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
07/23/2024
CLOSED SESSION – 4:30 PM
PUBLIC MEETING – 5:30 PM
CITY COUNCIL CHAMBERS
205 SOUTH WILLOWBROOK AVENUE
COMPTON, CA 90220
CLOSED SESSION
PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Title: City Manager
Pursuant to California Government Code Section 54957
PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Title: Controller
Pursuant to California Government Code Section 54957
HEARING(S)
5:35 P.M. 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
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7/23/2024 5:30 PM
OPENING
MOMENT OF SILENCE
PLEDGE OF ALLEGIANCE
ROLL CALL
COMMENDATORY RESOLUTIONS/PRESENTATIONS
1. SPECIAL CERTIFICATE PRESENTATION RECOGNIZING - CERTIFICATE OF HONOR PRESENTED TO VIOLET R. PALMER (Compton Native and Inducted into the Women's Basketball Hall of Fame) Mayor Emma Sharif
2. PRESENTATION: THE COMPTON COUNTRY CLUB INITIATIVE, REVITALIZE THE COMPTON GOLF COURSE - CHRIS STAPLETON (Councilmember Jonathan Bowers)
3. PRESENTATION: CONNECTING COMPTON - COMPTON MULTI-CULTURAL EQUESTRIAN CENTER PROJECT (Councilmember Jonathan Bowers)
4. PRESENTATION: REGINA HERNANDEZ'S FAMILY(Councilmember Deidre Duhart)
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
5. December 19, 2024
CITY CLERK
6. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON
AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH AND
ESTABLISH A PURCHASE ORDER FOR MELVINNA SHARP FOR
TRANSCRIPTION AND PREPARATION OF MEETING MINUTES OF THE CITY'S
LEGISLATIVE BODIES AND SPECIALIZED ELECTRONIC SERVICES FOR FISCAL YEAR 2024-2025 ($43,200) AND ESTABLISH A PURCHASE ORDER FOR A PAST DUE BALANCE FOR SERVICES IN FISCAL YEAR 2023-2024 FOR THE AMOUNT OF NINE THOUSAND NINE-HUNDRED DOLLARS ($9,900) -3- City Council Agenda
7/23/2024 5:30 PM
7. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON
AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT AND
ESTABLISH A PURCHASE ORDER FOR ALL STAR INTERPRETING SERVICE
FOR PROVISION OF SPANISH LANGUAGE INTERPRETATION AND
TRANSLATION SERVICES FOR CITY'S LEGISLATIVE BODIES FOR FISCAL YEAR 2024-2025 IN THE AMOUNT OF THIRTY-NINE THOUSAND SIX HUNDRED DOLLARS ($39,600)
CITY CONTROLLER
8. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON
AUTHORIZING THE CITY MANAGER TO ENTER INTO A FIVE-YEAR
AGREEMENT ($165,000) WITH BLX GROUP LLC (BLX), AMEND THE FY2024- 2025 CITY BUDGET, AND ISSUE A PURCHASE ORDER TO BLX FOR CONTINUING DISCLOSURE, ARBITRAGE REBATE COMPLIANCE, AND S.B. 1029 ANNUAL DEBT TRANSPARENCY REPORTING SERVICES FOR CITY BONDS FOR THE FIRST YEAR OF SERVICE ($59,500)
CITY MANAGER
9. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON RESCINDING RESOLUTION 25,981 AND APPROVING AND ADOPTING THE ANNUAL APPROPRIATION (GANN) LIMIT FOR FISCAL YEARS 2020-2021, 2021-2022, 2022-2023, 2023-2024 AND 2024-2025
WATER DEPARTMENT
10. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AMENDING THE WATER DEPARTMENT’S 2024-2025 FISCAL YEAR BUDGET
TO ACCEPT AND APPROPRIATE TWO HUNDRED FIFTY THOUSAND SEVEN HUNDRED FIFTY-SIX DOLLARS ($250,756.00) FOR CALRECYCLE GRANT – ROUND 4
REGULAR AGENDA
CITY MANAGER'S REPORT
11. POWERPOINT PRESENTATION - CITY MANAGER'S UPDATE
12. A REQUEST TO SCHEDULE A PUBLIC HEARING – FOR CONSIDERATION OF
COMMENTING AND RECALLOCATING COMMUNITY DEVELOPMENT BLOCK
GRANTS (CDBG) FUNDS FROM CERTAIN PROJECTS APPROVED IN YEARS 2017 THROUGH 2023 TO FUND OTHER CDBG ELIGIBLE ACTIVITIES FOR TUESDAY, SEPTEMBER 3, 2024 @ 5:35PM
13. REQUEST TO AUTHORIZE TRAVEL FOR ELECTED OFFICIALS - GATEWAY CITIES 2024 CONFERENCE AND RETREAT ON CATALINA ISLAND
SEPTEMBER 4, 2025, AND SEPTEMBER 5, 2024
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14. REQUEST TO AUTHORIZE TRAVEL FOR ELECTED OFFICIALS - 53RD ANNUAL LEGISLATIVE CONFERENCE SEPTEMBER 11, 2024, THROUGH SEPTEMBER 15, 2024
UNFINISHED BUSINESS
15. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON,
ORDERING CHARGES FOR SOLID WASTE DELINQUENCIES TO BE
COLLECTED ON THE LOS ANGELES COUNTY TAX ROLL FOR FISCAL YEAR 2024-2025 FOR OUTSTANDING BALANCES FOR TAX ROLL BILLING FOR FISCAL YEAR 2023-2024
16. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COMPTON AMENDING SECTION 2-1.9 (a) OF THE COMPTON MUNICIPAL CODE
GOVERNING THE AGENDA PREPARATION PROCEDURE FOR THE CITY OF
COMPTON (SECOND READING)
17. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON TO
AUTHORIZE AN AMENDMENT TO THE CITY CONTROLLER'S DEPARTMENT FY2024-2025 BUDGET, AND TO AUTHORIZE THE CITY MANAGER TO OPEN A
NEW PURCHASE ORDER TO TANDYM GROUP LLC, AND ROBERT HALF INTERNATIONAL INC. FOR CONTINUAL ACCOUNTING TEMP AGENCY SERVICES ($75,000 FOR ALL AGREEMENTS COMBINED).
NEW BUSINESS
18. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON RESCINDING RESOLUTION NO. 25,810 AND ORDERING THAT A MEASURE
TO AMEND THE CITY OF COMPTON CHARTER IN CONNECTION MAKING THE
CITY ATTORNEY POSITION AN APPOINTED POSITION AND REQUIRING
MUNICIPAL LAW EXPERIENCE EXCEEDING TEN YEARS BE SUBMITTED TO
THE VOTERS OF THE CITY AT THE NEXT STATEWIDE GENERAL ELECTION
AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL
ANALYSIS OF THE MEASURE
19. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COMPTON LEVYING A MUNICIPAL TAX RATE FOR THE FISCAL YEAR 2024-2025
20. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON
AUTHORIZING THE CITY MANAGER TO AMEND THE MUNICIPAL WATER DEPARTMENT’S ARPA 2024-2025 FISCAL YEAR BUDGET, AND TO
ESTABLISH A PURCHASE ORDER FOR 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).
-5- City Council Agenda
7/23/2024 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
PROFESSIONAL SERVICES AGREEMENT WITH CENTRALSQUARE
TECHNOLOGIES, LLC ($613,858.86) FOR ENTERPRISE RESOURCE
PLANNING SOFTWARE SERVICES, AND TO ISSUE A PURCHASE ORDER IN
THE AMOUNT OF THREE HUNDRED NINETY-EIGHT THOUSAND NINE
HUNDRED FIFTY-ONE DOLLARS AND TWENTY-THREE CENTS ($398,951.23)
TO CENTRALSQUARE TECHNOLOGIES, LLC FOR ENTERPRISE RESOURCE PLANNING SOFTWARE SERVICES.
22. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON RESCINDING RESOLUTION NUMBER 26,083 RE-ADOPTING AND RATIFYING THE SUBMISSION OF THE CITY’S FISCAL YEAR 2024-2025 CONSOLIDATED ANNUAL ACTION PLAN TO THE U.S. DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT (HUD) AND USE OF FUNDS FOR THE COMMUNITY
DEVELOPMENT BLOCK GRANT (CDBG), THE HOME INVESTMENT
PARTNERSHIP GRANT (HOME) PROGRAMS
23. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AUTHORIZING THE CITY MANAGER TO ENTER INTO A THREE (3) YEAR
AGREEMENT FOR THE RENEWAL OF COMPUTER SOFTWARE
MAINTENANCE AND SUPPORT, AND AGENDA MEDIA SERVICES, AND ESTABLISH A PURCHASE ORDER WITH HYLAND SOFTWARE, INC. FOR
AGENDA DOCUMENT MANAGEMENT AND PUBLIC MEETING MANAGEMENT
FOR DOLLAR AMOUNT OF ONE HUNDRED TWENTY-EIGHT THOUSAND SIX
HUNDRED THIRTY-FOUR DOLLARS AND TWENTY-SEVEN CENTS
($128,634.27)
24. 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 EVERGREEN
PROFESSIONAL RECOVERIES IN AN AMOUNT NOT TO EXCEED ONE
HUNDRED TWELVE THOUSAND FIVE HUNDRED DOLLARS ($112,500) FOR
COLLECTION VENDOR SERVICES, TO AMEND THE CITY CONTROLLER DEPARTMENT’S FY 2024-2025 BUDGET, AND TO ISSUE A PURCHASE
ORDER IN THE AMOUNT TWENTY-TWO THOUSAND FIVE HUNDRED
DOLLARS ($22,500) TO EVERGREEN PROFESSIONAL RECOVERIES.
25. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON RESCINDING RESOLUTION NO. 25,001 AND RATIFYING THE MAXIMUM APPROVAL LEVEL AUTHORIZED FOR THE CITY MANAGER’S SINGLE TRANSACTION LIMIT INCREASING THE LIMIT FROM $25,000 TO $75,000, AND HIS EMERGENCY SPENDING LIMIT TO $200,000 AND AUTHORIZING FULL
SPENDING AUTHORITY IN THE EVENT OF AN EMERGENCY OR DISASTER
DURING THE MONTH OF AUGUST
COUNCIL COMMENTS
-6- City Council Agenda
7/23/2024 5:30 PM
ADJOURNMENT
NEXT REGULAR MEETING: 9/3/2024 5:30
Visit our website at http://www.comptoncity.org
DECEMBER 19, 2023
The Compton City Council meeting was called to order at 5:35 p.m. by Mayor Emma Sharif in the Council Chambers of City Hall. The Moment of Silence Ceremony and the Pledge of Allegiance was also led by Mayor Emma Sharif.
ROLL CALL
Council Members Present: D. Duhart, J. Bowers, L. Darden, Mayor E. Sharif Council Members Absent: A. Spicer
Other Officials Present: E. Perrodin, V. McDaniel, B. Mims, J. Groomes
COMMENDATORY RESOLUTIONS/PRESENTATIONS
1. ORAL PRESENTATION – CLEAN AND BEAUTIFY PROGRAM
(COUNCILPERSON DARDEN)
Councilperson Darden offered a PowerPoint presentation to the citizens of Compton highlighting the Clean & Beautify Compton Program goals and objectives. Ms. Darden recognized the Compton Initiative organization for their continued support and dedication to cleaning, restoring and elevating the City of Compton.
*Councilperson Spicer in at 5:43 p.m.
PUBLIC COMMENTS ON AGENDA ITEMS AND NON-AGENDA MATTERS
Mark Smith recognized Councilperson Darden for offering an enlightening presentation. He also asked the City Manager to consider appropriating funding for emergency rescue equipment inside of all city buildings and public facilities.
Councilperson Bowers notified Mr. Smith that the City is currently in the process of replacing all automated external defibrillators (AED) with new equipment.
Rodney Lister petitioned the City Council to share applicant information with the community for candidates applying for high-profile positions. He referenced Item Number Two and asked the City Manager to explain why the company that prepared the presentation is not here to answer questions from citizens.
Vanessa Cain expressed a concern for the recruitment process used to select the city manager.
She claimed that Willie Hopkins Jr. was selected because the City only works with one company to find city managers. She maintained that she was hoping the residents would be allowed to participate in the selection process to ensure the most qualified candidate is selected.
Tanya Lewis petitioned Councilperson Spicer to address the homeless population living across the street from Council Chambers.
Travis Martin presented the City Council with photos of the alleyway located adjacent to 136 th and Stockwell Street. She stated that in order to park there, she was instructed by the City to prepare a petition to make the street private, install a chain linked fence, and give the fire department a key so that they can execute rescue activities. She asked the City Manager to explain why she would be held accountable for the maintenance of the alleyway when the City is not maintaining the area now.
Miller Martin stated that his home is the only property on the street that does not have a usable driveway. He made comments about the Eazy Street Street-Naming Ceremony held a few weeks ago and cited a need for the community to band together to make Compton a better place to live.
5. Lynn Boone thanked the citizens of Compton for their cards, flowers, monetary gifts and prayers.
She complimented Councilperson Darden on the PowerPoint presentation she offered and mentioned the need for handicapped ramps inside Council Chambers. She suggested the City Clerk recluse herself from this election process, and let the County take over. She questioned the City Attorney’s residency and asked that it be challenged.
Fred Martin, Founder of Compton Kids Club, requested a meeting with the City Attorney to discuss and resolve a private matter.
City Clerk McDaniel made the following announcements: The nomination period began on Monday, November 13 and ended on Friday, December 8. Appointments were encouraged so that each candidates’ questions and concerns could be addressed - reducing the amount of wait time for candidates returning qualification documents. The scheduling of appointments was used in previous City of Compton elections. The submitted petitions were verified by the Los Angeles County Registrar Recorder County Clerk’s Office and out of those petitions submitted, twelve candidates qualified and three did not qualify. Regarding the availability of current up-to-date meeting minutes - an advertised Request For Proposal (RFP) for minute transcription is forthcoming.
REGULAR AGENDA
CITY MANAGER’S REPORT
2. POWER POINT PRESENTATION – AMENDMENTS TO THE 2023-2024 FISCAL
YEAR BUDGET (JERRY GROOMES)
City Manager Groomes informed the residents that the previous budget officer resigned suddenly in August, so the City chose to work with Chu Thai to assist them with the preparation of the 2023- 2024 budget. Advertising for the budget officer position will take place soon. Budget amendments include: $41M for street improvements and $3.5M to begin yard improvements. Funding increased for - pothole repair, illegal dumping, graffiti removal, tree trimming, and stump removal. $4M for park improvements, $3M for Alondra Gateway Project, $300,000+ for playground equipment at Wilson Park, five new fire trucks in January, and $1.5M for City Hall and Council Chambers improvements.
Chu Thai, Budget Consultant, offered a PowerPoint presentation to the City Council and citizens of Compton featuring amendments to the 2023-2024 fiscal year budget. The budget amendments were comprised of the following components: Fund Balance Summaries, Revenue Summaries, Expenditure Summaries, Personnel Summaries, Allocated Cost Schedule, Debt Service Schedule, ARPA Funding Summary, 5-Year Capital Improvement Plan (CIP), Prior–Year Unaudited Actuals, Department Organization Charts, and Department Goals. Budget Information | Compton, CA (comptoncity.org)
The City Council commended Mr. Thai for his hard work and efforts to assist the City with balancing the 2023-2024 fiscal year budget.
Councilperson Duhart asked Mr. Thai to confirm the projected fund balance of $18M.
Mr. Thai confirmed the $18M to be made up of multiple fund balances.
NEW BUSINESS
3. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON APPROVING AMENDMENTS TO THE 2023-2024 FISCAL YEAR BUDGET On motion by Spicer, seconded by Duhart, Resolution Number 25,956 entitled “A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON APPROVING AMENDMENTS TO THE 2023-2024 FISCAL YEAR BUDGET” 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
4. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON ACCEPTING THE ESTIMATE OF INNOVATIVE PLAYGROUNDS CO., INC.
AND AUTHORIZING THE CITY MANAGER TO ENTER INTO A
CONSTRUCTION CONTRACT WITH AND ESTABLISH A PURCHASE ORDER
FOR THE WILSON PARK PLAYGROUND IMPROVEMENT PROJECT
($334,495.26)
On motion by Spicer, seconded by Duhart, Resolution Number 25,957 entitled “A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON ACCEPTING THE ESTIMATE OF INNOVATIVE PLAYGROUNDS CO., INC. AND AUTHORIZING
THE CITY MANAGER TO ENTER INTO A CONSTRUCTION CONTRACT WITH AND
ESTABLISH A PURCHASE ORDER FOR THE WILSON PARK PLAYGROUND IMPROVEMENT PROJECT ($334,495.26)” 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
5. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON
AUTHORIZING PAYMENT OF ANNUAL FEES TO THE STATE OF
CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS FOR
CONTINUED ADMINISTRATION OF THE CITY’S WORKERS’
COMPENSATION SELF-INSURANCE PROGRAM ($65,413.81)
On motion by Darden, seconded by Spicer, Resolution Number 25,958 entitled “A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON
AUTHORIZING PAYMENT OF ANNUAL FEES TO THE STATE OF CALIFORNIA
DEPARTMENT OF INDUSTRIAL RELATIONS FOR CONTINUED
ADMINISTRATION OF THE CITY’S WORKERS’ COMPENSATION SELF- INSURANCE PROGRAM ($65,413.81)” 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
6. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON
AUTHORIZING THE CITY MANAGER TO ENTER INTO AN INTERAGENCY
MEMORANDUM OF UNDERSTANDING AGREEMENT BETWEEN THE LOS
ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY AND
THE CITY OF COMPTON TO SET FORTH THE OBLIGATIONS AND RIGHTS
OF MEMBERSHIP IN THE CONFIGURATION MANAGEMENT COMMITTEE
THAT OVERSEES THE REGIONAL INTEGRATION OF INTELLIGENT
TRANSPORTATION SYSTEMS (RIITS)
On motion by Spicer, seconded by Duhart, Resolution Number 25,959 entitled “A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON
AUTHORIZING THE CITY MANAGER TO ENTER INTO AN INTERAGENCY
MEMORANDUM OF UNDERSTANDING AGREEMENT BETWEEN THE LOS
ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY AND THE
CITY OF COMPTON TO SET FORTH THE OBLIGATIONS AND RIGHTS OF
MEMBERSHIP IN THE CONFIGURATION MANAGEMENT COMMITTEE THAT
OVERSEES THE REGIONAL INTEGRATION OF INTELLIGENT
TRANSPORTATION SYSTEMS (RIITS)” 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
7. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AUTHORIZING A PURCHASE ORDER FOR JOHNSON CONTROLS, INC. FOR
THE REPLACEMENT OF THE CHILLER PLANT CONTROL SYSTEM
LOCATED AT COMPTON CITY HALL ($23,998.93)
City Manager Groomes cited the following corrections to the second paragraph and third whereas on the fourth line to read “fiscal year 2022-2023” and “2022-2023” respectively.
Councilperson Darden asked the City Manager if he would consider purchasing a new HVAC system with warranties.
Nebraska Jones, Public Works Supervisor, stated that the HVAC system is at least 16 years old and would cost the City millions of dollars to replace.
Mayor Sharif stated that at some point, the City should begin the evaluation process to replace the HVAC system. Mr. Jones remarked that they would be sending out an RFP next year.
On motion by Duhart, seconded by Darden, Resolution Number 25,960 entitled “A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON
AUTHORIZING A PURCHASE ORDER FOR JOHNSON CONTROLS, INC. FOR THE
REPLACEMENT OF THE CHILLER PLANT CONTROL SYSTEM LOCATED AT COMPTON CITY HALL ($23,998.93) 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
8. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON APPROVING A THREE (3) YEAR EMPLOYMENT AGREEMENT WITH TWO (2) ONE (1) YEAR OPTIONS TO EXTEND WITH WILLIE A. HOPKINS, JR. TO SERVE AS CITY MANAGER OF THE CITY OF COMPTON ($250,000.00) City Manager Groomes stated that Ralph Anderson received 26 applications, five candidates were interviewed, three were invited back for a second interview, and from those three the City Council voted unanimously for Willie A. Hopkins, Jr.
On motion by Spicer, seconded by Duhart, Resolution Number 25,961 entitled “A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON APPROVING A THREE (3) YEAR EMPLOYMENT AGREEMENT WITH TWO (2) ONE (1) YEAR OPTIONS TO EXTEND WITH WILLIE A. HOPKINS, JR. TO SERVE AS CITY MANAGER OF THE CITY OF COMPTON ($250,000.00)” 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
9.SUBSEQUENT NEED ITEM – AN URGENT REQUEST FOR AN
EMERGENCY WARRANT FOR WELL NO. 17 REPAIRS
On motion by Spicer, seconded by Duhart, to consider the subsequent need item by the following vote on roll call:
AYES: Council Members – Duhart, Spicer, Bowers, Darden, Sharif NOES: Council Members – None
ABSENT: Council Members – None
Councilperson Bowers asked the City Manager if this expense will be paid for from the well restoration fund.
City Manager Groomes replied affirmatively.
City Attorney Perrodin read Compton Municipal Code Section 4-11.7 Sub-Section A ‘Exceptions to Competitive Bidding Requirements’ and Compton City Charter Section 1409 ‘Contracts on Public Works’ and reported that this item qualifies as a subsequent need item.
On motion by Spicer, seconded by Darden, “AN URGENT REQUEST FOR AN EMERGENCY WARRANT FOR WELL NO. 17 REPAIRS” was approved as a subsequent need item by the following vote on roll call:
AYES: Council Members – Duhart, Spicer, Bowers, Darden, Sharif NOES: Council Members – None
ABSENT: Council Members – None
CITY MANAGER PARTING COMMENTS
City Manager Groomes announced that this would be his last City Council meeting. Mr.
Groomes recognized the City Council and City staff for their support of his leadership and determination to advance the City of Compton.
COUNCIL COMMENTS
Councilmember Darden offered the following communications/announcements:
Commented on the success of the Tar Heels Sports Awards Ceremony held at Dollarhide and 3rd Annual Christmas Toy Giveaway held on Eazy Street. Encouraged the residents to call Republic Services at (800) 299-4898 to schedule a bulky item pick-up 48 hours in advance.
Commended City staff for repairing the potholes on 157 th Street, 158 th Street, 159 th Street and Long Beach Boulevard.
Councilmember Bowers offered the following communications/announcements:
Recognized the life and legacy of Paul Webb.
Councilmember Spicer offered the following communications/announcements:
Invited the residents to attend the “Toy Giveaway” scheduled to be held on Saturday, December 23 at Wilson Park starting at 7:00am.
Commented on the success of the Community Clean-Up held last Saturday. Encouraged the community to attend “Hub-City Dre’s Concert & Toy Giveaway” scheduled to be held on Saturday, December 23 at Lueders Park starting at 12:00pm.
Councilmember Duhart offered the following communications/announcements:
Commented on the success of the 3 rd Annual Christmas Toy Giveaway held at the Gateway Town Center and Meet & Greet for the I<3Compton Group held at the Latino Chamber Of Commerce.
Congratulated Maria Villa Real for earning her U.S. citizenship. Announced the “Citizenship Classes” hosted by the Latino Chamber of Commerce starting January 20. For more information please call (310) 438-1360. Assured the Martin family that she would be working with the City to resolve their parking issue.
Mayor Sharif offered the following communications/announcements:
Commented on the success of the Christmas Party held at Dollarhide and Sleigh Ride with Santa.
Invited the residents to attend the “Senior Holiday Luncheon & Information Session” scheduled to be held on Thursday, December 21 beginning at 12:30pm. Requested the meeting be adjourned in memory of Amy Wilson.
ADJOURNMENT
On motion by Bowers, seconded by Darden, the meeting was adjourned in memory of Amy Wilson at 7:28 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 July 16, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: CITY CLERK
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COMPTON AUTHORIZING THE CITY MANAGER TO ENTER
INTO A CONTRACT WITH AND ESTABLISH A PURCHASE
ORDER FOR MELVINNA SHARP FOR TRANSCRIPTION AND
PREPARATION OF MEETING MINUTES OF THE CITY’S
LEGISLATIVE BODIES AND SPECIALIZED ELECTRONIC
SERVICES FOR FISCAL YEAR 2024-2025 ($43,200) AND
ESTABLISH A PAYMENT FOR A PAST DUE BALANCE FOR
SERVICES IN FISCAL YEAR 2023-2024 FOR THE AMOUNT OF
NINE THOUSAND NINE-HUNDRED DOLLARS ($9,900)
SUMMARY
The City Clerk requests that the City Council adopt a resolution authorizing the City Manager to enter into an agreement with Melvinna Sharp for a period of twelve (12) month (i.e. July 1, 2024 through June 30, 2025) and establish a purchase order in the amount of Forty-Three Thousand Two Hundred Dollars ($43,200.00) for payment of services for transcription and preparation of meeting minutes of the City’s legislative bodies and specialized electronic services for the Fiscal Year 2024-2025. Payment of a past due invoice of Nine-Thousand-Nine-Hundred Dollars is also being requested.
BACKGROUND
The City Clerk is responsible for recording and maintaining a full and true record of all of the proceedings of the City’s legislative bodies; that is, the Compton Public Finance Authority, the Urban Community Development Commission, the Successor Agency to the Community Redevelopment Agency of the City of Compton, and the City Council (“legislative bodies”).
The City contracted with Melvinna Sharp a few years ago to transcribe and prepare the meeting minutes for the Compton Public Finance Authority, the Urban Community Development Commission, the Successor Agency to the Community Redevelopment Agency of the City of Compton, and the City Council (“legislative bodies”). Use of her services allows the minutes to be prepared and submitted to the various legislative bodies for review and filing in a timely manner.
6.6.6.6.6.6.6. Staff Report – Resolution Authorizing Contract Transcribe Legislative Bodies Meeting Minutes
Melvinna Sharp FY 2024-2025
July 16, 2024, page 2
Additionally, Ms. Sharp’s responsibilities have included providing a variety of technological services attendant to the agenda preparation process for the City’s legislative bodies, such as:
1. Export the consent Agenda from OnBase Live to the Media Manager.
2. Transcribe the spoken word from video files using sophisticated software (OnBase Live/Media Manager internet-based software).
3. Include accurate time stamps for agenda items (Public Comments on Agenda and Non-Agenda Items, Consent Agenda, etc.).
4. Perform application programming operations (enters specialized vocabulary into software) to assist in the rapid and accurate translation of spoken information into electronic and print materials; (roll call, motions, votes, resolution numbers, ordinance numbers, report out of closed session items, and adjournments).
5. Records amendments to resolutions and ordinances, incidental motions, requests to withdraw or modify motions, special privileges, and disciplinary procedures.
6. Evaluate and maintain software to determine suitability.
7. Identifies and takes corrective action to resolve routine operational problems.
8. Publishes training streams as necessary.
9. Provide user accessibility to archived meetings via the Internet.
10.Operates peripheral equipment such as printers, desktop computers, and copiers to provide hard copies of summary minutes.
STATEMENT OF THE ISSUE
The City Clerk’s Office is minimally staffed; thus, it is vital to employ the services of an experienced and reliable provider to assure that meeting minutes are prepared and submitted to the various legislative bodies for review and filing in a timely manner. Thus, informal quotes were sought through [email protected], which is a network of current and former California City Clerks. There were only three (3) responses to our request.
Melvinna Sharp – $900.00 per meeting date
Debra Duncan - $1200.00 per meeting date
Minute Solutions - $220.00 per hour
The three quotes received were evaluated on experience, professionalism, knowledge, etc. Melvinna Sharp’s quote was the lowest quote received.
Staff Report – Resolution Authorizing Contract
Transcribe Legislative Bodies Meeting Minutes
Melvinna Sharp FY 2024-2025
July , 2024, page 3
Additionally, the City has previously contracted with Ms. Melvinna Sharp and has found her service reliable and very satisfactory.
Ms. Sharp will be compensated at a flat rate of $900.00 per week for each week that meetings of the legislative bodies are conducted as well as any special meetings called.
FISCAL IMPACT
The funding is currently budgeted in the City Clerk’s Fiscal Year 2024-2025 budget in Account No. 1001-470-000-4262.
The funding for the services in Fiscal Year 2023-2024 existed in the Account No. 1001-470-000-4262 and was not used, therefore funds are available in this account within the Fiscal Year 2023-2024 ledger.
RECOMMENDATION
It is recommended that the City Council adopt the attached Resolution.
VERNELL MCDANIEL
CITY CLERK
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 CONTRACT
WITH AND ESTABLISH A PURCHASE ORDER FOR MELVINNA
SHARP FOR TRANSCRIPTION AND PREPARATION OF MEETING
MINUTES OF THE CITY’S LEGISLATIVE BODIES AND SPECIALIZED ELECTRONIC SERVICES FOR FISCAL YEAR 2024-2025 ($43,200)
AND ESTABLISH A PAYMENT FOR A PAST DUE BALANCE FOR
SERVICES IN FISCAL YEAR 2023-2024 FOR THE AMOUNT OF NINE THOUSAND NINE-HUNDRED DOLLARS ($9,900)
WHEREAS, the City Clerk is responsible for recording and maintaining a full and true record of all of the proceedings of the City’s legislative bodies; that is, the Compton Public Finance Authority, the Urban Community Development Commission, the Successor Agency to the Community Redevelopment Agency of the City of Compton, and the City Council (“legislative bodies”); and WHEREAS, the Clerk’s Office is minimally staffed; thus, it is vital to employ the services of an experienced and reliable provider to assure that meeting minutes are prepared and submitted to the various legislative bodies for review and filing in a timely manner; and
WHEREAS, informal quotes were sought through
[email protected], which is a network of current and former California City Clerks.
WHEREAS, there were only three (3) responses to our request from:
Melvinna Sharp – $900.00 per meeting date
Debra Duncan - $1200.00 per meeting date
Minute Solutions - $220.00 per hour
WHEREAS, the City contracted with Melvinna Sharp a few years ago; who is knowledgeable and experienced in the needed areas of service; to transcribe and prepare the meeting minutes for the legislative bodies of the City and use of her services allowed the minutes to be prepared and submitted to the various legislative bodies for review and filing in a timely manner; and WHEREAS, the existing contract has expired; thus, it is requested that the City Manager be authorized to enter into a contract for a period of 12 months (i.e.
July 1, 2024, through June 30, 2025); and
WHEREAS, Ms. Sharp will be compensated at a flat rate of $900.00 per week for each week that meetings of the legislative bodies are conducted as well as any special meetings called; and
WHEREAS, funds for this expenditure are available in the 2024-2025 Fiscal Year budget.
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 contract with Melvinna Sharp to provide transcription services and preparation of meetings minutes for the City’s legislative bodies for a period of 12-months (i.e. July 1, 2024 through June 30, 2025), payable at the flat rate of Nine Hundred Dollars ($900.00) for each week that meetings of the legislative bodies are held that Melvinna Sharp performs services for.
Resolution No. ____________
Section 2.That a purchase order in the amount of Forty-Three Thousand Two Hundred Dollars ($43,200.00) to pay for services rendered through June 30, 2025 is authorized to be established.
Section 3. That a payment is authorized to be issued in the amount of Nine Thousand Nine-Hundred Dollars ($9,900) for services rendered Fiscal Year 2023-2024 is authorized from Account No. 1001-470-000-4262.
Section 4.That funds for this expenditure are available in the City Clerk’s Fiscal Year 2024-2025 budget in Account No. 1001-470-000-4262.
Section 5. That a copy of this Resolution shall be filed in the offices of the City Clerk, City Manager, City Attorney and City Controller.
Section 6. That the Mayor shall sign and the City Clerk shall attest to the adoption of this Resolution.
ADOPTED this ________ day of ___________, 2024.
________________________________
MAYOR OF THE CITY OF COMPTON
ATTEST:
____________________________________
CITY CLERK OF THE CITY OF COMPTON
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) 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-
ABSENT: COUNCIL MEMBERS-
ABSTAIN: COUNCIL MEMBERS-
____________________________________
CITY CLERK OF THE CITY OF COMPTON
July 16, 2024
TO: HONORABLE MAYOR AND CITY COUNCIL
FROM: CITY CLERK
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COMPTON AUTHORIZING THE CITY MANAGER TO ENTER
INTO A CONTRACT WITH AND ESTABLISH A PURCHASE
ORDER FOR MELVINNA SHARP FOR TRANSCRIPTION AND
PREPARATION OF MEETING MINUTES OF THE CITY’S
LEGISLATIVE BODIES AND SPECIALIZED ELECTRONIC
SERVICES FOR FISCAL YEAR 2024-2025 ($43,200) AND
ESTABLISH A PURCHASE ORDER FOR A PAST DUE BALANCE
FOR SERVICES IN FISCAL YEAR 2023-2024 FOR THE AMOUNT
OF NINE THOUSAND NINE-HUNDRED DOLLARS ($9,900)
SUMMARY
The City Clerk requests that the City Council adopt a resolution authorizing the City Manager to enter into an agreement with Melvinna Sharp for a period of twelve (12) month (i.e. July 1, 2024 through June 30, 2025) and establish a purchase order in the amount of Forty-Three Thousand Two Hundred Dollars ($43,200.00) for payment of services for transcription and preparation of meeting minutes of the City’s legislative bodies and specialized electronic services for the Fiscal Year 2024-2025.
BACKGROUND
The City Clerk is responsible for recording and maintaining a full and true record of all of the proceedings of the City’s legislative bodies; that is, the Compton Public Finance Authority, the Urban Community Development Commission, the Successor Agency to the Community Redevelopment Agency of the City of Compton, and the City Council (“legislative bodies”).
The City contracted with Melvinna Sharp a few years ago to transcribe and prepare the meeting minutes for the Compton Public Finance Authority, the Urban Community Development Commission, the Successor Agency to the Community Redevelopment Agency of the City of Compton, and the City Council (“legislative bodies”). Use of her services allows the minutes to be prepared and submitted to the various legislative bodies for review and filing in a timely manner.
Additionally, Ms. Sharp’s responsibilities have included providing a variety of technological services attendant to the agenda preparation process for the City’s legislative bodies, such as:
Staff Report – Resolution Authorizing Contract
Transcribe Legislative Bodies Meeting Minutes
Melvinna Sharp FY 2024-2025
July 16, 2024, page 2
1. Export the consent Agenda from OnBase Live to the Media Manager.
2. Transcribe the spoken word from video files using sophisticated software (OnBase Live/Media Manager internet-based software).
3. Include accurate time stamps for agenda items (Public Comments on Agenda and Non-Agenda Items, Consent Agenda, etc.).
4. Perform application programming operations (enters specialized vocabulary into software) to assist in the rapid and accurate translation of spoken information into electronic and print materials; (roll call, motions, votes, resolution numbers, ordinance numbers, report out of closed session items, and adjournments).
5. Records amendments to resolutions and ordinances, incidental motions, requests to withdraw or modify motions, special privileges, and disciplinary procedures.
6. Evaluate and maintain software to determine suitability.
7. Identifies and takes corrective action to resolve routine operational problems.
8. Publishes training streams as necessary.
9. Provide user accessibility to archived meetings via the Internet.
10.Operates peripheral equipment such as printers, desktop computers, and copiers to provide hard copies of summary minutes.
STATEMENT OF THE ISSUE
The City Clerk’s Office is minimally staffed; thus, it is vital to employ the services of an experienced and reliable provider to assure that meeting minutes are prepared and submitted to the various legislative bodies for review and filing in a timely manner. Thus, informal quotes were sought through [email protected], which is a network of current and former California City Clerks. There were only three (3) responses to our request.
Melvinna Sharp – $900.00 per meeting date
Debra Duncan - $1200.00 per meeting date
Minute Solutions - $220.00 per hour
The three quotes received were evaluated on experience, professionalism, knowledge, etc. Melvinna Sharp’s quote was the lowest quote received.
Additionally, the City has previously contracted with Ms. Melvinna Sharp and has found her service reliable and very satisfactory.
Staff Report – Resolution Authorizing Contract
Transcribe Legislative Bodies Meeting Minutes
Melvinna Sharp FY 2024-2025
July , 2024, page 3
Ms. Sharp will be compensated at a flat rate of $900.00 per week for each week that meetings of the legislative bodies are conducted as well as any special meetings called.
FISCAL IMPACT
The funding is currently budgeted in the City Clerk’s Fiscal Year 2024-2025 budget in Account No. 1001-470-000-4262.
RECOMMENDATION
It is recommended that the City Council adopt the attached Resolution.
VERNELL MCDANIEL
CITY CLERK
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 CONTRACT
WITH AND ESTABLISH A PURCHASE ORDER FOR MELVINNA
SHARP FOR TRANSCRIPTION AND PREPARATION OF MEETING
MINUTES OF THE CITY’S LEGISLATIVE BODIES AND SPECIALIZED ELECTRONIC SERVICES FOR FISCAL YEAR 2024-2025 ($43,200)
AND ESTABLISH A PURCHASE ORDER FOR A PAST DUE BALANCE
FOR SERVICES IN FISCAL YEAR 2023-2024 FOR THE AMOUNT OF NINE THOUSAND NINE-HUNDRED DOLLARS ($9,900)
WHEREAS, the City Clerk is responsible for recording and maintaining a full and true record of all of the proceedings of the City’s legislative bodies; that is, the Compton Public Finance Authority, the Urban Community Development Commission, the Successor Agency to the Community Redevelopment Agency of the City of Compton, and the City Council (“legislative bodies”); and WHEREAS, the Clerk’s Office is minimally staffed; thus, it is vital to employ the services of an experienced and reliable provider to assure that meeting minutes are prepared and submitted to the various legislative bodies for review and filing in a timely manner; and
WHEREAS, informal quotes were sought through
[email protected], which is a network of current and former California City Clerks.
WHEREAS, there were only three (3) responses to our request from:
Melvinna Sharp – $900.00 per meeting date
Debra Duncan - $1200.00 per meeting date
Minute Solutions - $220.00 per hour
WHEREAS, the City contracted with Melvinna Sharp a few years ago; who is knowledgeable and experienced in the needed areas of service; to transcribe and prepare the meeting minutes for the legislative bodies of the City and use of her services allowed the minutes to be prepared and submitted to the various legislative bodies for review and filing in a timely manner; and WHEREAS, the existing contract has expired; thus, it is requested that the City Manager be authorized to enter into a contract for a period of 12 months (i.e.
July 1, 2024, through June 30, 2025); and
WHEREAS, Ms. Sharp will be compensated at a flat rate of $900.00 per week for each week that meetings of the legislative bodies are conducted as well as any special meetings called; and
WHEREAS, funds for this expenditure are available in the 2024-2025 Fiscal Year budget.
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 contract with Melvinna Sharp to provide transcription services and preparation of meetings minutes for the City’s legislative bodies for a period of 12-months (i.e. July 1, 2024 through June 30, 2025), payable at the flat rate of Nine Hundred Dollars ($900.00) for each week that meetings of the legislative bodies are held that Melvinna Sharp performs services for.
Resolution No. ____________
Section 2.That a purchase order in the amount of Forty-Three Thousand Two Hundred Dollars ($43,200.00) to pay for services rendered through June 30, 2025 is authorized to be established.
Section 3. That a purchase order in the amount of Nine Thousand Nine- Hundred Dollars ($9,900) to pay for services rendered Fiscal Year 2023-2024 is authorized.
Section 4.That funds for this expenditure are available in the City Clerk’s Fiscal Year 2024-2025 budget in Account No. 1001-470-000-4262.
Section 5. That a copy of this Resolution shall be filed in the offices of the City Clerk, City Manager, City Attorney and City Controller.
Section 6. That the Mayor shall sign and the City Clerk shall attest to the adoption of this Resolution.
ADOPTED this ________ day of ___________, 2024.
________________________________
MAYOR OF THE CITY OF COMPTON
ATTEST:
____________________________________
CITY CLERK OF THE CITY OF COMPTON
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) 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-
ABSENT: COUNCIL MEMBERS-
ABSTAIN: COUNCIL MEMBERS-
____________________________________
CITY CLERK OF THE CITY OF COMPTON
APRIL 4, 2024
Vernell McDaniel
City Clerk of Compton
Minute Transcription Quote
205 S. Willowbrook Avenue
Compton, CA 90220
Dear City Clerk McDaniel,
I am very pleased to offer a quote for Professional Services for the transcription and preparation of meeting minutes for the City of Compton’s Legislative Bodies and Electronic Streamline Services.
MINUTE TRANSCRIPTION QUOTE -- $1,200.00 per Legislative Body Meeting Date I am available to attend each meeting of the Compton City Council. All transcription will be completed and submitted the following week after the meeting. I am trained in OnBase Live/Media Manager internet-based software.
Thank you!
Sincerely,
DEBRA H. DUNCAN
[email protected]
213.880.7180
June 1, 2024
Vernell McDaniel
City Clerk of Compton
205 South Willowbrook Avenue
Compton, California 90220
Greetings City Clerk McDaniel,
Please accept my Professional Services Quote for the transcription and preparation of meeting minutes for the City of Compton’s Legislative Bodies.
QUOTE FOR MINUTES TRANSCRIPTION
$900.00 per Legislative Body Meeting Date
I have more than 15 years of experience. I am trained in OnBase Live/Media Manager internet-based software. All transcription will be completed and submitted by the following week. I own and maintain the equipment required to provide the service. I will respond to all communication within 24 hours.
Thank you for your consideration.
Best Regards,
Melvinna Sharp
[email protected]
(702) 338-1491
July 23, 2024
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: CITY CLERK
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON
AUTHORIZING THE CITY MANAGER TO ENTER INTO AN
AGREEMENT AND ESTABLISH A PURCHASE ORDER FOR ALL STAR
INTERPRETING SERVICE FOR PROVISION OF SPANISH LANGUAGE
INTERPRETATION AND TRANSLATION SERVICES FOR CITY’S
LEGISLATIVE BODIES FOR FISCAL YEAR 2024-2025 IN THE AMOUNT OF THIRTY-NINE THOUSAND SIX DOLLARS ($39,600)
SUMMARY
Adoption of this Resolution will authorize the City Manager to enter into a twelve (12) month agreement (i.e. July 1, 2024 through June 30, 2025) with All Star Interpreting Service (“All Star”) to provide Spanish language translation and interpretation services for the public meetings of the City’s legislative bodies for Fiscal Year 2024-2025 and establish a purchase order in the amount of Thirty-Nine Thousand, Six Hundred Dollars ($39,600).
BACKGROUND
The City Council conducts much of the City’s business during its weekly public and televised meetings in the English language. A substantial portion of the City’s population is Spanish speaking and the City believes that it is important for all residents of the City to understand and participate in the governance of the City, thus the need to provide interpretation and translation services for City Council meetings and other community meetings. The City conducts public meetings of its legislative bodies up to four (4) times monthly.
STATEMENT OF ISSUE
The Clerk’s Office does not have staff to perform the professional services needed to provide professional, certified language translation and interpretation services for the various City’s legislative bodies. Thus, informal proposals were sought and received from four (4) firms; to wit:
All Star Interpreting Service - $850.00 flat rate per meeting Bilingual Services International - $595.00 times 2 Interpreters (required) up to 3 hours, $195.00 per each additional hour per interpreter
7.7.7.7.7.7.7.7.7. Staff Report – Resolution Authorizing Contract for Spanish Language Translation Services for Legislative Bodies All Star Interpreting Service FY 2024-2025
July 23, 2024, Page 2
Medrano Interpreting - 1600.00 times 2 Interpreters (required) up to 6 hours for a total of $3200.00 per meeting.
Reliable Translation Inc. - $228.00 times 2 Interpreters (required) up to 2 hours, (additional cost {NOT SPECIFIED} per every 15 minutes, and mileage) Proposals received were evaluated on experience, professionalism, knowledge, etc.
While each of the firms seemingly were qualified to adequately perform the tasks needed, All Star Interpreting Service proposed fees were most competitive and reasonable.
Additionally, the City has previously contracted with All Star Interpreting Service and has found their services reliable and very satisfactory.
All Star has been providing translation and interpreting service for over twenty-nine (29) years. All Star is a member of the American Translators Association, State and Federally Certified Interpreters and provide services for virtually every language.
All Star will provide professional Spanish language interpretation and translation services for all of the public meetings of the City’s legislative bodies (i.e. City Council, Public Finance Authority, Urban Community Development Commission and Successor Agency), including regular, special and emergency meetings, which includes translation for the City’s cable telecast of the aforementioned meetings. The contract with All Star will be for one (1) year (July 1, 2024 through June 30, 2025). The costs of services will remain at the rate of Eight Hundred Fifty Dollars ($850.00) per date of services rendered for the entire term of the agreement.
FISCAL IMPACT
The costs for services for Fiscal Year 2024-2025 is estimated at Thirty Five Thousand Dollars ($39,600.00). Funds for this expenditure are available in:
Account No. Account Name Amount 1001-470-000-4262 General Fund, City Clerk $38,600 Dept, Contractual Services Account
1201-910-000-4266 Successor Agency Fund, $1,000 Contractual Services Account
$39,600
RECOMMENDATION
Staff recommends that Council approve the attached Resolution.
Staff Report – Resolution Authorizing Contract for
Spanish Language Translation Services for Legislative Bodies All Star Interpreting Service FY 2024-2025
July 23, 2024, Page 3
VERNELL MCDANIEL
CITY CLERK
APPROVED FOR FORWARDING:
WIILIE HOPKINS JR.
CITY MANAGER
RESOLUTION NO. ________________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON
AUTHORIZING THE CITY MANAGER TO ENTER INTO AN
AGREEMENT AND ESTABLISH A PURCHASE ORDER FOR ALL STAR
INTERPRETING SERVICE FOR PROVISION OF SPANISH LANGUAGE
INTERPRETATION AND TRANSLATION SERVICES FOR CITY’S
LEGISLATIVE BODIES FOR FISCAL YEAR 2024-2025 IN THE AMOUNT OF THIRTY-NINE THOUSAND SIX HUNDRED DOLLARS ($39,600)
WHEREAS, the City Council conducts much of the City’s business during its weekly public and televised meetings in the English language; and WHEREAS, a substantial portion of the City’s population is Spanish speaking and the City believes that it is important for all residents of the City to understand and participate in the governance of the City, thus the need to provide interpretation and translation services for City Council meetings and other community meetings; and WHEREAS, informal quotes were sought from vendors that provide Spanish translation services; and
WHEREAS, there were only four (4) quotes received:
All Star Interpreting Service - $850.00 flat rate per meeting Bilingual Services International - $595.00 per interpreter (2 required) Medrano Interpreting - $1600.00 per interpreter (2 required) Reliable Translations Inc. - $228.00 per interpreter (2 required) WHEREAS, the existing contract has expired; thus, it is requested that the City Manager is authorized to enter into a contract for a period of 12-months (i.e. July 1, 2024, through June 30, 2025); and
WHEREAS, All Star Interpreting Service (“All Star”) has been providing translation and interpreting service for over twenty-eight (28) years and is a member of the American Translators Association, State and Federally Certified Interpreters and provide services for virtually every language; and
WHEREAS, All Star will provide professional Spanish language interpretation and translation services for all of the public meetings of the City’s legislative bodies (i.e. City Council, Public Finance Authority, Urban Community Development Commission and Successor Agency), including regular, special and emergency meetings, which includes translation for the City’s cable telecast of the aforementioned meetings; and WHEREAS, the contract with All Star will be for a term of one (1) year (July 1, 2024 through June 30, 2025) at a cost not to exceed Thirty Nine Thousand Six Hundred Dollars ($39,600.00); and
WHEREAS, funds for this expenditure are available in the following account numbers of the 2024-2025 Fiscal Year Budget:
Account No. Account Name Amount 1001-470-000-4262 General Fund, City Clerk $38,600 Dept, Contractual Services Account
1201-910-000-4266 Successor Agency Fund, $1,000 Contractual Services Account
$39,600
Resolution No. ________________
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COMPTON DOES HEREBY RESOLVE:
Section 1.That the City Manager, upon the advice and approval of the City Attorney is authorized to enter into a twelve (12) month (i.e. July 1, 2024 through June 30, 2025) agreement with All Star Interpreting Service to provide “as-needed” professional Spanish language interpretation and translation services for all of the public meetings of the City’s legislative bodies (i.e. City Council, Public Finance Authority, Urban Community Development Commission and Successor Agency), including regular, special and emergency meetings and translation for the City’s cable telecast of the aforementioned meetings in an amount not-to-exceed $39,600.00.
Section 2.That a purchase order in the amount of Thirty Five Thousand Dollars ($35,000.00) is authorized to be established for All Star Interpreting Service from the following account numbers:
Account No. Account Name Amount 1001-470-000-4262 General Fund, City Clerk $38,600 Dept, Contractual Services Account
1201-910-000-4266 Successor Agency Fund, $1,000 Contractual Services Account _
$39,600
Section 3.That funds for this expenditure are available in the 2024-2025 Fiscal Year budget in the following account numbers:
Account No. Account Name Amount 1001-470-000-4262 General Fund, City Clerk $38,600
Dept, Contractual Services Account
1201-910-000-4266 Successor Agency Fund, $1,000 Contractual Services Account _
$39,600
Section 4.That a certified copy of this Resolution shall be filed in the offices of the City Manager, City Clerk, City Controller, and City Attorney.
Section 5.That the Mayor shall sign and the City Clerk shall attest to the adoption of this Resolution.
ADOPTED this __________ day of ________________, 2024.
________________________________
MAYOR OF THE CITY OF COMPTON
ATTEST:
____________________________________
CITY CLERK OF THE CITY OF COMPTON
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF COMPTON )
I, Vernell McDaniel, City Clerk of the City of Compton, hereby certify that the foregoing Resolution was adopted by the City Council of the City of Compton, signed by Resolution No. ________________
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
INTERPRETATION AND TRANSLATION SERVICES AGREEMENT
BETWEEN
THE CITY OF COMPTON
AND
ALL STAR INTERPRETING SERVICE
This AGREEMENT is made 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 ALL STAR INTERPRETING SERVICE (hereinafter referred to as “ALL STAR”), located at 7330 Stockdale Highway, Suite 18, Bakersfield, California 93309.
RECITALS:
WHEREAS, the City Council conducts much of the City’s business during its weekly public and televised meetings in the English language; and
WHEREAS, a substantial portion of the City’s population is Spanish speaking; and WHEREAS, the City believes that it is important for all residents of the City to understand and participate in the governance of the City, thus the need to provide interpretation and translation services for City Council meetings and other community meetings; and WHEREAS, All Star warrants that it is specifically trained, experienced, competent, and has the resources to provide such services which will be required by this Agreement; and WHEREAS, by Resolution No. ___________, adopted on the _____ day of _________, 2024, the City Council authorized the City Manager to enter into an agreement with All Star to provide interpretation and translation services to the City; and WHEREAS, All Star is willing to render such professional services, as hereinafter defined, on the following terms and conditions.
NOW, THEREFORE, All Star and City, for the consideration, terms and conditions herein described, mutually agree as follows:
AGREEMENT:
1.Services to be rendered by All Star.It is the mutual understanding of the parties that the All Star shall perform and be responsible for providing professional Spanish language interpretation and translation services for all of the public meetings of the City’s legislative bodies (i.e. City Council, Public Finance Authority, Urban Community Development Commission and Successor Agency), including regular, special and emergency meetings, which includes translation for the City’s cable telecast of the aforementioned meeting. All Star shall be available for performance of services at the aforementioned public meetings of the City’s legislative bodies commencing at 5:30 p.m. on any Tuesday that a meeting(s) is scheduled, unless directed otherwise by the City Clerk’s Office. For special and emergency meetings of the aforementioned legislative bodies, All Star shall be available upon twenty-four (24) hours advance notice of the date and time.
All Star acknowledges that in entering into this Agreement the City is relying on All Star's special skills and experience to do and perform the services in accordance with best standards of professional practice. While performing the services, All Star 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 Spanish Translation/Interpretation – All Star Interpreting Service (City Clerk) FY 2024-2025
Resolution No. ___________
2 members of the same profession currently practicing under similar circumstances and to the reasonable satisfaction of the City.
All Star services hereunder shall be performed in good, workmanlike and professional manner. All Star shall be responsible for correcting and completing all errors and omissions related to the services provided by the All Star 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 All Star to meet the standards of its profession as set forth in the preceding paragraph. The acceptance of the services by City does not release All Star from these obligations.
All Star will be responsible for employing or engaging all persons necessary to perform the services. All of All Star's staff will be qualified by training and experience to perform their assigned tasks. All Star will give its personal attention to the fulfillment of the provisions of this Agreement by all of its employees and subcontractor, if any, and will keep the services under its control. On demand of City, if any employee or subcontractor of All Star 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.
Acceptance by City of the work performed under this Agreement does not operate as a release of said All Star from such professional responsibility for the services performed.
2. Duration of Contract.The term of this Agreement shall be for the period of July 1, 2024 through June 30, 2025, unless this Agreement is terminated as provided herein.
3. Compensation.The method of payment for this Contract will be on a flat fee- for-services basis. Interpreter labor shall be assumed to be for a full day event at a cost of Eight Hundred Twenty Five Dollars ($825.00). The total price paid All Star will include compensation for all work, including travel, materials, supplies, vendor services, expenses and subcontracted work. No additional compensation will be paid to the All Star, 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 All Star and the City. Adjustment in the total compensation will not be effective until authorized and approved by written contract amendment.
Progress payments may be made in arrears based on the percentage of work and deliverables completed by the All Star. If All Star fails to submit the required deliverable items according to schedule, unless the failure is through no fault of the All Star or the schedule is altered/extended by the City, the City shall have the right to delay payment and/or terminate this Agreement in accordance with the provisions noted herein.
All Star 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 All Star is billing. Invoices shall detail the work performed on each task as applicable. Invoices shall be mailed or delivered to the City Clerk at the following address: City of Compton, 205 South Willowbrook Avenue, Compton, California 90220.
All Star is required to comply with all federal, state and local laws and ordinances applicable to the work.
Spanish Translation/Interpretation – All Star Interpreting Service (City Clerk) FY 2024-2025
Resolution No. ___________
3 All Star understand and agree that the maximum compensation authorized for the services to be performed pursuant to this Agreement is limited to a not-to-exceed sum of Thirty-Nine Thousand Six Hundred Dollars ($39,600.00).
In the event of termination, the All-Star shall be entitled to compensation for the undisputed reasonable value of services performed to the effective date of termination, including any non- cancellable obligations incurred prior to termination, provided, however, that the City may condition payment of such compensation upon the All Star’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 Star agrees that all of its electronic and hardcopy reports, documents, disc, diskettes and other materials and work product created or assembled by it in the course of performing the services (“Work Product”) hereunder are works for hire for the benefit of the City and as such is the sole property of the City. To the extent that such materials and work product do not constitute work for hire, in consideration of the payments and other covenants of the City, as set forth or called for herein, All Star hereby sells, transfers, conveys and assigns any and all of its rights therein to the City. In the event this Agreement is terminated, all Work Product produced by All Star or its agents, employees and subcontractor pursuant to this Agreement will be delivered to City pursuant to the termination clause of this Agreement.
The Work Product may be used by City and its agents, employees, representatives, and assigns, in whole or in part, or in modified form, for all purposes City may deem advisable, without further employment of or payment of any compensation to All Star; provided, however, that if this Agreement is terminated for any reason prior to expiration of this Agreement and if under such circumstances City uses, or engages the services of and directs another All Star to use, the Work Product, City agrees to hold All Star 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 All Star, or anyone for whose acts it is responsible, in preparation of the Work Product. All Star will not be responsible for deficiencies solely attributable to modifications of the Work Product performed by others.
5. Independent Contractor Status.All Star, its officers, employees, subcontractors, agents and volunteers (collectively hereinafter the “All Star”), will perform the services in All Star's own way and pursuant to this Agreement as an independent contractor and in pursuit of All Star's independent calling, and not as an employee of City. The persons used by All Star 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 All Star, except as expressly set forth in this Agreement. All Star expressly warrants that while engaged in carrying out and complying with any terms and conditions of this Agreement that All Star shall not at any time or in any manner, represent that All Star is in any manner officers, employees, agents or volunteers of the City. All Star shall obtain no rights to retirement, health care or any other benefit that accrue to City officials, officers, or employees. All Star expressly waives any claim to such rights.
The payment made to All Star pursuant to the Agreement will be the full and complete compensation to which All Star is entitled. City will not make any federal or state tax withholdings on behalf of All Star or its agents, employees or subcontractors. City will not pay any workers' compensation insurance, retirement contributions or unemployment contributions on behalf of All Star or its employees or subcontractors. All Star 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 All Spanish Translation/Interpretation – All Star Interpreting Service (City Clerk) FY 2024-2025
Resolution No. ___________
4 Star or any agent, employee, or contractor of All Star 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 All Star.
6. Successors, Assignment and Delegation.City and the All Star each binds themselves, their partners, successors, assigns and legal representatives to the other hereto and to partners, successors, assigns and legal representatives of such other party in respect to all covenants, agreements and obligations contained in this Agreement.
The expertise and experience of All Star are material considerations for this Agreement.
All Star shall not assign or transfer any interest in this Agreement or the performance of any of All Star’s obligations under this Agreement without the prior written consent of the City. Any attempted assignment or transfer of any of All Star’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 All Star 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. All Star 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 All Star 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 All Star’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.All Star's services are unique and personal. Except as may be agreed to by the City, All Star will not subcontract any portion of the services without prior written approval of City Manager or his/her designee. If All Star subcontracts any of the services, All Star will be fully responsible to City for the acts, errors and omissions of All Star's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as All Star is for the acts and omissions of persons directly employed by All Star. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of All Star and City. All Star will be responsible for payment of subcontractors. All Star will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to All Star'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.
Spanish Translation/Interpretation – All Star Interpreting Service (City Clerk) FY 2024-2025
Resolution No. ___________
5 10. Indemnification.All Star 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 All Star, its officers, employees, subcontractor, subcontractors or agents in the performance of the duties undertaken by All Star 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 All Star’s indemnification of the City, All Star 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 All Star or All Star’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 All Star 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. All Star 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 All Star'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 All Star pursuant to this Agreement are adequate to protect All Star. The coverage will contain no special limitations on the scope of its protection to the below-indicated insureds except for Workers Compensation. All Star will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. If All Star believes that any required insurance coverage is inadequate, All Star will obtain such additional insurance coverage, as All Star deems adequate, at All Star's sole expense.
11.1 Commercial General Liability Insurance. $1,000,000 combined single- limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits will apply separately to the work under this Agreement or the general aggregate will be twice the required per occurrence limit.
11.2 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 All Star has no employees and provides, to City's satisfaction, a declaration stating this.
Spanish Translation/Interpretation – All Star Interpreting Service (City Clerk) FY 2024-2025
Resolution No. ___________
6 Endorsements. For Commercial General Liability Insurance, All Star 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 All Star. 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, All Star 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.All Star, 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 All Star. Upon execution of this Agreement, the All Star shall show evidence of a business license permit in conformance with Section 9-1.2 of the Compton Municipal Code.
13. Maintenance of Records. All Star will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. All Star 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. All Star will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years, or longer if required by law, from the date of final payment under this Agreement.
14. Warranties.All Star represents and warrants (i) that All Star has no obligations, legal or otherwise, inconsistent with the terms of this Agreement or with All Star’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 All Star 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 All Star has not knowingly entered into or will enter into any agreement (whether oral or written) in conflict with this Agreement.
15. General Compliance with Laws. All Star will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by All Star, or in any way affect the performance of the services by All Star. All Star 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.
16. Termination.In the event of the All Star'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 All Star in writing. All Star 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 All Star 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 All Star, whether located at the project site, at All Star's place of business, or at the offices of a subcontractor.
Spanish Translation/Interpretation – All Star Interpreting Service (City Clerk) FY 2024-2025
Resolution No. ___________
7 The City’s obligation is payable only from funds appropriated for the purpose of this Agreement. All funds for payments after the end of the current fiscal year are subject to the City’s legislative appropriation for this purpose. In the event this Agreement extends into succeeding fiscal year periods and the City Council does not allocate sufficient funds for the next succeeding fiscal year payments, this Agreement shall terminate immediately upon written notice from the City.
Either Party, upon tendering ten (10) calendar days written notice to the other Party, may terminate this Agreement for convenience. In this event and upon request of City, All Star will assemble the work product without charge and put it in order for proper filing and closing and deliver it to City. All Star will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made.
17. Covenants Against Contingent Fees. All Star warrants that All Star has not employed or retained any company or person, other than a bona fide employee working for All Star, to solicit or secure this Agreement, and that All Star 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.
18. Jurisdiction, Venue and Governing Law. Any action at law or in equity brought by either of the Parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of Los Angeles, State of California, and the Parties waive all provisions of law providing for a change of venue in these proceedings to any other county. This agreement will be governed by the laws of the State of California.
19. Testimony.All Star will testify at City's request if litigation is brought against City in connection with All Star's services under this agreement. Unless the action is brought by All Star, or is based upon All Star's actual or alleged negligence or other wrongdoing, City, upon prior written agreement with All Star will compensate All Star for time spent in preparation for testimony, testimony, and travel at All Star's standard hourly rates at the time of actual testimony.
20. 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.
21. Authority.The individuals executing this Agreement and the instruments referenced in it on behalf of All Star each represent and warrant that they have the legal power, right and actual authority to bind All Star to the terms and conditions of this Agreement.
Spanish Translation/Interpretation – All Star Interpreting Service (City Clerk) FY 2024-2025
Resolution No. ___________
8 22. 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.
23. Amendments.This Agreement may be modified or amended only be written document executed by both All Star 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.
24. Confidentiality. All documents, reports, information, data, and exhibits prepared or assembled by All Star in connection with the performance of the Services pursuant to the Agreement are confidential until released by the City to the public, and the All Star will not make any of these documents or information available to any individual or organization not employed by the All Star or the City without the written consent of the City before any such release.
25. Entire Agreement. This Agreement, together with any other written document referred to or contemplated by it embody the entire Agreement and understanding between the parties relating to the subject matter of it. The City Manager is authorized, in consultation with the City Attorney, to agree to non-material amendments to this Agreement. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties.
26. 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 Provider: All Star Interpreting Service
7330 Stockdale Hwy, Unit 18
Bakersfield, California 93309
Attn: Juan Carlos Morales, President & CEO
(213) 400-9225
(213) 400-0925 – Direct
(818) 547-0562 – fax
[email protected]
To City: City of Compton
205 South Willowbrook Avenue
Compton, California 90220
Attn: City Clerk
(310) 605-5530
(310) 639-4685 – fax
Copy to: City of Compton
205 South Willowbrook Avenue
Compton, California 90220
Attn: City Manager
Spanish Translation/Interpretation – All Star Interpreting Service (City Clerk) FY 2024-2025
Resolution No. ___________
9 In the event of any change of address, the moving party is obligated to notify the other party of the change of address in writing. Each party may amend, supplement and update the notice list to add, delete or replace any listed individuals; however, the amendment must be in writing.
27. 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, ALL STAR has executed this Agreement, and the CITY, by its City Manager, who is authorized to do so, has executed this Agreement.
ALL STAR INTERPRETING SERVICES
Dated: __________________ By ____________________________________ Juan Carlos Morales, President & CEO
CITY OF COMPTON
Approved by:
Dated: _______________ By ____________________________________ Willie Hopkins Jr., City Manager
Approved as to form:
By _______________________________ Dated: ______________ Eric Perrodin, City Attorney
ATTEST:
Dated: _______________ By ___________________________________ Vernell McDaniel, City Clerk
BiLingual Services International
All Language Assistance Network
ESTIMATE FOR INTERPRETING SERVICES
Prepared for:Calicia Godwin, Deputy City Clerk
City of Compton
205 S. Willowbrook Avenue
Compton, CA 90220
Phone: 310. 605. 5530 Email: [email protected] Services requested: Spanish language interpreting services for City Council meetings Location, date, and time: TBD
In Person Fees:
Half-day session (up to 3 hours) $ 595.00 (per interpreter) Each additional hour or fraction thereof $ 195.00 (per interpreter) Headsets: $ 8.95 (per headset, if requested) Two interpreters required if meeting is scheduled for more than 2.0 hours Teleconference by Zoom Fees: $ 495.00 (per interpreter) Half-day session (up to 3 hours) $ 165.00 (per interpreter) Two interpreters required if meeting is scheduled for more than 2.0 hours Rush Fee: 25% ADDITIONAL IF LESS THAN 4 (FOUR) BUSINESS DAYS NOTICE IS PROVIDED.
Mileage: If applicable.
Parking: Reimbursement if validation is not available.
Cancellation and Re-scheduling Policy: Less than 4 (four) business days notice is subject to the minimum session rate quoted above.
Billing Policy:
50% deposit required at booking, and balance due upon receipt of invoice. VISA/ MASTERCARD accepted for payment of the 50% deposit and/or balance due.
When paying by credit card, please fill out section below.
Amount: $ Name on Card:_______________________________ Expiration Date: Account Number:____________________ ___ CVV#: Address:____________________Zip code:__________ __ We take this opportunity to thank you for allowing us to be of service. Should this estimate for services meets with your approval, please indicate agreement by signing below. Please feel free to email our office at [email protected] if we can be of further assistance.
Client's Signature Date
H. M. Torres-Comas
BiLingual Services International Representative Date EXCELLENCE IN SERVICE
SINCE1980
[email protected] www.bilingualservicesinternational.com
JOSEPH W. MEDRANO & ASSOCIATES, INC.
1824 SOUTH SIXTH STREET
ALHAMBRA, CA 91803
A Professional Interpreting Service
(626) 576-5007
Proposal for City of Compton City Council Meetings Simultaneous Interpreting Rates
Interpreter labor is assumed to be for a full day event, up to 6 hours with 2 interpreters.
Spanish Translation
Interpreter Summary
Spanish Conference
Interpreters (Up to 6 Hours)
*After 6 hours, add $525 for
each additional hour
Qty
2 U nits
1 full day
Per Interpreter
$ 1600
Total cost
$ 3200*
*Note: If any documents are to be translated, please provide them at least 2 business days prior to the event in PDF format so our interpreters can prepare accordingly.
Payment Terms
Full payment is required 7 days prior to meeting date. If payment is not received, we will not provide interpreting services for the meeting.
Cancellation Policy
If the assignment is changed or cancelled, notification must be received within 72 hours/ 3 business days prior to the assignment start time excluding weekends and holidays (i.e. an assignment for 2 pm Tuesday must be cancelled by 2 pm the previous Thursday; an assignment for 10 am Wednesday must be cancelled by 10 am the previous Friday), otherwise full charges will apply. If, on the date of the assignment, the interpreter(s) is not used or the assignment does not go forward for any reason, full day charges will apply.
WE SPEAK YOUR LANGUAGE!
Dear Valued Client,
I want to first thank you for coming to Reliable Translations for all your translation and interpreting needs! We are very excited to serve you and your team, and we look forward to fulfilling all your requests in a timely and efficient manner.
We have attached this Welcome Letter so you will know more about who we are, what we do and most importantly, how we are going to make your translations and interpreting experience fast, easy, and efficient with the best results possible.
WHO WE ARE
Reliable Translations is an established national Translations agency based in Glendale, CA (West) with offices in Nashville, TN (Central) and Clearwater, FL (East). We have been in business for over 12 years, and we serve the entire Continental United States with Translation and Interpreting services in ANY language(s) for any type of document(s) and for any type of meeting.
Reliable Translations Inc. New Client-Info Pack
WHAT WE DO
Our main focus at Reliable Translations is to make Translation and Interpreting services EASY and PAIN FREE for all our clients.
This means we have as our #1 goal your complete satisfaction with each and every Translation and/or Interpreting job you send our way. We believe that if we can take most of the work out of your hands and place it into ours, and then perform the request VERY well, you will be fully satisfied.
We want you to rest easy, knowing that all your Translation and Interpreting needs are fully taken care of, day in and day out, with the least amount of effort on your part because we have you fully covered. Our fast, easy, and efficient service was designed to be this way through 12 years of hard-won experience.
In short, we know how to make your life easier by providing excellent translation and interpreting services.
GENERAL INFORMATION
Prices: Answers to pricing questions will be provided by your Sales or Service Representative at your request.
Hours: Monday-Saturday for all clients from 8:30 AM to 6:00 PM Customer Service Hours: Email: 24 Hours a day, 7 days a week.
Phone: Monday-Friday, 8:30AM to 5:30PM
Main Office Physical Address:
121 West Lexington Dr., Suite L106D, Glendale, CA 91203 Main Phone: 818-484-8673 Sales: Ext. 700
Translations: Ext. 701
Interpreting: Ext. 702
Finance: Ext. 703
Website: www.ReliableTranslations.com
Below you will find answers to Frequently Asked Questions (FAQs). If you do not find the answer to your question here, please ask your service representative.
TRANSLATIONS
How do I place an order for a translation or translations? Written Translations: If you have a translation request, simply email it to [email protected] and attach the document(s), note the language or languages to be translated into and the date by which you need the translation completed and returned to you.
If there is any other information, reference material such as a glossary, or any other special requests for the translation or formatting, just include it in the email request. If your document is very large (10 MEG or larger), you can request a secure link by email that will allow you to upload your files safely with a simple drag and drop of the files.
Your service representative will usually get back to you in no more than 30 minutes confirming the request. If there is any missing information, the service representative will ask in the return communication. Other than that, we will get right on it and get it completed and right back to you! Can I make a translation request at any time and for a very short turnaround time?
YES, you can. In almost all cases we can meet your request. If we know we honestly cannot, we will inform you. But be assured we do have the resources to meet very tight turnaround times no matter the size of the request.
What is a RUSH request for a translation and what is the charge? A RUSH request is any request that requires a turnaround of 24 hours or less. Be advised, this definition can change depending on volume and the nomenclature (highly specialized such as scientific, medical, etc.).
Your service representative will let you know right away but be assured almost all RUSH requests can be fulfilled for the deadline and if that is not the case for any reason, you will be informed right away to work out the best solution. The charge for a RUSH translation is $0.06/word in addition to the standard price. Small documents incurring a flat rate base fee DO NOT receive any extra charge for RUSH.
What are FLAT RATE minimum charges?
Very small documents will have a flat rate minimum (Base) charge. The size of a flat rate document is variable depending on the language, but generally falls in the range of 250-400 words or if your document is larger than this minimum size, a per word rate for that language applies instead.
Flat rate charges for minimum word translations can vary slightly, so please always check with your Service Representative.
Can a translation order be cancelled?
No, translations are started almost immediately, and because translators are paid in full for translations once assigned, we do need to also charge in full for the translation after an allowed grace period of 20 minutes.
Does Reliable Translations use Machine-Translation Software or Google to Translate?
NO. Our Translations are 100% Human Generated and this is expressly stated in the Reliable Translations Contract with Linguists. 100% Human Generated Translations also ensure the target audience is receiving the communication in its intended form.
INTERPRETING
How do I Place an order for an Oral Interpreting request? Oral Interpreting: For an interpreting request simply email [email protected]. Please include the language(s) needed, the date, the starting time and ending time, and the type of meeting. If it is an on-site meeting, include the location with the complete physical address, or if it will be virtual (Zoom, Skype, etc.) include the Zoom link and any other needed information such as an agenda for the virtual event/meeting.
If you need written document translations to complement your event, such as a PowerPoint or printed agenda, let us know and we can get it translated.
Your Service Representative will contact you within 30 minutes of the request to confirm arrangements and make sure your interpreting service is fully set up! For any interpreting request, you can always call (818) 484-8673 Ext. 702 to discuss it with your Service Representative.
Can I schedule an interpreting job with very short notice? Is there an extra fee?
YES, you can schedule an interpreting job with as short a notice as just minutes before the event, if you would like.
NO, there would not be an extra fee.
The only problem with ordering on short notice would be the availability of Interpreters to cover it and simply if we can schedule them and get them there on time. In this case, as soon as you schedule the job, covered or not, Reliable Translations charges the full rate. So it is simply NOT advised to schedule interpreting events with any shorter notice than 24 hours prior to the event or meeting.
The BIGGER the event and more languages required, the longer the advance notice we advise. If there are any issues whatsoever with coverage, your Service Representative will let you know right away. But be assured we can cover pretty much anything you throw at us.
We just ask that you give us as much advance notice as possible, and the bigger the event and the more languages needed, any additional time given makes it easier for all parties involved.
What is the cancellation policy on Interpreting assignments? Any Interpreting Job received by Reliable Translations which is confirmed with you, the client, that is cancelled within 24 hours of the scheduled start time, is considered a late cancellation and the full job as scheduled will be charged.
What is Simultaneous Interpreting:
Simultaneous Interpreting means a linguist is interpreting a meeting or event while the speaker speaks (simultaneously to the speaker). For in-person meetings, this usually requires a transmitter and receivers for those hearing the interpreter. Simultaneous basically means “At the same time.” This style is used in almost all meetings and events where there is a speaker and multiple people are being interpreted for. It is even used for a single audience member if the speaker does not want to be interrupted while speaking.
What is Consecutive Interpreting?
This is interpreting during which the interpreter waits for the speaker to say about 2 or 3 lines. Then the speaker pauses so the interpreter can interpret those lines for the other party. This protocol is usually explained to the speaker, if necessary, before the event begins, so the speaker is aware to stop after a few lines, allowing the interpreter to interpret them. The interpreter can ask/answer questions back and forth or convey the answers to the speaker. This is common for medical environments, one on one conversations, and interviews of any kind.
Can I send a translation or interpreting request at ANY time? YES. You can email your request ANYTIME to the email addresses mentioned above. They will be answered as soon as they are received within 30 minutes during normal business hours Monday-Saturday. You may need to give it a little more time on a Sunday or after 6:30 PM PST. Besides that, you will always get an answer within 30 minutes. In fact, it is very common for our Service Representatives to answer request emails within 10 minutes! How is interpreting billed in terms of hours?
Reliable Translations does have a minimum number of hours for any interpreting job, which is based on the booked time. The billing requirements are listed in bullet points below:
• 1-hour minimum for telephonic interpreting
• A 1.5 hour minimum per language for any virtual event/meeting (Zoom, Skype, etc.).
• A 2-hour minimum for any ON SITE event/meeting (Physical location that the interpreter must travel to).
• For any virtual event using Simultaneous Interpreting, 2.5 hours or more requires 2 interpreters per language. Specialized scenarios such as medical, scientific, or specialized terminology may require a partner for an even shorter meeting, and this is determined by your Sales • Representative or Service Representative. Most scenarios are NOT specialized.
• For any ON SITE Simultaneous Interpreting, a meeting of 3 hours or more requires 2 interpreters per language.
• For ON SITE Simultaneous interpretation of 2.5 hours or more with no breaks, 2 or more interpreters per language will be required. • Consecutive Interpreting usually does not require 2 interpreters per language except under certain scenarios such as a large audience for which 2 or more interpreters per language may need to “roam” to handle “Question and Answer” sessions for people in the audience. • If an interpreting session runs beyond the originally booked ending time, we add charges in 15-minute increments, rounded to the nearest 15 minutes, for each interpreter on the assignment. (Please be sure to book enough time when you set up your assignment, since interpreters may have other booked assignments later that day that they must honor. They will continue if available.)
• For ASL (American Sign Language) we often need to book 2 interpreters for assignments even shorter than 2 hours. This language is physically taxing as well as mentally, so having an interpreting partner is needed more frequently. Check with your service representative and provide details of your request.
Are there any other charges for Interpreting services?
• There could be, and your Sales or Service Representative will let you know upfront what these would be. Below are some other possible charges:
• Mileage for ON SITE interpretation. This charge is usually for traveling distances of 25 miles or more each way. (We use the standard IRS mileage reimbursement rate announced yearly.)
• For On-Site Simultaneous Interpreting Reliable Translations charges for equipment rental if you are not providing the equipment for Interpreting.
For any virtual event, if a Technician for the virtual platform is needed, we do charge an hourly rate for the Technician. Where there are multiple languages, or multiple speakers in a virtual event, your Service • Representative can discuss any needed set up time for Interpreters to come online for testing of the set-up arrangements in coordination with staff and technician before the event commences.
• As noted above, overtime beyond the booked time is charged in 15- minute increments and will be added after the event.
• ASL could require a second “partner” interpreter at or even before the 2- hour mark.
What is the cancellation policy on Interpreting assignments? Any Interpreting Job received by Reliable Translations which is confirmed with you, the client, that is cancelled within 24 hours of the scheduled start time, is considered a late cancellation and the full job as scheduled will be charged.
Please also note: Any Interpreting job received within 24 hours of the scheduled start time and also confirmed within 24 hours of the scheduled start time which is then cancelled before the scheduled start time will be charged in full.
RELATED SERVICES
What additional language services do you provide?
• Certifications and notarizations of our translations where required for legal documents.
• Foreign language transcription of your audio or video files • Translation of a transcript to another language
• Subtitling
• Voiceovers
• Translation and voicing of navigation cues and messages for your phone system
• Foreign language layout services, such as in InDesign • Translation for web and for social media posts
• Dialogue consultation for film
RELATED FAQs
Does Reliable Translations outsource ANY of its interpreters or translators?
NO. Reliable Translations only uses Professionals in the field of Interpreting and Translations. Reliable Translations has a direct 17-page binding Contract with every linguist that we use. This alone ensures a professional level of quality for every job we do as we only pull from these resources.
Reliable Translations also does quality checks on every linguist to ensure a continued high level of quality.
Are there any extra charges or hidden fees after I get my initial quote? NO. Reliable Translations is unique in this field as our final quoted price is always the FINAL price. You will never incur ANY additional fees, hidden charges, or surcharges with Reliable Translations. If your assignment changes from your initial booking by running overtime, we charge the additional time in 15-minute increments, but we use the same hourly rate, not time and a half, or double time.
Other translation and interpreting companies sometimes quote a very low price, but by the time the job is completed or is in progress, the job has incurred many additional fees. This is something you will never experience with Reliable Translations.
How do I pay?
In your INITIAL sale (your first purchase) we will usually ask for a 50% deposit. All subsequent requests/work can be billed to your company or purchasing department. We do understand that many Government entities, Schools and Corporations only pay by invoicing and/or Purchase Order. In this case your Sales Representative will work out the best payment option for you on your initial quote/sale.
What if there is a problem with any Translation or Interpreting job? Immediately contact your Customer Service Representative and he or she will handle it right away.
Does Reliable Translations outsource its tech/customer support? NO. Reliable Translations has employees in 3 separate locations in the United States that cover all three regions (West, Central and East). After your initial sale/order, you will be set up with a Service Representative who will handle ALL your future job requests from that point forward and any service or tech questions.
You will have a dedicated Service Representative who is available by phone during business hours and email 7 days a week.
Can I call with a question at any time?
You can call (818) 484-8673 at any time, but the hours for our main line are limited to 8:30 AM to 6PM PST Monday through Friday with occasional phone availability on Saturday.
If you are calling outside those hours you may not get a Service Representative on the line and it would be better to email your request or call back during the regular business hours.
Is there anything else I need to know that is not covered here? If there are any questions you may have that are not covered here, your sales or service representative will help you right away. Please feel free to call ANYTIME or email ANYTIME. Our keyword is RESPONSIVENESS.
During regular hours we will be there for anything you need and outside those hours, please send us an email, and we will get back to you ASAP.
You can also call and leave a message if outside regular hours.
Reliable Translations is here to service you and your team to the highest standards possible. We very much look forward to taking care of all your translation and/or interpreting needs!
CONTACT US
Phone: (818) 484-8673
Email: [email protected]
Copyright © 2021 · All content owned by Reliable Translations.
Our mailing address is:
Reliable Translations, Inc.
121 W. Lexington Drive, Suite L106D
Glendale, CA 91203
Category MINIMUM
CHARGE
On-Site Meetings Rate/hour 2 hours
Partner needed , if
simultaneous
interpreting will be
intensive.
Spanish $114 $228
Arabic $154 $308
ASL* $180 $360
Cantonese $154 $308
Farsi $154 $308
Hmong $192 $384
Italian $154 $308
Korean $154 $308
Mandarin $154 $308
Somali $192 $384
Russian $154 $308
Tagalog $154 $308
Vietnamese $180 $360
Other Languages - request quote
Zoom/Videoconference Meetings Rate/hour 1.5 hours / except ASL Partner needed , if simultaneous
interpreting will be
intensive.
Spanish $114 $171.0
Arabic $154 $231.0
ASL $180 $270.0
Cantonese $154 $231.0
Farsi $154 $231.0
Hmong $192 $288.0
Italian $154 $231.0
Korean $154 $231.0
Mandarin $154 $231.0
Russian $154 $231.0
Somali $192 $288.0
Tagalog $154 $231.0
Vietnamese $180 $270.0
Other Languages - request quote
Phone Conferences Rate/hour 1 hour
Spanish $ 114.00 $ 114.00
Arabic $ 154.00 $ 154.00
Cantonese $ 154.00 $ 154.00
Farsi $ 154.00 $ 154.00
Hmong $ 192.00 $ 192.00
Italian $ 154.00 $ 154.00
Korean $ 154.00 $ 154.00
Mandarin $ 154.00 $ 154.00
Russian $ 154.00 $ 154.00
Somali $ 192.00 $ 192.00
Tagalog $ 154.00 $ 154.00
Vietnamese $ 180.00 $ 180.00
Other Languages - request quote
We charge for additional time in 15 minute increments, rounded to the nearest 15 minutes.
Mileage will be charged at Standard IRS Reimbursement rate for the year if mileage is > 15 miles round trip.
Cancellation or no show with less than 24 hours' notice will incur the full charge for the booked time.
You are committing to the booked time. If the meeting or conference ends early, the booked time is still due.
WRITTEN TRANSLATIONS Professional Translator Calif Court Certified Spanish 0.18/word 0.28/word
Arabic $0.32 $0.40
Chinese $0.29 $0.40
Farsi $0.32 $40.00
Hmong $0.45 $0.55
Italian $0.25 $0.34
Korean $0.29 $0.40
Russian $0.28 $0.38
Somali $0.32 $0.42
Tagalog $0.27 $0.36
Vietnamese $0.29 $0.46
FLAT RATE MINIMUM OF $80.00 PER MOST LANGUAGES
Cancellations are not permitted on written translations since we are obligated to pay the translator in full once the job order is begun.
Calif Court Certified
PROFESSIONAL INTERPRETERS AND TRANSLATORS
Post Office Box 271186, Corpus Christi, TX 78427-1186
Phone (213) 400-0925 Fax (818) 547-0562
E-mail Address: [email protected]
Ms. Calicia Godwin
Deputy City Clerk
City of Compton
205 S. Willowbrook Avenue
Compton, California 90220
(310) 605-5530 phone
e-mail: [email protected]
July 18, 2024
Dear Ms. Godwin,
As promised, I have attached a proposal, for the interpreting services we will provide for the City Council Meetings and any other Community Meeting to be held in Compton from this date forward.
For the purposes of pricing, this proposal assumes the consideration that the meetings will last more than 3:30 hrs. Hence, the cost will remain the same whether they lasts 3:30 and up to 6:00 hrs. In case the meeting lasts under the 3:30 hrs., the City of Compton will receive a discounted invoice as we will only charge you the basic fee of $550.00. In an effort to partner with the City once again, we are barely increasing our fees for the first time since 2012 to reflect an increase on our Interpreters pay for cost of living.
I look forward to working with you again. If you have any questions, please feel free to contact me at (213)400-0925.
Sincerely,
All Star Interpreting Service, Inc.
By
Juan Carlos Morales
President and CEO
PROFESSIONAL INTERPRETERS AND TRANSLATORS
Post Office Box 271186, Corpus Christi, TX 78427-1186
Phone (213) 400-0925 Fax (818) 547-0562
E-mail Address: [email protected]
All Star’s Proposal for
City of Compton
If we need to schedule an event outside of the City Council Chambers and a large group of attendees is expected this is what we can offer you:
Simultaneous Interpreting Rates
Interpreter labor is assumed to be for a full day event (a half day event is considered up to 3:30 hours of translation time).
Spanish Translation
Interpreter Summary Qty Units
Spanish Interpreter 1 1.0 days $ 1,025.00 $1,025.00 Interpreter Non-Profit discount 1 1.0 days $ ( 200.00) $ (200.00) Total (Up to 6:00 Hrs.) $ 825.00
Equipment Rental Rates
Recommended Package
This equipment package includes: Extended $/unit qty Price
Translation Station $ 50.00 1 $ 50.00
Sound Barrier $ 25.00 1 $ 25.00
IR Emitter 1-channel $ 100.00 1 $ 100.00
IR Headsets 1-channel $ 6.00 20 $ 120.00
PA system (inc. Mixer/Amp and 2 speakers) $ 125.00 1 $ 125.00 Wireless Microphone $ 50.00 1 $ 50.00
Regular microphone with stand & cable $ 25.00 1 $ 25.00 Equipment Sub-Total $ 495.00
If additional headsets are required, they can be supplied at a rate of $6/unit. Please, let us know as soon as possible if any other audiovisual equipment (overhead projectors, screens, etc…) is required for the event.
A/V Technician Rates
There is a 5-hour minimum, for technician labor. A/V technician rates include travel time, equipment setup, sound check, the event and removal/clean up of the equipment.
AV Tech Summary Qty Units
AV Technician 1 hours $ 65.00 $ 455.00
AV Technician Non-Profit discount 1 7 $ ( 10.00) $ (70.00) Total $ 385.00
Cost Summary
The following is a cost summary per event. Each item is identified and totaled for your convenience.
Labor $ 1,210.00
Equipment $ 495.00
Taxes on Equipment 9.25% $ 45.79
Total $ 1,750.79
PROFESSIONAL INTERPRETERS AND TRANSLATORS
Post Office Box 271186, Corpus Christi, TX 78427-1186
Phone (213) 400-0925 Fax (818) 547-0562
E-mail Address: [email protected]
Event Time & Location:
Tuesday Evenings form 5:30 pm until the meeting is adjourned.
City Council Chambers or other places within the City of Compton (To be determined)
Payment Terms
All Star Interpreting Service, Inc., is a small business and can extend these very competitive rates based on prompt payment. Payment is expected within 45 days.
Credentials
All Star Interpreting Service, Inc., has been providing translations and interpreting services since 1993. All Star Interpreting Service, Inc., works with a crew of professional certified court translators and interpreters of practically every language. Among other languages, we have provided written translations and interpretation service in Chinese, Japanese, Korean, Arabic, Armenian, Yugoslavian, Hungarian, German, French, Italian, Portuguese and of course, Spanish.
Upon request, we can provide virtually any other language through our network of translators and interpreters. Being members of the American Translators Association, State and Federally Certified Interpreters we strive to provide the highest quality translations in any given circumstance.
July 16, 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 ENTER INTO A FIVE-YEAR
AGREEMENT ($165,500) WITH BLX GROUP LLC (BLX), AMEND THE FY2024-2025 CITY BUDGET, AND ISSUE A PURCHASE ORDER TO
BLX FOR CONTINUING DISCLOSURE, ARBITRAGE REBATE
COMPLIANCE, AND S.B. 1029 ANNUAL DEBT TRANSPARENCY
REPORTING SERVICES FOR CITY BONDS FOR THE FIRST YEAR OF SERVICE ($59,500).
SUMMARY
Adoption of this Resolution will authorize the City Manager to enter into a five-year agreement with BLX Group LLC (BLX) ($165,500), amend the FY2024-2025 City budget to transfer ($59,500) between various accounts, and issue a Purchase Order to BLX to provide Continuing Disclosure, Arbitrage Rebate Compliance, and S.B. 1029 Annual Debt Transparency Reporting Services for City bonds ($59,500) for the first year of service.
BACKGROUND
The City needs technical expertise in several disciplines to advance the goals and policies of the Mayor and Council in order to actively respond and implement bond disclosure requirements applicable to the City of Compton. In prior years the City issued bonds. As part of the agreements reached in the various bond transactions, including the Continuing Disclosure Agreements, it was required that the City perform certain disclosure activities.
One of the required activities is to disseminate and post the required disclosures in a pre- determined and designated location, also known as a municipal bond disclosure platform.
Additionally, other bonding disclosure requirements include arbitrage rebate compliance services and S.B. 1029 Annual Debt Transparency Reporting Services. The City does not have the technical knowledge to efficiently perform these required services. Therefore, the City needs an agent to disseminate and to post onto municipal bond platforms certain required disclosures related to its bond-related activity on an on-going basis.
A description of the City’s past Bond issues is attached as Exhibit A.
Excerpts from past City Bond Disclosure agreements, which are still currently obligations of the City, is attached as Exhibit B.
Further, Resolution No. 25,387 which was approved by Council on December 8, 2020, adopted a Debt Management Policy and a policy for disclosure procedures. In this policy, in Section 6, “Debt Management and Administration”, it states,
8.8.8.8.8.8.8.8.8.8.8. Staff Report - A Resolution Authorizing A 5-Year Agreement and Purchase Order to BLX Group LLC For Continuing Disclosure, Arbitrage Rebate Compliance, And S.B. 1029 Annual Debt Transparency Reporting Services For City Bonds July 16, 2024
2 “The City Manager, or City Treasurer, and/or the City Controller, or his/her designee (the “Designated City Representative”), is hereby appointed as the City official responsible for the following:
Ensuring that the City’s debt is administered in accordance with its terms, federal and State law and regulations, and best industry practices.
Debt issuance including reviewing and recommending appropriate structures for new debt issuances
Debt management, including assigning staff with certain day-to-day responsibilities.
Working with the City Manager, City Controller and other staff deemed appropriate in formulating the City’s debt management plans, executing these plans, and ensuring appropriate debt management.
Keeping the City Council informed of the City’s debt-related activities through informational reports, briefings, or workshops. Select service providers as necessary to assist meet legal requirements, assist with the debt issuance, and minimize debt costs. Such providers may include bond and disclosure counsel, financial advisors, underwriters, trustees, verification agents, escrow agents, arbitrage consulting, special tax consulting, and other consultants as needed. Communicating with rating agencies, investors, and other debt related service provides about the City’s financial condition
Review outstanding debt for refunding opportunities
Maintain compliance with the Investment Policy and disclosure requirements in the City’s Disclosure Policy”
STATEMENT OF THE ISSUE
In November 2021, the City entered into an agreement with Willdan to perform these bond disclosure and dissemination services for the Tax Revenue Bonds, Series 2021, however the agreement was later deemed invalid. Staff was unaware of the invalidity of the agreement with Willdan and continued to use Willdan’s disclosure services until the discovery of the invalidity of the agreement.
Additionally, staff had discovered that the use of the firm DAC, another firm providing bond disclosure and dissemination services for Successor Agency bonds during calendar year 2022, also was initiated by an agreement that was later deemed invalid. Similarly, Staff was unaware of the invalidity of the agreement with DAC and continued to use DAC disclosure services, until the discovery of the invalidity of the agreement.
Staff Report - A Resolution Authorizing A 5-Year Agreement and Purchase Order to BLX Group LLC For Continuing Disclosure, Arbitrage Rebate Compliance, And S.B. 1029 Annual Debt Transparency Reporting Services For City Bonds July 16, 2024
3 This discovery prompted staff to prepare a new Request for Proposal for Ongoing Bond Disclosure and Filing Services. The Request for Proposal (RFP) was issued two times with no responses. The RFP was published in the Compton Bulletin, and on the City website, and had been emailed to the two known previous providers. The RFP was published on May 10th 2023 and again on June 16th, 2023.
After two failed RFP attempts, staff contacted other City vendors for referrals and was referred to BLX Group LLC for the needed services.
Although the prior agreements with Wildan and DAC were deemed invalid, the City had engaged with more than one firm to provide the services for the different bonds that the City had issued. However, at this time, staff is recommending to have one vendor provide these services for all of the City’s bonds. This is mainly due to the lack of responses to the Request for Proposal as described above.
Staff is requesting authorization be given to enter into a five-year agreement with BLX Group LLC for Continuing Disclosure, Arbitrage Rebate Compliance, and S.B. 1029 Annual Debt Transparency Reporting Services for all City bonds for an amount of ($165,500) to be yearly allocated as follows:
Yr. 1 - $59,500 (Includes a one-time Arbitrage Rebate Compliance fees) Yr. 2 - $26,500
Yr. 3 - $26,500
Yr. 4 - $26,500
Yr. 5 - $26,500
Please see Exhibit C for cost allocation for each bond
FISCAL IMPACT
As illustrated in the yearly breakdown for the services of BLX Group LLC, the proposed 5-yr agreement is not-to-exceed $165,500. An amendment to the City’s FY2024-25 budget is requested to appropriate funds from Lease Revenue Bond Series 2008, Sewer Bond 2009, Water Bond Fund 2009, MTA Taxes Bond, and Successor Agency Bond Series 2022A and B Fund Balances for the cost of services during the first year ($59,500).
Budget amendment requests are as follows:
Budget transfer:
Decrease in Expenditure appropriations:
5116-710-000-4262 Sewer Fund $9,666.64 Other Professional Services
Public Works Street Maintenance
Staff Report - A Resolution Authorizing A 5-Year Agreement and Purchase Order to BLX Group LLC For Continuing Disclosure, Arbitrage Rebate Compliance, And S.B. 1029 Annual Debt Transparency Reporting Services For City Bonds July 16, 2024
4 Increase in Expenditure appropriations:
5116-610-000-4262 Sewer Fund $9,666.64
Other Professional Services
Non-Departmental
Appropriations from Fund Balance:
Increase in Expenditure appropriations:
5003-610-000-4262 Water Bond Fund 2009 $9,666.64
Other Professional Services
Non-Departmental
*As of June 2024, the Balance Sheet (Unaudited) indicates Total Net Assets available for Fund 5003 is $137,365.23.
3030-610-000-4262 Lease Revenue Bonds Series 2008 $9,666.64 Other Professional Services
Non-Departmental
3030-610-016-4262 Lease Revenue Bonds Series 2008 $9,666.64 Other Professional Services
Non-Departmental
*As of June 2024, the Balance Sheet (Unaudited) indicates Total Net Assets available for Fund 3030 is $4,601,921.76
3031-610-000-4262 MTA Sales Tax Bond $10,166.64
Other Professional Services
Non-Departmental
*As of June 2024, the Balance Sheet (Unaudited) indicates Total Net Assets available for Fund 3031 is $874,027.58
Staff is also requesting at this time authorization to issue a Purchase Order to BLX Group LLC ($59,500) allocated from the following accounts:
Account Code Account Name Amount
1201-610-000-4262 Successor Agency Bond Series 2022A $5,333.40 Other Professional Services
Non-Departmental
1201-610-000-4262 Successor Agency Bond Series 2022B $5,333.40 Other Professional Services
Non-Departmental
5116-610-000-4262 Sewer Fund $9,666.64
Other Professional Services
Non-Departmental
Staff Report - A Resolution Authorizing A 5-Year Agreement and Purchase Order to BLX Group LLC For Continuing Disclosure, Arbitrage Rebate Compliance, And S.B. 1029 Annual Debt Transparency Reporting Services For City Bonds July 16, 2024
5 5003-610-000-4262 Water Bond Fund 2009 $9,666.64
Other Professional Services
Non-Departmental
3030-610-000-4262 Lease Revenue Bonds Series 2008 $9,666.64 Other Professional Services
Non-Departmental
3030-610-016-4262 Lease Revenue Bonds Series 2008 $9,666.64 Other Professional Services
Non-Departmental
3031-610-000-4262 MTA Sales Tax Bond $10,166.64
Other Professional Services
Non-Departmental
Funding for the remaining years of the agreement will be allocated in future City budgets.
A separate agenda item will be brought to the Board of the Compton Successor Agency for the services needed for the Successor Agency bonds.
RECOMMENDATION
Staff recommends the City Council to adopt the attached Resolution to authorize the City Manager to enter into a five-year agreement ($165,500), amend the FY2024-2025 City Budget, and issue a Purchase Order to BLX Group LLC (BLX) to provide Continuing Disclosure, Arbitrage Rebate Compliance, and S.B. 1029 Annual Debt Transparency Reporting Services for City bonds ($59,500) for the first year of service.
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 FIVE-YEAR
AGREEMENT ($165,500) WITH BLX GROUP LLC (BLX), AMEND THE FY2024- 2025 CITY BUDGET, AND ISSUE A PURCHASE ORDER TO BLX FOR CONTINUING DISCLOSURE, ARBITRAGE REBATE COMPLIANCE, AND S.B. 1029 ANNUAL DEBT TRANSPARENCY REPORTING SERVICES FOR CITY BONDS FOR THE FIRST YEAR OF SERVICE ($59,500).
WHEREAS, the City needs technical expertise in several disciplines to advance the goals and policies of the Mayor and Council in order to actively respond and implement bond disclosure requirements applicable to the City of Compton; and WHEREAS, in prior years the City issued bonds; and
WHEREAS, as part of the agreements reached in the various bond transactions, including the Continuing Disclosure Agreements, it was required that the City perform certain disclosures activities. One of the required activities is to disseminate and post the required disclosures in a pre-determined and designated location, also known as a municipal bond disclosure platform; and
WHEREAS, other bonding disclosure requirements include arbitrage rebate compliance services and S.B. 1029 Annual Debt Transparency Reporting Services; and WHEREAS, the City does not have the technical knowledge to efficiently perform these required services. Therefore, the City needs an agent to disseminate and to post onto municipal bond platforms certain required disclosures related to its bond-related activity on an on-going basis; and
WHEREAS, Resolution No. 25,387 which was approved by Council on December 8, 2020, adopted a Debt Management Policy and a policy for disclosure procedures; and WHEREAS, this disclosure requirement prompted staff to prepare a new Request for Proposal for Ongoing Bond Disclosure and Filing Services; and WHEREAS, the Request for Proposal (RFP) was issued two times with no responses. The RFP was published in the Compton Bulletin, and on the City website, and had been emailed to the two known previous providers. The RFP was published on May 10th 2023 and again on June 16th, 2023; and
WHEREAS, after two failed RFP attempts, staff contacted other City vendors for referrals and was referred to BLX Group LLC for the needed services; and WHEREAS, although the prior agreements with Wildan and DAC were deemed invalid, the City had engaged with more than one firm to provide the services for the different bonds that the City had issued; and
WHEREAS, at this time, staff is recommending to have one vendor provide these services for all of the City’s bonds. This is mainly due to the lack of responses to the Request for Proposal as described above; and
WHEREAS, staff is requesting authorization be given to enter into a five-year agreement with BLX Group LLC for Continuing Disclosure, Arbitrage Rebate Compliance, and S.B. 1029 Annual Debt Transparency Reporting Services for all City bonds for an amount of ($165,500) to be allocated as follows:
Resolution No. _______
2 Yr. 1 - $59,500 (Includes a one-time Arbitrage Rebate Compliance fees) Yr. 2 - $26,500
Yr. 3 - $26,500
Yr. 4 - $26,500
Yr. 5 - $26,500
WHEREAS, as illustrated in the yearly breakdown for the services of BLX Group LLC, the proposed 5-yr agreement is not-to-exceed $165,500. An amendment to the City’s FY2024-25 budget is requested to appropriate funds from Lease Revenue Bond Series 2008, Sewer Bond 2009, Water Bond Fund 2009, MTA Taxes Bond, and Successor Agency Bond Series 2022A and B Fund Balances for the cost of services during the first year ($59,500); and
WHEREAS, budget amendments are as follows:
A budget transfer is requested:
Decrease in Expenditure appropriations:
5116-710-000-4262 Sewer Fund $9,666.64 Other Professional Services
Public Works Street Maintenance
Increase in Expenditure appropriations:
5116-610-000-4262 Sewer Fund $9,666.64
Other Professional Services
Non-Departmental
Appropriations from Fund Balance:
Increase in Expenditure appropriations:
5003-610-000-4262 Water Bond Fund 2009 $9,666.64
Other Professional Services
Non-Departmental
3030-610-000-4262 Lease Revenue Bonds Series 2008 $9,666.64 Other Professional Services
Non-Departmental
3030-610-016-4262 Lease Revenue Bonds Series 2008 $9,666.64 Other Professional Services
Non-Departmental
3031-610-000-4262 MTA Taxes Bond $10,166.64
Other Professional Services
Non-Departmental
WHEREAS, staff is also requesting at this time authorization to issue a Purchase Order to BLX Group LLC ($59,500) allocated from the following accounts:
1201-610-000-4262 Successor Agency Bond Series 2022A $5,333.40 Other Professional Services
Non-Departmental
1201-610-000-4262 Successor Agency Bond Series 2022B $5,333.40 Other Professional Services
Non-Departmental
Resolution No. _______
3 5116-610-000-4262 Sewer Fund $9,666.64
Other Professional Services
Non-Departmental
5003-610-000-4262 Water Bond Fund 2009 $9,666.64
Other Professional Services
Non-Departmental
3030-610-000-4262 Lease Revenue Bonds Series 2008 $9,666.64 Other Professional Services
Non-Departmental
3030-610-016-4262 Lease Revenue Bonds Series 2008 $9,666.64 Other Professional Services
Non-Departmental
3031-610-000-4262 MTA Taxes Bond $10,166.64
Other Professional Services
Non-Departmental
WHEREAS, funding for the remaining years of the agreement will be allocated in future City budgets; and
WHEREAS, a separate agenda item will be brought to the Board of the Compton Successor Agency for the services needed for the Successor Agency bonds; and
WHEREAS, staff recommends the City Council to adopt the attached Resolution to authorize the City Manager to enter into a five-year agreement ($165,500), amend the FY2024-2025 City Budget, and issue a Purchase Order to BLX Group LLC (BLX) to provide Continuing Disclosure, Arbitrage Rebate Compliance, and S.B. 1029 Annual Debt Transparency Reporting Services for City bonds ($59,500) for the first year of service; 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 five-year professional services agreement with BLX Group LLC (BLX) to provide Continuing Disclosure, Arbitrage Rebate Compliance, and S.B. 1029 Annual Debt Transparency Reporting Services for City bonds.
SECTION 2. That the City Manager is hereby authorized to amend the FY2024-2025 City budget to transfer funds and to appropriate funds from Fund Balance as follows.
Decrease in Expenditure appropriations:
5116-710-000-4262 Sewer Fund $9,666.64 Other Professional Services
Public Works Street Maintenance
Increase in Expenditure appropriations:
Resolution No. _______
4 5116-610-000-4262 Sewer Fund $9,666.64
Other Professional Services
Non-Departmental
Appropriations from Fund Balance:
Increase in Expenditure appropriations:
5003-610-000-4262 Water Bond Fund 2009 $9,666.64
Other Professional Services
Non-Departmental
3030-610-000-4262 Lease Revenue Bonds Series 2008 $9,666.64 Other Professional Services
Non-Departmental
3030-610-016-4262 Lease Revenue Bonds Series 2008 $9,666.64 Other Professional Services
Non-Departmental
3031-610-000-4262 MTA Taxes Bond $10,166.64
Other Professional Services
Non-Departmental
SECTION 3. That the City Manager is hereby authorized to issue a Purchase Order for the amount of Fifty-Nine Thousand Five Hundred Dollars ($59,500) for services to be provided in the first year by BLX Group LLC. Funds shall be available within the FY2024-2025 City budget listed as follows:
Account Code Account Name Amount
3030-610-000-4262 Lease Revenue Bonds Series 2008 $9,666.64 Other Professional Services
Non-Departmental
3030-610-016-4262 Lease Revenue Bonds Series 2008 $9,666.64 Other Professional Services
Non-Departmental
5116-610-000-4262 Sewer Fund $9,666.64
Other Professional Services
Non-Departmental
5003-610-000-4262 Water Bond Fund 2009 $9,666.64
Other Professional Services
Non-Departmental
3031-610-000-4262 MTA Taxes Bond $10,166.64
Other Professional Services
Non-Departmental
1201-610-000-4262 Successor Agency Bond Series 2022A $5,333.40 Other Professional Services
Non-Departmental
1201-610-000-4262 Successor Agency Bond Series 2022B $5,333.40 Other Professional Services
Non-Departmental
SECTION 4. That a duly copy of the Resolution shall be filed with the offices of the City Manager, City Clerk, City Attorney, and City Controller.
Resolution No. _______
5 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:
________________________________
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
Description
1. Compton Public Finance Authority
Exhibit A
Lease Revenue Bonds (Refunding and Various Projects) Series 2008
2. Compton Public Finance Authority
Lease Revenue Refunding, Series 2016
3. City of Compton
Sewer Revenue Refunding Bonds, Series 1998
4. City of Compton
Sewer Revenue Bonds, Series 2009
5. City of Compton
Water Revenue Bonds, Series 2009
6. Independent Cities Finance Authority
(City of Compton, California)
Sales Tax Revenue Bonds Series 2021
7. Successor Agency to the Community Redevelopment Agency of the.City of Compton Tax Allocation Refunding Bonds, Series 2022A and Series 2022B
LIMITED OFFERING MEMORANDUM
OFFERED ONLY TO QUALIFIED INSTITUTIONAL BUYERS
NEW ISSUE
BOOK-ENTRY ONLY
NO RATING
In the opinion of Bond Counsel, subject to the limitations and conditions described herein, interest on the Bonds (defined below) allocable to a holder thereof is exempt from present State of California personal income taxes, is excludable from gross inco me for federal income tax purposes, and is not an item of tax pr eference for purposes of the federal alternative minimum tax imposed on individuals and corporations; however, such interest is taken into account in determining adjusted current earnings for the purpose of computing the altern ative minimum tax imposed on certain corporations. The opinion contains greater detail, and is subject to exceptions, as noted in “TAX MATTERS” herein. $27,645,000
COMPTON PUBLIC FINANCE AUTHORITY
Lease Revenue Refunding Bonds
Series 2016
Dated: Date of Delivery Due: September 1, as shown on inside cover The Compton Public Finance Authority Lease Revenue Refunding Bonds, Series 2016 (the “Series 2016 Bonds”) are being issued to (i) to pay, redeem, advance refund and defease portions of each maturity of the Compton Public Finance Aut hority Lease Revenue Bonds (Refunding and Various Capital Projects) Series 2008 Bonds (the “Prior Bonds” or the “Series 2008 Bonds”) and (ii) pay certain costs associated with the issuance of t he Series 2016 Bonds. See “PLAN OF FINANCE” and “ESTIMATED SOURCES AND USES OF FUNDS.”
Interest on the Bonds will be payable from their date of issuance on March 1 and September 1 of each year, commencing March 1, 2017.
The Series 2016 Bonds will be initially delivered in book -entry form, in authorized denominations of $100,000 and integral multiples of $5,000 in excess thereof, registered in the name of Cede & Co., as nominee of The Depository Trust Company, New York, New York (“DTC”). Princi pal of, redemption premium, if any, and interest on the Series 2016 Bonds will be paid by US Bank National Association, as trustee (the “Trustee”), to DTC. DTC is obligated to remit such principal and interest to its DTC Participants for disbursement to the beneficial owners of the Series 2016 Bonds. See APPENDIX F - “DTC AND THE BOOK-ENTRY ONLY SYSTEM.” The Bonds are subject to optional, extraordinary and mandatory redemption as described herein.
The Series 2016 Bonds are being issued pursuant to a Supplemental Trust Agreement, dated as of August 1, 2016, by and between the Compton Public Finance Authority (the “Authority”) and the Trustee and acknowledged by the City supplementing the Trust Agreement dated as o f May 1, 2008 between the Authority and the City.
The Series 2016 Bonds are limited obligations of the Authority payable on a parity with the Prior Bonds and any Additional Bonds issued under the Trust Agreement solely from certain revenues of the Authority, consisting primarily of Base Rental Payments (as defined herein) to be made by the City to the Authority pursuant to an Amended and Restated Facility Lease, dated as of August 1, 2016 (the “Facility Lease”), between the Authority and the City. Pursuant to the Facility Lease, the City will lease the Facilities (defined herein) from the Authority. The City has covenanted in the Facility Lease to take such action as may be necessary to include Base Rental Payments in its annual budgets and to make the necessary annual appropriations therefor. The City agrees in the Facility Lease to make all Base Rental Payments, subject to a batement in the event of damage to or destruction or condemnation of all or a portion of the Facilities which results in subs tantial interference with the City’s use and occupancy of the Facilities, except as otherwise described herein.
THE SERIES 2016 BONDS ARE LIMITED OBLIGATIONS OF THE AUTHORITY PAYABLE SOLELY FROM REVENUES AND ARE NOT
SECURED BY A LEGAL OR EQUITABLE PLEDGE OF, OR CHARGE OR LIEN UPON, ANY PROPERTY OF THE AUTHORITY OR THE CITY OR ANY OF THEIR INCOME OR RECEIPTS, EXCEPT THE REVENUES (AS DE SCRIBED HEREIN). NEITHER THE FULL FAITH NOR THE CREDIT OF THE AUTHORITY OR THE CITY IS PLEDGED FOR THE PAYMENT OF THE INTEREST ON OR PRINCIPAL OF THE SERIES 2016 BONDS. NEITHER THE PAYMENT OF THE PRINCIPAL OF OR INTEREST ON THE SERIES 2016 BONDS NOR THE OB LIGATION TO MAKE BASE RENTAL PAYMENTS
UNDER THE FACILITY LEASE CONSTITUTES A DEBT, LIABILITY OR OBLIGATION OF THE AUTHORITY OR THE CITY FOR WHICH EITHER
ENTITY IS OBLIGATED TO LEVY OR PLEDGE ANY FORM OF TAXATION OR FOR WHICH EITHER ENTITY HAS LEVIED OR PLEDGED ANY FORM OF TAXATION THE AUTHORITY HAS NO TAXING POWER. THE SERIES 2016 BONDS MAY NOT BE TRANSFERRED OR EXCHANGED EXCEPT AS PROVIDED HEREIN TO QUALIFIED INSTITUTIONAL BUYERS, AS DEFINED HEREIN.
THIS COVER PAGE CONTAINS CERTAIN INFORMATION FOR QUICK RE FERENCE ONLY AND IS NOT A SUMMARY OF THE TRANSACTION. INVESTORS MUST READ THE ENTIRE LIMITED OFFERING MEMORANDUM TO OBTAIN INFORMATION ESSENTIAL TO THE MAKING OF AN INFORMED INVESTMENT DECISION.
THE SERIES 2016 BONDS ARE SUBJECT TO A SIGNIFICANT DEGREE OF RISK. THE SERIES 2016 BONDS ARE SUITABLE FOR
INVESTMENT CONSIDERATION ONLY FOR THOSE PERSONS WHO ARE SOPHISTICATED AND EXPERIENCED IN THE FIELD OF LEASE REVENUE BONDS. NO RATING FOR THE SERIES 2016 BONDS HAS BEEN APPLIED FOR. SEE “THE BONDS - SECURITY AND SOURCES OF PAYMENT FOR THE SERIES 2016 BONDS,” “RISK FACTORS,” AND “CITY FISCAL CRISIS UPDATE” HEREIN.
THE SERIES 2016 BONDS WILL NOT BE REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, OR ANY STATE SECURITIES LAWS. THE SERIES 2016 BONDS ARE BEING OFFERED ONLY TO QUALIFIED INSTITUTIONAL BUYERS WITHIN THE MEANING OF RULE 144A UNDER THE SECURITIES ACT OF 1933, AS AMENDED. SUBSEQUENT TRANSFERS OF THE SERIES 2016 BONDS WILL BE LIMITED TO QUALIFIED INSTITUTIONAL BUYERS. SEE “RISK FACTORS – RESTRICTED PURCHASERS OF SERIES 2016 BONDS” HEREIN.
The Series 2016 Bonds are offered when, as and if executed and delivered by the City and received by the Purchaser, subject t o the approval as to their legality by Butler Snow LLP Atlanta, Georgia, Bond Counsel to the City. Certain other legal matters will be passed upon for the City by the City Attorney, and by the City’s Disclosure Counsel, Butler Snow LLP, Atlanta, Georgia and for the underwrite r by its counsel Ballard Spahr LLP, Philadelphia, Pennsyl vania. Comer Capital Group, LLC, Jackson, Mississippi, is serving as Financial Advisor for the City. It is expected that the Series 2016 Bonds will be available through the facilities of DTC in New York, New York for delivery on or about August 10, 2016.
Dated August 4, 2016
3 General Description of the Series 2016Bonds
The Series 2016 Bonds will be delivered in fully registered form , without coupons. The Series 2016 Bonds will be registered in the name of Cede & Co., as nominee of The Depository Trust Company (“DTC”), New York, New York, securities depository of the Bonds. Purchase of the Series 2016 Bonds will be made in book -entry form only. A purchaser of the Series 2016 Bonds (the “Purchaser”) will not receive a certificate representing its ownership interest in the Bonds. See “BOOK-ENTRY ONLY SYSTEM” herein. The principal of and interest on the Series 2016 Bonds will be paid in accordance with the schedule set forth on the inside cover of this Limited Offering Memorandum by the Trustee to DTC, which will in turn remit such principal and interest to the Purchaser. The Bonds will be issued on parity with the Series 2008 Bonds.
The Series 2016 Bonds are subject to redemption prior to maturity as set forth herein. See “THE SERIES 2016 BONDS” herein for more information.
Restrictions of Purchasers of Series 2016 Bonds
THE SERIES 2016 BOND S ARE BEING OFFERED AND SOLD ONLY TO “QU ALIFIED INSTITUTIONAL BUYERS ,” AS DEFINED IN RUL E 144A UNDER THE SEC URITIES ACT OF 1933, AS AMENDED (THE “SECURI TIES ACT”). SEE “RIS K FACTORS – RESTRICTED PURCHASER S OF SERIES 2016 BONDS” AND APPENDIX G – “FORM OF INVESTOR LETTER.” Reserve Fund
Pursuant to the Trust Agreement, a reserve fund (the “Reserve Fund”) is established for the benefit of the Bondholders in an amount equal to the Reserve Fund Requirement (as defined herein). Amounts on depo sit in the Reserve Fund are available to pay debt service on all Outstanding Bonds, including any Additional Bonds. See “SECURITY AND SOURCES OF PAYMENT FOR THE SERIES 2016 BONDS - Reserve Fund.” Tax Exemption
In the opinion of Bond Counsel, subject to the limitations and conditions described herein, interest on the Series 2016 Bonds is exempt from present State of California personal income taxes, In the opinion of Bond Counsel, subject to the limitations and conditions described herein, interest on the Se ries 2016 Bonds is excludable from gross income for federal income tax purposes and is not an item of tax preference for purposes of the federal alternative minimum tax imposed on individuals and corporations; provided, however, such interest is taken into account in determining adjusted current earnings for the purpose of computing the alternative minimum tax imposed on certain corporations. The opinion of Bond Counsel contains greater detail, and is subject to exceptions, as noted in “TAX MATTERS” herein. See APPENDIX D: FORM OF OPINION OF BOND COUNSEL.” Certain Risk Factors
For a discussion of certain risk factors associated with investment in the Series 2016 Bonds, see “CERTAIN RISK FACTORS” as well as other factors discussed throughout this Offering Mem orandum.
Continuing Disclosure
The City has covenanted in various Continuing Disclosure Agreements to file notices of certain events (each, a “Listed Event”) with the Municipal Securities Rulemaking Board (the “MSRB”) through its Electronic Municipal Market Access (“EMMA”) system or as otherwise directed by the MSRB or the Securities and Exchange Commission (the “SEC”).
During the period 2012 to 2015, the City has failed to timely file certain annual reports, notices of failure to file annual reports, and notices of rating changes required to be filed pursuant to continuing disclosure agreements entered into by the City and the respective dissemination agents thereunder pursuant to Rule 15c2 -12(b)(5) (the “Rule”) of the SEC within the past five years. The C ity has now adopted Post Issuance Compliance Procedures and is undertaking a process to implement those procedures in a manner that the City expects will support the timely filing of required annual reports and other filings required pursuant to a continui ng disclosure agreement.
OFFERED ONLY TO QUALIFIED INSTITUTIONAL BUYERS
NEW ISSUE - BOOK-ENTRY ONLY INSURED RATING S&P: “AA”
UNDERLYING RATING: NOT RATED
See “CONCLUDING INFORMATION—Rating” herein
In the opinion of Co-Bond Counsel, under existing laws, regulations, rulings, and judicial decisions and assuming the accuracy of certain representations and continuous compliance with certain covenants described herein, interest on the Bonds is excludable from gross income under federal income tax laws pursuant to Section 103 of the Internal Revenue Code of 1986, as amended to the date of delivery of the Bonds, and such interest is excludable from federal alternative minimum taxable income as defined in Section 55(b)(2) of the Code. Co-Bond Counsel is further of the opinion that, under existing law, interest on the Bonds is exempt from State of California personal income tax. For a more complete description, see “TAX MATTERS” herein. $37,120,000
INDEPENDENT CITIES FINANCE AUTHORITY
(CITY OF COMPTON, CALIFORNIA)
SALES TAX REVENUE BONDS, SERIES 2021
Dated: Date of Delivery Due: June 1 as shown on the inside front cover page The Independent Cities Finance Authority (City of Compton, California) Sales Tax Revenue Bonds, Series 2021 (the “Bonds”), are being issued
to (i) finance the design, acquisition, and construction of certain local roadway and street improvement projects (each a “Project” and collectively, the “Projects”) in the City of Compton (the “City”), (ii) fund a debt service reserve fund for the Bonds and (iii) pay the costs incurred in connection with the issuance of the Bonds.
The Bonds are payable from the Revenues, as defined herein, pledged under the Trust Agreement, as defined herein, consisting primarily of installment payments (the “Installment Sale Payments”) to be made by the City to the Independent Cities Finance Authority (the “Authority”) from Measure M Receipts, Measure R Receipts and Proposition C Receipts (collectively, the “Tax Revenues”), as defined herein, pursuant to an Installment Sale Agreement, as defined herein, and from certain funds held under the Trust Agreement. The City is required under the Installment Sale Agreement to make Installment Sale Payments in each fiscal year in an amount sufficient to pay the annual principal and interest due with respect to the Bonds, as described herein. See “SOURCES OF PAYMENT FOR THE BONDS” and “RISK FACTORS” herein. The Tax Revenues are the only source of payment of the Installment Sale Payments, and the City has covenanted to use the net proceeds of the Bonds to fund only Projects that constitute a Measure M Project, Measure R Project or Proposition C Project, as applicable, as described herein. Neither the general fund of the City nor any other moneys of the City are available to pay or secure the Installment Sale Payments or the Bonds.
Interest on the Bonds is payable semiannually on June 1 and December 1 of each year, commencing June 1, 2021, until maturity or earlier redemption. See “THE BONDS - General Provisions” and “THE BONDS - Redemption” herein.
Bond Insurance. The scheduled payment of principal of and interest on the Bonds when due will be guaranteed under a municipal bond insurance policy to be issued concurrently with the delivery of the Bonds by Assured Guaranty Municipal Corp. (the “Insurer”). See “BOND INSURANCE” herein.
THE BONDS ARE PAYABLE EXCLUSIVELY FROM THE REVENUES AND OTHER FUNDS AS IS PROVIDED IN THE TRUST AGREEMENT. THE GENERAL FUND OF THE AUTHORITY IS NOT LIABLE, AND THE CREDIT OF THE AUTHORITY IS NOT PLEDGED, FOR THE PAYMENT OF THE INTEREST AND PREMIUM (IF ANY) ON OR PRINCIPAL OF THE BONDS. THE PRINCIPAL
OF AND INTEREST ON THE BONDS, AND ANY PREMIUM UPON THE REDEMPTION OF ANY THEREOF, SHALL NOT BE A LEGAL
OR EQUITABLE PLEDGE, CHARGE, LIEN OR ENCUMBRANCE UPON ANY PROPERTY OF THE AUTHORITY OR UPON ANY OF ITS
INCOME, RECEIPTS OR REVENUES EXCEPT THE REVENUES AND OTHER FUNDS PLEDGED TO THE PAYMENT THEREOF AS PROVIDED IN THE TRUST AGREEMENT. THE AUTHORITY HAS NO TAXING POWER.
THE OBLIGATION OF THE CITY TO MAKE INSTALLMENT SALE PAYMENTS DOES NOT CONSTITUTE AN OBLIGATION OF THE
CITY FOR WHICH THE CITY IS OBLIGATED TO LEVY OR PLEDGE ANY FORM OF TAXATION OR FOR WHICH THE CITY HAS LEVIED OR PLEDGED ANY FORM OF TAXATION. NEITHER THE BONDS NOR THE OBLIGATION OF THE CITY TO MAKE INSTALLMENT
SALE PAYMENTS CONSTITUTES AN INDEBTEDNESS OF THE CITY, THE STATE OR ANY OF ITS POLITICAL SUBDIVISIONS OTHER THAN THE AUTHORITY WITHIN THE MEANING OF ANY CONSTITUTIONAL OR STATUTORY DEBT LIMITATION OR RESTRICTION.
THIS COVER PAGE CONTAINS CERTAIN INFORMATION FOR QUICK REFERENCE ONLY AND IS NOT A SUMMARY OF THE TRANSACTION. INVESTORS MUST READ THE ENTIRE LIMITED OFFERING MEMORANDUM TO OBTAIN INFORMATION ESSENTIAL TO THE MAKING OF AN INFORMED INVESTMENT DECISION.
THE BONDS WILL NOT BE REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, OR ANY STATE SECURITIES LAWS. THE BONDS ARE BEING OFFERED ONLY TO QUALIFIED INSTITUTIONAL BUYERS.
The Bonds are being offered when, as and if issued, subject to the approval as to their legality by Butler Snow LLP, Atlanta, Georgia, and Stradling Yocca Carlson & Rauth, A Professional Corporation, Newport Beach, California, as Co-Bond Counsel. Certain legal matters will also be passed on for the City and the Authority by Butler Snow LLP, Atlanta, Georgia, and Stradling Yocca Carlson & Rauth, A Professional Corporation, as Co-Disclosure Counsel, and by the City Attorney. Certain legal matters will be passed on for the Authority by Best Best & Krieger LLP, Riverside, California. Certain legal matters will be passed on for the Underwriter by its counsel, Nixon Peabody LLP, Los Angeles, California. It is anticipated that the Bonds will be available for delivery through the book-entry facilities of The Depository Trust Company on or about March 25, 2021 (see “APPENDIX E - THE BOOK-ENTRY SYSTEM” herein).
The date of the Limited Offering Memorandum: March 11, 2021
63 The Municipal Advisor
Willdan Financial Services, Temecula California, has served as municipal advisor (the “Municipal Advisor”) to the Authority in connection with the Bonds. The Municipal Advisor is not obligated to undertake, and has not undertaken to make, an independent verification or to assume responsibility for the accuracy, completeness or fairness of the information contained in this Limited Offering Memorandum.
The Municipal Advisor is an independent advisory firm and is not engaged in the business of underwriting, trading or distributing municipal or other public securities.
Continuing Disclosure
The Authority has determined that no financial or operating data concerning the Authority is material to any decision to purchase, hold or sell the Bonds and the Authority will not provide any such information.
The City will covenant for the benefit of the Owners and beneficial owners of the Bonds to provide certain financial information and operating data relating to the City and to provide notices of the occurrence of certain enumerated events.
Pursuant to a Continuing Disclosure Agreement, dated as of March 1, 2021 (the “Continuing Disclosure Agreement”), by and between the City and Willdan Financial Services, as dissemination agent, the City has covenanted for the benefit of the holders and beneficial owners of the Bonds to provide certain financial information and operating data relating to the City (the “Annual Report”) no later than March 31 of each year, commencing March 31, 2022, and to provide notices of the occurrence of certain enumerated events.
Notwithstanding the foregoing, the City will file its fiscal year 2019-20 audited financial statements on the Municipal Securities Rulemaking Board through the Electronic Municipal Marketplace Access (“EMMA”) website as soon as it is available. The Annual Report and the notices of enumerated events will be filed by the City or its dissemination agent on EMMA. The specific nature of the information to be contained in the Annual Report and the notice of material events is set forth in “APPENDIX C – FORM OF CONTINUING DISCLOSURE AGREEMENT” herein.
Prior Undertakings. During the past five years, the City has failed to timely file certain annual reports, notices of failure to file annual reports, and notices of rating changes required to be filed pursuant to several continuing disclosure agreements entered into by the City (the “Undertakings”).
The Undertakings require the City to file annually its audited financial statements and operating data (the “Annual Reports”), and certain listed material events. The Undertakings allow for the filing of unaudited financial reports, followed by the filing of audited financials, if the audited financial report is not available on the date of the filing deadline. As discussed under “CITY OF COMPTON—City Financial Statements and Internal Controls,” the City has not produced audited financial statements for Fiscal Years 2014-15 through 2016-17 and has no plans to produce audited financial statements for those years. As a result, the City filed only unaudited financial statements for Fiscal Years 2014-15, 2015-16 and 2016-17, on February 29, 2016, December 26, 2019 and December 26, 2019, respectively. Audited financial statements for Fiscal Years 2017-18 and 2018-19 were filed late on EMMA on January 9, 2020 and January 28, 2021, respectively. The City did not file any operating data as required by the respective Undertakings for its 16 (b) The City will prepare and file with the Trustee annually within six months after the close of each Fiscal Year or, if not then available, as soon thereafter as possible, audited financial statements of the City for the preceding Fiscal Year.
Section 5.08 Protection of Security and Rights of the Authority and the Trustee; Insurer. The City will preserve and protect the security hereof and the rights of the Authority and the Trustee to the 2021 Installment Sale Payments hereunder and will warrant and defend such rights against all claims and demands of all persons. The City further agrees to comply with the provisions of the Indenture applicable to it, including any provisions for the benefit of the Insurer.
Section 5.09 Further Assurances . The City will adopt, deliver, execute, and make any and all further assurances, instruments, and resolutions as may be reasonably necessary or proper to carry out the intention or to facilitate the performance hereof and for the better assuring and confirming unto the Authority of the rights and benefits provided to it herein.
Section 5.10 Continuing Disclosure . The City hereby covenants and agrees that it will enter into and comply with and carry out all of the provisions of the Continuing Disclosure Agreement. Notwithstanding any other provision of this 2021 Installment Sale Agreement, failure of the City to comply with the Continuing Disclosure Agreement shall not be considered an Event of Default hereunder; however, the Trustee shall, at the written request of any Participating Underwriter (as defined in the Continuing Disclosure Agreement) or the Owner of at least 25% aggregate principal amount in Outstanding Bonds, or any Owner or Beneficial Owner may take such actions as may be necessary and appropriate, including seeking specific performance by court order, to cause the City to comply with its obligations under this Section.
For purposes of this Section, “Beneficial Owner” means any person which has the power, directly or indirectly, to vote or consent with respect to, or to dispose of ownership of, any Bonds (including persons holding Bonds through nominees, depositories or other intermediaries).
ARTICLE VI
EVENTS OF DEFAULT AND REMEDIES
Section 6.01 Events of Default and Acceleration of Principal . If one or more of the following “Events of Default” shall happen, that is to say -- (1) if default shall be made in the due and punctual payment of any 2021 Installment Sale Payment when and as the same shall become due and payable; (2) if default shall be made by the City in the performance of any of the agreements or covenants contained herein required to be performed by it, and such default shall have continued for a period of 30 days after the City shall have been given notice in writing of such default by the Authority or the Trustee; (3) if the City shall file a petition or answer seeking arrangement or reorganization under the federal bankruptcy laws or any other applicable law of the United States of America or any state therein, or if a court of competent jurisdiction shall approve a petition filed with or without the consent of the City seeking arrangement or reorganization under the federal bankruptcy laws or any other applicable law of the
CONTINUING DISCLOSURE AGREEMENT
by and between
SUCCESSOR AGENCY TO THE COMMUNITY REDEVELOPMENT AGENCY OF
THE CITY OF COMPTON
and
DIGITAL ASSURANCE CERTIFICATION, L.L.C.
relating to:
$59,200,000
SUCCESSOR AGENCY TO THE
COMMUNITY REDEVELOPMENT AGENCY
OF THE CITY OF COMPTON
TAX ALLOCATION REFUNDING BONDS,
SERIES 2022A
and
$16,620,000
SUCCESSOR AGENCY TO THE
COMMUNITY REDEVELOPMENT AGENCY
OF THE CITY OF COMPTON
TAX ALLOCATION REFUNDING BONDS (TAXABLE),
SERIES 2022B
Dated June 21, 2022
F-1
This CONTINUING DISCLOSURE AGREEMENT (this "Disclosure Agreement") dated June 21, 2022, is executed and delivered by the SUCCESSOR AGENCY TO THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF COMPTON, a public entity duly existing under the laws of the State of California (the "Successor Agency ") and DIGITAL ASSURANCE CERTIFICATION, L.L.C., a limited liability company duly organized and existing under the laws of the State of Florida, and any successor dissemination agent serving hereunder pursuant to Section 11 hereof (the "Dissemination Agent" or "DAC").
RECITALS:
A. Contemporaneously with the execution and delivery of this Disclosure Agreement, the Successor Agency issued and delivered those certain : ( a) $59,200,000 Tax Allocation Refunding Bonds, Series 2022A (the "Series 2022A Bonds") and (b) $16,620,000 Tax Allocation Refunding Bonds (Taxable), Series 2022B (the "Series 2022B Bonds" and together with the Series 2022A Bonds, the "Series 2022 Bonds") , pursuant to, among other things , the Indenture of Trust dated as of June 1, 2022, by and between the Successor Agency and U.S. Bank Trust Company, National Association, as trustee (the "Indenture").
B. The Series 2022 Bonds are special obligations of the Successor Agency and are payable, as to interest thereon, and principal thereof, exclusively from the Pledged Tax Revenues and certain other funds and the Successor Agency is not obligated to pay the Series 2022 Bonds except from the Pledged Tax Revenues and such other funds as provided in the Indenture.
C. The proceeds of the Series 2022A Bonds, together with certain additional funds made available by the Successor Agency, will be used for the purpose of: (a) refunding all of the Former Agency's outstanding (i) Compton Redevelopment Project Second Lien Tax Allocation Bonds (Housing), Series 2010A and (ii) Compton Redevelopment Project Second Lien Tax Allocation Bonds, Series 2010B; (b) paying a portion of the costs associated with a debt service reserve policy to be issued by Assured Guaranty Municipal Corp. (the "2022 Insurer") and deposited into the Reserve Account with respect to the Series 2022 Bonds (the "2022 Reserve Policy"), and (c) paying the costs of issuance related to the Series 2022A Bonds, i ncluding a portion of the costs associated with the insurance policy to be issued by the 2022 Insurer guaranteeing the scheduled payment of principal of and interest on all the Series 2022 Bonds when due (the "2022 Insurance Policy"). The proceeds of the Series 2022B Bonds, together with certain additional funds made available by the Successor Agency, will be used for the purpose of: (a) (i) defeasing all of the Former Agency's outstanding Compton Redevelopment Project Tax Allocation Capital Appreciation Bonds, Series 1995C (Taxable) and (ii) refunding all of the Former Agency's outstanding Compton Redevelopment Second Lien Tax Allocation Bonds (Taxable), Series 2010C; (b) paying a portion of the costs of the 2022 Reserve Policy, and (c) paying the costs of issuance related to the Series 2022B Bonds, including a portion of the costs associated with the 2022 Insurance Policy.
D. The Successor Agency has authorized the preparation and distribution of the Preliminary Official Statement dated May 13, 2022, with respect to the Series 2022 Bonds (the "Preliminary Official Statement") and, on or before the date of the Preliminary Official Statement, the Successor Agency deemed that the Preliminary Official Statement was final within the meaning of the Rule (as defined herein).
F-2
3 E. Upon the initial sale of the Series 2022 Bonds to the Participating Underwriter (as defined herein), the Successor Agency authorized the preparation and distribution of the Official Statement dated June 9, 2022, with respect to the Series 2022 Bonds (the "Official Statement").
F. As a condition precedent to the initial purchase of the Series 2022 Bonds by the Participating Underwriter in accordance with the terms of the Bond Purchase Agreement dated June 9, 2022, by and between the P articipating Underwriter and the Successor Agency , and in compliance with the Participating Underwriter's obligations under the Rule, the Successor Agency has agreed to undertake for the benefit of the holders of the Series 2022 Bonds, to provide certain annual financial information and notice of the occurrence of certain events as set forth herein and in the continuing disclosure undertakings of the Successor Agency.
NOW THEREFORE, in consideration of the purchase of the Series 2022 Bonds by the Participating Underwriter and the mutual promises and agreements made herein, the receipt and sufficiency of which consideration is hereby mutually acknowledged, the Successor Agency and the Dissemination Agent do hereby certify and agree as follows:
Section 1.
Incorporation of Recitals . The above recitals are true and correct and are incorporated into and made a part hereof.
Section 2. D efinitions.
(a) For the purposes of this Disclosure Agreement, all capitalized terms used, but not otherwise defined herein shall have the meanings ascribed thereto in the Indenture and the Official Statement, as applicable.
(b) In addition to the terms defined elsewhere herein, the following terms shall have the following meanings for the purposes of this Disclosure Agreement:
"Actual Knowledge" as used herein, and for the purposes hereof, a party shall be deemed to have "actual knowledge" of the occurrence of any event only if and to the extent the individual or individuals employed by such party and directly responsible for the administration of this Disclosure Agreement on behalf of such party have actual knowledge of or receive written notice of the occurrence of such event.
"Annual Filing" means any annual report provided by the Successor Agency, pursuant to and as described in Sections 4 and 6 hereof.
"Annual Filing Date" means the date by which the Annual Filing is to be filed with the MSRB, which is not later than t he following June 30
th of each year commencing with June 30,
2022. If June 30th falls on a day that is not a Business Day, the Annual Filing will be due on the first Business Day thereafter.
"Annual Financial Information" means annual financial informat ion as such term is used in paragraph (f)(9) of the Rule and specified in Section 6(a) hereof. "Beneficial Owner" means any beneficial owner of the Series 2022 Bonds. Beneficial ownership is to be determined consistent with the definition thereof contained in Rule 13d-3 of the SEC, or, in the event such provisions do not adequately address the situation at hand (in the opinion F-3
4 of nationally recognized bond counsel), beneficial ownership is to be determined based upon ownership for federal income tax purposes.
"Business Day" means a day other than: (a) Saturday or a Sunday, (b) a day on which banks are authorized or required by law to close, or (c) a day on which the Successor Agency is authorized or required to be closed.
"City" means the City of Compton, California.
"City Audited Financial Statements" means the financial statements (if any) of the City for the prior Fiscal Year, which will include the financial statements (if any) of the Successor Agency, certified by an independent auditor and prepared in accordance with generally accepted auditing standards and Government Auditing Principles issued by the Comptroller General of the United States.
"Disclosure Representative" means the Executive Director of the Successor A gency or his or her designee, or such other person as the Successor Agency shall designate in writing to the Dissemination Agent from time to time as the person responsible for providing Information to the Dissemination Agent.
"EMMA" means the Electronic Municipal Market Access system, a service of the MSRB, or any successor thereto.
"Filing" means, as applicable, any Annual Filing, Notice Event Filing, Voluntary Filing or any other notice or report made public under this Disclosure Agreement. "Fiscal Year" means the fiscal year of the Successor Agency , which currently is the twelve-month period beginning July 1 and ending on June 30 of the following year or any such other twelve-month period designated by the Successor Agency, from time to time, to be its fiscal year.
"Information" means the Annual Financial Information, City Audited Financial Statements (if any), the Notice Event Filings, and the Voluntary Filings. "MSRB" means the Municipal Securities Rulemaking Board established pursuant to Section 15B(b)(1) of the Securities Exchange Act of 1934, as amended. "Notice Event" means an event listed in Sections 5(a) and 5(b) hereof. "Notice Event Filing" shall have the meaning specified in Section 5(c) hereof. "Obligated Person" means the Successor Agency and any person who is either generally or through an enterprise, fund, or account of such person committed by contract or other arrangement to support payment of all, or part of the obligations on the Series 2022 Bonds (other than providers of municipal bond insurance, letters of credit, or other liquidity facilities). The Successor Agency confirms that as of the date hereof it is an Obligated Person with respect to the Series 2022 Bonds.
F-4
5 "Participating Underwriter" means, the original purchaser of the Seri es 2022 Bonds required to comply with the Rule in connection with the offering of the Series 2022 Bonds. "Repository" m eans each entity authorized and approved by the SEC from time to time to act as a repository for purposes of complying with the Rule. The repositories currently approved by the SEC as of the date hereof may be found by visiting the SEC's website at http://www.sec.gov/info/municipal/nrmsir.htm. As of the date hereof, the only Repository recognized by the SEC for such purpose is the MSRB, which currently accepts continuing disclosure filings through the EMMA website at http://emma.msrb.org. "Rule" means Rule 15c2-12 of the SEC promulgated pursuant to the Securities Exchange Act of 1934 in effect as of the date hereof.
"SEC" means the United States Securities and Exchange Commission. "Third-Party Beneficiary" shall have the meaning specified in Section 3(b) hereof. "Unaudited Financial Statements" means the financial statements (if any) of the City, which will include the financial statements (if any) of the Successor Agency, for the prior Fiscal Year which have not been certified by an independent auditor. "Voluntary Filing" means the information provided to the Dissemination Agent by the Successor Agency pursuant to Section 8 hereof.
Section 3. S cope of this Disclosure Agreement.
(a) The Successor Agency has agreed to enter into this Disclosure Agreement and undertake the disclosure obligations hereunder, at the request of the Participating Underwriter and as a condition precedent to the Participating Underwriter's original purchase of the Series 2022 Bonds, in order to assist the Participating Underwriter with compliance with the Rule. The disclosure obligations of the Successor Agency under this Disclosure Agreement relate solely to the Series 2022 Bonds. Such disclosure obligations are not applicable to any other securities issued or to be issued by the Successor Agency, nor to any other securities issued by or on behalf of the Successor Agency.
(b) Neither this Disclosure Agreement, nor the performance by the Successor Agency or the Dissemination Agent of their respective obligations hereunder, shall create any third -party beneficiary rights, shall be directly enforceable by any third-party, or shall constitute a basis for a claim by any person except as expressly provided herein and except as required by law, including, without limitation, the Rule; provided, however, the Participating Underwriter and each Beneficial Owner are hereby made third -party beneficiaries hereof (collec tively, and each respectively, a "Third-Party Beneficiary") and shall have the right to enforce the obligations of the parties hereunder pursuant to Section 9 hereof.
(c) This Disclosure Agreement shall terminate upon: (i) the defeasance, redemption or payment in full of all Series 2022 Bonds, in accordance with the Indenture, as amended, or (ii) the delivery of an opinion of counsel expert in federal securities laws retained by the Successor F-5
6 Agency to the effect that continuing disclosure is no longer required under the Rule as to the Series 2022 Bonds.
Section 4. A nnual Filings.
(a) The Successor Agency shall provide, annually, an electronic copy of the Annual Filing to the Dissemination Agent on or before the Annual Filing Date. Promptly upon receipt of an electronic copy of the Annual Filing, the Dissemination Agent shall provide the Annual Filing to the Repository, in an electronic format as prescribed by the MSRB. The Annual Filing may be submitted as a single document or as separate documents comprising a package, and may cross-reference other information as provided in Section 6 hereof. (b) I
f on the second (2 nd) Business Day prior to the Annual Filing Date, the Dissemination Agent has not received a copy of the Annual Filing, the Dissemination Agent shall contact the Disclosure Representative by telephone and in writing (which may be by email) to remind the Successor Agency of its undertaking to provide the Annual Filing pursuant to Section 4(a) hereof. Upon such reminder, the Disclosure Representative shall either (i) provide the Dissemination Agent with an electronic copy of the Annual Filing no later than 6:00 p.m. on the Annual Filing Date (or if such Annual Filing Date is not a Business Day, then the first Business Day thereafter), or (ii) instruct the Dissemination Agent in writing as to the status of the Annual Filing within the time required under this Disclosure Agreement, and state the date by which the Annual Filing for such year is expected to be provided. If the Dissemination Agent has not received either (i) the Annual Filing by 6:00 p.m. on the Annual Filing Date, or (ii) notice from the Successor Agency that it intends to deliver the Annual Filing to the Dissemination Agent by 11:59 p.m. on the Annual Filing Date, the Successor Agency hereby irrevocably directs the Dissemination Agent, and the Dissemination Agent agrees, to immediate ly send an Notice Event Filing to the Repository the following Business Day in substantially the form attached hereto as "Exhibit A" without reference to the anticipated filing date for the Annual Filing. (c) If the City Audited Financial Statements are not available prior to the Annual Filing Date, the Successor Agency shall provide the Unaudited Financial Statements and when the City Audited Financial Statements are available, provide in a timely manner an electronic copy to the Dissemination Agent for filing with the Repository.
(d) The Dissemination Agent shall:
(i) upon receipt and no later than the Annual Filing Date, promptly file each Annual Filing received under Section 4(a) hereof with the Repository in an electronic format as prescribed by the MSRB;
(ii) upon receipt and no later than the Annual Filing Date, promptly file each City Audited Financial Statement or Unaudited Financial Statement received under Sections 4(a) and 4(c) hereof with the Repository in an electronic format as prescribed by the MSRB;
(iii) provide the Successor Agency evidence of the filings of each of the above when made, which shall be made by means of the DAC system, for so long as DAC is the Dissemination Agent under this Disclosure Agreement.
F-6
7 (e) The Successor Agency may adjust the Annual Filing Date upon change of the Fiscal Year by providing written notice of such change and the new Annual Filing Date to the Dissemination Agent and the Repository, provided that the period between the existing Annual Filing Date and new Annual Filing Date shall not exceed one year. (f) Each Annual Filing shall contain the information set forth in Section 6 hereof.
Section 5. R
eporting of Notice Events.
(a) The Successor Agency or the Dissemination Agent shall file a Notice Event Filing with the Repository, in the appropriate format required by the MSRB and in a timely manner not in excess of ten (10) Business Days after it has actual knowledge of the occurrence of any of the following Notice Events with respect to the Series 2022 Bonds:
(i) Principal and interest payment delinquencies;
(ii) Non-payment related defaults, if material;
(iii) Unscheduled draws on debt service reserves reflecting financial difficulties; (iv) Unscheduled draws on credit enhancements reflecting financial difficulties; (v) Substitution of credit or liquidity providers or their failure to perform; (vi) Adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final determinations of taxability, Notices of Proposed Issue (IRS Form 5701-TEB) or other material notices or determinations with respect to the tax status of the Series 2022 Bonds, or other material events affecting the tax status of the Series 2022 Bonds;
(vii) Modifications to rights of holders, if material;
(viii) Bond calls, if material, and tender offers;
(ix) Defeasances;
(x) Release, substitution or sale of property securing repayment of the Series 2022 Bonds, if material;
(xi) Rating changes;
(xii) Bankruptcy, insolvency, receivership or similar event of the Obligated Person. Such an event is considered to occur when there is an appointment of a receiver, fiscal agent or similar officer for an Obligated Person in a proceeding under the U.S.
Bankruptcy Code or in any other proceeding under state or federal law in which a court or governmental authority has assumed jurisdiction over substantially all of the assets or business of the Obligated Person, or if such jurisdiction has been assumed by le aving the existing governing body and officials or officers in possession but subject to the supervision and orders of a court or governmental authority, or the entry of an order confirming a plan of reorganization, arrangement or liquidation by a court or governmental F-7
8 authority having supervision or jurisdiction over substantially all of the assets or business of the Obligated Person;
(xiii) The consummation of a merger, consolidation, or acquisition involving an Obligated Person or the sale of all or substantially all of the assets of an Obligated Person, other than in the ordinary course of business, the entry into a definitive agreement to undertake such an action or the termination of a definitive agreement relating to any such actions, other than pursuant to its terms, if material; (xiv) Appointment of a successor or additional trustee or the change of name of a trustee, if material;
(xv) Incurrence of a financial obligation of the obligated person, if material, or agreement to covenants, events of default, remedies, priority rights, or other similar terms of a financial obligation of the obligated person, any of which affect security holders, if material; or
(xvi) Default, event of acceleration, termination event, modification of terms, or other similar events under the terms of a financial obligation of the obligated person, any of which reflect financial difficulties.
(b) In accordance w ith the Rule, the Successor Agency or the Dissemination Agent shall file a Notice Event Filing with the Repository, in the appropriate format required by the MSRB and in a timely manner, after the occurrence of a failure of the Successor Agency to provide the Annual Filing on or before the Annual Filing Date.
(c) The Successor Agency shall promptly notify the Dissemination Agent in writing upon having Actual Knowledge of the occurrence of a Notice Event; provided, however, to the extent any such Notice Event has been previously and properly disclosed by or on behalf of the Successor Agency, the Successor Agency shall not be required to provide additional notice of such Notice Event in accordance with this subsection. Such notice shall instruct the Dissemination Agent to report the occurrence pursuant to Section 5(e) hereof. Such notice shall be accompanied with the text of the disclosure that the Successor Agency desires to make (each a "Notice Event Filing"), the written authorization of the Successor Agen cy for the Dissemination Agent to disseminate such information, and the date on which the Successor Agency desires the Dissemination Agent to disseminate the information.
The Dissemination Agent is under no obligation to notify the Successor Agency or the Disclosure Representative of an event that may constitute a Notice Event. In the event the Dissemination Agent so notifies the Disclosure Representative, the Disclosure Representative will instruct the Dissemination Agent that (i) a Notice Event has not occurred and no filing is to be made, or (ii) a Notice Event has occurred and provide the Dissemination Agent with the Notice Event Filing and the date the Dissemination Agent should file the Notice Event Filing. (d) The Dissemination Agent shall upon receipt, and no later than the required filing date, promptly file each Notice Event Filing received under Sections 5(a) and 5(b) hereof, with the Repository in an electronic format as prescribed by the MSRB.
F-8
9 Section 6. Content of Annual Filings.
(a) Each Annual Filing shall contain the following annual financial information, consisting of, to the extent not included in the City Audited Financial Statements and to the extent all such information continues to be available and/or prepared by the Successor Agency and/or its consultants, updates of the following information set forth in the Official Statement:
(i) the chart entitled " PROJECT AREA Historic Assessed Valuation Fiscal Years 2017-18 through 2021- 22" under the heading "PROJECT AREA – Assessed Value;"
(ii) the chart entitled "Project Area Land Use Categories by Assessed Value Project Area" under the heading "PROJECT AREA – Land Use;"
(iii) the chart entitled "Project Area Top Ten Taxpayers for Fiscal Year 2021-22" under the heading "Project Area – Top Ten Property Owners (by Assessed Value);" (iv) the chart entitled "Project Area Collection Percentages Fiscal Years 2016 -17 to 2020-21" under the heading "TAX REVENUES AND DEBT SERVICE COVERAGE – Allocation of Taxes;" and
(v) the chart entitled "Project Area RPTTF Allocation F or ROPS Period s Starting January 2016 t hrough June 2021" under the heading "TAX REVENUES AND DEBT SERVICE COVERAGE – Historical RPTTF Allocations."
To the extent the Successor Agency determines that any of the foregoing charts include information that is no longer available and/or prepared by the Successor Agency and/or its consultants, a statement to that effect shall be included in its first Annual Filing after it has made such a determination; which statement will satisfy th e requirements of this undertaking, all in compliance with the Rule. In addition, the Successor Agency reserves the right to modify from time to time the specific types of information provided or the format of the presentation of such information, to the extent necessary or appropriate in the judgment of the Successor Agency , all in compliance with the Rule.
(b) If available at the time of such filing, the City Audited Financial Statements for the prior Fiscal Year. If the City Audited Financial Statements are not available by the time the Annual Filing is required to be filed pursuant to Section 4(a) hereof, the Annual Filing shall contain Unaudited Financial Statements prepared in accordance with generally accepted accounting principles, as in effect from time to time, and the City Audited Financial Statements shall be filed in the same manner as the Annual Filing when they become available. The City Audited Financial Statements (if any) will be provided pursuant to Section 4(c) hereof.
Any or all of the items listed above may be included by specific reference to documents previously filed with the Repository or the SEC, including, but not limited to, official statements of debt issues with respect to which the Successor Agency is an Obligated Person. If the document F-9
10 incorporated by reference is a final official statement, it must be available from the Repository.
The Successor Agency will clearly identify each such document so incorporated by reference.
Section 7. R esponsibility for Content of Reports and Notices. (a) The Successor Agency shall be solely responsible for the content of each Filing (or any portion thereof) provided to the Dissemination Agent pursuant to this Disclosure Agreement. (b) E ach Filing distributed by the Dissemination Agent pursuant to Section 4 or 5 hereof shall be in a form suitable for distributing publicly and shall contain the CUSIP numbers of the Series 2022 Bonds and such other identifying information prescribed by the MSRB from time to time. Each Notice Event Filing shall be in substantially the form set forth in Exhibit "A " attached hereto. If an item of information contained in any Filing pursuant to this Disclosure Agreement would be misleading without additional information, the Successor Agency shall include such additional information as a part of such Filing as may be necessary in order that the Filing will not be misleading in light of the circumstances under which it is made. (c) A
ny report, notice or other filing to be made public pursuant to this Disclosure Agreement may consist of a single document or separate documents composing a package and may incorporate by reference other clearly identified documents or specified portions thereof previously filed with the Repository or the SEC; provided that any final official statement incorporated by reference must be available from the Repository. (d) Notwithstanding any provision herein to the contrary, nothing in this Disclosure Agreement shall be construed to req uire the Successor Agency or the Dissemination Agent to interpret or provide an opinion concerning information made public pursuant to this Disclosure Agreement.
(e) Notwithstanding any provision herein to the contrary, the Successor Agency shall not make public, or direct the Dissemination Agent to make public, information which is not permitted to be publicly disclosed under any applicable data confidentiality or privacy law or other legal requirement.
Section 8. V
oluntary Filings.
(a) The Successor Agency may instruct the Dissemination Agent to file information with the Repository, from time to time (a "Voluntary Filing"). (b) Nothing in this Disclosure Agreement shall be deemed to prevent the Successor Agency from disseminating any other information through the Dissemination Agent using the means of dissemination set forth in this Disclosure Agreement or including any other information in any Filing, in addition to that required by this Disclosure Agreement. If the Successor Agency chooses to include any information in any Filing in addition to that which is specifically required by this Disclosure Agreement, the Successor Agency shall have no obligation under this Disclosure Agreement to update such information or include it in any future Annual Filing, Annual Financial Statement, Voluntary Filing or Notice Event Filing.
F-10
11 (c) Notwithstanding the foregoing provisions of this Section 8, the Successor Agency is under no obligation to provide any Voluntary Filing. (d) The Dissemination Agent shall upon rece ipt promptly file each Voluntary Filing received with the Repository in an electronic format as prescribed by the MSRB.
Section 9. D efaults; Remedies.
(a) A party shall be in default of its obligations hereunder if it fails or refuses to carry out or perf orm its obligations hereunder for a period of five Business Days following notice of default given in writing to such party by any other party hereto or by any Third Party Beneficiary hereof, unless such default is cured within such five Business Day notice period. An extension of such five Business Day cure period may be granted for good cause (in the reasonable judgment of the party granting the extension) by written notice from the party who gave the default notice. (b) If a default occurs and continues beyond the cure period specified above, any nondefaulting party or any Third- Party Beneficiary may seek specific performance of the defaulting party's obligations hereunder as the sole and exclusive remedy available upon any such default, excepting, however, that the party seeking such specific performance may recover from the defaulting party any reasonable attorneys' fees and expenses incurred in the course of enforcing this Disclosure Agreement as a consequence of such default. Each of the parties hereby acknowledges that monetary damages will not be an adequate remedy at law for any default hereunder, and therefore agrees that the exclusive remedy of specific performance shall be available in proceedings to enforce this Disclosure Agreement. (c) Notwithstanding any provision of this Disclosure Agreement or the Indenture to the contrary, no default under this Disclosure Agreement shall constitute a default or event of default under the Indenture.
Section 10. A
mendment or Modification.
(a) This Disclosure Agreement shall not be amended or modified except as provided in this Section. No modification, amendment, alteration or termination of all or any part of this Disclosure Agreement shall be construed to be, or operate as, altering or amending in any way the provisions of the Indenture.
(b) Notwithstanding any other provision of this Disclosure Agreement, the Successor Agency may amend this Disclosure Agreement and any provision of this Disclosure Agreement may be waived, if: (i) such amendment or waiver is made in connection with a change in circumstances that arises from a change in legal requirements, change in law, or change in the identity, nature, or status of the obligor on the Series 2022 Bonds, or type of business conducted by such obligor; (ii) such amendment or waiver does not materially impair the interests of the Beneficial Owners of the Series 2022 Bonds, as determined either by an unqualified opinion of counsel expert in federal securities laws retained by the Successor Agency or by the approving vote a majority of the Beneficial Owners of the Series 2022 Bonds outstanding at the time of such amendment or waiver; and (iii) such amendment or waiver is supported by an opinion of counsel expert in federal securities laws retained by the Successor Agency, to the effect that such amendment or waiver would not, in and of itself, cause the undertakings herein to violate the Rule F-11
12 if such amendment or waiver had been effective on the date hereof but taking into account any subsequent change in or official interpretation of the Rule, as well as any change in circumstances. (c) If any provision of Section 6 hereof is amended or waived, the first Annual Filing containing any amended, or omitting any waived, operating data or financial information shall explain, in narrative form, the reasons for the amendment or waiver and the impact of the change in the type of operating data or financial information being provided. (d) If the provisions of this Disclosure Agreement specifying the accounting principles to be followed in preparing the Successor Agency's financial statements are amended or waived, the Annual Filing for the year in which the change is made shall present a comparison between the financial statements or information prepared on the basis of the new accounting principles and those prepared on the basis of the former accounting principles. The comparison shall include a qualitative discussion of the differences in the accounting principles and the impact of the change in the accounting principles on the presentation of the financial information, in order to provide information to the Beneficial Owners of the Series 2022 Bonds to enable them to evaluate the ability of the Successor Agency to meet its obligations. To the extent reasonab ly feasible, the comparison shall also be quantitative. The Successor Agency will file a notice of the change in the accounting principles with the Repository on or before the effective date of any such amendment or waiver.
(e) Notwithstanding the foregoing, the Dissemination Agent shall not be obligated to agree to any amendment expanding its duties or obligations hereunder without its consent thereto. (f) The Successor Agency shall prepare or cause to be prepared a notice of any such amendment or modification and shall direct the Dissemination Agent to make such notice public in accordance with Section 8 hereof.
Section 11.
Agency Relationship.
(a) The Dissemination Agent agrees to perform such duties, but only such duties, as are specifically set forth in this Disclosure Agreement, and no implied duties or obligations of any kind shall be read into this Disclosure Agreement with respect to the Dissemination Agent. The Dissemination Agent may conclusively rely, as to the truth, accuracy and completeness of the statements set forth therein, upon all notices, reports, certificates or other materials furnished to the Dissemination Agent pursuant to this Disclosure Agreement, and in the case of notices and reports required to be furnished to the Dissemination Agent pursuant to this Disclosure Agreement, the Dissemination Agent shall have no duty whatsoever to examine the same to determine whether they conform to the requirements of this Disclosure Agreement. (b) The Dissemination Agent shall not be liable for any error of judgment made in good faith by a responsible officer or officers of the Dissemination Agent unless it shall be proven that the Dissemination Agent engaged in negligent conduct or willful misconduct in ascertaining the pertinent facts related thereto.
(c) The Dissemination Agent shall perform its rights and duties under this Disclosure Agreement using the same standard of care as a prudent person would exercise under the circumstances, and the Dissemination Agent shall not be liable for any acti on taken or failure to F-12
13 act in good faith under this Disclosure Agreement unless it shall be proven that the Dissemination Agent was negligent or engaged in willful misconduct.
(d) The Dissemination Agent may perform any of its duties hereunder by or through attorneys or agents selected by it with reasonable care, and shall be entitled to the advice of counsel concerning all matters arising hereunder, and may in all cases pay such reasonable compensation as it may deem proper to all such attorneys and agents. The Dissemination Agent shall be responsible for the acts or negligence of any such attorneys, agents or counsel. (e) The Dissemination Agent shall not be deemed to be acting in any fiduciary capacity for the Successor Agency, the holders of the Series 2022 Bonds or any other party. (f) None of the provisions of this Disclosure Agreement or any notice or other document delivered in connection herewith shall require the Disseminat ion Agent to advance, expend or risk its own funds or otherwise incur financial liability in the performance of any of the Dissemination Agent's duties or rights under this Disclosure Agreement. (g) Except as expressly provided herein, the Dissemination Agent shall not be required to monitor the compliance of the Successor Agency with the provisions of this Disclosure Agreement or to exercise any remedy, institute a suit or take any action of any kind without indemnification satisfactory to the Dissemination Agent. (h) The Dissemination Agent may resign at any time by giving at least ninety (90) days prior written notice thereof to the Successor Agency. The Dissemination Agent may be removed for good cause at any time by written notice to the Dissemination Agent from the Successor Agency, provided that such removal shall not become effective until a successor dissemination agent has been appointed by the Successor Agency under this Disclosure Agreement. (i) In the event the Dissemination Agent shall resign, be removed or become incapable of acting, or if a vacancy shall occur in the office of the Dissemination Agent for any reason, the Successor Agency shall promptly appoint a successor. Notwithstanding any provision to the contrary in this Disclosure Agreement or elsewhere, the Successor Agency may appoint itself to serve as Dissemination Agent hereunder.
(j) Any company or other legal entity into which the Dissemination Agent may be merged or converted or with which it may be consolidated or any company resulting from any merger, conversion or consolidation to which the Dissemination Agent may be a party or any company to whom the Dissemination Agent may sell or transfer all or substantially all of its agency business shall be the successor dissemination agent hereunder without the execution or filing of any paper or the performance of any further act and shall be authorized to perform all rights and duties imposed upon the Dissemination Agent by this Disclosure Agreement, anything herein to the contrary notwithstanding.
Section 12. Mi
scellaneous.
(a) Each of the parties hereto represents and warrants to each other party that it has (i) duly authorized the execution and delivery of this Disclosure Agreement by the officers of such party whose signatures appear on the execution pages hereto, (ii) that it has all requisite power and F-13
14 authority to execute, deliver and perform this Disclosure Agreement under applicable law and any resolutions, ordinances, or other actions of such party now in effect, (iii) that the execution and delivery of this Disclosure Agreement, and performance of the terms hereof, does not and will not violate any law, regulation, ruling, decision, order, indenture, decree, agreement or instrument by which such party or its property or assets is bound, and (iv) such party is not aware of any litigation or proceeding pending, or, to the best of such party's knowledge, threatened, contesting or questioning its existence, or its power and authority to enter into this Disclosure Agreement, or its due authorization, execution and delivery of this Disclosure Agreement, or otherwise contesting or questioning the issuance of the Series 2022 Bonds.
(b) This Disclosure Agreement shall be governed by and interpreted in accordance with the laws of the State of California and applicable federal law. (c) This Disclosure Agreement may be executed in one or more counterparts, each and all of which shall constitute one and the same instrument.
Section 13. I
dentifying Information. All documents provided to the Repository pursuant to this Disclosure Agreement shall be accompanied by identifying information as prescribed by the MSRB.
Section 14. S
everability. In case any part of this Disclosure Agreement is held to be illegal or invalid, such illegality or invalidity shall not affect the remainder or any other section of this Disclosure Agreement. This Disclosure Agreement shall be construed or enforced as if such illegal or invalid portion were not contained therein, nor shall s uch illegality or invalidity of any application of this Disclosure Agreement affect any legal and valid application. [SIGNATURE PAGES TO FOLLOW]
F-14
SIGNATURE PAGE TO
CONTINUING DISCLOSURE AGREEMENT
SUCCESSOR AGENCY TO THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF COMPTON TAX ALLOCATION REFUNDING BONDS, SERIES 2022A
SUCCESSOR AGENCY TO THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF COMPTON TAX ALLOCATION REFUNDING BONDS (TAXABLE), SERIES 2022B
IN WITNESS WHEREOF , the Successor Agency and the Dissemination Agent have each caused this Disclosure Agreement to be executed, on the date first written above, by their respective duly authorized officers.
SUCCESSOR AGENCY TO THE COMMUNITY
REDEVELOPMENT AGENCY OF THE CITY OF
COMPTON, a public entity duly existing under the
laws of the State of California
By:
Name: Thomas Thomas
Title: Executive Director
APPROVED AS TO FORM:
COUNSEL TO THE SUCCESSOR
AGENCY TO THE COMMUNITY
REDEVELOPMENT AGENCY OF THE
CITY OF COMPTON
By: ______________________________
Name: Eric Perrodin
Title: City Attorney
[SIGNATURES CONTINUED ON FOLLOWING PAGE]
F-15
SIGNATURE PAGE TO
CONTINUING DISCLOSURE AGREEMENT
SUCCESSOR AGENCY TO THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF COMPTON TAX ALLOCATION REFUNDING BONDS, SERIES 2022A
SUCCESSOR AGENCY TO THE COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF COMPTON TAX ALLOCATION REFUNDING BONDS (TAXABLE), SERIES 2022B
IN WITNESS WHEREOF , the Successor Agency and the Dissemination Agent have each caused this Disclosure Agreement to be executed, on the date first written above, by their respective duly authorized officers.
DIGITAL ASSURANCE CERTIFICATION, L.L.C.,
as Dissemination Agent
By:
Name:
Title:
F-16
A-1
EXHIBIT A
NOTICE TO REPOSITORY OF THE OCCURRENCE OF
[INSERT THE NOTICE EVENT]
Relating to
$59,200,000
SUCCESSOR AGENCY TO THE
COMMUNITY REDEVELOPMENT AGENCY
OF THE CITY OF COMPTON
TAX ALLOCATION REFUNDING BONDS, SERIES 2022A
and
$16,620,000
SUCCESSOR AGENCY TO THE
COMMUNITY REDEVELOPMENT AGENCY
OF THE CITY OF COMPTON
TAX ALLOCATION REFUNDING BONDS (TAXABLE), SERIES 2022B
Originally Issued on June 21, 2022
[**CUSIP NUMBERS**)]
Notice is hereby given by the Successor Agency to the Community Redevelopment Agency of the City of Compton (the "Successor Agency"), as obligated person with respect to the above-referenced bonds issued by the Successor Agency , under the Securities and Exchange Commission's Rule 15c2- 12, that [**INSERT THE NOTICE EVENT**] has occurred. [**DESCRIBE NOTICE EVENT AND MATERIAL CIRCUMSTANCES RELATED THERETO**].
This Notice is based on the best information available to the Successor Agency at the time of dissemination hereof and is not guaranteed by the Successor Agency as to the accuracy or completeness of such information. The Successor Agency will disseminate additional information concerning [**NOTICE EVENT**] , as and when such information becomes available to the Successor Agency, to the extent that the dissemination of such information would be consistent with the requirements of Rule 15c2 -12 and the Successor Agency's obligation under that certain Continuing Disclosure Agreement dated June 21, 2022. [**Any questions regarding this notice should be directed in writing only to the Successor Agency. However, the Successor Agency will not provide additional information or answer questions concerning [**NOTICE EVENT**] except in future written notices, if any, disseminated by the Successor Agency in the same manner and to the same recipients as this Notice**].
F-17
A-2
DISCLAIMER: All information contained in this Notice has been obtained by the Successor Agency from sources believed to be reliable as of the date hereof. Due to the possibility of human or mechanical error as well as other factors, however, such information is not guaranteed as to the accuracy, timeliness or completeness. Under no circumstances shall the Successor Agency have any liability to any person or entity for (a) any loss, damage, cost, liability or expense in whole or in part caused by, resulting from or relating to this Notice, including, without limitation, any error (negligent or otherwise) or other circumstances involved in procuring, collecting, compiling, interpreting, analyzi ng, editing, transcribing, transmitting, communicating or delivering any information contained in this Notice, or (b) any direct, indirect, special, consequential or incidental damages whatsoever related thereto.
Dated: _____________________
SUCCESSOR AGENCY TO THE
COMMUNITY REDEVELOPMENT AGENCY
OF THE CITY OF COMPTON
By:
Name:
Title:
F-18
NEW ISSUE—FULL BOOK-ENTRY RATING: Standard & Poor’s: “A” (See “Ratings” herein.)
In the opinion of Orrick, Herrington & Sutcliffe LLP, Bond Counsel to the City, based upon an analysis of existing laws, regulations, rulings and court decisions, and assuming, among other matters, the accuracy of certain representations and compliance with certain covenants, interest on the Series 2009 Bonds is excluded from gross income for federal income tax purposes under Section 103 of the Internal Revenue Code of 1986 and is exempt from State of California personal income taxes. In the further opinion of Bond Counsel, interest on the Series 2009 Bonds is not a specific preference item for purposes of the federal individual or corporate alternative minimum taxes, nor is it included in adjusted current earnings when calculating corporate alternative minimum taxable income. Bond Counsel expresses no opinion regarding any other tax consequences related to the ownership or disposition of, or the accrual or receipt of interest on, the Series 2009 Bonds. See “TAX MATTERS” within.
$44,040,000
CITY OF COMPTON, CALIFORNIA
(Los Angeles County, California)
Water Revenue Bonds, Series 2009
Dated: Date of Delivery Due: August 1, as shown on the inside front cover This cover page contains certain information for reference only. It is not a summary of this issue.
Investors must read the entire Official Statement to obtain information essential to the making of an informed investment decision.
The City of Compton, California Water Revenue Bonds, Series 2009 (the “Series 2009 Bonds”) are being issued to provide funds to: (i) pay for certain capital costs of the City’s Water System, (ii) provide for the deposit to the Parity Reserve Fund for the Series 2009 Bonds, (iii) pay the costs of issuing the Series 2009 Bonds, and (iv) pay interest on the Series 2009 Bonds through February 1, 2011, as more fully described herein.
The Series 2009 Bonds will be payable as to interest on February 1 and August 1 of each year, commencing February 1, 2010. The Series 2009 Bonds will be issued in book-entry form only, and will be initially issued and registered in the name of Cede & Co., as nominee of The Depository Trust Company, New York, New York (“DTC”), which will act as securities depository for the Series 2009 Bonds. Purchasers will not receive certificates representing their interests in the Series 2009 Bonds. Payments of principal of and interest on the Series 2009 Bonds will be made by U.S. Bank National Association, Seattle, Washington, as Trustee, to DTC for subsequent disbursement to DTC Participants who will remit such payments to the beneficial owners of the Series 2009 Bonds. See APPENDIX G - “BOOK-ENTRY SYSTEM” herein.
The Series 2009 Bonds are subject to redemption prior to maturity as described herein. See “THE BONDS — Redemption” herein.
Principal of, redemption premium, if any, and interest on the Series 2009 Bonds are secured by a pledge of Net Revenues, primarily consisting of charges, income and receipts derived by the City from the ownership and operation of the Water System, after deducting maintenance and operation costs of the Water System. See “PLAN OF FINANCE” herein. The City may in the future issue additional bonds and other indebtedness secured by and payable on a parity with the Series 2009 Bonds. See “SECURITY AND SOURCES OF PAYMENT FOR THE BONDS” herein.
THE SERIES 2009 BONDS DO NOT CONSTITUTE AN INDEBTEDNESS OF THE CITY WITHIN THE
MEANING OF ANY CONSTITUTIONAL OR STATUTORY DEBT LIMITATION OR RESTRICTION, AND THE
CITY IS NOT OBLIGATED TO LEVY ANY AD VALOREM TAXES THEREFOR OR TO USE ANY OTHER FUNDS
OF THE CITY OTHER THAN NET REVENUES TO PAY THE PRINCIPAL OF, REDEMPTION PREMIUM, IF ANY, AND INTEREST ON THE SERIES 2009 BONDS. NEITHER THE FAITH AND CREDIT NOR THE TAXING
POWER OF THE CITY IS PLEDGED TO THE PAYMENT OF THE PRINCIPAL, REDEMPTION PREMIUM, IF ANY, OR INTEREST ON THE SERIES 2009 BONDS.
The Series 2009 Bonds will be offered when, as and if issued by the City and received by the Underwriter, subject to the approval of validity by Orrick, Herrington & Sutcliffe LLP, Bond Counsel. Certain matters will be passed upon for the City by the City Attorney of the City of Compton and by Orrick, Herrington & Sutcliffe LLP, as Disclosure Counsel. The Series 2009 Bonds, in book-entry form, will be available for delivery through The Depository Trust Company in New York, New York on or about June 4, 2009.
Grigsby & Associates, Inc.
Dated: May 20, 2009.
20 Macias, Gini & O’Connell LLP has not consented to the inclusion of its report as Appendix C and has not undertaken to update its report or to take any action in tended or likely to elicit information concerning the accuracy, completeness or fairness of the statements ma de in this Official Statement, and no opinion is expressed by Macias, Gini & O’Connell LLP with respect to any event subsequent to its report dated April 20, 2009.
CONTINUING DISCLOSURE
The City has covenanted for the benefit of the holders and beneficial ow ners of the Series 2009 Bonds to provide certain financial information and operating data rela ting to the Sewer System by not later than nine months following the end of the C ity’s Fiscal Year (presently June 30) (the “Annual Report”), commencing with the report for Fiscal Year 2008-09, and to provide notices of the occurrence of certain enumerated events, if material. The Annua l Report will be filed by the City with the Municipal Securities Rulemaking Board or any other entity desi gnated or authorized by the SEC. Notices of material events will be filed by the City with th e Municipal Securities Rulemaking Board. The specific nature of the information to be contained in the An nual Report and the notices of material events is set forth in APPENDIX F: “PROPOSED FORM OF CONTINUING DISCLOSURE AGREEMENT” hereto.
These covenants have been made in order to assist th e Underwriter in complying with S.E.C. Rule 15c2- 12(b)(5).
In the past, the City has failed to timely file certain annual reports, notices of failure to file annual reports and notices of rating changes required to be filed by continuing disclosure agreements executed by the City. The City has corrected such failures and is now current with regard to such undertakings. The City expects to timely make all future filings as re quired under its continuing disclosure undertakings and has put a process in place to assure such compliance.
RATINGS
Standard & Poor’s, a division of the McGr aw-Hill Companies (“S&P”), has assigned its municipal bond rating of “A” to the Series 2009 Bonds. Certain information was supplied by the City to S&P to be considered in evaluating the Series 2009 Bonds. The rating expresses only the view of the rating agency and is not a recommendation to buy, se ll or hold the Series 2009 Bonds. An explanation of the significance of the rating may be obtained from Standard & Poor’s, a division of the McGraw-Hill Companies, Inc., 55 Water Street, New York, New Yo rk 10041. There is no assurance that such rating will continue for any given period of time or that it will not be reduced or withdrawn entirely by the rating agency, if in its judgment, circumstances so warrant. The City and the Trustee undertake no responsibility to oppose any such revision or withdraw al. Any such downward revision or withdrawal may have an adverse effect on the market price of the Series 2009 Bonds.
UNDERWRITING
The Series 2009 Bonds are being purchased pursuant to a purchase contract between the City and Grigsby & Associates, Inc. (the “Underwriter”). The Underwriter has agreed to purchase the Series 2009 Bonds at a price of $42,560,778.60 (which price is equal to the principal amount of the Series 2009 Bonds ($44,040,000.00), less an original issue discount of $1,038,821.40, less an underwriter’s discount of $440,400.00). The purchase contract provides that the Underwriter will purchase all of the Series 2009 Bonds if any are purchased. The obligation of the Underwriter to make such purchase is subject to certain terms and conditions set forth in the purchase contract.
The Underwriter may offer and sell the Series 2009 B onds to certain dealers and others at prices or yields below those stated on the inside cover page of this Official Statement. The initial offering prices or yields may be changed from time to time by the Underwriter.
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APPENDIX F
PROPOSED FORM OF CONTINUING DISCLOSURE AGREEMENT
This Continuing Disclosure Agreement (the “Discl osure Agreement”) is executed and delivered by the CITY OF COMPTON, California (the “City”), and U.S. BANK NATIONAL ASSOCIATION, as trustee (the “Trustee”) and as dissemination agent (t he “Dissemination Agent”) in connection with the execution and delivery of the City’s Water Revenue Bonds, Series 2009 (the “Bonds”). The Bonds are being executed and delivered pursuant to a Water Re venue Bond Indenture (the “Master Indenture”), as supplemented by a First Supplemental Water Reve nue Bond Indenture (the “First Supplemental Indenture” and, together with the Master Indenture, the “Indenture”), each dated as of June 1, 2009, by and between the City and the Trustee. The City, th e Trustee and the Dissemination Agent covenant and agree as follows:
SECTION 1. Purpose of the Disclosure Agreement . This Disclosure Agreement is being executed and delivered by the City , the Trustee and the Disseminati on Agent for the benefit of the Owners and Beneficial Owners of th e Bonds and in order to assist th e Participating Underwriters in complying with Securities and Exchange Commission (“S.E.C.”) Rule 15c2-12(b)(5).
SECTION 2. Definitions . In addition to the definitions set forth in the Indenture, which apply to any capitalized term used in this Disclosure Agre ement unless otherwise defined in this Section, the following capitalized terms shall have the following meanings:
“Annual Report” shall mean any Annual Report provided by the City pursuant to, and as described in, Sections 3 and 4 of this Disclosure Agreement. “Beneficial Owner” shall mean any person which h as or shares the power, directly or indirectly, to make investment decisions c oncerning the ownership of any Bonds (including persons holding Bonds through nominees, depositories or other intermediaries). “Disclosure Representative” shall mean the City Manager of the City, or such other officer or employee as the City shall designate in writing to the Trustee from time to time. “Dissemination Agent” shall mean the Trustee, or any successor Dissemination Agent which may be designated in writing by the City and which has filed with the Trustee a written acceptance of such designation.
“Listed Events” shall mean any of the events listed in Section 5(a) of this Disclosure Agreement. “Participating Underwriter” shall mean any of the original underwriters of the Bonds required to comply with the Rule in connection with offering of the Bonds. “Repository” shall mean the Municipal Secu rities Rulemaking Board or any other entity designated or authorized by the SEC to receive reports pursuant to the Rule. “Rule” shall mean Rule 15c2-12(b)(5) adopted by the Securities and Exchange Commission under the Securities Exchange Act of 1934, as the same may be amended from time to time. “State” shall mean the State of California.
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SECTION 3. Provision of Annual Reports .
(a) The City shall, or shall cause the Disseminati on Agent to, not later than nine months after the end of the City’s Fiscal Year (presently June 30), commencing with the report for the 2008-09 Fiscal Year, provide to each Repository an Annual Report which is consistent with the requirements of Section 4 of this Disclosure Agreement. The Annual Report must be submitted in electronic format, accompanied by such identifying information as is prescribed by the Repository, and may cross-reference other information as provided in Section 4 of this Disclos ure Agreement; provided that the audited financial statements of the City may be submitted separately from the balance of the Annual Report and later than the date required above for the filing of the Annual Report if they are not available by that date. If the City’s fiscal year changes, it shall give notice of su ch change in the same ma nner as for a Listed Event under Section 5.
(b) Not later than five (5) Business Days prior to such date, the City shall provide the Annual Report to the Dissemination Agent and the Trustee (if the Trustee is not the Dissemination Agent); provided, however, that the City may distribute th e Annual Report itself after providing written notice to the Trustee and the Dissemination Agent. If by su ch date, the Dissemination Agent has not received a copy of the Annual Report, the Dissemination Agent sha ll notify the City of such failure to receive the Annual Report. The City shall provide a written cer tification with each Annual Report furnished to the Dissemination Agent and the Trustee to the effect th at such Annual Report constitutes the Annual Report required to be furnished by it hereunder. The Dissemination Agent and the Trustee may conclusively rely upon such certification of the City and shall have no duty or obligation to review such Annual Report. (c) If the Dissemination Agent is unable to ve rify that an Annual Report has been provided by the date required in subsection (a), the Dissemin ation Agent shall send a notice to the Repository, in substantially the form attached as Exhibit A.
(d) The Dissemination Agent shall:
(i) determine each year prior to the date for providing the Annual Report the name and address of each National Repository and the State Repository, if any; and (ii) to the extent the City has provided the Annual Report to the Dissemination Agent, file a report with the City and (if the Di ssemination Agent is not the Trustee) the Trustee certifying that the Annual Report has been prov ided pursuant to this Disclosure Agreement, stating the date it was provided.
SECTION 4. Content of Annual Reports . The City’s Annual Report shall contain or include by reference the following:
1. The City’s Comprehensive Annual Financia l Report, including the audited financial statements for the prior Fiscal Year, which audited fi nancial statements shall be prepared in accordance with generally accepted accounting principles as promulgated to apply to governmental entities from time to time by the Governmental Accounting Standards Boar d. If the City’s audited financial statements are not available by the time the Annual Report is require d to be filed pursuant to Section 3(a), the Annual Report shall contain unaudited financ ial statements in a format similar to the financial statements contained in the final Official Statement, and the aud ited financial statements shall be filed in the same manner as the Annual Report when they become available.
2. Any or all of the items listed above ma y be included by specific reference to other documents, including the City’s Comp rehensive Annual Financial Report, official statements of debt
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issues of the City or related public entities, which ha ve been filed with the Repository. If the document included by reference is a final official statement, it must be available from the Repository. The City shall clearly identify each such other document so included by reference.
SECTION 5. Reporting of Significant Events .
(a) Pursuant to the provisions of this Section 5, the City shall give, or cause to be given, notice of the occurrence of any of the following events with respect to the Bonds, if material:
1. principal and interest payment delinquencies;
2. non-payment related defaults;
3. modifications to rights of Bondholders;
4. optional, contingent or unscheduled bond calls;
5. defeasances;
6. rating changes;
7. adverse tax opinions or events adversely affecting the tax-exempt status of the Bonds;
8. unscheduled draws on the debt service reserves reflecting financial difficulties;
9. unscheduled draws on credit enhancements reflecting financial difficulties;
10. substitution of credit or liquidity providers or their failure to perform;
11. release, substitution or sale of property securing repayment of the Bonds. (b) The Trustee shall, promptly upon obtaining actual knowledge of the occurrence of any of the Listed Events (with no obligation to determin e the materiality thereof), contact the Disclosure Representative, inform such person of the event, and re quest that the City promptly notify the Trustee in writing whether or not to report the event pursuant to subsection (f); provided that, failure by the Trustee to so notify the Disclosure Representative and make such request shall not relieve the City of its duty to report Listed Events as required by this Section 5. For the purpose of this Disclosure Agreement “actual knowledge” means actual knowledge at the corporate trus t office of the Trustee by an officer of the Trustee with responsibility for matters related to the ad ministration of the Indenture. Whenever the City obtains knowledge of the occurrence of a Listed Ev ent, the City shall as soon as possible determine if such event would be material under applicable federal securities laws. (c) Whenever the City obtains knowledge of the occurrence of a Listed Event, whether because of a notice from the Trustee pursuant to subsection (b) or otherwise, the City shall within five (5) Business Days determine if such event would be material under applicable federal securities laws. (d) If the City has determined that knowledge of the occurrence of a Listed Event would be material under applicable federal s ecurities laws, the City shall promp tly notify the Dissemination Agent in writing. Such notice shall instruct the Disse mination Agent to report the occurrence pursuant to subsection (f).
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(e) If in response to a request under subsection (b), the City determines that the Listed Event would not be material under applicable federal securi ties laws, the City shall so notify the Dissemination Agent in writing and instruct the Dissemination Agent not to report the occurrence. (f) If the Dissemination Agent has b een instructed by the City to report the occurrence of a Listed Event, the Trustee shall promptly file a notice of such occurrence each National Repository or with the Repository. Notwithstanding the foregoing, notice of Listed Events described in subsections (a)(4) and (5) need not be given under this subsection any earlie r than the notice (if any) of the underlying event is given to Owners of affected Bonds pursuant to the Indenture. (g) The Trustee may conclusively rely on an opinion of counsel that the City’s instructions to the Dissemination Agent under this Section 5 comply with the requirements of the Rule.
SECTION 6. Termination of Reporting Obligation . Each party’s obligations under this Disclosure Agreement shall terminate (a) upon the lega l defeasance, prior redemption or payment in full of all of the Bonds or (b) if, in the opinion of nationa lly recognized bond counsel, the City ceases to be an “obligated person” (within the meaning of the Rule) with respect to the Bonds or the Bonds otherwise cease to be subject to the requirements of the Rule. If such termination occurs prior to the final maturity of the Bonds, the City shall give notice of such te rmination in the same manner as for a Listed Event under Section 5(c).
SECTION 7. Dissemination Agent . The City may, from time to time, appoint or engage a Dissemination Agent to assist it in carrying out its ob ligations under this Disclosure Agreement, and may discharge any such Agent, with or without appointing a successor Dissemination Agent. The Dissemination Agent may resign by providing thirty days written notice to the City. The Dissemination Agent shall not be responsible in any manner for the c ontent of any notice or report prepared by the City pursuant to this Disclosure Agreement. If at any ti me there is not any other designated Dissemination Agent, the Trustee shall be the Di ssemination Agent. The initial Dissemination Agent shall be U.S. Bank National Association
SECTION 8. Amendment; Waiver . Notwithstanding any other provision of this Disclosure Agreement, the City, the Trustee and the Dissemina tion Agent may amend this Disclosure Agreement, (and the Trustee and the Dissemination Agent shall ag ree to any amendment so requested by the City, provided such amendment does not impose any greater duti es, nor risk of liability, on the Trustee or the Dissemination Agent, as the case may be), and any provision of this Disclosure Agreement may be waived, provided that the following conditions are satisfied:
(a) If the amendment or waiver relates to the provisions of Sections 3(a), 4 or 5(a), it may only be made in connection with a change in ci rcumstances that arises from a change in legal requirements, change in law, or change in the identity, nature or status of an obligated person with respect to the Bonds, or the type of business conducted;
(b) The undertaking, as amended or taking into acc ount such waiver, would, in the opinion of nationally recognized bond counsel, have complied with the requirements of the Rule at the time of the original issuance of the Bonds, after taking into account any amendments or interpretations of the Rule, as well as any change in circumstances; and
(c) The amendment or waiver either (i) is a pproved by the Owners of the Bonds in the same manner as provided in the Indenture for amendments to the Indenture with the consent of Owners, or (ii) does not, in the opinion of nationally recognized bond co unsel, materially impair the interests of the Owners or Beneficial Owners of the Bonds.
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In the event of any amendment or waiver of a pr ovision of this Disclosure Agreement, the City shall describe such amendment in the next Annual Report, and shall include, as applicable, a narrative explanation of the reason for the amendment or waiv er and its impact on the type (or in the case of a change of accounting principles, on the presentation) of financial information or operating data being presented by the City. In addition, if the amendment re lates to the accounting principles to be followed in preparing financial statements, (i) notice of such cha nge shall be given in the same manner as for a Listed Event under Section 5(c), and (ii) the Annual Report for the year in which the change is made should present a comparison (in narrative form and also, if f easible, in quantitative form) between the financial statements as prepared on the basis of the new acc ounting principles and those pr epared on the basis of the former accounting principles.
SECTION 9. Additional Information . Nothing in this Disclosure Agreement shall be deemed to prevent the City from disseminating any other info rmation, using the means of dissemination set forth in this Disclosure Agreement or any other means of communication, or including any other information in any Annual Report or notice of occurrence of a Listed Ev ent, in addition to that which is required by this Disclosure Agreement. If the City chooses to include any information in any Annual Report or notice of occurrence of a Listed Event in addition to that wh ich is specifically required by this Disclosure Agreement, the City shall have no obligation under this Disclosure Agreement to update such information or include it in any future Annual Report or notice of occurrence of a Listed Event.
SECTION 10. Electronic Filing . Submission of Annual Reports and notices of Listed Events to DisclosureUSA.org or another “Central Post Offi ce” designated and accepted by the S.E.C. shall constitute compliance with the requirement of f iling such reports and notices with each National Repository and any State Repository hereunder.
SECTION 11. Default . In the event of a failure of the City, the Trustee or the Dissemination Agent to comply with any provision of this Disclosur e Agreement, any Owner or Beneficial Owner of the Bonds may take such actions as may be necessary and appropriate, including seeking mandate or specific performance by court order, to cause the City, the Trus tee or the Dissemination Agent to comply with its obligations under this Disclosure Agreement. A de fault under this Disclosure Agreement shall not be deemed an Event of Default under the Indenture, and the sole remedy under this Disclosure Agreement in the event of any failure of the City, the Trustee or the Dissemination Agent to comply with this Disclosure Agreement shall be an action to compel performance.
SECTION 12. Duties, Immunities and Liabiliti es of Trustee and Dissemination Agent . Article VIII of the Indenture is hereby made applicable to this Disclosure Agreement as if this Disclosure Agreement were (solely for this pur pose) contained in the Indenture. The Dissemination Agent shall be entitled to the protections and limitations from liab ility afforded to the Trustee thereunder. The Dissemination Agent and the Trustee shall have only such duties as are specifically set forth in this Disclosure Agreement, and the City, to the extent permitted by law, agrees to indemnify and save the Dissemination Agent, its officers, directors, employees and agents, harmless against any loss, expense and liabilities which it may incur arising out of or in th e exercise or performance of its powers and duties hereunder, including the costs and expenses (including attorneys fees) of defending against any claim of liability, but excluding liabilities due to the Disseminati on Agent’s or the Trustee’s negligence or willful misconduct. The Dissemination Agent shall be paid compensation by the City for its services provided hereunder in accordance with its schedule of fees as am ended from time to time and all expenses, legal fees and advances made or incurred by the Dissemin ation Agent in the performance of its duties hereunder. Any company succeeding to all or substa ntially all of the Dissemination Agent’s corporate trust business shall be the successor to the Dissemina tion Agent hereunder without the execution or filing of any paper or any further act. The obligations of th e City under this Section shall survive resignation or removal of the Dissemination Agent and payment of the Bonds.
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SECTION 13. Notices . Any notices or communications to or among any of the parties to this Disclosure Agreement may be given as follows:
To the City: City of Compton
205 South Willowbrook Avenue
Compton, CA 90220
Attention: City Manager and City Attorney
To the Trustee U.S. Bank National Association
and Dissemination 1420 5 th Avenue, 7th Floor
Agent: Seattle, WA 98101
Attention: Corporate Trust Services
Any person may, by written notice to the other pers ons listed above, designate a different address or telephone number(s) to which subsequent notices or communications should be sent.
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SECTION 14. Beneficiaries . This Disclosure Agreement shall inure solely to the benefit of the City, the Dissemination Agent, the Participating Un derwriters and Owners and Beneficial Owners from time to time of the Bonds, and shall create no rights in any other person or entity.
Date: _____________, 2009
CITY OF COMPTON
By
City Manager
U.S. BANK NATIONAL ASSOCIATION, as Trustee
and Dissemination Agent
By
Authorized Officer
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EXHIBIT A
FORM OF NOTICE TO REPOSITORY OF FAILURE TO FILE ANNUAL REPORT
Name of Obligated City Manager
Person: City of Compton, California
Name of Issue: City of Compton, California
Water Revenue Bonds, Series 2009
Date of Issuance: _________, 2009
NOTICE IS HEREBY GIVEN that the City of Compton, California, has not provided an Annual Report with respect to the above-named Bonds as requir ed by Section 3 hereof. The City anticipates that the Annual Report will be filed by _____________.
Dated:_______________
U.S. BANK NATIONAL ASSOCIATION
By
Title
NEW ISSUE—FULL BOOK-ENTRY RATING: Standard & Poor’s: “A” (See “Ratings” herein.)
In the opinion of Orrick, Herrington & Sutcliffe LLP, Bond Counsel to the City, based upon an analysis of existing laws, regulations, rulings and court decisions, and assuming, among other matters, the accuracy of certain representations and compliance with certain covenants, interest on the Series 2009 Bonds is excluded from gross income for federal income tax purposes under Section 103 of the Internal Revenue Code of 1986 and is exempt from State of California personal income taxes. In the further opinion of Bond Counsel, interest on the Series 2009 Bonds is not a specific preference item for purposes of the federal individual or corporate alternative minimum taxes, nor is it included in adjusted current earnings when calculating corporate alternative minimum taxable income. Bond Counsel expresses no opinion regarding any other tax consequences related to the ownership or disposition of, or the accrual or receipt of interest on, the Series 2009 Bonds. See “TAX MATTERS” within. $18,710,000
CITY OF COMPTON, CALIFORNIA
(Los Angeles County, California)
Sewer Revenue Bonds, Series 2009
Dated: Date of Delivery Due: September 1, as shown on inside front cover This cover page contains certain information for reference only. It is not a summary of this issue.
Investors must read the entire Official Statement to obtain information essential to the making of an informed investment decision.
The City of Compton Sewer Revenue Bonds, Series 2009 (the “Series 2009 Bonds”) are being issued to provide funds to: (i) pay for certain capital costs of the City’s Sewer System, (ii) provide for the deposit to the Reserve Fund for the Series 2009 Bonds, (iii) pay the costs of issuing the Series 2009 Bonds, and (iv) pay interest on the Series 2009 Bonds through March 1, 2011, as more fully described herein.
The Series 2009 Bonds will be payable as to interest on March 1 and September 1 of each year, commencing March 1, 2010. The Series 2009 Bonds will be issued in book-entry form only, and will be initially issued and registered in the name of Cede & Co., as nominee of The Depository Trust Company, New York, New York (“DTC”), which will act as securities depository for the Series 2009 Bonds. Purchasers will not receive certificates representing their interests in the Series 2009 Bonds. Payments of principal of and interest on the Series 2009 Bonds will be made by U.S. Bank National Association, Seattle, Washington, as Trustee, to DTC for subsequent disbursement to DTC Participants who will remit such payments to the beneficial owners of the Series 2009 Bonds. See APPENDIX G - “BOOK-ENTRY SYSTEM” herein.
The Series 2009 Bonds are subject to redemption prior to maturity as described herein. See “THE BONDS — Redemption” herein.
Principal of, redemption premium, if any, and interest on the Series 2009 Bonds are secured by and payable from a lien on and pledge of Pledged Revenues, primarily consisting of charges, income and receipts derived by the City from the ownership and operation of the City’s wastewater collection and delivery system, after deducting maintenance and operation costs of the Sewer System. See “PLAN OF FINANCE” herein. The City may in the future issue additional bonds and other indebtedness secured by and payable on a parity with the Series 2009 Bonds. See “SECURITY AND SOURCES OF PAYMENT FOR THE BONDS” herein.
THE SERIES 2009 BONDS DO NOT CONSTITUTE AN INDEBTEDNESS OF THE CITY WITHIN THE
MEANING OF ANY CONSTITUTIONAL OR STATUTORY DEBT LIMITATION OR RESTRICTION, AND THE CITY
IS NOT OBLIGATED TO LEVY ANY AD VALOREM TAXES THEREFOR OR TO USE ANY OTHER FUNDS OF THE
CITY OTHER THAN PLEDGED REVENUES TO PAY THE PRINCIPAL OF, REDEMPTION PREMIUM, IF ANY, AND INTEREST ON THE SERIES 2009 BONDS. NEITHER THE FAITH AND CREDIT NOR THE TAXING POWER OF
THE CITY IS PLEDGED TO THE PAYMENT OF THE PRINCIPAL, REDEMPTION PREMIUM, IF ANY, OR INTEREST ON THE SERIES 2009 BONDS.
The Series 2009 Bonds will be offered when, as and if issued by the City and received by the Underwriter, subject to the approval of validity by Orrick, Herrington & Sutcliffe LLP, Bond Counsel. Certain matters will be passed upon for the City by the City Attorney of the City of Compton and by Orrick, Herrington & Sutcliffe LLP, as Disclosure Counsel. The Series 2009 Bonds, in book-entry form, will be available for delivery through The Depository Trust Company in New York, New York on or about June 4, 2009.
Grigsby & Associates, Inc.
Dated: May 20, 2009.
21 Various legal actions are pending against the C ity. The aggregate amount of the uninsured liabilities of the City which may result from all legal claims currently pending against it will not, in the opinion of the City, materially affect the finances of the Sewer System.
FINANCIAL ADVISOR
The City has retained Fieldman, Rolapp & Associat es, Irvine, California as financial advisor (the “Financial Advisor”) to the City in connection with the issuance of the Bonds. The Financial Advisor is an independent advisory firm and is not engaged in the business of unde rwriting, trading or distributing municipal securities or negotiable instruments.
APPROVAL OF LEGAL PROCEEDINGS
All legal matters incident to the authorizati on, issuance and sale of the Series 2009 Bonds are subject to the approval of Orrick, Herrington & Su tcliffe LLP, San Francisco, California, Bond Counsel to the City. The form of approving opinion of Bond Counsel is included as Appendix E to this Official Statement and the approving opinion will be deliv ered with the Series 2009 Bonds. Bond Counsel undertakes no responsibility for the accuracy, completeness or fairness of this Official Statement. Certain legal matters will be passed upon for the City by the City Attorney and by Orrick, Herrington & Sutcliffe LLP, San Francisco, California, Disclosure Counsel. All of the fees of Bond Counsel and Disclosure Counsel with regard to the delivery of the Se ries 2009 Bonds are contingent upon the issuance and delivery of the Series 2009 Bonds.
FINANCIAL STATEMENTS
The City’s financial statements for the fiscal y ear ending June 30, 2008, included in Appendix C hereto, have been audited by Macias, Gini & O’Connell LLP certified public accountants, as stated in their report appearing in Appendix C hereto. See APPENDIX C: “EXCERPTS FROM THE AUDITED FINANCIAL STATEMENTS OF THE CITY FOR THE YEAR ENDED JUNE 30, 2008.” The audited financial statements attached hereto, including the foot notes thereto, should be reviewed in their entirety.
Macias, Gini & O’Connell LLP has not consented to the inclusion of its report as Appendix C and has not undertaken to update its report or to take any action in tended or likely to elicit information concerning the accuracy, completeness or fairness of the statements ma de in this Official Statement, and no opinion is expressed by Macias, Gini & O’Connell LLP with respect to any event subsequent to its report dated April 20, 2009.
CONTINUING DISCLOSURE
The City has covenanted for the benefit of the holders and beneficial ow ners of the Series 2009 Bonds to provide certain financial information and operating data rela ting to the Sewer System by not later than nine months following the end of the C ity’s Fiscal Year (presently June 30) (the “Annual Report”), commencing with the report for Fiscal Year 2008-09, and to provide notices of the occurrence of certain enumerated events, if material. The Annua l Report will be filed by the City with the Municipal Securities Rulemaking Board or any other entity desi gnated or authorized by the SEC. Notices of material events will be filed by the City with th e Municipal Securities Rulemaking Board. The specific nature of the information to be contained in the An nual Report and the notices of material events is set forth in APPENDIX F: “PROPOSED FORM OF CONTINUING DISCLOSURE AGREEMENT” hereto.
These covenants have been made in order to assist th e Underwriter in complying with S.E.C. Rule 15c2- 12(b)(5).
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APPENDIX F
PROPOSED FORM OF CONTINUING DISCLOSURE AGREEMENT
This Continuing Disclosure Agreement (the “Discl osure Agreement”) is executed and delivered by the CITY OF COMPTON, California (the “City”), and U.S. BANK NATIONAL ASSOCIATION, as trustee (the “Trustee”) and as dissemination agent (t he “Dissemination Agent”) in connection with the execution and delivery of the City’s Sewer Revenu e Bonds, Series 2009 (the “Bonds”). The Bonds are being executed and delivered pursuant to a Master Trus t Agreement dated as of July 1, 1993 (the “Master Trust Agreement”) by and between the City and Trust ee, as successor trustee, as previously amended and supplemented, and as amended and s upplemented by a Third Supplemental Trust Agreement, dated as of June 1, 2009 (the “Third Supplemental Trust Agreement”, and together with the Master Trust Agreement, as previously supplemented, the “Tru st Agreement”), between the City and the Trustee. The City, the Trustee and the Dissemination Agent covenant and agree as follows:
SECTION 1. Purpose of the Disclosure Agreement . This Disclosure Agreement is being executed and delivered by the City , the Trustee and the Disseminati on Agent for the benefit of the Owners and Beneficial Owners of th e Bonds and in order to assist th e Participating Underwriters in complying with Securities and Exchange Commission (“S.E.C.”) Rule 15c2-12(b)(5).
SECTION 2. Definitions . In addition to the definitions set forth in the Trust Agreement, which apply to any capitalized term used in this Disclosur e Agreement unless otherwise defined in this Section, the following capitalized terms shall have the following meanings:
“Annual Report” shall mean any Annual Report provided by the City pursuant to, and as described in, Sections 3 and 4 of this Disclosure Agreement. “Beneficial Owner” shall mean any person which h as or shares the power, directly or indirectly, to make investment decisions c oncerning the ownership of any Bonds (including persons holding Bonds through nominees, depositories or other intermediaries). “Disclosure Representative” shall mean the City Manager of the City, or such other officer or employee as the City shall designate in writing to the Trustee from time to time. “Dissemination Agent” shall mean the Trustee, or any successor Dissemination Agent which may be designated in writing by the City and which has filed with the Trustee a written acceptance of such designation.
“Listed Events” shall mean any of the events listed in Section 5(a) of this Disclosure Agreement. “Participating Underwriter” shall mean any of the original underwriters of the Bonds required to comply with the Rule in connection with offering of the Bonds. “Repository” shall mean the Municipal Secu rities Rulemaking Board or any other entity designated or authorized by the SEC to receive reports pursuant to the Rule. “Rule” shall mean Rule 15c2-12(b)(5) adopted by the Securities and Exchange Commission under the Securities Exchange Act of 1934, as the same may be amended from time to time. “State” shall mean the State of California.
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SECTION 3. Provision of Annual Reports .
(a) The City shall, or shall cause the Disseminati on Agent to, not later than nine months after the end of the City’s Fiscal Year (presently June 30), commencing with the report for the 2008-09 Fiscal Year, provide to each Repository an Annual Report which is consistent with the requirements of Section 4 of this Disclosure Agreement. The Annual Report must be submitted in electronic format, accompanied by such identifying information as is prescribed by the Repository, and may cross-reference other information as provided in Section 4 of this Disclos ure Agreement; provided that the audited financial statements of the City may be submitted separately from the balance of the Annual Report and later than the date required above for the filing of the Annual Report if they are not available by that date. If the City’s fiscal year changes, it shall give notice of su ch change in the same ma nner as for a Listed Event under Section 5.
(b) Not later than five (5) Business Days prior to such date, the City shall provide the Annual Report to the Dissemination Agent and the Trustee (if the Trustee is not the Dissemination Agent); provided, however, that the City may distribute th e Annual Report itself after providing written notice to the Trustee and the Dissemination Agent. If by su ch date, the Dissemination Agent has not received a copy of the Annual Report, the Dissemination Agent sha ll notify the City of such failure to receive the Annual Report. The City shall provide a written cer tification with each Annual Report furnished to the Dissemination Agent and the Trustee to the effect th at such Annual Report constitutes the Annual Report required to be furnished by it hereunder. The Dissemination Agent and the Trustee may conclusively rely upon such certification of the City and shall have no duty or obligation to review such Annual Report. (c) If the Dissemination Agent is unable to ve rify that an Annual Report has been provided by the date required in subsection (a), the Dissemin ation Agent shall send a notice to the Repository, in substantially the form attached as Exhibit A.
(d) The Dissemination Agent shall:
(i) determine each year prior to the date for providing the Annual Report the name and address of each National Repository and the State Repository, if any; and (ii) to the extent the City has provided the Annual Report to the Dissemination Agent, file a report with the City and (if the Di ssemination Agent is not the Trustee) the Trustee certifying that the Annual Report has been prov ided pursuant to this Disclosure Agreement, stating the date it was provided.
SECTION 4. Content of Annual Reports . The City’s Annual Report shall contain or include by reference the following:
1. The City’s Comprehensive Annual Financia l Report, including the audited financial statements for the prior Fiscal Year, which audited fi nancial statements shall be prepared in accordance with generally accepted accounting principles as promulgated to apply to governmental entities from time to time by the Governmental Accounting Standards Boar d. If the City’s audited financial statements are not available by the time the Annual Report is require d to be filed pursuant to Section 3(a), the Annual Report shall contain unaudited financ ial statements in a format similar to the financial statements contained in the final Official Statement, and the aud ited financial statements shall be filed in the same manner as the Annual Report when they become available.
2. Any or all of the items listed above ma y be included by specific reference to other documents, including the City’s Comp rehensive Annual Financial Report, official statements of debt
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issues of the City or related public entities, which ha ve been filed with the Repository. If the document included by reference is a final official statement, it must be available from the Repository. The City shall clearly identify each such other document so included by reference.
SECTION 5. Reporting of Significant Events .
(a) Pursuant to the provisions of this Section 5, the City shall give, or cause to be given, notice of the occurrence of any of the following events with respect to the Bonds, if material:
1. principal and interest payment delinquencies;
2. non-payment related defaults;
3. modifications to rights of Bondholders;
4. optional, contingent or unscheduled bond calls;
5. defeasances;
6. rating changes;
7. adverse tax opinions or events adversely affecting the tax-exempt status of the Bonds;
8. unscheduled draws on the debt service reserves reflecting financial difficulties;
9. unscheduled draws on credit enhancements reflecting financial difficulties;
10. substitution of credit or liquidity providers or their failure to perform;
11. release, substitution or sale of property securing repayment of the Bonds. (b) The Trustee shall, promptly upon obtaining actual knowledge of the occurrence of any of the Listed Events (with no obligation to determin e the materiality thereof), contact the Disclosure Representative, inform such person of the event, and re quest that the City promptly notify the Trustee in writing whether or not to report the event pursuant to subsection (f); provided that, failure by the Trustee to so notify the Disclosure Representative and make such request shall not relieve the City of its duty to report Listed Events as required by this Section 5. For the purpose of this Disclosure Agreement “actual knowledge” means actual knowledge at the corporate trus t office of the Trustee by an officer of the Trustee with responsibility for matters related to the administration of the Trust Agreement. Whenever the City obtains knowledge of the occurrence of a Listed Event, the City shall as soon as possible determine if such event would be material under applicable federal securities laws. (c) Whenever the City obtains knowledge of the occurrence of a Listed Event, whether because of a notice from the Trustee pursuant to subsection (b) or otherwise, the City shall within five (5) Business Days determine if such event would be material under applicable federal securities laws. (d) If the City has determined that knowledge of the occurrence of a Listed Event would be material under applicable federal s ecurities laws, the City shall promp tly notify the Dissemination Agent in writing. Such notice shall instruct the Disse mination Agent to report the occurrence pursuant to subsection (f).
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(e) If in response to a request under subsection (b), the City determines that the Listed Event would not be material under applicable federal securi ties laws, the City shall so notify the Dissemination Agent in writing and instruct the Dissemination Agent not to report the occurrence. (f) If the Dissemination Agent has b een instructed by the City to report the occurrence of a Listed Event, the Trustee shall promptly file a notice of such occurrence each National Repository or with the Repository. Notwithstanding the foregoing, notice of Listed Events described in subsections (a)(4) and (5) need not be given under this subsection any earlie r than the notice (if any) of the underlying event is given to Owners of affected Bonds pursuant to the Trust Agreement. (g) The Trustee may conclusively rely on an opinion of counsel that the City’s instructions to the Dissemination Agent under this Section 5 comply with the requirements of the Rule.
SECTION 6. Termination of Reporting Obligation . Each party’s obligations under this Disclosure Agreement shall terminate (a) upon the lega l defeasance, prior redemption or payment in full of all of the Bonds or (b) if, in the opinion of nationa lly recognized bond counsel, the City ceases to be an “obligated person” (within the meaning of the Rule) with respect to the Bonds or the Bonds otherwise cease to be subject to the requirements of the Rule. If such termination occurs prior to the final maturity of the Bonds, the City shall give notice of such te rmination in the same manner as for a Listed Event under Section 5(c).
SECTION 7. Dissemination Agent . The City may, from time to time, appoint or engage a Dissemination Agent to assist it in carrying out its ob ligations under this Disclosure Agreement, and may discharge any such Agent, with or without appointing a successor Dissemination Agent. The Dissemination Agent may resign by providing thirty days written notice to the City. The Dissemination Agent shall not be responsible in any manner for the c ontent of any notice or report prepared by the City pursuant to this Disclosure Agreement. If at any ti me there is not any other designated Dissemination Agent, the Trustee shall be the Di ssemination Agent. The initial Dissemination Agent shall be U.S. Bank National Association
SECTION 8. Amendment; Waiver . Notwithstanding any other provision of this Disclosure Agreement, the City, the Trustee and the Dissemina tion Agent may amend this Disclosure Agreement, (and the Trustee and the Dissemination Agent shall ag ree to any amendment so requested by the City, provided such amendment does not impose any greater duti es, nor risk of liability, on the Trustee or the Dissemination Agent, as the case may be), and any provision of this Disclosure Agreement may be waived, provided that the following conditions are satisfied:
(a) If the amendment or waiver relates to the provisions of Sections 3(a), 4 or 5(a), it may only be made in connection with a change in ci rcumstances that arises from a change in legal requirements, change in law, or change in the identity, nature or status of an obligated person with respect to the Bonds, or the type of business conducted;
(b) The undertaking, as amended or taking into acc ount such waiver, would, in the opinion of nationally recognized bond counsel, have complied with the requirements of the Rule at the time of the original issuance of the Bonds, after taking into account any amendments or interpretations of the Rule, as well as any change in circumstances; and
(c) The amendment or waiver either (i) is a pproved by the Owners of the Bonds in the same manner as provided in the Trust Agreement for amendmen ts to the Trust Agreement with the consent of Owners, or (ii) does not, in the opinion of nationa lly recognized bond counsel, materially impair the interests of the Owners or Beneficial Owners of the Bonds.
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In the event of any amendment or waiver of a pr ovision of this Disclosure Agreement, the City shall describe such amendment in the next Annual Report, and shall include, as applicable, a narrative explanation of the reason for the amendment or waiv er and its impact on the type (or in the case of a change of accounting principles, on the presentation) of financial information or operating data being presented by the City. In addition, if the amendment re lates to the accounting principles to be followed in preparing financial statements, (i) notice of such cha nge shall be given in the same manner as for a Listed Event under Section 5(c), and (ii) the Annual Report for the year in which the change is made should present a comparison (in narrative form and also, if f easible, in quantitative form) between the financial statements as prepared on the basis of the new acc ounting principles and those pr epared on the basis of the former accounting principles.
SECTION 9. Additional Information . Nothing in this Disclosure Agreement shall be deemed to prevent the City from disseminating any other info rmation, using the means of dissemination set forth in this Disclosure Agreement or any other means of communication, or including any other information in any Annual Report or notice of occurrence of a Listed Ev ent, in addition to that which is required by this Disclosure Agreement. If the City chooses to include any information in any Annual Report or notice of occurrence of a Listed Event in addition to that wh ich is specifically required by this Disclosure Agreement, the City shall have no obligation under this Disclosure Agreement to update such information or include it in any future Annual Report or notice of occurrence of a Listed Event.
SECTION 10. Electronic Filing . Submission of Annual Reports and notices of Listed Events to DisclosureUSA.org or another “Central Post Offi ce” designated and accepted by the S.E.C. shall constitute compliance with the requirement of f iling such reports and notices with each National Repository and any State Repository hereunder.
SECTION 11. Default . In the event of a failure of the City, the Trustee or the Dissemination Agent to comply with any provision of this Disclosur e Agreement, any Owner or Beneficial Owner of the Bonds may take such actions as may be necessary and appropriate, including seeking mandate or specific performance by court order, to cause the City, the Trus tee or the Dissemination Agent to comply with its obligations under this Disclosure Agreement. A de fault under this Disclosure Agreement shall not be deemed an Event of Default under the Trust Agreem ent, and the sole remedy under this Disclosure Agreement in the event of any failure of the City, th e Trustee or the Dissemination Agent to comply with this Disclosure Agreement shall be an action to compel performance.
SECTION 12. Duties, Immunities and Liabiliti es of Trustee and Dissemination Agent . Article VIII of the Trust Agreement is hereby made applicable to this Disclosur e Agreement as if this Disclosure Agreement were (solely for this purpose) contained in the Trust Agreement. The Dissemination Agent shall be entitled to the protections and limitations fro m liability afforded to the Trustee thereunder. The Dissemination Agent and the Trustee shall have only such duties as are specifically set forth in this Disclosure Agreement, and the City, to the extent permitted by law, agrees to indemnify and save the Dissemination Agent, its officers, directors, employees and agents, harmless against any loss, expense and liabilities which it may incur arising out of or in th e exercise or performance of its powers and duties hereunder, including the costs and expenses (including attorneys fees) of defending against any claim of liability, but excluding liabilities due to the Disseminati on Agent’s or the Trustee’s negligence or willful misconduct. The Dissemination Agent shall be paid compensation by the City for its services provided hereunder in accordance with its schedule of fees as am ended from time to time and all expenses, legal fees and advances made or incurred by the Dissemin ation Agent in the performance of its duties hereunder. Any company succeeding to all or substa ntially all of the Dissemination Agent’s corporate trust business shall be the successor to the Dissemina tion Agent hereunder without the execution or filing of any paper or any further act. The obligations of th e City under this Section shall survive resignation or removal of the Dissemination Agent and payment of the Bonds.
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SECTION 13. Notices . Any notices or communications to or among any of the parties to this Disclosure Agreement may be given as follows:
To the City: City of Compton
205 South Willowbrook Avenue
Compton, CA 90220
Attention: City Manager and City Attorney
To the Trustee U.S. Bank National Association
and Dissemination 1420 5 th Avenue, 7th Floor
Agent: Seattle, WA 98101
Attention: Corporate Trust Services
Any person may, by written notice to the other pers ons listed above, designate a different address or telephone number(s) to which subsequent notices or communications should be sent.
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SECTION 14. Beneficiaries . This Disclosure Agreement shall inure solely to the benefit of the City, the Dissemination Agent, the Participating Un derwriters and Owners and Beneficial Owners from time to time of the Bonds, and shall create no rights in any other person or entity.
Date: _____________, 2009
CITY OF COMPTON
By
City Manager
U.S. BANK NATIONAL ASSOCIATION, as Trustee
and Dissemination Agent
By
Authorized Officer
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EXHIBIT A
FORM OF NOTICE TO REPOSITORY OF FAILURE TO FILE ANNUAL REPORT
Name of Obligated City Manager
Person: City of Compton, California
Name of Issue: City of Compton, California
Sewer Revenue Bonds, Series 2009
Date of Issuance: _________, 2009
NOTICE IS HEREBY GIVEN that the City of Compton, California, has not provided an Annual Report with respect to the above-named Bonds as requir ed by Section 3 hereof. The City anticipates that the Annual Report will be filed by _____________.
Dated:_______________
U.S. BANK NATIONAL ASSOCIATION
By
Title
Authority Bond
Appendix AArbitrage Rebate Compliance Services(One Time Pmt) Appendix BContinuing Disclosure Services ($25K Annual for all Bonds,Stated amount is for a 5yr term) Appendix CS.B. 1029 Annual Debt Transparency Reporting($1,500 Annual, Stated amount is for a 5yr term) TotalCompton Public Finance Authority Lease Revenue Bond Series 2008 $5,500.00 $20,833.20 $0.00 $26,333.20Compton Public Finance Authority Lease Revenue Bond Series 2016 $5,500.00 $20,833.20 $0.00 $26,333.20 City of Compton Sewer Rev. Bond Series 2009 $5,500.00 $20,833.20 $0.00 $26,333.20 City of Compton Water Rev. Bond Series 2009 $5,500.00 $20,833.20 $0.00 $26,333.20Independent Cities Finance Authority Sales Tax Revenue Bond Series 2021 $5,500.00 $20,833.20 $2,500.00 $28,833.20Successor Agency to the CRA Tax Allocation Refunding Bond Series 2022A $2,750.00 $10,417.00 $2,500.00 $15,667.00Successor Agency to the CRA Tax Allocation Refunding Bond Series 2022B $2,750.00 $10,417.00 $2,500.00 $15,667.00 Total $33,000.00 $125,000.00 $7,500.00 $165,500.00
Exhibit C
July 23, 2024
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: CITY MANAGER
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF COMPTON RESCINDING RESOLUTION 25,981 AND
APPROVING AND ADOPTING THE ANNUAL APPROPRIATION
(GANN) LIMIT FOR FISCAL YEARS 2020-2021, 2021-2022, 2022- 2023, 2023-2024 AND 2024-2025
SUMMARY
This Resolution rescinds Resolution No. 25,981 which established the appropriations GANN limit for fiscal years 2020-2021 through 2023-2024. Since the adoption of that resolution, the calculated figures have been revised and the updated appropriation limits must be adopted. In order for the City of Compton to be compliant with the Appropriation Limit Law pursuant to Article XIII B of the California Constitution and establish the maximum annual Appropriation (GANN) Limit for the City of Compton for Fiscal Years 2020-2021, 2021-2022, 2022-2023, 2023-2024 and 2024-2025.
BACKGROUND
On February 20, 2024, the City Council adopted Resolution 25,981 authorizing the adoption of the annual appropriation (GANN) limit for fiscal years 2020-2021 through 2023-2024. Since the adoption of that Resolution the calculated figures have been revised and the updated appropriation limits must be adopted.
In November of 1979, California voters approved Proposition 4 (Prop 4) commonly known as the GANN Initiative. Prop 4 created Article XIII B of the State of California Constitution which placed limits on the amount of Tax Revenue Proceeds appropriated each fiscal year. Restricted revenues noted in Article XIII B are those referred to as "Proceeds of Taxes." The City may not appropriate money over and above the GANN Appropriation Limit.
The annual growth factors used in calculating the City’s Appropriation Limit are as follows:
a) Factor 1- the calculation includes the percentage (%) change in City of Compton Non-Residential New Construction (%) change in the California Per Capita Income. The greater (%) change is used. The HdL Companies provided the Assessed Valuation information to the City of Compton based on the analysis of Proposition 111. The (%) change in California Per Capita Income was provided by the State Department of Finance.
9.9.9.9.9.9. Staff Report – A Resolution Approving and Adopting the Annual Appropriation (GANN) Limit for Fiscal Years 2020- 2021, 2021-2022, 2022-2023, 2023-2024 and 2024-2025
July 23, 2024
b) Factor 2 - the calculation includes the percentage (%) change in population in the City of Compton, or the (%) change in Los Angeles County’s population. The greater percentage was used. This population information was provided by the State Department of Finance.
c) Total Adjustment Factor = Factor 1 (x) Factor 2
d) Current Year’s Appropriation Limit = Total Adjustment Factor (x) Previous Year’s Appropriation Limit
Attachments B, C, D, E and F have been included to show the calculations for each fiscal year.
Also, in accordance to the California Constitution Art XIII B §1.5, the Appropriation Limit is required for the annual financial audit. As noted in Attachment A, failure to provide this information during the annual audit may subject the City to an audit finding.
STATEMENT OF THE ISSUE
Resolution No. 25,981 established the City’s Appropriation (GANN) Limit for Fiscal Year 2020-2021, 2021-2022, 2022-2023, and 2023-2024, authorizing the adoption of the annual appropriation (GANN) limits. Since the adoption of that Resolution the calculated figures have been revised and the updated appropriation limits must be adopted. In addition, the fiscal year 2024-2025 appropriation limit has been calculated and added to this resolution.
Staff has prepared the City of Compton's Appropriation (GANN) Limit for Fiscal Years 2020-2021, 2021-2022, 2022-2023, 2023-2024 and 2024-2025 using the Nonresidential New Cost reports provided by HDL Coren & Cone and attachments from the Department of Finance as information sources. (Please see “Attachments B, C, D, E and F for references)
The City's Appropriation (GANN) Limit for the Fiscal Year 2020-2021 has been calculated at $113,668,399. The Proceeds of Taxes amounted to $85,267,202. Therefore, the City of Compton is under its Maximum Appropriation Limit by $28,401,197. (Please see “Attachment B” for calculations)
The City's Appropriation (GANN) Limit for the Fiscal Year 2021-2022 has been calculated at $119,364,357. The Proceeds of Taxes amounted to $85,937,178. Therefore, the City of Compton is under its’ Maximum Appropriation Limit by $33,427,179. (Please see “Attachment C” for calculations)
Staff Report – A Resolution Approving and Adopting the Annual Appropriation (GANN) Limit for Fiscal Years 2020- 2021, 2021-2022, 2022-2023, 2023-2024 and 2024-2025
July 23, 2024
The City's Appropriation (GANN) Limit for the Fiscal Year 2022-2023 has been calculated at $127,464,900. The Proceeds of Taxes amounted to $93,642,186. Therefore, the City of Compton is under its’ Maximum Appropriation Limit by $33,822,714. (Please see “Attachment D” for calculations)
The City's Appropriation (GANN) Limit for the Fiscal Year 2023-2024 has been calculated at $136,115,178. The Proceeds of Taxes amounted to $103,231,189. Therefore, the City of Compton is under its’ Maximum Appropriation Limit by $32,883,989. (Please see “Attachment E” for calculations)
The City's Appropriation (GANN) Limit for the Fiscal Year 2024-2025 has been calculated at $142,338,718. The Proceeds of Taxes amounted to $116,737,300. Therefore, the City of Compton is under its’ Maximum Appropriation Limit by $25,601,418. (Please see “Attachment F” for calculations)
As the calculations indicate, the City of Compton did not exceed its Appropriation Limit for Fiscal Years 2020-2021, 2021-2022, 2022-2023, 2023-2024 and 2024-2025, but was actually under the appropriation limit by $25,601,418, $28,401,197, $33,427,179, $33,822,714 and $32,883,989 respectively. This is compliant with Article XIII B of the California Constitution and Proposition III.
A resolution has been prepared by staff to conform with Article XIII B of the California Constitution and Proposition 111, whereby the City establishes its GANN Appropriation Limit for Fiscal Years 2020-2021, 2021-2022, 2022-2023, 2023-2024 and 2024-2025.
ALTERNATIVE
The City will not be compliant with the Appropriation Limit Law governed under the California Constitution if the GANN Appropriation Limit is not computed and monitored to ensure that the City is within the required limit.
FINANCIAL IMPACT
There is no financial impact.
RECOMMENDATION
Staff respectfully recommends that the City Council adopt the attached Resolution.
REGINALD J. SMITH
BUDGET OFFICER
Staff Report – A Resolution Approving and Adopting the Annual Appropriation (GANN) Limit for Fiscal Years 2020- 2021, 2021-2022, 2022-2023, 2023-2024 and 2024-2025
July 23, 2024
APPROVED FOR FORWARDING:
WILLIE A. HOPKINS, JR.
CITY MANAGER
ATTACHMENTS
1. City of Compton Appropriation Limit Calculations FY 20/21 – FY 24/25
2. Department of Finance Price Factor and Population Information FY 20/21 – FY 24/25
3. HdL City of Compton Nonresidential New Construction GANN Limit FY 20/21 – FY 24/25
RESOLUTION NO. __________________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON RESCINDING RESOLUTION 25,981 AND APPROVING AND ADOPTING THE ANNUAL APPROPRIATION (GANN) LIMIT FOR FISCAL YEARS 2020-2021, 2021-2022, 2022- 2023, 2023-2024 AND 2024-2025
WHEREAS, on February 20, 2024, the City Council adopted Resolution 25,981 authorizing the adoption of the annual appropriation (GANN) limit for fiscal years 2020- 2021 through 2023-2024; and
WHEREAS, this Resolution rescinds Resolution No. 25,981, since the adoption of that resolution, the calculated figures have been revised and the updated appropriation limits must be adopted; and
WHEREAS, in order for the City of Compton to be compliant with the Appropriation Limit law pursuant to Article XIII B of the California Constitution and establish the maximum annual Appropriation (GANN) Limit for the City of Compton for Fiscal Years 2020-2021, 2021-2022, 2022-2023, 2023-2024 and 2024-2025; and WHEREAS, in November of 1979, California voters approved Proposition 4 (Prop 4) commonly known as the GANN Initiative; and
WHEREAS, Prop 4 created Article XIII B of the State of California Constitution which placed limits on the amount of Tax Revenue Proceeds appropriated each fiscal year. Restricted revenues noted in Article XIII B are those referred to as "Proceeds of Taxes." The City may not appropriate money over and above the GANN Appropriation Limit; and
WHEREAS, the annual growth factors used in calculating the City’s Appropriation Limit are as follows:
a) Factor 1- the calculation includes the percentage (%) change in the City of Compton Non-Residential New Construction (Assessed Valuation), or the (%) change in the California Per Capita Income. The greater (%) change is used. The County of Los Angeles-Office of the Assessor provided the Assessed Valuation information to the Cities, including the City of Compton based on the analysis of Proposition 111. The (%) change in California Per Capita Income was provided by the State Department of Finance. b) Factor 2 - the calculation includes the percentage (%) change in population in the City of Compton, or the (%) change in Los Angeles County’s population. The greater percentage was used. This population information was provided by the State Department of Finance.
c) Total Adjustment Factor = Factor 1 (x) Factor 2
d) Current Year’s Appropriation Limit = Total Adjustment Factor (x) Previous Year’s Appropriation Limit
WHEREAS, in accordance to the California Constitution Art XIII B §1.5, it is needed for the annual financial audit, and failure to provide this information during the annual audit may subject the City to an audit finding; and WHEREAS, staff has prepared the City of Compton's Appropriation (GANN) Limit for Fiscal Years 2020-2021, 2021-2022, 2022-2023, 2023-2024 and 2024-2025 using Nonresidential New Cost reports provided by HDL Coren & Cone and attachments from the Department of Finance as information sources. (Please see “Attachments B, C, D, E and F for references; and
WHEREAS, the City's Appropriation (GANN) Limit for the Fiscal Year 2020- 2021 has been calculated at $113,668,399. The Proceeds of Taxes amounted to Resolution No. __________________
$85,267,202. Therefore, the City of Compton is under its Maximum Appropriation Limit by $28,401,197; and
WHEREAS, the City's Appropriation (GANN) Limit for the Fiscal Year 2021- 2022 has been calculated at $119,364,357. The Proceeds of Taxes amounted to $85,937,178. Therefore, the City of Compton is under its Maximum Appropriation Limit by $33,427,179; and
WHEREAS, the City's Appropriation (GANN) Limit for the Fiscal Year 2022- 2023 has been calculated at $127,464,900. The Proceeds of Taxes amounted to $93,642,186. Therefore, the City of Compton is under its Maximum Appropriation Limit by $33,822,714; and
WHEREAS, the City's Appropriation (GANN) Limit for the Fiscal Year 2023- 2024 has been calculated at $136,115,178. The Proceeds of Taxes amounted to $103,231,189. Therefore, the City of Compton is under its Maximum Appropriation Limit by $32,883,989; and
WHEREAS, the City's Appropriation (GANN) Limit for the Fiscal Year 2024- 2025 has been calculated at $142,338,718. The Proceeds of Taxes amounted to $116,737,300. Therefore, the City of Compton is under its Maximum Appropriation Limit by $25,601,418; and
WHEREAS, as the calculations indicate, the City of Compton did not exceed its Appropriation Limit for Fiscal Years 2020-2021, 2021-2022, 2022-2023, 2023-2024 and 2024-2025, but was actually under the appropriation limit by $25,601,418, $28,401,197, $33,427,179, $33,822,714 and $32,883,989 respectively. This is compliant with Article XIII B of the California Constitution and Proposition III; and WHEREAS, a resolution has been prepared by staff to conform with Article XIII B of the California Constitution and Proposition III, whereby the City establishes its GANN Appropriation Limit for Fiscal Years 2020-2021, 2021-2022, 2022-2023, 2023-2024 and 2024-2025; and
WHEREAS, alternatively, the City will not be compliant with the Appropriation Limit law governed under the California Constitution if the GANN Appropriation Limit is not computed and monitored to ensure that the City is within the required limit; and WHEREAS, there is no financial impact; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COMPTON DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. That Resolution 25,981, adopted by the City Council on February 20, 2024, is hereby rescinded.
Section 2. That the City’s Appropriation (GANN) Limit for the City of Compton shall be the following:
• Fiscal Year 2020-2021- $113,668,399
• Fiscal Year 2021-2022- $119,364,357
• Fiscal Year 2022-2023- $127,464,900
• Fiscal Year 2023-2024- $136,115,178
• Fiscal Year 2024-2025- $142,338,718
Section 3. That the City of Compton’s Appropriation Limit for Fiscal Years 2020-2021, 2021-2022, 2022-2023, 2023-2024 and 2024-2025 exceeds the Proceeds of Taxes in each Fiscal Year’s Budget and is compliant with Article XIII B of the California Constitution and Proposition III and therefore, the City is under its Appropriation Limit.
Section 4. That the growth factors used in calculating the Appropriation (GANN) Limits are as follows:
Resolution No. __________________
• Fiscal Year 2020-2021- Percentage Change in Compton’s Assessed Valuation Due to New Non-Residential Construction and the Percentage Change in the Los Angeles County Population.
• Fiscal Year 2021-2022- Percentage Change in Compton’s Assessed Valuation Due to New Non-Residential Construction and Percentage Change in Compton’s Population.
• Fiscal Year 2022-2023- Percentage Change in California Per Capita Income and the Percentage Change in the Los Angeles County Population. • Fiscal Year 2023-2024- Percentage Change in Compton’s Assessed Valuation Due to New Non-Residential Construction and Percentage Change in Compton’s Population.
• Fiscal Year 2024-2025- Percentage Change in Compton’s Assessed Valuation Due to New Non-Residential Construction and Percentage Change in Compton’s Population.
Section 5. That a certified copy of this Resolution shall be filed in the offices of the City Manager, City Attorney, City Controller, and City Clerk.
Section 6. That the Mayor shall sign and the City Clerk shall attest to the adoption of this resolution.
ADOPTED this _____ day of ________________, 2024
MAYOR OF THE CITY OF COMPTON
ATTEST:
___________________________________
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, signed by the Mayor and attested by the City Clerk at a regular meeting thereof held oh the _______ 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
June 23, 2024
TO: MAYOR AND CITY COUNCIL MEMBERS
FROM: MUNICIPAL WATER DEPARTMENT
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AMENDING THE WATER DEPARTMENT’S 2024-2025 FISCAL YEAR
BUDGET TO ACCEPT AND APPROPRIATE TWO HUNDRED FIFTY
THOUSAND SEVEN HUNDRED FIFTY-SIX DOLLARS ($250,756.00)
FOR CALRECYCLE GRANT – ROUND 4.
SUMMARY
The City Council will consider a resolution to accept and appropriate Two Hundred Fifty Thousand Seven Hundred Fifty-Six Dollars ($250,756.00) from the CalRecycle Grant – Round 4. The funds for this expenditure will be sourced from the SB1383 Organic Waste Recycling 4 account 2789-850-WR4-3569 and is based on the City’s population (approximately 93,000). The city intends to utilize these funds for the implementation of Compton’s Waste Management Plan (IWMP) in compliance with SB1383, following CalRecycle rules and regulations.
BACKGROUND
The Municipal Water Department is entrusted with the implementation of State Mandate SB1383. These regulations necessitate that jurisdictions conduct comprehensive education and outreach programs on organics recycling for all residents, businesses (including those generating edible food for donation), haulers, solid waste facilities, local food banks, and other food recovery organizations.
Jurisdictions, which encompass cities, counties, or special districts providing solid waste collection services, are required to maintain all necessary records under the SB1383 regulations within an Implementation Record (14 CCR Section 18995.2). Following the SB1383 Model Ordinance, the City of Compton has chosen to execute a performance- based source-separated organic waste collection service, as defined in Title 14 California Code of Regulations Article 17.
To comply with SB1383, jurisdictions must conduct a performance-based source separation and organics waste collection audit, recording the results in a Performance- Based Model Implementation Record Tool.
STATEMENT OF THE ISSUE
The City of Compton Water Department applied for and successfully secured Two Hundred Fifty Thousand Seven Hundred Fifty-Six Dollars ($250,756.00) from CalRecycle Grant – Round 4. The corresponding check was received on May 21, 2024, and now the
10.10.10.10. Staff Report – CalRecycle Grant – Round 4
June 25, 2024
funds need to be appropriated. The city intends to utilize these funds for the development of the City of Compton’s Implementation Waste Management Plan (IWMP) for SB1383.
ALTERNATIVES
Staff does not recommend any alternatives.
FISCAL IMPACT
Staff is requesting an amendment to the Fiscal Year 2024-2025 budget to accept and appropriate as outlined below:
Increase Revenue:
ACCOUNT NO Description Amount
2789-850-WR4-3569 Other State Grants $250,756.00
RECOMMENDATIONS
Staff recommends that the City Council adopt the attached resolution to accept and appropriate Two Hundred Fifty Thousand Seven Hundred Fifty-Six Dollars ($250,756.00) from CalRecycle Grant – Round 4.
JOSE GARFIAS
INTERIM WATER DEPARTMENT GENERAL MANAGER
APPROVED FOR FORWARDING:
WILLIE A. HOPKINS, JR.
CITY MANAGER
RESOLUTION NO. _______________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COMPTON AMENDING THE WATER DEPARTMENT’S 2024-2025
FISCAL YEAR BUDGET TO ACCEPT AND APPROPRIATE TWO
HUNDRED FIFTY THOUSAND SEVEN HUNDRED FIFTY-SIX
DOLLARS ($250,756.00) FOR CALRECYCLE GRANT – ROUND 4.
WHEREAS, the City of Compton has approximately 93,000 residents and the City of Compton Municipal Water Department’s water system serves approximately 58,000 residents and is responsible for implementing State Mandate SB1383 which requires jurisdictions to conduct comprehensive education and outreach programs on organics recycling; and
WHEREAS, under SB1383 regulations, jurisdictions must maintain all necessary records within an Implementation Record and conduct performance-based source separation and organics waste collection audits; and
WHEREAS, the City of Compton Water Department successfully applied for and secured $250,756.00 from the CalRecycle Grant — Round 4 to assist with implementation and compliance with SB1383 regulations; and
WHEREAS, on May 21, 2024, the City received the grant funds from CalRecycle and now needs to appropriate the funds in the 2024-2025 Fiscal Year Budget to utilize for the development of the City's Implementation Waste Management Plan (IWMP) under SB1383; and
WHEREAS, staff is requesting an amendment to the 2024-2025 Fiscal Year Budget to increase revenue in the amount of $250,756.00.
WHEREAS, CalRecycle grant application procedures require an applicant’s governing body, the City Manager, to declare by resolution certain authorizations related to the administration of CalRecycle grants.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COMPTON DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. That the Water Department's CalRecycle Grant Round 4 is hereby accepted for the amount of $250,756.00 for the implementation of the City's Waste Management Plan under SB1383.
Resolution No. ____________
SECTION 2.That the FY2024-25 Water Department’s Budget is amended as follows:
Increase in revenue appropriations for account 2789-850-WR4-3569 (Cal Recycle Fund, Rubbish Division, Other State Grants)
SECTION 3. That the City Manager is authorized to take certain authorizations related to the administration of CalRecycle grants.
SECTION 4.That a copy of this Resolution shall be provided to the City Clerk, City Attorney, City Manager, City Controller, and 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
CITY OF COMPTON: ss
Resolution No. ____________
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
July 23, 2024
TO: HONORABLE MAYOR AND COUNCIL MEMBER
FROM: CITY MANAGER
SUBJECT: REQUEST TO AUTHORIZE TRAVEL FOR ELECTED
OFFICIALS
Recommendation: Authorize travel to attend the Gateway Cities 2024 Conference & Retreat
Location: Catalina, CA
Meeting Date: September 4, 2024 and September 5, 2024
Approximate Cost: Registration: $325 (per attendee)
Hotel: $213.00 per night
Transportation: $83
Per Diem: Receipts required (Not to exceed $75 per day) Source of Funds: General Fund
Purpose: The purpose of attending the 2024 Annual Conference and Expo is to learn and discuss issues that are impacting our city.
Elected Official Attending
Mayor Emma Sharif
Councilmember Deidre M. Duhart
Councilmember Andre Spicer
Councilmember Jonathan Bowers
Councilmember Lillie Darden
13. July 23, 2024
TO: HONORABLE MAYOR AND COUNCIL MEMBER
FROM: CITY MANAGER
SUBJECT: REQUEST TO AUTHORIZE TRAVEL FOR ELECTED
OFFICIALS
Recommendation: Authorize travel to attend the 53rd Annual Legislative Conference
Location: Washington, D.C.
Meeting Date: September 11, 2024 and September 15, 2024 Approximate Cost: Registration: $200 (per attendee)
Hotel: $350.00 per night Transportation: $83
Per Diem: Receipts required (Not to exceed $75 per day) Source of Funds: General Fund
Purpose: The purpose of attending the 53rd Annual Legislative Conference is to learn and discuss issues that are impacting communities similar to Compton across the nation.
Elected Official Attending
Mayor Emma Sharif
Councilmember Deidre M. Duhart
Councilmember Andre Spicer
Councilmember Jonathan Bowers
Councilmember Lillie Darden
14. RESOLUTION NO.________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON,
ORDERING CHARGES FOR SOLID WASTE DELINQUENCIES TO BE COLLECTED ON THE LOS ANGELES COUNTY TAX ROLL FOR FISCAL YEAR 2024-2025 FOR OUTSTANDING BALANCES FOR TAX ROLL BILLING FOR FISCAL YEAR 2023-2024 WHEREAS, The City Council is authorized pursuant to Chapter XXI of the Compton Municipal Code and Article 4 of Chapter 6 of Part 3 of Division 5 of the California Health and Safety Code, commencing with Section 5470 (“HSC Code”) to levy annual charges for solid waste delinquent accounts to be collected on the County of Los Angeles Property Tax Roll (“Tax Roll”) by separate bill of the City or the City’s franchise hauler, Republic Services, Inc. (“Republic”); and
WHEREAS, charges collected on the Tax Roll shall be collected in the same manner, by the same persons, and at the same time as, together with and not separately from, the general taxes of the City; and
WHEREAS, for Charges billed by Republic, the Charge will be considered delinquent if payment is not received by Republic on or before 30 days after billing, and upon Charges becoming delinquent, Republic shall notify the customer that the invoice is overdue and that nonpayment will result in further collection action; and WHEREAS, Republic may turn over delinquent accounts to the City for collection on the Tax Roll; and
WHEREAS, Republic submitted a list of accounts that are delinquent at least 90 days, as of April 19, 2024, to the City for collection on the fiscal year 2024-25 Tax Roll, and the City has reviewed such list; and
WHEREAS, the City has caused a written report to be prepared and filed with the City Clerk in accordance with HSC Section 5473 (“Report”) and the Report is on file in the office of the City Clerk and in the Water Department. The Report contains (i) a description of each single-family residential parcel within the City to which the Charge is applicable and for which the City intends to collect the Charge on the Tax Roll for fiscal year 2024- 25, including the amount of the Charge for each parcel for fiscal year 2024-25, and (ii) a description of each parcel within the City for which Republic billed the Charge which is now delinquent and which Republic has requested the City to collect on the Tax Roll for fiscal year 2024-25, including the delinquent amount; and WHEREAS, the City, included herein a list of outstanding accounts for collection on the fiscal year 2023-24 Tax Roll, and the City has reviewed such list; and WHEREAS, the City has caused a written report to be prepared and filed with the City Clerk in accordance with HSC Section 5473 (“Report”) and the Report is on file in the office of the City Clerk and in the Water Department. The Report contains (i) a description of each parcel within the City which is delinquent and is to be collected on Tax Roll for fiscal year 2024-25; and
WHEREAS, following notice duly given in accordance with law, the City Council held a public hearing on the Report pursuant to HSC Code Section 5473 to consider collecting Charges and delinquencies on the Tax Roll for Fiscal Year 2024-25 combined with Tax Roll for Fiscal Year 2023-24, as described herein, and heard and considered all objections and protests thereto; and
WHEREAS, no majority protest to the Report exists, as determined in accordance with HSC Section 5473.2.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COMPTON DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. That each of the above recitals is true and correct and is adopted by the City Council.
15.15.15. RESOLUTION NO. ____________
Section 2.That the City Council hereby overrules all objections or protests to the Report, and approves the Report as filed, except that the General Manager of the City’s Water Department is hereby authorized to remove from the Report any property for which the Charge or delinquent amount has been paid in full, or to reduce the amount set forth in the Report for any property for which there has been a partial payment.
Section 3.That the City Clerk is hereby authorized and directed to file the Report with the City Treasurer with a statement endorsed on said Report over the City Clerk’s signature that the Report has been approved and finally adopted by the City Council.
Section 4.That the General Manager of the City’s Water Department is hereby authorized and directed to cause to be filed with the Los Angeles County Auditor a copy of the Report with a certified copy of this Resolution.
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, do 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
JULY 23, 2024
TO: MAYOR AND COUNCIL MEMBERS
FROM: WATER DEPARTMENT
SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON,
ORDERING CHARGES FOR SOLID WASTE DELINQUENCIES TO BE
COLLECTED ON THE LOS ANGELES COUNTY TAX ROLL FOR FISCAL YEAR 2024-2025 FOR OUTSTANDING BALANCES FOR TAX ROLL BILLING FOR FISCAL YEAR 2023-2024
SUMMARY
Staff respectfully requests the City Council to;
(i) Conduct a public hearing; and
(ii) Adopt the attached Resolution ordering charges for solid waste delinquencies to be collected on the Los Angeles County Property Tax roll for Fiscal Year 2024-2025 for Outstanding Balances for Fiscal Year 2023-2024.
BACKGROUND
The City Council is authorized pursuant to Chapter XXI of the Compton Municipal Code and Article 4 of Chapter 6 of Part 3 of Division 5 of the California Health and Safety Code, commencing with Section 5470 (“HSC Code”) to levy annual charges for solid waste delinquent accounts to be collected on the County of Los Angeles Property Tax Roll (“Tax Roll”) by separate bill of the City or the City’s franchise hauler, Republic Services, Inc. (“Republic”).
STATEMENT OF ISSUE
Pursuant to the City’s Amended and Restated Agreement with Republic, Republic bills and collects Charges for all other customers. For charges billed by Republic, the Charge will be considered delinquent if payment is not received by Republic on or before 30 days after billing, and upon Charges becoming delinquent, Republic shall notify the customer that the invoice is overdue and that nonpayment will result in further collection action.
Republic may turn over delinquent accounts to the City for collection on the Tax Roll.
Republic has submitted a list of accounts that are delinquent at least 90 days, as of April 19, 2024, to the City for collection on the fiscal year 2024-25 Tax Roll, and staff has reviewed such list. Additionally, included herein are the Outstanding Balances for Fiscal Year 2023-2024 to be collected on the Los Angeles County Property Tax Roll, and staff has reviewed such list.
Staff Report – Ordering Charges for Waste Delinquencies to be on Property Tax Roll FY ‘24-‘25
The collection of Charges and delinquencies on the Tax Roll requires the preparation of a report and the holding of a public hearing. Staff has caused a written report to be prepared and filed with the City Clerk in accordance with HSC Section 5473 (“Report”) and the Report is on file in the office of the City Clerk and in the Water Department. The Report contains (i) a description of each parcel within the City for which Republic billed the Charge which is now delinquent and which Republic has requested the City to collect on the Tax Roll for Fiscal Year 2024-2025 delinquent amount.
Pursuant to a previous resolution, the City Council received the Report, set a public hearing on the Report for July 23, 2024, at 5:35 p.m., and directed that notice of the public hearing be provided in accordance with law.
At the public hearing, the City Council must hear and consider all objections and protests to the Report and the collection of Charges and delinquencies on the Tax Roll. If the City Council determines at the close of the public hearing that oral or written protests have been presented, and not withdrawn, the City Council shall not approve the Report and shall not collect the delinquencies on the 2024-2025 and outstanding balances for Fiscal Year 2023-2024 Tax Roll.
However, the City may still pursue the delinquencies but not by including the delinquencies on the Tax Roll.
RECOMMENDATION
That the City Council hold a public hearing and, in the absence of a majority protest, adopt the attached Resolution.
JOSE GARFIAS
INTERIM WATER DEPARTMENT GENERAL MANAGER
APPROVED FOR FORWARDING:
WILLIE A. HOPKINS JR.
CITY MANAGER
July 23, 2024
TO: HONORABLE MAYOR AND COUNCIL MEMBERS
FROM: CITY MANAGER
SUBJECT: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COMPTON AMENDING SECTION 2-1.9 (a) OF THE COMPTON MUNICIPAL CODE
GOVERNING THE AGENDA PREPARATION PROCEDURE FOR THE
CITY OF COMPTON
BACKGROUND
The Compton Municipal Code Section 2-1.9 (a) presently addresses the manner in which the agenda in prepared. However, the City Manager would like to amend the manner in which the items are prepared and City Council is agreeance with the revisions set forth.
FINANCIAL IMPACT
There is no fiscal impact at this time
RECOMMENDATION
Staff recommends that the City Council pass the ordinance of amending section 2-1.9 (a) of the Compton Municipal Code governing the agenda preparation procedure for the City of Compton.
WILLIE A. HOPKINS, JR.
CITY MANAGER
16.16. ORDINANCE NO. _____________
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COMPTON AMENDING SECTION 2-1.9 (a) OF THE COMPTON MUNICIPAL CODE
GOVERNING THE AGENDA PREPARATION PROCEDURE FOR THE CITY
OF COMPTON
WHEREAS, Compton Municipal Code Section 2-1.9 (a) presently addresses the manner in which the agenda is prepared; and
WHEREAS, the City Manager is requesting to amend section 2-1.9 (a); and WHEREAS, the City Manager and the City Council of the City of Compton desire to revise the ordinance and streamline the process by which the agenda for the City of Compton is prepared.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COMPTON DOES HEREBY ORDAIN AS FOLLOWS:
Section 1.That Chapter 2-1.9 (a) is hereby amended in its entirety to read as follows:
2-1.9 Agenda Preparation Procedure. The City Clerk shall prepare an agenda prior to each meeting of the City Council as follows:
a. Each item intended to be brought up at the meeting for discussion and/or action shall be listed on the agenda. Matters may be placed on the agenda at the request of any member of the City Council. All submissions are subject to City Attorney or special counsel to the City Council or City Manager approval as to form only. If the City Attorney or special counsel fails to approve the matter “as to form,” such action by the City Attorney or special counsel shall not prevent or prohibit the agenda item from being considered or approved by the City Council.
The forgoing sentence shall also apply to any contracts subject to review and approval by the City Council and/or City Manager. All items for the agenda shall be submitted to the City Manager. The City Manager will cause the appropriate staff report to be prepared so that the matter may be scheduled to be placed on the agenda no later than the third regular meeting after its submission.
Section 2.The City Clerk shall certify the adoption of this Ordinance and shall cause the same to be posted in the manner required by law, Section 3.This Ordinance shall be effective thirty (30) days following its adoption.
Section 4. That a copy of this Ordinance shall be filed in the offices of the City Clerk, City Manager, City Attorney, City Treasurer and City Controller Department.
Section 5. The Mayor shall sign and the City Clerk shall attest to the adoption of this ordinance.
ADOPTED this ________ day of ____________, 2024.
Ordinance No.__________