COMMUNICATIONS
IN RELATION TO THE
CITY OF ELK GROVE
MARCH 8, 2023 REGULAR
MEETING
1 Jason Lindgren
From: Sean Gallagher
Sent: Monday, March 6, 2023 10:01 AM
To: Bobbie Singh-Allen; Kevin Spease; Darren Suen; Rod Brewer; Sergio Robles Cc: Jeff Werner; Jason Behrmann; Jonathan Hobbs; Robert French; Jason Lindgren Subject: FW: Bid Advisory on VSS International Inc. - 2023 Pavement Slurry Seal and Resurfacing Project Phase 3 - FFC Case No. 1549SAC
Attachments: Bid Advisory Response- Elk Grove.pdf
Importance: High
Good Morning Everyone,
On March 8, 2023, staff will be recommending the award of WPR023 Phase 3 to VSS International, Inc. (VSSI).
As such, I wanted to provide you all with information related to the below email you received from Foundation for Fair Contracting (FFC) (and perhaps others) regarding CHCG. Note that the recommendation for award of this contract will be on the consent calendar.
Staff has researched the concerns presented by FFC over awarding the contract to VSSI. In this email the FFC submitted a “formal bid advisory” letter. In this letter they made the following claims. Ongoing violation of prevailing wage laws resulting in wage theft. OSHA violations resulting in fines issued and upheld. Litigation and private attorney general act (PAGA) lawsuits Failure to comply with workforce development and formal apprenticeship programs.
Regarding the prevailing wage violations, there was no specific back-up provided. The FFC did include a complaint form submitted by FFC to the State and a notice from the Labor Commissioner, State of California that a case had been opened. The work in question was from 2019/2020. FFC filed their complaint 5/21/21.
Based on the paperwork provided, it appears that this case in question was settled by the State in November 2022, in the amount of $3,724.94. No additional back up was provided.
Regarding the OSHA violations, FFC provided four cases between 2014 and 2022. All violations were settled, and cases closed.
Regarding the PAGA lawsuits, the information provided it states the lawsuit began on April 8, 2008, and was resolved on January 14, 2016. The backup data is extensive but does not provide any information to show that VSSI is not the lowest responsive bidder.
On February 27, 2023, staff forwarded the claims to VSSI for their review and comment. Rick Cross reviewed and provided a response (see attached) to the claims. Mr. Cross adamantly objects to FFC’s claims as having little or no merit.
VSSI has been awarded the City’s last 3 annual pavement maintenance contracts without issue as well as working on several other projects. Staff performed a review of the VSSI’s recent project files and did not 2 identify any issues with labor compliance, complying with workforce development and apprenticeship programs or safety.
The FFC claim and backup information, along with staff’s discussion with Mr. Cross have been reviewed by the City Attorney’s Office. At this time, staff do not believe there are legal grounds to disqualify them as being non-responsible and we will proceed with our recommendation to award them this contract.
Thank you,
Sean Gallagher| Public Works
Deputy Public Works Director - Operations
City of Elk Grove – Corporation Yard
10250 Iron Rock Way, Elk Grove, CA 95624
t 916.687.3041
elkgrovecity.org
From: Justin Bochmann
Sent: Monday, February 27, 2023 10:38 AM
To: Christina Castro <[email protected]>
Cc: Bobbie Singh-Allen <[email protected]>; Darren Suen <[email protected]>; Rod Brewer <[email protected]>; Kevin Spease <[email protected]>; Sergio Robles <[email protected]>; Mario Rodriguez Jesse Jimenez Eva Cruz-Huerta
Subject: Bid Advisory on VSS International Inc. - 2023 Pavement Slurry Seal and Resurfacing Project Phase 3 - FFC Case No. 1549SAC
[EXTERNAL EMAIL]
RE: BID ADVISORY
Bidder(s): VSS International, Inc.
Awarding Agency: City of Elk Grove
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3 Project: 2023 Pavement Slurry Seal and Resurfacing Project Phase 3 FFC Case No.: 1549SAC
Dear Ms. Castro:
The Foundation for Fair Contracting (FFC) is a nonprofit organization serving the public interest since 1985.
The objective of the FFC is to monitor compliance with prevailing wage laws pertaining to the construction industry, including informing and educating industry stakeholders. Unbalanced bids raise questions in regard to performance and compliance with the rules and regulations for the payment of prevailing wages, and the safety and well-being of the workforce. It further opens the question of excessive future change orders and the ultimate fairness to and rights of other bidders in the bidding process and the intent of the bidding process in general.
In deference to all bidders and in order for the public interest to best be served, please enter this formal bid advisory against the above-noted contractor as a matter of public record. We respectfully request that VSS International, Inc. (VSS) bid be rejected for the following reasons:
ONGOING VIOLATIONS OF PREVAILING WAGE LAWS RESULTING IN WAGE THEFT
VSS has numerous infractions/violations which have resulted in willful circumvention of the Laws and Regulations Governing the Payment of Prevailing Wages, including, but not limited to, violations resulting in wage theft and non-compliance with apprenticeship laws. VSS has engaged in this pattern of unlawful activity on various public works prevailing wage projects. Civil Wage and Penalty Assessments have been issued to VSS by the State of California, Division of Labor Standards Enforcement (DLSE), Labor Commissioner’s office. We have provided supporting documentation for your review.
Furthermore, VSS is currently under investigation by our offices in connection with issues provided below.
Misclassifications resulting in underpayments.
Failure to comply with overtime requirements.
Failure to comply with apprenticeship requirements.
Failing to report all workers on certified payrolls.
OSHA VIOLATIONS RESULTING IN FINES ISSUED AND UPHELD
VSS has multiple safety infractions that have resulted in investigations and fines issued by OSHA. We have attached the detailed supporting documentation for your review.
LITIGATION AND PRIVATE ATTORNEY GENERAL ACT (PAGA) LAWSUITS
VSS has ongoing consistent pattern of private litigation and PAGA related lawsuits filed with the State of California, brought forth from workers who have been victims of wage theft. Private litigation and PAGA supporting documentation are attached for your review.
VSS FAILURE TO COMPLY WITH WORKFORCE DEVELOPMENT AND FORMAL
APPRENTICESHIP PROGRAMS
4 VSS has not made a good faith effort to participate and invest in Local Workforce Development, nor have they participated in local hiring of workers in the community through formal and recognized pre- apprenticeship programs and formal apprenticeship programs for specific apprenticeable crafts. They have failed to request, employ, train, and pay the proper prevailing wages to apprentices.
Please contact our office with questions, comments, or clarifications.
Sincerely,
Jesse Jimenez
Executive Director
Case: 1549SAC
cc: City of Elk Grove – Mayor and Councilmembers
Bobbie Singh-Allen – Email: [email protected] Darren Suen – Email: [email protected]
Rod Brewer– Email: [email protected]
Kevin Spease – Email: [email protected]
Sergio Robles – Email: [email protected]
Justin Bochmann
Field Representative
Foundation for Fair Contracting
3807 Pasadena Avenue, Suite 150
Sacramento, California 95821
One Stop Solutions @ www.ffccalifornia.com
From: Jason Lindgren
Cc: Jason Behrmann; Jonathan Hobbs; Kara Reddig; Matthew Paulin Bcc: Bobbie Singh-Allen; Kevin Spease; Rod Brewer; Sergio Robles; Darren Suen Subject: City of Elk Grove - Application Packet for the 03-08-2023 Measure E Citizens’ Oversight Committee Appointment Consideration
Date: Friday, March 3, 2023 3:01:00 PM
Attachments: image001.png
image002.png
image003.png
image004.png
03-08-23 Measure E Citizens Oversighn Committee Applicants.pdf Good Afternoon Mayor, Vice Mayor, and Council Members,
Attached is the application packet for the five vacancy appointments up for consideration as part of Item 9.2 on the March 8, 2023 regular agenda.
Nineteen (19) applicants submitted applications for consideration.
If you have any questions or concerns regarding this matter, feel free to contact me, 478-2286, [email protected]
.
Jason Lindgren | Office of the City Clerk
City Clerk
City of Elk Grove
8401 Laguna Palms Way, Elk Grove, CA 95758
t 916.478.2286 f 916.627.4400
TTY/TDD 888.435.6092
elkgrovecity.org
Sign Up For City Email Updates
TTY/TDD 888.435.6092
elkgrovecity.org
MEASURE E CITIZENS’ OVERSIGHT COMMITTEE (Listed in order received)
Recruitment Authorization: Wednesday, January 25, 2023
Recruitment Start Date: January 28, 2023
(02-03-23 notice in newspaper)
Application Deadline: Wednesday, March 1, 2023
Recruitment Appointment: Wednesday, March 8, 2023
(Listed in order received)
NOMINEES
NAME CONTACT ADDRESS DISTRICT
1. Alan Lee Veto III
Cell:
E
lk Grove, CA 95624
2 2.
Patricia McGinley
Thomas
Home:
Office:
E
lk Grove, CA 95624
2 3.
Cynthia J. Noakes
Home:
Cell:
E
lk Grove, CA 95757
2 4.
Helena Madera-
Silmi
Home:
E
lk Grove, CA 95758
3 5.
Jaime Lisandro
Gutierrez
Home:
E
lk Grove, CA 95757
4 6.
Harminder Singh
Khangura
Home:
E
lk Grove, CA 95757
4 7.
Eric Charles Walle
Home:
Office:
E
lk Grove, CA 95758
1 MEASURE E CITIZENS’ OVERSIGHT COMMITTEE (Listed in order received)
NAME CONTACT
ADDRESS DISTRICT
8. Lynn Wheat
Home:
E
lk Grove, CA 95624
3 9.
Jennifer L.
Hamarlund
Home:
Office:
E
lk Grove, CA 95757
1 10.
Andrea Klinenberg
Home:
Office:
E
lk Grove, CA 95758
1 11.
Hollis Nancy Erb
Home:
E
lk Grove, CA 95758
1 12.
Diane Lenoir
Lampe
Home:
E
lk Grove, CA 95757
4 13.
Marilyn DeRouen
Home:
E
lk Grove, CA 95758
1 14.
Martha D. Burnett-
Collins
Home:
E
lk Grove, CA 95624
2 15.
Bret Bartholomew
Home:
E
lk Grove, CA 95758
1 MEASURE E CITIZENS’ OVERSIGHT COMMITTEE (Listed in order received)
NAME
CONTACT ADDRESS DISTRICT
16. Christine Ann Soto
Home:
E
lk Grove, CA 95757-3494
4 17.
Brandon Singh
Boparai
Home:
Office:
E
lk Grove, CA 95757
4 18.
Judy A. Covington
Home:
Office:
E
lk Grove, CA 95758-4669
1 19.
Valerie J. Erwin
Home:
E
lk Grove, CA 95624
3 Measure E Citizens’ Oversight Committee Balanced District Dispersion
1 2 3 4 5
District 1 X
District 2 X
District 3 X
District 4 X
Applicants must be at least 18 years of age, reside in the City of Elk Grove, and be registered to vote. A member may not be an officer or employee of the City.
The following qualifications are preferred, but not required, for Committee members:
1) Knowledge of municipal finance, taxation, budgeting, and/or accounting, 2) Knowledge of municipal or governmental services operations, and 3) Knowledge of the local business and/or residential community.
From: Rod Brewer
To: Jason Lindgren; Jason Behrmann
Subject: Fwd: Measure E Citizen Oversight Committee Consideration Date: Tuesday, March 7, 2023 1:22:02 PM
I just saw this Email and similar Emails from the other applicants several minutes ago. Sharing this Email for your awareness.
-Rod
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Outlook for iOS
From: Harry Khangura
Sent: Tuesday, March 7, 2023 9:36:48 AM
To: Bobbie Singh-Allen <[email protected]>; Darren Suen <[email protected]>; Rod Brewer <[email protected]>; Kevin Spease <[email protected]>; Sergio Robles <[email protected]>
Subject: Measure E Citizen Oversight Committee Consideration
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[EXTERNAL EMAIL]
Dear Honorable Mayor and City Council Members,
I am writing to express my interest in being considered for the Citizen's Oversight Committee for the Measure E Public Safety measure. As a concerned citizen, I have been following the developments of this measure closely and I believe that this committee has an important role to play in ensuring its effective implementation.
I have a strong passion for public safety and community involvement, and I am confident that my skills and experience would make a valuable contribution to the committee. My background includes an extensive law enforcement career, which involved being elected to the Board of Directors for the Police Officers Association (POA).
During my time on the Board of Directors of the POA, I was directly involved in two labor contract negotiations and one reopener.
During this time I became
familiar with municipal finances and the long-term effects of financial decisions made for the City along with a thorough understanding of all financial responsibilities of all City accounts.
Furthermore, I have been actively involved in community outreach and volunteering efforts, which have given me insight into the needs and concerns of our city's residents.
I was elected to be the Neighborhood Watch Captain for my neighborhood, along I have been involved with the Parent Teacher Association for Franklin Elementary for five years and have spent the previous three years on the board of directors.
Being on the board was challenging during the COVID-19
pandemic as it required thinking outside the box on how to support families during
these unprecedented times. Ensuring the PTA is meeting the needs expressed by all the parents. I also am a Youth Coach at Elk Grove Soccer where I am involved in the development of hundreds of families, creating community ties to hear the feedback from not only citizens within my direct area, but citizens who are spread out through Elk Grove.
As a member of the Citizen's Oversight Committee, I am committed to ensuring transparency and accountability in the implementation of Measure E. I believe that effective oversight is crucial in building trust between the community and public safety agencies, and I am eager to play a role in promoting this goal.
Thank you for considering my request to serve on the Citizen's Oversight Committee for the Measure E Public Safety and if you would be available to speak with me for a brief moment over the phone to further discuss the position. Along with ideas on how to utilize Measure E funds to ensure our Public Safety and parks is a model for the entire county.
Sincerely,
Harry Khangura
From:
To: Jason Lindgren
Subject: Measure E Advisory Committee support for Bret Bartholomew Date: Tuesday, March 7, 2023 2:47:02 PM
[EXTERNAL EMAIL]
Hello Jason!
Hope your Tuesday is going well. With regards to the measure E citizens advisory group, please share my support for one of the candidates, Bret Bartholomew, who resides in Darren Suen’s district.
I know Bret personally, and I am confident in his ability to assess the different issues and desires of the community weighed against the budget restrictions.
Bret is a solid researcher of facts and always open to gaining new knowledge.
He has a very good way of reacting and interacting with many types of people. He is a good listener.
The council should feel confident if they select him as one of the members.
Thank you so much!
Sharon Anderson
Have a great day!
This message was sent from my iPhone, please pardon Siri’s auto-correction
1 Jason Lindgren
From: Bret Bartholomew >
Sent: Wednesday, March 8, 2023 1:11 PM
To: Jason Lindgren
Subject: Supplemental info RE: Measure E advisory council [EXTERNAL EMAIL]
Hi Jason,
Please share with the city council this supplemental informaƟon for the Measure E Advisory CommiƩee.
Thank you,
‐Bret Bartholomew
Supplemental Info to ApplicaƟon for Measure E Advisory CommiƩee:
Hello, my name is Bret Bartholomew and I just want to reiterate my in terest in the Measure E commiƩee. I have lived
in Laguna West for over 15 years and am a lifelong EG resident. I am acƟve in the community through the EG AnƟ‐Trash group, the Chamber of Commerce as an Ambassador and Project RIDE where I am a Boar d Member .
For the past 3 years I have been a Sales Rep and Brand Ambassador for my family’s winery and vineyard Christopher Cellars/Bartholomew Family Vineyards. With this family business I have gained experience with budget analysis.
My and my family’s involvement in partnership with local government has allowed me to ta ke a look inside the inner workings of government, budgets, staffing, resources, and how it correlates to each jurisdicƟon’s service to residences.
I have aƩended all 4 of the public workshops for Measure E and have a good understanding of what the community wants and needs. With the impa ct that this new influx of tax $ will have I want to make sure that it is spent for the benefit of the enƟre community.
The City, CCSD, business and residenƟal community will all be well served by my parƟcipaƟon in the Measur e E Advisory CommiƩee.
In thinking a liƩle more deeply about the Measure E CiƟzen‘s Advisory CommiƩee, I wanted to illuminate not only my history, my interest, but also my experience in understanding mulƟple layers involved with making recommendaƟons and providing advice as Measur e E unfolds.
History:
I will do whatever it takes to conƟnue to make Elk Grove the best place to live, work, and play. Being raised in the Methodist church we are taught to strive to strengthen the community through service to others. Keeping the neighborhoods and parks clean an d helping new businesses have been prioriƟes of mine.
Interest:
I conƟnue to be involved in the fabric of Elk Grove and I’m interested in assuring that my son, Theo, and other peoples offspring conƟnue to thrive in Elk Grove. I want them to know that Elk Gr ove is safe, clean, beauƟful, and offers
appropriate housing for all.
Through my Ɵme with EG AnƟ‐Trash I have met members of the community from all neighborhoods and seen first hand the need for and benefit of increased CCSD/ City engagement. I am in terested in exploring more deeply the concerns of the residents within our city, so that we can best uƟlize our exisƟng resources within the CCSD and the City to match my interest as well as the interests I will learn about while being on the CommiƩee.
Experience:
2 I have held mulƟple jobs in the past that allowed me to develop my sales and markeƟng skills, as well as my people‐ friendly approach to issues. As a sales representaƟve for Christopher Cellars and as Chamber Ambassador the posiƟons have given me relaƟonships with businesses in Elk Grove that will be beneficial for the commiƩee.
In closing, I have been a loyal Elk Grovian who will conƟnue to be forever faithful to the needs of our community as the Measure E Advisory CommiƩee moves forward with its recommendaƟons. My experience has given me access and
relaƟonships with the business and residenƟal community as well as CCSD and City staff which will substanƟally help the commiƩee in making sure the Measure E funds are spent benefiƟng not just the CSD and City funcƟons but the business and residenƟal community as well.
Respecƞully yours,
‐Bret Bartholomew