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
04/02/2024
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. PRESENTATION: CITY VENTURES 930 W. COMPTON BLVD. PROJECT (Ryan Aeh)
PUBLIC COMMENTS ON AGENDA ITEMS AND NON-AGENDA MATTERS
-2- City Council Agenda 4/2/2024
5:30 PM
CONSENT AGENDA
Consent items are routine and expected to be non-controversial. They will be acted upon by the Council at one time without discussion unless a Council Member requests an item be removed or discussed..
HUMAN RESOURCES
2. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON
ESTABLISHING THE HOLIDAY SCHEDULE FOR CITY EMPLOYEES FOR FISCAL YEAR 2024 – 2025
REGULAR AGENDA
CITY MANAGER'S REPORT
3. ELECTED OFFICIALS AUTHORIZATION TO TRAVEL - 2024 ANNUAL
MUNICIPAL SEMINAR - CONTRACT CITIES
INDIAN WELLS, CA, MAY 16, 2024 THRU MAY 19, 2024
UNFINISHED BUSINESS
4. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COMPTON
APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF
COMPTON AND CITY VENTURES HOMEBUILDING, LLC A DELAWARE
LIMITED LIABILITY COMPANY, TO ENABLE THE DEVELOPMENT OF A 60-UNIT
MARKET-RATE HOUSING DEVELOPMENT PROJECT ON THAT CERTAIN LAND LOCATED AT 930 WEST COMPTON BOULEVARD, COMPTON,
CALIFORNIA (FIRST READING)
5. 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)
NEW BUSINESS
6. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AMENDING THE RECREATION DEPARTMENT 2023-2024 ANNUAL BUDGET
TO ACCEPT AND APPROPRIATE A GRANT FROM THE LOS ANGELES
DODGERS FOUNDATION IN THE AMOUNT OF $37,800, ALLOCATING FUNDS
FOR THE DODGER DREAMTEAM PROGRAM, AND AUTHORIZING THE CITY
MANAGER TO ENTER INTO AN AGREEMENT WITH HAROLD JOHNSON AS
THE DREAMTEAM COORDINATOR AN ISSUE A PURCHASE ORDER IN THE AMOUNT OF $27,000.
-3- City Council Agenda 4/2/2024
5:30 PM
7. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON
AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH TECHCOAT CONTRACTORS, INC. AND ESTABLISH A PURCHASE ORDER FOR THE PEDESTRIAN COATING SYSTEM AT FIRE STATION 1 AND FIRE STATION 3 ($108,905.00)
8. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON
AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH RISHER SUTHERLAND, INC. DBA UNITED CONTRACTORS, INC. AND
ESTABLISH A PURCHASE ORDER FOR THE ROOF REPLACEMENT OF FIRE STATION 1 ($328,900.00)
9. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON
AUTHORIZING THE CITY MANAGER TO OPEN A PURCHASE ORDER WITH
STAPLES ADVANTAGE TO PAY INVOICES FOR OFFICE SUPPLIES FROM THE 2020-2021 AND 2021-2022 FISCAL YEARS IN THE AMOUNT OF $254.95
10. A RESOLUTION OF THE CITY OF COMPTON AUTHORIZING THE CITY
MANAGER TO ENTER INTO A MULTI-YEAR PROFESSIONAL SERVICES AGREEMENT ($15,000), AND ESTABLISH A PURCHASE ORDER FOR EADIE AND PAYNE, LLP FOR TAX CONSULTATION SERVICES ($5,000)
COUNCIL COMMENTS
ADJOURNMENT
NEXT REGULAR MEETING: 4/9/2024 5:30PM
Visit our website at http://www.comptoncity.org
930 W. COMPTON BOULEVARD
1. Leaders in High Quality Design
Aerial Photo of Site
Site
Existing Site Condition
Project Details
• 60 Attached 3-Story Single-Family Homes (24.5 homes per acre) • 3 Plan Types offering 3-4 bedrooms and 2 ½-4 baths
• Unit sizes ranging from 1,404 to 1,664 square feet
• Front doors facing Compton Blvd., Dwight Ave., and Kemp Ave. as well as internally facing units
• All homes have private patios and/or upper-level decks • All homes have two-car attached garages
• Central common open space programed with barbeque, shade structure, seating, and tot lot maintained by HOA
• Gated Community with two entries on 151st St. (main & residents only) • Affordable Housing Component:
• 10 units @ Moderate Income Level
• Anticipated to be priced in the $300’s
Site Plan
Main
Gated Entry
Residents Gated
Entry
Compton Boulevard
151st Street
Dwight Ave.
AveKemp
.
Fire Gated
EVA
Compton Boulevard Perspective
Elevation
Open Space Amenities
• All House:
• Minimum 9-foot ceilings throughout
• 2 1/2” door casing and 4” baseboard
• Smooth finish two panel interior doors
• Schlage door hardware
• Two tone interior paint
• Milgard Windows
• Kitchen:
• Whirlpool Energy Star appliances
• Quiet closing cabinet doors and drawers
• White or wood stained cabinets
• Granite or Quartz solid surface kitchen counters
• Under cabinet lights
• All Kohler fixtures and faucets
• Bedroom/Bathrooms:
• Wire shelf and rod in all closets
• Sconce lighting at all baths
• Thick glass for the Master shower door enclosure
High Quality Interiors
• Environmentally preferred infill location
• Close proximity to abundant transportation resources
• Heat and noise resistant dual glazed windows
• High solar reflective index roofing materials
• Construction materials waste recycling program
• High efficiency water saving plumbing fixtures
• Heat resistant radiant barrier roof sheeting
• Structurally designed lumber saving beam and header systems • Lumber saving roof and floor truss systems
• Ocean-friendly storm water treatment and runoff prevention system • Integrated drought tolerant plant layout
• Heat island radiation reducing shade tree planting
• High efficiency irrigation
• Limited turf and free from invasive plants
• Programmable climate control Nest Thermostat
• Energy Star Appliances
Green Building Features
• Monthly electric bill reducing solar panels
• Complete elimination of monthly natural gas bills
• Highly modern all induction cooking appliances
• Cutting edge hybrid highly efficient all-electric water heater • Energy efficient heat pumped heating and cooling system • Pre-wired conduit for gasoline-free electric car chargers Benefits to Homebuyers
Ryan Aeh
[email protected]
949-500-1573
Kim Prijatel
[email protected]
714-343-4723
Questions & Comments
April 2, 2024
TO: MAYOR AND COUNCIL MEMBERS
FROM: HUMAN RESOURCES DEPARTMENT
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON
ESTABLISHING THE HOLIDAY SCHEDULE FOR CITY EMPLOYEES
FOR FISCAL YEAR 2024 – 2025
SUMMARY
Adoption of the attached resolution will establish the holiday schedule for City employees for Fiscal Year 2024-2025. The resolution includes eligibility, accrual, and use of established holidays.
BACKGROUND
In accordance with Rule 7.5A of the City of Compton Personnel Rules and Regulations, City employees shall receive time off with pay on legal holidays as designated by the City Council. Full-time regular and probationary employees are eligible for full holiday pay and permanent part-time employees receive holiday pay for one-half of the scheduled holiday.
STATEMENT OF THE ISSUE
There is a need for the City Council to establish the holiday schedule for City employees for Fiscal Year 2024-2025.
FISCAL IMPACT
The holiday schedule will have minimal financial impact.
RECOMMENDATION
Staff recommends that the City Council adopt the attached Resolution establishing the Holiday Schedule for City employees for Fiscal Year 2024-2025.
DONALD J. GRADY, SR
HUMAN RESOURCES DIRECTOR
APPROVED FOR FORWARDING:
WILLIE A. HOPKINS, JR
CITY MANAGER
2. RESOLUTION NO. _____________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON
ESTABLISHING THE HOLIDAY SCHEDULE FOR CITY EMPLOYEES FOR FISCAL YEAR 2024 – 2025
WHEREAS, Rule 7.5A of the Personnel Rules and Regulations establishes provisions for granting legal holidays for City employees; and
WHEREAS, there is a need for the City to post a holiday schedule for each fiscal year identifying the dates on which City offices will be closed.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COMPTON DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. That the following holidays shall be established as legal holidays for City employees, as set forth herein.
HOLIDAY DATE HOLIDAY OBSERVED
Independence Day July 4, 2024 (Thursday)
Labor Day September 2, 2024 (Monday)
Admission’s Day Floating Holiday
Veteran’s Day November 11, 2024 (Monday)
Thanksgiving Day November 28, 2024 (Thursday)
Friday after Thanksgiving November 29, 2024* (Friday)
Christmas Day December 25, 2024 (Wednesday)
New Year’s Day January 1, 2025 (Wednesday)
Martin Luther King, Jr.’s Birthday January 20, 2025 (Monday) Lincoln’s Birthday Floating Holiday
Washington’s Birthday February 17, 2025 (Monday)
(Presidents’ Day)
Cesar Chavez’s Birthday March 31, 2025 (Monday)
Cinco de Mayo May 5, 2025 (Monday)
Memorial Day May 26, 2025 (Monday)
Juneteenth June 19, 2025 (Thursday)
Employee’s Birthday Floating Holiday
*Employees impacted by the 10/40 Alternative Work Schedule will use this day as a floating holiday.
Section 2. That the Employee’s Birthday Holiday must be used within one year in which the birthday falls.
Section 3. That this holiday schedule is not applicable to sworn 56-hour Fire Suppression personnel who are eligible for compensation in lieu of holidays.
RESOLUTION No. ___________
Section 4. That employees whose birthdays, vacation or compensatory time off with pay falls on one of the holidays referenced above shall be entitled to another day off in accordance with the procedure established by the Department for use of paid leave benefits.
Section 5. That floating holidays accrued during Fiscal Year 2024-2025, except the Employee’s Birthday, must be utilized by June 30, 2025.
Section 6. That this holiday schedule is effective July 1, 2024 and shall continue to be observed as set forth in this Resolution, unless otherwise revised by action of the City Council.
Section 7. That a certified copy of this Resolution shall be forwarded to each City department and agency.
Section 8. 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, the City Clerk of the City of Compton, hereby certify that the foregoing Resolution was adopted by the City Council, signed by the Mayor and attested to by the City Clerk at a regular meeting thereof held on the _______ day of ______________, 2024.
That said Resolution was adopted by the following vote, to wit:
AYES: COUNCIL MEMBERS –
NOES: COUNCIL MEMBERS –
ABSENT: COUNCIL MEMBERS –
ABSTAIN: COUNCIL MEMBERS –
____________________________________
CITY CLERK OF THE CITY OF COMPTON
March 25, 2024
TO: HONORABLE MAYOR AND COUNCIL MEMBER
FROM: CITY MANAGER
SUBJECT: REQUEST TO AUTHORIZE TRAVEL FOR ELECTED
OFFICIALS
Recommendation: Authorize travel to attend the 2024 Annual Municipal Seminar sponsor by CA Contract Cities Association
Location: Indian Wells, CA
Meeting Date: May 16, 2024 thru May 19, 2024
Approximate Cost: Registration: $875 (Per attendee)
Hotel: $451.00 per night (plus taxes and fees)
Transportation: N/A
Per Diem: Receipts required (Not to exceed $75 per day) Source of Funds: General Fund
Purpose: The purpose of attending the 2024 Annual Municipal Seminar is to learn and discuss issues that are impacting our city.
Elected Official Attending
Mayor Emma Sharif
Councilmember Deidre M. Duhart
Councilmember Andre Spicer
Councilmember Jonathan Bowers
Councilmember Lillie Darden
3. March 25, 2024
TO: HONORABLE MAYOR AND COUNCIL MEMBER
FROM: CITY MANAGER-J
SUBJECT: REQUEST TO AUTHORIZE TRAVEL FOR ELECTED
OFFICIALS
Authorize travel to attend the 2024 Annual Municipal Seminar sponsor by CA Contract Cities Association
Recommendation:
Location: Indian Wells, CA
Meeting Date: May 16, 2024 thru May 19, 2024
Registration: $875 (Per attendee)
Hotel: $451.00 per night (plus taxes and fees)
Transportation: N/A
Per Diem: Receipts required (Not to exceed $75 per day) Approximate Cost:
Source of Funds: General Fund
The purpose of attending the 2024 Annual Municipal Seminar is to leam and discuss issues that are impacting our city.
Purpose:
Elected Official Attending
Mayor Emma Sharif
Councilmember Deidre M. Duhart
Councilmember Andre Spicer
Councilmember Jonathan Bowers
Councilmember Lillie Darden
March 19, 2024
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: CITY MANAGER
SUBJECT: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COMPTON
APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF
COMPTON AND CITY VENTURES HOMEBUILDING, LLC, A
DELAWARE LIMITED LIABILITY COMPANY, TO ENABLE THE
DEVELOPMENT OF A 60-UNIT MARKET-RATE HOUSING
DEVELOPMENT PROJECT ON THAT CERTAIN LAND LOCATED AT
930 WEST COMPTON BOULEVARD, COMPTON, CALIFORNIA
SUMMARY
Staff requests adoption of an Ordinance to approve a development agreement between the City of Compton and City Ventures Homebuilding, LLC related to 930 W Compton Boulevard. The already approved housing project consists of a gated 60-unit housing project composed of single-family attached condominiums, with ten (10) of the condominiums restricted for sale to moderate income households at affordable sales prices, and open space and other improvements (the “Project”).
The last remaining item for this project is to adopt a development agreement between the City and the Applicant pertaining to the Property in accordance with the development agreement terms set forth in the already approved Purchase and Sale Agreement, and includes a payment of $400,000 to the City as part of this agreement.
BACKGROUND:
To strengthen the public planning process, encourage private participation in comprehensive planning and reduce the economic risk of development, the Legislature of the State of California adopted the Development Agreement Act (Government Code Sections 65864 through 65869.5), which authorizes any city to enter into binding development agreements establishing certain development rights in real property with persons having legal or equitable interests in such property. A development agreement is a voluntary contract between a local jurisdiction and a person who owns or controls property within the jurisdiction and must comply with the requirements set forth in the Development Agreement Act.
The City of Compton (the “City”) owns an approximately 2.45-acre site located at 930 W.
Compton Boulevard in the City of Compton (bounded by West Compton Boulevard to the north, West 151 street to the south, South Kemp Avenue to the east, and South Dwight Avenue to the west) (the “Property”). The City and the Applicant, City Ventures
4. Staff Report – 930 W Compton Development Agreement
March 19, 2024, page 2 of 3
Homebuilding, LLC, have entered into a Purchase and Sale Agreement dated as of April 15, 2019, as amended by the First Amendment to Purchase and Sale Agreement dated as of December 23, 2020 (as amended, the “PSA”). Pursuant to the PSA, the City agrees to convey the Property to the Applicant pursuant to, and in accordance with, the terms and conditions (including but not limited to, construction requirements, affordable housing requirements, and transfer restrictions) set forth in the PSA. One of the conditions to the close of escrow is that there be an executed and effective development agreement between the City and the Applicant pertaining to the Property in accordance with the development agreement terms set forth in the PSA.
On October 19, 2022, the Planning Commission held a special meeting to consider this item. There was limited discussion on the matter, with questions centering around the sale price of the property. A motion was made to adopt the resolution, but the item was a tie of 2-2-0 (with one commissioner absent). No motion was made to deny the project.
Therefore, there is no recommending resolution from the Planning Commission.
STATEMENT OF THE ISSUE:
The Development Agreement proposed between the City and the Applicant would vest the Applicant’s rights to develop in accord with any approvals of the Project that have been or may be granted for a specific period of time, along with other terms. The following are some of the significant elements of the Development Agreement:
The term of the Development Agreement is for seven years with the potential for extension for one (1) year or more provided that the total extension period does not exceed three (3) years (Section 5 of the Development Agreement; Government Code Section 65865.2). The City shall conduct annual reviews to determine whether the Applicant is acting in good faith compliance with the terms of the Development Agreement and may order a special periodic review at any time (Section 24 of the Development Agreement; Government Code Section 65865.1). The permitted uses of the Property, the density and intensity of use, the maximum height and size of the proposed buildings, parking requirements, setbacks, development standards, provisions for reservation or dedication of land for public purposes, and location of public improvements, and the design, improvement, construction and other guidelines, standards and specifications applicable to the development of the Property (Devevlopment Agreement Section 2; Government Code Section 65865.2).
The Applicant shall pay to the City a Development Agreement Fee of $400,000 at or prior to the close of escrow pursuant to the PSA (Development Agreement Section 10).
Staff Report – 930 W Compton Development Agreement
March 19, 2024, page 3 of 3
Environmental Review:
The Project, including the Development Agreement, has been environmentally reviewed pursuant to the provisions of the California Environmental Quality Act (Public Resources Code Sections 21000, et seq. (“CEQA”), the State CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000, et seq.), and the City’s Local CEQA Guidelines.
Mitigated Negative Declaration No. 951 (“MND”) was prepared and made available for agency and public review and comment for a 20-day period beginning on November 16, 2021 and ending on December 5, 2021. The MND considers the potential environmental impacts that could occur as a result of the Project. Based on the analysis contained in the MND and other evidence in the record, the City Council, exercising its independent judgment, previously found that the Project will not have a significant environmental impact with the adoption of the identified mitigation measures, and adopted the MND and adopted the Mitigation Monitoring and Reporting Program which is attached to this Resolution. Mitigated Negative Declaration No. 951 (MND) and Mitigation Monitoring and Reporting Program were prepared in connection with the Project, made available for public review and comment for a 20-day period commencing on November 16, 2021 and ending on December 6, 2021, and approved by the City Council on June 28, 2022.
NOTICING
Notice of the public hearing was published and maiiled in accordance with Government Code Sections 65867, 65090 and 65091. Public hearing notices were sent to both owners and occupants within a 500-foot radius on October 20, 2022. Notice was also published in the Compton Bulletin on October 12, 2022. As of October 25, 2022, no other correspondence either for or against the project have been received.
FISCAL IMPACT:
The fiscal impact of this agreement will be $400,000 in revenue to be allocated to the Equipment Rental Fund reserved for future use.
RECOMMENDATION:
Staff supports the proposed Development Agreement and would recommend that the City Council adopt the associated Ordinance to approve the proposed Development Agreement.
CECIL C. FLOURNOY, DIRECTOR
COMMUNITY DEVELOPMENT DEPARTMENT
APPROVED FOR FORWARDING
WILLIE A. HOPKINS JR.,
CITY MANAGER
ORDINANCE NO. ___________________
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COMPTON
APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF
COMPTON AND CITY VENTURES HOMEBUILDING, LLC, A
DELAWARE LIMITED LIABILITY COMPANY, TO ENABLE THE
DEVELOPMENT OF A 60-UNIT HOUSING PROJECT ON THAT
CERTAIN LAND LOCATED AT 930 WEST COMPTON BOULEVARD,
COMPTON, CALIFORNIA
THE CITY COUNCIL OF THE CITY OF COMPTON HEREBY ORDAINS AS FOLLOWS:
Section 1. City Ventures Homebuilding, LLC, a Delaware limited liability company (“Developer”), proposes to enter into a development agreement with the City of Compton (herein, the “Development Agreement”), which is attached to this Ordinance as Exhibit “A,” in connection with the development of a 60-unit housing project consisting of single-family attached townhomes, with ten of the townhomes restricted for sale to moderate income households at affordable sale prices, on that certain land located at 930 West Compton Boulevard, Compton, California, and described in the legal description on file in the City Clerk’s office and incorporated herein by reference (the “Project”).
Section 2. Government Code Section 65864 authorizes the City to enter into binding development agreements with persons having legal or equitable interests in real property for the development of such property in order to, among other matters: ensure high quality development in accordance with comprehensive plans; provide certainty in the approval of development projects so as to avoid the waste of resources and the escalation in the cost of housing and other development to the consumer; provide assurance to the applicants for development projects that they may proceed with their projects in accordance with existing policies, rules and regulations and subject to conditions of approval, in order to strengthen the public planning process and encourage private participation in comprehensive planning and reduce the private and public economic costs of development.
Section 3. The Project, including this Ordinance and the Development Agreement, has been environmentally reviewed pursuant to the provisions of the California Environmental Quality Act (Public Resources Code Sections 21000, et seq. (“CEQA”), and the State CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000, et seq.). Mitigated Negative Declaration No. 951 (“MND”) was prepared and made available for agency and public review and comment for a 20-day period beginning on November 16, 2021 and ending on December 5, 2021. The MND considers the potential environmental impacts that could occur as a result of the Project. Based on the analysis contained in the MND and other evidence in the record, the City Council, exercising its independent judgment, previously found that the Project will not have a significant environmental impact with the adoption of the identified mitigation measures, and adopted the MND and adopted the Mitigation Monitoring and Reporting Program which is on file in the Community Development Department. The City Council hereby finds and determines that the Development Agreement is within the scope of the MND and there are no changes to the Project or its circumstances, or other new information that require further environmental analysis pursuant to the California Environmental Quality Act. The City Council hereby finds and determines, in light of the whole record, and in its independent judgment, that there is no substantial evidence that further environmental analysis is necessary for the Project, and the City Council hereby finds the MND as adopted by the City Council sufficient for taking action on the Development Agreement. The documents and copies of all relevant material, including the proposed Development Agreement and the MND, are on file in the Community Development Department, and can be reviewed by any interested person at 205 South Willowbrook Avenue, California 90220.
ORDINANCE NO. ________________
Section 4. On October 12, 2022, the Planning Commission was supposed to hold a public hearing to consider the Development Agreement. Notice of the time, place and purpose of the public hearing was duly provided in accordance with California Government Code Sections 65867, 65090, and 65091, and the City’s ordinances. There was no quorum at that meeting, so the item was continued to a special meeting held on October 19, 2022. At the conclusion of the public hearing, the Planning Commission deadlocked in a tie and did not make a formal recommendation to the City Council.
Section 5. On December 6, 2022, the City Council conducted a duly noticed public hearing to consider the Development Agreement. Notice of the time, place and purpose of the public hearing were duly provided in accordance with California Government Code Sections 65867, 65090 and 65091, and the City’s ordinances.
Section 6. The City Council finds that the provisions of the Development Agreement are consistent with the City of Compton General Plan and comply with its objectives and policies. The Development Agreement is consistent with and implements the objectives of the General Plan policies.
Section 7. The City Council hereby approves the Development Agreement, found on file with the City Clerk, and authorizes the City Manager to execute the Development Agreement on behalf of the City.
Section 8. No later than ten (10) days after the effective date of this Ordinance, the City Clerk shall record with the County Recorder a copy of the Development Agreement and the notice shall describe the land to which such contract applies.
Section 9. The City Clerk is hereby directed to cause a summary of this Ordinance to be published in a newspaper of general circulation published and circulated in the City in accordance with Section 36933 of the Government Code; and shall certify to the adoption of this Ordinance.
Section 10. This Ordinance shall go into effect and be in full force on the thirtyfirst (31st) day after its passage.
Section 11. That the Mayor shall sign and the City Clerk shall attest to the adoption of this Ordinance and shall cause same to be published as required by law.
ADOPTED this ________ day of _______________ 2024.
_______________________________
MAYOR OF THE CITY OF COMPTON
ATTEST:
___________________________________
CITY CLERK OF THECITY OF COMPTON
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF COMPTON
ORDINANCE NO. ______________
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 the ________ day of ___________________, 2024.
That said Ordinance was adopted by the following vote to wit:
AYES: COUNCIL MEMBERSNOES: COUNCIL MEMBERSABSTAIN: COUNCIL MEMBERSABSENT: COUNCIL MEMBERS- ___________________________________
CITY CLERK OF THE CITY OF COMPTON
-1-
C1658-0001\2363188v4.doc
RECORDING REQUESTED BY:
CITY OF COMPTON
WHEN RECORDED MAIL TO:
The City of Compton
205 South Willowbrook Avenue
Compton, California,90220
Attn: City Clerk
Assessor’s Parcel Map No.: 6161-001-902
DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT (this “Agreement”) is made by and between the CITY OF COMPTON, a California municipal corporation (“City”), and CITY VENTURES HOMEBUILDING, LLC, a Delaware limited liability company (“Developer”). City and Developer are individually referred to herein as a “Party” and collectively referred to as the “Parties”.
RECITALS
This Agreement is made and entered into with regard to the following facts, each of which is acknowledged as true and correct by the Parties to this Agreement.
A. This Agreement authorizes the development of that certain land located at 930 West Compton Boulevard, Compton, California, as described on Exhibit “A” attached hereto and incorporated herein by reference (the “Property”), as further defined in this Agreement.
B. The Property that is the subject of this Agreement is approximately 2.457 acres in size, is referred to as Assessor’s Parcel No. 6161-001-902, and is further described in Exhibit “A”. Developer has acquired legal or equitable interest in the Property for the development of the Property as provided in this Agreement.
C. Developer has applied to City for approval of this mutually binding Development Agreement, pursuant to the provisions of the Development Agreement Act (as hereafter defined), and other applicable laws.
D. In anticipation of the development of the Project (as hereafter defined), Developer has received the following approvals on June 28, 2022: GENERAL PLAN AMENDMENT CASE NO. 21-001, CONDITIONAL USE PERMIT CASE NO. 21-008, CHANGE OF ZONE CASE NO. 21-003, TENTATIVE TRACT MAP NO. 82807 and MITIGATED NEGATIVE DECLARATION NO. 950.
E. The City Council has specifically considered the advantages and impacts of this Project upon the welfare of City and believes that the Project will benefit City. -2-
C1658-0001\2363188v4.doc
F. This Agreement eliminates uncertainty in planning and provides for the orderly development of the Project in a manner consistent with City’s Zoning Regulations (as hereafter defined), the Applicable Rules (as hereafter defined) and the General Plan (as hereafter defined).
G. To provide such certainty, City desires, by this Agreement, to provide Developer with assurance that Developer can proceed with development of the Project with the uses, density and other land use characteristics specified in the Project Approvals (as hereafter defined).
Neither Developer nor City would enter into this Agreement, or agree to provide the public benefits and improvements described herein, without the agreement that the Project can be developed, during the term of this Agreement, with the uses, density and other land use characteristics specified in the Project Approvals.
H. City has determined that, as a result of the development of the Project in accordance with the Project Approvals (as hereafter defined) and this Agreement, substantial benefits will accrue to the public, including but not limited to the Developer’s obligations set forth in Section 10 of this Agreement.
I. On October 19, 2022 pursuant to the requirements of the Development Agreement Act, the Planning Commission of the City of Compton (“Planning Commission”) conducted a hearing on Developer’s application for this Agreement. The Planning Commission did not make a recommendation after a motion to recommend adoption failed to pass by a vote of 2-2-0 (1 absent).
J. On November 1, 2022, pursuant to the requirements of the Development Agreement Act, the City Council of the City of Compton (the “City Council”) conducted a hearing on Developer’s application for this Agreement.
K. The City Council has found and determined that this Agreement is consistent with the City’s General Plan and all other plans, policies, rules and regulations applicable to the Project.
L. On November 1, 2022, the City Council adopted Ordinance No. [####] approving this Agreement, and such ordinance became effective on [Month] [Date], 2022.
M. By resolution No. [####] adopted by the City Council on June 28, 2022, the City Council approved a Mitigated Negative Declaration No. 951 (MND) and Mitigation Monitoring and Reporting Program in connection with the Project, which were made available for public review and comment for a 20-day period commencing on November 16, 2021 and ending on December 6, 2021.
AGREEMENT
NOW THEREFORE, pursuant to the authority contained in the Development Agreement Act, as applied to City, and in consideration of the mutual promises and covenants herein contained and other valuable consideration, the receipt and adequacy of which are hereby acknowledged, the Parties hereto agree as follows:
-3-
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1. Definitions. For all purposes of this Agreement, except as otherwise expressly provided herein, or unless the context of this Agreement otherwise requires, the following words and phrases shall be defined as is set forth below:
(a) “Applicable Rules” means the rules, regulations, ordinances, resolutions, codes, guidelines, and officially adopted procedures and official policies of City governing the use and development of real property, including, but not limited to, City’s Zoning Regulations and building regulations, adopted as of the Effective Date (as hereafter defined). Among other matters, the Applicable Rules set forth and govern the permitted uses of land, the density or intensity of use, subdivision requirements, the maximum height and size of proposed buildings, parking requirements, setbacks, and development standards, the provisions for reservation or dedication of land for public purposes, and the design, improvement and construction guidelines, standards and specifications applicable to the development of the Property. (b) “Building Permit” means a permit issued by City pursuant to Chapter 14 of the Compton Municipal Code to authorize construction of a building or other structure. “Building Permit” shall not include a demolition permit or excavation and shoring permit, but shall include a foundation permit.
(c) “Business Days” means any day other than a Saturday, Sunday or California or federal holiday on which banks in the City are customarily closed. (d) “CEQA” means the California Environmental Quality Act (California Public Resources Code Section 21000 et seq.), as it now exists or may hereafter be amended. (e) “Certificate of Occupancy” means any of the following with respect to any portion of the Project (as hereafter defined): (i) a permanent Certificate of Occupancy, (ii) a temporary Certificate of Occupancy or (iii) a Certificate of Completion, if requested by Developer and issued by City, as to an improvement in which the base, core and shell have been completed, but the improvement is not ready for occupancy due to Developer’s electing to defer the completion of tenant improvements, or the interior portions of individual condominium units (e.g., kitchens, baths or finishes which are intended to be customized at a later date). (f) “Conditions of Approval” shall mean the conditions of approval imposed by City upon the Project Approvals.
(g) “Developer Fees” shall mean those fees established, adopted, or imposed by City pursuant to Sections 66000 through 66008, of the Government Code of the State of California or the California Subdivision Map Act to offset the impact of development on City’s capital facilities. Such fees may include impact fees, linkage fees, exactions, assessments, fair share charges, or other similar impact fees imposed by City on or in connection with new development. Developer Fees do not mean or include Processing Fees. (h) “Development Agreement” or “Agreement” means this Agreement. (i) “Development Agreement Act” means Article 2.5 of Chapter 4 of Division I of Title 7 (Sections 65864 through 65869.5) of the California Government Code (as the same may be amended and/or re-codified from time to time). -4-
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(j) “Development Agreement Fee” shall mean a public benefit fee to be paid by Developer as set forth in Section 10(d) of this Agreement. (k) “Discretionary Action(s)” or “Discretionary Approval(s)” means an action which requires the exercise of judgment, deliberation or discretion on the part of City, including any board, agency, commission or department and any officer or employee thereof, in the process of approving or disapproving a particular activity, as distinguished from a Ministerial Permit (as defined herein) or Ministerial Approval (as hereafter defined). (l) “Effective Date” shall mean the date the City’s Ordinance adopting this Agreement has taken effect and the date this Agreement is recorded in the official records of the Los Angeles County Recorder, whichever date occurs first. (m) “General Plan” means the General Plan of City, as it exists as of the Effective Date.
(n) “Ministerial Permit(s),” or “Ministerial Approval(s)” means a permit or approval, including, but not limited to, building permits, grading permits, zone clearances, and certificates of occupancy, which requires City, including any board, agency, commission or department or any officer or employee thereof, to determine whether there has been compliance with applicable rules, statutes, ordinances, Conditions of Approval, and/or regulations, as distinguished from an activity which is included in the definition of Discretionary Action or Discretionary Approval.
(o) “Mortgage” means any mortgage, deed of trust, encumbrance, sale leaseback or other security interest encumbering all or any portion of the Property, given by Developer for the purpose of securing funds to be used for financing the acquisition of the Property or any portion thereof, the construction of improvements thereon and/or any other expenditures reasonably necessary and appropriate to develop the Project (as hereafter defined). (p) “Mortgagee” means the holder of the beneficial interest under any Mortgage.
(q) “Processing Fees” means all processing fees and charges required by City that are applied uniformly to all construction or development related activity including, but not limited to, fees for land use applications, Building Permit applications, Building Permits, grading permits, hauling permits, encroachment permits, demolition permits, subdivision or parcel maps, lot line adjustments, street vacations, inspections, certificates of occupancy and plan check.
Processing Fees shall not mean or include Developer Fees. In addition, any and all fees payable under the current Applicable Rules shall be deemed to be included within the term “Processing Fees” and not to be included within the term “Developer Fees,” whether the same are payable upon issuance of a Building Permit, upon connection of a utility or upon issuance of a Certificate of Occupancy.
(r) “Project” means a 60-unit housing project consisting of single-family attached townhomes with ten of the townhomes restricted for sale to moderate income households at affordable sales prices, as modified by the Project Approvals. (s) “Project Approvals” shall include, collectively, GENERAL PLAN AMENDMENT CASE NO. 21-001, CONDITIONAL USE PERMIT CASE NO. 21-008, -5-
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CHANGE OF ZONE CASE NO. 21-003, TENTATIVE TRACT MAP NO. 82807 and MITIGATED NEGATIVE DECLARATION NO. 950, approved by the City Council on June 28, 2022, and shall include any Subsequent Project Approvals (as hereafter defined). “Property” means the real property described in Exhibit “A”.
(t) “Reserved Powers” means the power and authority of City to enact regulations and/or take Discretionary Action if the same is expressly found by City to be necessary to protect residents of City, those employed in the City, or visitors to City, from a condition that is dangerous to public health or safety or if the same is required to comply with California or federal laws (whether enacted previous or subsequent to the Effective Date of this Agreement). Reserved Powers also include the power and authority of City to enact regulations that apply generally to residential and mixed use projects within the City, provided that such regulations do not impact the density, height, or square footage of the Project permitted by the Project Approvals, or change the number of affordable housing units required in the Project or the affordability level requirements for those units.
(u) “Subsequent Land Use Regulations” means any change in or addition to the Applicable Rules adopted after the Effective Date of this Agreement, including, without limitation, any change in any applicable general or specific plan, zoning, subdivision, or building regulation, including, without limitation, any such change by means of an ordinance, initiative, resolution, policy, order or moratorium, initiated or instituted for any reason whatsoever by the Mayor, City Council, Planning Commission or any other board, agency, commission or department of City, or any officer or employee thereof, or by the electorate, as the case may be, which would, absent this Agreement, otherwise be applicable to the Project. (v) “Subsequent Project Approvals” shall mean further Discretionary Actions or Discretionary Approvals, Ministerial Permits and Ministerial Approvals required to carry out the Project as approved on June 28, 2022 including, without limitation, any subdivision, design review, or amendments to the Project Approvals. Following adoption or approval, a Subsequent Project Approval shall become a Project Approval. (w) “Zoning Regulations” shall mean the official zoning regulations of City adopted as of the Effective Date of this Agreement.
2. Recitals of Premises, Purpose and Intent.
(a) State Enabling Statute. To strengthen the public planning process, encourage private participation in comprehensive planning and reduce the economic risk of development, the Legislature of the State of California adopted the Development Agreement Act which authorizes any city to enter into binding development agreements establishing certain development rights in real property with persons having legal or equitable interests in such property. Section 65864 of the Development Agreement Act expressly provides as follows:
“The Legislature finds and declares that:
(a) The lack of certainty in the approval of development projects can result in a waste of resources, escalate the cost of housing and other development to the consumer, and discourage investment in and a commitment to comprehensive planning which would make maximum efficient utilization of resources at the least economic cost to the public.
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(b) Assurance to the applicant for a development project that upon approval of the project, the applicant may proceed with the project in accordance with existing policies, rules and regulations, and subject to Conditions of Approval will strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic cost of development.” Notwithstanding the foregoing, to ensure that City remains responsive and accountable to its residents while pursuing the benefits of development agreements contemplated by the Legislature, City accepts restraints on its police powers contained in development agreements only to the extent and for the duration required to achieve the mutual objectives of the Parties.
(b) The Project. Developer intends to develop the Property as described in the Project Approvals and the final plans submitted to City, subject to the Applicable Rules, the Project Approvals, and the Conditions of Approval. The Parties hereby agree that, for the term of this Agreement, the permitted uses, the density and intensity of use, the maximum height and size of proposed buildings, parking requirements, setbacks, and development standards, provisions for reservation or dedication of land for public purposes and location of public improvements, and the design, improvement, construction and other guidelines, standards and specifications applicable to the development of the Property shall be those set forth in the Project Approvals, the Applicable Rules and this Agreement, including the Conditions of Approval.
3. Property Subject to Agreement. This Agreement shall apply to all of the Property.
4. Application of Agreement. This Agreement shall apply to the development and use of the Property. Such development shall be in accordance with the Project Approvals, as the same may lawfully be amended from time to time other than by initiative, and this Agreement.
5. Term of Agreement. The initial term of this Agreement shall commence on the Effective Date, and shall continue for seven (7) years. In addition to the above, at any time, the term may be extended by Developer for one year or more provided that the total extension period does not exceed three years. An extension by Developer pursuant to the prior sentence shall be effective upon written request of Developer provided to City at least ten (10) days before the expiration of the term (including any previous extension) and a concurrent payment to City of the following amounts: for the first year of extension, Developer shall pay twenty-five thousand dollars ($25,000), for the second year of extension, Developer shall pay fifty thousand dollars ($50,000), and for the third year of extension, Developer shall pay seventy-five thousand dollars ($75,000).
6. Timing of Development. The Parties acknowledge that Developer cannot at this time predict when or if the Property will be developed. Such decisions depend upon numerous factors that are not within the control of Developer. Because the California Supreme Court held in Pardee Construction Co. v. City of Camarillo (1984) 37 Cal. 3d 465, (the “Pardee Case”) that the failure of the parties therein to provide for the timing of development resulted in a later adopted initiative restricting the timing of development to prevail over such parties’ agreement, it is the Parties’ intent to cure that deficiency by acknowledging and providing that Developer shall have the right to develop the Property consistent with the Project Approvals and the Conditions of Approval in such order and at such rate and at such times as Developer deems appropriate within the exercise of its sole and subjective business judgment during the term of -7-
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this Agreement. This provision shall be broadly construed to provide Developer the greatest amount of time and flexibility (in light of the Pardee Case and/or any other similar or distinguishing cases) as necessary or appropriate to permit Developer to complete the development of the Project irrespective of later adopted rules, regulations or initiatives which would otherwise restrict Developer’s time to complete the Project.
7. Permitted Uses; Density; Building Heights and Sizes; Required Dedications. City and Developer hereby agree that the permitted uses of the Property, the density and intensity of such uses, the maximum heights and sizes of the buildings and improvements to be constructed on the Property, and the reservation and dedication of land for public purposes, if any, required in connection with the development of the Property shall be as set forth in and consistent with the Project Approvals, as they may be lawfully amended from time to time other than by initiative. Developer shall not cause or permit any use of the Property that is not permitted by the Project Approvals, and shall not cause or permit the construction of any building or improvement that exceeds the maximum density, building heights and/or building sizes set forth in or otherwise required by the Project Approvals, as they may be lawfully amended from time to time other than by initiative.
8. Developer’s Rights. Developer shall have and is hereby vested with the rights, during the term of this Agreement, to develop the Project as set forth in the Project Approvals, as they may be lawfully amended from time to time other than by initiative, all of which are hereby incorporated in this Agreement by reference. Developer agrees that any proposals for subdivision of the Project site shall be through tentative subdivision maps and not by vesting tentative subdivision maps.
9. Changes in Applicable Rules.
(a) Non-Application of Changes in Applicable Rules. The adoption of any Subsequent Land Use Regulations after the Effective Date of this Agreement, or any change in, or addition to, the Applicable Rules (other than changes in Processing Fees and taxes), including, without limitation, any changes in the General Plan or the Zoning Regulations (including any regulation relating to the timing, sequencing, or phasing of the Project or construction of all or any part of the Project), and any changes in Developer Fees (which expression “changes in Developer Fees” includes under this Agreement new or additional Development Fees), adopted after the Effective Date of this Agreement, including, without limitation, any such change by means of ordinance, initiative, resolution, motion, policy, order or moratorium, initiated or instituted for any reason whatsoever and adopted by any board, agency, commission or department of City, or by the electorate, as the case may be, which would, absent this Agreement, otherwise be applicable to the Project shall not be applied to the Project during the term of this Agreement unless such changes represent an exercise of City’s Reserved Powers.
Notwithstanding the foregoing, if Developer has not obtained its first Building Permit and commenced construction of the Project within five (5) years of the Effective Date, the Project shall be subject to all changes in Developer Fees adopted by City between the Effective Date and the commencement of the construction of the Project. Said five (5) year period for the commencement of construction shall be extended during the period of any “Permitted Delay” under Section 30 below which occurs after the issuance of the first Building Permit. (b) Changes in Uniform Codes. Notwithstanding any provision of this Agreement to the contrary, development of the Project shall be subject to changes occurring -8-
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from time to time in the provisions of City’s building, mechanical, plumbing, electrical regulations and similar regulations which are based on the recommendations of a multi-state professional organization and become applicable throughout City, including, but not limited to, the California Building Code, and other similar or related uniform codes. (c) Changes Mandated by Federal or California Laws or Regulations.
Changes in, or additions to, the Applicable Rules adopted or made operative on or after the Effective Date shall apply to the Project if such changes or additions are specifically mandated to be applied to developments such as the Project, irrespective of vested rights, by applicable California or federal laws or regulations as provided in California Government Code Section 65869.5 or any successor provision or provisions. Where City or Developer believes that such a change or addition exists, that Party shall provide the other Party hereto with a copy of such California or federal law or regulation and a statement of the nature of its conflict with the provisions of the Applicable Rules and/or of this Agreement. The City’s determination as to the applicability of the change or addition to California or federal laws to the Project shall be final and conclusive. However, nothing in this Agreement shall deprive Developer of the rights possessed by any other property owner, absent vested rights, to challenge the appropriateness of the application to the Project of the change or addition. In the event such changes in the law prevent or preclude compliance with one or more of the provisions of the Agreement, such provisions of the Agreement shall be modified or suspended or performance thereof delayed, as may be necessary to comply with such changes in the law. (d) Changes in Processing Fees and Taxes Under Applicable Rules. The Project shall be subject to any increase in taxes and Processing Fees imposed by City, provided that such a change is applied on a Citywide basis.
(e) California Health and Safety Regulations. Nothing in the Development Agreement shall prevent the application of health and safety regulations that become applicable to the City as a whole.
(f) Utility Undergrounding. Notwithstanding anything in this Agreement to the contrary, in no event shall Developer be required to underground the above-ground utility lines along Compton Boulevard.
10. Developer’s Obligations.
(a) Conditions of Approval. Developer shall comply with the Conditions of Approval.
(b) Fees Associated with Construction. Developer agrees to pay all fees associated with the construction of the Project, including land use approvals, development fees, taxes and Processing Fees, including City plan check fees, building inspection fees, and permit fees at the rate and amount associated with such fees in effect at the time application is made for such approvals or permits. Developer will be exempt from any changes to Development Fees; during the term of this Agreement, as it may be extended. (c) Development Agreement Fee. Developer shall pay to City a Development Agreement Fee of $400,000 at or prior to the close of escrow pursuant to the Purchase and Sale Agreement between the City and Developer.
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11. Building Permit Issuance. City shall be under no obligation to issue a Building Permit for the Project until: (i) all the fees due before issuance of a Building Permit have been fully paid or otherwise fulfilled; and (ii) any lender whose lien is prior and superior to the lien created by this Agreement or any conveyance or covenant required by this Agreement shall have agreed to subordinate its lien to the lien, conveyances and covenants created and required by this Agreement.
12. Default. Failure by City or Developer to perform any term or provision of this Agreement for a period of thirty (30) days from the receipt of written notice thereof from the other shall constitute a default under this Agreement, subject to extensions of time by mutual consent in writing. Said notice shall specify in detail the nature of the alleged default and the manner in which said default may be satisfactorily cured. If the nature of the alleged default is such that it cannot reasonably be cured within such thirty (30)-day period, the commencement of the cure within such time period and the diligent prosecution to completion of the cure shall be deemed a cure within such period. Notwithstanding the above, failure to make a Development Agreement Fee payment shall not constitute a default by Developer if City has presented the Payment Security provided pursuant to Section 10 and been paid the amount of the applicable portion of the Development Agreement Fee by the issuer of the Payment Security.
Subject to the foregoing, after notice and expiration of the thirty (30)-day period without cure, the notifying party, at its option, shall have all rights and remedies provided by law and/or may give notice of intent to terminate this Agreement pursuant to Government Code Section 65868 (as the same section may be amended and/or re-codified from time to time).
Following such notice of intent to terminate, the matter shall be scheduled for consideration and review by the City Council within thirty (30) calendar days in the manner set forth in Government Code Sections 65867 and 65868 (as the same sections may be amended and/or re-codified from time to time). Following consideration of the evidence presented in said review before the City Council and a determination that a default exists, the Party alleging the default by the other Party may give written notice of termination of this Agreement to the other Party. Upon any such termination, the respective rights, duties and obligations of the Parties hereto shall without further action cease as of the date of such termination (except as to duties and obligations that arose prior to the date of such termination). In no event shall monetary damages be available against City for any alleged default or breach by City. In no event shall consequential damages be available against Developer or any seller of any portion of the Property for any alleged default or breach of this Agreement.
13. Termination and Expiration. Upon the expiration of the term or termination of this Agreement, this Agreement shall terminate and be of no further force or effect; provided, however, such termination shall not affect Developer’s obligations under Section 10, nor the obligation to pay any claim of any Party hereto arising out of the provisions of this Agreement prior to the effective date of such termination. The obligations under Section 10 and the obligation to pay any claim arising before the effective date of termination shall continue after termination in perpetuity or until completed.
14. Transfers of Interests in Property or Agreement. In the event of a proposed transfer of interest in the Property or in this Agreement, or any portion thereof, by Developer, Developer agrees to provide City at least thirty (30) days’ written notice of such proposed transfer and shall provide satisfactory evidence that the transferee will assume in writing through an assignment and assumption agreement all remaining obligations of Developer under this -10-
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Agreement. The assignment and assumption agreement shall be in a form satisfactory to the City Attorney. However, Developer has no obligation to obtain the consent of City to assign this Agreement to a transferee. Notwithstanding the foregoing: (i) the terms, covenants and conditions of this Agreement shall be binding upon any transferee whether or not such an assignment and assumption agreement is signed by the assignee upon acquiring the Property; and (ii) no such transfer shall relieve Developer (transferor) of any obligations under this Agreement.
15. Mortgagee Protection.
(a) In General. The provisions of this Agreement shall not prevent or limit Developer’s right to encumber the Property or any portion thereof or any improvement thereon by any mortgage, deed of trust or other security device securing financing with respect to such portion. City acknowledges that Mortgagees may require certain interpretations and modifications of this Agreement and agrees upon request, from time to time, to meet with Developer and representatives of such Mortgagees to negotiate in good faith any such request for interpretation or modification. City shall not unreasonably withhold its consent to any such requested interpretation or modification provided such interpretation or modification is consistent with the intent and purposes of this Agreement and does not, in City’s sole determination, diminish City’s benefits from this Agreement. Any Mortgagee shall be entitled to the rights and privileges set forth in this Section. (b) Notice of Default to Mortgagee. If a Mortgagee has submitted a request in writing to City in the manner specified herein for giving notices, City shall exercise its best efforts to provide to such Mortgagee written notification from City of any failure or default by Developer in the performance of Developer’s obligations under this Agreement, which notification shall be provided to such Mortgagee atsuch time assuch notification is delivered to Developer.
(c) Right of Mortgagee to Cure. Any Mortgagee shall have the right, but not the obligation, to cure any failure or default by Developer during the cure period allowed Developer under this Agreement, plus an additional sixty (60) days in order to cure such failure or default. It is necessary for the Mortgagee to obtain possession of the property such as by seeking the appointment of a receiver or other legal process. Any Mortgagee that undertakes to cure or attempt to cure any such failure or default shall provide written notice to City that it is undertaking efforts of such a nature, provided that no initiation of any such efforts by a Mortgagee shall obligate such Mortgagee to complete or succeed in any such curative efforts.
(d) Liability for Past Defaults or Obligations. Subject to the foregoing, any Mortgagee, including the successful bidder at a foreclosure sale, who comes into possession of the Project or the Property or any part thereof pursuant to foreclosure, eviction or otherwise, shall take such property subject to the terms of this Agreement and in no event shall any such property be released from any obligations associated with its use and development under the provisions of this Agreement. Nothing in this Section shall prevent City from exercising any remedy it may have for a default under this Agreement; provided, however, that in no event shall such Mortgagee personally be liable for any defaults or monetary obligations of Developer arising prior to acquisition of possession of such property by such Mortgagee.
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16. Binding Effect. All of the provisions, agreements, rights, powers, standards, terms, covenants and obligations contained in this Agreement shall be binding upon the Parties and their respective heirs, successors (by merger, reorganization, consolidation or otherwise) and assigns, devisees, administrators, representatives, lessees, and all other persons acquiring the Property, or any portion thereof, or any interest therein, whether by operation of law or in any manner whatsoever, and shall inure to the benefit of the parties and their respective heirs, successors and assigns. All of the provisions of this Agreement shall constitute covenants running with the land.
17. Indemnification.
(a) Developer agrees to and shall indemnify, hold harmless, and defend, City and its respective officers, officials, members, agents, employees, and representatives (“Indemnitees”), from liability or claims for death or personal injury and claims for property damage which may arise from the acts, errors, and/or omissions of Developer or its contractors, subcontractors, agents, employees or other persons acting on its behalf in relation to the Project and/or in any manner arising from this Agreement; provided that Developer’s indemnification obligations under this paragraph shall not apply to any of the foregoing which arises as a result of an Indemnitee’s willful misconduct or gross negligence. The foregoing indemnity applies to all deaths, injuries, and damages, and claims therefor, suffered or alleged to have been suffered by reason of the acts, errors, and/or omissions referred to in this Section, regardless of whether or not City prepared, supplied, or approved plans or specifications, or both. In the event of litigation, City agrees, at no cost to City, to cooperate with Developer. This indemnification, hold harmless and defense requirement shall survive the termination or expiration of this Agreement. City reserves the right, in cases subject to this indemnity, to reasonably approve the attorney selected by Developer to defend Developer and City in any such action. (b) In the event of any court action or proceeding challenging the validity of this Agreement, any of the Project Approvals or any CEQA determination for the Project, Developer shall defend, at its own expense, the action or proceeding. In addition, Developer shall reimburse City for City’s costs in defending any court action or proceeding challenging the validity of this Agreement, any of the Project Approvals or any CEQA determination and Developer shall also pay any award of costs, expenses and fees that the court having jurisdiction over such challenge makes in favor of any challenger and against City. Developer shall cooperate with City in any such defense as City may reasonably request and may not resolve such challenge without the agreement of City. In the event Developer fails or refuses to reimburse City for its cost to defend any challenge to this Agreement, the Project Approvals or any CEQA determination, City shall have the right to terminate this Agreement, subject to the notice and cure requirements of Section 12 above. In all events, City shall have the right to resolve any challenge in any manner, in its sole discretion; provided, however, Developer’s consent shall be required if the resolution of the challenge shall require a payment by Developer or limit Developer’s rights under this Agreement.
In order to ensure compliance with this Section, within twenty (20) days after notification by City of the filing of any claim, action or proceeding to attack, set aside, void or annul this Agreement, any of the Project Approvals or the CEQA documentation prepared and adopted for the Project, Developer shall deposit with City cash or other security in the amount of one-hundred thousand dollars ($100,000), satisfactory in form to the City Attorney, guaranteeing indemnification or reimbursement to City of all costs related to any action triggering the -12-
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obligations of this Section. If City is required to draw on that cash or security to indemnify or reimburse itself for such costs, Developer shall restore the deposit to its original amount within fifteen (15) days after notice from City. Additionally, if at any time the City Attorney determines that an additional deposit or additional security up to an additional fifty thousand dollars ($50,000) is necessary to secure the obligations of this Section, Developer shall provide such additional security within fifteen (15) days of notice from the City Attorney. City shall promptly notify Developer of any claim, action or proceeding within the scope of this Section. City shall cooperate fully in the defense of any such claim or action, but shall have the right to resolve any challenge, in any manner, in its sole discretion; provided, however, Developer’s consent shall be required if the resolution of the challenge shall require a payment by Developer or limit Developer’s rights under this Agreement.
18. Relationship of the Parties. The Parties acknowledge and agree that Developer is not acting as an agent, joint venture or partner of City, but each is, in fact, an independent contractual party and not in any way under the control or direction of City except as is expressly provided to the contrary in this Agreement.
19. Recordation. The City Clerk shall record a copy of this Agreement with the Registrar-Recorder of the County of Los Angeles no later than ten (10) days after the effective date of the ordinance approving this Agreement. Developer shall reimburse City for all costs of such recording, if any.
20. No Third-Party Beneficiaries. The only signatories to this Agreement are City and Developer. There are no third-party beneficiaries, and this Agreement is not intended and shall not be construed to benefit or be enforceable by any other person whatsoever other than the successors in interest of the signatories.
21. Advice; Neutral Interpretation. Each Party has received independent legal advice from its attorneys with respect to the advisability of executing this Agreement and the meaning of the provisions hereof. This Agreement has been drafted through a joint effort of the Parties and their counsel and therefore shall not be construed against either of the Parties in its capacity as draftsperson, but in accordance with its fair meaning.
22. Certificate of Compliance. At any time during the term of this Agreement, any Mortgagee or other party may request any Party to this Agreement to confirm that (i) this Agreement is unmodified and in full force and effect (or if there have been modifications hereto, that this Agreement is in full force and effect as modified and stating the date and nature of such modifications) and that (ii) to the best of such Party’s knowledge, no defaults exist under this Agreement or if defaults do exist, to describe the nature of such defaults and (iii) any other information reasonably requested. Each Party hereby agrees to provide a certificate to such lender or other party within ten (10) Business Days of receipt of the written request therefor.
23. Consideration. City and Developer acknowledge and agree that there is good, sufficient and valuable consideration flowing to City and to Developer pursuant to this Agreement as more particularly set forth in the Recitals and Section 2 of this Agreement. The Parties further acknowledge and agree that the exchanged consideration hereunder is fair, just and reasonable.
24. Periodic Reviews.
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(a) Annual Reviews. City shall conduct annual reviews to determine whether Developer is acting in good faith compliance with the provisions of this Agreement and Government Code Section 65865.1. The reasonable cost of each annual review conducted during the term of this Agreement shall be reimbursed to City by Developer. Such reimbursement shall include all direct and indirect expenses reasonably incurred in such annual reviews. (b) Special Reviews. In addition, the City Council of City may order a special periodic review of Developer’s compliance with this Agreement at any time. The cost of such special reviews shall be borne by City, unless such a special review demonstrates that Developer is not acting in good faith compliance with the provisions of this Agreement. In such cases, Developer shall reimburse City for all costs, direct and indirect, incurred in conjunction with such a special review.
(c) Procedure for Review. City’s Director of Community Development (the “Community Development Director”) shall conduct the review contemplated by this Section to ascertain whether Developer has complied in good faith with the terms and conditions of this Agreement during the period for which the review is conducted. The Community Development Director shall give Developer written notice that any such review has been commenced and shall give Developer at least twenty (20) days after Developer’s receipt of such notice to provide to the Community Development Director such information as Developer deems relevant to such review. In addition, upon the written request of the Community Development Director, Developer shall furnish such documents or other information as requested by the Community Development Director.
(d) Result of Review. If following such a review, the Community Development Director finds good faith compliance by Developer with the terms and conditions of this Agreement, the Community Development Director shall issue to Developer an executed certificate of compliance, certifying Developer’s good faith compliance with the terms and conditions of this Agreement through the period of such review. Such certificate shall be in recordable form and shall contain such information as may be necessary to impart constructive record notice of the finding of good faith compliance hereunder. Developer shall have the right to record such certificate of compliance in the Official Records of the County of Los Angeles.
If, following such a review, the Community Development Director finds that Developer has not complied in good faith with the terms and conditions of this Agreement, the Community Development Director shall specify in writing the respects in which Developer has failed to so comply. The Community Development Director shall provide Developer with written notice of such noncompliance as provided in Section 12, and City may follow the default procedures as set forth in Section 12.
(e) Effect on Default. Nothing in this Section shall be interpreted to prevent City from providing Developer with a notice of default hereunder at any time, including any time other than during a periodic review under this Section, or from terminating this Agreement pursuant to the provisions of Section 12 following any event of default by Developer.
25. Future Litigation Expenses.
(a) Payment of Prevailing Party. If City or Developer brings an action or proceeding (including, without limitation, any motion, order to show cause, cross-complaint, -14-
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counterclaim, third-party claim or arbitration proceeding) by reason of default, breach, tortious act, or act or omission, arising out of this Agreement, the prevailing party in such action or proceeding shall be entitled to its costs and expenses of suit including, but not limited to, reasonable attorneys’ fees and expert witness fees.
(b) Scope of Fees. Attorneys’ fees under this Section shall include attorneys’ fees on any appeal and, in addition, a party entitled to attorneys’ fees shall be entitled to all other reasonable costs and expenses incurred in connection with such action. In addition to the foregoing award of attorneys’ fees to the prevailing party, the prevailing party in any lawsuit shall be entitled to its attorneys’ fees incurred in any post-judgment proceedings to collect or enforce the judgment. This provision is separate and several and shall survive the merger of this Agreement into any judgment on this Agreement.
(c) Headings. The section headings used in this Agreement are for convenient reference only and shall not be used in construing this Agreement. The words “include,” “including” or other words of like import are intended as words of illustration and not limitation and shall be construed to mean “including, without limitation.”
26. Amendment. This Agreement may be amended from time to time, in whole or in part, by mutual written consent of the Parties or their successors in interest, as follows:
(i) City and Developer, by mutual agreement, may terminate or amend the terms of this Agreement; and the amendment or termination shall be accomplished in the manner provided under California law for the enactment of Development Agreement amendments.
(ii) Except as may be otherwise agreed to by the Parties, no amendment of this Agreement shall be required in connection with the issuance of any Subsequent Project Approval. Any Subsequent Project Approval issued after the Effective Date of this Agreement automatically shall be incorporated into this Agreement and vested hereby.
27. Alterations. No alteration, amendment or modification of this Agreement shall be valid unless evidenced by a written instrument executed by the Parties hereto with the same formality as this Agreement, and made in the manner required by the Development Agreement Act.
28. Waiver. The failure of either Party hereto to insist in any one or more instances upon the strict performance of any of the covenants, agreements, terms, provisions or conditions of this Agreement, or to exercise any election or option herein contained, shall not be construed as a waiver or relinquishment for the future of such covenant, agreement, term, provision, condition, election or option, but the same shall continue and remain in full force and effect. No waiver by any Party hereto of any covenant, agreement, term, provision or condition of this Agreement shall be deemed to have been made unless expressed in writing and signed by an appropriate official or officer on behalf of such Party.
29. Severability. If any article, section, subsection, term or provision of this Agreement, or the application thereof to any party or circumstance, shall, to any extent, be invalid or unenforceable, the remainder of the article, section, subsection, term or provision of this Agreement, or the application of the same to parties or circumstances other than those to which it is held invalid or unenforceable, shall not be affected thereby, and each remaining article, -15-
C1658-0001\2363188v4.doc
section, subsection, term or provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law, except that if any provision of Section 10 is held invalid or unenforceable before approval of a tentative subdivision map for the Project, then this entire Agreement shall be void and unenforceable and of no further force and effect.
30. Force Majeure. Performance by any Party of its obligations hereunder (other than for payment of money) shall be excused during any period of “Permitted Delay,” which Permitted Delay shall mean and include delay caused by an event beyond the reasonable control of the Party claiming the delay (and despite the good faith efforts of such Party) that prevents the Party from fulfilling the obligations for which it seeks excuse including without limitation all of the following to the extent that they prevent the Party claiming delay from fulfilling the obligation from which it seeks to be excused: acts of God; civil commotion; riots; strikes; picketing or other labor disputes; shortages of materials or supplies; damage to work in progress by reason of fire, floods, earthquake or other casualties; failure, delay or inability of the other Party to act; terrorism, and litigation brought by a third party attacking the validity of this Agreement, the Project Approvals or the related CEQA determination.
31. Notices. All notices, disclosures, demands, acknowledgments, statements, requests, responses and other communications (each, a “Communication”) to be given under this Agreement shall be in writing, signed by a signatory hereto (or an officer, agent or attorney of such party) giving such Communication, and shall be deemed effective (i) upon receipt if hand delivered or sent by overnight courier service; or (ii) upon delivery or the date of refusal if sent by the United States mail, postage prepaid, certified mail, return receipt requested, in either case addressed as follows:
To Developer: City Ventures Homebuilding, LLC
Attn: Ryan Aeh, Vice President of Land Acquisitions
3121 Michelson Drive, Suite 150
Irvine, California 92612
To City: Willie A. Hopkins Jr., City Manager
City of Compton
205 South Willowbrook Avenue
Compton, California 90220
With a copy to: Eric J. Perrodin, City Attorney
City of Compton
205 South Willowbrook Avenue
Compton, California 90220
Any signatory hereto may from time to time, by notice given to the other signatories hereto pursuant to the terms of this Section, change the address to which communications to such signatory are to be sent or designate one or more additional persons or entities to which communications are to be sent.
32. Applicable Law. This Agreement shall be governed in all respects by the laws of the State of California.
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33. Time is of the Essence. Time is of the essence of this Agreement and every term or performance hereunder.
34. Exhibits. Exhibit A constitutes a part of this Agreement and is incorporated into this Agreement by this reference.
35. Entire Agreement. This Agreement supersedes any prior understanding or written or oral agreements between the Parties hereto respecting the within subject matter and contains the entire understanding between the Parties with respect thereto.
36. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument.
37. Compliance With Law. Notwithstanding any provision of this Agreement, the Parties agree to comply with all federal, State and local laws and to act in good faith and reasonably in carrying out the terms of this Agreement.
38. Authorization. Each person executing this Agreement on behalf of his or her Party warrants that he or she is duly authorized to execute and deliver this Agreement on behalf of that Party and that by such execution, that Party is formally bound to the provisions of this Agreement.
IN WITNESS WHEREOF, the Parties hereto have entered into this Agreement as of the ___ day of __________, 2024.
CITY OF COMPTON,
a California municipal corporation
________________________________________
Emma Sharif,
Mayor of the City of Compton, California
ATTEST:
________________________________________
Vernell McNeil
City Clerk
APPROVED AS TO FORM:
________________________________________
Eric J. Perrodin
City Attorney
APPROVED AS TO CONTENT:
CITY VENTURES HOMEBUILDING,
LLC,
a Delaware limited liability company
By: City Ventures Communities, LLC, a
Delaware limited liability company, its sole
member
Name: _____________________________
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________________________________________
Willie A. Hopkins Jr.
City Manager
ACKNOWLEDGMENT
A notary public or other officer completing
this certificate verifies only the identity of
the individual who signed the document to
which this certificate is attached, and not
the truthfulness, accuracy, or validity of that
document.
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On before me, ________________________________________ Notary Public, personally appeared ________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity, and that by his/her/their signature(s) on the instrument the person(s), or the entity(ies) upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Place Notary Seal Above Signature of Notary Public
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ACKNOWLEDGMENT
A notary public or other officer completing
this certificate verifies only the identity of
the individual who signed the document to
which this certificate is attached, and not
the truthfulness, accuracy, or validity of that
document.
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On before me, ________________________________________ Notary Public, personally appeared ________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity, and that by his/her/their signature(s) on the instrument the person(s), or the entity(ies) upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Place Notary Seal Above Signature of Notary Public
Exhibit A-1
EXHIBIT A
LEGAL DESCRIPTION
Real property in the City of Compton, County of Los Angeles, State of California, described as follows:
THE NORTHERLY 223.5 FEET OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF LOT “G” OF THE TEMPLE AND GIBSON TRACT, IN THE CITY OF COMPTON,
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 2 PAGE 540 OF MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
EXCEPT THEREFROM THE EASTERLY 70 FEET THEREOF.
ALSO, EXCEPT THEREFROM THAT PORTION OF SAID LAND AS DESCRIBED IN THE DEED TO THE CITY OF COMPTON, RECORDED OCTOBER 1, 1948 IN BOOK 28405 PAGE 79, OFFICIAL RECORDS, AS INSTRUMENT NO. 1844, AS DESCRIBED IN PARCELS 1 AND 2 BELOW:
PARCEL 1:
THAT PORTION OF SAID LOT “G” OF THE TEMPLE AND GIBSON TRACT, IN THE CITY OF
COMPTON, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 2 PAGE 540 OF MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE NORTHERLY LINE OF SAID LOT “G” (SAID NORTHERLY LINE BEARS NORTH 89 DEGREES 58 MINUTES 40 SECONDS EAST), DISTANT THEREON 592.62 FEET EASTERLY FROM THE NORTHWESTERLY CORNER OF SAID LOT “G”; THENCE SOUTH 13 DEGREES 19 MINUTES 40 SECONDS EAST, A DISTANCE OF 223.80 FEET; THENCE SOUTH 89 DEGREES 38 MINUTES 40 SECONDS WEST, A DISTANCE OF 30 FEET; THENCE NORTH 13 DEGREES 19 MINUTES 40 SECONDS WEST TO THE NORTHERLY LINE OF SAID LOT “G”; THENCE EASTERLY ALONG SAID NORTHERLY LINE OF SAID LOT “G” TO THE POINT OF BEGINNING TO BE KNOWN AS KEMP STREET.
PARCEL 2:
THE WESTERLY 27 FEET OF THE NORTHERLY 223.50 FEET OF THE NORTHWEST QUARTER OF LOT “G” OF TEMPLE AND GIBSON TRACT, IN THE CITY OF COMPTON,
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 2 PAGE 540 OF MISCELLANEOUS RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, TO BE KNOWN AS DWIGHT STREET. EXCEPT THEREFROM ALL OIL, GAS, MINERAL AND HYDROCARBON SUBSTANCES LYING BELOW A DEPTH OF 500
FEET FROM THE SURFACE OF SAID LAND, WITHOUT RIGHT OF SURFACE ENTRY, WHICH RIGHT IS RESERVED IN THE DEED FROM ROBERT L. HOROWITZ AND ELEANOR HOROWITZ, HIS WIFE, CLARENCE K. HOROWITZ AND ROSALIE H. HOROWITZ, HIS
WIFE, AND
Exhibit A-2
FREDRICK G. HOROWITZ AND BARBARA J. HOROWITZ; HIS WIFE, RECORDED MARCH 3, 1970 AS INSTRUMENT NO. 215.
APN: 6161-001-902
April 2, 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
5. Staff Report – Future Buildings
page 2, April 2, 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 as follows:
Increase in Revenue Appropriation:
Account No. Description Amount
1001-000-000-3920 Contribution From Other Funds $45,000.00 Increase in Expenditure Appropriation:
Account No. Description Amount
1004-610-000-4290 Contribution To Other Funds $45,000.00 Also, a 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
Staff Report – Future Buildings
page 3, April 2, 2024
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:
Increase in Revenue Appropriation:
Account No. Description Amount
1001-000-000-3920 Contribution From Other Funds $45,000.00 Increase in Expenditure Appropriation:
Account No. Description Amount
1004-610-000-4290 Contribution To Other Funds $45,000.00 Also, a transfer funds between accounts as follows:
From: Description Amount
1004-690-000-4238 Special Projects $45,000.00
Resolution No. __________
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
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
April 2, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BRYAN K. SPRAGG, DIRECTOR OF RECREATION
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AMENDING THE RECREATION DEPARTMENT 2023-
2024 ANNUAL BUDGET TO ACCEPT AND APPROPRIATE A
GRANT FROM THE LOS ANGELES DODGERS FOUNDATION IN
THE AMOUNT OF $37,800, ALLOCATING FUNDS FOR THE
DODGER DREAMTEAM PROGRAM, AND AUTHORIZING THE
CITY MANAGER TO ENTER INTO AN AGREEMENT WITH
HAROLD JOHNSON AS THE DREAMTEAM COORDINATOR AND
ISSUE A PURCHASE ORDER IN THE AMOUNT OF $27,000.
SUMMARY
This Resolution will amend the Recreation Department 2023-24 Fiscal Year annual budget, accept the grant from the Los Angeles Dodgers Foundation in the amount of Thirty-Seven Thousand, Eight Hundred and Zero Cents ($37,800.00), allocate funds for the Dodger Dreamteam Program, including authorize an agreement for Harold Johnson as the Dodger Dreamteam Coordinator.
BACKGROUND
On November 8th, 2023, the Recreation Department (‘Department”) applied for and was awarded grant funding in the amount of $37,800, as well as other in-kind contributions, from the Los Angeles Dodgers Foundation (LADF) through the Dodgers Dreamteam Program. The grant funding will assist the Recreation Department in purchasing field preparation items, providing an allowance for a Dodger Dreamteam Coordinator, and umpire fees to support this year's Dodgers Dreamteam Baseball League. This resolution authorizes the City Manager to enter into a letter of agreement with the Los Angeles Dodgers Foundation (LADF) to accept and appropriate grant funding.
The Dodgers Dreamteam Program is a baseball and softball youth development program funded by the Los Angeles Dodgers Foundation (LADF). The program aims to increase participation in youth baseball while bringing awareness to education, literacy, health, wellness and recreational resources in the Community. The City’s Recreation Department is preparing to serve up to four hundred and eighty (480) Compton youth ages 5 through 18 during the 2024 Spring and Summer Baseball Seasons.
6. Staff Report – Amending the Recreation Department’s 2023-2024 Budget, Accepting Grant from the Dodgers Foundation, Allocate Funds, & Enter into an Agreement with Harold Johnson April 2, 2024, Page 2
As an affiliate partner and grantee, the City of Compton Recreation Department will continue to facilitate the day to day operations of the Dodger Dreamteam Baseball League and will receive the following:
Uniforms for every player to include home and away jersey, pants, socks, hats/visors, and practice t-shirts
Equipment kits for every team to include gloves, bats, tees, catcher’s gear, baseballs, and softball
Branded polo shirts for every coach
Live workshops and skills training for all coaches
Dodgers Dreamteam Coordinator Position
Grants to offset umpire and field maintenance costs
Marketing and recruitment support to include fliers and banners LADF staff support
Access to education and health resources for youth and families, college tours, eye screenings/exams/glasses, financial literacy seminars, and fitness clinics ● Work with LADF to complete SEL surveys for program participants using Hello Insight pre- and post-surveys.
● Create a Parent Advisory Team (PAT) within your agency. This is a volunteer parent involvement group to support parent engagement.
● Promote and recruit participants for ongoing programs that LADF offers. ● Be accountable to providing data and information to LADF to support the implementation and growth of the program at City of Compton.
The Grant requires the City to hire a Dodger Dreamteam Coordinator who will assist in overseeing program logistics. Subsequently, the Grants Division conducted an RFP to select an individual to serve as the Dodgers Dreamteam Coordinator. As a result of this procurement process, the City selected Mr. Harold Johnson. as the Dodgers Dreamteam Coordinator. Due to Mr. Johnson’s level of service, the City of Compton has decided to renew the agreement with Mr. Johnson. 1) Mr. Harold Johnson’s compensation will be $25 per hour. 2) Total compensation is not to exceed $27,000 per the agreement from the Los Angeles Dodgers Foundation.
Mr. Harold Johnson served the City well through the Compton Little League Baseball team over the past thirty years. He was president of the league during the 90’s and Vice President from 2000 until present. He volunteered for Parks and Recreation Department as a Coach for several years through the City’s Parks and Recreation Department and coached championship teams in 2017 and 2018. He briefly worked with the Dodgers Urban Youth Academy at Compton College and has received accolades from Dodger Foundation staff members. Overall, Mr. Johnson has demonstrated his capacity through the RFP process as well as his volunteer efforts in Staff Report – Amending the Recreation Department’s 2023-2024 Budget, Accepting Grant from the Dodgers Foundation, Allocate Funds, & Enter into an Agreement with Harold Johnson April 2, 2024, Page 3
the City.
As a contracted partner to the City of Compton, the Dreamteam Coordinator will assist in delivering a high-quality program for youth to enjoy. The Dodgers Dreamteam Coordinator role is designed to work in partnership with the Los Angeles Dodgers Foundation, the local community, and the City of Compton staff to effectively deliver the Dodgers Dreamteam program. The Coordinator can be paid up to $27,000 to administer the following scope of work.
Scope of Work
● Recruit players/participants for the Dodgers Dreamteam program, resulting in full rosters for the City of Compton
● Recruit and assign coaches for all of the Dodgers Dreamteam programs at our site(s).
● Set goals and establish plans to continue to grow participation in the Dodgers Dreamteam program with a specific focus on girls, teens and all minority youth. ● Manage and coordinate Field Champions to maximize participation and engagement in the community. Field Champions are assigned to you by LADF through a partnership with Up2Us Sports.
● Serve as a liaison in your community to engage kids and families in the Dodgers Dreamteam program and educate them about what the program has to offer. ● Communicate directly with parents and families to help them understand the logistics of the program operations. This includes ongoing and frequent communications with parents.
● Serve as the primary point of contact for LADF staff with City of Compton. LADF staff will work with the Dodgers Dreamteam Coordinator to provide resources to support the implementation of the program, including equipment and uniforms. ● Manage all scheduling associated with the Dodgers Dreamteam program. ● Attend games and practices and be the visible point of contact for staff, coaches, volunteers and participants in the program.
● Schedule and secure umpires for all Dodgers Dreamteam program games. ● Maintain the use of LeagueApps for City of Compton ensuring that player and coach registrations are up-to-date, and all rosters are created and regularly maintained throughout the season.
The Recreation Department will oversee the Coordinator, record hours worked, ensure the aforementioned scope of work is conducted, and determine authorized hours of work. This partnership will ensure that the City provides excellent recreation programming to the residents of Compton.
Staff Report – Amending the Recreation Department’s 2023-2024 Budget, Accepting Grant from the Dodgers Foundation, Allocate Funds, & Enter into an Agreement with Harold Johnson April 2, 2024, Page 4
STATEMENT OF ISSUE
City Management is recommending that Council accept and appropriate grant funds from the Los Angeles Dodgers Foundation for the City of Compton’s Dreamteam Youth Baseball League. The Recreation Department is also requesting that Council authorize City Management to enter into an agreement with Mr. Harold Johnson. The Coordinator can be paid up to Twenty-Seven Thousand Dollars ($27,000) based on hours worked according to the scope of work listed above. Additionally, Ten Thousand Eight Hundred Dollars ($10,800) is set aside for items necessary to operate the program such as field equipment and umpire fees.
FISCAL IMPACT
The adoption of this Resolution will amend the Recreation Department’s Fiscal Year 2023-2024 annual budget to increase revenue and appropriate expenditures as follows:
Increase Revenue
Account Number Description Amount
2685-840-002-3581 Private Agency Grant $37,800
Increase Expenditures
Account Number Description Amount
2685-840-002-4266 Other Contract Services $27,000
2685-840-002-4238 Special Projects $10,800
That the City Manager is authorized to enter into an agreement and issue a Purchase Order to Harold Johnson for an amount not to exceed $27,000.00 from account number 2685-840-000-4266.
RECOMMENDATION
It is Staff’s recommendation that the City Council adopt the attached Resolution.
WILLIE A. HOPKINS JR.
CITY MANAGER
RESOLUTION NO. __________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AMENDING THE RECREATION DEPARTMENT 2023-2024 ANNUAL BUDGET
TO ACCEPT AND APPROPRIATE A GRANT FROM THE LOS ANGELES
DODGERS FOUNDATION IN THE AMOUNT OF $37,800, ALLOCATING
FUNDS FOR THE DODGER DREAMTEAM PROGRAM, AND AUTHORIZING
THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH HAROLD
JOHNSON AS THE DREAMTEAM COORDINATOR AND ISSUE A PURCHASE ORDER IN THE AMOUNT OF $27,000.
WHEREAS, on November 8, 2023, the City applied for and was awarded grant funding in the amount of $37,800, as well as other in-kind contributions, from the Los Angeles Dodgers Foundation (LADF) through their Dodgers Dreamteam (Formerly Dodgers RBI) Program; and
WHEREAS, the grant funding will assist the Recreation Department in purchasing field preparation items, provide an allowance for the Dodgers Dreamteam Coordinator wages, and umpire fees in support of this year’s Dodgers Dreamteam Baseball League; and
WHEREAS, the award of this grant will allow the Department to serve up to four hundred eighty (480) Compton youth ages 5 through 18 years during the 2024 Spring and Summer Baseball Season; and
WHEREAS, the Dodgers Dreamteam Program is a baseball and softball youth development program of the Los Angeles Dodgers Foundation (LADF). It aims to increase participation in youth baseball while bringing awareness to education, literacy, health, wellness and recreational resources in the Community; and WHEREAS, the Department desires to accept and appropriate a Grant from the Los Angeles Dodgers Foundation in the amount of $37,800 for the purpose of administering the City of Compton’s Dodgers Dreamteam Youth Baseball League; and WHEREAS, the Grant requires that the City select a Dreamteam Coordinator to assist with oversight of the program; and
WHEREAS, The Grant requires the City to hire a Dodger Dreamteam Coordinator who will assist in overseeing program logistics. Subsequently, the Grants Division conducted an RFP to select an individual to serve as the Dodgers Dreamteam Coordinator. As a result of this procurement process, the City selected Mr. Harold Johnson, in 2022, as the Dodgers Dreamteam Coordinator. Due to Mr. Johnson’s level of service, the City of Compton has decided to renew the agreement with Mr. Johnson.; and
Resolution No. __________
WHEREAS, the Department desires to enter into an Agreement with Mr. Harold Johnson, who was selected as the Dreamteam Coordinator, to assist with program administration, coordination, and logistics associated to the Compton’s Dodgers Dreamteam Youth Baseball League; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COMPTON DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. That Recreation Department’s Fiscal Year 2023-24 Budget is amended to hereby accept the Los Angeles Dodgers Foundation Grant in the amount of Thirty-Seven Thousand, Eight Hundred dollars ($37,800) and enter into an agreement as part of their Dreamteam program.
Section 2. That the City Manager, upon the advice and approval of the City Attorney, is hereby authorized to enter into an Agreement with Mr. Harold Johnson to assist with the administration of the Dodgers Dreamteam program.
Section 3. That the Recreation Department’s 2023-2024 Fiscal Year annual budget is amended to increase revenue and appropriate expenditures as follows:
Increase Revenue
Account Number Description Amount
2685-840-002-3581 Private Agency Grant $37,800
Increase Expenditures
Account Number Description Amount
2685-840-002-4266 Other Contract Services $27,000
2685-840-002-4238 Special Department Expense $10,800
Section 4. That the City Manager is authorized to issue a purchase order to Harold Johnson in the amount of $27,800 for services as the Dodgers Dreamteam Coordinator from account 2685-840-002-4266.
Section 5. That a certified copy of this Resolution shall be filed in the offices of the City Manager, City Attorney, City Controller, City Clerk and Department of Recreation.
Section 6. 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 of the City of Compton, signed by the Mayor and attested by the City Clerk at a regular meeting thereof held on the _____day of ____________, 2024.
That said Resolution was adopted by the following vote, to wit:
AYES: COUNCILMEMBERSNOES: COUNCILMEMBERSABSTAIN: COUNCILMEMBERSABSENT: COUNCILMEMBERS-
CITY CLERK OF THE CITY OF COMPTON
March 4, 2024
Triphenia Simmons
Assistant City Manager
City of Compton Recreation Department
205 South Willowbrook Ave
Compton, CA 90220
RE: Support for 2024 Dodgers Dreamteam Program with the City of Compton Department of Parks and Recreation
Dear Ms. Simmons,
It is my pleasure to inform you that The Los Angeles Dodgers Foundation, a California nonprofit public benefit corporation (the “Foundation” or “LADF”), has approved a grant to support the Dodgers Dreamteam program (the “Program”) with the City of Compton Department of Parks and Recreation, a government entity (the “Grantee”) in the amount of thirty-seven thousand and eight hundred dollars ($37,800) (the “Grant”). This Grant will offset field maintenance and umpire fees ($10,800) along with providing funding for a Dodgers Dreamteam Coordinator ($27,000). This Grant is to support 480 youth players at 1 location for the Grantee’s program referred to as the 2024 Dodgers Dreamteam program (See Addendum 1 for approved number of players and locations). In addition to the Grant funds, Grantee will receive the in-kind contribution of uniforms, equipment, recruitment and marketing flyers, banners for each location, educational and health resources and services, coach mentors (Field Champions), coaches training, player development clinics, incentives/giveaways, and complimentary use of LeagueApps, the online registration system and access to special events throughout the season.
Grantee can charge no more than fifteen dollars ($15) per player.
This Grant is contingent upon the Grantee complying with the Dodgers Dreamteam Program Requirements (Addendum 2).
NOTE: Organizations will receive 60% of the program grant based on the Official Program Start Date along with the full amount for the Dodgers Dreamteam Coordinator (contingent upon when LADF is notified that this person is hired). For example, if your program begins in May, organizations should expect to receive the 60% grant portion and funds for the Dodgers Dreamteam Coordinator in May.
Dodgers Dreamteam Grantee Start Date 60% Disbursement Period March 2024
April 2024
May 2024
June 2024
March 2024
April 2024
May 2024
June 2024
**If the program has multiple locations with different start dates, the latest start date will be used for payment schedule.**
To receive the remaining 40% of the grant funds, the following must be completed by Grantee:
a. Ensure registrations for players and coaches are input into LeagueApps. This must be completed prior to any practice or game.
b. Complete team rosters on LeagueApps prior to any practice or game. Each team roster should include the youth participants and coaches.
c. Provide complete schedules for the season prior to the first day of games. Grantee is highly encouraged to use the LeagueApps platform.
d. Ensure that all excess uniform sets and coach polos are returned to LADF within 15 days of the Grantee’s last game.
e. Complete an equipment inventory sheet within 15 days of the league’s last games. f. To receive 100% of the grant amount, partners must reach at least 90% of approved preseason player projections. For any variance greater than 10%, the grant will be reduced by the equivalent amount. Please note this reduction will not include the Dodgers Dreamteam Coordinator funds. For example, if Grantee projects 1,000 players and only 850 players are registered on LeagueApps, the TOTAL grant amount will be reduced by 15% and deducted from the 40% grant payment. If projections are increased after approval by LADF, the new number will be used to determine final season grant calculations.
The Grantee is required to attend the Dodgers Dreamteam Partners Meeting at Dodger Stadium on February 07, 2024 and a partners recap meeting after the end of the season.
This letter is a legally binding agreement (the “Grant Agreement”). This Grant Agreement will become effective upon the Foundation’s receipt of the Grant Agreement signed by an authorized representative of the Grantee. Please keep a copy of this Grant Agreement for your files.
Please read the terms and conditions of this Grant Agreement very carefully. The Foundation may withhold payment to the Grantee if the Grantee fails to meet the terms and conditions of the Grant Agreement.
TERMS AND CONDITIONS
1. Grant Funds. The Grantee will use the Grant funds (the amount of which is determined as described above) solely for the Grantee’s program purposes of the Dodgers Dreamteam Coordinator, and to offset field maintenance, and umpire fees for the 2024 Dodgers Dreamteam program which brings baseball and softball programs to youth in underserved communities (the “Project”). The Grant shall be made on the schedule as described above.
2. In-Kind Contributions. The Foundation will also provide certain in-kind contributions of uniforms, equipment, recruitment and marketing flyers, banners for each location, educational and health resources and services, coach mentors (Field Champions), coaches training, player development clinics, incentives/giveaways, complimentary use of LeagueApps, the online registration system and access to special events throughout the 2024 season, as described herein or as agreed to by the Foundation (“In-Kind Contributions”).
3. Project. As an inducement to the Foundation to make the Grant, the Grantee has previously submitted a written application (the “Application”) to the Foundation, which Application includes a description of the Project. The Grantee acknowledges that the Grant is expressly made in reliance on the Application and a review of financial information and a final budget submitted by the Grantee. A copy of the Application and all amendments thereto are attached as Addendum 3. Accordingly, the Grantee shall notify the Foundation immediately, in writing, of any material change in the facts set forth in the Application or in any other information or document submitted to the Foundation.
4. Use of the Grant Funds and In-Kind Contributions. All Grant funds and the In-Kind Contributions shall be used solely to support the Project. Notwithstanding any other provision of this Grant Agreement, the Grant shall be used only for charitable or educational purposes qualifying under Internal Revenue Code (“IRC”) Section 170(c)(2)(B), and neither the Grant funds nor the income therefrom may be used for purposes other than those so described.
5. Promises of Grantee. The Grantee promises to the Foundation that it will:
a. Comply with the Dodgers Dreamteam Program Requirements (Addendum 2). b. Not use any portion of the Grant funds or the In-Kind Contributions in a manner inconsistent with IRC Section 501(c)(3), including, without limitation:
i. Influencing the outcome of any specific election for candidates to public office, or
ii. Inducing or encouraging violations of law or public policy or causing any private inurement or improper private benefit to occur, or taking any other action inconsistent with IRC Section 501(c)(3); and
c. Not discriminate on the basis of race, color, national origin, age, sex, sexual orientation, marital status, creed, religion, citizenship, ancestry or political affiliation in the performance of this Grant Agreement, the expenditure of the Grant and the undertaking of the Project.
6. Use of LeagueApps by Grantee. LADF will provide an online registration tool called LeagueApps that is mandatory for all Grantees to use. Grantee acknowledges and agrees that:
a. All Dodgers Dreamteam players and coaches MUST be registered on LeagueApps, including, without limitation, obtaining the Foundation’s waiver and release of liability as provided in Addendum 4, prior to any practice or game. b. All Dodgers Dreamteam players must be organized onto teams with each team having a minimum of one registered coach.
c. All Grantees must attend a mandatory LeagueApps training that will be scheduled by LADF.
d. If the Grantee has a separate or additional waiver to which participants, parents and coaches must agree, it must be provided to LADF.
e. Grantee must set a registration opening and closing date prior to the start of registration.
f. Grantee must confirm “age as of” dates for all divisions if different from standard requirements before registration opens (Standard “age as of” date is first day of games).
g. Grantee must finalize numbers within two weeks of the program ending and keep all wait list registrations.
h. Grantee must not allow staff to use work email addresses to register youth. All families must have their own email address when registering.
7. Status of Grantee. The Grantee is not an agent, consultant or contractor of the Foundation and, as an entirely independent and separate organization, is solely responsible for its actions, errors and omissions.
8. Reporting. Upon request by the Foundation, the Grantee will submit to the Foundation a written report for any period of the Grantee during which the Grantee receives, holds, or spends any of the Grant funds. In such report, the Grantee will specify, at a minimum, the use of the Grant funds and the impact of the Grant funds such as the number of children directly served as a result of the Grant funds. The Grantee will submit the report to the Foundation within thirty (30) days after the last date of games. The required grant report template will be provided by Grantee during the midseason interview. Once the Foundation makes the request for such report, any future payment under this Grant Agreement or otherwise from the Foundation will be contingent upon the Grantee’s provision of the report to the Foundation. The Foundation will provide the Grantee with the Dodgers Dreamteam Grantee Report Guidelines prior to end of season.
9. Recordkeeping. The Grantee will keep adequate records to substantiate the charitable purposes of its expenditures from the Grant funds and the In-Kind Contributions. The Grantee will make its books and records pertaining to the Grant Funds available to the Foundation at reasonable times for review and audit, and will comply with all reasonable requests of the Foundation for information and interviews regarding the use of the Grant funds and In-Kind Contributions. The Grantee will keep copies of all books and records related to the Grant Funds and all reports to the Foundation for at least 4 years after the Grantee has expended the last of the Grant funds.
10. Insurance. The Grantee represents and warrants that (a) it is, and will continue to be, adequately insured against all risks, including such risks as would be covered by fire and property damage, worker’s compensation, automobile and comprehensive general liability insurance, with respect to the conduct of the Project and all other programs and activities of the Grantee, and (b) the premises and facilities of third parties where the Grantee conducts and will conduct its programs and activities also are and will be so adequately insured. Within thirty (15) days from the execution of this Grant Agreement, the Grantee shall (i) furnish the Foundation proof of its self-insurance or (ii) shall name the Foundation as an additional insured on the Grantee’s policy and furnish the Foundation the policy or policies of insurance or a certificate of insurance, or other written evidence satisfactory to the Foundation, evidencing the insurance carried by or otherwise benefiting the Grantee.
11. Return of Grant Funds to the Foundation, Early Termination of Agreement and Cancellation of Unpaid Grant Installment Payments.
a. The Grantee agrees to return to the Foundation any Grant funds and any income earned thereon, including proceeds from the sale or exchange of an asset purchased, constructed or developed with Grant funds, not specifically committed and/or actually expended in accordance with the Application and this Grant Agreement.
Return of such funds shall occur reasonably promptly upon the written request of the Foundation.
b. The Foundation shall have the right to terminate this Grant Agreement with cause.
Upon termination of this Grant Agreement by the Foundation, the Foundation shall be relieved from making any further payments to the Grantee in regard to the Grant. c. In the event the termination is pursuant to a reasonable determination by the Foundation that:
i. The Grantee has misrepresented any material fact or supplied false or misleading material information to the Foundation in the Application or otherwise in regard to this Grant Agreement or the Grant; ii. The Grantee has diverted any Grant funds or In-Kind Contributions to a purpose other than that permitted hereunder;
iii. The Grantee has failed to maintain or provide any material records or reports required to be maintained or provided hereunder; iv. The Grantee has terminated, abandoned, cancelled or substantially altered, or is likely to terminate, abandon, cancel or substantially alter, the Project; v. The Grantee has failed, in the judgment of the Foundation, to satisfy any one of the Grant conditions set forth in this Grant Agreement, breaches any of the other terms of this Grant Agreement or fails to fulfill any purpose of the Grant, including, but not limited to, the Grantee becoming insolvent or for any other reason being unable to meet its financial obligations as they become due, other than those financial obligations for which the Grant is made; or
vi. Any of Grantee’s key personnel have undergone a material change in job description, level of authority or employment status during the Grant term and such change is likely to cause Grantee to terminate, abandon, cancel or substantially alter the Project, then the Foundation may make written demand that the Grantee refund any or all payments of the Grant previously made or return any unused In-Kind Contributions. The foregoing remedies of the Foundation are in addition to any other remedies provided by law, and all such remedies shall be cumulative and not exclusive.
12. Funds Not Earmarked for Lobbying; Grantee Discretion. The Foundation is making this Grant to Grantee to support the charitable and educational purposes of the Project as described in Section 1 of this Grant Agreement, and the Grantee will apply the Grant Funds toward such purposes. This Grant is not earmarked for influencing legislation within the meaning of IRC Section 501(c)(3), and there has been no agreement, written or oral, to that effect between the Foundation and the Grantee.
13. No Pledge. Neither this Grant Agreement nor any other statement, oral or written, nor the making of any contribution or grant to Grantee, will be interpreted to create any pledge or any commitment by the Foundation or by any related person or entity to make any other grant or contribution to the Grantee or any other entity for the Project or any other project.
The Grant contemplated by this Grant Agreement will be a separate and independent transaction from any other transaction between the Foundation and the Grantee or any other entity.
14. Terrorist Activity. The Grantee warrants that it does not support or conduct, directly or indirectly, violence or terrorist activities of any kind.
15. Indemnification: No Liability. The Grantee irrevocably and unconditionally agrees, to the fullest extent permitted by law, to defend, indemnify, and hold harmless the Foundation and its officers, directors, employees, affiliates and agents, from and against any and all claims, liabilities, losses, and expenses (including reasonable attorneys’ fees) directly, indirectly, wholly, or partially arising from or in connection with (a) the performance of this Agreement by the Grantee, (b) the planning, acquiring, constructing, equipping, arranging, implementing, sponsoring, conducting of the Program by the Grantee, (c) the use of the Grant funds and In-Kind Contributions by the Grantee, or (d) any other program or activity by the Grantee. IN NO CASE SHALL THE FOUNDATION BE LIABLE TO THE GRANTEE OR ANY THIRD PARTY FOR CONSEQUENTIAL DAMAGES. The Foundation shall have no liability for any debts, liabilities, deficits or cost overruns of the Grantee. It is expressly understood by the parties that no director, member, officer, employee or other representative of the Foundation shall incur any financial responsibility or liability of any kind or nature whatsoever in connection with this Grant Agreement or any subsequent agreement between the parties regarding the subject matter hereof. The parties agree that the liability of the Foundation hereunder shall be limited to the payment of the Grant pursuant to the terms and conditions of this Grant Agreement. Any contracts entered into or other obligations or liabilities incurred by the Grantee in connection with the Project or otherwise relating to this Grant Agreement shall be the sole responsibility of the Grantee, and the Foundation shall have no obligation or liability whatsoever thereunder or with respect thereto.
If requested by the Foundation, the Grantee covenants that all contracts to which it shall become a party in regard to the Project and/or the Grant shall include the following clause:
“It is expressly agreed and understood that neither The Los Angeles Dodgers Foundation (the “Foundation”) nor any director, member, officer, employee or other representative of the Foundation shall incur any financial responsibility or liability of any kind or nature whatsoever in connection with this Agreement, and that the foregoing provisions concerning financial responsibility or liability shall be expressly included in and made a part of any and all agreements between the parties subsequent to this Agreement.”
16. Public Acknowledgement. In recognition of the Grant, the Project shall be referred to as the Dodgers Dreamteam Program for the 2024 season. Grantee must obtain prior written authorization from the Foundation, which the Foundation may give or withhold in its sole discretion, for any public acknowledgement of the grant(s) from the Foundation contemplated herein. Grantee may recognize other sponsors of the Program in proportion to their relative contributions to the sponsorship of the Program. In its sole discretion, the Foundation may describe its support of the Program in the Foundation’s own printed or oral announcements and website.
17. Miscellaneous.
a. No Agency. The Grantee is solely responsible for all activities supported by the Grant funds, the content of any product created with the Grant funds, and the manner in which such products may be disseminated. This Grant Agreement will not create any agency relationship, partnership, or joint venture between the parties, and the Grantee will make no such representation to anyone.
b. Further Acknowledgements of the Grantee. The Grantee acknowledges that it understands its obligations imposed by this Grant Agreement, including, but not limited to, those obligations imposed by reference to the IRC. The Grantee agrees that if the Grantee has any doubts about its obligations under this Grant Agreement, including those incorporated by reference to the IRC, the Grantee will promptly contact The Foundation or the Grantee’s legal counsel.
c. Waivers. The failure of the Foundation to exercise any of its rights under this Grant Agreement will not be deemed to be a waiver of such rights. d. Remedies. If the Foundation determines, in its sole discretion, that the Grantee has substantially violated or failed to carry out any provision of this Grant Agreement, including but not limited to failure to submit reports when due, the Foundation may, in addition to any other legal remedies it may have, refuse to make any further Grant payments to the Grantee under this Grant Agreement or any other grant agreement, and the Foundation may demand the return of all or part of the unexpended Grant funds, which the Grantee will immediately repay to the Foundation. The Foundation may also avail itself of any other remedies available by law.
e. Captions. All captions and headings in this Grant Agreement are for the purposes of reference and convenience only. They will not limit or expand the provisions of this Grant Agreement.
f. Entire Agreement. This Grant Agreement supersedes any prior or contemporaneous oral or written understandings or communications between the parties and constitutes the entire agreement of the parties with respect to its subject matter. This Grant Agreement may not be amended or modified, except in a writing signed by both parties. g. Dispute Resolution. Any controversy or claim arising out of or relating to this Grant Agreement, or the breach thereof, will be settled by arbitration before an experienced arbitrator licensed to practice law in California in accordance with the Commercial Arbitration Rules of the American Arbitration Association (the “Association”) in Los Angeles, California. The arbitration decision will be final and binding upon the parties and may be entered as a judgment in any court of competent jurisdiction. h. Governing Law. This Grant Agreement has been executed and delivered in and will be governed by and construed in accordance with the substantive laws of the State of California.
i. Incorporation of Addendums. The Addendums attached hereto are incorporated herein by reference and made a part of this Grant Agreement as if fully set forth herein. j. Use of Marks. Notwithstanding any provision herein, no party shall use any other party’s trademarks, tradenames, and/or logos (each, a “Mark”) without the prior written approval from such other party, which approval may be granted or denied by the other party in its sole discretion. Each Mark shall remain the sole and exclusive intellectual property of the pertinent party.
k. Survival. Sections 8, 9, 11, 15, 16, 17(a), 17(d) 17(g), 17(h) and 17(j) of this Grant Agreement shall survive the completion, or termination if sooner, of this Grant Agreement.
Please direct all future communications concerning this Grant to Micheal McElveen, Program Director, [email protected]. On behalf of the Foundation’s Board of Directors and staff, let me express how delighted we are to support your organization. We wish you every success.
Sincerely,
Nichol Whiteman Nicholas Sandler
CHIEF EXECUTIVE OFFICER PRESIDENT
THE LOS ANGELES DODGERS FOUNDATION THE LOS ANGELES DODGERS FOUNDATION Accepted on behalf of City of Compton Department of Parks and Recreation by:
_____________________________________ Date: ______________________ BY: TRIPHENIA SIMMONS
ITS: Assistant City Manager
Federal Tax I.D. No.: 95-6000696
APPROVED AS TO FORM:
[NAME]
[TITLE]
By:_____________________________
ADDENDUM 1
APPROVED NUMBER OF TEAMS AND LOCATIONS
Locations T-Ball
(5-6)
Coach
Pitch
(7-8)
Minor
(9-10)
Major
(11-12)
Junior
Baseball
(13-15)
Senior
Baseball
(16-18)
Minor
Softball
(9-10)
Major
Softball
(11-12)
Senior
Softball
(13-18)
Gonzales
Park
6 4 4 4 2 4 2 2 4
Player Total Team Total Players
Per Team
480 32 15
ADDENDUM 2:
DODGERS DREAMTEAM PROGRAM REQUIREMENTS
2024 Dodgers Dreamteam Program Requirements
Outlined in this document are the Dodgers Dreamteam Program Requirements set forth by the Los Angeles Dodgers Foundation (LADF). All Affiliate Partners are referred to as Grantees and must comply with all requirements outlined in the document.
Dodgers Dreamteam Program Description and Goals
Dodgers Dreamteam is a comprehensive sports-based youth development program that uses the power of sport to provide critical resources and services to communities who are experiencing social injustices.
1. To provide an inclusive, barrier-free sports-based youth development program typically reserved for those with substantial financial resources and opportunities.
2. To deliver programs, services, and resources that address basic needs, education, and health.
3. To provide tools for parents and coaches to create a youth sports environment that fosters social and emotional learning opportunities.
4. To increase participation of underrepresented groups, specifically Black youth, girls, and teens.
I. Grant Eligibility
1. Program must fall within one or more of the Los Angeles Dodgers Foundation (LADF) Focus Areas.
o Health Care – Sports Based Youth Development – Required o Education
o Social Justice
o Homelessness
2. Program Location(s) must fall within the expansion zone; all locations are subject to approval by LADF.
3. Request must come from an organization (no funding will be made to individuals).
4. Grants will be made only to organizations with open, non-restrictive membership that operate open to all regardless of race, creed, sex, sexual orientation, religious belief, or nationality. Nothing in the Guidelines shall prohibit a program from specifying an age, sex, or physical capacity classification, if it is reasonable under all the circumstances and is consistent with applicable law.
5. The organization must be certified as a tax-exempt entity (under Section 501(c)(3) of the U.S. Internal Revenue Code and is not a private foundation as defined in section 509(a) of that Code OR a government entity). The organization must be in good standing with the Internal Revenue Service (IRS), the California Franchise Tax Board and the California Secretary of State.
6. Requesting organization must provide a non-discrimination policy.
7. Applicant acknowledges that it has a written policy that addresses its commitment to keep children safe from sexual abuse by preventing, recognizing, and responding to situations both on and off the playing field that in any way compromises their safety.
8. Requesting organization must demonstrate a strong ability to implement quality programming with adequate scheduling, planning, communication, field maintenance, practices, and games.
9. Requesting organization must adhere to the LADF Safe Sport policy.
10.Insurance: Requesting organization to provide LADF proof of its self-insurance or shall name LADF as an additional insured on the policy and furnish LADF the policy or policies of insurance or a certificate of insurance, or other written evidence satisfactory to LADF, evidencing the insurance carried by or otherwise benefiting the requesting organization. The policy or policies must be in effect throughout the duration of the program.
11. Restricted Funds: Grant funds are restricted to offset field maintenance, umpire costs, and a Dodgers Dreamteam Coordinator position. The Dodgers Dreamteam Coordinator position is a role that will implement the program. The hiring of this position must go through the Grantees hiring process with LADF reviewing the final selection round.
12. Grant Report: Grantee agrees to complete the grant report at the end of the program.
The report must be sent to LADF within 30 days after the last day of games.
13. Recap Meeting: Grantee agrees to complete a recap meeting with LADF at the end of the grant term and after submitting the Dodgers Dreamteam grant report.
14. Best Effort: Grantee agrees to put forth its best effort to serve the amount of youth projected.
• If, at any time, the Grantee anticipates challenges that will impact the projected amount of youth served, please contact LADF immediately. LADF recognizes that even some of the best executed plans experience challenges along the way and is committed to supporting grantees.
II. Grant Request Process
November 30, 2023 - Dodgers Dreamteam Affiliate Partner Application Due December 1-15, 2023 - Dodgers Dreamteam Affiliate Partner Application Review Process (Site Visits and/or Meetings)
February 1, 2024- February 29,2024 - Notification Period March 1-8, 2024 - Signed Agreement Returned to LADF with Required Documents NOTE: 60% of the grant will be awarded based on the following schedule:
Affiliate Partner Dodgers Dreamteam Start
Date
60% Disbursement Period
March 2024
April 2024
May 2024
June 2024
March 2024
April 2024
May 2024
June 2024
Organizations will receive 60% of the program grant based on the Official Program Start Date along with the full amount for the Dodgers Dreamteam Coordinator (contingent upon when LADF is notified that this person is hired). Example, if your program begins in May, organizations should expect to receive the 60% grant portion and funds for the Dodgers Dreamteam Coordinator in May.
To receive the remaining 40% of the program grant funds, the following must be completed:
• Ensure registrations for players and coaches are input into LeagueApps. This must be completed prior to any practice or game.
• Complete team rosters on LeagueApps prior to any practice or game. Each team roster should include players and coaches.
• Provide complete schedules for the season prior to the first day of games. Highly encouraged to use LeagueApps.
• Ensure that all excess uniform sets and coach polos are returned to LADF within 15 days of the league’s last game.
• Complete an equipment inventory sheet within 15 days of the league’s last game. • To receive 100% of your program grant amount, partners must reach at least 90% of preseason player projections. For any variance greater than 10%, the grant will be reduced by the equivalent amount. Please note this reduction will not include the Dodgers Dreamteam Coordinator funds. For example, if you project 1,000 players and only 850 players are registered on LeagueApps, the TOTAL grant amount will be reduced by 15% and deducted from the 40% grant payment. If projections are increased after approval by LADF, the new number will be used to determine final season grant calculations.
Note – Grant funds will not be disbursed if in-person play is unable to take place due to LA County health regulations.
III. Grant Requirements
1. Communication and Staffing: Grantee must have one (1) Partnership Executive Contact, one (1) Partnership Manager, one (1) Dodgers Dreamteam Coordinator, and one (1) designated point of contact per each Dodgers Dreamteam location to serve as a liaison for LADF.
• All staffing changes relevant to the program must be communicated to LADF staff immediately.
• All staff members that are involved in the program must attend all required trainings.
2. Online Registration: LADF will provide an online registration tool called LeagueApps that is mandatory for all Grantees to use.
• All Dodgers Dreamteam players and coaches MUST be registered on LeagueApps prior to any practice or game.
• All Dodgers Dreamteam players must be organized onto teams with each team having a minimum of one registered coach.
• All Grantees must attend a mandatory LeagueApps training that will be scheduled by LADF.
• If the Grantee has a separate or additional waiver for participants, parents and coaches to agree to it must be provided to LADF.
• Grantee must set a registration opening and closing date prior to the start of registration. • Grantee must confirm "age as of" dates for all divisions if different from standard requirements before registration opens (Standard “age as of” date is first day of games). • Grantee must finalize numbers within two weeks of the program ending and keep all wait list registrations.
• Grantee must not allow staff to use work email addresses to register youth. All families must have their own email address when registering.
3. Divisions: Grantee agrees to use Dodgers Dreamteam division names:
• T-Ball (5-6)
• Coach Pitch (7-8)
• Minor Baseball (9-10)
• Major Baseball (11-12)
• Junior Baseball (13-15)
• Senior Baseball (16-18)
• Minor Softball (9-10)
• Major Softball (11-12)
• Junior Softball (9-12)
• Senior Softball (13-18)
4. Games and Practices: The chart below describes the minimum number of weeks, games and practices required by LADF per team. Each team is required to facilitate at least one team practice and one team game per week. Each division must have a game schedule that has a minimum of 3 teams.
Divisions Weeks Games Practices
T-Ball (5-6) 7 8 8
Coach Pitch (7-8) 7 10 10
Minor Baseball (9-10) 7 12 10
Major Baseball (11-
12)
7 12 10
Junior Baseball (13-
15)
7 12 10
Senior Baseball (16-
18)
7 12 10
Minor Softball (9-10) 7 12 10
Major Softball (11-12) 7 12 10
Junior Softball (9-12) 7 12 10
Senior Softball (13-
18)
7 12 10
5. Team Selection: It is highly recommended that there is a tryout or draft/selection process in place when selecting teams. LADF recommends that a coach cannot register a full team for the season.
• If your league allows a coach to retain players from year to year you are allowed a 5- player max freeze.
• A participant's skill and experience should not be a factor when signing up and being selected on a team.
6. Locations: Grantee must only coordinate and implement the program at locations agreed upon by LADF.
• Any adjustment of projected numbers or transferring of teams or resources across locations or divisions must be approved by LADF.
7. Participation Recruitment: Grantee is responsible for recruiting all players, coaches and participants of the program. This includes making sure all players, coaches and participants are registered on LeagueApps.
8. Coaches: Grantee must only allow coaches who have passed a background check, registered on LeagueApps, and have committed to attend a Dodgers Dreamteam Coaches Training to serve in any capacity in Dodgers Dreamteam. • Grantee must hire all coaches.
• Grantee decides whether coaches are paid or unpaid.
• Grantee must only allow coaches who passed a background check to participate in the program.
• Grantee must monitor coaches to ensure player safety and ensure that coaches always conduct themselves appropriately.
9. Volunteers: Grantee must recruit and manage all volunteers. • Grantee must recruit all volunteers.
• Grantee must only allow volunteers who passed a background check to participate in the program.
• All volunteers must sign off on any Grantee agreements.
10. Staff: Grantee must hire a Dodgers Dreamteam Coordinator who will work to implement the program at Grantee locations.
• Grantee must hire any Dodgers Dreamteam Coordinators. • Grantee must only allow staff who passed a background check to participate in the program.
• Please review the full job description as part of Exhibit A.
11. Umpires: Grantee must ensure that all umpires are certified and have passed a background check.
• It is the responsibility of the Grantee to hire and onboard all umpires and agencies.
• Grantee must monitor umpires in the program and ensure that players are safe and that umpires conduct themselves in a professional manner. • LADF has the right to audit any umpiring organizations to ensure quality.
12. Marketing and Communications: Grantee must collaborate with LADF to ensure that the local community is marketed to and engaged in Dodgers Dreamteam. • All Dodgers Dreamteam banners must be publicly displayed in a highly visible area.
NOTE: Banners include multiple sponsor and partner logos. • LADF will provide flyers for registration and various events that the Grantee agrees to distribute and publicly display in highly visible areas. • Grantee must acknowledge the Los Angeles Dodgers Foundation Dodgers Dreamteam program in any promotional materials, press releases, or literature publicizing/promoting the program.
13. Fees: Grantee agrees to not charge any amount over $15 when implementing the program. All Dodgers Dreamteam resources and services are free of charge.
14. Uniforms: Grantee must ensure that all Dodgers Dreamteam teams receive a uniform kit which will be provided by LADF. Each Dodgers Dreamteam team will receive uniforms. Grantee must abide by the following uniform policy:
• Each team will receive uniforms for 12 or 15 players per team pending what the Grantee selects. Uniforms must be worn at all games.
• Each uniform set is assigned to be used per team and not to be mixed between other teams or divisions. Please notify LADF immediately if you have any issues with your uniform sets so that LADF may help alleviate the issue. • Any transferring of uniforms between locations are prohibited unless approved by LADF staff.
• If a location does not register the anticipated number of players that is agreed upon in the grant agreement, the location will be responsible for returning unused uniforms or the cost of any missing uniforms. This process must be completed within 15 days of the leagues last day of games and is a program requirement to receive the second half of the grant award.
• Uniforms may not be worn outside of the Dodgers Dreamteam season. This includes fall leagues or other non-Dodgers Dreamteam events.
• Uniforms are defined as: 1 home jersey, 1 away jersey, 1 pair of pants, 1 pair of socks, 1 hat or 1 softball visor, 1 practice shirt, and 1 coach polo (coaches only).
15. Equipment: Grantee must ensure that every coach receives a full equipment kit which will be provided by LADF. Equipment kits are designed to be available for all teams. Grantee must abide by the following equipment policy:
• “One Team, One Kit” rule: Equipment kits are designed to be available for all Dodgers Dreamteam teams.
• Grantee must ensure that each team is equipped with an appropriate equipment kit that is available to them throughout their season. Please notify LADF immediately if there are any problems with equipment and providing one kit per team. • Each head coach is required to receive one equipment kit per team. • Any transferring of equipment between locations is prohibited unless approved by LADF staff.
• All Grantees must have a check-in process on distributing equipment kits to all coaches.
• Grantee will complete an equipment inventory sheet within 15 days of the league’s last game.
• LADF staff will determine if equipment is adequate for continued use or if new equipment will be needed for the next season. Equipment kits are required to last 5 seasons unless stolen or damaged.
Equipment Kits are defined as:12 Right Hand Gloves and 3 Left Hand Gloves, 5 Helmets, 2 Bats, 1 Batting Tee, 1 Ball Bucket, 1 Bag, and 1 Catcher’s Set (shin guards, chest protector, mask, mitt). The catcher’s set will not be included for the T-Ball division.
16. Collaboration: Grantee agrees to collaborate with LADF to market, implement and participate in all program elements including, but not limited to:
• PlayerFest
• Dodger Days
• Coaches Trainings
• College & Career Accelerator
• Skills Training Clinics
• Other Special Events and Activities
17. Meetings: Grantee will agree to attend the Dodgers Dreamteam Partners Meeting and any additional onboarding or training meetings. Designated Partnership Executive Contact, Partnership Manager Contact, Dodgers Dreamteam Coordinator, and all designated points of contact per each Dodgers Dreamteam location are required to attend.
18. Measurement and Evaluation: Grantee is required to work with LADF in the collection of data to consistently improve the program.
• LADF will provide a partnership with Hello Insight to measure SEL for participants ages 9-18 in the program. This will include a pre survey that should be completed before the first game and post/check-in surveys should be completed within 1 week of the season ending. The Grantee is required to administer, promote, and monitor the collection of these surveys.
• Recruit parents, players, and coaches to participate in interviews and/or focus groups throughout the year.
• Support any event surveys that take place.
19. Safety Policy: Grantee acknowledges the MLB Youth Program Protection Policy and the LADF Safe Sport Policy. Grantee also acknowledges that it has a written policy that addresses its commitment to keep children safe from sexual abuse by preventing, recognizing, and responding to situations both on and off the playing field that in any way compromises their safety. Grantee must sign the MLB Youth Program Protection Policy and the LADF Safe Sport Policy. Grantee must also provide a copy of its written policy to LADF with signed grant agreement.
20. Incident Policy: Grantee acknowledges they have an incident policy in place and will notify LADF within a 24-hour period should any incidents take place. Grantee will keep LADF updated on the status of the incident and when the incident is closed.
Dodgers Dreamteam Rules
In addition to the playing rules (USA Softball, PONY, NFHS, etc.) determined by each Grantee, this document outlines the guidelines recommended in all Dodgers Dreamteam leagues.
However, in the case of the Grantee playing rules conflicting with the Dodgers Dreamteam rules, please consultant LADF staff. In this document you will also find pitching guidelines to follow.
Dodgers Dreamteam League Code of Ethics
Any adult or player who violates the Dodgers Dreamteam League Code of Ethics will be subject to removal from the Dodgers Dreamteam program.
The adults that participate in the Dodgers Dreamteam program are viewed as role models to the youth served. It is imperative that those connected with the league always engage in conduct that is a positive representation of the league.
• All Grantees must adhere to the LADF Safe Sport Policy. • Under no conditions should anyone, lay a hand upon, push, shove, strike, or threaten to strike an official, player, coach, spectator, game monitor, scorekeeper, or staff. • Do not consume alcoholic beverages or any illegal substance at any time in the presence of players or in any context involving the league.
• Under no conditions swear, commit, or imply a vulgar act or motion. • Do not bait or ride umpires, opposing managers and coaches, scorekeepers, or staff.
Appropriate conduct should prevail.
• The manager or coach may inquire as to the nature or interpretation of a rule, but after an explanation, no further questions, or actions.
• All teams should play every player in as much of every game as possible. • Make certain that managers, coaches, and your team shake hands with opposing team before and/or after each game.
• A coach shall not use tactics to deceive or take unfair advantages over his/her opponents. • Every league must provide background checks to all coaches and volunteers who will be working directly with the kids in your Dodgers Dreamteam program. • Do everything possible to ensure that playing Dodgers Dreamteam is a rewarding experience for the players. Encourage all players to be good scholars and equally good citizens.
Playing Rules for Baseball Ages 5-12
• Age divisions consist of T-Ball (5-6), Coach Pitch (7-8), Minor (9-10) and Major (11-12). • All teams must consist of no more than 15 players.
• T-Ball and Coach Pitch games will be 60 minutes.
o Both divisions will utilize the safe soft baseballs.
o T-Ball: All bats must be sizes 25” or 26”.
o Coach Pitch: All bats must be sizes 26”, 27” or 28”.
o Coaches or a pitching machine may be used to pitch to these divisions (see field dimensions for pitching distance).
o Score and standings are not kept for the T-Ball division. • Minor and Major games will be 6 innings. No new inning may start after 90 minutes have elapsed from the start of the game.
o All bats must be certified by a USA Baseball stamp.
o Minors: All bats must be sizes 28”, 29” or 30”.
o Majors: All bats must be sizes 29”, 30” or 31”
• All players will bat in one continuous batting order. • All batters and runners must always wear a batting helmet. The on-deck batter must also wear a helmet.
• A player may only play on one team per division
• Per inning there will be a 5 run max rule.
• Any fighting or inappropriate conduct will result in either the player’s ejection or, if necessary, a team’s disqualification. Any such decisions are made solely by the umpire.
All incidents must also be reported to LADF staff.
• USA Baseball Pitch Count Recommendations
DIVISION
DAILY MAX
(PITCHES IN
GAME) REQUIRED REST (PITCHES)
0 Days 1 Days 2 Days 3 Days 4 Days
Coach Pitch (7-8) 50 1-20 21-35 36-50 N/A N/A
Minors (9-10) 75 1-20 21-35 36-50 51-65 66+
Majors (11-2) 85 1-20 21-35 36-50 51-65 66+
• Field Dimensions:
o T-Ball (5-6) and Coach Pitch (7-8): base path 50 ft., pitching distance 38 ft. and field distance 225-250 ft.
o Minors (9-10): base path 60 ft., pitching distance 46 ft. and field distance 225–250 ft.
o Majors (11-12): base path 70 ft., pitching distance 50 ft. and field distance 225- 250 ft.
Playing Rules for Softball Ages 9-12
• Age divisions consist of Minor Softball (9-10), Major Softball (11-12) or Jr. Softball (9- 12).
• All teams must consist of no more than 15 players.
• All games will be 6 innings. No new inning may start after 90 minutes have elapsed from the start of the game.
• All bats must be sizes 29”, 30” or 31”.
• All players will bat in one continuous batting order. • All batters and runners must always wear a batting helmet. The on-deck batter must also wear a helmet.
• A player may only play on one team per division.
• Per inning there will be a 5 run max rule.
• Any fighting or inappropriate conduct will result in either the player’s ejection or, if necessary, a team’s disqualification. Any such decisions are made solely by the umpire.
All incidents must also be reported to LADF staff.
• Field Dimensions:
o Minor Softball (9-10): base path 60 ft., pitching distance 35 ft. and field distance 225-250 ft.
▪ 11” softball
o Major Softball (11-12): base path 60 ft, pitching distance 40 ft. distance and field distance 225-250 ft.
▪ 12" softball
Playing Rules for Baseball Ages 13-18
• Age divisions consist of Junior Baseball (13-15) and Senior Baseball (16-18) • Every player on the team must be inserted into every game for at least 2 innings of play and must have a least one plate appearance. Exceptions to this rule are not allowed unless a game is not played a full 7 innings.
• All teams must consist of no more than 15 players.
• Games will be 7 innings. No new inning may start after 2 hours and 15 minutes have elapsed from the start of the game.
• A game is legally completed after 5 innings if the visiting team is ahead and after 4 ½ innings if the home team is ahead.
• The mercy rule is 10 runs after 5 innings, 12 runs after 4 innings and 15 runs after 3 innings.
• All batters and runners must always wear a batting helmet. The on-deck batter must also wear a helmet.
• Bats with composite materials in the barrel must be compliant with the National Federation of State High School Associations rulebook BBCOR standards, and must be labeled as such; Bats must meet the standards noted in National Federation of State High School Associations rules (2017 NFHS Baseball rulebook pgs. 9-11 Section 3, Articles 2- 5) for length, diameter, etc. NOTE: An illegal bat must be removed. Any bat that has been altered shall be removed from play. Penalty – See Rule NFHS Baseball rulebook; Rule 7-4 Article 1 (a).
• A player may only play on one team per division
• Any fighting or inappropriate conduct will result in either the player’s ejection or, if necessary, a team’s disqualification. Any such decisions are made solely by the umpire.
All incidents must also be reported to LADF staff.
• USA Baseball Pitch Count Recommendations
AGE
DAILY MAX
(PITCHES IN
GAME) REQUIRED REST (PITCHES)
0 Days 1 Days 2 Days 3 Days 4 Days
13-14 95 1-20 21-35 36-50 51-65 66+
15-16 95 1-20 31-45 46-60 61-75 76+
17-18 105 1-20 31-45 46-60 61-75 76+
• Field Dimensions:
o Junior Baseball (13-15) and Senior Baseball (16-18): base path 90 ft., pitching distance 60.5 ft. and field distance 300-350 ft.
Playing Rules for Softball Ages 13-18
• Age divisions consist of Sr. Softball (13-18)
• Every player on the team must be inserted into every game for at least 2 innings of play and must have a least one plate appearance. Exceptions to this rule are not allowed unless a game is not played a full 7 innings.
• All teams must consist of no more than 15 players.
• Games will be 7 innings. No new inning may start after 1 hour and 40 minutes have elapsed from the start of the game.
• A game is legally completed after 5 innings if the visiting team is ahead and after 4 ½ innings if the home team is ahead.
• The mercy rule is 15 runs after 3 innings, 12 runs after 4 innings, and 8 runs after 5 innings.
• Courtesy runner is allowed for the pitcher and catcher, but the courtesy runner may not be a player who is in or has been in the game.
• Designated player (DP) must be decided when line-ups are handed in. DP will be anywhere in the batting line-up with the FLEX (person playing the field) placed in the 10th spot of the line-up. FLEX player may bat but must bat in the position of the DP and DP is out of the game for that time; however, the DP can reenter one time. Indicate DP and FLEX on the line-up card.
• All batters and runners will always wear a batting helmet. The on-deck batter must also wear a helmet.
• Bats must meet all the USA Softball specification and requirements of Rule 3, section 1.
Must be on the list of approved bat models published by USA Softball. Max length 34", weight 38oz with a diameter of 2 1/4". Bats must have the 2000 or 2004 ASA stamp, or the ASA 2013 certification mark (may also have ISF stamp in addition to ASA) and bats must not appear on ASA banned list.
• A pitcher remaining in the game, but moving to a different position, can return as a pitcher any time in the remainder of the game, but only once in the same inning as he/she was removed. Visit count does not reset.
• Any starter who has been removed for a substitute player may re-enter the game once, at any time in the same position in the batting order. Subs may reenter. • A player may only play on one team per division
• Any fighting or inappropriate conduct will result in either the player’s ejection or, if necessary, a team’s disqualification. Any such decisions are made solely by the umpire.
All incidents must also be reported to LADF staff.
• Field Dimensions:
o Senior. Softball (13-18): base path 60 ft., pitching distance 43 ft. and field distance 225-250 ft.
ADDENDUM 3:
GRANTEE APPLICATION
See Attached
ADDENDUM 4:
LADF WAIVERS AND RELEASES OF LIABILITY
2024 DODGERS DREAMTEAM
LIKENESS AUTHORIZATION AND RELEASE OF LIABILITY
PLEASE READ THIS LIKENESS AUTHORIZATION AND RELEASE OF LIABILITY (“RELEASE”) CAREFULLY. BY AGREEING TO THIS RELEASE, YOU WILL BE WAIVING LEGAL RIGHTS.
In consideration for allowing me and/or any child(ren) under eighteen (18) years old or any legally incapacitated adult(s) for whom I am the parent/guardian (each, a “Participant”; and collectively the “Participants”) to participate in the “Dodgers Dreamteam” program from January 1, 2024 through December 31, 2024 (the “Program”), staged by The Los Angeles Dodgers Foundation (the “Foundation”), I, for myself and on behalf of all of the other Participants and our parents, heirs, executors, administrators, next of kin, successors, and assigns, all of whom shall be legally bound by this Release, hereby agree as follows:
1. I am eighteen (18) years of age or older. I, for myself and on behalf of all of the other Participants, acknowledge that we are not required to participate in the Program and that our participation is voluntary and solely for our enjoyment. We understand that we can withdraw from the Program at any time. Neither I nor any of the other Participants, nor anyone acting on our behalf, will be compensated by the Foundation for our participation in the Program. Neither I nor any of the other Participants, nor anyone acting on our behalf, has not been promised employment by the Foundation for participating in the Program.
2. We understand and acknowledge that baseball and softball are action sports and that natural and/or man-made conditions may exist on the surface of baseball and softball fields or in connection with the games of baseball and softball that may present a significant risk of personal injury to us and/or damage to our property. We also understand and acknowledge that our participation in the Program may require us to engage in strenuous and/or potentially dangerous activities. Neither I nor any of the other Participants are aware of any reason, medical or otherwise, why we should not participate in the Program, and we are prepared to, and do, hereby accept any and all risks, whether known or unknown to us, of having us participate in the Program, including, without limitation, all risks and danger inherent in the sports of baseball and softball and all warm-ups, practices, and competitions associated with baseball and softball, including specifically (but not exclusively) the danger of being injured by thrown bats (or fragments thereof); thrown or batted balls; thrown, dropped, or launched items or projectiles; contact or collisions with other participants or staff; any other incidents or accidents associated with crowds of people or the negligence or misconduct of other participants or spectators; or use of or participation in any attractions, activities, or events in connection with the Program.
3. In connection with any injury that I or any of the other Participants may sustain or any other medical condition that we may experience during our participation in or with the Program, I authorize any emergency first aid, medication, medical treatment, or surgery (collectively, “Emergency Medical Services”) deemed necessary by the attending medical, first aid, or emergency personnel (collectively, the “Medical Staff”) if I am not able to act on my own behalf or on the behalf of the other Participants. I further authorize (i) the Medical Staff to execute on our behalf any permission forms, consents, or other appropriate documents relating to medical attention for me and the other Participants and to act on our behalf if I am not able or immediately available to do so and (ii) the disclosure of any personal information relating to us by the Foundation or any of their representatives to any of the Medical Staff in connection with such Emergency Medical Services. Additionally, I agree to assume responsibility for any costs, fees or other monetary charges associated with such Emergency Medical Services or any permission forms, consents, or other appropriate documents relating to medical attention executed by any of the Medical Staff.
4. I, for myself and on behalf of all of the other Participants, acknowledge and expressly assume all risk of us being exposed to or contracting a Communicable Disease (as defined below) during or in connection with our participation in the Program. By participating in the Program, I acknowledge and expressly assume the risk that we may be exposed to a Communicable Disease. I expressly understand that the risks of exposure to a Communicable Disease include contracting a Communicable Disease and the associated dangers, medical complications (including death), and physical and mental injuries, both foreseen and unforeseen, that may result from contracting a Communicable Disease. I further acknowledge and understand that our interaction with staff, other participants, and/or any other individuals present during the Program poses an elevated, inherent risk of being exposed to and contracting a Communicable Disease, that it cannot be guaranteed that we will not be exposed to a Communicable Disease, and that potential exposure to or contraction of a Communicable Disease while participating in the Program are risks that cannot be eliminated. If infected with a Communicable Disease, I acknowledge and understand that I and/or the other Participants may subsequently infect others, even if we do not experience or display any symptoms. A “Communicable Disease” as used herein is COVID-19, any strains, variants, or mutations thereof, the coronavirus that causes COVID-19, and/or any other airborne, aerosolized, or surface transmissible communicable and/or infectious diseases, viruses, bacteria, or illnesses, or the causes thereof.
5. In connection with the foregoing, I agree that neither I nor any of the other Participants will participate in the Program if, within ten (10) days preceding our participation in the Program, either I or any of the other Participants (i) tested positive or presumptively positive for a Communicable Disease or was identified as a potential carrier of a Communicable Disease; (ii) experienced any symptoms commonly associated with a Communicable Disease, including, without limitation, fever, cough, loss of sense of taste or smell, or shortness of breath; and/or (iii) was in direct contact with or in the immediate vicinity of any person who is either confirmed or suspected of being infected with a Communicable Disease within ten (10) days preceding the Participant’s encounter with such person. I further agree that I and the other Participants will submit to any health screening and/or Communicable Disease testing that may be required as a condition of our participation in the Program.
6. If I and/or any of the other Participants test positive for a Communicable Disease or have been identified as being exposed to an individual who has tested positive for a Communicable Disease, we agree to immediately inform the Foundation and acknowledge that the Foundation may be required to contact the Los Angeles County Department of Public Health (“LACDPH”) to provide information regarding the confirmed positive test, including our name(s) and contact information. We consent to the Foundation providing such information to LACDPH or any other administrative body as required by law. We agree to willingly cooperate with any contact tracing that is deemed necessary by the Foundation and/or LACDPH. We acknowledge the Foundation, the Governor, State Department of Health, LACDPH, or other administrative body with authority over the Foundation may decide to cancel a meeting, practice, competition, or the Program at any time. We also acknowledge that the Foundation must comply with any mandates issued by any entity with the authority over athletics and agree to comply with any such directives even if issued after our agreement to this Release. We are aware that practices, games, spectating, and/or transportation will look differently from prior years, including the need for physical distancing and the correct and consistent use of face masks. We agree to comply with the direction provided by the Foundation’s staff and coaching staff and acknowledge that the failure to do so may result in our being refused participation at meetings, practice, competitions, and/or the Program.
7. TO THE FULLEST EXTENT PERMITTED BY LAW, I, FOR MYSELF
AND ON BEHALF OF ALL OF THE OTHER PARTICIPANTS, AGREE TO
INDEMNIFY, RELEASE, FOREVER DISCHARGE AND HOLD HARMLESS THE LOS
ANGELES DODGERS FOUNDATION, LOS ANGELES DODGERS LLC (THE “DODGERS”), THE OTHER MLB ENTITIES, LA REAL ESTATE LLC, CHAVEZ RAVINE LAND COMPANY LLC, and their respective direct and indirect owners, stockholders, members, partners, directors, officers, employees, agents, representatives, contractors, vendors, sponsors, facilities in which Program events are held, principals, affiliated entities, mortgagees or ground lessors, servants, trustees, beneficiaries, heirs, successors, and assigns, and each and every person acting by, through, under, or in concert with them, or any of them (hereinafter, individually and collectively referred to as the “Indemnified Parties”), of and from all manner of action or actions, cause or causes of action, at law or in equity, suits, claims, demands, damages, liability, lost cost or expense, of any nature whatsoever, known or unknown, fixed or contingent (hereinafter referred to as “Claims”), that we may have or hereafter have against the Indemnified Parties by reason of any injuries that we may sustain, whether to our person and/or property, as a result of or incident to (i) the Indemnified Parties’ negligence (whether active or passive, but not including gross negligence or willful misconduct), (ii) our participation in the Program, and/or (iii) any and all risks assumed by us hereunder, including, without limitation, exposure to or contraction of a Communicable Disease by me and/or any other individual infected by me. I, FOR MYSELF
AND ON BEHALF OF ALL OF THE OTHER PARTICIPANTS, FURTHER COVENANT
NOT TO SUE OR OTHERWISE PURSUE ANY FORM OF RECOVERY OR LEGAL
ACTION, INCLUDING ARBITRATION, AGAINST ANY OF THE INDEMNIFIED PARTIES ARISING FROM OR RELATING TO ANY CLAIM. For purposes of this Release, the “MLB Entities” shall mean the Dodgers and the other Major League Baseball clubs, the Office of the Commissioner of Baseball, Major League Baseball Properties, Inc., MLB Advanced Media, L.P., The MLB Network, LLC, and such entities’ respective past, present and future affiliates, owners, general and limited partners, members, shareholders, directors, officers, employees, agents, representatives, contractors, vendors, licensees, sponsors, advertisers, and broadcast partners.
8. I, FOR MYSELF AND ON BEHALF OF ALL OF THE OTHER
PARTICIPANTS, ACKNOWLEDGE AND UNDERSTAND THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES AS FOLLOWS:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE
CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO
EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE
RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE
MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE
DEBTOR OR RELEASED PARTY.”
BEING AWARE OF SAID CODE SECTION, WE HEREBY EXPRESSLY WAIVE ANY
RIGHTS THAT WE MAY HAVE THEREUNDER, AS WELL AS UNDER ANY OTHER
STATUTES OR COMMON LAW PRINCIPLES OF SIMILAR EFFECT, WHETHER IN CALIFORNIA OR ANY OTHER STATE.
9. I, for myself and on behalf of all of the other Participants, agree that if I and/or any of the other Participants, or anyone acting on our behalf, commence, join in, or in any way seek relief through any action or proceeding arising out of, based upon, or relating to any of the Claims released hereunder, or in any way assert against the Indemnified Parties any of the Claims released hereunder, then we will pay to the Indemnified Parties, in addition to any other damages caused to the Indemnified Parties thereby, all attorneys’ fees incurred by the Indemnified Parties in defending or otherwise responding to said action, proceeding, and/or Claims.
10. I, for myself and on behalf of all of the other Participants, hereby authorize and grant the Foundation, the Dodgers, and/or anyone authorized by or acting on behalf of the Foundation and/or the Dodgers (hereinafter, individually and collectively referred to as the “Authorized Users”) the non-exclusive, transferable, sublicensable, and assignable right to use, reproduce, publish, and/or depict our name, voice, words, image, likeness, and/or biographical information (collectively, the “Images”) in any manner that the Authorized Users deem necessary or appropriate, in all media, worldwide, in perpetuity, without any additional consideration, in and in connection with the production, distribution, marketing, promotion, advertisement, packaging, sale, publication, exhibition, display, and/or exploitation of the Program and/or the Authorized Users, including, without limitation, on the video display boards at Dodger Stadium and/or in any and all print and/or digital advertisements, websites, social media posts, broadcasts, telecasts, and/or other retransmissions of or regarding the Program and/or the Authorized Users. In addition, in connection with the use of the Images, I, for myself and on behalf of all of the other Participants, hereby release and waive any action or cause of action that we may assert in connection with the use of the Images, including, but not limited to, any claims that we have or may have for invasion of privacy, defamation, violation of any right of publicity, or any other cause of action arising out of the production, reproduction, distribution, transmission, publication, public performance, broadcast, or exhibition of advertisements, promotions, content, programs and/or materials in which the Images appear. I, for myself and on behalf of all of the other Participants, acknowledge and agree that this authorization is intended to satisfy any and all of the consent requirements of California Civil Code sections 3344 and 3344.1, and we hereby waive and release any and all claims that we may have or hereafter have against the Authorized Users under those statutes or any other statutes or common law principles of similar effect, whether in California or any other state.
11. I, FOR MYSELF AND ON BEHALF OF ALL OF THE OTHER
PARTICIPANTS, UNDERSTAND THAT BY AGREEING TO THIS RELEASE, WE ARE
GIVING UP OUR RIGHT TO SUE THE INDEMNIFIED PARTIES AND/OR TO SEEK
COMPENSATION FROM THE INDEMNIFIED PARTIES FOR ANY INJURIES OR
DAMAGES THAT WE MAY INCUR AS A RESULT OF THE ACTIVE OR PASSIVE
NEGLIGENCE (BUT NOT GROSS NEGLIGENCE OR WILLFUL MISCONDUCT) OF
THE INDEMNIFIED PARTIES, OUR PARTICIPATION IN THE PROGRAM, AND/OR
ANY AND ALL RISKS ASSUMED BY US HEREUNDER, INCLUDING, WITHOUT
LIMITATION, EXPOSURE TO OR CONTRACTION OF A COMMUNICABLE DISEASE BY ME AND/OR ANY OTHER INDIVIDUAL INFECTED BY ME.
12. If any provision of this Release shall for any reason be held invalid or unenforceable, such invalidity or unenforceability shall not affect any other provision hereof and this Release shall be construed as if such invalid or unenforceable provision were omitted.
13. This Release shall be governed by, construed, interpreted, and enforced in accordance with the laws of the State of California. I, for myself and on behalf of all of the other Participants, hereby (a) irrevocably submit to the exclusive jurisdiction of the state and federal courts located in Los Angeles County, California, in connection with all matters and issues arising out of the Program and/or this Release, (b) agree not to bring any claim or action except in such courts, and (c) irrevocably waive all claims, defenses, and objections based on improper venue, inconvenient forum, and/or lack of personal jurisdiction with respect to such courts.
14. DECLARATION. If child(ren) under eighteen (18) years old or legally incapacitated adult(s) for whom I am the parent or legal guardian will be participating in the Program, I declare under penalty of perjury under the laws of the State of California that I am the parent or legal guardian of the child(ren) or legally incapacitated adult(s) participating in the Program, and that I am duly authorized to execute this Release on his/her/their behalf. I further declare that I shall indemnify, defend, and hold harmless the Indemnified Parties from and against any and all Claims whatsoever, including, without limitation, attorneys’ fees and costs, resulting from, incident to, or arising out of his/her/their participation in the Program, his/her/their appearance in the Images, the exploitation of the Images by the Indemnified Parties, any and all risks assumed by him/her/them and me above, and/or the breach of any promises, covenants, and/or representations made by me herein and/or in the above Release.
I CERTIFY THAT I HAVE CAREFULLY READ THIS RELEASE AND THAT I AM
COMPETENT TO ACCEPT THE TERMS HEREIN, ON BEHALF OF MYSELF AND
THE OTHER PARTICIPANTS, WITH FULL UNDERSTANDING OF THEIR CONTENTS. I AM AWARE THAT THIS IS A LIKENESS AUTHORIZATION AND
RELEASE OF LIABILITY AND A CONTRACT BETWEEN MYSELF AND THE
INDEMNIFIED PARTIES AND THE AUTHORIZED USERS, AND BY ACCEPTING
AND SUBMITTING THIS RELEASE, I AGREE TO BE BOUND BY THE TERMS OF
THIS RELEASE, INCLUDING, BUT NOT LIMITED TO, THE WAIVER OF LIABILITY IN PARAGRAPHS 7 AND 14 AND THE LIKENESS AUTHORIZATION IN PARAGRAPH 10 ABOVE, AND DO SO OF MY OWN FREE WILL.
April 2, 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 ENTER INTO AN
AGREEMENT WITH TECHCOAT CONTRACTORS, INC. AND
ESTABLISH A PURCHASE ORDER FOR THE PEDESTRIAN COATING
SYSTEM AT FIRE STATION 1 AND FIRE STATION 3 ($108,905.00)
SUMMARY
Adoption of the attached resolution will authorize the City Manager to enter into an agreement and establish a purchase order to Techcoat Contractors, Inc. in the amount of Ninety-Four Thousand Seven Hundred Dollars and Zero Cents ($94,700.00) for the Pedestrian Coating System of Fire Station 1 located at 201 South Acacia Avenue, Compton, CA 90220 and Fire Station 3 Located at 1133 Rosecrans Avenue, Compton, CA 90222 and authorize a 15% contingency in the amount of Fourteen Thousand Two Hundred Five Dollars and Zero Cents ($14,205.00).
BACKGROUND
The City of Compton owns certain real property located at 201 South Acacia Avenue, Compton, CA 90220 [Fire Station 1] and 1133 Rosecrans Avenue, Compton, CA 90222 [Fire Station 3] currently occupied by Fire Department personnel.
The building’s pedestrian coating system has shown significant signs of weather deterioration. Facility maintenance workers are being called upon to perform repairs to problem areas on the system; however, despite staff efforts, water continues to leak through the coating system gaining access to the interior of the Fire Stations.
On January 12, 2024, City of Compton staff, The Garland Company, and state-license contractors inspected and evaluated the recommended repairs to the walkways. After reviewing the condition of the pedestrian coating system and the damage caused by recent rain storms, staff agreed that any temporary repair might be the quickest solution but not the most efficient.
STATEMENT OF THE ISSUE
The current pedestrian coasting system at Fire Station 1 and Fire Station 3 leaks during certain weather conditions and needs to be replaced for the safety of Fire Department personnel and visitors. Maintaining the pedestrian coating system is crucial as providing a safety slip-resistance surface reduces the risk of accidents and injuries. The system's
7. Staff Report – Authorizing Agreement and Purchase Order Techcoat Contractors, Inc. / Pedestrian Coating System
Fire Station 1 and Fire Station 3
April 2, 2024, Page 2 of 4
upkeep ensures that the coating remains effective in various weather conditions.
Additionally, a well-maintained coating system protects the underlying infrastructure, such as concrete, wood, or asphalt, from wear and tear caused by pedestrian traffic. Aside from visibly improving the building, compliance with safety regulations and standards is essential.
Staff worked with The Garland Company and state-licensed contractors to prepare a recommendation to rehabilitate the walkway. To ensure the city received the most costeffective delivery method for materials, the project was split into two phases:
Phase 1: Purchase of Materials
Phase 2: Construction Project
The Garland Company provided a proposal for the purchase of the construction material through the State of California Multiple Awards Schedule Unit (CMAS) cooperative agreement. On January 16, 2024, the Mayor and Council authorized Resolution Number 25, 967 to purchase the material through The Garland Company for the first phase of this project.
The City explored options with various cooperative agreements to secure a contractor for the construction portion of the project and go out for a traditional bid; however, due to recent rain storms, this method would cause additional delays and potentially create a health and safety hazard.
The maintenance team worked with The Garland Company and various vendors to request quotes for the project. The following contractors submitted quotes:
FIRE STATION 1 – PEDESTRIAN COATING SYSTEM
CONTRACTOR AMOUNT
Techcoat Contractors, Inc. $36,100.00
CI Services, Inc. $40,468.00
Commercial Roofing Systems, Inc. $65,000.00
Best Contracting Services, Inc. $75,000.00
FIRE STATION 3 – PEDESTRIAN COATING SYSTEM
CONTRACTOR AMOUNT
Techcoat Contractors, Inc. $56,000.00
CI Services, Inc. $97,045.00
Commercial Roofing Systems, Inc. $121,196.00
Best Contracting Services, Inc. $135,700.00
Staff Report – Authorizing Agreement and Purchase Order Techcoat Contractors, Inc. / Pedestrian Coating System
Fire Station 1 and Fire Station 3
April 2, 2024, Page 3 of 4
Staff has reviewed the quotes and has determined that Techcoat Contractors, Inc. is the most responsible, cost-effective, and suitable vendor for this project. Techcoat Contractors, Inc. is a quality and state-certified contractor that has completed projects with various government agencies. Staff has requested a project timeline, and the contractor anticipates a construction start date in April 2024; however, this date is based on securing all necessary materials, contract execution, bonds, and insurance upon Mayor and City Council authorization.
Replacing the pedestrian coating system for Fire Station 1 and Fire Station 3 is critical to preserving the safety of staff, visitors and preventing further damage to the building. Staff is requesting that this item be approved as an emergency measure immediately necessary for the preservation of the public's 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.
In addition to the emergency request for repair, the President of the United States signed the American Rescue Plan Act (ARPA) on March 11, 2021. The legislation provides $1.9 trillion in funding to address the economic impacts of the Coronavirus (COVID-19) pandemic, which included $350 billion in federal fiscal recovery aid to state and local governments. The City of Compton received approximately $34 million in aid as a result of the ARPA.
The General Services Department was allocated $7,096,308.00 of ARPA funding under the Capital Improvement FY 2023-2024 Adjusted Budget. The funds must be obligated by December 31, 2024, and expended by December 31, 2026.
ALTERNATIVE
The alternatives to approving this construction contract award are:
1. Advertise the project, requesting sealed bid proposals. Taking this route would delay the project by several months, and given the current market environment, would likely result in increased costs.
Staff does not recommend this option as delays can further damage the functionality of pedestrian areas and affect the integrity of the facility created a safety hazard to Fire personnel as their living quarters and restroom areas are impacted. In addition, the failing pedestrian coating system is a liability to the City.
Staff Report – Authorizing Agreement and Purchase Order Techcoat Contractors, Inc. / Pedestrian Coating System
Fire Station 1 and Fire Station 3
April 2, 2024, Page 4 of 4
FISCAL IMPACT
Funds in the amount not to exceed One Hundred Eight Thousand Nine Hundred Five Dollars and Zero Cents ($108,905.00) for this expenditure are available in the FY 2023- 2024 Budget in Account No. 2810-64-GEN-4300 Capital Improvement – American Rescue Funds (ARPA)
RECOMMENDATION
Staff recommends that the City Council adopt the attached Resolution as ARPA funds must be obligated by December 31, 2024, and funding must be expended by December 31, 2026.
NEBRASKA JONES
DIRECTOR OF GENERAL SERVICES
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
AUTHORIZING THE CITY MANAGER TO ENTER INTO AN
AGREEMENT WITH TECHCOAT CONTRACTORS, INC. AND
ESTABLISH A PURCHASE ORDER FOR THE PEDESTRIAN COATING
SYSTEM AT FIRE STATION 1 AND FIRE STATION 3 ($108,905.00) WHEREAS, the certain real property located at 201 South Acacia Avenue, Compton, CA 90220 [Fire Station 1] and 1133 West Rosecrans Avenue, Compton, CA 90222 [Fire Station 3], currently occupied by Fire Department personnel; and WHEREAS, the General Services Department is responsible for maintaining the City’s administrative buildings, parks, fire stations, service yards, and leased properties; and
WHEREAS, the building’s pedestrian coating system has shown significant signs of weather deterioration; and
WHEREAS, facility maintenance workers are being called upon to perform repairs to problem areas on the system; however, despite staff efforts, water continues to leak through the coating system gaining access to the interior of the Fire Stations; and WHEREAS, the current pedestrian coasting system at Fire Station 1 and Fire Station 3 leaks during certain weather conditions and needs to be replaced for the safety of Fire Department personnel and visitors; and
WHEREAS, maintaining the pedestrian coating system is crucial as providing a safety slip-resistance surface reduces the risk of accidents and injuries; and WHEREAS, a well-maintained coating system protects the underlying infrastructure, such as concrete, wood, or asphalt, from wear and tear caused by pedestrian traffic creating an aesthetic appeal along with compliance with safety regulations and standards; and
WHEREAS, on November 3, 2023, City of Compton staff, The Garland Company, and state-licensed contractors inspected and evaluated the recommended repairs to Fire Station 1 and Fire Station 3 pedestrian coating systems; and WHEREAS, The Garland Company was awarded a multi-year contract by the State of California Multiple Award Schedules Unit (CMAS) to provide general building and construction materials to members throughout California; and WHEREAS, to ensure the city is receiving the most cost-effective delivery method for materials, this project was split into two portions: the purchase of materials and the construction project; and
WHEREAS, on January 16, 2024, the Mayor and City Council approved the purchase of roofing material for the first phase of the project, through the State of California Multiple Awards Schedule Unit (CMAS) cooperative agreement with The Garland Company; and
WHEREAS, the City explored options with various cooperative agreements to secure a contractor for the construction portion of the project or go out for a traditional bid; however, due to the recent rain storms, this method would cause additional delays and potentially create a health and safety hazard; and
WHEREAS, the maintenance team worked with The Garland Company and various vendors to request quotes for the projects; and Resolution No. __________
WHEREAS, bids were provided by Techcoat Contractors, Inc., CI Services, Inc., Commercial Roofing Systems, Inc. and Best Contracting Services, Inc.; and FIRE STATION 1 – PEDESTRIAN COATING SYSTEM
CONTRACTOR AMOUNT
Techcoat Contractors, Inc. $36,100.00
CI Services, Inc. $40,468.00
Commercial Roofing Systems, Inc. $65,000.00
Best Contracting Services, Inc. $75,000.00
FIRE STATION 3 – PEDESTRIAN COATING SYSTEM
CONTRACTOR AMOUNT
Techcoat Contractors, Inc. $56,000.00
CI Services, Inc. $97,045.00
Commercial Roofing Systems, Inc. $121,196.00
Best Contracting Services, Inc. $135,700.00
WHEREAS, staff has evaluated the proposals and determined that Techcoat Contractors, Inc. is the most cost-effective and most responsible vendor for both projects; and
WHEREAS, replacing the pedestrian coating system for Fire Station 1 and Fire Station 3 is critical to preserving the safety of staff and visitors and preventing further damage to the building; and
WHEREAS, staff is requesting that this item be approved as an emergency measure immediately necessary for the preservation of the public's 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, on March 11, 2021, the President of the United States signed the American Rescue Plan Act (ARPA) of 2021, and the City of Compton received approximately $34 million in aid as a result of the ARPA; and WHEREAS, the General Services Department was allocated $7,096,308.00 of ARPA funding under the Capital Improvement FY 2023-2024 Adjusted Budget; these funds must be obligated by December 31, 2024, and expended by December 31, 2026; and
WHEREAS, funds for Fiscal Year 2023-2024 in the amount of One Hundred Eight Thousand Nine Hundred Five Dollars and Zero Cents ($108,905.00) are available in the 2023-2024 Fiscal Year budget in the following Account Number; and Account No. Fund Description Amount
2810-640-GEN-4300 ARPA Funds Construction Project $94,700.00 2810-640-GEN-4300 ARPA Funds 15% Contingency $14,205.00 WHEREAS, staff is requesting the ability to efficiently manage this demand by requesting to issue purchase orders for the construction project and fifteen percent (15%) contingency to Techcoat Contractors, Inc. in the amount not to exceed One Hundred Eight Thousand Nine Hundred Five Dollars and Zero Cents ($108,905.00).
Resolution No. __________
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 an agreement, on the advice and approval of the City Attorney, with Techcoat Contractors, Inc. to replace the pedestrian coating system for Fire Station 1 and Fire Station 3.
SECTIOIN 2. That the City Manager is hereby authorized to establish a purchase order to the Techcoat Contractors, Inc. in the amount not to exceed Ninety-Four Thousand Seven Hundred Dollars and Zero Cents ($94,700.00) from Account Number 2810-640-GEN-4300.
SECTION 3. That a fifteen percent (15%) contingency in the amount of Fourteen Thousand Two Hundred Five Dollars and Zero Cents ($14,205.00) is hereby authorized.
SECTION 4. That funds in the amount not to exceed One Hundred Eight Thousand Nine Hundred Five Dollars and Zero Cents ($108,905.00) are available in the 2023-2024 Fiscal Year budget in Account Number 2810-640-GEN-4300.
SECTION 5. 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 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
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 MEMBERSABSENT: COUNCIL MEMBERSABSTAIN: COUNCIL MEMBERS- ____________________________________
CITY CLERK OF THE CITY OF COMPTON
INSTALLATION AGREEMENT BETWEEN
CITY OF COMPTON AND
TECHCOAT CONTRACTORS, 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 TECHCOAT CONTRACTORS, INC. (hereinafter referred to as “CONTRACTOR”) located at 15720 Garfield Avenue, Paramount, California 90723 (each a “Party” and collectively, the “Parties”).
RECITALS
A. City does not have available personnel specifically trained and experienced to perform the services required and requires the professional services of a contractor trained, certified and experienced to install materials located at 201 South Acacia Avenue, Compton, CA 90220 [Fire Station 1] and 1133 West Rosecrans Avenue, Compton, CA 90222 [Fire Station 3], building to provide a pedestrian coating system; 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 _______ 2024, the City Council gave approval to award a contract to the Contractor for the replacement of the pedestrian coating system located at 201 South Acacia Avenue, Compton, CA 90220 [Fire Station 1] and 1133 West Rosecrans Avenue, Compton, CA 90222 [Fire Station 3].
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 for 201 South Acacia Avenue, Compton, CA 90220 [Fire Station 1] and 1133 West Rosecrans Avenue, Compton, CA 90222 [Fire Station 3].
More specifically, Contractor shall perform the following scope of services:
Compton Fire Station #1: Total approximately 770 square feet. - Remove existing wood deck and roof materials to the structural deck. - Tape all wood joints.
- Demo and dispose of all trash.
- Prepare all substrates and coating terminations to Garland's satisfaction. - Apply Garland Dura walk pedestrian coating system to the entire area.
The underlying layer consists of an existing roof material, which must be mechanically removed prior to the installation of the new pedestrian coating system. Removal will be achieved utilizing pneumatic scrappers, the removed material will be disposed of in a dumpster which Techcoat will provide, and located on site.
Installation Agreement – Techcoat Contractors, Inc.
Pedestrian Coating System - Fire Station 1 and Fire Station 3 Resolution No. ………
2 After removal, City will provide the Dura Walk Pedestrian Coating System materials, which Techcoat will install in accordance with the manufacturer's instructions.
PRICE: $33,500.00 + $2,600 Bond Fee
Compton Fire Station #3: Total approximately 3,164 square feet. - Remove the existing coating system.
- Surface grind and prepare surface to Garland's satisfaction. - Route and caulk all visible cracks.
- Demo and dispose of all trash.
- Repair and patch all penetrations, cracks, and holes in concrete to Garland's satisfaction. - Install baker rod and caulking at deck to wall joint where needed. - Prepare all substrates and coating terminations to Garland's satisfaction. - Apply Garland Dura Walk pedestrian coating system to the entire area.
The underlying layer consists of an existing coating system, which must be mechanically removed before the installation of the new pedestrian coating system. Removal will be achieved utilizing pneumatic scrappers, mechanical chipping equipment, and planetary grinders equipped with PCD diamonds. The removed material will be disposed of in a dumpster, which Techcoat will provide, and will be located on site.
After removal of the existing epoxy coating, the substrate will be prepared by "Blastrac" recycled steel shot cleaning (shotblasting). This dry, dust-free operation will remove all surface contamination by impacting the floor with high-velocity steel shot, which is then separated from the debris and recycled.
Perimeter edges and areas around penetrations that cannot be reached by our shotblasting equipment will be prepared by vacuum grinding with diamond cup grinders.
After surface preparation, major defects such as large open structural cracks, large holes, etc., will be repaired. Deep holes will be repaired with epoxy mortar grout. Irregular cracks will be cleaned out with crack-chasing equipment and filled with Sika 1A caulking.
After repairs, City will provide the Dura Walk pedestrian coating system materials, which Techcoat will install in accordance with the manufacturer's instructions.
Price: $56,000.00 + $2,600 Bond Fee
Warranty:
Contractor shall guarantee all work against defects in materials and workmanship for a period of five (5) year from the date of substantial completion or use by the Contractor or the Contractor's customer, whichever is earlier.
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.
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.
Installation Agreement – Techcoat Contractors, Inc.
Pedestrian Coating System - Fire Station 1 and Fire Station 3 Resolution No. ………
3 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 Ninety-Four Thousand Seven Hundred Dollars and Zero Cents ($94,700.00).
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 120 days from the “Notice-to-Proceed”.
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 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:
Installation Agreement – Techcoat Contractors, Inc.
Pedestrian Coating System - Fire Station 1 and Fire Station 3 Resolution No. ………
4 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 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.
Installation Agreement – Techcoat Contractors, Inc.
Pedestrian Coating System - Fire Station 1 and Fire Station 3 Resolution No. ………
5 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 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.
Installation Agreement – Techcoat Contractors, Inc.
Pedestrian Coating System - Fire Station 1 and Fire Station 3 Resolution No. ………
6 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 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:
Installation Agreement – Techcoat Contractors, Inc.
Pedestrian Coating System - Fire Station 1 and Fire Station 3 Resolution No. ………
7 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 five (5) years following completion of the project.
If within five (5) years 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:
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 Installation Agreement – Techcoat Contractors, Inc.
Pedestrian Coating System - Fire Station 1 and Fire Station 3 Resolution No. ………
8 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:
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: Techcoat Contractors, Inc.
Installation Agreement – Techcoat Contractors, Inc.
Pedestrian Coating System - Fire Station 1 and Fire Station 3 Resolution No. ………
9 15720 Garfield Avenue
Paramount, California 90723
Attn: Abel Partida, Executive Vice President
(562) 562-5700
To City: City of Compton
205 South Willowbrook Avenue
Compton, California 90220
Attn: Director, General Services Department
(310) 605-5519
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:
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 Installation Agreement – Techcoat Contractors, Inc.
Pedestrian Coating System - Fire Station 1 and Fire Station 3 Resolution No. ………
10 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:
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.
Installation Agreement – Techcoat Contractors, Inc.
Pedestrian Coating System - Fire Station 1 and Fire Station 3 Resolution No. ………
11 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.
TECHCOAT CONTRACTORS, INC.
CONTRACTOR
Dated: _______________ By ____________________________________ Abel Partida, Executive Vice President
TECHCOAT CONTRACTORS, INC.
CTY OF COMPTON
Recommended for Approval by:
By _______________________________ Dated: ____________________ Nebraska Jones
General Services Department
Approved by:
Dated: ___________________ By ____________________________________ Willie A. Hopkins, City Manager
Approved as to form:
By ________________________________ Dated: ___________________ Eric J. Perrodin, City Attorney
ATTEST:
Dated: _________________ By ____________________________________ Vernell McDaniel, City Clerk
Data current as of 3/12/2024 11:56:00 AM
Home | Online Services | License Details
Contractor's License Detail for License #
568738
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
TECHCOAT CONTRACTORS INC
15720 GARFIELD AVENUE
PARAMOUNT, CA 90723
Business Phone Number:(562) 529-5700
Entity Corporation
Issue Date 05/19/1989
Expire Date 05/31/2025
License Status
This license is current and active.
All information below should be reviewed.
Classifications
C-61 / D12 - SYNTHETIC PRODUCTS
Bonding Information
Contractor's Bond
This license filed a Contractor's Bond with AMERICAN CONTRACTORS INDEMNITY COMPANY.
Bond Number: 9019525
Bond Amount: $25,000
Effective Date: 01/01/2023
Contractor's Bond History
Bond of Qualifying Individual
The qualifying individual DANNY THOMAS RENNISON 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: 07/08/2015
Workers' Compensation
This license has workers compensation insurance with the FALLS LAKE FIRE AND CASUALTY
COMPANY
Policy Number:FLA00506606
Effective Date: 04/01/2023
Expire Date: 04/01/2024
Workers' Compensation History
Other
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. Personnel listed on this license (current or disassociated) are listed on other licenses.
Copyright © 2024 State of California
Back to Top Conditions of Use
Privacy Policy Accessibility
Accessibility Certification
Data current as of 3/12/2024 11:56:00 AM
Home | Online Services | License Details
Contractor's License Detail for License #
568738
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
TECHCOAT CONTRACTORS INC
15720 GARFIELD AVENUE
PARAMOUNT, CA 90723
Business Phone Number:(562) 529-5700
Entity Corporation
Issue Date 05/19/1989
Expire Date 05/31/2025
License Status
This license is current and active.
All information below should be reviewed.
Classifications
C-61 / D12 - SYNTHETIC PRODUCTS
Bonding Information
Contractor's Bond
This license filed a Contractor's Bond with AMERICAN CONTRACTORS INDEMNITY COMPANY.
Bond Number: 9019525
Bond Amount: $25,000
Effective Date: 01/01/2023
Contractor's Bond History
Bond of Qualifying Individual
The qualifying individual DANNY THOMAS RENNISON 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: 07/08/2015
Workers' Compensation
This license has workers compensation insurance with the FALLS LAKE FIRE AND CASUALTY
COMPANY
Policy Number:FLA00506606
Effective Date: 04/01/2023
Expire Date: 04/01/2024
Workers' Compensation History
Other
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. Personnel listed on this license (current or disassociated) are listed on other licenses.
Copyright © 2024 State of California
Back to Top Conditions of Use
Privacy Policy Accessibility
Accessibility Certification
April 2, 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 ENTER INTO AN
AGREEMENT WITH RISHER SUTHERLAND, INC. DBA UNITED
CONTRACTORS, INC. AND ESTABLISH A PURCHASE ORDER FOR
THE ROOF REPLACEMENT OF FIRE STATION 1 ($328,900.00)
SUMMARY
Adoption of the attached resolution will authorize the City Manager to enter into an agreement and establish a purchase order to Risher Sutherland, Inc. DBA United Contractors, Inc. in the amount of Two Hundred, Eighty-Six Thousand Dollars and Zero Cents ($286,000.00) for the roof replacement of Fire Station 1 located at 201 South Acacia Avenue, Compton, CA 90220 and authorize a 15% contingency in the amount of Forty-Two Thousand Nine Hundred Dollars and Zero Cents ($42,900.00).
BACKGROUND
The City of Compton owns certain real property located at 201 South Acacia Avenue, Compton, CA 90220 [Fire Station 1], currently occupied by Fire Department personnel.
The building’s aging roof has shown significant signs of failure. Facility maintenance workers are being called upon to perform more repairs to problem areas on the roof; however, despite staff efforts, water continues to leak inside the building.
On January 12, 2024, City of Compton staff, The Garland Company, and a state-licensed roofing contractor inspected and evaluated the recommended repairs to the roof. After reviewing the condition of the roof and the damage caused by recent rain storms, staff agreed that any temporary repair to the roof may be the quickest solution but not the most efficient.
STATEMENT OF THE ISSUE
The current roofing system at Fire Station 1 leaks during certain weather conditions and needs to be replaced for the safety of Fire Department personnel and visitors. Replacing the roof is crucial to prevent mold for several reasons:
Water Leakage Prevention: A deteriorating roof can develop leaks, allowing water to seep into the structure of the building. Moisture from leaks can promote
8. Staff Report – Authorizing Agreement and Purchase Order United Contractors, Inc. / Roof Replacement Project
Fire Station I Facility / 201 S. Acacia Ave.
April 2, 2024, Page 2 of 4
mold growth in various areas of the building, including walls, ceilings, and insulation.
Mold Growth Prevention: Mold thrives in damp environments, and a leaking roof provides the ideal conditions for mold spores to proliferate. By replacing a damaged roof, you eliminate the source of moisture that facilitates mold growth. Health Concerns: Mold can pose significant health risks, especially for individuals with respiratory issues, allergies, or compromised immune systems. Mold spores can become airborne and circulate throughout the building, potentially causing respiratory problems and allergic reactions.
Structural Integrity: Prolonged exposure to moisture from a leaking roof can weaken the structural integrity of the building. Mold can also cause damage to building materials such as wood, drywall, and insulation, leading to costly repairs or even structural failure over time.
Property Value: A well-maintained roof is essential for preserving the value of a property. Potential buyers are often wary of properties with existing roof issues or a history of water damage and mold growth. By replacing a damaged roof, you enhance the curb appeal and marketability of the property.
The maintenance staff had previously sealed the specific areas of the roof, and the temporary solution worked until the heavy rain in late 2022 and early 2023. On March 22, 2023, the Fire Department hired ServPro of Downey to provide mold remediation to Fire Station 1 due to water intrusion caused by the deteriorating roof. Mold was mitigated in the gym, kitchen, and restroom. This issue has caused concerns from fire personnel, management, and the citizens of Compton.
Staff worked with The Garland Company and state-licensed roofing contractors to prepare a recommendation to rehabilitate the entire roof rather than patching or adding additional layers. To ensure the city received the most cost-effective delivery method for roofing materials, the roofing project was split into two phases:
Phase 1: Purchase of Roofing Materials
Phase 2: Construction Project
The Garland Company provided a proposal for the purchase of the construction material through the State of California Multiple Awards Schedule Unit (CMAS) cooperative agreement. On January 16, 2024, the Mayor and Council authorized Resolution Number 25, 967 to purchase the roofing material through The Garland Company for the first phase of this project.
Staff Report – Resolution
Authorizing Agreement and Purchase Order
United Contractors, Inc. / Roof Replacement Project
Fire Station I Facility / 201 S. Acacia Ave.
April 2, 2024 Page 3 of 4
The City explored options with various cooperative agreements to secure a contractor for the construction portion of the project and go out for a traditional bid; however, due to the recent rain storms, this method would cause additional delays and potentially create a health and safety hazard.
The maintenance team worked with The Garland Company and various vendors to request quotes for the roofing project. The following contractors submitted quotes:
CONTRACTOR AMOUNT
Risher Sutherland DBA United Contractors, Inc. $286,000.00 CI Services, Inc. $356,000.00
Exclusive Metal, Inc. $365,635.00
Commercial Roofing Systems, Inc. $399,398.00
Best Contracting Services, Inc. $448,134.00
The staff has reviewed the quotes and has determined that United Contractors, Inc. is the most responsible, cost-effective, and suitable vendor for this project. United Contractors, Inc. is a quality and state-certified roofing contractor that has completed projects with various government agencies. Staff has requested a project timeline and the contractor anticipates a construction start date in May 2024, however, this date is based on securing all necessary materials, contract execution, bonds, and insurance upon Mayor and City Council authorization.
The roof replacement for Fire Station I is critical to preserving the safety of staff and visitors and preventing further damage to the building. Staff is requesting that this item be approved as an emergency measure immediately necessary for the preservation of the public's 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.
In addition to the emergency request for repair, the President of the United States signed the American Rescue Plan Act (ARPA) on March 11, 2021. The legislation provides $1.9 trillion in funding to address the economic impacts of the Coronavirus (COVID-19) pandemic, which included $350 billion in federal fiscal recovery aid to state and local governments. The City of Compton received approximately $34 million in aid as a result of the ARPA.
The General Services Department was allocated $7,096,308.00 of ARPA funding under the Capital Improvement FY 2023-2024 Adjusted Budget. The funds must be obligated by December 31, 2024, and expended by December 31, 2026.
Staff Report – Authorizing Agreement and Purchase Order United Contractors, Inc. / Roof Replacement Project
Fire Station I Facility / 201 S. Acacia Ave.
April 2, 2024, Page 4 of 4
ALTERNATIVE
The alternatives to approving this construction contract award are:
1. Advertise the project, requesting sealed bid proposals. Taking this route would delay the project by several months, and given the current market environment, would likely result in increased costs.
Staff does not recommend this option as delaying the roofing project can create a health and safety hazard for Fire Department personnel.
FISCAL IMPACT
Funds in the amount not to exceed Three Hundred Twenty-Eight Thousand Nine Hundred Dollars and Zero Cents ($328,900.00) for this expenditure are available in the FY 2023-2024 Budget in Account No. 2810-64-GEN-4300 Capital Improvement – American Rescue Funds (ARPA)
RECOMMENDATION
Staff recommends that the City Council adopt the attached Resolution as ARPA funds must be obligated by December 31, 2024, and funding must be expended by December 31, 2026.
NEBRASKA JONES
DIRECTOR OF GENERAL SERVICES
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
AUTHORIZING THE CITY MANAGER TO ENTER INTO AN
AGREEMENT WITH RISHER SUTHERLAND, INC. DBA UNITED
CONTRACTORS, INC. AND ESTABLISH A PURCHASE ORDER FOR
THE ROOF REPLACEMENT OF FIRE STATION 1 ($328,900.00)
WHEREAS, the City of Compton owns certain real property located at 201 South Acacia Avenue, Compton, CA 90220 [Fire Station 1], currently occupied by Fire Department personnel; and
WHEREAS, the General Services Department is responsible for maintaining the City’s administrative buildings, parks, fire stations, service yards, and leased properties; and
WHEREAS, the building’s aging roof has shown significant signs of failure; and WHEREAS, facility maintenance workers sealed specific areas of the roof; however, despite staff efforts, water continues to leak inside the building; and WHEREAS, on March 22, 2024, the Fire Department hired ServPro of Downey to provide mold remediation to Fire Station 1 due to water intrusion caused by the deteriorating roof; and
WHEREAS, mold was mitigated in the gym kitchen, and restroom areas of Fire Station 1 and this issue has caused concerns from personnel, management and the Citizens of Compton; and
WHEREAS, repairing the roof will prevent moisture from entering the building and prevent significant health risks that can be caused by potential mold exposure; and WHEREAS, On November 3, 2023, City of Compton staff, The Garland Company, and state-licensed roofing contractors inspected and evaluated the recommended repairs to Fire Station 1; and
WHEREAS, The Garland Company was awarded a multi-year contract by the State of California Multiple Award Schedules Unit (CMAS) to provide general building and construction materials to members throughout California; and WHEREAS, to ensure the city is receiving the most cost-effective delivery method for roofing materials, this roofing project was split into two portions: the purchase of roofing materials and the construction project; and
WHEREAS, on January 16, 2024, the Mayor and City Council approved the purchase of roofing material for the first phase of the project, through the State of California Multiple Awards Schedule Unit (CMAS) cooperative agreement with The Garland Company; and
WHEREAS, the City explored options with various cooperative agreements to secure a contractor for the construction portion of the project or go out for a traditional bid; however, due to the recent rain storms, this method would cause additional delays and potentially create a health and safety hazard; and
WHEREAS, the maintenance team worked with The Garland Company and various vendors to request quotes for the roofing project; and WHEREAS, bids were provided by Risher Sutherland, Inc. DBA United Contractors, Inc., CI Services, Inc., Exclusive Metal, Inc, Commercial Roofing Systems, Inc., Best Contracting Services, Inc.; and
Resolution No. __________
CONTRACTOR AMOUNT
Risher Sutherland DBA United Contractors, Inc. $286,000.00 CI Services, Inc. $356,000.00
Exclusive Metal, Inc. $365,635.00
Commercial Roofing Systems, Inc. $399,398.00
Best Contracting Services, Inc. $448,134.00
WHEREAS, staff has evaluated the proposals and determined that United Contractors, Inc. is the most cost cost-effective and most responsible vendor for this project; and
WHEREAS, the roof replacement for Fire Station I is critical to preserving the safety of staff and visitors and preventing further damage to the building; and WHEREAS, staff is requesting that this item be approved as an emergency measure immediately necessary for the preservation of the public's 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, on March 11, 2021, the President of the United States signed the American Rescue Plan Act (ARPA) of 2021, and the City of Compton received approximately $34 million in aid as a result of the ARPA; and WHEREAS, the General Services Department was allocated $7,096,308.00 of ARPA funding under the Capital Improvement FY 2023-2024 Adjusted Budget; these funds must be obligated by December 31, 2024, and expended by December 31, 2026; and
WHEREAS, funds for Fiscal Year 2023-2024 in the amount of Three Hundred Eight Thousand Nine Hundred Dollars and Zero Cents ($328,900.00) are available in the 2023-2024 Fiscal Year budget in the following Account Number:
Account No. Fund Description Amount
2810-640-GEN-4300 ARPA Funds Construction Project $286,000.00 2810-640-GEN-4300 ARPA Funds 15% Contingency $42,900.00 WHEREAS, staff is requesting the ability to efficiently manage this demand by requesting to issue purchase orders for the construction project and fifteen percent (15%) contingency to United Contractors, Inc. in the amount not to exceed Three Hundred Twenty-Eight Thousand Nine Hundred Dollars and Zero Cents ($328,900.00).
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 an agreement, on the advice and approval of the City Attorney, with Risher Sutherland, Inc.
DBA United Contractors, Inc. for the roof replacement of Fire Station I.
SECTIOIN 2. That the City Manager is hereby authorized to establish a purchase order to the Risher Sutherland DBA United Contractors, Inc. in the amount not to exceed Two Hundred, Eighty Six Thousand Dollars and Zero Cents ($286,000.00) from Account Number 2810-640-GEN-4300.
SECTION 3. That a fifteen percent (15%) contingency in the amount of Forty-Two Thousand Nine Hundred Dollars and Zero Cents ($42,900.00) is hereby authorized.
Resolution No. __________
SECTION 4. That funds in the amount not to exceed Three Hundred Twenty-Eight Thousand Nine Hundred Dollars and Zero Cents ($328,900.00) are available in the 2023- 2024 Fiscal Year budget in Account Number 2810-640-GEN-4300.
SECTION 5. 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 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
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 MEMBERSABSENT: COUNCIL MEMBERSABSTAIN: COUNCIL MEMBERS- ____________________________________
CITY CLERK OF THE CITY OF COMPTON
INSTALLATION AGREEMENT BETWEEN
CITY OF COMPTON AND
RISHER SUTHERLAND, INC. DBA UNITED CONTRACTORS, 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 RISHER SUTHERLAND, INC. DBA UNITED CONTRACTORS, INC. (hereinafter referred to as “CONTRACTOR”) located at 334 West Oak Street, San Bernardino, CA 92401 (each a “Party” and collectively, the “Parties”).
RECITALS
A. City does not have available personnel specifically trained and experienced to perform the services required and require the professional services of a contractor trained, certified and experienced to install roofing materials located at 201 South Acacia Avenue, Compton, CA 90220 [Fire Station 1], building to enhance 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 _______ 2024, the City Council gave approval to award a contract to the Contractor for the roof replacement located at 201 South Acacia Avenue, 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 for 201 South Acacia Avenue, Compton, CA 90221.
More specifically, Contractor shall perform the following scope of services provided by:
Scope of Work:
Labor, material, and applicable taxes necessary to install: Owner-supplied Garland standing seam metal roofing panels over existing asphalt shingle roof. United Contractors will furnish and install sheet metal gutters, trims, crickets, and sheet metal caps with owner-supplied flat sheet, demolish existing asphalt shingle roofing, and install owner-supplied self-adhering underlayment over existing substrate.
Project Specific Exclusions (To Be Excluded from Contract):
New skylights, plywood sheathing, repairs to substrate, downspouts, single-ply roofing, clad metal.
Standard Exclusions (To Be Excluded from Contract):
Bond premium, clad metal of any kind, as-built drawings, participation in a project labor or stabilization agreement, permits and fees, inspections and fees, engineering, responsibility for the suitability of the design, demolition, structural steel, framing, steel decking, stainless steel, plywood substrate, sheathing, decking, backing, substructure, aluminum break metal, break metal at storefronts, screeds and reveals, vent screed, custom colors, interior sheet metal, sheet metal in conjunction with steel framing, field painting, access panels, access ladders, vent and conduit pipe flashings, door louvers, all mechanical Installation Agreement – Risher Sutherland, Inc. Dba United Contractors, Inc.
Purchase/Install New Roof System (201 South Acacia Avenue) Fire Station 1 Resolution No. ………
2 louvers, LEED materials and resources, saw cutting at all masonry, sump pans at roof drains, installation of electrical components and wiring associated with tubular skylights (we will provide dimmer switches FOB if required), Division 5 Metals, Division 6 Woods and Plastics (including all nailers, blocking, sheathing, roof curbs, etc.).
Includes: Prevailing wage rates.
Project Notes: Garland metal panels, underlayment, and flat sheet are to be supplied by owner.
Price Increases: The metal roofing and sheet metal industry is currently experiencing price volatility with steel products. Additionally, insulation pricing is volatile as well. Because of market fluctuations, the prices of these products are subject to sudden, significant changes and firm prices cannot be obtained from suppliers. If there is an increase in the price charged to United Contractors for these products, subsequent to making this proposal/contract, the price set forth in this proposal/contract shall be increased to reflect the additional cost to the contractor. United Contractors will submit written documentation of the increased charges.
Conditions of Agreement:
Acceptance of this proposal by Contractor shall be acceptance of all terms and conditions recited herein, which shall supersede any conflicting term in any other contract document. Any of the Contractor's terms and conditions in addition or different from this proposal are objected to and shall have no effect.
Contractor's agreement herewith shall be evidenced by Contractor's signature hereon or by permitting Subcontractor to commence work for project.
Warranty:
Contractor shall guarantee all work against defects in materials and workmanship for a period of One (1) year from the date of substantial completion or use by the Contractor or the Contractor's customer, whichever is earlier.
Exhibit 1-A – United Contractors, Inc. – Proposal Estimate dated 1/25/2024 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.
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.
Installation Agreement – Risher Sutherland, Inc. Dba United Contractors, Inc.
Purchase/Install New Roof System (201 South Acacia Avenue) Fire Station 1 Resolution No. ………
3 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 Two Hundred Eight Six Thousand Dollars and Zero Cents (286,000.00).
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 120 days from the “Notice-to-Proceed”.
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 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 Installation Agreement – Risher Sutherland, Inc. Dba United Contractors, Inc.
Purchase/Install New Roof System (201 South Acacia Avenue) Fire Station 1 Resolution No. ………
4 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 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.
Installation Agreement – Risher Sutherland, Inc. Dba United Contractors, Inc.
Purchase/Install New Roof System (201 South Acacia Avenue) Fire Station 1 Resolution No. ………
5 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 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.
Installation Agreement – Risher Sutherland, Inc. Dba United Contractors, Inc.
Purchase/Install New Roof System (201 South Acacia Avenue) Fire Station 1 Resolution No. ………
6 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 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:
Installation Agreement – Risher Sutherland, Inc. Dba United Contractors, Inc.
Purchase/Install New Roof System (201 South Acacia Avenue) Fire Station 1 Resolution No. ………
7 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:
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.
Installation Agreement – Risher Sutherland, Inc. Dba United Contractors, Inc.
Purchase/Install New Roof System (201 South Acacia Avenue) Fire Station 1 Resolution No. ………
8 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:
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: Risher Sutherland, Inc. DBA United Contractors, Inc. 334 West Oak Street,
San Bernardino, CA 92401
Attn:
(909) 388-7424
To City: City of Compton
205 South Willowbrook Avenue
Compton, California 90220
Attn: Director, General Services Department
Installation Agreement – Risher Sutherland, Inc. Dba United Contractors, Inc.
Purchase/Install New Roof System (201 South Acacia Avenue) Fire Station 1 Resolution No. ………
9 (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:
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.
Installation Agreement – Risher Sutherland, Inc. Dba United Contractors, Inc.
Purchase/Install New Roof System (201 South Acacia Avenue) Fire Station 1 Resolution No. ………
10 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:
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.
RISHER SUTHERLAND, INC. DBA UNITED CONTRACTORS, INC.
CONTRACTOR
Installation Agreement – Risher Sutherland, Inc. Dba United Contractors, Inc.
Purchase/Install New Roof System (201 South Acacia Avenue) Fire Station 1 Resolution No. ………
11 Dated: _______________ By ____________________________________ Owner
RISHER SUTHERLAND, INC
DBA UNITED CONTRACTORS, INC.
CTY OF COMPTON
Recommended for Approval by:
By _______________________________ Dated: ____________________ Nebraska Jones
General Services Department
Approved by:
Dated: ___________________ By ____________________________________ Willie A. Hopkins, City Manager
Approved as to form:
By ________________________________ Dated: ___________________ Eric J. Perrodin, City Attorney
ATTEST:
Dated: _________________ By ____________________________________ Vernell McDaniel, City Clerk
Data current as of 3/11/2024 1:25:55 PM
Home | Online Services | License Details
Contractor's License Detail for License #
416125
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
RISHER SUTHERLAND INC
DBA UNITED CONTRACTORS
334 WEST OAK STREET
SAN BERNARDINO, CA 92401
Business Phone Number:(909) 388-7400
Entity Corporation
Issue Date 12/28/1981
Expire Date 12/31/2025
License Status
This license is current and active.
All information below should be reviewed.
Classifications
Bonding Information
Contractor's Bond
This license filed a Contractor's Bond with OHIO CASUALTY INSURANCE COMPANY (THE).
Bond Number: 192819C
Bond Amount: $25,000
Effective Date: 01/01/2023
Contractor's Bond History
Bond of Qualifying Individual
The qualifying individual BRUCE JOHN GILEVICH 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: 05/02/2001
Workers' Compensation
This license has workers compensation insurance with the CYPRESS INSURANCE COMPANY Policy Number:RIWC432141
Effective Date: 07/01/2023
Expire Date: 07/01/2024
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. C39 - ROOFING
C43 - SHEET METAL
C51 - STEEL, STRUCTURAL
Data current as of 3/11/2024 1:25:55 PM
Home | Online Services | License Details
Contractor's License Detail for License #
416125
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
RISHER SUTHERLAND INC
DBA UNITED CONTRACTORS
334 WEST OAK STREET
SAN BERNARDINO, CA 92401
Business Phone Number:(909) 388-7400
Entity Corporation
Issue Date 12/28/1981
Expire Date 12/31/2025
License Status
This license is current and active.
All information below should be reviewed.
Classifications
Bonding Information
Contractor's Bond
This license filed a Contractor's Bond with OHIO CASUALTY INSURANCE COMPANY (THE).
Bond Number: 192819C
Bond Amount: $25,000
Effective Date: 01/01/2023
Contractor's Bond History
Bond of Qualifying Individual
The qualifying individual BRUCE JOHN GILEVICH 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: 05/02/2001
Workers' Compensation
This license has workers compensation insurance with the CYPRESS INSURANCE COMPANY Policy Number:RIWC432141
Effective Date: 07/01/2023
Expire Date: 07/01/2024
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. C39 - ROOFING
C43 - SHEET METAL
C51 - STEEL, STRUCTURAL
April 2, 2024
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: BRYAN SPRAGG, DIRECTOR OF RECREATION
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON
AUTHORIZING THE CITY MANAGER TO OPEN A PURCHASE ORDER
WITH STAPLES ADVANTAGE TO PAY INVOICES FOR OFFICE
SUPPLIES FROM PREVIOUS FISCAL YEARS IN THE AMOUNT OF
$254.95
SUMMARY
Adoption of the attached resolution will establish a Purchase Order to pay unpaid office supplies invoices from previous fiscal years 2020-2021 and 2021-2022.
BACKGROUND
The City of Compton’s residents, community centers, golf course, and swimming pools are supported by the administrative operations completed by the Recreation Department staff. The Recreation Department staff utilizes Staples Advantage to procure the supplies needed to maintain City operations. The City of Compton must utilize Staples Advantage to secure administrative supplies needed and to ensure operations continue.
STATEMENT OF THE ISSUE
City Council approval is needed to secure funding for office supplies purchased during the 2020-2021 and 2021-2022 Fiscal Years. Funds in the Staples Advantage account have been exhausted by the City at this time. Previous invoices from these fiscal years have not been paid and the Department of Recreation is requesting to secure funding to pay past due invoices for a total amount of $254.95.
SCOPE OF WORK
The City of Compton’s Recreation Department is requesting Staples Advantage provide the necessary office supplies needed to continue operations and support of the Recreation Department.
FISCAL IMPACT
The total cost for fiscal years 2020-2021 and 2021-2022 is $254.95. The funds for these expenditures are available in the Recreation Department’s 2023-2024 fiscal year budget and will be available in Account Number 1001-840-000-4210.
9. Staff Report – Payment -Staples Advantage
April 2, 2024, Page 2
RECOMMENDATION
Staff recommends the City Council adopt the attached Resolution establishing and authorizing the City Manager to open a Purchase Order to pay past due invoices from Staples Advantage.
WILLIE A HOPKINS JR.
CITY MANAGER
RESOLUTION NO. ___________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON
AUTHORIZING THE CITY MANAGER TO OPEN A PURCHASE ORDER
WITH STAPLES ADVANTAGE TO PAY INVOICES FOR OFFICE
SUPPLIES FROM THE 2020-2021 AND 2021-2022 FISCAL YEARS IN THE AMOUNT OF $254.95
WHEREAS, the City of Compton’s residents, community centers, golf course, and swimming pools are supported by the administrative operations completed by the Recreation Department staff; and
WHEREAS, the Recreation Department staff utilizes Staples Advantage to procure the supplies needed to maintain City operations; and WHEREAS, funds in the Staples Advantage account have been exhausted by the City at this time; and
WHEREAS, invoices from Fiscal Years 2020-2021 and 2021-2022 have recently been received and remain unpaid; and
WHEREAS, payment is needed on the outstanding invoices totaling $254.95.
Funds are available in Account Number 1001-840-000-4210 for the outstanding invoices from Staples Advantage.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COMPTON DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. That the City Manager, is hereby authorized, on the advice and approval of the City Attorney, to open a Purchase Order for $254.95 for payment of outstanding invoices with Staples Advantage to be drawn from Account Number 1001- 840-000-4210.
Section 2. That funds are available in the 2023-2024 Adopted Fiscal Year Budget in Account Number 1001-840-000-4210, for outstanding office supplies invoices.
Section 3. That a copy of this Resolution shall be filed in the offices of the City Clerk, City Attorney, City Manager, Public Works Street Maintenance, Recreation and the City Controller.
Section 4. 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 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
April 2, 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 PROFESSIONAL SERVICES AGREEMENT
($15,000), AND ESTABLISH A PURCHASE ORDER FOR EADIE
AND PAYNE, LLP FOR TAX CONSULTATION SERVICES
($5,000).
SUMMARY
Adoption of the Resolution will authorize the City Manager to enter into a 3yr. agreement between the City of Compton and Eadie and Payne LLP for Tax Consultation services ($15,000), and establish a Purchase Order in the amount of Five Thousand Dollars ($5,000).
BACKGROUND
A Certified Public Accountant (CPA) is needed to provide professional assistance to City staff with tax related advice pertaining to Payroll Tax Returns and providing a detail assessment of any potential risks or liabilities.
STATEMENT OF THE ISSUE
In December 2023, City staff released a Request for Qualifications (RFQ) for a Certified Public Accountant to provide Tax Consultation services. Publications of the RFQ included the Compton Bulletin, the City’s website, and the California Society of Municipal Finance Officers (CSMFO).
In accordance to the RFQ, the chosen candidate would provide the following services to the City:
Assistance with representation, communication, preparation and compilation of documents requested in relation to any IRS Audit, or any tax related advice
Provide assessment and review of current payroll tax returns for unaddressed risks or liabilities
Provide Recommendations for addressing risks related to the City’s tax position
10. Staff Report – Resolution Authorizing Agreement
Eadie & Payne LLP / Tax Consultation Services
April 02, 2024 Page 2
Provide review and recommendations of the City’s payroll tax returns and return set up programs and templates, when needed
Consultant will keep fully informed of all federal, state, and local laws and ordinances and regulations, and will be responsible for assisting the City to be compliant with the applicable laws, ordinances and regulations Consultant will maintain complete and accurate records with respect to costs. All records will be clearly identifiable.
Consultant will provide records and other needed documents to the City to examine, audit, and make transcripts or copies
The City received one response to the RFQ, which was from Eadie and Payne LLP. Although Eadie and Payne LLP is the sole respondent to the RFQ, staff is confident in the quality of services that Eadie and Payne will provide. Currently, Eadie and Payne LLP is the existing Certified Public Accounting Firm conducting the Financial Statement and Single Audit of the City. Presently, the firm is making every effort to help the City to resolve the State Controller and State Auditor findings. The firm is familiar with the City’s current financial and internal control position and has played a significant role in building the City’s existing relationship with the State Controller’s Office. Further, the firm’s staff have worked directly with City’s staff to develop a very detailed Single Audit corrective action plan and their participation in monitoring the progress is also invaluable.
To provide Tax Consultation services, Eadie and Payne LLP has provided the following cost breakdown:
• Partners $375.00 per hour
• Managers $275.00 per hour
• Supervisory $185.00 per hour
• Staff $140.00 per hour
City staff estimates the cost for Tax Consultation for the 3yr. term of the agreement to be Fifteen Thousand Dollars ($15,000). Staff is requesting authorization be given to enter into a 3yr. professional agreement with Eadie and Payne LLP for Tax Consultation Services ($15,000).
Additionally, a Purchase Order is being requested to be opened in the amount of Five Thousand Dollars ($5,000) for the first year of services provided by Eadie and Payne LLP from account number 1001-650-000-4262, General Fund, City Controller Department, Other Professional Services Expense Account.
FISCAL IMPACT
The estimated amount for this service is Fifteen Thousand Dollars ($15,000) over the three (3) year term of this agreement with Eadie & Payne, LLP to Staff Report – Resolution Authorizing Agreement
Eadie & Payne LLP / Tax Consultation Services
April 02, 2024 Page 3
provide Tax
Consultation services. Staff estimates the cost of Five Thousand Dollars ($5,000) during the first year of services during this agreement. Therefore, this amount is being requested for the Purchase Order at this time.
Funds for this expenditure are available within Account No.1001-650-000- 4262 in the Fiscal Year 2023-2024 City Controller’s Budget:
Account Code Account Name Amount
1001-650-000-4262 General Fund $5,000
Other Professional Services
Funds will be allocated and a Purchase Order generated for the services provided under the Eadie and Payne LLP Agreement in future approved City budgets.
RECOMMENDATION
Staff recommends that the City Council adopt the attached Resolution.
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 MULTI-YEAR PROFESSIONAL SERVICES AGREEMENT ($15,000), AND ESTABLISH A
PURCHASE ORDER FOR EADIE AND PAYNE, LLP FOR TAX
CONSULTATION SERVICES ($5,000).
WHEREAS, a Certified Public Accountant (CPA) is needed to provide professional assistance to City staff with tax related advice pertaining to Payroll Tax Returns and providing a detail assessment of any potential risks or liabilities; and WHEREAS, in December 2023, City staff released a Request for Qualifications (RFQ) from Certified Public Accountant to provide Tax Consultation services.
Publications of the RFQ included the Compton Bulletin, the City’s website, and the California Society of Municipal Finance Officers (CSMFO); and WHEREAS, in accordance to the RFQ, the chosen candidate would provide the following services to the City:
Assistance with representation, communication, preparation and compilation of documents requested in relation to any IRS Audit, or any tax related advice Provide assessment and review of current payroll tax returns for unaddressed risks or liabilities
Provide Recommendations for addressing risks related to the City’s tax position Provide review and recommendations of the City’s payroll tax returns and return set up programs and templates, when needed
Consultant will keep fully informed of all federal, state, and local laws and ordinances and regulations, and will be responsible for assisting the City to be compliant with the applicable laws, ordinances and regulations Consultant will maintain complete and accurate records with respect to costs.
All records will be clearly identifiable.
Consultant will provide records and other needed documents to the City to examine, audit, and make transcripts or copies
WHEREAS, the City received one response to the RFQ, which was from Eadie and Payne LLP; and
WHEREAS, although Eadie and Payne LLP is the sole respondent to the RFQ, staff is confident in the quality of services that Eadie and Payne will provide. Currently, Eadie and Payne LLP is the existing Certified Public Accounting Firm conducting the Financial Statement and Single Audit of the City. Presently, the firm is making every effort to help the City to resolve the State Controller and State Auditor findings. The firm is familiar with the City’s current financial and internal control position and has played a significant role in building the City’s existing relationship with the State Controller’s Office.
Further, the firm’s staff have worked directly with City’s staff to develop a very detailed Single Audit corrective action plan and their participation in monitoring the progress is also invaluable; and
WHEREAS, to provide Tax Consultation services, Eadie and Payne LLP has provided the following cost breakdown:
• Partners $375.00 per hour
• Managers $275.00 per hour
• Supervisory $185.00 per hour
• Staff $140.00 per hour
Resolution No. _______