428-7240
City of Compton
Request for Proposals for Parking and
Administrative Processing Services
Page | 8
Overview
Data Ticket, Inc. is a California Corporation that provides administrative citation processing, parking citation processing and collection services for Cities, Counties, Universities, Districts and other Public entities nationwide. Data Ticket employs 54 full time Staff. Data Ticket was incorporated in California in 1989. We provide expertise to ensure that citations get processed and collected in a timely manner for over 350 Agencies, nationwide.
Data Ticket’s sole office is in Irvine, California. Our offices are always open to our clients and we encourage in-person communication on a regular basis. Data Ticket, Inc. is a California certified Small Business Enterprise and a California certified Woman-Owned Business Enterprise.
Data Ticket, Inc. has never been, nor is currently, involved in any bankruptcy. Likewise, we are not involved in a reorganization, liquidation or dissolution proceeding. A trustee or receiver has neither been appointed overall or to a substantial portion of the property of Data Ticket, Inc. under federal bankruptcy law or any state of insolvency law.
Financial Stability & Capacity
Data Ticket is privately owned and operated; we have no loans or debt. All our hardware and software are 100% owned, maintained, supported and upgraded by the company.
We outsource nothing.
Data Ticket is fiscally conservative and financially sound. There are no known financial issues that will prevent Data Ticket, Inc. from providing, implementing, and maintaining the proposed system for the term of the contract.
All our hardware and software are 100% owned, maintained, supported and upgraded by the internal staff members.
In summary, we are fiscally conservative and financially sound, consistently planning for the future and ensuring that our research and system upgrades keep us at the forefront of the industry and provide our clients with fully tested, stable, leading-edge technology and services.
Strength and Stability Organizational Structure
Data Ticket understands that our service and technology offerings are only as good as our Staff. It is our goal with each client to ensure we have a partnership based on solid, effective communication.
We have found that our Staff is most effective when everyone has been cross-trained in at least one area outside their core responsibility. This model provides us with the greatest flexibility and the highest ability to meet our clients’ needs. Using this model, we have never missed a go live data or a conversion date.
Data Ticket, Inc.
Irvine, California
(949) 428-7240
City of Compton
Request for Proposals for Parking and
Administrative Processing Services
Page | 9
Resumes and Support Personnel
Below, we have provided the City with an Organization Chart depicting the major areas of work Data Ticket handles on behalf of our clients. All the individuals identified on the organization chart work in the Irvine, California office and each of the individuals identified in the organization chart provided below will be made available to City Personnel throughout the life of the contract.
Resumes
Heather Nowlan, Director Client Services
Heather joined Data Ticket 13 years ago and is responsible for managing our clients’ needs via email, phone, and personal visits. She is responsible for assisting in the implementation of new clients, as well as for the retention of existing clients by ensuring Data Ticket staff understands our clients’ business rules and processing needs.
Heather is a graduate of Texas Christian University and her experience includes more than 17 years of customer service in a fast paced, high energy, client-facing business.
She brings a solid foundation to Data Ticket by utilizing effective communication skills with a detail-oriented service mentality. Heather has worked on numerous CRM (customer relationship management) programs in her prior experience and has been able to apply this knowledge directly to Data Ticket. Heather’s goal is to enhance the experience that our clients receive through personalized attention.
Heather Nowlan, Director of Client Services, will be the individual responsible for working directly with the City on a day to day basis. Specifically, she will be responsible for processing any requests the City may have, including providing each of the City’s Personnel with unique usernames and passwords that will provide access to the Citation Data Ticket, Inc.
Irvine, California
(949) 428-7240
City of Compton
Request for Proposals for Parking and
Administrative Processing Services
Page | 10
Processing System at the appropriate, requested level. In addition, Heather will be responsible for providing all user training about the Citation Processing System Software. This training will be performed in person, via the Internet and over the phone.
Finally, Heather will be responsible for reviewing all noticing and correspondence to be sent on behalf of the City.
Brook Westcott, Chief Operating Officer
Brook brings more than 18 years of parking citation experience in addition to 12 years of administration citation processing experience. Brook has been a key member of the Data Ticket team for the past 18 years, actively managing each client’s citation processing to ensure each implementation is successful.
Brook’s expertise in Project Management includes planning, designing, testing and executing client conversion, IT enhancements, new IT development, data management and process re-engineering. Brook’s focus since joining Data Ticket has been to develop new processes to streamline the flow of data through the system to provide more detailed data to our clients via real-time, online reporting. Brook also focuses her time on managing the collection rates that Data Ticket obtains for its clients. Her goal is to keep Data Ticket’s collection rates above the competition, while enhancing continually enhancing operational efficiencies.
Brook is a graduate of Baylor University with a Bachelor of Business Administration in Business Management. Prior to joining Data Ticket, Brook was a Senior Manager at Accenture for 11 years. During her time there, she served as project manager for highprofile projects in Spain, France, Italy, Chicago, New York, San Francisco, Minneapolis, Memphis and Orange County. Brook is responsible for overseeing the Information Technology, Accounting, Data Entry, Adjudication, and Operations Departments at Data Ticket.
Wanda Stone, Mobile Support Manager
Wanda is a Microsoft Certified Applications Developer with a Henley Certificate in Supervisory Management 1995 from the Graduate Institute of Management and Technology, South Africa. She has been with Data Ticket for 10 years and serves as a Senior Programmer within out IT Department. Wanda is responsible for managing the IT staff that focus their time on development, as well as improving and maintaining our proprietary applications including our website and our electronic handheld units.
Wanda has been primarily responsible for releasing a wireless handheld unit to our clients in 2009. This unit allows our clients to transmit citations wirelessly to our database, so citizens can pay for and/or appeal instantaneously. Wanda is responsible for all handheld software development, integration into existing database and implementation. This includes all hardware and software research. In addition, our IT Department has released a new look and feel for our website this year to provide a more user-friendly and sleeker image. Our IT Department also excels in developing and maintaining existing software solutions using VB.net, as well as for maintaining the Microsoft SQL Server and creating and maintaining databases.
Data Ticket, Inc.
Irvine, California
(949) 428-7240
City of Compton
Request for Proposals for Parking and
Administrative Processing Services
Page | 11
Wanda Stone, Mobile Support Manager, will be responsible for providing training to all Police Department and Parking Control Officers at the City’s preferred location(s).
Wanda will also be responsible for providing regular enhancements to our Mobile Software and she will be responsible for working directly with City Personnel to ensure the handhelds are being utilized accurately to provide the most benefit to the Officers and to the City.
Staffing Plan
In addition to the individuals dedicated to the City, Data Ticket provides the highest level of services to each of our clients by providing access via phone, email and in person to all our Department Managers. We have adequately staffed each Department to accommodate each client’s needs. We do not share resources across Department; rather we have hired and maintain each Department such that there is no need to share resources; however, personnel are cross-trained to ensure our entire staff is well versed in the entire citation processing lifecycle.
City Personnel will have access to all Managers, as well as individuals within each Department. In addition, individual and group emails as well as direct phone lines will be provided to City Personnel to ensure Data Ticket is always accessible. Finally, cell numbers for specific individuals will be provided to City Personnel should the need for after-hours assistance ever be required.
Name Department Function Years of
Experience
Brook Westcott Chief
Operating
Officer
Contract management, IT oversight,
Accounting oversight, enhancement
management, City Council attendance –
Project Manager
18 Years
Heather Nowlan Client
Services
Implementation management, training
coordination, report generation
13 Years
Vel Blankenship Operations
Manager
Daily operational assistance, including
citation adjustments, DMV access, realtime DMV lookups, etc. Daily adjudication assistance, Hearing Officer
Scheduling and 1st Level Administrative
Review dispositions
21 Years
Mariane
Hernandez
Accounting Daily accounting / banking assistance 7 Years Wanda Stone Programming Daily assistance with the handheld solution chosen
10 Years
Karla Fuentes Customer
Service
Daily customer service assistance 9 Years
Data Ticket, Inc.
Irvine, California
(949) 428-7240
City of Compton
Request for Proposals for Parking and
Administrative Processing Services
Page | 12
SECTION 3: EQUIPMENT
Data Ticket, Inc.
Irvine, California
(949) 428-7240
City of Compton
Request for Proposals for Parking and
Administrative Processing Services
Page | 13
Below and on the following pages Data Ticket has responded to the City’s Equipment / Hardware / Software Requirements Spreadsheet. Where applicable, prior to each section we have provided the City with details on the Solution we have proposed.
Handheld Computer Hardware:
Data Ticket has read and understands the City’s requirements regarding handheld citation equipment. Data Ticket offers our Clients a range of handheld ticket writers to select from which exceed the City’s needs. On the following pages, we have provided descriptions of the hardware we believe will be most effective for the City.
Data Ticket recommends the use of either a Samsung Galaxy handheld ticket writer or an Apple iPhone handheld ticket writer.
If City Personnel have another unit they would like to utilize, we are happy to work with the City to determine which unit(s) the City prefers and install our Handheld Citation Issuance Application on the preferred solution. Additionally, the City will not be confined to selecting a single handheld unit. A combination of units may be utilized across issuing Officers to accommodate each Officer’s needs.
Below we have provided a response to the City’s Equipment / Hardware / Software Requirements Spreadsheet. Should the City have additional questions regarding our response, we are happy to provide additional details.
Data Ticket, Inc.
Irvine, California
(949) 428-7240
City of Compton
Request for Proposals for Parking and
Administrative Processing Services
Page | 14
Data Ticket, Inc.
Irvine, California
(949) 428-7240
City of Compton
Request for Proposals for Parking and
Administrative Processing Services
Page | 15
Printer:
Data Ticket recommends the use of a 3” or 4” Bluetooth printer. The selection of a printer is like the selection of a handheld ticket writer. City Personnel may select a single printer to use for all Officers or City Personnel may wish to use a variety of printers. Of course, we do recommend City Personnel use a single ticket width, so a single ticket order will work, regardless of the printer selected. Below we have provided 2 of the popular models used by our Clients that elect a 2-piece unit:
3” TSC Printer or 4” Zebra Printer – The TSC Alpha-3R and the Zebra ZQ520 4-inch direct thermal portable printers features a rugged design and reliable performance that will continue to operate long after other printers have failed. Both units are comfortable, light-weight printers capable of working with any mobile printing application where you need citations printed wherever you are. With its optional cases, the printers are IP54-rated to resist dust and water and each printer endures to a 6-foot fall and keeps printing. These small and light printers can be worn comfortably for a full shift, without interfering with the Officer’s tasks.
Handheld Printer Images
3” TSC Printer 4” Zebra Printer
Data Ticket, Inc.
Irvine, California
(949) 428-7240
City of Compton
Request for Proposals for Parking and
Administrative Processing Services
Page | 16
General Equipment Requirements:
Data Ticket will be responsible for providing all handheld software and hardware required to issue electronic parking citations.
Additionally, Data Ticket will be responsible for providing all citation processing software required to process parking and administrative citations. Our citation processing solution is 100% web-based. Data Ticket will not supply the physical computers required to utilize our citation processing solution; however, we will be responsible for supply all user names and Data Ticket, Inc.
Irvine, California
(949) 428-7240
City of Compton
Request for Proposals for Parking and
Administrative Processing Services
Page | 17
passwords required to access the Solution and we will be responsible for the implementation and training of our handheld solution and our citation processing solution.
General Software Requirements:
Data Ticket’s Citation Processing Solution is 100% web-based. Our Solution is also 100% time and event driven and provides a real-time audit trail of every single transaction performed. City Personnel will have access to view every transaction, including user notes, payments, refunds, notices, images, video recordings, etc. that are available. All configuration, task scheduling and internal jobs, including notice generation, penalty application will be the responsibility of Data Ticket. Data Ticket utilizes SQL Server as the back-end to our Solution. Finally, our Solution is ADA compliant and provides for users to change the language presented on the web to one of over 80 languages.
Data Ticket, Inc.
Irvine, California
(949) 428-7240
City of Compton
Request for Proposals for Parking and
Administrative Processing Services
Page | 18
User Access Control & Security:
Access to the City’s data is based on unique usernames and passwords assigned to everyone who requires access to the system. Data Ticket does not limit the number of individuals who have access to the system and the number and types of access can change at any point with a simple email request to Data Ticket.
Our Solution is setup to maintain a complete audit trail for each transaction in the system, therefore, the username is displayed next to every transaction in the system, indicating who performed the transaction and when.
Dependent on the access rights provided to each Agency Staff member, the following capabilities are available:
• View real-time citation(s) data, including pictures taken by the Issuing Officer • Accept payment via VISA, MasterCard, Discover and American Express credit/debit cards • Accept payment via Cash, Check or Money Order
• Process NSFs, Chargebacks and Refunds
• Reduce or increase violation amounts, dismiss citations, void citations and place citations on hold • Change citation data, including violations, date, time, plate, location, comments, make, model, color, registration expiration date and others
• Perform Administrative Reviews online by entering the disposition directly online • Generate a time expired or letter of non-responsibility for a citation in the adjudication process • View the complete reason for the Review Request and supporting documentation provided by the Appellant directly online • Edit Appellant information
Data Ticket, Inc.
Irvine, California
(949) 428-7240
City of Compton
Request for Proposals for Parking and
Administrative Processing Services
Page | 19
• Upload disposition documents sent to the Agency via US Mail • Add a note to a citation and see all comments added to the citation • View the reason for the 2nd Level Administrative Hearing Request online and view the supporting documentation provided by the Appellant, directly online
• Print a receipt with or without registered owner information Data Ticket is the only vendor that is SOC 2 Type 2 compliant. Annually we are audited by a third-party vendor to ensure this level of compliance is maintained. Data Ticket owns operates and updates all our hardware and software on-site in Irvine, California. We do not outsource any part of our infrastructure.
Data Ticket maintains all databases and physical system security in a manner that provides complete confidentiality and protection from unwanted access.
Data Ticket performs automated backups daily and removes all backups to an offsite location. Our complete disaster recovery plan will be provided upon request.
In addition, our website provides a complete audit trail of the registered owner and any changes made due to a release of liability, a change due to a renter or lessee, or any other change. Finally, City Personnel will have the ability to view a complete audit trail for every citation in the system.
Data Ticket’s website is redundantly hosted on separate physically secured hardware with the following security precautions:
All server infrastructure is secured behind firewalls with intrusion detection and prevention enabled. Specifically, SonicWall firewalls are utilized for web, Barracuda firewalls are used internally, and Cisco firewalls are used for our real-time connection to California DMV.
All passwords are one way hashed to ensure maximum user account security.
All website access is securely encrypted using TLS 1.2 and PCI Compliance standards.
Nightly backups are made to ensure complete data integrity of the information maintained.
Our system is comprised of redundant web, database, and file servers all optimized to ensure maximum redundancy and security
Data Ticket, Inc.
Irvine, California
(949) 428-7240
City of Compton
Request for Proposals for Parking and
Administrative Processing Services
Page | 20
Parking Citation Manager Capabilities:
Data Ticket will provide a fully hosted web-based citation management system to the City which includes a SQL database back-end hosted and maintained by Data Ticket such that no maintenance is required of City Personnel. Unique usernames and passwords will be provided to Personnel to access the specific capabilities each should have access to.
The Citation Management Solution will provide:
• All citation level information that was entered on the citation, • All photographs taken at the time of the citation issuance and transmitted to Data Ticket • Current status of the citation provided in bolded text • Notice history, including date sent, date due, address sent to, responsible party, location of the violation, and amount due Data Ticket, Inc.
Irvine, California
(949) 428-7240
City of Compton
Request for Proposals for Parking and
Administrative Processing Services
Page | 21
• Adjudication history, including date the citation was placed on a hearing hold, date hearing was scheduled for, date hearing schedule letter was sent, judgment, date judgment was entered, date judgment letter was sent, disposition information, hearing officer name, complete appeal description, images attached as part of the adjudication process and a complete description of the reason for appeal if the appellant appealed online • Links to each notice and adjudication letter sent
• Payment information, including payment type, payment received date, check date, check number, deposit date, payment location, amount paid, and returned check date or credit card charge-back date • Penalty history including penalty date, penalty amount • Responsible party information, including any changes to the responsible party • All phone notes as entered by our customer service representatives and any other personnel who have a username and password
• The dollar value owed at the Responsible Party level as well as the Case level • A complete audit trail of the citation, including a username and date for every transaction • Citation simulation for reproduction and printing at the City • Scanned images related to Adjudication, payment backup and other matters In the Citation Detail screen shot provided, real-time information is displayed to the user, including all the items mentioned above. In addition to those items, you will see many data fields are underlined. These fields are hyperlinked so that by clicking on them the user will be taken to a pop-up that details more information about the specific data. The following fields are hyperlinked:
• This person: $0.00: When clicked, this field displays a pop-up box that lists all citations issued to this person, the date of the citation, and the amount owed on the citation.
• This case: $0.00: When clicked, this field displays a pop-up box that lists all citations issued as part of a specific case. • Responsible Party History: When clicked, this field displays a pop-up box that lists prior registered owners, responsible parties, and renters associated with the citation.
• Payment Plan: When clicked, this feature provides the ability for the user to enter a payment plan for the citation • Notices: When clicked for each Notice sent, this field displays a new browser window that displays the front and back of the actual notice sent to the registered owner. A copy of each notice sent is associated with each citation, so City Personnel never need to request a copy of a letter sent on its behalf Data Ticket, Inc.
Irvine, California
(949) 428-7240
City of Compton
Request for Proposals for Parking and
Administrative Processing Services
Page | 22
• Adjudication Letters: When clicked for each Adjudication Letter sent, this field displays a new browser window that displays the front and back of each letter send during the adjudication process Sample Citation Detail Screen
IMAGE CONFIDENTIAL AND PROPRIETARY TO DATA TICKET, INC.
Data Ticket, Inc.
Irvine, California
(949) 428-7240
City of Compton
Request for Proposals for Parking and
Administrative Processing Services
Page | 23
IMAGE CONFIDENTIAL AND PROPRIETARY TO DATA TICKET, INC.
Data Ticket, Inc.
Irvine, California
(949) 428-7240
City of Compton
Request for Proposals for Parking and
Administrative Processing Services
Page | 24
Citation recipients will have the ability to manage their citation(s) online, 24/7, via our website at www.CitationProcessingCenter.com or via a custom interface that is branded to resemble the City’s website.
Once there, they will be able to:
• View their citations
• Pay for their citations
• Obtain citation specific information
• Obtain general information about their citations and the adjudication process In addition, should the City choose to offer this capability, citation recipients will also be able to appeal their citation online and attach up to three supporting documents to be reviewed during the adjudication process.
Data Ticket provides real-time authorization and processing of credit/debit cards online via the web, via our Interactive Voice Response System, via our Customer Service Representatives and via our mail-in process. Data Ticket accepts VISA, MasterCard, American Express, and Discover. Credit and debit card payments are immediately updated to the citation records and receipts can be printed verifying payment for the payer.
Registered Owner Correspondence
Data Ticket will be responsible for mailing all 1st Courtesy Notices for citations unpaid after the City’s specified timeframe.
These notices will be mailed via 1st Class Mail daily as soon as a citation is eligible to have a notice sent. In addition, a 2nd 1 st
Courtesy Notice will be mailed to a Renter or Lessee when a rental car agency or a leasing agency provides the corrected information. Our Solution sends all notices daily, dependent upon the event and/or the timeframe defined by the City. Each citation is treated independently so as each citation has fulfilled the requirements set forth by the City, the appropriate notices are sent.
Data Ticket, Inc.
Irvine, California
(949) 428-7240
City of Compton
Request for Proposals for Parking and
Administrative Processing Services
Page | 25
All notices contain the following data:
o Citation number o Citation date
o License plate o License plate state
o Vehicle make o Notice date
o Violation(s) code and description o Location of the violation o Dollar amount owed at each of the
escalation dates
o Amount due
In addition, all notices define how to:
o Pay for the citation
o Appeal the citation (if applicable)
o Inquire about the citation
o Obtain signoff (if applicable)
o Provide proof of non-liability.
Each notice, except for the FTB notice, allows for customized text to be defined by the City and each notice provides a tollfree, bi-lingual telephone number that is answered by both a bi-lingual IVR (integrated voice response) system and bi-lingual customer service agents that are all in-house.
All notices are printed on a full sheet of paper on the front and back and are sent in a #10 windowed envelope which includes a #9 windowed envelope for the return of payment, appeal or additional correspondence. In addition to the allowance of the submission of check or money order, recipients may also submit a credit/debit card number for processing if the City allows.
Data Ticket, Inc.
Irvine, California
(949) 428-7240
City of Compton
Request for Proposals for Parking and
Administrative Processing Services
Page | 26
Data Ticket, Inc.
Irvine, California
(949) 428-7240
City of Compton
Request for Proposals for Parking and
Administrative Processing Services
Page | 27
Data Ticket, Inc.
Irvine, California
(949) 428-7240
City of Compton
Request for Proposals for Parking and
Administrative Processing Services
Page | 28
Citation Appeals and Hearings Capabilities:
Data Ticket is the only citation processing agency that has a 100% dedicated Appeals Department that focuses all its time on 1 st level Administrative Reviews and 2nd level Administrative Hearings. Each member of this Department has gone through the California Public Parking Association’s administrative review and hearing officer training and each member attends an annual review course provided by the CPPA.
Our Solution offers for a 100% paperless adjudication process that allows the City, Appellants and Data Ticket to manage the adjudication process from start to finish. Those citations that are appealed via US Mail are placed on hold by our Appeals Department and all documentation received is scanned and attached to the citation. This means City Personnel will simply login to our Solution to view all citations on a 1st Level Review Hold and view all supporting documentation, After a disposition has been entered, our Solution will automatically generate a disposition letter and, based on the date and time the disposition is entered, it will either be mailed via first class mail the same day or the following day.
Our Solution provides our Clients with the ability to view and reprint adjudication letters at any time directly from the Internet. In addition, City Personnel will have access to generate a real-time report that provides details on all Adjudication related matters. This report may be run at any time for any timeframe.
Our Solution stores all historical data regarding a citation; in addition, once a citation record is created in the system, we will not purge this record from our database, ever. This is important as many citation processing agencies purge data after a period to reduce the amount of data on their servers. Data Ticket believes the City’s data should be made available to the City as long as the City is a Client.
Data Ticket, Inc.
Irvine, California
(949) 428-7240
City of Compton
Request for Proposals for Parking and
Administrative Processing Services
Page | 29
Our Solution provides for a completely paperless Administrative Hearing Process if so desired. The City, Appellants and Data Ticket will be able to manage the Hearing process in much the same way 1st Level Reviews are processed.
Administrative Hearings requested via our Solution will have all supporting documentation attached to the citation. Similarly, Administrative Hearings Requests made via US Mail will be processed the same day received, supporting documentation will be attached to the citation and the citation will be placed on an Administrative Hearing Hold.
Our Adjudication Department will work directly with City Personnel and the selected Hearing Officer to schedule Hearings to be performed in Person. Our Solution also supports Administrative Hearing Requests to be performed via paper and via the phone.
Concluding the Hearing, the Hearing Officer will simply enter their disposition into our Solution, and we will be responsible for sending the disposition letter via first class mail. All Hearing Schedule Letters and Hearing Disposition letters will be attached to the citation record in our Solution, so City Personnel can view all documentation in a single location.
Our Solution provides our Clients with the ability to view and reprint adjudication letters at any time directly from the Internet. In addition, City Personnel will have access to generate a real-time report that provides details on all Adjudication related matters.
This report may be run at any time for any timeframe.
Data Ticket, Inc.
Irvine, California
(949) 428-7240
City of Compton
Request for Proposals for Parking and
Administrative Processing Services
Page | 30
Data Ticket, Inc.
Irvine, California
(949) 428-7240
City of Compton
Request for Proposals for Parking and
Administrative Processing Services
Page | 31
Data Ticket, Inc.
Irvine, California
(949) 428-7240
City of Compton
Request for Proposals for Parking and
Administrative Processing Services
Page | 32
Vehicle Registration:
Our Solution is online with California DMV for registered owner information and has been for the past 29 years.
We are the only vendor in the industry who, within 1-2 minutes of receipt of a citation, obtains CA registered owner information via an online connection with CA DMV. In addition, our Solution provides for the ability for City Personnel to lookup a license plate and/or VIN, real-time at CA DMV, thus removing the reliance on CLETs for non-sworn Officers. No other vendor offers this service.
Our in-house Operations Department reviews all citations daily that are returned as a make/mismatch from DMV. In the event a Make Mismatch occurs, the citation is automatically placed on the real-time Make Mismatch report available to the City 24/7.
Our Operations Department reviews all “No Hits” to ensure the data provided on the citation is accurate. In addition, Data Ticket provides our Clients with a real-time report where they can view all citations for which a “No Hit” was received. Finally, Data Ticket attempts to obtain a registered owner once every 30 days from all DMVs to ensure we obtain a registered owner as soon as one is available. In addition, we will also resubmit citations upon request to determine if a registered owner is available.
Registered Owner Retrieval from Out-of-State DMV
Data Ticket obtains registered owner information for out-of-state plates utilizing a combination of direct access methods for states like Arizona, Florida, Illinois, Maryland, North Carolina, Nevada, Ohio, Oregon, Pennsylvania, Texas and a variety of others.
Data Ticket, Inc.
Irvine, California
(949) 428-7240
City of Compton
Request for Proposals for Parking and
Administrative Processing Services
Page | 33
In addition, we utilize NLETs to obtain out of state registered owner information from states that do not provide direct access.
NLETs functions much like a CLETs interface whereby Data Ticket has access to out-ofstate registered owner information 24/7, compared with dependence on each individual state.
DMV Registration Holds / Releases
Data Ticket Staff also can place holds and releases manually. In the event the City requires a manual hold or release be placed, that will be processed the same business day the request is received.
Real-time, through our online connection with DMV, Data Ticket places California registration holds and releases. In addition, our connection to California DMV is different from the City’s current vendor and many other vendors. Our connection automatically provides us with next day confirmation that a registration hold or release was successful.
Other processing vendors do not get that confirmation until the monthly DMV file is provided by DMV. This significantly impacts the ability to process holds and releases effectively as it means there could be up to 4 weeks of duration before the City can be guaranteed a hold or release was successful.
Data Ticket, Inc.
Irvine, California
(949) 428-7240
City of Compton
Request for Proposals for Parking and
Administrative Processing Services
Page | 34
Data Ticket, Inc.
Irvine, California
(949) 428-7240
City of Compton
Request for Proposals for Parking and
Administrative Processing Services
Page | 35
Customer Tracking:
Data Ticket’s Citation Management System is 100% web-based. The entire system is accessible using individual usernames and passwords. Any City Personnel with access to the Internet and a web browser may access the system using a unique username and password that will be set up during the implementation phase. In the event new individuals require access to the system or individuals with existing access need their access level modified, Data Ticket will update the access levels the same day the request is made at no cost to the City.
Access by City Personnel is granted by a citation number, notice number, vehicle license number and State, name, or VIN.
Data displayed once a valid search criterion is used is:
• All citation level information that was entered on the citation, including VIN • All photographs, videos and voice recordings taken at the time of the citation issuance and transmitted to Data Ticket • Current status of the citation, provided in bolded text • DMV Inquiry date and hold and release information and dates, including registered owner information, with address and registration expiration date
• Delinquent notice history, including date sent, date due, address sent to, registered owner, make of the vehicle and amount due
• Adjudication history, including date the citation was placed on a review and hearing hold, date hearing was scheduled for, date hearing schedule letter was sent, judgment, date judgment was entered, date judgment letter was sent, disposition information, hearing officer name, complete appeal description, images attached as part of the adjudication process and a complete description of the reason for appeal if the appellant appealed online • Payment information, including payment type, payment received date, check date, check number, deposit date, payment location, amount paid and returned check date or credit card chargeback date • Penalty history including penalty date, penalty amount • Registered owner information as provided by DMV, including registration date and any names listed on the registration, VIN, make and model
• All phone notes as entered by our Customer Service Representatives and any other personnel who have a username and password
• The number of citations for each registered owner and the number of citations issued for each state / plate • Vehicle registration history
• A complete audit trail of the citation, including a username and date for every transaction • Citation simulation for reproduction and printing at the City Data Ticket, Inc.
Irvine, California
(949) 428-7240
City of Compton
Request for Proposals for Parking and
Administrative Processing Services
Page | 36
• Scanned images related to Adjudication, payment backup and other matters During the implementation phase and throughout the life of the contract, the City will have the opportunity to define the user access levels for everyone provided with access to the system. Access to the system by the City includes the ability to:
• Enter voids with reason codes or full comments
• Enter dismissals with reason codes or full comments
• Enter letter data with the ability to add custom notes • Place holds (extensions) on citations and enter a hold date and a reason • Enter promissory notes with extension dates
• Enter review and hearing notices and comments
• Enter review and hearing dispositions, including notes and comments • Enter or request citation data corrections
• View photos of the violation in the format they are sent • Enter phone notes to be viewed by the City and Data Ticket only • Enter or request citation data corrections and violation changes • Reduce citation dollar amounts
• Enter refunds performed at the City
• Enter NSFs received by the City
• Enter payments taken at the City
• View a complete adjudication history, including supporting documentation • Enter dispositions related to Administrative Review Requests and Administrative Hearings • Generate, print and re-print Adjudication letters
• Print receipts for citations that have been paid
In addition, our website provides a complete audit trail of the registered owner and any changes made due to a release of liability, a change due to a renter or lessee, or any other change. Finally, City Personnel will have the ability to view a complete audit trail for every citation in the system.
Data Ticket, Inc.
Irvine, California
(949) 428-7240
City of Compton
Request for Proposals for Parking and
Administrative Processing Services
Page | 37
Violator Inquiry
Data Ticket will be responsible for responding to all inquiries and initial complaints regarding the status of dispositions of citations, vehicle registration and all other aspects related to parking citation processing. Data Ticket will provide a live Customer Service Department consisting of bi-lingual customer service representatives, speaking both English and Spanish, who will have been trained to handle all aspects of parking citations processing as it relates to the public.
The Customer Service Department will be available Monday – Friday from 8am – 5pm, Pacific time. We will ensure our Customer Service Representatives are thoroughly trained to handle each call and perform in a manner that is consistent with how the City would handle customer service.
All phone numbers provided to the public are toll-free and all Customer Service Representatives follow a script to keep them on point. All inbound and outbound customer service calls are digitally recorded and can be provided individually upon request.
Data Ticket provides a toll-free, bi-lingual Interactive Real-time Voice Response system for all inquiries. The IVR provides general citation information, specific citation information and allows for payments to be made via credit or debit card, 24/7.
All credit / debit cards are authorized and processed real-time. Chargebacks are handled by Data Ticket as we will be utilizing our merchant ID.
Data Ticket recommends all web traffic is directed to the City’s website and from there, individuals are provided a link to our Solution that provides customers with a branded, cohesive user interface.
Data Ticket, Inc.
Irvine, California
(949) 428-7240
City of Compton
Request for Proposals for Parking and
Administrative Processing Services
Page | 38
Data Ticket, Inc.
Irvine, California
(949) 428-7240
City of Compton
Request for Proposals for Parking and
Administrative Processing Services
Page | 39
Payment Capabilities:
Data Ticket provides for the acceptance of payments via US Mail. Correspondence and payments accepted via our Newport Beach PO Box are picked up daily by 7:00am and delivered via a bonded, insured courier to our office for processing. All incoming mail is sorted, opened and batched by postmark or received date, depending on the City’s requirements.
Payments received via US Mail are processed in-house and deposited within 24 hours of receipt. As payments are made, the City will have access to real-time reports, available 24/7 and reflecting each payment. Daily and monthly, Data Ticket reconciles deposits made to ensure all payments have been properly accounted for. All backup received with payment data is scanned and stored on our network for as long as the City is a Client. In addition, all bank deposit information will be stored on behalf of the City for as long as the City requires.
Our Solution accepts Visa, MasterCard, Discover and American Express credit / debit cards via the Internet, our bi-lingual automated voice response system (IVR), via our live, bi-lingual Customer Service Representatives and via Client specific locations. Online payments are authorized and processed real-time and the Citizen is provided with a confirmation number that matches the real-time authorization number.
Data Ticket, Inc.
Irvine, California
(949) 428-7240
City of Compton
Request for Proposals for Parking and
Administrative Processing Services
Page | 40
Our website and IVR will be available to the City and its Customers 24/7. We do not have any scheduled downtime during which our Solution is not available. Our live, bi-lingual Customer Service Representatives are available Monday – Friday from 7am – 5pm Pacific. Our Solution is PCI Compliant to provide the City and the public with the peace of mind that our Solution is hacker-safe and credit card information is kept in the highest regard.
Payments received and processed via check, cash and money order can either be deposited into the City’s bank using a courier or they can be deposited into the City’s bank using Check 21 or remote check deposit. Additionally, the City may elect to utilize an escrow bank account. If the City elects to utilize an escrow bank account, daily all checks and money orders will be deposited directly into the escrow account using Remote Check Deposit (RCD).
Weekly, Data Ticket’s Accounting Department will reconcile the account and issue refunds to those individuals who are due a refund. Additionally, the account is reconciled at month-end using the funds in the account to pay the Data Ticket invoice, pay the City’s County / State surcharges, and issue a check or wire to the City for the net collections. Finally, credit / debit cards accepted are reconciled and disbursed at month-end.
Data Ticket, Inc.
Irvine, California
(949) 428-7240
City of Compton
Request for Proposals for Parking and
Administrative Processing Services
Page | 41
Data Ticket, Inc.
Irvine, California
(949) 428-7240
City of Compton
Request for Proposals for Parking and
Administrative Processing Services
Page | 42
Notice and Letter Generation Manager:
Data Ticket will be responsible for the generation and mailing of all notices on behalf of the City. City Personnel will have the ability to view and re-print all notices previously generated and mailed by Data Ticket. Data Ticket will be responsible for mailing all 1st Courtesy Notices for citations unpaid after the City’s specified timeframe. These notices will be mailed via 1st Class Mail daily as soon as a citation is eligible to have a notice sent. In addition, a 2nd 1 st Courtesy Notice will be mailed to a
Renter or Lessee when a rental car agency or a leasing agency provides the corrected information.
Our Solution sends all notices daily, dependent upon the event and/or the timeframe defined by the City. Each citation is treated independently so as each citation has fulfilled the requirements set forth by the City, the appropriate notices are sent.
Data Ticket, Inc.
Irvine, California
(949) 428-7240
City of Compton
Request for Proposals for Parking and
Administrative Processing Services
Page | 43
All notices contain the following data:
o Citation number o Citation date
o License plate o License plate state
o Vehicle make o Notice date
o Violation(s) code and description o Location of the violation o Dollar amount owed at each of the
escalation dates
o Amount due
In addition, all notices define how to:
o Pay for the citation
o Appeal the citation (if applicable)
o Inquire about the citation
o Obtain signoff (if applicable)
o Provide proof of non-liability.
Each notice, except for the FTB notice, allows for customized text to be defined by the City and each notice provides a tollfree, bi-lingual telephone number that is answered by both a bi-lingual IVR (integrated voice response) system and bi-lingual customer service agents that are all in-house.
All notices are printed on a full sheet of paper on the front and back and are sent in a #10 windowed envelope which includes a #9 windowed envelope for the return of payment, appeal or additional correspondence. In addition to the allowance of the submission of check or money order, recipients may also submit a credit/debit card number for processing if the City allows.
Data Ticket, Inc.
Irvine, California
(949) 428-7240
City of Compton
Request for Proposals for Parking and
Administrative Processing Services
Page | 44
Data Ticket, Inc.
Irvine, California
(949) 428-7240
City of Compton
Request for Proposals for Parking and
Administrative Processing Services
Page | 45
Data Ticket, Inc.
Irvine, California
(949) 428-7240
City of Compton
Request for Proposals for Parking and
Administrative Processing Services
Page | 46
Extensive Report Generation:
Data Ticket will maintain provisions for proven database management and software and all required servers. Data Ticket will provide the City with a fully hosted Software as a Service (SaaS) Solution.
The City will not be responsible for any installation, maintenance or enhancements associated with any hardware or software.
Data Ticket will take responsibility for the entire Solution.
Data Ticket takes the security of the data that we hold be behalf of our clients very seriously. We realize we hold Personally Identifiable Information that does not belong to us. All data that resides on our servers belongs to our clients. At any time, the City may request a copy of their data and if the City ever requires a daily feed of data, we are happy to provide it in an automated manner.
Data Ticket does not purge our clients’ data unless specifically required to do so. We find this provides our clients with the ability to generate real-time reports on a full set of data whenever required. If the City’s current vendor has maintained the City’s data since 1992, we would recommend we convert all that data if the city is open to it. Again, this will provide the city with the ability to generate statistical reports for the last 24 years which can be invaluable.
Parking citations and permits generate a tremendous amount of data. That data is only useful if you have the right tools to report on that data. Our Solution provides for over 200 reports that can be run real-time for any time-period required. While this sounds impressive, we realize not all Agencies have the time to run reports. Our Client Services Department will gladly provide any reports required at any time to the City. It’s just part of the exceptional Customer Service we provide.
If the City chooses to run reports on their own, all of Data Ticket’s reports are available to City Staff real-time, online. There is no limit to the amount of reporting the City can generate. In the event the City ever requires a custom report or additional fields or optional criteria on a report, we will gladly add the custom report, field or optional criteria at no charge.
Data Ticket, Inc.
Irvine, California
(949) 428-7240
City of Compton
Request for Proposals for Parking and
Administrative Processing Services
Page | 47
On the following pages we have provided an overview of a small sampling of the reporting we provide to our clients, online. On the following page is a screen shot of our Reporting Home page that displays citation statistics in a graphical manner for our clients. As you can see from this screen shot, a dropdown box is provided in the top right corner that allows the user to select the month that he/she wishes to view. In addition, this screen is configurable to display a variety of statistics.
PROPRIETARY AND CONFIDENTIAL TO DATA TICKET, INC
Our Solution provides the ability to select from Standard Report, Permit Reports, Adjudication Reports and My Reports. Below and on the following pages, we have provided samples of some of the available reports. Each of these reports can be generated in Summary or Detail mode, depending on the user’s requirements.
Data Ticket, Inc.
Irvine, California
(949) 428-7240
City of Compton
Request for Proposals for Parking and
Administrative Processing Services
Page | 48
Sample Officer Summary Report:
Sample Citation Status Report (Summary):
Sample Citation Status Report (Detail):
ALL IMAGES PROPRIETARY AND CONFIDENTIAL TO DATA TICKET, INC Data Ticket, Inc.
Irvine, California
(949) 428-7240
City of Compton
Request for Proposals for Parking and
Administrative Processing Services
Page | 49
Payments Grouped by Received Date (Summary):
Payments Grouped by Received Date (Detail):
Daily Posted by Client (Summary):
ALL IMAGES PROPRIETARY AND CONFIDENTIAL TO DATA TICKET, INC Data Ticket, Inc.
Irvine, California
(949) 428-7240
City of Compton
Request for Proposals for Parking and
Administrative Processing Services
Page | 50
Again, these are simply samples of the over 200 reports available for City Personnel to generate, save, print and share.
Our Solution will provide the City with the most advanced reporting capabilities using our Report Generator feature. This feature provides City Personnel with the ability to select a “Standard Report” or to select a “Data Grouping” and create custom, real-time reports. These reports can be saved, shared amongst co-workers, or just run and viewed.
Below we have provided an image of our “Report Generator” capability. This capability provides City Personnel with the ability to select a “Standard Report” and set Optional Criteria, as well as drag and drop Report Columns into and out of the report. If you choose, you can also start with a “Data Collection” and create a totally custom report.
ALL IMAGES PROPRIETARY AND CONFIDENTIAL TO DATA TICKET, INC Data Ticket, Inc.
Irvine, California
(949) 428-7240
City of Compton
Request for Proposals for Parking and
Administrative Processing Services
Page | 51
Once you have created a report you would like to run on a regular basis, you can save the report to a “My Reports” menu that then allows you to delete, clone or share the reports amongst co-workers. On the following page you will see an image of a user who has created custom, saved reports.
PROPRIETARY AND CONFIDENTIAL TO DATA TICKET, INC.
Our Solution will provide the City with the ability to export reports to Excel with exact precision. There is no need to manually adjust any data once exported as all data aligns perfectly in its own unique cell.
Data Ticket, Inc.
Irvine, California
(949) 428-7240
City of Compton
Request for Proposals for Parking and
Administrative Processing Services
Page | 52
Data Ticket, Inc.
Irvine, California
(949) 428-7240
City of Compton
Request for Proposals for Parking and
Administrative Processing Services
Page | 53
Query Manager:
Data Ticket’s Report Generator feature meets the City’s requirements to create, save and share queries. In addition, Data Ticket’s Operations and Programming Departments will gladly run queries and required for any City Personnel.
Data Ticket, Inc.
Irvine, California
(949) 428-7240
City of Compton
Request for Proposals for Parking and
Administrative Processing Services
Page | 54
Web Services:
Data Ticket’s Solution provides all service identified in the City’s Web Services section of its RFP; however, we are unclear on the use of an Oracle Database as Data Ticket’s SQL database should be the system of record for all parking related activities.
Should the City be interested in Data Ticket providing a daily file that is scheduled to be placed on our SFTP site that the City imports into its Oracle Database, we would be happy to accommodate that request.
Data Ticket, Inc.
Irvine, California
(949) 428-7240
City of Compton
Request for Proposals for Parking and
Administrative Processing Services
Page | 55
Web Solutions (Optional):
As proposed in our response to the Customer Tracking section of the City’s RFP, our Solution provides a 100% supported website for the City’s citizens and visitors to view, pay for and appeal their citations. In addition, we offer a fully supported permit solution that can be customized to meet the City’s exact business rules.
Data Ticket, Inc.
Irvine, California
(949) 428-7240
City of Compton
Request for Proposals for Parking and
Administrative Processing Services
Page | 56
Booting / Towing:
Data Ticket provides a towing / boot application for our Clients to track towing and boot incidents. In addition, Clients can setup payment plans associated with each tow / boot incident.
Data Ticket, Inc.
Irvine, California
(949) 428-7240
City of Compton
Request for Proposals for Parking and
Administrative Processing Services
Page | 57
Data Warehouse:
Data Ticket’s Solution acts as a data warehouse for our Client’s parking citation data. Additional integrations will individually be analyzed, reviewed, designed and assessed for a potential integration. Data Ticket does not typically charge for any integrations, yet we do not ever pay another vendor’s integration fees. Additionally, the integration of additional data will be analyzed for the volume of data.
Data Ticket, Inc.
Irvine, California
(949) 428-7240
City of Compton
Request for Proposals for Parking and
Administrative Processing Services
Page | 58
Application Development Rights:
Data Ticket’s Solution is provided to our clients as a Software as a Service (SaaS). We support our Solution wholly. Our Solution is not for sale. We will not physically install anything at the Client site. As such, custom applications cannot be built into the Solution that are specific to a single client. If a feature does not exist within our Solution and we find it is a requirement of the City, we will work with the City to analyze, design, build and test the solution as it fits within our scope of work.
Data Ticket, Inc.
Irvine, California
(949) 428-7240
City of Compton
Request for Proposals for Parking and
Administrative Processing Services
Page | 59
Handheld Software:
Data Ticket has read and understands the City’s requirements for a citation issuance application. All requirements identified in the City’s RFP will be met by Data Ticket’s Solution. All handheld software is developed, owned and fully supported by Data Ticket, Inc. Should the City need to replace or repair a unit, we have dedicated handheld resources available to you for troubleshooting, repairs, upgrades, general question inquiry and technical support.
Below and on the following pages is a short list of the features available in our citation issuance application:
o Live, Wirelessly Enabled Software – Citation data is transferred wirelessly to our solution using either an automated transmission mode or a batch mode. No workstation or software is required to wirelessly transmit citations to our Solution.
o Cite by Voice – Officers can speak an entire citation and not once user a keyboard or stylus to issue a citation. o License Plate Translation – Officers can take a picture of a license plate and the handheld software will translate the license plate into the license plate text field on the citation and attach the plate image to the citation. o Immediate Payment – Because our handheld units transmit citations in real-time, citation recipients can immediately pay on their cell phone, PDA, PC or other internet connected device. o Bar Code / OCR Scan Line Usage - Our handheld software utilizes the printing of barcodes and OCR scan lines to better integrate our client’s financial and or cashiering systems and eliminate data entry by cashiers. o Real-Time Scofflaw / VIP Alerts - Officers in the field can be notified by a visual and audible alert when a license plate is a scofflaw (habitual offender) or is on a VIP list.
o Pre-population of Citation Data – Upon entering a license plate number if the vehicle has been cited in the past, the vehicle information including the make, model, VIN, and color will be pre-populated on the citation o Prior Citation Look-up – Upon entry of a license plate that has been cited in the past, the Officer will be alerted to the number of and types of violations issued in the past and the amount owed, if any. In addition, the citation information is used to pre-populate the current citation, saving the Officer valuable time. o Electronic Chalking – Officers can perform electronic chalking that alerts them of a violator, automatically.
Data Ticket, Inc.
Irvine, California
(949) 428-7240
City of Compton
Request for Proposals for Parking and
Administrative Processing Services
Page | 60
o Integrated Video Recordings, Audio Recordings and Pictures – The android based software solution includes the ability to capture video, audio and pictures and transmits them at the time the citation is transmitted. These items are then displayed to City Personnel when viewing the citation online. o GPS – Wirelessly enabled citation writers can utilize the built-in GPS capabilities that provide for tracking of each device, as well as tracking and images of citation issuance areas. o SOS Calls – Each handheld is programmed with an SOS button that when utilized sends, via a group or single text or via a group or single email address, the GPS Coordinates of the handheld along with an image of a map and the exact location of the handheld. This feature is used in the event an Officer requires immediately assistance. o Multiple Violation Issuance – If authorized by the City, Officers can issue an unlimited number of violations per citation. Should the City require the ability to issue more or fewer violations per citations, a simple configuration change will update the handhelds immediately.
o Warning / Courtesy Notice Citations – The Solution provides Officers with the ability to issue warning or courtesy citations, as well as track those citations.
o Issuance Mapping – Our Solution can track the issuance of citations and display that in map format to understand what types of violations are being issued and where they are being issued. An image of this feature is provided below.
If the City elects to use one of our handheld units that can capture the GPS coordinates (latitude and longitude), City personnel will have the ability to view a Geo Mapping Report.
The Geo Mapping Report provides users with the ability to view citations issued within a specific timeframe, including the status of the citation. As you can see in the image below, the map displays violations by color and provides the ability to zoom in and out of an area, as well as to click on a citation and have it take the user directly to the citation in question.
Data Ticket, Inc.
Irvine, California
(949) 428-7240
City of Compton
Request for Proposals for Parking and
Administrative Processing Services
Page | 61
Sample Geo Mapping Report:
PROPRIETARY AND CONFIDENTIAL TO DATA TICKET, INC.
Data Ticket, Inc.
Irvine, California
(949) 428-7240
City of Compton
Request for Proposals for Parking and
Administrative Processing Services
Page | 62
PROPRIETARY AND CONFIDENTIAL TO DATA TICKET, INC.
Integrations with Other Vendors
We value our Clients and we support their entire Parking Program. This often means integrating with other vendors utilized by our Clients. While other vendors may charge for integration efforts, we will never charge a client for any integration, ever.
Below are some of the vendors with whom we have active integrations.
Data Ticket, Inc.
Irvine, California
(949) 428-7240
City of Compton
Request for Proposals for Parking and
Administrative Processing Services
Page | 63
PROPRIETARY AND CONFIDENTIAL TO DATA TICKET, INC.
Citation Transmission
Below and on the following pages we have suggested several different handheld options. While there are many methods for sending citations to our Solution, most Agencies elect for a data plan so Officers can wirelessly transmit citations from the field, simply by pressing the “Print” button at the end of issuing a citation.
If the City elects not to move forward with a data plan, Officers can still send citations wirelessly by accessing a WiFi connection in a local area but to receive updates to the handheld software, a Secure WiFi Connection or data plan will be required.
Data Ticket, Inc.
Irvine, California
(949) 428-7240
City of Compton
Request for Proposals for Parking and
Administrative Processing Services
Page | 64
Data Ticket, Inc.
Irvine, California
(949) 428-7240
City of Compton
Request for Proposals for Parking and
Administrative Processing Services
Page | 65
Data Ticket, Inc.
Irvine, California
(949) 428-7240
City of Compton
Request for Proposals for Parking and
Administrative Processing Services
Page | 66
Communications:
Data Ticket does not provide wireless services or hardware (modems) to our Clients other than providing a pass-thru service for handheld communications directly from the Client’s preferred vendor. Our Solution relies on existing Client-provided internet access to access our citation processing solution, a data plan associated with each handheld device (if desired) and a secure wi-fi connection to obtain software updates to the handheld devices.
Data Ticket, Inc.
Irvine, California
(949) 428-7240
City of Compton
Request for Proposals for Parking and
Administrative Processing Services
Page | 67
Web Hosting & Database Services:
Data Ticket performs automated backups daily and removes all backups to an offsite location. Our complete disaster recovery plan will be provided upon request.
In addition, our website provides a complete audit trail of the registered owner and any changes made due to a release of liability, a change due to a renter or lessee, or any other change. Finally, City Personnel will have the ability to view a complete audit trail for every citation in the system.
Data Ticket’s website is redundantly hosted on separate physically secured hardware with the following security precautions:
All server infrastructure is secured behind firewalls with intrusion detection and prevention enabled. Specifically, SonicWall firewalls are utilized for web, Barracuda firewalls are used internally, and Cisco firewalls are used for our real-time connection to California DMV.
All passwords are one way hashed to ensure maximum user account security.
All website access is securely encrypted using TLS 1.2 and PCI Compliance standards.
Nightly backups are made to ensure complete data integrity of the information maintained.
Our system is comprised of redundant web, database, and file servers all optimized to ensure maximum redundancy and security
Throughout the life of the contract, the City will retain all ownership of the data and at no time is the data considered property of any entity other than the City before, during and after the life of the contract.
Our citation management system employs a wide variety of safety measures to be prepared for the eventuality of an emergency or disaster. All data is backed up off-site daily to be prepared for disaster recovery. Should the City require viewing our detailed disaster recovery plan, we are happy to provide it upon request.
We care about security. Our Information Security Office is responsible for working with each of our Departments to ensure that all security precautions are carefully considered and employed across all business operations. Our office utilizes a combination of redundant internet connections and equipment to maximize both uptime and resiliency. Additionally, our recent partnership with Microsoft has cloud-enabled these capabilities and allows us the capability to recover even if the entire west coast went offline.
Data Ticket, Inc.
Irvine, California
(949) 428-7240
City of Compton
Request for Proposals for Parking and
Administrative Processing Services
Page | 68
Collection Service:
Data Ticket utilizes our in-house delinquent collections process to increase collections on behalf of our clients. This service is offered as a contingency based service whereby the City does not incur any cost unless an individual pays their citation in the delinquent collection process. Parking citations are considered delinquent at 90 days past issuance and administrative citations are considered delinquent at 60 days past citation issuance.
The use of a third party vendor to perform FDCPA certified collections is not permissible for parking citations unless the City would like for us to send eligible citations to the City to then transfer for a third party.
Data Ticket, Inc.
Irvine, California
(949) 428-7240
City of Compton
Request for Proposals for Parking and
Administrative Processing Services
Page | 69
SECTION 4: COMPENSATION
Data Ticket, Inc.
Irvine, California
(949) 428-7240
City of Compton
Request for Proposals for Parking and
Administrative Processing Services
Page | 70
Administrative Citation Processing:
Below and on the following pages, we have provided a proposed compensation schedule for Administrative Citation Processing. We have provided 2 options that provide the City with the ability to either pay a single fee upfront for all services or pay for each instance. During the life of any contract, the City can switch the payment option on the annual anniversary of the contract.
Fee Description Administrative Citation
Processing Fee
Option 1
Administrative Citation
Processing Fee
Option 2
Citation Processing and Collections
Manual Citation Processing $15.00 $5.00
Electronic Citation
Processing
$10.00 $3.00
1 st Notice Sent No charge $0.80
Other Correspondence No charge $1.25
Delinquent Collections No charge 23%* of paid amount
Franchise Tax Board
Processing - SSN Look-up
$2.00 per unique SSN $2.00 per unique SSN
FTB Collections 15% of paid amount 15% of paid amount
Advanced Collections Legal
Action Not Required
30% of paid amount 30% of paid amount
Adjudication Services
Adjudication Hold &
Scanning of Documentation
No charge $0.50
Disposition Entry No charge $1.00
Disposition Letters No charge $1.25
Hearing Schedule Letters No charge $1.25
Certified Letters – per letter
sent
$5.00 $5.00
Hearing Performance $85.00 / hr $85.00 / hr
*Assessed at Citation Date + 60 Days (or when the second notice is sent if earlier than 60 days)
To further provide definition surrounding each line item, we have provided additional details below and on the following pages.
Manual and Electronic Administrative Citation Processing:
Services for the above-mentioned items include:
• Data entry of manually written citations performed within 48 hours of receipt • Quality assurance verification of manually entered citations • Scanning of all manually written citations onto our network for storage and ease of retrieval
Data Ticket, Inc.
Irvine, California
(949) 428-7240
City of Compton
Request for Proposals for Parking and
Administrative Processing Services
Page | 71
• Bi-monthly shredding of manually written citations
• Electronic transfer of all electronically written citations, recordings, videos and photographs
1st Notice Cost:
Services for the above-mentioned item include:
• Semi-custom Notice that is printed on an 8 ½ x 11” piece of paper with a perforated tear-of payment stub provided in a window envelope sent to the r responsible party of a vehicle
• All notices are attached to the citation online and are viewable via the web • All notices sent via 1st Class Mail
• All notices include a return envelope in which the responsible party may submit payment
Delinquent Collections:
• This fee will be assessed when a citation is sixty (60) days past the citation issue date, assuming a first notice has been sent to the responsible party and the citation is not on hold for any reason
• Three Delinquent Notices will be sent to the responsible party at no cost to the City • All notices are sent via First Class mail and all notices are printed on an 8 ½ x 11” sheet of paper and folded into a window envelope; in addition, a window envelope is provided for the recipient to return payment
• All notices are attached to the citation online and are viewable via the web • If Data Ticket does not collect on a citation that is delinquent, the Agency does not owe this fee
• Notices will be sent via 1st Class Mail, and Data Ticket will be responsible for the cost incurred and all customer service and payment entry
Franchise Tax Board Processing:
SSN Look-up
• This fee will be assessed to lookup a social security number associated with a particular responsible party and address
• This charge is charged per unique SSN, not per citation FTB Collections
• This fee is charged if a citation is paid at the Franchise Tax Board • Data Ticket will send an FTB Notice to the responsible party as required by the Interagency Intercept Program; this notice will be sent via 1st Class Mail at no additional cost to the City
• Data Ticket will pay for the Agency’s cost to participate in the FTB program; annually, FTB will send an invoice to the Agency for the number of debts placed at FTB; the Agency will simply provide this invoice to Data Ticket and Data Ticket will pay it in full
Advanced Collections:
• This fee is charged if a citation is paid at Advanced Collections Data Ticket, Inc.
Irvine, California
(949) 428-7240
City of Compton
Request for Proposals for Parking and
Administrative Processing Services
Page | 72
2 nd Level Hearing Hold, Scanning and Scheduling of Hearing • Data Ticket will review all documentation received by the Appellant and determine whether the request received within the required timeframe • If the request was received within the required timeframe, Data Ticket’s Adjudication Department will place the citation on an Administrative Hearing Request Hold and scan all received documentation into the Solution where it is displayed on the web for the Agency’s Staff and the Hearing Officer
• If the request is received outside the required timeframe, the Agency will have the option to proceed as though the request was received within the timeframe or it may elect to have Data Ticket send a “time expired letter” rejecting the appeal • Data Ticket will work with the designated Hearing Officer to schedule the Hearing based on either a pre-determined schedule or an ad hoc basis, depending on the Agency’s schedule
2 nd Level Hearing Schedule & Disposition Letters
• Data Ticket will send a custom disposition letter to the Appellant via 1st Class Mail • All letters are attached to the citation online and are viewable via the web • Disposition letters will be sent Monday – Friday
2 nd Level Hearing Disposition
• Data Ticket’s independent, certified, insured hearing officers will be provided to the to perform in-person, phone and written hearings
• Each hearing request will be reviewed, heard or read and all required research will be performed
• The Hearing Officer will enter a judgment into the Citation Processing System for viewing by the Agency, Appellant and Data Ticket
• Hearings will be scheduled
• The Agency will incur costs associated with mileage as defined by Federal guidelines • Data Ticket will work with the Agency to arrange for the use of a conference room at an Agency location or the Agency may elect to have citations heard at a centralized location within the City
Joint / Escrow Banking Services (Optional) $150.00 per month Services for the above-mentioned item include:
• Daily deposits of funds to the Agency’s escrow account • Online, real-time reconciliation reports that tie directly to the bank statement • Processing of all credit card charge-backs and Insufficient Funds • Month-end reconciliation of all funds collected
• Payment of Data Ticket’s invoice
• Disbursement of the net remittance to the Agency
• Scanning of all payments directly to joint bank account daily using remote check deposit
• The Agency will be responsible for the purchase of banking supplies, including checks and endorsement stamps; these fees typically run $200.00 per year • Refunds verified and issued weekly
Data Ticket, Inc.
Irvine, California
(949) 428-7240
City of Compton
Request for Proposals for Parking and
Administrative Processing Services
Page | 73
Charge-backs / NSFs and Refunds $2.50 per instance
• Data Ticket will process credit card charge-backs, NSFs and refunds (if a Joint / Escrow Banking Services is utilized) when notified of each occurrence • Once processed, Data Ticket will send a custom letter to the individual detailing the returned item and the amount due on the citation
Online Access for the Agency’s Customers: Included
The Agency’s Customers will have the ability to perform the following functions online:
• View real-time citation(s) data
• Pay for a single or many citation(s)
• Request a Hearing online and attach up to 3 supporting documents • Print a receipt
• View pictures of the citation taken by the issuing officer (if the Agency allows) Online Access for the Agency’s Staff: Included
Access to the Agency’s data is based on unique usernames and passwords assigned to everyone who requires access to the system. Data Ticket does not limit the number of individuals who have access to the system and the number and types of access can change at any point with a simple email request to Data Ticket.
Customer Service: Included
• Data Ticket provides a live, bi-lingual, on-site Customer Service Department that is fully trained to answer questions related to citation issuance, payment, adjudication, FTB, advanced credit reporting collections and more
• All calls are recorded to quality assurance and recordings can be sent to the Agency at any time for review
• Data Ticket’s IVR is bi-lingual and accessible via several toll-free numbers; the IVR provides real-time information to the caller regarding current status, including the amount due
• The IVR accepts VISA, MasterCard, Discover, and American Express Cost Increases:
Postal Rate Increase Offset – If postal rates increase during the term of the agreement, fees to DTI shall be raised immediately to offset the effect of the actual postal rate increase.
CPI Increases – There will be NO CPI increases for the duration of the agreement.
Data Ticket, Inc.
Irvine, California
(949) 428-7240
City of Compton
Request for Proposals for Parking and
Administrative Processing Services
Page | 74
Parking Citation Processing: Below and on the following pages, we have provided a proposed compensation schedule:
Parking Citation Processing
Description Cost
Fee per Electronic Citation Issued $0.35
Fee per Manual Citation Issued $0.40
1 st Courtesy Notices (required by CVC if not paid off the windshield) $0.72
o Printing and sending daily
o 1
st class postage
o Windowed #10 envelope
o 8 ½ x 11” semi-custom notice
o Electronic attachment to the citation
o Return #9 envelope
Fee per Paperless Appeal $.75
o Receipt of 1st level requests
o Receipt of 2nd level requests
o Receipt of Court Requests
o Scheduling hearings
o Placing citation on adjudication hold
o Scanning all back-up
o Attaching all back-up to citation
o Providing back-up to Hearing Officers
Fee per Adjudication Letter $0.85
o Printing and sending daily
o 1
st class postage
o Windowed #10 envelope
o 8 ½ x 11” custom letter
o Electronic attachment to the citation
o Return #9 envelope
Fee per Refund Issued* (Optional) $1.25
o Weekly reconciliation of refunds
o Weekly generation of refund checks
o Weekly mailing of refund checks
o 1
st class postage
o Invoicing of refund check
o Monthly reconciliation
Fee per Chargebacks/NSF’s Issued* (Optional) $1.25
o Daily processing
o Real time update of amount due
Fee per State Surcharge Issuance* (Optional) $10.00
o Monthly calculation of surcharge check
o Monthly generation of surcharge check
o 1
st class postage
o Monthly reconciliation for City
% of Collections for Out of State Citations 23%
*If the City would like to have Data Ticket issue refunds and the monthly state surcharge payment on behalf of the City, Data Ticket recommends the following:
• Data Ticket will invoice the City of the State Surcharge amount and upon receipt will issue a check to the State for said surcharges
• For refunds the City can issue a check to be deposited by Data Ticket into an escrow account. Data Ticket’s Accounting Department will issue refund checks against this account and provide the City with a monthly reconciliation and will request additional funds as required on a pre-arranged basis.
Data Ticket, Inc.
Irvine, California
(949) 428-7240
City of Compton
Request for Proposals for Parking and
Administrative Processing Services
Page | 75
Parking Citation Processing Services
Description Cost
Delinquent Collections at 90 days old (or once 2nd
notice is generated and sent)* 23% of revenue collected Includes:
o Sending 3 additional letters
o 1
st class postage
o Windowed #10 envelope
o Payment Processing
o CA DMV Registration Holds
o Dispute resolution
o Electronic attachment to the citation
o Return #9 envelope
o Recorded Customer Service lines
o CA DMV Registration Releases
Fee per Franchise Tax Board SSN Request $2.00
Includes:
o Acquisition of a SSN o The charge is per unique SSN
Franchise Tax Board Collections 15% of revenue collected Includes:
o Weekly placement at FTB
o Dispute resolution
o Payment of the City’s FTB Invoice
o Weekly updates to / from FTB
o Weekly payment processing
o Monthly reconciliation of FTB account
Hearing Officer Services $85.00 per hour
Includes:
o Independent Hearing Officers
o Electronic storage of all recordings
o Recording of in-person and phone
hearings
Joint / Escrow Account Services** $150.00 per month
Includes:
o Daily deposits via RCD or Check 21
o Processing of all NSFs
o Payment of Data Ticket’s invoice
o Daily reconciliation of bank account
o Disbursement of State Surcharges
o Net remittance to the City
AB503 Receipt and Processing – per request if Data
Ticket handles $5.00
AB503 Receipt and Processing – per request if City
handles $2.00
AB503 Letters $.75
Includes:
o Receipt and scanning of all requests
o Approval or denial of each request
o Denial letter if applicable
o Review of all received requests
o Payment plan setup and management
o Storage of all scanned documents
Fee per Other Correspondence / Letters $0.85
Includes:
Data Ticket, Inc.
Irvine, California
(949) 428-7240
City of Compton
Request for Proposals for Parking and
Administrative Processing Services
Page | 76
o Partial payment letters
o Refund letters
o Fled letters
o Any other letter required by the City
** If this service is selected, this fee would replace the State Surcharge Issuance fee provided on the prior page. The City will also be responsible for banking supplies.
Data Ticket, Inc.
Irvine, California
(949) 428-7240
City of Compton
Request for Proposals for Parking and
Administrative Processing Services
Page | 77
Permit Management Processing Services (Optional)
Description Cost
Permit Solution Hosting $85.00 per hour
Includes:
o 20 hours of custom configuration are
included at no cost
o Customization above the 20 hours is
charged at the rate provided
Fee per Permit Approval/Denial – if Performed by Data Ticket $4.00 Includes:
o Receipt and review of permit request
o Scanning of received documentation
o Complete audit trail for the City
o Permit account setup
o Approval / Denial of Permit Application
o Real-time processing
Fee per Permit Fulfillment – if Performed by Data Ticket $1.25 Includes:
o Custom letter to Permittee o 1
st class postage
o Inclusion of permit
Other Correspondence $1.00
Includes:
o Annual renewal letters
o Electronic copy of letter is attached to
the permit account
o NSF Notification
o Other letters as defined by the City
o 1
st class postage
Data Ticket has not proposed to provide the actual permits. If the City would like for Data Ticket to supply the physical permits, we will work with the City to design the permits and assess a cost at that time.
Data Ticket, Inc.
Irvine, California
(949) 428-7240
City of Compton
Request for Proposals for Parking and
Administrative Processing Services
Page | 78
Handheld Hardware Cost Proposal
Data Ticket has provided the below cost proposal for three unique handheld devices (inclusive of protective covers). Please note, we have not provided pricing for the Apple IOS device. If that unit is preferable, we are happy to provide pricing to the City.
Two Piece Handheld Ticket Writer Pricing
Item
Samsung Galaxy Phone or Similar Device
3 Year Lease Price $41.00 / per month
Purchase Price $1,035.00
AND
Two Piece Handheld Printer Pricing
Item Zebra 4” Printer
3 Year Lease Price $34.00 / per month
Purchase Price $1,400.00
Handheld Associated Costs
Item Price
1st Year Software License Fee–
This is a one-time fee for the software application and all enhancements.
$500.00 per unit
Annual Software License Fee–
This for the software application and all enhancements. $150.00 per unit per year Software Maintenance/Support/ Troubleshooting–
Includes phone support M-F during regular business
hours, remote repair, and updates.
$20.00 per unit per month
Data Ticket, Inc.
Irvine, California
(949) 428-7240
City of Compton
Request for Proposals for Parking and
Administrative Processing Services
Page | 79
Training–
Onsite training at the Agency’s preferred location will be provided. Training typically takes place over the
course of a few hours and will be customized to meet
the Agency’s Requirements.
$600.00
Training – Virtual - $250.00
Ticket Stock–
To be quoted based on quantity and style options.
To Be Quoted
Optional - Replacement for Lost/Stolen/Damaged
Handheld Unit–
($175.00 deductible charged for each lost/stolen or
damaged unit)
$15.00 per unit per month
Optional - Hosted Data Plan–
Billed monthly as a straight pass-thru from either
Verizon or AT&T.
Actual Cost per unit per month
Data Ticket, Inc.
Irvine, California
(949) 428-7240
City of Compton
Request for Proposals for Parking and
Administrative Processing Services
Page | 80
Services Included in the Above Costs:
Online Access for the Agency’s Customers: Included
The Agency’s Customers will have the ability to perform the following functions online:
• View real-time citation(s) data
• Pay for a single or many citation(s)
• Request a 1st Level Administrative Review and attach up to three documents supporting their position
• Request a 2nd Level Administrative Hearing Request and attach up to three documents supporting their position
• Print a receipt
• View pictures of the citation taken by the issuing officer (if the Agency allows) Online Access for the Agency’s Staff: Included
Access to the Agency’s data is based on unique usernames and passwords assigned to everyone who requires access to the system. Data Ticket does not limit the number of individuals who have access to the system and the number and types of access can change at any point with a simple email request to Data Ticket.
Our Solution is setup to maintain a complete audit trail for each transaction in the system, therefore, the username is displayed next to every transaction in the system, indicating who performed the transaction and when.
Dependent on the access rights provided to each Agency Staff member, the following capabilities are available:
• View real-time citation(s) data, including pictures taken by the Issuing Officer • Accept payment via VISA, MasterCard, Discover and American Express credit/debit cards
• Accept payment via Cash, Check or Money Order
• Process NSFs, Chargebacks and Refunds
• Reduce or increase violation amounts, dismiss citations, void citations and place citations on hold
• Change citation data, including violations, date, time, plate, location, comments, make, model, color, registration expiration date and others • Perform Administrative Reviews online by entering the disposition directly online • Generate a time expired or letter of non-responsibility for a citation in the adjudication process
• View the complete reason for the Review Request and supporting documentation provided by the Appellant directly online
• Edit Appellant information
• Upload disposition documents sent to the Agency via US Mail • Add a note to a citation and see all comments added to the citation • View the reason for the 2nd Level Administrative Hearing Request online and view the supporting documentation provided by the Appellant, directly online • Print a receipt with or without registered owner information Data Ticket, Inc.
Irvine, California
(949) 428-7240
City of Compton
Request for Proposals for Parking and
Administrative Processing Services
Page | 81
Reporting: Included
• Data Ticket offers 24 reports online for our Clients to generate, print and re-print 24/7.
We provide real-time reports that can be generated for any timeframe required and we provide pre-processed/month-end reports that reflect the month-end view of data. • All reports are available online and because we do not purge data unless specifically requested to do so by a Client, the data is available if the Agency is a Client. • All reports are generated in HTML so our Clients can copy and paste the data into Excel for data manipulation purposes.
• If the Agency were to request a report that was not already available using the standard reports or report generator, Data Ticket would work with the Agency to design the report and provide it to the Agency at no cost.
Manual Payment Processing: Included
• Manually received payments (checks, cash, money orders and credit card payments sent via US Mail) are received at our PO Box in Newport Beach where a bonded and insured courier picks up the mail daily and delivers it to our Newport Beach office • On-site Mail Department opens, sorts and batches the payments before providing them to our on-site Data Entry Department
• After double-blind entry of each payment, the citations are updated by our Quality Assurance team
• Payments are then provided to our Accounting Department where daily deposit slips are completed and provided to a bonded, insured courier who takes them to the bank California Registered Owner Information: Included
• Registered owner information for all citations issued on California license plates • Turnaround time for acquisition of California registered owner information is same day
• Registered owner information for all citations issued on out of state license plates • Data Ticket is a recognized Strategic Partner with NLETs and has access to registered owner information nationwide real-time through NLETs service • Access to this system requires the use of the City’s ORI for tracking purposes only; Data Ticket will utilize its own ORI for actually acquiring the out of state RO data CA DMV Holds and Releases: Included
• California DMV Holds and Release performed daily via an online connection • Holds and releases can also be performed real-time, upon request • Citation amounts placed on hold are updated daily in the event a partial payment is made
Customer Service: Included
• Data Ticket provides a live, bi-lingual, on-site Customer Service Department that is fully trained to answer questions related to citation issuance, payment, adjudication, fix-it tickets, sign-offs, FTB, advanced credit reporting collections and more • All calls are recorded to quality assurance and recordings can be sent to the Agency at any time for review
Data Ticket, Inc.
Irvine, California
(949) 428-7240
City of Compton
Request for Proposals for Parking and
Administrative Processing Services
Page | 82
• Data Ticket’s IVR is bi-lingual and accessible via several toll-free numbers; the IVR provides real-time information to the caller regarding status, including the amount due • The IVR accepts VISA, MasterCard, Discover, and American Express Training No Charge
Onsite training at the City’s preferred location will be provided free of charge for both the handheld ticket writer training and the system training. Training typically takes place over the course of a few hours and will be customized to meet the City’s requirements.
Web Presence: Included
• Data Ticket’s Solution is 100% web-based and Section 508 Compliant and is provided at: www.CitationProcessingCenter.com; this is a generic website in the sense that it is not Agency branded. This website allows for the Agency and the Agency’s Customers to access citations online
• If the Agency prefers to have an Agency branded website, one in which the look and feel mimics that of the Agency’s website, Data Ticket can and will provide this feature to the Agency.
Cost Increases:
Postal Rate Increase Offset – If postal rates increase during the term of the agreement, fees to DTI shall be raised immediately to offset the effect of the actual postal rate increase.
CPI Increases – There will be NO CPI increases for the duration of the agreement.
Data Ticket, Inc.
Irvine, California
(949) 428-7240
City of Compton
Request for Proposals for Parking and
Administrative Processing Services
Page | 83
SECTION 5: REFERENCES
Data Ticket, Inc.
Irvine, California
(949) 428-7240
City of Compton
Request for Proposals for Parking and
Administrative Processing Services
Data Ticket, Inc.
Per the City’s request, below and on the following pages we have provided references for work currently being performed for Agencies with similar requirements as the City of Compton.
Reference #1
Customer Name City of Santa Barbara
Contact
Individual
Lori Pedersen. Business Manager, Strategic Operations & Personnel
Telephone No. Telephone: 805-897-2400
eMail Address [email protected]
Length of
Service Continuous since 2021
Description of
services
provided
• Administrative & parking citation processing
• Manual citation data entry
• Payment processing: checks, cash, money orders, credit / debit cards
• Integrated Voice Response System (IVR)
• Live bi-lingual Customer Service Representatives
• Adjudication support and management
• Administrative Hearing Scheduling services
• Delinquent citation processing
• Franchise Tax Board’s Interagency Intercept Program
• Daily bank deposits
• NSF and credit card chargeback processing
• Escrow Banking
• Net Monthly Remittance
• Weekly and monthly bank account reconciliation
• Refund processing and check issuance
Data Ticket, Inc.
Irvine, California
(949) 428-7240
City of Compton
Request for Proposals for Parking and
Administrative Processing Services
Page | 85
Reference #2
Customer Name City of Fremont
Contact
Individual Deirdre Rockefeller – Ramsey, Police Business Manager Telephone No. Telephone: 510-790-6991
eMail Address [email protected]
Length of
Service Continuous since 2009 for Parking and 2018 for Code Description of
services
provided
• Administrative and parking citation processing
• Manual citation data entry
• Payment processing: checks, cash, money orders, credit / debit cards
• Integrated Voice Response System (IVR)
• Live bi-lingual Customer Service Representatives
• Adjudication support and management
• Administrative Hearing Scheduling services
• Independent Administrative Hearing Officers
• Delinquent citation processing
• Franchise Tax Board’s Interagency Intercept Program
• Daily bank deposits
• NSF and credit card chargeback processing
• Escrow Banking
• Net Monthly Remittance
• Weekly and monthly bank account reconciliation
• Refund processing and check issuance
Data Ticket, Inc.
Irvine, California
(949) 428-7240
City of Compton
Request for Proposals for Parking and
Administrative Processing Services
Page | 86
Reference #3
Customer Name City of Concord
Contact
Individual Wendy Schwartzenberger, Parking Services Supervisor Telephone No. 925-671-8259
eMail Address [email protected]
Length of
Service Continuous since 2019
Description of
services
provided
• Administrative and parking citation processing
• Manual citation data entry
• Payment processing: checks, cash, money orders, credit / debit cards
• Integrated Voice Response System (IVR)
• Live bi-lingual Customer Service Representatives
• Mailed in requests for Administrative Hearings
• Administrative Hearing Scheduling services
• Independent Administrative Hearing Officers
• Delinquent citation processing
• Franchise Tax Board’s Interagency Intercept Program
• Daily bank deposits
• NSF and credit card chargeback processing
• Refund processing
Data Ticket, Inc.
Irvine, California
(949) 428-7240
City of Compton
Request for Proposals for Parking and
Administrative Processing Services
Page | 87
SECTION 6: ADDENDUME ACKNOWLEDGMENT
Data Ticket, Inc.
Irvine, California
(949) 428-7240
City of Compton
Request for Proposals for Parking and
Administrative Processing Services
Page | 88
February 20, 2024
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: CITY CONTROLLER
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COMPTON AUTHORIZING THE CITY MANAGER TO ENTER
INTO A MULTI-YEAR AGREEMENT WITH IGM TECHNOLOGY
CORP (GRAVITY) ($14,610) AND ISSUE A PURCHASE ORDER
TO IGM TECHNOLOGY CORP (GRAVITY) FOR SUBSCRIPTIONBASED INFORMATION TECHNOLOGY ARRANGEMENTS (SBITA) IMPLEMENTATION SOFTWARE SERVICES ($6,000)
SUMMARY
Adoption of the attached Resolution will authorize the City Manager to accept the proposal, execute a three (3) year agreement for Fourteen Thousand, Six Hundred Ten Dollars ($14,610) along with authorization to extend the term of the agreement for two (2) additional years, and establish a Purchase Order for IGM Technology Corp (Gravity) for Six Thousand Dollars ($6,000) for Subscription-Based Information Technology Arrangements (SBITA) Software Services for the first year of service.
BACKGROUND
As of the completion of the audit for the fiscal year ending June 30, 2023, the City is required to implement GASB 96 which is a recent Governmental Accounting Standards Board (GASB) accounting pronouncement which provides guidance on the changes to accounting and financial reporting for Subscription-Based Information Technology Arrangements (SBITAs) for government end users (governments). The objective of GASB 96 is to better meet the informational needs of financial statement users by improving accounting and financial reporting for SBITAs by governments. GASB 96 requires reporting agencies to recognize a right-to-use subscription Information Technology (IT) asset (the intangible asset). GASB defines a SBITA as a contract that conveys control of the right to use another entity’s (a SBITA vendor’s) information technology software, alone or in conjunction with tangible capital assets. This conveyance of control is specified for a period of time in an exchange or exchange-like transaction. It establishes a single model for SBITA accounting based on the foundational principle that SBITAs, like leases, are financings of the right to use an underlying asset.
11. Staff Report – A Resolution Authorizing A Multi-Year Agreement and Purchase Order to IGM Technology (Gravity) For SBITA Implementation Software Services February 20, 2024