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
06/25/2024
CLOSED SESSION – 4:30 PM
PUBLIC MEETING – 5:30 PM
PUBLIC HEARING – 5:45 PM
HEARING(S)
5:45 P.M. PUBLIC HEARING - TO AUTHORIZE THE SUBMISSION OF THE HUD-MANDATED 2024-2025 ANNUAL ACTION PLAN AND THE 2020-2024
CONSOLIDATED PLAN TO THE UNITED STATES DEPARTMENT OF
HOUSING AND URBAN DEVELOPMENT (HUD)
OPENING
MOMENT OF SILENCE
PLEDGE OF ALLEGIANCE
ROLL CALL
PUBLIC COMMENTS ON CLOSED SESSION ITEMS ONLY
CLOSED SESSION
PENDING LITIGATION
Kareemah Bradford v. City of Compton - Case No. TC026769 & 18 STCV01367 Pursuant to Government Code Section 54956.9(a)
-2- City Council Agenda
6/25/2024 5:30 PM
PUBLIC MEETING – 5:30 PM
REPORT ON CLOSED SESSION ACTIONS
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
1. MAY 28, 2024
2. OCTOBER 24, 2023
BUILDING AND SAFETY
3. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON
AUTHORIZING THE CITY MANAGER TO ISSUE A PURCHASE ORDER TO GOVCONNECTION INC. FOR COMPUTER EQUIPMENT FOR THE BUILDING AND SAFETY DEPARTMENT IN AN AMOUNT NOT TO EXCEED $763.36
GRANTS DEPARTMENT
4. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON
AUTHORIZING THE CITY MANAGER TO ENTER INTO A PROFESSIONAL
SERVICE AGREEMENT WITH AND ESTBALISH A PURCHASE ORDER FOR B-
ADAIR CONSULTING & ADMINISTRATIVE SERVICES TO PROVIDE GRANT FINANCIAL RECONCILIATION ($24,900)
RISK MANAGEMENT
5. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON
AUTHORIZING THE CITY MANAGER TO EXECUTE AN INSURANCE BINDER WITH ALLIANT INSURANCE SERVICES FOR RENEWAL OF THE CITY’S INSURANCE POLICY PORTFOLIO FOR FISCAL YEAR 2024-2025 AND FINANCE AGREEMENTS FOR FISCAL YEAR 2024-2025
REGULAR AGENDA
CITY MANAGER'S REPORT
6. POWERPOINT PRESENTATION - CITY MANAGER'S UPDATE
7. FIREWORKS APPLICATION APPROVAL/DENIAL (ACTION ITEM)
-3- City Council Agenda
6/25/2024 5:30 PM
8. A REQUEST TO SCHEDULE A PUBLIC HEARING - FOR SOLID WASTE AND
RECYCLABLE MATERIALS HANDLING SERVICES, DELINQUENCIES TO BE
COLLECTED ON THE LOS ANGELES COUNTY TAX ROLL FOR FISCAL YEAR 2024 - 2025 AND COMBINED OUTSTANDING BALANCES FOR TAX ROLL BILLING FISCAL YEAR 2023-2024 TO BE HELD JULY 23, 2024 @ 5:35 P.M.
UNFINISHED BUSINESS
9. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON
AUTHORIZING THE CITY MANAGER TO AMEND THE MUNICIPAL WATER DEPARTMENT'S ARPA 2023-2024 FISCAL YEAR BUDGET, AND TO ISSUE A
PURCHASE ORDER TO THE CLA-VAL COMPANY (SOLE SOURCE VENDOR)
FOR REPAIR AND REPLACEMENT OF CONTROL VALVES AT WATER WELL
SITES IN AN AMOUNT NOT TO EXCEED THREE HUNDRED TWENTY-TWO
THOUSAND EIGHT HUNDRED THIRTY-NINE DOLLARS AND FORTY CENTS ($322,839.40)
10. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON
AUTHORIZING THE CITY MANAGER TO ENTER INTO A MULTI-YEAR
PROFESSIONAL SERVICES AGREEMENT WITH MGT OF AMERICA
CONSULTING, LLC. ($36,244) FOR SENATE BILL 90 CONSULTING SERVICES,
AND TO ISSUE A PURCHASE ORDER IN THE AMOUNT OF TWELVE
THOUSAND FOUR HUNDRED FORTY-FOUR DOLLARS ($12,444) FOR MGT OF
AMERICA CONSULTING, LLC FOR SERVICES TO BE PROVIDED IN THE FIRST YEAR.
11. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON
AUTHORIZING THE CITY MANAGER TO UTILIZE ARPA (AMERICAN RESCUE
PLAN ACT) FUNDING IN ESTABLISHING A PURCHASE ORDER WITH UNITED PACIFIC SERVICES, INC. TO PROVIDE TREE TRIMMING AND MAINTENANCE
SERVICES IN AN AMOUNT NOT TO EXCEED SIX HUNDRED THOUSAND DOLLARS ($600,000)
12. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AMENDING THE 2023-2024 FISCAL YEAR BUDGET TO TRANSFER FUNDS
AND AUTHORIZING THE CITY MANAGER TO ISSUE A PURCHASE ORDER WITH CARSON CHEVROLET FOR THE PURCHASE OF A 2024 CHEVROLET
TAHOE FOR THE FIRE CHIEF OF THE COMPTON FIRE DEPARTMENT ($84,465.00)
13. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON RESCINDING RESOLUTION NO. 25,674, AMENDING THE 2023-2024 FISCAL
YEAR BUDGET TO APPROPRIATE FUND BALANCE AND RATIFYING THE REISSUANCE OF A PURCHASE ORDER TO CHARGEPOINT, INC. FOR CHARGING STATIONS AND ANCILLARY INFRASTRUCTURE ($167,145)
NEW BUSINESS
14. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON ADOPTING THE BUDGET FOR FISCAL YEAR 2024-2025
-4- City Council Agenda
6/25/2024 5:30 PM
15. 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 THE BLUE DIAMOND COMPANY FOR THE
PURCHASE OF ASPHALT MATERIAL FOR CITYWIDE ROAD REPAIR IN AN AMOUNT NOT TO EXCEED ONE HUNDRED THOUSAND DOLLARS ($100,000)
16. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AMENDING THE GENERAL SERVICES DEPARTMENT 2023-24 FISCAL YEAR
BUDGET, APPROPRIATING FUNDS FROM MEASURE P FUND BALANCE AND AUTHORIZING THE CITY MANAGER TO ENTER INTO A 3-YEAR AGREEMENT WITH JOHNSON CONTROLS, INC. AND ISSUE A PURCHASE ORDER FOR
PREVENTATIVE MAINTENANCE SERVICES OF THE HEATING AND COOLING SYSTEM AT COMPTON CITY HALL ($252,405.00)
17. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AUTHORIZING THE CITY MANAGER TO ENTER INTO A FIVE (5) YEAR LEASE
AGREEMENT WITH ANGELS FOR SIGHT FOR THE LEASE OF CITY-OWNED PROPERTY LOCATED AT 920 NORTH ALAMEDA STREET
18. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON
AMENDING THE MUNICIPAL WATER DEPARTMENT'S ARPA FISCAL YEAR 2023-2024 BUDGET, AUTHORIZE THE CITY MANAGER TO ENTER INTO A
THREE-YEAR ENTERPRISE AGREEMENT WITH THE ENVIRONMENTAL
SYSTEMS RESEARCH INSTITUTE, INC. (ESRI), AND A THREE YEAR
TECHNICAL SUPPORT AGREEMENT WITH PRO-WEST ASSOCIATES AND TO
ISSUE PURCHASE ORDERS TO ESRI, PRO-WEST ASSOCIATES AND INSIGHT
PUBLIC SECTOR FOR GEOGRAPHICAL INFORMATION SYSTEM (GIS) SOFTWARE, TECHNICAL SUPPORT AND HARDWARE (TABLETS).
19. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON
AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH CHANDLER ASSET MANAGEMENT, INC. TO PROVIDE INVESTMENT
ADVISORY SERVICES ($100,500)
20. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON
ACCEPTING THE PROPOSAL FROM YUNEX TRAFFIC (FORMERLY SIEMENS MOBILITY, INC.) FOR CITYWIDE TRAFFIC SIGNAL AND STREET LIGHT
MAINTENANCE AND EMERGENCY RESPONSE SERVICES, TO AUTHORIZE THE CITY MANAGER TO ENTER INTO A THREE (3) YEAR SERVICE AGREEMENT WITH TWO (2) TWO-YEAR EXTENSION OPTIONS FOR ONE MILLION THREE HUNDRED FIFTY THOUSAND DOLLARS ($1,350,000), TO
ESTABLISH A PURCHASE ORDER IN THE AMOUNT OF FOUR HUNDRED FIFTY THOUSAND DOLLARS ($450,000) FOR ONE YEAR OF TRAFFIC SIGNAL
AND STREET LIGHT MAINTENANCE SERVICES AND TO ESTABLISH AN
ADDITIONAL PURCHASE ORDER IN THE AMOUNT OF SIXTEEN THOUSAND NINE HUNDRED SEVENTY-EIGHT DOLLARS AND FIFTY-FOUR CENTS ($16, 978.54) TO PAY OUTSTANDING INVOICES
-5- City Council Agenda
6/25/2024 5:30 PM
21. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON
AUTHORIZING THE CITY MANAGER TO ENTER INTO A MULTI-YEAR AGREEMENT WITH GOVINVEST INC. FOR PROFESSIONAL SOFTWARE
MANAGEMENT SERVICES FOR UPGRADING THE CITY'S LABOR COSTING
MODULE, PENSION MODULE, OPEB MODULE, AND GASB REPORTING SERVICES ($170,292.21), AND TO ISSUE A PURCHASE ORDER IN THE AMOUNT OF ($56,764.07) FOR THE FIRST YEAR OF SERVICES.
COUNCIL COMMENTS
ADJOURNMENT
NEXT REGULAR MEETING: 7/2/2024 5:30 PM
Visit our website at http://www.comptoncity.org
MAY 28, 2024
The Compton City Council meeting was called to order at 4:02 p.m. by Mayor Emma Sharif in the Council Chambers of City Hall. The Moment of Silence Ceremony and the Pledge of Allegiance was led by Mayor Sharif.
ROLL CALL
Council Members Present - D. Duhart, J. Bowers, Mayor E. Sharif Council Members Absent - A. Spicer, L. Darden (Joined the meeting after closed session) Other Officials Present: E. Perrodin, V. McDaniel, Willie A. Hopkins
CLOSED SESSION AGENDA ITEM
Pending Litigation vs. The City of Compton:
Arturio Denis Halloway, Case No. 20STCV09528
Margarita Araiza, Case No. 22CMCV00402
Susan Hill, Case No. 21STCV37464
Janette Lievano, Case No. 22STCV25910
Public Employee Performance Evaluation.
Title: City Controller.
Pursuant to California Government Code Section 54957.
PUBLIC COMMENTS ON CLOSED-SESSION AGENDA ITEMS ONLY
There were no audience comments regarding the closed-session agenda items.
RECONVENE TO OPEN SESSION
On motion by Spicer, seconded by Darden, the meeting reconvened at 5:46 p.m. by the following roll call vote:
Council Members Present – Duhart, Spicer, Bowers, Darden, Sharif Council Members Absent – None
REPORT OUT OF CLOSED SESSION
City Attorney Perrodin informed that in closed session, regarding pending litigation, there is nothing to report out.
Mayor Sharif agreed that there was nothing to report out and the evaluation would be continued to next week.
PUBLIC COMMENTS ON AGENDA ITEMS AND NON-AGENDA MATTERS
Maria Villareal her No. 1 concern was about small businesses in the City of Compton.
She would like to see if it's possible that the City Council could give a town hall meeting regarding business licenses and permits.
1. She suggested it was confusing for the businesses and for herself. She wanted to know how we can fix and help with the licensing permits. She said some businesses have been in the city for four years without a business license, because they aren't aware of the process.
Code enforcement issues citations, leave them there and don't come back until the next year. The fire department comes in with the intention to close the business. She said they are doing their job but it's not right for the businesses.
Lynn Boone spoke about the minutes. She quoted Section 700 of the charter, the first one letter A, "The Duties of the City Clerk: Attend all meetings of the City Council and be responsible for the recording and maintaining of a full and true record of all the proceedings of the City Council in books."
She expressed concern with the City Clerk telling residents to come to the office to pick up a video of the Council Meeting was outrageous.
She further indicated that minutes should report true and factual. Ms. Boone said that the notes should be verbatim.
She informed that the next council meeting she would bring up the job specs for the deputies and the City Clerk. She also spoke about the order and timeliness of the public meeting. She stated clerks that are appointed are not recognized, only elected clerks.
Kinsey Jones referenced Long Beach Boulevard and the need for tree trimming because they only trim one side. Mr. Jones spoke of using his own water to wash the berries off the sidewalk, causing his water bill to rise.
He also referenced a broken fence at the corner of Temple near where the Mc Donald's used to be located. It's never been fixed as well as the trees needing to be trimmed in the same area.
He spoke about the poor lighting near the former hotel that was torn down at the corner of Pauline and Caldwell contributes to accidents.
He referenced a daycare opening in the same location and prostitution being a potential problem for that business.
Vanessa Cain spoke about problems that exist take longer to cure because of improper representation by the City Council and the City Attorney. She didn't understand that the company filling the potholes was suing the city because the materials that were being used were an inferior product and better material should be used.
She spoke about her passion for climate justice, clean water, clean infrastructure, solid infrastructure, public service, quality education, all being a part of climate justice and voiced concern about the vendors throwing oil down city drains, destroying the water supply and the city being complicit in that destruction due to lack of oversight.
Anthony Lewis spoke about Item No. 6 and 10 on the agenda and the delinquencies with the waste pickup and would the residents, who are current, have their bills placed on the tax bill and expressed approval of the City Treasurer's report emphasizing the kind of money that was made for the City.
He's noticed the Sheriff's Department's patrolling of the City has been enhanced as well as code enforcement, and the traffic pole light on the corner of Alondra and Tajauta is repaired but not in operation as yet and complimented Public Works as well as Damon and Nicole.
Mr. Lewis spoke about Item D, Kelly Park, and what a wonderful project it was for the $10,000 spent. He suggested fixing the lattice at the top of the building. He also spoke about Wilson Park having playground equipment that was going to complement the basketball courts.
He referenced Lueder's Park having new tennis courts, and Gonzales Park activities. He's hoping to introduce a sports authority to the City to generate extra revenue and has ideas and thoughts to help with Parks and Recreation.
He spoke, briefly, about the complaints about the minutes and starting his own minutes. He felt Madam City Clerk McDaniel was doing an excellent job regarding the minutes. He stated, if minutes were needed, get a copy of those videotapes, everything was documented in the videotapes.
Mr. Miller Martin spoke about the need for a four-way stop sign on Stockwell and Grandee and Noticed that a sheriff was on call, when he was leaving, he ran the stop sign on Grandee and almost ran into a couple of cars that had the right-of-way. He expressed desire to bring businesses into the city and have a few commitments already, but they're waiting for him.
He doesn't know the plans of the city but wants to see something different than what's happening now. He was unsatisfied with the City Council's decision-making.
He added that between Raymond and Greenleaf, on Wilmington, the Main Street, you cannot see the sidewalk because of weeds and expressed a desire to be on the beautification committee as well as parks and recreation to help bring programs to help the children.
Mr. Miller also stated that he wanted the City Council to be part of his desire to bring high-end income traffic into the City as Inglewood, Downey, Long Beach and Beverly Hills has done, and took exception to the prostitution he witnessed on Long Beach Boulevard. He said it was up to the City Council to put an end to the prostitution on Long Beach Boulevard.
Madam City Clerk McDaniel addressed the fireworks public hearing stating the fireworks public hearing that was scheduled for 5:35, under Item No. 5, under City Manager's Report, staff is asking that that hearing be rescheduled to June 18, 2024, asking for Council approval to reschedule.
CONSENT AGENDA
Council Member Duhart requested to remove Item No. 3 for discussion.
APPROVAL OF MINUTES
1. SEPTEMBER 26, 2023
2. MAY 7, 2024
On a motion by Spicer, seconded by Duhart, that the consent agenda be approved by the following vote on roll call:
AYES: Council Members - Duhart, Spicer, Bowers, Darden, Sharif NOES: Council Members - None
ABSENT: Council Members - None
3. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AUTHORIZING THE CITY MANAGERT YO AMEND THE FISCAL YEAR 2023- 2024 BUDGET APPROPRITATING FUNDS FROM BALANCE AND ESTABLISH A
PURCHASE ORDER WITH MARS ENVIRONMENTAL, INC FOR
ENVIRONMENTAL DISPOSAL ($20, 025.75)
Councilperson Duhart questioned the amount of money remaining in the Public Works Street Maintenance Equipment Rental sum balance.
City Manager Hopkins estimated there was some $80,000, but needed to verify what that amount is but was sure there was an excess of the amount asked for.
Councilperson Duhart retorted that the questions she had were answered, but, in the future, could the City Manager include such information in the staff report for the public to be informed.
On a motion by Spicer, seconded by Darden, Resolution No. 26, 052, entitled ‘A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF COMPTON AUTHORIZING THE CITY MANAGER YO AMEND THE FISCAL YEAR 2023-2024 BUDGET APPROPRIATING
FUNDS FROM BALANCE AND ESTABLISH A PURCHASE ORDER WITH MARS ENVIRONMENTAL, INC FOR ENVIRONMENTAL DISPOSAL ($20, 025.75)’ was adopted by the following vote on roll call:
AYES: Council Members - Duhart, Spicer, Bowers, Darden, Sharif NOES: Council Members - None
ABSENT: Council Members – None
REGULAR AGENDA
CITY MANAGER’S REPORT
4. A REQUEST TO SCHEDULE A PUBLIC HEARING – TO AUTHORIZE THE SUBMISSION OF THE HUD-MANDATED 2024-2025 ANNUAL ACTION PLAN AND THE 2020-2024 CONSOLIDATED PLAN TO THE UNITED STATES
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) FOR
TUESDAY, JUNE 25, 2024 @ 5:45 P.M.
On a motion by Darden, seconded by Duhart, the hearing was scheduled for June 25, 2024, at 5:45 p.m. by the following vote on roll call:
AYES: Council Members - Duhart, Spicer, Bowers, Darden, Sharif NOES: Council Members - None
ABSENT: Council Members - None
5. A REQUEST TO RE-SCHEDULE THE 2024 FIREWORKS PUBLIC HEARING TO BE HELD ON JUNE 18, 2024 @ 5:35 P.M.
On a motion by Duhart, seconded by Darden, the firework’s public hearing, was scheduled for June 18, 2024, at 5:35 p.m. by the following vote on roll call:
AYES: Council Members - Duhart, Spicer, Bowers, Darden, Sharif NOES: Council Members - None
ABSENT: Council Members - None
6. A REQUEST TO SCHEDULE A PUBLIC HEARING FOR CHARGES RELATED TO
SOLID WASTE AND RECYCLABLE MATERIALS HANDLING SERVICES,
DELINQUENCIES TO BE COLLECTED ON THE LOS ANGELES COUNTY TAX ROLL FOR FISCAL YEAR 2024-2025 AND COMBINED OUTSTANDING BALANCES FOR TAX ROLL BILLING FOR FISCAL YEAR 2023-2024 Council Member Duhart wanted to know why delinquencies were there when this item is on the tax roll, and everything should be paid and current.
City Manager Hopkins gave clarity that this item was focused on some individual as well as some commercial trash accounts. The delinquencies would be added if they're not paid by the time the tax rolls were completed.
Dawn Benton, with Republic Services, clarified that the items that would be sent to the tax roll, the delinquent items, are primarily related to commercial and multifamily/apartment complexes four units and above.
Council Member Bowers inquired if they were already being collected on the tax roll.
Dawn Benton responded that commercial and multifamily/apartment complexes were not on the tax roll. They were being billed by Republic Services directly, but the request was that the delinquent taxes be placed on the tax roll.
On a motion by Duhart, seconded by Darden, the public hearing was scheduled for June 18, 2024, at 5:45 p.m. by the following vote on roll call:
AYES: Council Members - Duhart, Spicer, Bowers, Darden, Sharif NOES: Council Members - None
ABSENT: Council Members - None
CITY ATTORNEY'S REPORT
7. ORAL REPORT
City Attorney Perrodin reported that the City Council had authorized the following settlement in the past 90 days: Jerry Leggett versus the City of Compton, LA Superior Court Case No. 19STCV40919 settled for $3,975,000 and was dismissed on May 23rd, 2024.
Daren Rogers versus the City of Compton, et al. LA Superior Court Case No. 23CMCV00238 settled for 1,500 and was dismissed on April 16, 2024.
NEW BUSINESS
8. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AUTHORIZING THE CITY MANAGER TO ENTER INTO A FIVE (5) YEAR LEASE
AGREEMENT WITH ANGLES FOR SIGHT FOR THE LEASE OF CITY-OWNED PROPERTY LOCATED AT 920 NORTH ALAMEDA STREET
City Attorney Perrodin responded that he'd like to have the item pulled because some legal issues have arisen since the agenda was posted.
9. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AMENDING THE GENERAL SERVICES DEPARTMENT 2023-2024 FISCAL YEAR BUDGET TO APPROPRIATE $373,856.96 FROM THE INSURANCE RECOVERY
FUND AND ENTER INTO AN AGREEMENT AND ESTABLISH A PURCHASE ORDER TO VINCOR CONSTRUCTION, INC ($373,856.96)
On a motion by Darden, seconded by Duhart, Resolution No. 26,053 entitled ‘A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF COMPTON AMENDING THE GENERAL SERVICES DEPARTMENT 2023-2024 FISCAL YEAR BUDGET TO APPROPRIATE $373,856.96 FROM THE INSURANCE RECOVERY FUND AND ENTER INTO AN
AGREEMENT AND ESTABLISH A PURCHASE ORDER TO VINCOR
CONSTRUCTION, INC ($373,856.96)’ was adopted by the following vote on roll call:
AYES: Council Members - Duhart, Spicer, Bowers, Darden, Sharif NOES: Council Members - None
ABSENT: Council Members - None
10. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON
AUTHORIZING THE CITY MANAGER TO ISSUE A PURCHASE ORDER TO REPUBLIC SERVICES FOR ($58,000) TO PURCHASE TWO THOUSAND (2,000) TONS OF COMPOST & MULCH NEEDED TO HELP MEET THE SB 1383 ANNUAL PROCUREMENT TARGET GOAL OF FIVE THOUSAND EIGHTY-FOUR (5,084) TONS FOR FISCAL YEAR 2023-2024
Mayor Sharif inquired about the purchase of compost being by bid or just one business being selected.
City Manager Hopkins informed that the acquisition of this compost went through a formal solicitation, in February or March, and there were quotes from four vendors.
Republic Services was the cheapest of the two responsive bids. There were two unresponsive bids. Republic Services came in at $58,000, and CM Top Soil came in at $165,000. Hence, Republic Services was selected.
Mayor Sharif said the inquiry was because she wanted to know protocol for inquiry of different agencies, like the Sanitation Board District, whether they would be able to assist the city.
She suggested that's something the city could possibly look into in the future.
Council Member Spicer pointed out the difference of $113,000 in Republic's bid of 58,000 and CM's bid of 165,000. He inquired about the quality of mulch.
City Manager Hopkins explained that Republic is the primary source of this type of mulch, given the nature of their business.
Council Member Darden wanted the City Manager to summarize what is taking place with the resolution.
City Manager Hopkins informed that the resolution is for procuring compost and mulch for the purpose of combating climate change and reducing landfill methane emissions. Compost and mulch are used, in landscape, to enhance the landscape, saves water and reduces greenhouse gas emission.
He explained that all of this is in support of SB1383. The City is going to use the compost and mulch in the landscape. It will also be available for the City Departments, local businesses and Compton residents.
The product staging/distribution will be 700 Bullis Road. A posting on the City Web Site, in the City Hall Lobby, as well as the Dollarhide Center and City Council chambers will reflect the same information.
On a motion by Duhart, seconded by Spicer, Resolution No. 26,054 entitled ‘A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF COMPTON AUTHORIZING THE CITY
MANAGER TO ISSUE A PURCHASE ORDER TO REPUBLIC SERVICES FOR ($58,000) TO PURCHASE TWO THOUSAND (2,000) TONS OF COMPOST & MULCH NEEDED TO HELP MEET THE SB 1383 ANNUAL PROCUREMENT TARGET GOAL OF FIVE THOUSAND EIGHTY-FOUR (5,084) TONS FOR FISCAL YEAR 2023-2024’ was adopted by the following vote on roll call:
AYES: Council Members - Duhart, Spicer, Bowers, Darden, Sharif NOES: Council Members - None
ABSENT: Council Members – None
11. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AUTHORIZING THE CITY MANAGER TO AMEND THE FISCAL YEAR 2023-2024
BUDGET APPROPRIATING FUNDS FROM FUND BALANCE AND ESTABLISH A
PURCHASE ORDER WITH QUINN COMPANY TO PAY AN OUTSTANDING INVOICE AND FOR MAINTENANCE AND REPAIR SERVICES ($34,989.14) Council Member Duhart inquired as to how much money was budgeted in the Public Works Street Maintenance Department.
On a motion by Spicer, seconded by Duhart, Resolution No. 26,055 entitled ‘A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF COMPTON AUTHORIZING THE CITY MANAGER TO AMEND THE FISCAL YEAR 2023-2024 BUDGET APPROPRIATING
FUNDS FROM FUND BALANCE AND ESTABLISH A PURCHASE ORDER WITH
QUINN COMPANY TO PAY AN OUTSTANDING INVOICE AND FOR
MAINTENANCE AND REPAIR SERVICES ($34,989.14)’ was adopted by the following vote on roll call:
AYES: Council Members - Duhart, Spicer, Bowers, Darden, Sharif NOES: Council Members - None
ABSENT: Council Members - None
COUNCIL COMMENTS
Council Member Darden offered the following communication/announcements:
Participated in the City's audit committee meeting coordinated by the Controller's Office.
Thursday, May 23rd, attended the Compton Entertainment Chamber of Commerce monthly business mixer at the Crystal Crab House Restaurant and Hotel. It was streamed live online at the Compton Entertainment Channel. On Saturday the 25th, attended Sunny Cove Appreciation Breakfast for the Compton Fire Department.
Thanks to Sunny Cove Block Club and Bright Lights of Compton for showing the firefighters and EMTs appreciation for their services. On Saturday the 25th attended the Founders Day Program at Dollarhide Community Center coordinated by the 125 Historical Society.
On Thursday she will be attending the dedication ceremony of the new 2024 service fleet for Compton Fire Department.
On Friday the 31st she will be attending Fajitas Foundation for their first annual walk ride and roll to school day at Emerson Elementary School. The event is aimed at encouraging alternative modes of transportation and promoting physical activity.
On Friday the 31st she will be participating in the strategy and training with human trafficking organizations, elected officials and concerned community members at the Restoration Diversion Services located at 209 North Long Beach Boulevard, Compton, California.
The street outreach will begin at 7:00 p.m. and conclude at 10:00 p.m. The aim is to provide contact and support to the girls on Long Beach Boulevard, who are caught in the bondage of sexual exploitation.
Ms. Ruby Evans, a popular daycare provider, longtime resident in District 4, passed away. Formal service will be at the Proud Bird Restaurant 11022 Aviation Boulevard in Los Angeles, California. On Sunday, June 9th, 2024, from 2:00 p.m. to 8:00 p.m. The family ask that all attendees wear brightly colored clothing and preferably do not wear black colored clothing. The closing was in memory of Yolanda “Yollie” Hayes. Yollie was a longtime former employee with the City of Compton. Services are pending. Ms. Darden informed that the fencing, referred to earlier, at Temple and Long Beach Boulevard is owned by the successor agency. She has requested repair for over a year and a half. She will request an update on the fencing. Public safety: Whenever there's a situation encountered by employees, whether directly or indirectly, that surrounds public safety, the matter should be directed for resolution by the city.
If you see a pothole that is a possible danger, report it. If you see graffiti, litter, abandoned vehicles, et cetera please report it. The city must be active in the application of reporting safety, and a vanguard for a clean and beautiful City of Compton at large.
Residence, please call Republic Services at 800-299-4898 or the City's Municipal Services at (310) 605-5524, the Water Department for bulky item pickup, 48- hours’ notice, in advance of collection, need to be followed. All residents qualify for bulky item pick up on an ongoing on-call basis, once per quarter, free of charge. This is for a maximum of six hours, six items per collection. Bulky items: Chairs, sofa, mattresses, rugs, appliances, et cetera, so no hazardous materials or car parts are accepted.
Council Member Bowers offered the following communications/announcements:
This Friday, May 31st, a collaboration between elected officials, community resource agencies and community groups will conduct an initial outreach awareness and educational event towards first steps in addressing prostitution and sex traffic within the city.
It is the goal to fully eradicate this problem in the City of Compton. This undertaking requires support from the City Government, law enforcement and the community.
There will be progress reports, as this initiative develops, Friday at 7:00 p.m. at 208 North Long Beach Boulevard. Members of the community are welcome to come out and support this outreach.
Third District second quarter town hall meeting is scheduled for Saturday, June 8th from 10:00 to 12:00 at Burell Mac Donald Park. Speakers will be in attendance to address current topics within the city. All residents are welcome to attend to voice their concerns and be a part of creating solutions.
Council Member Spicer offered the following communications/announcements:
During the Compton dedication ceremony of the new 2024 service fleet on May 30th, 2024, between 1:00 p.m. and 4:00 p.m. The address is 201 S. Acacia Avenue at 1:00 o'clock. We'll have a meet and greet with the firefighters and at 2:00 there will be a dedication ceremony.
This Friday, May 31, there will be a know-your-rights meeting for those who are facing eviction. If you are served with a 3, 30, 60, 90 or 120-day notice, there will be resources for you as it relates to the eviction process, overview. There will be tenant rights and protection, tenant defense against evictions and housing resources at the Dollarhide Community Center May 31st between 2:00 and 5:00 p.m.
There will be a ribbon cutting of the new playground apparatus over at Wilson Park this Saturday, June 1st at 10:00 a.m.
The District 2 town hall meeting will take place June 19 at 6:00 p.m. at Dollarhide Community Center at 301 N. Tamarind Avenue. Details will be available on the City's Web Site and on social media.
Council Member Duhart offered the following communications/announcements:
On Wednesday, May 22 nd, she attended the Los Angeles County micro grant celebration where 100 recipients were selected to receive $500 to fund project dedicated to inspiring kindness throughout the community. Congratulations to all micro recipients especially those selected from Compton and is eager to support the recipients.
Attended Compton Youth Builds annual open house where the Impactful Bites Catering class demonstrated the art of making crepes. Thanks to Youth Build for pouring into the youth and providing them with valuable skills. On Saturday, May 25th, she cohosted Compton 136 founders’ day at Dollarhide Community Center. Thanks to everyone who came out and wished our great city a happy 136th birthday.
Extend a special thank you to the Compton 125 Historical Society for orchestrating a wonderful event and Council Woman Maxine Waters for attending, Senator Bradford for attending in honoring Compton's great legacy. Wednesday, May 29th, the American Dream hiring spree will be hiring individuals. The event is free and open to all. A picture ID is required to attend the event. The place is Los Angeles County Office of Education, the Ed Center West. The address is 12830 Columbia Way, Downey, California from 8:30 a.m. to 12 noon.
The available positions are as follows: Customer service, retail, administrative, security, nonprofit and more. Dress for success. Bring your resumés. Meet ready-to-hire employers. There will be on-the-spot interviews, supportive resources, expungement workshop, CalFresh Mobile Unit. If interested, contact area code (562) 922-6765 or [email protected].
Saturday, June 15th from 9:00 a.m. to 5:00 p.m. she will be cohosting the annual Juneteenth celebration in collaboration with Neighborhood Housing Service.
NHS is offering free mammograms for anybody interested. She is dedicated to ensuring that our community has access to this crucial service.
To schedule a screening call area code (909) 622-3166.
In closing, remember to eat, buy and shop in Compton.
Mayor Sharif offered the following communications/announcements:
Addressed the Long Beach Boulevard issue of prostitution that affects not only Compton but other cities as well.
She expressed a desire, along with Council Member Darden, to get information to collaborate with other cities regarding the problem of prostitution as it will affect other cities.
Counsel Woman Joni Oddie, City of Long Beach, is willing to work with the Compton City Council on the issue as well as Lynwood.
Council Member Bowers stated that some of the organizations in Long Beach use what is called Project Shield, out of Huntington Beach, Gems Uncovered, in Long Beach, Restoration Diversion Services, in Compton, to assist the girls. Monday, May 27th, was the celebration of Memorial Day. She gave honor to the men and women who served in the United States Military and given their lives to serve our country and for the freedom we all enjoy today. Wednesday, May 22nd, she had the opportunity to attend and engage on a panel in Magic Johnson Center regarding the LA County Homeless initiative and shared the positive impact that Pathway Home Program has had on the community and how instrumental collaboration has been in providing relief for many in need. The power of regional partnerships has been key for the City of Compton in providing homeless services for the community.
She enjoyed being there on Wednesday and having the opportunity to converse with like-minded leaders who are also concerned about bringing meaningful resources throughout L.A. County.
On Saturday May 25th Karen Harris and the Sunny Cove Block Club hosted a continental breakfast honoring the Compton firefighters and paramedics. Thanks to Ms. Harris and Sunny Cove Block Club for continued service. On Saturday, May 25, Compton Celebrated its 136th birthday in partnership with the Compton 125 Historical Society.
Thanked the sponsors, WRD, Walmart and Cake Cutter institute. Thanks for helping to make this event possible. Thank you, Compton 125, Historical Society for helping us keep the City of Compton's history alive. Upcoming events, save the date, Thursday, June 15th, Mayor's office will be hosting a Juneteenth Freedom Day expungement event with the Compton public defender's office at Dollarhide Community Center from 10:00 a.m. and 2:00 p.m.
Residents and neighboring cities allowed to receive free expungement services.
In closing, she thanked the residents of Compton for coming out.
ADJOURNMENT
On a motion by Duhart, seconded by Darden, the meeting was adjourned at 6:44 p.m. by the following vote on roll call:
AYES: Council Members - Duhart, Spicer, Bowers, Darden, Sharif NOES: Council Members - None
ABSENT: Council Members - None
______________________________________ ____________________________________
CITY CLERK OF THE CITY OF COMPTON MAYOR OF THE CITY OF COMPTON OCTOBER 24, 2023
The Compton City Council meeting was called to order at 4:30 p.m. by Mayor Emma Sharif in the Council Chambers of City Hall. The Moment of Silence Ceremony and Pledge of Allegiance was also led by Mayor Emma Sharif.
ROLL CALL
Council Members Present: A. Spicer, L. Darden, Mayor E. Sharif Council Members Absent: D. Duhart, J. Bowers
Other Officials Present: E. Perrodin, V. McDaniel, B. Mims, J. Groomes PUBLIC COMMENTS ON CLOSED SESSION ITEMS ONLY – There were no public comments on closed session items.
CLOSED SESSION
PENDING LITIGATION - QUINTERO V. DANIEL OLIVER, CITY OF COMPTON, ET AL., – LASC No. 22 STCV 12731 PURSUANT TO CODE SECTION 54956.9(d)(1) On motion by Darden, seconded by Spicer, to recess the City Council meeting to closed session at 4:36 p.m. by the following vote on roll call:
AYES: Council Members – Spicer, Darden, Sharif NOES: Council Members – None
ABSENT: Council Members – Duhart, Bowers
On motion by Darden, seconded by Spicer, to reconvene the City Council meeting at 5:35 p.m. by the following vote on roll call:
AYES: Council Members – Spicer, Bowers, Darden, Sharif NOES: Council Members – None
ABSENT: Council Members – Duhart
REPORT ON CLOSED SESSION ACTION(S)
City Attorney Perrodin reported out that City Council met in closed session regarding pending litigation - Quintero v. Daniel Oliver, City of Compton, et al., – LASC No. 22 STCV 12731 pursuant to Code Section 54956.9(d)(1). There was nothing to report.
COMMENDATORY RESOLUTIONS/PRESENTATIONS
1. PRESENTATION – DARRIN S. WARD, FIRST YEAR MEDICAL STUDENT AT CHARLES R. DREW UNIVERSITY OF MEDICINE AND SCIENCE-
COLLEGE OF MEDICINE (MAYOR EMMA SHARIF)
Mayor Sharif recognized Darrin S. Ward with a certificate of achievement for his commitment and dedication to realizing his lifelong dream of becoming a physician. Darrin holds a bachelor’s degree of science in psychology from UC Riverside and later earned a master’s degree in biomedical science from CDU.
PUBLIC COMMENTS ON AGENDA ITEMS AND NON-AGENDA MATTERS
Van Scott, The Garvey at 1434 Compton Boulevard, thanked the Mayor and City Council for taking the time to meet with them over the last month. He acknowledged the Council’s feedback and affirmed that he is confident that they will be satisfied with the outcome of the project.
Susan Adams, Vice President of the Concerned Citizens of Compton, commended Mayor Sharif and Councilperson Darden for their support as she mourned the loss of her husband. She made comments about airport noise and safety, graffiti removal and street takeovers. She also asked the City Council to consider adopting the Safe, Clean & Friendly adage coined by Benjamin Holifield.
2. Josh Childress, The Garvey at 1434 Compton Boulevard, thanked the Mayor and City Council for working with them over the past two years. Ms. Childress stated that Item Number Eight addresses an exemption from CEQA and an access agreement which will allow them to continue the development of the property.
Bishop Guillory asked that the meeting be adjourned in memory of Evelyn Wells.
Delores Taylor petitioned the Mayor and City Council to assist her apartment repairs due to the damages caused by Storm Hilary.
Mayor Sharif referred Ms. Taylor to her assistant.
Benjamin Holifield thanked the Public Works Department for cleaning up West Compton Boulevard. He commended the City Council for hosting a community event in October and thanked Susan Adams for her kind words.
Vanessa Cain requested the selling price for 1434 West Compton Boulevard and any concessions for nearby residents. She also asked the City Clerk to explain the difference between a special election, the general election and a recall.
Lynn Boone referenced Item Numbers Three, Four and Five and asked for a copy of an amended City Charter. She suggested that these resolutions be rewritten for lack of transparency. She made comments about the election and questioned why the City Clerk swore in Andre Spicer to the City Council Second District seat.
City Clerk McDaniel read Court Case No. 21 STCP 02372 Andre Spicer v. Issac Galvan. The document declared Andre Spicer elected to the Compton City Council Second District seat due to four illegal votes casted for Issac Galvan (854-851 total votes) pursuant to election code 16703.
The document is available for review in the City Clerk’s Office Mondays through Thursdays from 7:00am to 6:00pm.
Maria Villareal, President of the Latino Chamber of Commerce, stated that she was offended by the comments made by Martin Miller last week. She commented that she considers herself to be a productive member of society and does not believe that she is the blame for the destruction taking place in the City.
Claudia Miranda, Vice President of the Latino Chamber of Commerce, asked the City Council to address the remarks made by Martin Miller during last week’s meeting. She commented that the Latino community makes up sixty nine percent of Compton and they believe that they are not wanted here and being blamed for pre-existing concerns.
Rene Vines, Compton Brotherhood, petitioned the City Council to use the campfire grounds to host a community event.
Kefe Alex asked the City Manager to explain the process used to recruit talented professionals for vacant classified positions.
Rodney Lister asked the City Manager if the Planning Department notifies residents about developments being built within a half mile radius of their homes. He also requested an update on the amended budget.
Mayor Sharif advised Mr. Lister to contact the City Manager’s Office.
Miller Martin referenced a conversation he had with Maria Villa Real regarding her primary focus on the Latino community. He asked the Mayor and City Council to select one chamber of commerce to serve all businesses, in an effort to attract multi-million-dollar businesses operated by small business owners.
CONSENT AGENDA
On motion by Darden, seconded by Spicer, the Consent Agenda was approved by the following vote on roll call:
AYES: Council Members – Spicer, Bowers, Darden, Sharif NOES: Council Members – None
ABSENT: Council Members – Duhart
APPROVAL OF MINUTES
2. April 4, 2023 - (Approved)
CITY CLERK
3. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COMPTON
CALLING FOR THE HOLDING OF A PRIMARY NOMINATING, GENERAL
MUNICIPAL AND SPECIAL ELECTION TO BE CONSOLIDATED WITH THE
STATEWIDE PRESIDENTIAL PRIMARY AND GENERAL ELECTION ON
TUESDAY, MARCH 5, 2024 AND TUESDAY, NOVEMBER 5, 2024
RESPECTIVELY, FOR THE ELECTION OF CERTAIN MUNICIPAL OFFICERS
AS REQUIRED BY THE PROVISIONS OF THE CITY CHARTER (ORDINANCE #2,356)
Councilperson Bowers asked the City Clerk to explain why the special election is being held in March 2024 instead of November 2024.
City Clerk McDaniel stated that because the City Attorney and City Council seat(s) have unexpired terms and the candidates are finishing those terms – the upcoming election is considered a special election to be consolidated with the statewide primary and general election.
Councilperson Bowers asked the City Clerk to explain the request for a million-dollar budget.
City Clerk McDaniel stated that they are adding vote centers and drop boxes for this election which has increased the cost of the election.
Councilperson Bowers requested the difference between a vote center and drop boxes.
City Clerk McDaniel explained that some residents like the convenience of dropping off their ballots whereas others prefer to vote in person. Ms. McDaniel also noted that the City Council adopted the budget which includes the 2023-2024 City Clerk’s budget to conduct the 2024 election based on an analysis of prior elections.
Councilperson Bowers articulated his support for all-mail ballot elections exclusively.
City Clerk McDaniel mentioned that she was asked by council to add a vote center in District Four to accommodate the community.
4. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON
CALLING FOR THE HOLDING OF AN ALL-MAIL BALLOT, PRIMARY
NOMINATING, GENERAL MUNICIPAL AND SPECIAL ELECTION TO BE HELD ON TUESDAY, MARCH 5, 2024 AND TUESDAY, NOVEMBER 5, 2024,
RESPECTIVELY, FOR THE ELECTION OF CERTAIN MUNICIPAL OFFICERS (RESOLUTION NO. 25,918)
5. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON
REQUESTING THE LOS ANGELES COUNTY BOARD OF SUPERVISORS TO
RENDER ELECTION SERVICES TO THE CITY OF COMPTON, RELATING TO
THE CONDUCT OF A PRIMARY NOMINATING, GENERAL MUNICIPAL AND SPECIAL ELECTION TO BE HELD ON TUESDAY, MARCH 5, 2024 AND NOVEMBER 5, 2024 RESPECTIVELY (RESOLUTION NO. 25,919)
REGULAR AGENDA
NEW BUSINESS
6. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON
AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT AND ISSUE A PURCHASE ORDER WITH LOCALITY MEDIA, INC. DBA FIRST
DUE TO UPDATE, FURNISH AND DELIVER A CLOUD/INTERNET-BASED
RECORDS MANAGEMENT SOFTWARE (RMS) FOR THE FIRE DEPARTMENT ($44,550.00)
On motion by Spicer, seconded by Darden, Resolution Number 25,920 entitled “A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON
AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT AND ISSUE A PURCHASE ORDER WITH LOCALITY MEDIA, INC. DBA FIRST DUE TO
UPDATE, FURNISH AND DELIVER A CLOUD/INTERNET-BASED RECORDS MANAGEMENT SOFTWARE (RMS) FOR THE FIRE DEPARTMENT ($44,550.00)” was adopted by the following vote on roll call:
AYES: Council Members – Spicer, Bowers, Darden, Sharif NOES: Council Members – None
ABSENT: Council Members – Duhart
7. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON FIXING
THE EMPLOYER CONTRIBUTION RATE AT AN EQUAL AMOUNT FOR
EMPLOYEES AND ANNUITANTS UNDER THE PUBLIC EMPLOYEES’
MEDICAL AND HOSPITAL CARE ACT
On motion by Darden, seconded by Spicer, Resolution Number 25,921 entitled “A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON FIXING THE
EMPLOYER CONTRIBUTION RATE AT AN EQUAL AMOUNT FOR EMPLOYEES AND ANNUITANTS UNDER THE PUBLIC EMPLOYEES’ MEDICAL AND HOSPITAL CARE ACT” was adopted by the following vote on roll call:
AYES: Council Members – Spicer, Bowers, Darden, Sharif NOES: Council Members – None
ABSENT: Council Members – Duhart
8. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON DECLARING THAT CERTAIN PROPERTY LOCATED AT 1434 W. COMPTON
BOULEVARD IN THE CITY OF COMPTON IS EXEMPT SURPLUS LAND PURSUANT TO GOVERNMENT CODE SECTIONS 54221(b) AND
54221(f)(1)(A), APPROVING A RIGHT OF ENTRY AND ACCESS AGREEMENT
BETWEEN THE CITY AND LANDSPIRE GROUP LLC WITH RESPECT TO THE
PROPOSED SALE OF THE PROPERTY TO LANDSPIRE GROUP LLC AND THE
DEVELOPMENT OF AN AFFORDABLE HOUSING PROJECT THEREON,
FINDING THAT THIS ACTION IS EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA), AND TAKING RELATED
ACTIONS
Councilperson Bowers asked the City Manager to explain the process used to notify residents about proposed developments.
Cecil Flouronoy, Community Development Director, stated that residents are notified about proposed developments in their neighborhood through public hearings.
Councilperson Darden inquired about next steps if the soil is contaminated.
Mr. Flouronoy confirmed that there are remedies to remediating the site, such as the removal of contaminated soil and adding cleaner soil so that it is inhabitable for residents.
Councilperson Darden expressed a concern for the number of parking spaces provided for this project.
On motion by Bowers, seconded by Spicer, Resolution Number 25,922 entitled “A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON DECLARING THAT CERTAIN PROPERTY LOCATED AT 1434 W. COMPTON BOULEVARD IN
THE CITY OF COMPTON IS EXEMPT SURPLUS LAND PURSUANT TO
GOVERNMENT CODE SECTIONS 54221(b) AND 54221(f)(1)(A), APPROVING A
RIGHT OF ENTRY AND ACCESS AGREEMENT BETWEEN THE CITY AND
LANDSPIRE GROUP LLC WITH RESPECT TO THE PROPOSED SALE OF THE
PROPERTY TO LANDSPIRE GROUP LLC AND THE DEVELOPMENT OF AN
AFFORDABLE HOUSING PROJECT THEREON, FINDING THAT THIS ACTION IS
EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA), AND TAKING RELATED ACTIONS” was adopted by the following vote on roll call:
AYES: Council Members – Spicer, Bowers, Sharif NOES: Council Members – Darden
ABSENT: Council Members – Duhart
COUNCIL COMMENTS
Councilmember Spicer offered the following communications/announcements:
Announced the “Second District Baby Supplies Giveaway” scheduled to be held on Wednesday, October 25 beginning at 11:00am. The event will offer diapers, toys, clothing, car seats, highchairs, 3D and 4D ultrasounds. Commented on the success of the Compton Initiative & Bright Lights of Compton Community Clean-Up event.
Councilmember Bowers offered the following communications/announcements:
Announced the American Red Cross “Compton Sound the Alarm” event scheduled to be held on Saturday, November 4. Residents must sign-up for free fire alarm installation. For more information call (310) 445-9914 or go to www.redcross.org/lahomefire.
Invited the residents to apply for the Pacific Asian Consortium Employment (PACE) “Household Water Assistance for Low-Income Families Program.” For more information contact Alicia Thompson at (310) 605-5612.
Invited the residents to attend the “Third District Pumpkin Patch” scheduled to be held on Sunday, October 29 at Walter Tucker Park from 3:00pm to 6:00pm. There will be games, contests and more.
*Councilperson Spicer out at 6:48pm.
Councilmember Darden offered the following communications/announcements:
Commented on the success of the Community Clean-Up held in the Second District and the Earring & T-Shirt Preparation Workshop.
Invited the seniors to attend the “Urban Western Hoe-Down Dance” scheduled to be held on Thursday, November 16 at Dollarhide starting at 11:00am. Invited the community to attend the “Financial Health Workshop” scheduled to be held on Wednesday, October 25 at Dollarhide starting at 6:00pm. Announced the “Compton Entertainment Chamber of Commerce Business Mixer” scheduled to be held on Thursday, October 26 at Crystal Crab House starting at 6:00pm.
Invited the residents to attend the “Fourth District Townhall” meeting scheduled to be held on Saturday, October 28 at Kelly Park. Topics will include the following:
Homebuying, Republic Service Compost and Essentials, Compton Sheriff's Department District Four Crime Update and Street Improvement Update. Requested the meeting be adjourned in memory of Evelyn Marie Adams, the wife of former Assistant City Manager Lawrence Adams.
Mayor Sharif offered the following communications/announcements:
Encouraged the residents to attend the Mayor & City Council “Halloween Festival” scheduled to be held on Friday, October 27 at Dollarhide starting at 5pm. For more information call (424) 344-0961
Announced the Mayor & City Council “Thanksgiving Turkey Giveaway” scheduled to be held on Sunday, November 19 at the Martin Luther King Jr. Memorial starting at 12:00pm. For more information call (424) 344-0961.
Invited the residents to apply for a position on the Supreme Court of Los Angeles County Civil Grand Jury. For more information call (424) 344-0961. The deadline to apply is November 9.
Commented on the success of the 2023 Taste of Soul.
Encouraged the residents to go to the Greater Zion Church Family “Harvest Festival” will be held on Tuesday, October 31 at 2408 North Wilmington Avenue from 6:00pm to 9:00pm.
ADJOURNMENT
On motion by Bowers, seconded by Darden, the meeting was adjourned in memory of Evelyn Marie Adams at 6:57 p.m. by the following vote on roll call:
AYES: Council Members – Bowers, Darden, Sharif NOES: Council Members – None
ABSENT: Council Members – Duhart, Spicer
___________________________________ ___________________________________
CITY CLERK OF THE CITY OF COMPTON MAYOR OF THE CITY OF COMPTON June 25, 2024
TO: MAYOR AND CITY COUNCIL
FROM: VICTOR OROZCO, CHIEF BUILDING OFFICIAL
BUILDING AND SAFETY DEPARTMENT
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COMPTON AUTHORIZING THE CITY MANAGER TO ISSUE A
PURCHASE ORDER TO GOVCONNECTION INC. FOR
COMPUTER EQUIPMENT FOR THE BUILDING AND SAFETY
DEPARTMENT IN AN AMOUNT NOT TO EXCEED $763.36.
SUMMARY
This resolution authorizes the City Manager to issue a purchase order to GovConnection, Inc. in an amount not to exceed $763.36.
BACKGROUND
On November 9, 2023 the Building and Safety Department established a Purchase Order in the amount of $9,873.12 to cover the expenses of replacing outdated computers, iPads, and a desktop printer for the Department staff.
Upon the receipt of the computer related equipment, staff determined that the incorrect iPads were ordered and had to be replaced. The iPads received were wi-fi only and would only work within City Hall utilizing the City’s wi-fi internet connection. For that reason, new iPads were ordered that would allow the Building Inspectors to have the ability to review, input, and open files from the field. The breakdown is as follows:
Original Order – Invoice No. 74753715
(3) 10.9 iPad Cell 64GB Silver $599.00/ea $1,229.83
(3) iPad cases $189.05/ea $ 567.17
(3) State Environmental Fee $4.00/ea $ 12.00
Tax $ 184.19
Total $1,993.19
Invoice Credit No. 17005641
(1) 10.9 iPad Cell 64GB Silver Credit ($1,229.83) Amount Due $ 763.36
3.3. Staff Report - GovConnection, Inc.
June 25, 2024
page 2 of 2
A credit was issued in the amount of $1,229.83 by the vendor for the original iPads. However, during this period of replacement, GovConnection Inc., expenditures exceeded the City Manager’s $25,000 authority.
STATEMENT OF THE ISSUE
Staff is requesting that the City Manager be authorized to issue a purchase order in the amount of $763.36 to cover the final payment for the computer equipment.
Therefore, in order to make the final payment, City Council’s authorization is necessary.
FISCAL IMPACT
Funds not to exceed $763.36 are available in the Building and Safety FY 23-24 budget in Account No. 1001-770-000-4336:
ALTERNATIVE
No other alternative is recommended.
RECOMMENDATION
Staff recommends that the City Council authorize the City Manager to issue a purchase order to GovConnection, Inc. in an amount not to exceed $763.36.
VICTOR OROZCO, CHIEF BUILDING OFFICIAL
BUILDING AND SAFETY DEPARTMENT
APPROVED FOR FORWARDING
WILLIE A. HOPKINS, JR
CITY MANAGER
WH:VO:RR
RESOLUTION NO. ____________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON
AUTHORIZING THE CITY MANAGER TO ISSUE A PURCHASE ORDER TO GOVCONNECTION INC. FOR COMPUTER EQUIPMENT FOR THE BUILDING AND SAFETY DEPARTMENT IN AN AMOUNT NOT TO EXCEED $763.36.
WHEREAS, this resolution authorizes the City Manager to issue a purchase order to GovConnection, Inc. in an amount not to exceed $763.36; and WHEREAS, on November 9, 2023 the Building and Safety Department established a Purchase Order in the amount of $9,873.12 to cover the expenses of replacing outdated computers, iPads, and a desktop printer for the Department staff; and
WHEREAS,upon the receipt of the computer related equipment, staff determined that the incorrect iPads were ordered and had to be replaced, and WHEREAS, the iPads received were wi-fi only and would only work within City Hall utilizing the City’s wi-fi internet connection and for that reason, new iPads were ordered that would allow the Building Inspectors to have the ability to review, input, and open files from the field; and
WHEREAS,the breakdown is as follows:
Original Order – Invoice No. 74753715
(3) 10.9 iPad Cell 64GB Silver $599.00/ea $1,229.83
(3) iPad cases $189.05/ea $ 567.17
(3) State Environmental Fee $4.00/ea $ 12.00
Tax $ 184.19
Total $1,993.19
Invoice Credit No. 17005641
(1) 10.9 iPad Cell 64GB Silver Credit ($1,229.83) Amount Due $ 763.36
;and
WHEREAS, a credit was issued in the amount of $1,229.83 by the vendor for the original iPads and during this period of replacement, GovConnection Inc., expenditures exceeded the City Manager’s $25,000 authority; and
WHEREAS, staff is requesting that the City Manager be authorized to issue a purchase order in the amount of $763.36 to cover the final payment for the computer equipment; and
WHEREAS, therefore, in order to make the final payment, City Council’s authorization is necessary; and
WHEREAS, funds not to exceed $763.36 are available in the Building and Safety FY 23-24 budget in Account No. 1001-770-000-4336; and
WHEREAS, Staff recommends that the City Council authorize the City Manager to issue a purchase order to GovConnection, Inc. in an amount not to exceed $763.36; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COMPTON DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1.That the City Manager is hereby authorized to issue a Purchase Order to GovConnection, Inc for computer equipment for the Building and Safety Department in an amount not to exceed $763.36 from Account No. 1001-770-000-4336.
Resolution No. ______
SECTION 2.Funds not to exceed $763.36 are available in the Building and Safety FY 23-24 budget in Account No. 1001-770-000-4336.
SECTION 3.That a purchase order in the amount of Seven Hundred Sixty-Three Dollars, Thirty-Six Cents ($763.36) for computer equipment for Building and Safety Department.
SECTION 4.That copies of this Resolution shall be filed in the offices of the City Manager, City Controller, City Clerk, City Attorney and the Building and Safety Department.
SECTION 5.That the Mayor shall sign and the City Clerk shall attest to the adoption of this Resolution.
ADOPTED this ___ day of _______________, 2024.
________________________________
MAYOR OF THE CITY OF COMPTON
ATTEST:
____________________________________
CITY CLERK OF THE CITY OF COMPTON
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF COMPTON: ss
I, Vernell McDaniel, City Clerk of the City of Compton, hereby certify that the foregoing Resolution was adopted by the City Council 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 MEMBERS –
NOES: COUNCIL MEMBERS –
ABSTAIN: COUNCIL MEMBERS –
ABSENT: COUNCIL MEMBERS –
____________________________________
CITY CLERK OF THE CITY OF COMPTON
June 25, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: COMMUNITY DEVELOPMENT DEPARTMENT
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON
AUTHORIZING THE CITY MANAGER TO ENTER INTO A
PROFESSIONAL SERVICE AGREEMENT WITH AND ESTBALISH A
PURCHASE ORDER FOR B-ADAIR CONSULTING & ADMINISTRATIVE
SERVICES TO PROVIDE GRANT FINANCIAL RECONCILIATION
($24,900.00)
SUMMARY
Adoption of this resolution will authorize the City Manager to enter into a six (6) month (May 2024 through November 2024) professional services agreement with B-Adair Consulting & Services to provide grant financial reconciliation services and establish a purchase order in the amount of Twenty-Four Thousand Nine Hundred dollars ($24,900.00).
BACKGROUND
Having administered the City’s federal grant programs in various capacities over the last twenty years, B-Adair Consulting & Services has specialized knowledge needed to administer these grants, including IDIS and DRGR access. Additionally, she has a master’s degree in public administration and she has assisted over 30 cities with similar tasks. The scope of work contained herein takes into consideration a familiarity with and past experience working with the City of Compton CDBG, HOME and NSP funded programs.
Because of prior invoices being paid out of this fiscal year B-Adair Consulting and Services has reached the $25,000 threshold. However, the Grants Division is in need of her services to assist in the financial reconciliation of prior CDBG, HOME and NSP projects that she may have worked on.
STATEMENT OF THE ISSUE
Staff request authorization for the City Manager to enter into a service agreement with B- Adair Consulting and Services for financial reconciliation for CDBG and HOME grant programs for the City of Compton, Grants Division.
4.4.4. Staff Report – Resolution Authorizing B-Adair Consulting & Services Agreement June 25, 2024, page 2 of 2
FISCAL IMPACT
Funds in the amount of $24,900.00 are available in the Grants Division Fiscal Year budget in Account NO. 2800-540-M11-4266
RECOMMENDATION
Staff recommends that the City Council adopt the attached Resolution.
TURMEL WOODS
GRANTS COMPLIANCE MANAGER
APPROVED FOR FORWARD
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 WITH AND ESTBALISH A
PURCHASE ORDER FOR B-ADAIR CONSULTING & ADMINISTRATIVE
SERVICES TO PROVIDE GRANT FINANCIAL RECONCILIATION
($24,900.00)
WHEREAS, adoption of this resolution will authorize the City Manager to enter into a six (6) month (May 2024 through November 2024) professional services agreement with B-Adair Consulting & Services to provide grant financial reconciliation services and establish a purchase order in the amount of Twenty-Four Thousand Nine Hundred dollars ($24,900.00); and
WHEREAS, having administered the City’s federal grant programs in various capacities over the last twenty years, B-Adair Consulting & Services has specialized knowledge needed to administer these grants, including IDIS and DRGR access; and WHEREAS, additionally, she has a master’s degree in public administration and she has assisted over 30 cities with similar tasks. The scope of work contained herein takes into consideration a familiarity with and past experience working with the City of Compton CDBG, HOME and NSP funded programs; and
WHEREAS, because of prior invoices being paid out of this fiscal year B-Adair Consulting and Services has reached the $25,000 threshold. However, the Grants Division is in need of her services to assist in the financial reconciliation of prior CDBG, HOME and NSP projects that she may have worked on; and
WHEREAS, staff request authorization for the City Manager to enter into a service agreement with B-Adair Consulting and Services for financial reconciliation for CDBG and HOME grant programs for the City of Compton, Grants Division.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COMPTON DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1.That the City Manager, on the advice and approval of the City Attorney is hereby authorized to enter into a six (6) month agreement with B-Adair Consulting & Services for financial reconciliation for HUD programs, such as CDBG and HOME for the Grants Divisions.
SECTION 2.That funds for services rendered during the 2023-2024 fiscal Year have been appropriated in the Grants Division 2023-2024 Fiscal year Budget (account no. 2800-540-M11-4266), in the amount of Twenty-Four Thousand Nine Hundred dollars ($24,900.00)
SECTION 3.That a purchase order in the amount of $24,900.00 is authorized to be established for B-Adair Consulting & Services for financial reconciliation for CDBG and HOME grant programs from Account No. 2800-540-M11-4266.
SECTION 4.That a copy of this Resolution shall be filed in the offices of the City Manager, City Attorney, City Controller, and the City Clerk.
SECTION 5.That the Mayor shall sign and the City Clerk shall attest to the adoption of this Resolution.
ADOPTED this ________ day of ___________________, 2024. ________________________________
Resolution No. __________
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 MEMBERS-
NOES: COUNCIL MEMBERS-
ABSENT: COUNCIL MEMBERS-
ABSTAIN: COUNCIL MEMBERS-
____________________________________
CITY CLERK OF THE CITY OF COMPTON
RESOLUTION NO. _______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON
AUTHORIZING THE CITY MANAGER TO EXECUTE AN INSURANCE
BINDER WITH ALLIANT INSURANCE SERVICES FOR RENEWAL OF
THE CITY’S INSURANCE POLICY PORTFOLIO FOR FISCAL YEAR
2024-2025 AND FINANCE AGREEMENTS FOR FISCAL YEAR 2024-
2025
WHEREAS, the City of Compton (“City”) maintains an insurance portfolio to protect the interests and assets of the City; and
WHEREAS, the City’s insurance policy portfolio consists of coverage for Dial-A-Ride Auto, Excess General Liability, Excess Workers’ Compensation, Crime, Directors and Officers/Employment Liability, Auto Physical Damage, Property, Pollution Liability, Excess Cyber Security, Difference in Conditions, Deadly Weapon Response and Sports General Liability; and WHEREAS, the City’s policies identified above expire June 30, 2024; and WHEREAS, it is vital that these policies are bound prior to July 1, 2024 to avoid interruptions in coverage for Fiscal Year 2024-2025; and WHEREAS, in order to bind the insurance policies, the City Manager will need the City Council’s authorization to execute an insurance binder with the City’s insurance broker, Alliant Insurance Services (“Alliant”), for renewal of the following policies of insurance for Fiscal Year 2024-2025; and
WHEREAS, the City will arrange a payment plans with insurance financing companies, among them First Insurance Funding, for renewal of the policies for Fiscal Year 2024-2025, which will include a finance charges of $53,801 to First Insurance Funding and $7,410.00 to another insurance financing company; and WHEREAS, certain special events held by City Council members are not covered under the insurance identified above and quotes must be obtained for each event on an event by event basis; and
WHEREAS, Staff recommends an additional amount of $5,000 be include for insurance premiums to cover the cost of City Council special events; and WHEREAS, funding for these expenditures will be available in the 2024- 2025 Fiscal Year budget of the City Manager’s Office.
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 execute an insurance binder with Alliant Insurance Services for the renewal and purchase of the following insurance policies: Dial-A-Ride Auto, Excess General Liability, Excess Workers’ Compensation, Crime, Directors and Officers/Employment Liability, Auto Physical Damage, Property, Pollution Liability, Excess Cyber Security, Difference in Conditions, Deadly Weapon Response and Sports General Liability.
Section 2. That a total of purchase order(s) in the amount of $3,948,193.71 is authorized for the payment of the City’s insurance portfolio.
Section 3. That a total of purchase order(s) in the amount of $2,142,193.71 is authorized to be issued to Alliant Insurance Services and/or First Insurance Funding for the insurance premium plus finance charge.
5.5.5. Resolution No. ____________
Section 4.That a total of purchase order(s) in the amount of $1,806,000.00 is authorized to be paid to the insurance financing company that will finance the excess liability insurance through PRISM.
Section 5. That funds for these expenditures will be available in the 2024- 2025 Fiscal Year budget in the following account numbers:
Insurance policy renewals:
Account No. Description
6400 510 000 4268 Insurance Liability $3,672,660.70
6300 510 000 4268 Workers’ Compensation 341,744.00 $4,014,404.70
Section 6.That a certified copy of this Resolution will be filed in the offices of the City Manager, City Attorney, City Clerk and City Controller.
Section 7.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:
AYES: COUNCIL MEMBERS-
NOES: COUNCIL MEMBERS-
ABSENT: COUNCIL MEMBERS-
ABSTAINS: COUNCIL MEMBERS-
____________________________________
CITY CLERK OF THE CITY OF COMPTON
June 25, 2024
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: CITY MANAGER
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COMPTON AUTHORIZING THE CITY MANAGER TO EXECUTE
AN INSURANCE BINDER WITH ALLIANT INSURANCE
SERVICES FOR RENEWAL OF THE CITY’S INSURANCE POLICY
PORTFOLIO FOR FISCAL YEAR 2024-2025 AND FINANCE
AGREEMENTS FOR FISCAL YEAR 2024-2025
SUMMARY
The City Council will consider adopting a resolution authorizing the City Manager to execute an insurance binder with the City’s insurance broker, Alliant Insurance Services (“Alliant”), for renewal of the following policies of insurance for Fiscal Year 2024-2025: Dial-A-Ride Auto, Excess General Liability, Excess Workers’ Compensation, Crime, Directors and Officers/Employment Liability, Auto Physical Damage, Property, Pollution Liability, Excess Cyber Security, Difference In Conditions, Deadly Weapon Response and Sports General Liability.
Staff is recommending that the Council authorize the issuance of a purchase order to Alliant and/or First Insurance Funding Corporation (“First Insurance”) for the cost of the insurance premiums and finance charge. The insurance premiums for the coverage listed above is $3,948,193.71. This is an increase of $663,693.73 from the premium for FY 2023-2024. The financing of the costs of the premium for all lines of insurance indicated above is $61,211. As in the past, the financing agreement will require a down payment and then three additional payments. A separate agreement will be obtained for the financing of the excess liability coverage through PRISM.
BACKGROUND
The City of Compton is currently insured for the policies listed above through June 30, 2024. The Crime policy insures the City against crimes of theft or fraud that could be perpetrated by employees, while Directors and Officers/Employment Liability insurance protects management and elected officials against judgments and in the defense of lawsuits that may be filed against the City for claims such as discrimination.
Staff Report – Resolution Authorizing Renewal of
Insurance Coverage of Various Policies for FY 2024-2025 June 18, 2024, page 2
The City maintains Excess General Liability insurance to offset payment of any liability claim filed against the City in excess of the City’s self-insured retention level of $1,000,000.00. Property insurance is necessary to insure coverage to the City’s property against damages that may occur such as fire or business interruption, and Difference in Conditions insurance covers damage to the City’s property in the event of earthquake or flood. Excess Workers’ Compensation Insurance covers the City in the event a workers’ compensation claim exceeds the City’s self-insured retention level of $1,000,000.00, while Athletics Liability covers parks and recreation athletic events. However, over-night camping events, pyrotechnics (fireworks), and events that include animal rides and skateboarding events are excluded from the Athletics Liability policy due to the inherent risks. Additionally, entertainment events which include celebrities are also excluded and separate insurance quotes must be obtained for each event and paid for outside of the premiums identified herein.
The City’s Dial-A-Ride vehicles are insured through the Auto Physical Damage policy, although coverage for the Dial-A-Ride vehicles is limited to within 100 miles from the City Hall parking lot. Commercial Auto Physical Damage insurance covers losses to all scheduled vehicles in the City’s fleet.
The Deadly Weapon Response Program insures against incidents involving active shooters (such that we saw with San Bernardino County employees in 2015). The Excess Cyber option shores up our current cybersecurity coverage to guard against the increased expenses associated with damage to City infrastructure.
The pollution liability coverage is added onto the City’s existing property insurance coverage and protects the City against liability for sewage leaks and the release into the environment of dangerous materials.
STATEMENT OF ISSUE
It is routine for municipalities to maintain the types of insurance coverage described above to protect all municipal interests. The City’s insurance policies will expire on June 30, 2024; thus, it is vital to renew these policies in order to continue the protections afforded thereby. Consolidating policies in this way tends to guarantee that major coverage, such as excess general liability, property, earthquake, flood and excess workers’ compensation, are managed without the worry or hazards of lapses in coverage periods.
The insurance industry constantly reviews individual as well as national client loss statistics and compares them against and with other factors to determine rates.
Negative factors affecting the City’s insurance portfolio over the last few years include, but are not limited to the increase in employment liability claims, legal liability claims, training issues, staff accountability issues, personnel turnover and significant storm damage claims. Positive factors affecting the City’s insurance portfolio include increased efficient claims reporting, effective risk analysis and Staff Report – Resolution Authorizing Renewal of
Insurance Coverage of Various Policies for FY 2024-2025 June 18, 2024, page 3
coverage choices, positive claims experience in our policies such as Dial-A-Ride Auto, and Excess Workers’ Compensation.
This year, rates have increased overall by approximately 18.48%, which can be attributed to an increase in the premiums for general liability and property liability according to our insurance broker. The City maintains a $1,000,000 self-insured retention (SIR) whereas many municipalities have increased their SIR to $5,000,000. In addition, there has been an increase in the premium for cyber security coverage.
Business practices, including staff accountability issues, are the types of conditions that tend to increase claims loss experience and drive premium costs upward.
Increased accountability including oversight and training assists in lowering claims which could equate to lower premiums.
FINANCIAL IMPACT
The total insurance premium for the policies of insurance specified above for Fiscal Year 2024-2025 (i.e. July 1, 2024 through June 30, 2025), is $3,948,193.71 plus $53,801 funding finance charges to First Insurance Funding and an addition $7,410.00 to another insurance financing company. In addition, Staff recommends an additional $5,000.00 to cover the cost of insuring City Council events ($4,014,404.70).
Funds for the renewal of these insurance policies will be available in the 2024- 2025 Fiscal Year budget of the City Manager’s Office as follows:
Account No. Description
6400 510 000 4268 Insurance Liability $3,672,660.70 6300 510 000 4268 Workers’ Compensation 341,744.00 $4,014,404.70
RECOMMENDATION
It is recommended that the City Council adopt the attached Resolution.
DESMOND FLETCHER
RISK MANAGER
APPROVED FOR FORWARDING:
WILLIE A. HOPKINS, JR.
CITY MANAGER
NAME City of Compton
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ADDRESS 205 S. Willowbrook Avenue
INSURANCE AGENT NAME Robert Lowe
INSURANCE AGENT PHONE 213-270-0145
INSURANCE COMPANY Alliant Insurance
INSURANCE COMPANY PHONE 949-756-0271
TOTAL ESTIMATED VALUE ON ALL ITEMS $3,794,392.73
Additional Named
Insured DBA Name
Insurance Policies Type of Coverage Policy # Carrier Effective Date Pure Premium-
Excluding Taxes
and Fees
EXPIRING 23-24
Pure Premium-
Excluding Taxes
and Fees 2
Additional Named
Insured Applicable
Named Insured If
Answer Marked No
Coverages- Policy Limits,
Deductible, etc.
PKG Package-APIP TBD Various 7/1/24-7/1/25 $663,693.73 $538,278.00 Tab 1 CR-S Crime TBD
Fidelity and Deposit Company of
Maryland 7/1/24-7/1/25 $21,505.00 $20,086.00 Tab 2
XSWC
Excess Workers
Compensation - Self
Insured on WC TBD Safety National Casualty Corporation 7/1/24-7/1/25 $341,744.00 $283,928.00 Tab 4 ATAD&D
Athletic Participants
AD&D TBD
National Union Fire Insurance
Company of Pittsburgh, PA 7/1/24-7/1/25 $14,044.00 $7,700.00 Tab 5 D&O Directors and Officers TBD
Westchester Surplus Lines Insurance
Co 7/1/24-7/1/25 $446,310.00 $436,259.00 Tab 6
DIC
Difference in Conditions -
Primary - Coaction TBD Gotham Insurance Company 7/1/24-7/1/25 $172,270.00 $162,000.00 Tab 7 XSDIC # 1
Excess Earthquake -
Difference in Conditions-
Arch TBD Arch Specialty Insurance Company 7/1/24-7/1/25 $114,000.00 $107,000.00 Tab 8 XSDIC # 2
Excess Earthquake -
Difference in Conditions-
Golden Bear TBD Golden Bear Insurance Company 7/1/24-7/1/25 $121,154.00 $119,643.00 Tab 9 XSDIC # 3
Excess Earthquake -
Difference in Conditions-
Landmark TBD
Landmark American Insurance
Company 7/1/24-7/1/25 $75,000.00 $70,000.00 Tab 10
WPV
Deadly Weapon
Response Program TBD Underwriters at Lloyd’s of London 7/1/24-7/1/25 $6,304.00 $6,296.00 Tab 11 GLM
General Liability - Sports
GL TBD
Vantapro Specialty Insurance
Company 7/1/24-7/1/25 $12,368.00 $6,756.00 Tab 12
EXC
PRISM General Liability 2
Program TBD
Public Risk Innovation, Solutions, and
Management (PRISM) 7/1/24-7/1/25 $1,806,000.00 $1,388,884.00 Tab 13 Total 12
City of Compton
Named Insured
City of Compton, and it wholly or majority owned subsidiaries and any interest which may now exist or hereinafter be created or acquired which are owned, controlled or operated by any one or more of those named insureds Locations Covered
See Schedule of Locations
Please note the coverages are summarized for illustration purposes and are not meant to be representative of all the terms and conditions.
APIP
7/1/24-7/1/25
Total Insured Values $285,692,245
Limits of Insurance Limit of Insurance
Property
Per Occurrence: all Perils, Coverages (subject to policy exclusions ) and all Named Insureds (as defined in the policy) combined, per Declaration, regardless of the number of Named Insureds, coverages, extensions of coverage, or perils insured, subject to the following per occurrence and/or aggregate sublimits as noted below. $400,000,000
Flood Limit - Per Occurrence and in the Annual Aggregate (for those Named Insured(s) that purchase this optional dedicated coverage) $5,000,000
Per Occurrence and in the Annual Aggregate for scheduled locations in Flood Zones A & V (inclusive of all 100 year exposures). This Sub-limit does not increase the specific flood limit of liability for those Named Insured(s) that purchase this optional dedicated coverage Not Covered
Earthquake Shock - Per Occurrence and in the Annual
Aggregate (for those Named Insured(s) that purchase this optional dedicated coverage) Not Covered
Per Occurrence for losses to locations in Tier 1 and/or Tier 2 Counties and resulting from a Named Windstorm. Not Applicable Combined Business Interruption, Rental Income and Tuition Income (and related fees). However, if specific values for such coverage have not been reported as part of the Named Insured's schedule of values held on file with Alliant Insurance Services, Inc., this sub-limit amount is limited to $500,000 per Named Insured subject to maximum of $2,500,000 Per Occurrence, Per Declaration for Business Interruption, Rental Income and Tuition Income combined. Coverage for power generating plants is excluded, unless otherwise specified $100,000,000
Extra Expense $50,000,000
$10,000,000 Miscellaneous Unnamed Locations for Named
Insureds with total insurable values greater than or equal to $250,000,000 at time of binding or $5,000,000 Miscellaneous Unnamed Locations for Named Insureds with total insurable values less than $250,000,000 at time of binding excluding Earthquake coverage for Alaska and California locations. If Flood coverage is purchased for scheduled locations, this extension will extend to include Flood coverage for any location not situated in Flood Zones A or V. Vacant properties are sublimited to $2,500,000.
Per Bound TIV
Extended Period of Indemnity 180 days
City of Compton
$50,000,000, or a Named Insured's Policy Limit of Liability if less than $50,000,000, Automatic Acquisition for 120 days except:
- $25,000,000 Automatic Acquisition for 90 days for new submember and/or entity of an existing Pools, JPA or Group; - $25,000,000 Automatic Acquisition for 90 days for Vacant properties;
- $10,000,000 Automatic Acquisition for 120 days for Licensed Vehicles;
- $2,500,000 Automatic Acquisition for 60 days for additional property and/or interests in Tier 1 Wind Counties, Parishes and Independent Cities for the states of Virginia, North Carolina, South Carolina, Georgia, Alabama, Mississippi, Louisiana, Texas and/or situated anywhere within the states of Florida and Hawaii;
- The peril of Earthquake is excluded for the states of Alaska and California;
- If Flood coverage is purchased for all scheduled locations, this extension will extend to include Flood coverage for any location not situated in Flood Zones A or V. See Policy Provisions Unscheduled Landscaping, tees, sand traps, greens, athletic fields and artificial turf and further subject to $25,000 / 25 gallon maximum per item for existing Named Insureds excluding
Earthquake coverage for Alaska and California locations. If Flood coverage is purchased for scheduled locations, this extension includes Flood coverage for any location not situated in Flood Zones A or V $1,000,000
or 110% of the scheduled values, whichever is greater, for Scheduled Landscaping, tees, sand traps, greens, athletic fields and artificial turf and further subject to $25,000 / 25 gallon maximum per item $5,000,000
or 120% of the scheduled values, whichever is less, for Scheduled Landfills (as more fully defined in the policy). $5,000,000 Errors & Omissions - This extension does not increase any more specific limit stated elsewhere in this policy or Declarations $50,000,000 Course of Construction and Additions (including new) for projects with completed values not exceeding the sub-limit shown. Projects valued greater than $15,000,000 require underwriting approval and a premium charge. $25,000,000 Money & Securities for named perils only as referenced within the policy, however fraudulent impersonation, fraudulent instruction or similar events are excluded. $500,000
Unscheduled Fine Arts $2,500,000
Accidental Contamination per occurrence and annual aggregate per Named Insured with $500,000 annual aggregate for all Named Insureds per Declaration $250,000
City of Compton
Unscheduled infrastructure including but not limited to Tunnels, Bridges, Dams, Catwalks (except those not for public use), Roadways, Highways, Streets (including guardrails), Sidewalks (including guardrails), Culverts, Channels, Levees, Dikes, Berms, Embankments, Street Lights, Traffic Signals, Meters, Roadways or Highway Fencing, and all similar property unless a specific value has been declared. Unscheduled infrastructure coverage is excluded for the peril of Earthquake and excluded for Federal Emergency Management Agency (FEMA) and/or
Office of Emergency Services (OES) declared disasters, providing said declaration provides funding for repairs $750,000 Increased Cost of Construction due to the enforcement of building codes/ ordinance or law (includes All Risk and Boiler & Machinery) except $2,500,000 for vacant properties. $50,000,000 Transit - Physical Damage only $25,000,000
Unscheduled Animals; not to exceed $50,000 per Animal, per Occurrence $2,500,000
Unscheduled Watercraft up to 27 feet $2,500,000
Per Occurrence for Off Premises Vehicle Physical Damage Included Off Premises Services Interruption including Extra Expense resulting from a covered peril at non-owned/operated locations $25,000,000 Per Occurrence Per Named Insured subject to an Annual
Aggregate of $10,000,000 for Earthquake Shock on Licensed Vehicles, Unlicensed Vehicles, Contractor's Equipment and Fine Arts combined for all Named Insured(s) in this Declaration combined that do not purchase optional dedicated Earthquake Shock coverage, and/or where specific values for such items are not covered for optional dedicated Earthquake Shock coverage as part of the Named Insured's schedule of values held on file with Alliant Insurance Services, Inc. $5,000,000
Per Occurrence Per Named Insured subject to an Annual
Aggregate of $10,000,000 for Flood on Licensed Vehicles, Unlicensed Vehicles, Contractor's Equipment and Fine Arts combined for all Named Insured(s) in this Declaration combined that do not purchase optional dedicated Flood coverage, and/or where specific values for such items are not covered for optional dedicated Flood coverage as part of the Named Insured's schedule of values held on file with Alliant Insurance Services, Inc. $5,000,000
Contingent Business Interruption, Contingent Extra Expense, Contingent Rental Values and Contingent Tuition Income
separately $3,000,000
Tax Revenue Interruption – Per Policy Provisions. However, if specific values for such coverage have not been reported as part of the Named Insured’s schedule of values held on file with Alliant Insurance Services, Inc., this sub-limit amount is limited to $1,000,000 Per Occurrence – Per Policy Provisions $3,000,000 Jewelry, Furs, Precious Metals and Precious Stones Separately $500,000 Claims Preparation Expenses $1,000,000
Expediting Expenses $50,000,000
Personal Property Outside of the USA $1,000,000
Per Occurrence Per Declaration Upgrade to Green Coverage subject to the lesser of, the cost of upgrade, an additional 25% of the applicable limit of liability shown in the schedule of values or this sub limit $5,000,000
For Communicable Disease Not Covered
Per Occurrence while in Storage and In Transit coverage subject to $10,000 Deductible for Unmanned Aircraft as more fully defined in the Policy. Not Covered while in Flight $100,000 City of Compton
Per Occurrence with a $1,000,000 Annual Aggregate per
Declaration for Mold/Fungus Resultant Damage as more fully defined in the policy $100,000
Ingress/Egress Per Occurrence, Per Named Insured for the actual loss sustained during the period of time not exceeding 30 days when, as a direct result of physical loss or damage caused by a covered peril(s) specified by this Policy and occurring at property located within a 10 mile radius of covered property, ingress to or egress from the covered property by this Policy is prevented. $100,000,000
Interruption By Civil Authority Per Occurrence, Per Named Insured for the actual loss sustained during the period of time not exceeding 30 days when, as a direct result of physical loss or damage caused by a covered peril(s) specified by this Policy and occurring at property located within a 10 mile radius of covered property, access to the covered property is specifically prohibited by order of a civil authority. $100,000,000
Electronic Data Processing Media $10,000,000
The following stand-alone coverages are provided by the APIP program but are not covered in the Limit of Liability or the Sub-Limits of Liability above or attached to the Master Policy Form Wording. Carriers providing these coverages are included in the Schedule of Carriers.
Per Named Insured Per Occurrence subject to $200,000,000 Annual Aggregate of Declarations 1-14, 18-30 and 32-35
combined as respects Property Damage, Business Interruption, Rental Income and Extra Expense Combined for Terrorism
(Primary Layer) $100,000,000
Per Occurrence Deductible for Primary Terrorism $10,000 Per Named Insured for Terrorism (Excess Layer) subject to $600,000,000 Per Occurrence, All Named Insureds combined in Declarations 1- 14, 18-21, 23-30 and 32-35 for Terrorism (Excess Layer) subject to $1,100,000,000
Annual Aggregate shared by all Named Insureds combined in Declarations 1-14, 18-21, 23-30 and 32-35, as respects Property Damage, Business Interruption, Rental Income and Extra
Expense combined for Terrorism (Excess Layer) $1,400,000,000 Per Occurrence Deductible for Excess Terrorism (Applies only if the Primary Terrorism Limit is exhausted) $500,000
Information Security & Privacy Insurance with Electronic Media Liability Coverage. See attached Cyber Coverage Document for applicable Limits. (Cyber Liability) If, insured purchases such coverage Included
Per Named Insured, Per occurrence subject to an Annual
Aggregate of $50,000,000 combined for Declarations 1-14, 1830 and 32-35 as respects Personal and Real property
for Cyber Attack Resultant Damage.
$25,000,000
Pollution Liability Insurance Coverage. See attached Pollution Liability Insurance Coverage Document for applicable limits and deductibles. If, insured purchases such coverage Included Boiler & Machinery
Boiler Explosion and Machinery Breakdown, (for those Named Insureds that purchase this optional dedicated coverage) as respects Combined Property Damage and Business
Interruption/Extra Expense (Including Bond Revenue Interest Payments where Values Reported and excluding Business
Interruption for power generating facilities unless otherwise specified). Limit includes loss adjustment agreement and electronic computer or electronic data processing equipment with the following sub-limits $100,000,000
Jurisdictional and Inspections Included
Per Occurrence for Service/Utility/Off Premises Power
Interruption $10,000,000
City of Compton
Per Occurrence for Consequential Damage/Perishable
Goods/Spoilage Included
Per Occurrence for Electronic Data Processing Media and Data Restoration $10,000,000
Per Occurrence, Per Named Insured and in the Annual
Aggregate per Declaration for Earthquake Resultant Damage for Named Insureds who purchase Dedicated Earthquake
Coverage.
$2,000,000
Per Occurrence for Hazardous Substances / Pollutants /
Decontamination $10,000,000
Per Occurrence for Machine or Apparatus used for Research, Diagnosis, Medication, Surgical, Therapeutic, Dental or Pathological Purposes Included
Automatic Acquisition for Boiler & Machinery values at newly acquired locations. Values greater than 25,000,000 or Power Generating Facilities must be reported within 120 days and must have prior underwriting approval prior to binding $25,000,000 Cyber
Lloyd’s of London - Beazley Syndicates 2623
- 623;
Liberty Surplus Insurance Corporation
Associated Industries Insurance Company,
Inc.
Annual Policy and Program Aggregate Limit of Liability (subject to policy exclusions) for all Insureds/Members combined (Aggregate for all coverage’s combined, including Claims Expenses), subject to the following sub-limits as noted $55,000,000 Annual Aggregate Limit of Liability for each Insured/Member (Aggregate for all coverages combined, including Claim
Expenses) subject to the following sub-limits as noted $2,000,000 Breach
Response
Aggregate Limit of Liability for each Insured/Member (Limit is increased to $1,000,000 if Beazley Nominated Services
Providers are used) $500,000
First Party Loss
Business Interruption and Dependent Business Interruption Aggregate Sublimit - Aggregate Limit of Liability for each Insured/Member $750,000
Business Interruption Loss Resulting from Security Breach- Aggregate Limit of Liability for each Insured/Member $750,000 Business Interruption Loss Resulting from System Failure - Aggregate Limit of Liability for each Insured/Member $500,000 Dependent Business Loss Resulting from Security Breach - Aggregate Limit of Liability for each Insured/Member $750,000 Dependent Business Loss Resulting from System Failure - Aggregate Limit of Liability for each Insured/Member $100,000 Cyber Extortion Loss - Aggregate Limit of Liability for each Insured/Member $750,000
Data Recovery Costs - Aggregate Limit of Liability for each Insured/Member $750,000
Liability
Data & Network Liability - Aggregate Limit of Liability for each Insured/Member for all Damages and Claims Expenses $2,000,000 Regulatory Defense & Penalties - Aggregate Limit of Liability for each Insured/Member $2,000,000
Payment Card Liabilities & Costs - Aggregate Limit of Liability for each Insured/Member $2,000,000
City of Compton
Media Liability - Aggregate Limit of Liability for each Insured/Member for all Damages and Claims Expenses $2,000,000 eCrime
Fraudulent Instruction - Aggregate Limit of Liability for each Insured/Member $75,000
Funds Transfer Fraud - Aggregate Limit of Liability for each Insured/Member $75,000
Telephone Fraud - Aggregate Limit of Liability for each Insured/Member $75,000
Criminal Reward Aggregate Limit of Liability for each Insured/Member $25,000 Endorsements
Reputational Loss - Aggregate Limit of Liability for each Insured/Member $200,000
Computer Hardware Replacement Costs - Aggregate Limit of Liability for each Insured/Member $200,000
Claims Preparation Costs for Reputation Loss Claims Only - Aggregate Limit of Liability for each Insured/Member $50,000 Invoice Manipulation - Aggregate Limit of Liability for each Insured/Member $100,000
Cryptojacking - Aggregate Limit of Liability for each
Insured/Member $50,000
Pollution Ironshore Specialty Insurance Company
Policy Program Aggregate (all insureds combined) $25,000,000 Per Pollution Incident $2,000,000
Per Named Insured Aggregate $2,000,000
Per JPA/Pool Aggregate $2,000,000
Sub-Limits Disinfection Event Expenses Per Pollution Incident* $100,000 Disinfection Event Expenses Program Aggregate* $100,000 Image Restoration Expenses Per Pollution Incident* $250,000 Image Restoration Expenses Program Aggregate* $250,000
Mold Matter Loss, Business Interruption and Extra Expense Program Aggregate* $2,000,000
Mold Matter Restoration Costs Program Aggregate* $1,000,000 Legionella Per Named Insured Aggregate* $1,000,000
Sewer Backup or Overcharge Program Aggregate* $1,000,000 Lead or Lead Containing Materials Program Aggregate* $2,000,000 Any Punitive, Exemplary and Multiplied Damages and Civil Fines, Penalties and Assessments* $250,000
Products Pollution and Exposure Liability Per Pollution Incident* $2,000,000 Products Pollution and Exposure Liability Program Aggregate* $5,000,000 Contractor’s Pollution Per Pollution Incident - Herbicide, Insecticide, Pesticide Applications Only* $1,000,000
Contractor’s Pollution Per Pollution Incident - All other Operations* $2,000,000
Contractors Pollution Program Aggregate* $5,000,000
Wildfire Program Aggregate Sublimit* $5,000,000
*Note: the above sub-limits payable under this coverage do not increase and are not in addition to the applicable limit of liability.
Deductibles / Retention
Property
"All Risk" - Per Occurrence, which will apply in the event a more specific deductible is not applicable to a loss $25,000 City of Compton
Per Occurrence for Flood Zones A & V (inclusive of all 100 year exposures) Not Covered
All Flood Zones Per Occurrence excluding Flood Zones A & V $100,000 for losses to locations in Tier 1 and/or 2 Counties and resulting from a Named Windstorm. Not Applicable
Earthquake Shock: If the stated deductible is a flat dollar amount, the deductible will apply on a Per Occurrence basis, unless otherwise stated. If the stated deductible is on a percentage basis, the deductible will apply Per Occurrence on a Per Unit basis, as defined in the policy form, subject to the minimum deductible per occurrence Not Covered
Per Occurrence for Specially Trained Animals $1,000
Per Occurrence for Unscheduled infrastructure including but not limited to Tunnels, Bridges, Dams, Catwalks (except those not for public use), Roadways, Highways, Streets (including guardrails), Sidewalks (including guardrails), Culverts, Channels, Levees, Dikes, Berms, Embankments, Street Lights, Traffic Signals, Meters, Roadways or Highway Fencing, and all similar property unless a specific value has been declared.
Unscheduled infrastructure coverage is excluded for the peril of Earthquake and excluded for Federal Emergency Management Agency (FEMA) and/or Office of Emergency Services (OES) declared disasters, providing said declaration provides funding for repairs $500,000
Per Vehicle or Item for Licensed Vehicles, Unlicensed Vehicles and Contractor's Equipment subject to $100,000 Maximum Per Occurrence, Per Named Insured for the peril of Earthquake for Named Insured(s) who do not purchase dedicated Earthquake limits $10,000
Per Occurrence Per Named Insured for this Declaration for Fine Arts for the peril of Earthquake for Named Insured(s) who do not purchase dedicated Earthquake limits $50,000
Per Vehicle or Item for Licensed Vehicles, Unlicensed Vehicles and Contractor's Equipment subject to $100,000 Maximum Per Occurrence, Per Named Insured for the peril of Flood for Named Insured(s) who do not purchase dedicated Flood limits $10,000 Per Occurrence Per Named Insured for this Declaration for Fine Arts for the peril of Flood for Named Insured(s) who do not purchase dedicated Flood limits $50,000
Waiting Period for Service Interruption for All Perils and Coverages 24 Hour
of Annual Tax Revenue Value per Location for Tax Interruption 2.5% City of Compton
Waiting Period for Ingress/Egress 24 Hour
Waiting Period for Civil Authority 24 Hour
Per Occurrence for Off Premises Vehicle Physical Damage. If Off-Premises coverage is included/purchased, the stated deductible will apply to vehicle physical damage both on and offpremises on a Per Occurrence basis, unless otherwise stated.
If Off-Premises coverage is not included, On-Premises/In-Yard coverage is subject to the All Risk (Basic) deductible. $10,000 Vehicle Valuation Basis Actual Cash Value
Per Occurrence for Contractor's Equipment Not Covered
Per Occurrence for Water Damage $100,000
Boiler & Machinery
Except as shown for Specific Objects or Perils $10,000
Electronic Data Processing Media $10,000
Consequential Damage $10,000
Objects over 200 hp, 1,000 KW/KVA/Amps or Boilers over 5,000 square feet of heating surface $10,000
Objects over 350 hp, 2,500 KW/KVA/Amps or Boilers over
10,000 square feet of heating surface $50,000
Objects over 500 hp, 5,000 KW/KVA/Amps or Boilers over
25,000 square feet of heating surface $100,000
Objects over 750 hp, 10,000 KW/KVA/Amps or Boilers over 75,000 square feet of heating surface $250,000
Objects over 25,000 hp, 25,000 KW/KVA/Amps or Boilers over 250,000 square feet of heating surface $350,000
Deep Water Wells 10 per foot / $2,500 Minimum
Business Interruption/Extra Expense Except as noted below 24 Hours Business Interruption - Revenue Bond 30 Days
Waiting Period Utility Interruption 24 Hours
5 x 100% of Daily Value Business Interruption - All objects over 750 hp or 10,000 KW/KVA/Amps or 10,000 square feet heating surface
5 x 100% of Daily Value Business interruption - All Objects at Waste Water Treatment Facilities and All Utilities
Cyber
CSU Auxiliary Organizations only TBD
Per Claim for each Member/Insured with Total Insured Value (TIV) greater than $250,000,000 and up to $750,000,000 at the time of policy inception $100,000
Waiting period for Dependent/Business Interruption Loss 8 Hour Pollution
Each Pollution Incident After July 1, 2021 $250,000
Each Pollution Incident Prior to July 1, 2021 $500,000
Any payments for covered loss paid by other insurance shall also be applied against the deductible amount.
Specific
Deductibles Disinfection Event Expenses $250,000
Image Restoration Expenses $250,000
Products Pollution and Exposure Liability $250,000
Covered Operations $250,000
Mold Matter (*or $50,000 per room impacted, whichever is greater – a room is considered equal to 250 sq ft of floor space, healthcare and hospitality locations only) $350,000
City of Compton
Legionella $500,000
Sewer Backup or Overcharge deductible $500,000
Underground Storage Tanks (less than 25 years old) $500,000 Underground Storage Tanks (more than 25 years old) $1,000,000 Wildfire Deductible $1,000,000
Premium: $538,278.00
Premium including taxes and Fees: $560,160.25
**please note the above descriptions are for illustration purposes only, please refer to the policy and endorsements for full details and descriptions. Please contact us for any question, concerns, or coverage interests you may have. Signature X_____________________ City of Compton
Please note the coverages are summarized for illustration purposes and are not meant to be representative of all the terms and conditions.
Crime
Fidelity and Deposit Company of Maryland 7/1/24-7/1/25
Limits of Insurance Limit of Insurance
Employee Theft - Per Loss Coverage $1,000,000
Employee Theft - Per Employee Coverage Not Covered
Forgery or alteration $1,000,000
Outside the premises $1,000,000
Inside the Premises - Theft of Money and Securities $1,000,000 Inside the Premises - Robbery or safe Burglary of Other Property $1,000,000
Money Orders and Counterfeit Money $1,000,000
Computer And Funds Transfer Fraud $1,000,000
Add Faithful Performance of Duty Coverage for Government Employees
Employee Theft- Per Loss Coverage $1,000,000
Fraudulent Impersonation Endorsement
Fraudulent Impersonation $250,000
Deductible $10,000
Except:
Fraudulent Impersonation $50,000
Premium: $20,086.00
**please note the above descriptions are for illustration purposes only, please refer to the policy and endorsements for full details and descriptions. Please contact us for any question, concerns, or coverage interests you may have. Signature X___________________________ City of Compton
Please note the coverages are summarized for illustration purposes and are not meant to be representative of all the terms and conditions.
XS WC
Safety National Casualty Corporation 7/1/24-7/1/25
Limits of Insurance Limit of Insurance
Maximum Limit of Indemnity Per Occurrence $10,000,000
Employers' Liability Maximum Limit of Indemnity Per Occurrence $1,000,000 Self-Insured Retention Per Occurrence for Presumptive Loss $1,500,000 Self-Insured Retention Per Occurrence for All Other $1,000,000 Total Payroll $26,527,906
Premium Rate $1.1024 per $100 of Payroll
Minimum Premium $307,570.00
Deposit Premium $341,744.00
**please note the above descriptions are for illustration purposes only, please refer to the policy and endorsements for full details and descriptions. Please contact us for any question, concerns, or coverage interests you may have. Signature X_______________________ City of Compton
Please note the coverages are summarized for illustration purposes and are not meant to be representative of all the terms and conditions.
AD&D
National Union Fire Insurance Company of Pittsburgh, PA 7/1/24-7/1/25 Limit of Insurance Limit of Insurance
Aggregate limit $500,000
Accidental Death Benefit Class I $5,000
Accidental Dismemberment Benefit Class I $5,000
Accidental Medical Expense Benefit
Overall Accident Medical Expense $25,000
Deductible $250
Dental Maximum Amount per tooth $250
Premium: $14,044.00
**please note the above descriptions are for illustration purposes only, please refer to the policy and endorsements for full details and descriptions. Please contact us for any question, concerns, or coverage interests you may have. Signature X______________________ City of Compton
Please note the coverages are summarized for illustration purposes and are not meant to be representative of all the terms and conditions.
Directors and Officers
Westchester Surplus Lines Insurance Co 7/1/24-7/1/25
Limits Limit of Insurance
Limit of Liability $2,000,000 /$2,000,000
Retention
A. Public Officials Liability - Each Claim $0
B. Public Entity Reimbursement & Public Entity Liability - Each Claim $250,000
C. Employment Practices Liability - Each Claim $250,000 Extended Reporting Period
Additional Premium 100% of Annual Premium
Additional Period 12 Months
Crisis Management Fund $25,000
Premium: $436,259.00
Premium including taxes and Fees $460,502.66
**please note the above descriptions are for illustration purposes only, please refer to the policy and endorsements for full details and descriptions. Please contact us for any question, concerns, or coverage interests you may have. Signature X______________________ City of Compton
City of Compton
Locations Covered
205 S Willowbrook Ave And As Per Schedule Compton LOS ANGELES CA 90220 Please note the coverages are summarized for illustration purposes and are not meant to be representative of all the terms and conditions.
DIC - Primary - Earthquake Only
Gotham Insurance Company 7/1/24-7/1/25
Building Coverages Limit of Insurance
Total Insured Value $229,463,454
Limit of Insurance
Each Occurrence $5,000,000
Aggregate Limit $5,000,000
Sublimits of Insurance
Ordinance or Law - Coverage A Included
Coverage B and C Combined Limit of Insurance $5,000,000 Utility Services $2,500,000
Blanket Sub-Limit of Insurance $100,000
Business Income Extended Period of Indemnity 180 Days
Off Premises Power-Indirect Damage $2,500,000
Primary Deductible
Per Occurrence - Earthquake
10% per Unit of lnsurance;
Minimum $100,000
Business Income Waiting Period
AOP 72 hours
Minimum Earned Premium 35%
Premium: $172,270.00
Premium including taxes and Fees $178,348.19
**please note the above descriptions are for illustration purposes only, please refer to the policy and endorsements for full details and descriptions. Please contact us for any question, concerns, or coverage interests you may have. Signature X________________________ City of Compton
Locations Covered
As per schedule on file received on 06/07/2023
Please note the coverages are summarized for illustration purposes and are not meant to be representative of all the terms and conditions.
DIC # 1 - Including Flood & Earthquake
Arch Specialty Insurance Company 7/1/24-7/1/25
Limit of Insurance
Limit of Insurance $5,000,000
Part of $5M - Layer XS of $5M
Per Occurrence and in the Annual Aggregate
as Respects: Earthquake, Flood
Deductible
Earthquake
10% per Unit of insurance per occurrence,
subject to $100,000 minimum
Flood - Per occurrence $50,000
Minimum Earned Premium 25%
Premium: $114,000.00
Premium including taxes and Fees $117,625.20
**please note the above descriptions are for illustration purposes only, please refer to the policy and endorsements for full details and descriptions. Please contact us for any question, concerns, or coverage interests you may have. Signature X________________________ City of Compton
Locations Covered
As per schedule on file
Please note the coverages are summarized for illustration purposes and are not meant to be representative of all the terms and conditions.
DIC # 2 - Including Earthquake & Flood Excluding EQSL
Golden Bear Insurance Company 7/1/24-7/1/25
Limit of Insurance
Limit of Insurance $10,000,000
Part of $10M - Layer XS of $10M
Per Occurrence and in the Annual Aggregate
as Respects: Earthquake, Flood, Excluding
EQSL
Deductible
Earthquake - Per Occurrence Per Primary, Subject to 10.00% Deductible Flood - Per occurrence Per Primary, Subject to $50,000 Deductible Other Perils Not Covered
Minimum Earned Premium 25%
Premium: $121,154.00
Premium including Fees $121,679.00
**please note the above descriptions are for illustration purposes only, please refer to the policy and endorsements for full details and descriptions. Please contact us for any question, concerns, or coverage interests you may have. Signature X________________________ City of Compton
Locations Covered
As per schedule on file
Please note the coverages are summarized for illustration purposes and are not meant to be representative of all the terms and conditions.
DIC # 4 - Earthquake and Flood
Landmark - RSUI 7/1/24-7/1/25
Limit of Insurance
Limit of Insurance $5,000,000
Part of $5M - Layer XS of $20M
Per Occurrence & Annual Aggregate
Applying Separately to Flood &
Earthquake
Remarks
In addition to underlying limits, this coverage
attaches excess of primary
deductibles.
Total Insurable Values $229,463,454
Minimum Earned Premium 35%
Premium: $75,000.00
Premium including taxes and Fees
**please note the above descriptions are for illustration purposes only, please refer to the policy and endorsements for full details and descriptions. Please contact us for any question, concerns, or coverage interests you may have. Signature X________________________ City of Compton
Please note the coverages are summarized for illustration purposes and are not meant to be representative of all the terms and conditions.
Deadly Weapon Response Program
Underwriters at Lloyd’s of London 7/1/24-7/1/25
Limit of Insurance
Limit of Insurance
Each and Every Deadly Weapon Event including Claims
Expenses $500,000
Aggregate Limit $500,000
Sublimits of Insurance
1st Party Property Damage – Each and every event
depending on option bound $500,000
Crisis Management Services - specified in endorsement $250,000 Crisis Management Services – unspecified $250,000
Counseling Services
$250,000
($15,000 per person maximum)
Funeral Expenses
$250,000
($15,000 per person maximum)
Business Interruption $250,000
Demo/Clearance/Memorialization $250,000
Extra Expense $250,000
Threat $250,000
Transit Extension – Response Fees for events associated with reported rolling stock exposures $250,000
Per Person for Medical Expenses $25,000
with a $500,000 annual aggregate
Per Person Accidental Death and Dismemberment
$50,000
with a $500,000 annual aggregate
Circumstantial Costs for Prevention
Services ($0 Deductible) Included
Deductible
Each and every Deadly Weapon Event including Claims
Expenses $10,000
Retroactive Date 7/1/2020
Minimum Earned Premium 25%
Premium: $6,304.00
Premium including taxes and Fees $6,504.47
**please note the above descriptions are for illustration purposes only, please refer to the policy and endorsements for full details and descriptions. Please contact us for any question, concerns, or coverage interests you may have. Signature X________________________ City of Compton
City of Compton
Please note the coverages are summarized for illustration purposes and are not meant to be representative of all the terms and conditions.
General Liability - Sports GL
Vantapro Specialty Insurance Company 7/1/24-7/1/25
Each Occurrence Limit $1,000,000
Personal & Advertising Injury Limit - Any one person or organization $1,000,000
General Aggregate Limit (Other than Products /
Completed Operations) $3,000,000
Products-Completed Operations Aggregate Limit $1,000,000 Damage to Premises Rented to You Limit $300,000
Medical Expense Limit Excluded
Abuse or Sexual Molestation Occurrence Limit $100,000
Abuse or Sexual Molestation Aggregate Limit $300,000
Deductible Not Applicable
Premium: $12,368.00
Premium including Fees $12,468.00
**please note the above descriptions are for illustration purposes only, please refer to the policy and endorsements for full details and descriptions. Please contact us for any question, concerns, or coverage interests you may have. Signature X________________________ Please note the coverages are summarized for illustration purposes and are not meant to be representative of all the terms and conditions.
PRISM General Liability 2 Program
Public Risk Innovation, Solutions, and Management (PRISM) Limit of Insurance
Per occurrence, offense or wrongful act and annual
aggregates as respects completed operations
Retentions
Member Self-Insured Retention
per occurrence, offense or wrongful act
Member Corridor Retention
per occurrence, offense or wrongful act act and annual
aggregate in excess of the self-insured retention stated above
Premium:
Premium including Fees
**please note the above descriptions are for illustration purposes only, please refer to the policy and endorsements for full details and descriptions. Please contact us for any question, concerns, or coverage interests you may have. 7/1/23-7/1/24
$25,000,000
$1,000,000
$0
$1,347,808.00
$1,388,884.00
Signature X________________________
Please note the coverages are summarized for illustration purposes and are not meant to be representative of all the terms and conditions.
PRISM General Liability 2 Program
June 25, 2024
TO: MAYOR AND CITY COUNCIL
FROM: CITY CLERK
SUBJECT: FIREWORKS APPLICATIONS (APPROVAL)
According to Compton Municipal Code Section (CMC) 22-2.3, Charitable organizations, associations, or corporations may sell safe and sane fireworks upon first obtaining a permit from the City of Compton. Organizations are selected through a random drawing conducted by the City Clerk’s Office.
Eleven (11) applications were submitted to operate the 2024 fireworks stand. The city allows for twelve (12) fireworks stands. Five (5) applications returned this year from holding a one (1) year lottery slot. This will be their second year, which will conclude the two-year lottery slot. Six (6) new applicants are filling vacant spots for the first time. Below is the list of second-year applicants as well as first-year applicants for this year's fireworks approval.
Section 22-2.8 of the CMC gives the City Council sole discretion to grant or deny a permit to sell safe and sane fireworks. The criteria for making such a decision are listed in CMC sections 22-
2.8(a) through 22-2.8(g).
It is the Staff’s recommendation that the following organizations be approved for 2024 fireworks stand after they have passed a fire inspection by the Compton Fire Department:
1. Curry Temple C.M.E. Church (2 nd year)
2. KDS & Associates (2 nd year)
3. Light of the World Church (2 nd year)
4. New Holy Trinity Baptist Church (2 nd year)
5. Victory Outreach (2 nd year)
6. Dominguez Samoan Congregational Christian Church (2 nd year)
7. Sports Bring Peace ( 1 st year)
8. St James AME Church Youth Department ( 1 st year)
9. Inner City Child Development & Youth ( 1 st year)
10. Mount Hebron Baptist Church (1st year)
Vernell McDaniel
City Clerk
7.7. Chapter 22
FIRE PREVENTION AND PROTECTION
Editor's Note: Prior ordinance history includes portions of Ordinance Nos. 856, 1021, 1155, 1412, 1429, 1444, 1522, 1524, 1534, 1727, 1728, 1880, 1893, 1908, 1914, 1969, 1974, 2033, 2058, 2074, 2138 and 2194. § 22-1. FIRE PREVENTION CODE.
§ 22-1.1. Title. [Ord. #2232, § 1]
This section shall be known as the "Fire Prevention Code of the City of Compton" and may be cited as such. § 22-1.2. Adoption of the California Fire Code. [Ord. #2232, § 2; amended 10-26-2021 by Ord. No. 2339] That certain document known as the 2019 California Fire Code, including Appendix Chapter4, and Appendices B, BB, C, CC, and H, is hereby adopted by reference as the Fire Prevention Code of the City of Compton and shall Editor's Note: See Chapter 15, Construction Codes, for provisions regarding conflicting provisions, penalties and civil remedies.
§ 22-1.3. Amendments. [Ord. #2232, § 3; amended 10-26-2021 by Ord. No. 2339] [Reserved for future amendments]
§ 22-2. FIREWORKS.
§ 22-2.1. Definitions. [Ord. #2232, § 4; 6-2-2020 by Ord. No. 2321] Whenever used in this section, unless a different meaning clearly appears from the context, the words set out in this section shall have the following meaning:
CODE — Means the Compton Municipal Code.
DANGEROUS FIREWORKS — Means any fireworks specified as such in the State Fireworks Law, currently the California Health and Safety Code Sections 12500 et seq. and such other fireworks as may be determined to be dangerous by the State Fire Marshal. The regulation of "dangerous fireworks" pursuant to this section is not intended to amend, repeal, or replace state law but to provide an alternative remedy for the City to enforce existing laws and regulations.
DISCHARGE — Means the act of lighting, exploding, igniting, setting-off, discharging, projecting, firing or using fireworks.
INFLAMMABLE LIQUID — Means and include any liquid whose flash point is 100° F., or less.
PERSON — Means any individual, person, partnership, firm, corporation, organization, association, entity or any combination thereof.
PUBLIC DISPLAY OF FIREWORKS — Means an entertainment feature where the public or a private group is admitted or permitted to view the display or discharge of dangerous fireworks.
PYROTECHNIC OPERATOR — Means any licensed pyrotechnic operator, who by examination, experience, and training, has demonstrated the required skill and ability in the use and discharge of fireworks as authorized by the a. Regulate and govern the safeguarding of life and property from fire and explosion hazards arising from the storage, handling, and use of hazardous substances, materials and devices, and from conditions hazardous to life or property in the occupancy of buildings and premises as herein provided; and b. Provide for the issuance of permits and collection of fees therefor. 22:1
license granted.
SAFE AND SANE FIREWORKS — Means any fireworks not designated as "dangerous fireworks" and includes those fireworks which are defined in Sections 12529 and 12562 of the California Health and Safety Code and have been classified and registered as "safe and sane" by the State Fire Marshal.
STAND — Means any building, booth, counter, or other structure of a temporary nature used in the sale or offering for sale of fireworks pursuant to a permit duly issued.
STATE FIREWORKS LAW — Shall mean Section 12500 et. seq. of the California Health and Safety Code. § 22-2.2. Regulation of Fireworks. [Ord. #2232, § 4; 6-2-2020 by Ord. No. 2321] a. It shall be unlawful for any person to do any of the following:
1. Manufacture, possess, or sell any dangerous fireworks; or
2. Discharge any dangerous fireworks at any place or time within the City of Compton; or
3. Sell or discharge any safe and sane fireworks, except as provided in this section. b. Dates and hours of sale and use.
1. Except in years in which the sale of safe and sane fireworks is suspended pursuant to legislative action by the City Council, safe and sane fireworks may be sold and/or displayed within the City of Compton between the hours of 9:00 a.m. and 10:00 p.m. during the period between June 30th and July 4th of each year.
2. Safe and sane fireworks may be possessed during the period from June 30th to 10:00 p.m. on July 4th of each year.
3. No discharge or use of safe and sane fireworks is permitted in any area of the City of Compton except during the hours between 12:00 p.m. and 10:00 p.m. on July 4th of each year.
4. All sale, display and use of safe and sane fireworks shall be conducted pursuant to the provisions of this section.
c. Permissible Locations for Discharge.
1. The use of fireworks in the City of Compton shall be limited to private property except as may be otherwise authorized by City Council.
2. Except in those areas otherwise authorized by the City Council, with the advice and approval of the Fire Chief, no fireworks shall be discharged on public, semi-public, or private open areas such as parking lots, vacant properties, or in a public street or right-of-way. d. Prohibitions on Discharge.
1. It shall be unlawful for any person to ignite, explode, project, or otherwise discharge or use any fireworks, or permit the ignition, explosion or projection thereof, upon or over onto the property of another without his or her consent.
2. It shall be unlawful for any person to ignite, explode, project, or otherwise discharge or make use of any fireworks within 10 feet of any residence dwelling or other structure used as a place of habitation by human beings.
3. It shall be unlawful for any person having the care, custody or control of a minor (under 18 years old) to permit such minor to discharge, explode, fire or set off any dangerous, illegal fireworks at any time, or to permit such minor to discharge or set off any safe and sane fireworks unless such minor does so under 22:2
§ 22-2.3. Permits Required. [Ord. #2232, § 4]
Charitable organizations, associations, or corporations (called "applicants" in subsections 22-2.4 through 22-2.10) may sell safe and sane fireworks upon first obtaining a permit from the City of Compton as provided in subsection 22-2.8 of this section.
§ 22-2.4. Random Drawing. [Ord. #2232, § 4]
§ 22-2.5. Application Fees. [Ord. #2232, § 4]
An application fee as set forth in subsection 22-2.6 shall accompany the application. A permit fee as set forth in subsection 22-2.6 shall be paid at the time the permit is obtained. The City Manager shall set uniform fees in amounts which reimburse the City of Compton for its costs of investigation and administration. § 22-2.6. Eligibility for Sale of Fireworks. [Ord. #2232, § 4; 6-2-2020 by Ord. No. 2321] the direct supervision of a person over 18 years of age and during the hours and on the days permitted by this section.
4. It shall be unlawful in any year in which the City Council, by resolution, has suspended issuance of permits for the sale of safe and sane fireworks, for any person to possess, use or discharge safe and sane fireworks in the City of Compton.
a. Organizations will be selected through a random drawing to be conducted by the City Clerk. b. The successful applicant shall hold the drawing for two years, providing all additional requirements are met. c. Any applicants failing to file all required documentation by April 1 will be disqualified for consideration. No exceptions.
d. Applicants desiring to obtain a permit for the sale of fireworks in the City of Compton shall make an application for a permit through the City of Compton Clerk's Office not earlier than March 1st, nor later than April 1st, of the year for which a license is sought. A random drawing will be held on the second Tuesday in May at 11:00 a.m. There shall be only one licensed fireworks stand per every 8,000 residents, not to exceed
15. Those applications not meeting those requirements by the last day set forth in this subsection shall not be eligible for the lottery.
e. Successful applicants in the random drawing shall file for a permit with the Compton Fire Department between the second Wednesday of May and the first Monday of June of the year for which a license is awarded. Upon filing for a permit with the Compton Fire Department, the fee set forth in Appendix A of this code shall be paid at that time.
a. No permit shall be issued to any person except nonprofit organizations, associations, or corporations organized primarily for veteran, patriotic, welfare, civic betterment, or charitable purposes. One permit will be issued to an organization per calendar year.
b. Applicants shall have their principal and permanent meeting place in the City of Compton, shall have been organized and established in the City of Compton for a minimum of one year continuously proceeding the filing of the application for the permit, and shall have a bona fide membership of at least 35 members. c. The applicant organization shall supply the following:
1. A membership list, including name, address and telephone number of each member. The President or Chief Executive Officer, or at least one of the officers of the applicant shall reside within the City of Compton.
22:3
2. The applicant shall provide documentation to substantiate that organization's nonprofit status.
3. A license obtained from the State Fire Marshal under California Health and Safety Code Section 12500 et seq.
4. The name, address and telephone number of the owner of the designated location of the fireworks stand.
The applicant shall supply a copy of a recorded deed evidencing its ownership of the designated location, or an executed lease, rental, or license agreement evidencing that the applicant has the legal authority to locate and operate a fireworks stand at the designated location. An applicant may request that the proposed location of its stand be changed if such request is made prior to June 1st and the applicant pays the transfer fee of $50, provides the ownership or lease documents required in this section, and timely complies with all other inspections and permitting requirements required by law for the new location.
5. Pay a nonrefundable application and permit fee as set forth in Section 22-3 (Appendix A - Fee Schedule)..
6. Upon the approval of such application, the applicant shall complete the following prior to the issuance of a permit:
(a) Post a $200 deposit with the City of Compton to guarantee that all trash and debris shall be cleared from the premises of the temporary fireworks stand by the date so stipulated in paragraph n of subsection 22-2.10;
(b) Indemnification Requirement. The applicant shall include an Indemnification and Hold Harmless Agreement in favor of the City of Compton in substantial compliance with this section, which must be executed by every applicant prior to the issuance of any permit under this section. Pursuant to the Indemnification and Hold Harmless Agreement, the permittee shall agree to defend, indemnify, protect and hold the City, and its elected officials, officers, representatives, agents and employees harmless from and against all claims asserted or liability established for damages or injuries to any person or property, including its own employees, agents or officers which arise from, or are connected with, or are caused or claimed to be caused by any firework stand owned by or attributable to the permittee; provided however, that the permittee's duty to indemnify and hold harmless shall not include any claims or liability arising from the established sole negligence or sole willful misconduct of the City.
(c) Insurance Requirements - Stands on Public Property. The applicant shall file with the City Clerk a certificate policy of public liability insurance, naming the City of Compton, its officials, officers and employees as an "additional insured," in an amount of not less than $500,000 combined single limit for any injury to persons and/or damage to property by reason of construction, use and maintenance of such firework stand on public property. The policy shall provide that the insurance coverage shall not be cancelled or reduced by the insurance carrier without the City having been given 10 days prior written notice thereof by such carrier. The permittee shall provide and keep in force that policy of public liability insurance during such time as it continues to operate any firework stand under the terms of this section. If the insurance is cancelled at any time during the term of the permit, it shall be grounds for revocation of the permit. No firework stand may constructed, used or maintained until permittee provides the City with evidence of the requisite insurance, including proof on the endorsement page(s) that the City is an "additional insured." (d) Successful applicants agree to submit copies of receipts for expenditures by September 1st of the operating year. The permittee shall use the net proceeds derived from its operations under the permit only for the benefit of the City of Compton and no other purpose. Failure to comply will result in a disqualification from operating a firework stand the subsequent calendar year. 22:4
§ 22-2.7. Processing of Applications. [Ord. #2232, § 4] The Fire Chief shall cause to be investigated compliance of applications with the provisions of this code and such rules and regulations as have been promulgated thereof and shall submit to the City Clerk a report of his or her findings and his or her recommendations for or against the issuance of the permit. The City Clerk may make such further investigations, as he/she deems necessary to establish the existence or nonexistence of facts material to the application. The City Clerk shall notify the applicant of the date of the hearing on the application before the City Council.
§ 22-2.8. Granting or Denial of Permits. [Ord. #2232, § 4] The City Council, after a hearing thereon and in its sole discretion, may grant or deny a permit to sell fireworks.
The City Council shall use the following criteria for granting permits:
§ 22-2.9. Inspections. [Ord. #2232, § 4]
§ 22-2.10. Sales of Fireworks; Stands. [Ord. #2232, § 4] a. Whether the applicant in fact complies with the eligibility requirements set forth in section; b. The amount of community activity of the applicant;
c. The length of community service of the applicant;
d. The manner in which funds have been used by the applicant for prior community services; e. The size of the annual budget of the applicant used in community service; f. Such other community activities of the applicant as the Council deems relevant; and g. Applicants shall be notified by the City Clerk of the acceptance or rejection of such application for a license. a. The applicant, by acceptance of the permit shall agree that fire officials and police officials may make inspections of the fireworks stand at any time.
b. Prior to the final issuance of a license to sell, the applicant shall have had the proposed fireworks stand inspected by the appropriate representatives of the Compton Fire Department, and shall have received certification by the Compton Fire Department that the proposed fireworks stand complies with the applicable provisions of this code, the State Fireworks Law and all regulations promulgated pursuant thereto. a. No person other than the permit holder shall operate the fireworks stand for which the permit is issued or share or otherwise participate in the profits of the operation of such stand. b. No person other than the individuals, who are members of the permitted, or the wives or husbands or adult children of such members, shall sell or otherwise participate in the sale of the fireworks at such stand. No person other than those actually engaged in selling the fireworks shall occupy the interior of the stand. c. No person shall be paid any consideration for selling or otherwise participating in the sale of fireworks at such stand.
d. Nothing contained in subsections 22-2.1 through 22-2.9, and in this subsection shall limit the powers granted to the Compton Fire Department and its employees under this code. e. No one less than 18 years of age shall sell or participate in the sale of "safe and sane fireworks." f. During hours of operation, the sales booth shall be staffed by no less than two qualified personnel. The licensee shall be responsible for appropriate security and safe keeping of fireworks stored overnight in 22:5
§ 22-2.11. Exceptions. [Ord. #2232, § 4]
The provisions of this section shall not prohibit any person who is a manufacturer, wholesaler, dealer, or jobber, having a permit secured pursuant to the provisions of this section, from storing or selling any kind of fireworks for direct shipment out of the City of Compton or from storing or selling at wholesale any safe and sane fireworks to permittees hereunder; or the use of torpedoes, flares, or fuses by railroad or other transportation agencies for signal purposes or illumination; or the sale or use of blank cartridges for ceremonial purposes, athletic or sport events, or military ceremonials or demonstrations; or the sale of dangerous fireworks to permittees having a permit as provided for in this section for public displays; or the use and display of fireworks of whatever nature by any person engaged in the production of motion pictures, theatricals, or operas when such use and display is a necessary part of such production.
§ 22-2.12. Public Displays. [Ord. #2232, § 4]
Any person planning to make a public display of fireworks shall first make a written application for a permit to the Chief of the Compton Fire Department or his designee at least 10 days in advance of the date of display.
It shall be the duty of the Chief of the Compton Fire Department or his designee to make an investigation and submit a report of his findings and recommendations for or against the issuance of the permit, together with his reasons thereof, to the City Council. The City Council shall have the power, in its discretion, to grant or deny the application.
§ 22-2.13. Applications for Public Displays. [Ord. #2232, § 4] The applicant for such public display permit shall, at the time of the application, furnish proof that he carries compensation insurance for his employees, as provided by the laws of the State, and that he has filed with the City temporary fireworks stands.
g. No fireworks shall be erected within 1/2 mile of any other stand, nor within 100 feet of any gasoline station or commercial garage, nor within 25 feet of any structure. The minimum setback from the street curbing shall be 10 feet.
h. Fireworks stands shall be constructed entirely out of metal and shall have metal flooring attached. No fireworks stand shall have a floor area in excess of 400 square feet. i. All electrical wiring must be enclosed in conduits. The breaker boxes shall be GFI breakers. The manufacturer must have installed all wiring. Absolutely NO electrical wiring will be done at the stand site. All standards shall meet the approval of the Compton Building and Safety Department, prior to the beginning of sales. j. No generators will be allowed within 25 feet of the fireworks stand. k. "No Smoking" signs must be displayed on and in the fireworks stand. l. Firework stand in excess of 24 feet in length must have at least two exits; and each stand in excess of 40 feet in length must have at least three exits spaced equal distance apart; provided, however, that in no case shall the distance between exists exceed 24 feet.
m. Each stand shall be provided with two, 2 1/2 gallon soda-and-acid or water pressure type fire extinguishers, underwriter approved, IN GOOD WORKING ORDER, and easily accessible for use in case of fire. n. No fireworks shall be distributed within the City of Compton to any retail permitted or other person prior to neither June 30th nor later than 10:00 p.m. on July 4th. Stands shall only be open between the hours of 9:00 a.m. to 10:00 p.m. No stand may be erected before June 25 and shall be removed from the temporary location by 2:00 p.m., on the 9th day of July and all unsold stock and accompanying litter shall be cleared from the location by 5:00 p.m. on July 5.
22:6
Clerk a bond with at least two good and sufficient sureties, to be approved by the City Council, in the sum of not less than $1,000, conditioned upon the applicant's payment of all damages to persons or property which shall or may result from, or be caused by, such public display or fireworks or any negligence on the part of the applicant, or his agents, servants, employees, or subcontractors in the presentation thereof. If the permit is granted, the sale, possession, and use of fireworks for the public display shall be lawful for that purpose only. § 22-2.14. Rules and Regulations. [Ord. #2232, § 4]
The Chief of the Compton Fire Department or his designee shall adopt reasonable rules and regulations for the granting of permits for and the presentation of public displays of fireworks. Every such display shall be handled or supervised by a competent and experienced pyrotechnic operator approved by the Chief of the Compton Fire Department or his designee. All public displays of fireworks shall be of such character and so located, discharged, or fired as not to be hazardous or dangerous to persons or property.
No permit issued or authorized to be issued by the provisions of this section shall be transferable. § 22-2.15. Deliveries. [Ord. #2232, § 4]
No person shall transport, convey, or deliver any dangerous fireworks, except for permittees making deliveries to other permittees, or to locations for public displays of fireworks authorized by the provisions of this code, or to distributors outside the City of Compton.
§ 22-2.16. Gasoline Storage. [Ord. #2232, § 4]
No person shall sell or discharge any fireworks in any public garage or public oil station or on any premises where gasoline or other inflammable liquids are stored or dispensed, or where more than four motor vehicles are stored. § 22-2.17. Rubbish. [Ord. #2232, § 4]
No person shall allow any rubbish to accumulate on any premises where fireworks are stored or sold. § 22-2.18. Violations: Penalties and Seizure. [Ord. #2232, § 4; 6-2-2020 by Ord. No. 2321] Any person violating any provision of this section or knowingly or intentionally misrepresenting to any officer or employee of the City of Compton any material fact in procuring the license or permit provided for in this Code shall be guilty of a misdemeanor.
In addition thereto, any such misrepresentation or violation shall constitute grounds for the revocation of the permit by the City Council on 24 hours' notice to the permittee, or if any such violation is committed in the presence of the Chief of Police or any law enforcement officer or City employee authorized to enforce this Code, the City Manager shall be empowered, upon receiving a written and signed report thereof from any such officer or employee, to close any such sales booth or stand.
Any person authorized or enjoined to arrest or issue a citation (pursuant to Section 1-7 of this Code) any person for the violation of this section is equally authorized and enjoined to seize any fireworks, including safe and sane fireworks, the possession, display or discharge of which is by this section prohibited, in the possession or under the control of the person so arrested or cited. The seizure of such fireworks shall be maintained by the City pursuant to the regulations adopted by the State Fire Marshal.
§ 22-2.19. Wholesale Permit. [Ord. #2232, § 4]
a. The City Council may, in its discretion, grant a wholesale permit for the possession and wholesale distribution of safe and sane fireworks within the City of Compton to any person licensed by the State Fire Marshal as a manufacturer, importer, exporter, or wholesaler of safe and sane fireworks. Any such permit shall be upon the terms and conditions provided in this code, and shall contain the provisions set forth in this code. 22:7
§ 22-2.20. Application for Wholesale Permit. [Ord. #2232, § 4] Any application for a wholesale permit to engage in the possession and wholesale distribution of safe and sane fireworks in the City of Compton shall conform to the following requirements:
§ 22-2.21. Fee Imposed Upon Distributors. [Ord. #2232, § 4] § 22-2.22. Violations: Administrative Fines. [Added 6-2-2020 by Ord. No. 2321] b. Such wholesale permit shall, unless revoked by the City Council, be automatically reissued from year to year; provided, however, that the permittee shall annually, on or before March 31st of each year, file an application therefor in the same form as an application for the original permit, and shall pay the application fee required by subsection 22-2.21a.
a. It shall be in writing, verified and accompanied by a nonrefundable application fee and a refundable fireworks stand removal deposit in amounts set forth in subsection 22-2.21a; b. It shall be filed with the City Clerk on or before March 31st of the year in which such permit is to be effective; c. It shall be accompanied by a statement that, upon issuance of a permit, the applicant will deliver to the City of Compton a products liability, public liability and property damage insurance policy or bond in the amount of not less than $1,000,000. Such policy shall be with a corporate insurance company and in such form as shall be approved by the City Attorney, and shall name the City of Compton, its officers and employees as additional insured;
d. It shall contain such other information as may be required by any City of Compton representative(s); e. It shall set forth the name, principal place of business and telephone number of the applicant, its State fireworks license number or numbers, the names and addresses of its principal partners, owners or officers, and the name, residence address and capacity of the person signing the application; f. It shall contain a statement that fireworks will not be furnished, sold, distributed or placed in the possession of any person or organization in the City of Compton, or for sale, use or distribution in the City of Compton, unless such person or organization holds a valid and unrevoked permit from the City of Compton to so possess, sell, use or distribute such fireworks.
a. Each fireworks wholesaler or distributor providing safe and sane fireworks to organizations or persons licensed under this code shall pay an annual regulatory fee to the City of Compton in an amount established by resolution of the City Council.
b. The fee required by this section shall be payable within five days from the date that the City Clerk notifies applicants that their permit has been approved.
c. No fireworks wholesaler or distributor may supply, offer for sale or sell fireworks, unless and until the fee imposed by this subsection has been paid to the City of Compton and the City of Compton has issued a permit. a. In order to encourage and obtain compliance with the provisions of this section for the benefit and protection of the entire community, every violation of a provision of this section shall be subject to an administrative fine and/or penalty in accordance with § 1-7 of this Code. b. The imposition of fines related to "dangerous fireworks" under this section shall be limited to persons who possess, sell, use and/or display, or the seizure of, 25 pounds or less (gross weight) of such dangerous fireworks.
c. Fines collected pursuant to this section related to "dangerous fireworks" shall not be subject to Health and Safety Code Section 12706, which section provides that certain fines collected by a court of the state be 22:8
§ 22-2.23. Administrative Fines; Penalties. [Added 6-2-2020 by Ord. No. 2321] deposited with, and disbursed by, the County Treasurer. However, the City shall provide cost reimbursement to the State Fire Marshal pursuant to regulations to be adopted by the State Fire Marshal addressing the State Fire Marshal's cost for the transportation and disposal of "dangerous fireworks" seized by the City, which costs will be part of any administrative fine imposed. Unless and until said regulations have been adopted by the state of California, the City shall hold in trust $250 or 25% of any fine collected, whichever is greater, to cover the cost reimbursement to the State Fire Marshal for said cost of transportation and disposal of the "dangerous fireworks."
d. Every person who applies for and receives a "block party permit", or similar license or approval required by the City to close a street or otherwise reserve or use a piece of City property shall comply with all conditions imposed upon the issuance of such permit, license or approval, including but not limited to taking all reasonable efforts necessary to ensure that "dangerous fireworks" are not used at said event. A violation of this condition of such permit, license or approval shall be subject to a separate administrative fine under the provisions of this section. Likewise, any person who fails to obtain any "block party permit", license or other such approval from the City when such person is so required by the Code shall be subject to a separate administrative fine under this section as well as an additional administrative fine if "dangerous fireworks" are used at and during said event.
e. Because of the serious threat of fire or injury posed by the use of "dangerous fireworks" that can result from persistent or repeated failures to comply with the provisions of this Code and the effect of such conditions or activities on the safety and the use and enjoyment of surrounding properties and to the public health, safety and welfare, this section imposes strict civil liability upon the owners of residential real property for all violations of this Code existing on their residential real property. Each contiguous use, display and/or possession shall constitute a separate violation and shall be subject to a separate administrative fine. a. Each person who violates any provision of this Code as it relates to the possession, use, storage, sale and/or display of "dangerous fireworks" shall be subject to the imposition and payment of an administrative fine or fines as provided below:
Number of offense in 1
year period
Amount of
Administrative Penalty Late Charge
Total Amount of
Penalty plus Late
Charge
First $1,000 $250 $1,250
Second $2,000 $500 $2,500
Third $3,000 $1,000 $4,000
b. A person who fails to obtain a "block party permit", license or approval from the City when such a person is required by the Code shall be subject to administrative fine or fines under this section as provided below:
Number of offense in 1
year period
Amount of
Administrative Penalty Late Charge
Total Amount of
Penalty plus Late
Charge
First $500 $125 $625
Second $1,000 $250 $1,250
Third $1,500 $500 $2,000
c. Any person who does obtain a "block party permit", license or approval from the City as required by this Code where there was a condition imposed upon the issuance of such "block party permit", license or approval requiring the person to make all reasonable efforts necessary to ensure that "dangerous fireworks" are not 22:9
§ 22-3. APPENDIX "A" FEE SCHEDULE. [Ord. #2232, § 4; Ord. #2295 § 13] Fire Permits/Plan Checks/Field Inspections/Special Activities Fees. The City Council shall, by ordinance or resolution, from time to time determine and fix the amount to be assessed as annual Fire Permit Fees. used at said event and said person is said to be in violation of the permit by virtue of the fact that there were "dangerous fireworks" used at said event shall be subject to the imposition and payment of an administrative fine or fines as provided below:
Number of offense in 1
year period
Amount of
Administrative Penalty Late Charge
Total Amount of
Penalty plus Late
Charge
First $1,500 $375 $1,875
Second $3,000 $750 $3,750
Third $5,000 $2,000 $7,000
d. Each person who uses "safe and sane fireworks" on or at dates, times and/or locations other than those permitted by this ordinance shall be subject to the imposition and payment of an administrative fine or fines as provided below:
Number of offense in 1
year period
Amount of
Administrative Penalty Late Charge
Total Amount of
Penalty plus Late
Charge
First $500 $150 $650
Second $1,000 $300 $1,300
Third $1,500 $600 $2,100
22:10
June 25, 2024
TO: MAYOR AND CITY COUNCIL MEMBERS
FROM: MUNICIPAL WATER DEPARTMENT
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON
AUTHORIZING THE CITY MANAGER TO AMEND THE MUNICIPAL
WATER DEPARTMENT’S ARPA 2023-2024 FISCAL YEAR BUDGET,
AND TO ISSUE A PURCHASE ORDER TO THE CLA-VAL COMPANY
(SOLE SOURCE VENDOR) FOR REPAIR AND REPLACEMENT OF
CONTROL VALVES AT WATER WELL SITES IN AN AMOUNT NOT TO
EXCEED THREE HUNDRED TWENTY-TWO THOUSAND EIGHT
HUNDRED THIRTY-NINE DOLLARS AND FORTY CENTS ($322,839.40).
SUMMARY
Adoption of this resolution will authorize the City Manager to amend the Municipal Water Department’s American Rescue Plan Act (ARPA) 2023-2024 Fiscal Year Budget and to issue a purchase order to the Cla-Val Company (Sole Source Vendor), for the repair and replacement of control valves at various well sites in an amount not to exceed Three Hundred Twenty-Two Thousand Eight Hundred Thirty-Nine Dollars and Forty Cents ($322,839.40).
BACKGROUND
The Compton Municipal Water Department (CMWD) is an Urban Retail Water Supplier providing water services to approximately 80% of the incorporated City limits. The water system consists of approximately 156 miles of water mains, 1,500 fire hydrants, 3,500 valves, 8 water wells, 2 water storage tank locations with 5 storage tanks total and 1 booster pump station.
Automatic control valves are located at all water well sites to obtain efficient water pressure and water flow management resulting in:
Reduction of water loss through leakages.
Reduction of the risk of water hammer and pipe bursts. Reduction of energy consumption as less water needs to be pumped through the system.
If worn control valves are not properly and timely serviced, water leakage can result in loss to complete shut off.
STATEMENT OF THE ISSUE
9.9.9.9.9.9. Staff Report – CLA-VAL COMPANY
June 11, 2024, Page 2
The CMWD requested the Cla-Val Company to assess the control valves throughout the CMWD water operations. The following repairs are needed to continue proper water flow:
Quote/Estimate
Number
Well Repair and Services Cost of
Service
Y24Q12584 Pipe Train Well 20
Replacement: 8” Control Valve
Replacement: 10” Control Valve
Shipping to the site
$38,701.00
Y24Q12586 Pipe Train MWD C4
24 VDC Solenoids, Limit Switch
10” Gate Valves
10” Pipe Spool
10” Megaflange
Shipping to site
$59,892.00
Y24Q12590 Pipe Train MWD C3
24 VDC Solenoids
(2) 6” Gate Valves
6” Pipe Spool
6” Megaflange
Shipping to site
$32,318.00
Y24Q12592 Pipe Train MWD C1
24 VDC Solenoids
Limit Switch
Gate Valves
8” Pipe Spool
8” Megaflange
$52,009.00
WO-00009455 Rebuild Well 20
Booster 1
Booster 2
Waste Valve
$28,040.60
WO-00009454 Rebuild Well 19
12” Pump Control
8” Waste
Relief Valve
$15,976.80
WO-00009453 Rebuild Well 18
660-11
Waste Valve
$33,874.00
WO-00009452 Rebuild Well 17
50-05 Waste Valve
System Valve
$19,114.40
WO-00009451 Installation Well 16
Tubes/Fittings
Flange Gaskets/Bolts
Travel/Labor
$18,950.00
WO-00009450 Installation Well 15
Tubes/Fittings
Flange Gaskets/Bolts
Travel/Labor
$9,762.00
WO-00009449 Installation Well 11
Tubes/Fittings
Flange Gasket/Bolts
Travel/Labor`
$9762.00
Staff Report – CLA-VAL COMPANY
June 11, 2024, Page 3
WO-00009428 Maintenance Well 13
Washer
Retainer
Rubber Rebuild
Travel/Labor
Total
$4,439.60
$322,839.40
FISCAL IMPACT
The Municipal Water Department has a balanced budget and the recommendations are cost neutral to the ARPA funds and do not have a negative impact on the City’s 2023- 2024 Fiscal Year Budget.
After the transfer of funds in the amount of Three Hundred Twenty-Two Thousand Eight Hundred Thirty-Nine Dollars and Forty Cents ($322,839.40) are allocated in American Rescue Plan Act (ARPA) Account 2810-860-009-4236- Maintenance/Repair for this expenditure, a purchase order will be established for Cla-Val Company for the service and repair of control valves at water well sites.
Transfer as follows:
Decrease Budget Account
o2810-860-009-4391 Capital Outlay- Other $322,839.40
Increase Budget Account
o2810-860-009-4236 Maintenance/Repair $322,839.40
RECOMMENDATION
Staff recommends that Council adopt this resolution.
JOSE GARFIAS
INTERIM GENERAL MANAGER
MUNICIPAL WATER DEPARTMENT
APPROVED FOR FORWARDING:
WILLIE A. HOPKINS
CITY MANGER
RESOLUTION NO. ___________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON
AUTHORIZING THE CITY MANAGER TO AMEND THE MUNICIPAL WATER DEPARTMENT’S ARPA 2023-2024 FISCAL YEAR BUDGET, AND TO ISSUE A
PURCHASE ORDER TO THE CLA-VAL COMPANY (SOLE SOURCE VENDOR)
FOR REPAIR AND REPLACEMENT OF CONTROL VALVES AT WATER WELL
SITES IN AN AMOUNT NOT TO EXCEED THREE HUNDRED TWENTY-TWO
THOUSAND EIGHT HUNDRED THIRTY-NINE DOLLARS AND FORTY CENTS ($322,839.40).
WHEREAS, the Compton Municipal Water Department (CMWD) is an Urban Retail Water Supplier providing water services to approximately 80% of the incorporated City limits; and
WHEREAS, the water system consists of approximately 156 miles of water mains, 1,500 fire hydrants, 3,500 valves, 8 water wells, 2 water storage tank locations with 5 storage tanks total and 1 booster pump station; and
WHEREAS, automatic control valves are located at all water well sites to obtain efficient water pressure and water flow management resulting in:
Reduction of water loss through leakages.
Reduction of the risk of water hammer and pipe bursts. Reduction of energy consumption as less water needs to be pumped through the system; and
WHEREAS, if worn control valves are not properly and timely serviced, water leakage can result in loss to complete shut off; and
WHEREAS, the CMWD requested the Cla-Val Company (Sole Source Vendor) to assess the control valves throughout the CMWD water operations; and WHEREAS, the repairs and services to Water Wells 11-20 include but are not limited to: pipe train replacement, rebuilds, gate valves, solenoids, switches, waste valves, gaskets and bolts, travel, labor and shipping costs; and
WHEREAS, after the transfer of funds in the amount of Three Hundred Twenty-Two Thousand Eight Hundred Thirty-Nine Dollars and Forty Cents ($322,839.40) are allocated in American Rescue Plan Act (ARPA) Account 2810-860-009-4236- Maintenance/Repair for this expenditure, a purchase order will be established for Cla-Val Company for the service and repair of control valves at water well sites.
Transfer as follows:
Decrease Budget Account
o2810-860-009-4391 Capital Outlay- Other $322,839.40
Increase Budget Account
o2810-860-009-4236 Maintenance/Repair $322,839.40
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COMPTON DOES HEREBY RESOLVE AS FOLLOWS:
Section 1.That the City Manager is hereby authorized to amend the City of Compton’s Municipal Water Department’s ARPA 2023-2024 Fiscal Year Budget as follows:
Decrease appropriations in Budget Account
o2810-860-000-4391 Capital Outlay- Other $322,839.40
Increase appropriations in Budget Account
o2810-860-009-4236 Maintenance/Repair $322,839.40
RESOLUTION NO. ________________
Section 2.That the City Manager is authorized to issue a purchase order to the Cla-Val Company for the repair and replacement of control valves at various well sites from Account No. 2810-860-009-4236..
Section 3. That funds in the amount of Three Hundred Twenty-Two Thousand Eight Hundred Thirty-Nine Dollars and Forty Cents ($322,839.40) are allocated in Account 2810- 860-009-4236.
Section 4.That copies of this Resolution shall be filed in the offices of the City Manager, City Controller, City Clerk, City Attorney and the Municipal Water Department.
Section 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 MEMBERS-
NOES: COUNCIL MEMBERS-
ABSTAIN: COUNCIL MEMBERS-
ABSENT: COUNCIL MEMBERS-
____________________________________
CITY CLERK OF THE CITY OF COMPTON
SERVICES AGREEMENT
BETWEEN THE CITY OF COMPTON AND
CLA-VAL COMPANY
This AGREEMENT is entered by and between the CITY OF COMPTON, a municipal corporation of the State of California (hereinafter referred to as “CITY”) located at 205 South Willowbrook Avenue, Compton, California 90220, and CLA-VAL COMPANY (hereinafter referred to as “CONTRACTOR”), located at 24100 Water Street, Perris, CA 92570
RECITALS
The City of Compton Municipal Water Department has determined that it requires services from a contractor to provide control valve repair and replacement at water well sites for the City of Compton Municipal Water operations.
The Contractor represents that it is fully qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees.
Contractor further represents that it is willing to accept responsibility for performing such services in accordance with the terms and conditions set forth in this Agreement.
NOW, THEREFORE, for and in consideration of the performance by the Parties of the mutual covenants and conditions herein contained, the Parties hereto agree as follows:
AGREEMENT:
1. Services to be Rendered by Contractor.It is the mutual understanding of the parties that the Contractor shall perform and be responsible for providing and rendering the following services outlined in Exhibit A - (Quotes and Estimates – Cla-Val Company), which shall include, but not be limited to the below-indicated tasks and deliverables:
Furnish control valve repair and replacement:
Quotation Y24Q12584 – 041524 Compton Well 20 Pipe Train Quotation Y24Q12586 – 041524 Compton MWD C4 Pipe Train Quotation Y24Q12590 – 041524 Compton MWD C3 Pipe Train Quotation Y24Q12592 – 041524 City of Compton C1 Pipe Train Estimate WO-00009455 – City of Compton Well 20
Estimate WO-00009454 – City of Compton Well 19
Estimate WO-00009453 – City of Compton Well 18
Estimate WO-00009452 – City of Compton Well 17
Estimate WO -00009451 – City of Compton Well 16
Estimate WO-00009450 – City of Compton Well 15
Estimate WO-00009449 – City of Compton Well 11
Services Agreement
Cla-Val Company
Contractor acknowledges that in entering into this Agreement the City is relying on Contractor's special skills and experience to do and perform the services in accordance with best standards of professional practice. While performing the Services, Contractor agrees to perform all the said work and furnish all the necessary materials at its own cost and expense necessary to complete said services in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances and to the reasonable satisfaction of the City.
Contractor services hereunder shall be performed in good, workmanlike and professional manner. Contractor shall be responsible for correcting and completing all errors and omissions related to the services provided by the Contractor for this Agreement at no additional cost to the City. “Errors” and “Omissions” for purposes of this paragraph are defined to mean a failure by the Contractor to meet the standards of its profession as set forth in the preceding paragraph. The acceptance of the services by City does not release Contractor from these obligations.
Contractor will be responsible for employing or engaging all persons necessary to perform the services. All of Contractor's staff will be qualified by training and experience to perform their assigned tasks. Contractor will give its personal attention to the fulfillment of the provisions of this Agreement by all of its employees and subcontractors, if any, and will keep the services under its control. On demand of City, if any employee or subcontractor of Contractor fails or refuses to carry out the provisions of this Agreement or appears to be incompetent or to act in a disorderly or improper manner, he or she will be discharged immediately from the services performed pursuant to this Agreement.
2.Duration of Contract.Contractor agrees to commence the services provided for herein upon written Notification to Proceed from the City and to continue in a diligent and professional manner, for the duration of the term of this agreement upon completion of the work notated in Scope of Work.
Contractor will generally adhere to the schedule set forth by the City provided, that City will grant reasonable extensions of time for the performance of the services occasioned by unusually lengthy governmental reviews of Contractor’s work product or other unavoidable delays occasioned by unforeseen circumstances; provided, further, that such unavoidable delay will not include strikes, lockouts, work stoppages, or other labor disturbances conducted by, or on behalf of, Contractor’s officers or employees.
Contractor acknowledges the importance to City of City’s project schedule and agrees to put forth its best professional efforts to perform the services in a manner consistent with that schedule. City understands, however, that Contractor’s performance must be governed by sound practices. Contractor will work such overtime or engage such personnel and equipment as necessary to maintain the schedule, without additional compensation.
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3. Compensation.The method of payment for this Contract will be on a fixed basis as specified within Contractor’s Cost Proposals (Quotes/Estimates). The total price paid to the Contractor will include compensation for all work, including travel, materials, supplies, vendor services, expenses and subcontracted work. No additional compensation will be paid to the Contractor, unless there is a change in the scope of the work or the scope of the project. In the instance of a change in the scope of work or scope of the project, adjustment to the total compensation will be negotiated between the Contractor and the City. Adjustment in the total compensation will not be effective until authorized and approved in writing by the City.
Progress payments may be made in arrears based on the percentage of work and deliverables completed by the Contractor. If Contractor fails to submit the required deliverable items according to schedule or as required by the Agreement, except for those amounts that are due and not reasonably in dispute, the City shall have the right to delay payment and/or terminate this Agreement in accordance with the provisions noted herein.
Contractor shall be reimbursed within thirty (30) days, or as promptly as fiscal procedures may permit, upon receipt by the City of itemized invoices for services completed. Invoices shall be submitted no later than 45 calendar days after the performance of work for which the Contractor is billing. Invoices shall detail the work performed on each task as applicable. Invoices shall be delivered or mailed to the Director of [identify department] Department at the following address: City of Compton, 205 South Willowbrook Avenue, Compton, California 90220.
As full and complete compensation for performance of all the services performed by the Contractor pursuant to this Agreement, City shall pay, and Contractor agrees to accept, a not-to-exceed maximum sum of Three Hundred Twenty-Two Thousand Eight Hundred Thirty-Nine Dollars and Forty Cents ($322,839.40).
In the event of termination, the Contractor shall be entitled to compensation for the undisputed reasonable value of services performed to the effective date of termination, including any noncancelable obligations incurred prior to termination; provided, however, that the City may condition payment of such compensation upon the Contractor’s delivery to the City of any and all City property, documents, reports, records, materials and work product associated with the performance of this Agreement.
4. Ownership of Materials.All product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement (the “Work Product”) is the property of City. In the event this Agreement is terminated, all Work Product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered to City pursuant to the termination clause of this Agreement. [Contractor will have the right to make one (1) copy of the Work Product for Contractor’s records.] The Work Product may be used by City and its agents, employees, Services Agreement
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representatives, and assigns, in whole or in part, or in modified form, for all purposes City may deem advisable, without further employment of or payment of any compensation to Contractor; provided, however, that if this Agreement is terminated for any reason prior to completion of the Project and if under such circumstances City uses, or engages the services of and directs another Contractor to use, the Work Product, City agrees to hold Contractor harmless from any and all liability, costs, and expenses relative to claims arising out of matters and/or events which occur subsequent to the termination of this Agreement as a result of causes other than the fault or negligence of Contractor, or anyone for whose acts it is responsible, in preparation of the Work Product. Contractor will not be responsible for deficiencies solely attributable to modifications of the Work Product performed by others, or that arise from use of the Documents in connection with a project or site other than that shown in the Work Product.
5. Independent Contractor Status. Contractor, its officers, employees, subcontractors, subcontractors, agents and volunteers (collectively hereinafter the “Contractor”), will perform the services in Contractor's own way and pursuant to this Agreement as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. The persons used by Contractor to provide the services under this Agreement will not be considered employees of City for any purposes.
Neither the City nor any of its officers, employees, agents or volunteers shall have any control over the conduct of the Contractor, except as expressly set forth in this Agreement.
Contractor expressly warrants that while engaged in carrying out and complying with any terms and conditions of this Agreement that Contractor shall not at any time or in any manner, represent that Contractor is in any manner officers, employees, agents or volunteers of the City. Contractor shall obtain no rights to retirement, health care or any other benefit that accrue to City officials, officers, or employees. Contractor expressly waives any claim to such rights.
The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors.
City will not pay any workers' compensation insurance, retirement contributions or unemployment contributions on behalf of Contractor or its employees or subcontractors.
Contractor agrees to indemnify and pay City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or contractor of Contractor for work done under this Agreement. At the City’s election, City may deduct the amounts paid pursuant to this Section, from any balance owing to Contractor.
6. Successors, Assignment and Delegation.City and the Contractor each binds themselves, their partners, successors, assigns and legal representatives to the other hereto and to partners, successors, assigns and legal representatives of such other party in respect to all covenants, agreements and obligations contained in this Services Agreement
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Agreement.
The expertise and experience of Contractor are material considerations for this Agreement. Contractor shall not assign or transfer any interest in this Agreement or the performance of any of Contractor’s obligations under this Agreement without the prior written consent of the City. Any attempted assignment or transfer of any of Contractor’s rights, duties or obligations arising under this Agreement shall be null and void.
7. Nondiscriminatory Employment Practices.During the performance of this Agreement, the Contractor agrees not to discriminate against any employee or applicant for employment because of race, sex, creed, color, religion, age, sexual orientation, marital status, national origin, political affiliation, handicap or belief in accordance with requirements of City, State or Federal laws and regulations. Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, sex, creed, color, religion, age, sexual orientation, marital status, national origin, political affiliation, handicap or belief in accordance with requirements of City, State or Federal laws and regulations. Such actions shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoffs or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees, applicants and subcontractors for employment, notices setting forth the provisions of this non-discrimination clause.
In the event of the Contractor’s non-compliance with the non-discrimination clause of this Agreement, this Agreement may be immediately canceled, terminated or suspended in whole or in part.
8. Subcontracting.Contractor's services are unique and personal. Except as may be specified in Contractor’s Proposal and agreed to by the City, Contractor will not subcontract any portion of the services without prior written approval of City Manager or his/her designee. If Contractor subcontracts any of the services, Contractor will be fully responsible to City for the acts, errors and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City.
9. Other Contractors.The City reserves the right to employ other Contractors in connection with the services.
Services Agreement
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10. Indemnification.Contractor shall indemnify and save harmless the City, its officials, officers, employees, agents and volunteers (collectively hereinafter the “City”), against any and all damages to property or injuries to or death of any person or persons, including property and employees or agents of the City and shall indemnify and save the City from any and all liability and expense including reimbursement of reasonable defense costs and legal fees, and claims, demands, suits, actions or proceedings of any kind or nature, including Workers’ Compensation claims, of or by anyone whomsoever to the extent resulting from or arising out of the negligent, reckless or willful misconduct for the Contractor, its officers, employees, subcontractors, subcontractors or agents in the performance of the duties undertaken by Contractor pursuant to this Agreement.
This indemnification and hold harmless obligation does not extend to claims arising out of the negligence or willful misconduct of the City.
11. Insurance.Without limiting the Contractor’s indemnification of the City, Contractor shall obtain and maintain, at its cost and expense, for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor’s agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. Such evidence shall specifically identify this Agreement and shall contain express conditions that the City is to be given written notice at least thirty (30) days in advance of any termination or implementation of a reduction of limits or material change of insurance coverage as specified herein.
Failure on the part of the Contractor to procure or maintain insurance shall constitute a material breach upon which the City may immediately terminate this Agreement. All insurance required hereunder shall be primary with respect to any insurance maintained by the City.
Coverages and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, unless the Risk Manager or City Manager, in consultation with the City Attorney approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents, volunteers and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. The coverage will contain no special limitations on the scope of its protection to the below-indicated insureds except for Workers’ Compensation and errors and omissions insurance. Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims- made coverage. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense.
11.1 Commercial General Liability Insurance. $1,000,000 combined Services Agreement
Cla-Val Company
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 Contractor has no employees and provides, to City's satisfaction, a declaration stating this.
11.4 Professional Liability. Errors and omissions liability appropriate to Contractor’s profession with limits of not less than $1,000,000 per claim. The coverage shall also provide an extended two (2) year reporting period commencing upon termination or cancellation of this Agreement.
Endorsements. For Commercial General Liability Insurance and Automobile Liability Insurance, Contractor will ensure that the policies are endorsed to name the City of Compton and its respective elected and appointed officers, officials, employees, agents and volunteers as “additional insureds” with respect to liability arising out of the activities of the Contractor. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City.
Waiver of Subrogation. The policies shall contain a waiver of subrogation for the benefit of City.
12. Permits and Licenses.Contractor, at its own expense, during the term of this Agreement, shall obtain and maintain all appropriate business and professional permits, licenses and certificates that may be required in connection with the performance of services by the Contractor. Upon execution of this Agreement, the Contractor shall show evidence of a business license permit in conformance with Section 9-1.2 of the Compton Municipal Code.
13. Maintenance of Records. Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor shall maintain all records and will allow inspection of all work, data, documents, proceedings, and activities related to the Services Agreement
Cla-Val Company
Agreement for a period and to the extent required by laws relating to audits of public agencies and their expenditures, from the date of final payment under this Agreement.
14. Warranties.Contractor represents and warrants (i) that Contractor has no obligations, legal or otherwise, inconsistent with the terms of this Agreement or with Contractor’s undertaking this relationship with City, (ii) that the performance of the services called for by this Agreement do not and will not violate any applicable law, rule or regulation or any proprietary or other right of any third party, (iii) that Contractor will not use in the performance of his responsibilities under this Agreement any confidential information or trade secrets of any other person or entity and (iv) that Contractor has not knowingly entered into or will enter into any agreement (whether oral or written) in conflict with this Agreement.
15. Federal and State Withholding Taxes.Contractor shall be responsible for paying when due all federal and state income withholding taxes for all earning under this Agreement. Contractor agrees to indemnify City for any claims, costs, losses, fees, penalties, interest, or damages suffered by City resulting from Contractor’s failure to comply with this provision.
16. General Compliance with Laws. Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of the services with all applicable laws, ordinances and regulations.
17. Termination.In the event of the Contractor's failure to prosecute, deliver, or perform the services, after giving written notice of default and two (2) days to correct the same, then, in addition to any other remedies, City may terminate this Agreement for nonperformance by notifying Contractor in writing. Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. In the event City elects to terminate, City will have the right to immediate possession of all Work Product and work in progress prepared by Contractor, whether located at the project site, at Contractor's place of business, or at the offices of a subcontractor.
The City’s obligation is payable only from funds appropriated for the purpose of this Agreement. All funds for payments after the end of the current fiscal year are subject to the City’s legislative appropriation for this purpose. In the event this Agreement extends into succeeding fiscal year periods and the City Council does not allocate sufficient funds for the next succeeding fiscal year payments, this Agreement shall Services Agreement
Cla-Val Company
terminate immediately upon written notice from the City.
Either Party, upon tendering fifteen (15) calendar days written notice to the other Party, may terminate this Agreement for convenience. In this event and upon request of City, Contractor will assemble the work product without charge and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made.
18. Covenants Against Contingent Fees. Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to terminate this Agreement for nonperformance, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee.
19. Claims and Lawsuits.By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City by Contractor, it may be considered fraud and Contractor may be subject to criminal prosecution.
Contractor acknowledges that California Government Code sections 12650 et seq., the False Claim Act, applies to this Agreement and provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney’s fees.
Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative proceeding as a result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years.
Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement.
20. Certifications.The Contractor, under penalty of perjury, certifies that, except as noted below, he/she or any other person association therewith in the capacity of owner, partner, director, officer, manager;
Is not currently under supervision, voluntary exclusion, or determination of ineligibility by any Federal, State or local agency;
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Has not been suspended, voluntarily excluded or determined ineligible by any Federal, State or local agency within the past 3 years; Has not been indicted, convicted or had a civil judgment rendered against he/she/it by a court of competent jurisdiction in any matter involving fraud or official misconduct in connection with obtaining , attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property within the past 3 years. Are not presently indicted or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in the preceding paragraph; and
Have not had one or more public transactions (Federal, State or local) terminated for
cause or default within in the past 3 years.
If there are any exceptions to this certification, inset the exceptions in the following space. [Supply exceptions on separate page]
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.
__________________________________ Date: _________________ David Koeblitz
CFO
__________________________________ Date: _________________ Martin Pickett
CEO/President
21. Jurisdiction, Venue and Governing Law. Any action at law or in equity brought by either of the Parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of Los Angeles, State of California, and the Parties waive all provisions of law providing for a change of Services Agreement
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venue in these proceedings to any other county. This agreement will be governed by the laws of the State of California.
22. Testimony.Contractor will testify at City's request if litigation is brought against City in connection with Contractor's services under this agreement. Unless the action is brought by Contractor, or is based upon Contractor's actual or alleged negligence or other wrongdoing, City, upon prior written agreement with Contractor will compensate Contractor for time spent in preparation for testimony, testimony, and travel at Contractor's standard hourly rates at the time of actual testimony.
23. Waivers.The waiver by either Party of any breach or violation of any term, covenant, or condition of this Agreement or of any applicable law will not be deemed to be a waiver of such term, covenant, condition or law or of any subsequent breach or violation of same or of any other term, covenant, condition or law. The acceptance by either Party of any fee or other payment which may become due under this Agreement will not be deemed to be a waiver of any preceding breach or violation by the other Party of any term, covenant, or condition of this Agreement or any applicable law.
24. Authority.The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement.
25. Severability.If any term, provision, condition or covenant of this Agreement or its application to any party or circumstances shall be held, to any extent, invalid or unenforceable, the remainder of this Agreement, or the application of the term, provision, condition or covenant to persons or circumstances other than those as to whom or which it is held invalid or unenforceable, shall not be affected, and shall be valid and enforceable to the fullest extent permitted by law.
26. Amendments.This Agreement may be modified or amended only be written document executed by both Contractor and City’s City Manager and approved as to form by the City Attorney. Such document shall expressly state that it is intended by the parties to amend the terms and conditions of this Agreement.
27. Confidentiality. All documents, reports, information, data, and exhibits prepared or assembled by Contractor in connection with the performance of the Services pursuant to the Agreement are confidential until released by the City to the public, and the Contractor will not make any of these documents or information available to any individual or organization not employed by the Contractor or the City without the written consent of the City before any such release.
28. Entire Agreement. This Agreement, together with any other written document referred to or contemplated by it embody the entire Agreement and understanding Services Agreement
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between the parties relating to the subject matter of it. The City Manager is authorized, in consultation with the City Attorney, to agree to non-material amendments to this Agreement. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties.
29. Notices.Any notices required or permitted under this Agreement shall be effective when delivered in person; and effective one (1) business day after delivery by facsimile transmission; and effective five (5) days after mailing by U.S. Mail, postage prepaid and properly addressed as follows:
TO CONTRACTOR: CLA-VAL COMPANY
David Koeblitz, CFO
Martin Pickett, CEO/President
24100 Water Street
Perris, CA 92570
TO CITY: CITY OF COMPTON
205 South Willowbrook Avenue
Compton, California 90220
Attn: General Manager, Water Department
(310) 605-5555
With Copy to: CITY OF COMPTON
205 South Willowbrook Avenue
Compton, California 90220
Attn: City Manager
30. Miscellaneous.No provision of this Agreement is to be interpreted for or against either party because that party or that party’s legal representative drafted such provision.
Should either party hereto, or any representative, successor or assign of either party hereto, resort to litigation to enforce the provisions of this Agreement, the party or parties prevailing in such litigation shall be entitled, in addition to such other relief as may be granted, to recover its or their reasonable attorney’s fees and costs in such litigation from the party or parties against whom enforcement is sought.
IN WITNESS WHEREOF, CONTRACTOR has executed this Agreement, and the CITY, by its City Manager, who is authorized to do so, has executed this Agreement.
TO EFFECTUATE THIS AGREEMENT, the Parties have caused their duly authorized Services Agreement
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representatives to execute this Agreement on the dates set forth below.
CONTRACTOR:
By_____________________________________ Dated: ______________ David Koeblitz
CFO
__________________________________ Date: ________________ Martin Pickett
CEO/President
CITY OF COMPTON:
Approved by:
By __________________________________ Dated: ______________ Willie A. Hopkins, City Manager
Approved as to form:
By _________________________________ Dated: ______________ Eric J. Perrodin, City Attorney
ATTEST:
Dated: ______________ By ______________________________ Vernell McDaniel, City Clerk
June 25, 2024
TO: MAYOR AND CITY COUNCIL MEMBERS
FROM: CITY CONTROLLER
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COMPTON AUTHORIZING THE CITY MANAGER TO ENTER INTO A MULTI-
YEAR PROFESSIONAL SERVICES AGREEMENT WITH MGT OF AMERICA CONSULTING, LLC ($36,244) FOR SENATE BILL 90 CONSULTING
SERVICES, AND TO ISSUE A PURCHASE ORDER IN THE AMOUNT OF TWELVE THOUSAND FOUR HUNDRED FORTY-FOUR DOLLARS ($12,444)
FOR MGT OF AMERICA CONSULTING, LLC FOR SERVICES TO BE
PROVIDED IN THE FIRST YEAR.
SUMMARY
Staff is requesting that the City Council consider adopting a Resolution authorizing the City Manager to enter into a three (3) year professional services agreement (along with authorization to extend the term of the agreement for two (2) additional years) with MGT of America Consulting, LLC to provide Senate Bill 90 (SB90) consulting services to the City, and to issue a Purchase Order for the amount of Twelve Thousand Four Hundred Forty-Four Dollars ($12,444) for services to be provided by MGT of America Consulting, LLC in the first year.
BACKGROUND
For much of California’s history, the Legislature and state regulatory agencies have taken actions that mandate local governments to implement various programs and services, many of which came at a cost to the local government. In 1972, the Legislature recognized this cost, and enacted Senate Bill 90, which stipulates that the state must reimburse local governments for the costs of any new program or higher level of service mandated by the Legislature or a state agency.
The City needs a consultant to assist with the implementation of the Senate Bill 90 (SB90) for the possibility of recouping some of the City’s cost for implementing state mandated programs and services.
STATEMENT OF ISSUE
In August 2023, City staff released an RFP (Request for Proposal) for Consulting Services for Senate Bill 90 (SB90). Some of the key expected deliverables mentioned in the RFP were the following:
10.10.10.10.10.10. Staff Report – Resolution Authorizing Multi-Year Agreement MGT of America Consulting, LLC. (Senate Bill 90 Consulting Services) June 25, 2024
Page. 2
Provide the City with a list of all eligible claims, as well as program summary and data collection forms.
Prepare all necessary department-wide indirect cost rate proposals (ICRPs) in accordance with OMB A-87.
Ensure that all eligible annual claims are filed on time, and coax departments to ensure that all eligible claims are filed timely.
Prepare claims and provide the completed claims, including all related backup, and ICRPs.
Identify new claims that are expected to become mandated programs. Provide descriptions of these claims and data collection needs to the appropriate City Department/Office and SB‐90 Coordinator.
Perform an internal quality assurance review of all claims. Serve as a liaison with the State Controller’s Office. Consultant shall respond to all filings by all State of California agencies and other parties. Consultant shall monitor and assist in, if required, providing to the Legislature information related to the appropriation legislation that will provide funding for the actual cost claims.
The City received one bid in response to the RFP. The one response was from MGT of America Consulting, LLC. Staff from the Controller’s Department reviewed the proposal and conducted an interview with the firm. During the interview, the candidate was asked a series of questions and were allowed to present a short presentation of their structure, capabilities, and possible opportunities for the City. After reviewing the proposal, conducting the interview, and calling references, staff has determined that MGT of America Consulting, LLC is qualified for providing SB90 consultation services to the City.
MGT of America Consulting, LLC is uniquely qualified to provide the City with great staff assistance and the highest level of service available in the state mandate claiming area. They are a national consulting firm specializing in assisting public sector clients to operate more efficiently and effectively. Their goal for the SB90 implementation is to produce and file state mandated cost claims that will maximize the City’s opportunities of recouping funds that have been used for implementing state mandated programs and services.
Staff believes that MGT of America Consulting, LLC’s knowledge, capabilities, and experience with working with local municipalities will be a significant assistance to the City of Compton.
Their experience in the implementation process of the SB90 will assist the City in maximizing its chances of regaining funds used for mandated services and programs.
For MGT of America Consulting, LLC to provide their services, the cost to the City for a three (3) year term will be Thirty-Six Thousand Two Hundred Forty-Four Dollars ($36,244).
Staff Report – Resolution Authorizing Multi-Year Agreement MGT of America Consulting, LLC. (Senate Bill 90 Consulting Services) June 25, 2024
Page. 3
The yearly breakdown of the prices are as follows:
Year 1- $12,444
Year 2- $11,900
Year 3- $11,900
Year 4- $12,200 (Optional)
Year 5- $12,500 (Optional)
Total (Yrs. 1-3) – $36,444
Total (Including Optional Yrs.) – $60,944
*Please refer to Exhibit A for the Dollar Cost Bid
Staff is requesting authorization be given to enter into a multi-year agreement with MGT of America Consulting, LLC for Senate Bill 90 Consulting Services ($36,244), and to open a Purchase Order in the amount of Twelve Thousand Four Hundred Forty-Four Dollars ($12,444) for services to be provided by MGT of America Consulting, LLC in the first year.
FISCAL IMPACT
Funding for MGT of America Consulting, LLC’s services are currently budgeted in the Fiscal Year 2023-2024 budget:
Account Code Account Name Amount
1001-650-000-4266 General Fund $12,444
City Controller’s Department
Contract Services
Funding for future services will be allocated in future City budgets.
RECOMMENDATION
Staff recommends the City Council to adopt the attached Resolution to authorize the City Manager to enter into a multi-year agreement with MGT of America Consulting, LLC ($36,244), and also authorize the City Manager to open a Purchase Order for MGT of America Consulting LLC in the amount of Twelve Thousand Four Hundred Forty-Four Dollars ($12,444) for SB90 Consulting Services in the first year.
Staff Report – Resolution Authorizing Multi-Year Agreement MGT of America Consulting, LLC. (Senate Bill 90 Consulting Services) June 25, 2024
Page. 4
SHARON RAHBAN NAVIZADEH
CITY CONTROLLER
APPROVED FOR FORWARDING:
WILLIE A. HOPKINS JR.
CITY MANAGER
RESOLUTION NO. __________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COMPTON AUTHORIZING THE CITY MANAGER TO ENTER INTO A
MULTI-YEAR PROFESSIONAL SERVICES AGREEMENT WITH MGT OF
AMERICA CONSULTING, LLC ($36,244) FOR SENATE BILL 90
CONSULTING SERVICES, AND TO ISSUE A PURCHASE ORDER IN
THE AMOUNT OF TWELVE THOUSAND FOUR HUNDRED FORTY-
FOUR DOLLARS ($12,444) FOR MGT OF AMERICA CONSULTING, LLC
FOR SERVICES TO BE PROVIDED IN THE FIRST YEAR
WHEREAS, for much of California’s history, the Legislature and state regulatory agencies have taken actions that mandate counties to implement various programs and services, many of which came at a cost to the City. In 1972, the Legislature recognized this cost, and enacted Senate Bill 90, which stipulates that the state must reimburse local governments for the costs of any new program or higher level of service mandated by the Legislature or a state; and
WHEREAS, the City needs a consultant to assist with the implementation of the Senate Bill 90 (SB90) for the possibility of recouping some of the City’s cost for implementing state mandated programs and services; and
WHEREAS, in August 2023, City staff released an RFP (Request for Proposal) for Consulting Services for Senate Bill 90 (SB90); and
WHEREAS, the City received one bid in response to the RFP. The one response was from MGT of America Consulting, LLC; and
WHEREAS, staff from the Controller’s Department reviewed the proposal and conducted an interview with the firm. During the interview, the candidate was asked a series of questions and were allowed to present a short presentation of their structure, capabilities, and possible opportunities for the City; and WHEREAS, after reviewing the proposal and conducting the interview, staff has determined that MGT of America Consulting, LLC is qualified for providing SB90 consultation services to the City; and
WHEREAS, MGT of America Consulting, LLC is uniquely qualified to provide the City with great staff assistance and the highest level of service available in the state mandate claiming area. They are a national consulting firm specializing in assisting public sector clients to operate more efficiently and effectively. Their goal for the SB90 implementation is to produce and file state mandated cost claims that will maximize the City’s opportunities of recouping funds that have been used for implementing state mandated programs and services; and
WHEREAS, staff believes that MGT of America Consulting, LLC’s knowledge, capabilities, and experience with working with local municipalities will be a significant assistance to the City of Compton. Their experience in the implementation process of the SB90 will assist the City in maximizing its chances of regaining funds used for mandated services and programs; and
WHEREAS, for MGT of America Consulting, LLC to provide their services, the cost to the City for a three (3) year term will be Thirty-Six Thousand Two Hundred Forty-Four Dollars ($36,244),
Resolution No. _______
2 The yearly breakdown of the prices are as follows:
Year 1- $12,444
Year 2- $11,900
Year 3- $11,900
Year 4- $12,200 (Optional)
Year 5- $12,500 (Optional)
Total (Yrs. 1-3) – $36,444
Total (Including Optional Yrs.) – $60,944
WHEREAS, staff is requesting authorization be given to enter into a multi-year agreement with MGT of America Consulting, LLC for Senate Bill 90 Consulting Services ($36,244), and to open a Purchase Order in the amount of Twelve Thousand Four Hundred Forty-Four Dollars ($12,444) for services to be provided by MGT of America Consulting, LLC in the first year; and
WHEREAS, funding for MGT of America Consulting, LLC consulting services are currently budgeted in the Fiscal Year 2023-2024 budget:
Account Code Account Name Amount
1001-650-000-4266 General Fund $12,444
City Controller’s Department
Contract Services
WHEREAS, funding for future services will be allocated in future City budgets; and
WHEREAS, staff recommends the City Council to adopt the attached Resolution to authorize the City Manager to enter into a multi-year agreement with MGT of America Consulting, LLC ($36,244), and also authorize the City Manager to open a Purchase Order for MGT of America Consulting LLC in the amount of Twelve Thousand Four Hundred Forty-Four Dollars ($12,444) for SB90 Consulting Services in the first year; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COMPTON DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. That the City Manager is hereby authorized to enter into a multi- year professional services agreement with MGT of America Consulting, LLC for SB90 Consulting Services ($36,244).
SECTION 2. That a Purchase Order is to be issued for the amount of Twelve Thousand Four Hundred Forty-Four Dollars ($12,444) for services to be provided by MGT of America Consulting, LLC in the first year from account:
Account Code Account Name Amount
1001-650-000-4266 General Fund $12,444
City Controller’s Department
Contract Services
SECTION 3. That a duly copy of the Resolution shall be filed with the offices of the City Manager, City Clerk, City Attorney, and City Controller.
Resolution No. _______
3 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:
________________________________
CLERK OF THE CITY OF COMPTON
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF COMPTON )
I, Vernell McDaniel, City Clerk of the City of Compton, hereby certify that the foregoing Resolution was adopted by the City Council of the City of Compton, signed by the Mayor and attested by the City Clerk at a regular meeting thereof held on this ___________ day of ________________, 2024.
That said Resolution was adopted by the following vote, to wit:
AYES: COUNCILMEMBERS -
NOES: COUNCILMEMBERS -
ABSTAIN: COUNCILMEMBERS -
ABSENT: COUNCILMEMBERS -
____________________________________
CITY CLERK OF THE CITY OF COMPTON
Consulting
Services for
Senate Bill 90
(SB 90)
CITY OF COMPTON,
CALIFORNIA
Proposal
AUGUST 31, 2023
BID NOTIFICATION NUMBER:
10488956
Submitted by:
PATRICK DYER
VICE PRESIDENT, PERFORMANCE SOLUTIONS
3600 AMERICAN RIVER DRIVE, SUITE 150
SACRAMENTO, CA 95864
916.443.3411
[email protected]
MGTCONSULTING.COM
CITY OF COMPTON, CA
BID NOTIFICATION NUMBER: 10488956 | CONSULTING SERVICES FOR SENATE BILL 90 (SB 90) AUGUST 31, 2023
Table of Contents
TRANSMITTAL LETTER .................................................................................................... 1 TECHNICAL PROPOSAL ................................................................................................... 3 LICENSE TO PRACTICE IN CALIFORNIA ............................................................................... 3 FIRM’S QUALIFICATIONS AND EXPERIENCE ....................................................................... 3 PARTNER, MANAGER, SUPERVISOR AND STAFF QUALIFICATIONS AND EXPERIENCE ........................................................................................................................ 9 RESUMES .......................................................................................................................... 10 SIMILAR ENGAGEMENTS WITH OTHER GOVERNMENT ENTITIES ................................... 17 REFERENCES ..................................................................................................................... 25 MGT QUALITY ASSURANCE .............................................................................................. 27 APPROACH AND METHODOLOGY .................................................................................... 28 DOLLAR COST BID ......................................................................................................... 36 APPENDIX B: PROPOSER GUARANTEES ......................................................................... 37 APPENDIX C: PROPOSER WARRANTIES ......................................................................... 38 APPENDIX D: CALIFORNIA BUSINESS LICENSE ............................................................... 39 APPENDIX E: PEER REVIEW ........................................................................................... 40
Proposal Exhibits
Exhibit 1. MGT Quality Assurance Process ....................................................................... 27
3600 American River Dr, Suite 150 | Sacramento, CA 95864 | 916.443.3411 | mgtconsulting.com
Transmittal Letter
August 31, 2023
Ms. Jocelyn Logan
Deputy City Controller
City Hall, City of Compton
205 South Willow brook Avenue
Compton, CA 90220
[email protected]
Tel: (310) 605‐5584
SUBJECT: BID NOTIFICATION #: 10488956 ‐ CONSULTING SERVICES FOR SENATE BILL 90 (SB 90)
Dear Ms. Logan:
We appreciate the opportunity to provide the City of Compton (“City”) with this proposal for State Mandated Cost Claiming Services (SB 90). This proposal is proposed for a 3‐year term with two options years to renew. The proposed time period is for FY23‐24, 24‐25, 25‐26 with options years for FY26‐27 and 27‐28. MGT of America Consulting, LLC (MGT) believes that we offer the City solutions that will meet your specific objectives while providing the best value. MGT is uniquely qualified to provide the City with the best staffing and highest level of service available in the state mandate claiming area. Our primary goal for this SB 90 engagement is to produce and file state mandated cost claims that maximize revenue while being technically sound and accurate. We will provide the City with a turn‐key approach to state mandated cost claiming while minimizing the impact on your department staff and resources.
MGT’s SB 90 claiming services will be ready to implement upon completion and will be trusted by your staff and officials.
Leaders in Local Government SB 90 Services. No other firm comes close to meeting our staff experience, knowledge, and expertise. MGT is the only firm that has multiple consultants with over 15 years of experience in the SB 90 arena. The MGT Financial Solutions team is the most experienced staff in California, having completed hundreds of similar projects. Intuitive & Powerful Spreadsheet Calculation Models. MGT uses powerful, user‐friendly spreadsheet models to calculate overhead rates.
We appreciate the opportunity to continue this partnership. If you have any questions, please contact Ruben Rivas at [email protected] or 831.227.3911. As a Vice President, I am authorized to make commitments, including financial ones, on behalf of MGT for all aspects of this proposal. This proposal is a firm and irrevocable offer for 90 days.
TRANSMITTAL LETTER
3600 American River Dr, Suite 150 | Sacramento, CA 95864 | 916.443.3411 | mgtconsulting.com
Sincerely,
Patrick J. Dyer, Vice President, Performance Solutions
Authorized to Bind the Firm
CITY OF COMPTON, CA | AUGUST 31, 2023
BID NOTIFICATION NUMBER: 10488956 | CONSULTING SERVICES FOR SENATE BILL 90 (SB 90)
PAGE 3
Technical Proposal
License to Practice in California
MGT is licensed to practice in the state of California. Our California Business License is provided in Appendix D.
Firm’s Qualifications and Experience
MGT History and Organization Structure
MGT of America Consulting, LLC (MGT) began
operations in 1974 as a public sector research firm
and has expanded its consulting capabilities and client offerings over the years. We are a national consulting
firm specializing in assisting public sector clients to operate more efficiently and effectively. A significant portion of MGT’s work is repeat business, reflecting a
high level of customer satisfaction in our ability to
provide exceptional professional services.
MGT is organized as a privately held, employee‐
owned and financially stable limited liability company
with a deep roster of experienced cost allocation
experts, support resources, and a commitment to
serve the public. It’s our people that are the driving
force behind the impact we create. Every member of
the firm has a vested interest in the successful
completion of every project, for every client. This
mindset is embedded in our culture in is at the heart
of what we do: we change the communities
we serve – for good.
MGT has acquired a keen understanding of the
structures, operations, and issues facing public
agencies. This understanding comes from nearly 50
years of extensive experience providing financial and
management consulting services to state and local governments, and the prior work experience of our consultants. We are not the biggest, oldest, or highest profile consulting firm; just the best for combining firm qualifications and consultants’ cost allocation expertise with the needs of cities, counties, and state agencies.
Prior to working as consultants, many of our consultants worked in government agencies as managers and staff. This inside knowledge and understanding of government gives our consultants an ability to hit
Name: MGT of America
Consulting, LLC (MGT)
Founded: 1974
Locations: Headquarters in
Tampa Florida; branch offices
nationwide
Staff: 500+ consultants with a
deep roster of experienced cost
allocation experts
Structure: Privately held,
employee ‐owned, client ‐driven
Limited Liability Company
Lines of Business : Government
Consulting, Education and
Financial Solutions, Diversity and
Inclusion, Human Capital, Cyber
Security and Technology
FIRM AT A
GLANCE
TECHNICAL PROPOSAL
CITY OF COMPTON, CA | AUGUST 31, 2023
BID NOTIFICATION NUMBER: 10488956 | CONSULTING SERVICES FOR SENATE BILL 90 (SB 90)
PAGE 4
the ground running from the very start of a project. MGT consultants understand what it means to work within constrained timelines, and the need to produce a product that concisely and clearly articulates findings and results.
Peer Reviews in the Past 3 years
Peer Reviews evaluate firm policies and controls for performing government audits under the Generally Accepted Government Auditing Standards (GAGAS). MGT’s most recent Peer Review was completed on February 2, 2023, and is provided in Appendix E. There has been no disciplinary action from state regulators or professional organizations against the firm in the past 3 years.
The Social Impact of MGT’s Work
MGT’s Commitment to Culture
MGT staff are able to quickly assess and assimilate into various situations. Our focus is always on the task at hand, but we recognize that we are performing each task within a unique cultural environment.
Our teams work across the country with new organizations on a regular basis and take the time to understand the challenges facing each organization. It starts with listening to our clients, not making assumptions, and drawing appropriate comparisons to past experiences. Our high level of repeat work demonstrates our ability to be professional and develop new relationships.
We truly understand the goals of this SB 90 Claiming engagement and how these processes impact the citizens of Compton. By producing and filing state mandated cost claims that maximize revenue while being technically sound and accurate, it ensures that general fund revenues are protected and are available to provide the City of Compton’s core services to its citizens. MGT is a service organization. Recognizing the end goals and the positive benefit that our work provides, and not treating these processes as a commodity, ensures that we are working towards a positive goal with our clients and producing the best possible outcomes.
TECHNICAL PROPOSAL
CITY OF COMPTON, CA | AUGUST 31, 2023
BID NOTIFICATION NUMBER: 10488956 | CONSULTING SERVICES FOR SENATE BILL 90 (SB 90)
PAGE 5
MGT Office Locations
MGT’s headquarters are in Tampa, Florida, with additional locations across the country. The project will be managed and staffed from our Sacramento office.
MGT is structured into several primary consulting divisions. The MGT Financial Solutions Group, consisting of over 40 experienced costing consultants will be responsible for completion of the project.
TECHNICAL PROPOSAL
CITY OF COMPTON, CA | AUGUST 31, 2023
BID NOTIFICATION NUMBER: 10488956 | CONSULTING SERVICES FOR SENATE BILL 90 (SB 90)
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The MGT Consulting Advantage
MGT offers an expert impartial perspective on organizational structure, processes, and practices. As an independent entity, our only vested interest is that of our clients; therefore, we apply our extensive experience to generating objective independent solutions to meet our client needs.
MGT leverages best‐of‐breed data sources to inform policy development and service delivery. Our team balances “gold standard” resources with our unique past performance lessons learned. MGT is committed to offering useful recommendations that achieve tangible results and is ever mindful of the practical and political realities the City may face.
MGT has an extensive track record of providing consulting services that are similar in scope to this project. Our solutions help the organizations we work with achieve their goals and serve their constituents more effectively and efficiently. The considerable amount of repeat work we deliver demonstrates our ability to be professional and develop lasting client relationships.
MGT provides solutions which are specifically tailored to meet the needs of our clients.
The MGT team has an impressive track record of providing customized solutions, objective research, creative recommendations, and quality products that respond to each client's unique needs and time requirements.
MGT Contact Information
FIRM HEADQUARTERS
MGT of America Consulting, LLC
4320 West Kennedy Boulevard |Tampa, Florida 33609
P: 813.327.4717 | Fax: 850.385.4501
INDIVIDUALS AUTHORIZED
TO COMMIT FIRM
Patrick J. Dyer, Vice President
3600 American River Drive, Ste. 150 | Sacramento, CA 95864 P: 916.502.5243 | Email: [email protected]
PROJECT LEADER/
SACRAMENTO OFFICE
Ruben Rivas, Manager
3600 American River Drive, Ste. 150 | Sacramento, CA 95864 P: 831.227.3911 | Email: [email protected]
Further information on MGT and its services are available at www.mgtconsulting.com.
Direct Experience with California Cities and Counties
We are proud of our California heritage and consulting roots. Prior to joining MGT in 2007, the original founders of Public Resource Management Group, LLC (PRM) all started their consulting careers with David M. Griffith and Associates (DMG) during the mid‐1980s and early 1990s. Since that time, MGT has become the dominant costing services consulting firm in the nation with over 40 costing professionals serving, thereby deepening the resources and costing services capabilities available to our state and local government clients.
TECHNICAL PROPOSAL
CITY OF COMPTON, CA | AUGUST 31, 2023
BID NOTIFICATION NUMBER: 10488956 | CONSULTING SERVICES FOR SENATE BILL 90 (SB 90)
PAGE 7
In local government cost consulting, our firm has over 100 years of combined experience in the SB 90, cost allocation, and indirect cost calculation consulting areas. Our predecessors at DMG were originally asked by the California State Controller’s Office (SCO) to assist in the development of the original ICRP format and methodology. That format is still in use today. In our various corporate incarnations since the mid‐1980s, our consultants have worked with over 250 cities, all 58 counties, and over 100 special districts in California.
MGT’s Commitment to the City of Compton
MGT’s Financial Solutions Division is the nation’s fastest growing cost identification and revenue enhancement practice. We continue to grow and add staff which significantly enhances our capabilities and capacity. MGT is a financially stable consulting firm that is expanding throughout the United States.
MGT has assembled an unmatched local team of SB 90 experts to ensure that all requirements outlined in the City’s RFP will be met or exceeded in a timely manner. MGT will, under the direction of the Finance Department, put in place all necessary processes and procedures to prepare and file all eligible annual claims for fiscal year (FY) FY 2022‐23, FY 2023‐24, FY 2024‐25, FY 2025‐26, and FY 2026‐27 (5 fiscal years in total, the filing year is always one year prior to the contract year). MGT is willing and able to perform the commitments contained in this proposal. We are confident that the City will be extremely pleased with our services and commitment to providing the highest level of claiming services and information.
MGT is Best Qualified to Perform this Engagement
Our firm's average level of experience is over 17 years in the mandate consulting area. Our clients benefit from our counsel and advice in the state mandated cost‐claiming field and over the years, we have demonstrated the ability to work within the tight deadlines required by the state mandated cost program. From experience we know that structuring our projects to allow additional time for claim review and revision prior to state imposed deadlines is the best way to ensure our clients achieve the highest quality claims with the least amount of stress.
Our success is based on one simple premise: bring decades of practical experience and total dedication to every client. We do not cut corners and we do not limit our service to our clients. After reading our proposal, we hope the City selects MGT, to be your partner and consulting guide through the SB 90 claiming process.
What Sets MGT Apart from Other Consulting Firms in The SB 90 Claiming Process?
Based on our experience in this field, the following are aspects of our service that are reliably unique to MGT and staff:
Staff Stability and Long‐term Commitment: There is no revolving door or corporate turmoil at MGT. Our firm has been in existence since 1974, and we have the largest city and county SB 90 claiming staff in California. While other firms continue to downsize or are a one‐person shop, our firm continues to add staff. MGT’s formula for success may sound old fashioned, but it is proven…we hire the best people, assign them to a manageable load of clients, and set standards TECHNICAL PROPOSAL
CITY OF COMPTON, CA | AUGUST 31, 2023
BID NOTIFICATION NUMBER: 10488956 | CONSULTING SERVICES FOR SENATE BILL 90 (SB 90)
PAGE 8
to ensure that each client’s needs are met, and then exceeded. Long‐term relationships built on trust are the basis for successful consulting, and we know that starts with assigning staff to our clients who will provide consistently great service over the course of years. Quick contract negotiation and approval.
We are responsive and easy to contact.
Proactive consulting vs. claims processing. The earlier the City’s staff receives information about upcoming claims, the better prepared they will be to provide claiming data that is based on the correct documentation standards. We also train our clients each year on each claiming area, as well as any specific issues related to each claim. We have SB 90 claiming clients all over the state of California, which gives us a state‐wide perspective on processes and claim component eligibility that other firms do not have.
A true consulting team. The City will not get one consultant, you will receive a coordinated team of claiming experts. Given the depth of experience in the proposed team, it would be impossible to assemble a more accomplished project team in the SB 90 arena. A full‐year perspective. Our consultants work with our clients year‐round, not just at claim filing time. We provide our cell phone numbers to our clients and welcome calls and e‐mails from our clients all through the year. We focus on our clients, and we spend as much time as each client needs to ensure their SB 90 engagement is successful each year. Incorrect reduction claims. If the need arises, MGT’s consulting team will prepare and file up to two incorrect reduction claims that may arise due to State audits of claims filed by MGT or any other consulting firm. Additional support is available under separate agreement.
TECHNICAL PROPOSAL
CITY OF COMPTON, CA | AUGUST 31, 2023
BID NOTIFICATION NUMBER: 10488956 | CONSULTING SERVICES FOR SENATE BILL 90 (SB 90)
PAGE 9
Partner, Manager, Supervisor and Staff Qualifications and Experience
We believe our firm is uniquely able to assemble the most experienced, best qualified professional staff for this engagement. The City’s project will be exclusively staffed by consultants from our Sacramento office.
PATRICK DYER, VICE PRESIDENT | PROJECT EXECUTIVE
As Project Executive, Mr. Dyer will ensure that the project is appropriately and adequately staffed and completed on schedule. Mr. Dyer is also responsible for ensuring this SB 90 engagement completely satisfied with MGT’s services, will address and resolve any project management issues that may arise during the engagement.
Mr. Dyer has over 26 years of
experience with state and local
government operations, consulting
across a variety of areas: mandated
cost claiming (SB 90), cost allocation,
user fee analyses, and indirect cost
rates. He has extensive experience in
assisting agencies in the preparation
and submission to state federal
cognizant agencies of funding requests,
claims for reimbursements, indirect
cost rates and indirect cost allocation
plans. Mr. Dyer has been personally
involved with mandates since 1997,
filed test claims, testified before the
Commission on State Mandates,
defended costs during field audits,
prepared and filed claims as both a
claimant and a consultant. Mr. Dyer is
an available resource to discuss audit
defense, desk reviews, test claims or
any counsel your agency requires
related to mandated costs.
MR. RUBEN RIVAS, MANAGER | PROJECT MANAGER|
Mr. Rivas is a Manager with MGT and has over ten years of professional consulting experience working with local governmental agencies. He is experienced with both large and small SB 90 projects and being responsible for the coordination and submission of all SB 90 claims. He has participated in, managed, and completed more than 50 separate consulting engagements throughout his career for cities, counties, and special districts. His wide range of experience, along with his exceptional organizational and interpersonal skills, makes him a significant asset to every one of his projects.
TECHNICAL PROPOSAL
CITY OF COMPTON, CA | AUGUST 31, 2023
BID NOTIFICATION NUMBER: 10488956 | CONSULTING SERVICES FOR SENATE BILL 90 (SB 90)
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Mr. Rivas will oversee the daily work of the project and ensure project implementation occurs on schedule and in accordance with all project requirements. He will have direct responsibility for coordinating the collection of all applicable data from all of the City’s departments, and will also be responsible for the following:
Development of the overall project plan
Remote staff interviews
Preparation of all indirect cost rates (ICRP), mandated cost claims and claim review Deliver claims to State Controller
Interfacing with the SCO related to any field audits and negotiations Respond to any desk reviews performed by the SCO
RICARDO CEPIN, MANAGER, PRINCIPAL AUDITOR, CPA, CFE | DIRECTOR OF QUALITY
CONTROL/ASSURANCE
Mr. Cepin is a skilled audit and accounting professional with over seven years of experience conducting financial, operational, compliance, and performance audits of government entities. As a Manager with MGT, Mr. Cepin serves as the Principal Auditor on audit‐related projects. In addition, Mr. Cepin served as the Principal Auditor on five performance audits of county governments and school districts in accordance with Section 212.055 (10) Florida Statutes. As the Principal Auditor, he was responsible for oversight of all audit activities and compliance with appropriate contracts, policies, rules and regulations. Mr. Cepin is a Certified Public Accountant (CPA) and Certified Fraud Examiner (CFE) and obtained an MBA from Florida State University. Mr. Cepin will serve as the QC Director on Compton’s SB 90 claims ensuring that claims are within restrictions of state instructions, within norms of other similar agencies and steer the City clear of some known audit issues within each eligible mandated program.
MS. SOPHIA BURGESS, ANALYST | PROJECT CONSULTANT
Ms. Sophia Burgess is an Analyst in the Performance Solutions Group at MGT and has excellent financial and program analyst skills. She is a valuable team member on many of MGT’s financial services projects, including work with our user fee studies and SB 90 claiming projects. Ms. Burgess brings exceptional organizational, data analysis and interpersonal skills to this study. She has participated in, managed, and completed more than 15 separate consulting engagements throughout his career for cities, counties, and special districts.
Ms. Burgess will assist in the processing and preparation of the SB 90 claims as well as data collection follow‐up and will be available for any technical questions.
Resumes
By selecting the MGT team, the City can be assured there are no weak links and that each team member possesses unique knowledge and skills that, when combined, produce a well‐rounded and qualified team capable of handling all aspects of this RFP. Resumes for assigned personnel are included on the following pages.
TECHNICAL PROPOSAL
CITY OF COMPTON, CA | AUGUST 31, 2023
BID NOTIFICATION NUMBER: 10488956 | CONSULTING SERVICES FOR SENATE BILL 90 (SB 90)
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PATRICK J. DYER
Vice President | Performance Solutions
Mr. Dyer has over 20 years of professional experience in government operations. He has worked with city, county, state, special district, joint powers authority government agencies on cost accounting and state mandated cost claiming projects during his twelve‐year consulting tenure. Mr. Dyer’s most recent consulting projects focus on the following areas: development user fee calculations, Federal Emergency Management Agency (FEMA) guidance and claiming, regulated cannabis/marijuana studies, city and transit agency cost allocation plans and state mandated cost consulting (specific to CA).
Areas of Expertise
California State Mandate Reimbursement (SB 90)
Cost Allocation Plans, Software & Training
Indirect Cost Rate Proposals
Cost of Service / User Fee Studies
Transit Agency Cost Allocation and Indirect Costs
Federal Negotiations and Audit Defense (FTA, FAA,
HSA)
Mental Health Funding Sources (AB 3632)
Development Impact Fee (DIF) Calculations
Daily Jail Rate, Booking Fee Analyses
Animal Care, Shelter, Enforcement Operations
Costs, and Fees
Elections Program Operations and Cost Accounting
Expert Witness on Cost/Fee Lawsuits
Clerk, Recorder and Elections Fees/Operations
FEMA Claiming & CARES Act Funding
State Agency Fee Studies & Outreach
Education Funding & Fiscal Sustainability
Education
Bachelor of Science, Business Administration (Finance), California State University Sacramento Professional Experience
MGT of America Consulting, LLC, Vice President, August 2007‐Present Public Resource Management Group, LLC, Senior Consulting Manager MAXIMUS, Inc., Project Manager
City of Davis, Finance Department, Revenue Collections Customer Service Coordinator Leadership Expertise
Mr. Dyer is a senior member of MGT’s leadership team. His duties as Vice President include direct project work in addition to a variety of management and administrative items. Mr. Dyer’s business development and administrative duties include the following:
Sales, marketing, and budget oversight for a practice of $4.0 million of consulting engagements Administer contracts, agreements and insurance requirements Staff reviews, supervision and workload analysis for 15 consulting professionals Coordinate, write, review, respond to complex government RFPs Professional History
Prior to beginning his consulting career, Mr. Dyer spent over ten years with the City of Davis, most recently holding the position supervising the Finance Department staff handling all City revenue collection, loans, parking citation billing, 15,000 utility billing accounts and the City's 5,000 business licenses. Mr. Dyer also completed a successful pilot data capture program between the City of Davis and the State of California Department of Motor Vehicles to develop a virtual private network to exchange vehicle owner information and streamline parking collection processes for local government.
TECHNICAL PROPOSAL
CITY OF COMPTON, CA | AUGUST 31, 2023
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PATRICK J. DYER
Vice President | Performance Solutions
While at the City of Davis, Mr. Dyer held the position of President with the Davis City Employees Association, a labor union for approximately 300 of the City’s miscellaneous employees. While holding that position, Mr.
Dyer gained valuable experience related to employer‐employee contracts (MOUs), labor relations law, collective bargaining, class/comp studies and compensation analysis.
Client Service Highlights
Management Consulting for Student Housing | Maryland Economic Development Corporation (MEDCO) Mr. Dyer was part of a team engaged by the Maryland Economic Development Corporation (MEDCO) to deliver a management consultant report for a specific student housing project at Bowie State University, University of Maryland Baltimore County, Towson University, University of Maryland Baltimore, and University of Maryland College Park. Prompted by a failure of the universities to reach the required 1.20 coverage ratio, a requirement of the trust indenture, MGT, an independent entity, developed recommendations with respect to fees, rental rates and changes imposed and collected by MEDCO in connection with its operations of the project and improvements or changes in operations or management of the project or the services rendered by MEDCO.
California Wildfires FEMA Public Assistance Claiming | County of Santa Cruz, CA Mr. Dyer was engaged to develop defensible FEMA claiming and documentation for disaster event claiming.
The scope of the MGT contract was to enhance the activities of the Auditor Controller Tax Collector by assisting County staff with Federal Guidance, interpretations of Policy Manual, development of improved time keeping, procurement documentation and staff training of CAL OES and FEMA guidance related to the County’s category B response to the CZU Lightning Complex Fires in August 2020.
Cost Allocation, Transit | Sound Transit, Seattle, WA
Mr. Dyer initiated a formal cost allocation plan structure for submission to the Federal Transportation Administration (FTA). Prior to engaging MGT, ST had not obtained approval for their indirect costs on federal grants. MGT analyzed, documented the process, negotiated with federal auditors and obtained FTA approval for its cost allocation and indirect cost rates. In total, ST runs $45 million through its cost plan for central service costs. This formal approval of the indirect cost rates helps ST defend a portion of its $170+ million in annual federal grants.
Health Agency Fee Calculations | El Dorado County, CA ‐ Health & Human Services Agency Mr. Dyer led a team of four consultants to analyze user fees and cost recovery for this eight department super‐agency. MGT reviewed cost recovery, developed fee comparisons and recommendations for the Health, Lab, Environmental Health, Animal Services, Vital Records, Mental Health, Public Guardian and Emergency Medical Services departments. This six‐month project resulted in defensible fees for $7.2 million in county cost for user fee activity and recommended changes or new fees of approximately $125,000.
CARES, ARPA, FEMA & Other Pandemic Funding Sources | County of Santa Cruz, CA The County Budget Director engaged the MGT team to help it prioritize, track and train county staff on the nuances of the different funding sources intended to support the activities and impacts of the COVID‐19 pandemic. Track costs, review for eligibility, maximize recovery, minimize audit risk for the various funding sources. Project began in March 2020 and is ongoing.
TECHNICAL PROPOSAL
CITY OF COMPTON, CA | AUGUST 31, 2023
BID NOTIFICATION NUMBER: 10488956 | CONSULTING SERVICES FOR SENATE BILL 90 (SB 90)
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RUBEN RIVAS
Manager | Performance Solutions
Mr. Rivas has consulted with cities and counties throughout the western United States for the past eight years. He has professional experience in SB 90 reimbursement claiming projects, cost allocation plans and user fee studies. Mr. Rivas has helped over 30 cities and multiple counties file their annual state claims, resulting in over three million dollars in state reimbursements. He has also calculated cost of service fees for over a dozen local agencies that resulted in updated citywide fee schedules reflecting each agency’s current costs, fee structure and service demands.
Areas of Expertise
Reimbursable California Mandates (SB 90)
Indirect Cost Rate Proposals
Federal Cost Allocation Plans
Full Cost Allocation Plans
User Fee Studies
Comparison Analysis
Strategic Planning Projects
Time Studies
Education
Bachelor of Science, Business Management, California State University San Jose Professional Experience
MGT of America Consulting, LLC, Senior Consultant, 2012‐Present Spanish Language Skills
Mr. Rivas is fluent in reading, writing and speaking Spanish. This skill has been a benefit to our clients on numerous projects. For the City of Stockton’s library strategic plan project, Mr. Rivas communicated with residents and project stakeholders, providing translation services for MGT staff and subcontractors.
Client Service Highlights
Community Development User Fee Study | City of San Pablo, CA The City of San Pablo hired MGT in early 2020. The City had not analyzed their fees in five years and had recently undergone major staffing changes. MGT was hired to analyze fees and restructure fee schedules for Building, Planning and Public Works. The fee schedule was simplified and structured to be user friendly and reflect the current situation at the City. Overall, the approved fee schedules reflected a significant consolidation of previous categories into a streamlined best practice format.
Citywide User Fee Study | City of Corona, CA
Ms. Rivas is currently leading the update to the citywide cost of service fee study for the City of Corona. The City of Corona hired MGT mid‐2021 to update the study that MGT completed in 2017. Mr. Rivas significantly contributed to the 2017 study. Mr. Rivas helped the City with community outreach meetings, including meeting with the BIA prior to City Council meeting. The current study is expected to be adopted in early spring.
Environmental Health User Fee Study | County of Monterey, CA In addition to a traditional User Fee Study, the County wanted custom tools for the department to use after the MGT engagement ended. Mr. Rivas helped design the unique methodology needed to meet the needs of Monterey County and the scope of services. To ensure successful implementation of the tools, MGT provided a significant amount of additional advice, guidance, and informal training to County staff, so that they could apply fee techniques in the future and leverage specific project materials.
TECHNICAL PROPOSAL
CITY OF COMPTON, CA | AUGUST 31, 2023
BID NOTIFICATION NUMBER: 10488956 | CONSULTING SERVICES FOR SENATE BILL 90 (SB 90)
PAGE 14
RICARDO CEPIN, CPA, CFE
Manager, Principal Auditor | Performance Solutions
Mr. Cepin, a Manager for MGT, is a skilled audit and accounting professional with over nine years of experience conducting financial, operational, compliance, and performance audits. He is a detailed‐oriented team member and has proven success in conducting accurate appraisals of state and local agencies with conditions and financial controls.
Areas of Expertise
Data Analytics
Fluent in Spanish
Experience in FLAIR Accounting
software and AutoAudit
Education Professional Affiliations
M.B.A., Florida State University, 2019
B.S., Accounting, University of South Florida, 2007
Certified Public Accountant (CPA), licensed in Florida
‐ 2015
Certified Fraud Examiner (CFE) ‐ 2016
Project Experience
Alachua County School District (FL) |
Performance Audit
Franklin County School District (FL) |
Performance Audit
Fort Myers Beach Fire District (FL) | Performance
Review
City of Charlottesville (VA) | Disproportionate
Minority Study
City of Dallas (TX) | Availability and Disparity Study City of Dayton (OH) | Third Generation Disparity
Study
City of Fort Lauderdale (FL) | Disparity Study
City of New York City (NY) | Local Hiring Study
City of Phoenix | Construction Audit
City of Port St. Lucie (FL) | User Fee Study
City of Safety Harbor (FL) | Building Permit
Application Review Fee Study
City of Scottsdale (AZ) | General IT Controls Audit
City of Tallahassee (FL) | Disparity Study
City of Westminster (CO) | Cost Allocation Plan
City of Winston‐Salem (NC) | Disparity Study
County of Broward (FL) | Performance Audit
County of Collier (FL) | Performance Audit
County of Garfield (CO) | Uniform Guidance
Compliance Review
County of Maui (HI) | Fiscal and Performance
Audit
County of Okaloosa (FL) | Performance Audit
County of Orange (CA) | Performance Audit
County of Peoria (IL) | Cost Allocation Plan
County of St. Lucie (FL) | Performance Audit
County of Walton (FL) | Performance Audit
Florida Department of Education | Review of
Florida Safe School Assessment Tool
Florida Office of Program Policy Analysis and
Government Accountability | Florida Clerks of
Court Organizational Review
Gwinnett County Public Schools (GA) | SPLOST
Audit Review (Years 1 ‐ 5)
Hendry County School District) | Performance
Audit
Indiana Department of Administration |
Emergency Management Services: Gary
Community School Corporation
Inter American University of Puerto Rico |
Feasibility/Impact Study
North Texas Tollway Authority | Disparity Study
Pinellas County (FL) | Cost Allocation Plan
Prince Georges County and Community College
(MD) | Availability and Utilization Studies
Riverside County (CA) | Internal Audit Services
Texas Department of Family and Protective
Services (TX) |Performance Audit
The Government of Washington, D.C. | MWSDBE
Program Evaluation and Review
Virginia Mines, Minerals and Energy | Indirect Cost
Recovery Rate
TECHNICAL PROPOSAL
CITY OF COMPTON, CA | AUGUST 31, 2023
BID NOTIFICATION NUMBER: 10488956 | CONSULTING SERVICES FOR SENATE BILL 90 (SB 90)
PAGE 15
RICARDO CEPIN, CPA, CFE
Manager, Principal Auditor | Performance Solutions
Additional Experience
Audits of State Agencies – Auditor/Senior Auditor. During his time with the Auditor General’s Office, Mr.
Cepin conducted financial, operational, and compliance audits of state agencies. Planned and managed all aspects of the audit process for comprehensive financial, operational, and compliance audits.
Participated in the Statewide Financial Statement Audit (SWFS), including evaluating internal controls.
Oversaw the cost allocation audit of the Northwest Regional Data Center, including the creation of an audit plan and budget, coordination of on‐site visits, and performing detail testing.
Internal Audits of County Agencies – Senior Internal Auditor. During his time with the Hillsborough County Internal Auditor’s Office, Mr. Cepin evaluated county agencies’ and programs’ performance and compliance with a wide range of local laws and regulations:
Identified and documented weaknesses in internal controls through questionnaires, narratives, and flowcharts.
Assisted in the financial audit of the Safe & Sound Hillsborough program, including reviewing and reconciling financial statement records to ensure that funds contributed by Hillsborough County were expended in accordance with the inter‐local agreement. Conducted financial and performance audits of local programs, including Safe & Sound Hillsborough and the County’s Jan K. Platt Environmental Lands Acquisition and Protection Program (ELAPP), respectively.
Supported the County Internal Auditor and Lead Internal Auditor with ad hoc projects, including management assistance projects requested by department directors.
TECHNICAL PROPOSAL
CITY OF COMPTON, CA | AUGUST 31, 2023
BID NOTIFICATION NUMBER: 10488956 | CONSULTING SERVICES FOR SENATE BILL 90 (SB 90)
PAGE 16
SOPHIA BURGESS
Analyst | Performance Solutions
Ms. Burgess is an Analyst with MGT and has a background in financial analysis and compliance. She has experience with engaging city leaders to better serve their needs, conducting surveys, research projects and developing presentations. Ms. Burgess also has a background in community analysis and engagement, event planning, public speaking, and mentoring. She has experience working with complex software interfaces, including Adobe products, Microsoft Office products (most notably Excel and Photoshop), Clip Studio, Prezi and is a prolific digital artist.
Areas of Expertise
Writing and Editing
Research
Financial Analysis
Data Management
Design
Education Professional Affiliations
Bachelor of Arts (BA), Digital Culture, Arizona State
University, 2019
Arizona State University, Herberger Institute for
Design and the Arts, Creative Fellow
Professional Experience
MGT of America Consulting, LLC, Analyst, Financial Solutions Sample of Relevant Project Experience
Orange County | Test Claim (SB1421)
Ms. Burgess conducted meetings with the county and co‐
authored a test claim in response to senate bill 1421
Gary IN | Education Survey
SMUD | Utility Survey
City of Santee | Mandated Costs (SB90)
City of Anaheim | Mandated Costs (SB90)
City of Los Altos | Mandated Costs (SB90)
City of Rancho Santa Margarita | Mandated Costs
(SB90)
City of Alhambra | Mandated Costs (SB90)
City of Mission Viejo | Mandated Costs (SB90)
City of San Carlos | Mandated Costs (SB90)
City of Anderson | Mandated Costs (SB90)
City of Corning | Mandated Costs (SB90)
City of Moorpark | Mandated Costs (SB90)
City of Ojai | Mandated Costs (SB90)
City of Belmont | Mandated Costs (SB90)
San Mateo County | Mandated Costs (SB90)
City of Foster City | Mandated Costs (SB90)
City of Oakland | Mandated Costs (SB90)
City of Sacramento | Mandated Costs (SB90)
City of La Mesa | Mandated Costs (SB90)
City of Cerritos | Mandated Costs (SB90)
City of Barstow | Mandated Costs (SB90)
City of Porterville | | Mandated Costs (SB90)
City of Seaside | Mandated Costs (SB90)
City of Davis | Mandated Costs (SB90)
City of San Clemente | Mandated Costs (SB90)
City of Montebello | Mandated Costs (SB90)
City of Bell Gardens | Mandated Costs (SB90)
City of Covina | Mandated Costs (SB90)
City of El Monte | Mandated Costs (SB90)
City of Gardena | Mandated Costs (SB90)
City of Hawthorne | Mandated Costs (SB90)
City of La Mirada | Mandated Costs (SB90)
City of Saratoga | Mandated Costs (SB90)
Town of Los Gatos | Mandated Costs (SB90)
TECHNICAL PROPOSAL
CITY OF COMPTON, CA | AUGUST 31, 2023
BID NOTIFICATION NUMBER: 10488956 | CONSULTING SERVICES FOR SENATE BILL 90 (SB 90)
PAGE 17
Similar Engagements with Other Government Entities
MGT’s SB 90 Experience
MGT is clearly the leading California SB 90 consulting firm serving county and city government. All MGT staff proposed to assist the City have greater experience, expertise, and knowledge of the state mandated cost system than all other firms combined.
MGT offers the City the best, most experienced consulting staff, as well as the highest level of service available. MGT has nine SB 90 consultants with over 100 years of combined local government experience. The client list and references that we provide to prospective clients only include agencies that our current staff has served. No other consulting firm can match MGT’s qualifications in the SB 90 area.
MGT currently provides state mandated cost‐claiming services to 105 cities and 34 counties in California. The list of city and county clients that have been served by our consultants during their careers is extensive. Most of our clients have used our firm for many years. It is also the case that many of our clients contract with MGT for multiple consulting engagements each year. We are proud of our service to our clients and value the trust they put in us above all else. A small sample of relevant, large city and county MGT projects are shown below.
MGT’s Large City SB 90 Projects
MGT currently serves 24 cities with populations over 100,000. Working with so many large cities provides MGT consultants with the perspective necessary to maximize eligible claims while minimizing audit exposure. There is no substitute for knowing exactly how other large cities are complying with each mandated program and what they are claiming.
MGT SB 90 PROJECTS FOR CITIES WITH POPULATIONS OVER 100,000 AGENCY POPULATION PROJECT
City of Los Angeles 3,831,868 SB 90 Services
City of San Jose 1,000,000 SB 90 Services
City of Long Beach 469,450 SB 90 Services, Cost Allocation City of Sacramento 502,000 SB 90 Services, Cost Allocation City of Long Beach 500,000 SB 90 Services
City of Anaheim 342,410 SB 90 Services, Cost Allocation City of Bakersfield 380,874 SB 90 Services
City of Santa Ana 334,136 SB 90 Services, Billing Rates City of Riverside 255,166 SB 90 Services
City of Glendale 200,065 SB 90 Services
TECHNICAL PROPOSAL
CITY OF COMPTON, CA | AUGUST 31, 2023
BID NOTIFICATION NUMBER: 10488956 | CONSULTING SERVICES FOR SENATE BILL 90 (SB 90)
PAGE 18
City of Stockton 243,771 SB 90 Services
City of Fremont 234,962 SB 90 Services
City of Irvine 186,852 SB 90 Services
City of Santa Clarita 177,601 SB 90 Services
City of Santa Rosa 169,292 SB 90 Services, Cost Allocation City of Sunnyvale 153,656 SB 90 Services
City of Pasadena 142,647 SB 90 Services, Cost Allocation City of Visalia 126,432 SB 90 Services
City of Santa Clara 127,134 SB 90 Services
City of Concord 129,783 SB 90 Services
City of Berkeley 122,324 SB 90 Services
City of Daly City 107,704 SB 90 Services, User Fee Study City of Burbank 103,340 SB 90 Services
City of Ventura 110,790 SB 90 Services
MGT’s Current City SB 90 Projects
MGT currently serves 105 cities. Working with so many cities provides MGT consultants with the perspective necessary to maximize eligible claims while minimizing audit exposure. There is no substitute for knowing exactly how other cities are complying with each mandated program and what they are claiming. In addition, MGT serves many cities in Southern California including, but not limited to, Bell Gardens, Gardena, Hawthorne, Inglewood, and Montebello. A full list of MGT’s SB 90 city clients is shown below in order of population from largest to smallest.
CITY POPULATION PROJECT
City of Los Angeles 3,831,868 SB 90 Services
City of San Jose 1,013,240 SB 90 Services
City of Sacramento 542,943 SB 90 Services, Cost Allocation City of Long Beach 466,742 SB 90 Services, ISF Services, Cost Allocation City of Oakland 451,618 SB 90 Services, Cost Allocation, User Fee Services
City of Bakersfield 403,455 SB 90 Services
City of Anaheim 346,824 SB 90 Services, Cost Allocation City of Stockton 320,804 SB 90 Services, Cost Allocation City of Santa Ana 310,227 SB 90 Services, Billing Rates TECHNICAL PROPOSAL
CITY OF COMPTON, CA | AUGUST 31, 2023
BID NOTIFICATION NUMBER: 10488956 | CONSULTING SERVICES FOR SENATE BILL 90 (SB 90)
PAGE 19
CITY POPULATION PROJECT
City of Irvine 307,670 SB 90 Services
City of Fremont 230,504 SB 90 Services
City of Santa Clarita 228,673 SB 90 Services
City of San Bernardino 221,101 SB 90 Services
City of Moreno Valley 208,634 SB 90 Services
City of Huntington Beach 198,711 SB 90 Services
City of Glendale 196,543 SB 90 Services
City of Santa Rosa 178,127 SB 90 Services, Cost Allocation, User Fee Services
City of Ontario 175,265 SB 90 Services
City of Oceanside 174,068 SB 90 Services
City of Pomona 151,713 SB 90 Services
City of Salinas 163,542 SB 90 Services
City of Hayward 162,954 SB 90 Services
City of Corona 157,136 SB 90 Services, Cost Allocation, User Fee Services
City of Sunnyvale 155,805 SB 90 Services
City of Fullerton 143,617 SB 90 Services
City of Visalia 141,384 SB 90 Services
City of Orange 139,911 SB 90 Services
City of Pasadena 138,699 SB 90 Services, Cost Allocation City of Santa Clara 127,647 SB 90 Services
City of Simi Valley 126,356 SB 90 Services
City of Vallejo 126,090 SB 90 Services, User Fee Services City of Concord 125,410 SB 90 Services
City of Berkeley 124,321 SB 90 Services
City of Fairfield 119,881 SB 90 Services
City of Carlsbad 114,746 SB 90 Services
City of San Buenaventura 110,763 SB 90 Services
City of Temecula 110,003 SB 90 Services
City of El Monte 109,450 SB 90 Services
TECHNICAL PROPOSAL
CITY OF COMPTON, CA | AUGUST 31, 2023
BID NOTIFICATION NUMBER: 10488956 | CONSULTING SERVICES FOR SENATE BILL 90 (SB 90)
PAGE 20
CITY POPULATION PROJECT
City of Inglewood 107,762 SB 90 Services, Cost Allocation, User Fee Services
City of Burbank 107,337 SB 90 Services
City of Daly City 104,901 SB 90 Services, User Fee Study City of Vacaville 102,386 SB 90 Services
City of Chico 101,475 SB 90 Services
City of Mission Viejo 93,833 SB 90 Services
City of Redding 93,611 SB 90 Services
City of Hemet 89,833 SB 90 Services
City of Santa Barbara 88,665 SB 90 Services
City of Hawthorne 88,083 SB 90 Services
City of Livermore 87,955 SB 90 Services
City of Whittier 87,306 SB 90 Services, Cost Allocation, User Fee Services
City of Manteca 83,498 SB 90 Services
City of Alhambra 82,868 SB 90 Services
City of Folsom 80,454 SB 90 Services
City of Pleasanton 79,871 SB 90 Services
City of Menifee 77,519 SB 90 Services
City of Redlands 73,168 SB 90 Services
City of Turlock 72,740 SB 90 Services, Cost Allocation, Cal Trans ICRP
City of Dublin 72,589 SB 90 Services, User Fee Services City of Baldwin Park 72,176 SB 90 Services
City of Redondo Beach 71,576 SB 90 Services
City of Camarillo 70,741 SB 90 Services
City of Union City 70,143 SB 90 Services
City of Yuba City 70,117 SB 90 Services
City of Palo Alto 68,875 SB 90 Services
City of Davis 66,850 SB 90 Services
City of South San Francisco 66,105 SB 90 Services
TECHNICAL PROPOSAL
CITY OF COMPTON, CA | AUGUST 31, 2023
BID NOTIFICATION NUMBER: 10488956 | CONSULTING SERVICES FOR SENATE BILL 90 (SB 90)
PAGE 21
CITY POPULATION PROJECT
City of Brentwood 64,292 SB 90 Services
City of San Clemente 63,522 SB 90 Services
City of La Habra 63,097 SB 90 Services, Cost Allocation, User Fee Services
City of Montebello 62,640 SB 90 Services
City of Porterville 62,623 SB 90 Services
City of La Mesa 61,121 SB 90 Services, Cost Allocation, User Fee Services
City of Gardena 61,027 SB 90 Services
City of Santee 60,037 SB 90 Services
City of Colton 53,909 SB 90 Services
City of Novato 53,225 SB 90 Services
City of Aliso Viejo 52,176 SB 90 Services
City of Covina 51,268 SB 90 Services
City of Cerritos 49,578 SB 90 Services
City of Ceres 49,302 SB 90 Services
City of La Mirada 48,008 SB 90 Services
City of Rancho Santa Margarita 47,949 SB 90 Services
City of Rohnert Park 44,390 SB 90 Services
City of Bell Gardens 39,501 SB 90 Services
City of Martinez 37,287 SB 90 Services
City of Moorpark 36,284 SB 90 Services
City of Manhattan Beach 35,506 SB 90 Services
Town of Los Gatos 33,529 SB 90 Services
City of Seaside 33,025 SB 90 Services
City of San Pablo 32,127 SB 90 Services
City of Saratoga 31,051 SB 90 Services
City of San Carlos 30,722 SB 90 Services
City of East Palo Alto 30,034 SB 90 Services
City of Belmont 28,335 SB 90 Services
City of Sanger 26,617 SB 90 Services
TECHNICAL PROPOSAL
CITY OF COMPTON, CA | AUGUST 31, 2023
BID NOTIFICATION NUMBER: 10488956 | CONSULTING SERVICES FOR SENATE BILL 90 (SB 90)
PAGE 22
CITY POPULATION PROJECT
City of Barstow 25,415 SB 90 Services
City of Oroville 20,042 SB 90 Services
City of El Segundo 17,272 SB 90 Services
Town of Truckee 16,729 SB 90 Services
City of Carpinteria 13,264 SB 90 Services
City of Marysville 12,844 SB 90 Services
City of Healdsburg 11,340 SB 90 Services
City of Anderson 11,323 SB 90 Services
City of Corning 8,244 SB 90 Services
City of Ojai 7,637 SB 90 Services
MGT’s Current California County SB 90 Projects
MGT currently serves 34 of California’s 58 Counties, as shown in the table below.
COUNTY SERVICES PROVIDED DURATION
Alameda SB 90 Services, Cost Allocation 2014 ‐ present Amador SB 90 Services, Cost Allocation 2013 ‐ present Butte SB 90 Services, Cost Allocation, User Fees 2012 ‐ present Calaveras SB 90 Services, Cost Allocation, User Fees 2008 ‐ present El Dorado SB 90 Services, EH User Fees, Cost Allocation 2010 ‐ present Imperial SB 90 Services 2009 ‐ present
Inyo SB 90 Services, Cost Allocation 2003 ‐ present
Kings SB 90 Services 2010 ‐ present
Lake SB 90 Services, Cost Allocation 2008 ‐ present
Lassen SB 90 Services, Cost Allocation, PTA Report 2008 ‐ present Madera SB 90 Services, Cost Allocation 2010 ‐ present Marin SB 90 Services, Cost Allocation 2003 ‐ present
Merced SB 90 Services, Cost Allocation 2020 ‐ present Mono SB 90 Services, Cost Allocation, PTA Report 2013 ‐ present Monterey SB 90 Services, Cost Allocation, User Fees, ISF Study 2013 ‐ present Napa SB 90 Services, Cost Allocation, User Fees 2014 ‐ present Nevada SB 90 Services, Cost Allocation, Cal Trans ICRP, Jail Rates, ICRPs 2010 ‐ present TECHNICAL PROPOSAL
CITY OF COMPTON, CA | AUGUST 31, 2023
BID NOTIFICATION NUMBER: 10488956 | CONSULTING SERVICES FOR SENATE BILL 90 (SB 90)
PAGE 23
COUNTY SERVICES PROVIDED DURATION
Orange SB 90 Services, Cost Allocation, User Fees 2005 ‐ present Plumas SB 90 Services, Cost Allocation 2008 ‐ present Riverside SB 90 Services 2005 ‐ present
Sacramento SB 90 Services, Cost Allocation 2013 ‐ present San Benito SB 90 Services, Cost Allocation 2019 ‐ present San Mateo SB 90 Services, Cost Allocation, User Fees, Jail Rates 2003 ‐ present Santa Barbara SB 90 Services, User Fees 2003 ‐ present Santa Clara SB 90 Services, CAP Software 2010 ‐ present Santa Cruz SB 90 Services, Cost Allocation, FEMA, Facilities Costs 2003 ‐ present Siskiyou SB 90 Services 2014 ‐ present
Sonoma SB 90 Services, User Fees, Jail Access Fee 2005 ‐ present Stanislaus SB 90 Services, FEMA, CAP Software 2008 ‐ present Sutter SB 90 Services, Cost Allocation 2010 ‐ present Trinity SB 90 Services 2011 ‐ present
Tuolumne SB 90 Services, Cost Allocation 2010 ‐ present Yolo SB 90 Services, Cost Allocation, CAP Software, User Fees 2010 ‐ present Yuba SB 90 Services, Cost Allocation 2013 ‐ present
Project Examples/ Case Studies
Below are three recent case studies in the SB 90 reimbursement claiming field that demonstrate MGT’s expertise and the ability to take the lead on claims, seek effective solutions, and ensure successful outcomes.
CASE STUDY 1 | MGT DESK REVIEW EXPERTISE & AUDIT DEFENSE The State Controller’s Office (SCO) has the authority to perform either a desk review or field audit on SB 90 claims. Over the past few years, the number of desk reviews and field audits by the SCO has grown considerably. MGT has exceptional relationships with the SCO’s staff and has always been able to resolve any of their concerns. The most recent SCO desk review involved the Health Benefits for Survivors of Peace Officers & Firefighters claims. The SCO’s auditor contacted MGT to inquire where the benefits for survivors were listed on the claim forms. This claim has been eligible since 2001 and MGT’s staff is extremely familiar with it. This was the first time in the claim’s history that the SCO’s auditor was requesting that ALL agencies file their survivor costs under the benefits column on the claim form. After speaking with the SCO’s auditor and pointing out that what they are asking for is problematic due to the benefits column receiving overhead if the indirect cost rate is applied to both salary and benefits, the SCO agreed that their current claiming forms are incorrect and will need to be changed for the next claiming year. Prior to this conversation, the SCO’s auditor was going to require ALL agencies to refile their FY 2017/2018 claims showing the costs under the benefits column. MGT was able to present their TECHNICAL PROPOSAL
CITY OF COMPTON, CA | AUGUST 31, 2023
BID NOTIFICATION NUMBER: 10488956 | CONSULTING SERVICES FOR SENATE BILL 90 (SB 90)
PAGE 24
expertise in understanding the claim and the claim forms, thus saving agencies from having to refile this claim.
CASE STUDY 2 | SACRAMENTO COUNTY – STATE MANDATED COST CLAIMS In 2015 Sacramento County was not satisfied with another consulting firm. MGT was contacted by the County to help with the filing and preparation of the County’s indirect cost rate proposals and state mandated cost claims. With less than thirty days before the State deadline, MGT was asked to step in and start over. Because of the familiarity of the County’s departments and personnel, and knowledge of what claims needed to be prepared, MGT was able to prepare and file all of the County’s claims before the deadline without receiving a penalty from the State Controller’s Office. At the end, Sacramento County staff were impressed by MGT’s ability to get the job done in a short amount of time, while saving the County approximately $99,000 in State penalties had they stayed the course with the prior vendor.
CASE STUDY 3 | CITY OF BURBANK – STATE MANDATED COST CLAIMS The City reached out and asked the subject matter experts at MGT to provide a turn‐key approach to the state mandated cost claiming process. The scope of requirements varies with each city. In the case of Burbank, their objectives included:
Maximizing reimbursement for mandated programs.
Ensuring all eligible programs are filed.
Ensuring all State deadlines are met.
Filing all claims in accordance with claiming instructions and forms. Reducing field audit risk.
Improved tracking of costs, payments, documentation, and support of claims. Providing easy access to a complex process.
Understanding the legislative impact to reimbursement.
The City of Burbank truly benefited from MGT’s approach to maximize the amount of state reimbursement through SB 90 claiming, while making the entire process simple for city management and staff. In the area of state mandated cost claims, Burbank found that MGT professionals offer the best, most experienced consulting staff, as well as the highest level of service available.
TECHNICAL PROPOSAL
CITY OF COMPTON, CA | AUGUST 31, 2023
BID NOTIFICATION NUMBER: 10488956 | CONSULTING SERVICES FOR SENATE BILL 90 (SB 90)
PAGE 25
References
Provided below are SB 90 project references. MGT has earned a reputation as a leader in SB 90 and has experience across California. Many of our clients have contracted with MGT for multiple projects. We feel repeat business is the greatest testament to our commitment to customer service and client satisfaction. We encourage you to contact our references to learn of the expertise of our staff, professionalism, and ability to meet established timelines.
City of Hawthorne,
CA
Contact: Ms. Felice Lopez
Title: Director of Finance
Phone: 310.349.2923
E‐Mail: [email protected]
Project
Description:
Comprehensive SB 90 project, including training,
department interviews, data collection, claim
preparation, ICRP preparation, claim/ICRP finalization and obtaining signatures, filing claims with SCO, providing list of claims filed with signed claims receipt, responding to SCO questions, reviews and field audits, providing
information on upcoming new claims or statewide issues.
Years of
Service:
Mr. Rivas has provided continuous SB 90 consulting
services since 2014 (9 years)
City of Gardena
Contact: Mr. Ray Beeman
Title: Director of Administrative Services
Phone: 310.217.9502
E‐Mail: [email protected]
Project
Description:
Comprehensive SB 90 project, including training,
department interviews, data collection, claim
preparation, ICRP preparation, claim/ICRP finalization and obtaining signatures, filing claims with SCO, providing list of claims filed with signed claims receipt, responding to SCO questions, reviews and field audits, providing
information on upcoming new claims or statewide issues.
Years of
Service:
Mr. Rivas has provided continuous SB 90 consulting
services since 2016 (7 years)
TECHNICAL PROPOSAL
CITY OF COMPTON, CA | AUGUST 31, 2023
BID NOTIFICATION NUMBER: 10488956 | CONSULTING SERVICES FOR SENATE BILL 90 (SB 90)
PAGE 26
City of Whittier, CA
Contact: Ms. Alice Hui
Title: Director of Finance
Phone: 526.567.9836
E‐Mail: [email protected]
Project
Description:
Comprehensive SB 90 project, including training,
department interviews, data collection, claim
preparation, ICRP preparation, claim/ICRP finalization and obtaining signatures, filing claims with SCO, providing list of claims filed with signed claims receipt, responding to SCO questions, reviews and field audits, providing
information on upcoming new claims or statewide issues.
Years of
Service:
Mr. Rivas has provided SB 90 consulting services since
2014 (9 years)
City of El Monte, CA
Contact: Ms. Anne Blakeley
Title: Finance Manager
Phone: 626.580.2028
E‐Mail: \ [email protected]
Project
Description:
Comprehensive SB 90 project, including training,
department interviews, data collection, claim
preparation, ICRP preparation, claim/ICRP finalization and obtaining signatures, filing claims with SCO, providing list of claims filed with signed claims receipt, responding to SCO questions, reviews and field audits, providing
management report, providing information on upcoming
new claims or statewide issues.
Years of
Service:
Mr. Ruben Rivas has provided continuous SB 90
consulting services since 2015 (7 years).
TECHNICAL PROPOSAL
CITY OF COMPTON, CA | AUGUST 31, 2023
BID NOTIFICATION NUMBER: 10488956 | CONSULTING SERVICES FOR SENATE BILL 90 (SB 90)
PAGE 27
MGT Quality Assurance
Our process helps ensure that quality assurance is front and center on all engagements. MGT emphasizes continuous improvement and utilizes a variety of tools and technology to ensure quality despite changes in project scope and/or circumstances. MGT has also gone through an external peer review process, which evaluates our policies and controls for performing government audits under the Generally Accepted Government Auditing Standards (GAGAS). OPPAGA projects were part of the population of the performance audits conducted and reviewed.
Exhibit 1. MGT Quality Assurance Process
TECHNICAL PROPOSAL
CITY OF COMPTON, CA | AUGUST 31, 2023
BID NOTIFICATION NUMBER: 10488956 | CONSULTING SERVICES FOR SENATE BILL 90 (SB 90)
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Approach and Methodology
Brief History of State Mandated Cost Claims (SB 90)
The concept of state reimbursement to local agencies and school districts for state mandated activities originated with the Property Tax Relief Act of 1972 (Senate Bill 90, Chapter 1406, Statutes of 1972), known as SB 90. The primary purpose of the Act was to limit the ability of local agencies and school districts to levy taxes. To offset these limitations, the Legislature declared its intent to reimburse local agencies and school districts for the costs of new programs or increased levels of service mandated by state government. The Legislature authorized the State Board of Control to hear and decide upon claims requesting reimbursement for costs mandated by the state.
In 1979, voters approved Proposition 4, which added article XIII B to the California Constitution and superseded the SB 90 legislation. Article XIII B imposed appropriation limits on the tax proceeds of both state and local governments. Section 6 of article XIII B requires that whenever the Legislature or any state agency mandates a new program or higher level of service on local government, the state must provide a subvention of funds to reimburse the associated costs, with certain exceptions.
To implement section 6 of article XIII B, the Legislature enacted Government Code section 17500 under Chapter 1459, Statutes of 1984. On January 1, 1985, the Commission was created to succeed the State Board of Control. The Commission is a quasi‐judicial body whose primary responsibility is to hear and decide test claims that allege that the Legislature or a state agency imposed a reimbursable state mandate program upon local government. Additionally, the Commission hears and decides claims alleging that the State Controller's Office has incorrectly reduced payments to a local agency or school district.
Throughout the year, our consultants attend the Commission hearings to ensure we have a thorough understanding of all pending issues and interpretations in the SB 90 area, as well as all upcoming local government reimbursement claims.
In recent years the Commission has approved several new reimbursable programs, including:
Peace Officer Training: Mental Health/Crisis Intervention Racial and Identity Profiling
Sexual Assault Identify Kits: Testing
Juvenile Custodial Interrogations
MGT’s team will work with the City to apprise them of potential new claims even before they are officially released. Once the new claim is released and a due date for submission established, our team initiates the process as described below in Task 1.0 New Claims.
Scope of Services
MGT provides true turn‐key mandate cost claiming services to its clients, and our approach is based around personal interaction. Our staff is involved with our clients’ claiming process throughout the year, providing proactive news, reports, and the earliest notification of new SB 90 claims possible.
TECHNICAL PROPOSAL
CITY OF COMPTON, CA | AUGUST 31, 2023
BID NOTIFICATION NUMBER: 10488956 | CONSULTING SERVICES FOR SENATE BILL 90 (SB 90)
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We provide our clients claiming summaries and data collection guides to assist them in understanding all of the eligible components of each program. This process supplements the on‐site interviews that our staff conducts to ensure each department contact understands precisely what data is required, and what the internal deadlines are for submission.
Most counties are at risk of desk reviews from the State Controller. We believe that part of our job is assisting your departments to understand the appropriate levels of documentation required for each claim the City files.
Finally, the project manager will complete all claims, all indirect cost rate proposals, and compile all elements of the claims in electronic format and send to the City for review and signature well in advance of the claiming deadline.
Throughout the year, our consultants attend the key meetings with the Commission on State Mandates, the State Controller, Department of Finance and other important stake holders to ensure we have a thorough understanding of all pending issues and interpretations in the SB 90 area, as well as all upcoming local government reimbursement claims.
MGT Consulting will provide the following services to the City:
Identify all possible SB 90 claiming opportunities.
Prepare and file all eligible annual SB 90 claims with the SCO. Prepare and file all eligible first time or new SB 90 claims that have claiming instructions issued during the given fiscal year.
Provide assistance with SCO desk reviews and field audits. Assist the City with knowledge transfer and training related to the SB 90 process at the State level and also related to other local agencies in California.
Our firm has carefully reviewed the City’s RFP and is confident that all services described will meet the City’s desired scope. We are also proposing to provide additional services and deliverables for no additional fees that exceed the scope of the RFP. We believe MGT’s approach will provide exceptional value to the City.
Work Plan
There are many steps in an SB 90 work plan. However, MGT has identified the following order of activities as the most important landmark events that must occur for the City to have a successful SB 90 claiming engagement.
NEW CLAIMS
1.1 Establish a schedule and approach needed to complete all new or first‐time claims due within the fiscal year. This includes remote interviews with all applicable City department personnel.
TECHNICAL PROPOSAL
CITY OF COMPTON, CA | AUGUST 31, 2023
BID NOTIFICATION NUMBER: 10488956 | CONSULTING SERVICES FOR SENATE BILL 90 (SB 90)
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1.2 Assist department staff to understand the specific mandated requirements for each SB 90 program, and how the City complies with the specific reimbursable portions of each program.
Eligibility will be determined using the following criteria:
The test claim’s statement of decision.
The California Commission on State Mandates approved parameters and guidelines. The SCO’s claiming instructions.
How other agencies around the state are complying with and interpreting the mandate.
1.3 Prepare all necessary department wide ICRPs. MGT consultants have prepared thousands of ICRPs over the past 25+ years. We believe that our experience has developed a depth of understanding that is unmatched in the field.
1.4 Receive claims from the City for single department SB 90 programs and review the claims for completeness, propriety, and eligibility of costs.
1.5 Perform a quality assurance review of the City’s SB 90 claims to ensure the costs are supported by appropriate source documentation.
1.6 Prepare claims and provide the completed claims and ICRPs to the City for review and signature at least four weeks prior to the claiming deadline.
1.7 File the signed claims with the SCO prior to the deadline.
ANNUAL CLAIMS: DUE TO THE STATE BY FEBRUARY 15TH
2.1 Establish schedule and approach needed to complete all annual claims due to the state by February 15, 2024. This includes remote interviews with all applicable City department personnel.
2.2 Facilitate department staff in describing how the City complies with the specific mandated programs and help the City determine eligible costs based on the following criteria:
The test claim’s statement of decision.
The California Commission on State Mandates approved parameters and guidelines. The SCO’s claiming instructions.
How other agencies around the state are complying with and interpreting the mandate.
2.3 Work with City’s SB90 coordinator to provide project status reports listing all steps in the process and showing due dates, submittal dates, dates received, and approval dates for both City staff and the MGT project team, with regular updates to City management.
2.4 Conduct department meetings to provide a summary of eligible claims and activities for each department
2.5 Gather financial documents, such as: salaries, benefits, cost allocation plan, and expenditures for each eligible department.
2.6 Prepare all necessary department‐wide ICRPs
2.7 Receive claims from the City for single department SB 90 programs and review the claims for completeness, propriety, and eligibility of costs.
TECHNICAL PROPOSAL
CITY OF COMPTON, CA | AUGUST 31, 2023
BID NOTIFICATION NUMBER: 10488956 | CONSULTING SERVICES FOR SENATE BILL 90 (SB 90)
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2.8 Perform a quality assurance review of the City’s SB 90 claims to ensure they mesh with the associated department ICRPs.
2.9 Discuss any potential or necessary changes with the appropriate City staff member.
2.10 Provide the completed claims and ICRPs to the City for review and signature at least four weeks prior to the claiming deadline.
2.11 File the signed claims with the SCO prior to the deadline.
2.12 Provide any necessary updates to City’s SB90 coordinator related to claims, payments due, payments received, etc.
2.13 Serve as liaison between the SCO and City. Assist with responding to desk reviews. Field audits are not included in the fixed price and will be charged as time and materials using the project manager’s hourly rate
Proposed Schedule and Claiming Timeline
MGT will complete SB 90 data collection and claims preparation on the following schedule for City:
To ensure that the project progresses smoothly, it is imperative that the proposed project timeline is agreed to by all parties. At the inception of the project, we will meet with the City’s SB 90 Coordinator to discuss the timeline and adjust as needed. MGT is able to start the project the day after an agreement is signed.
MGT will assist City departments with data gathering.
TECHNICAL PROPOSAL
CITY OF COMPTON, CA | AUGUST 31, 2023
BID NOTIFICATION NUMBER: 10488956 | CONSULTING SERVICES FOR SENATE BILL 90 (SB 90)
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We believe this accelerated schedule will still afford MGT time to complete the City’s SB 90 claims, and time for the City to adequately review the claims prior to submission to the state. MGT will do everything possible to ensure there is no last‐minute crunch or signing‐day scrambles.
Keys to Project Success
1. Project Coordination
MGT views the SB 90 process as a partnership between the City and our firm. MGT will manage all aspects of project coordination, working closely with your SB 90 Coordinator to keep the City apprised of all relevant activity. MGT will:
Provide the City with a list of all eligible claims, as well as Claim Summary sheets and Data Collection forms. All of these concise summaries and forms are available in a variety of electronic formats (Microsoft Word, Excel, and Adobe PDF) to make use and disbursement of claiming information as easy as possible.
Work in concert with City’s SB 90 Coordinator to coordinate the City’s overall claiming process.
Once again, minimal reliance will be placed on the City’s SB 90 Coordinator in this process. Work with departments to ensure all data required to file eligible claims is gathered in a timely fashion. Our team works closely with our client departments after the on‐site interviews to ensure all questions are answered and deadlines are met. Ensure all eligible claims are filed on time and provide the City with written documentation showing which claims were filed and which claims were not filed, and why.
2. Data Collection
The three components of data collection related to this engagement include: direct cost program data, indirect cost data, and supporting documentation.
DIRECT COST PROGRAM DATA COLLECTION
Conduct individual meetings with departments to discuss all reimbursable mandated activities. Develop a schedule and plan for mining the necessary data to ensure claims are completed well before the claiming deadlines.
Gather all required direct cost data.
DEPARTMENTAL INDIRECT COST DATA COLLECTION
Gather salary and benefit data from the City or the individual departments for all required fiscal years.
Collect certain pages from the City’s cost allocation plan.
SUPPORTING DOCUMENTATION COLLECTION
MGT will work with City departments to determine the documentation that must be submitted to the state as attachments to claims, and what documentation should be maintained in the TECHNICAL PROPOSAL
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City’s files in case of the SCO inquiry or field audit. MGT will then collect only the documentation the SCO requires to be submitted.
3. Orientation and Training for City of Compton Department Staff We believe there is no cookie cutter approach to successful orientation and training. Some of the City personnel are undoubtedly savvy and experienced with SB 90 claiming, while others are likely to be new to the process. MGT will tailor its level of training to meet the needs of each department. As we have previously stated, early communication is the most important aspect of this component. Some of the key aspects of our orientation and training include:
Provide electronic notification on upcoming mandate claims as soon as the parameters and guidelines for these programs are approved. This will be done primarily via e‐mail and will provide the key department personnel, as well as your Coordinator, the most complete view of upcoming SB 90 programs.
Provide training sessions for both program and fiscal staff. It is important that both parts of each affected department understand the state's requirements and any specific issues related to the particular mandate from a programmatic and fiscal standpoint. In addition, we will provide a history and overview of the SB 90 program to any department staff that are new to the process. Assist the City in establishing relevant, defensible source documentation standards for each claim within each of the City’s claiming departments. Our goal for each of the City’s claims is to ensure documentation exists to establish that the mandate was performed, and personnel costs are adequately documented.
4. Claim Preparation
Once data has been received from the City, MGT will prepare all eligible claims on behalf of the City using required SCO claim forms.
DIRECT COSTS
Prepare all claims that apply to single departments. Once again, our experience will ensure no cost components are misinterpreted or omitted.
INDIRECT COSTS
Prepare ICRPs, and all support documents for all claiming departments. Obtain approval from each subject department for all ICRPs to be used in conjunction with current SB 90 claims, as well as the SB 90 Coordinator. The ICRPs provide an approved method for claiming departmental indirect costs. At this step, it is vital to ensure no staff time being claimed as a direct cost in the claim, is included in the ICRP.
FILING PROCEDURES
MGT will provide the City’s SB 90 Coordinator with a clear, understandable process for receiving the completed claims/ICRPs and obtaining the necessary signatures. MGT will perform one final quality control check to ensure the City has signed two original coversheets, all parts of the claim are included, and required documentation is attached.
TECHNICAL PROPOSAL
CITY OF COMPTON, CA | AUGUST 31, 2023
BID NOTIFICATION NUMBER: 10488956 | CONSULTING SERVICES FOR SENATE BILL 90 (SB 90)
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MGT will hand deliver all signed claims received from the City to the SCO on or before the stated deadline. We will also provide the SCO a claims receipt for their staff to sign and return. MGT submits hard copies of all claims to the SCO.
5. Ongoing Support & Status Updates
The claiming process is obviously the key aspect of this engagement, but the ongoing support services that MGT offers are important complimentary services to continuously upgrading the City’s knowledge base, relations, and communications with the state and contract agencies, and anticipation of changes to the claiming process.
STATUS UPDATES – KNOWLEDGE TRANSFER
Because the SB 90 process is changing constantly, MGT
has numerous senior‐level mandate consultants that
live within minutes of the state capitol in Sacramento.
Commission meetings, budget hearings, legislative
sessions, and test claim pre‐hearings will be attended
by staff assigned to the City’s project. MGT will not
send a note taker to these meetings— your consultant
will be there. MGT researches relevant sections of the
state budget bills and law changes which could
potentially impact the City’s mandated programs and
revenues.
The SB 90 process is constantly changing and evolving.
MGT will provide targeted, relevant communication on
statewide issues, interpretations, and actions at the
state capitol relating to the SB 90 process throughout
the fiscal year via MGT Instant Updates©, a series of e‐ mail communiqués designed to keep our clients up to
date with the latest mandate legislation, California
Commission on State Mandates decisions, and state
agency interpretations. MGT will sort through all of the pertinent activity to provide the City with the most
relevant information throughout the year, saving the
City time and resources.
6. Communicating with State Officials
STATE LIAISON ASSISTANCE
MGT will monitor State Controller requests or issues that could affect the City’s SB 90 claims.
MGT will also provide liaison assistance with the SCO at the desk review level. The SCO may call requesting additional information, or duplicate documentation that may have been misplaced in their offices. Our firm will field these calls and fulfill all appropriate requests without the need for City involvement if possible. In addition, our staff has extensive experience preparing local agencies for field
TECHNICAL PROPOSAL
CITY OF COMPTON, CA | AUGUST 31, 2023
BID NOTIFICATION NUMBER: 10488956 | CONSULTING SERVICES FOR SENATE BILL 90 (SB 90)
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audits and assisting in their representation beyond the exit conference. MGT will offer assistance and response on any current or future field audits that may result from claims filed in the past.
AUDIT ASSISTANCE & PROTECTION
Nobody wants to see the SCO auditing their claims, but higher levels of scrutiny are a fact of life. Our team has extensive experience preparing local agencies for field audits and assisting in their representation beyond the exit conference. Our team has assisted dozens of California cities and counties to file audit responses when agreement with the SCO audit findings is not resolved. MGT will offer assistance and response on any current or future field audits that may result from claims filed in the past. This is not included in the fixed price. In case of a field audit arising, MGT will charge time and materials at the project managers hourly rate.
REMITTANCE TRACKING
MGT will assist the City with all aspects of remittance tracking throughout the entire fiscal year. We will consistently:
Provide copies of all claims receipts, declarations, and summary claiming reports to the City. Assist the City with tracking claim payments made by the state. Now that the state has resumed this function, MGT will assist the City with this sometimes‐confusing process.
CITY OF COMPTON, CA | AUGUST 31, 2023
BID NOTIFICATION NUMBER: 10488956 | CONSULTING SERVICES FOR SENATE BILL 90 (SB 90)
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Dollar Cost Bid
Included below is the Cost Proposal in the format shown in Appendix A of the RFP.
SB90 Claiming Services ‐ Terms Amount US $
Year 1: FY24‐25 (FY23‐24 claims to be filed 2/15/25) $12,444 Year 2: FY25‐26 (FY24‐25 claims to be filed 2/15/26) $11,900 Year 3: FY26‐27 (FY25‐26 claims to be filed 2/15/27) $11,900 All inclusive, subtotal (years 1‐3) $36,244
Optional Renewal Years Amount US $
Option Year 1: FY27‐28 (FY26‐27 claims to be filed
2/15/28) $12,200
Option Year 2: FY28‐29 (FY27‐28 claims to be filed
2/15/29) $12,500
All inclusive, subtotal (option years 1‐2) $24,700
Grand Total, not to exceed $60,944
CITY OF COMPTON, CA | AUGUST 31, 2023
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Appendix B: Proposer Guarantees
CITY OF COMPTON, CA | AUGUST 31, 2023
BID NOTIFICATION NUMBER: 10488956 | CONSULTING SERVICES FOR SENATE BILL 90 (SB 90)
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Appendix C: Proposer Warranties
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Appendix D: California Business
License
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Appendix E: Peer Review
June 25, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: PUBLIC WORKS STREET MAINTENANCE DEPARTMENT
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON
AUTHORIZING THE CITY MANAGER TO UTILIZE ARPA (AMERICAN
RESCUE PLAN ACT) FUNDING IN ESTABLISHING A PURCHASE
ORDER WITH UNITED PACIFIC SERVICES, INC. TO PROVIDE TREE
TRIMMING AND MAINTENANCE SERVICES IN AN AMOUNT NOT TO
EXCEED SIX HUNDRED THOUSAND DOLLARS ($600,000)
SUMMARY
Adoption of this resolution will authorize the City Manager to utilize ARPA (American Rescue Plan Act) funding in establishing a purchase order with United Pacific Services Inc. to provide tree trimming and maintenance services in an amount not to exceed Six Hundred Thousand Dollars ($600,000).
BACKGROUND
The City of Compton’s Urban Forest Program plays a crucial role in enhancing the quality of life in the City by providing numerous environmental, social and economic benefits.
Managing and enhancing trees in Compton not only beautifies the City but also contributes to improving air quality, reducing energy costs, mitigating stormwater runoff and fostering community well-being.
The Urban Forestry Program oversees more than 12,000 trees and is responsible for administering proper tree care; planting new trees; removing dead and hazardous trees; conducting reforestation projects in the parks, municipal grounds, open spaces, medians and streets, and maintaining a street database with maintenance information about trees throughout the City.
STATEMENT OF THE ISSUE
The management of public trees falls exclusively to the Public Works Street Maintenance Department (Department). The Department has received an appropriation of ARPA (American Rescue Plan Act) funding to enhance tree maintenance services in the City.
By utilizing ARPA funding to enhance tree maintenance services, the Department can expand its efforts to care for and maintain street trees, which will have a range of positive impacts, including ensuring that the City’s urban forest continues to thrive, providing numerous benefits to residents for years to come.
11.11. Staff Report – Resolution Authorizing Purchase Order Tree Trimming and Stump Removal Services – United Pacific Services, Inc.
June 25, 2024, Page 2
United Pacific Services, Inc. is currently the City’s contractor for tree maintenance services. The services provided by the vendor includes a Tree Inventory Software and GPS Inventory.
The Tree Inventory and GPS services are both very significant to the City because it provides a record of the location and characteristics of individual trees, and the characteristics of their environs within defined geographic areas. Tree Inventories include street trees, trees in the parks and tree at other City owned properties locations. Overall, the Tree Inventory and GPS services serve as foundational tools for building and maintaining a healthy, resilient urban forest, contributing to the well-being of both the environment and the community.
United Pacific Services, Inc. has provided tree maintenance work with over 20 municipalities in Southern California and the company employs certified Arborists and Pest Control Advisers. The firm has a 2-acre shop and office facility located in the City of South Gate and can respond to emergency tree requests within thirty (30) minutes.
FISCAL IMPACT
Funds in an amount not to exceed Six Hundred Thousand Dollars ($600,000) are available in the Department’s Fiscal Year 2023-2024 Budget in Account No. 2810-720- 000-4266 (American Rescue Plan Act).
ALTERNATIVE
No other alternative is being proposed.
RECOMMENDATION
Staff recommends the City Council adopt the attached Resolution.
DAMION TIMMONS
STREET SUPERINTENDENT
APPROVED FOR FORWARDING
WILLIE HOPKINS, JR.
CITY MANAGER
RESOLUTION NO.____________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON
AUTHORIZING THE CITY MANAGER TO UTILIZE ARPA (AMERICAN
RESCUE PLAN ACT) FUNDING IN ESTABLISHING A PURCHASE
ORDER WITH UNITED PACIFIC SERVICES, INC. TO PROVIDE TREE
TRIMMING AND MAINTENANCE SERVICES IN AN AMOUNT NOT TO
EXCEED SIX HUNDRED THOUSAND DOLLARS ($600,000)
WHEREAS, the Urban Forestry Program oversees more than 12,000 trees throughout the City; and
WHEREAS, the Urban Forestry Program is responsible for administering proper tree care including; planting new trees; removing dead and hazardous trees; conducting reforestation projects in the parks, municipal grounds, open spaces, medians and streets; and
WHEREAS, the City’s Urban Forestry helps to define the character of the City, supports public health, provides habitat for wildlife, creates spaces for enjoyment, cleans our air and water and reduces the quantity of stormwater runoff; and WHEREAS, the management of the public trees is the responsibility of the City’s Public Works Street Maintenance Department (Department); and WHEREAS, the Department has received an appropriation of ARPA American Rescue Plan Act) funding to enhance tree maintenance services in the City; and WHEREAS, by utilizing the ARPA funding, the Department can expand its efforts to care for and maintain street trees, which will have a range of positive impacts; and WHEREAS, United Pacific Services, Inc. is currently the City’s contractor for tree maintenance services; and
WHEREAS, United Pacific Services, Inc. is a professional tree maintenance company with urban forest management solutions that is green eco-friendly, and focuses on establishing and maintaining relationships with the community at large; and WHEREAS, United Pacific Services, Inc. has worked with over 20 municipalities in Southern California and employs certified Arborists and Pest Control advisers; and WHEREAS, funding in an amount not to exceed Six Hundred Thousand Dollars ($600,000) is the Fiscal Year 2023-2024 Budget in Account 2810-720-000-4266 (American Rescue Plan Act).
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COMPTON DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1.That the City Manager is authorized to establish a purchase order with United Pacific Services, Inc. for citywide tree trimming services in an amount not to exceed Six Hundred Thousand Dollars ($600,000) from Account No. 2810-720-000-4266 (American Rescue Plan Act).
SECTION 2. That funds in the amount of Six Hundred Thousand Dollars ($600,000) are available for this expenditure in Account No. 2810-720-000-4266 (American Rescue Plan Act).
SECTION 3.That copies of this resolution shall be filed in the offices of the City Manager, City Controller, City Clerk, City Attorney and the Public Works Street Maintenance Department.
SECTION 4.That the Mayor shall sign and the City Clerk shall attest to the adoption of this resolution.
Resolution No. __________