NOTICE - City of Compton
Transcription
NOTICE - City of Compton
NOTICE COMPTON CITY COUNCIL AGENDA Tuesday, March 26, 2013 5:45 PM HEARING(S) 5:50 P.M. - JOINT PUBLIC HEARING - PUBLIC HOUSING AGENCY (PHA) 2012 ANNUAL PLAN (Item #13) OPENING ROLL CALL INTRODUCTION OF SPECIAL GUESTS COMMENDATORY RESOLUTIONS/PRESENTATIONS 1. CERTIFICATE OF RECOGNITION - Dr. Janice Exum - Exum Medical Corporation (Councilmember Janna Zurita) 2. PROCLAMATION PROCLAIMING SAFETY SEAT CHECKUP WEEK (March 31 - April 6, 2013) - Mayor and City Council 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 3. MARCH 5, 2013 REPORTS OF OFFICERS AND COMMISSIONS -2- City Council Agenda Tuesday, March 26, 2013 CITY ATTORNEY 4. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AUTHORIZING THE CITY MANAGER TO ISSUE A PURCHASE ORDER TO THOMSON REUTERS FOR THE PURCHASE OF LEGAL PUBLICATIONS/ LEGAL UPDATES AND TO CONTINUE SUBSCRIPTION TO ITS ONLINE LEGAL DATABASE PROGRAM GENERAL SERVICES 5. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AUTHORIZING THE CITY MANAGER TO ISSUE A PURCHASE ORDER TO HILLYARD FLOOR CARE SUPPLY TO PURCHASE TWO FLOOR SCRUBBERS HUMAN RESOURCES 6. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AUTHORIZING THE ISSUANCE OF A PURCHASE ORDER TO THE SOUTHERN CALIFORNIA REGIONAL RAIL AUTHORITY (SCRRA) FOR METROLINK TRAIN PASSES MUNICIPAL LAW ENFORCEMENT SERVICES 7. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AUTHORIZING THE CITY MANAGER TO ISSUE A PURCHASE ORDER AND EXECUTE A CONTRACT WITH DATA TICKET INC. TO PROVIDE ADMINISTRATIVE CITATION PROCESSING AND REVENUE COLLECTION FOR THE CITY END CONSENT AGENDA REGULAR AGENDA REPORTS OF OFFICERS, BOARDS, COMMISSIONS AND COMMITTEES CITY MANAGER'S REPORT 8. A REQUEST TO SCHEDULE A PUBLIC HEARING TO RECEIVE COMMENTS ON THE PROPOSED FISCAL YEAR 2013-2014 ANNUAL ACTION PLAN (April 23, 2013 at 5:50 p.m.) 9. ORAL/POWERPOINT REPORT - COMPTON CREEK MAINTENANCE AND ENHANCEMENTS UPDATE CITY ATTORNEY'S REPORTS -3- City Council Agenda Tuesday, March 26, 2013 UNFINISHED BUSINESS NEW BUSINESS 10. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AUTHORIZING THE CITY MANAGER TO ISSUE A PURCHASE ORDER AND EXECUTE A CONTRACT WITH COMCATE INC. TO PROVIDE ENFORCEMENT DATA BASE SOFTWARE MANAGEMENT SYSTEM FOR THE MUNICIPAL LAW ENFORCEMENT SERVICES DEPARTMENT 11. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AUTHORIZING THE CITY MANAGER TO AMEND THE FISCAL YEAR 2012-2013 BUDGET TO PROVIDE FINANCIAL SUPPORT TO THE COMPTON CHAMBER OF COMMERCE 12. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AUTHORIZING THE CITY MANAGER TO EXTEND THE PROFESSIONAL SERVICES AGREEMENT WITH WOODS CONSULTANTS FOR CABLE AND VIDEO MANAGEMENT CONSULTING SERVICES 13. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON APPROVING SUBMISSION OF THE PUBLIC HOUSING AUTHORITY ANNUAL PLAN (2013-2014) APPROVAL OF WARRANTS 14. Warrant #214496 - Date - 3/13/13 - Name - All Star Interpreting Service Inc. Services - Spanish Interpreting Services for meetings - Amount - $1,500.00 Requested by: City Clerk Warrant #214564 - Date - 3/24/13 - Name - Amtech Elevator Services Services - Payments for Water Samples, Testing and Inspections - Amount $4,594.15 - Requested by: General Services Warrant #213475 - Date - 1/24/13 - Name - MDG Associates Inc. - Services Environmental review re: Maple Street Project and Mapping/Prep of NSP properties - Amount - $2,030.00 - Requested by: CRA Total Amount - $8,124.15 COUNCIL COMMENTS ADJOURNMENT NEXT REGULAR MEETING: Tuesday, April 02, 2013 @ 5:45 PM. Visit our website at http://www.comptoncity.org -4- City Council Agenda Tuesday, March 26, 2013 View Meetings Live at mms://livemedia.comptoncity.org:8080 MARCH 5, 2013 The City Council meeting was called to order at 6:33 p.m. in the Council Chambers of City Hall by Chairperson Eric Perrodin. ROLL CALL Council Members Present: Council Members Absent: Zurita, Dobson, Arceneaux, Jones, Perrodin None Other Officials Present: C. Cornwell. A. Godwin, G. H. Duffey COMMENDATORY RESOLUTIONS/PRESENTATIONS 1. POWERPOINT PRESENTATION 2006-2014 CITY OF COMPTON HOUSING ELEMENT - Planning Department (REAGENDAD) PUBLIC COMMENTS ON AGENDA ITEMS AND NON-AGENDA ITEMS Mark Woods, Channel 36, announced a collaborative effort with YES Youth Build organization to address the City's youth and homeless population. James Smith, president of YES Youth Build, announced that he is trying to bring $1.1 million of Department of Labor funds into the City of Compton to train and educate 100 young people on how to build housing for the homeless. Michael Davis, YES Youth Build representative, sustained that this opportunity would help atrisk youth in Compton to be successful in their careers and in life. Ricky Pitts, YES Youth Build, petitioned the City Council to endow them with a building to train and educate the youth on how to be productive citizens. Michael Davis, YES Youth Build, mentioned that the grant mandates that a building or facility be identified with union personnel to supervise the youth and training operations. Charles Davis, Compton resident and former city clerk, contested the analysis written by the city attorney citing it to not be impartial and in violation of California election codes 9280 and 18661. Mr. Davis stated that he is respectfully requesting that paragraphs two through five be deleted from the analysis and if not, he affirmed that he would exercise every right he has under state of California law. Sherree Costa, Compton resident and CEO of A Touch of Africa Community Center, encouraged the community to take advantage of the information contained in the books, drumming and mentoring services she provides at her home. As a consequence, she requested an opportunity to utilize one of the City’s facilities to operate out of. Benjamin Holifield, Compton resident, conceded that it would be more beneficial to help and prepare the youth for their future before they go to jail. He questioned how the City got into this conundrum and cited that the amount of beer and wine and tobacco related establishments helped to contribute to the City's demise. He held that if 11,000 gang members were to get upset tomorrow the City would reap the consequences similar to the acts of the 1965 Los Angeles riots. He suggested that a state of emergency meeting be held and noted that he was not looking for anything from the City. David Irons, Compton resident, announced that over 300 fruit trees were donated to the community on the corner of Central and Compton Boulevard. Mr. Irons held that Compton has had more Olympians come out of this city than any other place in history; George Bush lived in Compton but the building was demolished. Delores Holbrook, Compton resident and member of the Beautification Commission, thanked City Clerk Alita Godwin, City Attorney Craig Cornwell, City Manager Duffey and the department of human resources for assisting in the process the Volunteer Program for the City of Compton. For more information on the Compton Volunteer Program please visit the City’s website at www.comptoncity.org. Pastor William German, Optimal Learning Academy, stated that he was proud to see an organization committing themselves to the youth and the homeless, and held that when the City and the citizens come together on one accord the City is able to move forward. Cynthia Green-Geter, Compton resident, stated that she would appreciate an answer to her request for compensation due to the damage done to her vehicle. She referenced Item Number Two and asked if a competitive bidding process took place prior to the recommendation from the city manager, and if this company is located in the City of Compton. She went on to reference Item Number Three and inquired about the percentage of Compton located in the flood zone and the bidding process used to identify Ron's Maintenance as the contractor. Councilperson Dobson advised Ms. Geter to file a claim in the City Controller's Office. Councilperson Arceneaux suggested that the information regarding the City's flood zones be brought back on behalf of the community. Michael Turner, Compton resident, asked the City Council to ascertain that each unit in a multiple dwelling development is allowed twenty units of water. Councilperson Arceneaux asked the city manager to determine if some adjustment could be made, as it relates to the units of water used in multi-unit facilities. City Manager Duffey stated that council could direct staff to look into establishing a base rate for multi-unit facilities. Councilperson Arceneaux asked that the information be brought back for council's review. Councilperson Zurita reminded the council that the water rates are based upon the water bonds that were taken out in 2008. Satra Zurita, Compton Unified School Board Trustee, stated that she received several phone calls from people concerned about comments and ticking sounds addressed to her at the podium last week. She held that she was concerned about its meaning and the potential for stalking. She mentioned that she had spoken with Deborah Bowen while in Sacramento regarding election procedures in the City of Compton and she was told that an official would be present at Compton’s election. Ms. Zurita cited her accomplishments and held that she was more than qualified and willing to attend any weekend or weeklong seminars to become a certified city clerk. Charles Strickland, Compton resident, cited his accomplishments and asked Mayor Perrodin if he had a solution to the water bill dilemma. He also asked that the city attorney explain the logistics of Measure I. Lorraine Cervantes, Compton resident, complimented Mayor Perrodin and Councilperson Dobson for running for re-election on April 16th. She went on to report on a situation in which a Compton resident and business owner applied for a proposal which was later opened to another company after the deadline. She petitioned the City Council to look into this matter because it seemed to be a state of affairs that involved kickbacks. Barbara Calhoun, Compton resident and former councilperson, clarified that the ticking sound was in reference to a time clock, and held that she would hate for the other sister to file a restraining order against her like the one who won the election. Ms. Calhoun went on to read the responsibilities for Compton Unified School Board clerk with regard to the duties of the Compton City Clerk. She maintained that someone from the state is always in attendance at every election to observe and that the duties of the City Clerk are not easily duplicated. Joyce Kelly, Compton resident, asked the City Clerk how long it takes to become certified and mentioned that she witnessed the Zuritas in a couple of court cases misusing the law and lose. She held that being a custodian of over 25,000 students is nothing compared to over 100,000 residents in the City of Compton and therefore the City should not elect another person into office with no prior knowledge of the law or what the job entails. Ms. Kelly charged the city attorney for not admonishing the councilperson of the First District for her outburst against the mayor, but yet he wants to make the speakers from the podium follow the rules of decorum. She held that the outburst was totally unprofessional and void of any dignity or African American heritage. She suggested that candidates, running for office, find out about the job they want to take because the community needs people who are worthy of leading and respecting the people of Compton. She further petitioned the voters to pay attention to the information contained in candidate campaign flyers and hold them to it. City Clerk Alita Godwin notified Ms. Kelly that it takes a minimum of four years for someone to become a certified city clerk. Jasmine Barber, Compton resident, introduced a youth and young adult community gospel choir in the City of Compton. She announced that auditions would be held on March 16, 2013 at the Salvation Army from 11 a.m. to 1 p.m. Councilperson Arceneaux wished Ms. Barber good luck in her endeavors. Lynn Boone, Compton resident, referenced Item Number Three and expressed a concern for the timeline of when the analysis of fees actually took place. She also referenced Item Number Four and stated that as a citizen, she would like to investigate the possibilities of contracting out city attorney services. She went on to reference her previous concerns regarding late night air traffic in 2007 and mentioned that she did some research at LAX and discovered that when it is foggy the airplanes have a path that crosses over the City of Compton free of charge. She reported that they are training at night and within the next three years certain airports will be prohibited from training and consequently they will come to Compton. Lastly, she suggested that the city manager schedule a meeting for the non-profit organizations that want to address the homeless or have a site to facilitate their businesses. CONSENT AGENDA On motion by Zurita, seconded by Dobson, the Consent Agenda was approved, by the following vote on roll call: AYES: Council Members - Zurita, Dobson, Arceneaux, Jones, Perrodin NOES: Council Members - None ABSENT:Council Members - None APPROVAL OF MINUTES - There were no minutes to be approved. CITY FIRE DEPARTMENT 2. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AUTHORIZING THE CITY MANAGER TO ESTABLISH A PURCHASE ORDER WITH WEST COAST DOORS INC. FOR THE CARE AND MAINTENANCING OF OUR BAY DOORS AT OUR FOUR FIRE STATIONS (Resolution # 23,706) PUBLIC WORKS-ENGINEERING 3. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AUTHORIZING THE CITY MANAGER TO ENTER INTO AGREEMENTS WITH THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT AND RON’S MAINTENANCE, INC. FOR CATCH BASIN CLEANING SERVICES Mayor Perrodin asked Mr. Kau if Ron's Maintenance Inc. would be responsible for cleaning all of the City's catch basins including the County's that run through Compton. Glen Kau, Interim Public Works Director, replied affirmatively. Mayor Perrodin asked Mr. Kau if the City would be compensated for cleaning the County's catch basins. Mr. Kau remarked that the City would not be compensated because Compton's catch basins connect with and use the County's catch basins at various locations. Mayor Perrodin asked if this proposal was sent out to bid. Mr. Kau indicated that he could provide that information at a later date. Mayor Perrodin asked Mr. Kau if Ron's Maintenance is the only company that provides this service. Mr. Kau reported that there were other companies Mayor Perrodin asked Mr. Kau if he has had an opportunity to review this particular proposal. Mr. Kau remarked that he looked at the staff report and numbers. Councilperson Zurita stated that the background information suggests that the item went out to bid and Ron's Maintenance was determined to be the lowest responsible bidder. Mayor Perrodin read the background information and discovered that it was the Gateway Cities Region that selected Ron's Maintenance. He indicated that the other businesses that bided for the proposal should have been listed as well so that this council could determine if Ron's Maintenance is the best company for the City of Compton. Councilperson Zurita suggested that council trust the recommendation of the Gateway Cities Region of which they are a member. On motion by Arceneaux, seconded by Jones, Resolution # 23,707 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AUTHORIZING THE CITY MANAGER TO ENTER INTO AGREEMENTS WITH THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT AND RON'S MAINTENANCE, INC. FOR CATCH BASIN CLEANING SERVICES" was approved, by the following vote on roll call: AYES: Council Members - Zurita, Dobson, Arceneaux, Jones NOES: Council Members - Perrodin ABSENT:Council Members - None END CONSENT AGENDA REGULAR AGENDA CITY MANAGER'S REPORTS - There were no City Manager's Reports. CITY ATTORNEY’S REPORTS CLOSED SESSION 4. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Coalition of Compton Unions vs. City of Compton, Unfair Practice Charge No. LA-CE-712-M Quinn vs. City of Compton, LASC Case No. BC 485 197 Pursuant to California Government Code Section 54956.9(a) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (3) Potential Cases Pursuant to California Government Code Section 54956.9(b) On motion by Dobson, seconded by Jones, closed session was approved, by the following vote on roll call: AYES: Council Members - Zurita, Dobson, Arceneaux, Jones, Perrodin NOES: Council Members - None ABSENT:Council Members - None UNFINISHED BUSINESS - There was no Unfinished Business. NEW BUSINESS - There was no New Business. APPROVAL OF WARRANTS - There were no warrants to be approved. COUNCIL COMMENTS Councilperson Arceneaux suggested that anyone interested in attending a crucifixion event to attend the “Crucifixion Musical Play” to be held on March 24, 2013 at Emmanuel Presbyterian Church located at 3300 Wilshire Boulevard, Los Angeles. For ticket information contact Rapha at (323) 546-9154 or Sister Nancy Brown at (310) 515-7771 or www.raphamusic.com. Councilperson Arceneaux announced that absentee ballots are scheduled to go out March 18, 2013 and confirmed that she is running for re-election for the Third District. Councilperson Arceneaux requested that the meeting be adjourned in the memory of wrestling coach Joey Davis' mother Bredal Morgan. Councilperson Dobson announced job opportunities in Orange County, San Diego and the Los Angeles Unified School District. For detailed information please call Patricia Hooper at (310) 605-5684. Councilperson Dobson encouraged parents to take advantage of the Youth Spring Break Camp hosted by Compton Parks and Recreation. The cost is $60 per person and pays for the campsite, transportation, food, and fun. For more information contact Anthony Cartwright at (310) 4151566. Councilperson Dobson announced the "Black Business Association: Salute to Black Women Business Conference" event on Sunday, March 30, 2013 at the Sheraton Gateway in Los Angeles. Councilperson Dobson also announced the "Compton Chamber of Commerce Annual Installation Luncheon" to be held on Friday, March 8, 2013 at 12:30 at the Holiday Inn in Torrance. The keynote speaker will be Congresswoman Janice Hahn. Registration is $45 per person. Councilperson Dobson requested that the meeting be adjourned in the memory of long time resident Oscar Wilson. Councilperson Zurita announced that 160 jobs were created by Alloy Processing and Rosewood Medical Center. Councilperson Zurita announced that the old armory property would be going out to bid in July 2013. Councilperson Zurita conceded that, yes, she campaigned and distributed literature claiming that she would reduce the resident’s water rates, but it was not until she actually became a councilperson that she discovered all of the bonds that were placed on the resident’s water bills. Ms. Zurita assured the citizens that she has not forgotten what she said. Councilperson Zurita announced that she would be hosting a townhall meeting to discuss the future of Sebrie Park and the water well. Councilperson Zurita notified the residents that the air traffic over the City of Compton is controlled by the FAA. Councilperson Zurita wished her mother a Happy Birthday. Mayor Perrodin announced that Crystal Stairs Head Start is currently enrolling children ages 3 to 5 of eligible families for school readiness and family services programs. For additional information please call (323) 421-1329. Crystal Stairs will also be hosting a "Spring Bash and Health Fair" to be held on Saturday, March 23, 2013 from 10 to 2 p.m. at 725 West Ramon Street. The meeting recessed to closed session at 8:23 p.m. reconvened at 9:50 p.m. REPORT OUT OF CLOSED SESSION City Attorney Cornwell reported that the entire City Council met in closed session to discuss the following items: Coalition of Compton Unions vs. City of Compton, Case No. LA-CE-71-M. No was action taken. 2) In the case regarding Quinn vs. City of Compton, LASC Case No. BC 485 197. The City Council unanimously agreed to reject the CCP offer in that matter. Both cases were held pursuant to California Government Code Section 54596.9(a). As it relates to conference with legal counsel - anticipated litigation - three potential cases were discussed. In one of the cases: the City Council unanimously agreed to engage the services of Herzlich and Blum LLP. for enforcement and collection services pursuant to California Government Code Section 54956.9(b). ADJOURNMENT On motion by Dobson, seconded by Arceneaux, the meeting was adjourned at 9:52 p.m. in the memory of Oscar Wilson and Bredital Morgan, by the following vote on roll call: AYES: Council Members – Dobson, Arceneaux, Perrodin NOES: Council Members - None ABSENT:Council Members – Zurita, Jones ______________________________ City Clerk of the City of Compton ___________________________ Mayor of the City of Compton March 26, 2013 TO: HONORABLE MAYOR AND COUNCIL MEMBERS FROM: CITY ATTORNEY RE: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AUTHORIZING THE CITY MANAGER TO ISSUE A PURCHASE ORDER TO THOMSON REUTERS FOR THE PURCHASE OF LEGAL PUBLICATIONS/ LEGAL UPDATES AND TO CONTINUE SUBSCRIPTION TO ITS ONLINE LEGAL DATABASE PROGRAM SUMMARY This resolution will authorize the City Manger to issue a purchase order to Thomson Reuters for the purchase of legal publications and updates for the City Attorney’s Office law library and to continue subscription to its online legal database program. BACKGROUND The City Attorney’s office consistently uses its law library and Thomson Reuter’s online legal database to assist with all legal research and litigation support activities. STATEMENT OF THE ISSUE A need has been identified to upgrade certain publications published by Thomson Reuters and to continue the subscription of the online legal database that is utilized in the City Attorney’s Office. ALTERNATIVE The alternative to online research is total reliance on law library publication research, which requires a well-stocked library of numerous and voluminous hardcopy books and publications that are currently accessed through the online legal database. Additionally, every publication in the library must be continuously updated throughout the year to assure the research is legally current. FINANCIAL IMPACT The fiscal impact for this request is $31,000, which has been identified in the City Attorney’s 2012-2013 Fiscal Year budget, Account No. 1001 420 000 4262. Staff Report – Resolution Authorizing Purchase Order Thomson Reuters for Purchase of Legal Publications Subscription of Online Legal Database March 26, 2013, page 2 RECOMMENDATION Staff recommends that the City Council approve the attached Resolution. CRAIG J. CORNWELL CITY ATTORNEY RESOLUTION NO. __________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AUTHORIZING THE CITY MANAGER TO ISSUE A PURCHASE ORDER TO THOMSON REUTERS FOR THE PURCHASE OF LEGAL PUBLICATIONS / LEGAL UPDATES AND TO CONTINUE SUBSCRIPTION TO ITS ONLINE LEGAL DATABASE PROGRAM WHEREAS, the City Attorney’s Office consistently uses its law library and Thomson Reuters online legal database to assist with all legal research and litigation support activities; and WHEREAS, the City Attorney has identified a need to update its law library with current legal publications and to continue utilizing Thomson Reuters online legal database; and WHEREAS, funds have been identified for the legal publications purchases and subscription services in Account No. 1001 420 000 4262 in the 2012-2013 Fiscal Year. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COMPTON DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That the City Manager is hereby authorized to issue a purchase order to Thomson Reuters in an amount not to exceed Thirty One Thousand Dollars ($31,000) for the City Attorney’s office to purchase publications and updates for the City Attorney’s law library and to continue use of Thomson Reuter’s online legal database. SECTION 2. That funds for this purchase order is available in Account No. 1001 420 000 4262 of the Fiscal Year 2012-2013 budget. SECTION 3. That a certified copy of this resolution shall be filed in the offices of the City Manager, City Attorney, City Controller and the City Clerk. SECTION 4. That the Mayor shall sign and the City Clerk shall attest to the adoption of this Resolution. ADOPTED this ___ day of _______________, 2013. ________________________________ MAYOR OF THE CITY OF COMPTON ATTEST: ____________________________________ CITY CLERK OF THE CITY OF COMPTON STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF COMPTON ) )ss ) I, Alita Godwin, 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 to by the City Clerk at a regular meeting thereof held on the ____ day of ________________, 2013. Resolution No. ___________ Page 2 That said Resolution was adopted by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: COUNCIL MEMBERS– COUNCIL MEMBERS– COUNCIL MEMBERS– COUNCIL MEMBERS– ____________________________________ CITY CLERK OF THE CITY OF COMPTON RESOLUTION SIGN-OFF FORM DEPARTMENT: City Attorney RESOLUTION TITLE: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AUTHORIZING THE CITY MANAGER TO ISSUE A PURCHASE ORDER TO THOMSON REUTERS FOR THE PURCHASE OF LEGAL PUBLICATIONS/ LEGAL UPDATES AND TO CONTINUE SUBSCRIPTION TO ITS ONLINE LEGAL DATABASE PROGRAM Ruth Rugley 3/21/2013 12:56:57 PM DEPARTMENT MANAGER’S SIGNATURE DATE REVIEW / APPROVAL Ruth Rugley 3/21/2013 3:59:11 PM CITY ATTORNEY DATE Stephen Ajobiewe 3/21/2013 3:55:10 PM CITY CONTROLLER DATE G. Harold Duffey 3/21/2013 2:04:53 PM CITY MANAGER DATE Use when: Public Works: When contracting for Engineering Services. City Attorney: When contracting for legal services; contracts that require City Attorney’s review. Controller/Budget Officer: Amending Budget; appropriating and/or transferring funds; adding and/or deleting positions; any resolution having account numbers. Asst. City Manager/OAS: All personnel actions. March 26, 2013 TO: HONORABLE MAYOR AND COUNCIL MEMBERS FROM: VAN WILSON, INTERIM GENERAL SERVICES DIRECTOR SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AUTHORIZING THE CITY MANAGER TO ISSUE A PURCHASE ORDER TO HILLYARD FLOOR CARE SUPPLY TO PURCHASE TWO FLOOR SCRUBBERS SUMMARY City Council adoption of the attached Resolution will authorize the City Manager to issue a purchase order to Hillyard Floor Care Supply to purchase two floor scrubbers to maintain the floors at City facilities. BACKGROUND The General Services Department currently owns floor scrubbers that are antiquated and require an excessive amount of chemicals and man hours to operate. With the antiquated machines and recent reduction in staff, the maintenance of floors at City facilities has decelerated. The replacement of the outdated scrubber machine will reduce the use of water and chemicals, staff time and the environmental impact. STATEMENT OF THE ISSUE The following bids were obtained for the two floor scrubbers: VENDOR Empire Floor Machine Hillyard Floor Care Supply Waxie Sanitary Supply AMOUNT $15,201.14 $12,424.60 $12,889.04 The General Services Department wishes to issue a purchase order to Hillyard Floor Care Supply to purchase two floor scrubbers in the amount of $12,424.60. A resolution is required for purchases in excess of $5,000.00, therefore the Department is requesting an additional $2,428.40 to purchase cleaning and custodial supplies from this vendor for a purchase order total of $14,853.00. ALTERNATIVE The alternative would be to purchase the scrubbers from another vendor at a higher cost. Page Two Hillyard Floor Care Supply Resolution March 26, 2013 FINANCIAL IMPACT The funds for these expenditures are in the General Services Department’s 2012-2013 fiscal year budget in account number 1001-600-000-4239 (General Fund- Custodial Supplies) in the amount not to exceed $14,853.00. RECOMMENDATION It is recommended that the City Council adopt the attached resolution authorizing a purchase order to Hillyard Floor Care Supply to purchase two floor scrubbers and cleaning and custodial supplies in the amount of $14,853.00. VAN WILSON INTERIM GENERAL SERVICES DIRECTOR APPROVED FOR FORWARDING: G. HAROLD DUFFEY CITY MANAGER RESOLUTION NO. ___________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AUTHORIZING THE CITY MANAGER TO ISSUE A PURCHASE ORDER TO HILLYARD FLOOR CARE SUPPLY TO PURCHASE TWO FLOOR SCRUBBERS WHEREAS, the General Services Department is responsible for providing attractive and well-maintained facilities for conducting City business and recreational enjoyment; and WHEREAS, the Department currently owns floor scrubbers that are antiquated and require an excessive amount of chemicals and man hours to operate; and WHEREAS, the replacement of the outdated scrubber machines will reduce the use of water and chemicals, staff time and the environmental impact; and WHEREAS, the General Service Department solicited bids and the following companies submitted quotes for two floor scrubbers; and VENDOR AMOUNT Empire Floor Machine Hillyard Floor Care Supply Waxie Sanitary Supply $15,201.14 $12,424.60 $12,889.04 WHEREAS, the General Services Department wishes to issue a purchase order to Hillyard Floor Care Supply for two floor scrubbers in the amount of $12,424.60 plus and additional $2,428.40 to purchase cleaning and custodial supplies for a total of $14,853.00; and WHEREAS, funds for this purchase are allocated in account number 1001600-000-4239. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COMPTON DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That the City Manager is authorized to issue a purchase order to Hillyard Floor Care Supply in the amount $12,424.60 to purchase two floor scrubbers. SECTION 2. That the City Manager is authorized to allocate an additional $2,428.40 for cleaning and custodial supplies. SECTION 3. That funds are available in account number 1001-600-0004239. SECTION 4. That a copy of this resolution shall be filed in the offices of the City Manager, City Controller, City Clerk, and the Department of General Services. Resolution No._____________ Page 2 SECTION 5. That the Mayor shall sign and the City Clerk shall attest to the adoption of this resolution. ADOPTED this ____ day of _______________, 2013. ____________________________________ MAYOR OF THE CITY OF COMPTON ATTEST: _________________________________________ CITY CLERK OF THE CITY OF COMPTON STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF COMPTON: ss I, Alita Godwin, 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 ____________________ 2013. That said resolution was adopted by the following vote to wit: AYES: COUNCIL MEMBERSNOES: COUNCIL MEMBERSABSENT: COUNCIL MEMBERSABSTAIN: COUNCIL MEMBERS- _________________________________________ CITY CLERK OF THE CITY OF COMPTON RESOLUTION SIGN-OFF FORM DEPARTMENT: General Services RESOLUTION TITLE: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AUTHORIZING THE CITY MANAGER TO ISSUE A PURCHASE ORDER TO HILLYARD FLOOR CARE SUPPLY TO PURCHASE TWO FLOOR SCRUBBERS Van Wilson 3/18/2013 8:12:11 AM DEPARTMENT MANAGER’S SIGNATURE DATE REVIEW / APPROVAL Ruth Rugley 3/19/2013 11:35:20 AM CITY ATTORNEY DATE Stephen Ajobiewe 3/19/2013 10:28:36aM CITY CONTROLLER DATE G. Harold Duffey 3/18/2013 10:33:01 aM CITY MANAGER DATE Use when: Public Works: When contracting for Engineering Services. City Attorney: When contracting for legal services; contracts that require City Attorney’s review. Controller/Budget Officer: Amending Budget; appropriating and/or transferring funds; adding and/or deleting positions; any resolution having account numbers. Asst. City Manager/OAS: All personnel actions. March 26, 2013 TO: MAYOR AND CITY COUNCIL MEMBERS FROM: G. HAROLD DUFFEY, CITY MANAGER SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AUTHORIZING THE ISSUANCE OF A PURCHASE ORDER TO THE SOUTHERN CALIFORNIA REGIONAL RAIL AUTHORITY (SCRRA) FOR METROLINK TRAIN PASSES SUMMARY The attached Resolution is for authorization to issue a purchase order to the Southern California Regional Rail Authority (SCRRA) for monthly transit passes. BACKGROUND Federal and State statutes require cities to develop and implement mobile source air pollution reduction strategies consistent with regional air quality goals established by the California Clean Air Act of 1988. The City’s program promotes the use of alternative transportation methods (carpool, bike, walk and public transit) to reduce vehicular congestion and emission. Monthly transit passes are provided for commuting to and from work via SCRRA rail system. Statutes requiring development and implementation of mobile source air pollution reduction strategies also require annual reporting to verify conformance with the requirements and qualifications for continued funding. Continuance of these programs demonstrates the City’s commitment to meeting the goals of reducing congestion and air pollution. FISCAL IMPACT Assembly Bill 2766 authorized an increase in annual vehicle registration fees. State law specifies that these funds be used to reduce mobile source emissions and to carry out related California Clean Air Act activities. There will be no fiscal impact on the City’s General Fund. MAYOR AND CITY COUNCIL MEMBERS SCRRA March 26, 2013/ Page 2 RECOMMENDATION Staff recommends approval of the attached Resolution authorizing the City Manager to issue a purchase order as follows: Vendor SCRRA Amount Account Number Program $65,000.00 2625-56-0000-4269 Public Transit SHAWNA HOLMQUIST HUMAN RESOURCES SPECIALIST G. HAROLD DUFFEY CITY MANAGER RESOLUTION NO. ________________ A RESOLUTION OF THE CITY COMPTON AUTHORIZING PURCHASE ORDER TO THE REGIONAL RAIL AUTHORITY TRAIN PASSES COUNCIL OF THE CITY OF THE ISSUANCE OF A SOUTHERN CALIFORNIA (SCRRA) FOR METROLINK WHEREAS, Federal and State standards require cities to develop and implement mobile source air pollution reduction programs consistent with regional air quality goals established by the California Clean Air Act of 1988; and WHEREAS, the City’s plan for reducing mobile source air pollution provides incentives for carpool, vanpool, bike, walk and public transit modes of travel; and WHEREAS, the City provides monthly rail passes to program participants commuting to and from work on the Southern California Regional Rail Authority Metrolink Train; and WHEREAS, these rail passes are only available through the Southern California Regional Rail Authority. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COMPTON DOES HEREBY RESOLVE AS FOLLOWS: Section 1. That the City Manager is hereby authorized to issue a purchase order to the Southern California Regional Rail Authority for the purchase of Metrolink Train passes. Section 2. That funds for the transit pass program are available through the provisions of AB2766 and are allocated in the Human Resources Department’s budget Account Number 2625-56-0000-4269 for $65,000.00. Section 3. That a certified copy of this Resolution shall be filed with the Human Resources Department, City Controller, City Attorney and City Clerk. Section 4. That the Mayor shall sign and the City Clerk shall attest to the adoption of this Resolution. ADOPTED this __________ day of _______________, 2013. ____________________________ MAYOR OF THE CITY OF COMPTON RESOLUTION NO. ________________ Page 2 ATTEST: ________________________________ CITY CLERK OF THE CITY OF COMPTON STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF COMPTON: ss I, Alita L. Godwin, 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 ____________________, 2013. That said Resolution was adopted by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: COUNCIL MEMBERSCOUNCIL MEMBERSCOUNCIL MEMBERSCOUNCIL MEMBERS- _________________________________ CITY CLERK OF THE CITY OF COMPTON RESOLUTION SIGN-OFF FORM DEPARTMENT: Human Resources RESOLUTION TITLE: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AUTHORIZING THE ISSUANCE OF A PURCHASE ORDER TO THE SOUTHERN CALIFORNIA REGIONAL RAIL AUTHORITY (SCRRA) FOR METROLINK TRAIN PASSES Sheri Eaton 3/6/2013 11:31:34 AM DEPARTMENT MANAGER’S SIGNATURE DATE REVIEW / APPROVAL Ruth Rugley 3/7/2013 12:31:34 PM CITY ATTORNEY DATE Stephen Ajobiewe 3/6/2013 12:42:56 PM CITY CONTROLLER DATE G. Harold Duffey 3/6/2013 12:18:56 PM CITY MANAGER DATE Use when: Public Works: When contracting for Engineering Services. City Attorney: When contracting for legal services; contracts that require City Attorney’s review. Controller/Budget Officer: Amending Budget; appropriating and/or transferring funds; adding and/or deleting positions; any resolution having account numbers. Asst. City Manager/OAS: All personnel actions. MARCH 26, 2013 TO: MAYOR AND CITY COUNCIL MEMBERS FROM: JON THOMPSON, FIRE CHIEF INTERIM DIRECTOR, MUNICIPAL LAW ENFORCEMENT SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AUTHORIZING THE CITY MANAGER TO ISSUE A PURCHASE ORDER AND EXECUTE A CONTRACT WITH DATA TICKET INC. TO PROVIDE ADMINISTRATIVE CITATION PROCESSING AND REVENUE COLLECTION FOR THE CITY SUMMARY The resolution requests authorization for the City Manager to issue a purchase order and execute a three (03) year contract, with two (02) one (01) year options for renewal, with Data Ticket Inc. to provide administrative citation processing and revenue collection for the Municipal Law Enforcement Services Department, Fire Department, Building & Safety Department, and other City departments charged with enforcing the Compton Municipal Code. BACKGROUND The City Council adopted Ordinance No. 2,175 on July 22, 2008, establishing an administrative citation program for violations of the Compton Municipal Code. The ordinance allows for an alternative tool for enforcement of the Compton Municipal Code. Typically, enforcing the City Code will result in a “Notice of Violation,” which consists of education and a time frame for compliance. A “Notice of Violation” is sufficient in many cases; however there are certain instances where stronger enforcement actions are necessary. Generally, code violations may be enforced criminally, as infractions or misdemeanors. Prosecution through the Court system is costly and requires significant staff resources as well as City Attorney time. STATEMENT OF THE ISSUE Currently, the City only enforces its ordinances through voluntary compliance, recordation of a code violation against the title of the property, criminal citation and/or nuisance abatement through the court system. Though the Administrative Citation Program Ordinance has been in effect since July 2008, the enforcement tool it provides for levying fines has not been implemented. Due to limited staffing and expertise in the area of fine collection, the City has been unable to initiate the penalty provisions of the Administrative Citation Program Ordinance. On May 24, 2012, the City issued a Request for Proposal (RFP) to provide administrative citation disposition and revenue collections services to the City. Two companies, Data Ticket Inc. and Turbo Data Inc., submitted a proposal in response to the RFP. A third company, the City of Inglewood, decided not to submit a bid. STAFF REPORT RE RESOLUTION TO EXECUTE A CONTRACT WITH DATA TICKET INC. TO PROVIDE ADMINISTRATIVE CITATION PROCESSING AND REVENUE COLLECTION MARCH 26, 2013 PAGE 2 Data Ticket has quoted $22.00 per administrative citation issued for manual processing or $15.00 per administrative citation issued for electronic processing. This includes notice processing, payment processing, customer service (bi-lingual), interactive voice response, all adjudication services and other additional services. Turbo Data has quoted the cost of $10.00 per administrative citation issued which includes citation entry, citation payments/dispositions, daily payment processing, database management and other additional services. There is also a monthly minimum of $250.00 in administrative citations. Data Ticket offers an escrow banking account, where monies collected from Data Ticket are placed into an account on behalf of the City. Turbo Data collects payments and deposits the monies into the City’s bank account. With Data Ticket the City has access to the Citation Management System from any computer that has internet access. There is no additional charge for this service. With Turbo Data the City has access to the Citation Database from a computer that the City provides. The first two (2) computers (workstations) are included; and each additional computer (workstations) will cost $40.00 per month per computer (workstation). PAYMENT PROVISIONS Item Description Administrative Citations Unit Each Citation Issued Notice Processing Per Notice Mailed Administrative Hearing Processing Per Letter Mailed Administrative Hearings (Optional) Per Hearing (At 2 Citations Per Hour) Franchise Tax Board Processing (SSN Lookup) Franchise Tax Board Collections Third Party Collections (Optional) Online Access to Citation Management System (City Staff) Online Information Portal (Citation Information) Customer Services (Bi-lingual) Handhelds (Optional) Per Social Security Number Data Ticket Cost $22.00 – Manual $15.00 - Electronic Included With Citation Cost Included In The Administrative Hearing Cost $40.00 (Includes Certified Hearing Officers and Notification) Turbo Data Cost $10.00 Per Citation $250.00 Monthly Minimum $1.00 $1.25 Coordinate With The City And The Hearing Officer. (City Will Provide And Pay The Hearing Officer) $3.00 Included With FTB Collections Cost 15% 30% 30% 30% Each Workstation No Charge 1st & 2nd Workstation – No Charge $40.00 For Each Additional Access No Charge No Charge Provided (Included With Citation Cost) 1 Year Lease $262.00 2 Year Lease $151.00 3 Year Lease $114.00 Not Provided (Provided By The City) Percentage of Revenue Collected Percentage of Revenue Collected Provided/Not Provided Per Handheld (Per Month) Not Offered STAFF REPORT RE RESOLUTION TO EXECUTE A CONTRACT WITH DATA TICKET INC. TO PROVIDE ADMINISTRATIVE CITATION PROCESSING AND REVENUE COLLECTION MARCH 26, 2013 PAGE 3 Per Handheld Software (Handheld) Wireless Solution (Handheld) Docked Solution (Handheld) Maintenance/Support (Handhelds) Per Handheld Purchase Price $2600.00 $500.00 (One-Time Fee) Not Offered Not Offered Per Handheld $55.00 Not Offered Per Cradle $150.00 Not Offered Per Handheld $50.00 Not Offered The City of Compton administrative fees are $100.00 for the first violation, $200.00 for the second violation of the same ordinance within one year and $500.00 for each additional violation of the same ordinance within one year. FISCAL IMPACT It is expected that the cost of this service will be offset in part by the revenue intake of the civil fines. Because the program is cost covering, there is no added General Fund burden associated with the contract. Staff estimates that approximately 240 citations may be written over the remainder of the 2012/2013 fiscal year. Based on anticipated billings for the remainder of the fiscal year, gross revenues (at 60% collection rate) could be about $14,400 and the cost to the City would be estimated at $5,280 (not including additional fees). Additional fees will apply if the citation requires referral to the Franchise Tax Board and/or third party Collections. It is undetermined how many accounts will require referral to the Franchise Tax Board and/or Third Party Collections. The total amount recovered may vary depending on the number of violations issued and the amount of citations paid. Staff estimates that for fiscal years 2013/14 and 2014/15, Twenty-five thousand ($25,000.00) dollars may be needed for each year in future budgets. ALTERNATIVE If Council chooses not to approve this resolution, the City would continue to use its existing enforcement tools as described above. RECOMMENDATION Staff recommends that this resolution be adopted authorizing the City Manager to execute a contract with Data Ticket Inc. to provide administrative citation processing and revenue collection for the Municipal Law Enforcement Services Department, Fire Department, Building & Safety Department, and other City departments charged with enforcing the Compton Municipal Code. APPROVED FOR FORWARDING: JON THOMPSON, FIRE CHIEF INTERIM DIRECTOR MUNICIPAL LAW ENFORCEMENT SERVICES G. HAROLD DUFFEY CITY MANAGER RESOLUTION NO. ______________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AUTHORIZING THE CITY MANAGER TO ISSUE A PURCHASE ORDER AND EXECUTE A CONTRACT WITH DATA TICKET INC. TO PROVIDE ADMINISTRATIVE CITATION PROCESSING AND REVENUE COLLECTION FOR THE CITY WHEREAS, the City Council adopted Ordinance No. 2,175 on July 22, 2008, establishing an administrative citation program for violations of the Compton Municipal Code; and WHEREAS, the City of Compton requires such services for administrative citation processing and revenue collection for the Municipal Law Enforcement Services Department, Fire Department, Building and Safety Department and other City Department responsible for enforcing the Compton Municipal Code; and WHEREAS, in response to the City’s Request for Proposal, the bid submitted by Data Ticket, Inc. to provide administrative citation disposition and revenue collections services to the City was the most financially feasible and congruent bid in that it allows access to the Citation Management System from City computers with internet access; and WHEREAS, the City has determined that entering into a multiple year contract with Data Ticket, Inc. will allow for continuity and stability of the services and save the City money in that the costs charged by Data Ticket, Inc. will remain the same for the three (3) year term; and WHEREAS, the City of Compton has determined the utilization of Data Ticket Inc. will aid the City in achieving successful collection of administrative fees and is estimated to increase revenue expectations for 2012-2013 by Fourteen Thousand, Four Hundred ($14,400) Dollars; and WHEREAS, projected expenditures to process citations for the remainder of the current fiscal year are Five Thousand, Two Hundred and Eighty ($5,280) Dollars and funds are available in the Municipal law Enforcement Department’s 2012-2013 fiscal year budget; and WHEREAS, authorization is requested for the City Manager to execute a contract with Data Ticket Inc. to provide administrative citation processing and revenue collection. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COMPTON DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That the City Manager is authorized to enter into a three (03) year contract, with two (02) one (01) year options for renewal, with Data Ticket, Inc. to provide administrative citation processing and revenue collection for the City of Compton. SECTION 2. That a purchase order in the amount of Six Thousand ($6,000.00) Dollars, for services rendered in fiscal year 2012/13 is authorized. SECTION 3. That funds for the remaining term of the agreement shall be allocated in future City budgets. SECTION 4. That funds are available in Account No. 1001-670-000-4269 in the Municipal Law Enforcement Service’s Department fiscal year 2012/13 budget. SECTION 5. That a copy of this resolution shall be filed in the Offices of the City Manager, City Attorney, City Controller, Building & Safety, the Fire Department and the Municipal Law Enforcement Services Department. RESOLUTION NO.________________ PAGE TWO SECTION 6. That the Mayor shall sign and the City Clerk shall attest to the adoption of this resolution. ADOPTED this _________ day of _______________, 2013. ______________________________________ MAYOR OF THE CITY OF COMPTON ATTEST: ___________________________________________ CITY CLERK OF THE CITY OF COMPTON STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF COMPTON: ss I, Alita Godwin, 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 to by the City Clerk at a regular meeting thereof held on the _____ day of ____________________, 2013. That said resolution was adopted by the following vote, to wit: AYES: NOES: ABSENT: COUNCIL MEMBERS– COUNCIL MEMBERS– COUNCIL MEMBERS– ___________________________________________ CITY CLERK OF THE CITY OF COMPTON Scope of Service and Performance Agreement These services are provided by: Data Ticket Inc. a California Corporation 4600 Campus Drive, Suite 200 Newport Beach, California 92660 (hereinafter sometimes referred to as "COMPANY") FOR: THE CITY OF COMPTON 205 SOUTH WILLOWBROOK AVENUE COMPTON, CALIFORNIA 90220 (hereinafter sometimes referred to as "AGENCY"). Data Ticket, Inc. intends to provide for the processing of bails, fines and forfeiture thereof, in connection with the issuance of administrative citations and other debts owed and specified by the AGENCY pursuant to AGENCY municipal code and pursuant to the laws of the State of California. ARTICLE I - CITATION PROCESSING 1.1 Referral and Reconciliation: COMPANY shall receive and process citations received from the AGENCY. COMPANY will provide a reconciliation of the number of citations received from AGENCY weekly. 1.2 Determination of Processable Citations: COMPANY shall screen each citation referred to it by the AGENCY to determine if the citation is processable. If the citation is determined by COMPANY to be unprocessable (e.g., essential processing information is missing), COMPANY shall return the citation to AGENCY for clarification. COMPANY will be paid the contractual rate hereinafter provided, for citations properly returned to the AGENCY as unprocessable. 1.3 Collection and deposit of funds: A direct deposit system shall be employed for all funds received for payment of citations. Deposits shall be made directly into the AGENCY’s account by the COMPANY, with the exception of credit card payments made using VISA, MasterCard and Discover cards belonging to the COMPANY. These payments will be directly deposited into an account held by the COMPANY. Credit card payments are reconciled and remitted on a monthly basis to the AGENCY, but tracked on the citation management software on a daily basis. Citations paid by credit card are marked “paid” real-time immediately upon authorization, thus affording the citizen the opportunity to make payment at any time and have the payment -1– C:\Program Files\Neevia.Com\Document Converter\temp\11193.doc recognized immediately. 1.4 Payment: COMPANY will invoice the AGENCY for services rendered. Payment in full shall be due within thirty (30) days after which interest shall be accrued at the rate of 10% (or lower if any statutes, rules or regulations prohibit this rate). 1.5 Delinquency Notices for Administrative Citations: In accordance with AGENCY ordinance, delinquency notices will be sent to citizens who are not in compliance and have not paid the fines in full. These notices will indicate future actions to be taken in order to collect the fines owed the Agency. 1.6 Franchise Tax Board Interface: The Franchise Tax Board Interagency Intercept Program will be used as the next collection step in the process. A notice merging all debts owed the AGENCY will be sent to the citizen showing the total amount due the AGENCY for Administrative Citations and demanding payment. If payment is not received in full, social security numbers will be attached to each debt and the debt will be placed with the Franchise Tax Board for collections. 1.7 Contested Citations: In the event a citizen disputes the liability for the outstanding administrative citation, COMPANY will advise the citizen of his/her right to request an administrative review/hearing/court appearance. All contested citations will be forwarded to the reviewing agency, hearing administrator or Court within the prescribed time period so that the matter can be adjudicated. (Municipal Code). 1.8 Administrative Review and Hearing: The COMPANY shall be responsible for the scheduling of administrative reviews/hearings to respond to citizens wishing to contest their citations and offers the option to perform and administer those reviews and hearings. The COMPANY will provide a web site for appeal and toll-free numbers for contestants; correspond with contestants and notify them of decisions; maintain records of dispositions and appeal paperwork and refer all paperwork to Court as required. The COMPANY shall not be responsible for the AGENCY'S failure to provide correct or timely infraction information. The AGENCY shall be responsible to pay the $25.00 court-filing fee if the review and administrative hearing decisions are overturned by the court. 1.9 Citations Disposed of by Hearing/Court: The COMPANY may be required, as a result of court action, to reduce or cancel, on an individual basis, citations which have been referred to it. COMPANY shall be paid the contractual rate hereinafter provided for processing the citation regardless of the outcome of court action. COMPANY will maintain records indicating any reduction or cancellation of administrative citations as a result of review/hearing/court action. Citations that are dismissed as a result of review/hearing/court decision will have the dismissal processed by the COMPANY promptly after receipt from the review/hearing/court decision. 1.10 Suspension of Processing: COMPANY will suspend processing on any citation referred to it for processing upon written notice to do so by an authorized officer of the AGENCY. COMPANY will promptly return any citation or facsimile properly requested by the AGENCY. -2– C:\Program Files\Neevia.Com\Document Converter\temp\11193.doc COMPANY will maintain records indicating any suspension of citation as a result of AGENCY'S request. COMPANY shall be paid the contractual rate hereinafter provided for processing the citations suspended by the AGENCY. 1.11 Payments by U.S. Mail: It is the citizen’s responsibility to ensure that payments are received on or before the date due. The date received by the COMPANY will be the criteria to establish any delinquent fees due. 1.12 Citation System Master File Update: COMPANY will regularly update the citation master file for new citations, payments, reductions, cancellations, dismissals and any other pertinent data. ARTICLE II - PAYMENT PROCESSING 2.1 Disposition Processing: COMPANY will maintain all citation dispositions for a minimum of two (2) years. Closed citations will remain on-line for a minimum of two (2) years for research and statistical purposes. 2.2 Payments Processing: COMPANY shall process citation payments on a regular basis. Payments shall be immediately posted in one (1) of three (3) following categories: "Regular Payments" are citations with the correct amount due, paid on or before the due date. This includes payments properly complying with the first Courtesy Notice. "Partial Payments" are citations paid after the due date or those where payment is less than the total amount of due. . "Appeal Requests" including payment are all requests for administrative/court hearings. These requests are sorted so that the payment submitted is immediately posted, an appeal hold is placed on the citation and if needed the original citations and backup documents are retrieved for the appeal to be heard. 2.3 Miscellaneous Letters Processing: COMPANY will receive and review all miscellaneous correspondence. These are generally letters requesting meter checks, refunds, voids, or otherwise setting forth complaints. These letters will be researched by COMPANY and may be forwarded to the AGENCY for proper follow-up. 2.4 Batching Procedures: COMPANY shall maintain effective procedures of internal control. Such procedures shall involve reconciliation of all payments received using generally accepted accounting principles. After proper reconciliation, deposit slips shall be prepared for and deposits made at the appropriate bank, including an itemized listing of all batch numbers included in the deposit. The batch of citation payment documentation shall then be stored in a file room, for a period of two (2) years. 2.5 Cash Payments: COMPANY shall maintain an effective method of handling cash payments. All cash received through the mail, shall be logged in a cash journal. Thereafter, -3– C:\Program Files\Neevia.Com\Document Converter\temp\11193.doc effective internal control procedures shall be implemented to reconcile such payments using generally accepted accounting principles. 2.6 Deposits: All deposits shall be made daily, subject to regular banking hours. Deposits shall be itemized and detailed information will be captured regarding submitted funds. Deposit slips shall be prepared in duplicate, allowing one (1) copy for the bank and one (1) copy for the COMPANY. Deposits shall be directly deposited into the AGENCY'S designated bank account. AGENCY will supply deposit slips and an endorsement stamp to COMPANY. COMPANY shall only have the capability to make deposits on behalf of the AGENCY. 2.7 Revenue Report: preceding month. A monthly revenue report will list all revenues received during the ARTICLE III – WEB SITE 3.1 Citation Management Web Site: The COMPANY offers a web site for AGENCY review of its database, including all citations and information relating to changes in status. 3.2 Citizen Web Site Access: When the AGENCY has web site access, citizens who receive citations will be able to access the web site to review their individual citations, pay on-line and appeal on-line. 3.3 Web Site Interaction: The web site shall “view only” and “interactive” as specified in Section 3.5 below. 3.4 Web Site Reports: Web site reports are available to the AGENCY on a daily, (24/7) schedule. 3.5 Web Site Use: User ID’s and passwords will be assigned to the AGENCY. COMPANY shall provide seven (7) User ID’s and passwords for the Municipal Law Enforcement Services Department, six (6) shall be “view only” and one (1) shall be “interactive.” COMPANY shall provide two (2) User ID’s and passwords for the City Attorney’s Office, one shall be “view only” and one (1) shall be “interactive.” ARTICLE IV – GENERAL 4.1 Public Inquiries: The COMPANY will respond to reasonable inquiry by telephone or letter of a non-judicial nature. Inquiries of a judicial nature will be referred to the AGENCY for determination. 4.2 COMPANY Limitations: COMPANY will not take legal action or threaten legal action in any specific case without AGENCY'S prior approval. 4.3 Use of Approved Forms: AGENCY shall have the right to reasonable approval of all forms, delinquency notices, and correspondence sent by the COMPANY. These must conform to State -4– C:\Program Files\Neevia.Com\Document Converter\temp\11193.doc and local law. 4.4 Books and Records: COMPANY will maintain adequate books or records for administrative citations issued within the AGENCY'S jurisdiction and referred to COMPANY for processing. Such books or records, and related computer processing data, shall be available for reasonable inspection and audit by AGENCY at the COMPANY'S location at reasonable times upon adequate prior notice to COMPANY. 4.5 Ownership: All reports, information, and data, including but not limited to computer tapes, discs, or files furnished or prepared by the COMPANY or its subcontractor (collectively the "Materials") are and shall remain exclusively the sole property of COMPANY, and the AGENCY shall acquire no right or title to said Materials. All computer software and systems, related automated and manual procedures, instructions, computer programs, and data storage media containing same, and written procedures performed hereunder (collectively the "System") are and shall remain exclusively the sole property of COMPANY, and the AGENCY shall acquire no right or title to said Systems. 4.6 Property of AGENCY: All documents, records, discs, files and tapes supplied by AGENCY to COMPANY in performance of this contract are agreed to be and shall remain the sole property of AGENCY. COMPANY agrees to return same promptly to AGENCY no later than sixty (60) days following notice to the COMPANY. The AGENCY shall make arrangements with COMPANY for the transmission of such data to the AGENCY upon payment to COMPANY of any open invoices and the cost of copy and delivery of such information from COMPANY'S computer facilities to AGENCY'S designated point of delivery. 4.7 Confidentiality: In order to enable COMPANY to carry out its work hereunder, to some extent it will have to impart to the AGENCY'S employees information contained in the Materials and Systems (collectively the "CONFIDENTIAL DATA"). The AGENCY agrees that information contained in the data that was marked in writing as "CONFIDENTIAL", "PROPRIETARY" or similarly, so as to give notice of its confidential nature, when submitted to the AGENCY by COMPANY shall be retained by AGENCY in the strictest confidence and shall not be used or disclosed in any form except in accordance with paragraph 4.8 herein below. The AGENCY recognizes that irreparable harm could be occasioned to COMPANY by disclosure of CONFIDENTIAL DATA, which is related to its business, and that COMPANY may accordingly seek to protect such CONFIDENTIAL DATA by enjoining disclosure. 4.8 Consent For Disclosure: No report, information, data, files, or tapes furnished or prepared by COMPANY or its subcontractors, successors, officers, employees, servants, or agents shall be made available to any individual or organization without the prior written approval of AGENCY other than individuals or organization that are reasonably necessary to properly effectuate the terms and conditions of this agreement. This Non-Disclosure obligation shall survive the Termination of this Agreement. 4.9 COMPANY Files: COMPANY shall maintain master files on citations referred to it for processing under this Agreement. Such files will contain records of payments, dispositions, and -5– C:\Program Files\Neevia.Com\Document Converter\temp\11193.doc any other pertinent information required to provide a reasonable audit trail. 4.10 Storage for AGENCY: A. COMPANY agrees to store original citations for the current year, plus two (2) years, at which time they will be returned to AGENCY unless otherwise directed in writing by AGENCY. COMPANY will have such information available on the citation management system for a reasonable time period to permit AGENCY retrieval of such information. AGENCY relieves COMPANY of all liability costs associated with data released by AGENCY to any other person or entity using such data. B. Subsequent to the termination of the contract, COMPANY will return a file containing all data belonging to the AGENCY. ARTICLE V – ADDITIONAL SERVICES 5.1 Other Collections: COMPANY shall retain a percent of payments for delinquent citations that have been processed in accordance with the current Agreement, and meet the following criteria: A. Any other problem or special citations that the AGENCY so designates and refers to COMPANY under this Agreement. 5.2 Postal Rate Increase: The COMPANY will maintain auditable records to document the COMPANY'S actual postage costs associated with the mailing of delinquency notices for unpaid citations and for other mailings related to the processing of correspondence. If there is a postal increase, that increase will be invoiced effective on the date that the postal rate increase goes into effect. ARTICLE VI - REPORTS 6.1 Periodic Reports: COMPANY will submit reports to AGENCY the month following the month in which activity has been reported. The reports will track activities relating to performance under this Agreement. Among the reports which COMPANY will generate are the following: A. B. C. D. Report of Revenue Collected for Period Report for Citations Issued for Period A balanced summary report for issuing AGENCY providing the status of all citations at the beginning of the period, current period activity, and at the end of the period. A report for issuing AGENCY identifying the citations issued, location, violation by each officer. -6– C:\Program Files\Neevia.Com\Document Converter\temp\11193.doc ARTICLE VII - TERM OF CONTRACT AND ADDITIONAL SERVICES 7.1 Term and Renewals: This Agreement shall be for a term of three (3) years, commencing on ______________, 2013, with an option for two (2) one (1) year extensions, if mutually agreed to by AGENCY and COMPANY. 7.2 Cancellation/Termination: If COMPANY fails to perform or breaches any material obligation under this Agreement and such default is not cured within thirty (30) days after written notice thereof, then, in addition to any other remedies, the AGENCY may terminate this Agreement immediately upon written notice. The AGENCY may cancel or terminate this Agreement without cause upon ninety (90) days advance notice thereof. If AGENCY gives notice of cancellation or termination, the COMPANY shall cease immediately all work in progress, unless otherwise directed by the AGENCY. 7.3 Exclusivity: AGENCY agrees to utilize only the services of COMPANY during the term of this Agreement for the provision of those services to be provided by COMPANY pursuant to this Agreement. 7.4 Cost/Process: COMPANY’S compensation for services rendered during the initial three (3) year term of this Agreement shall be based on the Costs Proposal presented by COMPANY as specified in “OPTION 1 – MANDATORY SERVICES”, which is attached hereto and incorporated herein. ARTICLE VIII - CLAIMS AND ACTIONS 8.1 AGENCY Cooperation: In the event any claim or action is brought against COMPANY relating to COMPANY'S performance or services rendered under this Agreement, COMPANY shall notify the AGENCY, in writing, within ten (10) days, of said claim or action. 8.2 Hold Harmless: COMPANY AND AGENCY agree to the following hold harmless clauses. A. COMPANY agrees to indemnify, defend, and hold harmless the AGENCY and its officers and employees against all claims, demands, damages, costs, and liabilities arising out of, or in connection with, the performance by COMPANY or AGENCY or any of their officers, employees, or agents under this AGREEMENT, excepting only loss, injury, or damage caused solely by the negligent acts or omissions of AGENCY or any of its officers or employees. B. AGENCY agrees to indemnify, defend, and hold harmless the COMPANY and its officers and employees against all claims, demands, damages, costs, and liabilities for loss, injury, or damage caused solely by the negligent acts or omissions of AGENCY or any of its officers or employees arising out of, or in connection with, the performance by AGENCY or any of its officers or employees under this AGREEMENT. ARTICLE IX - SUBCONTRACTORS AND ASSIGNMENTS -7– C:\Program Files\Neevia.Com\Document Converter\temp\11193.doc 9.1 Subcontracting: COMPANY is authorized to engage subcontractors, as permitted by law at COMPANY'S own expense, subcontractors shall be deemed agents of COMPANY. 9.2 Assignments: This contract may not be assigned without the prior written consent of the AGENCY. It is understood and acknowledged by the parties that the COMPANY is uniquely qualified to perform the services in this agreement. ARTICLE X - INDEPENDENT COMPANY 10.1 COMPANY'S Relationship: COMPANY'S relationship to AGENCY in the performance of this Agreement is that of an independent COMPANY. Personnel performing services under this Agreement shall at all times be under COMPANY'S exclusive direction and control and shall be employees of COMPANY and not employees of the AGENCY. COMPANY shall pay all wages and salaries and shall be responsible for all reports and obligations respecting them relating to social security, income tax withholding, unemployment compensation, worker's compensation, and similar matters. Neither COMPANY nor any officer, agent, or employee of COMPANY shall obtain any right to retirement benefits or other benefits which accrue to employees of AGENCY, and COMPANY hereby expressly waives any claim it might have to such rights. ARTICLE XI - INSURANCE 11.1 Insurance Provisions: COMPANY shall provide and maintain at its own expense during the term of this Agreement, the following policy or policies of insurance covering its operations hereunder. Such insurance shall be provided by insurer(s) satisfactory to the AGENCY and certificates of such insurance shall be delivered to the AGENCY on or before the effective date of this Agreement. Such certificates shall specifically identify this Agreement and shall not be canceled, reduced in coverage or limits or non-renewed except after thirty (30) days written notice has been given to the AGENCY. All insurance required hereunder shall be primary with respect to any insurance maintained by the AGENCY. Failure of COMPANY, or any of its subcontractors, to procure or maintain insurance as required herein shall constitute a material breach upon which the AGENCY may immediately terminate this Agreement. A) B) Commercial general liability insurance, inclusive of contractual liability, personal injury liability and broad form property damage. Limits shall be in an amount of not less than one million ($1,000,000) dollars per occurrence. Such insurance policies shall name the AGENCY, its officers, agents and employees, individually and collectively, as additionally insured. Commercial automobile liability for owned, non-owned and hired vehicles with not less than one million ($1,000,000) dollars combined single limit, per occurrence for property damage and for bodily injury or death of persons. Such insurance shall include the same additional insured and cancellation notice provisions as specified above and may be combined with the comprehensive general liability coverage required above. -8– C:\Program Files\Neevia.Com\Document Converter\temp\11193.doc C) Throughout the period of Agreement, COMPANY, at its sole cost, shall maintain in full force and affect a policy of workers' compensation insurance covering all of its employees as required by the labor code of the State of California. ARTICLE XII – ENTIRE AGREEMENT 12.1 Integrated Agreement: This contract is intended by the parties as a final expression of their Agreement and also as a complete and exclusive statement of the terms thereof, any prior oral or written Agreement regarding the same subject matter notwithstanding. This Agreement may not be modified or terminated orally and no modification or any claim or waiver of any of the provisions shall be effective unless in writing and signed by both parties. 12.2 Law Applicable: This Agreement shall be construed in accordance with the Laws of the State of California. 12.3 Notice to Parties: Any notice required under this Agreement to be given to either party may be given by depositing in the United States mail, postage prepaid, first-class, addressed to the following: AS TO THE AGENCY: CITY OF COMPTON 205 South Willowbrook Avenue Compton, California 90220 Attn: Director, Municipal Law Enforcement Services (310) 605-6331 (310) 537-1907– fax. AS TO THE COMPANY: DATA TICKET, INC., a California Corporation 4600 Campus Drive, Suite 200 Newport Beach, California 902660 Attn: ( ) ( ) – fax. -9– C:\Program Files\Neevia.Com\Document Converter\temp\11193.doc IN WITNESS WHEREOF, the parties hereto have entered into this Agreement as of the day and year last written below. AGENCY: THE CITY OF COMPTON COMPANY: DATA TICKET, INC. Signature: _________________________ Signature:____________ Print Name: G. Harold Duffey Print Name:______ Title: Title:__________ City Manager Date: __________________________ Date:__ ___ _______ ___ ______ Approved as to form: ______________________________ Craig J. Cornwell, City Attorney Dated: _______________ ATTEST: ______________________________ Alita Godwin, City Clerk Dated: _______________ - 10 – C:\Program Files\Neevia.Com\Document Converter\temp\11193.doc RESOLUTION SIGN-OFF FORM DEPARTMENT: Law Enforcement RESOLUTION TITLE: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AUTHORIZING THE CITY MANAGER TO ISSUE A PURCHASE ORDER AND EXECUTE A CONTRACT WITH DATA TICKET INC. TO PROVIDE ADMINISTRATIVE CITATION PROCESSING AND REVENUE COLLECTION FOR THE CITY Carl Houston 3/12/2013 2:53:07 PM DEPARTMENT MANAGER’S SIGNATURE DATE REVIEW / APPROVAL Ruth Rugley 3/18/2013 4:41:46 PM CITY ATTORNEY DATE Stephen Ajobiewe 3/14/2013 5:28:28 PM CITY CONTROLLER DATE G. Harold Duffey 3/13/2013 12:01:21 PM CITY MANAGER DATE Use when: Public Works: When contracting for Engineering Services. City Attorney: When contracting for legal services; contracts that require City Attorney’s review. Controller/Budget Officer: Amending Budget; appropriating and/or transferring funds; adding and/or deleting positions; any resolution having account numbers. Asst. City Manager/OAS: All personnel actions. March 26, 2013 TO: MAYOR AND COUNCIL MEMBERS FROM: G. HAROLD DUFFEY, CITY MANAGER SUBJECT: A REQUEST TO SCHEDULE A PUBLIC HEARING TO RECEIVE COMMENTS ON THE PROPOSED FISCAL YEAR 2013-2014 ANNUAL ACTION PLAN The City of Compton, as a direct entitlement community to the U.S. Department of Housing and Urban Development (HUD), is required to hold public hearings to receive input from residents on proposed funding allocations for CDBG, HOME, and ESG projects and activities. Therefore, in order to notify the public about the proposed Annual Action Plan, a public hearing is requested for Tuesday, April 23, 2013 at 5:50pm. G. HAROLD DUFFEY CITY MANAGER MARCH 26, 2013 TO: MAYOR AND CITY COUNCIL MEMBERS FROM: JON THOMPSON, FIRE CHIEF INTERIM DIRECTOR, MUNICIPAL LAW ENFORCEMENT SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AUTHORIZING THE CITY MANAGER TO ISSUE A PURCHASE ORDER AND EXECUTE A CONTRACT WITH COMCATE INC. TO PROVIDE ENFORCEMENT DATA BASE SOFTWARE MANAGEMENT SYSTEM FOR THE MUNICIPAL LAW ENFORCEMENT SERVICES DEPARTMENT SUMMARY This resolution requests authorization for the City Manager to execute a contract with Comcate Inc. to provide code enforcement management software for the Municipal Law Enforcement Services Department, for a thirty-nine (39) month term (i.e. April 30, 2012 through June 30, 2015). BACKGROUND Previously, Municipal Law Enforcement personnel used paper files to manage the growing case information for code enforcement. In 2008, Municipal Law Enforcement Services began using Comcate Inc. code enforcement management software, to increase productivity and case management. The software allowed Municipal Law Enforcement personnel to be more efficient at tracking code enforcement cases along with reducing the cost of using paper as a primary source of record keeping. STATEMENT OF THE ISSUE Comcate Inc. provides web based code enforcement management software that enables the Municipal Law Enforcement Services Department to track and manage complaints, inspections and code violations. The code enforcement management software allows Municipal Law Enforcement personnel to add/edit cases, schedule follow-up inspections and receive case information anywhere there is an internet connection. Municipal Law Enforcement personnel are able to check the status of any case within the application and generate reports applicable to specific addresses, violations and/or streets. Notice of violations and other forms can be quickly filled out, printed and mailed to property owners or persons in violation of the Compton Municipal Code. The proposed agreement will include: 1. City-specific customizations to accommodate City specific work flow of the application. 2. Implementation and project management including web-based training. 3. Maintenance and support during normal business hours. 4. Annual upgrade and enhancements. The software will continue to enable the code enforcement division to efficiently manage its resources. STAFF REPORT RE RESOLUTION TO EXECUTE A CONTRACT WITH COMCATE TO PROVIDE ENFORCEMENT MANAGEMENT SOFTWARE MARCH 26, 2013 PAGE 2 FISCAL IMPACT The cost for the application from 04/30/2012 – 04/29/2013 is $16,184.00. Beginning 04/30/2013, there is a revised cost of $14,905.00. This is based on the reduction of users of the code enforcement management software. Starting 04/30/2014, the annual license fee will include an adjustment of a maximum of 5% increase per year. ALTERNATIVE If Council chooses not to approve this resolution, the City would revert back to former record keeping process or find another software vendor by going through the RFP process. This would cause a delay in service, due to the fact that all data is maintained on the vendor's server. The city would need to collect from vendor and transfer into a new vendors system. RECOMMENDATION Staff recommends that this resolution be adopted authorizing the City Manager to execute a contract with Comcate Inc. to continue to provide enforcement database software management system for the Municipal Law Enforcement Services Department. JON THOMPSON, FIRE CHIEF INTERIM DIRECTOR MUNICIPAL LAW ENFORCEMENT SERVICES APPROVED FOR FORWARDING: G. HAROLD DUFFEY CITY MANAGER RESOLUTION NO. ______________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AUTHORIZING THE CITY MANAGER TO ISSUE A PURCHASE ORDER AND EXECUTE A CONTRACT WITH COMCATE INC. TO PROVIDE ENFORCEMENT DATA BASE SOFTWARE MANAGEMENT SYSTEM FOR THE MUNICIPAL LAW ENFORCEMENT SERVICES DEPARTMENT WHEREAS, previously, Municipal Law Enforcement personnel used paper files to manage growing case information for code enforcement; and WHEREAS, the Municipal Law Enforcement Services Department began using Comcate Inc. code enforcement database management software to increases productivity and case management in 2008; and WHEREAS, Comcate Inc. provides a web based code enforcement database management software that enables Municipal Law Enforcement Personnel to create and manage inspections and complaints; and WHEREAS, Municipal Law Enforcement Services Department personnel are able to check the status of any case within the application and generate reports applicable to specific addresses, violations and/or streets; and WHEREAS, the software will continue to enable the code enforcement division to efficiently manage its resources; and WHEREAS, the cost for the application from 4/30/2012 – 04/29/2013 is $16,184.00 and the revised cost of $14,905.00 will begin 04/30/2013; and WHEREAS, authorization is requested for the City Manager to execute a contract with Comcate Inc. to continue and provide enforcement database software management system for the Municipal Law Enforcement Services Department. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COMPTON DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That the City Manager is authorized to execute a contract with Comcate Inc. to continue to provide enforcement database software management system for the Municipal Law Enforcement Services Department. SECTION 2. That the term of the contract with Comcate, Inc. shall be retroactive from April 30, 2012 through June 30, 2015. SECTION 3. That a purchase order be issued to Comcate Inc. for an amount of $31,089.00 ($16,184.00 for 2012-2013 and $14,905.00 for 2013-2014): Account Description Amount 1001-670-000-4269 Other Contractual Services $31,089.00 SECTION 4. That a copy of this resolution shall be filed in the Offices of the City Manager, City Attorney, City Controller, and the Municipal Law Enforcement Services Department. SECTION 5. That the Mayor shall sign and the City Clerk shall attest to the adoption of this resolution. ADOPTED this ____ day of ________________, 2013. ______________________________________ MAYOR OF THE CITY OF COMPTON RESOLUTION NO.________________ PAGE TWO ATTEST: _________________________________________ CITY CLERK OF THE CITY OF COMPTON STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF COMPTON: ss I, Alita Godwin, 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 to by the City Clerk at a regular meeting thereof held on the ____ day of ____________________, 2013. That said resolution was adopted by the following vote, to wit: AYES: COUNCIL MEMBERS– NOES: COUNCIL MEMBERS– ABSENT: COUNCIL MEMBERS– ___________________________________________ CITY CLERK OF THE CITY OF COMPTON LICENSE AND MAINTENANCE AGREEMENT BETWEEN CITY OF COMPTON AND COMCATE, INC. This AGREEMENT is entered into by and between the CITY OF COMPTON, a municipal corporation of the State of California (hereinafter referred to as “CITY”) located at 205 South Willowbrook Avenue, Compton, California 90220, and COMCATE, INC. (hereinafter referred to as “COMCATE”), located at 155 Montgomery Street, Suite 305, San Francisco, California 94104. Authorization to enter into this Agreement is pursuant to Resolution No. _____, adopted by the City Council on ________, 2013. WITNESSETH: That the City and Comcate, for the consideration, terms and conditions herein described, mutually agree as follows: 1.0 Effective Date. The effective date (“Effective Date”) of this Agreement shall be July 1, 2012. 2.0 Services to be Provided and Maintained. 2.1 include: Provide continued use of Comcate’s Code Enforcement Manager (“CEM”), to § Use of CEM by fourteen (14) Code Enforcement Officers (“Full Edit User”) and five (5) managers/supervisors (“Read-Only User”), including up to two (2) generic read-only users § City-specific customizations to accommodate City specific work flow of the application § Implementation and project management, including up to two (2) hours of free web-based training on use of CEM § Routine technical support training with respect to use of CEM § Routine maintenance, trouble shooting, repairs and support as necessary to ensure City’s access to CEM and City’s Data. All support services shall be provided during Comcate’s normal business hours telephonically, via e-mail or via modem connection. Comcate will install “help screens” within CEM to assist City utilize CEM § Hosting of database and SSL-encrypted application on secure server § Web-based embedded help windows License Agreement and Maintenance Agreement – Comcate, Inc. Resolution No. ________ § 3.0 Annual upgrade and enhancements as provided to all Comcate clients. To extent that upgrades of CEM include new modules or features not previously offered as part of CEM as of the Effective Date of this Agreement, City is entitled to maintenance upgrades of CEM within the cost of this Agreement. Term and Termination. 3.1 This Agreement shall run for thirty six (36) months commencing on the Effective Date of this Agreement. 3.2 Either Party may terminate this Agreement at any time upon provision of ninety (90) days written notice to other Party. 4.0 Fees and Payment Schedule. 4.1 License and Maintenance Payment. As continuing compensation for the License granted hereunder, and for the continuing obligation of Comcate to provide software updates, maintenance, training and support as set forth in Section 2.0 above, the City shall pay and Comcate agrees to accept as the “Annual License Fee” the sum of Sixteen Thousand One Hundred Eighty Four Dollars ($16,184.00) for services rendered during the period of April 30, 2012 through April 29, 2013 and that subject to the provisions of the next sentence, the sum of Fourteen Thousand Nine Hundred Five Dollars ($14,905.00) for services rendered beginning April 30, 2013 throughout the remaining term of this Agreement, unless amended pursuant to mutual agreement of the Parties as provided in Section 6.14. The Parties understand and agree that beginning on or about April 30, 2014, the “Annual License Fee” ($14,905.00) shall include an adjustment of a maximum of five percent (5%) per year. In connection with the delivery of any of the services described in this Agreement, Comcate shall also be reimbursed for pre-approved reasonable actual out-of-pocket expenses; such as travel, meals, overnight delivery service, web demo costs, long distance telephone calls, and copying charges. 4.2 Comcate shall be reimbursed within thirty (30) days, or as promptly as fiscal procedures may permit, upon receipt by the City of itemized invoices. If Comcate is seeking reimbursement for its out-of-pocket expenses, the invoices shall also be supported by detailed expense reports and documentation necessary to substantiate the claim for reimbursement. Invoices shall be delivered or mailed to the Director of Municipal Law Enforcement Services Department at the following address: City of Compton, 205 South Willowbrook Avenue, Compton, California 90220. 4.3 Comcate is required to comply with all federal, state and local laws and ordinances applicable to the services provided pursuant to this Agreement. 4.4 In the event of termination, the Comcate shall be entitled to compensation for the undisputed reasonable value of services performed to the effective date of termination; provided, however, that the City may condition payment of such compensation upon the Comcate’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 to the extent completed prior to the effective date of termination. 2 License Agreement and Maintenance Agreement – Comcate, Inc. Resolution No. ________ 5.0 Grant of License and Agreements. 5.1 Comcate grants City a nontransferable right to use of its Code Enforcement webbased software – “Code Enforcement Manager” (CEM). 5.2 City expressly acknowledges that it is solely responsible for any use of the CEM, and such use will be entirely at City’s own risk. City agrees that the CEM shall not be used for or in connection with any illegal purpose (including, but not limited to intellectual property infringement, fraud or defamation). 5.3 Comcate acknowledges that it will “host” the CEM and agrees that it will backup data and take appropriate measures to protect and store City’s data. 5.4 Comcate acknowledges that it shall maintain access rights to City’s Data and shall secure such data and Comcate warrants the CEM can be accessed by Microsoft Internet Explorer 6.0 and above. The Word merge functionality will be supported on Microsoft Word 2000 and above. 5.5 All data and databases are owned by the City and all data, including but not limited to all notes, digital pictures, notices generated by the use of CEM shall be and remain the sole property of City. Upon termination of this Agreement, Comcate will promptly return all of the City’s Data in the possession of Comcate. Comcate shall not use City’s data without the express written consent of the City. 6.0 General Conditions. 6.1 Comcate, its officers, employees, subcontractors, agents and volunteers (collectively hereinafter the “Comcate”), is a wholly independent contractor/provider and not an officer, employee, subcontractor or agent of the City. Neither the City nor any of its officers, employees, agents or volunteers shall have any control over the conduct of the Comcate, except as expressly set forth in this Agreement. Comcate expressly warrants that while engaged in carrying out and complying with any terms and conditions of this Agreement that Comcate shall not at any time or in any manner, represent that Comcate is in any manner officers, employees, agents or volunteers of the City. Comcate shall obtain no rights to retirement, health care or any other benefit that accrue to City officials, officers, or employees. Comcate expressly waives any claim to such rights. 6.2 City and the Comcast 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. 6.3 The expertise and experience of Comcate are material considerations for this Agreement. Comcate shall not assign or transfer any interest in this Agreement or the performance of any of Comcate’s obligations under this Agreement without the prior written consent of the City. Any attempted assignment or transfer of any of Comcate’s rights, duties or obligations arising under this Agreement shall be null and void. 6.4 Comcate, and its permitted assignees, if any, agrees that they, jointly and severally, if more than one individual or entity, shall indemnify and hold City harmless from any and all liability and claims against City by anyone, which arises out of or in connection with the 3 License Agreement and Maintenance Agreement – Comcate, Inc. Resolution No. ________ use of the Software and the database contained therein in the operation of City’s business. The indemnity shall include all costs, attorney fees, and damages which City is required to pay by reason of litigation or claims against City for such reason. Notwithstanding the foregoing, the duty of Comcate to defend, indemnify and hold City harmless shall not extend to such losses, liabilities, suits, obligations, damages, claims, costs, charges or expenses which arise solely for the gross negligence or willful misconduct of the City, or the City’s breach of this Agreement. 6.5 Comcate, 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 Comcate. 6.6 Comcate represents and warrants (i) that Comcate has no obligations, legal or otherwise, inconsistent with the terms of this Agreement or with Comcate’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 Comcate will not use in the performance of its responsibilities under this Agreement any confidential information or trade secrets of any other person or entity and (iv) that Comcate has not knowingly entered into or will enter into any agreement (whether oral or written) in conflict with this Agreement. 6.7 Comcate shall be responsible for paying when due all federal and state income withholding taxes for all earning under this Agreement. Comcate agrees to indemnify City for any claims, costs, losses, fees, penalties, interest, or damages suffered by City resulting from Comcate’s failure to comply with this provision. 6.8 All services rendered hereunder shall be provided in accordance with the requirements of any relevant local, State and Federal laws. 6.9 Comcate and City shall retain as confidential all information and data furnished by the other party that is known to be confidential or proprietary, or which is clearly identified as such, in connection with this Agreement and such information will not be disclosed or used except to the extent that such disclosure or use is reasonable necessary to the performance of this Agreement, or is required by statute, regulation, ordinance, judicial order or other governmental request. 6.10 A waiver or failure to enforce by either party to this Agreement of any breach of any terms, covenants or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 6.11 All notices, demands or requests to be given under this Agreement shall be given in writing and conclusively shall be deemed received when: (a) delivered personally, or (b) on the third business day after the deposit thereof in the United States mail, postage prepaid and addressed as hereinafter provided, or (c) one business day after send by facsimile transmission. TO COMCATE: COMCATE, INC. 155 Montgomery Street, Suite 305 San Francisco, California 94104 Attn: Dave Richmond, President (415) 632-1482 (415) 948-2162 – fax. 4 License Agreement and Maintenance Agreement – Comcate, Inc. Resolution No. ________ TO CITY: CITY OF COMPTON 205 South Willowbrook Avenue Compton, California 90220 Attn: Director, Municipal Law Enforcement Services Department (310) 605-6331 (310) 537-1907 – fax. Note: A copy of any notice provided to the Director shall also be provided to: City Manager, 205 South Willowbrook Avenue, Compton, California 90220. 6.12 The validity and performance of this License shall be governed by the law of the State of California, except as to copyright and trademark matters which are covered by United States laws and international treaties. This License Agreement is deemed entered into at Compton, California. 6.13 The expiration or termination of this License shall not affect provisions of this License which by their terms and meaning are of continuing nature such as the provisions relating to the use or disclosure of trade secrets. 6.14 This License sets forth the entire understanding and agreement between Comcate and City as to the subject matter hereof and merges all prior advertising, discussions, proposals, purchase orders, agreements, communications, and representations between them, whether written or oral. None of the parties shall be bound by any conditions hereof other than as expressly provided in this License. This License may only be modified by a written agreement made subsequent to the date of this License Agreement and signed by an authorized officer of Comcate and the City. 6.15 If any provision of this License Agreement shall be held by a court of competent jurisdiction to be contrary to law, the remaining provisions of this Agreement shall remain in full force and effect. 6.16 If legal action, including an action for declaratory relief, is brought to enforce or interpret the provision of this Agreement, the prevailing party will be entitled to reasonable attorney’s fees, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which the party may be entitled. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement. CITY OF COMPTON COMCATE, INC. Recommended for Approval: By ____________________________ David Richmond, President By ________________________________ Jon Thompson, (Interim) Director Dated: _________________________ Dated: _____________________________ 5 License Agreement and Maintenance Agreement – Comcate, Inc. Resolution No. ________ Approved by: By ________________________________ G. Harold Duffey, City Manager Dated: _____________________________ Approved as to form: By ________________________________ Craig J. Cornwell, City Attorney Dated: _____________________________ ATTEST: By _________________________________ Alita Godwin, City Clerk Dated: ______________________________ 6 RESOLUTION SIGN-OFF FORM DEPARTMENT: Law Enforcement RESOLUTION TITLE: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AUTHORIZING THE CITY MANAGER TO ISSUE A PURCHASE ORDER AND EXECUTE A CONTRACT WITH COMCATE INC. TO PROVIDE ENFORCEMENT DATA BASE SOFTWARE MANAGEMENT SYSTEM FOR THE MUNICIPAL LAW ENFORCEMENT SERVICES DEPARTMENT Carl Houston 3/14/2013 7:24:46 AM DEPARTMENT MANAGER’S SIGNATURE DATE REVIEW / APPROVAL <LegalName> <LegalDate> CITY ATTORNEY DATE Stephen Ajobiewe 3/14/2013 5:33:39 PM CITY CONTROLLER DATE G. Harold Duffey 3/14/2013 9:12:36 AM CITY MANAGER DATE Use when: Public Works: When contracting for Engineering Services. City Attorney: When contracting for legal services; contracts that require City Attorney’s review. Controller/Budget Officer: Amending Budget; appropriating and/or transferring funds; adding and/or deleting positions; any resolution having account numbers. Asst. City Manager/OAS: All personnel actions. March 26, 2013 TO: HONORABLE MAYOR AND COUNCIL MEMBERS FROM: G. HAROLD DUFFEY, CITY MANAGER SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AUTHORIZING THE CITY MANAGER TO AMEND THE FISCAL YEAR 2012-2013 BUDGET TO PROVIDE FINANCIAL SUPPORT TO THE COMPTON CHAMBER OF COMMERCE SUMMARY The City Council will consider a resolution authorizing the establishment of an agreement to provide financial support to the Compton Chamber of Commerce for Fiscal Year 2012-2013. BACKGROUND The Compton Chamber of Commerce, is a private business organization with non profit 501(c)(6) status dedicated to improving the economic environment of the City of Compton. Through the dissemination of business information and sponsorship of events, the Compton Chamber has historically collaborated with the City of Compton in fostering commercial and industrial development growth in the City. In support of the Chamber’s efforts, the City has historically entered into a memorandum of understanding with the Chamber and provided a $4,000 per month stipend for the promotion of City economic incentive programs, which was viewed as an investment in business development for the City of Compton. STATEMENT OF THE ISSUE Due to economic conditions, the memorandum of understanding with the Chamber of Commerce was not funded in Fiscal Year 2012-2013. However, Council has requested that staff place this item on the agenda for discussion of amending this year’s budget and providing the Chamber with $48,000 in annual funding, in the form of a $4,000 monthly stipend (Attachment I). The Chamber has requested funding retroactively to July 1, 2012 and terminating June 30, 2013. The funding request does not include a proposed memorandum of understanding, but does outline key services that have been provided by the Chamber. Staff has collaborated with the Chamber of Commerce during the first 8 months of this fiscal year to identify opportunities to increase membership from the current level of approximately 150 members. There is tremendous growth potential for the Chamber to expand given that there are 6,425 businesses registered to do business in Compton. The City is interested supporting the Chamber to increase visibility and revise membership levels to align with market rates, thereby increasing Chamber revenues. Staff has also approached the Chamber and expressed interest in the City of Compton purchasing membership at the Platinum level to demonstrate the importance of our relationship. Platinum membership with the Chamber of Commerce is approximately $10,000 per year. FISCAL IMPACT Funding for the Chamber of Commerce was not allocated in the Fiscal Year 2012-2013 budget given the City’s current $9.1 million General Fund shortfall. Adoption of a resolution to fund the Chamber in the amount of $48,000 annually adversely impacts the City’s limited General Fund resources. In addition, the City and the Chamber have not resolved a dispute over expenses from the 2012 Christmas Parade. ALTERNATIVES Staff has determined three options for Council consideration regarding Compton Chamber of Commerce funding for the current fiscal year: a. Direct staff to provide full funding for Fiscal Year 2012-2013 in the amount of $48,000, retroactive to July 1, 2012, in the form of a $4,000 per month stipend. This action would require staff to renew a memorandum of understanding with the Chamber of Commerce and return with a resolution authorizing amendment of the Fiscal Year 2012-2013 budget to appropriate funds for this expenditure in the City Manager’s budget. b. Direct staff to provide pro-rated funding for Fiscal Year 2012-2013 in the amount of $16,000, effective March 2013, in the form of a $4,000 monthly stipend. This action would require staff to renew a memorandum of understanding with the Chamber of Commerce and return with a resolution authorizing amendment of the Fiscal Year 2012-2013 budget to appropriate funds for this expenditure in the City Manager’s budget. c. Direct staff to purchase Platinum level membership with the Chamber of Commerce in the amount of $10,000 for Fiscal Year 2012-2013. This action requires an amendment to the Fiscal Year 2012-2013 budget to appropriate funds for this expenditure in the City Manager’s budget (Recommended). RECOMMENDATION Staff does not advise funding for the Chamber in the requested amount of $48,000 given the financial impact on the City’s General Fund. However, it is recommended that City Council direct staff to obtain a Platinum level membership for this fiscal year. In addition, it is also recommended that Council direct staff to continue to work closely with the Chamber of Commerce to facilitate opportunities to expand their membership and return to Council in the next fiscal year with a full memorandum of understanding with the Compton of Chamber. Therefore, staff recommends that Council adopt the attached resolution modifying the Fiscal Year 2012-2013 budget to use salary savings from the City Manager’s office and appropriate $10,000 for professional services to fund Platinum level membership with the Compton Chamber of Commerce. G. HAROLD DUFFEY CITY MANAGER - RESOLUTION NO.____________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AUTHORIZING THE CITY MANAGER TO AMEND THE FISCAL YEAR 2012-2013 BUDGET TO PROVIDE FINANCIAL SUPPORT TO THE COMPTON CHAMBER OF COMMERCE WHEREAS, the Mayor and City Council of the City of Compton are authorized by the laws of the State of California to appropriate and expend funds for the promotion of the intent and goodwill of the City of Compton; and WHEREAS, the City desires to advertise and promote the advantages of the Compton Chamber of Commerce as a commercial and industrial information center, disseminate information relating to these advantages and provide assistance to established commercial and industrial enterprises as to their growth and expansion plans; and WHEREAS, the commercial and industrial expansion of Compton will benefit the residents and taxpayers of the City by generating additional revenues for the City and by providing commercial and industrial growth; and WHEREAS, the promotion of industrial and commercial growth will generate new jobs for Compton residents; and WHEREAS, the Compton Chamber of Commerce has partnered with the City to foster commercial and industrial growth and disseminate information, solicit commercial and industrial prospects, service both established and prospective commercial and industrial enterprises and sponsor special events that promote the commercial areas of the City; and WHEREAS, the City desires to obtain Platinum level membership with the Chamber of Commerce to take full advantage of the economic and marketing services provided. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COMPTON DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That the City Council hereby authorizes the City Manager to amend the Fiscal Year 2012-2013 budget as follows: Decrease: $10,000.00 in account number 1001-510-000-4101 (Permanent Salaries) Increase: $10,000.00 in account number 1001-510-000-4262 (Other Professional Services) SECTION 2. That the City Council hereby authorizes the establishment of Platinum level membership with the Compton Chamber of Commerce. SECTION 3. That the City of Compton shall pay the Compton Chamber of Commerce the sum of Ten Thousand Dollars ($10,000.00) for Platinum membership with the Compton Chamber of Commerce. SECTION 4. That the duration of the Platinum membership with the Compton Chamber of Commerce shall cover the period of July 1, 2012 to June 30, 2013. SECTION 5. That funds for payment shall be allocated in account 1001-510-0004262. RESOLUTION NO.____________ PAGE TWO SECTION 6. That copies of this Resolution shall be sent to and copies filed with the Offices of the City Clerk, City Manager, City Attorney, City Controller and the Compton Chamber of Commerce. SECTION 7. That the Mayor shall sign and the City Clerk shall attest to the adoption of this Resolution. ADOPTED this _______ day of ______________, 2013. -19- ________________________________ MAYOR OF THE CITY OF COMPTON ATTEST: ____________________________________ CITY CLERK OF THE CITY OF COMPTON STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF COMPTON: ss I, Alita Godwin, 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 _________________, 2013. That said resolution was adopted by the following vote, to wit: AYES: COUNCIL MEMBERS– NOES: COUNCIL MEMBERS– ABSENT: COUNCIL MEMBERS– ABSTAINS: COUNCIL MEMBERS– ____________________________________ CITY CLERK OF THE CITY OF COMPTON RESOLUTION SIGN-OFF FORM DEPARTMENT: City Management RESOLUTION TITLE: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AUTHORIZING THE CITY MANAGER TO AMEND THE FISCAL YEAR 2012-2013 BUDGET TO PROVIDE FINANCIAL SUPPORT TO THE COMPTON CHAMBER OF COMMERCE Terrance C. Davis 3/18/2013 11:03:03 AM DEPARTMENT MANAGER’S SIGNATURE DATE REVIEW / APPROVAL Ruth Rugley 3/20/2013 6:58:47 PM CITY ATTORNEY DATE Stephen Ajobiewe 3/21/2013 9:10:53 AM CITY CONTROLLER DATE G. Harold Duffey 3/18/2013 7:03:59 PM CITY MANAGER DATE Use when: Public Works: When contracting for Engineering Services. City Attorney: When contracting for legal services; contracts that require City Attorney’s review. Controller/Budget Officer: Amending Budget; appropriating and/or transferring funds; adding and/or deleting positions; any resolution having account numbers. Asst. City Manager/OAS: All personnel actions. March 26, 2013 TO: HONORABLE MAYOR AND COUNCIL MEMBERS FROM: G. HAROLD DUFFEY, CITY MANAGER OFFICE OF THE CITY MANAGER RE: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AUTHORIZING THE CITY MANAGER TO EXTEND THE PROFESSIONAL SERVICES AGREEMENT WITH WOODS CONSULTANTS FOR CABLE AND VIDEO MANAGEMENT CONSULTING SERVICES SUMMARY The City Council will consider a resolution authorizing the City Manager to extend the existing professional services agreement with Woods Consultant Services (WCS) for cable and video management consulting. BACKGROUND The City of Compton issued a Request For Proposal (RFP) for cable and video management consulting services and Woods Consultant Services (WCS) was awarded the professional services contract on March 2, 2010. Over the last 3 years Woods Consultant Services has provided comprehensive cable and video management services in the following areas: Public information and entertainment to city residents through comprehensive coverage of city events • Press releases and public information notices and • Testing of equipment and pre and post production services. • Woods Consultant Services has provided cable and video management services to the City of Compton since 2006. In addition to advising the City on matters such as, the upgrading of the media facilities and equipment within the City, Woods Consultant Services has produced hundreds of hours of City Council meeting footage and four original TV shows for the City: “A New Compton,” “These Changing Times,” “An Evening of Empowerment”, and “Your Health-Your Life.” Moreover, Woods Consultant Services continues to provide public information disbursements regarding City events and activities including Winter Wonderland, Breakfast with Santa, the Mayor and Pastors’ Quarterly Meeting, the Cesar Chavez Parade and many more. Staff Report – Resolution Extending the Agreement Woods Consulting Services/Cable and Video Management March 26, 2013, page 2 STATEMENT OF ISSUE Although a full year of appropriations was approved in the 2012/13 budget, the Woods Consultant Services contract concluded on March 1, 2013, leaving staff with appropriations authority and an expired contract. Ample funds were budgeted for fiscal year 2012/13 in account number 1001-510-000-4218. Therefore, it is in the best interest of the City to extend the contract to insure that services continue. FINANCIAL IMPACT The Woods Consultant Services contract is currently budgeted for $5,000.00 weekly. The remaining contract has an appropriated balance of approximately $75,000. There should be no additional impact to the general fund from this action. RECOMMENDATION Staff recommends the Council authorize extension of the existing contract with Woods Consulting Services through June 30, 2013. Council should also direct the City Manager to return with an analysis of the existing Cable and Video Management Consultant contract, and prepare an RFQ for future Cable and Video Management Consulting Services for release on or before May 30, 2013. G. HAROLD DUFFEY CITY MANAGER RESOLUTION NO. ___________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AUTHORIZING THE CITY MANAGER TO EXTEND THE PROFESSIONAL SERVICES AGREEMENT WITH WOODS CONSULTANTS FOR CABLE AND VIDEO MANAGEMENT CONSULTING SERVICES WHEREAS, the City has determined the need to retain an experienced professional to provide cable and video services to the City via the government access channel; and WHEREAS, in March 2010, Woods Consultant Services was awarded a three (3) year contract to provide comprehensive cable and video management services to the City; and WHEREAS, although a full fiscal year of appropriations was approved in the 2012-2013 budget for Woods Consultant Services, the term of the agreement expired on March 1, 2013; and WHEREAS, considering the time needed to properly solicit Requests for Qualifications/Proposals and the need to ensure continuity of cable and video services pending completion of the process, it is in the best interest of the City to extend the agreement with Woods Consultant Services through the end of the fiscal year (i.e. June 30, 2013). NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COMPTON DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That the City Manager is hereby authorized to amend the professional services agreement with Woods Consulting Services for video and cable recording services to extend the term to June 30, 2013. All other provisions of the agreement shall remain the same. SECTION 2. That the 2012-2013 Fiscal Year budget includes the funds allocated to pay the Woods Consultant Services agreement through June 30, 2013, in Account No. 1001 510 000 4218. SECTION 3. That certified copies of this Resolution shall be filed with the offices of the City Clerk, City Manager, City Attorney and City Controller. SECTION 4. That the Mayor shall sign and the City Clerk shall attest to the adoption of this Resolution. ADOPTED this _____ day of _____________, 2013. ________________________________ MAYOR OF THE CITY OF COMPTON ATTEST: ____________________________________ CITY CLERK OF THE CITY OF COMPTON STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF COMPTON: ss RESOLUTION NO. ____________ PAGE TWO I, Alita Godwin, 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 __________________, 2013. That said resolution was adopted by the following vote, to wit: AYES: NOES: ABSENT: ABSTAINS: COUNCIL MEMBERSCOUNCIL MEMBERSCOUNCIL MEMBERSCOUNCIL MEMBERS- ___________________________________ CITY CLERK OF THE CITY OF COMPTON RESOLUTION SIGN-OFF FORM DEPARTMENT: City Management RESOLUTION TITLE: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AUTHORIZING THE CITY MANAGER TO EXTEND THE PROFESSIONAL SERVICES AGREEMENT WITH WOODS CONSULTANTS FOR CABLE AND VIDEO MANAGEMENT CONSULTING SERVICES G. Harold Duffey 3/21/2013 2:08:44 PM DEPARTMENT MANAGER’S SIGNATURE DATE REVIEW / APPROVAL Ruth Rugley 3/21/2013 5:45:42 PM CITY ATTORNEY DATE Stephen Ajobiewe 3/21/2013 3:57:51 PM CITY CONTROLLER DATE G. Harold Duffey 3/21/2013 2:09:54 PM CITY MANAGER DATE Use when: Public Works: When contracting for Engineering Services. City Attorney: When contracting for legal services; contracts that require City Attorney’s review. Controller/Budget Officer: Amending Budget; appropriating and/or transferring funds; adding and/or deleting positions; any resolution having account numbers. Asst. City Manager/OAS: All personnel actions. March 26, 2013 TO: THE HONORABLE MAYOR AND COUNCIL MEMBERS FROM: G. HAROLD DUFFEY, CITY MANAGER SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON APPROVING THE SUBMISSION OF THE PUBLIC HOUSING AUTHORITY (PHA) ANNUAL PLAN FOR 2013-2014 SUMMARY The City Council will consider adopting a resolution that will authorize submission of the Public Housing Agency (“PHA”) Annual Plan for 2013-2014 to the United States Department of Housing and Urban Development (“HUD”). BACKGROUND The PHA Plan is a comprehensive guide to the public housing agency mission, goals and objectives, policies, programs, operations and strategies for the local housing needs and goals. There are two (2) parts to the PHA Plan, to wit: the 5-year Plan, which each PHA submits to HUD every 5th fiscal year and the Annual Plan, which is submitted every year. The Annual Plan outlines comprehensive strategies for the jurisdiction in which the PHA is located and certifications of compliance with the PHA Plan and related regulations, in addition to notification to HUD of changes made that were not included in the 5-year Plan. The Annual Plan informs HUD, residents and the public of the PHA’s mission for serving the needs of low-income and very low-income families and the PHA strategy for addressing those needs. STATEMENT OF THE ISSUE The City has adopted the City’s Five-Year Plan (2010-2015), and held a required public hearing to consider the Annual Plan for 2013-2014. Based on that public hearing, the Annual Plan is ready to be submitted to HUD. FISCAL IMPACT This is no fiscal impact. RECOMMENDATION Staff respectfully requests that the City Council approve the attached Resolution. DELMONSHA GREEN, (INTERIM) DIRECTOR COMPTON LOCAL HOUSING AUTHORITY APPROVED FOR FORWARDING: G. HAROLD DUFFEY CITY MANAGER RESOLUTION NO. _________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON APPROVING THE SUBMISSION OF THE PUBLIC HOUSING AUTHORITY (PHA) ANNUAL PLAN FOR 2013-2014 WHEREAS, the United States Department of Housing and Urban Development (“HUD”) requires the development, adoption and implementation of a Public Housing Authority (“PHA”) Annual Plan; and WHEREAS, the City Council conducted a joint public hearing with the Urban Community Development Commission, acting as the Compton Local Housing Authority on March 26, 2013, in compliance with requirements of HUD regulations; and WHEREAS, it is one of the City’s top priorities to effectively and efficiently operate the Compton Housing Authority pursuant to all federal and local rules. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COMPTON DOES HEREBY RESOLVE AS FOLLOWS: Section 1. That the City Council does hereby approve and authorize the submission of the Public Housing Authority Annual Plan for 2013-2014. Section 2. That the City Manager, as needed, is hereby authorized to execute and deliver any and all documents in connection with the 2013-2014 PHA Annual Plan. Section 3. That a certified copy of this Resolution shall be transmitted to the United States Department of Housing and Urban Development. Section 4. That a copy of this Resolution shall be filed in the offices of the City Manager, City Attorney, City Controller, Compton Local Housing Authority and City Clerk. Section 5. That the Mayor shall sign and the Clerk shall attest to the adoption of this Resolution. ADOPTED this ______ day of _____________, 2013. _______________________________ MAYOR OF THE CITY OF COMPTON ATTEST: ___________________________________ CITY CLERK OF THE CITY OF COMPTON STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF COMPTON ) ) ) ss Resolution No. __________ Page 2 I, Alita Godwin, Clerk of the City Council of the City of Compton, hereby certify that the foregoing Resolution was adopted by the Council, signed by the Mayor and attested by the City Clerk at a regular meeting thereof held on the _____ day of ____________, 2013. That said Resolution was adopted by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: COUNCIL MEMBERS– COUNCIL MEMBERS– COUNCIL MEMBERS– COUNCIL MEMBERS– ____________________________________ CITY CLERK OF THE CITY OF COMPTON 03/24/13 Amtech Elevator Services 1/24/13 MDG Associates Inc Environmental review re Maple Street Project and mapping/prep of available NSP properties Payment for water samples, testing and inspections Spanish interpreting services for meetings Services Provided $2,030.00 $4,594.15 $1,500.00 Amount $62,993.38 $5,944.12 $23,449.30 Amount Paid Year to Date ___________________ Council Member __________________ City Manager I hereby certify that the Finance Committee at a regular meeting of the City Council on March 26, 2013 allowed the above demands. ___________________ Council Member I hereby certify that the above demands in the amounts of $ 8,124.15 were approved at a regular meeting of the City Council and reject __________________ as of March 26, 2013. Requested by The Agency (CRA) 213475 Requested by General Services 214564 Requested by City Clerk’s Office 03/13/13 All Star Interpreting Service Inc 214496 Name Date Warrant # WARRANTS APPROVED BY COUNCIL
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