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
03/26/2024
CLOSED SESSION 4:30 PM
PUBLIC MEETING 5:30 PM
CITY COUNCIL CHAMBERS
205 SOUTH WILLOWBROOK AVENUE
COMPTON, CALIFORNIA 90220
OPENING
MOMENT OF SILENCE
PLEDGE OF ALLEGIANCE
ROLL CALL
PUBLIC COMMENTS ON CLOSED SESSION ITEMS ONLY
CLOSED SESSION
ONGOING LITIGATION:
Craig J. Cornwell vs. City of Compton
Los Angeles County Superior Court Case No. 22STCV07996
Pursuant to Gov. Code Sections 54956.9(a), 54956.9(d)(1) -2- City Council Agenda
3/26/2024 5:30PM
PUBLIC MEETING – 5:30 PM
REPORT ON CLOSED SESSION ACTION(S)
COMMENDATORY RESOLUTIONS/PRESENTATIONS
1. PRESENTATION: IN RECOGNITION OF NATIONAL WOMEN'S MONTH - COMMUNITY BUSINESS APPRECIATION (Councilmembers Deidre Duhart, Andre Spicer, Jonathan Bowers and Lillie Darden)
2. PRESENTATION: RECOGNITION FOR WOMEN HISTORY MONTH - HONORING WOMEN TRAILBLAZERS (Mayor Emma Sharif)
PUBLIC COMMENTS ON AGENDA ITEMS AND NON-AGENDA MATTERS
REGULAR AGENDA
NEW BUSINESS
3. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON
AUTHORIZING THE CITY MANAGER TO ESTABLISH A PURCHASE ORDER TO JOHNSON CONTROLS, INC. FOR THE REPLACEMENT OF A TEMPERATURE
SENSOR AND FLOW SWITCH FOR THE HVAC SYSTEM LOCATED AT
COMPTON CITY HALL ($2,524.81)
4. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AMENDING THE FIRE DEPARTMENTS' 2023-2024 FISCAL YEAR BUDGET TO
TRANSFER FUNDS AND AUTHORIZING THE CITY MANAGER TO ISSUE A
PURCHASE ORDER WITH FUTURE BUILDINGS FOR THE PURCHASE OF A
METAL STORAGE CLEARANCE BUILDING TO HOUSE THE FIRE
DEPARTMENTS RESERVE FLEET ($45,000.00)
5. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON
AUTHORIZING THE CITY MANAGER TO ENTER INTO A PROFESSIONAL
SERVICES AGREEMENT WITH MATRIX CONSULTING GROUP FOR FIRE
LABOR COSTING ANALYSIS SERVICES, AMEND THE CITY CONTROLLER'S DEPARTMENT FY2023-2024 BUDGET, AND TO ISSUE A PURCHASE ORDER
IN THE AMOUNT OF FIFTY-SEVEN THOUSAND FIVE HUNDRED DOLLARS ($57,500).
-3- City Council Agenda
3/26/2024 5:30PM
COUNCIL COMMENTS
ADJOURNMENT
NEXT REGULAR MEETING: 4/2/2024 5:30PM
Visit our website at http://www.comptoncity.org
March 26, 2024
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: GENERAL SERVICES DEPARTMENT
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON
AUTHORIZING THE CITY MANAGER TO ESTABLISH A PURCHASE
ORDER TO JOHNSON CONTROLS, INC. FOR THE REPLACEMENT OF
A TEMPERATURE SENSOR AND FLOW SWITCH FOR THE HVAC
SYSTEM LOCATED AT COMPTON CITY HALL ($2,524.81)
SUMMARY
The adoption of this resolution will authorize the City Manager to issue a purchase order to Johnson Controls, Inc. for the replacement of the temperature sensor and flow switch for the York Chillers located at Compton City Hall in the amount not to exceed Two Thousand, Five Hundred Twenty-Four Dollars and Eighty-One Cents ($2,524.81).
BACKGROUND
The General Services Department is responsible for maintaining city-wide facilities. On April 18, 2023, the Mayor and City Council approved Resolution No. 25,821 authorizing the City Manager to enter into an agreement with Johnson Controls, Inc. for the preventative maintenance services of the heating and cooling system at Compton City Hall.
On January 8, 2024, staff arranged the maintenance service and assessment of the machinery. The routine inspection was conducted by staff and the JCI technician, who identified a failure in both York Chiller units. The York Chiller 1 unit had a malfunctioning temperature sensor, and the York Chiller 2 unit had a jammed flow switch, both caused by normal wear and tear.
The temperature sensors are crucial components of York chillers. They help regulate the cooling process within York chillers, ensuring the system operates at optimal temperatures for efficient heat exchange. The sensors constantly monitor temperatures for real-time assessment of the chiller’s performance, facilitating early detection of irregularities. In addition, temperature sensors prevent the overheating of critical components within the chiller, thus protecting against potential damage and ensuring the longevity of the equipment.
The flow switch is crucial for a York chiller as it monitors the flow of water through the system. It helps ensure proper circulation, preventing issues like overheating the system, which could cause damage. Additionally, the flow switch plays a vital role in the chiller by
3. Staff Report – Resolution Authorizing
P.O. to Johnson Controls, Inc.
March 26, 2024, Page 2
signaling if the flow drops below a specified level, thus maintaining operational efficiency and preventing potential damage.
The temperature sensors and the flow switch are indispensable in York chillers for maintaining efficient cooling, monitoring performance, preventing overheating, optimizing energy usage, and facilitating early detection of potential issues.
STATEMENT OF THE ISSUE
On February 11, 2024, staff obtained a proposal from Johnson Controls, Inc. to repair the temperature sensor and flow switch for the chiller units located at Compton City Hall.
Pursuant to Resolution No. 25,001, adopted by the City Council on April 23, 2019, the City Manager is authorized to expend up to $25,000.00 to any one single vendor in a fiscal year. The City, however, has reached the threshold amount for this vendor (Johnson Controls, Inc.) for Fiscal Year 2023-2024, and thus, City Council’s approval is required for this item.
FINANCIAL IMPACT
Funds in the amount of Two Thousand, Five Hundred Twenty-Four Dollars and Eighty-One Cents ($2,524.81) are available in the 2023-2024 Fiscal Year budget in Account No. 1004-600-000-4236.
ALTERNATIVE
No other alternative is being proposed at this time.
RECOMMENDATION
It is recommended that the Mayor and City Council adopt the attached Resolution.
NEBRASKA JONES
DIRECTOR OF GENERAL SERVICES
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 ESTABLISH A PURCHASE
ORDER TO JOHNSON CONTROLS, INC. FOR THE REPLACEMENT OF A
TEMPERATURE SENSOR AND FLOW SWITCH FOR THE HVAC SYSTEM
LOCATED AT COMPTON CITY HALL ($2,524.81)
WHEREAS, on April 18, 2024, the Mayor and City Council approved Resolution No. 25,821 authorizing the City Manager to enter into an agreement with Johnson Controls, Inc. for the preventative maintenance services of the heating and cooling system located at Compton City Hall; and
WHEREAS, on January 8, 2024, staff scheduled the preventative maintenance service and assessment of the equipment; and
WHEREAS, the inspection concluded that both York Chiller units were malfunctioning; Chiller 1 had a malfunctioning temperature sensor, and Chiller 2 had a jammed flow switch, both caused by normal wear and tear; and WHEREAS, temperature sensors are crucial components in York chillers, they help regulate the cooling process within the units, ensuring that the system operates at optimal temperatures for efficient heat exchange; and
WHEREAS, the flow switch is crucial for a York chiller as it monitors the flow of water through the system it helps ensure proper circulation, preventing issues like overheating the system; and
WHEREAS, on February 11, 2024, staff obtained a proposal from Johnson Controls, Inc. to repair the temperature sensor and flow switch for the chiller units located at Compton City Hall; and
WHEREAS, pursuant to Resolution No. 25,001, adopted by the City Council on April 23, 2019, the City Manager is authorized to expend up to $25,000.00 to any one single vendor in a fiscal year. The City, however, has reached the threshold amount for this vendor (Johnson Controls, Inc.) for Fiscal Year 2023-2024, and thus, City Council’s approval is required for this item.
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 establish a purchase order to Johnson Controls, Inc. in the amount not to exceed Two Thousand, Five Hundred Twenty-Four Dollars and Eighty-One Cents ($2,524.81) from Account No. 1004-600-000-4236 for the repair and installation of the York Chiller 1 temperature sensor and York Chiller 2 flow switch located at City Hall.
SECTION 2. That funds in the amount of Two Thousand, Five Hundred TwentyFour Dollars and Eighty-One Cents ($2,524.81) are available in the General Services Department 2023-2024 Fiscal Year budget in Account No. 1004-600-000-4236.
SECTION 3. That a copy of this Resolution shall be filed in the offices of the City Manager, City Controller, City Clerk, City Attorney and General Services.
SECTION 4. 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 this ______ day of ________________, 2024.
That said Resolution was adopted by the following vote to wit:
AYES: COUNCIL MEMBERSNOES: COUNCIL MEMBERSABSENT: COUNCIL MEMBERSABSTAIN: COUNCIL MEMBERS- _____________________________________
CITY CLERK OF THE CITY OF COMPTON
March 26, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: CITY OF COMPTON FIRE CHIEF
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AMENDING THE FIRE DEPARTMENTS’ 2023-2024 FISCAL YEAR BUDGET TO
TRANSFER FUNDS BETWEEN ACCOUNTS AND AUTHORIZING THE CITY
MANAGER TO ISSUE A PURCHASE ORDER WITH FUTURE BUILDINGS FOR
THE PURCHASE OF A METAL STORAGE CLEARANCE BUILDING TO HOUSE THE FIRE DEPARTMENTS’ RESERVE FLEET ($45,000.00)
SUMMARY
Adoption of this resolution is needed to authorize the City Manager to establish and issue a purchase order for Forty-Five Thousand Dollars and Zero Cents ($45,000.00) with Future Buildings for the purchase of a metal storage clearance building to house fire department’s reserve fleet.
BACKGROUND
The majority of the City’s Fire Engines along with the equipment currently in use are over fourteen (14) years old or older and due to the high volume of emergency responses, the costs of repair to an aging fleet are continuing to increase.
Four (4) Fire Engines and One (1) Ladder Truck were purchased in fiscal year 2022-2023 budget and are due to arrive in March of 2024. These vehicles will be fully equipped with the necessary firefighting equipment & rescue tools with related supplies and accessories needed to perform the day-to-day operations.
Once the new Fire Fleet is in use, the Department will evaluate all the Fire Apparatuses and determine which ones will remain as our Reserve Fleet. The Reserve Fleet will need to be housed in an enclosed structure to protect them from the elements.
STATEMENT OF ISSUE
Staff solicited three quotes for the purchase of a clearance building to house the Reserve Fleet that will be located at Fire Station #3 from the following vendors to wit:
Future Buildings - $45,000.00
General Steel Buildings - $53,997.00
Lion Buildings - $61,634.66
4. Staff Report – Future Buildings
page 2, March 26, 2024
After reviewing the quotes that were submitted, staff determined that the needs of the Department would be best met by Future Buildings because they provided the lowest most responsible quote for the purchase of a clearance building City Council approval is needed because the expenditure is in excess of $25,000.00 Dollars.
FISCAL IMPACT
The estimated purchase of the clearance building is Forty-Five Thousand Dollars and Zero Cents ($45,000.00). The Department’s 2023-2024 Fiscal Year budget will need to be amended to transfer funds between accounts as follows:
From: Description Amount
1004-690-000-4238 Special Projects $45,000.00
To: Description Amount
1001-690-000-4300 Capital Outlay $45,000.00
After the proposed transfer, the funds will be paid from:
Account No. Description Amount
1001-690-000-4300 Capital Outlay $45,000.00
RECOMMENDATION
Staff recommends that Council adopt the attached Resolution.
RONERICK SIMPSON
FIRE CHIEF
APPROVED FOR FORWARDING
WILLIE A. HOPKINS, JR
CITY MANAGER
RESOLUTION NO. ______________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AMENDING THE FIRE DEPARTMENTS’ 2023-2024 FISCAL YEAR
BUDGET TO TRANSFER FUNDS BETWEEN ACCOUNTS AND
AUTHORIZING THE CITY MANAGER TO ISSUE A PURCHASE ORDER
WITH FUTURE BUILDINGS FOR THE PURCHASE OF A METAL
STORAGE CLEARANCE BUILDING TO HOUSE THE FIRE
DEPARTMENTS’ RESERVE FLEET ($45,000.00)
WHEREAS, the Compton Fire Department ((“Department”) responds to over 12,000 incidents each year, including fires, vehicle accidents, medical and other emergencies; and
WHEREAS, the Departments fire apparatuses along with the equipment currently in use are over fourteen (14) years old or older and due to the high volume of emergency responses, the costs of repair to an aging fleet will continue to increase; and WHEREAS, four (4) new fire engines and one (1) ladder truck were purchased in fiscal year 2022-2023 budget and are due to arrive in March of 2024; and WHEAREAS, once the new fire fleet is in use, the Department will evaluate all fire apparatuses and determine which ones will remain as our reserve fleet; and WHEREAS, the reserve fleet will need to be housed in an enclosed structure to protect them from the elements; and
WHEREAS, staff has solicited three (3) quotes for the purchase of a clearance building to house the reserve fleet that will be located at Fire Station #3:
Future Buildings - $45,000.00
General Steel Buildings - $53,997.00
Lion Buildings - $61,634.66
WHEAREAS, after reviewing the quotes, it has been determined by staff that Future Buildings submitted the lowest most responsible quote that meet the needs of the Fire Department; and
WHEAREAS, the 2023-2024 Fiscal Year budget will need to be amended.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COMPTON DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. That the Department’s 2023-2024 Fiscal Year budget will need to be amended to transfer funds between accounts as follows:
From: Description Amount
1004-690-000-4238 Special Projects $45,000.00
To: Description Amount
1001-690-000-4300 Capital Outlay $45,000.00
After the proposed transfer, the funds will be paid from:
Account No. Description Amount
1001-690-000-4300 Capital Outlay $45,000.00
Resolution No. __________
SECTION 2. That the City Manager is hereby authorized to establish and issue a purchase order to Future Buildings in an amount not-to-exceed Forty-Five Thousand Dollars and Zero Cents from Account No. 1001-690-000-4300 for use by the Fire Department ($45,000.00).
SECTION 3. That funds for this expenditure are available in Fiscal Year 2023- 2024 Budget in Account No. 1001-690-000-4300.
SECTION 4. That a copy of this resolution shall be forwarded to the offices of the City Clerk, City Manager, City Attorney, City Controller and the Fire Department.
SECTION 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
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 MEMBERNOES: COUNCIL MEMBERABSENT: COUNCIL MEMBERABSTAIN: COUNCIL MEMBER- ___________________________________
CITY CLERK OF THE CITY OF COMPTON
March 26, 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
PROFESSIONAL SERVICES AGREEMENT WITH MATRIX CONSULTING
GROUP FOR FIRE LABOR COSTING ANALYSIS SERVICES, AMEND THE CITY CONTROLLER’S DEPARTMENT FY2023-2024 BUDGET, AND TO
ISSUE A PURCHASE ORDER IN THE AMOUNT OF FIFTY-SEVEN
THOUSAND FIVE HUNDRED DOLLARS ($57,500).
SUMMARY
Staff is requesting that the City Council consider adopting a Resolution authorizing the City Manager to enter into a professional services agreement with Matrix Consulting Group to provide Fire Labor Costing Analysis services to the City, amend the City Controller’s Department FY2023-2024 Budget, and to issue a Purchase Order for the amount of FiftySeven Thousand Five Hundred Dollars ($57,500) for services to be provided by Matrix Consulting Group.
BACKGROUND
In accordance to the findings listed on page 6 in the State Auditor’s Report of the City of Compton dated October 2022, the City “should develop a policy that describes how the City will determine the amount of fire department overtime it budgets each year and perform an analysis that compares the cost of this overtime to the cost of hiring additional firefighters to reduce the need for overtime.”
The City’s cost for overtime for the Fire Department is a concerned topic of interest, as it has been a great burden on the City’s General Fund. In FY2021-2022 and FY2022-2023, Fire has generated overtime cost of $4,0424,068.87 and $4,230,956.52, respectively. The appropriation amount for FY2021-2022 and FY2022-2023 was $1.8 million dollars for each year. In both fiscal years, Fire’s overtime cost has exceeded the appropriated amount by over $2 million dollars, in each year.
*Please see Exhibits A and B for Fire’s Overtime Expenditure Reports for FY2021-2022 and FY2022-2023.
*Please see Exhibit C for page 6 of the State Auditor’s Report
5. Staff Report – Resolution Authorizing Agreement
Matrix Consulting Group (Fire Labor Costing Analysis)
March 26, 2024
Page. 2
STATEMENT OF ISSUE
In response to the State Auditors Report in October 2022, City staff released an RFP in November 2023 for Fire Labor Costing Analysis to obtain a cost analysis of the Fire Department staff overtime. Matrix Consulting Group was the only respondent to the RFP issued on November 07, 2023 that the City received. The RFP was published on the City’s Website, the California Society of Municipal Finance Officers (CSMFO) website, and in the Compton Bulletin newspaper.
Staff reviewed the proposal, and an interview was conducted by staff from the City Management Office, the Controller’s Department, and the Fire Department. During the interview, Matrix Consulting Group was asked a series of questions and were allowed to present their experience and capabilities of their firm. After conducting the interview and reviewing the proposal, staff has determined that Matrix Consulting Group possesses adequate knowledge and experience to conduct the Labor Costing Analysis for the Fire overtime cost.
Staff believes that it is in the City’s best interest to have this analysis conducted to assist with labor management, forecasting, and budgeting, which is in adherence to the recommendation mentioned in the State Auditor’s Report.
Staff is requesting authorization be given to enter into an agreement with Matrix Consulting Group for Labor Costing Analysis Services for the Fire Department’s overtime cost, and to open a Purchase Order in the amount of Fifty-Seven Thousand Five Hundred Dollars ($57,500) for services to be provided by Matrix Consulting Group.
FISCAL IMPACT
Per the proposal, Matrix Consulting Group’s cost for conducting the Labor Costing Analysis for Fire’s overtime is not- to- exceed Fifty-Seven Thousand Five Hundred Dollars ($57,500) for services to be provided.
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 $57,500
Other Federal Grant Revenue
Increase in Expenditure appropriations:
Staff Report – Resolution Authorizing Agreement
Matrix Consulting Group (Fire Labor Costing Analysis)
March 26, 2024
Page. 3
Account Code Account Name Amount
2810-650-000-4266 American Rescue Plan Fund $57,500
Contract Services
A Purchase Order is also requested at this time for Matrix Consulting Group in the amount of Fifty-Seven Thousand Five Hundred Dollars ($57,500) for services to be provided by Matrix Consulting Group from the following account:
Account Code Account Name Amount
2810-650-000-4266 Contract Services $57,500
RECOMMENDATION
Staff recommends the City Council to adopt the attached Resolution to authorize the City Manager to enter into an agreement with Matrix Consulting Group, and also authorize the City Manager to open a Purchase Order in the amount of Fifty-Seven Thousand Five Hundred Dollars ($57,500) for services to be provided by Matrix Consulting Group.
SHARON RAHBAN NAVIZADEH
CITY CONTROLLER
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
PROFESSIONAL SERVICES AGREEMENT WITH MATRIX
CONSULTING GROUP FOR FIRE LABOR COSTING ANALYSIS
SERVICES, AMEND THE CITY CONTROLLER’S DEPARTMENT
FY2023-2024 BUDGET, AND TO ISSUE A PURCHASE ORDER IN THE
AMOUNT OF FIFTY-SEVEN THOUSAND FIVE HUNDRED DOLLARS
($57,500).
WHEREAS, in accordance to the findings listed on page 6 in the State Auditor’s Report of the City of Compton dated October 2022, the City “should develop a policy that describes how the city will determine the amount of fire department overtime it budgets each year and perform an analysis that compares the cost of this overtime to the cost of hiring additional firefighters to reduce the need for overtime”; and WHEREAS, the City’s cost for overtime for the Fire Department is a concerned topic of interest, as it has been a great burden on the City’s General Fund; and WHEREAS, in FY2021-2022 and FY2022-2023, Fire has generated overtime cost of $4,0424,068.87 and $4,230,956.52, respectively, but the budgeted amount was $1.8 million dollars for each year, ultimately leading to Fire’s overtime cost exceeding the appropriated amount by over $2 million dollars in each year; and WHEREAS, in response to the State Auditors Report in October 2022, City staff released an RFP, that was published on the City’s Website, the California Society of Municipal Finance Officers (CSMFO) website, and in the Compton Bulletin newspaper, in November 2023 for Fire Labor Costing Analysis to obtain a cost analysis of the Fire Department’s staff overtime, for which Matrix Consulting Group was the only respondent to the RFP that the City received; and
WHEREAS, staff reviewed the proposal, and an interview was conducted by staff from the City Management Office, the Controller’s Department, and the Fire Department.
During the interview, Matrix Consulting Group was asked a series of questions and were allowed to present their experience and capabilities of their firm. After conducting the interview and reviewing the proposal, staff has determined that Matrix Consulting Group possesses adequate knowledge and experience to conduct the Labor Costing Analysis for the Fire overtime cost; and
WHEREAS, staff believes that it is in the City’s best interest to have this analysis conducted to assist with labor management, forecasting, and budgeting, which is in adherence to the recommendation mentioned in the State Auditor’s Report; and WHEREAS, staff is requesting authorization be given to enter into an agreement with Matrix Consulting Group for Labor Costing Analysis Services for the Fire Department’s overtime cost, and to open a Purchase Order in the amount of Fifty-Seven Thousand Five Hundred Dollars ($57,500) for services to be provided by Matrix Consulting Group; and
WHEREAS, per the proposal, Matrix Consulting Group’s cost for conducting the Labor Costing Analysis for Fire’s overtime is not- to- exceed Fifty-Seven Thousand Five Hundred Dollars ($57,500) for services to be provided; and WHEREAS, 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 $57,500
Other Federal Grant Revenue
Resolution No. _________
2 Increase in Expenditure appropriations:
Account Code Account Name Amount
2810-650-000-4266 American Rescue Plan Fund $57,500
Contract Services
WHEREAS, a Purchase Order is also requested at this time for Matrix Consulting Group in the amount of Fifty-Seven Thousand Five Hundred Dollars ($57,500) for services to be provided by Matrix Consulting Group from the following account:
Account Code Account Name Amount
2810-650-000-4266 Contract Services $57,500
WHEREAS, Staff recommends the City Council to adopt the attached Resolution to authorize the City Manager to enter into an agreement with Matrix Consulting Group, amend the City Controller’s Department FY2023-2024 Budget, and authorize the City Manager to open a Purchase Order in the amount of Fifty-Seven Thousand Five Hundred Dollars ($57,500) for services to be provided by Matrix Consulting Group; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COMPTON DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. That the City Manager, on the advice and approval of the City Attorney, is hereby authorized to enter into a professional services agreement with Matrix Consulting Group to provide Fire Labor Costing Analysis services to the City.
SECTION 2. That the City Controller’s Department Fiscal Year 2023-2024 Budget is authorized to be amended as follows:
Increase in Revenue appropriations:
Account Code Account Name Amount
2810-000-000-3565 American Rescue Plan Fund $57,500
Other Federal Grant Revenue
Increase in Expenditure appropriations:
Account Code Account Name Amount
2810-650-000-4266 American Rescue Plan Fund $57,500
Contract Services
SECTION 3. That a purchase order is authorized to be established in the amount of $57,500 from Account No. 2810-650-000-4266 - Contracted Services for Fire Labor Costing Analysis services provided by Matrix Consulting Group.
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.
Resolution No. _________
3 ________________________________
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
Expenditure Report by Fund
CITY OF COMPTON
EXPENDITURE REPORT
07/01/21 THROUGH 06/30/22
(ADHOC REPORT NAME: EXPENRPT.RDF.ADMIN)
TOTAL ENCMBRNC OTSTNDNG EXPENDITURES YEAR TO DATE UNENCUMBERED %
APPROPRIATION THIS PRD ENCMBRNC THIS PERIOD EXPENDITURES BALANCE USED ============================ ================ ======== ======== ============== ================ ================== ========= FOR 1001 69 FIRE DEPARTMENT
1001690000 FIRE
4171 OVERTIME 1,800,000.00 0.00 0.00 636,947.76 4,024,068.87 (2,224,068.87) 223.56 TOTAL: 1001690000 1,800,000.00 0.00 0.00 636,947.76 4,024,068.87 (2,224,068.87) 223.56 TOTAL: PERSONNEL 1,800,000.00 0.00 0.00 636,947.76 4,024,068.87 (2,224,068.87) 223.56 **TOTALS FOR FIRE DEPARTMENT 1,800,000.00 0.00 0.00 636,947.76 4,024,068.87 (2,224,068.87) 223.56 RUN 02/29/24 9:02 AM
UNAUDITED
Expenditure Report by Fund
CITY OF COMPTON Page 2
EXPENDITURE REPORT
07/01/21 THROUGH 06/30/22
(ADHOC REPORT NAME: EXPENRPT.RDF.ADMIN)
TOTAL ENCMBRNC OTSTNDNG EXPENDITURES YEAR TO DATE UNENCUMBERED %
APPROPRIATION THIS PRD ENCMBRNC THIS PERIOD EXPENDITURES BALANCE USED ============================ ================ ======== ======== ============== ================ ================== ========= FUND TOTALS FOR GENERAL FUND 1,800,000.00 0.00 0.00 636,947.76 4,024,068.87 (2,224,068.87) 223.56 GRAND TOTAL 1,800,000.00 0.00 0.00 636,947.76 4,024,068.87 (2,224,068.87) 223.56 RUN 02/29/24 9:02 AM
UNAUDITED
•••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••
UNAUDITED
Expenditure Report by Fund
CITY OF COMPTON
EXPENDITURE REPORT
07/01/22 THROUGH 06/30/23
(ADHOC REPORT NAME: EXPENRPT.RDF.ADMIN)
TOTAL ENCMBRNC OTSTNDNG EXPENDITURES YEAR TO DATE UNENCUMBERED %
APPROPRIATION THIS PRD ENCMBRNC THIS PERIOD EXPENDITURES BALANCE USED ============================ ================ ======== ======== ============== ================ ================== ========= FOR 1001 69 FIRE DEPARTMENT
1001690000 FIRE
4171 OVERTIME 1,800,000.00 0.00 0.00 340,161.31 4,230,956.52 (2,430,956.52) 235.05 TOTAL: 1001690000 1,800,000.00 0.00 0.00 340,161.31 4,230,956.52 (2,430,956.52) 235.05 TOTAL: PERSONNEL 1,800,000.00 0.00 0.00 340,161.31 4,230,956.52 (2,430,956.52) 235.05 **TOTALS FOR FIRE DEPARTMENT 1,800,000.00 0.00 0.00 340,161.31 4,230,956.52 (2,430,956.52) 235.05 RUN 02/29/24 9:02 AM
UNAUDITED
Expenditure Report by Fund
CITY OF COMPTON Page 2
EXPENDITURE REPORT
07/01/22 THROUGH 06/30/23
(ADHOC REPORT NAME: EXPENRPT.RDF.ADMIN)
TOTAL ENCMBRNC OTSTNDNG EXPENDITURES YEAR TO DATE UNENCUMBERED %
APPROPRIATION THIS PRD ENCMBRNC THIS PERIOD EXPENDITURES BALANCE USED ============================ ================ ======== ======== ============== ================ ================== ========= FUND TOTALS FOR GENERAL FUND 1,800,000.00 0.00 0.00 340,161.31 4,230,956.52 (2,430,956.52) 235.05 GRAND TOTAL 1,800,000.00 0.00 0.00 340,161.31 4,230,956.52 (2,430,956.52) 235.05 RUN 02/29/24 9:02 AM
UNAUDITED
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UNAUDITED
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
CITY OF COMPTON
AND
MATRIX CONSULTING GROUP, LTD
This AGREEMENT is entered by and between the CITY OF COMPTON, a municipal corporation of the State of California (hereinafter referred to as “City”) located at 205 South Willowbrook Avenue, Compton, California 90220, and Matrix Consulting Group, Ltd. (hereinafter referred to as “Consultant”), located at 1650 S Amphlett Blvd. Suite 213, San Mateo, CA 94402
RECITALS:
WHEREAS, the City has determined that it will be prudent to engage the services of a professional and experienced Consultant to assist the City with Fire Labor Costing Analysis; and WHEREAS, Consultant warrants that it is specifically trained, experienced, competent, and has the resources to provide such services which will be required by this Agreement; and WHEREAS, Consultant is willing to render such professional services subject to the terms and conditions set forth in this Agreement.
NOW, THEREFORE, Consultant and City, for the consideration, terms and conditions herein described, mutually agree as follows:
AGREEMENT:
1. SCOPE OF SERVICES TO BE RENDERED BY CONSULTANT
It is the mutual understanding of the parties that the Consultant shall perform and be responsible for rendering consulting services regarding Fire Labor Costing. Professional services shall include, but not be limited to, the Task(s) indicated below:
Task(s) – Fire Labor Costing Analysis:
• Develop a cost analysis to help determine the cost drivers of Fire Department overtime budgeted each year
• Determine if it is more cost effective for the City to pay overtime to the Fire Department staff in comparison with the cost of hiring additional firefighters • Perform a review of payroll patterns, timecard processes, and the Memorandum of Agreement (MOA) with each respective Union
• Perform an analysis of salary, benefits, and cost plan data for the Fire Department staff
• Perform a determination of overtime causes and/or excessive use for the Fire Department staff
• Make recommendations for reducing the Fire Department’s overtime that is efficient and effective for City Management
Professional Services Agreement – Matrix Consulting Group, Ltd. For Fire Labor Costing Analysis 2 • Conduct interviews and document review to identify trends, parameters, and service level demands which impact overtime usage
• Develop a summary understanding of the current approaches to staffing, management and operations, and its impact on the utilization of overtime • Evaluate methods used by other Fire Departments to control their overtime costs and evaluate compatibility and feasibility with the Compton Fire Department, and provide recommendations for the City Management to implement • Develop a comparative assessment to gain perspectives on overtime utilization in the Fire service
• Conduct a detailed analysis of overtime utilization and expenditures • Evaluate alternative approaches to managing overtime
• Prepare reports of analysis and recommendations for City Management Consultant acknowledges that in entering into this Agreement, the City is relying on the Consultant's special skills and experience to do and perform the services in accordance with best standards of professional practice. While performing the services, Consultant agrees to perform all the said work and furnish all the necessary materials at its own cost and expense necessary to complete said services in a manner consistent with the degree of care and skill ordinarily exercised by members of the same profession which are currently practicing under similar circumstances, and to the reasonable satisfaction of the City.
Consultant services hereunder shall be performed in good, workmanlike and professional manner. Consultant shall be responsible for correcting and completing all errors and omissions related to the services provided by the Consultant for this Agreement at no additional cost to the City. “Errors” and “Omissions” for purposes of this paragraph are defined to mean a failure by the Consultant to meet the standards of its profession as set forth in the preceding paragraph.
The acceptance of the services by City does not release Consultant from these obligations.
Consultant will be responsible for employing or engaging all persons necessary to perform the services. All of Consultant's staff will be qualified by training and experience to perform their assigned tasks. Consultant will give its personal attention to the fulfillment of the provisions of this Agreement by all of its employees and subcontractors, if any, and will keep the services under its control. On demand of the City, if any employee or subcontractor of Consultant fails or refuses to carry out the provisions of this Agreement or appears to be incompetent or to act in a disorderly or improper manner, he or she will be discharged immediately from the services.
Robert Finn will serve as the Project Manager and shall be primarily responsible for representing the Consultant in the performance of this Agreement.
2. Duration of Contract. Consultant agrees to commence the services provided for herein upon written Notification to Proceed from the City and to continue in a diligent and professional manner until the project is complete, or upon exhaustion of authorized funding, whichever occurs first, unless this Agreement is terminated as provided herein. The parties anticipate that Consultant’s services will be completed by December 31, 2024.
Consultant will generally adhere to the schedule set forth within Consultant’s Proposal provided that City will grant reasonable extensions of time for the performance of the services occasioned by unusually lengthy governmental reviews of Consultant’s work product or other unavoidable delays occasioned by unforeseen circumstances; provided, further, that such unavoidable delay will not include strikes, lockouts, work stoppages, or other labor disturbances conducted by, or on behalf of, Consultant’s officers or employees.
Professional Services Agreement – Matrix Consulting Group, Ltd. For Fire Labor Costing Analysis 3 Consultant acknowledges the importance of the City’s project schedule and agrees to put forth its best professional efforts to perform the services in a manner consistent with that schedule.
City understands, however, that Consultant’s performance must be governed by sound practices.
Consultant will work such overtime or engage such personnel and equipment as necessary to maintain the schedule, without additional compensation.
3. Compensation. The method of payment for these services will be billed on a time and out-of-pocket expenses basis, as identified in the Consultant’s attached/incorporated Proposal (See Exhibit A). The total price paid to the Consultant will include compensation for all work, including travel, materials, supplies, vendor services, expenses and subcontracted work.
No additional compensation will be paid to the Consultant, unless there is a change in the scope of the work or the scope of the project. In the instance of a change in the scope of work or scope of the project, adjustment to the total compensation will be negotiated between the Consultant and the City. Adjustment in the total compensation will not be effective until authorized and approved in writing by the City.
Progress payments may be made in arrears based on the percentage of work and deliverables completed by the Consultant. If Consultant fails to submit the required deliverable items according to schedule or as required by the Agreement, except for those amounts that are due and not reasonably in dispute, the City shall have the right to delay payment and/or terminate this Agreement in accordance with the provisions noted herein.
Consultant shall be reimbursed within sixty (60) days, or as promptly as fiscal procedures may permit, upon receipt by the City of itemized invoices for services completed. Invoices shall be submitted no later than 45 calendar days after the performance of work for which the Consultant is billing. Invoices shall detail the work performed on each task as applicable. Invoices shall be delivered or mailed to the City Controller’s Department at the following address: City of Compton, 205 South Willowbrook Avenue, Compton, California 90220.
The Consultant is required to comply with all federal, state and local laws and ordinances applicable to the services provided under this Agreement.
As full and complete compensation for performance of all the services performed by the Consultant as described in Section 1 of this Agreement, City shall pay, and Consultant agrees to accept, a not-to-exceed maximum sum of Fifty-Seven Thousand Five Hundred Dollars ($57,500)
Consultant agrees to provide all professional services at the following hourly rates:
Partners (26 Hrs.) $300.00 per
Managers (132 Hrs.) $200.00 per
Staff (132 Hrs.) $150.00 per
Additional Cost:
Transportation $3,500.00
In the event of termination, the Consultant shall be entitled to compensation for the undisputed reasonable value of services performed to the effective date of termination, including any non-cancellable obligations incurred prior to termination; provided, however, that the City may Professional Services Agreement – Matrix Consulting Group, Ltd. For Fire Labor Costing Analysis 4 condition payment of such compensation upon the Consultant’s delivery to the City of any and all City property, documents, records, materials and work product associated with the performance of this Agreement.
4. Ownership of Materials. All product produced by Consultant or its agents, employees, and subcontractors pursuant to this Agreement (the “Work Product”) is the property of City. In the event this Agreement is terminated, all Work Product produced by the Consultant or its agents, employees, and subcontractors pursuant to this Agreement, will be delivered to City pursuant to the termination clause of this Agreement. Consultant will have the right to make one (1) copy of the Work Product for Consultant’s records.
The Work Product may be used by City and its agents, employees, representatives, and assigns, in whole or in part, or in modified form, for all purposes the City may deem advisable, without further employment of or payment of any compensation to the Consultant; however, if this Agreement is terminated for any reason prior to the completion of the Project and if under such circumstances City uses, or engages the services of and directs another consultant to use, the Work Product, City agrees to hold the Consultant harmless from any and all liability, costs, and expenses relative to claims arising out of matters and/or events which occur subsequent to the termination of this Agreement as a result of causes other than the fault or negligence of the Consultant, or anyone for whose acts it is responsible, in preparation of the Work Product.
Consultant will not be responsible for deficiencies solely attributable to modifications of the Work Product performed by others, or that arise from use of the Documents in connection with a project or site other than that shown in the Work Product.
5. Independent Contractor Status. Consultant, its officers, employees, subconsultants, subcontractors, agents and volunteers (collectively hereinafter the “Consultant”), will perform the services in Consultant's own way and pursuant to this Agreement as an independent contractor and in pursuit of the Consultant's independent calling, and not as an employee of City. The persons used by the Consultant to provide the services under this Agreement will not be considered employees of City for any purposes. Neither the City, nor any of its officers, employees, agents or volunteers shall have any control over the conduct of the Consultant, except as expressly set forth in this Agreement. Consultant expressly warrants that while engaged in carrying out and complying with any terms and conditions of this Agreement that Consultant shall not, at any time or in any manner, represent that Consultant is in any manner an officer, employee, agents or volunteer of the City. Consultant shall obtain no rights to retirement, health care or any other benefit that accrue to City officials, officers, or employees. Consultant expressly waives any claim to such rights.
The payment made to Consultant pursuant to the Agreement will be the full and complete compensation to which the Consultant is entitled. City will not make any federal or state tax withholdings on behalf of Consultant or its agents, employees or subcontractors. City will not pay any workers' compensation insurance, retirement contributions or unemployment contributions on behalf of Consultant or its employees or subcontractors. Consultant agrees to indemnify and pay City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Consultant or any agent, employee, or contractor of Consultant for work done under this Agreement. At the City’s election, City may deduct the amounts paid pursuant to this Section, from any balance owing to Consultant.
6. Successors, Assignment and Delegation. City and the Consultant each binds themselves, their partners, successors, assignees and legal representatives to the other hereto Professional Services Agreement – Matrix Consulting Group, Ltd. For Fire Labor Costing Analysis 5 and to partners, successors, assignees and legal representatives of such other party in respect to all covenants, agreements and obligations contained in this Agreement.
The expertise and experience of Consultant are material considerations for this Agreement. Consultant shall not assign or transfer any interest in this Agreement or the performance of any of Consultant’s obligations under this Agreement without the prior written consent of the City. Any attempted assignment or transfer of any of Consultant’s rights, duties or obligations arising under this Agreement shall be null and void.
7. Nondiscriminatory Employment Practices. During the performance of this Agreement, the Consultant agrees not to discriminate against any employee or applicant for employment because of race, sex, creed, color, religion, age, sexual orientation, marital status, national origin, political affiliation, handicap or belief in accordance with requirements of City, State or Federal laws and regulations. Consultant will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, sex, creed, color, religion, age, sexual orientation, marital status, national origin, political affiliation, handicap or belief in accordance with requirements of City, State or Federal laws and regulations. Such actions shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoffs or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.
The Consultant agrees to post in conspicuous places, available to employees, applicants and subcontractors for employment, notices setting forth the provisions of this non-discrimination clause.
In the event of the Consultant’s non-compliance with the non-discrimination clause of this Agreement, this Agreement may be immediately canceled, terminated or suspended in whole or in part.
8. Subcontracting. Consultant's services are unique and personal. Except as may be specified in Consultant’s Proposal and agreed to by the City, Consultant will not subcontract any portion of the services without prior written approval of City Manager or his/her designee. If Consultant subcontracts any of the services, Consultant will be fully responsible to City for the acts, errors and omissions of Consultant's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Consultant is for the acts and omissions of persons directly employed by Consultant. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Consultant and City. Consultant will be responsible for payment of subcontractors. Consultant will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Consultant's work unless specifically noted to the contrary in the subcontract and approved in writing by City.
9. Other Consultants. The City reserves the right to employ other consultants in connection with the services.
10. Indemnification. Consultant shall indemnify and save harmless the City, its officials, officers, employees, agents and volunteers (collectively hereinafter the “City”), against any and all damages to property or injuries to or death of any person or persons, including property and employees or agents of the City and shall indemnify and save the City from any and all liability and expense including reimbursement of reasonable defense costs and legal fees, and claims, demands, suits, actions or proceedings of any kind or nature, including Workers’ Compensation claims, of or by anyone whomsoever to the extent resulting from or arising out of the negligent, reckless or willful misconduct for the Consultant, its officers, employees, subconsultants, Professional Services Agreement – Matrix Consulting Group, Ltd. For Fire Labor Costing Analysis 6 subcontractors or agents in the performance of the duties undertaken by Consultant pursuant to this Agreement.
This indemnification and hold harmless obligation does not extend to claims arising out of the negligence or willful misconduct of the City.
11. Insurance. Without limiting the Consultant’s indemnification of the City, Consultant shall obtain and maintain, at its cost and expense, for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Consultant or Consultant’s agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. Such evidence shall specifically identify this Agreement and shall contain express conditions that the City is to be given written notice at least thirty (30) days in advance of any termination or implementation of a reduction of limits or material change of insurance coverage as specified herein. Failure on the part of the Consultant to procure or maintain insurance shall constitute a material breach upon which the City may immediately terminate this Agreement. All insurance required hereunder shall be primary with respect to any insurance maintained by the City.
Coverages and Limits. Consultant will maintain the types of coverages and minimum limits indicated below, unless the Risk Manager or City Manager, in consultation with the City Attorney approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Consultant's indemnification obligations under this Agreement. City, its officers, agents, volunteers and employees make no representation that the limits of the insurance specified to be carried by Consultant pursuant to this Agreement are adequate to protect Consultant. The coverage will contain no special limitations on the scope of its protection to the above-designated insureds except for Workers Compensation and Professional Liability (i.e. errors and omissions insurance). Consultant will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. If Consultant believes that any required insurance coverage is inadequate, Consultant will obtain such additional insurance coverage, as Consultant deems adequate, at Consultant's sole expense.
11.1 Commercial General Liability Insurance. $1,000,000 combined singlelimit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits will apply separately to the work under this Agreement or the general aggregate will be twice the required per occurrence limit.
11.2 Automobile Liability. $1,000,000 combined single-limit per accident for bodily injury and property damage.
11.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code and Employer's Liability limits of $1,000,000 per accident for bodily injury. Workers' Compensation and Employer's Liability insurance will not be required if Consultant has no employees and provides, to City's satisfaction, a declaration stating this.
11.4 Professional Liability. Errors and omissions liability appropriate to Consultant’s profession with limits of not less than $1,000,000 per claim. The coverage shall also provide an extended two (2) year period commencing upon termination or cancellation of this Agreement.
Professional Services Agreement – Matrix Consulting Group, Ltd. For Fire Labor Costing Analysis 7 Endorsements. For Commercial General Liability Insurance and Automobile Liability Insurance, Consultant will ensure that the policies are endorsed to name the City of Compton and its respective elected and appointed officers, officials, employees, agents and volunteers as “additional insureds” with respect to liability arising out of the activities of the Consultant. Any failure to comply with provisions of the policies shall not affect coverage provided to the City.
Prior to City's execution of this Agreement, Consultant shall furnish certificates of insurance and endorsements to City.
Waiver of Subrogation. The policies shall contain a waiver of subrogation for the benefit of City.
12. Permits and Licenses. Consultant, at its own expense, during the term of this Agreement, shall obtain and maintain all appropriate business and professional permits, licenses and certificates that may be required in connection with the performance of services by the Consultant. Upon execution of this Agreement, the Consultant shall show evidence of a business license permit in conformance with Section 9-1.2 of the Compton Municipal Code.
13. Maintenance of Records. Consultant will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Consultant will allow a representative of the City, during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement.
Consultant will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years, or longer if required by law, from the date of final payment under this Agreement.
14. Warranties. Consultant represents and warrants (i) that Consultant has no obligations, legal or otherwise, inconsistent with the terms of this Agreement or with Consultant’s undertaking this relationship with City, (ii) that the performance of the services called for by this Agreement do not and will not violate any applicable law, rule or regulation or any proprietary or other right of any third party, (iii) that Consultant will not use in the performance of his responsibilities under this Agreement any confidential information or trade secrets of any other person or entity and (iv) that Consultant has not knowingly entered into or will enter into any agreement (whether oral or written) in conflict with this Agreement.
15. Federal and State Withholding Taxes. Consultant shall be responsible for paying when due all federal and state income withholding taxes for all earning under this Agreement.
Consultant agrees to indemnify City for any claims, costs, losses, fees, penalties, interest, or damages suffered by City resulting from Consultant’s failure to comply with this provision.
16. General Compliance with Laws. Consultant will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Consultant, or in any way affect the performance of the services by Consultant. Consultant will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of the services with all applicable laws, ordinances and regulations.
17. Termination. In the event of the Consultant's failure to prosecute, deliver, or perform the services, after giving written notice of default and two (2) days to correct the same, then, in addition to any other remedies, City may terminate this Agreement for nonperformance by notifying Consultant in writing. Consultant has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will Professional Services Agreement – Matrix Consulting Group, Ltd. For Fire Labor Costing Analysis 8 make a determination of fact based upon the work product delivered to City and of the percentage of work that Consultant has performed. Based upon that finding City will determine the final payment of the Agreement. In the event City elects to terminate, City will have the right to immediate possession of all Work Product and work in progress prepared by Consultant, whether located at the project site, at Consultant's place of business, or at the offices of a subconsultant.
The City’s obligation is payable only from funds appropriated for the purpose of this Agreement. All funds for payments after the end of the current fiscal year are subject to the City’s legislative appropriation for this purpose. In the event this Agreement extends into succeeding fiscal year periods and the City Council does not allocate sufficient funds for the next succeeding fiscal year payments, this Agreement shall terminate immediately upon written notice from the City.
Either Party, upon tendering thirty (30) calendar days written notice to the other Party, may terminate this Agreement for convenience. In this event and upon request of City, Consultant will assemble the work product without charge and put it in order for proper filing and closing and deliver it to City. Consultant will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made.
18. Covenants Against Contingent Fees. Consultant warrants that Consultant has not employed or retained any company or person, other than a bona fide employee working for Consultant, to solicit or secure this Agreement, and that Consultant has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to terminate this Agreement for nonperformance, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee.
19. Claims And Lawsuits. By signing this Agreement, Consultant agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation.
Consultant acknowledges that if a false claim is submitted to City by Consultant, it may be considered fraud and Consultant may be subject to criminal prosecution. Consultant acknowledges that California Government Code sections 12650 et seq., the False Claims Act, applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Consultant acknowledges that the filing of a false claim may subject Consultant to an administrative proceeding as the result of which Consultant may be prevented to act as a Consultant on any public work or improvement for a period of up to five (5) years. Consultant acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement.
20. Certifications. The Consultant, under penalty of perjury, certifies that, except as noted below, he/she or any other person associated therewith in the capacity of owner, partner, director, officer, manager:
is not currently under suspension, voluntary exclusion, or determination of ineligibility by Professional Services Agreement – Matrix Consulting Group, Ltd. For Fire Labor Costing Analysis 9 any Federal, State or local agency;
• has not been suspended, voluntarily excluded or determined ineligible by any Federal, State or local agency within the past 3 years;
• has not been indicted, convicted, or had a civil judgment rendered against he/she/it by a court of competent jurisdiction in any matter involving fraud or official 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.
______________________________________ ___________________ Richard Brady, President (Date)
21. Jurisdiction, Venue and Governing Law. Any action at law or in equity brought by either of the Parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of Los Angeles, State of California, and the Parties waive all provisions of law providing for a change of venue in these proceedings to any other county. This agreement will be governed by the laws of the State of California.
22. Testimony. Consultant will testify at City's request if litigation is brought against City in connection with Consultant's services under this agreement. Unless the action is brought by Consultant, or is based upon Consultant's actual or alleged negligence or other wrongdoing, City, upon prior written agreement with Consultant will compensate Consultant for time spent in preparation for testimony, testimony, and travel at Consultant's standard hourly rates at the time of actual testimony.
23. Waivers. The waiver by either Party of any breach or violation of any term, covenant, or condition of this Agreement or of any applicable law will not be deemed to be a waiver of such term, covenant, condition or law or of any subsequent breach or violation of same or of any other Professional Services Agreement – Matrix Consulting Group, Ltd. For Fire Labor Costing Analysis 10 term, covenant, condition or law. The acceptance by either Party of any fee or other payment which may become due under this Agreement will not be deemed to be a waiver of any preceding breach or violation by the other Party of any term, covenant, or condition of this Agreement or any applicable law.
24. Authority. The individuals executing this Agreement and the instruments referenced in it on behalf of Consultant each represent and warrant that they have the legal power, right and actual authority to bind Consultant to the terms and conditions of this Agreement.
25. Severability. If any term, provision, condition or covenant of this Agreement or its application to any party or circumstances shall be held, to any extent, invalid or unenforceable, the remainder of this Agreement, or the application of the term, provision, condition or covenant to persons or circumstances other than those as to whom or which it is held invalid or unenforceable, shall not be affected, and shall be valid and enforceable to the fullest extent permitted by law.
26. Amendments. This Agreement may be modified or amended only be written document executed by both Consultant and City’s City Manager and approved as to form by the City Attorney. Such document shall expressly state that it is intended by the parties to amend the terms and conditions of this Agreement.
27. Confidentiality. All documents, information, data, and exhibits prepared or assembled by Consultant in connection with the performance of the Services pursuant to the Agreement are confidential until released by the City to the public, and the Consultant will not make any of these documents or information available to any individual or organization not employed by the Consultant or the City without the written consent of the City before any such release.
28. Entire Agreement. This Agreement, together with any other written document referred to or contemplated by it embody the entire Agreement and understanding between the parties relating to the subject matter of it. The City Manager is authorized, in consultation with the City Attorney, to agree to non-material amendments to this Agreement. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties.
29. Notices. Any notices required or permitted under this Agreement shall be effective when delivered in person; and effective one (1) business day after delivery by facsimile transmission; and effective five (5) days after mailing by U.S. Mail, postage prepaid and properly addressed as follows:
TO CONSULTANT: MATRIX CONSULTING GROUP, LTD
1650 S Amphlett Blvd. Suite 213
San Mateo, CA 94402
Attn: Richard Brady, President
(650) 858-0507
TO CITY: CITY OF COMPTON
205 South Willowbrook Avenue
Compton, California 90220
Attn: Sharon Rahban Navizadeh, City Controller
City Controller Department
(310) 605-5678
Professional Services Agreement – Matrix Consulting Group, Ltd. For Fire Labor Costing Analysis 11 Note: A copy of any notice provided to the Vice President shall also be provided to: City Manager, 205 South Willowbrook Avenue, Compton, California 90220.
30. Miscellaneous. No provision of this Agreement is to be interpreted for or against either party because that party or that party’s legal representative drafted such provision.
Should either party hereto, or any representative, successor or assignee of either party hereto, resort to litigation to enforce the provisions of this Agreement, the party or parties prevailing in such litigation shall be entitled, in addition to such other relief as may be granted, to recover its or their reasonable attorney’s fees and costs in such litigation from the party or parties against whom enforcement is sought.
IN WITNESS WHEREOF, Consultant has executed this Agreement, and the City, by its City Manager, who is authorized to do so, has executed this Agreement.
MATRIX CONSULTING GROUP, LTD
Dated: _______________ By ___________________________________ Richard Brady, President
CITY OF COMPTON
Recommended for Approval:
By __________________________________ Dated: ______________ Sharon Rahban Navizadeh, City Controller
City Controller Department
Approved by:
Dated: _______________ By _________________________________ Willie A. Hopkins, Jr., City Manager
Approved as to form:
By _________________________________ Dated: ______________ Eric Perrodin, City Attorney
ATTEST:
Dated: _______________ By __________________________________ Professional Services Agreement – Matrix Consulting Group, Ltd. For Fire Labor Costing Analysis 12 Vernell McDaniel, City Clerk
BID OPENING CHECK LIST:
DATE OF THE RFP OPENING: November 1, 2023
SUBMISSION DUE DATE: November 21, 2023@ 4pm
PROJECT: 2023 - City Controller - FIRE labor cost
analysis
PROJECT MANAGER/CONTACT PERSON: Jocelyn Logan
COMPANY RFP BOND RFP PRICE DATE/TIME
INCLUDED RECEIVED
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