Agenda packet — Compton City Council, May 7, 2024 (part 1 of 2)

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
05/07/2024
CLOSED SESSION 4:30 PM
PUBLIC MEETING 5:30 PM

HEARING(S)
5:35 PM - PUBLIC HEARING -TO RESCIND AND RATIFY RESOLUTION 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 DEVELOPMENT

OPENING

MOMENT OF SILENCE

PLEDGE OF ALLEGIANCE

ROLL CALL

PUBLIC COMMENT ON CLOSED SESSION ITEMS ONLY
-2- City Council Agenda 5/7/2024
5:30 PM

CLOSED SESSION

PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Title: City Manager
Pursuant to California Government Code Section 54957

PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Title: City Controller
Pursuant to California Government Code Section 54957
PUBLIC MEETING - 5:30 PM

REPORT ON CLOSED SESSION ACTION(S)

COMMENDATORY RESOLUTIONS/PRESENTATIONS

1. PROCLAMATION FOR PROFESSIONAL MUNICIPAL CLERKS WEEK - Mayor Emma Sharif

PUBLIC COMMENTS ON AGENDA ITEMS AND NON-AGENDA MATTERS

CONSENT AGENDA
Consent items are routine and expected to be non-controversial. They will be acted upon by the Council at one time without discussion unless a Council Member requests an item be removed or discussed..

APPROVAL OF MINUTES

2. September 5, 2023

CITY CLERK

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

AUTHORIZING THE CITY MANAGER TO ESTABLISH A PURCHASE ORDER

WITH THE SHI' INT'L CORP FOR THE PURCHASE OF ADOBE ACROBAT PRO

FOR TEAMS SUBSCRIPTION FOR EDITING PDF FILES IN AN AMOUNT NOT

TO EXCEED ONE THOUSAND THREE-HUNDRED FOUR DOLLARS SEVENTY CENTS ($1,304.70)

CITY CONTROLLER

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

AUTHORIZE AN AMENDMENT TO THE CITY CONTROLLER'S DEPARTMENT FY2023-2024 BUDGET, AND TO AUTHORIZE THE CITY MANAGER TO OPEN A

NEW PURCHASE ORDER TO TANDYM GROUP LLC, AND ROBERT HALF -3- City Council Agenda 5/7/2024
5:30 PM
INTERNATIONAL INC. FOR CONTINUAL ACCOUNTING TEMP AGENCY SERVICES ($75,000 FOR ALL AGREEMENTS COMBINED).

CITY FIRE DEPARTMENT

5. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON DECLARING ONE (1) TILLER TRUCK & ONE (1) FIRE ENGINE AS SURPLUS

PROPERTY AND AUTHORIZING THE CITY MANAGER TO SELL, DONATE OR

DISPOSE OF SAID VEHICLES TO PERFORMANCE TRUCK REPAIR INC

CITY MANAGER

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

AUTHORIZING THE CITY MANAGER TO ESTABLISH A PURCHASE ORDER

FOR ALL STAR INTERPRETING SERVICE FOR PROVISION OF SPANISH

LANGUAGE TRANSLATION SERVICES FOR THE TRANSLATION OF THE CITY CHARTER IN THE AMOUNT OF THIRTY-FIVE HUNDRED DOLLARS ($3,500)

GENERAL SERVICES

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

AUTHORIZING THE CITY MANAGER TO ENTER INTO A PROFESSIONAL

SERVICE AGREEMENT AND ESTABLISH A PURCHASE ORDER TO THE GORDIAN GROUP, INC. FOR CONSTRUCTION MANAGEMENT SERVICES FOR THE 2024 HVAC PROJECTS FOR EIGHT (8) CITY-OWNED FACILITIES ($59,283.87)

8. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AMENDING THE GENERAL SERVICES DEPARTMENT 2023-2024 FISCAL YEAR BUDGET TO APPROPRIATE $25,000.00 FROM THE INSURANCE

RECOVERY FUND AND ISSUE A PURCHASE ORDER TO HD SUPPLY
FACILITIES MAINTENANCE DBA THE HOME DEPOT PRO ($25,000.00)

PUBLIC WORKS DEPARTMENT

9. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AUTHORIZING THE CITY MANAGER TO AMEND THE FISCAL YEAR 2023-2024

BUDGET APPROPRIATING ADDITIONAL FUNDS FROM FUND BALANCE AND

ESTABLISHING SUPPLEMENTAL PURCHASE ORDERS TO ONE OR MORE

VENDORS (JANKOVICH, SC FUELS AND WOOD OIL) FOR THE PURCHASE OF

GASOLINE FOR THE CITY'S FLEET IN AN AMOUNT NOT TO EXCEED ONE HUNDRED FIFTY THOUSAND DOLLARS ($150,000)

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

AUTHORIZING THE CITY MANAGER TO ESTABLISH A PURCHASE ORDER

WITH HAAKER EQUIPMENT COMPANY FOR PAYMENT OF OUTSTANDING INVOICES FOR SEWER TRUCK REPAIRS ($6,418.96)
-4- City Council Agenda 5/7/2024
5:30 PM

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

BUDGET AND AUTHORIZING THE CITY MANAGER TO ESTABLISH A

PURCHASE ORDER WITH EL GRAN TORINO CORPORATION FOR THE

CITYWIDE RESTORATION OF STREET SWEEPING SIGNS IN AN AMOUNT NOT TO EXCEED FORTY-SIX THOUSAND DOLLARS ($46,000)

REGULAR AGENDA

CITY MANAGER'S REPORT

12. A REQUEST TO SCHEDULE THE 2024 FIREWORKS PUBLIC HEARING (May 28, 2024 at 5:35 p.m.)

NEW BUSINESS

13. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON DECLARING MAY, 2024 PACIFIC ISLANDER HERITAGE MONTH IN THE CITY

OF COMPTON

14. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AUTHORIZING THE CITY MANAGER TO ENTER INTO A TWELVE (12) MONTH

AGREEMENT WITH THE COALITION FOR HUMANE IMMIGRANT RIGHTS (CHIRLA) FOR THE LEASE OF CITY-OWNED PROPERTY LOCATED AT 700

NORTH BULLIS ROAD

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

AUTHORIZING THE CITY MANAGER TO ENTER INTO A DONATION

AGREEMENT BETWEEN THE CITY OF COMPTON AND THE CRESSEY PARK

LEGENDS FOR THE INSTALLATION OF THE PROPOSED COMPTON CONNIE

MACK BASEBALL LEAGUE MEMORIAL AT GONZALES PARK

16. 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 TO ACCO ENGINEERED SYSTEMS FOR HVAC PROJECTS AND SECURITY CAGES FOR EIGHT (8) CITY-OWNED FACILITIES ($996,367.53)

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

AUTHORIZING THE CITY MANAGER TO AMEND THE COMMUNITY
DEVELOPMENT DEPARTMENT FISCAL YEAR 2023-2024 BUDGET IN THE

AMOUNT OF TWO HUNDRED TEN THOUSAND SEVEN HUNDRED SEVEN
DOLLARS AND EIGHT CENTS ($210,707.08) AND ESTABLISH A PURCHASE

ORDER FOR THE ARROYO GROUP IN THE AMOUNT OF TWO HUNDRED TEN

THOUSAND SEVEN HUNDRED SEVEN DOLLARS AND EIGHT CENTS
($210,707.08) FOR PREPARATION AND COMPLETION OF THE MTA FUNDED

COMPTON TRANSIT ORIENTED DEVELOPMENT SPECIFIC PLAN AND

ENVIRONMENTAL IMPACT REPORT
-5- City Council Agenda 5/7/2024
5:30 PM

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

AUTHORIZING THE CITY MANAGER TO ACCEPT THE CONSTRUCTION OF THE ANNUAL RESIDENTIAL STREET REHABILITATION PROJECT (CIP3 18-01, PHASE 2B) AS COMPLETE, DIRECT STAFF TO FILE THE NOTICE OF

COMPLETION WITH THE LOS ANGELES COUNTY RECORDER'S OFFICE AND

AUTHORIZE THE RELEASE OF THE CONTRACTOR'S RETENTION
($317,918.18).

19. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AMENDING THE PUBLIC WORKS ENGINEERING DEPARTMENT’S 2023-2024

FISCAL YEAR BUDGET AND AUTHORIZING THE CITY MANAGER TO ENTER INTO A SECOND AMENDMENT OF AGREEMENT NO. R0919 WITH AND

ESTABLISH A PURCHASE ORDER FOR ALAMEDA CORRIDOR

TRANSPORTATION AUTHORITY (ACTA) IN AN AMOUNT NOT-TO-EXCEED TWO HUNDRED TWENTY-SIX THOUSAND DOLLARS ($226,000.00)

COUNCIL COMMENTS

ADJOURNMENT
NEXT REGULAR MEETING: 5/14/2024 5:30:00 PM 5:30:00 PM.

Visit our website at http://www.comptoncity.org

1. SEPTEMBER 5, 2023
The Compton City Council meeting was called to order at 5:39 p.m. by Mayor Emma Sharif in the Council Chambers of City Hall. The Moment of Silence Ceremony and the Pledge of Allegiance was also led by Mayor Sharif.

ROLL CALL
Council Members Present: D. Duhart, A. Spicer, L. Darden, Mayor E. Sharif Council Members Absent: J. Bowers

Other Officials Present: E. Perrodin, V. McDaniel, B. Mims, T. Thomas

PUBLIC COMMENTS ON AGENDA ITEMS AND NON-AGENDA MATTERS
Lorena Salgado petitioned the City Council to help her find her son. She explained that he was kidnapped in June and that she has yet to be offered any type of counseling or legal advice from the Sheriff’s Department to help her deal with this situation.

Mayor Sharif referred Ms. Salgado to staff.

Maria Loma articulated her support for Ms. Salgado and the search for her son.

Omar Spry questioned why he received a citation for a vehicle parked in his driveway. He stated that he was issued a fine and penalties before the compliance date expired. He further commented that the citation did not cite any particular violation for him to fix. Mayor Sharif referred Mr. Spry to staff.

Gonzalo Lopez questioned why the City is charging him more than $2,200 for a debt incurred in 1940. Mayor Sharif referred Mr. Lopez to staff.

Rodney Lister asked the City Council to explain the process and criteria that is used to determine what areas in the City will be beautified. Mr. Lister also asked the City Council where he could find a copy of the approved budget.

Joey Salem, Latino Chamber of Commerce, introduced the Affordable Connectivity Program (ACP) to the Compton community. He announced that they would be offering free tablets and cell phones to eligible residents at Gonzales Park on Saturday, September 16. For more information, residents are asked to call (562) 332-3514.

Maria Villa Real, Latino Chamber of Commerce, encouraged non-documented residents to attend “Citizenship Classes” held every third Monday of the month at 920 Long Beach Boulevard.

Claudia Miranda, Latino Chamber of Commerce, solicited the residents to take advantage of the following services offered at the Latino Chamber of Commerce: financial education services, wills and trusts, healthcare, human resources, coaching and career development.

Jackie Venters asked the City Council to announce their solution to addressing homelessness in the City of Compton. Ms. Ventures cited inconsistent efforts by the City to help the residents with the homeless and the areas that they frequent.

Miller Martin petitioned the City Manager to transfer Tony Ward out of Code Enforcement due to the issuance of illegal citations. Mr. Martin invited the residents to attend an enrollment event at Compton College on Saturday, September 9, beginning at 11:00 a.m.

Kim De La Manning asked the City Manager to address the abandoned items on the corner of 156th Street between Central and Wilmington Boulevard. She also asked that someone address the mentally ill person who parks their mobile home in front of the 99 Cent Store on Alondra Boulevard.

2. Missy Barbara asked the City Attorney to address the legalities of the special meeting held in July. She also asked that Mayor Sharif address the $17M that City Treasurer Sanders left behind.

Mark Smith petitioned the City Council to address the illegal dumping in his neighborhood because he spent half the night removing abandoned items left near his home on West Alondra Boulevard. He inquired about the enforcement of the policies already created to deter illegal dumping - and suggested that the City use signage to prevent future occurrences.

Tanya Lewis asked the City Council to address the potholes and illegal dumping on Central and Greenleaf Boulevard. She went on to ask the Mayor to announce her plan to move the City of Compton forward.

Alonzo Williams, President of Compton Entertainment Chamber of Commerce, announced that he would like to partner with the City of Compton and Red Cross to train residents on how to become rescue workers.

Lynn Boone advised the City Council that the proof of publication and applicant proposals are missing from Item Number Twelve. She referenced Item Number Three and declared a conflict of interest involving Councilperson Spicer and Mayor Sharif.

CONSENT AGENDA
On motion by Spicer, seconded by Duhart, the Consent Agenda was approved by the following vote on roll call:

AYES: Council Members – Duhart, Spicer, Darden, Sharif
NOES: Council Members – None
ABSENT: Council Members – Bowers

APPROVAL OF MINUTES

1. April 11, 2023 - (Approved)

2. April 18, 2023 - (Approved)

REGULAR AGENDA
CITY MANAGER’S REPORT

3. REQUEST TO SCHEDULE A PUBLIC HEARING FOR AN APPEAL OF THE

PLANNING COMMISSION DECISION TO DENY ARCHITECTURAL REVIEW BOARD CASE NO. 23-0031, A REQUEST TO CONSTRUCT AND OPERATE A 500 STUDENT CHARTER MIDDLE SCHOOL AT 900 EAST COMPTON BLVD.

On motion by Darden, seconded by Spicer, a public hearing was scheduled to be held on Tuesday, September 26, 2023 at 5:45 p.m., by the following vote on roll call:

AYES: Council Members – Duhart, Spicer, Darden, Sharif
NOES: Council Members – None
ABSENT: Council Members – Bowers

4. REQUEST TO AUTHORIZE TRAVEL FOR ELECTED OFFICIALS – LEAGUE OF

CALIFORNIA CITIES ANNUAL CONFERENCE AND EXPO IN SACRAMENTO CA ON SEPTEMBER 20, 2003, THRU SEPTEMBER 22, 2003
Councilperson Spicer and Mayor Shariff announced that they would be attending the League of California Cities Annual Conference and Expo in Sacramento, California.

NEW BUSINESS

5. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON RESCINDING RESOLUTION NO. 25,872 AND RATIFYING A LIMITED DURATION EMPLOYMENT AGREEMENT WITH DAVID A. PASCHAL TO SERVE AS

INTERIM ASSISTANT CITY MANAGER OF THE CITY OF COMPTON AS

APPROVED BY THE CITY COUNCIL AS A SUBSEQUENT NEED AGENDA ITEM ON JULY 25, 2023, CITY COUNCIL AGENDA MEETING
On motion by Spicer, seconded by Duhart, Resolution Number 25,883 entitled ‘A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON RESCINDING RESOLUTION NO. 25,872 AND RATIFYING A LIMITED DURATION EMPLOYMENT AGREEMENT WITH DAVID A. PASCHAL TO SERVE AS INTERIM ASSISTANT CITY

MANAGER OF THE CITY OF COMPTON AS APPROVED BY THE CITY COUNCIL AS A SUBSEQUENT NEED AGENDA ITEM ON JULY 25, 2023, CITY COUNCIL AGENDA MEETING’ was adopted by the following vote on roll call:

AYES: Council Members – Duhart, Spicer, Darden, Sharif
NOES: Council Members – None
ABSENT: Council Members – Bowers

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

DECLARING A MOVEMENT TO CLEAN AND BEAUTIFY THE CITY OF

COMPTON
Councilperson Spicer asked the City Manager to address how the City intends to make employees accountable for issuing citations for code violations.

City Manager Groomes explained that the City intends to install a camera system in hot spots to identify violators by their license plate numbers and other identification means.

Councilperson Duhart inquired about the installation date of the “No Dumping” signs. City Manager Groomes answered that staff is in the process of re-purposing signage for installation.

Councilperson Spicer asked the City Manager to address how this effort will be advertised to the Compton community.

City Manager Groomes notified the residents that the Beautification Committee will be partnering with the block clubs, Compton College, Compton Initiative and Compton Unified School District to ensure that everyone has an opportunity to get involved.

Councilperson Darden recommended the installation of banners and more trash receptacles to help clean and beautify the City.

Mayor Shariff spoke in agreement with the recommendations offered by the City Manager and City Council.

On motion by Duhart, seconded by Darden, Resolution Number 25,884 entitled ‘A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON DECLARING A MOVEMENT TO CLEAN AND BEAUTIFY THE CITY OF COMPTON’ was adopted by the following vote on roll call:

AYES: Council Members – Duhart, Spicer, Darden, Sharif
NOES: Council Members – None
ABSENT: Council Members – Bowers

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

AUTHORIZING THE CITY MANAGER TO RENAME THE ONE HUNDRED BLOCK

OF AUTO DRIVE SOUTH TO EAZY STREET
On motion by Spicer, seconded by Duhart, Resolution Number 25,885 entitled ‘A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON

AUTHORIZING THE CITY MANAGER TO RENAME THE ONE HUNDRED BLOCK OF AUTO DRIVE SOUTH TO EAZY STREET’ was adopted by the following vote on roll call:

AYES: Council Members – Duhart, Spicer, Darden, Sharif
NOES: Council Members – None
ABSENT: Council Members – Bowers

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

AUTHORIZING THE CITY MANAGER TO ISSUE A PURCHASE ORDER TO

GATEWAY CITIES COUNCIL OF GOVERNMENTS (GCCOG) FOR THE PURPOSE OF PAYING THE FEES TO PARTICIPATE IN THE I-710 CORRIDOR

ENVIRONMENTAL IMPACT REPORT/ENVIRONMENTAL IMPACT STATEMENT (EIR/EIS), THE 91/605/405 MAJOR CORRIDOR STUDY AND THE ATLANTIC AVENUE/BOULEVARD CORRIDOR STUDY FOR FISCAL YEAR 2023-2024 IN AN

AMOUNT NOT TO EXCEED FIFTY ONE THOUSAND FIVE HUNDRED FIFTY ONE DOLLARS AND SEVENTY NINE CENTS ($51,551.79)
Councilperson Duhart inquired about the benefits of this report.

City Manager Groomes explained that this particular proposal allows the City to participate in three aspects of the Gateway Cities areas and some unincorporated county areas. In addition, the City has access to funding from the state and federal levels and seats on advisory committees that provide input on projects impacted by these corridors.

On motion by Duhart, seconded by Darden, Resolution Number 25,886 entitled ‘A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON

AUTHORIZING THE CITY MANAGER TO ISSUE A PURCHASE ORDER TO

GATEWAY CITIES COUNCIL OF GOVERNMENTS (GCCOG) FOR THE PURPOSE OF PAYING THE FEES TO PARTICIPATE IN THE I-710 CORRIDOR

ENVIRONMENTAL IMPACT REPORT/ENVIRONMENTAL IMPACT STATEMENT (EIR/EIS), THE 91/605/405 MAJOR CORRIDOR STUDY AND THE ATLANTIC AVENUE/BOULEVARD CORRIDOR STUDY FOR FISCAL YEAR 2023-2024 IN AN

AMOUNT NOT TO EXCEED FIFTY ONE THOUSAND FIVE HUNDRED FIFTY ONE DOLLARS AND SEVENTY NINE CENTS ($51,551.79)’ was adopted by the following vote on roll call:

AYES: Council Members – Duhart, Spicer, Darden, Sharif
NOES: Council Members – None
ABSENT: Council Members – Bowers

9. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AMENDING THE FISCAL YEAR 2023-2024 BUDGET APPROPRIATING FUNDS

FROM FUND BALANCE AND AUTHORIZING THE CITY MANAGER TO ENTER

INTO A PROFESSIONAL SERVICES AGREEMENT AND ISSUE A PURCHASE

ORDER TO NEW WEST LANDSCAPING FOR PROPERTY MAINTENANCE AND

LANDSCAPING SERVICES ON HOUSING SUCCESSOR AGENCY-OWNED
PARCELS IN THE CITY OF COMPTON ($14,400)
On motion by Duhart, seconded by Darden, Resolution Number 25,887 entitled ‘A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AMENDING THE FISCAL YEAR 2023-2024 BUDGET APPROPRIATING FUNDS FROM FUND

BALANCE AND AUTHORIZING THE CITY MANAGER TO ENTER INTO A

PROFESSIONAL SERVICES AGREEMENT AND ISSUE A PURCHASE ORDER TO

NEW WEST LANDSCAPING FOR PROPERTY MAINTENANCE AND LANDSCAPING

SERVICES ON HOUSING SUCCESSOR AGENCY-OWNED PARCELS IN THE CITY OF COMPTON ($14,400)’ was adopted by the following vote on roll call:

AYES: Council Members – Duhart, Spicer, Darden, Sharif
NOES: Council Members – None
ABSENT: Council Members – Bowers

10. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AUTHORIZING THE CITY MANAGER TO ENTER INTO A THREE (3) YEAR

PROFESSIONAL SERVICES AGREEMENT AND ESTABLISH A PURCHASE ORDER FOR KELSEY WILHELM, M.D. FOR SERVICES AS MEDICAL DIRECTOR

OF EMERGENCY MEDICAL SERVICES FOR THE CITY OF COMPTON FIRE DEPARTMENT ($120,000.00)
Councilperson Darden cited a correction in the body of the report.

On motion by Spicer, seconded by Duhart, Resolution Number 25,888 entitled ‘A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON
AUTHORIZING THE CITY MANAGER TO ENTER INTO A THREE (3) YEAR

PROFESSIONAL SERVICES AGREEMENT AND ESTABLISH A PURCHASE ORDER FOR KELSEY WILHELM, M.D. FOR SERVICES AS MEDICAL DIRECTOR OF

EMERGENCY MEDICAL SERVICES FOR THE CITY OF COMPTON FIRE DEPARTMENT ($120,000.00)’ was adopted by the following vote on roll call:

AYES: Council Members – Duhart, Spicer, Darden, Sharif
NOES: Council Members – None
ABSENT: Council Members – Bowers

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

RATIFYING A SIDE LETTER AGREEMENT BETWEEN THE CITY OF COMPTON

AND THE AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES/AFSCME LOCAL 3947 TO AMEND ARTICLE 19 OF

MEMORANDUM OF AGREEMENT
Councilperson Duhart asked the City Manager if this individual has been working out of class for eight years. City Manager Groomes replied affirmatively.

Councilperson Darden requested additional information. City Manager Groomes explained that this individual has been working in the City Attorney’s Office for the period of time indicated - and the proof has been provided by staff in the City Attorney’s Office.

On motion by Duhart, seconded by Spicer, Resolution Number 25,889 entitled ‘A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON RATIFYING A

SIDE LETTER AGREEMENT BETWEEN THE CITY OF COMPTON AND THE

AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL
EMPLOYEES/AFSCME LOCAL 3947 TO AMEND ARTICLE 19 OF MEMORANDUM OF AGREEMENT’ was adopted by the following vote on roll call:

AYES: Council Members – Duhart, Spicer, Sharif
NOES: Council Members – None
ABSTAIN: Council Members – Darden
ABSENT: Council Members – Bowers

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

ACCEPTING THE PROPOSAL FROM SCREAMIN EAGLE SERVICES FOR

CITYWIDE ILLEGAL DUMPING CLEAN-UP, REMOVAL AND HAUL AWAY SERVICES, TO AUTHORIZE THE CITY MANAGER TO ENTER INTO A THREEYEAR SERVICE AGREEMENT WITH TWO (2) ONE-YEAR EXTENSION OPTIONS

AND TO ISSUE A PURCHASE ORDER IN AN AMOUNT NOT TO EXCEED FOUR HUNDRED TWENTY-ONE THOUSAND FIVE HUNDRED DOLLARS ($421,500) (REMOVED BY STAFF)

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

AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONSTRUCTION

CONTRACT WITH AND ESTABLISH A PURCHASE ORDER FOR HARDY & HARPER, INC. FOR ROAD REPAIR SERVICES CITYWIDE ($2,066,900) Mayor Sharif requested additional information.

John Strickland, Project Manager, explained that this contract would authorize the City to hire a contractor to assess twenty streets and determine the best method of rehabilitation.

Councilperson Duhart thanked Mr. Strickland for putting 129th Street on the list.

Councilperson Darden asked the City Manager to avoid using the City’s contingency fund.

On motion by Duhart, seconded by Spicer, Resolution Number 25,890 entitled ‘A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON

AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONSTRUCTION

CONTRACT WITH AND ESTABLISH A PURCHASE ORDER FOR HARDY & HARPER, INC. FOR ROAD REPAIR SERVICES CITYWIDE ($2,066,900)’ was adopted by the following vote on roll call:

AYES: Council Members – Duhart, Spicer, Darden, Sharif
NOES: Council Members – None
ABSENT: Council Members – Bowers

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

AUTHORIZING THE CITY MANAGER TO ENTER INTO A PROFESSIONAL

SERVICES AGREEMENT WITH AND ESTABLISH A PURCHASE ORDER FOR

WILLDAN ENGINEERING TO PREPARE AN ENGINEERING AND TRAFFIC SURVEY TO ESTABLISH SPEED LIMITS CITYWIDE ($28,700)
Councilperson Darden requested additional information.

John Strickland, Project Manager, maintained that this report will include a field inspection, street assessments, crash data and collision history analysis, and the criteria used for setting the speed limit.

Councilperson Spicer questioned if this study will allow the City to enforce the speed limit.

Mr. Strickland replied affirmatively.

Councilperson Spicer asked who would enforce the speed limit. Mr. Strickland indicated that law enforcement will have the ability to write tickets and enforce the speed limit.

Councilperson Spicer requested the number of traffic officers assigned to the Sheriff’s Department.

City Manager Groomes stated that the contract allows for two motorcycle traffic officers however one of the two is out on leave.

On motion by Duhart, seconded by Darden, Resolution Number 25,891 entitled ‘A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON

AUTHORIZING THE CITY MANAGER TO ENTER INTO A PROFESSIONAL

SERVICES AGREEMENT WITH AND ESTABLISH A PURCHASE ORDER FOR

WILLDAN ENGINEERING TO PREPARE AN ENGINEERING AND TRAFFIC SURVEY TO ESTABLISH SPEED LIMITS CITYWIDE ($28,700)’ was adopted by the following vote on roll call:

AYES: Council Members – Duhart, Darden, Sharif
NOES: Council Members – Spicer
ABSENT: Council Members – Bowers

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

AUTHORIZING THE CITY MANAGER TO ISSUE PURCHASE ORDERS TO ONE

OR MORE VENDORS (SOUTH COAST EMERGENCY VEHICLE SERVICE
(PIERCE), WILLIAM KALVIKOV DBA FIRE APPARATUS SOLUTIONS AND

PERFORMANCE TRUCK REPAIR INC) FOR THE MAINTENANCE AND REPAIRS

OF EMERGENCY FIRE APPARATUS FOR THE CITY OF COMPTON FIRE DEPARTMENT ($150,000.00)
On motion by Duhart, seconded by Spicer, Resolution Number 25,892 entitled ‘A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON

AUTHORIZING THE CITY MANAGER TO ISSUE PURCHASE ORDERS TO ONE OR

MORE VENDORS (SOUTH COAST EMERGENCY VEHICLE SERVICE (PIERCE),

WILLIAM KALVIKOV DBA FIRE APPARATUS SOLUTIONS AND PERFORMANCE

TRUCK REPAIR INC) FOR THE MAINTENANCE AND REPAIRS OF EMERGENCY FIRE APPARATUS FOR THE CITY OF COMPTON FIRE DEPARTMENT ($150,000.00)’ was adopted by the following vote on roll call:

AYES: Council Members – Duhart, Spicer, Darden, Sharif
NOES: Council Members – None
ABSENT: Council Members – Bowers

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

AUTHORIZING THE ESTABLISHMENT OF A PURCHASE ORDER FOR THE CITY

OF DOWNEY FOR FIRE AND EMERGENCY MEDICAL DISPATCHING SERVICES ($800,000.00)
Councilperson Spicer asked the City Manager how much it would cost the City to operate and maintain their own dispatch unit.

Ronerick Simpson, Fire Chief, affirmed that start-up costs would be in the range of $1M with annual costs between $400,000 - $500,000.

Councilperson Spicer asked Chief Simpson to address how long the City has been working with Downey. Chief Simpson stated that the City has been using Downey’s dispatch services for decades.

Councilperson Spicer asked Chief Simpson what the City would need to have its own dispatch unit. Chief Simpson cited a $1M upfront investment to purchase equipment and provide training.

Mayor Sharif requested the number of staff members required to operate the unit. Chief Simpson commented that he would need a ten-member team to maintain a 24/7 operation.

City Manager Groomes recommended that the proposal be brought back for review at a later date.

Councilperson Spicer asked Chief Simpson if the $800,000 price quote is due to a high call volume. Chief Simpson replied affirmatively noting that the City averages approximately 12,000 to 13,000 calls per month.

Councilperson Darden recommended that City Council evaluate the proposal and include benefits.

On motion by Duhart, seconded by Spicer, Resolution Number 25,893 entitled ‘A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON

AUTHORIZING THE ESTABLISHMENT OF A PURCHASE ORDER FOR THE CITY

OF DOWNEY FOR FIRE AND EMERGENCY MEDICAL DISPATCHING SERVICES ($800,000.00)’ was adopted by the following vote on roll call:

AYES: Council Members – Duhart, Spicer, Darden, Sharif
NOES: Council Members – None
ABSENT: Council Members – Bowers

17. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON ACCEPTING THE PROPOSAL FROM UNITED PACIFIC SERVICES, INC. TO

AUTHORIZE THE CITY MANAGER TO ENTER INTO A THREE-YEAR SERVICE

AGREEMENT AND TO ISSUE A PURCHASE ORDER TO UNITED PACIFIC

SERVICES FOR CITYWIDE TREE MAINTENANCE SERVICES FOR FISCAL YEAR 2023-2024 IN AN AMOUNT NOT TO EXCEED FOUR HUNDRED THOUSAND DOLLARS ($400,000)
Mayor Sharif questioned why the contract is for $400,000 per year when it’s usually $1.2M.

Damien Timmons, Public Works Street Maintenance Director, explained to Mayor Sharif that this contract pays for grid trimming in each District for one year.

Councilperson Duhart asked Mr. Timmons if this is the same contractor from last year. Mr.

Timmons replied affirmatively.

Mayor Sharif expressed a concern for the current tree trimming schedule and uncut trees in the residential neighborhoods. Mr. Timmons stated that additional funds would need to be identified in order to address all of the uncut trees in the City of Compton.

City Manager Groomes stated that he could present this item as part of the revised budget for Council consideration.

Mayor Sharif thanked the City Manager for his recommendation.

On motion by Duhart, seconded by Darden, Resolution Number 25,894 entitled ‘A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON ACCEPTING THE PROPOSAL FROM UNITED PACIFIC SERVICES, INC. TO AUTHORIZE THE

CITY MANAGER TO ENTER INTO A THREE-YEAR SERVICE AGREEMENT AND

TO ISSUE A PURCHASE ORDER TO UNITED PACIFIC SERVICES FOR CITYWIDE TREE MAINTENANCE SERVICES FOR FISCAL YEAR 2023-2024 IN AN AMOUNT NOT TO EXCEED FOUR HUNDRED THOUSAND DOLLARS ($400,000)’ was adopted by the following vote on roll call:

AYES: Council Members – Duhart, Spicer, Darden, Sharif
NOES: Council Members – None
ABSENT: Council Members – Bowers

18. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AMENDING THE 2023-2024 FISCAL YEAR BUDGET AND AUTHORIZING THE CITY MANAGER TO ENTER INTO A FIVE (5) DAY COMPTON DUMP DAY

PROGRAM WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION (CALTRANS) FOR THE COLLECTION OF HOUSEHOLD BULKY ITEM IN THE

CITY OF COMPTON
Councilperson Darden asked the City Manager if CALTRANS will be reimbursing the City through grants.

City Manager Groomes replied affirmatively.

On motion by Spicer, seconded by Duhart, Resolution Number 25,895 entitled ‘A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AMENDING THE 2023-2024 FISCAL YEAR BUDGET AND AUTHORIZING THE CITY MANAGER TO ENTER INTO A FIVE (5) DAY COMPTON DUMP DAY PROGRAM WITH THE

CALIFORNIA DEPARTMENT OF TRANSPORTATION (CALTRANS) FOR THE COLLECTION OF HOUSEHOLD BULKY ITEM IN THE CITY OF COMPTON’ was adopted by the following vote on roll call:

AYES: Council Members – Duhart, Spicer, Darden, Sharif
NOES: Council Members – None
ABSENT: Council Members – Bowers

COUNCIL COMMENTS
Councilmember Duhart offered the following communications/announcements:
 Commented on the success of the Key of Knowledge 2023 Summer Enrichment STEM Celebration, Barbara Calhoun’s Community Meeting and the Grand Opening of Big Five Sporting Goods in the Compton Town Center.
 Announced the opening of the pool facilities at Gonzales Park. Pool hours: Wednesdays and Fridays from 4:00pm to 7:00pm, Saturdays from 1:00pm to 4:00pm. For more information call (310) 605-5688.
 Invited the senior citizen community to participate in the “Senior Citizen Prom” scheduled to be held on Friday, September 8 at Dollarhide.  “Veterans Stand-Down” will be held on Saturday, September 23 at 700 Bullis Road.

Doors open at 6:00am. This event will provide employment and housing assistance, legal aid, medical and visual exams, hygiene kits, showers and hot meals. To register call Melanie Martin at (562) 826-8000 extension 12054.
 Requested the meeting be adjourned in memory of Charmaine Hayes and Evelyn Malachi.

Councilmember Spicer offered the following communications/announcements:
 Announced a “Senior Outing” to be held on Wednesday, September 13 at the Carson Mall. Pickup will be at Dollarhide beginning at 11:00am.  Announced a “Townhall Meeting” to be held on Thursday, September 7 from 6:00pm to 8:00pm.
 Bright Lights of Compton will be hosting a “Community Clean-Up” on September 16 starting at 212 West Cypress Street.

Councilmember Darden offered the following communications/announcements:
 Commented on the success of the Sheriff’s National Night Out Event, Grand Opening of the Dialysis Center at MLK Hospital, Assemblymember Mike Gipson’s State Budget Check to the City of Los Angeles and the Annual Senior Briefing and Health Fair.
 Thanked everyone that participated in the Compton Farmer’s Market held over the weekend.
 Announced that Crystal Crab House is now open seven days a week. They are located at 123 East Artesia boulevard.

City Manager Groomes commended City staff for meeting the state’s audit deadline.

Mayor Sharif offered the following communications/announcements:
 Instructed the City Manager to ensure that weed abatement efforts are included in all community clean-ups.
 Commented on the success of the 4th Annual Compton Backpack Giveaway, Pastor Thomas’ 37th Pastoral Anniversary Celebration and the Compton Run Club 2nd Annual 5K Run
 Thanked Charles Drew University for inviting her to their State of the University Address.
 Announced the “Mothers in Mourning March” to be held on September 9 starting at Jordan High school beginning at 9:00am. For more information call (424) 344-0961.  Encouraged the residents to attend the “Mexican Independence Day Celebration” to be held on Saturday, September 16 at Gonzales Park
 Invited the community to attend “Coffee with the Mayor: Senior Health Edition” to be held on Thursday, September 28 at Dollarhide from 10:00am to 1:00pm

ADJOURNMENT
On motion by Duhart, seconded by Spicer, the meeting was adjourned in memory of Charmaine Hayes and Evelyn Malachi at 7:54 p.m. by the following vote on roll call:

AYES: Council Members – Duhart, Spicer, Darden, Sharif
NOES: Council Members – None
ABSENT: Council Members – Bowers
___________________________________ ___________________________________

CITY CLERK OF THE CITY OF COMPTON MAYOR OF THE CITY OF COMPTON May 7, 2024
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: CITY CLERK DEPARTMENT
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON

AUTHORIZING THE CITY MANAGER TO ESTABLISH A PURCHASE
ORDER WITH THE SHI’ INT’L CORP FOR THE PURCHASE OF ADOBE

ACROBAT PRO FOR TEAMS SUBSCRIPTION FOR EDITING PDF
FILES IN AN AMOUNT NOT TO EXCEED ONE THOUSAND THREEHUNDRED FOUR DOLLARS SEVENTY CENTS ($1,304.70)

SUMMARY
The adoption of this resolution will authorize the City Manager to establish a purchase order with Shi’ Int’l Corp for the purchase of Adobe Acrobat Pro for Teams Subscription for editing PDF files in an amount not to exceed one thousand three-hundred four dollars seventy cents ($1,304.70)

BACKGROUND
The City Clerk Department receives multiple documents that requires PDF creation, review, and editing, such as correcting marginal and grammatical errors as well as formatting, and redacting. Adobe Acrobat Pro is a sole source used for PDF files and is needed for PDF editing. It is necessary for the department to have a subscription to keep document updates to use for various software programs.

STATEMENT OF THE ISSUE
The Department maintains a number of PDF files to be used for uploads and emailing to many departments in the City. The vendor is a sole source, therefore three (3) quotes were not needed.

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 Shi’ Int’l Corp 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:

3. Staff Report – Resolution Authorizing P.O.

Shi’ Int’l Corp
May 7, 2024, page 2
Account Description Amount
1001-470-000-4222 Computer Software $1,304.70

ALTERNATIVE
No other alternative is being proposed.

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

VERNELL MCDANIEL

CITY CLERK
WILLIE A. HOPKINS JR.

CITY MANAGER
RESOLUTION NO. _____________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON

AUTHORIZING THE CITY MANAGER TO ESTABLISH A PURCHASE ORDER WITH THE SHI’ INT’L CORP FOR THE PURCHASE OF ADOBE ACROBAT

PRO FOR TEAMS SUBSCRIPTION FOR EDITING PDF FILES IN AN AMOUNT

NOT TO EXCEED ONE THOUSAND THREE-HUNDRED FOUR DOLLARS
SEVENTY CENTS ($1,304.70)
WHEREAS, the City Clerk Department receives multiple PDF files that need to be corrected for marginal purposes for printing and also correcting grammatical errors; and WHEREAS, there is a need to frequently edit PDF files for the City Clerk’s office on a daily basis; and
WHEREAS, the Vendor is a sole source for PDF editing, (3) three quotes are not needed for purchasing; 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 Shi’ Int’l Corp for Fiscal Year 2023-2024 and City Council’s approval is required for this item; and WHEREAS, the City Clerk Department has funds available in the Fiscal Year 2023-2024 Budget for this expenditure in the following account:

Account Description Amount
1001-470-000-4222 Computer Software $1,304.70

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 Shi’ Int’l Corp for the purchase of Adobe Acrobat Pro for Teams subscription for editing PDF files in an amount not to exceed One Thousand Three-Hundred Four Dollars Seventy Cents ($1,304.70) from Account No. 1001-470-000-4222 (Computer Software).

Section 2. That funds for this expenditure are allocated in the Department’s Fiscal Year 2023-2024 Budget in Account No. 1001-470-000-4222 (Computer Software).

Section 3. That a copy of this Resolution shall be filed in the offices of the City Clerk, City Manager, City Controller, and City Attorney 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
Resolution No. ____________

Page 2 ends

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

May 7, 2024
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: CITY CONTROLLER
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON TO AUTHORIZE AN AMENDMENT TO THE CITY CONTROLLER’S
DEPARTMENT FY2023-2024 BUDGET, AND TO AUTHORIZE THE CITY

MANAGER TO OPEN A NEW PURCHASE ORDER TO TANDYM GROUP
LLC, AND ROBERT HALF INTERNATIONAL INC. FOR CONTINUAL
ACCOUNTING TEMP AGENCY SERVICES ($75,000 FOR ALL
AGREEMENTS COMBINED).

SUMMARY
Adoption of the attached Resolution will authorize the amendment to the City Controller’s Department FY2023-2024 budget, and to establish a new Purchase Order of SeventyFive Thousand Dollars ($75,000) for the combined services of Tandym Group LLC and Robert Half International Inc.

BACKGROUND
Resolutions #25,879 and #25,983 authorized the City Manager to execute the initial agreement and extend the use of services from a Temp Agency for temporary staffing to assist in achieving compliance with the State Auditor, State Controller, and External Auditor’s recommendations for continuous staffing of qualified personnel. The City Controller requested the use of a Temp Agency, as it would be beneficial for the City to use temporary staff in the interim until the hiring process has been completed. Currently, the City Controller’s Department has been using the combined services of Robert Half International Inc. and Tandym for temporary staffing.

The term of the agreement was approved from July 25, 2023 through July 31, 2024. The Controller’s Department has been using (3) months increments to temporarily staff the office until the recruitment process was completed. Purchase Orders were approved reflecting this (3) months incremental time period in the amount of Seventy-Five Thousand Dollars ($75,000) per period for the services. The Purchase Orders covered the periods of August-October 2023 and November 2023-January 2024. The funds for these Purchase Orders have been exhausted.

4. Staff Report – A Resolution to amend the City Controller’s FY2023-2024 budget and open a new Purchase Order for Tandym Group LLC, and with Robert Half International INC for Accounting Temp Agency Services
May 7, 2024
2 STATEMENT OF THE ISSUE
The recruitment for the Accountant l, Accountant ll, and Accounting Specialist positions are still a work in progress and the expected duration for the use of the Temp Agencies have expired again.

The roles of these positions are needed as current, and foreseeable, expectations require their obligations and skill sets. The Controller’s Department will continue to work with the Human Resources Department to fill the vacancies in the office. In adherence to the State of California Auditor’s deadlines, the roles of these positions are pivotal, and a delay in progress will not be in the best interest of the City, as timely and legally required functions of the City Controller’s Department could be at risk if the staffing is not sufficiently maintained by the help of the temp agencies.

With the need to continue the use of the temp agencies for maintaining operations, the Controller’s Department has attempted to meet with the Bargaining Unit of the said positions again, but was unsuccessful in arranging a meeting.

Staff is requesting for the approval of an amendment to the City Controller’s Department FY2023-2024 budget, and to establish a new Purchase Order of Seventy-Five Thousand Dollars ($75,000) for the combined services of Tandym Group LLC and Robert Half International Inc, since the funds of the previous Purchase Orders have been exhausted.

FISCAL IMPACT
The cost for these services is not to exceed Seventy-Five-Thousand Dollars ($75,000). A budget amendment to the FY2023-2024 City Controller’s Department Budget is being requested for the following:

Decrease in Expenditure appropriations:

Account Code Account Name Amount
1001-650-000-4101 General Fund, Controller’s Dept $75,000 Salaries - Permanent
Increase in Expenditure appropriations:

Account Code Account Name Amount
1001-650-000-4262 General Fund, Controller’s Dept $75,000 Other Professional Services
A new Purchase Order for Seventy-Five Thousand Dollars ($75,000) is also being requested to be authorized to be issued to either firm or to all firms with a total-combined, but not-to-exceed the spending amount of Seventy-Five Thousand Dollars ($75,000), out of the following account:

Staff Report – A Resolution to amend the City Controller’s FY2023-2024 budget and open a new Purchase Order for Tandym Group LLC, and with Robert Half International INC for Accounting Temp Agency Services
May 7, 2024
3 Account Code Account Name Amount
1001-650-000-4262 Other Professional Services $75,000
Controller’s Department

RECOMMENDATION
Staff recommends that the City Council adopt the attached Resolution to authorize the City Manager to approve a budget amendment to the City Controller’s Department FY2023-2024 budget and to open a Purchase Order for Tandym Group LLC, and Robert Half International Inc. for Accounting Temp Agency Services.

SHARON RAHBAN NAVIZADEH

CITY CONTROLLER
APPROVED FOR FORWARDING:

WILLIE A. HOPKINS, JR.

CITY MANAGER
RESOLUTION NO. __________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON TO AUTHORIZE AN AMENDMENT TO THE CITY CONTROLLER’S DEPARTMENT FY2023-2024 BUDGET, AND TO AUTHORIZE THE CITY MANAGER TO OPEN

A NEW PURCHASE ORDER TO TANDYM GROUP LLC, AND ROBERT HALF INTERNATIONAL INC. FOR CONTINUAL ACCOUNTING TEMP AGENCY SERVICES ($75,000 FOR ALL AGREEMENTS COMBINED).

WHEREAS, Resolutions #25,879 and #25,983 authorized the City Manager to execute the initial agreement and extend the use of services from a Temp Agency for temporary staffing to assist in achieving compliance with the State Auditor, State Controller, and External Auditor’s recommendations for continuous staffing of qualified personnel; and
WHEREAS, the City Controller requested the use of a Temp Agency, as it would be beneficial for the City to use temporary staff in the interim until the hiring process has been completed; and
WHEREAS, Currently, the City Controller’s Department has been using the combined services of Robert Half International Inc. and Tandym for temporary staffing; and
WHEREAS, the term of the agreement was approved from July 25th, 2023 through July 31st, 2024; and
WHEREAS, the Controller’s Department has been using (3) months increments to temporarily staff the office until the recruitment process was completed; and WHEREAS, Purchase Orders were approved reflecting this (3) months incremental time period in the amount of Seventy-Five Thousand Dollars ($75,000) per period for the services. The Purchase Orders covered the periods of August-October 2023 and November 2023-January 2024. The funds for these Purchase Orders have been exhausted; and
WHEREAS, The Controller’s Department will continue to work with the Human Resources Department to fill the vacancies in the office; and WHEREAS, the recruitments from the Accountant l, Accountant ll, and Accounting Specialist positions are still a work in progress and the expected duration for the use of the Temp Agencies have expired again; and
WHEREAS, the roles of these positions are needed as current, and foreseeable, expectations require their obligations and skill sets. In adherence to the State of California Auditor’s deadlines, the roles of these positions are pivotal, and a delay in progress will not be in the best interest of the City, as timely and legally required functions of the City Controller’s Department could be at risk if the staffing is not sufficiently maintained by the help of the temp agencies; and
WHEREAS, with the need to continue the use of the temp agencies for maintaining operations, the Controller’s Department has attempted to meet with the Bargaining Unit of the said positions again, but was unsuccessful in arranging a meeting; and WHEREAS, staff is requesting for the approval of an amendment to the City Controller’s Department FY2023-2024 budget, and to establish a new Purchase Order of Seventy-Five Thousand Dollars ($75,000) for the combined services of Tandym Group LLC and Robert Half International Inc, since the funds of the previous Purchase Orders have been exhausted; and
Resolution No. __________

Page 2 ends

2 WHEREAS, the cost for these services is not to exceed Seventy-Five-Thousand Dollars ($75,000). A budget amendment to the FY2023-2024 City Controller’s Department Budget is being requested for the following:

Decrease in Expenditure appropriations:

Account Code Account Name Amount
1001-650-000-4101 General Fund, Controller’s Dept $75,000 Salaries - Permanent
Increase in Expenditure appropriations:

Account Code Account Name Amount
1001-650-000-4262 General Fund, Controller’s Dept $75,000 Other Professional Services
WHEREAS, a new Purchase Order for Seventy-Five Thousand Dollars ($75,000) is also being requested to be authorized to be issued to either firm or to all firms with a total-combined, but not-to-exceed the spending amount of Seventy-Five Thousand Dollars ($75,000), out of the following account:

Account Code Account Name Amount
1001-650-000-4262 Other Professional Services $75,000
WHEREAS, staff recommends that the City Council adopt the attached Resolution to authorize the City Manager to approve a budget amendment to the City Controller’s Department FY2023-2024 budget and to open a new Purchase Order for Tandym Group LLC, and Robert Half International Inc. for Accounting Temp Agency Services; and

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

SECTION 1. That the City Controller’s Department Fiscal Year 2023-2024 Budget is authorized to be amended as follows:

Decrease in Expenditure appropriations:

Account Code Account Name Amount
1001-650-000-4101 General Fund, Controller’s Dept $75,000 Salaries - Permanent
Increase in Expenditure appropriations:

Account Code Account Name Amount
1001-650-000-4262 General Fund, Controller’s Dept $75,000 Other Professional Services
SECTION 2. That a new Purchase Order shall be issued to either firm or to all firms with a total combined, but not-to-exceed spending amount of Seventy-FiveThousand Dollars ($75,000), out of the following account:

Account Code Account Name Amount
1001-650-000-4262 Other Professional Services $75,000
Controller’s Department
SECTION 3. That a copy of this Resolution shall be filed in the offices of the City Clerk, City Attorney, City Manager, and City Controller.

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

Resolution No. __________

Page 3 ends

3 ADOPTED this ____________ day of _____________, 2024. ________________________________

MAYOR OF THE CITY OF COMPTON
ATTEST:
________________________________

CLERK OF THE CITY OF COMPTON

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss

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

AYES: COUNCILMEMBERS -
NOES: COUNCILMEMBERS -
ABSTAIN: COUNCILMEMBERS -
ABSENT: COUNCILMEMBERS -
____________________________________

CITY CLERK OF THE CITY OF COMPTON

May 7, 2024
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: COMPTON FIRE DEPARTMENT
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON DECLARING ONE (1) TILLER TRUCK & ONE (1) FIRE

ENGINE AS SURPLUS PROPERTY AND AUTHORIZING THE CITY

MANAGER TO SELL, DONATE OR DISPOSE OF SAID VEHICLES

TO PERFORMANCE TRUCK REPAIR INC

SUMMARY
The adoption of this Resolution will declare one (1) Tiller Truck & one (1) Fire Engine listed in Exhibit “A”, as surplus property and will authorize the City Manager to sell, donate or dispose of said vehicle to Performance Truck Repair Inc.

BACKGROUND
Four (4) Fire Engines and One (1) Ladder Truck were purchased in fiscal year 2022-2023 budget and arrived in March 2023, however, they are not in service until the necessary firefighting equipment and rescue tools with related supplies and accessories needed to perform the day-to-day operations are installed.

STATEMENT OF THE ISSUE
The Department Staff has begun evaluating the fleet that is currently out of service and found a couple of vehicles that needed to be addressed:
1). The Tiller Truck was in an accident.
2). Fire Engine 43’s engine is blown.

Both apparatuses were deemed too costly to repair by Fire department staff; therefore, it is recommended that these items be designated as surplus City property.

These surplus vehicles will be sold to Performance Truck Repair Inc for Thirty-Two Thousand Dollars and Zero Cents ($32,000.00) as credit. The credit will be used for future maintenance and repairs of our current fleet.

The Compton Municipal Code Section 4-11.10., Sale of City Personal Property, provides the sale, donation or disposal of materials, supplies, equipment or other personal property which has become unfit for municipal purposes as stated in the following:

5. Declaration of Surplus Property Staff Report
May 7, 2024, page 2
CMC 4-11.10. Sale of City Personal Property.

Whenever the City has any materials, supplies, equipment or other personal property which it no longer needs for municipal purposes, or which has become unfit for use for municipal purposes, the City Manager shall provide for the sale, donation or destruction of such materials, supplies, equipment or other personal property by such means as he or she shall find most advantageous to the City. In the event such materials, supplies, equipment or other personal property has a sale value of more than $500, the City Manager shall obtain the consent and approval of the City Council before authorizing the sale, donation or disposal thereof.

In order to declare these apparatuses as surplus property, City Council authorization is necessary.

FISCAL IMPACT
There will be no fiscal impact to the City or the Fire Department for the sale of the Tiller Truck and Fire Engine.

RECOMMENDATION
Staff recommends that the City Council declare, pursuant to Section 4-11.10 of the Compton Municipal Code, the vehicle listed in the attached Exhibit “A”, as no longer needed or unfit for municipal purposes and authorize the sale to Performance Truck Repair Inc for Thirty-Two Thousand Dollars and Zero Cents ($32,000.00) to be used as credit towards future repairs of current fleet.

RONERICK D. SIMPSON

FIRE CHIEF
APPROVED FOR FORWARDING:

WILLIE A. HOPKINS, JR.

CITY MANAGER
RESOLUTION NO. _____________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON DECLARING ONE TILLER (1) & ONE (1) FIRE ENGINE AS SURPLUS

PROPERTY AND AUTHORIZING THE CITY MANAGER TO SELL, DONATE

OR DISPOSE OF SAID VEHICLES TO PERFORMANCE TRUCK REPAIR INC WHEREAS, the City of Compton Fire Department has one (1) Tiller Truck and one (1) Fire Engine that can no longer be safely utilized by City staff; and WHEREAS, Compton Municipal Code, Section 4-11.10., Sale of City Personal Property, provides that the City Manager shall obtain the consent and approval of the City Council before authorizing the sale, donation or disposal of materials, supplies, equipment or other personal property which has become unfit for municipal purposes; and
WHEREAS, staff recommends that the vehicle listed in “Exhibit A” be designated as surplus City property and sold, donated or disposed in a manner most advantageous to the City; and
WHEREAS, it is the opinion of Fire Department Staff that it is in the best interest of the City to sell, donate or dispose of said vehicle to Performance Truck Repair Inc.

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

SECTION 1. That the City Council does hereby declare that the said vehicle(s) listed in Exhibit “A”, attached hereto and incorporated herein, are no longer needed for municipal purposes and/or have become unfit for municipal purposes.

SECTION 2. That the City Council hereby authorizes the City Manager to sell, donate and dispose of said vehicle to Performance Truck Repair Inc.

SECTION 3. That a copy of this Resolution shall be filed in the office of the City Manager, City Attorney, City Controller, City Clerk and Fire 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
CITY OF COMPTON: ss
Resolution No. _________

Page 2 ends

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 MEMBERS -
NOES: COUNCIL MEMBERS -
ABSENT: COUNCIL MEMBERS -
ABSTAIN: COUNCIL MEMBERS -
________________________________________

CITY CLERK OF THE CITY OF COMPTON
“Exhibit A”
Surplus Property Inventory
1) One (1) Tiller Truck – 1998 LTI
Vin# 4S7AT2590WC020790
2) One (1) Fire Engine – 2005 Pierce Arrow XT
VIN#4P1CA01H86A005732
May 7, 2024
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: CITY CLERK
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON

AUTHORIZING THE CITY MANAGER TO ESTABLISH A PURCHASE

ORDER FOR ALL STAR INTERPRETING SERVICE FOR PROVISION OF

SPANISH LANGUAGE TRANSLATION SERVICES FOR THE
TRANSLATION OF THE CITY CHARTER IN THE AMOUNT OF THIRTYFIVE HUNDRED DOLLARS ($3,500)

SUMMARY
Adoption of this Resolution will authorize the City Manager to establish a purchase order with All Star Interpreting Service (“All Star”) to provide Spanish language translation of the City Charter in the amount of Three Thousand Five Hundred Dollars ($3,500).

BACKGROUND
The City Council conducts much of the City’s business during its weekly public and televised meetings in the English language. A substantial portion of the City’s population is Spanish speaking and the City believes that it is important for all residents of the City to understand and participate in the governance of the City, thus the need to provide interpretation and translation services for City Council meetings and other community meetings. As the city currently has a standing agreement with All Start Interpreting adoption of this resolution would ratify the current agreement to include the translation of the City Charter document.

STATEMENT OF ISSUE
The Clerk’s Office does not have staff to perform the professional services needed to provide professional, certified language translation and interpretation services for the various City’s legislative bodies. Thus, informal proposals were sought and received from three (3) firms; to wit:

All Star Interpreting Service - $3,500 for the translation of this document Medrano Interpreting – quote was provided by word. The City Charter is a document with 21,000 works and the fee per word is $0.30 resulting in a quote of $6,300.

Reliable Translation Inc. - quote was provided by word. The City Charter is a document with 21,000 works and the fee per word is $0.18 resulting in a quote of $3,780.

6. Staff Report – Resolution Amending Contract for
Spanish Language Translation Services for Legislative Bodies All Star Interpreting Service FY 2023-2024
May 7, 2024, Page 2
Proposals received were evaluated on experience, professionalism, knowledge, etc.

While each of the firms seemingly were qualified to adequately perform the tasks needed, All Star Interpreting Service proposed fees were most competitive and reasonable.

Additionally, the City is currently contracted with All Star Interpreting Service and has found their services reliable and very satisfactory. The existing contract is still in effect, this purchase exceeds the Twenty-Five Thousand Dollar ($25,000) contract threshold for this vendor; thus, it is requested that the City Manager enter into a purchase order for the translation of the City Charter.

All Star has been providing translation and interpreting service for over twenty-nine (29) years. All Star is a member of the American Translators Association, State and Federally Certified Interpreters and provide services for virtually every language.

All Star will provide the professional Spanish language translation of the City Charter.

The cost for this service will be at the rate of Three Thousand Five Hundred Dollars ($3,500).

FISCAL IMPACT
The costs for this service is Three Thousand Five Hundred Dollars ($3,500). Funds for this expenditure are available in:

Account No. Account Name Amount
1001-470-000-4262 General Fund, City Clerk $3,500
Dept, Contractual Services Account

RECOMMENDATION
Staff recommends that Council approve the attached Resolution.

VERNELL MCDANIEL

CITY CLERK
APPROVED FOR FORWARDING:

WIILIE 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 FOR ALL STAR INTERPRETING SERVICE FOR PROVISION OF

SPANISH LANGUAGE TRANSLATION SERVICES FOR THE
TRANSLATION OF THE CITY CHARTER IN THE AMOUNT OF THIRTYFIVE HUNDRED DOLLARS ($3,500) WHEREAS, a substantial portion of the City’s population is Spanish speaking and the City believes that it is important for all residents of the City to understand and participate in the governance of the City, thus the need to provide translation services for the City Charter; and
WHEREAS, informal quotes were sought from vendors that provide Spanish translation services; and
WHEREAS, there were three (3) quotes received:

All Star Interpreting Service - $3,500 for the City Charter Medrano Interpreting - $0.30 per word (21,000 words) – Total of $6,300 Reliable Translations Inc. - $0.18 per word (21,000 word) – Total of $3,780 WHEREAS, the existing contract is still in effect, this purchase exceeds the Twenty-Five Thousand Dollar ($25,000) contract threshold for this vendor; thus, it is requested that the City Manager enter into a purchase order for the translation of the City Charter; and
WHEREAS, All Star Interpreting Service (“All Star”) has been providing translation and interpreting service for over twenty-eight (28) years and is a member of the American Translators Association, State and Federally Certified Interpreters and provide services for virtually every language; and
WHEREAS, All Star will provide professional Spanish language interpretation and translation services for all of the City’s legislative bodies (i.e. City Council, Public Finance Authority, Urban Community Development Commission and Successor Agency), which includes translation of the City Charter; and
WHEREAS, funds for this expenditure are available in the following account numbers of the 2023-2024 Fiscal Year Budget:

Account No. Account Name Amount
1001-470-000-4262 General Fund, City Clerk $3,500
Dept, Contractual Services Account

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

Section 1. That the City Manager is authorized to establish a purchase order with All Star Interpreting Service to provide translation services for all of the City’s legislative bodies (i.e. City Council, Public Finance Authority, Urban Community Development Commission and Successor Agency), which includes the translation of the City Charter
Section 2. That a purchase order in the amount of Three Thousand Five Hundred Dollars ($3,500.00) is authorized to be established for All Star Interpreting Service from the following account number:

Resolution No. ________________

Page 2 ends

Account No. Account Name Amount
1001-470-000-4262 General Fund, City Clerk $3,500
Dept, Contractual Services Account
Section 3. That funds for this expenditure are available in the 2023-2024 Fiscal Year budget in the following account number:

Account No. Account Name Amount
1001-470-000-4262 General Fund, City Clerk $3,500
Dept, Contractual Services Account
Section 4. That a certified copy of this Resolution shall be filed in the offices of the City Manager, City Clerk, City Controller, and City Attorney.

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 MEMBERSABSTAIN: COUNCIL MEMBERSABSENT: COUNCIL MEMBERS- ____________________________________

CITY CLERK OF THE CITY OF COMPTON

May 7, 2024
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: GENERAL SERVICES DEPARTMENT
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON

AUTHORIZING THE CITY MANAGER TO ENTER INTO A

SUMMARY
Adoption of the attached resolution will authorize the City Manager to accept the proposal, enter into a professional service agreement, and establish a purchase order to The Gordian Group, Inc. (GORDIAN) in the amount of Fifty-Nine Thousand Two Hundred Eighty-Three Dollars and Eighty-Seven Cents ($59,283.87) for the provision of construction management services for the 2024 HVAC projects for eight (8) city-owned facilities.

BACKGROUND
Staff has recommended approval from the Mayor and City Council to procure services from ACCO Engineered Systems to replace HVAC units for Burrell – MacDonald Park, Kelly Park, Lueders Park, CareerLink, General Services Yard, Fire Station 1, Fire Station 4, and Community Improvement Services Department.

The HVAC replacement projects, with an estimated construction cost of approximately $1 Million Dollars, are a significant investment for the city. It is crucial to highlight that the new HVAC units will require expert construction management services. As we strive to enhance the comfort and efficiency of our facilities, the success of these projects hinges on expert construction management oversight. Staff obtained a proposal from Gordian through the Sourcewell EZIQC Contract Number 091620-GGI.

STATEMENT OF THE ISSUE
In anticipation of the Mayor and City Council approving the resolution with ACCO Engineered Systems to install and upgrade HVAC systems in eight (8) City facilities, staff is recommending that the Mayor and City Council approve and authorize the City Manager to accept Gordian's proposal to manage the HVAC system upgrades and construction projects.

Gordian's extensive expertise and knowledge of best practices ensure that the project is executed efficiently and to the highest standards. Their proven track record in managing

7. Staff Report – Authorizing Agreement and Purchase Order The Gordian Group / Construction Management HVAC Projects (8) facilities May 7, 2024 Page 2 of 2
similar projects for the Cities of Pomona, Benecia, and Walnut Creek instills confidence in their ability to deliver the desired results. The construction managers will be responsible for the logistics involved in the project, including staff, contractors, engineers, and suppliers, ensuring effective communication and collaboration throughout the construction phase. Additionally, their oversight will guarantee that the HVAC system installation meets regulatory requirements and performance standards, minimizing the likelihood of defects or deficiencies with the final product.

Gordian provided a proposal in the amount of Fifty-Nine Thousand Two Hundred Eighty-Three Dollars and Eighty-Seven Cents ($59,283.87) for construction management services. They are offering pricing through its Sourcewell contract. Staff has determined that a formal bidding process is not required for these services per Compton Municipal Code section 4-11-7(c), which lists certain exemptions from the bidding process, including purchases of contract supplies, materials, equipment or services entered into with another governmental or quasi-governmental entity.

In addition, the President of the United States signed the American Rescue Plan Act (ARPA) on March 11, 2021. The legislation provides $1.9 trillion in funding to address the economic impacts of the Coronavirus (COVID-19) pandemic, which included $350 billion in federal fiscal recovery aid to state and local governments. The City of Compton received approximately $34 million in aid as a result of the ARPA.

The General Services Department was allocated $7,096,308.00 of ARPA funding under the Capital Improvement FY 2023-2024 Adjusted Budget. Those funds must be obligated by December 31, 2024, and expended by December 31, 2026.

FISCAL IMPACT
Funds for this expenditure in the amount not to exceed Fifty-Nine Thousand Two Hundred Eighty-Three Dollars and Eighty-Seven Cents ($59,283.87) are available in the FY 2023-2024 Budget in Account No. 2810-640-GEN-4300 Capital Improvement— American Rescue Funds (ARPA).

RECOMMENDATION
Staff recommends that the City Council adopt the attached Resolution as ARPA funds must be obligated by December 31, 2024, and funding must be expended by December 31, 2026.

NEBRASKA JONES

DIRECTOR OF GENERAL SERVICES
APPROVED FOR FORWARDING:

WILLIE A. HOPKINS, JR.

CITY MANAGER
RESOLUTION NO. ___________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON

AUTHORIZING THE CITY MANAGER TO ENTER INTO A

PROFESSIONAL SERVICE AGREEMENT AND ESTABLISH A
PURCHASE ORDER TO THE GORDIAN GROUP, INC. FOR
CONSTRUCTION MANAGEMENT SERVICES FOR THE 2024 HVAC
PROJECTS FOR EIGHT (8) CITY-OWNED FACILITIES ($59,283.87) WHEREAS, the General Services Department is responsible for maintaining the City’s administrative buildings, parks, fire stations, service yards, and leased properties; and
WHEREAS, the following facilities are in need of heating, ventilation, and air conditioning system improvements; and
City-Owned Facilities Address
Burrell - Mac Donald Park 2516 W. Alondra Blvd., Compton, CA 90220 Kelly Park 2319 E. Caldwell St., Compton, CA 90221
Lueders Park 1500 E. Rosecrans Ave., Compton, CA 90221
CareerLink 700 N. Bullis Rd., Compton, CA 90221
General Services Yard 438 W. Alondra Blvd., Compton, CA 90220 Fire Station #1 201 S. Acacia Ave., Compton, CA 90220
Fire Station #4 950 W. Walnut St., Compton, CA 90220
Community Improvement 404 N. Alameda St., Compton, CA 90221 WHEREAS, staff has recommended approval from the Mayor and City Council to procure services from ACCO Engineered Systems to replace HVAC units in eight (8) cityowned facilities; and WHEREAS, the HVAC replacement projects, with an estimated construction cost of approximately $1 Million Dollars, are a significant investment for the city; and WHEREAS, the city seeks to enhance the comfort and efficiency of eight (8) cityowned facilities, and the success of the upcoming HVAC projects hinges on expert construction management oversight; and
WHEREAS, staff received a proposal from The Gordian Group, Inc. (GORDIAN) through the Sourcewell EZIQC Contract Number 091620-GGI in the amount of Fifty-Nine Thousand Two Hundred Eighty-Three Dollars and Eighty-Seven Cents ($59,283.87) for construction management services; and
WHEREAS, Gordian is offering pricing through its Sourcewell contract; staff has determined that a formal bidding process is not required for these services per Compton Municipal Code section 4-11-7(c), which lists certain exemptions from the bidding process, including purchases of contract supplies, materials, equipment or services entered into with another governmental or quasi-governmental entity; and WHEREAS, Gordian’s extensive knowledge of best practices will ensure that the project is executed efficiently and to the highest standards; and WHEREAS, Gordian's proven track record in managing similar projects for the Cities of Pomona, Benecia, and Walnut Creek instills confidence in their ability to deliver the desired results for the HVAC project; their overside will reduce the likelihood of defects or deficiencies in the final products; and
WHEREAS, on March 11, 2021, the President of the United States signed the American Rescue Plan Act (ARPA) of 2021, and the City of Compton received approximately $34 million in aid as a result of the ARPA; and Resolution No. _________

Page 2 ends

WHEREAS, General Services Department was allocated $7,096,308.00 of ARPA funding under the Capital Improvement FY 2023-2024 Adjusted Budget; these funds must be obligated by December 31, 2024, and expended by December 31, 2026; and WHEREAS, funds for Fiscal Year 2023-2024 in the amount not to exceed FiftyNine Thousand Two Hundred Eighty-Three Dollars and Eighty-Seven Cents ($59,283.87) are available in the 2023-2024 Fiscal Year budget in the Account Number 2810-640-GEN-4300.

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

SECTION 1. That the City Manager, upon advice and approval of the City Attorney, is hereby authorized to enter into a professional service agreement with The Gordian Group, Inc. and establish a purchase order from Account Number 2810-640- GEN-4300 to the Gordian Group, Inc. for construction management services in the amount not to exceed Fifty-Nine Thousand Two Hundred Eighty-Three Dollars and Eighty-Seven Cents ($59,283.87).

SECTION 2. That funds in the amount not to exceed Fifty-Nine Thousand Two Hundred Eighty-Three Dollars and Eighty-Seven Cents ($59,283.87) are available in the 2023-2024 Fiscal Year budget in Account Number 2810-640-GEN-4300.

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
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- Resolution No. _________

Page 2 ends

____________________________________

CITY CLERK OF THE CITY OF COMPTON

INSTALLATION AGREEMENT BETWEEN

CITY OF COMPTON AND
THE GORDIAN GROUP, INC.

This AGREEMENT is entered into by and between the CITY OF COMPTON, a municipal corporation of the State of California (hereinafter referred to as “CITY”) located at 205 South Willowbrook Avenue, Compton, California 90220 and THE GORDIAN GROUP, INC. (hereinafter referred to as “CONSULTANT”) located at 30 Patewood Drive, Suite 350, Greenville, South Carolina 29615 (each a “Party” and collectively, the “Parties”).

RECITALS
WHEREAS, the City will be upgrading HVAC units for Burrell – MacDonald Park, Kelly Park, Lueders Park, CareerLink, General Services Yard, Fire Station 1, Fire Station 4, and Community Improvement Services Department.

WHEREAS, the City has identified a need for qualified and expert consulting firm to provide construction management and construction inspection services for the 2024 CIP Projects – HVAC Systems; and
WHEREAS, Consultant (The Gordian Group, Inc.) warrants that it is specifically trained, experienced, competent, and has the resources to provide construction management and inspection services on the 2024 CIP Projects – HVAC Systems; and
WHEREAS, City desires to engage Consultant to provide these services by reason of its qualifications and experience in performing such services; and WHEREAS, by Resolution No. _____, adopted on the_____, of ________ 2024, the City Council authorized the City Manager to accept the proposal of the Consultant and enter into a professional services agreement to provide the necessary services; and WHEREAS, Consultant is willing to render such professional services subject to the terms and conditions set forth in this Agreement.

NOW, THEREFORE, Consultant and City, for the consideration, terms and conditions herein described, mutually agree as follows:

1. Services to be Performed by Consultant:

Consultant shall perform, in a professional manner, everything required to be performed, shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services to oversee the construction management at the following locations:

Construction Management Sercices for 2024 HVAC Project - (8) City Owned Facilities Resolution No. __________
2 More specifically, Consultant shall perform the following scope of services provided by:

Scope of Work:
 Consultant will coordinate the receipt and distribution of Contractor (ACCO Engineering Systems) construction schedule and logistics.
 Schedule and hold periodic project meetings, as needed and include drafting Agendas and Meeting Minutes, as necessary.
 Receive and distribute, as appropriate, all key construction documents submitted by Contractor, including RFIs, project schedules and updates, equipment/installation submittals and samples, and final close-out documents.
o Consultant (Construction Manager) will maintain RFI and Submittal Logs for duration of project.
o Submittals will be reviewed for accuracy by Consultant, however final acceptance of product/material will be the City’s responsibility.
 Assist in the development of the punch list.
 Track resolution of all comments and issues to completion.  Observe and document work in progress, including maintaining Daily Reports.  Be the primary point of contact for onsite logistics coordination when necessary. o Consultant (Construction Manager) will be onsite at least one (1) day per week, during active onsite construction for the duration of the project. o The approximate duration schedule of the project is estimated at 90 calendar days, not including material/equipment lead times.
o Consultant will provided construction management not to exceed 120 days.  Verifying delivered equipment and completed work while coordinating with the City for approval and payment of the Contractor’s invoices.
o Does not include verification of Labor Compliance documents.  Review all scope changes and additions, and assist the City in preparing supplemental task orders for Contractor.
 Verify that Contractor uses the submitted materials, performs the proper installation, and follows the approved traffic safety plan throughout the project.  Technical and code inspections will be the responsibility of the appropriate inspection agencies.  As the final step in the process, the Consultant (Gordian’s Construction Manager) will enter all Job Order related information into the eGordian® information management system and collect any required as‐builts, warranties, etc., from the ezIQC contractor. Consultants Construction Manager will also participate in the final job walk for the final acceptance of work by the City. Final acceptance of the work will be the responsibility of the City.

Consultant agrees to perform all the said work and furnish all the said materials at its own cost and expense, as are necessary to complete in a good worker-like and substantial manner and to the satisfaction of the City.

Consultant shall bear all costs associated with this work, including, but not limited to, all professional, technical, clerical services, materials, tools, equipment, transportation, telephone, etc., used by Consultant in connection with this work. As more fully described in the City’s “Proposals to Provide Construction Management Services – 2024 CIP Projects – HVAC Systems dated April 18, 2024, both of which are incorporated herein by this reference.

Consultant acknowledges that in entering into this Agreement the City is relying on Consultant's special skills and experience to do and perform the services in accordance with best standards of professional practice. While performing the services, Consultant agrees to perform all the said work and furnish all the necessary materials at its own cost and expense necessary to complete said services in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances and to the reasonable satisfaction of the City.

Installation Agreement – The Gordian Group, Inc.

Construction Management Sercices for 2024 HVAC Project - (8) City Owned Facilities Resolution No. __________
3 Consultant services hereunder shall be performed in good, competent and professional manner.

Consultant shall be responsible for correcting and completing all errors and omissions related to the services provided by the Consultant for this Agreement at no additional cost to the City. “Errors” and “Omissions” for purposes of this paragraph are defined to mean a failure by the Consultant to meet the standards of its profession as set forth in the preceding paragraph. The acceptance of the services by City does not release Consultant from these obligations.

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

Amon Lesher, Chief Operating Officer of Consultant, shall be primarily responsible for representing Consultant in performance of this Agreement.

2. Duration of Contract. The Consultant shall commence services provided for herein upon written Notification to Proceed from the City and to continue in a diligent and professional manner until the services to be rendered are complete, unless this Agreement is extended or terminated as provided herein.

Consultant will generally adhere to any schedule set forth within Consultant’s Proposal or 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 Consultant’s work product or other unavoidable delays occasioned by unforeseen circumstances; provided, further, that such unavoidable delay will not include strikes, lockouts, work stoppages, or other labor disturbances conducted by, or on behalf of, Consultant’s officers or employees.

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

3. Compensation. The method of payment for this Contract will be on a flat lump sum basis.

The total price paid the Consultant will include compensation for all work, including travel, materials, supplies, vendor services, expenses and subcontracted work. No additional compensation will be paid to the Consultant.

Consultant shall be reimbursed within thirty (30) days, or as promptly as fiscal procedures may permit, upon receipt by the City of itemized invoices for services completed. Invoices shall be submitted no later than 45 calendar days after the performance of work for which the Consultant is billing. Invoices shall detail the work performed on each task as applicable. Invoices shall be delivered or mailed to the Director, General Services 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 to be performed by the Consultant pursuant to this Agreement, City shall pay, and Consultant agrees to accept, a not-to-exceed maximum sum of Fifty-Nine Thousand Two Hundred Eighty-Three Dollars and Eighty-Seven Cents ($59,283.87).

Installation Agreement – The Gordian Group, Inc.

Construction Management Sercices for 2024 HVAC Project - (8) City Owned Facilities Resolution No. __________
4 In the event of termination, the Consultant shall be entitled to compensation for the undisputed reasonable value of services performed to the effective date of termination, including any non-cancellable obligations incurred prior to termination; provided, however, that the City may condition payment of such compensation upon the Consultant’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 Consultant or its agents, employees, and subcontractors pursuant to this Agreement (the “Work Product”) is the property of City. In the event this Agreement is terminated, all Work Product produced by Consultant or its agents, employees and subcontractors pursuant to this Agreement will be delivered to City pursuant to the termination clause of this Agreement.

The Work Product may be used by City and its agents, employees, representatives, and assigns, in whole or in part, or in modified form, for all purposes City may deem advisable, without further employment of or payment of any compensation to Consultant; provided, however, that if this Agreement is terminated for any reason prior to completion of the Project and if under such circumstances City uses, or engages the services of and directs another consultant to use the Work Product, City agrees to hold Consultant harmless from any and all liability, costs, and expenses relative to claims arising out of matters and/or events which occur subsequent to the termination of this Agreement as a result of causes other than the fault or negligence of Consultant, or anyone for whose acts it is responsible, in preparation of the Work Product. Consultant will not be responsible for deficiencies solely attributable to modifications of the Work Product performed by others, or that arise from use of the Documents in connection with a project or site other than that shown in the Work Product.

5. Independent Contractor Status. Consultant, its officers, employees, subconsultants, subcontractors, agents and volunteers (collectively hereinafter the “Consultant”), will perform the services in Consultant's own way and pursuant to this Agreement as an independent contractor and in pursuit of Consultant's independent calling, and not as an employee of City. The persons used by Consultant to provide the services under this Agreement will not be considered employees of City for any purposes.

Neither the City nor any of its officers, employees, agents or volunteers shall have any control over the conduct of the Consultant, except as expressly set forth in this Agreement. Consultant expressly warrants that while engaged in carrying out and complying with any terms and conditions of this Agreement that Consultant shall not at any time or in any manner, represent that Consultant is in any manner officers, employees, agents or volunteers of the City. Consultant shall obtain no rights to retirement, health care or any other benefit that accrue to City officials, officers, or employees.

Consultant expressly waives any claim to such rights.

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

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

The expertise and experience of Consultant are material considerations for this Agreement.

Consultant shall not assign or transfer any interest in this Agreement or the performance of any of Consultant’s obligations under this Agreement without the prior written consent of the City. Any Installation Agreement – The Gordian Group, Inc.

Construction Management Sercices for 2024 HVAC Project - (8) City Owned Facilities Resolution No. __________
5 attempted assignment or transfer of any of Consultant’s rights, duties or obligations arising under this Agreement shall be null and void.

7. Nondiscriminatory Employment Practices. During the performance of this Agreement, the Consultant agrees not to discriminate against any employee or applicant for employment because of race, sex, creed, color, religion, age, sexual orientation, marital status, national origin, political affiliation, handicap or belief in accordance with requirements of City, State or Federal laws and regulations.

Consultant will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, sex, creed, color, religion, age, sexual orientation, marital status, national origin, political affiliation, handicap or belief in accordance with requirements of City, State or Federal laws and regulations. Such actions shall include, but not be limited to the following:
employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoffs or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees, applicants and subcontractors for employment, notices setting forth the provisions of this non-discrimination clause.

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

8. Subcontracting. Consultant's services are unique and personal. Except as may be specified in Consultant’s Proposal and agreed to by the City, Consultant will not subcontract any portion of the services without prior written approval of City Manager or his/her designee. If Consultant subcontracts any of the services, Consultant will be fully responsible to City for the acts, errors and omissions of Consultant's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Consultant is for the acts and omissions of persons directly employed by Consultant.

Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Consultant and City. Consultant will be responsible for payment of subcontractors. Consultant will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Consultant's work unless specifically noted to the contrary in the subcontract and approved in writing by City.

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

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

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

11. Insurance. Without limiting the Consultant’s indemnification of the City, Consultant shall obtain and maintain, at its cost and expense, for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Consultant or Consultant’s agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. Such evidence shall specifically identify this Agreement and shall contain express conditions that the City is to be given written notice at least Installation Agreement – The Gordian Group, Inc.

Construction Management Sercices for 2024 HVAC Project - (8) City Owned Facilities Resolution No. __________
6 thirty (30) days in advance of any termination or implementation of a reduction of limits or material change of insurance coverage as specified herein. Failure on the part of the Consultant to procure or maintain insurance shall constitute a material breach upon which the City may immediately terminate this Agreement. All insurance required hereunder shall be primary with respect to any insurance maintained by the City.

Coverages and Limits. Consultant will maintain the types of coverages and minimum limits indicated below, unless the Risk Manager or City Manager, in consultation with the City Attorney approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Consultant's indemnification obligations under this Agreement. City, its officers, agents, volunteers and employees make no representation that the limits of the insurance specified to be carried by Consultant pursuant to this Agreement are adequate to protect Consultant. The coverage will contain no special limitations on the scope of its protection to the below-designated insureds except for Workers Compensation and errors and omissions insurance. Consultant will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. If Consultant believes that any required insurance coverage is inadequate, Consultant will obtain such additional insurance coverage, as Consultant deems adequate, at Consultant's sole expense.

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

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

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

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

Endorsements. For Commercial General Liability Insurance and Automobile Liability Insurance, Consultant will ensure that the policies are endorsed to name the City of Compton and its respective elected and appointed officers, officials, employees, agents and volunteers as “additional insureds” with respect to liability arising out of the activities of the Consultant. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City. Prior to City's execution of this Agreement, Consultant 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. Consultant, at its own expense, during the term of this Agreement, shall obtain and maintain all appropriate business and professional permits, licenses and certificates that may be required in connection with the performance of services by the Consultant. Upon execution of this Agreement, the Consultant shall show evidence of a business license permit in conformance with Section 9-1.2 of the Compton Municipal Code.

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

Construction Management Sercices for 2024 HVAC Project - (8) City Owned Facilities Resolution No. __________
7 all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years, or longer if required by law, from the date of final payment under this Agreement.

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

15. General Compliance with Laws. Consultant will keep fully informed of federal, state and local laws and ordinances and regulations, which in any manner affect those, employed by Consultant, or in any way affect the performance of the services by Consultant. Consultant will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of the services with all applicable laws, ordinances and regulations. In the event the Consultant encounters any conflict between such laws and ordinances, Consultant shall notify the City in writing and the parties agree to work cooperatively to resolve the conflict.

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

The City’s obligation is payable only from funds appropriated for the purpose of this Agreement.

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

Either Party, upon tendering fifteen (15) calendar days written notice to the other Party, may terminate this Agreement for convenience. In this event and upon request of City, Consultant will assemble the work product without charge and put it in order for proper filing and closing and deliver it to City. Consultant will be paid for work performed to the termination date; however, the total 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.

17. Force Majeure. In the event that performance by either party is rendered impossible (permanently or temporarily) due to acts of war, acts of terrorism, fires, floods, epidemics, quarantine restrictions, or other natural occurrences, strikes, work slowdowns, lockouts (other than lockout by Consultant), or other similar acts to those described above or other causes beyond the reasonable control of such party, and without fault or negligence, said event shall excuse performance by such party, or in the case of temporary impossibility, shall excuse performance only for a period commensurate with the period of impossibility. Notwithstanding the foregoing, City shall have the right to terminate this Agreement upon any event that renders performance impossible. In such case, City shall be responsible for payment of compensation for the reasonable value of services rendered to the point at which this Agreement is terminated, but in no event to exceed the total lump sum fee payable under this Agreement.

Installation Agreement – The Gordian Group, Inc.

Construction Management Sercices for 2024 HVAC Project - (8) City Owned Facilities Resolution No. __________
8 18. Covenants Against Contingent Fees. Consultant warrants that Consultant has not employed or retained any company or person, other than a bona fide employee working for Consultant, to solicit or secure this Agreement, and that Consultant has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to terminate this Agreement for nonperformance, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee.

19. Certifications. The Consultant, under penalty of perjury, certifies that, except as noted below, he/she or any other person associated therewith in the capacity of owner, partner, director, officer, manager:
.a Is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any Federal, State or local agency; and .b Has not been suspended, debarred, voluntarily excluded or determined ineligible by any Federal, State or local agency within the past 3 years; and .c Does not have a proposed debarment pending; and
.d Has not been indicted, convicted, or had a civil judgment rendered against him/her/it by a court of competent jurisdiction in any matter involving fraud or official misconduct in connection with obtaining, attempting to obtain, or performing a public (Federal, state or local) transaction or contract under a public transaction; violation of Federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property within the past 3 years; and
.e 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
.f Have not had one or more public transactions (Federal, State or local) terminated for cause or default within the past 3 years.

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

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

Installation Agreement – The Gordian Group, Inc.

Construction Management Sercices for 2024 HVAC Project - (8) City Owned Facilities Resolution No. __________
9 21. Testimony. Consultant will testify at City's request if litigation is brought against City in connection with Consultant's services under this Agreement. Unless the action is brought by Consultant, or is based upon Consultant's actual or alleged negligence or other wrongdoing, City, upon prior written agreement with Consultant will compensate Consultant for time spent in preparation for testimony, testimony, and travel at Consultant's standard hourly rates at the time of actual testimony.

22. Waivers. The waiver by either Party of any breach or violation of any term, covenant, or condition of this Agreement or of any applicable law will not be deemed to be a waiver of such term, covenant, condition or law or of any subsequent breach or violation of same or of any other term, covenant, condition or law. The acceptance by either Party of any fee or other payment that 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.

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

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

25. Amendments. This Agreement may be modified or amended only be written document executed by both Consultant and City’s City Manager and approved as to form by the City Attorney.

Such document shall expressly state that it is intended by the parties to amend the terms and conditions of this Agreement.

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

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

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

To Consultant: The Gordian Group, Inc.
30 Patewood Drive, Suite 350
Greenville, South Carolina 29615
Attn: Ammon Lesher, Chief Operating Officer
(800) 874-2291
To City: City of Compton
205 South Willowbrook Avenue
Compton, California 90220
Attn: Director, General Services Department
(310) 605-5519
Installation Agreement – The Gordian Group, Inc.

Construction Management Sercices for 2024 HVAC Project - (8) City Owned Facilities Resolution No. __________
10 Copy to: City of Compton
205 South Willowbrook Avenue
Compton, California 90220
Attn: City Manager
In the event of any change of address, the moving party is obligated to notify the other party of the change of address in writing. Each party may amend, supplement and update the notice list to add, delete or replace any listed individuals; however, the amendment must be in writing.

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

Should either party hereto, or any representative, successor or assign of either party hereto, resort to litigation to enforce the provisions of this Agreement, the party or parties prevailing in such litigation shall be entitled, in addition to such other relief as may be granted, to recover its or their reasonable attorney’s fees and costs in such litigation from the party or parties against whom enforcement is sought.

IN WITNESS WHEREOF, CONSULTANT has executed this Agreement, and the CITY, by its City Manager, who is authorized to do so, has executed this Agreement.

THE GORDIAN GROUP, INC.

CONSULTANT
Dated: _______________ By ____________________________________ Ammon Lesher, Chief Operating Officer
The Gordian Group, Inc.

CTY OF COMPTON
Recommended for Approval by:

By _______________________________ Dated: ____________________ Nebraska Jones
General Services Department
Approved by:

Dated: ___________________ By ____________________________________ Willie A. Hopkins, City Manager
Installation Agreement – The Gordian Group, Inc.

Construction Management Sercices for 2024 HVAC Project - (8) City Owned Facilities Resolution No. __________
11 Approved as to form:

By ________________________________ Dated: ___________________ Eric J. Perrodin, City Attorney
ATTEST:

Dated: _________________ By ____________________________________ Vernell McDaniel, City Clerk
Sourcewell Contract No. 091620-GGI

SOURCEWELL

PROFESSIONAL SERVICES AGREEMENT
THIS PROFESSIONAL SERVICES AGREEMENT is by and between Sourcewell, 202 12th Street Northeast, PO Box 219, Staples, MN 56479 and The Gordian Group, Inc., 30 Patewood Drive, Suite 350, Greenville, SC 29615 (Gordian).

Sourcewell is in need of a vendor to perform services related to the ongoing management of its indefinite delivery/indefinite quantity construction contracting program for the benefit of Sourcewell participating entities (Services). Gordian is qualified and willing to perform the services described in this Agreement.

ARTICLE 1: TERM
A. Term. This Agreement will be effective September 16, 2020, and will remain in effect through October 1, 2025, unless earlier terminated pursuant to the terms of this Agreement.

The Agreement may be extended by mutual agreement of the parties.

B. Survival. Notwithstanding any expiration or termination of this Agreement, all payment obligations incurred prior to expiration or termination will survive, as will the following: Articles 8 and 9. All other rights will cease upon expiration or termination of this Agreement.

ARTICLE 2: GORDIAN’S DUTIES
Gordian will have the following duties and responsibilities in performing the services for Sourcewell (Services):

A. Program Support: Gordian will be responsible for the on-going support of the Sourcewell indefinite delivery/indefinite quantity construction contracting program (currently referred to as the Sourcewell ezIQC program).

B. EZIQC Contract Administration: Gordian will be responsible for assisting Sourcewell in the procurement of the contracts of Sourcewell-awarded EZIQC Contractors including:

1. Unit Price Book(s): For each Sourcewell EZIQC contract solicitation Gordian will prepare one or more customized Unit Price Books (also known as a Construction Task Catalog®) containing prices covering material, equipment and labor costs for various units of construction, and adjusting these costs to current market conditions and targeted geographies for the advertising and award of Sourcewell’s EZIQC Contracts. Sourcewell and Gordian will mutually agree on the number of Unit Price Books included in each EZIQC Contract solicitation, and the number of geographic regions associated with each DocuSign Envelope ID: 183158B3-C915-4CB8-85BB-562A9E3642DE Sourcewell Contract No. 091620-GGI

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solicitation. All unit price books will be provided in electronic, read-only format and may only be distributed in the same format.

2. Technical Specifications: Gordian will prepare and publish Technical Specifications describing the materials, performance and installation requirements for each of the construction tasks listed in the Unit Price Book. All Technical Specifications will be provided in electronic, read-only format and may only be distributed in the same format.

Gordian will have final approval of the terms and conditions of the EZIQC Contracts as related exclusively to the ordering, processing, and execution of the projects procured by Participating Entities; payment terms; and minimum qualifications required for an EZIQC Contract award. Sourcewell will have final approval over all other content of the EZIQC Contracts except as set forth above.

4. Vendor Outreach and Development Support: Gordian will be responsible to develop a prospective vendor outreach list and make vendor outreach contacts via phone, email, virtual on-line, and in-person visits to potential Sourcewell solicitation respondents. Vendor development efforts will include distribution of Sourcewell marketing collateral developed and approved by Sourcewell. All vendor outreach efforts will be concluded, and all contact between Gordian and prospective vendors will be concluded on or before each solicitation’s “Quiet Period” established by the Sourcewell Procurement Department. Sourcewell Procurement will provide reasonable advanced notice of the for the “Quiet Period” for each EZIQC Contract Solicitation, with the goal of providing notice no later than 10 days from the initiation of such Quiet Period. From the commencement of the Quiet Period until the announcement of contract awards by the Sourcewell Evaluation Committee, Gordian will cease communication with prospective respondents related to the solicitation and will immediately refer all inquiries to the Sourcewell Procurement Portal as the exclusive platform for submission of questions or communications related to the solicitation.

5. Procurement Support: Gordian will be responsible for providing Sourcewell with procurement support during the procurement of EZIQC Contracts, including advising Sourcewell on the appropriate method, duration, and publications for advertising each EZIQC Contract solicitation in the applicable jurisdictions. At the request of Sourcewell Procurement, and in light of COVID-19 pandemic restrictions implemented by various jurisdictions, Gordian will provide a recorded video presentation to be shared by Sourcewell during pre-bid meetings with interested bidders relating to the calculation of adjustment factors, the interpretation of the Unit Price Book, and other subject matter as deemed necessary by the parties. Gordian will make other presentations with and on behalf of Sourcewell relating to the EZIQC Program and solicitation process, including contractor DocuSign Envelope ID: 183158B3-C915-4CB8-85BB-562A9E3642DE Sourcewell Contract No. 091620-GGI

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training sessions, as deemed necessary by the parties. Sourcewell Procurement will determine if and when pre-recorded video presentations will be implemented, modified, or terminated.

6. Evaluation and Award: Sourcewell’s Evaluation Committee will be responsible for all EZIQC Contract award determinations. Upon request, Gordian will provide technical assistance to the Sourcewell evaluation committee. Any Gordian participation in the Evaluation Committee will require compliance with Sourcewell’s procurement protocols, in particular to those related to the handling and classification of government data and government procurement standards.

7. Standard Work: Gordian will work with Sourcewell in a mutually approved standard process for the execution of the EZIQC Contract solicitation process, such standard process will include, but not be limited to, the following tasks:
i. Initiation of a request for the solicitation of new EZIQC Contracts by either party; ii. Comment on, and technical assistance with, the draft bid documents for Sourcewell solicitations, as requested by Sourcewell in timely manner; iii. Development and delivery of pre-recorded video content and supporting materials necessary for pre-bid seminars to be conducted by Sourcewell, or in-person attendance at pre-bid conferences at the request of Sourcewell; and iv. Technical assistance to the Sourcewell evaluation committee responsible for review, evaluation and award of EZIQC Contracts, as requested by Sourcewell.

C. Information Management System: Gordian will be responsible for providing the web-based JOC Information Management System (IMS) for an unlimited number of EZIQC Contractors for the purpose of executing work procured through the EZIQC Program. The JOC IMS must be capable of providing full project tracking, developing cost proposals, generating project documentation, providing project scheduling, tracking diverse supplier participation (W/MBE, SBE, and VeteranOwned businesses), and generating standard program reports as requested by Sourcewell. Gordian will not be responsible for providing access to, or training on, the JOC IMS to Sourcewell or any Participating Entity in connection with the EZIQC Program.

D. Onboarding and Training Programs: Gordian will be responsible for developing and conducting all onboarding and training programs for the EZIQC Contractors to ensure that the EZIQC Program functions properly. Training and onboarding will be provided to newly-awarded Sourcewell EZIQC contractors within a reasonable time after contract award, with the goal of 30 days from the contract award date. Training will include sessions on the use of the JOC IMS, the Job Order development process, and the application and interpretation of the Construction Task Catalog.

Onboarding sessions will include sales and marketing training, and associated marketing collateral as agreed upon by the parties. At the discretion of Gordian, such training and onboarding programs DocuSign Envelope ID: 183158B3-C915-4CB8-85BB-562A9E3642DE Sourcewell Contract No. 091620-GGI

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may be conducted onsite or via remote, web-based training sessions and will be conducted at Gordian’s sole expense, excluding any expenses associated with Sourcewell’s attendance of any training and onboarding sessions.

E. Marketing Support: Gordian will be responsible for providing Sourcewell with a designated representative to coordinate all associated marketing efforts relating to the EZIQC program.

Gordian’s designated marketing representative will be a member of the marketing department with primary responsibility for the marketing of the EZIQC Program. In addition, Gordian will:

1. Work with Sourcewell and exercise reasonable efforts to:
i. Work with Sourcewell’s designated representative to develop a joint marketing plan as agreed upon by both parties. The joint marketing plan may be amended, revised and updated as needed during the term of this Agreement with approval by both parties.
ii. Will carry out Gordian’s responsibilities under the joint marketing plan, as updated and amended by both parties, during the term of this Agreement; iii. Provide any marketing materials developed under the joint marketing plan to Sourcewell’s designated marketing representative not less than 48 hours prior to publication. Sourcewell’s failure to provide any objection to such marketing materials within 48 hours of receipt will be deemed an approval of such marketing materials;
iv. Schedule and attend, not less than monthly, recurring calls with Sourcewell’s designated marketing representative for continued coordination and collaboration on all marketing activities associated with the EZIQC Program including the Joint Marketing Plan; and,
v. Provide a list of scheduled conferences and speaking engagements, updated monthly, which Gordian plans to attend and which relate to the promotion and marketing of the EZIQC Program.

2. Be responsible for all costs associated with marketing efforts initiated, assigned to, or otherwise carried out by Gordian unless otherwise set forth in this Agreement or the joint marketing plan.

F. Job Order Initiation and Development: Gordian will be responsible for providing the following Job Order Development services:

1. Project Identification and Initiation: Gordian will develop and maintain a web portal to enable Participating Entity to identify and request assistance with possible projects to be procured through the EZIQC Program. Gordian will respond to any Participating Entity DocuSign Envelope ID: 183158B3-C915-4CB8-85BB-562A9E3642DE Sourcewell Contract No. 091620-GGI

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requests for assistance within 48 hours of receipt of such request. Gordian will have the discretion to deny the requested assistance for any reason.

2. Contractor Identification: In the event the Participating Entity requests a Joint Scope Meeting to discuss the potential project, Gordian will provide the Participating Entity with a list of available EZIQC Contractors for the project based on factors which include, but are not limited to, the type of work involved, and the location of the project. The Participating Entity will be responsible for approving the selected EZIQC Contractor for the project.

3. Joint Scope Meeting: Gordian’s project manager will schedule a Joint Scope Meeting at the project site to help the Participating Entity and the EZIQC Contractor agree on the details of the work that the EZIQC Contractor will perform. The purpose of the scoping process is to allow the EZIQC Contractor an opportunity to inspect the site and ask questions before submitting a Price Proposal.

4. Develop Detailed Scope of Work: Gordian will assist the Participating Entity and EZIQC Contractor with preparing a Detailed Scope of Work that describes the work the EZIQC Contractor will perform. Gordian will also assist with resolving issues when project plans and actual conditions vary.

5. Request for Price Proposal: After all parties are in agreement that the Detailed Scope of Work properly reflects the work to be performed, Gordian’s project manager will send the Detailed Scope of Work and a Request for Proposal to the EZIQC Contractor.

6. Price Proposal Review: Gordian’s project manager will review the Price Proposal to make sure the EZIQC Contractor has selected the appropriate tasks and quantities and will request the EZIQC Contractor to make any required changes to ensure the Price Proposal reflects the appropriate means and methods for accomplishing the Detailed Scope of Work. Gordian will also obtain and review any Participating Entity required information submitted by the EZIQC Contractor such as a construction schedule and list of proposed subcontractors. Gordian’s project manager will submit the Price Proposal and related documents to Participating Entity.

7. Issue Job Order: Once the Participating Entity approves the Price Proposal and related documents, and decides to move forward with the project, Gordian will assist the Participating Entity with the issuance of a job order (which may be in the form of a purchase order, notice-to-proceed, or similar purchasing document) to the selected EZIQC Contractor to initiate the completion of the project.

8. Construction Process and Supplemental Job Orders: During construction, unless project management services are requested by the Participating Entity as set forth below, the Participating Entity’s, project managers, or its designees, will be responsible for all construction management activities. In the event unforeseen conditions arise or Participating Entity desires to change the Detailed Scope of Work, Gordian will assist the DocuSign Envelope ID: 183158B3-C915-4CB8-85BB-562A9E3642DE Sourcewell Contract No. 091620-GGI

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Participating Entity with the development of a supplemental Job Order in the same manner as the original Job Order.

G. On-Going Program Administration and Support: Gordian will be responsible for providing program administration to Sourcewell during the term of the Agreement. On-going program administration will include providing updated contract documents, unit price books, assisting with the procurement of additional EZIQC Contractors utilizing the process outlined above, providing EZIQC Contractors with access to all applicable updates and revisions to the JOC IMS, and providing training for onboarding and training for all EZIQC Contractors. Gordian will provide telephone and web-based customer support to Participating Entities and EZIQC Contractors during the period of 8:30 a.m. EST to 10:00 p.m. EST, Monday thru Friday, excluding holidays.

H. Accounting, Collections and Remittance of Administrative Fees: Gordian will be responsible for providing Sourcewell with a designated representative to coordinate all associated invoicing and collection efforts relating to the EZIQC program. Gordian’s designated accounting representative will be a member of the accounting department with primary responsibility for overseeing the invoicing and collection of payments from the EZIQC Contractors. In addition, Gordian will:

1. Invoice and collect all applicable fees from the EZIQC Contractors in accordance with the terms of Article VIII and will remit, via electronic payment, the Sourcewell Administrative Fee (as defined in Article VIII) on a monthly basis for all Sourcewell Administrative Fees collected during the preceding month.
i. The parties agree that as a condition precedent to Gordian’s obligation to remit the Sourcewell Administrative Fee, Gordian must first receive payment in full for the Gordian Administrative Fee (as defined in Article VIII). In the event Gordian does not receive payment of the Gordian Administrative Fee in full, for any reason, Gordian will not be liable to Sourcewell for payment of the Sourcewell Administrative Fee.

2. Provide Sourcewell with a monthly report detailing all Sourcewell Administrative Fees collected during the previous month including Sourcewell contract number, project names, project values, and the fees collected. The monthly report will be in the sales reporting template format developed and provided by Sourcewell.

3. Provide Sourcewell with a monthly report detailing all outstanding accounts receivable by EZIQC Contractor including the amount, date of accrual, and days outstanding for each invoice.

4. Gordian may initiate and control any litigation seeking any unpaid balances owed by any EZIQC Contractor, provided such unpaid balance exceeds $50,000.

I. Vendor Performance Management Services: Gordian will provide EZIQC Contractor performance management throughout the term of each Sourcewell awarded contract. The parties will mutually agree on a standard EZIQC Contractor performance assessment form for DocuSign Envelope ID: 183158B3-C915-4CB8-85BB-562A9E3642DE Sourcewell Contract No. 091620-GGI

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completion and delivery to Sourcewell, to be provided upon request from Sourcewell, not less than 30 days in advance of each EZIQC Contractor’s annual contract anniversary date.

ARTICLE 3: SOURCEWELL DUTIES AND RESPONSIBILITIES
Sourcewell will perform the following duties and responsibilities to complete the Services:

A. EZIQC Contract Procurement:

1. Advertisement and Bid Documents: Sourcewell will be responsible for advertising, posting, and distributing the bid documents, contract documents, unit price books and all associated documentation related to the advertisement and award of the EZIQC Contracts.

Sourcewell will be responsible for conducting all activities, and paying any expenses required, to ensure the appropriate advertisement of the EZIQC Contract solicitations in each applicable jurisdiction.

2. Pre-bid Seminars: Sourcewell will be responsible for scheduling and hosting any pre-bid seminars conducted as part of the solicitation of any EZIQC Contracts, and will be responsible for any expenses associated therewith, excluding any expenses associated with preparation of Gordian’s recorded video presentation to be shared during such pre-bid seminars. At Sourcewell’s sole discretion, pre-bid seminars may be conducted in-person, or remotely via video-enabled webinars. Sourcewell Procurement reserves the right to invite a Gordian representative, at Gordian’s sole expense, to attend the pre-bid conference either in-person or via the video-enabled webinar.

3. Contractual Terms and Conditions and Bid Forms: Sourcewell will prepare contractual terms and conditions, and bid forms, that incorporate best practices for the execution of indefinite delivery/indefinite quantity construction contracts in accordance with the applicable procurement statutes in the jurisdiction where such EZIQC Contracts are being procured. Gordian will have final approval of the terms and conditions of the EZIQC Contracts as related exclusively to the ordering, processing, and execution of the projects procured by Participating Entities, payment terms, and minimum qualifications required for an EZIQC Contract award. Sourcewell will have final approval over all other content of the EZIQC Contracts except as set forth above.

4. Evaluation and Award: Sourcewell will designate the committee responsible for evaluating and awarding the EZIQC Contracts.

5. Standard Work: Sourcewell will exercise reasonable efforts in a mutually approved standard process for the execution of the EZIQC Contract solicitation process, such standard process will include, but not be limited to, the following tasks:
i. Initiation of a request for the solicitation of new EZIQC Contracts by either party, with Sourcewell retaining the final determination on issuance of the solicitation and the DocuSign Envelope ID: 183158B3-C915-4CB8-85BB-562A9E3642DE Sourcewell Contract No. 091620-GGI

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geographic scope of the solicitation (whenever possible, Sourcewell intends to solicit for EZIQC Contracts across an entire state);
ii. Execution of the advertisement, evaluation and award of EZIQC Contracts in accordance with applicable competitive bidding requirements in the jurisdiction where the EZIQC Contract solicitation is to occur;
iii. Creation and placement of advertisements in connection with the EZIQC Contract solicitation process;
iv. Review, revision, and finalization of the bid documents in timely manner; v. Scheduling and execution of any pre-bid seminars and development of materials associated with the pre-bid seminars;
vi. Creation and identification of evaluation committee responsible for review, evaluation, and award of EZIQC Contracts; and,
vii. Consult with Gordian on the above-listed tasks at it determines in its discretion.

B. Marketing Support: Sourcewell will be responsible for providing Gordian with a designated representative to coordinate all associated marketing efforts relating to the EZIQC program.

Sourcewell’s designated marketing representative will be a member of the marketing department with primary responsibility for the marketing of the EZIQC Program. In addition, Sourcewell will:

1. Work with Gordian and exercise reasonable efforts to:
i. Carry out Sourcewell’s responsibilities under the Joint Marketing Plan, as updated and amended by both parties, during the term of this Agreement; ii. Provide any marketing materials developed under the Joint Marketing Plan to Gordian’s designated marketing representative not less than 48 hours prior to publication. Gordian’s failure to provide any objection to such marketing materials within 48 hours of receipt will be deemed an approval of such marketing materials; iii. Schedule and attend, not less than monthly, recurring calls with Gordian’s designated marketing representative for continued coordination and collaboration on all marketing activities associated with the EZIQC Program including the Joint Marketing Plan;
iv. Provide a list of scheduled conferences and speaking engagements, updated monthly, which Sourcewell plans to attend and which relate to the promotion and marketing of the EZIQC Program; and,
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v. Provide a list of all Sourcewell Participating Entities, updated quarterly, to Gordian’s designated marketing representative.

2. Be responsible for all costs associated with marketing efforts initiated, assigned to, or otherwise carried out by Sourcewell unless otherwise set forth in this Agreement or the Joint Marketing Plan.

C. Accounting and Collections: Sourcewell will be responsible for providing Gordian with a designated representative to coordinate all associated invoicing and collection efforts relating to the EZIQC program. Sourcewell’s designated accounting representative will be a member of the finance department with primary responsibility for overseeing the invoicing and collection of payments from the EZIQC Contractors. In addition, Sourcewell will:

1. Withhold any contract award or contract renewal from any EZIQC Contractor with an outstanding balance owed to Gordian of greater than $10,000.00 provided that Gordian has delivered monthly reports on outstanding accounts receivables as set forth in Article 2(H)(3).

2. Provide notice to Gordian of Sourcewell’s intent to renew any EZIQC contract, or make any contract award, to any EZIQC Contractor with any outstanding accounts receivable that is over 90 days old, provided that Gordian has delivered monthly reports on outstanding accounts receivables as set forth in Article 2(H)(3).

3. Provide reasonable assistance and cooperation to Gordian in the collection of any outstanding balance owed by any EZIQC Contractor including, but not limited to, sending notices of default, notice of termination, or any other remedial action allowed by the EZIQC Contract or permitted by law.

4. Upon the approval of Sourcewell’s General Counsel in the General Counsel’s sole discretion, Join and bear the proportionate cost of any litigation initiated by Gordian to collect any unpaid balances owed by any EZIQC Contractor provided such unpaid balances exceed $50,000.00 in total for all EZIQC Contracts held by the EZIQC Contractor. Sourcewell’s obligation to bear any cost of such litigation is contingent upon Gordian’s full and timely performance of the vendor assessment and performance evaluation tasks described above with respect to the vendor.

ARTICLE 4: JOC SYSTEM LICENSE
Gordian hereby grants to Sourcewell, and Sourcewell hereby accepts from Gordian for the term of this Agreement, a non-exclusive right, privilege and license to Gordian’s Job Order Contracting (JOC) System and other related proprietary materials to be used for the sole purpose of implementing and executing the EZIQC Program. Proprietary Information will include, but is not limited to Gordian’s JOC Information Management System (as defined below), and support documentation, Construction Task Catalog (also commonly referred to as a Unit Price Book), construction cost data, training materials and other proprietary materials provided by Gordian. In the event this DocuSign Envelope ID: 183158B3-C915-4CB8-85BB-562A9E3642DE Sourcewell Contract No. 091620-GGI

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Agreement expires or terminates as provided herein, this JOC System License will terminate and Sourcewell will return to Gordian all Proprietary Information in its possession.

Sourcewell agrees to respect the copyrights, registrations, trade secrets and other proprietary rights of Gordian in the Proprietary Information during and after the term of this Agreement and will not reproduce, distribute or otherwise use the Proprietary Information for any purpose except as provided for herein, subject to federal and state laws related to public records disclosure.

Gordian believes that the unauthorized disclosure of Proprietary Information will result in irreparable harm to Gordian for which monetary damages would be an inadequate remedy and that no such disclosure will be made to anyone without first providing notice to Gordian. The parties acknowledge that as a local agency of the State of Minnesota, Sourcewell is required to comply with the Minnesota Government Data Practices Act (Minnesota Statutes Chapter 13) which classifies and controls government data. Gordian considers its Proprietary Information to meet the statutory definition of Trade Secret and would therefore be protected from release.

Sourcewell will provide prompt notice to Gordian in the event of receipt of a request for release of Gordian’s Proprietary Information, but will have no obligation to seek an administrative or judicial order declaring the data non-public or trade secret under Chapter 13.

Gordian agrees to grant a license to each EZIQC Contractor that is awarded an EZIQC Contract by Sourcewell in connection with the EZIQC Program, provided the EZIQC Contractor remits all required payments to Gordian in a timely manner, and provided Sourcewell includes licensing language in the EZIQC contract similar in form to this JOC System License. In the event any contractor participating in the EZIQC Program fails to remit any payment to Gordian in a timely manner, Gordian will have the discretion to terminate the contractor’s access to the Proprietary Information until such time as all outstanding payments are made.

In the event of a conflict in terms and conditions between this JOC System License and any other terms and conditions of this Agreement or any purchase order or similar purchasing document issued by Sourcewell, this JOC System License will take precedence.

ARTICLE 5: CONSIDERATION AND PAYMENT
In consideration of the Services provided, and the JOC System License granted above, Gordian will be paid the following fee:

A. Gordian Administrative Fee: Gordian will collect the percentage listed below of the value of each Job Order procured by a Participating Entity from an EZIQC Contractor. All reimbursable expenses related to the administration of the EZIQC Program will be considered included in the Gordian Administrative Fee set forth above, except as otherwise provided for herein.  For all purchase orders issued from September 15, 2020, to March 31, 2021, Gordian’s fee will be: 6.25%.
 For all purchase orders issued on or after April 1, 2021, Gordian’s fee will be 6%.

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B. Sourcewell Administrative Fee: In addition to the Gordian Administrative Fee, Sourcewell will be entitled to a Sourcewell Administrative Fee calculated as a percentage of the value of each Job Order procured by a Participating Entity from an EZIQC Contractor.  For all purchase orders issued from September 15, 2020, to March 31, 2021, Sourcewell’s fee will be: 1.25%.
 For all purchase orders issued on or after April 1, 2021, Sourcewell’s fee will be 1.5%.

C. State of Georgia: For purchase orders issued under EZIQC contracts adopted by the State of Georgia, fees will be calculated as follows: 5.75% to Gordian, 0.75% to Sourcewell, and 1% to the State of Georgia.

D. E&I Cooperative Services: For purchase orders issued under EZIQC contracts adopted by E&I Cooperative Services, fees will be calculated as follows: 5.5% to Gordian, 1% to Sourcewell, and 1% to E&I Cooperative Services.

Sourcewell will include language in the EZIQC Contracts that: 1) instructs the EZIQC Contractors to include a total administrative fee of 7.5% in their adjustment factors to cover the full Administrative Fee; and 2) requires the EZIQC Contractors to remit the Sourcewell Administrative Fee to Gordian within five days of receiving payment from the Participating Entity for each Job Order performed by the EZIQC Contractor. Gordian willretain the Gordian Administrative Fee described above and remit all remaining collected Sourcewell Administrative Fees to Sourcewell.

ARTICLE 6: AUTHORIZED REPRESENTATIVE
A. Sourcewell’s Authorized Representative is Tony Glenz, Supplier Development Supervisor, Office: 218-894-5491, Mobile: 218-371-1671, or his successor, and has the responsibility to monitor Gordian’s performance and the authority to accept the services provided under this Agreement.

B. Gordian’s Authorized Representative is Louis Patin, Vice President, National Programs, 30 Patewood Drive, Suite 350, Greenville, SC 29615, Office: 800-874-2291 Mobile: 818-518- 0678, or his successor.

ARTICLE 7: INSURANCE
A. Insurance Requirements: At its own expense, Gordian must maintain insurance policy(ies) in effect at all times during the performance of this Contract with insurance company(ies) licensed or authorized to do business in the State of Minnesota having an “AM BEST” rating of A- or better, with coverage and limits of insurance not less than the following:

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1. Workers’ Compensation and Employer’s Liability: Workers’ Compensation: As required by any applicable law or regulation. Employer's Liability Insurance: must be provided in amounts not less than listed below:

Minimum limits:
$500,000 each accident for bodily injury by accident
$500,000 policy limit for bodily injury by disease
$500,000 each employee for bodily injury by disease

2. Commercial General Liability Insurance: Gordian will maintain insurance covering its operations, with coverage on an occurrence basis, and must be subject to terms no less broad than the Insurance Services Office (ISO) Commercial General Liability Form CG0001 (2001 or newer edition), or equivalent. At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, independent contractors, products-completed operations including construction defect, contractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage must be maintained during the term of this Contract.

Minimum Limits:
$1,000,000 each occurrence Bodily Injury and Property Damage $1,000,000 Personal and Advertising Injury
$2,000,000 aggregate for Products-Completed operations
$2,000,000 general aggregate

3. Commercial Automobile Liability Insurance: During the term of this Contract, Gordian will maintain insurance covering all owned, hired, and non-owned automobiles in limits of liability not less than indicated below. The coverage must be subject to terms no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer), or equivalent.

Minimum Limits:
$1,000,000 each accident, combined single limit

4. Umbrella Insurance: During the term of this Contract, Gordian will maintain umbrella coverage over Workers’ Compensation, Commercial General Liability, and Commercial Automobile.

Minimum Limits:
$10,000,000

5. Professional/Technical, Errors and Omissions, and/or Miscellaneous Professional Liability: During the term of this Contract, Gordian will maintain coverage for all claims Gordian may become legally obligated to pay resulting from any actual or alleged DocuSign Envelope ID: 183158B3-C915-4CB8-85BB-562A9E3642DE Sourcewell Contract No. 091620-GGI

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negligent act, error, or omission related to Gordian’s professional services required under this Contract.

Minimum Limits:
$3,000,000 per claim or event
$3,000,000 annual aggregate

6. Network Security and Privacy Liability Insurance: During the term of this Contract, Gordian will maintain coverage for network security and privacy liability. The coverage may be endorsed on another form of liability coverage or written on a standalone policy. The insurance must cover claims which may arise from failure of Gordian’s security resulting in, but not limited to, computer attacks, unauthorized access, disclosure of not public data – including but not limited to, confidential or private information, transmission of a computer virus, or denial of service.

Minimum limits:
$2,000,000 per occurrence
$2,000,000 annual aggregate
Failure of Gordian to maintain the required insurance will constitute a material breach entitling Sourcewell to immediately terminate this Contract for default.

B. Certificates of Insurance: Prior to commencing under this Contract, Gordian must furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the Sourcewell Contract Administrator assigned to this Contract. The certificates must be signed by a person authorized by the insurer(s) to bind coverage on their behalf. All policies must include there will be no cancellation, suspension, non-renewal, or reduction of coverage without 30 days’ prior written notice to the Gordian.

Upon request, Gordian must provide to Sourcewell copies of applicable policies and endorsements, within 10 days of a request. Failure to request certificates of insurance by Sourcewell, or failure of Gordian to provide certificates of insurance, in no way limits or relieves Gordian of its duties and responsibilities in this Contract.

C. Additional Insured Endorsement and Primary and Non-Contributory Insurance Clause:

Gordian agrees Sourcewell and its Participating Entities, including their officers, agents, and employees, shall be covered as an additional insured under Gordian’s commercial general liability insurance policy with respect to liability arising out of activities, “operations,” or “work” performed by or on behalf of Gordian, and products and completed operations of Gordian. The policy provision(s) or endorsement(s) must further provide that coverage is primary and not excess over or contributory with any other valid, applicable, and collectible insurance or selfinsurance in force for the additional insureds.

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D. Waiver of Subrogation. Gordian waives and must require (by endorsement or otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional insureds for losses paid under the insurance policies required by this Contract or other insurance applicable to the Gordian or its subcontractors. The waiver must apply to all deductibles and/or self-insured retentions applicable to the required or any other insurance maintained by the Gordian or its subcontractors. Where permitted by law, Gordian must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors.

E. Umbrella/Excess Liability: The limits required by this Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy(ies).

F. Self-Insured Retentions: Any self-insured retention in excess of $10,000 is subject to Sourcewell’s approval.

ARTICLE 8: DATA AND INTELLECTUAL PROPERTY
A. Government Data: The Parties acknowledge that each is subject to the Minnesota Government Data Practices Act (Minnesota Statutes Chapter 13) as to data created and maintained under this Agreement.

B. Trademark License: Gordian grants to Sourcewell, during the term of this Agreement, a nontransferable, non-assignable, non-divisible, non-exclusive license, to use the trademarks, service marks and trade names set forth below, or as otherwise agreed to by the Parties in writing, solely in connection with this Agreement, and solely for the purpose of marketing, selling, advertising or otherwise promoting the Sourcewell EZIQC Program.

1. Gordian

2. EZIQC

3. Sightlines

4. RSMeans

5. Construction Task Catalog

6. eGordian

7. JOC Cloud
Any use of the trademarks set forth above shall at all times comply with any brand guidelines published by Gordian and provided to Sourcewell during the term of this Agreement. Any deviation from the brand guidelines shall require written approval from Gordian. Gordian may add, remove, or otherwise revise the list of trademarks by providing written notice to Sourcewell of such changes no less than 10 days prior to the date of such changes becoming effective.

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C. Sourcewell Grant of License: Sourcewell grants to Gordian a royalty-free, worldwide, non-exclusive right and license to use the its trademark in advertising and promotional materials for the purpose of marketing Sourcewell’s relationship with Gordian. Gordian must not alter Sourcewell’s Trademarks from the form provided by Sourcewell and must comply with Sourcewell’s removal requests as to specific uses of its trademarks or logos. Upon the termination of this Contract for any reason, Gordian will have 30 days to remove all trademarks from signage, websites, and the like bearing Sourcewell’s name or logo.

ARTICLE 9: GENERAL TERMS
A. Governing Law, Jurisdiction and Attorney’s Fees: This Agreement will be interpreted and construed in accordance with the laws of the State of Minnesota. Any dispute arising out of this Agreement will be adjudicated in Todd County, Minnesota. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and reasonable attorney’s fees from the other party.

B. Assignment: Neither party may assign or otherwise transfer its rights and obligations under this Agreement without prior written consent of the other party, not to be unreasonably withheld. Any prohibited assignment will be invalid.

C. Independent Contractor: Gordian is an independent contractor, and neither Gordian nor its employees or subcontractors will, under any circumstances, be considered employees, servants or agents of Sourcewell. Sourcewell will not be legally responsible for any negligence or other wrongdoing or intentional act by Gordian, its employees, servants or agents.

Sourcewell will not withhold from payments to Gordian any federal, state or unemployment taxes, federal or state income taxes, Social Security tax, or any other amounts for benefits to Gordian or its employees, servants or agents. Furthermore, Sourcewell will not provide to Gordian any insurance coverage or other benefits, including workers’ compensation, normally provided by Sourcewell for its employees.

D. Hold Harmless: Gordian will indemnify and hold Sourcewell harmless from all claims and demands that may result from its acts or omissions in performance of this Agreement, excluding any claims arising from the negligence or willful misconduct of Sourcewell or any of its representatives, agents or employees. Sourcewell’s responsibility will be governed by the State of Minnesota’s Tort Liability Act (Minnesota Statutes Chapter 466) and other applicable law.

E. Amendments: Any amendment to this Agreement must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original Agreement, or their successors in office.

F. Severability: In the event that any term of this Agreement is in conflict with or is otherwise unenforceable under any rule, law, or statutory provision, such terms will be deemed stricken from this Agreement, but such invalidity or unenforceability will not invalidate any DocuSign Envelope ID: 183158B3-C915-4CB8-85BB-562A9E3642DE Sourcewell Contract No. 091620-GGI

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other terms of the Agreement unless the invalidity or unenforceability of such provisions substantially harms, compromises an integral part of, or are otherwise inseparable from the remainder of this Agreement.

G. Waiver: Failure by either party to take action or assert any right under this Agreement will not be deemed a waiver of such right in the event of the continuation or repetition of the circumstances giving rise to such right.

H. Endorsement: Gordian must not claim that Sourcewell endorses its products or services.

I. Agreement Complete: This Agreement contains all negotiations and agreements between the parties. No other understanding regarding this Agreement, whether written or oral, may be used to bind either party.

ARTICLE 10: TERMINATION
Either party may terminate this Agreement by providing 90 calendar days' written notice to the other party. Unless otherwise agreed by the parties, termination under this section will not relieve Sourcewell of its obligation to pay for satisfactorily completed services.

IN WITNESS WHEREOF, the parties have executed this Agreement.

Sourcewell The Gordian Group, Inc.

By: By:

Authorized Signature Authorized Signature
Jeremy Schwartz Ammon Lesher
Name – Printed Name – Printed
Title: Director of Operations & Procurement/CPO Title: Vice President / General Counsel Date: Date:

Sourcewell–APPROVED:

By:

Authorized Signature
Chad Coauette
Name – Printed
Title: Executive Director/CEO
Date:

DocuSign Envelope ID: 183158B3-C915-4CB8-85BB-562A9E3642DE 9/16/2020 | 4:13 PM CDT 9/16/2020 | 4:08 PM CDT
9/16/2020 | 4:17 PM CDT
v.070123 1

SOURCEWELL- GORDIAN

PROFESSIONAL SERVICES AGREEMENT
Intergovernmental Support Agreement Addendum
This ADDENDUM to the PROFESSIONAL SERVICES AGREEMENT between Sourcewell, 202 12th Street Northeast, PO Box 219, Staples, MN 56479 and The Gordian Group, Inc., 30 Patewood Drive, Suite 350, Greenville, SC 29615 (Gordian), Contract No. 091620-GGI, dated September 16, 2020, is effective upon final signature date.

This Addendum supplements the Professional Services Agreement and includes necessary process and contractual changes required to provide indefinite delivery/indefinite quantity construction contracting services (IDIQ Construction Services) to Sourcewell’s Installation Support Program (ISP) on behalf of the United States Department of Defense (DoD) Installations through the use of an Intergovernmental Support Agreement (IGSA). Sourcewell and Gordian have agreed these supplemental terms, and to the extent applicable, the terms of the Professional Services Agreement will govern the ISP for IDIQ Construction Services.

Sourcewell is an eligible IGSA local government partner and has entered or will enter into one or more agreements with DoD Installations under a cost reimbursable contract to provide installation support services including facility maintenance, repairs, base operations support services, supplies, equipment, and minor construction services.

The operation of the EZIQC program and the terms of the Professional Services Agreement for Participating Entities is not changed by this Addendum. This Addendum applies only to the Installation Support Program.

Article 2: GORDIAN’S DUTIES
B. EZIQC Contract Administration: Gordian will be responsible for assisting Sourcewell in the procurement of the contracts of Sourcewell-awarded EZIQC Contractors including:

3. Contractual Terms and Conditions and Bid Forms: Gordian will provide technical assistance to Sourcewell staff, as requested, in the preparation of contractual terms and conditions, and bid forms, which incorporate best practices for the execution of indefinite delivery/indefinite quantity construction contracts in accordance with the applicable procurement statutes in the jurisdiction where such EZIQC Contracts are being procured. Sourcewell and Gordian will mutually agree on the final form of the terms and conditions of the EZIQC Contracts as related exclusively to the ordering, processing, and execution of the projects procured by Sourcewell for the ISP including Price Proposal, Task Orders, payment terms, and minimum qualifications required for an EZIQC Contract award. Sourcewell will DocuSign Envelope ID: 4E406C2A-D540-4921-9657-A9A627CF60BF v.070123 2
have final approval over all other content of the EZIQC Contracts except as set forth above.

C. Information Management System: Gordian will be responsible for providing the web-based JOC Information Management System (IMS) for an unlimited number of EZIQC Contractors for the purpose of executing work procured through the EZIQC Program subject to the terms of Gordian’s JOC System License. The JOC IMS must be capable of providing full project tracking, developing cost proposals, generating project documentation, providing project scheduling, tracking diverse supplier participation (W/MBE, SBE, and Veteran- Owned businesses), and generating standard program reports as requested by Sourcewell. Gordian will not be responsible for providing access to, or training on, the JOC IMS to Sourcewell or any Installation in connection with the ISP.

E. Marketing Support :

1. Installation Recruitment and Onboarding: Gordian and Sourcewell will coordinate all activities related to recruiting additional Installations into the ISP. These coordination activities must include but are not limited to; identifying and prioritizing potential Installations; review and analysis of procurement rules within states for non-IGSA IDIQ contract viability; development and maintenance of priority list based on Installation needs and Sourcewell capacity; and development of consistent materials for educating Installations on the ISP and onboarding procedures.

F. Job Order Initiation and Development: Gordian will be responsible for providing the following Job Order Development services:

1. Project Identification and Initiation: Sourcewell will contact Gordian with any Installation project requests for assistance. Gordian will respond to Sourcewell within 48 hours of receipt of such request. Gordian will have the discretion to deny the requested assistance for any reason.

2. Contractor Identification: In the event Sourcewell requests a Joint Scope Meeting on behalf of an Installation to discuss the potential project, Gordian will provide the Installation with a list of available EZIQC Contractors for the project based on factors which include, but are not limited to, the type of work involved, and the location of the project. Sourcewell and Installation will be responsible for approving the selected EZIQC Contractor for the project.

3. Joint Scope Meeting: Upon request of Sourcewell, Gordian will schedule a Joint Scope Meeting at the project site to help Installation and the EZIQC Contractor agree on the details of the work that the EZIQC Contractor will perform. The purpose of the scoping process is to allow the EZIQC Contractor an opportunity to inspect the site and ask questions before submitting a Price Proposal.

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4. Develop Detailed Scope of Work: Gordian will assist Sourcewell, Installation, and EZIQC Contractor with preparing a Detailed Scope of Work that describes the work the EZIQC Contractor will perform. Gordian will also assist with resolving issues when project plans and actual conditions vary.

5. Request for Price Proposal: If requested by Sourcewell or Installation, after all parties are in agreement that the Detailed Scope of Work properly reflects the work to be performed, Gordian's project manager will send the Detailed Scope of Work and a Request for Proposal to the EZIQC Contractor.

6. Price Proposal Review: Gordian's project manager will review the Price Proposal to make sure the EZIQC Contractor has selected the appropriate tasks and quantities and will request the EZIQC Contractor to make any required changes to ensure the Price Proposal reflects the appropriate means and methods for accomplishing the Detailed Scope of Work. Gordian will also obtain and review any Sourcewell or Installation required information submitted by the EZIQC Contractor such as a construction schedule and list of proposed subcontractors. Gordian's project manager will submit the Price Proposal and related documents to Sourcewell. Sourcewell will incorporate the Price Proposal for review and approval by Installation.

7. Task Order Issuance: Upon receipt by Sourcewell of the review and approval by Installation of the Price Proposal including confirmation sufficient funding has been obligated by Installation, Sourcewell will work with Gordian to create and issue the Task Order to the selected EZIQC Contractor to initiate the completion of the project. Upon acceptance of the Task Order by EZIQC Contractor, Sourcewell will confirm with Installation and issue notice-to-proceed.

8. Construction Process and Project Management Services: During development of the Detailed Scope of Work, Sourcewell and Installation may request Project Management Services from Gordian to be included for specific projects. If Project Management Services are not requested by Installation, Installation will be responsible for all construction management activities. If Sourcewell and Installation request Project Management Services from Gordian and if accepted by Gordian, the description of services to be provided and proposed pricing will be submitted. If accepted, the applicable rate will be incorporated into the Price Proposal and Task Order.

9. Supplemental Job Orders: In the event unforeseen conditions arise or Installation and Sourcewell desire to change the Detailed Scope of Work, Gordian will assist Sourcewell with the development of a supplemental Job Order in the same manner as the original Job Order, including the approval process between Sourcewell and Installation as defined herein.

H. Accounting, Collections and Remittance of Administrative Fees: Gordian will be responsible for providing Sourcewell with a designated representative to coordinate all DocuSign Envelope ID: 4E406C2A-D540-4921-9657-A9A627CF60BF v.070123 4
associated invoicing and collection efforts relating to the EZIQC program. Gordian's designated accounting representative will be a member of the accounting department with primary responsibility for overseeing the invoicing and collection of payments from the EZIQC Contractors. In addition, Gordian will:

1. Invoice and collect all applicable fees, including Project Management Fees if selected by Sourcewell and Installation on a per project basis, from the EZIQC Contractors in accordance with the terms of Article 5 and will remit, via electronic payment, the Sourcewell Administrative Fee (as defined in Article 5) on a monthly basis for all Sourcewell Administrative Fees collected during the preceding month.
i. The parties agree that as a condition precedent to Gordian's obligation to remit the Sourcewell Administrative Fee, Gordian must first receive payment in full for the Gordian Administrative Fee (as defined in Article VIII). In the event Gordian does not receive payment of the Gordian Administrative Fee in full, for any reason, Gordian will not be liable to Sourcewell for payment of the Sourcewell Administrative Fee.

3. Gordian must consult Sourcewell before initiating any litigation seeking any unpaid balances owed by any EZIQC Contractor resulting from an ISP project.

ARTICLE 3: SOURCEWELL DUTIES AND RESPONSIBILITIES
Sourcewell will perform the following duties and responsibilities to complete the Services:

A. EZIQC Contract Procurement:

3. Contractual Terms and Conditions and Bid Forms: Sourcewell will prepare contractual terms and conditions, and bid forms, that incorporate best practices for the execution of indefinite delivery/indefinite quantity construction contracts in accordance with the applicable procurement statutes in the jurisdiction where such EZIQC Contracts are being procured. Sourcewell and Gordian will mutually agree on the final form of the terms and conditions of the EZIQC Contracts as related exclusively to the ordering, processing, and execution of the projects procured by Sourcewell for the ISP including Price Proposals, Task Orders, DocuSign Envelope ID: 4E406C2A-D540-4921-9657-A9A627CF60BF v.070123 5
payment terms and minimum qualifications required for an EZIQC Contract award. Sourcewell will have final approval over all other content of the EZIQC Contracts except as set forth above.

B. Marketing Support:

1. Installation Recruitment and Onboarding: Gordian and Sourcewell will coordinate all activities related to recruiting additional Installations into the ISP. These coordination activities must include but is not limited to; identifying and prioritizing potential Installations; review and analysis of procurement rules within states for non-IGSA Support IDIQ contract viability; development and maintenance of priority list base on Installation needs and Sourcewell capacity; and development of consistent materials for educating Installations on the ISP and onboarding procedures.

ARTICLE 5: CONSIDERATION AND PAYMENT
Sections C (State of Georgia) and D (E&I Cooperative Services) do not apply on any ISP project.

ADDENDUM APPROVAL
IN WITNESS WHEREOF, the parties have executed this Agreement.

Sourcewell The Gordian Group, Inc.

By: By:

Name: Name:

Title: Title:

Date: Date:

Sourcewell–APPROVED:

By:

Name:

Title:

Date:

DocuSign Envelope ID: 4E406C2A-D540-4921-9657-A9A627CF60BF Chief Customer Officer
08/17/2023 | 8:25 AM EDT
Matt Bausher
Chief Operating and Procurement Officer
Jeremy Schwartz
08/30/2023 | 10:13 AM EDT
Chad Coauette
CEO
08/30/2023 | 10:23 AM EDT
May 7, 2024
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: 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 $25,000.00 FROM THE

INSURANCE RECOVERY FUND AND ISSUE A PURCHASE ORDER TO

HD SUPPLY FACILITIES MAINTENANCE DBA THE HOME DEPOT PRO ($25,000.00)

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 HD Supply Facilities Maintenance DBA The Home Depot Pro in the amount of Twenty-Five Thousand Dollars and Zero Cents ($25,000.00) for the purchase of maintenance tools and equipment.

BACKGROUND
The City of Compton owns certain real property at 438 West Alondra Boulevard, Compton, CA 90221, known as General Services Yard. On Saturday, April 27, 2024, our maintenance facility was burglarized, resulting in the theft of a significant portion of our essential tools and equipment. The stolen items include hand tools, drill sets, and tool boxes, which are crucial for routine maintenance tasks at our facilities. Without these tools, our ability to uphold the safety and functionality of our facilities is severely compromised. In addition to the stolen equipment, the offenders damaged the motor gate and roll-up door.

City staff filed an incident report with the Risk Management Division on Monday, April 29, 2024. The outcome of an insurance claim is pending; however, the staff requests a budget amendment to access funds from a previous insurance claim filed and a restitution award of $655,254.52, received on January 16, 2024.

STATEMENT OF THE ISSUE
The recent burglary at our maintenance facility has resulted in the loss of vital tools and equipment essential for the upkeep of city-owned facilities. This unfortunate incident has severely impeded our ability to carry out routine maintenance tasks effectively.

8. Staff Report – Purchase Order $25,000.00
HD Supply Facilities Maintenance DBA The Home Depot Pro May 7, 2024 Page 2 of 3
The stolen items are indispensable for the General Services Department operations.

Without these tools, our maintenance staff cannot respond to potential safety hazards.

Given the critical role these tools play in our daily operations, it is imperative that they are replaced promptly. Failure to do so would not only prolong the burglary's impact but also exacerbate the deterioration of our facilities over time.

Staff obtained a quote from HD Supply Facilities Maintenance DBA The Home Depot Pro, which is offering pricing through Omnia Partner. Omnia Partner is a leading cooperative purchasing organization that leverages the collective buying power of its members to secure competitive pricing and streamline procurement processes. By pooling resources and negotiating contracts for a wide array of public and private sector entities, Omnia Partners enables organizations to access high-quality goods and services at reduced costs. Their cooperative purchasing model promotes efficiency, transparency, and cost savings.

Compton Municipal Code section 4-11-7(c) lists certain exemptions from the bidding process, including purchases of contract supplies, materials, equipment or services entered into with another governmental or quasi-governmental entity.

However, pursuant to Resolution No. 25,001, adopted by the City Council on April 23, 2019, the City Manager is authorized to expend up to $25,000.00 to any one single vendor in a fiscal year. The City has reached the threshold amount for this vendor for Fiscal Year 2023-2024; thus, the City Council’s approval is required for this item.

ALTERNATIVE
Postpone repairs and tool replacement until the insurance claim is filed and restitution is awarded. Staff does not recommend this, as a prompt response to this issue is essential to maintaining the safety, functionality, and aesthetics of our public spaces.

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 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 $25,000.00
1004-610-000-3920 Contributions From Other Funds $25,000.00 Staff Report – Purchase Order $25,000.00
HD Supply Facilities Maintenance DBA The Home Depot Pro May 7, 2024 Page 3 of 3
Increase in Expenditure Appropriation:

Account No. Description Amount
1004-600-000-4236 Maintenance and Repair $25,000.00
1001-610-000-4290 Contributions To Other Funds $25,000.00 Funds in the amount not to exceed Twenty-Five Thousand Dollars and Zero Cents ($25,000.00) for this expenditure will be available in the FY 2023-2024 Budget in Account No. 1004-610-000-4236 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 $25,000.00 FROM THE

INSURANCE RECOVERY FUND AND ISSUE A PURCHASE ORDER TO

HD SUPPLY FACILITIES MAINTENANCE DBA THE HOME DEPOT PRO ($25,000.00)
WHEREAS, the City of Compton owns certain real property located at 438 West Alondra Boulevard, Compton, CA 90221, known as General Services Yard, and is responsible for maintaining the City’s administrative buildings, parks, fire stations, service yards, and leased properties; and
WHEREAS, on Saturday, April 27, 2024, our maintenance facility was burglarized, resulting in the theft of a significant portion of our essential tools and equipment; and WHEREAS, stolen items include hand tools, drill sets, and toolboxes, which are crucial for routine maintenance tasks at our facilities; and WHEREAS, City staff filed an incident report with the Risk Management Division on Monday, April 29, 2024; and
WHEREAS, the outcome of an insurance claim is pending; however, the staff requests a budget amendment to access funds from a previous insurance claim filed and a restitution award of $655,254.52, received on January 16, 2024; 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, staff obtained a quote from HD Supply Facilities Maintenance DBA The Home Depot Pro, which is offering pricing through Omnia Partner, and WHEREAS, Omnia Partner is a leading cooperative purchasing organization that leverages the collective buying power of its members to secure competitive pricing and streamline procurement processes; by pooling resources and negotiating contracts for a wide array of public and private sector entities, Omnia Partners enables organizations to access high-quality goods and services at reduced costs; and WHEREAS, Compton Municipal Code section 4-11-7(c) lists certain exemptions from the bidding process, including purchases of contract supplies, materials, equipment or services entered into with another governmental or quasi-governmental entity; and WHEREAS, pursuant to Resolution No. 25,001, adopted by the City Council on April 23, 2019, the City Manager is authorized to expend up to $25,000.00 to any one single vendor in a fiscal year; the City has reached the threshold amount for this vendor for Fiscal Year 2023-2024; thus, the City Council’s approval is required for this item; 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 Maintenance and Repair Account No. 1004-600-000-4236; and
WHEREAS, upon approval of this resolution, expenditures will be allocated in Account No. 1004-600-0000-4236 in the amount not to exceed Twenty-Five Thousand Dollars and Zero Cents ($25,000.00); and
Resolution No. __________

Page 2 ends

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 FY23-24 Budget to be amended as follows:

Increase in Revenue Appropriation:

Account No. Description Amount
1001-000-000-3751 Insurance Recovery $25,000.00
1004-610-000-3920 Contributions From Other Funds $25,000.00 Increase in Expenditure Appropriation:

Account No. Description Amount
1004-600-000-4236 Maintenance and Repair $25,000.00
1001-610-000-4290 Contributions To Other Funds $25,000.00 Section 2. That the City Manager is hereby authorized to establish a purchase to HD Supply Facilities Maintenance DBA The Home Depot Pro in the amount not to exceed Twenty-Five Thousand Dollars and Zero Cents ($25,000.00).

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

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

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

CITY CLERK OF THE CITY OF COMPTON

Page 1 of 2 ends

MAINTENANCE, REPAIR, OPERATING, INDUSTRIAL SUPPLIES AND RELATED PRODUCTS Executive Summary
Lead Agency: Maricopa County, AZ Solicitation: 16154-RFP RFP Issued: August 4, 2016 Pre-Proposal Date: September 1, 2016 Response Due Date: September 22, 2016 Proposals Received: #5 Awarded to: Home Depot U.S. A., Inc. Contract #16154-RFP Maricopa County Office of Procurement Services issued RFP #16154-RFP on August 4, 2016, to establish a national cooperative contract for Maintenance, Repair, Operating, Industrial Supplies and Related Products.

The solicitation included cooperative purchasing in Section 1.0 Introduction, Background and Intent – 1.1 Master Agreement:

Maricopa County, AZ (herein “Lead Public Agency” on behalf of itself and all states, local governments, school districts, and higher education institutions in the United States of America, and other government agencies and nonprofit organizations (herein “Participating Public Agencies”) is soliciting proposals from qualified suppliers to enter into a Master Agreement for a complete line of Maintenance, Repair and Operating (MRO) Supplies and Industrial Supplies in a Retail and Wholesale environment; and Related Products and Services (herein “Products and Services”).

And Section 1.0 Introduction, Background and Intent – 1.4 U.S. Communities:

U.S. Communities Government Purchasing Alliance (herein “U.S. Communities”) assists Participating Public Agencies to reduce the cost of purchased goods through strategic sourcing that combines the volumes and the purchasing power of public agencies nationwide. This is accomplished through an award of competitively solicited contracts for high quality products and services by large and well recognized public agencies (herein “Lead Public Agencies”). The contracts provide for use by not only the respective Lead Public Agency, but also by other Participating Public Agencies.

Notice of the solicitation was sent to potential offerors, as well as advertised in the following:
• The Honolulu Star, HI
• Daily Journal of Commerce, OR
• ONVIA
• Merx.com
• U.S. Communities - Website

Page 2 of 2 ends

On September 22, 2016 proposals were received from the following offerors:
• Applied Industrial Technologies
• HD Supply Facilities Maintenance, Ltd.
• Interline Brands dba as Supply Works
• Camfil USA Inc
• Home Depot USA Inc.

One (1) proposal was deemed non-responsive and four (4) proposals were deemed responsive: Applied Industrial Technologies, HD Supply Facilities Maintenance Ltd, Interline Brands DBA as Supply Works, and Home Depot USA Inc.

Upon evaluation, the committee elected to award the four responsive proposals: Applied Industrial Technologies, HD Supply Facilities Maintenance Ltd, Interline Brands DBA as Supply Works, and Home Depot USA Inc. for maintenance, repair, operating supplies, industrial supplies and related products and services.

Contract includes:

Home Depot offers a robust selection of products in all MRO, hardware, and building products categories and associated services. Solution benefits include:
• Immediate same-day access to over 30,000 products at each store location • Integration with most commonly used eProcurement platforms • Bulk offerings through the Pro Desk at the local store • Rebate incentive to Participating Public Agencies based upon spend volume Term:

Contract period from February 1, 2017 through December 31, 2021 with the option to renew to a maximum of five (5) additional years, through December 31, 2026.

Pricing/Discount:

The Home Depot Pro Sales Desk is the preferred location for the Participating Public Agency customers to process transactions, due to the highly experienced staff available for government procurements. Home Depot also offers Volume Pricing Program, for large individual planned purchases, Home Depot has the ability to provide more aggressive savings to purchasers through Volume Pricing Discounts.

OMNIA Partners, Public Sector Landing Pages: https://www.omniapartners.com/publicsector/contracts/suppliercontracts/home-depot

May 7, 2024
TO: HONORABLE MAYOR AND CITY 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 AMEND THE FISCAL YEAR
2023-2024 BUDGET APPROPRIATING ADDITIONAL FUNDS FROM

FUND BLANCE AND ESTABLISHING SUPPLEMENTAL PURCHASE

ORDERS TO ONE OR MORE VENDORS (JANKOVICH, SC FUELS AND
WOOD OIL) FOR THE PURCHASE OF GASOLINE FOR THE CITY’S

FLEET IN AN AMOUNT NOT TO EXCEED ONE HUNDRED FIFTY
THOUSAND DOLLARS ($150,000)

SUMMARY
The adoption of this resolution will authorize the City Manager to amend the Fiscal Year 2023-2024 Budget appropriating additional funds from fund balance and establishing supplemental purchase orders to one or more vendors (Jankovich, SC Fuels and Wood Oil) for the purchase of gasoline for the City’s fleet in an amount not to exceed One Hundred Fifty Thousand Dollars ($150,000).

BACKGROUND
The Fleet Operations Division is responsible for the management and leadership of the mechanics shop and other field personnel. The Fleet Maintenance Division works with departments to meet vehicle and equipment readiness requirements and performs maintenance/repairs of vehicles and equipment used by City personnel.

The Fleet Operations - Fuel Division is responsible for the acquisition of unleaded and diesel fuel for citywide use. The Fuel Division manages delivery of fuel to city sites and conducts daily fuel site inspections to meet local, state and federal reporting requirements and repairs, monitors and maintains fuel sites.

The price and availability of fuel has been unpredictable during previous fiscal years and has caused the Public Works Department to request the ability to purchase from multiple fuel vendors during the fiscal year. The Public Works Department is requesting the authority to obtain the lowest fuel prices per gallon from three (3) fuel providers:

Jankovich, SC Fuels and Wood Oil who all provide fuel service to commercial and local government fueling stations.

9. Staff Report – Resolution Authorizing P.O.

Various vendors for purchasing fuel
May 7, 2024, Page 2

STATEMENT OF THE ISSUE
The Public Works Street Maintenance Department (Department) is responsible for providing regular and diesel fuel for the City’s fleet of vehicles and equipment. Resolution No. 25,867, adopted by City Council on July 18, 2023, authorized an allocation of $300,000 for the purchase of gasoline for FY 2023-2024. However, the total funds expended on purchasing gasoline exceeds this allocation. Staff is therefore requesting supplemental purchase orders to purchase fuel for the remainder of the fiscal year.

The funding will be allocated to one or more of the following vendors:
 Jankovich
 SC Fuels
 Wood Oil
The supplemental purchase orders will be established in an amount not to exceed One Hundred Fifty Thousand Dollars ($150,000).

FISCAL IMPACT
Funding is available in the Measure P Fund Balance and shall be appropriated as follows:

Increase in expenditure appropriations to the Public Works Street Maintenance Department FY 2023-2024 Budget
Account Code Account Name Amount
1004-720-000-4228 Measure P Fund, $150,000
Fuel Expense

ALTERNATIVE
No other alternative is being proposed.

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

DAMION TIMMONS

STREET SUPERINTENDENT
APPROVED FOR FORWARDING:

Staff Report – Resolution Authorizing P.O.

Various vendors for purchasing fuel
May 7, 2024, Page 3
WILLIE A. HOPKINS, JR.

CITY MANAGER
RESOLUTION NO. ___________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON

AUTHORIZING THE CITY MANAGER TO AMEND THE FISCAL YEAR
2023-2024 BUDGET APPROPRIATING ADDITIONAL FUNDS FROM

FUND BALANCE AND ESTABLISHING SUPPLEMENTAL PURCHASE

ORDERS TO ONE OR MORE VENDORS (JANKOVICH, SC FUELS

AND WOOD OIL) FOR THE PURCHASE OF GASOLINE FOR THE
CITY’S FLEET IN AN AMOUNT NOT TO EXCEED ONE HUNDRED
FIFTY THOUSAND DOLLARS ($150,000)
WHEREAS, this resolution will authorize the City Manager to amend the Fiscal Year 2023-2024 Budget and to establish supplemental purchase orders to one or more vendors (Jankovich, SC Fuels and Wood Oil) for the purchase of regular and diesel fuel for the City’s fleet in an amount not to exceed One Hundred Fifty Thousand Dollars ($150,000); and
WHEREAS, the Public Works Street Maintenance Department (Department) – Fleet Operations Division is responsible for the acquisition of fuel for citywide use; and WHEREAS, the Division manages delivery of fuel to city sites and conducts daily fuel site inspections to meet local, state and federal reporting requirements and repairs, monitors and maintains fuel sites; and
WHEREAS, the price and availability of fuel has been unpredictable during the previous fiscal years which has caused the Department to request the ability to purchase from multiple fuel vendors; and
WHEREAS, the Department is requesting the authority to obtain the lowest fuel prices from three (3) fuel providers; Jankovich, SC Fuels and Wood Oil; and WHEREAS, Funding is available in the Measure P Fund Balance and shall be appropriated as follows:

Increase in expenditure appropriations to the Public Works Street Maintenance Department FY 2023-2024 Budget
Account Code Account Name Amount
1004-720-000-4228 Measure P Fund, $150,000
Fuel Expense

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 supplemental purchase orders to one or more fuel vendors (Jankovich, SC Fuels and Wood Oil) to purchase regular and diesel fuel for the City’s fleet in an amount not to exceed One Hundred Fifty Thousand Dollars ($150,000).

SECTION 2. That funding will be allocated from the Measure P Fund Balance as follows:

Increase in expenditure appropriations to the Public Works Street Maintenance Department FY 2023-2024 Budget
Account Code Account Name Amount
1004-720-000-4228 Measure P Fund, $150,000
Fuel Expense
Resolution No. __________

Page 2 ends

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

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

May 7, 2024
TO: HONORABLE MAYOR AND CITY 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 HAAKER EQUIPMENT COMPANY FOR PAYMENT OF
OUTSTANDING INVOICES FOR SEWER TRUCK REPAIRS ($6,418.96)

SUMMARY
The adoption of this resolution will authorize the issuance of a purchase order with Haaker Equipment Company for payment of outstanding invoices in the amount of Six Thousand Four Hundred Eighteen Dollars and Ninety-Six Cents ($6,418.96) for sewer truck repairs.

BACKGROUND
The City of Compton’s sewer collection and delivery system is comprised of approximately 147 miles of piping, ranging in size from 4 to 24 inches. The piping is connected via 2,899, 4ft-diameter manholes. The City’s sewer flows by gravity. As part of the City’s Sewer System Management Plan, the Public Works Street Maintenance Department (Department) has developed an ongoing condition assessment program as well as routine preventive operation and maintenance activities for scheduling regular maintenance and cleaning of the sanitary sewer system.

An essential component of maintaining the sanitary sewer system is the use of industrial sewer vacuum trucks. The vacuum trucks use a combination of high-pressure jet spray and suction to create an unobstructed path in sewer lines. The high-powered spray and specialized equipment are valuable in unblocking pipes, which helps keep the City’s pipes flowing without interruption, making planned maintenance more manageable and sanitary.

STATEMENT OF THE ISSUE
The Public Works Street Maintenance Department (Department) is responsible for maintaining the City’s sewer infrastructure. The City owns and operates Vactor 2110 Sewer Cleaning Trucks to maintain and clean the sanitary sewer system, one of which needed repairs.

Haaker Equipment Company assessed the damages of the sewer cleaning truck, replaced parts and satisfactorily repaired the vehicle. It is necessary to pay Haaker Equipment Company for the services rendered in the amount of Six Thousand Four Hundred Eighteen Dollars and Ninety-Six Cents ($6,418.96).

10. Staff Report – Resolution Authorizing P.O.

Haaker Equipment Company – Equipment repairs
May 7, 2024, Page 2
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 Haaker Equipment Company, Inc. for Fiscal Year 2023-2024. Therefore, City Council’s approval is required for this item.

FISCAL IMPACT
Funds in the amount of Six Thousand Four Hundred Eighteen Dollars and Ninety-Six Cents ($6,418.96) are available in the Public Works Street Maintenance Department’s Fiscal Year 2023-2024 Budget in Account No. 6000-720-000-4229 to pay for these services.

ALTERNATIVE
No other alternative is being proposed.

RECOMMENDATION
Staff recommends that the City Council approves 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 HAAKER EQUIPMENT COMPANY FOR PAYMENT OF
OUTSTANDING INVOICES FOR SEWER TRUCK REPAIRS ($6,418.96) WHEREAS, the Public Works Street Maintenance Department (Department) is responsible for maintaining the City’s sewer infrastructure; and WHEREAS, an essential component of maintaining the sanitary sewer system is the use of industrial sewer vacuum trucks; and
WHEREAS, the City owns and operates Vactor 2110 Sewer Cleaning Trucks to maintain and clean the sanitary sewer system, one of these trucks needed repairs; and WHEREAS, Haaker Equipment Company assessed the damages, replaced parts and satisfactorily repaired the vehicle. It is necessary to pay the company for the services rendered in the amount of Six Thousand Four Hundred Eighteen Dollars and Ninety-Six Cents ($6,418.96); 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 to any one single vendor in a fiscal year; the City has reached the threshold for Haaker Equipment Company, Inc. for Fiscal Year 2023-2024 and approval from the City Council is required; and
WHEREAS, funds in the amount of Six Thousand Four Hundred Eighteen Dollars and Ninety-Six Cents ($6,418.96) are available in the Public Works Street Maintenance Department’s 2023-2024 Fiscal Year Budget in Account No. 6000-720- 000-4229.

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 Haaker Equipment Company to pay outstanding invoices in the amount of Six Thousand Four Hundred Eighteen Dollars and Ninety-Six Cents ($6,418.96) for sewer truck repairs from Account No. 6000-720-000-4229.

SECTION 2. That funds in the amount of Six Thousand Four Hundred Eighteen Dollars and Ninety-Six Cents ($6,418.96) are available in the Public Works Street Maintenance Department’s 2023-2024 Fiscal Year Budget in Account No. 6000-720- 000-4229.

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
Resolution No. __________

Page 2 ends

ATTEST:
_____________________________________

CITY CLERK OF THE CITY OF COMPTON

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss

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

May 7, 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 FISCAL YEAR 2023-
2024 BUDGET AND AUTHORIZING THE CITY MANAGER TO

ESTABLISH A PURCHASE ORDER WITH EL GRAN TORINO

CORPORATION FOR THE CITYWIDE RESTORATION OF STREET

SWEEPING SIGNS IN AN AMOUNT NOT TO EXCEED FORTY-SIX
THOUSAND DOLLARS ($46,000)

SUMMARY
The adoption of this resolution will approve a budget amendment to the Fiscal Year 2023- 2024 Budget and authorize the City Manager to establish a purchase order with El Gran Torino Corporation for the citywide restoration of street sweeping signs in an amount not to exceed Forty-Six Thousand Dollars ($46,000).

BACKGROUND
The Public Works Street Maintenance Department (Department) operates a street sweeping program for the City of Compton and sweeps approximately 346 curb miles of curbed streets each year. These curb miles consist of, but are not limited to: residential, arterial, collector, alleys, street crossings, gutters, median curbs and City owned parking lots.

Street sweeping is helpful in reducing pollution in the local waterways, removing potentially harmful debris and reduces street flooding from clogged storm water systems.

Moreover, street sweeping is an effective method to maintaining a healthy, safe and clean environment for the community.

All residential streets within the City of Compton are swept once a week, while commercial streets are swept five days a week and alleys bi-monthly. To effectively sweep the City streets, street sweepers need to pass along the curb line where litter and debris accumulates. In order to have a clear path for street sweepers, parking restrictions are necessary.

No Parking signs are posted to communicate the street sweeping schedule to residents and businesses. These signs are often posted at the entrances to neighborhoods and strategically placed on City streets. The street sweeping signage requires periodic replacement due to weather conditions, damage and vandalism.

11. Staff Report – Resolution Authorizing Agreement and P.O.

El Gran Torino Corporation – Citywide Street Sweeping Signs May 7, 2024, page 2

STATEMENT OF THE ISSUE
Street sweeping signage will be upgraded on designated streets throughout the City. The existing signage will be restored through applying an engineer-grade reflective exterior film with a quality direct ink coating and UV clear protection film. This unique product is manufactured with an exclusive 8 mil, 3m material designed with reflective UV-rated materials to withstand the elements for up to five (5) years.

Staff has obtained three (3) quotes for the replacement of fifteen hundred (1500) street sweeping signs from the following vendors:

Vendor Price
Statewide Safety Systems $ 165,000
ATBS $ 145,000
El Gran Torino Corporation $ 46,000
In accordance with the Compton Municipal Code, Section 4-11.5, staff has determined that El Gran Torino Corporation is the lowest, most responsive and responsible vendor.

El Gran Torino Corporation is the sole source manufacturer of this unique reflective exterior coating, no other company makes a similar or competing product. Utilizing this product is a cost-friendly choice that will save the City the additional costs of installing and replacing signage.

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

Decrease Expenditure Account Description Amount
1004-720-000-4266 Contract Services $ 46,000
Increase Expenditure Account Description Amount
1004-720-000-4236 Maintenance & Repair $ 46,000
.

Funds in the amount of Forty-Six Thousand Dollars ($46,000) will be available in the Department’s Fiscal Year 2023-2024 Budget in Account No. 1004-720-000-4236.

ALTERNATIVE
Staff does not recommend any alternatives.

Staff Report – Resolution Authorizing Agreement and P.O.

El Gran Torino Corporation – Citywide Street Sweeping Signs May 7, 2024, page 3

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 APPROVING A BUDGET AMENDMENT TO THE FISCAL YEAR 2023-2024

BUDGET AND AUTHORIZING THE CITY MANAGER TO ESTABLISH A

PURCHASE ORDER WITH EL GRAN TORINO CORPORATION FOR THE

CITYWIDE RESTORATION OF STREET SWEEPING SIGNS IN AN AMOUNT NOT TO EXCEED FORTY-SIX THOUSAND DOLLARS ($46,000)
WHEREAS, the Public Works Street Maintenance Department (Department) is responsible for posting street sweeping signage; and
WHEREAS, no parking signs are posted citywide to communicate the street sweeping schedule to residents and businesses; and
WHEREAS, the signage requires periodic replacement due to weather conditions, damage and vandalism; and
WHEREAS, the street sweeping signs will be restored through applying an engineer-grade reflective exterior film with a quality direct ink coating and UV clear protection film that will withstand the elements for up to five (5) years; and WHEREAS, staff has obtained three (3) quotes for street sweeping signage from the following vendors:

Vendor Price
Statewide Safety Systems $ 165,000
ATBS $ 145,000
El Gran Torino Corporation $ 46,000
WHEREAS, staff has determined that El Gran Torino Corporation is the lowest, most responsive and responsible bidder; and
WHEREAS, El Gran Torino Corporation is a sole source sign manufacturer of this reflective exterior coating, no other company makes a similar or competing product.

Utilizing this unique product is a cost-friendly choice that will save the City the additional costs of installing and replacing signage; and
WHEREAS, The Department’s Fiscal Year 2023-2024 Budget will be amended as follows:

Decrease Expenditure Account Description Amount
1004-720-000-4266 Contract Services $ 46,000
Increase Expenditure Account Description Amount
1004-720-000-4236 Maintenance & Repair $ 46,000
WHEREAS, funds in the amount of Forty-Six Thousand dollars ($46,000) will be available in the Department’s Fiscal Year 2023-202 Budget in Account No. 1004-720- 000-4236.

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

Section 1. That a budget amendment to the Public Works Street Maintenance Department’s Fiscal Year 2023-2024 Budget is approved as follows:

Decrease Expenditure Account Description Amount
1004-720-000-4266 Contract Services $ 46,000
Resolution No. __________

Page 2 ends

Increase Expenditure Account Description Amount
1004-720-000-4236 Maintenance & Repair $ 46,000
Section 2. That the City Manager is hereby authorized to establish a purchase order with El Gran Torino Corporation for the purchase of reflective street sweeping signs in an amount not to exceed Forty-Six Thousand Dollars ($46,000).

Section 3. That funds for this expenditure will be available in the Public Works Street Maintenance Department’s Fiscal Year 2023-2024 Budget in Account No. 1004- 720-000-4236.

Section 4. 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 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

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

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

CITY CLERK OF THE CITY OF COMPTON

May 07, 2024
TO: MAYOR AND CITY COUNCIL
FROM: CITY CLERK
SUBJECT: A REQUEST TO SCHEDULE THE 2024 FIREWORKS PUBLIC

HEARING
It is hereby requested that the 2024 Fireworks Hearing be scheduled for May 28, 2024 at 5:35 P.M. for the City Council to consider the granting or denial of a permit to sell fireworks from June 30, 2024 to July 4, 2024.

VERNELL MCDANIEL

CITY CLERK
APPROVED FOR FORWARDING:

WILLIE A. HOPKINS

CITY MANAGER

12. May 7, 2024
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: CITY MANAGER
RE: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON DECLARING MAY, 2024 PACIFIC ISLANDER HERITAGE MONTH IN

THE CITY OF COMPTON

SUMMARY
This resolution is presented to the City Council for consideration and approval to proclaim the month of May, 2024 as “Pacific Islander Heritage Month” in the City of Compton.

BACKGROUND
The United States Congress passed a joint Congressional Resolution in 1978, to commemorate Asian and Pacific Islander American Heritage Week during the first week of May.

In May,1990 Congress voted to expand it from a week to a month-long celebration and the month of May was designated as “Asian American and Pacific Islander Heritage Month”.

Finally, in 2021, President Joe Biden officially proclaimed the month of May as Asian American, Native Hawaiian/Pacific Islander (AANHPI) Heritage Month.

STATEMENMT OF ISSUE
The Asian American, Native Hawaiian/Pacific Islander community is an inherently diverse population, composed of more than forty-five distinct ethnicities and more than one hundred language dialects.

Asian American Native Hawaiian/Pacific Islander Americans have contributed significantly to many facets of American culture and society, including but not limited to, science, medicine, literature, art, sports, government, serving honorable in the Armed Forces, and advocating for civil rights.

During Asian American and Native Hawaiian/Pacific Islander Heritage Month, our nation recognizes the innumerable contributions, vibrant cultures, rich heritage and the history and achievements of Asian Americans, Native Hawaiians, and Pacific Islanders (AANHPIs) across the nation.

13. Staff Report - Pacific Islander Heritage Month
May 7, 2024

Page 2 ends

The American story as we know it would be impossible without the strength, contributions, and legacies of AANHPIs who have helped build and unite this country in each successive generation. AANHPI communities are deeply rooted in the fabric of our American story.

ALTERNATIVE
The City Council can choose not to declare May, 2024 as Pacific Islander Heritage Month.

FISCAL IMPACT
There is no fiscal impact in the adoption of this resolution.

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

WILLIE A. HOPKINS JR.

CITY MANAGER
RESOLUTION NO. ___________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON DECLARING MAY, 2024 PACIFIC ISLANDER HERITAGE MONTH IN

THE CITY OF COMPTON
WHEREAS, the United States Congress passed a joint Congressional Resolution in 1978, to commemorate Asian and Pacific Islander American Heritage Week during the first week of May; and
WHEREAS, in May,1990 Congress voted to expand it from a week to a monthlong celebration and the month of May was designated as “Asian American and Pacific Islander Heritage Month”; and
WHEREAS, finally in 2021, President Joe Biden officially proclaimed the month of May as Asian American, Native Hawaiian/Pacific Islander (AANHPI) Heritage Month; and WHEREAS, the Asian American, Native Hawaiian/Pacific Islander community is an inherently diverse population, composed of more than forty-five distinct ethnicities and more than one hundred language dialects; and
WHEREAS, Asian American Native Hawaiian/Pacific Islander Americans have contributed significantly to many facets of American culture and society, including but not limited to, science, medicine, literature, art, sports, government, serving honorable in the Armed Forces, and advocating for civil rights; and
WHEREAS, during Asian American and Native Hawaiian/Pacific Islander Heritage Month, our nation recognizes the innumerable contributions, vibrant cultures, rich heritage and the history and achievements of Asian Americans, Native Hawaiians, and Pacific Islanders (AANHPIs) across the nation; and
WHEREAS, the American story as we know it would be impossible without the strength, contributions, and legacies of AANHPIs who have helped build and unite this country in each successive generation. AANHPI communities are deeply rooted in the fabric of our American story; and
WHEREAS, Mayor Emma Sharif has requested to honor the many contributions of Pacific Islanders’ in the City of Compton for their contributions to our history, culture and our community by proclaiming the month of May, 2024 as “Pacific Islander Heritage Month” in the City of Compton.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COMPTON RESOLVES AS FOLLOWS:

SECTION 1. That the City of Compton does hereby proclaim May, 2024 as “Pacific Islander Heritage Month” in the City of Compton and supports the important work and service of Pacific Islanders.

SECTION 2. That that the Mayor and City Council will encourage all residents in the City of Compton to recognize and celebrate Pacific Islander Heritage Month through culturally relevant activities, programming, and service.

SECTION 3. That a certified copy of this resolution shall be filed in the offices of the City Manager and City Clerk, City Controller and City Attorney.

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

ADOPTED this _________ day of ___________, 2024.

Resolution No. __________

Page 2 ends

________________________________

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 MEMBERSABSTAINS: COUNCIL MEMBERS- ___________________________________

CITY CLERK OF THE CITY OF COMPTON
May 7, 2024
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: NEBRASKA JONES, DIRECTOR

GENERAL SERVICES DEPARTMENT
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AUTHORIZING THE CITY MANAGER TO ENTER INTO A TWELVE (12)

MONTH AGREEMENT WITH THE COALITION FOR HUMANE

IMMIGRANT RIGHTS (CHIRLA) FOR THE LEASE OF CITY-OWNED
PROPERTY LOCATED AT 700 NORTH BULLIS ROAD

SUMMARY
City Council will consider a request from the Coalition for Humane Immigrant Rights (“CHIRLA”) to enter into a twelve (12) month (i.e. June 1, 2024, through May 31, 2025) lease agreement, for the use of approximately 1,080 square feet of dedicated indoor space at 700 North Bullis Road, Compton, CA 90221 commonly known as the “CareerLink” facility.

BACKGROUND
The City of Compton owns certain real property located at 700 North Bullis Road, commonly known as the “CareerLink” facility. This property is used as a “shared occupancy” facility, offering indoor space for leasing to outside agencies, organizations, and individuals.

Pursuant to guidance of the City Council, in November 2012, the City Manager implemented a City-wide leasing policy which mandates that City-owned facilities and/or property shall not be leased without first obtaining proper authorization from the City Council (i.e. an adopted resolution) and execution of a written lease agreement [City of Compton Standard Operating Manual, Policy 4.17(A)(1)]. In addition to other matters, the Policy specifies that lease rates shall be based on the square footage of the area(s) subject to the exclusive use/occupation of the Lessee and that the standard leasing rate for indoor floor space in a City-owned facility shall be at least One Dollar ($1.00) per square foot.

In addition to the base minimum rental rate of $1.00 per square foot for indoor space, proposed lease agreements are to address the costs incurred by the City for utilities, maintenance and repairs, etc. At the CareerLink location, the City Controller has identified the cost of electricity to be Two Dollars and Two Cents ($2.02) per square foot.

14. Staff Report – Resolution Authorizing Lease
700 N. Bullis Road - Classroom 1A (1,080 sq. ft.)
Coalition for Humane Immigrant Rights
May 7, 2024, Page 2
Thus, the cost to the City will be recovered in a recommended minimal monthly rental rate based on a square footage charge of $3.02 (i.e. $1.00 per square foot base rental rate plus $2.02 per square foot for utilities, maintenance, custodial, and security).

STATEMENT OF THE ISSUE
The Coalition for Humane Immigrant Rights was founded in 1986. In addition to offering a variety of low-cost, high-quality legal services CHIRLA plans to bring programs and services that will benefit the community at large. Programs such as their Community Education and Outreach will provide free information, group seminars, presentations, and workshops on Coalition Building, Policy, Civic Engagement, Worker’s Rights, Community/Police Relations, and other social services that affect the community.

This proposed lease agreement will provide CHIRLA with exclusive use of the following indoor space at the CareerLink facility:

Indoor square footage
Classroom 1A 1,080 square feet
Total Exclusive Indoor Square Footage 1,080 square feet In 2020, the Coalition for Humane Immigrant Rights sought to provide a location for its programs within the City’s limits and the City Council approved a 1-year agreement for Classroom 1A for 1,080 square feet of space. That lease agreement expired on January 31, 2021, and they are on a month-to-month occupancy.

On August 8, 2023, staff received a request from CHIRLA to renew their lease agreement.

If approved, the City Council will authorize the City Manager to enter into a twelve (12) month lease agreement with the City of Compton, beginning June 1, 2024, through May 31, 2025, for exclusive occupation of the above-indicated indoor spaces of the CareerLink site.

FISCAL IMPACT
The estimated total fiscal impact of this proposed lease will amount to the collection of Three Thousand Two Hundred Sixty-One Dollars and Sixty Cents ($3,261.60) per month with a grand total of Thirty-Nine Thousand One Hundred Thirty-Nine Dollars and Twenty Cents ($39,139.20) for the twelve (12) month agreement.

Staff Report – Resolution Authorizing Lease
700 N. Bullis Road - Classroom 1A (1,080 sq. ft.)
Coalition for Humane Immigrant Rights
May 7, 2024, Page 3

ALTERNATIVE
The City Council has the discretion to choose among a number of options.

1. Authorize the City Manager to enter into a lease agreement with the Coalition for Humane Immigrant Rights:
a. For the minimally recommended City policy rates (i.e. $1.00 per square foot for base rental rate plus $2.02 per square foot for utilities) of $3,261.60 per month for the indoor space.
b. For some other monthly rental rate.

2. Deny the request to enter into a lease agreement for this space by the Coalition for Humane Immigrant Rights.

RECOMMENDATION
Staff recommends adherence to the current Standard Operating Manual, Policy 4.17(A) at this time. However, the decision to increase lease rental amounts and/or waive other requirements of the City’s Leasing Policy is at the discretion of the City Council.

NEBRASKA JONES, DIRECTOR

GENERAL SERVICES DEPARTMENT
APPROVED FOR FORWARDING:

WILLIE A. HOPKINS, JR.

CITY MANAGER
RESOLUTION NO. ___________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AUTHORIZING THE CITY MANAGER TO ENTER INTO A TWELVE (12)

MONTH LEASE AGREEMENT WITH THE COALITION FOR HUMANE

IMMIGRANT RIGHTS (CHIRLA) FOR THE LEASE OF CITY-OWNED
PROPERTY LOCATED AT 700 NORTH BULLIS ROAD
WHEREAS, the City of Compton owns certain real property located at 700 North Bullis Road; and
WHEREAS, pursuant to guidance of the City Council, in November 2012, the City Manager implemented a City-wide leasing policy [Standard Operating Manual, Policy

4.17(A)], which mandates that City-owned facilities and/or property shall not be leased without first obtaining proper authorization from the City Council (i.e. an adopted resolution) and execution of a written lease agreement; and WHEREAS, the Policy specifies that lease rates shall be based on the square footage of the area(s) subject to the exclusive use/occupation of the Lessee and that the standard leasing rate for indoor floor space in a City-owned facility shall be at least One Dollar ($1.00) per square foot; and
WHEREAS, in addition to the required minimum base rental rate, the leasing policy addresses the recovery of costs incurred by the City for “Shared Occupancy” lease agreements for the provision of the following services: utilities (e.g. gas, electricity, water, trash, etc.), routine maintenance, custodial services and City security; and WHEREAS, the Coalition for Humane Immigrant Rights, a non-profit organization, seeks City Council approval to enter into a twelve (12) month lease agreement option with the City, beginning June 1, 2024, through May 31, 2025, for the exclusive occupation of 1,080 square feet of indoor space located at 700 North Bullis Road, for the purpose of administrative offices and support services for their organization; and Total Exclusive Indoor Square Footage 1,080 square feet WHEREAS, the City Council has the discretion of authorizing a lease agreement with the Coalition for Humane Immigrant Rights and choose among a number of options:

1. Authorize the City Manager to enter into a lease agreement with the Coalition for Humane Immigrant Rights for the 12-month term requested (or offer a lesser term) as follows:
a. For the minimally recommended City policy rates (i.e. $1.00 per square foot for base rental rate plus $2.02 per square foot for utilities) of $3,261.60 per month for the indoor space.

Total cost - Three Thousand Two Hundred Sixty-One Dollars and Sixty Cents ($3,261.60) per month, or Thirty-Nine Thousand One Hundred ThirtyNine Dollars and Twenty Cents ($39,139.20) per year. b. For some other monthly rental rate.
______________ per month, or _____________ per year.

2. Reject the request to enter into a lease agreement for this location by the Coalition for Humane Immigrant Rights.

Classroom 1A 1,080 square feet
Resolution No. __________

Page 2 ends

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

Section 1. That the City Manager, upon the approval of the City Attorney, is authorized to enter into a twelve (12) month lease agreement, effective June 1, 2024, through May 31, 2025, with the Coalition for Humane Immigrant Rights for the exclusive use of approximately 1,080 square feet of space within the City-owned building located at 700 North Bullis Road, Compton for purposes of administrative offices and support services.

Section 2. That the rental rate for the twelve (12) month term of the lease agreement shall be:
a. For the minimally recommended City policy rates (i.e. $1.00 per square foot for base rental rate plus $2.02 per square foot for utilities) of $3,261.60 per month for the indoor space.

Section 3. That Account No. 1001-000-000-3420 has been established to receive all facility lease payments.

Section 4. That a certified copy of this Resolution shall be filed in the offices of the City Manager, City Clerk, City Controller, General Services, Community Improvement Services-Security Division and the City Attorney.

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

Resolution No. _______

Page 3 ends

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

LEASE AGREEMENT BETWEEN

CITY OF COMPTON
AND

COALITION FOR HUMANE IMMIGRANT RIGHTS (CHIRLA)
This LEASE AGREEMENT is entered into by and between the CITY OF COMPTON, a municipal corporation of the State of California (hereinafter referred to as “OWNER”) and the COALITION FOR HUMANE IMMIGRANT RIGHTS (CHIRLA) (hereinafter referred to as “LESSEE”), collectively, the “Parties.”
RECITALS:

WHEREAS, the City of Compton (“Owner”), has under its jurisdiction certain real property located at 700 North Bullis Road, Compton, California 90221, also known as the “CareerLink” facility (the “Site”); and WHEREAS, on_________ the City Council adopted Resolution No. ______, which authorized the City Manager to enter into a lease agreement with the Coalition for Humane Immigrant Rights (CHIRLA) (“Lessee”) for a period of twelve (12) months, commencing June 1, 2024, through May 31, 2025; and NOW, THEREFORE, Owner and Lessee, for the consideration, terms and conditions herein described, mutually agree as follows:

WITNESSETH:

Section 1. Premises. The Owner, for and in consideration of the performance of the covenants and agreements hereinafter contained to be kept and performed by the Lessee and upon the following terms and conditions, hereby leases to the Lessee, and the Lessee hereby hires and takes of and from the Owner, those certain Premises situated in the City of Compton, County of Los Angeles, State of California, more particularly described as:

Compton CareerLink Facility
700 North Bullis Road
Compton, California 90221
[The “Site”]
Lessee shall lease approximately 1,080 square feet of indoor office space within the Site building (as outlined on the attached Diagram/map of the Site/Premises). Lessee may also have access to and use of shared public spaces within the site.

Lease Agreement – Compton CareerLink Facility
700 North Bullis Road, Compton, CA 90221 (Classroom 1A) June 1, 2024 – May 31, 2025 / Resolution No. ****
2 Exclusive Indoor Space:
[The “Premises”]
The Premises are leased in "AS IS" condition and Lessee acknowledges that it has inspected and accepts the Premises in their present condition as suitable for the purpose for which the Premises are leased. Taking of possession by Lessee shall be conclusive to establish that the Premises are in good and satisfactory condition when possession is taken. Owner makes no warranties or representation as to the suitability of the Premises for Lessee's intended use, including without limitation, as to zoning, visibility, traffic count or any other factors.

Note: Within the Premises leased by Lessee (Room 1A) is a data storage closet consisting of approximately 102 square feet (as reflected in the attached diagram). This data storage closet is not included within the exclusive use space leased by Lessee. Lessee shall have no right to use this data storage closet for any purpose whatsoever. Owner retains exclusive right to use of this data storage closet and on twenty-four (24) hour advance notice (less if an emergency dictates) to Lessee shall have the right to enter upon and into the Lessee's leased space to gain access to this data storage closet.

Section 2. Term. This Lease shall be for a term of twelve (12) months commencing on June 1, 2024, and shall terminate on May 31, 2025, unless extended or terminated as otherwise provided herein. This Lease shall supersede any previous Leases and/or agreements, written or oral.

Section 3. Rent. During the Lease term, the Lessee shall pay to Owner as rent for said Premises hereof the total sum of Three Thousand Two Hundred Sixty-One Dollars and Sixty Cents ($3,261.60) per month, based on a rental rate of $1.00 per square foot for base rental rate plus $2.02 per square foot for utilities [i.e. Three Dollars and Two Cents ($3.02) per square foot] per square foot of exclusive use indoor space. Lease payments shall be due in advance on the first day of each and every month of the term hereof. Any lease payment not received by the Owner by the tenth (10th) day of the month will be deemed late, and a late fee (penalty) in the amount of Five Percent (5%) will be charged.

Payments shall be remitted to: General Services Department 205 South Willowbrook Avenue
Compton, California 90220
Attn: Director
Payable to: City of Compton
[Please identify your Lease Site on the payment]
[Lease Site: CareerLink – 700 N. Bullis Rd. Class Room 1A] LOCATION: Classroom 1 A SQUARE FOOTAGE: 1080 Square Feet Lease Agreement – Compton CareerLink Facility
700 North Bullis Road, Compton, CA 90221 (Classroom 1A) June 1, 2024 – May 31, 2025 / Resolution No. ****
3 Section 4. Use of Premises. Lessee is entitled to use the Premises during normal building business days/hours (Mondays through Fridays, 7:00 a.m. to 6:00 p.m.), (excepting legal City holidays) for the following purpose(s) only:

Administrative Offices and Support Services
Lessee shall not use the Premises for any other purposes without the prior written consent of the Owner. Lessee shall not use the Premises for residential purposes or for any commercial purposes not stated herein. Lessee shall not use the Premises for the storage of unusable equipment or property or for the rental or storage of any type of equipment not integral to the purposes of the program.

Use of Premises at Shared Site on City Holidays and Non-Business Hours On those dates designated by the City Council as legal City holidays, the Site (including the Premises) shall be closed. If Lessee desires to use the Premises on a City holiday or during hours not specified above, Lessee shall pay the City the costs (e.g. employees' salary) of providing access to the Premises/Site and for provision of City security (if applicable).

Lessee shall provide written notification to the General Services Department a minimum of three (3) business days in advance of its desire to use the Premises on a City holiday or during non-business building hours. Owner shall provide Lessee with an invoice for the costs owed by Lessee for access/use of the Premises on a City holiday or during non-business building hours, which shall be due and payable on receipt by the Lessee.

Section 5. Delivery of Premises. If Owner, for any reason, cannot deliver the Premises described above to Lessee at the commencement of the term hereof, Owner shall not be deemed to be in default hereunder, nor shall Owner be liable to Lessee for any loss or damage resulting directly or indirectly arising out of or resulting from such failure and Lessee at Lessee’s option, may declare this Agreement to be null and void.

Section 6. Utilities and Other Services. Owner agrees to furnish the following utilities and services at Owner's expense during normal business hours:
a. Electricity for normal lighting and power for office use. Special or additional electrical requirements over and above the standard for general office uses will be charged directly to Lessee.
b. Heating/Cooling.
c. Hot and cold water.

Lease Agreement – Compton CareerLink Facility
700 North Bullis Road, Compton, CA 90221 (Classroom 1A) June 1, 2024 – May 31, 2025 / Resolution No. ****
4 d. Routine maintenance.
e. General/shared security for the Site.

Any and all other types of utilities (e.g. telephone, cable, etc.) and services shall be at the sole expense and responsibility of the Lessee. Prior written approval shall be required for the installation of any utility and/or service that will involve physical alteration of the Premises and/or Site. Lessee shall reimburse Owner for the cost of repairing any and all damages to the Premises and/or Site caused directly or indirectly by Lessee's utility or service provider or its equipment.

Owner shall in no way be liable or responsible for any loss, damage or expense that Lessee may sustain or incur by reason of any change, failure, interference, disruption or defect in the supply or character of the utilities and services supplied to Premises and/or Site, unless directly caused by the active negligence or willful misconduct of the Owner.

Section 7. Assignment and Subletting. Lessee agrees not to sublet the whole or part of the Premises, assign the Lease nor permit the use of the Premises by anyone other than the Lessee, its employees, business invitees, customers and patrons without in each case first securing the written consent of the Owner. Any attempted assignment or subletting of this Lease without the written consent of the Owner constitutes fraud and this Agreement shall be null and void.

Section 8. Alterations and Additions. Lessee shall not make any alterations or construct any additions or improvements in or on the Site and/or the Premises until the Owner has been provided with said plans and specifications for the project. Once the Owner has been provided with said plans and specifications, Owner shall have a fifteen (15) day minimum review period before granting Lessee approval or disapproval of the project in writing. Lessee shall, at the time of the request, specify if they desire to retain ownership and/or possession of the alteration, addition, or improvement subject to plan review by Owner at Lessee’s expense.

Owner agrees that except for structural alterations, the Lessee may remove, during or at the expiration or other termination of the term of this Lease, or of any extension or holdover period thereof, as the case may be, personal property placed or installed in or upon the Site and/or the Premises by the Lessee or under its authority. Any personal property, improvements or additions not removed by Lessee within thirty (30) days after the end of the term, or any extension or holdover period thereof, shall automatically become the property of Owner.

Lease Agreement – Compton CareerLink Facility
700 North Bullis Road, Compton, CA 90221 (Classroom 1A) June 1, 2024 – May 31, 2025 / Resolution No. ****
5 Lessee shall repair any damage to the Site and/or the Premises caused by Lessee’s installation and/or removal of its personal property, alterations, improvements or additions.

Lessee shall, at its sole cost and expense, be allowed to place its typical signage on the Building on the Site upon the Owner's advance written approval.

Section 9. Repairs and Maintenance. Owner shall not be responsible to make any repairs or alterations to the Premises, excepting due to reasonable normal wear and tear, and Lessee assumes any and all cost and liability for the repair and maintenance of the Premises leased herein, unless such repairs, alterations or maintenance are due to Owner’s negligence or willful misconduct.

Lessee agrees to repair any damage caused by Lessee, its employees, contractors, agents or invitees, negligently or otherwise, at its own expense, and maintain the Premises leased and to return said Premises to Owner in as good order, repair and condition as the same were in at the commencement of this Lease. Lessee must obtain prior written approval from the Owner prior to commencing any repairs to the leased Premises.

Lessee shall continue to maintain said Premises in good repair and tenable condition and in compliance with all health, safety and sanitation laws, ordinances and regulations of the State of California and local authorities throughout the term of the Lease.

Lessee agrees to keep Premises in good order and condition at their sole cost and expense. All work done by Lessee on the Premises shall be done in a lawful manner and in conformity with all applicable laws, ordinances and regulations. The Premises shall be kept free from any and all liens and charges on account of labor or materials used in contribution to any work thereon.

Unless otherwise required by law or expressly provided for within this Lease Agreement, Owner shall have no liability to Lessee for any condition on the Premises leased herein and Lessee agrees that it has inspected the same, knows the condition and takes this Lease with the Premises in its present condition. Lessee agrees to hold the Owner harmless from any and all liability arising out of or in connection with the use for the Premises leased here by the Lessee, its agents, employees business invitees, customers and patrons, except to the extent any such liability is attributable to Owner’s negligence or willful misconduct.

Section 10. Insurance. Lessee shall furnish certificates of insurance, along with endorsements, issued to Owner substantiating the fact that it has taken out the specified insurance for the term covered by this Lease, or any extension or holdover period thereof, with an insurance carrier acceptable to the Owner under Lease Agreement – Compton CareerLink Facility
700 North Bullis Road, Compton, CA 90221 (Classroom 1A) June 1, 2024 – May 31, 2025 / Resolution No. ****
6 forms satisfactory to the Owner. Each certificate shall bear an endorsement precluding cancellation or reduction in coverage of any policy covered by such certificate except upon at least thirty (30) days prior written notice to Owner. It is agreed that Owner shall not be liable for the payment of any premiums or assessments on the insurance required.

Lessee shall present evidence of required insurance and certificate of endorsement to Owner no later than the commencement date of this Lease and each and every lease year thereafter. The Lessee shall not occupy the Premises until the Owner has received and approved the required certification. Failure on the part of the Lessee to procure or maintain insurance shall constitute a material breach upon which the Owner may immediately terminate this Lease Agreement.

All insurance required hereunder shall be primary with respect to any insurance maintained by the City and shall not call on the City’s program for contributions. Program(s) of insurance shall include:
a. General Liability. Lessee shall provide and maintain at its own expense during the term of this Lease Agreement a policy of Commercial General Liability Insurance, inclusive of personal injury liability and broad form property damage coverage, in an amount not less than One Million Dollars ($1,000,000) per occurrence. The coverage shall be written on an occurrence basis. Claims made coverage is not acceptable.
b. Workers’ Compensation Insurance. Lessee shall provide and maintain at its own expense during the term of this Agreement a program of Workers’ Compensation Insurance and Employer’s Liability Insurance in an amount and form to meet all applicable requirements of the State Labor Code and which specifically covers all persons providing services by or on behalf of the Lessee and all risks to such persons under the Agreement. c. Fire and Casualty Insurance. Lessee shall maintain fire insurance on such party’s own equipment and property or to adequately self-insure the same.

Lessee shall provide, or cause to be provided, and maintained at its sole cost property insurance in the amount of the value of the improvements on the Premises on a replacement cost basis. The property insurance shall insure against the perils of fire (with extended coverage), theft, vandalism, malicious mischief, collapse, flood, earthquake, windstorm and physical loss or damage.

Owner will not keep improvements which are constructed or installed and owned by Lessee under the provisions of this Lease insured against fire or casualty, and Lessee will make no claim of any nature against Owner by reason of any damage to the business or property of Lessee in the event of damage or destruction by fire or other cause, arising other than from or out of negligence or Lease Agreement – Compton CareerLink Facility
700 North Bullis Road, Compton, CA 90221 (Classroom 1A) June 1, 2024 – May 31, 2025 / Resolution No. ****
7 willful misconduct of agents or employees of the Owner in the course of their employment.
d. Insurance Endorsements. The liability insurance policy(ies) shall be endorsed with the following language:
(1) The City of Compton and its respective elected and
appointed officers, officials, employees, agents and volunteers are to be named and covered as “additional insureds” with respect to liability arising out of the activities of the Lessee.
(2) The insurer waives all rights of subrogation against the City. (3) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City.
(4) Identify the leased Premises covered by the policy(ies) and the identity of the insured(s).
e. Contractor’s Insurance Requirements. Lessee shall require that any contractors and subcontractors used to perform improvements/repairs to the building structure and Premises as provided in Sections 8 and 9 of this Lease Agreement to provide and maintain during the entire period of performing improvements/repairs the following programs of insurance:
(1) A policy of Commercial General Liability Insurance, inclusive of personal injury liability and broad form property damage coverage, in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and Two Million Dollars ($2,000,000.00) general aggregate. The coverage shall be written on an occurrence basis. Claims made coverage is not acceptable. (2) A program of Workers’ Compensation Insurance and Employer’s Liability Insurance in an amount and form to meet all applicable requirements of the State Labor Code and which specifically covers all persons providing services by or on behalf of the contractor and all risks to such persons. (3) A program of Automobile Liability Insurance with a limit of liability of not less than One Million Dollars ($1,000,000.00) for each accident. Such insurance shall include coverage for all “owned”, “hired” and “non-owned” vehicles, or coverage for “any auto”.
(4) The Contractor(s) liability insurance policy(ies) shall be endorsed with the following language: The City and its respective elected and appointed officers, officials, employees, agents and volunteers are to be named and covered as “additional insureds” with respect to liability arising out of the activities of the contractor.

Lease Agreement – Compton CareerLink Facility
700 North Bullis Road, Compton, CA 90221 (Classroom 1A) June 1, 2024 – May 31, 2025 / Resolution No. ****
8 Insurance coverage specified herein constitutes the minimum requirements and said requirements shall in no way lessen or limit the liability of the Lessee and/or its contractors and subcontractors under the terms of the Lease Agreement. Lessee shall procure and maintain, at its own costs and expense, any additional kinds and amounts of insurance that, in its own judgment, may be necessary relating to Lessee’s use of the Premises and improvement/repairs made to the Premises.

Section 11. Losses. Owner shall not be responsible for losses or damage to personal property, equipment or materials of Lessee. Owner will not keep improvements which are constructed or installed and owned by Lessee under the provisions of this Lease insured against fire or casualty, and Lessee will make no claim of any nature against Owner by reason of any damage to the business or property of Lessee in the event of damage or destruction by fire or other cause, arising other than from or out of the gross negligence or willful misconduct of agents or employees of the Owner in the course of their employment.

Section 12. Damage or Destruction.
a. Termination of Lease. If the entire Premises or any material portion thereof are damaged or destroyed by earthquake or other violent action of the elements, or by fire or other casualty such that it is difficult or impossible for Lessee to continue operating its business thereon, then either Owner or Lessee may cancel this Lease as of the date of damage or destruction by delivering written notice to the other within thirty (30) days following the damage or destruction. If the Lease is cancelled, Lessee shall surrender the Premises and shall not be obligated for any further rental payment and Owner shall refund any unearned rent paid in advance by Lessee, calculated at a daily rate based on the regular monthly rental.

Repair of Premises. In the event of any lesser damage by casualty (other than that caused by or do the actions/inactions of the Lessee), Owner shall, at Owner's cost and expense, promptly repair the same to the extent Owner's insurance proceeds are made available to Owner therefor and provided that (a) such repairs, in Owner's reasonable good faith opinion, can be commenced within thirty (30) days of the event which necessitated the repair and restoration, unless it is not reasonably possible to commence repair and restoration within thirty (30) days from the date of such damage or destruction (without payment of overtime or other premiums) and (b) the cost of such repairs, in Owner's reasonable good faith opinion, will not exceed 50% of the then replacement cost of the Site. If Owner is not required to repair such damage or destruction, then Owner shall, within 30 days from the date of such damage or destruction, either (i) notify Lessee in writing of Owner's election to repair such damage or destruction, in which event Owner shall promptly repair the same, or (ii) notify Lessee in writing of Owner's election to immediately terminate this Lease, in Lease Agreement – Compton CareerLink Facility
700 North Bullis Road, Compton, CA 90221 (Classroom 1A) June 1, 2024 – May 31, 2025 / Resolution No. ****
9 which event this Lease is terminated effective as of the date of such damage or destruction. Lessee may terminate this Lease effective as of the date of any such damage or destruction if Lessee reasonably determines in its good faith opinion that such damage or destruction substantially impairs the satisfactory operation of the Lessee's operations by notifying Owner in writing of Lessee's election to terminate not later than 30 days after the date of such damage or destruction.

Loss Caused by Lessee. If the Premises are wholly or partially damaged or destroyed as a result of the gross negligence or willful misconduct or omission of Lessee, Lessee shall forthwith diligently undertake to repair or restore all such damage destruction at Lessee's sole cost and expense. This Lease shall continue in full force and effect without any abatement or reduction in rent or other payments owed by Lessee, and this obligation of Lessee to repair or restore the Premises shall survive the cancellation of this Lease.

Exclusive Remedy. This Section 12 shall be Lessee's sole and exclusive remedy in the event of damage or destruction of the Premises, and Lessee waives and releases Lessee's rights under California Civil Code Section 1932 and 1933(4).

No damages, compensation or claim shall be payable by Owner for any inconvenience, any interruption or cessation of Lessee's business, or any annoyance, arising from any damage or destruction of all or any portion of the Premises.

Section 13. Hazard Materials. Lessee shall not use any Hazardous Materials in/or on Site or the Premises, except as necessary in the ordinary course of business and in full compliance with all Environmental Laws. Lessee will promptly notify Owner of any release or presence of any Hazardous Material in/on the Premises of which Lessee becomes aware.
a. Remediation. If Hazardous Materials are released at the Site and/or Premises by Lessee, its agents, employees, or contractors, then Lessee is solely responsible for the removal and/or remediation of any Hazardous Materials to the extent required by governmental authorities in compliance with applicable Environmental Laws.
b. Indemnification. Lessee shall indemnify and hold Owner harmless from and against any and all claims, actions, suits, proceedings, loss, liabilities, damages, fines, costs, or expense (including reasonable attorneys’ fees, consultants’ fees, investigation and laboratory fees, court costs, and litigation expenses), which arise from the presence of Hazardous Materials at the Site and/or Premises released by Lessee or its agents, employees, or contractors.

Section 14. Default. Lessee shall pay said rent to the Owner without deduction, default or delay. In the event of the failure of Lessee to do so, or in the event of a breach of any other terms, covenants or conditions herein contained on the part Lease Agreement – Compton CareerLink Facility
700 North Bullis Road, Compton, CA 90221 (Classroom 1A) June 1, 2024 – May 31, 2025 / Resolution No. ****
10 of Lessee to be kept and performed and if such default continues for a period of thirty (30) days after receipt of written notice from Owner to Lessee of such default, this Lease may be terminated. Owner may not terminate the Lease if (a) Lessee cures the default within the thirty (30) day period after notice of default is given, or (b) the default cannot reasonably be cured within thirty (30) days after notice of default is given, but Lessee reasonably commences to cure the default within the thirty (30) day period and diligently and in good faith continues to cure the default. In the event of termination of this Lease, it shall be lawful for Owner to reenter into and upon the Premises and every part thereof and to remove and store at Lessee’s expense all property therefrom and to repossess and occupy the Premises. In addition thereto, Owner shall have such other rights or remedies as may be provided for by law.

Section 15. Holding Over. In case Lessee holds over beyond the term herein provided with the consent, express or implied, of the Owner, such tenancy shall be from month-to-month only, subject to the same terms and conditions of this Lease, but shall not be a renewal hereof. Such month-to-month tenancy shall be terminable on thirty (30) days written notice by either party to the other party.

Section 16. Cancellation Provision. Notwithstanding any other provisions contained herein, either party shall have the right to cancel this Lease, without cause, at anytime, upon thirty (30) days prior written notice to the other party.

Section 17. Owner’s Access. Lessee agrees to permit the Owner or Owner’s authorized agents, upon reasonable advance notice, free access to the Premises at all reasonable times for the purpose of inspection of the Premises or for making necessary alterations, improvements or major repairs.

Section 18. Discrimination. The Lessee herein covenants by and for itself, its heirs, executors, administrator, and assigns, and all persons claiming under or through it that this Lease is made, accepted and subject to the following conditions:

That there shall be no discrimination against or segregation of any person or group of persons, on account of race, color, creed, religion, sex, marital status, national origin, or ancestry, the leasing, subleasing, transferring, use, occupancy, tenure, enjoyment of the Premises herein leased nor shall the Lessee itself, or any person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with referenced to the selection, location, number, use of occupancy, of Lessees or vendees in the Premises herein leased.

Section 19. Indemnification. Lessee shall indemnify and save harmless the Owner, its officials, officers, employees, agents and volunteers (collectively hereafter the “Owner”), against any and all damages to property or injuries to or death of any person or persons, and shall defend, indemnify and save the Owner Lease Agreement – Compton CareerLink Facility
700 North Bullis Road, Compton, CA 90221 (Classroom 1A) June 1, 2024 – May 31, 2025 / Resolution No. ****
11 from any and all liability and expense, including reasonable defense costs and legal fees, and claims, demands, suits, actions or proceedings of any kind or nature, including Workers’ Compensation claims, of or by anyone whomsoever in any way resulting from or arising out of Lessee’s, its employees, contractors, agents or invitees negligent or intentional acts in or on the Premises, or from conduct of Lessee, its employees, contractors, agents or invitees practice or business from any activity, work or things done.

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

Section 20. Partnership Disclaimer. Lessee and any and all agents of Lessee shall act in an independent capacity and not as officers or employees of the Owner. Nothing herein contained shall be construed as constituting the parties herein as partners.

Section 21. Vacating Premises. Lessee shall, on the last day of said term or sooner termination of this Lease, peaceably and quietly leave, surrender and yield up to the Owner, the Premises in good order, condition and repair, reasonable use and wear thereof and damage by acts of nature, excepted.

Section 22. Compliance with Laws. Lessee shall at its sole cost and expense, comply with all the laws and requirements of all municipal, county, state and federal authorities now in force, or which may hereafter be in force pertaining to the Premises and use of the Premises as provided by this Lease.

Section 23. Easements and Right of Way. This Lease is subject to all existing easements and right of way. Owner further reserves the right to grant additional public utility easements as may be necessary and Lessee hereby consents to the granting of any such easements. The public utility will be required to reimburse Lessee for any damages suffered by Lessee caused by the construction work on the easement area.

Section 24. Parking Access. Unless specifically provided herein, if off-street parking is provided at the Site of the Premises, Lessee, its employees and invitees may have equal access to non-restricted/non-reserved parking spaces provided to all Lessees on a first-come, first-served basis.

Section 25. Relocation. Lessee acknowledges that Lessee, its employees, contractors, subordinates and assigns are not entitled to any Relocation Payment or Relocation Advisory Assistance due to their occupancy of the Premises.

Section 26. Failure to Perform.In the event of the failure, neglect or refusal of Lessee to do, or perform work, or any part thereof, of any act or thing in this Lease provided to be done and performed by Lessee, Owner shall, at its option, Lease Agreement – Compton CareerLink Facility
700 North Bullis Road, Compton, CA 90221 (Classroom 1A) June 1, 2024 – May 31, 2025 / Resolution No. ****
12 have the right to do and perform the same, and Lessee hereby covenants and agrees to pay Owner the costs thereof on demand.

Section 27. Binding on Successors. Each and all of the terms and agreements herein contained shall be binding upon and shall inure to the benefit of the successors in interest of the Owner, and wherever the context permits or requires the successors in interest to the Lessee.

Section 28. Amendments. This Lease Agreement may be modified or amended only be written document executed by both Lessee and Owner’s City Manager and approved as to form by the City Attorney. Such document shall expressly state that it is intended by the parties to amend the terms and conditions of this Lease Agreement.

Section 29. Waivers. A waiver by either party to this Agreement of any breach of any terms, covenants or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character.

Section 30. Governing Law and Severability. This Agreement shall be governed by and construed under the laws of the State of California. In the event of litigation between the parties, venue in state trial courts shall lie exclusively in the County of Los Angeles.

Should any part of this Agreement be declared by a final decision by a court or tribunal of competent jurisdiction to be unconstitutional, invalid, or beyond the authority of either party to enter into or carry out, such decision shall not affect the validity of the remainder of this Agreement, which shall continue in full force and effect, provided that the remainder of this Agreement, absent the unexcised portion, can be reasonably interpreted to give effect to the intentions of the parties.

Section 31. Notices. All notices, demands or requests to be given under this Lease Agreement shall be given in writing and conclusively shall be deemed received when: (a) delivered personally, or (b) on the fifth (5th) business day after the deposit thereof in the United States mail, postage prepaid, and addressed as hereinafter provided, or (c) one business day after send by facsimile transmission.

To OWNER: City of Compton
205 South Willowbrook Avenue
Compton, California 90220
Attn: Director, General Services Department
(310) 605-5519
(310) 605-1753 – fax.

Lease Agreement – Compton CareerLink Facility
700 North Bullis Road, Compton, CA 90221 (Classroom 1A) June 1, 2024 – May 31, 2025 / Resolution No. ****
13 With copy to: City of Compton
205 South Willowbrook Avenue
Compton, California 90220
Attn: City Manager
To LESSEE: Coalition for Humane Immigrant Rights
2533 West 3rd Street, Suite 101
Long Beach, California 90807
Attn: Angelica Salas, Executive Director
(213) 353-1346
(213) 353-1344 – fax.

Section 32. Entire Agreement. This Lease and any exhibits or attachments hereto and incorporated herein constitute the entire agreement of Owner and Lessee. There are no agreements, terms, conditions or obligations other than those set forth herein.

This Lease shall supersede all previous communications, representations or agreements, either verbal or written between Owner and Lessee. This agreement may be modified only by written agreement signed by both Owner and Lessee.

IN WITNESS WHEREOF, Lessee has executed this Lease and the Owner, by its City Manager, who is authorized to do so, has executed this Lease.

COALITION FOR HUMANE IMMIGRANT RIGHTS
LESSEE
By __________________________________ Dated: ______________ Angelica Salas, Executive Director

CITY OF COMPTON/OWNER
Recommended for Approval:

By __________________________________ Dated: ______________ Nebraska Jones, Director
Lease Agreement – Compton CareerLink Facility
700 North Bullis Road, Compton, CA 90221 (Classroom 1A) June 1, 2024 – May 31, 2025 / Resolution No. ****
14 General Services Department
Approved by:

By __________________________________ Dated: ______________ Willie A. Hopkins, Jr., City Manager
Approved as to form:

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

Dated: _________________ By _____________________________ Vernell McDaniel, City Clerk
Encl:

Resolution No. _________
Diagram of Premises
City of Compton Holiday Schedule
Housing CHIRLA
CHIRLA *City of Compton* Data Closet
July 20, 2023
City of Compton
205 S. Willowbrook Avenue
Compton, CA 90220
Lease Renewal Request for 700 Bullis Road, Suite 1A, Compton, CA 90220 and request to add Annex Building to renewal agreement
Business License: BL20-000215
Dear Director, General Services Department
Please accept this letter as a formal request for Lease Renewal for 700 Bullis Road, Suite 1A. The lease expired on January 31, 2021. We would like to extend the lease agreement to January 31, 2026. As required by the City of Compton we have maintained to pay rent on a monthly basis and the business license has been renewed yearly as requested. We are experiencing internal growth and would like to add the Annex Building to the new lease agreement.

I am asking the City to grant us with the same rental fee of $1.00 per square foot. If a minimal increase is necessary we understand.

As a non-profit organization, our mission revolves around serving the most vulnerable members of society. One of the primary services we offer is immigration legal support, which plays an indispensable role in the lives of Compton City residents and the surrounding neighborhoods. By providing essential information, community education, and outreach services to these underserved communities, we aim to empower them and facilitate their access to valuable resources. The city of Compton currently does not have an organization providing these types of resources to the community at-large. Continuing the partnership with CHIRLA ensures that the city of Compton residents continue to have access to much needed legal services, considering the population that currently resides in Compton.

The significance of our Compton Office cannot be overstated. It serves as a beacon of hope for countless individuals seeking guidance and assistance in navigating the complexities of immigration procedures. By continuing to foster a strong relationship with the city, we can ensure that our services remain accessible, and that the community can rely on us to make a positive difference in their lives.

Kindly send us the renewal lease agreement to include both Suite 1A and the Annex Building. Thank you very much for your partnership and unwavering commitment to the well-being of our community. Your consideration of this request is immensely appreciated. Together, we can continue to create a better future for the City of Compton and its residents.

I look forward to hearing back from City Representatives regarding this important request.

Best Regards,
Angelica Salas
Cc: City Manager
Type text he
May 7, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: CITY MANAGER
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON

AUTHORIZING THE CITY MANAGER TO ENTER INTO A DONATION

AGREEMENT BETWEEN THE CITY OF COMPTON AND THE

CRESSEY PARK LEGENDS FOR THE INSTALLATION OF THE

PROPOSED COMPTON CONNIE MACK BASEBALL LEAGUE

MEMORIAL AT GONZALES PARK

SUMMARY
Adoption of this resolution will authorize the City Manager to enter into a Donation Agreement with Cressey Park Legends, Inc. for the installation of the proposed Compton Connie Mack Baseball League Memorial at Gonzales Park.

BACKGROUND
The Cressey Park Legends Inc., a nonprofit organization founded in 2021, is comprised of former minor and major league baseball players, as well as individuals who once graced the field at the historic Cressey Park, now known as Gonzalez Park.

On October 3, 2023, the Cressey Park Legends Inc. organization presented to the Compton City Council the designs of a proposed memorial they would like to install at Gonzales Park. The memorial will be known as the Compton Connie Mack Baseball League Memorial and be dedicated to celebrate the achievements of former African American baseball players who have made significant contributions to the sport of baseball.

At this meeting Councilperson Deidre Duhart made a Minute Motion to authorize the Cressey Legends to install an honoree memorial at Gonzales Park. The authorization was contingent on the Cressey Park Legends identifying funding to install the project, and contingent upon providing funding for the ongoing maintenance of the memorial.

The area of interest is south of the Jackie Robinson baseball field and will be a walkway that will be cut into the grassy area in the shape of a figure eight like the leather stitching of a baseball. The grassy area will be replaced with decomposed crushed granite which gives a sandy appearance that resembles rounding through the bases on a baseball field.

15. Staff Report-Resolution Donation Agreement
Cressey Park Legends – Compton Connie Mack
Baseball League Memorial Project
May 7, 2023, Page 2
The walkway will be composed of 42 stitches to represent Jackie Robinson’s jersey number and represent a wound healing from years of segregation in the professional sports industry. The red terrazzo stitches will be cast with the brass names of Connie Mack baseball league players dating back to the late 1940’s.

STATEMENT OF ISSUE
Obtaining funding for the Compton Connie Mack Baseball League Memorial Project by the Cressey Park Legends is contingent upon the City of Compton and the Cressey Park Legends entering into this Donation Agreement.

The City of Compton and the Cressey Park Legends acknowledge and agree the sole source of funding for installation and ongoing maintenance of this project is from Cressey Park Legends.

FISCAL IMPACT
The value of the services and materials to be provided by the donor is estimated by staff to be approximately $100,000 worth of improvements to the City park. The City will be responsible for maintenance of the improvement moving forward once installed.

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

WILLIE A. HOPKINS, JR.

CITY MANAGER
RESOLUTION NO. __________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON

AUTHORIZING THE CITY MANAGER TO ENTER INTO A DONATION

AGREEMENT BETWEEN THE CITY OF COMPTON AND THE CRESSEY

PARK LEGENDS FOR THE INSTALLATION OF THE PROPOSED

COMPTON CONNIE MACK BASEBALL LEAGUE MEMORIAL AT

GONZALES PARK
WHEREAS, the Cressey Park Legends Inc. a nonprofit organization founded in 2021 is comprised of former minor and major league baseball players, as well as individuals who once graced the field at the historic Cressey Park, now known as Gonzalez Park; and
WHEREAS, on October 3, 2023, the Cressey Park Legends Inc. organization presented to the Compton City Council the designs of a proposed memorial they would like to install at Gonzales Park; and
WHEREAS, the memorial will be known as the Compton Connie Mack Baseball League Memorial and be dedicated to celebrate the achievements of former African American baseball players who have made significant contributions to the sport of baseball; and
WHEREAS, at this meeting Councilperson Deidre Duhart made a Minute Motion to authorize the Cressey Legends to install an honoree memorial at Gonzales Park. The authorization was contingent on the Cressey Park Legends identifying funding to install the project, and contingent upon providing funding for the ongoing maintenance of the memorial; and
WHEREAS, the area of interest is south of the Jackie Robinson baseball field and will be a walkway that will be cut into the grassy area in the shape of a figure eight like the leather stitching of a baseball. The grassy area will be replaced with decomposed crushed granite which gives a sandy appearance that resembles rounding through the bases on a baseball field; and
WHEREAS, the walkway will be composed of 42 stitches to represent Jackie Robinson’s jersey number and represent a wound healing from years of segregation in the professional sports industry. The red terrazzo stitches will be cast with the brass names of Connie Mack baseball league players dating back to the late 1940’s; and WHEREAS, obtaining funding for the Compton Connie Mack Baseball League Memorial Project by the Cressey Park Legends is contingent upon the City of Compton and the Cressey Park Legends entering into this Donation Agreement; and WHEREAS, the City of Compton and the Cressey Park Legends acknowledge and agree the sole source of funding for installation and ongoing maintenance of this project is from Cressey Park Legends.

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

SECTION 1. That the City Manager is hereby authorized to enter, on the advice and approval of the City Attorney, into a Donation Agreement in order for the Cressey Park Legends to obtain funding for the Compton Connie Mack Baseball league Memorial.

SECTION 2. That a copy of this Resolution shall be forwarded to the offices of the City Clerk, City Manager, City Attorney and the City Controller.

RESOLUTION NO. _________________
PAGE 2
SECTION 3. 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

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
Donation Agreement – Cressey Park Legends
Connie Mack Baseball League Memorial Project
Resolution No. ____/Parks and Recreation

Page 1 of 7 ends

DONATION AGREEMENT
April ___, 2024
CRESSEY PARK LEGENDS (referred to herein as Donor) and the City of Compton (referred to herein as City) have agreed to grant Donor access for the installation of the proposed Compton Connie Mack Baseball League Memorial at Gonzales Park, 1101 West Cressey Street, Compton, CA 90222 (the “Project”). This Donation Agreement (this “Agreement”), which sets forth the Donor's obligations in connection with the Project and certain matters on which the parties have agreed, will, when executed by the duly authorized representatives of each party, supersede any prior agreements and represent the complete legally binding agreement between the parties regarding the Project. The City acknowledges and agrees the sole source of funding for the Project is a contribution from the Donor. In the event that such a contribution is not funded, then this agreement shall immediately terminate upon written notice thereof from CRESSEY PARK LEGENDS.

I. Obligations of the City. The City shall work with CRESSEY PARK LEGENDS to design, plan, and build the Project. By executing this Agreement, the City is unconditionally agreeing to each of the following obligations, in each case meeting the requirements provided by Donor:

A. Project Site.

1. Ownership. The City is the owner of the memorial in its entirety, for the lifetime of the memorial.

2. Preparation. The City shall ensure that the Project site is ready for installation of the memorial, which responsibility includes: preparing the may include removing existing turf, grading the land.

3. Maintenance. Maintenance of the facility and supervision of its use is the sole responsibility of the City. The City shall collaborate with Donor during the Project planning process to develop a maintenance program for the memorial and shall maintain the property before and after the installation to ensure a safe and attractive memorial. In furtherance of the foregoing, in the event any equipment included in the Project no longer is permitted for any reason to be located at its original site of construction or such site is no longer controlled by the City for any reason, then the City promptly shall notify Donor following its becoming aware of such situation and shall, allow Donor at Donor's sole cost and expense, take such steps as may be necessary to promptly and safely relocate the memorial (including any permanent signage and other fixtures) to an alternate site that serves the community or to ensure that the successor controlling person of such site shall continue to make such memorial available to the community in the same manner contemplated and maintain (or permit the City to maintain) such memorial in accordance with the maintenance program.

B. Promotion; Intellectual Property. The City shall seek prior approval from Donor for any materials that reference the Project or contain the name, trademarks, service marks, logos and other intellectual property (collectively, and together with all goodwill attached or which shall become attached to any of them, the "Marks") of Donor, including press releases, fliers, and promotional materials. The City acknowledges and agrees that CRESSEY PARK LEGENDS is the sole owner of all right, title, and interest in and to its respective Marks. The parties acknowledge that CRESSEY PARK LEGENDS may take all steps to protect their Marks as they Donation Agreement – Cressey Park Legends
Connie Mack Baseball League Memorial Project
Resolution No. ____/Parks and Recreation

Page 2 of 7 ends

deem appropriate. Any use of the Marks will inure to the sole benefit of Donor. The City shall not use the Marks in any manner that would harm the reputation of Donor or disparage or negatively reflect upon the Marks. Upon expiration of or termination of this Agreement for any reason, the City shall cease all use of the Marks. The City shall collaborate with Donor to secure media coverage for the Project.

C. Warranty. The equipment related to the Project may be covered under warranty by the applicable manufacturers (a copy of which has been provided). The City acknowledges that any warranties and/or guarantees on any equipment or material are subject to the respective manufacturer’s terms thereof, and the City agrees to look solely to such manufacturers for any such warranty and/or guarantee. Neither Donor nor any of its respective affiliates, directors, officers, managers, partners, members, shareholders, employees, agents or representatives, have made nor are in any manner responsible or liable for any representation, warranty, or guarantee, express or implied, in fact or in law, relative to any equipment or material, including its quality, mechanical condition or fitness for a particular purpose.

II. Obligations of Donor.

A. Project. Donor shall provide technical and organizational leadership and guidance for the Project and shall:

1. Facilitate design, including regular planning meetings, and work with vendors to procure equipment and materials in a timely manner.

2. On the behalf of and in collaboration with the City, Donor shall manage construction logistics for the Project, coordinate site preparation activities with the City, and provide all necessary equipment and materials.

3. Permits. Prior to scheduled installation, the Donor shall obtain or cause to be obtained all necessary permits and licenses regarding the installation, possession, and use of the memorial in compliance with applicable laws and regulations.

4. Inspection. Donor, in collaboration with the City, will review the project at the conclusion of the installation to ensure that the structure is safe and built to all appropriate standards and guidelines.

5. Indemnification. The Donor shall indemnify and hold harmless City, and its respective affiliates, directors, officers, managers, partners, members, shareholders, employees, agents, and representatives from any and all losses, liabilities, claims, actions, fees, and expenses (including interest and penalties due and payable with respect thereto and reasonable attorneys' and accountants' fees and any other reasonable out-of-pocket expenses incurred in investigating, preparing, defending, or settling any action), including any of the foregoing arising under, out of or in connection with any breach of this Agreement, any actions associated with this Project or resulting from the presence of the material, including those for personal injury, death, or property damage, except to the extent resulting from the gross negligence or willful misconduct of such indemnified person. This provision shall survive any termination or expiration of this Agreement.

B. Promotion. Donor will provide proposed promotional materials relating to the Project for the City’s review and approval, which approval shall not be unreasonably withheld or delayed.

Donation Agreement – Cressey Park Legends
Connie Mack Baseball League Memorial Project
Resolution No. ____/Parks and Recreation

Page 3 of 7 ends

C. Website Listing. Donor will place the memorial on its Donor website, and Donor will send information to the City on maintenance programming and enhancements.

D. Insurance.

1. Insurance Requirements. The Donor shall not commence Work under this Contract until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Donor shall not allow any contractor to commence work on any contract until it has secured all insurance required under this Section II D.

As a condition precedent to the effectiveness of this Donation Agreement for work to be performed hereunder and without limiting the Donor’s indemnification of the City, Donor shall provide and maintain at its own expense during the term of this Agreement the following program(s) of insurance covering its operations hereunder. Failure on the part of the Donor to procure or maintain insurance shall constitute a material breach upon which the City may immediately terminate this Agreement. Donor agrees to suspend and cease all operations hereunder during such period of time as the required insurance coverage is not in effect and evidence of insurance has not been furnished to the City. In the event that the Donor's operations are suspended for failure to maintain required insurance coverage, the Donor shall not be entitled to an extension of time for completion of the Work because of production lost during suspension.

2. Minimum Scope of Insurance. Insurance coverage specified herein constitutes the minimum requirements and said requirements shall in no way lessen or limit the liability of the Donor under the terms of the Agreement. Donor shall procure and maintain, at its own costs and expense, any additional kinds and amounts of insurance that, in its own judgment, may be necessary for its proper protection of the work.

All insurance required hereunder shall be primary with respect to any insurance maintained by the City and shall not call on the City’s program for contributions. Program(s) of insurance shall include:
a) Commercial General Liability.Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 00 01 11 88, with minimum limits of at least Two Million Dollars ($2,000,000.00) per occurrence, and if written with an aggregate, the aggregate shall be double the per occurrence limit. Defense costs shall be paid in addition to the limits. Products and completed operations coverage shall be maintained for a minimum of two years after completion of the Work.

The policy shall contain no endorsements or provisions limiting coverage for (1) explosion, collapse or underground hazard (XCU); (2) products and completed operations; (3) contractual liability; (4) third party action over claims; (5) cross liability exclusion for claims or suits by one insured against another; or (6) contain any exclusions contrary to the Contract. b) Automobile Liability. Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA00 01 06 92 covering "Any Auto" (Symbol 1) with minimum limits of One Million Dollars ($1,000,000.00) each accident. If Donor does not own any company vehicles, the requirement may be satisfied by providing (a) a Personal Automobile Liability policy for the Donor's own vehicle (as specified in the following paragraph); and (b) a nonowned auto endorsement to the Commercial General Liability policy if Donor may use vehicles of others (e.g., vehicles of employees). Independent Donors may not be able to purchase a Donation Agreement – Cressey Park Legends
Connie Mack Baseball League Memorial Project
Resolution No. ____/Parks and Recreation

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Business Automobile policy and consideration may be given to accepting a Personal Automobile Liability policy. Requirements should stipulate "Automobile Liability Insurance with a limit of not less than $1,000,000 each accident.”
c) Builder's Risk Insurance. Builder's Risk Insurance for any property constructed on behalf of the City, to cover "all risk" of physical loss providing coverage for loss or damage from collapse, including collapse resulting from design error. The value insured shall cover 100% of the completed Contract cost and shall be maintained until full acceptance of the Work.
d) Workers' Compensation. Workers' Compensation Insurance, as required by the State of California and Employer's Liability Insurance, with a limit of not less than One Million ($1,000,000.00) per accident for bodily injury and disease. Workers' Compensation and Employer's Liability insurance may not be required if Donor has no employees and provides, to City's satisfaction, a declaration stating this.

3. Endorsements. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval. a) The policy or policies of insurance required by Section D(2)(a) (Commercial General Liability) shall be endorsed to provide the following:
i. Additional Insured: The City, its officials, officers, employees, agents, and volunteers shall be named as “additional insured” with regard to liability and defense of suits or claims arising out of the performance of the Agreement. b) Additional Insured Endorsements shall not (1) be restricted to "ongoing operations"; (2) exclude "contractual liability"; (3) restrict coverage to "sole" liability of Donor; or (4) contain any other exclusions contrary to the Contract. c) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City, except ten (10) days written notice shall be provided for non-payment of premium.

4. The policy or policies of insurance required by Section D(2)(b) (Automobile Liability) shall be endorsed to provide the following:
a) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City, except ten (10) days written notice shall be provided for non-payment of premium.

5. The policy or policies of insurance required by Section D(2)(c) (Builder's All Risk) shall be endorsed to provide the following:
a) Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the indemnified parties. b) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City, except ten (10) days written notice shall be provided for non-payment of premium.

Donation Agreement – Cressey Park Legends
Connie Mack Baseball League Memorial Project
Resolution No. ____/Parks and Recreation

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c) Loss Payee: Losses payable under this policy shall be adjusted with the Named Insured and paid to City as its interests may appear.

6. The policy or policies of insurance required by Section D(2)(d) (Workers' Compensation) shall be endorsed to provide the following:
a) Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the indemnified parties. b) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City, except ten (10) days written notice shall be provided for non-payment of premium.

7. Waiver of Subrogation. Required insurance coverages shall not prohibit Donor from waiving the right of subrogation prior to a loss. Donor shall waive all subrogation rights against the indemnified parties. Policies shall contain or be endorsed to contain such provisions.

8. Deductible. Any deductible or self-insured retention must be approved in writing by the City and shall protect the indemnified parties in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or selfinsured retention.

9. Evidence of Insurance. The Donor, concurrently with the execution of the Contract, and as a condition precedent to the effectiveness thereof, shall deliver certified copies of the required policies on forms approved by the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City.

If such coverage is cancelled or reduced, Donor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies.

10. Acceptability of Insurers. Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and authorized to do business in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.

11. Insurance for Contractors. All Contractors shall be included as additional insureds under the Donor's policies, or the Donor shall be responsible for causing Contractors to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City as an “additional insured” to the Contractor's policies.

III. Installation Contracting. Donor has a separate contract with Top End Terrazzo pursuant to which the Donor has agreed to fund the Project.

IV. Termination. In the event that the City fails to make the project site available as required under Section 1(a) or otherwise breaches this Agreement, Donor may terminate this Agreement upon written notice to the City of such termination. Furthermore, if either party is delayed or Donation Agreement – Cressey Park Legends
Connie Mack Baseball League Memorial Project
Resolution No. ____/Parks and Recreation

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prevented from fulfilling any of its obligations hereunder by any cause beyond its reasonable control, including acts of God, acts or omissions of civil or military authorities, fire, strike, flood, riot, act of terrorism, war, transportation delay, or inability due to such causes to obtain required labor, materials or facilities, such party shall not be liable hereunder for such delay or failure and either party may terminate this Agreement if the other is unable to perform any obligation hereunder for a period longer than ten (10) calendar days due to such force majeure event. Except as set forth above, upon any termination, this Agreement shall become void and have no effect, and no party shall have any liability to the other party, except that nothing herein will relieve any party from liability for any intentional breach of this Agreement prior to such termination.

V. General Provisions. Each party has all requisite power and authority, including any necessary approval by its governing body, to execute and deliver this Agreement, and to perform its obligations hereunder. This Agreement may not be assigned or transferred by either party without the prior written consent of the other party hereto. This Agreement shall inure to the benefit of and be binding upon the parties hereto, their respective successors and permitted assigns, and where expressly stated, their affiliates and representatives. This Agreement shall be governed by and construed under the laws of the State of California. This Agreement may be altered, modified, or amended only by a written document signed by both parties. This Agreement may be executed in two or more counterparts, each of which shall be an original and all of which, when taken together, shall constitute the same agreement and may be delivered by facsimile or electronic mail transmission with the same force and effect as if originally executed copies hereof were delivered. Any notices required or permitted to be given hereunder shall be sent by certified or registered United States mail, postage prepaid, by personal delivery addressed to the applicable party or by facsimile or electronic mail transmission (the receipt of which is confirmed) at the address set forth under such party's signature below.

By executing this City Agreement where indicated below, each of Donor and the City agrees, as of the date identified above, to be legally bound by all of the terms and provisions set forth above.

CRESSEY PARK LEGENDS
DONOR
Dated: ________________ By ____________________________________ Robert Watkins, Director
CITY OF COMPTON:

Approved by:

Dated: ________________ By ____________________________________ Willie A. Hopkins, Jr., City Manager
Donation Agreement – Cressey Park Legends
Connie Mack Baseball League Memorial Project
Resolution No. ____/Parks and Recreation

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Approved as to form:

By _____________________________ Dated: ___________________ Eric J. Perrodin, City Attorney
ATTEST:

Dated: ___________________ By ____________________________________ Vernell McDaniel, City Clerk
Design By Joe Moore
Cressey Park Legends
Compton California
Grassy area to be replaced with
decomposed crushed granite. The tan
granite gives a sandy appearance that
resembles rounding through the bases in a
baseball field.

Information board describing the Cressey
Park Legends and Connie Mack baseball
league.

Gonzalez Park. Formally known as Cressey
Park located in Compton California.

Cressey Park tells a legendary story. The
Connie Mack Baseball league has more than
200 players that advanced into the pros.

The area of interest is just south of the
Jackie Robinson baseball field. A walkway
will be cut into the grassy area in the shape
of a figure eight just like the leather of a
baseball. The walkway is composed of 42
stitches to represent Jackie Robinson's
Jersey number. The red terrazzo stitches will
be cast with brass names of the Connie
Mack baseball league players dating back all
the way to the late 1950's that advanced into
professional baseball.

The stitches represent a wound healing from
years of segregation into the professional
athlete industry.

Design By Joe Moore
Cressey Park Legends
Compton California
Existing structures
on grassy area
include light post
and memorial stone.

The shape is cut into the ground
like the "figure 8" of baseball
leather not moving existing
structures.

Offset by 5 feet to make a walkway
The walk way is evenly divided to
make the "stitches" of the baseball.
42 stitches representing Jackie
Robinson's jersey number.

Stitches are used to symbolize a
wound healing from years of
segregation.

Brass names are set in the red
terrazzo stitches.

Instructions for brass manufacturing.

If each name is cut with these specifications, and
spaced 3" between each name, a total of 20 names
could fit along each lace.

With a current list of 200 names, this allows a lot of
empty space for future names to be added to the
walkway.

Design By Joe Moore

May 7, 2024
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: GENERAL SERVICES DEPARTMENT
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON

AUTHORIZING THE CITY MANAGER TO ENTER INTO AN

AGREEMENT AND ESTABLISH A PURCHASE ORDER TO ACCO

ENGINEERED SYSTEMS FOR HVAC PROJECTS AND SECURITY
CAGES FOR EIGHT (8) CITY-OWNED FACILITIES ($996,367.53)

SUMMARY
Adoption of the attached resolution will authorize the City Manager to accept the proposal, enter into an agreement, and establish a purchase order to ACCO Engineered Systems in the amount of Nine Hundred, Ninety-Six Thousand, Three Hundred Sixty-Seven Dollars and Fifty-Three Cents ($996,367.53) for the installation of HVAC systems and security cages for eight (8) city-owned facilities and authorize a 15% contingency in the amount of One Hundred, Forty-Nine Thousand, Four-Hundred Fifty-Five Dollars and Twelve Cents ($149,455.12).

BACKGROUND
The City of Compton owns property (shown below) in critical need of heating, ventilation, and air conditioning system improvements.

City-Owned Facilities Address
Burrell - Mac Donald Park 2516 West Alondra Boulevard, Compton, CA 90220 Kelly Park 2319 East Caldwell Street, Compton, CA 90221 Lueders Park 1500 East Rosecrans Avenue, Compton, CA 90221 CareerLink 700 North Bullis Road, Compton, CA 90221
General Services Yard 438 West Alondra Boulevard, Compton, CA 90220 Fire Station #1 201 South Acacia Avenue, Compton, CA 90220 Fire Station #4 950 West Walnut Street, Compton, CA 90220 Community Improvement Services 404 North Alameda Street, Compton, CA 90221 On January 16, 2024, January 22, 2024, and January 31, 2024, City of Compton staff, Gordian staff, and state-licensed contractors inspected and evaluated Burrell – MacDonald Park, Kelly Park, Lueders Park, CareerLink, General Services Yard, Fire Station 1, Fire Station 4, and Community Improvement Services facilities. Following the assessment conducted by certified technicians, it was determined that several of the units are in need of immediate replacement due to their deteriorating condition and inefficiency.

Many of the HVAC units in the buildings have exceeded their expected lifespan and are showing signs of significant wear and tear. The inspection also revealed that several units

16. Staff Report – Authorizing Agreement and Purchase Order ACCO Engineering / HVAC Projects (8) facilities
May 7, 2024 Page 2 of 3
struggle to maintain consistent temperature levels, leading to discomfort for staff and residents. Some units were found to have issues that, if left unaddressed, could pose safety risks to occupants.

STATEMENT OF THE ISSUE
Given the inspection findings and considering the critical role of the HVAC systems in ensuring the comfort, health, and safety of our community members and employees, it is strongly recommended that the units be replaced with modern, energy-efficient models.

Staff worked with ACCO Engineered Systems via Gordian/Sourcewell EZIQC Contract No. CA-R8-HVAC-101723-AES to prepare a recommendation to install and upgrade HVAC systems in eight (8) City facilities. ACCO Engineered Systems provided a proposal to replace twenty (20) units and install twenty-eight (28) security cages, including security cages for the recently installed units located at Careerlink.

The HVAC project requires removing, replacing, and/or upgrading current units and installing security cages, except for Fire Station 1 and Fire Station 4. Staff declined to include cages for the Fire Stations because they are manned by Fire personnel.

City-Owned Facilities Units Security Cages
Burrell - Mac Donald Park (2) replacement HVAC units 2
Kelly Park (1) Rooftop Package 2*
Lueders Park (2) Split system furnaces 2
CareerLink (5) Rooftop Package units & (1) Split System 16** General Services Yard (1) 5-ton replacement HVAC units 1 Fire Station #1 (2) Split system furnaces and (1) Package Heat Pump 0 Fire Station #4 (2) RHEEM split system furnaces and (1) BDP rooftop package 0 Community Improvement (1) Goodman split system furnaces / (1) Goodman Package Heat Pump 5 *Only one unit needs to be replaced; two security cages are needed **Amount includes cages for recently installed units at CareerLink ACCO Engineered Systems provided a proposal in the amount of Nine Hundred, NinetySix Thousand, Three Hundred Sixty-Seven Dollars and Fifty-Three Cents ($996,367.53) to install units and security cages shown in the chart above.

ACCO Engineered Systems is offering pricing through its Sourcewell contract. Staff has determined that a formal bidding process is not required for these services per Compton Municipal Code section 4-11-7(c), which lists certain exemptions from the bidding process, including purchases of contract supplies, materials, equipment or services entered into with another governmental or quasi-governmental entity.

Sourcewell was formerly known as the National Joints Powers Alliance (NJPA).

Participation in Sourcewell is available at no-cost, no obligation, and no liability to public Staff Report – Authorizing Agreement and Purchase Order ACCO Engineering / HVAC Projects (8) facilities
May 7, 2024 Page 3 of 3
agencies, school districts, state colleges and universities, and local governments. In recent years, membership in the 40-year old organization has grown rapidly as more publicly fund agencies opt to satisfy their own RFP process by using Sourcewell’s rigorous vetting in their competitive process and combined membership buying power to save time and money.

Sourcewell follows the competitive contracting law process to solicit, evaluate, and award cooperative purchasing contracts for goods and services. Sourcewell saves purchasers money by offering better pricing, less time is spent reviewing bids and combines the purchasing power of more than 50,000 organizations. Sourcewell members purchase more than $3.5 billion annually through the awarded contractors. Government agencies save money because of the purchasing scale advantage they gain from being part of the cooperative membership.

FISCAL IMPACT
Funds for this expenditure in the amount not to exceed One Million One Hundred FortyFive Thousand Eight Hundred Twenty-Two Dollars and Sixty-Five Cents ($1,145,822.65) are available in the FY 2023-2024 Budget in Account No. 2810-640- GEN-4300 Capital Improvement—American Rescue Funds (ARPA).

RECOMMENDATION
Staff recommends that the City Council adopt the attached Resolution as ARPA funds must be obligated by December 31, 2024, and funding must be expended by December 31, 2026.

NEBRASKA JONES

DIRECTOR OF GENERAL SERVICES
APPROVED FOR FORWARDING:

WILLIE A. HOPKINS, JR.

CITY MANAGER
Staff Report – Authorizing Agreement and Purchase Order ACCO Engineering / HVAC Projects (8) facilities
May 7, 2024 Page 4 of 3
Attachment: Proposed Resolution
RESOLUTION NO. ___________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON

AUTHORIZING THE CITY MANAGER TO ENTER INTO AN

AGREEMENT AND ESTABLISH A PURCHASE ORDER TO ACCO

ENGINEERED SYSTEMS FOR HVAC PROJECTS AND SECURITY
CAGES FOR EIGHT (8) CITY-OWNED FACILITIES ($996,367.53) WHEREAS, the General Services Department is responsible for maintaining the City’s administrative buildings, parks, fire stations, service yards, and leased properties; and
WHEREAS, the following facilities are in need of heating, ventilation, and air conditioning system improvements; and
WHEREAS, on January 16, 2024, January 22, 2024, and January 31, 2024, City of Compton staff, Gordian staff, and state-licensed contractors inspected and evaluated Burrell – MacDonald Park, Kelly Park, Lueders Park, CareerLink, General Services Yard, Fire Station 1, Fire Station 4, and Community Improvement Services facilities; and WHEREAS, the assessment conducted by certified technicians, it was determined that several of the units are in need of immediate replacement due to their deteriorating condition and inefficiency; and
WHEREAS, staff worked with ACCO Engineered Systems via
Gordian/Sourcewell EZIQC Contract No. CA-R8-HVAC-101723-AES to prepare a recommendation to install and upgrade HVAC systems in eight (8) City facilities; and WHEREAS, ACCO Engineered Systems provided a proposal to replace twenty (20) units and install twenty-eight (28) security cages, including security cages for the recently installed units located at Careerlink; and
WHEREAS, the HVAC project requires removing, replacing, and/or upgrading current units and installing security cages, except for Fire Station 1 and Fire Station 4; and
City-Owned Facilities Address Units Security
Cages
Burrell - Mac Donald
Park
2516 W. Alondra Blvd.

Compton, CA 90220 (2) replacement HVAC units 2
Kelly Park 2319 E. Caldwell St.

Compton, CA 90221 (1) Rooftop Package 2*
Lueders Park 1500 E. Rosecrans Ave.

Compton, CA 90221 (2) Split system furnaces 2
CareerLink 700 N. Bullis Rd.

Compton, CA 90221
(5) Rooftop Package units & (1)
Split System 16**
General Services Yard 438 W. Alondra Blvd.

Compton, CA 90220 (1) 5-ton replacement HVAC units 1
Fire Station #1 201 S. Acacia Ave.

Compton, CA 90220
(2) Split system furnaces and (1)
Package Heat Pump 0
Fire Station #4 950 W. Walnut St.

Compton, CA 90220
(2) RHEEM split system furnaces
and (1) BDP rooftop package 0
Community
Improvement
404 N. Alameda St.

Compton, CA 90221
(1) Goodman split system furnaces /
(1) Goodman Package Heat Pump 5
*Only one unit needs to be replaced; two security cages are needed **Amount includes cages for recently installed units at CareerLink WHEREAS, ACCO Engineered Systems provided a proposal in the amount of Nine Hundred, Ninety-Six Thousand, Three Hundred Sixty-Seven Dollars and FiftyThree Cents ($996,367.53) to install units and security cages shown in the chart above; and
Resolution No. ___________

Page 2 ends

Compton City CouncilMay 7, 2024

Compton City Council
May 7, 2024