Compton City Council
April 9, 2024

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
04/09/2024
5:30 PM

OPENING

MOMENT OF SILENCE

PLEDGE OF ALLEGIANCE

ROLL CALL

PUBLIC COMMENTS ON AGENDA ITEMS AND NON-AGENDA MATTERS

REGULAR AGENDA

CITY MANAGER'S REPORT

1. A REQUEST TO SCHEDULE A PUBLIC HEARING – TO RESCIND AND RATIFY RESOULTION NUMBER 25,337 THE 2020-2021 ANNUAL ACTION PLAN, 2020- 2024 CONSOLIDATED PLAN, AND SUBMITTING A SUBSTANTIAL

AMENDMENT TO THE CDBG-CV FUNDING PLAN TO THE UNITED STATES

DEPARTMENT OF HOUSING AND URBAN DEVELOPEMENT FOR TUESDAY, MAY 7, 2024 @ 5:35PM
-2- City Council Agenda 4/9/2024
5:30 PM

NEW BUSINESS

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

APPROVING A MEMORANDUM OF AGREEMENT (MOA) BETWEEN THE CITY

OF COMPTON AND THE AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES (AFSCME) LOCAL 3947, FOR FISCAL YEARS 2019- 2024

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

APPROVING A MEMORANDUM OF AGREEMENT (MOA) BETWEEN THE CITY

OF COMPTON AND THE COMPTON MANAGEMENT EMPLOYEES
ASSOCIATION, CMEA/AFSCME, LOCAL 2325, AFL-CIO, COUNCIL 36, FOR FISCAL YEARS 2019-2024

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

APPROVING AN AMENDMENT TO THE SALARY PLAN FOR UNREPRESENTED EMPLOYEES OF THE CITY OF COMPTON, FOR FISCAL YEARS 2019-2024.

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

AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT AND

ESTABLISH A PURCHASE ORDER WITH IMPACT OVERHEAD DOOR SERVICE

FOR ENTRY GATE REPAIR SERVICES AT KEY WATER FACILITIES IN AN AMOUNT NOT TO EXCEED TWENTY-NINE THOUSAND DOLLARS ($29,000)

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

AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH AND ESTABLISH A PURCHASE ORDER FOR ZORRO LANDSCAPE INC. FOR LANDSCAPE MAINTENANCE SERVICES FOR TWO (2) MUNICIPAL WATER DEPARTMENT WATER STORAGE TANK SITES: 18604 WILMINGTON AVENUE AND 1300 EL SEGUNDO BLVD. IN THE AMOUNT OF SIXTEEN HUNDRED

DOLLARS PER MONTH AND NINETEEN THOUSAND TWO HUNDRED
DOLLARS ANNUALLY ($19,200)

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

AUTHORIZING THE CITY MANAGER TO ESTABLISH A PURCHASE ORDER WITH O'REILLY AUTOMOTIVE STORES, INC. FOR THE ACQUISITION OF

AUTO REPAIR PARTS AND VEHICLE MAINTENANCE MATERIALS IN AN AMOUNT NOT TO EXCEED ELEVEN THOUSAND DOLLARS ($11,000)

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

AUTHORIZING THE CITY MANAGER TO ESTABLISH A PURCHASE ORDER

WITH LONG BEACH, LLC (BP FORD OF LONG BEACH) FOR REPAIR AND

MAINTENANCE OF FORD MOTOR COMPANY MANUFACTURED FLEET
AUTOMOBILES AND EQUIPMENT IN AN AMOUNT NOT TO EXCEED TWENTYFIVE THOUSAND DOLLARS ($25,000) -3- City Council Agenda 4/9/2024
5:30 PM

9. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AMENDING THE GENERAL SERVICES DEPARTMENT 2023-2024 FISCAL YEAR BUDGET TO APPROPRIATE $7,485.00 FROM THE INSURANCE

RECOVERY FUND AND ISSUE A PURCHASE ORDER TO MAVEN ROOFING COMPANY ($7,485.00)

10. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON APPROVING A BUDGET AMENDMENT TO THE FISCAL YEAR 2023-2024

PUBLIC WORKS STREET MAINTENANCE DEPARTMENT BUDGET AND

AUTHORIZING THE CITY MANAGER TO ESTABLISH A PURCHASE ORDER

WITH SHERWIN WILLIAMS FOR THE PURCHASE OF PAINT FOR THE

CITYWIDE ANTI-GRAFFITI PROGRAM IN AN AMOUNT NOT TO EXCEED FORTY THOUSAND DOLLARS ($40,000)

COUNCIL COMMENTS

ADJOURNMENT
NEXT REGULAR MEETING: 4/16/2024 5:30PM
Visit our website at http://www.comptoncity.org
April 9, 2024
TO: MAYOR AND COUNCIL MEMBERS
FROM: TURMEL WOODS, GRANTS COMPLIANCE MANAGER
SUBJECT: A REQUEST TO SCHEDULE A PUBLIC HEARING – TO RESCIND AND RATIFY RESOULTION NUMBER 25,337 THE 2020-2021 ANNUAL
ACTION PLAN, 2020-2024 CONSOLIDATED PLAN, AND SUBMITTING

A SUBSTANTIAL AMENDMENT TO THE CDBG-CV FUNDING PLAN TO

THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN

DEVELOPEMENT

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

Staff recommends that Council schedule a public hearing on this matter for Tuesday, May 7, 2024 at 5:35 p.m.

TURMEL WOODS

GRANTS COMPLIANCE MANAGER
Willie A. Hopkins Jr.

CITY MANAGER

1. April 9, 2024
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: CITY MANAGER
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON

APPROVING A MEMORANDUM OF AGREEMENT (MOA) BETWEEN

THE CITY OF COMPTON AND THE AMERICAN FEDERATION OF

STATE, COUNTY AND MUNICIPAL EMPLOYEES (AFSCME) LOCAL
3947, FOR FISCAL YEARS 2019-2024

SUMMARY
The City Council will consider this Resolution adopting a five-year employment contract (Memorandum of Agreement) MOA between the City of Compton and the American Federation of State, County and Municipal Employees (AFSCME) Local 3947 NonSupervisory Union.

BACKGROUND
The City of Compton has four (4) union locals representing most miscellaneous (nonsworn) employees. The proposed Memorandum of Agreement (MOA) are for the American Federation of State, County and Municipal Employees (AFSCME) Local 3947 Non-Supervisory employees in the City of Compton.

The previous union agreement between the City and AFSCME, Local 3947 expired on June 30, 2019. The AFSCME, Local 3947 and the City of Compton came to a Tentative Agreement modifying the terms of the MOA for a period of five years.

STATEMENT OF THE ISSUE
Over the past months, the City negotiated with American Federation of State, County and Municipal Employees (AFSCME) Local 3947 Non-Supervisory regarding salary and benefits, and have reached an agreement. AFSCME, Local 3947 has met with its members and voted to approve the terms of contract agreed to during negotiations. The proposed ratified MOA must now be approved by the City Council, at which point the MOA can be executed and implemented.

FISCAL IMPACT
The on-schedule fiscal impact of the 7.5% base pay increase for AFSCME Local 3947, Non-Supervisory for fiscal year 2022-2023 is as follows:

Salary Adjustment $416,499.00
Overtime Adjustment $10,288.87

2. Staff Report – AFSCME 3947 MOA (Fiscal Year 2019-2024) April 9, 2024, Page 2
Payroll Taxes $21,658.00
Retirement $46,690.00
PERS Pickup $29,155.00
TOTAL $524,290.00
The off-schedule fiscal impact of the 1.5% payment for the American Federation of State, County and Municipal Employees (AFSCME) Local 3947 Non-Supervisory employees for fiscal year 2023-2024 is as follows:

Wage Payment $83,299.00
Payroll Taxes $4,332.00
TOTAL $87,631.00
The total fiscal year 2022-2023 impact for the American Federation of State, County and Municipal Employees (AFSCME) Local 3947 Non-Supervisory employees is $611,921.87.

The on-schedule fiscal impact of the 2.0% base pay increase for AFSCME Local 3947, Non-Supervisory for fiscal year 2023-2024 is as follows:

Salary Adjustment $564,721.00
Overtime Adjustment $3,612.58
Payroll Taxes $29,365.48
Retirement $71,154.82
PERS Pickup $43,765.86
TOTAL $712,619.54
The total fiscal year 2023-2024 impact for the American Federation of State, County and Municipal Employees (AFSCME) Local 3947 Non-Supervisory employees is $712,619.54.

As a result of these contract increases, across all contracts being presented, budgetary appropriations are being exceeded by what is currently budgeted by approximately $1.5 million. A budget amendment will be brought forward prior to year-end to appropriate the additional funding necessary for Council approval.

RECOMMENDATION
Staff recommends approval of the attached Resolution adopting the MOA American Federation of State, County and Municipal Employees (AFSCME) Local 3947 NonSupervisory Union.

Staff Report – AFSCME 3947 MOA (Fiscal Year 2019-2024)
April 9, 2024, Page 2
DONALD J. GRADY

HUMAN RESOURCES DIRECTOR
APPROVED FOR FORWARDING:

WILLIE A. HOPKINS JR.

CITY MANAGER
43772235.1

MEMORANDUM OF AGREEMENT

CITY OF COMPTON, A MUNICIPAL

CORPORATION
AND

AMERICAN FEDERATION OF STATE,

COUNTY AND MUNICIPAL EMPLOYEES
(AFSCME) LOCAL 3947
JULY 1, 2019
TO
JUNE 30, 2024
CITY OF COMPTON-AFSCME 3947 MOA, July 1, 2019 – June 30, 2024 1 43772235.1
Article 1 RECOGNITION ......................................................................................................3 Article 2 SCOPE OF REPRESENTATION ...........................................................................3 Article 3 PAYROLL DEDUCTIONS.....................................................................................3 Article 4 NONDISCRIMINATION........................................................................................4 Article 5 BULLETIN BOARDS.............................................................................................4 Article 6 CONTRACT DISTRIBUTION...............................................................................4 Article 7 SICK LEAVE/SEVERANCE POLICY ..................................................................5 Article 8 HEALTH/WELFARE BENEFITS..........................................................................6 Article 9 OVERTIME.............................................................................................................8 Article 10 EDUCATION REIMBURSEMENT.......................................................................8 Article 11 GRIEVANCE PROCEDURE................................................................................10 Article 12 ARBITRATION ....................................................................................................11 Article 13 LAYOFF AND RETRENCHMENT PROCEDURES..........................................12 Article 14 LIMITED DUTY ASSIGNMENT ........................................................................16 Article 15 ACCESS TO WORK STATION...........................................................................16 Article 16 UNION BUSINESS...............................................................................................17 Article 17 STEWARDS..........................................................................................................17 Article 18 REASONABLE NOTICE .....................................................................................18 Article 19 WAGES/BASEPAY..............................................................................................18 Article 20 EMPLOYER RIGHTS...........................................................................................25 Article 21 SEPARABILITY PROVISION.............................................................................26 Article 22 STRIKE PROHIBITION.......................................................................................26 Article 23 QUARTERLY MEETINGS ..................................................................................27 Article 24 SAFETY AGREED REVISIONS .........................................................................27 CITY OF COMPTON-AFSCME 3947 MOA, July 1, 2019 – June 30, 2024 2 43772235.1
Article 25 UNPAID LEAVES OF ABSENCE.......................................................................28 Article 26 HEATH INSURANCE CONTINUATION WHILE ON LEAVE DUE TO UNDISPUTED/DISPUTED WORK-RELATED INJURY/ILLNESS.............................28 Article 27 BILINGUAL ASSIGNMENT...............................................................................28 Article 28 HOLIDAYS ...........................................................................................................29 Article 29 PERSONAL LEAVE.............................................................................................30 Article 30 BEREAVEMENT LEAVE....................................................................................30 Article 31 VACATION...........................................................................................................31 Article 32 EMPLOYMENT OPPORTUNITIES....................................................................31 Article 33 MOVE-UP ASSIGNMENT...................................................................................32 Article 34 Membership List/New Employee Orientation .......................................................32 Article 35 ZIPPER CLAUSE NO CHANGE ......................................................................33 Article 36 CONTRACTING AND SUBCONTRACTING....................................................33 Article 37 UNIFORM ALLOWANCE...................................................................................33 Article 38 RETIREMENT ......................................................................................................34 Article 39 DURATION OF AGREEMENT...........................................................................35 Article 40 PURGING OF FILES............................................................................................35 Article 41 REDUCED WORK SCHEDULE IN LIEU OF UNPAID LEAVE......................35 CITY OF COMPTON-AFSCME 3947 MOA, July 1, 2019 – June 30, 2024 3 43772235.1

PREAMBLE
This Agreement is entered into by and between the City of Compton, California, hereinafter referred to as the EMPLOYER, and American Federation of State, County and Municipal Employees (AFSCME) Local 3947, hereinafter referred to as the UNION, pursuant to the terms of Council Resolution of the City of Compton, and has been executed by the City Manager, on behalf of the management officials of the City of Compton. It is, however, the mutual understanding of all parties hereto, that such Agreement is of no force or effect whatsoever unless or until ratified and approved by resolution duly adopted by the City Council of the City of Compton. All references to employees in this Agreement designate both sexes, and wherever the male gender is used, it shall be construed to include both male and female employees.

ARTICLE 1 RECOGNITION
American Federation of State, County and Municipal Employees (AFSCME) Local 3947, AFL-CIO is hereby acknowledged by the City of Compton as the recognized employee organization representing the employment classifications within the Unit as may be established by the City. The Unit, as presently established, consists of the classifications identified in Article 18.

ARTICLE 2 SCOPE OF REPRESENTATION
The scope of representation shall include all matters relating to employment conditions and employer-employee relations, including, but not limited to, wages, hours and other terms and conditions of employment, except, however, that the scope of representation shall not include consideration of the merits, necessity or organization of any service or activity provided by law or executive order.

ARTICLE 3 PAYROLL DEDUCTIONS
It is mutually agreed that the City will deduct dues and assessments twice each month, and other monies, provided there is not more than one deduction per pay period, in an amount certified to be current and correct by the Union, from the pay of those employees the Union also certifies have individually requested in writing that such deductions be made. The total amount of all such deductions shall be remitted by the City to the Union.

The Union also agrees to maintain the individual employees’ current written authorization forms to make such deductions. This process for making payroll dues CITY OF COMPTON-AFSCME 3947 MOA, July 1, 2019 – June 30, 2024 4 43772235.1
deductions authorization shall remain in full force and effect during the term of this Agreement, as specified in Council Resolution [insert #].

The City shall not be responsible for failure to terminate a dues deduction absent advance written notice of such revocation by the Union. The Union will be responsible for refunding any deductions to non-member employees whom the City has already remitted to the Union after such cancellation or revocation. AFSCME Local 3947 agrees to indemnify and hold the City harmless against any and all claims, suits, orders or judgments brought or issued against the City as a result of dues deductions or transmittal of such funds to AFSCME Local 3947, including claims for deductions made in reliance on the Union’s representations and certifications regarding valid written employee dues deduction authorizations.

ARTICLE 4 NONDISCRIMINATION
The parties mutually reaffirm their respective policies of nondiscrimination in the treatment of any employees because of race, religious opinions or affiliations, creed, color, sex, age, physical handicap, national origin, ancestry, political affiliation, or union activities as defined by applicable sections of California Government Code (1v.MBA).

The parties mutually reaffirm their respective policies of nondiscrimination in the treatment of any employees because of race, religious opinions or affiliations, creed, color, sex, sexual orientation, age, physical handicap, national origin, ancestry, political affiliation, or on any basis or classification protected by law, or union activities as defined by applicable sections of the Meyers-Milias-Brown Act (California Government Code section 3500, et seq.).

ARTICLE 5 BULLETIN BOARDS
The City agrees to furnish and maintain space for suitable bulletin boards in convenient places to be used by the Union. The Union shall limit its posting of notices and bulletins to such areas.

ARTICLE 6 CONTRACT DISTRIBUTION
The City agrees to post the newly adopted Agreement on the City website. The City shall also provide to newly hired employees in this unit a copy of the current MOA, welcome CITY OF COMPTON-AFSCME 3947 MOA, July 1, 2019 – June 30, 2024 5 43772235.1
letter from the Union and Union membership card during the onboarding process contingent upon being provided this information in advance by the Union.

ARTICLE 7 SICK LEAVE/SEVERANCE POLICY
Upon separation from service due to termination for any reason other than disciplinary causes, eligible employees shall be entitled to receive as severance pay (calculated at the final level of compensation) a portion of sick leave bank credits representing accumulated and unused sick leave accrual in accordance with the following schedule:

Severance Pay Proportion of Sick Leave Bank
Length of Service Up to 800 hrs. Over 800 hrs.
1 through 4 years 10% 0%
5 through 9 years 25% 0%
10 through 14 years 50% 25%
15 through 19 years 75% 50%
20 through 24 years 100% 75%
25 years or more 100% 100%
Article I. After payment of the severance amount calculated as prescribed above, all accumulated sick leave shall be permanently lost and no other payments shall be made to any other employee in lieu thereof.

Article II. Severance pay will be granted only one time during the lifetime of any one employee unless in such case re-employment occurs.

The total severance pay to which each employee may be entitled, based upon this Article, shall be actually paid in installments on each regular City pay day in an amount not in CITY OF COMPTON-AFSCME 3947 MOA, July 1, 2019 – June 30, 2024 6 43772235.1
excess of the compensation to which the employee would have been entitled if still employed, until the entire severance pay entitlement has been exhausted.

ARTICLE 8 HEALTH/WELFARE BENEFITS
A. Medical Insurance Coverage
For the term of this Agreement, the City shall pay an amount up to the Los Angeles Region Kaiser Family Rate, based on the current City Council resolution, for each Unit member.

The City's actual contribution for each UP.it member shall be based upon the Unit member's enrollment in a plan provided through the City's contract with Public Employees' Retirement System (PERS) and status as:
1) employee only
2) employee and one dependent
3) employee and 2 or more dependents
The City shall continue to contribute the cost of medical insurance coverage to any Unit member who at the time of ratification of this Memorandum of Agreement (MOA) who currently resides outside of Los Angeles County in the amount designated by PERS as "Other Southern California Region" HMO Health Plan for Employee +2 or more dependents. It is understood and agreed that this City contribution shall not be expanded by Unit members who relocate outside of Los Angeles County after ratification of this MOA, nor shall this contribution apply to Unit members hired after the date of ratification of this MOA.

At the City's request, Unit members shall submit verifiable proof of dependency for anyone they seek to cover. Acceptable proof includes, but not limited to: Driver license, last IRS Form 1040, and certificate of birth. This shall apply to all unit members who are currently enrolled, as well as to new hires.

B. Dental Insurance
CITY OF COMPTON-AFSCME 3947 MOA, July 1, 2019 – June 30, 2024 7 43772235.1
For the term of this Agreement, the City shall provide the City-Wide pre-paid dental plan or an equivalent plan selected by the City. Dental coverage is available for employees and eligible dependents at no cost to unit members.

C. State Disability Insurance
The City agrees to provide State Disability Insurance (SDI) at no cost to unit members.

D. Life Insurance
The City shall provide life insurance for unit members in the amount of $45,000.

E. Vision Insurance
The City shall provide a City-wide vision plan. Vision coverage is available for employees and eligible dependents at no cost to unit members.

F. Administration of Fringe Benefits
The City reserves the right to select, change, administer or fund any fringe benefits program involving insurance that now exists or may exist in the future during the tern.1 of this Agreement. In the administration of fringe benefits programs involving insurance, the City shall have the right to select insurance carrier or other method of providing coverage to fund insurance benefits described herein during the term of this agreement.

The City shall meet and confer with the Union prior to any change of insurance carrier or method of funding coverage for any fringe benefits duri.ng the term of this Agreement.

No change in insurance carrier or methods of funding coverage shall result in the reduction of benefits to any employee covered by this Agreement, unless agreed to by both parties.

G. Parity
If any other employee organization that the City has formally recognized pursuant to Resolution No. 10,471 negotiates an increase in the health insurance benefits described in this Article for another City bargaining unit, the City will provide the increased benefit to Unit members on the same terms and conditions that apply to the other unit.

CITY OF COMPTON-AFSCME 3947 MOA, July 1, 2019 – June 30, 2024 8 43772235.1
ARTICLE 9 OVERTIME
Whenever an employee is required by the City to work on a recognized holiday, the City agrees to compensate holiday pay at two-and-one-half times t.1-ie employee's regular hourly rate for all hours worked on the specified holiday, provided that the employee is not absent, or on sick leave within 48 hours after such time worked.

If an employee uses sick leave within 48 hours, a doctor's verification shall be necessary' to qualify for the holiday premium. If the employee does not provide verification of sickness, he or she will be paid at double the employee's regular hourly rate for all hours worked on the specified holiday.

Members of this unit will receive cash payment at the rate of one-and-one-half times the employee's regular rate for all hours in paid status over forty (40) hours per week, or at the employee's discretion by compensatory time off (up to a maximum of 100 hours).

Employees who have accumulated comp time in excess of 100 hours as of the ratification of this agreement will not be allowed to accumulate any comp time until reduced below 100 hours. A week shall be defined as beginning at 12:01 a.m. Sunday and ending at 12:00 midnight on the following Saturday. Given reasonable notice, employees of this unit shall perform overtime work as requested by the department manager. Request for the use of compensatory time accrued under previous agreements must be submitted in writing in advance of intended use and will be granted upon mutual agreement between the employee and the supervisor.

ARTICLE 10 EDUCATION REIMBURSEMENT
The City will agree to reimburse employees for tuition and books, up to a maximum of $3,000.00 per fiscal year, provided the employees enrolled in educational institutions comply with the provisions listed herein. In no case shall employees receive reimbursement above actual costs on any expenditure, nor will Veterans be eligible to participate while receiving financial remuneration through the GI Bill.

A. Payment

1. Employees enrolling in courses eligible for tuition reimbursement may be required to apply for funds for said purpose from alternate sources, available.

Such sources may include, but are not limited to, State and Federal governments, inclusive of scholarship monies and Veteran's benefits programs.

2. Reimbursement shall cease whenever an employee is promoted to a position with the City where the educational courses the employee is enrolled in, or plans CITY OF COMPTON-AFSCME 3947 MOA, July 1, 2019 – June 30, 2024 9 43772235.1
to enroll in, serve to obtain the educational level that is an established prerequisite for the position.
3 Whenever an employee is required by the City to enroll in a course in order to obtain the requisite skills which have been determined to be necessary in order to effectively function in the job, he/she shall be fully reimbursed by the City for the rest of the course, but the employee shall not be paid for the time to take the course and any studying or preparation.

B. To receive reimbursement for enrolling in courses eligible for reimbursement under this article, an employee shall ensure the course is:

1. Be reviewed and approved by the employing department and the Human Resources Department prior to enrollment in the course in response to a timely “After Hours Education” application, as described below

2. Be initiated and completed while in the employ of the City of Compton.

3. Be completed at the minimum letter grade of "C" or with a "pass"' if enrolled on a pass/fail basis.

Reimbursement shall be made only for course work, which is completed at accredited high schools, junior colleges, colleges or universities, trade schools, or through other institutions approved by the Human Resources Department.

Approval of an application for reimbursement is contingent upon availability of funds and the employee's successful completion of the course as specified in these provisions.

C. Procedure for Applying for and Obtaining Reimbursement for Participating in Eligible Courses

1. The employee should make every effort to obtain an "After Hours Education" application at least one month prior to enrolling in classes. Employee requests are to be placed on an eligibility list for this program. The employee submits the application to the department manager.

2. The department notes whether the course is job related or promotion related; then approves or disapproves the application and forwards such to the Human Resources Department.

3. The Human Resources Department examines the application noting the department manager's recommendation and secures a cost estimation of the course.

CITY OF COMPTON-AFSCME 3947 MOA, July 1, 2019 – June 30, 2024 10 43772235.1

4. If the application is disapproved, notice is sent to the employee, stating the reasons for disapproval. If approved, the Human Resources Department briefs the employee on the reimbursement procedure. The employee submits receipts for tuition, books, and application/enrollment fees to the Human Resources Department within three weeks after beginning classes.

5. The Human Resources Department records and returns the receipts to the employee.

6. Upon successful completion of the course, the employee submits to the Human Resources Department a transcript of the course grade (or completion certificates).

7. The Human Resources Department records and returns the grade (or certificate of completion) to the employee and submits a request for warrant to cover the expenses allowed by the policy statements.

8. The Human Resources Department sends a congratulatory letter to the employees for successful completion of the course.

9. A record of the courses completed and grades attained are prepared. One copy is placed in the employee's personnel file, and a copy is forwarded to the department manager.

ARTICLE 11 GRIEVANCE PROCEDURE
A. This grievance procedure establishes a means by which an employee's grievance may be considered, discussed and resolved in timely manner, and at the closest possible level to the point of origin.

B. A "grievance" shall be defined as a dispute or a disagreement raised by an employee against the employer involving the interpretation or application of the specific provisions of this Agreement. It is specifically understood that any matters governed by Civil Service rules or statutory provisions shall not be considered grievances and subject to the grievance procedure hereinafter set forth. Nor shall any disciplinary actions which may be appealed to the Civil Service Board be considered grievances and subject to the grievance procedure herein. Grievance as herein defined shall be processed as outlined in Section 10.1 C-D of the Personnel Rules and Regulations.

C. Severe Discipline Determination and Appeal Procedures CITY OF COMPTON-AFSCME 3947 MOA, July 1, 2019 – June 30, 2024 11 43772235.1
The procedures for handling severe discipline and appeal shall be that outlined in Section 10.2 of the Personnel Rules and Regulations. However, Employer and Union agree that prior to the effectuation of the appeal procedures set forth in Section 10.2 B(2), members of the Union shall first submit appeal to arbitrator. The decision of the arbitrator shall be advisory to the City Manager. If the member is not satisfied with the advised determination made by the City Manager, the member may proceed with the appeal as set forth in Section 10.2 B(2).

ARTICLE 12 ARBITRATION
Grievances which are not settled pursuant to the established procedures above, and where all other informal, internal means of settlement have been exhausted unsuccessfully, and which either party desire to contest further, shall be submitted to arbitration as provided below.

A. The matter will go to arbitration if either party files with the other in writing, a demand for such further proceedings within 15 calendar days after the decision provided for by Step 3 of the G1ievance Procedure. As soon as possible, and in any event not later than ten (10) days after either party received written notice from the other of the desire to arbitrate, the pa1iies shall agree upon an arbitrator. If no agreement is reached within said ten (10) days, an arbitrator shall be selected from a list of seven (7) arbitrators submitted by the State Mediation and Conciliation Service by alternate striking of names until one name remains. Lot shall determine the party who strikes the first name from the panel.

B. The arbitrator shall have no power to amend, change, add to or subtract from any of the terms of this Agreement. The decision of the arbitrator shall be based solely upon the evidence and arguments presented to him by the respective parties in the presence of each other.

C. The award of the arbitrator shall be binding for all grievances as defined by this Agreement. Grievances resulting from suspensions, dismissals, and demotion, may be submitted to advisory arbitration, and the decision and award is advisory to the City Manager and City Council.

D. The arbitrator may hear and determine only one grievance at a time without the expressed agreement of the City and the grievant's representative.

E. Parties shall share equally the expense of the cost arbitration, with the exception of their own Council's fees and witness service. Also, any copies of transcripts of the CITY OF COMPTON-AFSCME 3947 MOA, July 1, 2019 – June 30, 2024 12 43772235.1
proceedings other than that provided to the arbitrator, shall be paid solely by the requesting party.

ARTICLE 13 LAYOFF AND RETRENCHMENT PROCEDURES
A. General Statement
Any employee in the Classified Service may be laid off for lack of funds through action of the City Council, as set forth in Section 1107 of the City Charter Article XL Section 1107
Abolition of Position. Layoffs
Whenever it becomes necessary, in the opinion of the City Council, to abolish a position, or to reduce the number of employees in a given class, in the Classified Service, the City Council may do so, by stating in its proceedings its reasons thereof Should such position, or positions be renewed or any position or positions involving substantially the same duties be created or filled within one year, the employee or employees discharged shall be entitled to be appointed thereto. All layoffs occasioned by the abolishment of a position or the reduction in number of employees in a given class shall be governed by seniority in service and shall be in the reverse order of employment. Reemployment shall be in the reverse order of the layoffs.

Interpretation
B. Service Seniority is interpreted and defined as length of continuous service m the respective classification or in a promotional classification within the same occupational family group.

C. Order of Separation Seniority in classification shall govern the order of layoff so that positions remaining which are not abolished or are to be staffed after layoff will be occupied by employees with greatest length of continuous service in the classification.

1. In cases where temporary employees are holding the same classification or performing similar duties as permanent Classified employees laid off, all temporary persons within the same classification and department/division are affected by the layoff and must be (a) transfe1Ted to a non-affected position or (b) laid off, or (c) placed in a classification that substantially differs in name and function.

CITY OF COMPTON-AFSCME 3947 MOA, July 1, 2019 – June 30, 2024 13 43772235.1

2. Whenever seniority in classification is equal, the following criteria shall be applied in the order below:
a. Service within that occupational group.
b. Total City service
c. Relative position on eligibility list
d. Drawing of lots
D. Voluntary Reduction in Lieu of Layoff Any Classified employee serving in a permanent or promotional probationary status who is scheduled to be laid off may not later than five working days after notice of layoff, request a reduction to a lower class, regardless if he or she has previously served in that position, so long as the class to which he or she reverts is within the same occupational or family group. When an employee reverts to a position where they have not previously served, a 90-day probationary period will be required. If the employee does not receive a satisfactory evaluation, he or she then reverts to the lower position within the group in which they have accrued seniority. Employees may revert to positions outside of the family group only when they have previously served in the respective position, and there is a vacancy, or there is an incumbent in such position who has less total service therein than the employee requesting the demotion in lieu of layoff. The employee displaced shall be considered as laid off for the same reason as the person who displaced him or her and shall employ the same procedures. The employee laid off shall be given written notice of layoff not less than 30 calendar days prior to the effective date of the layoff and shall be informed of his or her reinstatement status in writing. The employee laid off or displaced as a result of another employee's reversion to a lower classification shall receive written notice of layoff not less than 20 days prior to the effective date of such action.

The employee laid off as a result of a displaced employee's reversion to lower classification shall receive written notice of layoff not less than ten days prior to the effective date of the layoff.

The names of permanent employees who have been laid off due to reduction in force shall be placed on an appropriate layoff reinstatement list according to the date of separation and shall be based on: last employee laid off is the first employee on the list with other employees eligible in sequential order thereafter. The appointing officer shall use said list when a vacancy for that class is to be filled before certification.

CITY OF COMPTON-AFSCME 3947 MOA, July 1, 2019 – June 30, 2024 14 43772235.1
E. Order of Recall Employees in the Classified Service who have been laid off shall be placed on an appropriate layoff reinstatement list according to the date of separation and classification of position. Said list shall be used by the appointing officer when a vacancy exists for the class or position of former employment. Recall from layoff shall be in the reverse order of layoff within the class and in accordance with the reinstatement list compiled for such purposes.

F. Notice of Recall from layoff shall be by return-receipt requesting mail and shall specify the date for reporting to work, which shall not be more than two weeks from the date the notice is received. Notice shall be deemed to have been received when sent to the last known address on file with the City and delivery or attempted delivery is certified by the Postal Service. Notice of recall will also be forwarded to the respective employee organization. Employees to be laid off shall submit to the Human Resources Department their current address at the time of separation. Upon receiving notice, the person on layoff shall have five days to accept or decline the recall opportunity.

1. If an employee fails to respond in writing within five days of recall, the City will proceed to the next senior person on the reinstatement list and follow the same notice and response procedure. This process will continue through the list until recall needs are met, or the list is exhausted.

2. Any employee who refuses recall or fails to report on the prescribed date within the two-week maximum, thereby waives all remaining rights to recall and reinstatement as an employee.

G. Reinstatement/Restoration

1. No Accruals
During layoff status, no person shall be entitled to accrue any additional benefits, rights, privileges or obligations of employment, nor be entitled to any employer contributions for health, retirement or any other benefit plan, except as may be restored upon recall and reinstatement as herein set forth. Employees reinstated under the provisions of this Rule shall begin accruing benefits at the level they had attained prior to displacement.

2. Restoration of Benefits
Any employee who has been laid off and who is reinstated in a permanent position within one year from the date of layoff shall receive the following considerations and benefits:

CITY OF COMPTON-AFSCME 3947 MOA, July 1, 2019 – June 30, 2024 15 43772235.1
a. All sick leave credited to the employees' account for which the employee was not compensated when laid off shall be restored;
b. All seniority held at the time of layoff shall be restored; c. All prior active duty time shall be credited for the purpose of determining vacation accrual rates and service awards.
d. The probationary status of any employee who is interrupted by layoff must be completed upon reinstatement; however, a new probationary period of not less than 90 days will be required in all cases where the probation has been interrupted by layoff for a period of six months or more, as well as in situations where recall is to a different class or department from which displaced by layoff.

3. Resignation in Lieu of Recall
An employee who elects to resign in lieu of layoff or while laid off shall forfeit all rights to reinstatement and be entitled only to those rights related to severance from the service.

4. Assignment of Other Duties to Another
The duties performed by any employee laid off may be assigned to any other employee or employees handling positions in appropriate classes.

H. Separation After Recall Layoff for more than one year will terminate all reinstatement rights. The employee will be entitled to the same severance benefits and pay as are provided in the case of other separations or retirements.

I. Checkout Upon Layoff. Separation or Termination Any employee who is laid off, terminated or who separates from the service for any reason shall not receive his final paycheck until he or she has turned in all City owned equipment to his or her supervisor, including his or her City identification card, has cleared with his or her department head, the disposition of any clothing, tools, or other working materials, which have been provided to him or her by the City, and has completed all exit interviews a.11d forms which may be required by the City Manager. The employee who is separated from the service is entitled to receive, in lieu of any other severance payments other than the benefits of a vested retirement program, those accumulations of unused and accrued vacation and sick leave credits as are provided for in this Memorandum of Agreement. Employees may elect to withdraw all compensation due at the time of layoff or at their discretion, may request to be compensated on a weekly basis, not to exceed one year. If an employee elects to withdraw all compensation at the CITY OF COMPTON-AFSCME 3947 MOA, July 1, 2019 – June 30, 2024 16 43772235.1
time of layoff, he or she must request in writing, total and final severance pay from the City Controller at least ten days prior to the effective date of the layoff. Upon receipt of final severance pay for accumulated vacation and sick leave credit, all rights to such accumulated vacation and sick leave shall cease, and under no circumstances shall that accrued and accumulated credit nor any lump sum payment in lieu thereof, be counted as sick credit nor be deemed as compensation for purposes of computing service credit for retirement benefits under any retirement plan then in force and effect. Unless, however, after reinstatement an employee elects to restore time for which he or she was compensated by remitting to the City any monies he or she received.

J. Notice of Layoff
The City shall provide 30 days’ notice to the Union prior to it implementing any layoff decision involving members of this bargaining unit. Within the 30 day period, the Union may meet with the City.

Manager or designee to explore options other than layoffs or reduction in status of its Unit members. The City shall be under no obligation to implement the alternatives suggested by the Union. It is understood and agreed that any meeting scheduled by the City for the purpose of exploring options or otherwise shall not be considered a "Meet and Confer" session concerning the City's decision to implement layoffs.

ARTICLE 14 LIMITED DUTY ASSIGNMENT
Whenever an employee of this unit is released from performing specific duties due to injuries not associated with the job, such employee may work a limited duty assignment, provided such assignment is available, if substantiated by the reviewing physician that such limited assignment will not impair the health or welfare of the employee. Any employee not in agreement with the City's physician may have his case reviewed by a physician jointly selected by the City and the Union, and such decision will be binding. If the parties are unable to agree on a doctor, a physician shall be chosen from a list of seven furnished by the American Medical Association. Limited Duty assignments to employees with injuries shall be consistent with the provisions of the State of California Workers’ Compensation laws relative to such matters.

ARTICLE 15 ACCESS TO WORK STATION
The City agrees to grant official representatives of the Union the access and right to discuss grievances or problems arising under the terms of this Agreement with employees of this unit during working hours. It is agreed that there will be as little CITY OF COMPTON-AFSCME 3947 MOA, July 1, 2019 – June 30, 2024 17 43772235.1
interference as possible by the Union's business representatives, and they shall be permitted to conduct a reasonable amount of time toward Union business relative to grievances during working hours without loss of pay, if such time will not interfere with departmental operations and with approval from the employing department manager. The City agrees to permit the Union to use City facilities to conduct business meetings when such facilities are available and requested in a timely matter.

ARTICLE 16 UNION BUSINESS
Employees elected to union office shall be granted time off to perform Union functions, inclusive of conferences, conventions and seminars, without loss of pay, not to exceed one hundred sixty (160) hours per fiscal year for all such employees and functions. Up to four members of the negotiating team shall be granted time off for negotiations which shall be mutually set by the employer and the Union, and such employer employee meetings shall not be charged against Union business time.

ARTICLE 17 STEWARDS
It is agreed that AFSCME Local 3947 may select a reasonable amount of stewards to represent this Unit, but not to exceed one steward for every ten (10) members. The Union agrees to give to the City, a written list of employees who have been selected as stewards, and such list shall be kept current by AFSCME Local 3947.

After receiving City approval for release time, stewards may spend a reasonable amount of time to promptly and expeditiously investigate and process grievances they are assigned to without loss of pay or benefits of any kind.

Stewards shall be free from reprisal and shall not in any way be coerced, intimidated or discriminated against as a result of his or her activities and role as a steward.

Stewards, when leaving their work station/location to transact such investigations or processing shall first obtain permission from their immediate supervisor and inform him or her of the nature of the business. Permission to leave will be granted unless such absence would cause interference in departmental operations. If such permission cannot be granted at the time of request, the steward will be informed immediately as to the earliest available time. Upon entering a work location, the steward shall get permission from the responsible supervisor prior, to speaking with a unit member. Reasonable release time will be granted to the employee involved in a grievance, unless such absence would cause an undue interruption or interference in operations. If the CITY OF COMPTON-AFSCME 3947 MOA, July 1, 2019 – June 30, 2024 18 43772235.1
employee cannot be released, the steward will be informed as to the time he or she will be available.

AFSCME Local 3947 agrees that a steward shall not log compensatory time spent performing Union business. The role of a steward is to provide timely grievance representation at the earliest step of the grievance process in an effort to resolve the grievance at the lowest possible step and increase communications between the City and the Union.

ARTICLE 18 REASONABLE NOTICE
All communications or notices required to be served upon the Union by the City, as required by state or federal law, shall be delivered to the primary officer of the Union and designated staff representative at their current email address or physical mailing address on file in the City Manager's office by United States Mail (provided the Union provides a sufficient supply of stamped, self-addressed envelopes to the City Manager's Office) or hand delivered, whichever is most convenient. All communications with the City shall be addressed and delivered to the City Manager, 205 South Willowbrook Avenue, Compton, California 90220, in which case, a copy shall be addressed and delivered as above.

ARTICLE 19 WAGES/BASEPAY
A. Retirement Contribution
B. The CITY shall provide Classic California Public Employees' Retirement System (CalPERS) members1 who are covered by this MOA, the 2.7% at 55-retirement plan of CalPERS. The CITY shall provide employees who are new CalPERS members 2 who are covered by this MOA, the 2% at 62-retirement plan of CalPERS. The CITY shall continue to pay the employee's portion of retirement contributions to CalPERS for Classic CalPERS members who are employed in a classification represented by the AFSCME Local 3947.

The amount paid by the CITY to defray the cost of an employee's portion of retirement contributions shall not exceed 8% of the employee's monthly earnings from the CITY.

Employees defined as new CalPERS members shall pay their portion of contribution to the CalPERS retirement adjustments to Compensation.

All units shall receive the following salary adjustment:

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For the 2019-2020 fiscal year, there will be zero (0%) percent wage increase to base pay for unit members, which shall be reflected in the City’s salary ranges.

For the 2020-2021 fiscal year, there will be zero (0%) percent wage increase to base pay for unit members, which shall be reflected in the City’s salary ranges.

For the 2021-2022 fiscal year, there will be zero (0%) percent wage increase to base pay for unit members, which shall be reflected in the City’s salary ranges.

For the 2022-2023 fiscal year, there will be seven and one-half (7.5%) percent wage increase to base pay for unit members, which shall be reflected in the City’s salary ranges.

For the 2022-2023 fiscal year, there will be a one time, one and one-half (1.5%) percent offschedule wage payment for unit members.

For the 2023-2024 fiscal year, there will be a two (2%) percent wage increase to base pay for unit members, which shall be reflected in the City’s salary ranges.

CLASSIFICATION TITLE CURRENT 2022 2023
Account Clerk I 82 82 A 84 A
Account Clerk II 96 96 A 98 A
Accountant I 138 138 A 140 A
Accountant II 154 154 A 156 A
Accounting Specialist 104 104 A 106 A
Administrative Analyst I 120 120 A 122 A
Administrative Analyst II 138 138 A 140 A
Administrative Assistant 112 112 A 114 A
Administrative Specialist 104 104 A 106 A
Assistant Building Inspector 103 103 A 105 A
Assistant Civil Engineer 133 133 A 135 A
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Assistant Planner 137 137 A 139 A
Associate Planner 151 151 A 153 A
Benefits Coordinator 138 138 A 140 A
Building and Permit Technician 86 86 A 88 A
Building Inspector I 128 128 A 130 A
Building License Inspector 129 129 A 131 A
Cable TV Production Specialist 121 121 A 123 A
Case Manager 107 107 A 109 A
Cashier/Clerk 73 73 A 75 A
Computer Operator 108 108 A 110 A
Claims Technician 104 104 A 106 A
Code Enforcement Aide 129 129 A 131 A
Code Enforcement Officer I 69 69 A 71 A
Collections Officer I 117 117 A 119 A
Collections Officer II 147 147 A 149 A
Community Liaison Officer 98 98 A 100 A
Community Outreach Specialist 96 96 A 98 A
Customer Service Representative 108 108 A 110 A
Data Entry Operator Clerk 94 94 A 96 A
Data Entry Operator Clerk, Senior 108 108 A 110 A
Draftsperson Assistant 85 85 A 87 A
Eligibility and Occupancy Interviewer 88 88 A 90 A
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Employment and Training Program
Specialist 94 94 A 96 A
Employment and Training Program
Specialist, Sr 124 124 A 126 A
Engineering Clerk 83 83 A 85 A
Family Self-Sufficiency Project
Coordinator 128 128 A 130 A
Financial Counselor 100 100 A 102 A
Graphics Designer 109 109 A 111 A
Housing Eligibility Specialist 153 153 A 155 A
Housing Rehabilitation Inspector 129 129 A 131 A
Housing Rehabilitation Specialist 126 126 A 128 A
Identification Technician 90 90 A 92 A
Information Systems Analyst 105 105 A 107 A
Junior Civil Engineer 126 126 A 128 A
Keypunch Operator 78 78 A 80 A
Leased Housing Assistant 110 110 A 112 A
Leased Housing Specialist 126 126 A 128 A
Legal Assistant 120 120 A 122 A
Legal Technician 104 104 A 106 A
Office Aide 49 49 A 51 A
Office Assistant I 65 65 A 67 A
Office Assistant II 76 76 A 78 A
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Office Assistant III 86 86 A 88 A
Paratransit Dispatcher 67 67 A 69 A
Paratransit Driver 67 67 A 69 A
PBX Operator/Clerk I 64 64 A 66 A
PBX Operator/Clerk II 81 81 A 83 A
Personnel Technician 104 104 A 106 A
Planning Technician 115 115 A 117 A
Printing and Duplicating Technician 81 81 A 83 A
Program Development Coordinator 110 110 A 112 A
Program Development Specialist 137 137 A 139 A
Project Coordinator 110 110 A 112 A
Property Inspector 105 105 A 107 A
Public Affairs Specialist 111 111 A 113 A
Purchasing Agent 114 114 A 116 A
Recreation Leader 89 89 A 91 A
Recreation Leader/Senior Citizens
Program 89 89 A 91 A
Redevelopment Aide 58 58 A 60 A
Redevelopment Assistant 90 90 A 92 A
Redevelopment Technician I 121 121 A 123 A
Redevelopment Technician II 137 137 A 139 A
Rehabilitation Assistant 100 100 A 102 A
Relocation Specialist 95 95 A 97 A
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Reprographic Equipment Operator I 85 85 A 87 A
Reprographics Equipment Operator II 103 103 A 105 A
Senior Housing Program Development
Specialist 137 137 A 139 A
Statistical Clerk 74 74 A 76 A
Substance Abuse Counselor 111 111 A 113 A
Tenant Relations Assistant 104 104 A 106 A
Tenant Relations Specialist 110 110 A 112 A
Training and Services Assistant 82 82 A 84 A
Training and Services Coordinator 124 124 A 126 A
Utility Billing Specialist 108 108 A 110 A
Video Production Specialist 76 76 A 78 A
C. Definition of "Periodic"
City Charter section 1103 indicates that the City Manager will make "periodic" studies of the classification and grading of provisions. The Union and the City agree that "periodic" means every five to seven years. Nothing in this provision amends the City Charter, nor limits in any way any amendment or modification of the City Charter.

D. Working Out of Class
The Union may recommend that the City Manager review up to four Unit represented positions a year to determine if the incumbent is working out of class.

E. Shift Differential Pay
For unit members that begin their work shift after 4:00pm, such unit members shall be compensated with a shift differential of ten (10%) percent above their normal pay range.

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F. Compensation Study
The CITY shall conduct a compensation study for classifications in this unit by December 31, 2015, and shall have such study conducted by a professional classification and compensation consultant, whereby the findings will be implemented by the City Manager. Any wage adjustments made by the City Manager resulting from this study shall be implemented before any wage adjustments agreed to in this MOA.

G. Incentives
The CITY agrees to work with this unit to develop criteria for providing pay incentives for successful completion of work related field certificates.

H. Career Development
The CITY agrees to further discuss and negotiate career ladder advancement strategies consistent with the Personnel Rules and Regulations with unit member representatives by December 31,2015
I. Supervisory Differential Pay
The CITY agrees to pay unit members a supervisory differential pay of five (5%) when assigned to perform significant supervisory duties.

J. Parity
If any bargaining unit, except Firefighters, receives a total compensation package for the 2022-23 fiscal year exceeding the percentage amount AFSCME Local 3947 agrees to, the difference shall be provided to the unit members. The trigger for parity for this agreement shall be a total percentage pay amount greater than 9.0% for the 2022-2023 fiscal year.

If any bargaining unit, except Firefighters, receives a total on schedule total compensation package for the 2023-24 fiscal year exceeding the percentage amount AFSCME Local 3947 agrees to, the difference shall be provided to the unit members. The trigger for parity for this agreement shall be a total on schedule percentage pay amount greater than 2.0% for the 2023-2024 fiscal year.

CITY OF COMPTON-AFSCME 3947 MOA, July 1, 2019 – June 30, 2024 25 43772235.1
ARTICLE 20 EMPLOYER RIGHTS
Except as explicitly limited by a specific provision of this Agreement, the City shall have the exclusive right to take any action it deems appropriate in the management of the City and the direction of work force in accordance with its judgment. All inherent statutory and common law management functions and prerogatives which employer has not expressly modified or restricted by specific provision of this Agreement are retained and vested exclusively with the employer. The employer shall have the sole and exclusive right to determine the functions and programs of the City, its overall budget, utilization of technology, the organizational structure and selection, direction and number of personnel. In addition, the employer specifically reserves the exclusive right in accordance with its judgment to: reprimand and otherwise discipline employees, hire, promote, transfer, and assign employees to work; determine the starting and quitting time and number of hours and days to be worked; maintain the efficiency of employees; close down buildings or any buildings or any part thereof; expand, reduce, alter, combine, transfer or cease any job, department, operation or service; subcontract any work done by the employees consistent with the City Charter; control and regulate the use. of the equipment and other property of the City; determine the number, location and operation of buildings, divisions, and departments thereof, the assignment of work and the size and composition of the work force; make or change rules, policies, or provisions of this Agreement; introduce new or improved research, development, maintenance, service methods, materials or otherwise generally manage the City; direct the employees and establish terms and conditions of employment, except as expressly modified or restricted by specific provisions of this Agreement.

The City's non-exercise of any function hereby reserved to it, or its exercising any such function in a particular way shall not be deemed a waiver of its rights to exercise such function or to preclude the City from exercising the same in some other way not in conflict with the express provisions of this Agreement. The Union agrees that it shall not establish or attempt to enforce upon the City, or any employee, any rule or regulation which would interfere with the recognized right of management to carry out the foregoing provisions.

The City hereby agrees to meet and confer on matters relating to wages, hours and other terms and conditions of employment, as required by (Section 3505 of the Government Code).

EFFECTS OF LAWS. RULES AND REGULATIONS
The Union recognizes that all employees covered by this Agreement shall perform the services prescribed by the Employer and shall be governed by the laws of the State of CITY OF COMPTON-AFSCME 3947 MOA, July 1, 2019 – June 30, 2024 26 43772235.1
California, and by the Employer's rules, regulations, directives and orders, issued by properly designated officials. The Union also recognizes the right, obligation and duty of the Employer and its duly designated officials to promulgate rules, regulations, directives and orders from time to time, as deemed necessary by the City insofar as such rules, regulations, directives and orders do not conflict with the express terms of this Agreement.

ARTICLE 21 SEPARABILITY PROVISION
This Memorandum of Agreement is subject to all applicable Federal, State, County, and City laws and regulations, and any lawful rules and regulations enacted by the City's Personnel Board. If any part or provision of this Memorandum of Agreement is in conflict or inconsistent with such applicable provisions of Federal, State, County or City laws, rules or regulations, or is otherwise held to be invalid or unenforceable by any tribunal of competent jurisdiction, such part or provisions shall be suspended and superseded by such applicable law or regulations, and the remainder of this Memorandum of Agreement shall not be affected thereby.

Notwithstanding any provision of this Agreement, the City and the Union agree to meet and confer upon the request of either party to address any impact that such invalidity or unenforceability of laws may have upon the terms and conditions of employment.

ARTICLE 22 STRIKE PROHIBITION
The Union and its represented bargaining unit members, as individuals or as a group, will not initiate, cause, permit, or participate or join in any authorized strike, work stoppage, or slow down, picketing, or any other restriction of work at any location in the City. Employees in the Bargaining Unit, while acting in the course of their employment, shall not honor any picket line established in the City by the Union or by any other labor organization when called upon to cross picket lines in the line of duty. Disciplinary action, including discharge, may be taken by the City against any employee or employees engaged in a violation of this Article. Such disciplinary action may be undertaken selectively at the option of the City and shall not preclude or restrict recourse to any other remedies, including an action for damages, which may be available to the City.

In the event of an unauthorized strike, work stoppage, slowdown, picketing, observance of a picket line, or other restriction of work in any form, either on the basis of individual choice or collective employee conduct, the Union will promptly, upon notification, CITY OF COMPTON-AFSCME 3947 MOA, July 1, 2019 – June 30, 2024 27 43772235.1
attempt to secure an immediate and orderly return to work. This obligation and the obligations set forth in the paragraph above shall not be affected or led by the subject matter involved in the dispute giving rise to the stoppage, or by whether such subject matter is or is not subject to the grievance and arbitration provision of this Agreement.

STRIKES AND LOCKOUTS
The Union agrees that during the life of this Agreement, neither the Union, its agents, nor represented bargaining unit members will authorize, instigate, aid or engage in a work stoppage, slowdown or strike. The City agrees that during the same period, there will be no lockouts. Individual employees or groups of employees who instigate, aid, or engage in a work stoppage slowdown or strike, may be disciplined or discharged at the sole discretion of Management. Accordingly, and in pursuance with this Article, the City agrees not to violate any of the express terms of this Agreement throughout its duration.

ARTICLE 23 QUARTERLY MEETINGS
The Union agrees to meet quarterly with the City to discuss and prepare tentative productivity standards for the various job classifications. These discussions will serve as the basis of intended standards to be set at the expiration of this Agreement and shall be incorporated into the terms and conditions of a succeeding agreement. Further, the Union and the City agree to discuss the Administration of the Contract during these quarterly meetings. The intent here is for the parties to keep one another abreast of the day to day problems with respect to application of the .MOA. It is not intended that any collective bargaining is to take place at these quarterly meetings. Both parties agree that the added purpose of these meetings is to foster improved employer-employee relations, reduce the number of conflicts between the Union and Management through improved communications and set the tone for negotiations at the expiration of the MOA.

ARTICLE 24 SAFETY AGREED REVISIONS
Management will make every reasonable effort to provide safe working conditions. The Union will encourage all members in the Unit to perform their work in a safe manner.

Each employee should stay alert to unsafe practices, equipment and conditions, and should report any hazardous condition promptly to his or her immediate supervisor. Said supervisor must:

CITY OF COMPTON-AFSCME 3947 MOA, July 1, 2019 – June 30, 2024 28 43772235.1
A. Correct or eliminate the hazardous condition if correction or elimination thereof is within the authority and capability of the supervisor, or B. Safeguard a hazardous condition in such a manner as to preclude injury to personnel and/or property damage, and promptly report the nature and location of the hazardous condition to the next level of supervision designated by departmental management for said purpose.

If elimination of the hazardous condition is not within the capability of the second level of supervision to correct, he or she shall promptly report the problem to the next designated level of supervision or inform the Risk Manager about the problem.

The CITY is willing to further address safety concerns and engage in a serious discussion regarding the use of safety equipment.

ARTICLE 25 UNPAID LEAVES OF ABSENCE
Employees of the Unit who request and receive approval for an unpaid leave of absence for medical reasons must exhaust all accumulated sick leave prior to the effective date of the unpaid leave; however, if the leave is not for medical reasons all accumulated compensatory time must be exhausted prior to the effective date of said leave.

ARTICLE 26 HEATH INSURANCE CONTINUATION WHILE ON LEAVE

DUE TO UNDISPUTED/DISPUTED WORK-RELATED

INJURY/ILLNESS
It is mutually agreed that the City shall continue to pay the City's contribution toward the premium for health insurance coverage, in the case of employees who are disabled and unable to work due to undisputed work-related injury/illness. Employees who have filed a claim(s) for compensation as a result of an injury/illness which is in dispute, shall pay the entire amount of the premium for health insurance while in no pay status, beginning with the first premium due after onset on the injury/illness. If it is later determined that the injury/illness is work-related, the City shall refund all premiums paid by the employee.

ARTICLE 27 BILINGUAL ASSIGNMENT
A. The CITY agrees to pay $75.00 bi-weekly ($150.00/monthly) to unit members when assigned to provide bilingual services. Employees shall be required to pass a qualifying examination conducted by an independent agency to determine CITY OF COMPTON-AFSCME 3947 MOA, July 1, 2019 – June 30, 2024 29 43772235.1
fitness for periodic bilingual assignments Employees committed to the bilingual assignments shall be obligated to provide such service to the City as needed.

B. The CITY agrees to a differential of $92.31 bi-weekly ($200.00/monthly) to be paid to Unit members who obtain a certificate showing oral and written competence in Spanish from an institution in the State of California approved by the Human Resources Department, when assigned to provide bilingual services.

Unit members currently receiving bilingual pay under the provisions of "A" above will be eligible to receive a total payment of $92.31 biweekly if they demonstrate written competence in Spanish as determined by the Human Resources Director.

ARTICLE 28 HOLIDAYS
The City agrees to provide the following paid holidays to employees of this Unit: • Independence Day
Labor Day
Admissions Day
Day Veteran's Day
Thanksgiving Day
Day Following Thanksgiving Day
Christmas Day/Christmas Day (observed)
New Year's Day/ New Year's Day (observed)
Dr. Martin Luther King Jr.'s Birthday
Lincoln's Birthday
Washington's Birthday (President’s Day)
Cesar Chavez Day
Cinco de Mayo
Memorial Day
Juneteenth
CITY OF COMPTON-AFSCME 3947 MOA, July 1, 2019 – June 30, 2024 30 43772235.1
Employee's Birthday
December 25 (floating holiday)
(Resolution 24370 adopted by the City Council on June 28. 2016, established legal holidays for City employees). When the employee's birthday or holiday falls on a weekend, or during his or her scheduled vacation, employee will receive another day off, when requested, subject to approval of his or her supervisor. When an employee's birthday falls on a designated holiday, the employee will receive another day off, when requested, subject to the approval of his or her supervisor.

ARTICLE 29 PERSONAL LEAVE
Each unit member shall be allowed to designate up to three (3) days or 24 hours of accrued sick leave as personal leave per calendar year. Unit members shall be allowed to use this leave for personal business. Unit members shall give at least one (1) days’ notice, where possible, of any intended use of personal leave. The only specific prohibition for the use of personal leave is that it cannot be used to provide for the three-(3) day waiting period for worker's compensation claims. Personal leave days may not be accumulated from year to year.

ARTICLE 30 BEREAVEMENT LEAVE
In the event of death in the immediate family (immediate family shall mean spouse, mother, father, son, daughter, sister, brother, grandmother, grandfather, current motherin-law, current father-in-law, stepchild, stepbrother, stepsister, stepmother, stepfather, registered domestic partner, spouse's/ registered domestic partner’s son-in-law and spouse's/ registered domestic partner’s daughter-in-law), foster child and foster parents, an employee of the Unit shall be entitled to bereavement leave of three days with pay or if the services of these family members takes place outside of California, five days with pay (proof of "out of state" service may be required). In the event of the death of a relative not considered in the immediate family, an employee shall be entitled to take the necessary time to attend the funeral. This leave shall be charged against accrued sick time. If there is no accrued sick time, the employee should then request vacation time in accordance with the vacation procedures. The City reserves the right to verify the qualifying event for paid pursuant to this Article.

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ARTICLE 31 VACATION
Employees of this Unit may use vacation leave after the satisfactory completion of six months of continuous service with the City. All other provisions for vacation as prescribed in Rule 7.5B of the Compton Personnel Rules and Regulations shall apply.

Effective the first pay period after the adoption of the resolution ratifying this agreement, all unit members with ten (10) years of service or more will receive an additional four (4) hours per month in vacation earnings per the AFSCME LOCAL 3947 MOA dated 07/1/1995 -12/31/1996 ratified January 25, 1996. This provision is a modification of Rule

7.5B (3) of the Compton Personnel Rules and Regulations. The CITY shall allow vacation to be used in increments of less than ten (10) hours. Accumulated vacation leave shall not exceed 24 times the current rate of each employee.

Length of Service Hours Accrued per Month
6 months to 5 years 6.667 hours per month
5 years to 9 years 10.00 hours per month
10 years to 14 years 14.00 hours per month
15 years or more 17.333 hours per month
During the term of this Agreement, upon approval of the City Manager, unit members may convert to cash up to 80- hours of accrued and unused vacation leave each fiscal year provided the employee has at least 400 available hours of vacation leave.

ARTICLE 32 EMPLOYMENT OPPORTUNITIES
Vacancies in the Classified Service shall be filled by the method prescribed in rule 6.2A and 6.6A of the City of Compton's Personnel Rules and Regulations. If an Unclassified position is created and is comparable to a Classified position within the bargaining unit, employees of the Unit shall be considered for the position. The City agrees to post an employment opportunity bulletin for at least ten (10) working days to announce vacancies for any newly created Unclassified positions which are deemed comparable or similar to any position represented by AFSCME LOCAL 3947 (excluding positions created in the following offices: Mayor and Council, City Manager and City Attorney).

CITY OF COMPTON-AFSCME 3947 MOA, July 1, 2019 – June 30, 2024 32 43772235.1
ARTICLE 33 MOVE-UP ASSIGNMENT
All unit members shall receive move-up pay after a one time completion of a ten (10) day training period, or a total often (10) days worked, in any higher job classification.

Prior work in an acting assignment for the same classification will be counted toward the satisfaction of the 10-day training requirement. An acting or move-up assignment must be initiated by a Personnel Action form. Personnel Action forms showing the completion of a minimum ten (10) days move-up or acting in any/each higher job classification will satisfy the requirement of the training. After successful completion of the ten (10} day training period, whenever an employee of the Unit is given an acting assignment to that position the employee shall receive compensation fixed by the employee's department manager. The compensation shall be fixed within the higher salary range of the position moved-up to and shall be an increase of not less than 5% of the employee's regular base salary.

ARTICLE 34 MEMBERSHIP LIST/NEW EMPLOYEE ORIENTATION
“New Employee Orientation” means the onboarding process of a group of newly hired public employees, whether in person, online, or through other means and mediums, in which employees are advised of their employment status, rights, benefits, duties and responsibilities, or any other employment-related matter.

During each calendar month, the City shall inform the Union if any employees have been hired into the bargaining unit during that respective month. If any employee(s) have been hired, the City shall provide Union access to any new employee orientations that may be held. The Union shall receive not less than ten (10) calendar days’ notice in advance of a monthly orientation, except that shorter notice may be provided in a specific instance where there is an urgent need critical to the City’s operations that was not reasonably foreseeable. The notice shall be sent via email to the AFSCME 3947 President Worksite Organizer (WSO) and to AFSCME Business Representative.

The Union will be permitted a half hour ( 30 min.) to meet with new unit employees.

Within 30 days of hire or by the first pay period of the month following hire, the City shall provide the Union with the following information regarding the new employee:
name, job title, department, work location, work, home, personal cellular telephone number, personal email address, and home address.

CITY OF COMPTON-AFSCME 3947 MOA, July 1, 2019 – June 30, 2024 33 43772235.1
ARTICLE 35 ZIPPER CLAUSE NO CHANGE
This Agreement sets forth the full and entire understanding of the parties regarding matters set forth herein, and any and all prior or existing Memoranda of Agreement, understandings, or agreements that conflict with the matters set forth herein, whether formal or informal, are hereby superseded and terminated in their entirety. Existing policies, rules, ordinances and resolutions that do not conflict with the matters set forth herein remain in effect. The parties acknowledge that during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter appropriate for collective bargaining and that the understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement. Thereafter, the City and the Union, for the life of this Agreement, each voluntarily and unqualifiedly waives the right, and each agrees that the other shall not be obligated to bargain collectively with respect to any subject or matter, even though such subjects or matters may not have been within the knowledge or contemplation of either or both of the parties at the time that they negotiated or signed this Agreement. All terms and conditions of employment not covered by this Agreement shall continue to be subject to the City's direction and control.

ARTICLE 36 CONTRACTING AND SUBCONTRACTING
The City recognizes that its ability to discontinue or "contract out" [subcontract] Bargaining Unit work concerning matters related to municipal operations is subject to its rights and obligations under the State of California Public Policy [State Constitution and Status, including the MBA]. The City shall not contract out Bargaining Unit work for the purpose or intention of undermining the Union, nor to discriminate against any of its unit members. Nor will the City "contract out" Bargaining Unit work that will result in the layoff of any employees who have completed their initial probationary period and have regular civil service status.

ARTICLE 37 UNIFORM ALLOWANCE
'The City agrees to provide an annual uniform allowance of $800.00, subject to tax withholdings, to be paid semi-annually (November and May) each year during this Agreement to each employee of this unit who is required to wear a uniform by his or her department. In lieu of providing a uniform allowance to Parks & Recreation employees, the City agrees to provide to them five (5) shirts and five (5) pair of pants or CITY OF COMPTON-AFSCME 3947 MOA, July 1, 2019 – June 30, 2024 34 43772235.1
shorts (or combination thereof) in January of each year during the term of this Agreement ( or upon hire if after January of each year) at no cost to the employee," The City agrees to provide an annual safety footwear allowance of $275.00, subject to tax withholdings, to be paid annually (January) each year during this Agreement to each employee of this unit who is required to wear safety footwear.

For recreation employees who are required to wear athletic footwear as part of their uniforms, reimbursement for approved footwear of up to $275 annually per employee will be provided, with the footwear to be purchased up to twice per year (January and July) for an amount not to exceed $137.50 per purchase. This amount will be treated as a reimbursement, not an allowance. Employees shall be required to wear their uniforms at all times while on duty, unless written request for waiver is approved by the Department Manager or his or her designee. In order to qualify for uniform allowance, employees must have worked no less than four months of the six-month period preceding the payment of the semi-annual uniform allotment. If less than said time is worked, the allowance will be prorated accordingly, on a month-by-month basis.

ARTICLE 38 RETIREMENT
The CITY shall provide Classic California Public Employees' Retirement System (CalPERS) members1 who are covered by this MOA, the 2.7% at 55-retirement plan of CalPERS. The CITY shall provide employees who are new CalPERS members2 who are covered by this MOA, the 2% at 62-retirement plan of CalPERS. The CITY shall continue to pay the employee's portion of retirement contributions to CalPERS for Classic CalPERS members who are employed in a classification represented by AFSCME Local 3947 through the life of this agreement The amount paid by the CITY to defray the cost of an employee's portion of retirement contributions shall not exceed 8% of the employee's monthly earnings from the CITY. This plan is codified at California Government Code section 21362.2. Employees defined as new CalPERS members shall pay their portion of contribution to the CalPERS retirement.

Classic Members only shall continue to receive the following retirement incentives:

1. One Year Final Compensation

2. Military Service Credit
1 Classic members are defined as current CalPERS members who were active prior to January 1, 2013 or individuals from reciprocal agencies who were active prior to January 1, 2013. 2 New members are defined as new hires who are brought into CalPERS membership for the first time on or after January 1, 2013, and who have no prior membership in any other California public retirement system.

CITY OF COMPTON-AFSCME 3947 MOA, July 1, 2019 – June 30, 2024 35 43772235.1

3. Increased Non-Industrial Disability

4. Industrial Disability Retirement
ARTICLE 39 DURATION OF AGREEMENT
The foregoing and any executed and ratified side letters attached hereto constitutes an entire agreement between the parties and no verbal statement shall supersede its provisions.

The term of this Agreement shall be effective July 1, 2019, and shall remain in full force and effect until June 30, 2024, at which time, all terms and conditions agreed to in this Memorandum of Agreement shall be terminated.

ARTICLE 40 PURGING OF FILES
The City agrees to review the personnel files of unit members annually, if requested, and to remove and/or seal any minor reprimands or infractions, excluding serious disciplinary matters (i.e., suspensions, dismissals and demotions) as follows: Minor infractions or reprimands (as defined above) which are four years or older and those which have not been repeated within a two-year period.

ARTICLE 41 REDUCED WORK SCHEDULE IN LIEU OF UNPAID
LEAVE
Pursuant to Personnel Rules and Regulations 7.43, the City Manager may grant any permanent employee a leave of absence without pay for one continuous period of time.

Not to exceed one calendar year, based upon specified terms and conditions. In lieu of a full-time unpaid leave of absence, the City Manager may grant a permanent employee a reduced work schedule for a continuous period not to exceed one calendar year provided that: a) the employee expects at the time the leave is requested to return to work; and b) employee works no less than 32 hours a week. The employee shall continue to receive full health insurance benefits while on such reduced work schedule, but shall earn sick, vacation and holiday leave benefits on a pro-rated basis. All other provisions of Personnel Rules and Regulations 7.4B shall also apply.

Subject to the foregoing, this Memorandum of Agreement is hereby executed by the authorized representatives of the City of Compton and the Union, and entered into this ____________ day of _________ 2024.

CITY OF COMPTON-AFSCME 3947 MOA, July 1, 2019 – June 30, 2024 36 43772235.1
FOR THE CITY: FOR THE UNION:

Willie Hopkins Jr., City Manager Lupita Gomez Duran, President Triphenia Simmons, Assistant City
Attorney
Luis Schmidt, Business Representative,
AFSCME Local 3947
Eric J. Perrodin, City Attorney
RESOLUTION NO. __________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

COMPTON APPROVING A MEMORANDUM OF AGREEMENT
(MOA) BETWEEN THE CITY OF COMPTON AND THE

AMERICAN FEDERATION OF STATE, COUNTY AND
MUNICIPAL EMPLOYEES (AFSCME) LOCAL 3947, FOR
FISCAL YEARS 2019-2024
WHEREAS, the City of Compton has fulfilled its meet and confer obligations as required by the Meyers-Millais-Brown Act; and WHEREAS, the negotiations have resulted in an agreement with the City of Compton and the AFSCME, Local 3947; and
WHEREAS, the previous union agreement between the City and AFSCME 3947 expired on June 30, 2019; and
WHEREAS, the City of Compton and AFSCME Local 3947 have reached an agreement on a five (5) year employment contract; and WHEREAS, it is in the best interest of the City to adopt this agreement as proposed; and
WHEREAS, the estimated fiscal impact of the 7.5% base pay increase for the American Federation of State, County and Municipal Employees (AFSCME) Local 3947 Non-Supervisory Union for fiscal year 2022-2023 is Salary Adjustment of $416,499, Overtime Adjustment of $10,288.87, Payroll Taxes of $21,658, Retirement of $46,690, PERS Pickup of $29,155 for a total of $524,290.87; and
WHEREAS, the estimated fiscal impact of the 1.5% off schedule payment the American Federation of State, County and Municipal Employees (AFSCME) Local 3947 Non-Supervisory Union for fiscal year 2022-2023 is a Wage Payment of $83,299, Payroll Taxes of $4,332 for a total of $87,631; and WHEREAS, the total estimated fiscal year 2022-2023 impact for the American Federation of State, County and Municipal Employees (AFSCME) Local 3947 Non-Supervisory Union employees is $611,921.87; and WHEREAS, the estimated fiscal impact of the 2.0% base pay increase for the American Federation of State, County and Municipal Employees (AFSCME) Local 3947 Non-Supervisory Union for fiscal year 2023-2024 is Salary Adjustment of $564,721, Overtime Adjustment of $3,612.58, Payroll Taxes of $29,365.48, Retirement of $71,154.82, PERS Pickup of $43,765.86 for a total of $712,619.54; and
WHEREAS, the total estimated fiscal year 2023-2024 impact the American Federation of State, County and Municipal Employees (AFSCME) Local 3947 Non-Supervisory Union employees is $712,619.54.

WHEREAS, As a result of these contract increases, across all contracts being presented, budgetary appropriations are being exceeded by what is currently budgeted by approximately $1.5 million. A budget amendment will be brought forward prior to year end to appropriate the additional funding necessary for Council approval.
.

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

RESOLUTION NO. ________________

2 Section 1. That the City Council of the City of Compton does hereby approve the Memorandum of Agreement executed by the representatives of the American Federation of State, County and Municipal Employees (AFSCME) Local 3947 Non-Supervisory, a copy of which is attached hereto and incorporated herein by reference.

Section 2. That the City Manager is hereby directed to execute and implement the Memorandum of Agreement in accordance with the provisions of this Resolution.

Section 3. That this Resolution and the Memorandum of Agreement incorporated herein shall supersede any provisions of previously adopted City policies that conflict with the provisions of this Memorandum of Agreement.

Section 4. That a certified copy of this Resolution shall be forwarded to the offices of the City Attorney, City Clerk, City Manager, City Controller, American Federation of State, County and Municipal Employees (AFSCME) Local 3947 Non-Supervisory and the Human Resources Department.

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

ADOPTED this ________ day of ____________, 2023.
_______________________________

MAYOR OF THE CITY OF COMPTON
ATTEST:
___________________________________

CITY CLERK OF THE CITY OF COMPTON

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

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

AYES: COUNCIL MEMBERSNOES: COUNCIL MEMBERSABSENT: COUNCIL MEMBERSABSTAIN: COUNCIL MEMBERS- ____________________________________

CITY CLERK OF THE CITY OF COMPTON

April 9, 2024
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: CITY MANAGER
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON

APPROVING A MEMORANDUM OF AGREEMENT (MOA) BETWEEN

THE CITY OF COMPTON AND THE COMPTON MANAGEMENT
EMPLOYEES ASSOCIATION, CMEA/AFSCME, LOCAL 2325, AFL-CIO, COUNCIL 36, FOR FISCAL YEARS 2019-2024

SUMMARY
The City Council will consider this Resolution adopting a five-year employment contract (Memorandum of Agreement) MOA between the City of Compton and Compton Management Employees Association, CMEA/AFSCME, Local 2325, AFL- CIO, Council

36. BACKGROUND
The City of Compton has four (4) union locals representing most miscellaneous (nonsworn) employees. The proposed Memorandum of Agreement (MOA) is for Compton Management Employees Association, CMEA/AFSCME, Local 2325, AFL- CIO, Council 36 employees in the City of Compton.

The previous union agreement between the City and Compton Management Employees Association, CMEA/AFSCME, Local 2325, AFL- CIO, Council 36 expired on June 30, 2019. Compton Management Employees Association, CMEA/AFSCME, Local 2325, AFL- CIO, Council 36 and the City of Compton came to a Tentative Agreement modifying the terms of the MOA for a period of five years.

STATEMENT OF THE ISSUE
Over the past months, the City negotiated with Compton Management Employees Association, CMEA/AFSCME, Local 2325, AFL- CIO, Council 36 regarding salary and benefits, and have reached an agreement. Compton Management Employees Association, CMEA/AFSCME, Local 2325, AFL- CIO, Council 36 has met with its members and voted to approve the terms of contract agreed to during negotiations. The proposed ratified MOA must now be approved by the City Council, at which point the MOA can be executed and implemented.

3. Staff Report – AFSCME 2325 MOA (Fiscal Year 2019-2024) April 9, 2024, Page 2

FISCAL IMPACT
The on-schedule fiscal impact of the 7.5% base pay increase for Compton Management Employees Association, CMEA/AFSCME, Local 2325, AFL- CIO, Council 36 for fiscal year 2022-2023 is $413,691.00.

Salary Adjustment $328,044.00
Overtime Adjustment $8,852.00
Payroll Taxes $17,058.00
Retirement $36,774.00
PERS Pickup $22,963
TOTAL $413,691
The off-schedule fiscal impact of the 1.5% payment for Compton Management Employees Association, CMEA/AFSCME, Local 2325, AFL- CIO, Council 36 for fiscal year 2022-2023 is $53,814.00.

Wage Payment $51,154.00
Payroll Taxes $2,660.00
TOTAL $53,814.00
The on-schedule fiscal impact of the 2.0% base pay increase for Compton Management Employees Association, CMEA/AFSCME, Local 2325, AFL- CIO, Council 36 for fiscal year 2023-2024 is $373,169.00.

Salary Adjustment $291,492.00
Overtime Adjustment $7,201.00
Payroll Taxes $15,158.00
Retirement $36,728.00
PERS Pickup $22,591.00
TOTAL $373,169.00
The off-schedule fiscal impact of the 1.5% payment for Compton Management Employees Association, CMEA/AFSCME, Local 2325, AFL- CIO, Council 36 for fiscal year 2023-2024 is $74,248.00.

Wage Payment $70,578.00
Payroll Taxes $3,670.00
TOTAL $74,248.00
As a result of these contract increases, across all contracts being presented, budgetary appropriations are being exceeded by what is currently budgeted by approximately $1.5 million. A budget amendment will be brought forward prior to year end to appropriate the additional funding necessary for Council approval.

Staff Report – AFSCME 2325 MOA (Fiscal Year 2019-2024)
April 9, 2024, Page 2

RECOMMENDATION
Staff recommends approval of the attached Resolution adopting the MOA for Compton Management Employees Association, CMEA/AFSCME, Local 2325, AFL- CIO, Council

36. DONALD J. GRADY

HUMAN RESOURCES DIRECTOR
APPROVED FOR FORWARDING:

WILLIE A. HOPKINS JR.

CITY MANAGER
1 43444904.1

MEMORANDUM
OF

AGREEMENT
City of Compton
and

COMPTON MANAGEMENT EMPLOYEES
ASSOCIATION AFSCME LOCAL 2325, AFL-CIO,
COUNCIL 36
July 1, 2019
to
June 30, 2024
CITY OF COMPTON-AFSCME 2325 MOA, July 1, 2019 – June 30, 2024 1 TABLE OF CONTENTS
ARTICLE 1. RECOGNITION ..........................................................................................3 ARTICLE 2. UNIT OF REPRESENTATION..................................................................3 ARTICLE 3. NON-DISCRIMINATION ..........................................................................3 ARTICLE 4. SCOPE OF REPRESENTATION ...............................................................3 ARTICLE 5. DUES DEDUCTION...................................................................................4 ARTICLE 6. PREVAILING RIGHTS ..............................................................................4 ARTICLE 7. RIGHTS OF CITY.......................................................................................4 ARTICLE 8. SEVERABILITY.........................................................................................5 ARTICLE 9. REASONABLE NOTICE ...........................................................................5 ARTICLE 10. STEWARDS................................................................................................6 ARTICLE 11. UNION BUSINESS.....................................................................................6 ARTICLE 12. ACCESS TO WORK STATION.................................................................7 ARTICLE 13. BULLETIN BOARDS/CITY EMAIL.........................................................7 ARTICLE 14. SICK LEAVE/SEVERANCE POLICY ......................................................7 ARTICLE 15. HEALTH AND WELFARE BENEFITS ....................................................9 ARTICLE 16. HEALTH INSURANCE CONTINUATION WHILE ON LEAVE

DUE TO UNDISPUTED / DISPUTED WORK-RELATED
INJURY/ILLNESS ....................................................................................10 ARTICLE 17. OVERTIME (Non-Exempt Supervisory Technical & Professional Classifications Only)..................................................................................11 ARTICLE 18. BEREAVEMENT LEAVE........................................................................11 ARTICLE 19. STRIKE PROHIBITION...........................................................................12 ARTICLE 20. WORK SCHEDULES ...............................................................................12 ARTICLE 21. AUTO ALLOWANCE/CITY CAR (Chief Executives and Executive Classifications Only).................................................................12 CITY OF COMPTON-AFSCME 2325 MOA, July 1, 2019 – June 30, 2024 2 ARTICLE 22. VACATION (Chief Executives and Executive Classifications Only) ..........................................................................................................13 ARTICLE 23. HOLIDAYS ...............................................................................................14 ARTICLE 24. PURGING OF FILES................................................................................15 ARTICLE 25. UNIFORM ALLOWANCE.......................................................................16 ARTICLE 26. GRIEVANCE PROCEDURE....................................................................16 ARTICLE 27. GRIEVANCE ARBITRATION ................................................................17 ARTICLE 28. BASE PAY ................................................................................................18 ARTICLE 29. RETIREMENT ..........................................................................................20 ARTICLE 30. PERSONAL DEVELOPMENT (Chief Executives and Executive Classifications Only)..................................................................................20 ARTICLE 31. PERSONAL LEAVE DAYS (Chief Executives and Executive Classifications Only)..................................................................................20 ARTICLE 32. EDUCATIONAL REIMBURSEMENT....................................................21 ARTICLE 33. BILINGUAL ASSIGNMENT – (Supervisory, Technical, & Professional Classifications Only).............................................................23 ARTICLE 34. LICENSES AND CERTIFICATIONS (Certain Supervisory, Technical, & Professional Classifications Only).......................................23 ARTICLE 35. MOVE-UP ASSIGNMENT (Supervisory, Technical, & Professional Classifications Only).............................................................24 ARTICLE 36. EMPLOYMENT VACANCIES................................................................24 ARTICLE 37. CONTRACTING AND SUBCONTRACTING (Supervisory, Technical, & Professional Classifications Only).......................................25 ARTICLE 38. STANDBY/CALL BACK (Fire Protection Specialist Classification Only) ...................................................................................25 ARTICLE 39. ZIPPER CLAUSE......................................................................................25 ARTICLE 40. EMPLOYEE TITLES................................................................................26 ARTICLE 41. TERM AND EFFECT OF AGREEMENT................................................31 ARTICLE 42. NEW EMPLOYEE ORIENTATION........................................................31 CITY OF COMPTON-AFSCME 2325 MOA, July 1, 2019 – June 30, 2024 3 ARTICLE 1. RECOGNITION
Compton Management Employees Association, CMEA/AFSCME, Local 2325, AFLCIO, Council 36, is hereby acknowledged by the City of Compton as the recognized employee organization representing the employment classifications within the Unit as may be established by the CITY. The Unit, as presently established, consists of the classifications shown in Article 40.

ARTICLE 2. UNIT OF REPRESENTATION
CMEA provides employee representation in matters related to working conditions and compensation for the following groups.

A CHIEF EXECUTIVE EMPLOYEES

B EXECUTIVE EMPLOYEES

C SUPERVISORY EMPLOYEES

D PROFESSIONAL AND TECHNICAL EMPLOYEES
ARTICLE 3. NON-DISCRIMINATION
A Neither the CITY nor CMEA shall discriminate against any employee represented by the CMEA on the basis of race, creed, color, sex, sexual preference, national origin, ancestry, religion, disability, political belief, political activity or membership in any employee organization or labor organization, as defined by applicable sections of California Government Code (MMBA).

B Whenever the masculine gender is used in the Agreement, it shall be understood to include the feminine gender.

ARTICLE 4. SCOPE OF REPRESENTATION
The scope of representation shall include all matters relating to employment conditions and employer/employee relations, including, but not limited to, wages, hours and other terms and conditions of employment, except, however, that the scope of representation shall not include consideration of the merits, necessity or organization of any service or activity provided by law or executive order.

CITY OF COMPTON-AFSCME 2325 MOA, July 1, 2019 – June 30, 2024 4 ARTICLE 5. DUES DEDUCTION
Upon receipt of a CMEA/AFSCME authorization card, on the union form, membership dues of CMEA/AFSCME members shall be deducted by the CITY from the paycheck of the member. Dues so deducted shall be remitted to CMEA/Local 2325 in a timely manner. Maintenance of membership shall be in effect within the window period for withdrawing.

The CMEA agrees to indemnify and hold the CITY harmless against any and all claims, suits, orders, or judgments brought or issued against the CITY as a result of the dues deductions or transmittal of such funds to the CMEA.

ARTICLE 6. PREVAILING RIGHTS
To the extent that they are not expressly or by necessary interpretation and application covered by the purposes, intents and language of this Agreement, all rights, privileges, obligations, and working conditions of employment within the scope of representation presently enjoyed by the employees within the bargaining unit shall remain in effect and be operative during the terms of this Agreement, unless eliminated, enlarged or otherwise modified after the Meet and Confer Process to the extent that such procedures are required by the laws of the State of California.

ARTICLE 7. RIGHTS OF CITY
The City Manager has the exclusive right and authority to schedule work as required in the manner most advantageous to the CITY.

The City Manager reserves the right to discipline or discharge employees for cause, subject to Civil Service procedures. The CITY reserves the right to lay off personnel of the CMEA in accordance with the City Charter and established Civil Service procedures.

The City Manager shall have the right to transfer employees within the CITY in a manner most advantageous to the CITY, subject to the provisions of this Agreement.

The City Manager reserves the right to formulate, change or modify departmental rules, regulations and procedures, except that no departmental rule, regulation, or procedure shall be formulated, changed or modified in a manner contrary to the provisions of this Agreement.

Those inherent managerial functions, prerogatives and policy making rights, whether listed above or not, which the CITY has not expressly modified or restricted by a specific provision of this Agreement, are not in any way (directly or indirectly) subject to the grievance and arbitration procedures contained herein. Except as otherwise CITY OF COMPTON-AFSCME 2325 MOA, July 1, 2019 – June 30, 2024 5 specifically provided in this Agreement, the CITY shall retain all rights and authority which by law it is entitled. The CMEA recognizes that the CITY has statutory and charter rights and obligations in contracting for matters relating to municipal operations. The right of contracting is vested exclusively in the CITY.

Any and all rights concerning the management, organization, and direction of the CITY, shall be exclusively the right of the CITY and the City Manager, unless otherwise provided by the express term of this Agreement as permitted by law.

The inherent and express rights of the CITY, including those herein specifically referred to, which are not expressly modified or restricted by a specific provision of this Agreement, are not in any way (directly or indirectly) subject to the grievance procedure herein.

Where required by law, the CITY agrees prior to implementation, to meet and confer with the CMEA over the impact of the exercise of these rights, upon wages, hours, and other terms and conditions of employment.

ARTICLE 8. SEVERABILITY
Should any part of this Memorandum of Agreement be rendered or declared illegal or invalid by legislation or decree of a court of competent jurisdiction, or of an administrative tribunal or board, such invalidation during the life of this Agreement shall not affect the remaining portions thereof. Notwithstanding any other provision of this MOA, the CITY and the CMEA agree to meet and confer upon the request of either party to address the identifiable impacts, if any, that such illegality or invalidity has upon the terms and conditions of employment.

ARTICLE 9. REASONABLE NOTICE
All communications or notices required to be served upon the CMEA by the CITY, pursuant to the terms of this Agreement, or State or Federal law, shall be delivered to the President and Secretary or designee of the CMEA at his/her current email or physical mailing address on file in the City Manager’s Office by electronic, U.S. Mail or hand delivery, whichever is most convenient to the CITY. All written communications to the CITY shall be addressed and delivered to the City Manager or designee. All meeting notices will be delivered within 72 hours prior to any regular scheduled meeting and 24 hours prior to any special meeting.

CITY OF COMPTON-AFSCME 2325 MOA, July 1, 2019 – June 30, 2024 6 ARTICLE 10. STEWARDS
It is agreed that CMEA may select a reasonable amount of stewards to represent this Union, but not to exceed one steward for every ten (10) members. The union agrees to give the CITY a written list of employees who have been selected as stewards and such a list shall be kept current by the CMEA. Stewards may spend a reasonable amount of time to promptly and expeditiously investigate and process grievances without loss of pay or benefits of any kind. Stewards shall be free from reprisal and shall not in any way be coerced, intimidated or discriminated against as a result of their activities and role as stewards. When leaving their work station/location to transact such investigations or processing, Stewards shall first obtain permission from their immediate supervisor and inform him/her of the nature of the business.

Permission to leave will be granted unless such absence would cause interference in departmental operations. If such permission cannot be granted at the time of request, the steward will be informed immediately as to the earliest available time. Upon entering a work location, the union representative shall get permission from the responsible supervisor prior to speaking with the unit member.

Permission to leave the job will be granted to the employee involved, unless such absence would cause an undue interruption or interference in operations. If the employee cannot be made available, the steward will be informed as to the time he/she will be made available. The CMEA agrees that a steward shall not log compensatory time spent performing Union Business. The role of a steward is to provide timely grievance representation at the first step of the grievance process in an effort to resolve the grievance at the lowest possible step and increase communications between the CITY and the Union.

ARTICLE 11. UNION BUSINESS
Elected CMEA Officers or designated union members, such as stewards, shall be granted time off to perform business including conferences, conventions, seminars, and training. This time, to be granted without loss of pay, shall not to exceed an aggregate of 200 per fiscal contract year, and 300 hours per fiscal contract year, during “even years” (i.e., ’22, ’24, etc.) wherein it is an election year. The balance of the unused release time at the end of the fiscal year will rollover to the next fiscal year but must be used during that fiscal year or it will be forfeited. The City will be responsible for keeping an account of the time used per fiscal year and will notify the CMEA of the time used, accrued and forfeited in accordance with the notice requirements in Article 9.

CITY OF COMPTON-AFSCME 2325 MOA, July 1, 2019 – June 30, 2024 7 Up to four (4) members of the negotiating team shall be granted time off for negotiations which shall be mutually set by the CITY and CMEA, and such employer/employee meetings shall not be charged against Union business time. The CMEA agrees that a steward shall not seek and/or record compensatory time spent performing union business.

ARTICLE 12. ACCESS TO WORK STATION
The CITY agrees to grant official representatives of the CMEA the access and the right to discuss grievances or problems arising under the terms of this Agreement with employees of this Unit during working hours. It is agreed that there will be as little interference as possible by the CMEA’s business representatives and stewards shall be permitted to utilize a reasonable amount of time during work hours without loss of pay to specifically address grievances if: 1) such time will not interfere with departmental operations; and 2) with the approval from the department manager.

The CITY agrees to permit the CMEA to use CITY facilities to conduct business meetings when such facilities are available and requested in a timely manner.

ARTICLE 13. BULLETIN BOARDS/CITY EMAIL
The CITY agrees to furnish and maintain space for suitable bulletin boards in convenient places to be used by the CMEA. The City also agrees to allow the CMEA to send emails to its unit members at their official City email addresses regarding official CMEA related communication and notifications. The CMEA shall limit its posting of notices and bulletins to such areas.

ARTICLE 14. SICK LEAVE/SEVERANCE POLICY
Sick leave shall be earned and accumulated on an annual basis of twelve (12) days/one hundred and twenty (120) hours per year from January 1 through December 31.

Accrual and use of sick leave shall be in accordance with Rule 7.5(D)(1) of the Personnel Rules and Regulations, except that probationary employees may be allowed to use accrued holiday and/or compensatory time while on probation and are unable to work due to illness or non-industrial injury. Said sick leave accumulation shall be credited to the employee's records on a monthly basis. Accumulation of unused sick leave shall be unlimited. Employees shall not accrue sick leave while on suspension, or other unpaid leaves of absence. Employees shall be entitled to a payoff of accumulated sick leave in accordance with the following schedule upon termination in good standing after five years of service:

CITY OF COMPTON-AFSCME 2325 MOA, July 1, 2019 – June 30, 2024 8 Length of Service
Severance Pay/Proportion
of Sick Leave
Over 800 Hrs. Up to 800 Hrs.
0 through 4 years 10% 0%
5 through 9 years 25% 0%
10 through 14 years 50% 25%
15 through 19 years 75% 50%
20 through 24 years 100% 75%
25 years or more 100% 100%
CITY OF COMPTON-AFSCME 2325 MOA, July 1, 2019 – June 30, 2024 9 The payoff shall be made in a lump sum unless other arrangements are agreed to by the employee and CITY.

ARTICLE 15. HEALTH AND WELFARE BENEFITS
A Medical Insurance Coverage
For the term of this Agreement, the CITY shall continue to pay an amount equal to the Los Angeles Region Kaiser family rate. The CITY shall continue to contribute the cost of medical insurance coverage to any Unit member who prior to ratification of this MOA who currently resides outside of Los Angeles County in the amount designated by PERS as "Other Southern California Region" HMO Health Plan for Employee + 2 or more dependents. It is understood, and agreed, that this CITY contribution shall not be increased for Unit members who relocated outside of Los Angeles County after July 1, 2014, nor shall this contribution apply to Unit members hired after the date of ratification of this MOA.

The CITY'S actual contribution toward the monthly premium for each employee in classification covered by the bargaining unit shall be based upon the unit member's enrollment in a plan provided through the CITY'S contract with the California Public Employees Retirement System, hereafter referred to as CALPERS and status as:

1. Employee only

2. Employee and 1 dependent

3. Employee and 2 or more dependents
At the CITY'S request, employees in classification covered by the bargaining unit shall submit verifiable proof of dependency for anyone they seek to cover.

B Dental Insurance

1. The CITY shall continue to provide full payment for a City-wide prepaid dental plan.

2. Dental coverage is available for employees in classifications covered by this bargaining unit and eligible dependents.

CITY OF COMPTON-AFSCME 2325 MOA, July 1, 2019 – June 30, 2024 10 C Vision Plan
The CITY shall provide a City-wide vision plan. Vision coverage is available for employees and eligible dependents.

D Life Insurance
The CITY shall provide life insurance for the Chief Executive Employees in the amount of $85,000.00, and the CITY shall in turn provide life insurance for the Executive employees in the amount of $80,000. For Supervisory classifications, the CITY shall provide life insurance to Unit members in the amount of $80,000.00.

E State Disability Insurance
The CITY shall provide State Disability Insurance (SDI) at no cost to Unit members.

F Administration of Fringe Benefits
The CITY reserves the right to select, change, administer or fund any fringe benefits program involving insurance that now exists or may exist in the future during the term of this Agreement. In the administration of fringe benefits programs involving insurance, the CITY shall have the right to select any insurance carrier or other method providing coverage to fund insurance benefits herein during the term of this Agreement. The CITY shall meet and confer with the CMEA prior to any change of insurance carrier or method of funding coverage for fringe benefits which adversely impact employees during the term of this Agreement. Changes in insurance carrier or methods of funding coverage which result in reduction in the level of benefits shall not be affected until completion of the Meet and Confer Process, as required by law.

When the new insurance coverage is substantially comparable to the old insurance coverage, the CITY shall have the right to change insurance carriers upon notice to the CMEA and employees.

ARTICLE 16. HEALTH INSURANCE CONTINUATION WHILE ON LEAVE

DUE TO UNDISPUTED / DISPUTED WORK-RELATED INJURY/ILLNESS It is mutually agreed that the CITY shall continue to pay the CITY’S contribution toward the premium for health insurance coverage, in the case of employees who are disabled and unable to work due to undisputed work-related injury/illness.

CITY OF COMPTON-AFSCME 2325 MOA, July 1, 2019 – June 30, 2024 11 Employees who have filed a claim(s) for compensation as a result of an injury/illness which is in dispute, shall pay the entire amount of the premium for health insurance while in no pay status, beginning with the first premium due after onset of the injury/illness. If it is later determined that the injury/illness is work-related, the CITY shall refund all premiums paid by the employee.

ARTICLE 17. OVERTIME (Non-Exempt Supervisory Technical & Professional Classifications Only)
Whenever an employee is required by the CITY to work on a recognized holiday, the CITY agrees to compensate holiday pay at two-and-one-half times the employee’s regular hourly rate for all hours worked on the specified holiday, provided that the employee is not absent or on sick leave within 48 hours after such time worked. If an employee uses sick leave within 48 hours, a doctor's verification shall be necessary to qualify for the holiday premium. If the employee does not provide verification of sickness, he will be paid at double the employee's regular hourly rate for all hours worked on the specified holiday. Members of this unit will receive cash payment at the rate of one-and-one-half times the employee's regular rate for all hours in paid status over forty (40) hours per week or at the employee's discretion by compensatory time off (up to a maximum of 100 hours). Employees who have accumulated compensatory time in excess of 100 hours as of the ratification of this agreement will not be allowed to accumulate any compensatory time until their accumulated compensatory time has been reduced below 100 hours. A week shall be defined as beginning at 12:01 a.m. Sunday and ending at 12:00 midnight on the following Saturday. Given reasonable notice, employees of this unit shall perform overtime work as requested by the department manager. Request for the use of compensatory time accrued under previous agreements must be submitted in writing in advance of intended use and will be granted upon mutual agreement between the employee and the supervisor.

ARTICLE 18. BEREAVEMENT LEAVE
In the event of a death in the immediate family ("immediate family" shall mean spouse, father, current father-in-law, mother, current mother-in-law, grandfather, grandmother, son, daughter, brother, or sister of employee, stepmother, stepfather, stepson, and stepdaughter, registered domestic partner, spouse’s brother, spouse’s sister, spouse’s parents, spouse’s grandparents, spouse’s son-in-law, spouse’s daughter-in-law, foster child and foster parents), an employee shall be entitled to the necessary time to attend the funeral, up to a maximum of three (3) working days for in-State services or five (5) working days for out of State services; or two (2) shifts for CITY OF COMPTON-AFSCME 2325 MOA, July 1, 2019 – June 30, 2024 12 56 hour personnel. Such leave shall be fully paid but shall not be deducted from accumulated sick leave. The CITY reserves the right to verify paid leave taken pursuant to this clause. In the event of the death of a relative not considered in the immediate family, an employee shall be entitled to take the necessary time to attend the funeral. This leave shall be charged against accrued sick time. If there is no accrued sick time, the employee should then request vacation time in accordance with the vacation procedures. The CITY reserves the right to verify leave taken pursuant to this Section.

ARTICLE 19. STRIKE PROHIBITION
A The CMEA and its members, as individuals or as a group, will not initiate, cause, permit, participate or join in any strike, work stoppage, or slowdown, picketing, or any other restriction of work at any location in the CITY.

Employees in the bargaining unit, while acting in the course of their employment, shall not honor any picket line established in the CITY by the CMEA or by any other labor organization when called upon to cross picket lines in the line of duty.

Disciplinary action, including discharge, may be taken by the CITY against any employee(s) engaging in violation of this Article. Such disciplinary action may be undertaken selectively at the option of the CITY and shall not preclude or restrict recourse to any other remedies, including an action for damages, which may be available to the CITY.

ARTICLE 20. WORK SCHEDULES
Work schedules are the sole determination of the City Manager and may include any and all shifts available for consideration as determined by the City Manager.

ARTICLE 21. AUTO ALLOWANCE/CITY CAR (Chief Executives and Executive Classifications Only)
A Upon ratification of this agreement, designated unit members shall continue to receive the auto allowance, in the amount of $390.00 per month.

B Upon ratification of this agreement, designated unit members currently assigned a CITY owned automobile shall continue to be provided an automobile in accordance with the current policies and procedures of the CITY.

CITY OF COMPTON-AFSCME 2325 MOA, July 1, 2019 – June 30, 2024 13 C It is the sole discretion of the City Manager as to the eligibility of any unit member currently receiving an automobile allowance or use of a CITY owned car.

ARTICLE 22. VACATION (Chief Executives and Executive
Classifications Only)
A Hours of vacation leave entitlement shall be accrued on the basis of each calendar month of service as follows:

B Service Time

HOURS ACCRUED PER MONTH
Less than 5 years of service7.334
5 Years but less than 10 10.667
10 Years but less than 15 14.000
15 Years and over 17.334
C Accumulated vacation leave shall not exceed 24 times the current rate of each employee, as set out above.

D Accumulated vacation time shall not be used so as to cause an employee to be absent more than a maximum of four (4) consecutive weeks, unless prior written approval is granted by the City Manager.

E During the term of this agreement, upon approval of the City Manager, unit members may convert to cash, up to 120 hours of unused vacation leave each year, provided the employee has excess of 500 hours, 80 hours in excess of 400 hours, and 40 hours in excess of 300 hours of accrued vacation at the time of the request.

F Effective upon ratification of this agreement, sworn safety members (fire) covered by this contract, shall continue to accrue vacation as previously provided for.

CITY OF COMPTON-AFSCME 2325 MOA, July 1, 2019 – June 30, 2024 14 Vacation Entitlement: (Supervisory, Technical, & Professional Classifications Only)
A The Supervisory, Technical, & Professional Employees of this Unit may use vacation leave after the satisfactory completion of six months of continuous service with the CITY. Effective January 1, 2001, permanent full time employees accrue vacation according to the limitations described in the Personnel Rules and Regulations and the following schedule:

B 6 months to 5 years of service: 7.334 hours per month 5-10 years of service: 10.667 hours per month
10-15 years of service: 14.00 hours per month
15 or more years of service: 17.334 hours per month
C No Unit member may earn or accrue more than 24 times the current rate of each employee, as set out above.

D Accumulated vacation time shall not be used so as to cause an employee to be absent more than a maximum of four consecutive weeks, unless prior written approval is granted by the City Manager.

E During the term of this agreement and upon the approval of the City Manager, Unit members may convert to cash, up to 120 hours of unused vacation leave each year, provided the employee has excess of 500 hours, 80 hours in excess of 400 hours, and 40 hours in excess of 300 hours of accrued vacation at the time of the request.

F Supervisory employees may use accrued vacation time on an incremental basis of not less than one (1) hour at a time.

G Technical, & Professional employees may use accrued vacation time on an incremental basis of not less than one (1) hour at a time.

ARTICLE 23. HOLIDAYS
During the term of this Agreement, Unit members shall receive paid holidays in accordance with the City Council resolution establishing a holiday schedule each fiscal year. Employees covered under this Agreement and assigned to the ThreePlatoon Fire Department work schedule shall not be eligible and shall fall under Section B of this Article.

CITY OF COMPTON-AFSCME 2325 MOA, July 1, 2019 – June 30, 2024 15 Independence Day (observed)
Labor Day
Admissions Day Floater
Veteran's Day
Thanksgiving Day
Day Following Thanksgiving Day
Christmas Day/Christmas Day (observed)
New Year's Day/New Year’s Day (observed)
Dr. Martin Luther King Jr.'s Birthday
Lincoln's Birthday
Washington's Birthday (President’s Day)
Cesar Chavez’s Birthday
Cinco de Mayo
Memorial Day
Juneteenth
Employee's Birthday (Birthday Floater)
An “Employee's Birthday Holiday” must be used before the employee’s next birthday (ex. employee’s birthday on 2/1/24 must be used before 1/31/25).

ARTICLE 24. PURGING OF FILES
It is agreed that the CITY shall review personnel files when requested by employees covered under this Agreement, annually, before January 1st of each year in order to seal and/or destroy any reprimands or infractions (excluding serious disciplinary matters, i.e. suspensions, demotions and dismissals) which are citizens' complaints which are at least five years old and have not been repeated in a two year period, or which are internally generated complaints, which are at least two years old and have CITY OF COMPTON-AFSCME 2325 MOA, July 1, 2019 – June 30, 2024 16 not been repeated within that time. It is agreed that any notice of deficiency or letter of reprimand not involving serious disciplinary matters, shall be destroyed after one year provided there are no similar occurrences which are repeated.

ARTICLE 25. UNIFORM ALLOWANCE
Effective upon ratification of this Agreement, safety members covered by this agreement shall continue to receive a uniform allowance at $1,500.00 per year paid quarterly. All other members covered by this agreement that are required to wear a uniform shall receive a uniform allowance at $1000.00 per year paid per quarter.

Supervisory employees who are required to be in the field where safety boots are required one or more times per week shall receive a $275.00 annual boot allowance.

ARTICLE 26. GRIEVANCE PROCEDURE
Chief Executives and Executive Classifications Only:

It is agreed that the CMEA may file a grievance in accordance with the grievance procedures as outlined in the CITY'S Personnel Rules and Regulations dated November 1979 and as subsequently amended, except as follows:

A 10.1 D (2) Final Level Review (Non Severe Disciplinary Grievances and Contract Interpretation Grievances)
B Grievances regarding violation of the contract
The award of the hearing officer or the Personnel Board is binding upon the City Manager.

C Grievances regarding severe discipline
The procedures for handling severe discipline and appeal shall be those outlined in Section 10.2 of the Personnel Rules and Regulations.

Supervisory, Technical, & Professional Classifications Only:

This grievance procedure establishes a means by which an employee's grievance may be considered, discussed and resolved in a timely manner and at the closest possible level to the point of origin.

A A "grievance" shall be defined as a dispute or a disagreement raised by an employee against the employer involving the interpretation or application of CITY OF COMPTON-AFSCME 2325 MOA, July 1, 2019 – June 30, 2024 17 the specific provisions of this Agreement. It is specifically understood that any matters governed by Civil Service rules or statutory provisions shall not be considered grievances and subject to the grievance procedure hereinafter set forth.

Nor shall any disciplinary actions which may be appealed to the Civil Service Board be considered grievances and subject to the grievance procedure herein.

Grievances as herein defined, shall be processed as outlined in Section 10.1 CD of the Personnel Rules and Regulations.

B Severe Discipline Determination and Appeal Procedures The procedures for handling severe discipline and appeal shall be those outlined in Section 10.2 of the Personnel Rules and Regulations. However, Employer and CMEA agree that prior to the effectuation of the appeal procedures set forth in Section 10.2 B (2); members of CMEA shall first submit appeal to an arbitrator. The decision of the arbitrator shall be advisory to the City Manager. If the member is not satisfied with the advised determination made by the City Manager, the member may proceed with the appeal as set forth in Section 10.2 B.

ARTICLE 27. GRIEVANCE ARBITRATION
Grievances which are not settled pursuant to the established procedures above, and where all other informal, internal means of settlement have been exhausted unsuccessfully, and which either party desire to contest further, shall be submitted to arbitration as provided below.

A The matter will go to arbitration if either party files with the other in writing, a demand for such further proceedings within 15 calendar days after the decision provided for by Step 3 of the Grievance Procedure.

As soon as possible, and in any event not later than ten (10) days after either party received written notice from the other of the desire to arbitrate, the parties shall agree upon an arbitrator. If no agreement is reached within said ten (10) days, an arbitrator shall be selected from a list of seven (7) arbitrators submitted by the State Mediation and Conciliation Service by alternate striking of names until one name remains. The City shall be responsible for requesting the list. The party who strikes the first name from the panel shall be determined by lot.

CITY OF COMPTON-AFSCME 2325 MOA, July 1, 2019 – June 30, 2024 18 B The arbitrator shall have no power to amend, change, add to or subtract from any of the terms of this Agreement. The decision of the arbitrator shall be based solely upon the evidence and arguments presented to him by the respective parties in the presence of each other.

C The award of the arbitrator shall be binding for all grievances as defined by this Agreement. Grievances resulting from suspensions, dismissals, and demotion, may be submitted to advisory arbitration, and the decision and award is advisory to the City Manager and City Council.

D The arbitrator may hear and determine only one grievance at a time without the expressed agreement of the CITY and the grievant's representative.

E The parties shall share equally the expense of the cost of arbitration, except that parties shall be responsible for their own Counsel's fees and witness service.

Also, any copies of transcripts of the proceedings other than that provided to the arbitrator, shall be paid solely by the requesting party.

ARTICLE 28. BASE PAY
Salary Adjustment
For the term of this Agreement, there will be the following percent wage increase to base pay for unit members, which shall be reflected in the City’s salary ranges:

For the 2019-2020 fiscal year, there will be zero (0%) percent wage increase to base pay for unit members, which shall be reflected in the City’s salary ranges.

For the 2020-2021 fiscal year, there will be zero (0%) percent wage increase to base pay for unit members, which shall be reflected in the City’s salary ranges.

For the 2021-2022 fiscal year, there will be zero (0%) percent wage increase to base pay for unit members, which shall be reflected in the City’s salary ranges.

For the 2022-2023 fiscal year, there will be seven and one-half (7.5%) percent wage increase to base pay for unit members, effective retroactive to July 1, 2022, which shall be reflected in the City’s salary ranges.

For the 2022-2023 fiscal year, there will be a one time, one and one-half (1.5%) percent off-schedule wage payment for unit members, based on the salary ranges as of June 30, 2022.

CITY OF COMPTON-AFSCME 2325 MOA, July 1, 2019 – June 30, 2024 19 For the 2023-2024 fiscal year, there will be a two (2%) percent wage increase to base pay for unit members, effective retroactive to July 1, 2023, which shall be reflected in the City’s salary ranges.

For the 2023-2024 fiscal year, there will be a one time, one and one-half (1.5%) percent off-schedule wage payment for unit members, based on the salary ranges as of June 30, 2023.

Parity
If any bargaining unit, except Firefighters, receives a total compensation package for the 2022-23 fiscal year exceeding the percentage amount AFSCME Local 2325 agrees to, the difference shall be provided to the unit members. The trigger for parity for this agreement shall be a total percentage pay amount greater than 9.0% for the 2022-2023 fiscal year.

If any bargaining unit, except Firefighters, receives the 1.5% off-schedule payment for the 2022-23 fiscal year, based on the unit’s salary schedule as of July 1, 2022, the unit members shall be entitled to the difference.

If any bargaining unit, except Firefighters, receives a total on schedule total compensation package for the 2023-24 fiscal year exceeding the percentage amount AFSCME Local 2325 agrees to, the difference shall be provided to the unit members.

The trigger for parity for this agreement shall be a total on schedule percentage pay amount greater than 2.0% for the 2023-2024 fiscal year.

If any bargaining unit, except Firefighters, receives a total off schedule total compensation package for the 2023-24 fiscal year exceeding the percentage amount AFSCME Local 2325 agrees to, the difference shall be provided to the unit members.

The trigger for parity for this agreement shall be a total off schedule percentage pay amount greater than 1.5% for the 2023-2024 fiscal year.

If any bargaining unit, except Firefighters, receives the 1.5% off-schedule payment for the 2023-24 fiscal year, based on the unit’s salary schedule as of July 1, 2023, the unit members shall be entitled to the difference.

CITY OF COMPTON-AFSCME 2325 MOA, July 1, 2019 – June 30, 2024 20 ARTICLE 29. RETIREMENT
The CITY shall provide Classic California Public Employees’ Retirement System (CalPERS) members1 who are covered by this MOA, the 2.7% at 55-retirement plan of CalPERS. The CITY shall provide employees who are new CalPERS members2 who are covered by this MOA, the 2% at 62-retirement plan of CalPERS. The CITY shall continue to pay the employee’s portion of retirement contributions to CalPERS for Classic CalPERS members who are employed in a classification represented by the CMEA through the life of this agreement. The amount paid by the CITY to defray the cost of an employee’s portion of retirement contributions shall not exceed 8% of the employee’s monthly earnings from the CITY, except for Fire Protection Specialists II, which shall not exceed 9%. The CITY shall provide for all safety personnel/sworn members of the City Fire Department, who are covered by this MOA, and who are eligible for the CALPERS 3% at 50-retirement plan of CalPERS. This plan is codified at California Government Code section 21362.2. Employees defined as new CalPERS members shall pay their portion of contribution to the CalPERS retirement. The City shall continue to utilize one-year final compensation for PERS classic members.

ARTICLE 30. PERSONAL DEVELOPMENT (Chief Executives and Executive Classifications Only)
Chief Executive Employees shall receive an annual personal development benefit that may be used for activities that are determined by the City Manager to mutually benefit the employee and the CITY. Effective upon ratification of this agreement, seven (7) Executive employees per calendar year shall receive an annual personal development benefit on a rotating basis.

ARTICLE 31. PERSONAL LEAVE DAYS (Chief Executives and Executive Classifications Only)
A Unit members shall accrue Personal Leave days as follows:

Chief Executive Employees 8 days per year
Executive Employees 8 days per year
Personal leave days shall be accrued at the beginning of each calendar year. 1 Classic members are defined as current CalPERS members who were active prior to January 1, 2013 or individuals from reciprocal agencies who were active prior to January 1, 2013. 2 New members are defined as new hires who are brought into CalPERS membership for the first time on or after January 1, 2013, and who have no prior membership in any other California public retirement system.

CITY OF COMPTON-AFSCME 2325 MOA, July 1, 2019 – June 30, 2024 21 Personal leave days are not cumulative in nature and cannot be carried into the following year.

ARTICLE 32. EDUCATIONAL REIMBURSEMENT
The CITY shall continue to provide an educational reimbursement benefit of $3,000.00 per fiscal year.

A Payment

1. Employees enrolling in courses eligible for tuition reimbursement may be required to apply, for funds for said purpose from alternate sources, if available. Such sources may include, but is not limited to, State and Federal governments, inclusive of scholarship monies and Veteran’s benefits programs.

2. Reimbursement shall cease whenever an employee is promoted to a position with the CITY where the education level earned is an established prerequisite for the position.

3. Whenever an employee is required by the CITY to enroll in a course in order to obtain the requisite skills which have been determined to be necessary in order to effectively function in the job, he/she shall be fully reimbursed by the CITY.

B All Course Eligible for Payment under this Section Shall

1. Be reviewed and approved by the employing department and the Human Resources Department prior to enrollment in the course.

2. Be initiated and completed while in the employ of the City of Compton.

3. Be completed at the minimum letter grade of “C” or with a “pass” if enrolled on a pass/fail basis.

4. Reimbursement shall be made only for course work, which is completed at accredited high schools, junior colleges, colleges or universities, trade schools, or through other institutions approved by the Human Resources Department.

CITY OF COMPTON-AFSCME 2325 MOA, July 1, 2019 – June 30, 2024 22 5. Approval of an application for reimbursement is contingent upon availability of funds and the employee’s successful completion of the course as specified in these provisions.

C Procedure

1. The employee should make every effort to obtain an “After Hours Education” application at least one month prior to enrolling classes.

Employee requests are to be placed on an eligibility list for this program. The employee submits the application to the department manager.

2. The department notes whether the course is job related or promotion related, then approves or disapproves the application and forwards such to the Human Resources Department.

3. The Human Resources Department examines the application noting the department manager’s recommendation and secures a cost estimation of the course.

4. If the application is disapproved, notice is sent to employee, stating the reasons for disapproval. If approved, the Human Resources Department briefs the employee on the reimbursement procedure.

The employee submits receipts for tuition, books, and application fees to the Human Resources Department within three weeks after beginning classes.

5. The Human Resources Department records and returns the receipts to the employee.

6. Upon successful completion of the course, the employee submits to the Human Resources Department a transcript of the course grade (or completion certificates).

7. The Human Resources Department records and returns the grade (or certificate of completion) to the employee and submits a request for warrant to cover the expenses allowed by the policy statements.

8. The Human Resources Department sends a congratulatory letter to the employees for successful completion of the course.

CITY OF COMPTON-AFSCME 2325 MOA, July 1, 2019 – June 30, 2024 23 9. A record of the courses completed and grades attained are prepared; one copy is placed in the employee’s personnel file, and a copy is forwarded to the department manager.

ARTICLE 33. BILINGUAL ASSIGNMENT – (Supervisory, Technical, & Professional Classifications Only)
A The CITY agrees to pay $46.15 bi-weekly ($100.00/monthly) to Unit members when assigned to provide bilingual services. Employees shall be required to pass a qualifying examination administered by the CITY to determine proficiency for bilingual assignment.

B Employees committed to the bilingual assignments shall be obligated to provide such service to the CITY as needed.

C A differential of $92.31 bi-weekly ($200.00 per month) will be paid to the unit members who obtain a certificate showing oral and written competence in Spanish from an institution in the state of California approved by the Human Resources Department, when assigned to provide bilingual services.

Unit members currently receiving bilingual pay under the provisions of "A" above will be eligible to receive payment of $92.31 bi-weekly if they can demonstrate written competence in Spanish as determined by the Human Resources Director.

ARTICLE 34. LICENSES AND CERTIFICATIONS (Certain Supervisory, Technical, & Professional Classifications Only)
A Unit members assigned to work requiring specified duties which require skills and abilities not contemplated in the Unit member's normal job specifications in the areas described in this Article shall receive premium pay only while so assigned. A Unit member must possess the required certifications as set forth by the Department Head to be assigned and to receive such compensation.

Such premium pay shall be for the hours actually worked in that assignment.

Assignment and reassignment shall be made by the Department Head, subject to the approval of the City Manager. A Fire Protection Specialist , Arson Investigator 5% per month. Such premium pay shall for hours actually worked in the assignment. Assignment and reassignment shall be made by the Fire Chief, subject to the approval of the City Manager.

B A Fire Protection Specialist who obtains a Hazardous Material Technician as issued by Cal-OES/Cal-EMA shall receive a bonus of 5% per month. In order to retain this bonus, the Fire Protection Specialist must maintain the CITY OF COMPTON-AFSCME 2325 MOA, July 1, 2019 – June 30, 2024 24 certification and continue to serve and participate in the City's Hazardous Material Unified Program.

C Fire Protections Specialist who obtain Industrial Waste Inspector certification as issued by CalEPA shall receive a bonus of $200.00 per month. In order to retain this bonus, the Fire Protection specialist must maintain the certification and continue to serve and participate in the City's Industrial Waste Fat Oil and Grease Program.

D Fire Protection Specialist who obtains an EMT-B certification and uses such certification while performing the duties of a Fire Protection Specialists shall receive a monthly bonus of $300.00 per month. In order to retain this certification, the Fire Protection Specialist must maintain this certification.

ARTICLE 35. MOVE-UP ASSIGNMENT (Supervisory, Technical, & Professional Classifications Only)
When assigned by the department head, an acting or move-up assignment must be initiated by a Personnel Action form and must be for a minimum of eighty (80) hours.

Whenever an employee of the Unit is given an acting assignment to that position the employee shall receive compensation fixed by the employee's department manager.

The compensation shall be fixed within the higher salary range of the position movedup to and shall be an increase of no less than seven (7%) percent of the employee's regular base salary. The employee shall receive a City-issued cell phone while serving in the acting/move-up assignment and must return the phone when the acting/moveup assignment ends.3 Whenever the Fire Protection Specialist II is required to work the duties normally assigned to the Fire Marshall classification - move-up pay shall be granted equivalent to the Fire Captain - Step A.

Within 90-days of ratification of this MOU, the parties shall meet and confer, on a mutually agreed upon schedule, to continue discussions regarding CMEA's request for special assignment pay for certain unit positions.

ARTICLE 36. EMPLOYMENT VACANCIES
Vacancies in the Classified Service shall be filled by the method prescribed in Rule

6.2a and 6.6a of the City of Compton’s Personnel Rules and Regulations. 3 The employee’s use of the City issued cellphone is subject to the standard City Rules & Regulations regarding use of City Technology. Employee has no expectation of privacy regarding the City issued cellphone.

CITY OF COMPTON-AFSCME 2325 MOA, July 1, 2019 – June 30, 2024 25 ARTICLE 37. CONTRACTING AND SUBCONTRACTING (Supervisory, Technical, & Professional Classifications Only)
CMEA recognizes that the CITY has statutory and charter rights and obligations in contracting for matters relating to municipal operations. The right of contracting and subcontracting is vested in the CITY. The right to contract or subcontract shall not be used for the purpose or intention of undermining CMEA nor to discriminate against any of its members. The CITY further agrees that it will not lay off any employees who have completed their probationary periods and have regular civil service status at the time of the execution of this Agreement because of the exercise of its contracting or subcontracting rights, except in the event of an emergency, strike or work stoppage, or essential public need where it is uneconomical for City employees to perform said work.

ARTICLE 38. STANDBY/CALL BACK (Fire Protection Specialist Classification Only)
Unit members in the Fire Protection Specialist classification shall be granted a minimum of two hours compensatory time each time they are called back to work during periods other than normal working hours.

The intent here is for a unit member to earn minimum of two hours for each time called back; however, if the employee is called back and works two or more hours, they will be paid for the actual hours worked. This provision only applies when the employee is called back and required to work less than two full hours.

Within 90-days of ratification of this MOU, the parties shall meet and confer, on a mutually agreed upon schedule, to continue discussions regarding CMEA’s request for standby/callback pay for additional unit members.

ARTICLE 39. ZIPPER CLAUSE
The parties acknowledge that during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter removed by law from the area of collective bargaining, and that the understandings and agreement arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement.

Therefore, the CITY and the CMEA, for the life of this Agreement, each agrees that the other shall not be obligated to bargain collectively with respect to any subject matter referred to or covered in this Agreement pertaining to rates, wages, hours, and terms and conditions of employment or any subject or matter not specifically referred to or covered in this Agreement, even though such subject or matter may not have CITY OF COMPTON-AFSCME 2325 MOA, July 1, 2019 – June 30, 2024 26 been within the knowledge or contemplation of either or both of the parties at the time that they negotiated or signed this Agreement.

ARTICLE 40. EMPLOYEE TITLES

CHIEF EXECUTIVE EMPLOYEES

CLASSIFICATION TITLE

SALARY RANGE

EFFECTIVE DATE
07/01/21 07/01/22 07/01/23
Budget Officer 175 175 A 177A
Chief Building Official 220 220 A 222 A
Chief of Staff 200 200 A 202 A
City Controller 229 229 A 231 A
City Engineer 220 220 A 222 A
Community Development Director 221
Community Improvement Services Director 187 187 A 189 A Community Services Director 200 200 A 202 A
Deputy Director of Public Works and Municipal
Utilities
192 192 A 194 A
Director of Community Development 221 221 A 223 A
Director of Economic and Grants Management
Services
200 200 A 202 A
Director of Employment and Training Services 180 180 A 182 A Director of General Services 192 192 A 194 A
Director of Information Systems 182 182 A 184 A
Director of Municipal Law Enforcement Services 178 178 A 179 A Director of Parks and Recreation 204 204 A 206 A
Director of Planning and Economic Development 203 203 A 205 A Director of Public Works and Municipal Utilities 220 220 A 222 A Director of Recreation 192 192 A 194 A
Director of Redevelopment 188 188 A 190 A
Fire Chief 225 225 A 227 A
Housing Director 188 188 A 190 A
Human Resources Director 212 212 A 214 A
Municipal Services Director 200 200 A 202 A
Planning Director 184 184 A 186 A
Police Chief 242 242 A 244 A
CITY OF COMPTON-AFSCME 2325 MOA, July 1, 2019 – June 30, 2024 27 EXECUTIVE EMPLOYEES
Special Services Supervisor 149 149 A 151 A
Street Superintendent 176 176 A 178 A
Superintendent of Recreation 150 150 A 152 A
Water Department General Manager 220 220 A 222 A

CLASSIFICATION TITLE

SALARY RANGE

EFFECTIVE DATE
07/01/21 07/01/22 07/01/23
Assistant City Engineer 178 178 A 180 A
Assistant Director of Employment and Training
Services
153 153 A 155 A
Assistant Police Chief 203 203 A 205 A
Assistant Water Department General Manager 166 166 A 168 A Cable and Public Affairs Manager 178 178 A 180 A
Chief Deputy City Attorney 203 203 A 205 A
Chief Deputy City Clerk 149 149 A 151 A
Chief Deputy City Treasurer 149 149 A 151 A
Chief Executive Assistant 210 210 A 212 A
Community Development and Planning
Coordinator
166 166 A 168 A
Data Processing Division Supervisor 179 179 A 181 A
Deputy City Attorney I 158 158 A 160 A
Deputy City Attorney II 173 173 A 175 A
Deputy City Attorney III 188 188 A 190 A
Deputy City Controller 176 176 A 178 A
Deputy Director of General Services 153 153 A 155 A
Deputy Director of Parks and Recreation 171 171 A 173 A Deputy Director of Redevelopment 178 178 A 180 A
Deputy Director of Public Works & Municipal
Utilities
190 190 A 192 A
Deputy Fire Chief 197 197 A 199 A
Deputy Housing Director 156 156 A 158 A
Deputy Planning Director 169 169 A 171 A
Fire Battalion Chief 186 186 A 188 A
CITY OF COMPTON-AFSCME 2325 MOA, July 1, 2019 – June 30, 2024 28 SUPERVISORY EMPLOYEES
Grants Compliance Manager 167 167 A 169 A
Grants Manager 167 167 A 169 A
Housing Manager 166 166 A 168 A
Housing Services Supervisor 146 146 A 148 A
Human Resources Analyst 156 156 A 158 A
Internal Auditor 159 159 A 161 A
Legal Analyst/Police Inspector 185 185 A 187 A
Planning Manager 168 168 A 170 A
Police Records Supervisor 171 171 A 173 A
Purchasing Manager 183 183 A 185 A
Redevelopment Manager 168 168 A 170 A
Risk Manager 194 194 A 196 A
Special Assistant to the City Manager 154 154 A 156 A
Special Services Manager 178 178 A 180 A
Superintendent of Parks 150 150 A 152 A
Workers' Compensation Claims Administrator 177 177 A 179 A

CLASSIFICATION TITLE SALARY RANGE

EFFECTIVE DATE
07/01/21 07/01/22 07/01/23
Accounting Supervisor 166 166 A 168 A
Assistant Recycling Coordinator 127 127 A 129 A
Associate Civil Engineer 143 143 A 145 A
Associate Traffic Engineer 134 134 A 136 A
Building Inspector II 140 140 A 142 A
Building Maintenance Supervisor 149 149 A 151 A
Business Licensing Supervisor 140 140 A 142 A
Cable Production Supervisor 137 137 A 139 A
Claims Examiner 138 138 A 140 A
Code Enforcement Manager 177 177 A 179 A
Code Enforcement Officer II 140 140 A 142 A
Community Center Supervisor 97 97 A 99 A
Community Development Block Grant Coordinator 153 153 A 155 A CITY OF COMPTON-AFSCME 2325 MOA, July 1, 2019 – June 30, 2024 29 Community Development Specialist 141 141 A 143 A
Computer Technician 139 139 141 A
Construction and Maintenance Supervisor 158 158 A 160 A Contract Administrator 158 158 A 160 A
Contract Compliance Officer 133 133 A 135 A
Cross-Connection Control Investigator 137 137 A 139 A
Custodian Foreman 129 129 A 131 A
Customer Services Supervisor 133 133 A 135 A
Data Processing Equipment Supervisor 124 124 A 126 A
Deputy City Clerk 133 133 A 135 A
Deputy City Treasurer 133 133 A 135 A
Development Services Coordinator 145 145 A 147 A
Economic Development Specialist 138 138 A 140 A
Emergency Management Coordinator 153 153 A 155 A
Equipment Maintenance Supervisor 146 146 A 148
Executive Assistant 133 133 A 135 A
Financial Analyst 151 151 A 153 A
Fire Protection Specialist I 128 128 A 130 A
Fire Protection Specialist II 143 143 A 145 A
Fiscal Coordinator 138 138 A 140 A
Grants Coordinator 138 138 A 140 A
Help Desk Technician 112 112 A 114 A
Housing Services Supervisor 146 146 A 148 A
Housing Rehabilitation Supervisor 147 147 A 149 A
Information Systems Engineer/Administrator 176 176 A 178 A Legislative Analyst 139 139 A 141 A
Liability Claims Coordinator 152 152 A 154 A
Maintenance Superintendent 147 147 A 149 A
Mechanic Foreman 129 129 A 131 A
Neighborhood Center Manager 126 126 A 128 A
Paralegal 146 146 A 148 A
Parks Maintenance Supervisor 144 144 A 146 A
Payroll Services Supervisor 139 139 A 141 A
Printing Services Supervisor 149 149 A 151 A
Programmer Analyst 138 138 A 140 A
Project Manager 160 160 A 162 A
CITY OF COMPTON-AFSCME 2325 MOA, July 1, 2019 – June 30, 2024 30 Within 60-days of execution of this Tentative Agreement, the parties shall meet and confer, on a mutually agreed upon schedule, to continue discussions regarding the inclusion of certain classification titles in this Article.

The parties agree the revised salary ranges will be included in this Article prior to the ratification of the MOA.

The “A” placed next to the salary ranges represents the transition to a new salary schedule that corresponds to a 7.5% on-schedule base wage salary increase.

Purchasing Officer 150 150 A 152 A
Recreation Supervisor 128 128 A 130 A
Recycling Coordinator 139 139 A 141 A
Security Services Supervisor 139 139 A 141 A
Senior Administrative Analyst 151 151 A 153 A
Senior Building Inspector 166 166 A 168 A
Senior Civil Engineer 165 165 A 167 A
Senior Community Development Specialist 156 156 A 158 A Senior Economic Development Specialist 153 153 A 155 A
Senior Housing Specialist 139 139 A 141 A
Senior Personnel Technician 124 124 A 126 A
Senior Planner 166 166 A 168 A
Senior Program Development Specialist 158 158 A 160 A
Senior Rehabilitation Loan Officer 140 140 A 142 A
Special Events Coordinator 112 112 A 114 A
Street Foreman 128 128 A 130 A
Street Maintenance Supervisor 144 144 A 146 A
Systems Coordinator 158 158 A 160 A
Traffic and Lighting Foreman 142 142 A 144 A
Traffic Engineer 158 158 A 160 A
Water Construction and Maintenance Supervisor 151 151 A 153 A Water Operation and Division Supervisor 158 158 A 160 A Water Production and Distribution Supervisor 158 158 A 160 A CITY OF COMPTON-AFSCME 2325 MOA, July 1, 2019 – June 30, 2024 31 ARTICLE 41. TERM AND EFFECT OF AGREEMENT
This Agreement shall be in full force and effect, commencing July 1, 2019, and concluding on June 30th, 2024. All terms and conditions agreed to in this Memorandum of Agreement shall remain in effect until a successor Memorandum of Agreement is agreed to, or until such time as the City may implement changes in this Memorandum of Agreement by unilateral implementation through impasse.

This Agreement constitutes the total and entire agreement between the parties, except as otherwise provided for by side-letter, and no verbal statement shall supersede any of its provisions.

ARTICLE 42. NEW EMPLOYEE ORIENTATION
“New Employee Orientation” means the onboarding process of a group of newly hired public employees, whether in person, online, or through other means and mediums, in which employees are advised of their employment status, rights, benefits, duties and responsibilities, or any other employment-related matter.

During each calendar month, the City shall inform the CMEA if any employees have been hired into the bargaining unit during that respective month. If any employee(s) have been hired, the City shall provide Union access to any new employee orientations that may be held. The CMEA shall receive not less than ten (10) calendar days’ notice in advance of a monthly orientation, except that shorter notice may be provided in a specific instance where there is an urgent need critical to the City’s operations that was not reasonably foreseeable. The notice shall be sent via email to the President, Vice-President, and Secretary at the following email addresses:
[email protected]; [email protected]; & [email protected] The City will provide CMEA representatives up to thirty (30) minutes exclusive time (without City management representatives present) with any new bargaining unit employees to explain the coverage of this Agreement, obligations and benefits of CMEA membership and provide all other pertinent information to the employees regarding the CMEA. Such time may be scheduled in a meeting room or other space provided by the City.

Release time shall be granted for stewards to participate in the new employee orientations.

CITY OF COMPTON-AFSCME 2325 MOA, July 1, 2019 – June 30, 2024 32 Subject to the foregoing, this Memorandum of Agreement is hereby executed by the authorized representatives of the City of Compton and the Union, and entered into this ____________ day of _________ 2024.

FOR CITY FOR AFSCME 2325
__________________________________ _________________________ Willie Hopkins Jr., City Manager Desmond Fletcher, President __________________________________ _________________________ Triphenia Simmons, Assistant City Manager Bob Adams, Business Representative/AFSCME Council
36 __________________________________
Eric J. Perrodin, City Attorney
RESOLUTION NO. __________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

COMPTON APPROVING A MEMORANDUM OF AGREEMENT
(MOA) BETWEEN THE CITY OF COMPTON AND THE

COMPTON MANAGEMENT EMPLOYEES ASSOCIATION,
CMEA/AFSCME, LOCAL 2325, AFL-CIO, COUNCIL 36, FOR
FISCAL YEARS 2019-2024
WHEREAS, the City of Compton has fulfilled its meet and confer obligations as required by the Meyers-Millais-Brown Act; and WHEREAS, the negotiations have resulted in an agreement with the City of Compton and Compton Management Employees Association, CMEA/AFSCME, Local 2325, AFL- CIO, Council 36; and
WHEREAS, the previous union agreement between the City and Compton Management Employees Association, CMEA/AFSCME, Local 2325, AFL- CIO, Council 36 expired on June 30, 2019; and
WHEREAS, the City of Compton and Compton Management Employees Association, CMEA/AFSCME, Local 2325, AFL- CIO, Council 36 have reached an agreement on a five (5) year Memorandum of Agreement; and WHEREAS, it is in the best interest of the City to adopt this agreement as proposed; and
WHEREAS, the estimated fiscal impact of the 7.5% base pay increase for Compton Management Employees Association, CMEA/AFSCME, Local 2325, AFL- CIO, Council 36 for fiscal year 2022-2023 is Salary Adjustment of $328,044, Overtime Adjustment of $8,852, Payroll Taxes of $17,058, Retirement of $36,774, PERS Pickup of $22,963 for a total of $413,691; and WHEREAS, the estimated fiscal impact of the 1.5% off schedule payment for Compton Management Employees Association, CMEA/AFSCME, Local 2325, AFL- CIO, Council 36 for fiscal year 2022-2023 is a Wage Payment of $51,154, Payroll Taxes of $2,660 for a total of $53,814.00; and
WHEREAS, the total estimated fiscal year 2022-2023 impact for the Compton Management Employees Association, CMEA/AFSCME, Local 2325, AFL- CIO, Council 36 employees is $467,505.00
WHEREAS, the estimated fiscal impact of the 2% base pay increase for Compton Management Employees Association, CMEA/AFSCME, Local 2325, AFL- CIO, Council 36 for fiscal year 2023-2024 is Salary Adjustment of $291,492, Overtime Adjustment of $7,201, Payroll Taxes of $15,158, Retirement of $36,728, PERS Pickup of $22,591 for a total of $373,169; and WHEREAS, the estimated fiscal impact of the 1.5% off schedule payment for Compton Management Employees Association, CMEA/AFSCME, Local 2325, AFL- CIO, Council 36 for fiscal year 2023-2024 is a Wage Payment of $70,578, Payroll Taxes of $3,670 for a total of $74,248; and
WHEREAS, the total estimated fiscal year 2023-2024 impact for the Compton Management Employees Association, CMEA/AFSCME, Local 2325, AFL- CIO, Council 36 employees is $447,417.

WHEREAS, As a result of these contract increases, across all contracts being presented, budgetary appropriations are being exceeded by what is currently budgeted by approximately $1.5 million. A budget amendment will be brought forward prior to year end to appropriate the additional funding necessary for Council approval.

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

Section 1. That the City Council of the City of Compton does hereby approve the Memorandum of Agreement executed by the representatives of the Compton Management Employees Association, CMEA/AFSCME, Local 2325, AFL- CIO, Council 36, a copy of which is attached hereto and incorporated herein by reference.

Section 2. That the City Manager is hereby directed to execute and implement the Memorandum of Agreement in accordance with the provisions of this Resolution.

Section 3. That this Resolution and the Memorandum of Agreement incorporated herein shall supersede any provisions of previously adopted City policies that conflict with the provisions of this Memorandum of Agreement.

Section 4. That a certified copy of this Resolution shall be forwarded to the offices of the City Attorney, City Clerk, City Manager, City Controller, Compton Management Employees Association, CMEA/AFSCME, Local 2325, AFL- CIO, Council 36 and the Human Resources Department.

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

ADOPTED this ________ day of ____________, 2024.
_______________________________

MAYOR OF THE CITY OF COMPTON
ATTEST:
___________________________________

CITY CLERK OF THE CITY OF COMPTON

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF COMPTON: )
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: COUNCIL MEMBERSNOES: COUNCIL MEMBERSABSENT: COUNCIL MEMBERSABSTAIN: COUNCIL MEMBERS- ____________________________________

CITY CLERK OF THE CITY OF COMPTON
RESOLUTION NO. __________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

COMPTON APPROVING AN AMMENDMENT TO THE SALARY

PLAN FOR UNREPRESENTED EMPLOYEES OF THE CITY OF
COMPTON, FOR FISCAL YEARS 2019-2024.

WHEREAS, the City of Compton has completed bargaining for the fiscal years of 2019-2024 with the four (4) local unions; and
WHEREAS, the negotiations have resulted in an agreement all unions to increase the salaries; and
WHEREAS, the City Manager has agreed to provide a salary increase to Unrepresented Employees within the City of Compton; and WHEREAS, it is in the best interest of the City to adopt this agreement as proposed; and
WHEREAS, the estimated fiscal impact of the 7.5% base pay increase for Unrepresented Employees for fiscal year 2022-2023 is for Salary Adjustment of $51,631, Overtime Adjustment of $96, Payroll Taxes of $17,058, Retirement of $5,788, and PERS Pickup of $3,614 for a total of $63,815.00; and WHEREAS, the estimated fiscal impact of the 1.5% off schedule payment for Unrepresented Employees for fiscal year 2022-2023 is a Salary Adjustment of $7,877, and Payroll Taxes of $410 for a total of $8,826.00; and WHEREAS, the estimated fiscal impact of the 2% base pay increase for Unrepresented Employees for fiscal year 2023-2024 is a Salary Adjustment of $59,351, Overtime Adjustment of $141, Payroll Taxes of $3,086, Retirement of $7,478 and PERS Pickup of $4,600 for a total of $74,656.00; and WHEREAS, the estimated fiscal impact of the 1.5% off schedule payment for Unrepresented Employees for fiscal year 2023-2024 is a Salary Adjustment of $14,284 and Payroll Taxes of $743 for a total of $15,026; and WHEREAS, As a result of these contract increases, across all contracts being presented, budgetary appropriations need to be increased by approximately 1.5 million. A budget amendment will be brought forward for Council’s consideration prior to year end.
.

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

Section 1. That the City Council of the City of Compton does hereby approve the Amendment to the Salary Plan for Unrepresented Employees within the City of Compton, a copy of which is attached hereto and incorporated herein by reference.

Section 2. That the City Manager is hereby directed to execute and implement the Amendment to the Salary Plan.

Section 3. That a certified copy of this Resolution shall be forwarded to the offices of the City Clerk, City Attorney, City Manager, City Controller, and the Human Resources Department.

Section 4. That the Mayor shall sign and the City Clerk shall attest to the adoption of this Resolution.

4. 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 ) ss
CITY OF COMPTON: )
I, Vernell McDaniel, City Clerk of the City of Compton, hereby certify that the foregoing Resolution was adopted by the City Council of the City of Compton, signed by the Mayor and attested by the City Clerk at a regular meeting thereof held on the _______ day of ________________, 2024.

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

AYES: COUNCIL MEMBERSNOES: COUNCIL MEMBERSABSENT: COUNCIL MEMBERSABSTAIN: COUNCIL MEMBERS- ____________________________________

CITY CLERK OF THE CITY OF COMPTON
March 26, 2024
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: CITY MANAGER
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON

APPROVING AN AMMENDMENT TO THE SALARY PLAN FOR

UNREPRESENTED EMPLOYEES OF THE CITY OF COMPTON, FOR
FISCAL YEARS 2019-2024.

SUMMARY
The City Council will consider this Resolution adjusting the salary plan for Unrepresented Employees of the City of Compton.

BACKGROUND
The City of Compton has four (4) union locals representing most miscellaneous (nonsworn) employees. The proposed resolution is to address the salaries of employees whose positions are not bargained for by those unions.

STATEMENT OF THE ISSUE
Over the past few years, the City negotiated with the 4 local unions representing most City of Compton employees. In an effort to be equitable, the City as agreed to provide comparable increases to the Unrepresented Employees of the City. The proposed salary amendments must now be approved by the City Council, at which point the updated salary schedule can be executed and implemented.

FISCAL IMPACT
The on-schedule fiscal impact of the 7.5% base pay increase for Unrepresented Employees for fiscal year 2022-2023 is as follows:

Salary Adjustment $51,631
Overtime Adjustment $96.00
Payroll Taxes $17,058.00
Retirement $5,788
PERS Pickup $3,614
TOTAL $63,815
The off-schedule fiscal impact of the 1.5% payment for Unrepresented Employees, with the exception of seasonal employees,
Staff Report – Unrepresented Employees
March 26, 2024, Page 2
for fiscal year 2022-2023 is as follows
Salary Adjustment $7,877.00
Payroll Taxes $410.00
TOTAL $8,286
The on-schedule fiscal impact of the 2.0% base pay increase for Unrepresented Employees for fiscal year 2023-2024 is as follows:

Salary Adjustment $59,351
Overtime Adjustment $141
Payroll Taxes $3,086
Retirement $7,478
PERS Pickup $4,600
TOTAL $74,656
The off-schedule fiscal impact of the 1.5% payment Unrepresented Employees for fiscal year 2023-2024 is $15,026.00. This is for all unrepresented employees, with the exception of seasonal employees.

Salary Adjustment $14,284
Payroll Taxes $743.00
TOTAL $15,026
As a result of these contract increases, across all contracts being presented, budgetary appropriations need to be increased by approximately 1.5 million. A budget amendment will be brought forward for Council’s consideration prior to year end.

RECOMMENDATION
Staff recommends approval of the attached Resolution amending the salary plan for Unrepresented Employees of the City of Compton.

DONALD J. GRADY

HUMAN RESOURCES DIRECTOR
APPROVED FOR FORWARDING:

WILLIE A. HOPKINS JR.

CITY MANAGER
April 9, 2024
TO: MAYOR AND CITY COUNCIL MEMBERS
FROM: MUNICIPAL WATER DEPARTMENT
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AMENDING THE MUNICIPAL WATER DEPARTMENT’S ARPA FISCAL
YEAR 2023-2024 BUDGET, AUTHORIZE THE CITY MANAGER TO

ENTER INTO A SERVICES AGREEMENT AND TO ESTABLISH A

PURCHASE ORDER WITH IMPACT OVERHEAD DOOR SERVICE FOR

ENTRY GATE REPAIR SERVICES AT KEY WATER DEPARTMENT

FACILITIES IN AN AMOUNT NOT TO EXCEED TWENTY-NINE
THOUSAND DOLLARS ($29,000)

SUMMARY
The City Council will consider a resolution authorizing the City Manager to amend the Municipal Water Department’s ARPA Fiscal Year 2023-2024 Budget, to enter into a Services Agreement, and to establish a purchase order with Impact Overhead Door Service for entry gate repair and maintenance services in an amount not to exceed Twenty-Nine Thousand Dollars ($29,000), which includes Twenty-Six Thousand Three Hundred Twelve Dollars ($26,312) for the gate work and Two Thousand Six Hundred Eighty-Eight Dollars ($2,688) for additional ground loops.

BACKGROUND
The City's water system currently contains facilities such as reservoirs and pump stations that require secure access control to restrict unauthorized entry. Properly functioning entry gates are crucial at these facilities, especially considering the recent occurrences of break-ins. The incidents have raised concerns about the security and safety of the water system infrastructure. Additionally, the presence of transients and the discovery of hazardous waste in the vicinity has the potential to pose a significant risk to water contamination and vandalism.

To address these concerns and to ensure continued security of the water system infrastructure, the City has need to contract with an experienced vendor for maintenance and repair services for the entry gates at key water facilities. Impact Overhead Door Service has responded to this need by submitting a proposal to provide gate repair and maintenance services.

5. Staff Report – Impact Overhead Door Service
April 9, 2024
2 The annual budget is a planning document that is used to fund policies and programs as directed by the City Council, and is based upon assumptions and projections. As a result of daily monitoring, staff periodically has the need to revise expenditures and to make necessary budget corrections and/or amendments. The Department will use ARPA (American Rescue Plan Act) funds for this project which considers water facility safety as eligible use.

STATEMENT OF THE ISSUE
On November 29, 2023, the Municipal Water Department solicited price quotes for entry gate repair services. Water Department staff contacted three (3) reputable gate repair and maintenance companies:
 A-1 Fence Company
 Commercial Door Company
 Impact Overhead Door Service
Impact Overhead Door Service was the only company to respond to the request for entry gate repair and maintenance services with the following quote:

Vendor Amount
Impact Overhead Door Service $29,000
($26,312 for gate repairs and $ 2,688 for ground loops Total $29,000) Impact Overhead Door Service has been in business since 2001, and asserts it has extensive experience providing commercial and industrial door and gate services.

The services to be provided by Impact Overhead Door Service will include:
 Furnish and install two swing gate operators
 Install accessories like controller, sensors, locks, battery backup  Provide transmitter remotes
 Trenching and conduit work
 Testing and adjustments
 1-year warranty on parts and labor
The following budget transactions are necessary in order to transfer funds between ARPA accounts to pay contracts and purchase items needed that will increase the level of Staff Report – Impact Overhead Door Service
April 9, 2024
3 security at the water sites. The adjustments will not affect the balanced budget for Fiscal Year 2023-2024:

Decrease Budget Account
o 2810-860-000-4391 Capital Outlay- Other $29,000.00
Increase Budget Account
o 2810-860-000-4236 Maintenance/Repair $29,000.00
ARPA FUND – Drinking Water State Revolving Fund Eligible Uses:

Water Security Projects
Installation of security measures to protect infrastructure and prevent vandalism or purposeful contamination of the drinking water, such as:
o Fencing and gates
o Lighting
o Cameras
o Closed circuit television
Per ARPA guidelines, this expense is an investment in the water reservoir infrastructure and it includes improvements that increase the capacity of existing infrastructure and extends the useful life of existing infrastructure.

FISCAL IMPACT
The Municipal Water Department has a balanced budget and the recommendations are cost neutral to the ARPA funds and do not have a negative impact on the City’s 2023- 2024 Fiscal Year Budget.

After the transfer of funds in the amount of Twenty-Nine Thousand Dollars ($29,000) are allocated in ARPA (American Rescue Plan Act) Account 2810-86-0000-4236- Maintenance/Repair for this expenditure, a purchase order will be established for Impact Overhead Door Service for the repair of gates and ground loops at key water facilities.

Decrease Budget Account
o 2810-860-000-4391 Capital Outlay- Other $29,000.00
Increase Budget Account
o 2810-860-000-4236 Maintenance/Repair $29,000.00

RECOMMENDATIONS
Staff recommends that the City Council adopt the attached Resolution authorizing the Staff Report – Impact Overhead Door Service
April 9, 2024
4 City Manager to make budget amendments to the Water Department’s Fiscal Year 2023- 2024 ARPA Budget, to authorize the City Manager to enter into a Services Agreement with Impact Overhead Door Service and to issue a purchase order in the amount of Twenty-Nine Thousand Dollars ($29,000.00) for the services stated within their proposal.

JOSE GARFIAS

INTERIM- WATER DEPARTMENT GENERAL MANAGER
APPROVED FOR FORWARDING:

WILLIE A. HOPKINS, JR.

CITY MANAGER
RESOLUTION NO. _______________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

COMPTON AMENDING THE MUNICIPAL WATER
DEPARTMENT’S ARPA FISCAL YEAR 2023-2024 BUDGET,

AUTHORIZE THE CITY MANAGER TO ENTER INTO A SERVICES

AGREEMENT AND TO ESTABLISH A PURCHASE ORDER WITH

IMPACT OVERHEAD DOOR SERVICE FOR ENTRY GATE

REPAIR SERVICES AT KEY WATER DEPARTMENT FACILITIES

IN AN AMOUNT NOT TO EXCEED TWENTY-NINE THOUSAND
DOLLARS ($29,000)
WHEREAS, the City of Compton's water system facilities require secure access control to restrict unauthorized entry; and
WHEREAS, properly functioning entry gates are crucial at these facilities, especially considering recent break-ins that have raised concerns about the security and safety of the water system infrastructure; and
WHEREAS, the presence of transients and the discovery hazardous waste in the vicinity has the potential to pose a significant risk of water contamination; and WHEREAS, the City has need to contract with an experienced vendor for maintenance and repair services for entry gates at key water facilities; and WHEREAS, on November 29, 2023, the Municipal Water Department solicited price quotes for entry gate repair services from three (3) reputable gate repair vendors:
 A-1 Fence Company
 Commercial Door Company
 Impact Overhead Door Service
WHEREAS, Impact Overhead Door Service was the only company to respond to the request for a quote for these services; and
Vendor Amount
Impact Overhead Door Service $29,000
($26,312 for gate repairs and $ 2,688 for ground loops Total $29,000) WHEREAS, Impact Overhead Door Service has been in business since 2001, and asserts it has extensive experience providing commercial and industrial door and gate services; and
WHEREAS, the following budget transactions are necessary in order to transfer funds between ARPA accounts to pay contracts and purchase items needed that will increase the level of security at the water sites:

Decrease Budget Account
2810-860-000-4391 Capital Outlay- Other $29,000.00
Increase Budget Account
2810-860-000-4236 Maintenance/Repair $29,000.00
The adjustments will not affect the balanced budget for Fiscal Year 2023-2024.

Resolution No. ____________

WHEREAS, (ARPA) – Drinking Water State Revolving Fund Eligible Uses include:

Water Security Projects
Installation of security measures to protect infrastructure and prevent vandalism or purposeful contamination of the drinking water, such as:
o Fencing and gates
o Lighting
o Cameras
o Closed circuit television
WHEREAS, per ARPA guidelines, this expense is an investment in the water reservoir infrastructure and it includes improvements that increase the capacity of existing infrastructure and extends the useful life of existing infrastructure; and WHEREAS, after the transfer of funds in the amount of Twenty-Nine Thousand Dollars ($29,000) are allocated in ARPA (American Rescue Plan Act) Account 2810-86-0000-4236- Maintenance/Repair for this expenditure, a purchase order will be established for Impact Overhead Door Service for the repair of gates and ground loops at key water facilities.

Decrease Budget Account
 2810-860-000-4391 Capital Outlay- Other $29,000.00
Increase Budget Account
 2810-860-000-4236 Maintenance/Repair $29,000.00

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 make the following budget amendments to the Municipal Water Department ARPA 2023-2023 Fiscal Year budget:

Decrease Budget Account
 2810-860-000-4391 Capital- Outlay-Other $29,000.00
Increase Budget Account
 2810-860-000-4236 Maintenance/Repair $29,000.00
SECTION 2. That the City Manager is hereby authorized to enter into a Services Agreement with Impact Overhead Door for the purpose of providing entry gate repair and maintenance services.

SECTION 3. That the City Manager is authorized to establish a purchase order in the amount of $29,000 ($26,312.00 gate repair services and $2,688 for ground loops) for entry gate repair and maintenance services to Impact Overhead Door from Account 2810-860-000-4236 Maintenance/Repair.

SECTION 4. That funds in the amount of $29,000.00 are allocated in Account 2810-860-000-4236 Maintenance/Repair, for this expenditure.

SECTION 5. That a copy of this Resolution shall be provided to the City Clerk, City Attorney, City Manager, City Controller and Municipal Water Department.

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, 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

SERVICES AGREEMENT

BETWEEN THE CITY OF COMPTON AND

IMPACT OVERHEAD DOOR SERVICE
This AGREEMENT is entered by and between the CITY OF COMPTON, a municipal corporation of the State of California (hereinafter referred to as “CITY”) located at 205 South Willowbrook Avenue, Compton, California 90220, and IMPACT OVERHEAD DOOR SERVICE (hereinafter referred to as “CONTRACTOR”), located at 4606 Firestone Blvd., South Gate, CA 90280

RECITALS
The City of Compton Municipal Water Department has determined that it requires services from a contractor to provide entry gate repair and maintenance services.

The Contractor represents that it is fully qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees. Contractor further represents that it is willing to accept responsibility for performing such services in accordance with the terms and conditions set forth in this Agreement.

NOW, THEREFORE, for and in consideration of the performance by the Parties of the mutual covenants and conditions herein contained, the Parties hereto agree as follows:

AGREEMENT:

1. Services to be Rendered by Contractor. It is the mutual understanding of the parties that the Contractor shall perform and be responsible for providing and rendering the following services, which shall include, but not be limited to the below-indicated tasks and deliverables:

Furnish and install two Swing Gate Operators which include:
 Two LA500 DC Commercial Grade Actuator Arms
 One NEMA Controller Box Circuit Board
 One Safety Photo Sensor Beam
 Battery Back Up Unit Assembly in case of Power Failure  One Magnetic Lock Assembly, Weld to Gates
 Run Rigid Conduit and Signal Wire
 Twenty Transmitter Remotes
 Saw Cut, Trench, Run conduit and Power Both Units from Nearby Panel Source  Patch Asphalt and Concrete
 Adjust All Settings, and Test for Operation
 One Year Warranty on Parts and Labor
Note: Additional Cost ($2688.00) for Two Ground Loops Preformed Customer To Redo Asphalt For Loops Due to Excessive Cracks Contractor acknowledges that in entering into this Agreement the City is relying on Contractor's special skills and experience to do and perform the services in accordance with best standards of professional practice. While performing the Services, Contractor agrees to perform all the said work and furnish all the necessary materials at its own cost and expense necessary to complete said services in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances Services Agreement
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and to the reasonable satisfaction of the City.

Contractor services hereunder shall be performed in good, workmanlike and professional manner. Contractor shall be responsible for correcting and completing all errors and omissions related to the services provided by the Contractor for this Agreement at no additional cost to the City. “Errors” and “Omissions” for purposes of this paragraph are defined to mean a failure by the Contractor to meet the standards of its profession as set forth in the preceding paragraph.

The acceptance of the services by City does not release Contractor from these obligations.

Contractor will be responsible for employing or engaging all persons necessary to perform the services. All of Contractor's staff will be qualified by training and experience to perform their assigned tasks. Contractor will give its personal attention to the fulfillment of the provisions of this Agreement by all of its employees and subcontractors, if any, and will keep the services under its control. On demand of City, if any employee or subcontractor of Contractor fails or refuses to carry out the provisions of this Agreement or appears to be incompetent or to act in a disorderly or improper manner, he or she will be discharged immediately from the services performed pursuant to this Agreement.

2. Duration of Contract. Contractor agrees to commence the services provided for herein upon written Notification to Proceed from the City and to continue in a diligent and professional manner, for the duration of the term of this agreement upon completion of the work notated in Scope of Work.

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

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

3. Compensation. The method of payment for this Contract will be on a fixed basis as specified within Contractor’s Cost Proposal. The total price paid the Contractor will include compensation for all work, including travel, materials, supplies, vendor services, expenses and subcontracted work. No additional compensation will be paid to the Contractor, unless there is a change in the scope of the 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 in writing by the City.

Progress payments may be made in arrears based on the percentage of work and deliverables completed by the Contractor. If Contractor fails to submit the required deliverable items according to schedule or as required by the Agreement, except for those amounts that are Services Agreement
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due and not reasonably in dispute, the City shall have the right to delay payment and/or terminate this Agreement in accordance with the provisions noted herein.

Contractor shall be reimbursed within thirty (30) days, or as promptly as fiscal procedures may permit, upon receipt by the City of itemized invoices for services completed. Invoices shall be submitted no later than 45 calendar days after the performance of work for which the Contractor is billing. Invoices shall detail the work performed on each task as applicable. Invoices shall be delivered or mailed to the Director of [identify department] Department at the following address: City of Compton, 205 South Willowbrook Avenue, Compton, California 90220.

As full and complete compensation for performance of all the services performed by the Contractor pursuant to this Agreement, City shall pay, and Contractor agrees to accept, a not-toexceed maximum sum of [specify exact amount – Twenty-Nine Thousand Dollars ($29,000.00), ($26,312.00 to furnish and install two gate operators and $2688.00 for Two Ground Loops).

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 noncancellable 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, materials and work product associated with the performance of this Agreement.

4. Ownership of Materials. All product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement (the “Work Product”) is the property of City. In the event this Agreement is terminated, all Work Product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered to City pursuant to the termination clause of this Agreement. [Contractor will have the right to make one (1) copy of the Work Product for Contractor’s records.] The Work Product may be used by City and its agents, employees, representatives, and assigns, in whole or in part, or in modified form, for all purposes City may deem advisable, without further employment of or payment of any compensation to Contractor; provided, however, that if this Agreement is terminated for any reason prior to completion of the Project and if under such circumstances City uses, or engages the services of and directs another Contractor to use, the Work Product, City agrees to hold Contractor harmless from any and all liability, costs, and expenses relative to claims arising out of matters and/or events which occur subsequent to the termination of this Agreement as a result of causes other than the fault or negligence of Contractor, or anyone for whose acts it is responsible, in preparation of the Work Product.

Contractor will not be responsible for deficiencies solely attributable to modifications of the Work Product performed by others, or that arise from use of the Documents in connection with a project or site other than that shown in the Work Product.

5. Independent Contractor Status. Contractor, its officers, employees, subContractors, subcontractors, agents and volunteers (collectively hereinafter the “Contractor”), will perform the services in Contractor's own way and pursuant to this Agreement as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. The persons used by Contractor to provide the services under this Agreement will not be considered employees of City for any purposes. Neither the City nor any of its officers, employees, agents Services Agreement
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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.

The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not pay any workers' compensation insurance, retirement contributions or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify and pay City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or contractor of Contractor for work done under this Agreement. At the City’s election, City may deduct the amounts paid pursuant to this Section, from any balance owing to Contractor.

6. Successors, Assignment and Delegation. City and the Contractor each binds themselves, their partners, successors, assigns and legal representatives to the other hereto and to partners, successors, assigns and legal representatives of such other party in respect to all covenants, agreements and obligations contained in this Agreement.

The expertise and experience of Contractor are material considerations for this Agreement. Contractor shall not assign or transfer any interest in this Agreement or the performance of any of Contractor’s obligations under this Agreement without the prior written consent of the City. Any attempted assignment or transfer of any of Contractor’s rights, duties or obligations arising under this Agreement shall be null and void.

7. Nondiscriminatory Employment Practices. During the performance of this Agreement, the Contractor agrees not to discriminate against any employee or applicant for employment because of race, sex, creed, color, religion, age, sexual orientation, marital status, national origin, political affiliation, handicap or belief in accordance with requirements of City, State or Federal laws and regulations. Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, sex, creed, color, religion, age, sexual orientation, marital status, national origin, political affiliation, handicap or belief in accordance with requirements of City, State or Federal laws and regulations. Such actions shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoffs or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.

The Contractor agrees to post in conspicuous places, available to employees, applicants and subcontractors for employment, notices setting forth the provisions of this non-discrimination clause.

In the event of the Contractor’s non-compliance with the non-discrimination clause of this Agreement, this Agreement may be immediately canceled, terminated or suspended in whole or in part.

Services Agreement
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8. Subcontracting. Contractor's services are unique and personal. Except as may be specified in Contractor’s Proposal and agreed to by the City, Contractor will not subcontract any portion of the services without prior written approval of City Manager or his/her designee. If Contractor subcontracts any of the services, Contractor will be fully responsible to City for the acts, errors and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City.

9. Other Contractors. The City reserves the right to employ other Contractors in connection with the services.

10. Indemnification. Contractor shall indemnify and save harmless the City, its officials, officers, employees, agents and volunteers (collectively hereinafter the “City”), against any and all damages to property or injuries to or death of any person or persons, including property and employees or agents of the City and shall indemnify and save the City from any and all liability and expense including reimbursement of reasonable defense costs and legal fees, and claims, demands, suits, actions or proceedings of any kind or nature, including Workers’ Compensation claims, of or by anyone whomsoever to the extent resulting from or arising out of the negligent, reckless or willful misconduct for the Contractor, its officers, employees, subContractors, subcontractors or agents in the performance of the duties undertaken by Contractor pursuant to this Agreement.

This indemnification and hold harmless obligation does not extend to claims arising out of the negligence or willful misconduct of the City.

11. Insurance. Without limiting the Contractor’s indemnification of the City, Contractor shall obtain and maintain, at its cost and expense, for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor’s agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. Such evidence shall specifically identify this Agreement and shall contain express conditions that the City is to be given written notice at least thirty (30) days in advance of any termination or implementation of a reduction of limits or material change of insurance coverage as specified herein. Failure on the part of the Contractor to procure or maintain insurance shall constitute a material breach upon which the City may immediately terminate this Agreement. All insurance required hereunder shall be primary with respect to any insurance maintained by the City.

Coverages and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, unless the Risk Manager or City Manager, in consultation with the City Attorney approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on 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 Services Agreement
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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 below-indicated insureds except for Workers’ Compensation and errors and omissions insurance. Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense.

11.1 Commercial General Liability Insurance. $1,000,000 combined singlelimit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits will apply separately to the work under this Agreement or the general aggregate will be twice the required per occurrence limit.

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

11.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code and Employer's Liability limits of $1,000,000 per accident for bodily injury. Workers' Compensation and Employer's Liability insurance will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this.

11.4 Professional Liability. Errors and omissions liability appropriate to Contractor’s profession with limits of not less than $1,000,000 per claim. The coverage shall also provide an extended two (2) year reporting period commencing upon termination or cancellation of this Agreement.

Endorsements. For Commercial General Liability Insurance and Automobile Liability Insurance, Contractor will ensure that the policies are endorsed to name the City of Compton and its respective elected and appointed officers, officials, employees, agents and volunteers as “additional insureds” with respect to liability arising out of the activities of the Contractor. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City.

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

12. Permits and Licenses. Contractor, at its own expense, during the term of this Agreement, shall obtain and maintain all appropriate business and professional permits, licenses and certificates that may be required in connection with the performance of services by the Contractor. Upon execution of this Agreement, the Contractor shall show evidence of a business license permit in conformance with Section 9-1.2 of the Compton Municipal Code.

13. Maintenance of Records. Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement.

Services Agreement
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Contractor shall maintain all records and will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period and to the extent required by laws relating to audits of public agencies and their expenditures, from the date of final payment under this Agreement.

14. Warranties. Contractor represents and warrants (i) that Contractor has no obligations, legal or otherwise, inconsistent with the terms of this Agreement or with Contractor’s undertaking this relationship with City, (ii) that the performance of the services called for by this Agreement do not and will not violate any applicable law, rule or regulation or any proprietary or other right of any third party, (iii) that Contractor will not use in the performance of his responsibilities under this Agreement any confidential information or trade secrets of any other person or entity and (iv) that Contractor has not knowingly entered into or will enter into any agreement (whether oral or written) in conflict with this Agreement.

15. Federal and State Withholding Taxes. 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.

16. General Compliance with Laws. Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of the services with all applicable laws, ordinances and regulations.

17. Termination. In the event of the Contractor's failure to prosecute, deliver, or perform the services, after giving written notice of default and two (2) days to correct the same, then, in addition to any other remedies, City may terminate this Agreement for nonperformance by notifying Contractor in writing. Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. In the event City elects to terminate, City will have the right to immediate possession of all Work Product and work in progress prepared by Contractor, whether located at the project site, at Contractor's place of business, or at the offices of a subContractor.

The City’s obligation is payable only from funds appropriated for the purpose of this Agreement. All funds for payments after the end of the current fiscal year are subject to the City’s legislative appropriation for this purpose. In the event this Agreement extends into succeeding fiscal year periods and the City Council does not allocate sufficient funds for the next succeeding fiscal year payments, this Agreement shall terminate immediately upon written notice from the City.

Either Party, upon tendering fifteen (15) calendar days written notice to the other Party, may terminate this Agreement for convenience. In this event and upon request of City, Contractor will assemble the work product without charge and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the Services Agreement
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total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made.

18. Covenants Against Contingent Fees. 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.

19. Claims and Lawsuits. By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation.

Contractor acknowledges that if a false claim is submitted to City by Contractor, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claim Act, applies to this Agreement and provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney’s fees.

Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative proceeding as a result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement.

20. Certifications. The Contractor, under penalty of perjury, certifies that, except as noted below, he/she or any other person association therewith in the capacity of owner, partner, director, officer, manager;
 Is not currently under supervision, voluntary exclusion, or determination of ineligibility by any Federal, State or local agency;
 Has not been suspended, voluntarily excluded or determined ineligible by any Federal, State or local agency within the past 3 years;
 Has not been indicted, convicted or had a civil judgment rendered against he/she/it by a court of competent jurisdiction in any matter involving fraud or official misconduct in connection with obtaining , attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property within the past 3 years.
 Are not presently indicted or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in the preceding paragraph; and
 Have not had one or more public transactions (Federal, State or local) terminated for Services Agreement
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cause or default within in the past 3 years.

If there are any exceptions to this certification, inset the exceptions in the following space. [Supply exceptions on separate page]
For any exception noted above, indicate below to whom it applies, initiating agency and dates of action.
[Attach separate page]
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction. The above certifications are part of this contract. Signing this agreement on the signature portion thereof shall also constitute signature of the above certifications.
_________________________ _______________
Nicolas Godinez (Date)
Owner

21. Jurisdiction, Venue and Governing Law. Any action at law or in equity brought by either of the Parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of Los Angeles, State of California, and the Parties waive all provisions of law providing for a change of venue in these proceedings to any other county. This agreement will be governed by the laws of the State of California.

22. Testimony. Contractor will testify at City's request if litigation is brought against City in connection with Contractor's services under this agreement. Unless the action is brought by Contractor, or is based upon Contractor's actual or alleged negligence or other wrongdoing, City, upon prior written agreement with Contractor will compensate Contractor for time spent in preparation for testimony, testimony, and travel at Contractor's standard hourly rates at the time of actual testimony.

23. Waivers. The waiver by either Party of any breach or violation of any term, covenant, or condition of this Agreement or of any applicable law will not be deemed to be a waiver of such term, covenant, condition or law or of any subsequent breach or violation of same or of any other term, covenant, condition or law. The acceptance by either Party of any fee or other payment which may become due under this Agreement will not be deemed to be a waiver of any preceding breach or violation by the other Party of any term, covenant, or condition of this Agreement or any applicable law.

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

Services Agreement
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25. Severability. If any term, provision, condition or covenant of this Agreement or its application to any party or circumstances shall be held, to any extent, invalid or unenforceable, the remainder of this Agreement, or the application of the term, provision, condition or covenant to persons or circumstances other than those as to whom or which it is held invalid or unenforceable, shall not be affected, and shall be valid and enforceable to the fullest extent permitted by law.

26. Amendments. This Agreement may be modified or amended only be written document executed by both 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.

27. Confidentiality. All documents, reports, information, data, and exhibits prepared or assembled by Contractor in connection with the performance of the Services pursuant to the Agreement are confidential until released by the City to the public, and the Contractor will not make any of these documents or information available to any individual or organization not employed by the Contractor or the City without the written consent of the City before any such release.

28. Entire Agreement. This Agreement, together with any other written document referred to or contemplated by it embody the entire Agreement and understanding between the parties relating to the subject matter of it. The City Manager is authorized, in consultation with the City Attorney, to agree to non-material amendments to this Agreement. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties.

29. Notices. Any notices required or permitted under this Agreement shall be effective when delivered in person; and effective one (1) business day after delivery by facsimile transmission; and effective five (5) days after mailing by U.S. Mail, postage prepaid and properly addressed as follows:

TO CONTRACTOR: IMPACT OVERHEAD DOOR SERVICES
Nicolas Godinez, Owner
4606 Firestone Blvd.

South Gate, CA 90280
323-806-1622
TO CITY: CITY OF COMPTON
205 South Willowbrook Avenue
Compton, California 90220
Attn: General Manager, Water Department
(310) 605-5555
With Copy to: CITY OF COMPTON
205 South Willowbrook Avenue
Compton, California 90220
Attn: City Manager
Services Agreement
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30. Miscellaneous. No provision of this Agreement is to be interpreted for or against either party because that party or that party’s legal representative drafted such provision.

Should either party hereto, or any representative, successor or 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.

IMPACT OVERHEAD DOOR SERVICE/CONTRACTOR
Dated: _______________ By ___________________________________ Nicolas Godinez, Owner

CITY OF COMPTON
Recommended for Approval:

By __________________________________ Dated: ______________ Jose Garfias, Interim General Manager
Water Department
Approved by:

Dated: _______________ By _________________________________ Willie A. Hopkins, Jr., City Manager
Services Agreement
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Approved as to form:

By _________________________________ Dated: ______________ Eric J. Perrodin, City Attorney
ATTEST:

Dated: _______________ By __________________________________ Vernell McDaniel, City Clerk

April 9, 2024
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: MUNICIPAL WATER DEPARTMENT
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AMENDING THE MUNICIPAL WATER DEPARTMENT’S ARPA FISCAL
YEAR 2023-2024 BUDGET, AUTHORIZING THE CITY MANAGER TO

ENTER INTO A SERVICE AGREEMENT AND ESTABLISH A
PURCHASE ORDER FOR ZORRO LANDSCAPE INC. FOR THE
PURPOSE OF LANDSCAPE MAINTENANCE SERVICES FOR TWO (2)
MUNICIPAL WATER DEPARTMENT WATER STORAGE TANK SITES;
18604 WILMINGTON AVENUE AND 1300 EL SEGUNDO BLVD. IN AN

AMOUNT NOT TO EXCEED FIFTY-SEVEN THOUSAND SIX HUNDRED
DOLLARS ($57,600).

SUMMARY
The City Council will consider a resolution authorizing the City Manager to amend the Municipal Water Department’s ARPA Fiscal Year 2023-2024 Budget, enter into a Service Agreement and establish a purchase order for Zorro Landscape, Inc. (“Zorro”) for fiscal years 2024-2024, 2024-2025 and 2025-2026 to provide routine landscaping services for two (2) Municipal Water Department water storage tank sites located at 18604 Wilmington Avenue and 1300 El Segundo Blvd. in an amount not to exceed Fifty-Seven Thousand Six Hundred Dollars.

BACKGROUND
The Compton Municipal Water Department (“Department”) is an Urban Retail Water Supplier providing water services to approximately 80% of the incorporated City limits.

The water system consists of approximately 156 miles of water mains, 1,500 fire hydrants, 3,500 valves, 8 water wells, 2 water storage tank locations with 5 storage tanks total and 1 booster pump station.

The City’s Municipal Water Department’s water storage tanks are located at: (1) 18604 Wilmington Avenue and it houses four (4) water storage tanks containing approximately 3 million gallons of water each, and the second location is at 1300 El Segundo Blvd. (Sibrie Park) and houses one (1) water storage tank which stores approximately 750,000 gallons of water.

It is essential to keep the areas surrounding the water storage tanks properly and regularly landscaped to avoid any type of water contamination.

Landscape maintenance of water sites provides the following benefits:

6. Staff Report Zorro Landscape Inc.

April 9, 2024
Page | 2

1. Water Quality: Proper landscaping can prevent erosion, sedimentation, and runoff, which can degrade water quality. Healthy vegetation acts as a natural filter, reducing the influx of pollutants into the reservoir.

2. Ecosystem Stability: The surrounding landscape provides habitats for diverse flora and fauna. Preserving these ecosystems ensures biodiversity and ecological balance, which are essential for the overall health of the environment.

3. Water Conservation: Strategic landscaping can help conserve water by minimizing evaporation and regulating water flow. Trees and other vegetation provide shade, reducing water loss through evapotranspiration and helping to maintain water levels.

4. Aesthetic Value: Well-designed landscapes enhance the visual appeal of water reservoirs, making them more attractive recreational areas for residents and visitors. Aesthetic surroundings can also boost property values and promote community pride.

5. Flood Mitigation: Thoughtful landscaping can mitigate the risk of flooding by absorbing excess water and reducing surface runoff. Wetlands, riparian buffers, and other natural features help regulate water flow and minimize flood damage.

6. Climate Resilience: Climate-resilient landscaping practices, such as planting native species and implementing green infrastructure, can help buffer the impacts of climate change on water resources. These measures enhance the resilience of water reservoirs to extreme weather events and shifting precipitation patterns.

In summary, maintaining the landscape around water tanks/reservoirs is essential for safeguarding water quality, supporting ecosystems, conserving water, enhancing aesthetics, mitigating floods, and building climate resilience.

STATEMENT OF THE ISSUE
The Compton Municipal Water Department (“Department”) has two sites that have water storage tanks located on them. There is one site located in the industrial area of the City at 18604 Wilmington Avenue and a second site located in the residential area of the City at 1300 El Segundo Blvd (Sibrie Park). These parcels require continuous landscape maintenance; which includes weed abatement, trimming services, blowing, hauling and debris removal. The Municipal Water Department would like to contract with a qualified Landscaper to perform landscape maintenance at the water tank storage sites to keep these areas safe from contamination, regularly maintained, and aesthetically pleasing for the community.

In October of 2023, the Municipal Water Department solicited quotes for landscape maintenance services. Three quotes were received as follows:

Contractor Compton Water Tank
Storage Sites
Monthly
Cost
Annual
Cost
Zorro Landscape,
Inc.
18504 Wilmington Ave
1300 El Segundo Blvd
$1600.00 $19,200.00
Staff Report Zorro Landscape Inc.

April 9, 2024
Page | 3
Hidden Gem
Landscaping
18504 Wilmington Ave
1300 El Segundo Blvd
$1700.00 $20,400.00
Excellence
Landscaping
18504 Wilmington Ave
1300 El Segundo Blvd
$2200.00 $26,400.00
Zorro Landscape, Inc. submitted the lowest most responsive bid to the City’s request for landscape maintenance services. It is recommended that Zorro Landscape, Inc. be awarded the Service Agreement to provide landscape maintenance services for the Compton Municipal Water Department at the two (2) water storage tank sites.

The proposed landscape maintenance services shall include monthly: tree trimming, weed abatement, leaf blowing, hauling and debris removal.

ARPA FUND – Drinking Water State Revolving Fund Eligible Uses:

Assistance may be provided to any municipality or intermunicipal, interstate, or State agency for publicly owned water quality projects that remediate or prevent contamination from resource extraction sites. Section 603(c) (1).

FISCAL IMPACT
The Municipal Water Department has a balanced budget and the recommendations are cost neutral to the ARPA funds and do not have a negative impact on the City’s 2023- 2024 Fiscal Year Budget.

After the transfer of funds in the amount of Fifty-Seven Thousand Six Hundred Dollars for fiscal years 2023-2024, 2024-2025, and 2025-2026 ($19,200 annually) are allocated in Municipal Water Department’s ARPA (American Rescue Plan Act) Account 2810-86- 0000-4236/Maintenance/Repair for this expenditure, a purchase order will be established for Zorro Landscape, Inc. for landscaping services for two (2) water storage tank sites located at 18604 Wilmington Avenue and 1300 El Segundo Blvd.

Decrease Budget Account
o 2810-860-000-4391 Capital Outlay- Other $57,600
Increase Budget Account
o 2810-860-000-4236 Maintenance/Repair $57,600
The following budget transactions are necessary in order to transfer funds between ARPA accounts to pay landscape maintenance contractor to properly and regularly maintain multiple Municipal Water Department sites.

RECOMMENDATION
Staff recommends that the City Council adopt the attached Resolution authorizing the City Manager to make budget amendments to the Water Department’s Fiscal Year 2023- 2024 ARPA Budget, authorize the City Manager to enter into a Service Agreement for Staff Report Zorro Landscape Inc.

April 9, 2024
Page | 4
fiscal years 2023-2024, 2024-2025 and 2025-2026 and to issue a purchase order to Zorro Landscape, Inc. in an amount not to exceed Fifty-Seven Thousand Six Hundred Dollars $57,600.

JOSE GARFIAS

INTERIM GENERAL MANAGER

MUNICIPAL WATER DEPARTMENT
APPROVED FOR FORWARDING:

WILLIE A. HOPKINS

CITY MANAGER
RESOLUTION NO. ___________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AMENDING THE MUNICIPAL WATER DEPARTMENT’S ARPA FISCAL YEAR 2023-2024

BUDGET, AUTHORIZING THE CITY MANAGER TO ENTER INTO A SERVICE

AGREEMENT AND ESTABLISH A PURCHASE ORDER FOR ZORRO
LANDSCAPE INC. FOR THE PURPOSE OF LANDSCAPE MAINTENANCE SERVICES FOR TWO (2) MUNICIPAL WATER DEPARTMENT WATER STORAGE TANK SITES; 18604 WILMINGTON AVENUE AND 1300 EL SEGUNDO BLVD. IN

AN AMOUNT NOT TO EXCEED FIFTY-SEVEN THOUSAND SIX HUNDRED DOLLARS ($57,600).

WHEREAS, the Compton Municipal Water Department (“Department”) is an Urban Retail Water Supplier providing water services to approximately 80% of the incorporated City limits; and
WHEREAS, the water system consists of approximately 156 miles of water mains, 1,000 fire hydrants, 1,000 valves, 8 water wells, 2 water storage tank locations with 5 storage tanks total and 1 booster pump station; and
WHEREAS, there are water storage tanks located at: (1) 18604 Wilmington Avenue houses four (4) storage tanks containing approximately 3 million gallons of water each and (2) 1300 El Segundo Blvd. (Sibrie Park) houses one (1) water storage tank which stores approximately 750,000 gallons of water; and
WHEREAS, it is essential to keep the areas surrounding the water storage tanks properly and regularly landscaped to avoid any type of water contamination; and WHEREAS, landscape maintenance of water sites provides the following benefits:

1. Water Quality: Proper landscaping can prevent erosion, sedimentation, and runoff, which can degrade water quality. Healthy vegetation acts as a natural filter, reducing the influx of pollutants into the reservoir.

2. Ecosystem Stability: The surrounding landscape provides habitats for diverse flora and fauna. Preserving these ecosystems ensures biodiversity and ecological balance, which are essential for the overall health of the environment.

3. Water Conservation: Strategic landscaping can help conserve water by minimizing evaporation and regulating water flow. Trees and other vegetation provide shade, reducing water loss through evapotranspiration and helping to maintain water levels.

4. Aesthetic Value: Well-designed landscapes enhance the visual appeal of water reservoirs, making them more attractive recreational areas for residents and visitors.

Aesthetic surroundings can also boost property values and promote community pride.

5. Flood Mitigation: Thoughtful landscaping can mitigate the risk of flooding by absorbing excess water and reducing surface runoff. Wetlands, riparian buffers, and other natural features help regulate water flow and minimize flood damage.

6. Climate Resilience: Climate-resilient landscaping practices, such as planting native species and implementing green infrastructure, can help buffer the impacts of climate change on water resources. These measures enhance the resilience of water reservoirs to extreme weather events and shifting precipitation patterns; and WHEREAS, in summary, maintaining the landscape around water tanks/reservoirs is essential for safeguarding water quality, supporting ecosystems, conserving water, enhancing aesthetics, mitigating floods, and building climate resilience; and WHEREAS, in October of 2023, the Municipal Water Department solicited quotes for landscape maintenance services. Three quotes were received as follows:

Contractor Compton Water Tank
Storage Sites
Monthly
Cost
Annual
Cost
Zorro Landscape,
Inc.
18504 Wilmington Ave
1300 El Segundo
$1600.00 $19,200.00
Hidden Gem
Landscaping
18504 Wilmington Ave
1300 El Segundo
$1700.00 $20,400.00
RESOLUTION NO. ________________

Excellence
Landscaping
18504 Wilmington Ave
1300 El Segundo
$2200.00 $26,400.00
WHEREAS, the Zorro Landscape, Inc. company submitted the lowest most responsive bid to the City’s request for landscape maintenance services and it is recommended that Zorro Landscape, Inc. be awarded the Service Agreement to provide landscape maintenance services for the Compton Municipal Water Department at the two (2) water storage tank sites; and
WHEREAS, ARPA FUND – Drinking Water State Revolving Fund Eligible Uses states: Assistance may be provided to any municipality or intermunicipal, interstate, or State agency for publicly owned water quality projects that remediate or prevent contamination from resource extraction sites. Section 603(c) (1).

WHEREAS, after the transfer of funds in the amount of Fifty-Seven Thousand Six Hundred Dollars for fiscal years 2023-2024, 2024-2025, and 2025-2026 ($19,200 annually) are allocated in Municipal Water Department’s ARPA (American Rescue Plan Act) Account 2810-86-0000-4236/Maintenance/Repair for this expenditure, a purchase order will be established for Zorro Landscape, Inc. for landscaping services for two (2) water storage tank sites located at 18604 Wilmington Avenue and 1300 El Segundo Blvd.

Decrease Budget Account
 2810-860-000-4391 Capital Outlay- Other $57,600
Increase Budget Account
 2810-860-000-4236 Maintenance/Repair $57,600

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 make the following budget amendments to the Municipal Water Department APRA 2023-2024 Fiscal Year budget:

Decrease Budget Account
o 2810-860-000-4391 Capital Outlay- Other $57,600
Increase Budget Account
o 2810-860-000-4236 Maintenance/Repair $57,600
Section 2. That the City Manager is hereby authorized to enter into a three (3) year Service Agreement with Zorro Landscape, Inc. for fiscal years 2023-2024, 2024-2025 and 2025-2026 to provide landscape maintenance service at the two (2) Municipal Water Department water tank storage sites; 18604 Wilmington Avenue and 1300 El Segundo Blvd.

Section 3. That a purchase order is hereby authorized to be established for Zorro Landscape, Inc. from Account No. 2810-860-000-4236 Maintenance/Repair to provide landscape maintenance in an amount not to exceed Fifty-Seven Thousand Six Hundred Dollars ($57,600 for fiscal years 2023-2024, 2024-2025 and 2025-2026, $19,200 annually).

Section 4. That funds for this expenditure in the amount of will be available in the Municipal Water Department fiscal year 2023-2024 budget in Account No. 2810-860-000- 4236 Maintenance/Repair for this expenditure.

Section 5. That copies of this Resolution shall be filed in the offices of the City Manager, City Controller, City Clerk, City Attorney and the Municipal Water Department.

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 ) ss

CITY OF COMPTON )
I, Vernell McDaniel, City Clerk of the City of Compton, hereby certify that the foregoing Resolution was adopted by the City Council of the City of Compton, signed by the Mayor and attested by the City Clerk at a regular meeting thereof held on the __________ day of ____________________, 2024.

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

AYES: COUNCIL MEMBERSNOES: COUNCIL MEMBERSABSTAIN: COUNCIL MEMBERSABSENT: COUNCIL MEMBERS- ____________________________________

CITY CLERK OF THE CITY OF COMPTON

SERVICES AGREEMENT

BETWEEN

THE CITY OF COMPTON
AND
ZORRO LANDSCAPE INC.

This AGREEMENT is entered by and between the CITY OF COMPTON, a municipal corporation of the State of California (hereinafter referred to as “CITY”) located at 205 South Willowbrook Avenue, Compton, California 90220, and ZORRO LANDSCAPE INC. (hereinafter referred to as “CONTRACTOR”), located at 10509 Angell Street, Norwalk, CA 90650

RECITALS
The City of Compton Municipal Water Department has determined that it requires a contractor to provide landscape services at two storage tank sites: (1) 18604 Wilmington Avenue and (2) 1300 El Segundo Blvd.

The Contractor represents that it is fully qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees. Contractor further represents that it is willing to accept responsibility for performing such services in accordance with the terms and conditions set forth in this Agreement.

NOW, THEREFORE, for and in consideration of the performance by the Parties of the mutual covenants and conditions herein contained, the Parties hereto agree as follows:

AGREEMENT:

1. Services to be Rendered by Contractor. It is the mutual understanding of the parties that the Contractor shall perform and be responsible for providing and rendering the following services, which shall include, but not be limited to the below-indicated tasks and deliverables:

Monthly Maintenance:
 Weed removal
 Trimming trees under 10ft
 Leaf Blowing
 Hauling
 Debris Removal
Contractor acknowledges that in entering into this Agreement the City is relying on Contractor's special skills and experience to do and perform the services in accordance with best standards of professional practice. While performing the Services, Contractor agrees to perform all the said work and furnish all the necessary materials at its own cost and expense necessary to complete said services in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances and to the reasonable satisfaction of the City.

Contractor services hereunder shall be performed in good, workmanlike and professional manner. Contractor shall be responsible for correcting and completing all errors and omissions related to the services provided by the Contractor for this Agreement at no additional cost to the City. “Errors” and “Omissions” for purposes of this paragraph are defined to mean a failure by the Contractor to meet the standards of its profession as set forth in the preceding paragraph.

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The acceptance of the services by City does not release Contractor from these obligations.

Contractor will be responsible for employing or engaging all persons necessary to perform the services. All of Contractor's staff will be qualified by training and experience to perform their assigned tasks. Contractor will give its personal attention to the fulfillment of the provisions of this Agreement by all of its employees and subcontractors, if any, and will keep the services under its control. On demand of City, if any employee or subcontractor of Contractor fails or refuses to carry out the provisions of this Agreement or appears to be incompetent or to act in a disorderly or improper manner, he or she will be discharged immediately from the services performed pursuant to this Agreement.

2. Duration of Contract. Contractor agrees to commence the services provided for herein upon written Notification to Proceed from the City and to continue in a diligent and professional manner, for the duration of the term of this agreement upon completion of the work notated in Scope of Work. The Agreement is proposed for fiscal years 2023-2024, 2024-2025, and 2025-2026.

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

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

3. Compensation. The method of payment for this Contract will be on a fixed basis as specified within Contractor’s Cost Proposal. The total price paid the Contractor will include compensation for all work, including travel, materials, supplies, vendor services, expenses and subcontracted work. No additional compensation will be paid to the Contractor, unless there is a change in the scope of the 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 in writing by the City.

Progress payments may be made in arrears based on the percentage of work and deliverables completed by the Contractor. If Contractor fails to submit the required deliverable items according to schedule or as required by the Agreement, except for those amounts that are due and not reasonably in dispute, the City shall have the right to delay payment and/or terminate this Agreement in accordance with the provisions noted herein.

Contractor shall be reimbursed within thirty (30) days, or as promptly as fiscal procedures may permit, upon receipt by the City of itemized invoices for services completed. Invoices shall Service Agreement
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be submitted no later than 45 calendar days after the performance of work for which the Contractor is billing. Invoices shall detail the work performed on each task as applicable. Invoices shall be delivered or mailed to the Director of [identify department] Department at the following address: City of Compton, 205 South Willowbrook Avenue, Compton, California 90220.

As compensation for performance of all the services performed by the Contractor pursuant to this Agreement, City shall pay, and Contractor agrees to accept, a not-to-exceed monthly sum of Sixteen Hundred ($1,600) Dollars and Nineteen Thousand Two Hundred ($19,200) Dollars annually.

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 noncancellable 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, materials and work product associated with the performance of this Agreement.

4. Ownership of Materials. All product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement (the “Work Product”) is the property of City. In the event this Agreement is terminated, all Work Product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered to City pursuant to the termination clause of this Agreement. [Contractor will have the right to make one (1) copy of the Work Product for Contractor’s records.] The Work Product may be used by City and its agents, employees, representatives, and assigns, in whole or in part, or in modified form, for all purposes City may deem advisable, without further employment of or payment of any compensation to Contractor; provided, however, that if this Agreement is terminated for any reason prior to completion of the Project and if under such circumstances City uses, or engages the services of and directs another Contractor to use, the Work Product, City agrees to hold Contractor harmless from any and all liability, costs, and expenses relative to claims arising out of matters and/or events which occur subsequent to the termination of this Agreement as a result of causes other than the fault or negligence of Contractor, or anyone for whose acts it is responsible, in preparation of the Work Product.

Contractor will not be responsible for deficiencies solely attributable to modifications of the Work Product performed by others, or that arise from use of the Documents in connection with a project or site other than that shown in the Work Product.

5. Independent Contractor Status. Contractor, its officers, employees, subContractors, subcontractors, agents and volunteers (collectively hereinafter the “Contractor”), will perform the services in Contractor's own way and pursuant to this Agreement as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. The persons used by Contractor to provide the services under this Agreement will not be considered employees of City for any purposes. Neither the City nor any of its officers, employees, agents or volunteers shall have any control over the conduct of the 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 Service Agreement
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to such rights.

The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not pay any workers' compensation insurance, retirement contributions or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify and pay City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or contractor of Contractor for work done under this Agreement. At the City’s election, City may deduct the amounts paid pursuant to this Section, from any balance owing to Contractor.

6. Successors, Assignment and Delegation. City and the Contractor each binds themselves, their partners, successors, assigns and legal representatives to the other hereto and to partners, successors, assigns and legal representatives of such other party in respect to all covenants, agreements and obligations contained in this Agreement.

The expertise and experience of Contractor are material considerations for this Agreement. Contractor shall not assign or transfer any interest in this Agreement or the performance of any of Contractor’s obligations under this Agreement without the prior written consent of the City. Any attempted assignment or transfer of any of Contractor’s rights, duties or obligations arising under this Agreement shall be null and void.

7. Nondiscriminatory Employment Practices. During the performance of this Agreement, the Contractor agrees not to discriminate against any employee or applicant for employment because of race, sex, creed, color, religion, age, sexual orientation, marital status, national origin, political affiliation, handicap or belief in accordance with requirements of City, State or Federal laws and regulations. Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, sex, creed, color, religion, age, sexual orientation, marital status, national origin, political affiliation, handicap or belief in accordance with requirements of City, State or Federal laws and regulations. Such actions shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoffs or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.

The Contractor agrees to post in conspicuous places, available to employees, applicants and subcontractors for employment, notices setting forth the provisions of this non-discrimination clause.

In the event of the Contractor’s non-compliance with the non-discrimination clause of this Agreement, this Agreement may be immediately canceled, terminated or suspended in whole or in part.

8. Subcontracting. Contractor's services are unique and personal. Except as may be specified in Contractor’s Proposal and agreed to by the City, Contractor will not subcontract any portion of the services without prior written approval of City Manager or his/her designee. If Contractor subcontracts any of the services, Contractor will be fully responsible to City for the acts, errors and omissions of Contractor's subcontractor and of the persons either directly or Service Agreement
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indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City.

9. Other Contractors. The City reserves the right to employ other Contractors in connection with the services.

10. Indemnification. Contractor shall indemnify and save harmless the City, its officials, officers, employees, agents and volunteers (collectively hereinafter the “City”), against any and all damages to property or injuries to or death of any person or persons, including property and employees or agents of the City and shall indemnify and save the City from any and all liability and expense including reimbursement of reasonable defense costs and legal fees, and claims, demands, suits, actions or proceedings of any kind or nature, including Workers’ Compensation claims, of or by anyone whomsoever to the extent resulting from or arising out of the negligent, reckless or willful misconduct for the Contractor, its officers, employees, subContractors, subcontractors or agents in the performance of the duties undertaken by Contractor pursuant to this Agreement.

This indemnification and hold harmless obligation does not extend to claims arising out of the negligence or willful misconduct of the City.

11. Insurance. Without limiting the Contractor’s indemnification of the City, Contractor shall obtain and maintain, at its cost and expense, for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor’s agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. Such evidence shall specifically identify this Agreement and shall contain express conditions that the City is to be given written notice at least thirty (30) days in advance of any termination or implementation of a reduction of limits or material change of insurance coverage as specified herein. Failure on the part of the Contractor to procure or maintain insurance shall constitute a material breach upon which the City may immediately terminate this Agreement. All insurance required hereunder shall be primary with respect to any insurance maintained by the City.

Coverages and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, unless the Risk Manager or City Manager, in consultation with the City Attorney approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on 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 below-indicated insureds except for Workers’ Compensation and errors and omissions insurance. Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Service Agreement
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Contractor's sole expense.

11.1 Commercial General Liability Insurance. $1,000,000 combined singlelimit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits will apply separately to the work under this Agreement or the general aggregate will be twice the required per occurrence limit.

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

11.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code and Employer's Liability limits of $1,000,000 per accident for bodily injury. Workers' Compensation and Employer's Liability insurance will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this.

11.4 Professional Liability. Errors and omissions liability appropriate to Contractor’s profession with limits of not less than $1,000,000 per claim. The coverage shall also provide an extended two (2) year reporting period commencing upon termination or cancellation of this Agreement.

Endorsements. For Commercial General Liability Insurance and Automobile Liability Insurance, Contractor will ensure that the policies are endorsed to name the City of Compton and its respective elected and appointed officers, officials, employees, agents and volunteers as “additional insureds” with respect to liability arising out of the activities of the Contractor. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City.

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

12. Permits and Licenses. Contractor, at its own expense, during the term of this Agreement, shall obtain and maintain all appropriate business and professional permits, licenses and certificates that may be required in connection with the performance of services by the Contractor. Upon execution of this Agreement, the Contractor shall show evidence of a business license permit in conformance with Section 9-1.2 of the Compton Municipal Code.

13. Maintenance of Records. Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement.

Contractor shall maintain all records and will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period and to the extent required by laws relating to audits of public agencies and their expenditures, from the date of final payment under this Agreement.

14. Warranties. Contractor represents and warrants (i) that Contractor has no obligations, Service Agreement
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legal or otherwise, inconsistent with the terms of this Agreement or with Contractor’s undertaking this relationship with City, (ii) that the performance of the services called for by this Agreement do not and will not violate any applicable law, rule or regulation or any proprietary or other right of any third party, (iii) that Contractor will not use in the performance of his responsibilities under this Agreement any confidential information or trade secrets of any other person or entity and (iv) that Contractor has not knowingly entered into or will enter into any agreement (whether oral or written) in conflict with this Agreement.

15. Federal and State Withholding Taxes. 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.

16. General Compliance with Laws. Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of the services with all applicable laws, ordinances and regulations.

17. Termination. In the event of the Contractor's failure to prosecute, deliver, or perform the services, after giving written notice of default and two (2) days to correct the same, then, in addition to any other remedies, City may terminate this Agreement for nonperformance by notifying Contractor in writing. Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. In the event City elects to terminate, City will have the right to immediate possession of all Work Product and work in progress prepared by Contractor, whether located at the project site, at Contractor's place of business, or at the offices of a subContractor.

The City’s obligation is payable only from funds appropriated for the purpose of this Agreement. All funds for payments after the end of the current fiscal year are subject to the City’s legislative appropriation for this purpose. In the event this Agreement extends into succeeding fiscal year periods and the City Council does not allocate sufficient funds for the next succeeding fiscal year payments, this Agreement shall terminate immediately upon written notice from the City.

Either Party, upon tendering fifteen (15) calendar days written notice to the other Party, may terminate this Agreement for convenience. In this event and upon request of City, Contractor will assemble the work product without charge and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made.

18. Covenants Against Contingent Fees. 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 Service Agreement
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any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to terminate this Agreement for nonperformance, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee.

19. Claims and Lawsuits. By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation.

Contractor acknowledges that if a false claim is submitted to City by Contractor, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claim Act, applies to this Agreement and provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney’s fees.

Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative proceeding as a result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement.

20. Certifications. The Contractor, under penalty of perjury, certifies that, except as noted below, he/she or any other person association therewith in the capacity of owner, partner, director, officer, manager;
 Is not currently under supervision, voluntary exclusion, or determination of ineligibility by any Federal, State or local agency;
 Has not been suspended, voluntarily excluded or determined ineligible by any Federal, State or local agency within the past 3 years;
 Has not been indicted, convicted or had a civil judgment rendered against he/she/it by a court of competent jurisdiction in any matter involving fraud or official misconduct in connection with obtaining , attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property within the past 3 years.
 Are not presently indicted or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in the preceding paragraph; and
 Have not had one or more public transactions (Federal, State or local) terminated for cause or default within in the past 3 years.

If there are any exceptions to this certification, inset the exceptions in the following space. [Supply exceptions on separate page]
Service Agreement
ZORRO LANDSCAPE INC.

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For any exception noted above, indicate below to whom it applies, initiating agency and dates of action.
[Attach separate page]
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction. The above certifications are part of this contract. Signing this agreement on the signature portion thereof shall also constitute signature of the above certifications.
_________________________ _______________
Sergio Sandoval (Date)
Owner

21. Jurisdiction, Venue and Governing Law. Any action at law or in equity brought by either of the Parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of Los Angeles, State of California, and the Parties waive all provisions of law providing for a change of venue in these proceedings to any other county. This agreement will be governed by the laws of the State of California.

22. Testimony. Contractor will testify at City's request if litigation is brought against City in connection with Contractor's services under this agreement. Unless the action is brought by Contractor, or is based upon Contractor's actual or alleged negligence or other wrongdoing, City, upon prior written agreement with Contractor will compensate Contractor for time spent in preparation for testimony, testimony, and travel at Contractor's standard hourly rates at the time of actual testimony.

23. Waivers. The waiver by either Party of any breach or violation of any term, covenant, or condition of this Agreement or of any applicable law will not be deemed to be a waiver of such term, covenant, condition or law or of any subsequent breach or violation of same or of any other term, covenant, condition or law. The acceptance by either Party of any fee or other payment which may become due under this Agreement will not be deemed to be a waiver of any preceding breach or violation by the other Party of any term, covenant, or condition of this Agreement or any applicable law.

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

25. Severability. If any term, provision, condition or covenant of this Agreement or its application to any party or circumstances shall be held, to any extent, invalid or unenforceable, the remainder of this Agreement, or the application of the term, provision, condition or covenant to persons or circumstances other than those as to whom or which it is held invalid or unenforceable, shall not be affected, and shall be valid and enforceable to the fullest extent permitted by law.

26. Amendments. This Agreement may be modified or amended only be written Service Agreement
ZORRO LANDSCAPE INC.

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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.

27. Confidentiality. All documents, reports, information, data, and exhibits prepared or assembled by Contractor in connection with the performance of the Services pursuant to the Agreement are confidential until released by the City to the public, and the Contractor will not make any of these documents or information available to any individual or organization not employed by the Contractor or the City without the written consent of the City before any such release.

28. Entire Agreement. This Agreement, together with any other written document referred to or contemplated by it embody the entire Agreement and understanding between the parties relating to the subject matter of it. The City Manager is authorized, in consultation with the City Attorney, to agree to non-material amendments to this Agreement. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties.

29. Notices. Any notices required or permitted under this Agreement shall be effective when delivered in person; and effective one (1) business day after delivery by facsimile transmission; and effective five (5) days after mailing by U.S. Mail, postage prepaid and properly addressed as follows:

TO CONTRACTOR: ZORRO LANDSCAPE, INC.

Sergio Sandoval, Owner
10509 Angell Street
Norwalk, CA 90650
562-618-5940
TO CITY: CITY OF COMPTON
205 South Willowbrook Avenue
Compton, California 90220
Attn: General Manager, Water Department
(310) 605-5555
With Copy to: CITY OF COMPTON
205 South Willowbrook Avenue
Compton, California 90220
Attn: City Manager

30. Miscellaneous. No provision of this Agreement is to be interpreted for or against either party because that party or that party’s legal representative drafted such provision.

Should either party hereto, or any representative, successor or 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.

Service Agreement
ZORRO LANDSCAPE INC.

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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.

ZORRO LANDSCAPE, INC.

Dated: _______________ By ___________________________________ Sergio Sandoval, Owner

CITY OF COMPTON
Recommended for Approval:

By __________________________________ Dated: ______________ Jose Garfias, Interim General Manager
Water Department
Approved by:

Dated: _______________ By _________________________________ Willie A. Hopkins, Jr., City Manager
Service Agreement
ZORRO LANDSCAPE INC.

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Approved as to form:

By _________________________________ Dated: ______________ Eric J. Perrodin, City Attorney
ATTEST:

Dated: _______________ By __________________________________ Vernell McDaniel, City Clerk

April 9, 2024
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: PUBLIC WORKS STREET MAINTENANCE DEPARTMENT
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON

AUTHORIZING THE CITY MANAGER TO ESTABLISH A PURCHASE
ORDER WITH O’REILLY AUTOMOTIVE STORES, INC. FOR THE

ACQUISITION OF AUTO REPAIR PARTS AND VEHICLE

MAINTENANCE MATERIALS IN AN AMOUNT NOT TO EXCEED
ELEVEN THOUSAND DOLLARS ($11,000)

SUMMARY
The adoption of this resolution will authorize the City Manager to establish a purchase order with O’Reilly Automotive Stores, Inc. for the acquisition of auto repair parts and vehicle maintenance materials in an amount not to exceed Eleven Thousand Dollars ($11,000).

BACKGROUND
The Public Works Street Maintenance Department (Department) oversees the Street Maintenance, Fleet and Parks Maintenance Divisions. The Department uses a variety of vehicles to perform its daily tasks and provides repair and maintenance services to the City’s automotive and equipment fleet. To ensure that these vehicles remain in good condition, it is crucial to maintain an adequate inventory of automotive parts and supplies to prevent service disruptions and guarantee the successful repair and maintenance of vehicles within the City’s fleet.

STATEMENT OF THE ISSUE
In an effort to sustain the Department’s fleet of vehicles, it is a necessity for the Department to have the ability to readily purchase and acquire needed automotive repair parts and vehicle maintenance materials.

Staff has obtained quotes from three vendors for the purchase of auto parts to ensure the City is receiving the best price:

Vendor Price
Ray’s Auto Parts $ 1,482.86
Napa Auto Parts $ 1,376.53
O’Reilly Automotive Stores, Inc. $ 1,073.22

7. Staff Report – Resolution Authorizing P.O.

O’Reilly Automotive – Automotive Repair Parts
April 9, 2024, page 2
Each quote was provided on a line-item basis and were comparable in quality and function. However, O’Reilly Automotive Stores, Inc. provided the most cost-efficient quote in comparison with the other vendors, and has the ability to provide the needed parts and materials promptly.

The quotes attached to this item are for an immediate need of automotive parts to repair several City vehicles. However, the requested amount is based on an estimate of parts and maintenance materials needed for future repair needs for the remainder of the 2023- 2024 Fiscal Year.

Pursuant to Resolution No. 25,001, adopted by the City Council on April 23, 2019, the City Manager is authorized to expend up to $25,000.00 to any one single vendor in a fiscal year; however, the City has reached the threshold for O’Reilly Automotive Stores, Inc. for Fiscal Year 2023-2024. Therefore, City Council’s approval is required for this item.

FISCAL IMPACT
Funds for this expenditure are available in the Department’s Fiscal Year 2023-2024 Budget in the following account:

Account Description Amount
6000-720-000-4236 Maintenance & Repair $11,000.00

ALTERNATIVE
No other alternative is being proposed.

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

DAMION TIMMONS

STREET SUPERINTENDENT
APPROVED FOR FORWARDING:

WILLIE HOPKINS, JR.

CITY MANAGER
RESOLUTION NO. ________________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON

AUTHORIZING THE CITY MANAGER TO ESTABLISH A PURCHASE ORDER WITH O’REILLY AUTOMOTIVE STORES, INC. FOR THE ACQUISITION OF

AUTO REPAIR PARTS AND VEHICLE MAINTENANCE MATERIALS IN AN AMOUNT NOT TO EXCEED ELEVEN THOUSAND DOLLARS ($11,000)
WHEREAS, the Public Works Street Maintenance Department (Department) uses a variety of vehicles to perform its daily tasks and provides repair and maintenance services to the City’s automotive and equipment fleet; and WHEREAS, repair and maintenance of these vehicles require that the inventory of automotive parts and vehicle maintenance materials are maintained at an adequate level, purchased and delivered in a timely manner to prevent any service interruptions; and WHEREAS, it is a necessity for the Department to have the ability to readily acquire needed automotive repair parts and vehicle maintenance materials; and WHEREAS, staff has obtained three (3) quotes for automotive parts from the following vendors to ensure that the City is receiving the best price:

Vendor Price
Ray’s Auto Parts $ 1,482.86
Napa Auto Parts $ 1,376.53
O’Reilly Automotive Stores, Inc. $ 1,073.22
WHEREAS, staff has determined that O’Reilly Automotive Stores, Inc. is the lowest, most responsive and responsible vendor to provide automotive repair parts and maintenance materials; and
WHEREAS, the quotes that were obtained are for an immediate need of automotive parts to repair and maintain several City vehicles. However, the requested amount is based on an estimate of automotive parts and maintenance materials needed to repair vehicles for the remainder on the current fiscal year; and WHEREAS, pursuant to Resolution No. 25,001, adopted by the City Council on April 23, 2019, the City Manager is authorized to expend up to $25,000.00 to any one single vendor in a fiscal year; and
WHEREAS, the City has reached the threshold for O’Reilly Automotive Stores, Inc. for Fiscal Year 2023-2024 and City Council’s approval is required for this item; and WHEREAS, the Public Works Street Maintenance Department has funds available in the Fiscal Year 2023-2024 Budget for this expenditure in the following account:

Account Description Amount
6000-720-000-4236 Maintenance & Repair $11,000.00

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 establish a purchase order with O’Reilly Automotive Stores, Inc. for the acquisition of automotive parts and vehicle maintenance materials in an amount not to exceed Eleven Thousand Dollars ($11,000.00) from Account No. 6000-720-000-4236 (Maintenance & Repair).

Section 2. That funds for this expenditure are allocated in the Department’s Fiscal Year 2023-2024 Budget in Account No. 6000-720-000-4236 (Maintenance & Repair).

Resolution No. __________

Section 3. That a copy of this Resolution shall be filed in the offices of the City Clerk, City Manager, City Controller, City Attorney and Public Works Street Maintenance Department.

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 City Clerk at a regular meeting thereof held on this ________ day of ___________________, 2024.

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

AYES: COUNCILMEMBERSNOES: COUNCILMEMBERSABSTAIN: COUNCILMEMBERSABSENT: COUNCILMEMBERS- ___________ ___

CITY CLERK OF THE CITY OF COMPTON

April 9, 2024
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: PUBLIC WORKS STREET MAINTENANCE DEPARTMENT
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON

APPROVING A BUDGET AMENDMENT TO THE PUBLIC WORKS
STREET MAINTENANCE DEPARTMENT’S FISCAL YEAR 2023-2024

BUDGET AND AUTHORIZING THE CITY MANAGER TO ESTABLISH A

PURCHASE ORDER WITH LONG BEACH, LLC (BP FORD OF LONG

BEACH) FOR REPAIR AND MAINTENANCE OF FORD MOTOR

COMPANY MANUFACTURED FLEET AUTOMOBILES AND

EQUIPMENT IN AN AMOUNT NOT TO EXCEED TWENTY-FIVE
THOUSAND DOLLARS ($25,000)

SUMMARY
The adoption of this resolution will approve a budget amendment to the Public Works Street Maintenance Department’s Fiscal Year 2023-2024 Budget and authorize the City Manager to establish a purchase order with Long Beach, LLC (BP Ford of Long Beach) for repair and maintenance of Ford Motor Company manufactured fleet automobiles and equipment in an amount not to exceed Twenty-Five Thousand Dollars ($25,000).

BACKGROUND
The Public Works Street Maintenance Department (Department) oversees Street Maintenance, Fleet and Parks Maintenance Divisions. A primary objective of the Department is maintaining the City’s fleet. The Department is responsible for repairing and maintaining the City’s fleet, including scheduled servicing, inspections, and vehicle repairs to prevent potential problems and maximize vehicle availability.

The City’s fleet includes approximately thirty (30) Ford Motor Company manufactured makes and models of work trucks, cars and light and heavy equipment The Ford manufactured automotive and equipment fleet requires a regular, consistent schedule of repair and maintenance to ensure its safety, dependability, and to prevent service disruptions. Having a solid fleet maintenance plan is essential to effective public sector fleet management and ensures the City’s fleet of vehicles and equipment continues to provide essential citywide public services.

STATEMENT OF THE ISSUE
In an effort to sustain the City’s fleet of Ford manufactured automobiles and equipment, a key element is for the Department to have the capability of providing consistent, quality and timely repair services.

8. Staff Report – Resolution Authorizing P.O.

Long Beach, LLC (BP Ford of Long Beach) – Automotive Repair and Maintenance April 9, 2024, page 2
There is an urgent need for diagnoses and repair of Unit #922, Ford E-450 Dump Truck for numerous repair codes. Additionally, three (3) Ford Compressed Natural Gas (CNG) buses; Unit #921, Unit #922 and Unit #923, will need an annual Department of Transportation (DOT) check and repairs completed as required by State regulations. The diagnoses and repairs of these vehicles must be performed by an authorized Ford Motor Company Dealership.

Long Beach, LLC (BP Ford of Long Beach) is a local authorized Ford Motor Company Dealership that provides top-quality automotive care and maintenance. The dealership has an experienced team of certified technicians that are ready to provide expert knowledge and workmanship.

Pursuant to Resolution No. 25,001, adopted by the City Council on April 23, 2019, the City Manager is authorized to expend up to $25,000.00 to any one single vendor in a fiscal year; however, the City has reached the threshold for Long Beach, LLC (BP Ford of Long Beach) for Fiscal Year 2023-2024, and the Public Works Street Maintenance Department was unable to acquire repair and maintenance of Ford Motor Company manufactured fleet automobiles and equipment. Therefore, City Council’s approval is required for this item.

FISCAL IMPACT
The Department’s Fiscal Year 2023-2024 Budget will be amended as follows:

Decrease Expenditure Account Description Amount
1001-720-000-4234 Disposal Fees $25,000.00
Increase Expenditure Account Description Amount
6000-720-000-4220 Automotive Equipment $25,000.00
Funds in the amount not to exceed Twenty-Five Thousand Dollars ($25,000.00) for this expenditure will be available in the Department’s Fiscal Year 2023-2024 Budget in Account No. 6000-720-000-4220.

ALTERNATIVE
No other alternative is being proposed.

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

Staff Report – Resolution Authorizing P.O.

Long Beach, LLC (BP Ford of Long Beach) – Automotive Repair and Maintenance April 9, 2024, page 3

DAMION TIMMONS

STREET SUPERINTENDENT
APPROVED FOR FORWARDING:

WILLIE HOPKINS JR.

CITY MANAGER
RESOLUTION NO. ________________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON

APPROVING A BUDGET AMENDMENT TO THE PUBLIC WORKS STREET MAINTENANCE DEPARTMENT’S FISCAL YEAR 2023-2024 BUDGET AND

AUTHORIZING THE CITY MANAGER TO ESTABLISH A PURCHASE ORDER

WITH LONG BEACH, LLC (BP FORD OF LONG BEACH) FOR REPAIR AND

MAINTENANCE OF FORD MOTOR COMPANY MANUFACTURED FLEET

AUTOMOBILES AND EQUIPMENT IN AN AMOUNT NOT TO EXCEED
TWENTY-FIVE THOUSAND DOLLARS ($25,000)
WHEREAS, the Public Works Street Maintenance Department (Department) oversees Street Maintenance, Fleet and Parks Maintenance Divisions. A primary objective of the Department is maintaining the City’s fleet; and WHEREAS, the City’s fleet includes approximately thirty (30) Ford Motor Company manufactured makes and models of work trucks, cars and light and heavy equipment; and
WHEREAS, the Ford manufactured automotive and equipment fleet requires a regular, consistent schedule of repair and maintenance to ensure its safety, dependability, and to prevent service disruptions; and
WHEREAS, Long Beach, LLC (BP Ford of Long Beach) is a local authorized Ford Motor Company Dealership that provides top-quality automotive care and maintenance.

The dealership has an experienced team of certified technicians that are ready to provide expert knowledge and workmanship; and
WHEREAS, pursuant to Resolution No. 25,001, adopted by the City Council on April 23, 2019, the City Manager is authorized to expend up to $25,000.00 to any one single vendor in a fiscal year; and
WHEREAS, the Department has reached the threshold for Long Beach, LLC (BP Ford of Long Beach) for Fiscal Year 2023-2024 and City Council’s approval is required for this item; and
WHEREAS, to provide funding for this vital service, it is necessary to amend the Department’s Fiscal Year 2023-2024 Budget to increase funds in the Equipment Rental Fund, Automotive Equipment Account; and
WHEREAS, the Department’s Fiscal Year 2023-2024 Budget will be amended as follows:

Decrease Expenditure Account Description Amount
1001-720-000-4234 Disposal Fees $25,000.00
Increase Expenditure Account Description Amount
6000-720-000-4220 Automotive Equipment $25,000.00
Funds in an amount not to exceed Twenty-Five Thousand Dollars ($25,000.00) for this expenditure will be available in the Department’s Fiscal Year 2023-2024 Budget in Account No. 6000-720-000-4220.

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 amend the Public Works Street Maintenance Department’s Fiscal Year 2023-2024 Budget as follows:

Decrease Expenditure Account Description Amount
1001-720-000-4234 Disposal Fees $25,000.00
Resolution No. __________

Increase Expenditure Account Description Amount
6000-720-000-4220 Automotive Equipment $25,000.00
Funds in an amount not to exceed Sixty-Five Thousand Dollars ($25,000.00) for this expenditure will be available in the Department’s Fiscal Year 2023-2024 Budget in Account No. 6000-720-000-4220.

Section 2. That the City Manager is hereby authorized to establish a purchase order with Long Beach, LLC (BP Ford of Long Beach) for repair and maintenance of Ford Motor Company manufactured fleet automobiles and equipment in an amount not to exceed Twenty-Five Thousand Dollars ($25,000.00) from Account No. 6000-720-000- 4220.

Section 3. That a copy of this Resolution shall be filed in the offices of the City Clerk, City Manager, City Controller, City Attorney and Public Works Street Maintenance Department.

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 City Clerk at a regular meeting thereof held on this ________ day of ___________________, 2024.

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

AYES: COUNCILMEMBERSNOES: COUNCILMEMBERSABSTAIN: COUNCILMEMBERSABSENT: COUNCILMEMBERS- ___________ ___

CITY CLERK OF THE CITY OF COMPTON
April 9, 2024
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: NEBRASKA JONES

GENERAL SERVICES DIRECTOR
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AMENDING THE GENERAL SERVICES DEPARTMENT 2023-2024
FISCAL YEAR BUDGET TO APPROPRIATE $7,485.00 FROM THE

INSURANCE RECOVERY FUND AND ISSUE A PURCHASE ORDER TO
MAVEN ROOFING COMPANY ($7,485.00)

SUMMARY
Adoption of the attached resolution will amend the General Services 2023-2024 Fiscal Year Budget and authorize the City Manager to establish a purchase order to Maven Roofing Company in the amount of Seven Thousand Four Hundred Eighty-Five Dollars and Zero Cents ($7,485.00) for the skylight located at Lueders Park Gymnasium.

BACKGROUND
The City of Compton owns certain real property at 1500 E. Rosecrans Avenue, Compton, CA 90221, known as Lueders Park. In late 2022 and early 2023, California endured severe weather conditions. During the winter storms, the city experienced damage to various facilities. Lueders Park was affected by water intruding through the gymnasium skylight. City staff filed an insurance claim and was awarded restitution on January 16, 2024, for damages caused by the winter storm to eleven (11) city-owned facilities in the amount of $655,254.52.

STATEMENT OF THE ISSUE
The skylight at Lueders Park currently poses various risks to the building infrastructure.

Replacing the skylight is a priority to avoid the potential growth of mold and mildew, which can damage the building materials and pose health risks to park staff or visitors. The damage caused by the leakage has prompted the need for immediate action.

City staff examined the skylight and obtained quotes from Maven Roofing Company, Best Contracting Services, and Chapman Coast. The contractors provided the following quotes for the removal and replacement of the skylight:

CONTRACTOR AMOUNT
Maven Roofing Company $7,485.00
Best Contracting Services $8,525.00
Chapman Coast $12,713.00

9. Staff Report – Purchase Order
Maven Roofing Company - ($7,485.00)
April 09, 2024 Page 2 of 3
Staff reviewed quotes and has determined that Maven Roofing Company is the most responsible vendor for this project.

ALTERNATIVE
No other alternative is offered at this time.

FISCAL IMPACT
Insurance recovery funds were provided by Lexington Insurance Company in the amount of $655,254.52 for claim 2660846043US and were deposited into the insurance recovery account number 1001-000-000-3751 on January 16, 2024.

Upon approval of this resolution, the City Council will authorize the department to amend the budget appropriation as follows:

Increase in Revenue Appropriation:

Account No. Description Amount
1001-000-000-3751 Insurance Recovery $7,485.00
1004-000-000-3920 Contributions From Other Funds $7,485.00 Increase in Expenditure Appropriation:

Account No. Description Amount
1004-600-000-4300 Capital Outlay $7,485.00
1001-610-000-4290 Contributions To Other Funds $7,485.00 Funds in the amount not to exceed Seven Thousand Four Hundred Eighty-Five Dollars and Zero Cents ($7,485.00) for this expenditure will be available in the FY 2023- 2024 Budget in Account No. 1004-610-000-4300 upon Mayor and City Council approval of the attached resolution.

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

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 AMENDING THE GENERAL SERVICES DEPARTMENT 2023-2024 FISCAL YEAR BUDGET TO APPROPRIATE $7,485.00 FROM THE INSURANCE

RECOVERY FUND AND ISSUE A PURCHASE ORDER TO MAVEN ROOFING

COMPANY FOR THE REPLACEMENT OF THE GYMNASIUM SKYLIGHT
LOCATED AT LUEDERS PARK ($7,485.00)
WHEREAS, the City of Compton owns certain real property located at 1500 E.

Rosecrans Avenue, Compton, CA 90221, known as Lueders Park, and is responsible for maintaining the City’s administrative buildings, parks, fire stations, service yards, and leased properties; and
WHEREAS, in late 2022 and early 2023, California endured severe weather conditions, in which the winter storms caused damage to various city-owned facilities; and WHEREAS, Lueders Park was one of the eleven (11) facilities affected by water intruding into the building; and
WHEREAS, City staff filed an insurance claim and was awarded restitution on January 16, 2024, to conduct repairs to those facilities affected by the winter storm; and WHEREAS, the skylight at Lueders Park currently poses a risk to the building infrastructure and potential growth of mold and mildew; and WHEREAS, continuous moisture can damage the building materials and pose health risks to park staff or visitors; and
WHEREAS, the City of Compton Risk Management Division received restitution for claim number 2660846043US in the amount of $655,254.52, which was deposited into the City of Compton Insurance Recover Account No. 1001-000-000-3751 on January 16, 2024, and
WHEREAS, City staff examined the skylight and obtained quotes from Maven Roofing Company, Best Contracting Services and Chapman Coast; and WHEREAS, the contractors provided the following quotes for the removal and replacement of the skylight:

CONTRACTOR AMOUNT
Maven Roofing Company $7,485.00
Best Contracting Services $8,525.00
Chapman Coast $12,713.00
WHEREAS, Staff reviewed quotes and has determined that Maven Roofing Company is the most responsible vendor for this project; and WHEREAS, the General Services Department is requesting to amend the 2023- 2024 Fiscal Year budget to appropriate and to transfer funds from the Insurance Recovery Account No. 1001-000-000-3751 to the General Services Department Capital Outlay Account No. 1004-600-000-4300; and
WHEREAS, upon approval of this resolution, expenditures for this project will be allocated in Account No. 1004-600-0000-4300 in the amount not to exceed Seven Thousand Four Hundred Eighty-Five Dollars and Zero Cents ($7,485.00); and WHEREAS, staff recommends adoption and approval of this resolution by the Mayor and City Council.

Resolution No. __________

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

Section 1. That the City Council will authorize the General Services department to amend the budget appropriation as follows:

Increase in Revenue Appropriation:

Account No. Description Amount
1001-000-000-3751 Insurance Recovery $7,485.00
1004-000-000-3920 Contributions From Other Funds $7,485.00 Increase in Expenditure Appropriation:

Account No. Description Amount
1004-600-000-4300 Capital Outlay $7,485.00
1001-610-000-4290 Contributions To Other Funds $7,485.00 Section 2. That the City Manager is hereby authorized to establish a purchase order to Maven Roofing Company in the amount not to exceed Seven Thousand Four Hundred Eighty-Five Dollars and Zero Cents ($7,485.00).

Section 3. 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 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 City Clerk at a regular meeting thereof held on this ________ day of ___________________, 2024.

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

AYES: COUNCILMEMBERSNOES: COUNCILMEMBERSABSTAIN: COUNCILMEMBERSABSENT: COUNCILMEMBERS- ___________ ___

CITY CLERK OF THE CITY OF COMPTON
Project Proposal
February 16, 2024
To: City of Compton
205 S. Willowbrrook Ave.

Compton, CA. 90220
From: Maven Roofing Company
Bellflower, CA 90706
(562) 355-3872
A brief description of the proposed project is as follows; Regarding: City of Compton Leuders Gym Skylight Replacement SCOPE OF WORK:

1. Remove and dispose existing curb mounted skylight

2. Install new skylight with like in kind.

3. Seal all existing skylights with tuff stuff caulking Bid Info:
• Normal Work Hours, Prevailing Wage
* CFCI materials
The total cost for the above listed project is: $7,485.00 Project Proposal
This is considered a contract between City of Compton and Maven Roofing Company. This contract is an agreement between both parties for the full above listed amount.

I_____________________________________ accept the terms of the bid. Sign ___________________________________________
Thank you for the privilege of quoting
Regards,
Maven Roofing Company
Contractor’s License Number 456263

Date: February 28, 2024 Subject: Skylight
Ref: WO #20657 Proposal #: 5540
19027 S HAMILTON AVE, GARDENA, CA 90248  TEL: (310) 328-6969 FAX: (310) 217-8938 WEBSITE: WWW.BESTCONTRACTING.COM
BEST FAX PROJECT PROPOSAL FORM (REVISED AUGUST 6, 2005)

SERVICE WORK

PROPOSAL
Proposal For: Miles Taylor Proposal No: 5540
Company: The Garland Company Inc/DBS. Phone: (310) 220-0334 Address: 3800 East 91st Street
Cleveland, OH 44105-2197
Fax: (310) 220-0334
Project: WO #20657
Compton Leuders Park
Email: mtaylor@garlandi
nd.com
Project Address: 1500 E. Rosecrans Avenue, Compton, CA 90221 Price: $8,525.00
SCOPE OF WORK:
• Remove one (1) damaged mounted skylight.
• Install new skylight with like in kind to mount to existing curb. • Seal all existing twenty-three (23) skylights with tuff stuff caulking.

INCLUSIONS:
• Labor, material, equipment, and supervision, including all applicable taxes required completing the project.

EXCLUSIONS:

1. Drains, scuppers, and crickets

2. All carpentry, electrical, HVAC-mechanical and plumbing

3. All sheet metal work and metal roofing

4. Deck preparation: (Tear-off, repair and replacement)

5. Asbestos abatement

6. Protection of completed roofing from construction traffic.

7. All other work not specifically stated under the Scope of Work above.

NOTES:

1. Validity 30 days from date of proposal.

2. Prices are based on one continuous project. Should the project be interrupted at the client’s instruction, there will be a charge of $1,250.00/per each additional move-in.

Contractor’s License Number 456263

Date: February 28, 2024 Subject: Skylight
Ref: WO #20657 Proposal #: 5540
19027 S HAMILTON AVE, GARDENA, CA 90248  TEL: (310) 328-6969 FAX: (310) 217-8938 WEBSITE: WWW.BESTCONTRACTING.COM
BEST FAX PROJECT PROPOSAL FORM (REVISED AUGUST 6, 2005)

SERVICE WORK

PROPOSAL

3. The proposed price is based on executing this BEST Contracting Services, Inc. proposal, Terms and Conditions. Your acceptance of this proposal may be made by signing this proposal.

4. Under no circumstance will this proposal be performed under a client’s Subcontract Agreement.

5. A copy of Best’s Certificate of Insurance to complete the job will be issued covering General Liability, Auto, and Workman’s Compensation. We will not provide Additional Insured Certificates for Service-related work.

6. Upon receipt of our signed proposal (signed by an agent authorized to bind Contracts on behalf of your firm), or receipt of your Purchase Order, we will schedule the described work to be started.

PAYMENT TERMS:

INVOICE IS PAYABLE UPON RECEIPT.
• Absolutely no retention is to be withheld from the contract price of this Service Order proposal. • All unpaid amounts will accrue interest at the annual rate of 10%.

We appreciate the opportunity to submit this bid and look forward to working with you towards the successful completion of your project.

Should you have any questions, please don’t hesitate to contact me at: (310) 328-6969 – Ext. 259 Respectfully Submitted:

Mr. Mike Jimenez,
Service Foreman
BEST Contracting Services, Inc.

Contractor’s License Number 456263

Date: February 28, 2024 Subject: Skylight
Ref: WO #20657 Proposal #: 5540
19027 S HAMILTON AVE, GARDENA, CA 90248  TEL: (310) 328-6969 FAX: (310) 217-8938 WEBSITE: WWW.BESTCONTRACTING.COM
BEST FAX PROJECT PROPOSAL FORM (REVISED AUGUST 6, 2005)

SERVICE WORK

PROPOSAL
Price: $8,525.00
SPECIAL NOTE:
❖ The construction industry is currently experiencing rapidly escalating prices and material availability problems relating to isocyanurate insulation, steel construction and asphalt-based roofing products. The availability and pricing of isocyanurate, steel and some roofing products is currently subject to sudden significant change beyond the control of the construction contractors. Because of the difficulty in obtaining firm prices for isocyanurate, steel and petroleum-based products from its’ suppliers, BEST Contracting Services, Inc. cannot provide fixed, firm prices for isocyanurate and steel products for future projects. If there is an increase in the price of isocyanurate, steel or petroleum-based products charged to BRW subsequent to making this proposal/contract, the price set forth in this proposal/ contract shall be increased to reflect the additional cost to BEST Contracting Services, Inc. upon BEST’s submittal of written documentation of the increased charges.
❖ For projects performed after October 1, 2005, the California Code Title 24 Part 6, requires new roofing standards for buildings that are electrically air conditioned and have a roof slope of 2:12 or less. The specifications for the project in this proposal may or may not have been written to comply with this new law. If the specifications to which we submitted this proposal do not meet these new requirements a price increase may be necessary. Please call your BEST Account Executive whose name appears on this proposal with any questions.

Authorization to Proceed:

The Terms and Conditions attached herewith are expressly incorporated into this proposal and form the contract between both parties.
• Please note that under no circumstance will this proposal be performed under a client’s subcontractor agreement if the value of this proposal is under $10,000.00. • Absolutely no retention is to be withheld from the contract price of this Service Work proposal.

COMPANY NAME
BY:

PRINTED NAME & TITLE

SIGNATURE
DATE:

Contractor’s License Number 456263