Lathrop City Council
January 9, 2023

January 9, 2023 – Regular Meeting Agenda – 7:00 p.m.

Printed on Recycled Paper See Reverse
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January 9, 2023 – City Council Regular Meeting – 7:00 p.m.

City Council Chamber
390 Towne Centre Drive
Lathrop, California
(209) 941-7200
www.ci.lathrop.ca.us
City Council
Sonny Dhaliwal, Mayor
Paul Akinjo, Vice Mayor
Minnie Diallo
Diane Lazard
Jennifer Torres-O’Callaghan
City Staff
Stephen Salvatore, City Manager
Salvador Navarrete, City Attorney
Michael King, Assistant City Manager
Teresa Vargas, Government Services
Director / City Clerk
Brad Taylor, City Engineer
Tony Fernandes, Information Systems Director
Cari James, Finance Director
Theresa Roland, Human Resources Director
Mark Meissner, Community Development
Director
Todd Sebastian, Parks, Recreation and
Maintenance Services Director
Raymond Bechler, Chief of Police
General Order of Business

1. Preliminary
• Call to Order
• Closed Session
• Roll Call
• Invocation
• Pledge of Allegiance
• Announcements by Mayor/City Mgr.
• Informational Items
• Declaration of Conflict of Interest

2. Presentations

3. Citizen’s Forum

4. Consent Calendar

5. Scheduled Items
• Public Hearings
• Appeals
• Referrals and Reports from
Commissions and Committees
• All Other Staff Reports and/or Action
Items
• Study Sessions

6. Council Communications

7. Adjournment
Order of Discussion
Generally, the order of discussion after introduction
of an item by the Mayor will include comments and
information by staff followed by City Council
questions and inquiries. The applicant, or their
authorized representative, or interested residents,
may then speak on the item; each speaker may only
speak once to each item. At the close of public
discussion, the item will be considered by the City
Council and action taken.

Consent Calendar
Items on the Consent Calendar are considered
routine by the City Council and will be enacted by one
motion and one vote. There will be no separate
discussion of these items unless a Councilmember or
interested resident so requests, in which case the
item will be removed from the Consent Calendar and
considered separately.
1 January 9, 2023 Lathrop City Council Regular Meeting Agenda Page 1 IMPORTANT NOTICE REGARDING THIS MEETING & COVID-19
This public meeting will be conducted in person; all members of the City Council will attend in person. Members of the public are welcomed in person. Please adhere to COVID-19 and social distancing guidelines. This meeting will also be available for public participation by teleconference via ZoomGov at the following link:
https://www.zoomgov.com/s/1605660006?pwd=SHB5VVZpRUNLeX dlb3RSWkVuLzhNZz09
During the meeting, those joining by ZoomGov, will be allowed to speak prior to the close of public comment on an item. If you are using this method, please “raise the hand” feature to inform the City Clerk (meeting host) you wish to speak on the matter.

Please ensure your computer speaker and microphone are fully functional.

For audio / calling in only, dial: +1 (669) 254-5252 or +1 (669) 216-1590 o To request to speak (same as the “raise hand” feature) press *9 / When the City Clerk calls your name, press *6 to unmute.

Meeting Webinar ID: 160 566 0006 / Passcode: 316341
If you are not able to attend the meeting in person or virtually - Public comment/questions will be accepted by email to City Clerk Teresa Vargas at [email protected] or by calling (209) 941-7230 Questions or comments must be submitted by 4:00 p.m., on the day of the meeting.

To address City Council in person, please submit a purple card to the City Clerk indicating name, address, and number of the item upon which a person wishes to speak.

Council Meetings are live-streamed (with Closed Captioning) on Comcast Cable Channel 97, and on the City Council Webpage: https://www.ci.lathrop.ca.us/citycouncil/page/live-stream Addressing the Council
Any person may speak once on any item under discussion by the City Council after receiving recognition by the Mayor. Purple speaker cards will be available prior to and during the meeting. To address City Council, a card must be submitted to the City Clerk indicating name, address and number of the item upon which a person wishes to speak. When addressing the City Council, please walk to the lectern located in front of the City Council. State your name and address. In order to ensure all persons have the opportunity to speak, a time limit will be set by the Mayor for each speaker (see instructions on speaker form). In the interest of time, each speaker may only speak once on each individual agenda item; please limit your comments to new material; do not repeat what a prior speaker has said. If you challenge the nature of a proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to, the public hearing. 2 January 9, 2023 Lathrop City Council Regular Meeting Agenda Page 2 Citizen’s Forum
Any person desiring to speak on a matter, which is not scheduled on this agenda, may do so under the Citizen’s Forum section. Please submit your purple speaker card to the City Clerk prior to the commencement of Citizen’s Forum, or submit your request to speak via the “raise hand” feature in ZoomGov. Only those who have submitted speaker cards, or have expressed an interest to speak, prior to the conclusion of Citizen’s Forum will be called upon to speak.

Please be aware the California Government Code prohibits the City Council from taking any immediate action on an item, which does not appear on the agenda, unless the item meets stringent statutory requirements. The Mayor will limit the length of your presentation (see instructions on speaker form) and each speaker may only speak once on this agenda item.

Please note, the Council Chamber has limited occupancy due to social distancing.

To leave a voice message for all Councilmembers simultaneously, dial (209) 941-7230. To send an e-mail for Councilmembers simultaneously email: [email protected]. This City Council Agenda and meeting materials can be accessed by computer or any smart device at: https://www.ci.lathrop.ca.us/meetings
General Information
For reports citing supplemental documents relating to specific agenda items, these are available for review in the City Clerk’s Office. This agenda was posted at the following locations: City Hall, Community Center, Generations Center, Senior Center, and the LathropManteca Fire District “J" Street and Somerston Parkway Offices. The meetings of the Lathrop City Council are broadcast on Lathrop Comcast Cable Television Channel 97 and live streamed on the City’s website.

Assistance will be provided to those requiring accommodations for disabilities in compliance with the Americans with Disabilities Act of 1990. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility and/or accommodations to this meeting. [28 CFR 35.102-35.104 ADA Title II] Interested persons must request the accommodation at least 2 working days in advance of the meeting by contacting the City Clerk at (209) 941-7230. Information about the City or items scheduled on the Agenda may be referred to:

Teresa Vargas, MMC
Government Services Director / City Clerk
390 Towne Centre Drive
Lathrop, CA 95330
Telephone: (209) 941-7230
3 January 9, 2023 Lathrop City Council Regular Meeting Agenda Page 3

CITY OF LATHROP

CITY COUNCIL REGULAR MEETING
MONDAY, JANUARY 9, 2023
7:00 P.M.

COUNCIL CHAMBER, CITY HALL
390 Towne Centre Drive
Lathrop, CA 95330
AGENDA
PLEASE NOTE: There will be no Closed Session. The Regular Meeting will commence at 7:00 p.m.

1. PRELIMINARY

1.1 CALL TO ORDER

1.2 ROLL CALL

1.3 INVOCATION

1.4 PLEDGE OF ALLEGIANCE

1.5 ANNOUNCEMENT(S) BY MAYOR / CITY MANAGER

1.6 INFORMATIONAL ITEM(S) – None

1.7 DECLARATION OF CONFLICT(S) OF INTEREST

2. PRESENTATIONS

2.1 ECONOMIC DEVELOPMENT QUARTERLY UPDATE

2.2 LATHROP POLICE DEPARTMENT SIX MONTH UPDATE

3. CITIZEN’S FORUM
Any person desiring to speak on a matter, which is not scheduled on this agenda, may do so under Citizen’s Forum. Please submit a purple speaker card to the City Clerk prior to the commencement of Citizen’s Forum. Only those who have submitted speaker cards, or have expressed an interest to speak, prior to the conclusion of Citizen’s Forum will be called upon to speak. Please be aware the California Government Code prohibits the City Council from taking any immediate action on an item, which does not appear on the agenda, unless the item meets stringent statutory requirements. The City Council can, however, allow its members or staff to briefly (no more than five (5) minutes) respond to statements made, to ask questions for clarification, make a brief announcement or report on his or her own activities. 4 January 9, 2023 Lathrop City Council Regular Meeting Agenda Page 4 (See California Government Code Section 54954.2(a)). Unless directed otherwise by a majority of the City Council, all questions asked and not answered at the meeting will be responded to in writing within 10 business days. ALL PUBLIC COMMENTS MUST

BE MADE IN COMPLIANCE WITH THE LATHROP CITY COUNCIL HANDBOOK OF RULES AND PROCEDURES!

4. CONSENT CALENDAR
Items on the Consent Calendar are considered routine by the City Council and will be enacted by one motion and one vote. There will be no separate discussion of these items unless the Mayor, Councilmember, or citizen so requests, in which event the item will be removed from the Consent Calendar and considered separately.

4.1 WAIVING OF READING OF ORDINANCES AND RESOLUTIONS
Waive the Reading in Full of Ordinances and Resolutions on Agenda and Adopt by Reading of Title Only, Unless Otherwise Requested by the Mayor or a Councilmember

4.2 APPROVAL OF MINUTES
Approve Minutes for the Special Council Meeting of December 12, 2022

4.3 APPROVAL OF MINUTES
Approve Minutes for the Regular Council Meeting of December 12, 2022

4.4 APPROVE OUT-OF-STATE TRAVEL FOR CITY STAFF TO PARTICIPATE IN THE IAMC SPRING FORUM IN APRIL 2023
Adopt Resolution Authorizing Out-of-State Travel for the Economic Development Administrator to Attend and Represent the City of Lathrop at the Industrial Asset Management Council’s Spring 2023 Forum in Biloxi, Mississippi from March 31, 2023 – April 5, 2023 CEQA STATUS: Staff has determined that this is not a Project as defined in Section 15378 of the CEQA Guidelines

4.5 APPROVE OUT-OF-STATE TRAVEL AUTHORIZING THE PARKS,

RECREATION, AND MAINTENANCE SERVICES DIRECTOR AND
RECREATION MANAGER TO ATTEND THE REC C.A.M.P. (COMMUNITY

ARCHITECTURE MANAGEMENT AND PLANNING) CONFERENCE IN

BOULDER, COLORADO
Adopt Resolution Authorizing Out-of-State Travel for the Parks, Recreation, and Maintenance Services Director and Recreation Manager to Attend the REC C.A.M.P. (Community Architecture Management and Planning) Conference, June 5 - 9, 2023, in Boulder, Colorado CEQA STATUS: Exempt According to California Environmental Quality Act Article § 15061(b)(3), by the “Common Sense Exemption” 5 January 9, 2023 Lathrop City Council Regular Meeting Agenda Page 5

4.6 APPROVE PROFESSIONAL TECHNICAL SERVICES AND SUPPORT

AGREEMENT WITH MCC CONTROLS LLC DBA PRIMEX FOR THE SCADA

SYSTEM FOR CITYWIDE INFRASTRUCTURE
Adopt Resolution Approving a Professional Technical Services and Support Agreement with MCC Controls LLC dba Primex for the City of Lathrop’s Supervisory Control and Data Acquisition (SCADA) System for Citywide Infrastructure
CEQA STATUS: Not a Project as defined in Section 15378 of the State CEQA Guidelines

4.7 APPROVE A MEMORANDUM OF UNDERSTANDING (MOU) RELATED TO

FUNDING FOR THE MOSSDALE TRACT AREA PROJECTS BETWEEN
SJAFCA, THE CITY OF STOCKTON, AND THE CITY OF MANTECA;

DELEGATE AUTHORITY FOR THE CITY MANAGER TO EXECUTE
Adopt Resolution Approving a Memorandum of Understanding (MOU) R elated to Funding for the Mossdale Tract Area Projects Between SJAFCA, the City of Stockton, and the City of Manteca; Delegate Authority for the City Manager to Execute
CEQA STATUS: Exempt according to California Environmental Quality Act Article 5 §15061 (b) (3), Common Sense Exemption

4.8 APPROVE AMENDED AGREEMENT AND LEASE BETWEEN THE CITY OF

LATHROP AND TESLA, INC FOR THE CROSSROADS PARKING LOT
Adopt Resolution Approving an Amended Agreement and Lease between Tesla, Inc. and the City of Lathrop for Crossroads Parking CEQA STATUS: Not a Project as Defined in Section 15378 of the CEQA Guidelines

4.9 APPROVE CONTRACT CHANGE ORDER NO. 1 WITH WEST COAST ARBORISTS, INC. FOR GRID C TREE PRUNING AND MAINTENANCE Adopt Resolution Approving Contract Change Order No.1 with West Coast Arborists, Inc. for Stonebridge Grid C Tree Pruning and Maintenance
CEQA STATUS: Not a Project as defined in Section 15378 of the State CEQA Guidelines

4.10 RATIFY CONTRACT CHANGE ORDER NO. 14, 15 AND 25; APPROVE CONTRACT CHANGE ORDER NO. 23, 26, 27, 28 AND 29 WITH DAVID SILVA, DBA SILVA LANDSCAPE; AND APPROVE RELATED BUDGET

AMENDMENTS
6 January 9, 2023 Lathrop City Council Regular Meeting Agenda Page 6 Adopt Resolution Ratifying Contract Change Order No. 14, 15, and 25; Approve Contract Change Order No. 23, 26, 27, 28, and 29 with David Silva, dba Silva Landscape for Park Landscape and Streetscape Maintenance; and Approve Related Budget Amendments
CEQA STATUS: Not a Project as defined in Section 15378 of the State CEQA Guidelines

4.11 CREATE CAPITAL IMPROVEMENT PROJECT (CIP) GG 23-11, LATHROP

ANIMAL SHELTER, AND APPROVE INTER-FUND LOAN
Adopt Resolution Creating CIP GG 23-11, Lathrop Animal Shelter, and Approving Inter-fund Loan
CEQA STATUS: The City finds this is not a project as defined in Section 15378 of State CEQA Guidelines

4.12 ACCEPT PUBLIC IMPROVEMENTS ASSOCIATED WITH SUBDIVISION IMPROVEMENT AGREEMENT (SIA) FOR TRACT 4062 AND EP NO. 2022- 09 FROM LATHROP LAND ACQUISITION, LLC, LOCATED WITHIN CLSP NEIGHBORHOOD 1C (TRACT 4062), AND APPROVE BUDGET

AMENDMENT FOR MAINTENANCE CONTRACTS
Adopt Resolution Accepting Public Improvements Associated with SIA for Tract 4062 and Encroachment Permit No. 2022-09 from Lathrop Land Acquisition, LLC, Located within CLSP Neighborhood 1C (Tract 4062) and Approving Budget Amendment for Maintenance Contracts with David Silva, dba Silva Landscape, and St. Francis Electric, LLC CEQA STATUS: Not a Project as defined in Section 15378 of the State CEQA Guidelines

4.13 AUTHORIZE FUNDING OF FIVE (5) ADDITIONAL POLICE OFFICER

POSITIONS FOR THE LATHROP POLICE DEPARTMENT AND RELATED

BUDGET AMENDMENTS
Adopt Resolution Authorizing the Funding of Five (5) Additional Police Officer Positions, Amending the Position Control Roster, Amending the Sworn Compensation Plan and Related Budget Amendments
CEQA STATUS: Not a Project as Defined in Section 15378 of the State CEQA Guidelines

5. SCHEDULED ITEMS

5.1 ESTABLISH A FAÇADE AND SIGNAGE IMPROVEMENT GRANT PROGRAM

LIMITED TO RETAIL AND OFFICE BUILDING USES WITHIN SPECIFIED

CITY BOUNDARIES, AUTHORIZE USE OF MEASURE D PROGRAM

FUNDING, AND APPROVE RESPECTIVE BUDGET AMENDMENT
7 January 9, 2023 Lathrop City Council Regular Meeting Agenda Page 7 Council to Discuss and Consider Adopting a Resolution to Establish a Façade and Signage Improvement Grant Program and Authorize Its Funding with the Use of Measure D Program Funds Pursuant to a Budget Amendment
CEQA STATUS: The project is exempt according to the California Environmental Quality Act (CEQA) Article 5, § 15061(b)(3), by the “Common Sense Exemption”

5.2 CITY COUNCIL DISCUSSION REGARDING REGULATION AND

LIMITATION OF HOTEL ESTABLISHMENTS
City Council to Discuss and Provide Staff Direction as to Whether to Prepare an Ordinance for Review by the Planning Commission and Subsequent Consideration of the City Council, for Regulation and Limitation of Hotel Establishments
CEQA STATUS: The project is exempt according to the California Environmental Quality Act (CEQA) Article 5, § 15061(b)(3), by the “Common Sense Exemption”

6. COUNCIL COMMUNICATIONS

6.1 MAYOR & COUNCILMEMBER COMMITTEE REPORT(S)
• Central Valley Executive Committee/LOCC (Akinjo/Diallo) • Council of Governments (Lazard/Diallo)
• Integrated Waste Management Solid Waste Division (Akinjo/TorresO’Callaghan) • Reclamation District 17 Joint Powers Authority (Salvatore) • San Joaquin Partnership Board of Directors (Salvatore) • San Joaquin County Commission on Aging (Zavala)
• San Joaquin Valley Air Pollution Control District (Akinjo/Dhaliwal) • Water Advisory Board (Torres-O’Callaghan/Lazard)
• Tri Valley-San Joaquin Valley Regional Rail Authority (Akinjo) • San Joaquin Area Flood Control Agency (Akinjo & Lazard) • LAFCo (Diallo)

6.2 MAYOR & COUNCILMEMBER COMMENT(S)

7. ADJOURNMENT
/Teresa Vargas/
Teresa Vargas, MMC
Government Services Director/
City Clerk
8 ITEM 4. 2
t

CITY OF LATHROP

CITY COUNCIL SPECIAL MEETING
MONDAY, DECEMBER 12, 2022, 6: 00 P. M.

COUNCIL CHAMBER, CITY HALL
390 Towne Centre Drive, Lathrop, CA 95330

MINUTES
PLEASE NOTE: There was a Closed Session, which commenced at 5: 08 a. m. The Snecia! Meetinq reconvened at 6: 07 v.m.

1. PRELIMINARY

1. 1 CALL TO ORDER - Mayor Dhaliwal called the meeting to order and recessed to Closed Session at 5: 08 p. m.

1. 2 CLOSED SESSION

1. 2. 1 CONFERENCE WITH LEGAL COUNSEL: Anticipated Litigation - Significant Exposure to Litigation Pursuant to Government Code Section 54956. 9( b)
1 Potential Case
RECONVENE - Mayor Dhaliwal reconvened the meeting at 6: 07 p. m.

1. 2. 2 REPORT FROM CLOSED SESSION
City Attorney Salvador Navarrete reported that direction was provided in regards to Item 1. 2; reported that the City Council authorized the City Manager to execute Settlement Agreements with those assessed ( fined) more than $ 20, 000 on code enforcement cases, and those similarly situated; no other reportable action.

1. 3 ROLL CALL Present: Mayor Dhaliwal; and Councilmembers: Akinjo, Diallo and Torres- O' Callaghan

Absent: Vice Mayor Lazard

1. 4 INVOCATION - Pastor Troy Stein, Grace Community Church, provided the invocation.

1. 5 PLEDGE OF ALLEGIANCE - Pastor Troy Stein led the pledge of allegiance.

2. SCHEDULED ITEMS

2. 1 CITY COUNCIL ELECTION AND REORGANIZATION

2. 1. 1 DECLARATION AND CERTIFICATION OF THE NOVEMBER 8, 2022

GENERAL ELECTION RESULTS
December 12, 2022 Lathrop City Council Special Meeting Minutes Page 1 9 City Clerk Teresa Vargas provided the resuits of the November 8, 2022, General Municipal Election, certified by the San Joaquin County Registrar of Voters on December 2, 2022.

On a motion by Councilmember Akinjo, seconded by Councilmember Diallo, the City Council adopted Resolution 22- 5190 reciting the fact of the General Municipal Election held on November 8, 2022, declaring the result and such other matters as provided by law.

Ayes: Akinjo, Diallo, Torres- O' Callaghan, and Dhaliwal Noes: None

Absent: Lazard
Abstain: None

2. 1. 2 PRESENTATION OF CERTIFICATE OF ELECTION AND OATH OF

OFFICE TO NEWLY ELECTED OFFICIALS
City Clerk Teresa Vargas provided official Oaths of Office to all Elected Officials. The following ceremonial Oaths of Office were provided in the following order:

Ryan Largo, deputized to administer the ceremonial Oath of Office by City Clerk Teresa Vargas, administered the ceremonial Oath of Office to Councilmember Paul Akinjo, and provided the Certificate of Election.

Mayor Dhaliwal stated that Vice Mayor and re- elected
Councilmember Diane Lazard was unable to receive the Oath of Office due to family obligation. The official Oath of Office will be provided by City Clerk Teresa Vargas as soon as conveniently possible, or by the next Regular City Council Meeting, whichever is fi rst.

Ash Ramilay, deputized to administer the ceremonial Oath of Office by City Clerk Teresa Vargas, administered the ceremonial Oath of Office to Mayor Sonny Dhaliwal, and provided the Certificate of Election.

2. 1. 3 COMMENTS BY NEWLY ELECTED OFFICIALS
Mayor and Councilmembers made various comments on the matter, including expressed appreciation to their families, constituents, staff and Elected Officials in attendance.

Stockton Mayor Kevin Lincoln and Stockton Councilmember Kimberly Warmsley ( in person speakers) congratulated the newly elected Mayor and Council Members, and expressed their continued support in working together. Gloryanna Rhodes ( in person speaker) congratulated the newly elected Mayor and Council Members.

December 12, 2022 Lathrop City Council Special Meeting Minutes Page 2 10 2. 1. 4 APPOINTMENT OF VICE MAYOR
Mayor Dhaliwal provided an overview of the appointment process, and appointed Councilmember Paul Akinjo as Vice Mayor for 2023.

2. 1. 5 MAYOR AND COUNCILMEMBER ASSIGNMENTS TO SERVE ON OUTSIDE AGENCY BOARDS, COMMISSION & COMMITTEES FOR 2023 Mayor Dhaliwal requested Council consideration on maintaining the same assignments as 2022. Council consensus directed the City Clerk to keep assignments for 2023 unchanged from 2022.

The items presented on this Special Meeting City Council Agenda, were not considered Project( s)" as defined in 15378 of the State CEQA Guidelines.

PLEASE NOTE: There was a brief reception following Item 2. 1. 5, right before tl e Regularly Scheduled Meeting.

3. AD] OURNMENT - Mayor Dhaliwal adjourned the Specia) Meeting at 6: 48 p. m.

The City Council held a brief public reception celebrating the newly elected City Council, prior to the Regular Meeting for Monday, December 12, 2022, scheduled to commence at its regularly scheduled time of 7: 00 p. m. r
Te esa Vargas, MC
overnment Services Di tor/
City Clerk
This meeting was called by a majority of the City Council per Government Code Section 54956.

Members of rhe public interested in addressing the City Council during this Special Meeting may address the item( s), which have been described in the notice of this Special Meeting in accordance with Government Code Section 54954. 3( a).

December 12, 2022 Lathrop City Council Special Meeting Minutes Page 3 11 12
ITEM 4. 3

CITY OF LATHROP

CITY COUNCIL REGULAR MEETING
MONDAY, DECEMBER 12, 2022
7: 00 P. M.

COUNCIL CHAMBER, CITY HALL
390 Towne Centre Drive
Lathrop, CA 95330

MINUTES

1. PRELIMINARY

1. 1 CALL TO ORDER - Vice Mayor Akinjo called the meeting to order at 7: 27 p. m.

1. 2 ROLL CALL Present: Vice Mayor Akinjo; and Councilmembers:

Diallo and Torres- O' Callaghan.

Absent: Mayor Dhaliwal and Councilmember Lazard

1. 3 ANNOUNCEMENT( S) BY MAYOR / CITY MANAGER
City Manager Stephen Salvatore provided a summary of the San Joaquin Area Flood Control Agency advocacy trip to Washington, D. C. to obtain federal interest in the Mossdale Tract Project. City Manager Stephen Salvatore also announced that City Engineer Brad Taylor recently received his California Traffic Engineer License, and his knowledge will assist with various traffic relate projects and studies.

1. 4 INFORMATIONAL ITEM( S) - NONE

1. 5 DECLARATION OF CONFLICT( S) OF INTEREST - NONE

2. PRESENTATIONS

2. 1 PRESENTATION PROVIDING AN UPDATE ON THE CORPORATION YARD IMPROVEMENTS PROJECT, CIP GG 21- 13
Assistant City Manager Michael King provided a brief summary on the progress of the Corporation Yard Capital Improvement Project, GG 21-

13. A question and answer period followed.

2. 2 MAYOR' S COMMITTEE REPORT( S)
Parks, Recreation and Maintenance Services Director Todd Sebastian reported on various past and upcoming events and programs, some of the highlights included:

December 12, 2022 Lathrop City Council Regular Meeting Minutes Page 1 13 Past Special & Holiday Events
Provided an overview on various past holiday events, such as:

Donuts with Santa", " Christmas Tree Lighting", and the Christmas Parade"; and other special events, such as: " Trunk or Treat" and " Veterans Day"
Senior Center Programs
Provided an overview on various past events: Murder Mystery", Sweet Socials", and " Senior Spooktacular"
Youth Development
Provided an overview on various past and upcoming events:

Culinary Kids" multiple session available for ages 5- 12; " Build It" held in October and November for ages 5- 12; and " Fall Break Camp" held October 10- 14 for ages 5- 12. Upcoming events:

Cookie Baking Class" scheduled for December 8; " Parent + Me Gingerbread Day" scheduled for December 14, " Kids Night Out" scheduled for December 16, and ` Winter Break Camps" scheduled for December 19- 22 and 27- 29, for ages 5- 12.

Teen Programs
Provided an overview on various past and upcoming events:

Teen Halloween Party" held October 21; ' Teen Chopped
Challenge" held November 18; and upcoming event ' Retro Night" scheduled for January 20, 2023, for grades 7- 12tn
Announced the launch of the new City of Lathrop " Lathrop Cares" application, available for mobile phone download.

3. CITIZEN' S FORUM
Jim Hilson ( in person speaker) expressed concern with the loose gravel residue due to the street resurfacing project, and commented on the commercial truck traffic on Lathrop Road. Reverend Lou Davis ( in person speaker) announced his recent relocation to another nearby community and expressed his appreciation to the City Council and staff. Kyre Smith ( zoom speaker) expressed concern with illegal short- term rentals, such as Airbnb' s, in the Stanford Crossing Development Community.

4. CONSENT CALENDAR
On a motion by Councilmember Torres- O' Callaghan, seconded by Councilmember Diallo, the City Council approved the Consent Calendar, except Items, by the following roll call vote, unless otherwise indicated:

December 12, 2022 Lathrop City Council Regular Meeting Minutes Page 2 14 Ayes: Diallo, Torres- O' Callaghan and Akinjo
Noes: None

Absent: Dhaliwal and Lazard
Abstain: None

4. 1 WAIVING OF READING OF ORDINANCES AND RESOLUTIONS
Waived the reading in full of ordinances and resolutions on agenda and adopt by reading of title only, unless otherwise requested by the Mayor or a Councilmember.

4. 2 APPROVAL OF MINUTES
Approved Minutes for the Regular Council Meeting of November 14, 2022.

4. 3 SECOND READING AND ADOPTION OF ORDINANCE 22- 440 OF THE CITY COUNCIL OF THE CITY OF LATHROP AMENDING TITLE 12 " STREETS, SIDEWALKS, AND PUBLIC SPACES", CHAPTER 12. 20 " PARKS", SECTION

12. 20. 010 ' CONDUCT IN CITY PARKS - PROHIBITED ACTIONS", PART Q" TO DEFINE PARK HOURS MORE SPECIFICALLY
Waived the full reading and adopted Ordinance 22- 440 amending Title 12, " Streets, Sidewalks, and Public Spaces", Chapter 12. 20 " Parks", Sections 12. 20. 010 ' Conduct in City Parks - Prohibited Actions", Part Q" to define park hours more specifically.

CEQA STATUS: Exempt according to California Environmental Quality Act Article 5 15061( b)( 3), by the " Common Sense Exemption"

4. 4 SECOND READING AND ADOPTION OF ORDINANCE 22- 441 OF THE CITY

COUNCIL OF THE CITY OF LATHROP UPDATING THE POLICY FOR THE

USE OF MILITARY EQUIPMENT BY THE LATHROP POLICE DEPARTMENT, IN COMPLIANCE WITH ASSEMBLY BILL 481
Waived the full reading and adopted Ordinance 22- 441 amending Chapter 9. 20 Titled " Military Equipment Use Policy", of Title 9 " Public Peace and Welfare" of the Lathrop Municipal Code by adding Section

9. 20. 050 titled Active Policies" to incorporate Lathrop Police Department Policy Regulating " Unmanned Aerial System ( UAS) Operations", and adopting Military Equipment Use Policies in compliance with California Government Code Section 7071.

CEQA STATUS: Exempt according to California Environmental Quality Act Article 5 § 15061( b)( 3), by the " Common Sense Exemption':

December 12, 2022 Lathrop City Council Regular Meeting Minutes Page 3 15 4. 5 SECOND READING AND ADOPTION OF ORDINANCE 22- 442 ADOPTING

VARIOUS AMENDMENTS TO THE LATHROP MUNICIPAL CODE TO

MODERNIZE, SIMPLIFY, AND STREAMLINE VARIOUS SECTIONS OF TITLE 17, ZONING CODE ( TA- 22- 143)
Waived the full reading and adopted Ordinance 22- 442 amending the Lathrop Municipal Code to modernize, simplify, and streamline various sections of Title 17, Zoning Code. The amendments include the following:

Chapter 17. 32 ( R One Family Residential District): Clarify that Accessory Dwelling Units are permitted by- right and update requirements for swimming pool location.

Chapter 17. 36 ( RM Multifamily Residential District): Clarify the review process for projects that include affordable units and remove RM- 1. 5 from the Property Development Standards" Section.

Chapter 17. 56 ( Planned Unit Developments): Update Chapter to clarify the processing of a Planned Unit Developments.

Chapter 17. 61 ( River Island Zoning Districts): Update the processing procedure for Neighborhood Development Plans and clarify the review process for projects that include affordable units.

Chapter 17. 62 ( Central Lathrop Zoning Districts): Clarify the review process for projects that include affordable units and update the Neighborhood Commercial and Specialty Commercial Zoning District use list.

Chapter 17. 108 ( Administrative Approval of Certain Uses): Add language to accommodate live entertainment uses in commercial establishments.

New Chapter 17. 19 ( Tattoo and Body Art Establishments): Add a new Chapter to the Zoning Code to provide regulations for Tattoo and Body Art Establishments
CEQA STATUS: Not a Project as defined in Section 15378 of the State CEQA Guidelines.

4. 6 SECOND READING AND ADOPTION OF ORDINANCE 22- 443 OF THE CITY COUNCIL OF THE CITY OF LATHROP TO REPEAL AND REPLACE TITLE 15 BUILDING AND CONSTRUCTION") TO INCORPORATE THE 2022

CALIFORNIA BUILDING STANDARDS INTO THE LATHROP MUNICIPAL CODE
Waived the full reading and adopted Ordinance 22- 443 amending Lathrop Municipal Code Title 15 ( Building and Construction) to incorporate 2022 California Building Standards Code.

December 12, 2022 Lathrop City Council Regular Meeting Minutes Page 4 16 CEQA STATUS: The proposed Vesting Tentative Subdivision Map is exempt according to California Environmental Quality Act ( CEQA) Article 19 § 15332 C/ass 32 " In- Fill Development"

4. 7 APPROVE PROPOSED FISCAL YEAR 2023- 2024 AND FISCAL YEAR 2024- 2025 BIENNIAL BUDGET CALENDAR
The City Councii considered and approved the proposed Fiscal Year 2023- 2024 and Fiscal Year 2024- 2025 biennial budget calendar.

CEQA STATUS: Exempt According to California Environmental Quality ActArticle § 15061( b)( 3), by the " Common Sense Exemption"

4. 8 AUTHORIZE POSTPONEMENT OF DELINQUENT UTILITY TURN OFFS Pulled by Councilmember Torres- O' Caliaghan. A question and answer period ensued. Deputy Finance Director Thomas Hedegard provided additional information.

Adopted Resolution 22- 5191 approving the suspension of service disconnections for delinquent accounts scheduled on December 14, 2022.

CEQA STATUS: Exempt According to California Environmental Quality ActArticle § 15061( b)( 3), by the " Common Sense Exemption"

4. 9 AUTHORIZE A GRANT APPLICATION WITH DWR TO OBTAIN FUNDING FOR THE AQUIFER STORAGE AND RECOVERY, CIP PW 22- 36
Adopted Resolution 22- 5192 authorizing a grant application, acceptance and execution with the Department of Water Resources for the aquifer storage and recovery, CIP PW 22- 36.

CEQA STATUS: Exempt according to California Environmental Quality Act Article 18 § 15262, " Feasibility and Planning Studies"

4. 10 AWARD CONSTRUCTION CONTRACT TO TIM PAXIN' S PACIFIC EXCAVATION INC. DBA PACIFIC EXCAVATION FOR THE INSTALLATION OF TRAFFIC SIGNAL NETWORK CABINETS AT 17 INTERSECTIONS
WITHIN THE CITY, CIP PS 23- 01
Adopted Resolution 22- 5193 awarding Construction Contract to Tim Paxin' s Pacific Excavation Inc, dba Pacific Excavation, for the installation of traffic signal network cabinets at seventeen ( 17) intersections within the city, CIP PS 23- 01.

December 12, 2022 Lathrop City Council Regular Meeting Minutes Page S 17 CEQA STATUS: The project is exempt according to the California Environmental Quality Act ( CEQA) Article 19, § 15302 C/ass 2 ( C) Replacement or Reconstruction':

4. 11 RATIFY CITY MANAGER' S EXECUTION OF CONTRACT CHANGE ORDER NO. 3 WITH A. TEICHERT & SON, INC. DBA TEICHERT CONSTRUCTION FOR SURFACE WATER DISCHARGE, CIP WW 20- 17
Adopted Resolution 22- 5194 ratifying the City Manager' s execution of Contract Change Order No. 3 with A. Teichert & Son, Inc, dba Teichert Construction, for surface water discharge, CIP WW 20- 17.

CEQA STATUS: Environmental review for the Surface Water Discharge Project, CIP WW 20- 17 as a whole was completed in the Certified Final Environmental Impact Report ( EIR) ( State Clearinghouse No. 2019110339). The EIR considered the full range of potential environmental effects of the Project. The proposed Contract Change Order falls within the scope analyzed in the EIR and no further environmental review is required in compliance with the California Environmental Quality Act.

4. 12 APPROVE PROFESSIONAL SERVICES AGREEMENT WITH LDA
PARTNERS, INC. FOR THE DESIGN OF THE LPD PROPERTY AND
EVIDENCE BUILDING ASSOCIATED WITH CIP GG 21- 13 CORP YARD

IMPROVEMENTS AND APPROVE BUDGET AMENDMENT
Pulled by Councilmember Diallo. A question and answer period ensued.

Chief of Police Raymond Bechler provided additional information.

Adopted Resolution 22- 5195 approving a Professional Services Agreement with LDA Partners, Inc. for the design of the Lathrop Police Department Property and Evidence Building associated with CIP GG 21- 13 Corp Yard improvements and approve budget amendment.

CEQA STATUS: Not a Project as defined in Section 15378 of State CEQA Guidelines

4. 13 APPROVE AMENDMENTS NO. 1 AND NO. 2 WITH ROBERTSON- BRYAN INC. FOR THE SURFACE WATER DISCHARGE PROJECT, CIP WW 20- 17 Adopted Resolution 22- 5196 approving Amendments No. 1 and No. 2 with Robertson- Bryan Inc. to further assist City with NPDES permit compliance for the Consolidated Treatment Facility Surface Water Discharge Project, CIP WW 20- 17.

December 12, 2022 Lathrop City Council Regular Meeting Minutes Page 6 18 CEQA STATUS: Environmental review for the Surface Water Discharge Project, CIP WW 20- 17, as a whole was completed in the Certified Final Environmental Impact Report ( EIR) ( State Clearinghouse No. 2019110339).

4. 14 APPROVE WEST LATHROP SPECIFIC PLAN PROPERTY TAX SHARING

AGREEMENT WITH THE COUNTY OF SAN JOAQUIN
Pulled by Councilmember Diallo. Councilmember Diallo commented on the matter; and expressed appreciation for the item.

Adopted Resolution 22- 5197 approving addendum to Revenue Sharing Agreement ( A- 96- 341) between the City of Lathrop and County of San Joaquin for the West Lathrop Specific Plan Development.

CEQA STATUS: Not a Project as Defined in Section 15378 of the State CEQA Guidelines

5. SCHEDULED ITEMS - None

6. COUNCIL COMMUNICATIONS

6. 1 COUNCILMEMBER DIALLO REFERRAL - Discussion Regarding the City' s Social Media Policy
Councilmember Diallo stated that she was content with the development of the " Lathrop Cares" application, and felt that it satisfied her concern with the social media policy, and requested that the application be used to promote key city events, such as Council Meetings and special events.

6. 2 MAYOR DHALIWAL REFERRAL - Set Application Deadline for One ( 1) Member to the Senior Advisory Commission, with Term Ending June 30, 2024, Due to Unexpired Term Vacancy
City Council consensus set the application deadline to January 3, 2023 at 6 p. m.

6. 3 MAYOR & COUNCILMEMBER COMMITTEE REPORT( S)
Vice Mayor Akinjo provided information on the State' s affordable housing and homelessness crisis, and how it affects local cities, such as Lathrop.

December 12, 2022 Lathrop City Council Regular Meeting Minutes Page 7 19 6. 4 MAYOR & COUNCILMEMBER COMMENT( S)
Councilmember Torres- O' Callaghan expressed appreciation to the Lathrop- Manteca Fire District and Lathrop Police Department for the Shop with Heroes" event. Councilmember Diallo expressed appreciation to staff for the launch of the City of Lathrop app and wished everyone a Merry Christmas and Happy New Year. Vice Mayor Akinjo expressed appreciation to those that participated in the electoral process and wished everyone a goodnight.

7. AD] OURNMENT - There being no further business, Vice Mayor Akinjo adjourned the meeting at 8: 47 p. m.
l
resa Vargas, MMC
Government Services Direc /
City Clerk
December 1Z, 2022 Lathrop City Council Regular Meeting Minutes Page 8 20 CITY MANAGER' S REPORT ITEM 4.4
JANUARY 9, 2023 CITY COUNCIL REGULAR MEETING
ITEM: OUT- OF- STATE TRAVEL APPROVAL FOR CITY STAFF

TO PARTICIPATE IN THE IAMC SPRING FORUM IN
APRIL 2023
RECOMMENDATION: Adopt a Resolution Authorizing Out- of- State Travel for the Economic Development Administrator to
Attend and Represent the City of Lathrop at the
Industrial Asset Management Council' s Spring
Forum in Biloxi, Mississippi from March 31, 2023 —
April 5, 2023
CEQA STATUS: Staff has determined that this is not a Project as defined in Section 15378 of the CEQA Guidelines.

SUMMARY:

In an effort to market the City of Lathrop to new job generating businesses and attract industrial investment opportunities, the Economic Development Administrator requests approval to travel out- of- state to attend the Spring 2023 Industrial Asset Management Council ( IAMC) forum to be held in Biloxi, Mississippi from March 31, 2023 through April 5, 2023. IAMC is a U. S. based industrial and manufacturing real estate trade association.

BACKGROUND:

The Economic Development Administrator was hired in February 2019 to promote the City' s attributes for economic opportunities that will enhance the overall wellbeing and quality of life of the community and its residents. The IAMC forum presents a networking and marketing opportunity to attract new job generating businesses and industrial investment to the City of Lathrop.

IAMC is a membership organization focused toward Industrial Real Estate professionals. Corporate members include Pepsico, Thermo Fisher Scientific, Lockheed Martin, Boeing, Kellogg, Weyerhaeuser, Medline, and more. Service providers such as site selection consultants, national brokers, and developers, as well as Economic Developers are permitted to join. However, the membership is exclusive to corporate real estate professionals allowing only one service provider and one economic developer per corporate real estate professional in order to keep a balanced membership. Forums are held twice a year to allow networking and deal making opportunities related to the industrial industry.

The City' s Economic Development Administrator has attended these forums with past employers who were members of IAMC. Boise Cascade' s location in Lathrop, Medline' s location in Tracy, Thermo Fisher Scientific' s location in Tracy, and Weyerhaeuser' s expansion- relocation in Stockton were all results from networking 21 CITY MANAGER' S REPORT PAGE 2
ANUARY 9, 2023 CITY COUNCIL REGULAR MEETING

OUT- OF- STATE TRAVEL FOR CITY STAFF
relationships stemming from IAMC. After almost 4 years, the City of Lathrop is currently # 5 on the membership waiting list. IAMC will only allow city staff to attend this one forum until Lathrop is able to join as a member. The membership remains with the organization.

Staff is requesting out- of- state travel for attendance at the IAMC Spring 2023 Forum and participation in the Team California hosted dinner event. Expenses for this out- of- state travel request include event registration, airfare, transportation, hotel, food, and participation in the Team California hosted dinner. ATTACHMENT B" includes additional ICSC 2022 Conference and Team California participation information.

REASON FOR RECOMMENDATION:

Staff requests that the City Council adopt the proposed resolution authorizing Outof- State Travel for the Economic Development Administrator to participate in the IAMC Spring Forum being held in Biloxi, Mississippi from March 31, 2023 to April 5, 2023 for the purpose of marketing, outreach, and business attraction.

FISCAL IMPACT:

The total cost for the ICSC conference is estimated to be $ 7, 068. All expenses relating to this conference are within the City Manager Department' s Economic Development Division FY 2022- 2023 budget as approved by City Council.

ATTACH M ENTS:

A. A Resolution of the City Council of the City of Lathrop to Authorize Out- ofState Travel for the Economic Development Administrator to Attend and Represent the City of Lathrop at the Industrial Asset Management Council' s Spring Forum in Biloxi, Mississippi from March 31, 2023 - April 5, 2023
B. Information regarding the IAMC 2023 Spring Forum and Team California hosted dinner event
22 CITY MANAGER' S REPORT PAGE 3
JANUARY 9, 2023 CITY COUNCIL REGULAR MEETING

OUT- OF- STATE TRAVEL FOR CITY STAFF
APPROVALS:
2- 2l- 2a ZZ--
Shelley Bur am Date
Economic Development Administrator
2% 0 t22oZ
Cari Ja Date
Salvador Navarrete Date
City Attorney
1 5• z3
Ste n J. Salvatore Date
City Manager
23 RESOLUTION NO. 23-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP TO

AUTHORIZE OUT- OF- STATE TRAVEL FOR THE ECONOMIC DEVELOPMENT

ADMINISTRATOR TO ATTEND AND REPRESENT THE CITY OF LATHROP AT

THE INDUSTRIAL ASSET MANAGEMENT COUNCIL' S ( IAMC) SPRING FORUM IN BILOXI, MISSISSIPPI FROM MARCH 31, 2023 - APRIL 5, 2023 WHEREAS, City Council approved funding for a full- time Economic Development Administrator position to carry out economic development activities on behalf of the City; and
WHEREAS, staff has identified targeted industry opportunities to market the City for the attraction of businesses and retail establishments; and WHEREAS, funding identified for marketing event has been considered and approved within the FY 2022- 2023 budget.

THEREFORE, BE IT RESOLVED that the City Council of the City of Lathrop, authorizes out- of- state travel for the Economic Development Administrator to attend and represent the City of Lathrop at the IAMC Spring Forum in Biloxi, Mississippi from March 31, 2023 - April 5, 2023
The foregoing resolution was passed and adopted this 9th day of January 2023, by the following vote of the City Council, to wit:

AYES:

NOES:

ABSTAIN:

ABSENT:

SONNY DHALIWAL, MAYOR
ATTEST: APPROVED AS TO FORM:

Teresa Vargas, City Clerk Salvador Navarrete, City Attorney Resolution No. 23- Page 1 of 1
24 ATTACHMENT B
E
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g
r
a,"
a
y m. wm m
i
o.,... a „ a ^ YMYn., Ww ra d , . . .

Non- Members
Member Type By Jan 6 Sy February 24 After February 24
rsz; ns qu2l tied for Gorparate merr b rstiip $ 1. Q2J $ t, 07Q 3, 1? 0 Ser vir.e praviders c r ecanomic developers 2, 0?0 $ 2,1r 5 2 2'70 N4TE Nr r,- naember econarnic cieveioperjservice prvvider Lypes rcaay regis[ er/attend farums at the non- memt er raLe only ar ce. After r istering?atiending one Forum at[ he non- member rate, yau will be required Ecs join to atEend future Forums.

There are a iimiicd r umber of registratians availabie for nan- mernber service prc vicfers or economic developers. TY ese wili be taken on a first- c me, irst-; eraeC! h SiSSponsorship C?pportuni#ies For
TeamCalifQrnia Memtaers:

FuHSponsorship-$ 2800
NON- Member Registration = $ 2, 145
Rrrive tn styEe" Co- t ast{+ entiried as co- host and tne ahi ity to HOTEL—$ 174 PER NIGHT PLUS TAXES AND FEES= persrnal( y ride with corporate ViP' s from a3rport to hatel upor7 arriva(- this grves you undivided ane-on- one tirne with these individuals) anc! $ 1, 10.

Arrive tn Style" Swag Bag iriclu ian AIRFARE— $ 800
Pa ficipate in ail privaEe CA meetings and evar3ts, ir r.lucling Galifornia Pnvate oinner TEAMCA DINNER & SPONSOR =$ 2, 300
Caiifarnia Private Dinner Plus Swag Bag Spansor- S2. 300 FOOD= $ 380 Inciudes rfinner admission U BE R/ TAXI —$ 150
Arrive! n Style" Swag Bag sponsorship beneYifs
MILEAGE REIMBURSEMENT= $ 58
Caiifornia Private Dinner Sponsor-$ 2000
Includes dinner admissic n with corporate execukives PARKING = $ 135 Arrsve in Style" Swag Bag Sponsor- 5500
TOTAL ESTI MATED COST=$ 7, 068
f Great option for ihose Evho are unabie to attend hut stili are seeking presence" and extra exposure ta attending decision makers.( vlust prt vide ya ar own svag items in advance.
25 26

CITY MANAGER' S REPORT
ITEM 4. 5
JANUARY 9, 2023 CITY COUNCIL REGULAR MEETING
ITEM: APPROVE OUT- OF- STATE TRAVEL

AUTHORIZING THE PARKS, RECREATION, AND

MAINTENANCE SERVICES DIRECTOR AND

RECREATION MANAGER TO ATTEND THE REC
C. A. M. P. COMMUNITY ARCHITECTURE

MANAGEMENT AND PLANNING) CONFERENCE

IN BOULDER, COLORADO
RECOMMENDATION: Adopt Resolution Authorizing Out- of- State Travel for the Parks, Recreation, and
Maintenance Services Director and Recreation
Manager to Attend the REC C. A. M. P.

Community Architecture Management and
Planning) Conference, ) une 5 - 9, 2023, in
Boulder, Colorado
CEQA STATUS: Exempt According to California Environmental Quality Act Article § 15061( b)( 3), by the
Common Sense Exemption"
SUMMARY:

The Parks, Recreation, and Maintenance Services Director and Recreation Manager are budgeted to attend the REC C. A. M. P. ( Community, Architecture, Management and Planning) Conference, June 5 - 9, 2023, in Boulder, Colorado ( Conference). The Conference includes tours of ten different recreation centers of various sizes and operations, workshops and will provide staff with the current best practices and intricacies of planning, designing, building and operating Community Recreation Centers. Staff is requesting Council approval of the attached resolution authorizing out- of- state travel.

BACKGROUND:

The REC C. A. M. P. Conference is an interactive and insightful conference that provides recreation center tours, workshops and events designed around Community, Architecture, Management and Planning. These services are of value to our Parks, Recreation, and Maintenance Director and Recreation Manager, who are responsible for the oversight and vision of a Community Center in Lathrop. Attendance at the 2023 conference will not only provide staff with current best practices and the latest in Community Center facility trends, it will also provide staff the opportunity to foster partnerships with fellow nationwide Parks and Recreation professionals and vendors.

This conference will assist the Department with a greater understanding of a Community Center design.
27 CITY MANAGER' S REPORT
JANUARY 9, 2023 CITY COUNCIL RRGULAR MEETING

APPROVE OUT- OF- STATE TRAVEL AUTHORIZING THE PARKS, RECREATION,

AND MAINTENANCE SERVICES DIRECTOR AND RECREATION MANAGER TO ATTEND THE REC C. A. M. P. ( COMMUNITY ARCHITECTURE MANAGEMENT

AND PLANNING) CONFERENCE IN BOULDER, COLORADO

RECOMMENDATION
Adopt a Resolution Authorizing Out- of- State Travel for the Parks, Recreation, and Maintenance Services Director and Recreation Manager to Attend the REC C. A. M. P.

Community Architecture Management and Planning) Conference June 5 - 9, 2023 in Boulder, Colorado.

FISCAL IMPACT:

The total cost for the REC C. A. M. P. conference is estimated to be $ 5, 345. All expenses relating to this conference are within the Parks, Recreation and Maintenance Services Department' s FY 2022- 2023 budget as approved by City Council.

ATTACH M ENTS:

A. Resolution to Authorize Out- of-State Travel to send the Parks, Recreation, and Maintenance Services Director and Recreation Manager to the REC C. A. M. P.

Community Architecture Management and Planning) conference in Boulder, Colorado.

B. Registration form for REC C. A. M. P ( Community Architecture Management and Planning) Conference June 5 - 9, 2023 in Boulder, Colorado.

28 CITY MANAGER' S REPORT
JANUARY 9, 2023 CITY COUNCIL RRGULAR MEETING

APPROVE OUT- OF- STATE TRAVEL AUTHORIZING THE PARKS, RECREATION,

AND MAINTENANCE SERVICES DIRECTOR AND RECREATION MANAGER TO ATTEND THE REC C. A. M. P. ( COMMUNITY ARCHITECTURE MANAGEMENT

AND PLANNING) CONFERENCE IN BOULDER, COLORADO
APPROVALS:

IL' 2L9 ZZ
To I Seb ' n Date
Director of Parks, Recreation and
Maintenance Services
r e 12 L? oZ L
Cari ) ames Date
Director of Finance
I ti
Salvador Navarrete Date
City Attorney
5•Z3
St J Salvatore Date
City Manager

29 ATTACHMENT A
RESOLUTION NO. 23-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP

AUTHORIZING OUT- OF- STATE TRAVEL FOR THE PARKS, RECREATION, AND

MAINTENANCE SERVICES DIRECTOR AND RECREATION MANAGER TO ATTEND THE REC C. A. M. P. ( COMMUNITY ARCHITECTURE MANAGEMENT AND

PLANNING) CONFERENCE IN BOULDER, COLORADO
WHEREAS, the REC C. A. M. P Conference is an interactive and insightful conference that provides recreation center tours, workshops and events designed around Community, Architecture, Management and Planning; and WHEREAS, these services are of value to our Parks, Recreation, and Maintenance Director and Recreation Manager, who are responsible for the oversight and vision of a potential Community Center in Lathrop; and; WHEREAS, attendance at the 2023 conference will not only provide staff with current best practices and the latest in Community Center facility trends, it will also foster partnerships with fellow nationwide Parks and Recreation professionals and vendors, and;
WHEREAS, this conference will assist the Department with a greater understanding of a Community Center design, and;
WHEREAS, the Conference includes tours of ten different recreation centers of various sizes and operations, workshops and the intricacies of planning, designing, building and operating Community Recreation Centers.

WHEREAS, funding identified for the conference has been considered and approved within the FY 2022- 2023 budget.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop Approve Authorization of Out- of- State Travel for the Parks, Recreation, and Maintenance Services Director and Recreation Manager to Attend the REC C. A. M. P Community Architecture Management and Planning) Conference June 5 - 9, 2023 in Boulder, Colorado.
30 ATTACHMENT A
The foregoing resolution was passed and adopted this 9t'' day of ) anuary 2023, by the following vote of the City Council, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:

Teresa Vargas, City Clerk Salvador Navarrete, City Attorney 31 ATTACHMENT B
Resend Confirmation
R EC CAM P 2023: J U N E 5- 8

COMMUNITY ARCHITECTURE MANAGEMENT PLANNING
Rec Camp is a tour-based education experience focusing on high-performance recreation center design and management for recreation professionals. Rec Camp will provide a place for recreation professionals to gather in the Denver Metro Area for three days of tours, learning, and fun! If you have any issues registering, questions about Rec Camp, or need to cancel or modify your registration, please email us at registration@rec- camp. com or contact Mick Massey at ( 214) 537-3990 Registration is $ 525/ camper, and there is a $ 50 early bird registration discount in effect until March 27th, 2023. This includes two light breakfasts, two lunches, and a water bottle. ( Hotel room not included)
Rec Camp space is limited, so register today! You will be placed on a waiting list if we exceed our limit.

More info: www.rec-camp. com
Select your registration to begin.

Early Bird Discount * O Early Bird ($ 475. 00)
Registrant First Name *
Registrant Last Name *
Title *
Organization *
32 ATTACHMENT B
Website
Registrant Work Email * Email Address
Registrant Personal Email Email Address
Registrant Phone Number *
Registrant Mobile Number *
Cauntry * United States v
Address * Street Address
City, State and ZIP Code * City State
ZIP Code
Personal Linkedln Address
Date of Birth Month Day Year
Haw did you hear about Rec O Past Attendee
Camp? * O Email Communication
O Sacial Media Ad- Facebook
O Social Media Ad- Linkedln
C Website
Preferred Gender Choose One)
Pronoun: *
Special considerations ( diet
or special needs):

All of these topics will be Cl Programming
featured. What is of most O Aquatics
interest to you? * O Fitness
Gymnasiums
33 ATTACHMENT B
O Field Houses
O Operations
C Management
O Planning & Design
Cl Other ( please specify below)
O Terms and Conditions: *
I understand and agree that Barker, Rinker Seacat Architecture, Inc., BRS") is a sponsor and organizer of" Rec Camp° for which this Application is intended, but hereby acknowledge that BRS does not own, maintain or control the facilities, transportation and/ r accommodatinn which I," the applicant;' will use ar attend during R c Camp. Applicant further acknowledges and agrees that Applicant' s participatian in F ec Camp will be as the result of a voluntary request made by th Applicanf, and that BRS is not responsible or liable for Applicant' s safety and wellbeing while participating in Rec Camp. Therefore, as a condition of BRS' consideration of this Application, and of Applicant' s participation in Rec Camp, the Applicant hereby agrees to release, acquit, and discharge BRS, and its officers, employees, representatives and agents, of and from any and ali liability, claims, demands, actions, judgments, arising from or relating to damages, sickness or injury to Applicant, third persons including death), or Applicant' s property( including loss of use or theft thereof) which may occur during or in connection with Rec Camp. 7otal 0.00
Transfer Code
Name on Card *
34 ATTACHMENT B

ADD ANOTHER REGISTRANT
Bi I I i ng I nformation
First Last
Payment Method C*7 Credit Card O PO
Card Number * Card Number
Expiration Date * Month v Year v CVV
Country * United States v
Address * Street Address
City, State and ZIP Code *
ty State v
ZIP Code
Billing Email * Email Address
35 ATTACHMENT B
This page is secured with 256 bit encryption

CANCELLATIONS AND REFUNDS
Cancellations occurring on or before March 27th, 2023 will be refunded, less an $ 85 administrative fee.

Cancellations occurring between March 27th, 2023, and May 15th, 2023 will be refunded 50°io. ( if the vacant position can be fi//ed fram the wait/ist, then there wi// be a ful/ refund, /ess the S85 administrative fee)
Cancellations occurring on or after May 15th, 2022 will not be refunded. ( ifthe vacant position can be frl/ed from the waitlist, then there will be a full refund, less the$ 85 administrative fee) All cancellation requests must be emailed to r gistration@rec- camp. com Questions about the cancellatian policy may also be emailed to. r gistration@rec-camp. com 36 ATTACHMENT B

PHOTO/ VIDEO DISCLAIMER
Rec Camp reserves the right to take and use photographs/ video at any event spnnsored by Re Camp or BRS or any activities at Rec Camp without expressed written permission of those included within the photographs/ video. Rec Camp may use the photograph/ video in publications or other media material produced, for educational, promotional, marketing or other purposes, including but not limited to:
brochures, invitations, emails, social media, YouTube, websites, etc. A person attending Rec Camp who does not wish to have their image or audio recorded for distribution should make their wishes known to the photographer, and/ or the event organizers, and/ or contact Rec Camp at registration@re,ccamp. com. in writing of his/ her wishes and include a photograph within a reasonable amount of time prior to the event. Rec Camp will use the photograph for identification purposes and will hold it in confidence.

By participating in Rec Camp or by failing to notify organizers in writing, your desire to n t have }rour image used by Rec Camp you are agreeing to release, defend, hold harmless and indemnify Rec C mp or it's affiliates from any and all claims involving the use of your photagraph or likeness.

Ca m p Activities
June 5th- 3: 00 pm Rec Camp Sign- In! Check into Rec Camp at the Hotel.

June 5th- 4: 00- 5: 30 Recreation Facility operations expert, Jenna Katsaros, will discuss the pm Operations most pressing issues in community recreation op ratir r s and Workshop answer questians about trends that are a ff ting th industry and your community.

June 5th- 5: 30-7:30 Welcome Reception Join us for an informal introduction to Rec Camp and a pm chance to network with peers and industry experts!
June 6th- 7: 00 am - Facility Tours- Day Windsor Community Recreation Center 6: 00 pm 1 Berthoud Recreation Center
Thornton Active Adult
Northglenn Recreation Center
June 7th- 7: 00 am - Facility Tours- Day
7: 00 pm 2
37 ATTACHMENT B
Apex Center
Apex Field House
Apex Secrest Recreation Center
Moorhead Recreation Center
Carla Madison Recreation Center
June 8th- 8: 00 am - Community The Community Recreation Workshop is an interactive 12: 00 pm Recreation session focused on the planning, design and operatians of Workshop community recreation centers. Facilitators will guide groups through a roll playing scenario with real life applications.

R EC CAM P FAQ

GENERALINFO
What is Rec Camp? Rec Camp is all about Community Recreation and is dedicated to the education of Parks & Recreation professionals in the intricacies of planning, designing, building and operating Community Recreation Centers.

Learn about trends in recreation centers from experts in the field Tour existing centers with Rec Camp Counselors on hand to answer your questions Find out what to plan for and how to make your project a success What is the Rec Camp itinerary? Rec Camp 2023 will start at 3: 00 pm on Monday, June 5th and wrap up at 12: 00 pm on Thursday, June 8th.

Monday Afternoon: 3: OOpm- Rec Camp Sign- In
Monday Afternoon: 4: 00- 5: 30pm - Facility Operations Workshop Monday Evening: 5: 30- 7: 30pm - Welcome Reception
Tuesday & Wednesday: 7: OOam- 6: OOpm - Facility Tours
Thursday Morning: 8: OOam - 12: OOpm - Community Planning Workshop Are CEUs available? Rec Camp has partnered with the Colorado Parks & Recreation Association to offer CEUs for attendants.

What is the 1/ 2 day Rec Camp Workshop on Thursday? The half day Community Planning Warkshop on Friday is an interactive session focused on the planning, design and operations of community recreation centers. Facilitators will guide groups through a roll playing scenario with real life applications. Don' t miss it!
38 ATTACHMENT B
TRAVEL b ACCOMMODATIONS
Will meals be provided at Rec Camp? Monday evening heavy appetizers will be served at the welcome reception. Light breakfast ( breakfast burritos, granola bars, yogurt) will be grab- and- go on Tuesd y a nd Wednesday. Lunch, snacks and refreshments will be provided on Tuesday and Wednesda}r. inner i on your own. There will also be snacks provided mid- morning on Thursday during the workshop. h hc t l has room service and a full-service restaurant that serves food from 6:30 am to 10: 00 pm. Additinnally, there are numerous restaurants within walking distance of the hotel.

What's the best way to get to the hotel? The Renaissance Boulder Flatiron is only a 40 minute drive firom Denver International Airport, which has multiple car rental services, taxi, Uber, Lyft, and service to Union Station in downtown Denver.

Will I need transportation at Rec Camp? Rec Camp will provide a tour bus to take campers around the Denver/ Boulder metro area to visit facilities.

What amenities does the hotel have? The Renaissance Boulder Flatiron Hotel has a fitness center, pool and restaurant and wide range of services available to guests. Visit the hotel site for more inf, What is there to do at night? Conveniently located between Denver and Boulder, the t naissance Boulder Flatiron Hotel is close to many area attractions.

Reg Fox
Event Registration Software by RegFox
39 40
ITEM 4. 6

CITY MANAGER' S REPORT
7ANUARY 9, 2023 CITY COUNCIL REGULAR MEETING
ITEM: APPROVE PROFESSIONAL TECHNICAL SERVICES

AND SUPPORT AGREEMENT WITH MCC CONTROLS
LLC DBA PRIMEX FOR THE SCADA SYSTEM FOR CITYWIDE INFRASTRUCTURE RECOMMENDATION: Adopt a Resolution Approving a Professional Technical Services and Support Agreement with MCC
Controls LLC dba Primex for the City of Lathrop' s
Supervisory Control and Data Acquisition ( SCADA)
System For City- Wide Infrastructure
CEQA STATUS: Not a Project as defined in Section 15378 of the State CEQA Guidelines
SUMMARY:

The City of Lathrop' s Supervisory Control and Data Acquisition ( SCADA) System monitors and controls the City' s common infrastructure in the following utility groups:

Water system, Storm Water system, Wastewater system, and Recycled Water system equipment. MCC Controls LLC DBA Primex ( Primex) has provided SCADA equipment, configuration, integration, and programming services to the City of Lathrop for the past 18 years. Additionally, Primex designed, configured and installed the proprietary equipment and is familiar with the City' s infrastructure, operations, and security systems that are currently in place.

Staff requests City Council approve a Professional Technical Services and Support Agreement with Primex for the Supervisory Control and Data Acquisition ( SCADA) System in the amount of $ 261, 188. Sufficient funds have been included in the approved budget for fiscal year ( FY) 22/ 23 annual cost.

BACKGROUND:

The SCADA system is composed of both hardware and software components that monitor and control the wells, booster stations, lift stations and pump stations for the City' s storm drainage, water, wastewater and recycled water systems. The SCADA system allow staff to remotely monitor processes and production of the City' s infrastructure by providing real- time data visualization and alarms of City Infrastructure, to help improve production efficiency.

Primex designed, configured, installed the proprietary equipment, and is familiar with the City' s SCADA system components and has provided configuration, integration, equipment and programming technical services and support for the past 18 years.

Additionally, Primex is required to archive the programming source codes as part of the City of Lathrop network security practices.
41 CITY MANAGER' S REPORT PAGE 2
JANUARY 9, 2023 CITY COUNCIL REGULAR MEETING

APPROVE PROFESSIONAL TECHNICAL SERVICES AND SUPPORT AGREEMENT

WITH MCC CONTROLS LLC DBA PRIMEX FOR SCADA SYSTEM
Obtaining additional quotes for SCADA technical services and support would result in a substantially higher cost to the City and require the City publish to information that could compromise the security of the City' s network.

At the request of stafF, Primex submitted a proposal for continued technical and support services dated ) uly 29, 2022 and revised January 4, 2023 for a one and a half ( 1. 5) year term which includes preventative and break fix services ($ 112, 454. 00 for in FY 22/ 23 and $ 148, 734. 00 for FY 23/ 24) for a total cost not to exceed 261, 188.

The agreement with Primex for these services expired at the end of June 2022. While the staff has been working to finalize contract details, preventative services have not been rendered, which is why the agreement will begin upon execution. All emergency/ break- fix issues have been resolved with individual contracts that have remained under the City Manager' s signing limit. The vendor has committed to increase the availability of their staff to ensure that all preventative maintenance items in the scope of work for FY 22/ 23 are up to date.

The agreement being presented is different than prior years, as previous contracts were specific to preventative maintenance items as per a defined scope of work while emergency/ break fix items were addressed with individual contracts. This current agreement includes both preventative maintenance ( scheduled) and a line item fee for ( unforeseen) emergencies/ break- fix. This portion of the contract will only be billed when needed, on a time and material basis, against the rate sheet included on page 5 of the proposal ($ 32, 000. 00 for FY 22/ 23 and $ 66, 000. 00 for FY 23/ 24) for a total cost not to exceed $ 98, 000, as noted on page 15 of the Primex Proposal.

Staff recommends City Council approve a Professional Technical Service and Support Agreement with Primex for the Supervisory Control and Data Acquisition ( SCADA) System.

REASON FOR RECOMMENDATION:

The SCADA Water system, Storm Water system, Wastewater system, and Recycled Water system computer equipment requires a skill that the City does not have. The SCADA Technical Services and Support Agreement with Primex is necessary to avoid interruption and to ensure efficient and effective operation of the City' s SCADA system.

CEQA STATUS:

Not a Project as defined in Section 15378 of the State CEQA Guidelines 42 CITY MANAGER' S REPORT PAGE 3
7ANUARY 9, 2023 CITY COUNCIL REGULAR MEETING

APPROVE PROFESSIONAL TECHNICAL SERVICES AND SUPPORT AGREEMENT

WITH MCC CONTROLS LLC DBA PRIMEX FOR SCADA SYSTEM
FISCAL IMPACT:

The annual costs to provide SCADA technical and support services has been budgeted in the Council approved operating budget for the various districts. The Primex contract is allocated to each of these districts based on their usage of the SCADA technical and support
SERVICES. ATTACHMENTS:

A. Resolution Approving a Technical Services and Support Agreement with Primex for the City' s Supervisory Control and Data Acquisition ( SCADA) System B. Primex Technical Services and Support Agreement
43 CITY MANAGER' S REPORT PAGE 4
JANUARY 9, 2023 CITY COUNCIL REGULAR MEETING

APPROVE PROFESSIONAL TECHNICAL SERVICES AND SUPPORT AGREEMENT

WITH MCC CONTROLS LLC DBA PRIMEX FOR SCADA SYSTEM FOR CITY- WIDE

INFRASTRUCTURE
APPROV
Q 3
rnandes Date
Information Systems Director
a 4(— Zuz 3
Cari James Date
Finance Director
o I` i 2023
Michael ing Date
Assistant City Manager
L
Salvador Navarrete Date
City Attorney
i
y- 2?i
Stephen J. Salvatore Date
City Manager
44 RESOLUTION NO. 23 -

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP TO APPROVE

A TECHNICAL SERVICES AND SUPPORT AGREEMENT WITH PRIMEX FOR THE

CITY' S SUPERVISORY CONTROL AND DATA ACQUISITION ( SCADA) SYSTEM

FOR CITY- WIDE INFRASTRUCTURE
WHEREAS, the City' s SCADA system is used for monitoring, remote control, data logging and alarms monitoring City- Wide infrastructure; and WHEREAS, MCC Controls LLC DBA Primex ( Primex) has provided SCADA equipment, configuration, integration, and programming services that are proprietary to Primex and therefore staff recommends renewal of the current technical and support agreement; and
WHEREAS, Primex is required to archive the programming source codes as part of the City of Lathrop network security practices; and
WHEREAS, Primex is specially trained, experienced, and competent to continue to provide SCADA technical services and support; and
WHEREAS, Primex has provided a one and a half ( 1. 5) year technical services and support proposal ($ 112, 454 for FY 22/ 23 and $ 148, 734 for FY 23/ 24) for a total cost of $ 261, 188; and
WHEREAS, the annual cost for the SCADA technical and support services with Primex has been included in the Water, Storm Water, Wastewater, and Recycled Water funds in the approved FY 22/ 23 budget.

NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Lathrop does hereby approve a Technical Services and Support Agreement with Primex for the City' s SCADA system for a one and a half ( 1. 5) year technical services and support proposal ($ 112, 454 for FY 22/ 23 and $ 148, 734 for FY 23/ 24) for a total cost of 261, 188.

NOW, THEREFORE, BE IT FURTHER RESOLVED, the proposed contract is not a project as defined in Section 15378 of the State CEQA Guidelines. 45 The foregoing resolution was passed and adopted this 9t" day of January 2023, by the following vote of the City Council, to wit:

AYES:

NOES:

ABSTAIN:

ABSENT:

Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:

Teresa Vargas, City Clerk Salvador Navarrete, City Attorney 46 Attachment B

CITY OF LATHROP

AGREEMENT FOR PROFESSIONAL TECHNICAL SERVICES AND

SUPPORT WITH MCC CONTROLS LLC DBA PRIMEX

FOR SUPERVISORY CONTROL AND DATA ACQUISITION ( SCADA)

SYSTEM FOR CITY- WIDE INFRASTRUCTURE
THIS AGREEMENT, dated for convenience this day of January 2023 is by and between MCC Controls LLC dba Primex ("CONSULTANT") and the City of Lathrop, a California municipal corporation (" CITY"):

RECITALS:

WHEREAS, CONSULTANT is specially trained, experienced, and competent to provide Professional SCADA Technical Services and Support, which are required by this agreement; and
WHEREAS, CITY selected the CONSULTANT pursuant to said qualifications as the City' s Sole Integrator for SCADA Systems; and
WHEREAS, CONSULTANT is willing to render such professional technical services and support, as hereinafter defined, on the following terms and conditions.

NOW, THEREFORE, CONSULTANT and the CITY agree as follows:

AGREEMENT
1) Scope of Service
CONSULTANT agrees to provide Professional SCADA Technical Services and Support in accordance with the scope of work and fee proposal provided by CONSULTANT, attached hereto as Exhibit " A" and incorporated herein by reference. CONSULTANT agrees to diligently perform these services in accordance with the upmost standards of its profession and to CITY'S satisfaction.
2) Compensation
CITY hereby agrees to pay CONSULTANT a sum not to exceed 2 1 1 , for a two-year contract, at a rate of $ 112, 454 for FY 22/ 23 and $ 148, 734 for FY 23/24, for maintenance and support services as identified and set forth in Exhibit " A". CONSULTANT shall be paid within thirty ( 30) days of receipt of billings containing all information pursuant to Paragraph 5 below. In no event shall CONSULTANT be entitled to compensation for work not included in Exhibit " A", unless a written change order or authorization describing the extra work and payment terms has been executed by CITY's authorized representative prior to the commencement of the work.

47 CITY OF LATHROP — PROFESSIONAL TECHNICAL SERVICES AND SUPPORT

AGREEMENT WITH MCC CONTROLS DBA PRIMEX - FOR SUPERVISORY

CONTROL AND DATA ACQUISITION ( SCADA) SYSTEM FOR CITY- WIDE

INFRASTRUCTURE
3) Effective Date and Term
The term of this Contract will be from January , 2023, through June 30, 2024. 4) Independent Contractor Status
It is expressly understood and agreed by both parties that CONSULTANT, while engaged in carrying out and complying with any of the terms and conditions of this Agreement, is an independent contractor and not an employee of the CITY. As an independent contractor, CONSULTANT is responsible for controlling the means and methods to complete the scope of work described in Exhibit " A" to City' s satisfaction. CONSULTANT expressly warrants not to represent, at any time or in any manner, that CONSULTANT is an employee of the CITY.
5) Billin s
CONSULTANT' S bills shall include a list of all tasks, a total amount due, the amounts previously billed, and the net amount due on the invoice. Except as specifically authorized by CITY, CONSULTANT shall not bill CITY for duplicate services performed by more than one person. In no event shall CONSULTANT submit any billing for an amount in excess of the rates or the maximum amount of compensation provided in section ( 2) for either task or for the entire Agreement, unless modified by a properly executed change order. 6) Advice and Status Reportinq
CONSULTANT shall provide the CITY with timely reports, orally or in writing, of all significant developments arising during performance of its services hereunder, and shall furnish to CITY such information as is necessary to enable CITY to monitor the performance of this Agreement.
7) Assiqnment of Personnel
CONSULTANT shall assign only competent personnel to perform services pursuant to this Agreement. If CITY asks CONSULTANT to remove a person assigned to the work called for under this Agreement, CONSULTANT agrees to do so upon written request with a reason or explanation for its request, and providing the request would not result in undue hardship to CONSULTANT or render them unable to fulfill terms of this agreement.

The services shall be performed by, or under the direct supervision, of CONSULTANT' s Authorized Representative: Joseph Martell. CONSULTANT shall not replace its Authorized Representative without the prior written approval by the CITY.

48 CITY OF LATHROP — PROFESSIONAL TECHNICAL SERVICES AND SUPPORT

AGREEMENT WITH MCC CONTROLS DBA PRIMEX - FOR SUPERVISORY

CONTROL AND DATA ACQUISITION ( SCADA) SYSTEM FOR CITY- WIDE

INFRASTRUCTURE
8) Assiqnment and Subcontractinq
It is recognized by the parties hereto that a substantial inducement to CITY for entering into this Agreement was, and is, the professional reputation and competence of CONSULTANT.

Neither this Agreement nor any interest herein may be assigned by CONSULTANT without the prior written approval of CITY' S authorized representative, which shall not be unreasonably withheld. CONSULTANT shall not subcontract any portion of the performance contemplated and provided for herein, other than the subcontractors noted in the proposal, without prior written approval of the CITY' S authorized representative. 9) Insurance
On or before beginning any of the services or work called for by any term of this Agreement, CONSULTANT, at its own cost and expense, shall carry, maintain for the duration of the Agreement, and provide proof thereof that is acceptable to the CITY the insurance specified in subsections ( a) through ( c) below with insurers and under forms of insurance satisfactory in all respects to the CITY. CONSULTANT shall not allow any subcontractor to commence work on any subcontract until all insurance required of the CONSULTANT has also been obtained for the subcontractor. Verification of this insurance shall be submitted and made part of this Agreement prior to execution. a) Workers' Compensation. CONSULTANT shall, at CONSULTANT' S sole cost and expense, maintain Statutory Workers' Compensation Insurance and Employer's Liability Insurance for any and all persons employed directly or indirectly by CONSULTANT. Said Statutory Workers' Compensation Insurance and Employer' s Liability Insurance shall be provided with limits of not less than one million dollars ($ 1, 000, 000). In the alternative, CONSULTANT may rely on a self - insurance program to meet these requirements provided that the program of self-insurance complies fully with the provisions of the California Labor Code. The insurer, if insurance is provided, or the CONSULTANT, if a program of self- insurance is provided, shall waive all rights of subrogation against the CITY for loss arising from work performed under this Agreement.
b) Commercial General and Automobile Liability Insurance.

CONSULTANT, at CONSULTANT' S own cost and expense, shall maintain commercial general and automobile liability insurance for the period covered by this Agreement in an amount not less than two million dollars ($ 2, 000, 000) per occurrence, combined single limit coverage for risks associated with the work contemplated by this

49 CITY OF LATHROP — PROFESSIONAL TECHNICAL SERVICES AND SUPPORT

AGREEMENT WITH MCC CONTROLS DBA PRIMEX - FOR SUPERVISORY

CONTROL AND DATA ACQUISITION ( SCADA) SYSTEM FOR CITY- WIDE

INFRASTRUCTURE
Agreement. If Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit.

Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non- owned automobiles.

Coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 00 01 ( ed. 11/ 88) and Insurance Services Office Automobile Liability form CA 0001 ( ed. 12/ 90) Code 1 ( any auto).

Each of the following shall be included in the insurance coverage or added as an endorsement to the policy:
i) CITY, its officers, employees, agents, and volunteers are to be covered as insured with respect to each of the
following: liability arising out of activities performed by or on behalf of CONSULTANT, including the insider' s general supervision of CONSULTANT; products and completed
operations of CONSULTANT; premises owned, occupied
or used by CONSULTANT. The coverage shall contain no
special limitations on the scope of protection afforded to CITY, its officers, employees, agents, or volunteers.
ii) The insurance shall cover on an occurrence or an accident basis, and not on a claim made basis.
iii) An endorsement must state that coverage is primary insurance and that no other insurance affected by the CITY will be called upon to contribute to a loss under the
coverage.
iv) Any failure of CONSULTANT to comply with reporting
provisions of the policy shall not affect coverage provided to CITY and its officers, employees, agents, and
volunteers.

50 CITY OF LATHROP — PROFESSIONAL TECHNICAL SERVICES AND SUPPORT

AGREEMENT WITH MCC CONTROLS DBA PRIMEX - FOR SUPERVISORY

CONTROL AND DATA ACQUISITION ( SCADA) SYSTEM FOR CITY-WIDE

INFRASTRUCTURE
v) Insurance is to be placed with California- admitted insurers with a Best's rating of no less than A: VII.
vi) Notice of cancellation or non- renewal must be received by CITY at least thirty days prior to such change.
c) Professional Liabilitv. CONSULTANT, at CONSULTANT' S own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than Two Million Dollars ($ 2,000,000) per claim made and per policy aggregate covering the licensed
professionals' errors and omissions, as follows:
i) Any deductible or self-insured retention shall not exceed 150, 000 per claim.
ii) Notice of cancellation, material change, or non- renewal must be received by the CITY at least thirty days prior to such change shall be included in the coverage or added as an endorsement to the policy.
iii) The policy must contain a cross liability or severability of interest clause.
iv) The following provisions shall apply if the professional liability coverages are written on a claims made form:

1. The retroactive date of the policy must be shown and must be before the date of the Agreement.

2. Insurance must be maintained and evidence of
insurance must be provided for at least five years after completion of the Agreement or the work, so long as
commercially available at reasonable rates.

3. If coverage is canceled or not renewed and it is not replaced with another claims made policy form with a
retroactive date that precedes the date of this
Agreement, CONSULTANT must provide extended
reporting coverage for a minimum of five years after
completion of the Agreement or the work. The CITY
shall have the right to exercise at the CONSULTANT' S

51 CITY OF LATHROP — PROFESSIONAL TECHNICAL SERVICES AND SUPPORT

AGREEMENT WITH MCC CONTROLS DBA PRIMEX - FOR SUPERVISORY

CONTROL AND DATA ACQUISITION ( SCADA) SYSTEM FOR CITY- WIDE

INFRASTRUCTURE
cost, any extended reporting provisions of the policy
should the CONSULTANT cancel or not renew the
coverage.

4. A copy of the claim reporting requirements must be
submitted to the CITY prior to the commencement of
any work under this Agreement.
d) Deductibles and Self- Insured Retentions. CONSULTANT shall disclose the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement.

During the period covered by this Agreement, upon express written authorization of the CITY' s authorized representative, CONSULTANT may increase such deductibles or self- insured retentions with respect to CITY, its officers, employees, agents, and volunteers. The CITY' s authorized representative may condition approval of an increase in deductible or self- insured retention levels upon a requirement that CONSULTANT procure a bond
guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them.
e) Notice of Reduction in Coveraqe. In the event that any coverage required under subsections ( a), ( b), or ( c) of this section of the Agreement is reduced, limited, or materially affected in any other manner, CONSULTANT shall provide written notice to CITY at CONSULTANT' S earliest possible opportunity and in no case later than five days after CONSULTANT is notified of the change in coverage.
f) In addition to any other remedies CITY may have if CONSULTANT fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, CITY may, at its sole option:
i) Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;
ii) Order CONSULTANT to stop work under this Agreement or withhold any payment which becomes due to CONSULTANT
hereunder, or both stop work and withhold any payment, until CONSULTANT demonstrates compliance with the
requirements hereof;

52 CITY OF LATHROP — PROFESSIONAL TECHNICAL SERVICES AND SUPPORT

AGREEMENT WITH MCC CONTROLS DBA PRIMEX - FOR SUPERVISORY

CONTROL AND DATA ACQUISITION ( SCADA) SYSTEM FOR CITY- WIDE

INFRASTRUCTURE
iii) Terminate this Agreement.

Exercise of any of the above remedies, however, is an
alternative to other remedies CITY may have and is not the exclusive remedy for CONSULTANT' S breach.
10) Indemnification - CONSULTANT' S Responsibilitv
As to the CONSULTANT' S work hereunder, it is understood and agreed that ( a) CONSULTANT has the professional skills necessary to perform the work, ( b) CITY relies upon the professional skills of CONSULTANT to perform the work in a skillful and professional manner, and ( c) CONSULTANT thus agrees to so perform.

Acceptance by CITY of the work performed under this Agreement does not operate as a release of said CONSULTANT from such professional responsibility for the work performed. It is further understood and agreed that CONSULTANT is apprised of the scope of the work to be performed under this Agreement and CONSULTANT agrees that said work can and shall be performed in a fully competent manner in accordance with the standard of care applicable to CONSULTANT' S profession. CONSULTANT shall indemnify, defend, and hold CITY, its officers, employees, agents, and volunteers harmless from and against any and all liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused by the willful misconduct or grossly negligent acts or omissions of CONSULTANT, its employees, subcontractors, or agents, or on account of the performance or character of this work, except for any such claim arising out of the negligence or willful misconduct of the CITY, its officers, employees, agents, or volunteers. It is understood that the duty of CONSULTANT to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance of insurance certificates and endorsements required under this Agreement does not relieve CONSULTANT from liability underthis indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages. 11) Licenses
If a license of any kind, which term is intended to include evidence of registration, is required of CONSULTANT, its employees, agents, or subcontractors by federal or state law, CONSULTANT warrants that such license has been obtained, is valid and in good standing, and CONSULTANT shall keep it in effect at all times during the term of this Agreement, and that any applicable bond has been posted in accordance with all applicable laws and regulations.
12) Business Licenses

53 CITY OF LATHROP — PROFESSIONAL TECHNICAL SERVICES AND SUPPORT

AGREEMENT WITH MCC CONTROLS DBA PRIMEX - FOR SUPERVISORY

CONTROL AND DATA ACQUISITION ( SCADA) SYSTEM FOR CITY- WIDE

INFRASTRUCTURE
CONSULTANT shall obtain and maintain a CITY of Lathrop Business License until all Agreement services are rendered and accepted by the CITY. 13) Termination
Either CITY or CONSULTANT may cancel this Agreement upon 30 days written notification to the other party. In the event of termination, the CONSULTANT shall be entitled to compensation any services already performed, goods delivered up to date of change or already in production, and actual costs reasonably incurred for non- returnable materials already procured by CONSULTANT to the effective date of termination; provided, however, that the CITY may condition payment of such compensation upon CONSULTANT' S delivery to the CITY of any or all documents, photographs, computer software, video and audio tapes, and other materials provided to CONSULTANT or prepared by or for CONSULTANT or the CITY in connection with this Agreement. 14) Fundinq
CONSULTANT agrees and understands that renewal of this agreement in subsequent years is contingent upon action by the City Council consistent with the appropriations limits of Article XIII ( B) of the California Constitution and that the Council may determine not to fund this agreement in subsequent years.
15) Notices
All contracts, appointments, approvals, authorizations, claims, demands, Change Orders, consents, designations, notices, offers, requests and statements given by either party to the other shall be in writing and shall be sufficiently given and served upon the other party if ( 1) personally served, ( 2) sent by the United States mail, postage prepaid, ( 3) sent by private express delivery service, or (4) in the case of a facsimile transmission, if sent to the telephone FAX number set forth below during regular business hours of the receiving party and followed with two ( 2) Days by delivery of a hard copy of the material sent by facsimile transmission. Personal service shall include, without limitation, service by delivery and service by facsimile transmission.

54 CITY OF LATHROP — PROFESSIONAL TECHNICAL SERVICES AND SUPPORT

AGREEMENT WITH MCC CONTROLS DBA PRIMEX - FOR SUPERVISORY

CONTROL AND DATA ACQUISITION ( SCADA) SYSTEM FOR CITY- WIDE

INFRASTRUCTURE
To City: City of Lathrop City Clerk
390 Towne Centre
Lathrop, CA 95330
Copy to: City of Lathrop
Public Works
390 Towne Centre
Lathrop, CA 95330
MAIN: ( 209) 941- 7430
FAX: ( 209) 941- 7449
ToConsultant: MCC Controls LLC dba Primex
859 Cotting Ct., Suite G
Vacaville, CA 95688
Phone: ( 707) 449- 0341
Fax: ( 707) 449- 633
16) Miscellaneous
a) Consent. Whenever in this Agreement the approval or consent of a party is required, such approval or consent shall be in writing and shall be executed by a person having the express authority to grant such approval or consent. b) Controlling Law. The parties agree that this Agreement shall be governed and construed by and in accordance with the Laws of the State of California. c) Definitions. The definitions and terms are as defined in these specifications. d) Force Majeure. Neither party shall be deemed to be in default on account of any delay or failure to perform its obligations under this Agreement, which directly results from an Act of God or an act of a superior governmental authority. e) Headings. The paragraph headings are not a part of this Agreement and shall have no effect upon the construction or interpretation of any part of this Agreement. f) Incorporation of Documents. All documents constituting the Agreement documents described in Section 1 hereof and all documents which may, from time to time, be referred to in any duly executed amendment hereto are by such reference incorporated in the Agreement and shall be deemed to be part of thisAgreement.

55 CITY OF LATHROP — PROFESSIONAL TECHNICAL SERVICES AND SUPPORT

AGREEMENT WITH MCC CONTROLS DBA PRIMEX - FOR SUPERVISORY

CONTROL AND DATA ACQUISITION ( SCADA) SYSTEM FOR CITY- WIDE

INFRASTRUCTURE
g) Integration. This Agreement and any amendments hereto between the parties constitute the entire Agreement between the parties concerning the Project and Work, and there are no other prior oral or written agreements between the parties that are not incorporated in this Agreement.
h) Modification of Agreement. This Agreement shall not be modified or be binding upon the parties unless such modification is agreed to in writing and signed by the parties.
i) Provision. Any agreement, covenant, condition, clause, qualification, restriction, reservation, term or other stipulation in the Agreement shall define or otherwise control, establish or limit the performance required or permitted orto be required of or permitted by either party. All provisions, whether covenants or conditions, shall be deemed to be both covenants and conditions.
0) Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is void or unenforceable, the provisions of this Agreement not so affected shall remain in full force and effect.
k) Status of CONSULTANT. In the exercise of rights and obligations under this Agreement, CONSULTANT acts as an independent contractor and not as an agent oremployee ofCITY. CONSULTANT shall not be entitled to any rights and benefits accorded or accruing to the City Council members, officers or employees of CITY, and CONSULTANT expressly waives any and all claims to such right and benefits.

I) Successors and Assigns. The provisions of this Agreement shall inure to the benefit of, and shall apply to and bind, the successors and assigns of the parties. m) Time of the Essence. Time is of the essence of this Agreement and each of its provisions. In the calculation of time hereunder, the time in which an act is to be performed shall be computed by excluding the first Day and including the last. If the time in which an act is to be performed falls on a Saturday, Sunday or any Day observed as a legal holiday by CITY, the time for performance shall be extended to the following Business Day.
n) Venue. In the event that suit is brought by either party hereunder, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of San Joaquin or in the United States District Court for the Eastern District of California.
o) Recovery of Costs. The prevailing party in any action brought to enforce the terms of this Agreement or arising out of this Agreement may recover its reasonable

56 CITY OF LATHROP — PROFESSIONAL TECHNICAL SERVICES AND SUPPORT

AGREEMENT WITH MCC CONTROLS DBA PRIMEX - FOR SUPERVISORY

CONTROL AND DATA ACQUISITION ( SCADA) SYSTEM FOR CITY- WIDE

INFRASTRUCTURE
costs, including reasonable attorney' s fees, incurred or expended in connection with such action against the non- prevailing party.
17) Notice to Proceed
Prior to commencing work under this agreement, CONSULTANT shall receive a written Notice to Proceed" from CITY. A Notice to Proceed shall not be issued until all necessary insurances have been received. City shall not be obligated to pay CONSULTANT for any services prior to issuance of the Notice to Proceed.
18) Siqnatures
The individuals executing this Agreement represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Agreement on behalf of the respective legal entities of the CONSULTANT and the CITY. This agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.

57 CITY OF LATHROP — PROFESSIONAL TECHNICAL SERVICES AND SUPPORT WITH MCC CONTROLS DBA PRIMEX — FOR SUPERVISORY CONTROL AND

DATA ACQUISITION ( SCADA) SYSTEM FOR CITY- WIDE INFRASTRUCTURE Approved as to Form: City of Lathrop
City Attorney
1- y ,
Salvador Navarrete Date
Recommended for Approval: City of Lathrop
Information S stems Director
To andes Date
Approved by: City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
Stephen J. Salvatore Date
City Manager
Consultant: MCC Controls LLC dba Primex
859 Cotting Ct. Ste. G
Vacaville, CA 95688
Fed ID #
Business License # 41543
Signature Date
Print Name and Title

58 Exhibit A
Technical Services and Support
Agreement for Control Systems
Hardware/ Software FY 2022 - 2024
C ity of Lath p
I
Prepared by: Michael Anderson
Phone: 707- 449- 0341
Email: michael. anderson@sjeinc. com
859 Cotting Court, Suite G, Vacavifle, CA 95688
Phone: 707) 449- 0341
www. prim xcontrals. com
02020 SJE, Inc. PRIMEX is a trademark of SJE, Inc. All rights, title, and interest in all specifications, ideas and concepts contained herein shall at all times be and remain vested in SJE, Inc. All persons with access to this document shall not retain, use or disclose any of such work without the express written permission of SJE, Inc.
59 IIA PRIM w
II....

Ann l r ven iv I I in n n+ ' ro
On- Site Services
Dust Removal
Dust at a site can be a nuisance. Dust can
impede troubleshooting efforts by covering
r .
equipment labels and wire numbers making it 1-.;
difficult to quickly trace problems and
understand how a system works. These types of
delays can be extremely costly when a critical
X
site is down.
s3s
4F 4 uk G
v.. . ,,....
g P
y
d
Y.
r ' t''' t'
1 I
t':' :.' w
i.

Harlar Rd WasCewatei F' ump tut+ r v t 1 ye aast
accumulation
Excessive dust can cause long- term damage to a s ._. - ` i .. equipment. Excessive dust can act as an
Sa,
insulator around electronic equipment causing
4". ; x
heat build- up which shortens the lifespan of
equipment. In industrial environments dust can
absorb things like moisture or oil from the air.

These types of contaminants can turn that dust
into a conductor causing internal electrical
shorts. ln some cases, the absorbed
contaminants can become corrosive and
destroy equipment and internal components.

As part of our annual preventative Hartan Rd after annua! panel cleaning maintenance, we thoroughly clean out control
panels and make sure filters are in place and
clean. A clean panel is the foundation of a wellmaintained system. 859 Cotting Court, Suite G Vacaville, CA 95688 ( 707) 449- 0341 www. primexcontrols. com
60 I. I P lIM .

Inspection & Infrared Imaging
The central valley experiences rather extreme
conditions that vary wildly depending on the g
m
s .
time of year. Scorching summer heat, driving a ' a
rain during the rainy season, and high winds
carrying sand and debris all contribute to tough L'
R.
conditions and excessive wear on unprotected
equipment. During our site inspections we
document the state of all control equipment
T
i d r
and work with City of Lathrop operators to
5 Q,,,, a,
prioritize repairs and replacements before R
u
equipment fails.

N^ " ,
Sun bleached OIT identified for replacement before failure.

Infrared Imaging
We use infrared FLIR imaging technology to
take our inspections to the next level. While
many signs of equipment damage and failure
can be identified by the naked eye, FLIR Infrared
equipment inspection allows us to find
conditions that might otherwise go undetected a
until catastrophic failure occurs. Improperly
r
terminated electrical connections can generate
excess heat leading to early equipment failures 9 , a
or potential fire hazards. Failing components or m.
components that are being stressed beyond
their designed limits can generate excess heat
as well. Infrared imaging allows us to identify
these potential issues and create a historica) Poorly terminated cable causing excessive heat buildup. record of equipment conditions. Early,
proactive identification can help us keep
Lathrop' s infrastructure operating as expected.

Quarterly SCADA Updates
SCADA systems have had increased visibility throughout the world in recent years with several highprofile attacks on water and wastewater treatment systems. " Obscurity" is not a viable security plan for infrastructure systems. The servers and applications used to run Lathrop' s SCADA system are updated with the latest Microsoft patches and the latest software versions to make sure vulnerabilities are addressed.

Primex also works with Lathrop IT and their vendors to make sure remote access is only permitted by authorized, trusted personnel. We also monitor the Department of Homeland Security Industrial Control System ( DHS- ICS) notifications of vulnerabilities and work with city personnel to mitigate any risks related to Lathrop' s systems.
859 Cotting Court, Suite G Vacaville, CA 95688 ( 707) 449- 0341 www.primexcontrols. com
61 P IM a
Off-Site Support
Primex' s support of Lathrop' s system extends Key Equipment Availability well beyond the on- site activities and seroices The recent supply chain issues have affected listed above. industries and companies throughout the world and there seems to be little relief on the
Remote Access Verification horizon. To further support Lathrop' s needs we As a trusted partner of the City of Lathrop we are committing to keeping some key equipment have been granted remote access into the city' s
in stock at our Vacaville location exclusively to
network. During our annual site visits we verify support Lathrop' s systems. This list includes:
remote access to each and every facility so that
we can effectively support the city when
Operator Interface: HMIGT06310
needed.

PLC Rack: BMX XBP 0800
PLC Power Supply: BMX CPS 4002
As the city continues to grow and infrastructure PLC CPU: BMX P34 2020 is installed throughout a larger geographic area DI Module: BMX DDI 1602 remote access is quickly becoming one of the DO Module: BMX DDO 1602 most effective ways to support the city quickly
and cost- effectively.

Offsite Program Backups
Throughout our long history of working with
city personnel we have diligently backed up
programs and equipment configurations to our
servers giving Lathrop offsite backups for all
sites throughout the city. Whether that means
reloading programs or migrating a system off
deprecated hardware our up-to-date backups
provide an important additional layer of
security for Lathrop' s systems.
859 Cotting Court, Suite G Vacaville, CA 95688 ( 707) 449-0341 www. primexcontrols. com
62 II
n Tpchnical Service Rates
The following rates are effective for services and service agreements commencing on or after November 15t, 2021 and do not include any applicable sales tax.

Standard Services
2 5, l
M\ rnda rl t Preferred°
t Ra s` i F c 1 - y(y y VV 1A ti uw A`3 P'
f % Y3 " t\ 4 0 iiFW7\ \ i c . , . 7e n.., l.: , . v r. i • PLC& SCADA System Programmer 245 216
Field Service Technician 175 150
Design& Engineering 240 214
Project Management 200 180
Manufacturing Services 118 108
Drafting 143 118
Mileage 0.90/ mile
Per Diem 35 meal per diem
Travel Expenses( Hotel, Airfare etc.) Cost+ 10%
1 Standard rates apply to all customers without a service agreement in place with PRIMEX, for services performed during normal business hours. See below for after- hours, overtime, and holiday service rate multipliers. There is a minimum charge of two( 2) hours on site plus travel expenses.

Z Preferred rates apply to customers with an annual service agreement in place with PRIMEX.

Preferred customers enjoy priority scheduling ahead of non- preferred customers. There is no minimum trip charge for preferred customers. See below for after- hours, overtime, and holiday service rate multipliers. Contact your PRIMEX representative for service agreement details. 3 In addition to the rates above, customers will pay incurred travel costs, including mileage, airfare, hotels, and meals.

Service Rate Multipliers
7escr s on M tiply;Rate B t:

Overtime— More than eight( 8) hours worked in a day( excluding travel time) 1. 5 Weekends— Work performed on Saturday or Sunday 1. 5
After- Hours— Work performed between 6: OOpm and 6: OOam 1. 5 Holiday— Work performed on an MCC- observed holiday, or a holiday falling 2. 0 on a weekend
859 Cotiing Court, Suite G, Vacaville, CA 95688 707. 449. 0341 ph 707. 449. 8860 fax www.primexcontrols. com 63 II
MCC Controls L C DBA PRIMEX Phone 707. 449. 0341
859 Cotting Ct. Ste G
Vacaville, CA 95688
Contractor' s License 1016640
DIR Registration No. 1000043535
Date: 7/ 29/ 2022
To: City of Lathrop
Attention: Tony Fernandes
From: Michael Anderson
PRIMEX Quote# 220729MA01
Project: City of Lathrop Technical Services and Support Agreement for SCADA System Software 2022- 2024 Task: SCADA System Support
Terms: SERVICE AGREEMENT
This proposal details all materials and services we intend to provide for the above referenced project.

Be sure to reference General Notes following the scope listing.

This proposal expires 45 days after the date noted above.

Regular maintenance for all sites is included under the appropriate quarter/ group provided their 1 year hardware warranty period has ended.

Scooe of Work for Fiscal Year 2022- 2023
Item# Qty. Description Line Item Price
1 Lot Standard Technical Support Services 14, 256. 00
Software Custody
Assigned and Dedicated Customer Manager
Support ends June 30th, 2023.

Quarterly SCADA System Updates
Install Ignition software updates
Install oeprating system updates
Test& verify operation of system after updates
SCADA updates will be scheduled for July 2022, October 2022, January 2023 and April 2023.

Tasks to be completed:

SCADA Updates, Inpsections, and Backups( performed quarterly):

Inspect SCADA dashboard at master, backup, and CTF sites. Note any warnings or errors Backup SCADA configuration/ programming ftom primary server& CTF senrer.

Veriry database size, growth rates, and backup performance. Note any storage concerns and notify city. This must be done primary historical database and CTF local database
Control Networks( DeviceNet, CIP) Inpsection:

Connect to network master node and collect snapshot of network statistics Inpsect network media, connectors, terminators, and insulation.

Note the condition of the network in written report to City IT Department, with recommendations. www. primexcontrols. com 1 of 5
64 II
MCC Controls LLC DBA PRIMEX Phone 707. 449. 0341
859 Cotting Ct. Ste G
Vacaville, CA 95688
Contractor' s License 1016640
DIR Registration No. 1000043535
Date: 7/ 29/ 2022
To: City of Lathrop
Attention: Tony Femandes
From: Michael Anderson
PRIMEX Quote# 220729MA01
Project: City of Lathrop Technical Services and Support Agreement for SCADA System Software 2022- 2024 On- Site Equipment Verification& Backup:

Go online with PLC, verify offline program
if match, go offline, SAVE AS with same version number but with today' s date, then read from controller and SAVE.

If no match, go offline, SAVE AS with new version number( increment by 01) and today' s date, then read from controller and SAVE, go online in combined and verify match.

While online, check battery status coil to see if battery requires replacement. If yes, replace battery( if on hand) or note battery required so it can be replaced.

If Maple Alpha- numeric OIT:

Upload OIT program and SAVE.

Zip and SAVE with same version but new date.

If Magelis has SD flash card, copy PLC program file to SD card.

Note if Magelis does not have flash card for future upgrade.

Copy revised PLC and OIT programs to" currenY' folders on Corporation Yard SCADA machine and MCC server. Move previous versions to" old" folders.

Note any other maintenance needs.

Use ProSoft radio software to check signal strength and radio perFormance, record findings.

Prepare written report for each site and submitted to City IT Department including any recommendations. 2 Lot Group 1 Common Infrastructure 14, 718. 00
Corporation Yard
Polling PLC
SCADA
Annual service performed by December 31, 2022( or as requested by City Staf 3 Lot Group 2 Water System 12, 450. 00
Booster Pump Station 1
Booster Pump Station 2
Booster Pump Station 3
Booster Pump Station 4
Booster Pump Station 5- River Islands
Booster Pump Station 6
LAWTF
Well 6
Well 7
Well 8
Well 9
Well 10
Well 21
SSJID L1 Turnout Pump Station
SSJID L2 Turnout Pump Station
Annual service pertormed by March 31, 2023 ( or as requested by City Staf www. primexcontrols.com 2 of 5
65 II
MCC Controls LLC DBA PRIMEX Phone 707. 449. 0341
859 Cotting Ct. Ste G
Vacaville, CA 95688
Contracto' s License 1016640
DIR Registration No. 1000043535
Date: 7/ 29/ 2022
To: City of Lathrop
Attention: Tony Fernandes
From: Michael Anderson
PRIMEX Quote# 220729MA01
Project: City of Lathrop Technical Services and Support Agreement for SCADA System Software 2022- 2024 4 Lot Group 3 Stortn Water System 16, 500. 00
M1 SDPS
M2 SDPS
M3 SDPS
M5 SDPS
M6 SDPS
Camish Pond
Crossroads SDPS
Dos Reis SDPS
Easy Court SDLS
Horizon Park SDLS
J Street SDLS
Libby Park SDPS
Louise Ave SDLS
Marketplace Valve
Milestone SDPS
N Street SDLS
New Harlan Road SDLS
Old Harlan Road SDLS
San Joaquin River SDPS
South Lathrop SDPS
Stanford Crossing SDPS 1, 2& 4
Stonebridge SDPS
Thomsen Park SDLS
Valley Crossing SDLS
Woodfield SDLS
Annual service performed by December 31, 2022 ( or as requested by City Staf www.primexcontrols. com 3 of 5
66 II
MCC Controls LLC DBA PRIMEX Phone 707. 449. 0341
859 Cotting Ct. Ste G
Vacaville, CA 95688
Contractor' s License 1016640
DIR Registration No. 1000043535
Date: 7/ 29/ 2022
To: City of Lathrop
Attention: Tony Fernandes
From: Michael Anderson
PRIMEX Quote# 220729MA01
Project: City of Lathrop Technical Services and Support Agreement for SCADA System Software 2022- 2024 5 Lot Group 4 Waste Water System 10, 650. 00
Easy Court WWLS
Harlan Road WWPS
tndustrial Park
J Street WWPS
Louise Ave WWPS
McKinley Ave W1NPS
Mossdale WWPS
O Street WWPS
River Islands 2A WWPS
River Islands Main W1NPS
Sharpe Depot 2nd Avenue WWPS( Warranty through August 2023)* Sharpe Depot 4th Avenue WWPS( Warranty through August 2023)* South Lathrop WWPS
SSI
Stanford Crossing WWPS
Stonebridge WWPS
Valley Crossing WWLS
Woodfield WWLS
WQCF
Annual service performed by September 30, 2022( or as requested by City Staf 6 Lot Group 5 Recycled Water System 4, 320. 00
S2
S5
S6
S16- River Islands( Warranty through August 2023)"
S28
River Islands Flushing Station 2A
Annual service performed by March 31, 2023( or as requested by City Staf www.primexcontrols. com 4 of 5
67 II
MCC Controls LLC DBA PRIMEX Phone 707. 449. 0341
859 Cotting Ct. Ste G
Vacaville, CA 95688
Contractor' s License 1016640
DIR Registration No. 1000043535
Date: 7/ 29/ 2022
To: City of Lathrop
Attention: Tony Fernandes
From: Michael Anderson
PRIMEX Quote# 220729MA01
Project: City of Lathrop Technical Services and Support Agreement for SCADA System Software 2022- 2024 7 Lot Group 6 CTF 7, 560. 00
CP- 1 - Includes DeviceNet configuration backup& network media inspection CP- 1A
CP- C
CP- 2
Crossroads Recycled Water Lift Station
Crossroads Sewer Lift Station
Dechlorination( Warranry through September 2023)`
Effluent Pump Station
Headworks 1
Headworks 2
Headworks 3
Headworks 4
Pond Irrigation Pump Station
Annual service performed by June 30, 2023( or as requested by City Staf Any sites marked with an asterisk will be maintained under the original startup warranty during this service contract period. Because these sites are covered under warranty they do not add to the cost of the service contract.

Subtotal 80, 454. 00
Tax
The total price for the scope of work above is: S 80, 454. 00 General Notes:

1. Prices quoted above Include sales tax and travel to the jobsite.

2. Terms and Conditions of sale: Upon PRIMEX approval of customer credit, PRIMEX will extend 30- day payment terms on invoices for deliverables provided per this scope of work. Deliverables are FOB— PRIMEX Vacaville, CA, with freight albwed( unless specifically noted othervvise in this proposal). Customer may accept this proposal by signature here- on, or by separate purchase order made out to MCC Controls LLC DBA PRIMEX. www. primexcontrols.com 5 of 5
68 P I C
MCC Controls LLC DBA PRIMEX Phone 707. 449. 0341
859 Cotting Ct. Ste G
Vacaville, CA 95688
Contractor' s License: 1016640
DIR Registration No. 1000043535
Date: 7/ 29/2022
To: City of Lathrop
Attention: Tony Femandes
From: Michael Anderson
PRIMEX Quote# 220729MA02
Project: City of Lathrop Technical Services and Support Agreement for SCADA System Software 2022- 2024 Task: SCADA System Support
Terms: SERVICE AGREEMENT
This proposal details all materials and services we intend to provide for the above referenced project Be sure to reference General Notes following the scope listing.

This proposal expires 45 days after the date noted above.

Regular maintenance for all sites is included under the appropriate quarter/group provided their 1 year hardware warranty period has ended.

Scone of Work for Fiscal Year 2023- 2024
Item# Qty. Description Line Item Price
1 Lot Standard Technical Support Services 14, 256. 00
Software Custody
Assigned and Dedicated Customer Manager
Support ends June 30th, 2024.

Quarterly SCADA System Updates
Install Ignition software updates
Install oeprating system updates
Test 8 verify operation of system after updates
SCADA updates will be scheduled for July 2023, October 2023, January 2024 and April 2024.

Taska to be completed:

SCADA Updates, Inpsections, and Backups( pertormed quarterly):

Inspect SCADA dashboard at master, backup, and CTF sites. Note any wamings or errors Backup SCADA configuration/ programming from primary server& CTF server.

Verify database size, growth rates, and backup performance. Note any storage concerns and notify city. This must be done primary historical database and CTF local database
Controi Networks( DeviceNet, CIP) Inpsection:

Connect to network master node and collect snapshot of network statistics Inpsect network media, connectors, terminators, and insulation.

Note the condition of the network in written report to City IT Department, with recommendations. www.primexcontrols. com 1 of 6
69 ir P lI E= C
MCC Controls LLC DBA PRIMEX Phone 707. 449. 0341
859 Cotting Ct. Ste G
Vacaville, CA 95688
Contractor' s License: 1016640
DIR Registration No. 1000043535
Date: 7/ 29/ 2022
To: City of Lathrop
Attention: Tony Femandes
From: Michael Anderson
PRIMEX Quote 220729MA02
Project: City of Lathrop Technical Services and Support Agreement for SCADA System Software 2022- 2024 On- Site Equipment Verification 8 Backup:

Go online with PLC, verify offline program
if match, go offline, SAVE AS with same version number but with today' s date, then read from controller and SAVE.

If no match, go offline, SAVE AS with new version number( increment by 01) and todays date, then read from controller and SAVE, go online in combined and verify match.

While online, check battery status wil to see if battery requires replacement. If yes, replace battery( if on hand) or note battery requi ed so it can be replaced.

If Maple Alpha- numeric OIT:

Upload OIT program and SAVE.

Zip and SAVE with same version but new date.

If Magelis has SD flash card, copy PLC program file to SD card.

Note if Magelis does not have flash card for future upgrade.

Copy revised PLC and OIT programs to" currenY' folders on Corporation Yard SCADA machine and MCC server. Move previous versions to" old" folders.

Note any other maintenance needs.

Use ProSoft radio software to check signal strength and radio performance, record findings.

Prepare written report for each site and submitted to City IT Department including any recommendations. 2 Lot Group 1 Common Infrastructure 14, 718. 00
Corporation Yard
Polling PLC
SCADA
Annual service performed by December 31, 2023( or as requested by City Staf 3 Lot Group 2 Water System 12, 450. 00
Booster Pump Station 1
Booster Pump Station 2
Booster Pump Station 3
Booster Pump Station 4
Booster Pump Station 5- River Islands
Booster Pump Station 6
LAWTF
Well 6
We11 7
Well 8
Well 9
Well 10
Well 21
SSJID L1 Turnout Pump Station
SSJID L2 Turnout Pump Station
Annual service performed by March 31, 2024 ( or as requested by City Staf www. primexcontrols. com 2 of 6
70 P i c
MCC Controls LLC DBA PRIMEX Phone 707. 449. 0341
859 Cotting Ct. Ste G
Vacaville, CA 95688
Contractor' s License: 1016640
DIR Registration No. 1000043535
Date: 7/ 29/ 2022
To: City of Lathrop
Attention: Tony Fernandes
From: Michael Anderson
PRIMEX Quote# 220729MA02
Project: City of Lathrop Technical Services and Support Agreement for SCADA System Software 2022- 2024 4 Lot Group 3 Storm Water System 16, 500. 00
M1 SDPS
M2 SDPS
M3 SDPS
M5 SDPS
M6 SDPS
Camish Pond
Crossroads SDPS
Dos Reis SDPS
Easy Court SDLS
Horizon Park SDLS
J Street SDLS
Libby Park SDPS
Louise Ave SDLS
Marketplace Valve
Milestone SDPS
N Street SDLS
New Harlan Road SDLS
Old Harian Road SDLS
San Joaquin River SDPS
South Lathrop SDPS
Stanford Crossing SDPS 1, 2 8 4
Stonebridge SDPS
Thomsen Park SDLS
Valley Crossing SDLS
Woodfield SDLS
Annual service performed by December 31, 2023 ( or as requested by City Staffl www.primexcontrols. com 3 of 6
71 II PI I E_ :

MCC Controls LLC DBA PRIMEX Phone 707. 449. 0341
859 Cotting Ct. Ste G
Vacaville, CA 95688
Contractor' s License: 1016640
DIR Registration No. 1000043535
Date: 7/ 29/ 2022
To: City of Lathrop
Attention: Tony Femandes
From: Michael Anderson
PRIMEX Quote# 220729MA02
Project: City of Lathrop Technical Services and Support Agreement for SCADA System Software 2022- 2024 5 Lot Group 4 Waste Water System 11, 850. 00
Easy Court WWLS
Harlan Road WWPS
Industrial Park
J Street WWPS
Louise Ave WWPS
McKinley Ave WWPS
Mossdale WWPS
O Street W1NPS
River Islands 2A WWPS
River Islands Main 1NWPS
Sharpe Depot 2nd Avenue WWPS
Sharpe Depot 4th Avenue WWPS
South Lathrop WWPS
SSI
Stanford Crossing WWPS
Stonebridge WWPS
Valley Crossing WWLS
Woodfield WWLS
WQCF
Annual service performed by September 30, 2023( or as requested by City Staf 6 Lot Group 5 Recycled Water System 4, 320. 00
S2
S5
S6
S16- River Islands
S28
River Islands Flushing Station 2A
Annual service performed by March 31, 2024( or as requested by City Staf www.primexcontrols. com 4 of 6
72 PI I E= C
MCC Controls LLC DBA PRIMEX Phone 707. 449. 0341
859 Cotting Ct. Ste G
Vacaville, CA 95688
Contractor' s License: 1016640
DIR Registration No. 1000043535
Date: 7/ 29/ 2022
To: City of Lathrop
Attention: Tony Femandes
From: Michael Anderson
PRIMEX Quote# 220729MA02
Project: City of Lathrop Technical Services and Support Agreement for SCADA System Software 2022- 2024 7 Lot Group 6 CTF 8, 640. 00
CP- 1 - Includes DeviceNet configuration backup& neMrork media inspection CP- 1A
CP- C
CP- 2
Crossroads Recycled Water L. ift Station
Crossroads Sewer Lift Station
Dechlorination
Effluent Pump Station
Headworks 1
Headworks 2
Headworks 3
Headworks 4
Pond Irrigation Pump Station
Annual service performed by June 30, 2024( or as requested by City Staf Any sites marked with an asterisk will be maintained under the original startup warranty during this service contract period. Because these skes are covered under warranty they do not add to the cost of the service contract.

Subtotal 82, 734. 00
Tax
The total price for the scope of work above is: s 82, 734. 00 Per the City of Lathrop, Primex is including a separate annual line item for small projects or City requested services. This will expedite the resolution of any hardware/ software issues that may occur at any time. The budgeted amounts are based on fiscal years 20- 21 and 21- 22 invoiced work with Primex. The Annual Site Services are' Not to Exceed' amounts and are separate from the FY invoiced work. If necessary, these amounts could be increased with approval from the CIty of Lathrop.

FY 2022- 2023 532, 000. 00
FY 2023- 2024 566, 000. 00
The total nrice for the two vear fiscal oeriod 2022- 2024 is: 261, 188.00 Term
This agreement will take effect on January 1, 2023, once we' ve received a fully executed Purchase Order for this quote, and continue in effect until June 30, 2024.

Price quoted at preferred rates. Contingent on acceptance of this support agreement.

We reserve the right to increase service rates no more than 10% on November 1 st of each year.

General Notes:

1. Prices quoted above c
luds sales tax and travel to the jobsite.
www.primexcontrols. com 5 of 6
73 P lI C
MCC Controls LLC DBA PRIMEX Phone 707. 449. 0341
859 Cotting Ct. Ste G
Vacaville, CA 95688
Contractor's License: 1016640
DIR Registration No. 1000043535
Date: 7l29/ 2022
To: City of Lathrop
Attention: Tony Fernandes
From: Michael Anderson
PRIMEX Quote# 220729MA02
Project: City of Lathrop Technical Services and Support Agreement for SCADA System Software 2022- 2024

2. Tertns and Conditions of sale: Upon PRIMEX approval of customer credk, PRIMEX will exlend 30- day payment tertns on invoices for deliverables provided per this scope of work. Deliverables are FOB— PRIMEX Vacavdle, CA, with freight allowed( unless specifically noted olhervvise in this proposal). Customer may accept this proposa by signature hereon, or by separate purchase order made out to MCC Controls LLC DBA PRIMEX.

Please call or email with any questions.

Sincerely,
Michael Anderson
www. primexcontrols. com 6 of 6
74 ITEM 4. 7

CITY MANAGER' S REPORT
JANUARY 9, 2023 CITY COUNCIL REGULAR MEETING
ITEM: APPROVE A MEMORANDUM OF

UNDERSTANDING ( MOU) RELATED TO

FUNDING FOR THE MOSSDALE TRACT AREA

PRO) ECTS BETWEEN S) AFCA, THE CITY OF
STOCKTON, AND THE CITY OF MANTECA;

DELEGATE AUTHORITY FOR THE CITY

MANAGER TO EXECUTE
RECOMMENDATION: Adopt Resolution Approving a Memorandum of Understanding ( MOU) Related to Funding for
the Mossdale Tract Area Projects Between
S AFCA, the City of Stockton, and the City of
Manteca; delegate authority for the City
Manager to execute
CEQA STATUS: Exempt according to California Environmental Quality Act Article 5 § 15061 ( b) ( 3)
SUMMARY:

The San Joaquin Area Flood Control Agency ( SJAFCA) has been designated as the Local Flood Management Agency ( LFMA") for the Mossdale Tract Area since 2018 and, consistent with Government Code 65007( a)( 5), prepared and issued reports on an annual basis to the Central Valley Flood Protection ( CVFPP) Board regarding the efforts underway to achieve 200- year level of protection for the Mossdale Tract Area.

S) AFCA, as the LFMA, continues to make significant progress toward 200- year protection for the Mossdale Tract as detailed in the Adequate Progress Reports, through an effort referred to as the Mossdale Tract Area Project.

On December 15, 2022 and December 20, 2022, the SJAFCA Board and the City of Manteca, respectively, passed the attached Memorandum of Understanding ( MOU), which identifies alternative funding sources moving forward and/ or changes to an Overlay Assessment District to sustain the Mossdale Tract Area Project. The MOU is intended to document the intent by the Cities of Lathrop, Manteca and Stockton to initiate negotiations relating to a future funding agreement to ensure SJAFCA has funds necessary to continue its design and permit efforts to achieve 200- year level of protection for the Mossdale Tract.

While the MOU has been negotiated as to form and agreed to by some agencies, it is possible that minor conforming and clarifying changes may be needed. Therefore, staff recommends Council approve a MOU Related to Funding for the Mossdale Tract Area Projects between SJAFCA, the City of Stockton, the City of Manteca, and the City of Lathrop; and delegate authority for the City Manager to execute. 75 CITY MANAGER' S REPORT PAGE 2
JANUARY 9, 2023 CITY COUNCIL REGULAR MEETING

APPROVE MOU RELATED TO FUNDING FOR THE MOSSDALE TRACT AREA

PROJECTS BETWEEN SJAFCA, THE CITY OF STOCKTON, AND THE CITY OF MANTECA; DELEGATE AUTHORITY FOR THE CITY MANAGER TO EXECUTE BACKGROUND:

In 2007, the Legislature passed California Senate Bill 5 ( SB5), which was later amended by various other bills. SB5 requires the State to develop and adopt a comprehensive CVFPP, which was approved by the Central Valley Flood Protection Board in June 2012. As amended, SB5 also required all cities and counties in the Central Valley to incorporate the CVFPP into their respective General Plans by July 2, 2015, and into their zoning ordinances by July 2, 2016. SB5 restricted development beyond July 2, 2016, unless a permitting agency can make a finding of "Adequate Progress" toward providing an Urban Level of Flood Protection ( ULOP), which includes protection from a 200- year flood.

The existing Mossdale Tract Area levees, which are managed by Reclamation District 17 ( RD 17), currently do not meet the updated Department of Water Resources DWR) urban levee design criteria ( ULDC) standards adopted in May 2012, and the existing levees are not currently certified to provide 200-year protection. Accordingly, the land use agencies, in coordination with RD 17, are jointly pursuing efforts to achieve ULOP by 2028. The MOU entered into on May 10, 2016, between the Cities of Lathrop, Manteca, Stockton, San Joaquin County, and RD 17, served as the first step in formalizing the relationship between these local agencies in pursuit of ULOP flood protection for the RD 17 levees.

REASON FOR RECOMMENDATION:

The proposed MOU is intended to document the intent by the Cities of Lathrop, Manteca, and Stockton to initiate negotiations relating to a future funding agreement to ensure SJAFCA has funds necessary to continue its efforts design, permit and continue its intended improvements to achieve 200- year level of protection for the Mossdale Tract.

CEQA: Exempt according to California Environmental Quality Act Article 5 § 15061 b) ( 3), Common Sense Exemption
FISCAL IMPACT:

There is no fiscal impact.

ATTACHMENTS:

A. Resolution of the City Council Approving a Memorandum of Understanding MOU) Related to Funding for the Mossdale Tract Area Projects Between SJAFCA, the City of Stockton, and the City of Manteca; delegate authority for the City Manager to execute
B. Memorandum of Understanding Regarding the Development of Additional Funding Sources for the Mossdale Tract Area as Between the San ] oaquin Area Flood Control Agency and the Cities of Lathrop, Manteca, and Stockton 76 CITY MANAGER' S REPORT PAGE 3
JANUARY 9, 2023 CITY COUNCIL REGULAR MEETING

APPROVE MOU RELATED TO FUNDING FOR THE MOSSDALE TRACT AREA

PRO) ECTS BETWEEN S) AFCA, THE CITY OF STOCKTON, AND THE CITY OF MANTECA; DELEGATE AUTHORITY FOR THE CITY MANAGER TO EXECUTE APPROVALS:

Z- 28- ZOZZ
Michael King Date
Assistant City Manager
l 2 2F' z0 22
Salvador Navarrete Date
City Attorney
s•a3
Ste J. Salvatore Date
City Manager
77 RESOLUTION NO. 23-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP

APPROVING A MEMORANDUM OF UNDERSTANDING ( MOU) RELATED TO

FUNDING FOR THE MOSSDALE TRACT AREA PROJECTS BETWEEN S) AFCA, THE CITY OF STOCKTON, AND THE CITY OF MANTECA; DELEGATE

AUTHORITY FOR THE CITY MANAGER TO EXECUTE
WHEREAS, the San Joaquin Area Flood Control Agency ( SJAFCA) has been designated as the Local Flood Management Agency (" LFMA") for the Mossdale Tract Area since 2018 and, consistent with Government Code 65007( a)( 5), prepared and issued reports on an annual basis to the Central Valley Flood Protection Board regarding the efforts underway to achieve 200- year level of protection for the Mossdale Tract Area; and
WHEREAS, SJAFCA continues to make significant progress toward 200- year protection for the Mossdale Tract as detailed in the Adequate Progress Reports, through an efFort referred to as the Mossdale Tract Area Project; and WHEREAS, on December 15, 2022 and December 20, 2022, the SJAFCA Board and the City of Manteca, respectively, passed an MOU which identifies alternative funding sources moving forward and/ or changes to an Overlay Assessment District to sustain the Mossdale Tract Area Project; and
WHEREAS, the MOU is intended to document the intent by the Cities of Lathrop, Manteca and Stockton to initiate negotiations relating to a future funding agreement to ensure SJAFCA has funds necessary to continue its design and permit efforts to achieve 200- year level of protection for the Mossdale Tract; and WHEREAS, while the MOU has been negotiated as to form and agreed to by some agencies, it is possible that minor conforming and clarifying changes may be needed. Therefore, staff recommends Council approve the MOU and delegate authority for the City Manager to execute; and
WHEREAS, exempt according to California Environmental Quality Act Article 5 § 15061 ( b) ( 3), Common Sense Exemption.

NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Lathrop hereby approves a Memorandum of Understanding ( MOU) Related to Funding for the Mossdale Tract Area Projects Between SJAFCA, the City of Stockton, and the City of Manteca; and
BE IT FURTHER RESOLVED, the City Council of the City of Lathrop hereby delegates authority for the City Manager to execute the MOU; and NOW, THEREFORE, BE IT FINALLY RESOLVED, the City finds that this Project is Exempt according to California Environmental Quality Act Article 5 § 15061 b) ( 3), Common Sense Exemption.
78 The foregoing resolution was passed and adopted this 9th day of ] anuary 2023, by the following vote of the City Council, to wit:

AYES:

NOES:

ABSTAIN:

ABSENT:

Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:

Teresa Vargas Salvador Navarrete
City Clerk City Attorney
79 ATTACHMENT B

MEMORANDUM OF UNDERSTANDING

REGARDING THE DEVELOPMENT OF ADDITIONAL FUNDING SOURCES FOR THE MOS5DALE TRACT AREA AS BETWEEN THE

SAN JOAQUIN AREA FLOOD CONTROL AGENCY AND
THE CITIE5 OF LATHROP, MANTECA, AND STOCKTON
This Memorandum of Understanding( the" MOU") is entered into by and between the San Joaquin Area Flood Control Agency (" SJAFCA"), the City of Lathrop (" Lathrop"), City of Manteca Manteca"), and the City of Stockton (" Stockton") ( three listed Cities referenced hereinafter collectively as " Participating Cities.") This MOU shall be effective upon execution by SJAFCA and the Participating Cities( the" Effective Date").

RECITALS
A. SJAFCA has been designated as the Local Flood Management Agency(" LFMA") for the Mossdale Tract Area since 2018 and, consistent with Government Code 65007( a)( 5), prepared and issued reports on an annual basis to the Central Valley Flood Protection Board regarding the efforts underway to achieve 200- year level of protection for the Mossdale Tract Area(" Adequate Progress Reports").

B. SJAFCA, as the LFMA, continues to make significant progress toward 200- year protection for the Mossdale Tract as detailed in the Adequate Progress Reports(" Mossdale Tract Area Proj ect").

C. SJAFCA' s current financing plan reflected in each ofthe annual Adequate Progress Reports for the Mossdale Tract Area Project contemplates revenues from the following sources:

Early contributions from member agencies;
Enhanced infrastructure financing district( EIFD);
Development impact fee ( DIF); and
Overlay Assessment District( OAD).

D. Each of the first three elements ofthe financing plan have been implemented according to schedule. However, SJAFCA elected to delay the formation ofthe OAD from its current timeline of late 2022/ 23 to late FY 2023/ 24 with the expectation that assessments can commence being levied in FY 2024/ 25.

E. In addition, SJAFCA has been developing an alternative financing plan to ensure adequate and complete funding for the Mossdale Tract Area Project. The most beneficial alternative financing plan requires a Federal feasibility study conducted by the U.S. Army Corps of Engineers ( USACE) followed by Congressional authorization that can then result in a significant infusion of Federal funds to the basin. The Mossdale Tract is unique among urban areas in the Central Valley seeking significant increases in flood protection in that it is the only such urban basin which is not receiving Federal funds by partnering with the USACE. The Parties agree that obtaining such Federal funds is a significant benefit to the region and the State and should be the Parties' highest priorities. 80 F. SJAFCA' s cash flow scenarios related to the Mossdale Tract Area Project indicate that it has adequate funds on hand to meet its cash flow demands through 2023. While the USACE is developing its feasibility study, and while SJAFCA works to form an OAD, the Parties have agreed to execute this MOU by which the Participating Agencies commit to negotiate and execute an agreement which will backstop any funding needs of 5JAFCA that may exist after 2023 (" Advanced Funding Agreement") provided, however, that prior to providing such funds, the Participating Cities shall confirm that they can provide the funds without materially harming existing programs and the Participating Cities acknowledge that a failure to provide such funds may result in SJAFCA' s inability to take certain actions regarding the Mossdale Tract Area Project.

G. Subject to 5ection 10 of the " Amended Agreement for Collection of SJAFCA Mossdale Tract Area Regional Urban Level of Flood Protection Development Impact Fee," it is the intention of the Parties to seek to use future revenue sources ( e. g., OAD, EIFD, Development Impact, etc.) to reimburse any funding provided by the Participating Cities under this MOU.

NOW, THEREFORE, the Parties hereby agree as follows:

AGREEMENT

1. Commitment for an Advanced Funding Agreement. Parties agree to negotiate and then use good faith to consider execution of an Advanced Funding Agreement during calendar year 2023 whereby Participating Cities shall agree to make sufficient funds available to SJAFCA to meet operational shortfalls for the Mossdale Tract Area Project net of revenues from all other funding sources.

2. No Third- Party Beneficiaries. This MOU is intended solely for the benefit of the Parties and shall not be construed to create any rights for any other person or entity.

3. Term. This MOU shall be effective upon execution by the last ofthe Parties( the" Effective Date"). This MOU shall remain in effect from the Effective Date until such time as terminated by the written agreement of all ofthe Parties.

4. Notices. Notices to the Parties shall be sufficient if delivered as follows:

For City of Lathrop:

City of Lathrop
ATTN: Teresa Vargas, City Clerk
390 Towne Centre Drive
Lathrop, CA 95330
81 For City of Manteca:

City of Manteca
ATTN: City Clerk; City Engineer; City Manager' s Office 1001 W. Center Street
Manteca, CA 95337
For City of Stockton:

City of Stockton Community Development Department
ATTN: Community Development Director
424 N. El Dorado Street
Stockton, CA 95202
For San Joaquin Area Flood Control Agency:

San Joaquin Area Flood Control Agency
ATTN: Executive Director
22 East Weber Avenue, Room# 301
Stockton, Ca 95202
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates specified in the signature block below.

CITY OF LATHROP APPROVED AS TO FORM BY THE CITY

OF LATHROP CITY ATTORNEY
By: By:

Stephen J. Salvatore, City Manager Salvador Navarrete, City Attorney

CITY OF MANTECA
By:

Toni Lundgren, Interim City Manager
82 For City of Manteca:

City of Manteca
ATTN: City Clerk; City Engineer; City Manager' s Office 1001 ' V. Center Street
Manteca, CA 95337
For City of Stockton:

City of Stockton Community Development Department
ATTN: Community Development Director
424 N. El Dorado Street
Stock on, CA 95202
For San Joaquin Area Flood Control Agencyr:

San Joaquin Area Flood Control Agency
ATTN: Executive Director
22 East Weber Avenue, Roam # 301
Stockton, Ca 95202
1 i WITNESS 4' HEREC) F, the I' arties ha re executed tl is A reement as of the dates specified in the si nature lock below.

CITY OF LATHROP
By:

Stephen Salvatore, City Manager

CITY OP VIANTECA
ay" tk.

By:

Toni L, undgren, Interim City Manager
83 SAN JOAQUIN AREA FLOOD CONTROL AGENCY
By:

Chris Elias, Executive Director
Approved as to form:

Scott L. Shapiro

CITY OF STOCKTON

HARRY BLACK

CITY MANAGER
APPROVED AS TO FORM:

LORI ASUNCION

CITY ATTORNEY
ATTEST:

ELIZA GARZA

CITY CLERK
AUTHORIZING ACTION:
84 ITEM 4.8

CITY MANAGER' S REPORT
JANUARY 9, 2023 CITY COUNCIL REGULAR MEETING
ITEM: APPROVE AMENDED AGREEMENT AND LEASE
BETWEEN TESLA, INC. AND THE CITY OF LATHROP

FOR CROSSROADS PARKING
RECOMMENDATION: Adopt Resolution Approving an Amended Agreement and Lease between Tesla, Inc. and the City of
Lathrop for Crossroads Parking
CEQA STATUS: Not a Project as Defined in Section 15378 of the CEQA Guidelines
SUMMARY:

On November 8, 2021, City Council approved the Agreement and Lease between Tesla, Inc. and the City of Lathrop for the use of a nine ( 9) acre employee parking lot located at 18800 Christopher Way ( APN 198- 130- 59), which is adjacent to the City' s wastewater treatment plant. Tesla, Inc. ( Tesla) is manufacturing Megapack Battery Units ( Megapacks) at their manufacturing facility located at 700 D' Arcy Parkway, located just north of the Lease location. Tesla has requested an amendment to the Lease to add the storage of the Megapacks at the 18800 Christopher Way location. This amendment would allow the property to be used for employee parking or storage of Megapacks.

Staff recommends that the Council approve the Amended Agreement and Lease between Tesla and the City of Lathrop, included as Attachment B".

BACKGROUND:

Tesla has an increasing presence in the Crossroads Business Park, with the building located at 700 D' Arcy Parkway being their most recent addition. The facility will produce Tesla' s newest product, Megapacks, which is a grid- scale battery backup and storage system. Megapacks will be exclusively manufactured in Lathrop and shipped worldwide to mitigate unstable electrical grids, support renewable energy use in offpeak generation hours and provide back- up power during grid failures. The existing parking and area for additional parking at the 700 D' Arcy Parkway facility is insufficient for the approximate total of 1, 500 employees working in two shifts.

Tesla is now considering accommodating their employee parking at the 700 D' Arcy location by storing the completed Megapacks offsite. Therefore, Tesla has requested an amendment to the Lease for the addition of the option to store Megapacks at 18800 Christopher Way. Staff recommends that the Council approve the Amended Agreement and Lease between Tesla and the City of Lathrop ( Amended Lease), included as Attachment " B".
85 CITY MANAGER' S REPORT PAGE 2
JANUARY 9, 2023 CITY COUNCIL REGULAR MEETING
APPROVE AMENDED AGREEMENT AND LEASE BETWEEN TESLA, INC. AND THE

CITY OF LATHROP FOR CROSSROADS PARKING
The Amended Lease will also allow Tesla to construct improvements on the City property, including but not limited to paving, lighting, and striping to facilitate employee parking or storage of Megapacks. The Amended Lease will remain active for four years with the option of extension for an additional four years. Both the City and Tesla have the option to terminate the Amended Lease Agreement with 90 days' notice, giving the City flexibility in the use of the property.

REASON FOR RECOMMENDATION:

Tesla' s presence in Lathrop promotes growth throughout the City by providing jobs and tax revenue. The manufacturing facility at 700 D' Arcy will create roughly 1, 500 jobs in the City as well as additional tax revenue and therefore staff is working to facilitate the maximum operation by providing a parking solution forTesla employees.

Staff recommends that Council approve the Amended Agreement and Lease Between Tesla, Inc. and the City of Lathrop for Crossroads Parking to allow Tesla to use this land for additional employee parking or storage of Megapacks.

CEQA STATUS:

Not a Project as Defined in Section 15378 of the CEQA Guidelines FISCAL IMPACT:

There is no fiscal impact to the City.

ATTACHMENTS:

A. Resolution Approving an Amended Agreement and Lease between Tesla, Inc. and the City of Lathrop for Crossroads Parking
B. Amended Agreement and Lease Between Tesla, Inc. and the City of Lathrop for Crossroads Parking
86 CITY MANAGER' S REPORT PAGE 3
JANUARY 9, 2023 CITY COUNCIL REGULAR MEETING
APPROVE AMENDED AGREEMENT AND LEASE BETWEEN TESLA, INC. AND THE

CITY OF LATHROP FOR CROSSROADS PARKING
APPROVALS:
2• g• ZoZZ
Michael King Date
Assi tant Cit anager
1' za : aCari Jam Date
Finance i tor
I I otiv
Salvador Navarrete Date
City Attorney
t• • Z3
Ste n J. Salvatore Date
City Manager
87 RESOLUTION NO. 23-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP APPROVING AN AMENDED LEASE AGREEMENT BETWEEN TESLA, INC. AND

THE CITY OF LATHROP FOR CROSSROADS PARKING
WHEREAS, Tesla, Inc. ( Tesla) has an increasing presence in the Crossroads Business Park, with the building located at 700 D' Arcy Parkway being their most recent addition. Most of Tesla' s operations are manufacturing, which requires many employees and vehicle parking; and
WHEREAS, the existing parking and area for additional parking at the 700 D' Arcy facility is insufficient for the approximate total of 1, 500 employees; and WHEREAS, on November 8, 2021, City Council approved the Agreement and Lease between Tesla, Inc. and the City of Lathrop ( Lease) for the use of a nine ( 9) acre employee parking lot located at 18800 Christopher Way ( APN 198- 130- 59), which is adjacent to the City' s wastewater treatment plant; and WHEREAS, Tesla is manufacturing Megapack Battery Units ( Megapacks) at their manufacturing facility located at 700 D' Arcy Parkway, located just north of the Lease location. Tesla is now considering accommodating their employee parking at the 700 D' Arcy Parkway location by storing the completed Megapacks offsite and therefore, has requested an amendment to the Lease to add the storage of the Megapacks at the 18800 Christopher Way location. This amendment allow them to utilize the property for employee parking or storage of Megapacks; and WHEREAS, staff recommends that the Council approve the Amended Agreement and Lease between Tesla; and
WHEREAS, the Amended Lease will also allow Tesla to construct improvements on the City property, including but not limited to paving, lighting, and striping to facilitate employee parking or storage of Megapacks; and WHEREAS, the Amended Lease will remain active for four years with the option of extension for an additional four years. Both the City and Tesla have the option to terminate the Lease Agreement with 90 days' notice, giving flexibility in the City' s use of the property; and
WHEREAS, the City finds this is not a Project as defined in Section 15378 of State CEQA Guidelines.

NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Lathrop hereby approves the Amended Lease Agreement between Tesla, Inc. and the City of Lathrop for Crossroads Parking; and
BE IT FURTHER RESOLVED, the City finds this is not a Project as defined in Section 15378 of State CEQA Guidelines.
88 The foregoing resolution was passed and adopted this 9th day of January 2023, by the following vote of the City Council, to wit:

AYES:

NOES:

ABSTAIN:

ABSENT:

Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:

Teresa Vargas Salvador Navarrete
City Clerk City Attorney
89 ATTACHMENT
a 3 n wi
AMENDED AGREEMENT AND LEASE BETWEEN TESLA, INC. AND

THE CITY OF LATHROP

FOR CROSSROADS PARKING
This Amended Agreement is entered into this 9th day of January, 2023, to amend and replace the original agreement and lease between Tesla, Inc. and the City of Lathrop for Crossroads Parking dated, November 8, 2021, ( This Amended Agreement and Lease " Agreement") by and between Tesla, Inc., a Delaware corporation ( hereinafter referred to as " TESLA") and the City of Lathrop, a general law city duly incorporated and existing under the laws of the State of California hereafter referred to as " CITY"). The CITY and TESLA are referred to herein collectively as the Parties" and individually as a " Party".

WITNESSETH
WHEREAS, the CITY owns Assessor Parcel Number 198- 130- 59, located along Christopher Way, in the City of Lathrop, State of California hereinafter referred to as the " PROPERTY" as shown on EXHIBIT " A", attached hereto and incorporated herein. CITY intends to grant an easement and license to a certain communication company for a cell tower installation and access drive as shown on Exhibit B attached hereto ( the " Tower Areas"). TESLA shall have no right of access to the Tower Areas. The CITY has the authority, full right and power to make, execute and deliver this Agreement; and
WHEREAS, the CITY agrees to temporary allow TESLA to utilize the PROPERTY, excluding the Tower Areas, for the construction of a vehicle parking facility for the purpose of TESLA' s employees, agents, contractors, licensees and invitees' parking to support TESLA' s ongoing and future business operations in the Crossroads Industrial Park and/ or for the construction of a storage facility for the purpose of TESLA' s storage of Mega Pack Battery Units ( the " Permitted Uses").

NOW, THEREFORE, for and in consideration of the mutual covenants and agreements hereinafter set forth the Parties agree as follows:

1. The CITY hereby leases to TESLA the PROPERTY to TESLA, and TESLA hereby leases from the CITY the PROPERTY ( except for the Tower Areas), to have and hold for the Term, subject to the covenants, terms, and conditions of this Agreement. TESLA shall construct the Permitted Uses consistent with current City Standards at TESLA' s own cost and expenses for the beneficial use of TESLA' s operations within the Crossroads Business Park(" TESLA' s Improvements").

Such Permitted Uses are hereinafter referred to as the " PARKING/ STORAGE LOT". 90 2. TESLA agrees the PROPERTY is land upon which exists minor installations and equipment, such as abandoned pipes ( the " Installations"), and TESLA accepts both the PROPERTY and the Installations in their present condition. TESLA further agrees that it will construct the PARKING/ STORAGE LOT in compliance with applicable laws and legal requirements.

TESLA shall have the right to maximize the amount of useable land or parking spaces located within the PARKING/ STORAGE LOT ( including but not limited to the right to restripe the PARKING/ STORAGE LOT at TESLA' s discretion) and to install a security enclosure on the Premises around the PARKING/ STORAGE LOT at TESLA' s sole cost and expense.

TESLA at TESLA' s discretion shall have the right to install electric vehicle chargers at any time during the Term in the PARKING/ STORAGE LOT and otherwise in accordance with applicable laws and the terms of this Agreement.

3. The initial term of this Agreement is for a period commencing on the date first written above and ending on January 9, 2027; thereafter TESLA shall have the option to request City Manager' s approval of an additional four- year extension, for up to one additional four- year period, not to exceed January 9, 2031 upon the same terms, covenants and conditions contained in this Agreement as long as TESLA maintains its lease on the building located at 700 D' Arcy Parkway, Lathrop, CA 95330. Upon a thirty ( 30) day advance written notice to the City extension request shall require a separate written extension agreement mutually agreed to and fully executed by the Parties prior to the end of each extension term.

If the Parties sign no such extension agreement prior to the end of the initial or any extension term, this Agreement shall be deemed terminated and the Parties shall have no further obligations under this Agreement ( except for the surviving obligations that are expressly agreed to in this Agreement). TESLA shall be required to remove all of TESLA' s personal property and equipment from the PROPERTY. Notwithstanding any other provision herein, either Party may terminate this Agreement at any time during the Term by providing the other Party written notice of termination at least ninety ( 90) days in advance of the intended termination date. In the event CITY desires to sell the PROPERTY, TESLA shall have the right of first opportunity or right of first offer or right of first refusal as applicable, and CITY shall inform TESLA of such intent prior to marketing, selling or offering the PROPERTY for sale. TESLA shal) inform CITY of its intent to purchase the PROPERTY upon terms and conditions consistent with applicable law and mutually acceptable to both PARTIES, or to waive its right, within thirty (30) days of CITY' s written notice.
91 4. The annual lease payment from TESLA to CITY for the land use is $ 1. 00 per annum, for each of CITY' s fiscal year ( which is July 1 — June 30), including any period of time during the planning and permitting process. This annual lease payment requirement shall become effective upon the execution of this Agreement.

5. This Agreement is subject to all existing easements, licenses and rights of way for canals, roads, pole lines, utilities, pipelines and other purposes.

6. CONSTRUCTION OF IMPROVEMENTS
a. TESLA shall obtain a conditional use permit and building permits as required for TESLA' s Improvements. All TESLA' s Improvements shall be designed by a licensed engineer or architect ( or qualified in house engineer or architect) in the State of California and all work shall be done by California licensed contractors. Permits required by any public agency for TESLA' s Improvements shall be obtained and paid for by TESLA prior to commencing said activities. TESLA shall submit the plans and specifications for TESLA' s Improvement plans to the CITY for review and approva) prior to commencing TESLA' s Improvements.
b. TESLA acknowledges that buildings or any other use than the Permitted Use will not be allowed on the PROPERTY without the prior written approval from CITY. c. All equipment and vehicles on the PROPERTY, whether owned by TESLA or by its employees, agents, contractors, licensees and invitees shall be removed from the PROPERTY, and the PROPERTY shall be restored to the same or improved condition by TESLA at its sole cost and expense and to CITY' s reasonable satisfaction within thirty (30) days of the termination of this Agreement, whether a 30- day notice triggers such termination date by either Party or by the expiration of this Agreement, unless CITY and TESLA mutually agree otherwise in writing. Any failure of TESLA to timely remove all equipment and vehicles shall be deemed an abandonment of such items and a waiver of any right to claim compensation for such items by TESLA. Upon a three (3) days' written notice to TESLA, the CITY shall be permitted to enter the PROPERTY and take possession and ownership of all equipment or, at the CITY' s sole discretion, the CITY may have such items removed and disposed of and the CITY shall have a right to recover the costs of such removal and disposal from TESLA.
d. Prior to the performance of Tesla' s Improvements, and if applicable, TESLA shall enter into service or construction agreements with all persons or entities 92 performing Tesla' s Improvements at the PROPERTY pursuant to TESLA' s standard service agreements.

7. The PARKING/ STORAGE LOT shall be maintained byTESLA, and all supplies and equipment needed for the maintenance of the PARKING/ STORAGE LOT shall be supplied by TESLA at TESLA' s sole cost and expense. TESLA' s activities shall not interfere or hinder any other CITY activities, however CITY shall notify TESLA in writing if any such interference occur so that TESLA has the opportunity to cure promptly and diligently fotlowing CITY' s notice.

8. CITY reserves the right to dedicate easements and install improvements for CITY and nonCITY utilities within the PROPERTY upon advance written notice to TESLA and the opportunity for TESLA to discuss with CITY in the event such encumbrances will materially interfere with TESLA' S PARKING/ STORAGE LOT. TESLA acknowledges the CITY will in the near future dedicate an easement to PG& E for high voltage transmission poles along the frontage as described on Exhibit C as well as a telecom tower at the far east edge of the PROPERTY, as described on Exhibit B.

9. TESLA shall submit demolition plans, obtain CITY approval and abandon and dispose of all existing irrigation and other existing items that are in conflict with PARKING/ STORAGE LOT prior to constructing improvements.

10. CITY owns all soil on PROPERTY and therefore CITY must be consulted prior to the export and/ or modification of any soil; any soil export shall require CITY' s approval in writing prior to the export of any soil by TESLA ( if any). TESLA shall submit grading plans for CITY for review and approval prior to commencing any grading activities.

11. PROPERTY shall be maintained, repaired and operated by TESLA at its sole cost and expense. TESLA shall pay all expenses in connection with the use of the PROPERTY hereunder and the rights and privileges granted herein including, without limitation by reason of enumeration, utilities, insurance, repairs, maintenance, permit fees, licenses fees, and assessments lawfully leveled or assessed upon TESLA' s operation at and from the PROPERTY. TESLA will secure all permits and licenses required by any ordinance or statute or other government regulation. All utilities servicing TESLA PARKNG/ STORAGE LOT shall be separately metered with the utility provider of TESLA' S choice.

12. TESLA shall obtain and maintain continuously in effect at all times during the term hereof at TESLA' s sole expense, general liability insurance protecting the City of Lathrop, elected officials, employees, agents and volunteers against liability which may accrue against CITY by reason of TESLA' s conduct and use of the PROPERTY, pursuant to TESLA' s standard insurance policies, including Workers' Compensation in the amounts and as required by the state of California. Such insurance must include the CITY and its agents as additional 93 insured hereunder. TESLA may provide any insurance required hereunder under so- called blanket policies covering other parties and locations so long as the coverage required hereunder is not diminished. TESLA may self-insure for the insurance required in this section TESLA shall promptly supply CtTY with a certificate of insurance (" C01") evidencing compliance with the above requirements. TESLA shall not be permitted to commence any activity or operate on the PROPERTY unless a COI is provided to the CITY.

13. TESLA shall indemnify, defend and hold CITY its elected officials, employees, agents and volunteers harmless from and against any and all liability, third party claims, suits, actions, damages and causes of action arising out of any personal injury, bodily injury, loss of life or damage to property of any violation of any federal state or municipal law or ordinance to the extent caused by the willful misconduct or negligent acts or omissions of TESLA, its employees, contractors, subcontractors or agents or on account of the performance or character of TESLA' s Improvements, except for any claim arising out of the negligence or willful misconduct of CITY, its elected officials, employees, agents, contractors, subcontractors, or volunteers. It is understood that the duty of TESLA to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance of insurance certificates and endorsements required under this Agreement does not relieve TESLA from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply whether or not insurance policies shall have been determined to be applicable to any of damages or claims for damages.

14. NOTICES
Any demand or notice which any Party shall be required or may desire to make upon or give any other concerning this Agreement shall be in writing and shall be delivered via electronic delivery to:

LESSEE: TESLA, Inc.

Attn: leaseadmin@tesla. com
With a copy to: TESLA, Inc., attn: lease administration, 901 Page Ave.

Fremont, CA 94538
And an electronic copy to: leaseadmin@Tesla. com
LESSOR: City of Lathrop
Attention: City Manager
390 Towne Centre Drive
Lathrop, CA 95330
94 CC: City of Lathrop
Attention: City Clerk
390 Towne Centre Drive
Lathrop, CA 95330

15. TESLA shall permit CITY and its agents at all times upon 24 hours written notice to TESLA except in the event of an emergency) to enter upon the PROPERTY to perform inspections.

16. TESLA shall not commit or permit others to commit waste, nuisance, or any other act that could disturb the quiet enjoyment of adjoin or neighboring lands and dwellings.

17. TESLA shall dispose of all waste and rubbish consistent with local regulations. TESLA will keep the PROPERTY free and clean of all rubbish, litter, and any other discarded materials that would cause the PROPERTY to appear unclean or unkempt.

18. TESLA shall conduct all operations on the PROPERTY in strict conformity to applicable ordinances and regulations that are now or may hereafter be enacted or adopted by any governmental agency as it relates to the Permitted Use.

19. Nothing herein shall be deemed to make either TESLA an employee, agent, or joint venture of any with CITY.

20. The failure of any Party to this Agreement to insist upon the performance of any of the terms and conditions of their Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as thereafter waiving any such terms and conditions. The same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred.

21. It is agreed that this Agreement shall be governed by, construed and enforced according to State of California law. In the event that any legal action is filed in relation to this Agreement, each Party shall be responsible to paying their own attorney fees.

22. CITY reserves the right to withdraw all or parts of the PROPERTY from this Agreement if such lands are in Judgment of CITY or required for CITY purposes provided that at least 180 days' prior written notice is given to TESLA.

23. The invalidity of any portion of this Agreement will not be deemed to affect the validity of any other provision in the event that any provision of this Agreement is held to be invalid the Parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by all Parties subsequent to the expungement of the invalid provision.
95 24. If TESLA fails or defaults in the faithful keeping or performance of any of the agreements herein contained, then CITY at its option may terminate and end this Agreement after 180 days' written notice to TESLA and reenter the PROPERTY and remove all persons and property therefrom.

25. Any modification or assignment of this Agreement or additional obligation assumed by any Party in connection with this Agreement shall be binding only if placed in writing, and signed by each Party or any authorized representative of each Party. TESLA shall not, without the written consent of the CITY having first been obtained, assign or encumber this Agreement or any part of the PROPERTY.

IN WITNESS HEREOF the CITY of Lathrop, a municipal corporation, has authorized the execution of this Agreement by its City Manager and attestation by its City Clerk on the date first written above.

CITY" TESLA"
City of Lathrop, a municipal corporation Tesla, Inc., a Delaware corporation BY: BY:

Stephen J. Salvatore Tesla, Inc.

City Manager
BY:

Tesla, Inc.

ATTEST:

BY:

Teresa Vargas
City Clerk

APPROVED AS TO FORM BY THE CITY OF
LATHROP CITY ATTORNEY:

BY:

Salvador Navarrete
City Attorney
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AUTHORIZATION
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BY u+ N VALLEY
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CITY OF LATHROP sc uE NONE
LATHROP, CA SHEETNO. 1 0 t
o.K. EKF2

PACIFIC GAS AND ELECTRIC COMPANY ORAWINGDIUMBER CHIWG
OATE 9l15l202D San Franclsco Caltfofila SL- 1593
102

CITY MANAGER' S REPORT
ITEM 4. 9
JANUARY 9, 2023 CITY COUNCIL REGULAR MEETING
ITEM: APPROVE CONTRACT CHANGE ORDER NO. 1
WITH WEST COAST ARBORISTS, INC. FOR

GRID C TREE PRUNING AND MAINTENANCE
RECOMMENDATION: Adopt Resolution Approving a Contract Change Order No. i with West Coast Arborists, Inc. for
Stonebridge Grid C Tree Pruning and
Maintenance
CEQA STATUS: Not a Project as defined in Section 15378 of the State CEQA Guidelines
SUMMARY:

In October 2021, the City began a Tree Inventory Program to count and perform an assessment of each City- owned tree. The Tree Inventory Program categorized Cityowned trees into four grids, with each grid assessed and pruned every four years.

The Tree Inventory concluded in May of 2022. Grid A was scheduled in FY 21/ 22 and the pruning started in June of 2022. Grid A pruning was completed in November of 2022.

Grid C is currently scheduled for FY 22/ 23. The City' s contract with West Coast Arborists, Inc. has an amount not to exceed of $ 100, 000 per fiscal year. As a result of completing Grid A and commencing Grid C in the same fiscal year, the City would exceed the contract limit for FY 22/ 23. Therefore, the City is requesting City Council approve the proposed Contract Change Order allowing the contract amount not to exceed $ 200, 000 for fiscal year 22/ 23.

BACKGROUND:

In accordance with Lathrop Municipal Code 2. 36. 150, an RFP for Tree Maintenance Services was issued on September 23, 2020 and four ( 4) proposals were received.

After evaluating and ranking the proposals, West Coast Arborists Inc. was determined to be the lowest responsive and responsible bidder. On November 9, 2020, City Council awarded the Tree Maintenance Services Contract to West Coast Arborists, Inc. in the initial amount of $ 70, 000 for emergency and on- call requests for the maintenance of City- owned trees and $ 100, 00 for each of the next two fiscal years FY 21/ 22 and FY 22/ 23) ( Resolution 20- 4803).

In October 2021, the City entered into a, one- time, Professional Service Agreement with West Coast Arborists, Inc. in the amount not to exceed $ 60, 000 to create a Tree Inventory Program to count and perform an assessment of each City- owned tree.

The Tree Inventory Program resulted in the City- owned trees being divided into four grids, with each grid being assessed and pruned every four years, as outlined in the contract scope of work.
103
CITY MANAGER' S REPORT PAGE 2
JANUARY 9, 2023 CITY COUNCIL REGULAR MEETING
APPROVE CONTRACT CHANGE ORDER WITH WEST COAST ARBORISTS, INC.

FOR GRID C TREE PRUNING AND MAINTENANCE
The four grids are:

Grid A: Mossdale Area
Grid B: Stanford Crossing and Central Lathrop
Grid C: Stonebridge
Grid D: Historic Lathrop
Grid A, which consists of 1, 441 trees, was identified as having the most urgent need and therefore was selected as the first grid to receive maintenance. In addition to the maintenance, twenty tree stumps were identified in Grid A to be removed. The tree maintenance and stump removal in Grid A commenced in June 2022 and was completed in November 2022.

Grid C, which consists of 853 trees, was identified as having the second most urgent need of pruning and maintenance. In addition to the maintenance, seven trees were identified as needing to be removed along with thirty- three tree stumps.

Grid C is currently scheduled for FY 22/ 23. The City' s contract with West Coast Arborists, Inc. has an amount not to exceed of $ 100, 000 per fiscal year. As a result of completing Grid A and commencing Grid C in the same fiscal year, the City would exceed the contract limit for FY 22/ 23. Therefore, the City is requesting City Council approve the proposed Contract Change Order allowing the contract amount not to exceed $ 200, 000 for fiscal year 22/ 23.

Staff recommends City Council approve the proposed Contract Change Order in order to allow West Coast Arborists, Inc. to continue to perform the proposed scope of work of completing Grid C and on call services in FY 22/ 23.

RECOMMENDATION:

Adopt a Resolution Approving a Contract Change Order with West Coast Arborists, Inc. for Grid C Tree Pruning and Maintenance.

FISCAL IMPACT:

There is no fiscal. Funds are available in the FY 21/ 22 to FY 22/ 23. 104
CITY MANAGER' S REPORT PAGE 3
7ANUARY 9, 2023 CITY COUNCIL REGULAR MEETING
APPROVE CONTRACT CHANGE ORDER WITH WEST COAST ARBORISTS, INC.

FOR GRID C TREE PRUNING AND MAINTENANCE
ATTACH M ENTS:

A. Resolution Approving a Contract Change Order with West Coast Arborists, Inc. for Grid C Tree Pruning and Maintenance
B. Map of Mossdale Grid A
C. Map of Stonebridge Grid C
D. Contract Change Order No. 1 with West Coast Arborists, Inc.

E. West Coast Arborists, Inc. Contract for Tree Maintenance Services and Resolution 20- 4803
F. West Coast Arborists, Inc. Professional Service Agreement for Citywide Tree Inventory
105
CITY MANAGER' S REPORT PAGE 4
ANUARY 9, 2023 CITY COUNCIL REGULAR MEETING
APPROVE CONTRACT CHANGE ORDER WITH WEST COAST ARBORISTS, INC.

FOR GRID C TREE PRUNING AND MAINTENANCE
APPROVALS:
1• , 3
To d Sebastian Date
Director of Parks, Recreation
and Maintenance Services
I/ j/d'Oo. 3
Cari Ja s Date
Director f inance
ze . 3
Salvador Navarrete Date
City Attorney
lr' 1i
Step Salvatore Date
City Manager
106

ATTACHMENT A
RESOLUTION NO. 23-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP APPROVING CONTRACT CHANGE ORDER NO. 1 WITH WEST COAST
ARBORISTS, INC. FOR GRID C TREE PRUNING AND MAINTENANCE WHEREAS, on November 9, 2020, City Council awarded a Tree Maintenance Service Contract to West Coast Arborists, Inc. for emergencies and on- call requests for the maintenance of City- owned trees Citywide; and
WHEREAS, the approved annual contract between the City of Lathrop and West Coast Arborists, Inc. is in the amount of $ 100, 000 per fiscal year for emergency and on- call requests; and
WHEREAS, in October 2021, West Coast Arborists, Inc. entered into a separate, one- time Professional Service Agreement with the City to create a professional citywide Tree Inventory Program and Assessment Services; and WHEREAS, in 2022, West Coast Arborists, Inc. completed a Citywide Tree Maintenance Grid Prune Plan; and
WHEREAS, the Grid Prune Plan divided the City into four grids, Grid A, located in the Mossdale area; Grid B, located in Stanford Crossing and Central Lathrop; Grid C, located in Stonebridge; and Grid D, located in Historic Lathrop; and WHEREAS, Grid A was identified as having the most urgent need and therefore the location to begin the grid prune process with pruning 1, 441 trees throughout the Grid A Mossdale area, along with the removal of twenty tree stumps; and
WHEREAS, Grid C, with 853 trees, in Stonebridge is in the second most urgent need for the pruning and maintenance process to begin, along with the removal of seven trees and thirty- three tree stumps; and
WHEREAS, West Coast Arborists, Inc. has provided the City with a proposal to complete Grid C pruning in FY 22/ 23; and
WHEREAS, as a result if completing Grid A and commencing Grid C in the same fiscal year, a Change Order is needed to increase the FY 22/ 23 total by 100, 000; and
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby approve the Contract Change Order with West Coast Arborists, Inc. for $ 100, 000, bringing the total authorized contracted amount for FY 22/ 23 to 200, 000 to include Grid C pruning and maintenance in addition to citywide emergency and on- call requests.
107
A-fTACHMENT A
The foregoing resolution was passed and adopted this 9T" day of January 2023, by the following vote of:

AYES:

NOES:

ABSTAIN:

ABSENT:

Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:
i .

Teresa Vargas, City Clerk Salvador Navarrete, City Attorney 108
Prune Grid A - Mossdale

ATTACHMENT B
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Attachment D
CHANGE ORDER NO. 1
FY 2022- 23 INCREASED CITYWIDE TREE PRUNING AND

MAINTENANCE CITY OF LATHROP
CONTRACT CHANGE ORDER NO. 1
FY 2022- 23 INCREASED CITYWIDE TREE PRUNING AND MAINTENANCE Contractor: West Coast Arborists, Inc.

Address: 2200 E. Via Burton Street
Anaheim, CA 92806
Change Order Date January 2023
Contract Execution Date: November 9, 2020
Notice to Proceed Date: November 9, 2020
This contract change order augments or changes the following:
1) ADDITIONS TO CONTRACT
Pursuant to the provisions of the Contract Specifications and proposal attached as Exhibit A, you are hereby directed to make the herein described changes to the plans and specifications, and scope of work contracted for within the terms of the agreement between the City of Lathrop and West Coast Arborists, Inc. dated November 9, 2020.

I. CHANGES IN THE SPECIFICATIONS
A. None
II. ADDITION( 5) TO CONTRACT
FY 2022- 23 Increased Citywide Tree Pruning and Maintenance 100, 000 Citywide Tree Pruning and Maintenance( FY 2022- 23) 100, 000 ORIGINAL CONTRACT AMOUNT( ANNUAL) 100, 000
TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 1 ( ANNUAL) 100, 000 REVISED ANNUAL CONTRACT AMOUNT AFTER CHANGE ORDER NO. 1 200, 000

END OF CHANGESJ
111
CHANGE ORDER NO. 1
FY 2022- 23 INCREASED CITYWIDE TREE PRUNING AND

MAINTENANCE CITY OF LATHROP

DESCRIPTION OF WORK
See additions to contract. The contractor provided all labor, material, equipment and performed all incidental tasks as necessary to complete the change order.

TIME OF COMPLETION
The work is to begin as soon as the Notice to Proceed is received. To run throughout the duration of the contract.

RELEASE AND WAIVER
Acceptance of this Contract Change Order constitutes a full and final resolution of all pending disputes between City and Contractor regarding scope of work and payment for work. Contractor accepts this Contract Change Order as full payment for all work performed to date and hereafter to be performed, up to and including Contract Change Order No. 1. Contractor releases and discharges City from any and all claims, demands, damages, actions and causes of actions and causes of action for injuries, damages or losses, whether known or unknown, foreseen or unforeseen, arising directly from Contractor' s work on this contract. Contractor expressly waives the provisions of California Civil Code, Section 1542, which reads as follows:

A general release does not extend to claims which the Creditor does not know or suspect to exist in his favor at time of executing the release, which if known by him must have materially affected his settlement with the debtor.

END OF SECTION)
112
CHANGE ORDER NO. 1
FY 2022- 23 INCREASED CITYWIDE TREE PRUNING AND

MAINTENANCE CITY OF LATHROP
Recommended J, Z3 By:

Todd Sebastian Date
Director of Parks, Recreation, and
Maintenance Services
City of Lathrop
Approved As
To Form: L
Salvador Navarrete Date
City Attorney
City of Lathrop
Approved By:

Stephen 1. Salvatore Date
City Manager
City of Lathrop
Accepted By
Contractor:

Patrick Mahoney, President Date
West Coast Arborists, Inc.

Print Name and Title
113
WEST COAST ARBORISTS, INC. Exhibit A
3fiY5 E. Stevensnn Avenue Stocktan, CA 95205
2 9. 547. 0297 Phone 209. 547. 0385 Fax WCAINC. COM
PROFORMA FOR TREE MAINTENANCE SERViCES

CUSTOMER INFORMATION
Main Contact Billing Contact

LILY LILI DEBRA WHEALE

CITY OF LATHR P CITY OF LATHROP
2112 E. LOUISE AVE 2112 E. LOUISE AVE
LATHROP, CA 9533 LATHROP, CA 95330
209. 993.9386 IIiuC ci. lathrop. ca. us 209. 941. 7467 dwhealeL ci. lathrop. ca. us i •• 1 . .

Yes 69459 353570

JOB LOCATION
Grid C

SCOPE F WORK
Grid prune
I I 1
788.0 Grid Prune Each 90. 00 70,920. 00
I I 1 ' I II

COMMENTS
CA Contractors License 366764 Federal Taz ID: 95- 3250682 CA DIR Registratian IDOOOU0956 TIM P TTERSON fkR f Mf Nf R 20/ 12/ 22

ESTIMATED BY TITLE DATE

ACCEPTED BY TITLE DATE
Printed on: 10/ 12/ 2022 929: 08 AM Page 1 of 1
114
WEST COAST ARBDRISTS, INC.
3625 E. Stevensan Avenue Stacktan, CA 95205
ZD9. 547. 0297 Phone 209. 547. 0385 Fax WCAINC. COM

PROFORMA FOR TREE MAINTENANCE SERVICES

CUSTOMER INFORMATIDN
Main Cantact Billing Contact
LIIY llll DEBRA WHEALE

CITY OF LATHROP CITY OF LATHROP
2112 E. LOUISE AVE 2112 E. LOUISE AVE
LATHR P, CA 95330 LATHR P, CA 95330
209.993. 9386 IIiuLci. lathrop. ca. us 209. 941. 7467 dwhealeC ci. lathrop. ca. us I . .

Yes 353570

JOB LOCATI N
Grid C

SCOPE OF WORK
Tree and stump removal of( 7) trees identified as potential high risk. Stump only removal of( 33) identified stumps.

I 1 1

30. 00 Stump Grinder Hour 2. 80 624.00
150. 00 Laborer- scheduled Man Hour 62.40 9, 360. U0

60. 00 foreman - scheduled Man Hour 72. 80 4,368.00

30. OU Brush Chipper Haur 10. 40 312. 00

60. 00 Pickup Truck Hour 31. 20 1, 872. 00

30.00 Bucket Truck Hour 31. 20 936. 00

30. 00 Dump Truck Hour 31. 20 936. 00

30.00 Rolloff/ Loader Hour 52. 00 1. 560. 0
Tree Stump Removal Backup Each 0. 00 0. 00
Stump Only Removal Backup Each 0. 00 0. 00
I I

COMMENTS
Printed on: 10/ 12/ 2022 10: 12: 03 AM 115

WEST COAST ARBDRISTS, INC.
3625 E. Stevenson Avenue Stockton. CA 95205
209. 547.0297 Phone 209.547.0385 Fax WCAINC. COM

PROFORMA FOR TREE MAINTENANCE SERVICES
CA Contractors License 366764 Federal Tax ID: 95- 3250682 CA DIR Registration 1000000956 TIM Pf TT RSON 4RE. 4 Mf Nf R 10/ 12/ 22

ESTIMATED BY TITLE DATE

ACCEPTED BY TITLE DATE
Printed on: 10/ 12/ 2022 10: 12: 03 AM Page 2 of 2
116

CERTIFICATE OF LIABILITY INSURANCE

DATE( MM/ DDM( YY)
ACORD osiaoi2o22
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES p
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER( S), AUTHORIZED = REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. 0° IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this w certificate does not confer rights to the certificate holder in lieu of such endorsement( s).

PflODUCER CONTACT
AO11 Risk Insurance 52I' VlC2S WeSt, InC. p E FAX
Los An el es CA Offi ce
NC. No. Ext): 866) 283- 7122
ac. No.: <
800) 363- 0105 d0
707 wi shi re aoul evard E- MAIL
Suite 2600 ADDRESS:

Los Angeles CA 90017- 0460 USA
INSURER( S) AFFORDING COVERAGE NAIC#
INSURED INSURERA: NdVIJdtOfS Specialty Insurance Company 36056 west Coast a,rborists, inc.
u suReAe: 5tarr Indemnity & iability Company 38318
220 E Via eurton
Anaheim CA 92806 USA ir+suReRe: Starr Specialty Insurance Company 16109 INSURER D:

INSURER E:

INSURER F:

COVERAGES CERTIFICATE NUMBER: 570094282139 REVISION NUMBER:

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested LTR TYPE OF INSURANCE p yyyp POLICY NUMBER MM/DD/YY MM/ DD/ YYYY LIMRS X COMMERCIAL GEt ffRAL LIABILRV EACH OCCURRENCE S?, 000, OOO CLAIMS- MADE X OCCUR S1, OOO, 000
PREMISES Ea occurrence
MED EXP( Any one person) S 5, 000
PERSONAL& ADV INJURY 2, OOO, O00
GEN' LAGGREGATELIMITAPPLIESPER: GENERALAGGREGATE S4, OOO, OOO POLICY X PE LOC PRODUCTS- COMP/OPAGG E4, UOO, OOO
OTHER: o
n
B AUTOMOBILE LIABILRY Y 1000198198221 07/ Ol/ 2022 07/ Ol/ 2023 COMBINED SINGLE LIMIT 2, OOO, OOO E i n X ANY AUTO BODILV INJURY( Per person) Z
OWNED SCHEDULED BODILY INJURY( Per accident) y

AUTOS ONLY AUTOS

HIREDAUTOS NON- OWNED PROPERTYDAMAGE V
ONLV AUTOS ONLY Per accident
d
A
UMBRELLALIAB X OCCUR SE22EXCZOS9NKIC 07 Ol 2022 07 Ql 2023 EACHOCCURRENCE SS, 000, 000 V

X EXCESSLIAB CLAIMS- MADE AGGREGATE SS, OOO, OOO

DED RETENTION
C WORKERSCOMPENSATIONAND lOOOOO421$ 07 Ol 2022 07 Ol 2023 X PERSTATUTE OTHEMPLOYERS' LIABILRY ER
viN workers Comp cn
ANV PROPRIETOR/ PARTNER/ EXECUTIVE E. L. EACH ACCIDENT SZ OOO OOO OFFICER/ MEMBEREXCLUDED? N/ A $ IR applies per policy ter 5 & COfIC I 1Of15 Mandatory In NFq E. L. DISEASE- EA EMPLOYEE El, 000, 000 It yes, describe under
DESCRIPTION OF OPERATIONS below E. L. DISEASE- POLICY LIMIT bl, 000, 000— DESCRIPTION OF OPERA710NS/ LOCATIONS/ VEHICLES( ACORD 101, Addkbnal Remarks Schatlule, mey be attached if more space Is requlred) ity of Lathrop its Council members, directors, officers, agents and employees are included as ndditional insured in accordance with the policy provisions of the General iability and Automobile iability policies. General iability and automobile iability policies evidenced herein are Primary and Non- Contributory to other insurance available to an additional ._ insured, but only in accordance with the policy' s provisions. /+ Waiver of Subrogation is granted in favor of City of athrop, its Council members, directors, officers, a ents and employees in accordance with the policy provisions of the General iability, Automobile iability and workers Compensation policies. Excess iability follows form over the General iability, nutomobile Liability and Employers iability policies.

CERTIFICATE HOLDER CANCELLATION
J

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATtON DATE TXEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WRH THE POLICY PROVISIONS.

Cl ty Of Ldthf' Op AUTHORI2ED REPRESENTATIVE
390 Towne Centre Drive
Lathrop cA 95330 USA
001988- 2015 ACORD CORPORATION. All rights reserved.

ACORD 25( 2016/03) The ACORD name and logo are registered marks of ACORD 117
AGENCY CUSTOMER ID: 570000083713
LOC#:
4 ADDITIONAL REMARKS SCHEDULE Page _ of _

AGENCY NAMEDINSURED
Aon Risk Insurance Services west, Inc. west Coast Arborists, inc.

POLICV NUMBER
See Certificate Number: 570094282139

CARRIER NAIC CODE
see Certificate Number: 570094282139 EFFECTIVEDATE:

ADDITIONAL REMARKS

THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance INSURER( S) AFFORDING COVERAGE NAIC#

INSURER

INSURER

INSURER

INSURER
ADDITIONAL POLICIES If a policy below does not include limit information, refer to the conesponding policy on the ACORD certificate form for policy limits.

INSR

POLICY POLICY

ADDL SUBR POLICY NUMBER LIMITS

LTR TYPEOFINSURANCE INSD WVD

EFFECTIVE EXPIRATION

DATE DATE

MM/ DD/YYYY) ( MM/ DD/YYYY)

WORKERS COMPENSATION
B N/ A 1000004229 07/ O1/ 2022 07/ O1/ 2023
Workers Comp Az
SIR applies per policy te ms & condit ons
ACORD 101( 2008101) 2008 ACORD CORPORA710N. All rights reserved.

The ACORD name and logo are registered marks of ACORD
118
POLICY NUMBER: 1000100141221 COMMERCIAL GENERAL LIABILITY Effective: 07/ 01/ 2022 CG 20 10 0413
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - OWNERS, LESSEES OR

CONTRACTORS - SCHEDULED PERSON OR

ORGANIZATION
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
Name Of Additional Insured Person( s) Or
Organization( s): Location( s) Of Covered Operations
Where Required By Written Contract Where Required By Written Contract Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

A. Section II — Who Is An Insured is amended to 1. All work, including materials, parts or include as an additional insured the person( s) or equipment furnished in connection with such organization( s) shown in the Schedule, but only work, on the project ( other than service, with respect to liability for " bodily injury", " property maintenance or repairs) to be performed by or damage" or " personal and advertising injury" on behalf of the additional insured( s) at the caused, in whole or in part, by: location of the covered operations has been

1. Your acts or omissions; or
completed; or

2. The acts or omissions of those acting on your
2• That portion of " your work" out of which the
behalf; injury or damage arises has been put to its
in the performance of your ongoing operations for
intended use by any person or organization
the additional insured( s) at the location( s)
other than another contractor or subcontractor
designated above.
engaged in performing operations for a
principal as a part of the same project.

However:

1. The insurance afforded to such additional
C. With respect to the insurance afforded to these
insured only applies to the extent permitted by
additional insureds, the following is added to
law; and
Section III— Limits Of Insurance:

2. If coverage provided to the additional insured is If coverage provided to the additional insured is required by a contract or agreement, the required by a contract or agreement, the most we insurance afforded to such additional insured will pay on behalf of the additional insured is the will not be broader than that which you are amount of insurance:
required by the contract or agreement to 1. Required by the contract or agreement; or provide for such additional insured.

2. Available under the applicable Limits of
B. With respect to the insurance afforded to these Insurance shown in the Declarations; additional insureds, the following additional whichever is less. exclusions apply: This endorsement shall not increase the This insurance does not apply to " bodily injury" or applicable Limits of Insurance shown in the properry damage" occurring after: Declarations.

CG 20 10 04 13 O Insurance Services Office, Inc., 2012 Page 1 of 1 119
POLICY NUMBER: 1000100141221 COMMERCIAL GENERAL LIABILITY Effective: 07/ 01/ 2022 CG 20 37 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - OWNERS, LESSEES OR

CONTRACTORS - COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

PRODUCTS/ COMPLETED OPERATIONS LIABILITY COVERAGE PART

SCHEDULE
Name Of Additional Insured Person( s) Or Location And Description Of Completed Or anization s : O erations
Where Required By Written Contract Where Required By Written Contract Information re uired to com lete this Schedule, if not shown above, will be shown in the Declarations.

A. Section 11 — Who Is An Insured is amended to required by the contract or agreement to include as an additional insured the person( s) or provide for such additional insured. organization( s) shown in the Schedule, but only
with respect to liability for " bodily injury" or B. With respect to the insurance afforded to these property damage" caused, in whole or in part, by additional insureds, the following is added to your work" at the location designated and Section III— Limits Of Insurance:
described in the Schedule of this endorsement If coverage provided to the additional insured is performed for that additional insured and included required by a contract or agreement, the most we in the" products- completed operations hazard". will pay on behalf of the additional insured is the However: amount of insurance:

1. The insurance afforded to such additional 1. Required by the contract or agreement; or insured only applies to the extent permitted by 2, Available under the applicable Limits of law; and Insurance shown in the Declarations;

2. If coverage provided to the additional insured is whichever is less. required by a contract or agreement, the
insurance afforded to such additional insured This endorsement shall not increase the applicable will not be broader than that which you are
Limits of Insurance shown in the Declarations.

CG 20 37 04 13 O Insurance Senrices Office, Inc., 2012 Page 1 of 1 120
POLICY NUMBER: 1000198198221 COMMERCIAL AUTO
CA20481013
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

DESIGNATED INSURED FOR

COVERED AUTOS LIABILITY COVERAGE
This endorsement modifies insurance provided under the following:

AUTO DEALERS COVERAGE FORM

BUSINESS AUTO COVERAGE FORM

MOTOR CARRIER COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement.

This endorsement identifies person( s) or organization( s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form.

This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below.

Named Insured: West Coast Arborists, Inc.

Endorsement Effective Date: 07/ 01/ 2022

SCHEDULE
Name Of Person( s) Or Organization( s):

Where required by written contract
Information re uired to com lete this Schedule, if not shown above, will be shown in the Declarations.

Each person or organization shown in the Schedule is
an" insured" for Covered Autos Liability Coverage, but
only to the extent that person or organization qualifies as an " insured" under the Who Is An Insured
provision contained in Paragraph A.1. of Section II —
Covered Autos Liability Coverage in the Business
Auto and Motor Carrier Coverage Forms and
Paragraph D. 2. of Section 1 — Covered Autos
Coverages of the Auto Dealers Coverage Form.

CA 20 48 10 13 O Insurance Services Office, Inc., 2011 Page 1 of 1 121
1 Starr Indemnity & Liability Company
Dallas, TX 1- 866- 519- 2522

THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY

WAIVER OF TRANSFER OF RIGHTS OF RECOVERY

AGAINST OTHERS TO US
Policy Number: 1000198198221 Effective Date: 07/ 01/ 2022 at 12: 01 A. M.

Named Insured: West Coast Arborists, Inc.

This endorsement modifies insurance provided under the following:

BUSINESS AUTO COVERAGE FORM
Section IV - Business Auto Conditions, A. - Loss Conditions, 5. - Transfer of Rights of Recovery Against Others to Us, is amended to add:

However, we will waive any right of recovery we have against any person or organization with whom you have entered into a contract or agreement because of payments we make under this Coverage Form arising out of an " accidenY' or" loss" if:
1) The" accident" or" loss" is due to operations undertaken in accordance with the contract existing between you and such person or organization; and 2) The contract or agreement was entered into prior to any " accident" or " loss".

No waiver of the right of recovery will directly or indirectly apply to your employees or employees of the person or organization, and we reserve our rights or lien to be reimbursed from any recovered funds obtained by any injured employee.

All other terms, conditions and exclusions of the policy shall remain unchanged.

Signed for STARR INDEMNITY& LIABILITY COMPANY
a°. 9

11. Steve Blakey, President Nehemiah E. Ginsburg, Genera ounsel SICA 1020( 03/ 12) Page 1 of 1
Copyright O C. V. Starr 8 Company and Starr Indemnity& Liability Company. All rights reserved.

Includes copyrighted material of ISO Properties, Inc., used with its permission. 122
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 Ed. 04- 84)

WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT- CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. ( This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule.

The additional premium for this endorsement shall be 2• of the California workers' compensation premium otherwise due on such remuneration.

Schedule
Person or Organization Job Description
Any person or organization to whom you become obligated to waive Where required by contract your rights of recovery against, under any contract or agreement you enter into prior to the occurrence of loss.

This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated.

The information below is required ony when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective: 07/ 01/ 2022 Policy No.: 100 0004228 Endorsement No.:

Insured: West Coast Arborists, Inc. Premium:

Insurance Company: Starr Specialty& Liability COmpany Countersigned by; WC 04 03 06
Ed. 04- 84) Page 1 of 1
123
ATTACHMENT E Y: v. i' Ir..

It/ Of
Office of tl:e Cit Mr nnger 390 Towne Centre Dr.- Lathrop, CA 95330 Phone( 209) 941- 7220- fax( 209) 941- 7248
w n. Ci. lathroU. Ca. u.s

NOTICE T( PROCEED
Vl est Coast Arborists, Inc.

Patrick Mahoney, President
220 E. Via Burton Street
Anaheim, CA 92806
Sent via emc i! £ originnt niailed: mn{io rei iiUClilI1C. 00I) 1 Dear Mr. Mahoney,
This is to in#orm you that on November 9, 2020, the City Council of the City of Lathrop authorized the City Manager to award the Contract for Tree Maintenance 5ervices to West Coast Arborists, Inc.

This is your Notice to Proceed to the Contract dated November 9, 2020 for Tree Maintenance Services.

Should you have any questions regarding this project, please contact Michael King, the staff inember directly involved with this proje t, at { 209) 941- 7220.

Sincerely,
Stephen J. Salvatore
City Manager
Copy: Teresa Vargas, City Clerk
Project File
124

CONTRACT FOR TREE MAINTENANCE SERVICES
BETWEEN THE CITY OF LATHROP AND WEST COAST ARBORISTS, INC.

This Contract, dated November 9, 2020, is entered into by and between the City of Lathrop, a municipal c orporation of the State of California { City), and West Coast Arborists Inc., Contractor), whose Taxpayer ldent catio Number is q5 3 5 O( D$ o For and in consideration of the following cavenants, terms and conditions, City and Contractor( the parties) agree:

1. Term. This Contract shall commence on, and be binding on #he parties on, the date of execution of this Contract, and shall expire on June 30, 2021, subject to the earlier termination of this Contract. This contract may be extended by the Ciry Manage for up to two ( 2) additional consecutive years after the initial contract period in one ( 1) year increments at a total amount maximum of$ 100, 000 per year at the same rates as provided by Contractor in Exhibit A. The City shall notify the Contractor in writing of the intent to extend the contract by June 1 of the current contract year.

2. General Sc one of Proiect and Woric. The work ta be performed is described in the Ci of Lathroo Reauest for Pr000sal for Tree Maintenance Services Project). Contractor shall fumish labor, services, materials and equipment in connection with the performance of the described Tree Maintenance and o mplete the Woiic in accordanc e with the covenants, terms and conditions of this Contract to the satisfaction of the City. The Woiic shall be complete, and all appu tenant work, materials, and services not expressly shown or called for in the Proposal Documents which may be necessary for the complete and proper performance of the Tree Maintenancs in good faith shall be performed, fumished, and installed by the Contractor as though originally specified or shown. The Contractor will be compensated for actual work performed in accordance with the rates and provisions contained in these Documents and those submitted in the Contractor' s proposal.

Work to be dete mined and may be but Is not required to be assigned by the City on an as- needed basis. paid at the rates provided by the Contractor in Exhibit A, and up to a Not-to-Exceed Total Amount of:
570.000( Seventv Thousand Dollarsl

3. Documents. No Amount of work or payment is gua anteed by this wntract. This Co tract shall include the Citv of Lathro Reauest for Pronosal fo Tree Maintenance Services Project) which is on fils with the Public Works Department and is hereby incorporated by reference( i.e. RFP, certi ication of insurance) and the Proposal submitted by West Coast Arborists on October 5, 2020, attached as Exhibit A. For the purposes of construing, interpreting and resolving inconsistencies beiw en the provisions of this Contract, these documents and tt e provisions thereof are set forth in the following order of precedence:

Contract, RFP, Contractors P oposal.

4. Comoensation. In consideration of Contractor' s performance of its obligations hereunder, Cit r shall pay to Contractor at the rates set forth in the Contractors Submitted Cost Proposal Rate Schedules in accordanc with the provisions of this Contract and upon the receipt of written invoicss and all necessary supporting documentation within the time set 125
fo th in the Construction Documents. Contractor hereby shall not be permitted to invoice the City nor accept compensation for work not yet complete. In no event, shall the Contractor be entitled to payment for work not inciuded in the approved scope of worlc, a written task order, or change order signed by the City' s Public Works Director prior to commencement of any wo lc.

5. Insurance. On or before the Date of Execution, Contractor shall obtain and maintain the policies of insurance coverage described in Section Vill of the RFP on terms and conditions and in amounts as may be required by the City. City shall not be obligated to take out insurance on Contractor' s personal property or the personal property of any pers n performing labor or services or supplying materials or equipment under the Project.

Contractor shall fumish City with tf certificates of insurance and with original endorsemeMs affecting coverage required under this Contract on or before the Date of Execution. The ce t cates and endorsements for each insurance policy shall be signed by a pe n who is authorized by that insurer to bind coverage on its behalf. Proof of insurance shail be mailed to the Project Manager to the address set forth in Section 15 of this Contract.

6. Indemnification. Contractor agrees to protect, defend, indemnify and hold City, its City Council members, of ic8rs, employees, engineer, and construction manager harmless from and against any and all claims, demands, liabilities, losses, damages, costs, expenses, liens, penalties, suits, or judgments, arising in whole or in part, directly or indirectly, at any time from any injury to or death of persons or damage to property as a result of the wiliful or negligent act or omission of Contractor, or which results ftom Contractor' s noncompliance with any Law respecting the condition, use, occupation or safety of the Project site, or any part thereof, or which arises from Contracto' s failure to do anything required under this Contract or for doing anything which Contractor is required not to do under this Contract, or which arises from conduct for which any Law imposes strict liability on Contractor in the perFormance of or failure to perfoRn the terms and conditions of this Contract, except as may arise from the sole willful or negligent act or omission of City or any of its City Council members, o icers, employees. This indemn cation shall extend to any and ail claims, demands, or liens made or fiied by reason of any construction, renovation, or remodeling work performed by Contractor under this Contract at any time du ing the term of this Contract, or arising thereafter.

7. Assum tion of Risk. Contraetor agress to voluntarily assume any and all risk of loss, damage, or injury to the prope ty of Contractor which may occur in, on, or about the Project site at any time and in any manner, excepting such loss, injury, or damage as may be caused by the sole willful or negligent act or omission of City or any of its City Council members, officers, or employees.

8. Waiver. The acceptance of any payment or performance, or any part thereof, shall not operate as a waiver by City of its rights under this Contract. A waiver by City of any breach of any part or provision of this Contract by Contractor shall not operete as a waiver or continuing waiver of any subsequent breach of the same or any other provision, nor shall any custom or practice which may arise between the parties in the administration of any part or provision of this Contract be construed to waive ar to lessen the right of City to insist upon the performance of Contractor in st ict compliance with the covenants, tenns and conditions of this Contract.

126

9. Comnliance wi#h_Laws. Contractor shall comply with ail Laws now in force or which may hereafter be in force pertaining to the Project and Work and this Contract, with the requirement of any fire underwriters or other similar bociy now or hereafter vonstituted, with any discretionary license or permit issued pursuant to any Law of any public agency or official as well as with any provision of aH recorded documents affecting the Project site, insofar as any are required by reason of the use or occupancy of the Project site, and with all Laws pertaining to nondiscrimination and affirmative action in employment and hazardous materials.

10. nds. Not Applicable to this Contract.

11. Re resentations and Warranties. In the supply of any materials and equipment and the rendering of labor and services du ing the course and scope of the Project and Work, Contractor represents and warrants:
1) Any materials and equipment which shall be used during the course and scope of the Project and Work shall be vested in Contractor,
2) Any materials and equipmeM which shall be used during the course and scope of the Project and Work shali be merchantabie and frt to be used for the particular purpose for which the materials are required;
3) Any labor and services rendered and materials and equipment used or employed during the course and scope of the Project and Work shall be free of defects in wo icmanship for a period of one ( 1) year after the recordation of the Notice of Substantial Completion, or, if no such notice is required to be filed, on the date that final payment is made hereunder,
4) Any manufacturer's warranty obtained by Contracto shall be obtained or shall be deemed obtained by Contractor for and on behalf of City. 5) Any information submitted by Contractor prior to the award of Contract, or thereafter, upon request, whether or not submitted under a continuing obligation by the terms of the Contract to do so, is true and correct at the time such information is submitted ar made available to the City; 6) Contractor has not colluded, conspired, or agreed, directly or indirectly, with any person in regard to the terms and conditions of Contracto s Bid, except as may be permitted by the Notice to Contractors;
7} Contractor has the power and the authority to enter into this Contract with City, that the individual executing this Contract is duy authorized to do so by appropriate resolution, and that this Contract shall be executed, delivered and perFormed pursuant to the pow er and authority confe red upon the person or persons authorized to bind Contractor;
8) Contractor has not made an attempt to exert undue influence with the Project Manager or any other person who has directly contributed to City' s decision to award the Contract to Contractor;

127
9) There a e no unresolved claims or disputes between Contractor and City which would materially affect Contractor's ability to perform under the Contract; 10) Contractor has fumished and wiU fumish true and accurate statements, records, repo ts, resolutions, certifications, and other written info rnation as may be requested of Contractor by City from time to time during the term of this Contract; 11) Contrector and any person pe Forming labor and services under this Project is duly licensed as a contractor with the State of Californfa as required by Calffomia Business 8 Professional Code Section 7028, as amended; and 12) Con or has fully examined and inspected the Project sites and assets proposed for maintenance ( assets) and has full knowledge of the physical conditions of the Project sites and assets.

12. Assi4nment. This Contract and the performance required hereunder is personai to Contractor, and it shall not be assigned by Contractor. Any attempted assignment shall be null and void.

13. Claims of Contractor. All claims pertaining to extra work, additionai charges. or delays within the Contract Time o other disputes arising out of the Contract shall be submitted by Contractor in accordance with the General Conditions.

14. Audits bv Citv. During the term of this Contract and for a period of not less than three( 3) years after the expiration or ea lier termination of this Contract, City shall have the right to audit Contractor's Project-related and Work-related writings and business records, as such terms are defined in Califomia Evidence Code Sections 25U and 1271, as amended, during the regular business hours of Contractor, or, ff Contractor has no such hours, during the regular business hours of City.

15. Notices. Ali contracts, agreements, appointments, approvals, authorizations, claims, demands, Change Orders, consents, designations, notices, offers, requests and statements given by either party to the other shali be in writing and shall be sufficiently given and served upon the other party if ( 1) personally served, ( 2) sent by the United States mail, p ostage prepaid, ( 3) sent by private express delivery service, or ( 4) in the case of a facsimile transmission, if sent to the telephone FAX number set forth below during re ular business hours of the receiving party and followed with two ( 2) days by delivery of a hard copy of the material sent by facsimile transmission, in acxordance with 1), ( 2) or( 3) above. Personal service shall include, without limitation, service by delivery and service by facsimile transmission.

To City: City of Lathrop
City Cleric
390 Towne Centre Drive
Lathrop, CA 95330
209) 941- 7430
FAX: ( 209) 941- 7449

128
Copy To: Public Works Director
390 Towne Centre Drive
Lathrop, CA 95330
To Contractor: West Coast Arborists
2200 E. Va Burton Street
Anaheim, CA 92806
Phone: 714) 991. 1900
Fax: 714) 956.3745
ATTN: c#or Gonzalez

16. Miscelianeous.
1) Bailee Disclaimer. The parties understand and agree that City does not purport to be Contractor' s bailee, and City is, therefore, not responsible for any damage to the personal property of Contracto.
2) Consent. Wheneve in this Contract the approval or consent of a party is required, such approval or consent shall be in writing and shall be executed by a person having the express authority to grant such approval or consent. 3) Controlling Law. The parties agree that this Contract shall be govemed and constn.ied by and in accordance with the Laws of the State of Califomia. 4) Definitions. The definitions and terms are as defined in these specifications. 5) For ce Majeu e. Neither party shall be deemed to be in default on a000unt of any delay or failure to pe form its obligations under this Contract, which directly results from an Act of God o an act of a superior governmental authority. 6) Headings. The paragraph headings are not a part of this Contract and shall have no effect upon the construction or interpretation of any part of this Contract. 7) Incorporation of Documents. Ail documents constituting the Construction Documents described in Section 3 hereof and all documents which may, from time to time, be referred to in any duly executed amendment hereto are by such reference incorporated in this Contract and shall be deemed to be part of this Contract.
8) Integration. This Contract and any amendments hereto between the parties constitute the entire contract befin een the panies conceming the Project and WoNc, and there a e no other prior oral or v rritten contracts beM een the parties that are not incorporated in this Contract.
9} Modification of Contract. This Contract shall not be mod ed or be binding upon the parties unless such mod cation is agreed to in writing and signed by the parties.

129
10) Provision. Any contract, c ovenant, candition, clause, quatificati n, restriction, eservation, term or other stipulation in the Contract shall define or otherwise control, establish, or limit the perFormance required or permitted or to be required of o permitted by either party. All provisions, whether covenants or conditions, shall be deemed to be both covenants and conditions.
11) Resolution. Corrtractor shall submit with its Bid a copy of any corporate or partnership resolution or other writing, which authorizes any director, officer or other employee or partner to act for or on behalf of Contractor or which authorizes Contractor to enter into this Contract.
12} Severability. If a court of competent jurisdiction finds or rules that any provision of this Contract is void or unenforceable, the provisions of this Contract not so affected shall remain in fuli force and effect.
13) Status of Contracto. In the exercise of rights and obligations under this Contract, Contrador acts as an independent contractor and not as an agent or employee of City. Contractor shall not be entitied to any rights and benefitas accorded or accruing to the City Council members, officers or employees of City, and Contractor expressly waives any and all claims to such rights and benefits. 14) Successors and Assigns. The provisions of this Contract shall inure to the benefit of, and shall apply to and bind, the successors and assigns of the parties. 15) Time of the Essence. Time is of the essence of this Contract and each of its provisions. In the calculation of time hereunder, the time in which an act is ta be performed shall be computed by excluding the first Day and including the last. If the time in which an act is to be perf'ormed falis on a Saturday, Sunday, or any Day observed as a legal holiday by City, the time for performance shall be extended to the following Business Day.
16) Venue. In the event that suit is brought by either party hereunder, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of San Joaquin or in the United States District Court for the Eastem District of Califomia.
17) Recovery of costs. The prevailing party in any action brought to enforce the terms of this Contract or arising out of this Corrtract, including the enforcement of the indernnity provision{ s), may recover its reasonable costs, including reasonable attomey's fees, incurred or expended in connection with such action against the non- prevailing party.
18) Cflntractor and subcantractors must compty with all applicable standards, orders, or requi ements issued under Section 306 of the Clean Air Act( 42 USC 1857( h)), Section 508 of the Clean Water Act( 33 USC1368), Executive Order 11738, and Environmental Protection qency Regulations at 40 CFR Part 15. 19) Contractors and subcontractors must c mply with mandatory standards and policies relating to the energy efficiency which are contained in the State Energy Conservation Plan issued in compliance with the Energy Policy and Conservation ACT( Public Law 94- 163, 89 stat 871).

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20) The Contractor shall provide access to the site for the Environmental Protection Agency and its duly authorized representatives, and the City. 21) If du ing the course of construction evidence of deposit of historical or archaeological interest is found, the Contractor shall cease operation affecting the find and shall notify the City, who shall notify the EPA and the State Historic Preservation Officer. No further disturbance of the deposits shall ensue until the Contractor has been notified by the City that construction may proceed. The City wili issue a notice to proceed only after the state official has surveyed the find and made a determination to the EPA and the City. Compensation to the contractor, if any, for lost time or changes in construdion to avoid the find, shall be determined in aocflrdance with changed conditions or change order provisions of the Constniction Documents.
22) Notice to Proceed. Prior to commencing work under this Contract, CONTRACTOR shall eceive a written " Notice to Proceed° f om CITY. A Nptice to Proceed shall not be issued until all necessary insurances have been received. City shall not be obligated to pay CONTRACTOR for any services prior to issuance of the Notice to proceed.
23) Signatures. The individuals executing this Contract represerrt and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Contract on behalf of the respective legai entities of the CONTRACTOR and the CITY. This Contract shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.
24) This project is a public works project: Contractor shall comply with requirements of Califomia Labor Code§ 1700 and following, and prevailing wages shall be paid for work perfonned on this project.
25) The statutory provisions for penalties for failing to comply with the State of Califomia wage and labor laws be enforced, as well as that for failing to pay prevailing wages.

LIST OF EXHIBITS:

A: CONTRACTOR' S SUBMITTED PROPOSAL, INCLUDING:
i. CONTRACTOR' S SUBMITTED COST PROPOSAL SCHEDULES A, B, C, D and E
ii. CONTRACTOR' S SUBMITTED QUA IFICATIONS AND EXPERIENCE

STATEMENT
B: CONTRACTOR' S SUBMITTED WORKERS COMPENSATION CERTIFICA710N Certification ofinsurance and worker' s compensation cerh;ficarion shall befurnished to the City by the Contractor after City Council's approval with resolutiorr.

131
Approved as to Form: City of Lathrop
City Attome
i/ Z/ 2v
Salvador Navarrete Date
Recommended for Approval: City of Lathrop
Public Works Director
4!- Z- Zoo2p
Michael King Date
Approved By: City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
Z • tOZG
en J. Salvatore Date
City Manager
Contractor: West Coast Arborists, Inc.
220 E. a Burton Street
Anaheim, CA 92806
Fed ID # 5- 250682
Lathrop s n s ' cens
11/ 12/ 2020
Signatu Date
Patrick Mahoney, President
Print Name and Title

132
RESOLUTION NO. 2- 4803

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP

APPROVING A CONTRACT TO WEST COAST ARBORISTS FOR TREE

MAINTENANCE SERVICES
WHEREAS, the City does nat have the proper equipment nor trained personnel to maintain the heafth and structure of City- owned trees aver 25' in height; and WHEREAS, a licensed professional tree service company and a Certified Arborist are needed to provide maintenance services and professional recommendations for City- owned street and park trees over 25' in height and respond to emergencies involving City- owned trees; and
WHEREAS, in accordance with Lathrop Municipal Code 2. 36. 150, a Request for Proposal ( RFP) for Specialized Tree Maintenance Services was issued on September 23, 2020 and 4 proposals were received on October 5, 2020; and WHEREAS, after evaluating and ranking the proposals, West Coast Arborists was dete mined to be the best qualified firm; and
WHEREAS, the initial term of the Contract is from November 9, 2020 to June 30, 2021, and Council may authorize the City Manager to extend the Contract for up to two ( 2) additional one- year terms; and
WHEREAS, the Contract establishes hourly labor and equipment rates based on West Coast Arborists' submitted cost proposal rate schedules for scheduled tree maintenance, in order to reduce administrative time and operations and maintenance costs to procure these services; and
WHEREAS, the Contract establishes hourly labor and equipment rates based on West Coast Arborists' submitted cost proposal rate schedules for unscheduled and emergency tree maintenance services that may be equired; and WHEREAS, the Contract establishes a Not- To- Exceed ( NTE) amount of 70, 000 for the first term of November 9, 2020 to June 30, 2021; and WHEREAS, staff requests City Council approve a Contract with West Coast Arborists to provide Tree Maintenance Services for the term of November 9, 2020 to une 30, 2021 at a NTE amount of$ 70, 000 and authorize the City Manager to extend the contract for up to two ( 2) additional consecutive years after the initial contract period in one ( 1) year increments at a total amount maximum af $100, 000 per year; subject to City Council approval of budget allocation; and WHEREAS, sufficient funds were allocated for this work to each Community Facilities District in the FY 2020- 21 Budget.

Resolution No. 20- 4803
133
NOW, THEFtEFORE, BE IT RESOLVED, that the City Council of the City of Lathr p hereby approves a Contract with West Coast Arborists for Tree Maintenance Services for a NTE amount of $ 70, 000 for the term of November 9, 2020 to June 30, 2021 and authorizes the City Manager to extend the contract for up to two 2) additional one- year terms at a NTE amaunt of$ 100, 000 per term, subject to City Council budget approval.

The foregoing resolution was passed and adopted this 9t" day of November 2020, by the following vote of the City Council, to wit:

AYES: Akinjo, Lazard, Salcedo, Torres- O' Callaghan, and Dhaliwal NOES: None
ABSENT: None
ABSTAIN: None
S y Dh iwal, yor
ATTEST: ARPROVED AS TO FORM:

T resa Vargas, City rk Salvador Navarrete, City Attorney Resolution No. 20- 4803
134
i.,
Y.

ATTACHMENT F
City of
Of ice of the City Manager 390 Towne Centre Dr. - Lathrop, CA 95330 Phone( 209) 941- 7220- fax( 209) 941- 7248
www. ci.lathrop. ca. us

NOTICE TO PROCEED
West Coast Arborists, Inc.

Patrick Mahoney, President
220 E. Via Burton Street
Anahiem, CA 92806
Dear Mr. Mahoney:

Enclosed please find your original executed agreement to provide Professional Citywide Tree Inventory and Assessment Services. This is your Notice to Proceed to the attached agreement.

Should you have any questions regarding this project, please contact Zach Jones at (209) 941- 7385, the staff inember directly involved with this project.

Sincerely,
y -'".
r'
Stephen J. Saivatore
Cify Manager
Copy: Teresa Vargas, City Clerk
Project File
135

CITY OF LATHROP

AGREEMENT FOR PROFESSIONAL CITY-WIDE TREE INVENTORY AND ASSESSMENT SERVICES WITH WEST COAST ARBORISTS, INC.

CITY-WIDE TREE INVENTORY
THIS AGREEMENT, dated for convenience this nday of October, 2021, is by and between West Coast Arborists, inc. CONSULTANT") and the City of Lathrop, a California municipal corporation (" CITY");
RECITALS:

WHEREAS, CONSULTANT is specially trained, experienced, and competent to perform City-Wide Tree Inventory and Assessment, which are required by this agreement; and WHEREAS, CITY selected the CONSULTANT pursuant to said qualifications; and WHEREAS, CONSULTANT is willing to render such City-Wide Tree Inventory and Assessment, as hereinafter defined, on the following terms and conditions; NOW, THEREFORE, CONSULTANT and the CITY agree as follows:

AGREEMENT
1) Scoae of Service
CONSULTANT agrees to perform City-W ide Tree Inventory and Assessment in accordance with the scope of work and fee proposal provided by CONSULTANT, attached he eto as Attachment " A" at locations provided in Attachment " B" and incorporated herein by reference. CONSULTANT represents it is prepared to and can diligently pertorm these services in accordance with the upmost standards of its profession and to CITY'S satisfaction. The fee proposal shall include all reimbursable costs required for the performance of the Scope of Services. Payment af additional reimbursable costs considered to be over and above those inherent in the original Scope of Services shall be approved of in advance and in writing, by the CITY.
2) Compensation
CITY hereby agrees to pay CONSULTANT a sum of$ 4.00 per location not to exceed a total of$ 60,000, for the City-W ide Tree Inventory and Assessment set forth in Attachment" A" at City owned locations provided in Attachment " B". CONSULTANT shall be paid any uncontested sum due and payable within thirty( 30) days of receipt of billings containing all information pursuant to Paragraph 5 below. Compensation for any task must be equal to or less than the percentage of task complete. In no event shall CONSULTANT be entitled to compensation for work not included in Attachment " A", unless a written change order or authori2ation describing the extra work and payment terms has been executed by CITY's authorized representative prior to the commencement of the work. Payment is made based on a time and materials basis.

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CITY OF LATHROP — PROFESSIONAL SERVICES AGREEMENT WITH WEST COAST

ARBORISTS FOR CITY-WIDE TREE INVENTORY AND ASSESSMENT
3) Effective Date and Term
The effective date vf this Agreement is October ZI , 2021, and it shall terminate no later than June 30, 2022.
4j Independent Contractor Status
It is expressly understood and agreed by both parties that CONSULTANT, while engaged in carrying out and complying with any of the terms and conditions of this Agreement, is an independent contractflr and not an employee of the CITY. As an independent contractor, CONSULTANT is responsible for controlling the means and methods to complete the scope of work described in Attachment " A" at locations included in At#achment " B" to City' s satisfaction. CONSULTANT expressly warrants not to represent, at any time or in any manner, that CONSULTANT is an employee of the CITY.
5) Billinqs
CONSULTANT shall submit invoices for completed worlc on a monthly basis, or as otherwise agreed, providing without limitation, details as to amountof hours, individual performing said work, hourly rate, and indicating to what aspect of the Scope of Services said work is attributable. CONSULTANT' S bills shall include a list of all tasks, a total amount due, the amou ts previously billed, and the net amount due on the invoice. Except as specifically authorized by CITY, CONSULTANT shall not bill CITY for duplicate services performed by more than one person. In no event shall CONSULTANT submit any billing for an amount in excess of the rates or the maximum amount of compensation provided in section ( 2) for either task or for the entire Agreement, unless modified by a properly executed change order.
6) Advice and Status Renortins
CONSULTANT shall provide the CITY with timely reports, orally or in wrifing, of all significant developments arising during performance of its services hereunder, and shall furnish to CITY such information as is necessary to enable CITY to monitor ihe performance of this Agreement.

CONSULTANT shall submit to CITY such reports, diagrams, drawings and other work products developed pursuant to the Scope of Services.
7) Aud( tinq
CITY reserves the right to periodically audit all charges made by CO JSULTANT to CITY for services under this Agreement. Upon request, CONSULTANT agrees#o furnish CITY, or a designated representative, with necessary information and assistance needed to conduct such an audit.

CONSUL.TANT agrees that CITY or its delegate will have the right to review, obtain and copy all records pertaining to performance of this Agreement. CONSULTANT agrees to provide CITY or its delegate with any relevant information requested and shall permit CITY or its delegate access to its premises, upon reasonable notice, during norma! business hours for the purpose of interviewing employees and inspecting and copying such books,

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CITY OF LATHROP — PROFESSIONAL SERVICES AGREEMENT WITH WEST COAST ARBORiSTS FOR CITY-WIDE TREE INVENTORY AND ASSESSMENT
records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with the requirement. CONSULTANT further agrees to maintain such records for a period of three ( 3) years after finai payment under this agreement.
8) Assiqnn ent vf Personnel
CONSULTANT acknowledges that the CITY has relied on CONSULTANT' s capabilities and on the qualifications of CONSULTANT' s principals and staff as identified in its proposal to CITY. The services shall be performed by, or under the direct supervision, of CONSULTANT' s Authorized Representative: Patrlck Maho ey, President. CITY shatl be notified by CONSULTANT of any change of its Autharized Representative, and CITY is granted the right of approval of all original, additional, and replacement personnel at CITY's sole discretior, and shall be notified by CONSULTANT of any changes of CONSULTANTs project staff prior to any change.

CONSULTANT shall assign only competent personnel to perform services pursuant to this Agreement. If CITY asks CONSULTANT to remove a person assigned to the work called for under this Agreement, CONSULTANT agrees to do so immediately, without requiring the City to process a reason or explanation for its request. 9) Assi nment and Subcontracting
It is recognized by the parties hereto that a substantial inducement to CITY for entering into this Agreement was, and is, the professional reputation and campetence of CONSULTANT.

Neither this Agreement nor any interest therein may be assigned by CONSULT NT without the prior written approval of CITY' S authoriied representative. CONSULTANT shall not subcontract any portion of the performance contemplated and provided for herein, other than the subcontractors noted in the proposal, without prior written approval of the CITY' S authorized representative.
10) Insurance
On or before beginning any of the services or work callsd for by any term of this Agreement, CONSULTANT, at its own cost and expense, shall carry, maintain for the duration of the Agreement, and provide proof thereof that is acceptable to the CITY the insurance specified in subsections( a) through( c) below with insurers and unde forms of insurance satisfactory in all respects to the CITY. CONSULTANT shall not allow any subcontractor to commence work on any subcontrac# until all insurance required of the CONSULTANT has also been obtained for the subcontractor. Verification of this insurance shall be submitted and made part of this Agreement prior to execution.
a) Workers' Comnensation. CONSULTANT shall, at C NSULTANT' S sole cost and expense, maintain Statutory Workers' Compensation Insurance and Emplayer's liability Insuran e for any and all persons employed directly or indirectly by CONSULTANT. Said Statutory Workers' Compensation Insurance and Employer' s Liability Insurance shall be provided with limits of not less than one million dollars {$ 1, 000, 000). In the alternative, CONSULTANT may rely on a self- insurance program to meet these requirements provided that the program of self-insurance complies fully with the provisions of the California Labor Code. The insurer, if insurance is

138
CITY OF LATHROP — PROFESSIONAL SERVICES AGREEMENT WITH WEST C AST ARBORISTS FOR CiTY-WIDE TREE INVENTORY AND ASSESSMENT
provided, or the CONSULTANT, if a program of self-insurance is provided, shall waive all rights of subrogation against the CITY for loss arising from work pertormed under this Agreement.
b) Commercial General and Automobile Liabilitv Insura ce. CONSULTANT, at CONSULTANT'S own cost and expense, shall maintain commercial general and automobile liability insurance for the period covered by this Agreement in an amount not iess than one million dollars ($ 1, 000, 000) per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If Commercial Gene al Liabiliry Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non- owned automobiles.

Coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 ( ed. 11/ 88) and Insurance Services Office Automobile Liability form CA Q01 ( ed. 12/ 90) Code 1 ( any auto).

Each of the follawing shall be included in the insurance coverage or added as an endorsement to the policy:
i) CITY, its officers, employees, agents, and volunteers are to be covered as insured with respect to each of the following: liability arising out of activities performed by or on behalf of CONSULTANT, including the insider's general supervision of CONSULTANT; products and completed operations of COf SULTANT; premises owned, occupied or used by CONSU TANT. The coverage shall contain no special limitations on the scope of protection afforded to CITY, its officers, employees, agents, or volunteers.
ii) The insurance shall cover on an occurrence vr an accident basis, and not on a claim made basis.
iii) An endorsement must state that coverage is primary insurance and that no other insurance affected by the CITY will be called upon #o contribute to a loss under the coverage.
iv) Any failure of CONSULTANT to comply with reporting provisions of the policy shall not affect coverage provided to CITY and its officers, employees, agents, and valunteers.
v) Insurance is to be placed with California-admitted insurers with a BesYs rating of no less than A: VII.
vij Notice of cancellation or non- renewal must be received by CITY at

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CITY OF LATHROP — PRQFESSIONAL SERVICES AGREEMENT WITH WEST CCJAST ARBORiSTS FOR CITY- WIDE TREE INVENTORY AND ASSESSMENT
least thirty days prior to such change.
c) Professional Liabilitv. CONSULTANT, at CONSULTANT' S own cost and expense, shall maintain for the period covered by ihis Agreement professional liability insurance for licensed professionals pertorming work pursuant to this Agreement in an amount not less than Two Miliion Dollars($ 2,000, 000) per claim made and per policy aggregate covering the licensed professionals' errors and omissions, as follows:
i) Any deductible or self- insured retention shall not exceed $ 150, OOU per claim.
ii) Notice of cancellation, material change, or non- renewal must be received by the CITY at least thirty days prior to such change shall be included in the coverage or added as an endorsement to the policy. iii) The policy must contain a cross liability or severability of interest clause.
iv) The following provisions shall apply if the professional liability coverages are written on a claims made form:
i. The retroactive date of the policy must be shown and must be before the date of the Agreement.

2. Insurance must be maintained and evidence of insurance must be provided for at least five years after complebon of the Agreement or the work, so Iong as commercially available at reasonable rates.

3. If coverage is canceled or not renewed and it is not replaced with another claims made policy form with a retroactive date that precedes the date of this Agreement, CONSULTANT
must provide extended reporting coverage for a minimum of five years after completion af the Agreement or the work.

The CITY shall have the right to exercise at the
CONSULTANT' S cost, any extended reporting provisions of the policy should the CONSU TANT cancel or not renew the coverage.

4. A copy of the claim reporting requirements must be submitted to the CITY prior to the commencement of any work under this Agreement.
d) Deductibfes and Self- Insured Retentions. CONSULTANT shall disclose the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. During the period covered by this Agreement, upon express written authorizatian of the CtTY's authorized representative, CONSULTANT may increase such deductibles or self- insured retentions with respect to CITY, its officers, employees, agents, and volunteers. The CITY's authorized representative may condition approval of an increase in deductible o self-insured retention levels upon a requi ement that CONSU TANT procure a bond guaranteeing payment of losses and related investigations, Page
140
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CITY OF LATHROP — PROFESSIONAL SERVICES AGREEMENT WITH WEST COAST

ARBORISTS FOR CITY- WIDE TREE INVENTORY AND ASSESSMENT
claim administration, and defense expenses that is satisfactory in all respects to each of them.
e) Notice af Reduction in Coveraqe. in the event that any coverage required under subsections( a), (b), or( c) of this section of the Agreement is reduced, limited, or materially affected in any other manner, CONSULTANT shall provide written notice to CITY at CONSULTANT'S earliest possibie apportunity and in no case later than five days after CONSULTANT is notified of the change in coverage.
f) In addition to any other remedies C1TY may have if CONSULTANT fails to provide or maintain any insurance poticies or policy endorsements to the extent and within the time herein required, CITY may, at its sole option:
i) Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;
ii) Order CONSULTANT to stop work under this Agreement or withhold any payment which becomes due to CONSULTANT hereunder, or both stop work and withhold any payment, until CONSULTANT demonstrates compliance with tne requirements hereof;
iii) Terminate this Agreement.

Exercise of any of the above remedies, howeve, is an alternative to other remedies CITY may have and is not the exclusive remedy for CONSULTANT' S breach.
11) Indemnification - CONSULTANT' S Resqonsibilitv
As to the CONSULTANT' S work hereunder, it is understood and agreed that ( a) C NSULTANT has the professional skills necessary to perform the work, ( b) CITY relies upon the professional skills of CONSULTANT to perform the work in a skillful and professional manner, and (c) CONSULTANT thus agrees to so perform.

Acceptance by CITY of the work performed under this Agreement does not operate as a release of said CONSULTANT from such professiona! responsibility for the work perfprmed.

It is further understood and agreed that GONSULTANT is apprised of the scope of the work to be performed under this Agreement and CONSULTANT agrees that said work can and shall be performed in a fully competent manner in accordance with the standard of care applicable to CONSULTANT' S profession.

CONSULTANT shall indemnify, defend, and hold CITY, its officers, employees, agents, and volunteers harmless from and against any and all liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any feder2 l, state, or municipal law or ordinance, to the extent caused by the willful misconduct or negiigent acts or omissions of CONSULTANT, its employees, subcontractors, or agents, or on account of the performance or character of this work, except for any such claim arising out of the negligence or willful misconduct of the CITY, its officers, employees, agents, or volunteers. It is understood that the duty of CONSULTANT to indemnify and hold harmless includes the duty to defend as set forth in Page fi of 10
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CITY OF LATHROP — PROFESSIONAL SERVICES AGREEMENT WITH WEST COAST

ARBORISTS FOR CITY- WIDE TREE INVENTORY AND ASSESSMENT
Section 2778 of the California Civil Code. Acceptance of insurance certificates and endorsements required under this Agreement does not relieve CONSULTANT from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply whether or not such insurance policies shatl have been determined to be applicable to any of such damages or claims for damages, 12) Licenses
1f a license of any kind, which term is intended to include evidence of registration, is required of CONSULTANT, its emplayees, agents, or subcontractors by federal or state law, CONSULTANT warrants that such license has been obtained, is valid and in good standing, and CONSULTANT shall keep it in effect at all times during the term of this Agreement, and that any applicable bond has been posted in accordance with all applicable laws and regulations.
13) Business Licenses
CONSULTANT shall obtain and maintain a CITY of Lathrop Business License until all Agreement services are rendered and accepted by the CITY. 14) Termination
Either CITY or CONSULTANT may cancel this Agreement upon 30 days written notification to the other party. Upon termination, or completion of senrices under this Agreement, all information collected, work product and documents shall be delivered by CONSULTANT to CITY within ten { 10) calendar days.
15) Fundina
CONSULTANT agrees and understands that renewal of this agreement in subsequent years is contingent upon action by the City Council consistent with the approp ations limits of Article XIII ( B) of the California Constitution and that the Council may de#ermine not to fund this agreement in subsequent years.
16) Notices
A11 contracts, appointments, approvals, authorizations, claims, demands, Change Orders, consents, designations, notices, offers, requests and statements given by either party to the other shall be in writing and shall be sufficiently given and served upon the other pariy if( 1) personally served, ( 2) sent by the United States mail, postage prepaid, (3) sent by private express delivery service, or ( 4) in the case of a facsimile transmission, if sent to the telephone FAX number set forth below dt ring regular business hours of the receiving parry and followed with #wo (2) Days by delivery of a hard copy of the material sent by facsimile transmission. Personal senrice shall include, without limitation, service by delivery and service by facsimile transmission.

To City: City of Lathrop
City Clerk
390 Towne Centre
Lath op, CA 95330

142
CITY OF LATHROP — PROFESSIQNAL SERVICES AGREEMENT WITH WEST COAST ARBORISTS FOR CITY- WlDE TREE INVENTORY AND ASSESSMENT
MAIN: 209) 941- 7430
FAX: ( 209) 941- 7449
Copy to: City of Lathrop
Department of Public Works
390 Towne Centre
Lathrop, CA 95330
To Consultant: West Coast Arborists, Inc.

Arbor Access
220 E. Via Burton Street
Anaheim, CA 92806
Phone: ( 714) 991- 1900
Fax: 714) 956- 3745
Atm: Victor Gonzalez
17) Miscellaneous
a) Consent. Whenever in this Agreement the approval or consent of a party is required, such approval or consent shall be in writing and shall be executed by a person having the express au#hority to grant such approval or consent. b) Contract Terms Prevail. All Attachments and this Agreement are intended to be construed as a single document. Should any inconsistency occur beriueen the specific terms of this Agreement and attached Attachments, the terms of this Agreement shall prevail.
c) Controlling Law. The parties agree that this Agreement shall be governed and construed by and in accordance wi#h the Laws of the State of California. d) Definitions. The definitions and terms are as defined in these specifications. e) Force Majeure. Neither party shall be deemed to be in default on account of any delay r failure to pertorm its obligations under this Agreement, which directly results from an Act of God or an act of a superior govemmental authority. f) Headings. The paragraph headings are not a part of this Agreement and shal! have no effect upon the construction or interpretation of any part of this Agreement. g) Incorporation of Documents. Ali documents constituting the Agreement documents described in Section 1 hereof and all documents which may, from time to time, be referred to in any duly executed amendment hereto are by such reference incorporated in the Agreement and shall be deemed to be part of this Agreement. h) Integration. This Agreement and any arnendments hereto between the parties constitute the entire Agreement between the parties concerning the Project and Work, and there are no other prior oral or written agreements between the parties that are not incorporated in this Agreement.

Page S of 10
143
CITY OF LATHROP — PROFESSIONAL SERVICES AGREEMENT WITH WEST COAST

ARBORISTS FOR CITY- WIDE TREE INVENTORY AND ASSESSMENT
i) Modification of Agreement. This Agreement shali not be modified or be binding upon the parties unless such modification is agreed to in writing and signed bythe parties. j) Ownership of Documents. All documents, photographs, reports, analyses, audits, computer media, or other material documents or data, and working papers, whether or n t in final form, which have been obtained or prepared under this Agreement, shall be deemed the property of the CITY. Upon CITY's request, CONSULTANT shall allow CITY to inspect all such documents during the CONSULTANT' s regular business hours.
k) Provision. Any agreement, covenant, condition, clause, qualification, restriction, reservation, term or other stipulation in the Agreement shail define or otherwise control, establish or limit the performance required or permitted or to be required of or permitted by either party. A11 provisions, whether covenants or conditions, shall be deemed to be both covenanis and conditions.

I) Severabili#y. The invalidity in whole or part of any provision of this Agreement shall not void or affect the validity of any ather provision of this agreement. If a court of competent jurisdiction finds or rules that any provision of this Agreement is void or unenforceable, the provisions of this Agreement not so affected shall remain in full force and effect.
m) Status of CONSULTANT. In the exercise of rights and obligations under this Agreement, CONSULTANT acts as an independent contractor and not as an agent or employee of CITY. CONSULTANT shall not be entitled to any rights and benefits accorded or accruing to the City Council members, officers or employees of CITY, and CONSULTANT expressly waives any and all claims to such right and benefits. n) Successors and Assigns. The provisions of this Agreement shall inure to the benefit of, and shall apply to and bind, the successors and assigns of the parties. o) Time of the Essence. Time is of the essence of this Agreement and each of its provisions. In the calculation of time hereunder, the time in which an act is to be performed sha11 be computed by excluding#he first Day and including ihe last. If the time in which an act is to be performed falls on a Saturday, Sunday or any Day obsenred as a legal holiday by CITY, the time for performance shall be extended to the following Business Day.
p) Venue. In the event that suit is brought by either party hereunder, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of San Joaquin or in the United States District Court for the Eastern District of California.
q) Recovery of Costs. The prevailing party in any action brought# o enforce the terms of this Agreement or arising out of this Agreement may recover its reasonable costs, including reasonable attorney's fees, incurred or e ended in connection with such action against the non-prevailing party.
18) Notice to Proceed
Prior to commencing work under this agreement, CONSULTANT shall receive a written

144
CITY OF LATHROP - PROFESSiONAL SERVICES AGREEMENT WITH WEST COAST

ARBORISTS FOR CITY- WIDE TREE INVENTORY AND ASSESSMENT
The individuals executing this Agreement represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute# his Agreement on behalf of the respective legal entities of the CONSULTANT and the CITY. This agreement shali inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.

Approved as to Form: City of athrop
City Attorney
0- 3 •L..v1. r
Salvador Navarrete Date
Recommended for Approval: City of Lathrop
Parks, Recreation and Maintenance Services
io 9 . u2 I
Zachary e Date
Director
Approved by: City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
d• Zl• z
St J. Salvatore Date
City Manager
Consultant: West Coast Arborists, Inc.
220 E. Via Burton Street
Anaheim, CA 92806
Fed ID # 9. 50 82
Business Li e e 41728
Signature Date
Patrick Mahoneya President
Print Name and Title
Page
145
10 of 10

ATTACHMENT A
City of Lathrop Citywide Tree Inven#ory, Assessment, and Data Integration Scope of Services

1. The intent of these specifications is to outline the minimum requirements of a comprehensive tree inventory and assessment for the City of Lathrop which wiil include a complete, computerized inventory of ail City trees on public prope ty and within the right-of-way along City streets. Contractor must perform a11 tasks required for this inventory project; no subcontractors, students, or interns shal! be utilized.

2. Data shail be collected according to geographical districts of the City in order to maximize data coUection efficiency. For the purpose of completing this City wide tree inventory the City will make the following information available, unless otherwise indicated:
a. City Tree Maps with Street Data
b. Easement Maps
c. Grid Maps
d. Information pertaining to City' s GIS System
e. Known existing street tree data sets

3. The Contractor shall submit to the City the data collected and the Ciry shall analyze the data collected and verify the accuracy of the data. The data accuracy shall be no less than 909'0 accurate of the I cation( within 1 meter), no less than 909'o accurate for the tree species, number of stems, and diameter at breast height 106H). If the data accuraty does not meet those percentages, the data will be voided and recollected at the Contractors expense.

4. Data shall be collected and delivered in a format compatible with SERI GIS( eg: file geodatabase).

This inventory must locate, identify, and assess each tree and provide maintenance date as well as the inventory collection attributes identified below. Delivery shall include metadata for each eld, as wetl as metadata for the entire dataset. Each tree shall have a unique identifier which will be recorded within the Arbor Access program as part of the agreement with the Contractor. a. Tree Inventory Collection Attributes
District- district, zone, LMD, assessment area based on maps, 5ites, etc.

Address— fr ntage address number
5treet— frontage address street name
Fictitious— indicates assigned address if no address visible On Street— street where the tree is located, for Side( cornerj trees Side— front, side, median, park, sub- street median, parking lot, slope Tree— tree number at address
Botanical name— genus+ species
Common name— common name of tree
Exact DBH--" diameter at breast height", i. e., 4. 5' above ground, measured in inches Height— in 15' ranges i. e. 1- 15, 16- 30, 31- 45, 45- 60, > 60 Removal Priority— Immediate or Routine
146

ATTACHMENT A
Parkway Type- Tree Well, Parkway, Open{ undefined), Median, etc Parkway Size— smallest dimension to nearest whole foot
Utility—Yes/ No presence of voitage carrying wires overhead Condition- health of tree at time of collection i. e. Good, Fair, Poor Stems-# of trunks/ stems
GPS Coardinates- sub meter accuraty using Trimble devices and data correction Maintenance— i. e. Grid/ Routine Trim, Plant, Patrol- Diseased/ declining( high priority trim for trees with problems that aren' t removals), Trirn- Poorly structures( high priority trim for trees with problems that aren' t removals), Removal— Diseased/ declining, Removal— Dead, Removal— Structure, etc.

Tree Health Concern— for trees marked as Patrol- Diseased/ Declining or Removal, Diseased/ Declining, the most obvious problem, if it can be discerned i. e. Drought Stress, Leaf-sucicing Insects, Borers, Foliar Disease, etc.

P esence of Mistletoe: Yes/ No
Presence of Irrigation: Yes/ No
Boom Truck Accessible: Yes/ No
Canopy Lower 10 ft: Yes/ No
Accessibility Issues:( if any i. e. advance notice, need key, etc.) Vacant Site Criteria: ( where to collect vacant sites( potential tree planting locations) i. e. follow existing spacing, every 15 ft, etc. Vacant site criteria can vary by median, park, parkway, etc.)
Adjacent Wall or Fence Damage: Yes f Na( Lathrop to define damage criteria, radius from tree, etc. y
Observations— General observatians warranting recognition include, but are not limited# o, the fotlowing:

Cavity/ decay
Pest problem
Improperly instalied grate/ guard
Poor location
Improperly mulched
Improperly pruned
Signs of Stress
Nutrient deficiency
Additional Comments or Notes: ( special protocols, office contact#, etc)

5. The Contractor shal) deliver an accurate, comprehensive City wide tree inventory that meets all criteria identified within the Scope of Work and is compatible with ESRI GIS 147
148
ITEM 4. 10

CITY MANAGER' S REPORT
7ANUARY 9, 2023 CITY COUNCIL REGULAR MEETING
ITEM: RATIFY CONTRACT CHANGE ORDER NO. 14, 15
AND 25; APPROVE CONTRACT CHANGE ORDER
NO. 23, 26, 27, 28 AND 29 WITH DAVID SILVA,
DBA SILVA LANDSCAPE; AND APPROVE

RELATED BUDGET AMENDMENTS
RECOMMENDATION: Adopt Resolution Ratifying Contract Change Order No. 14, 15, and 25; Approve Contract
Change Order No. .23, 26, 27, 28, and 29 with
David Silva, dba Silva Landscape for Park
Landscape and Streetscape Maintenance; and
Approve Related Budget Amendments
CEQA STATUS: Not a Project as defined in Section 15378 of the State CEQA Guidelines
SUMMARY:

As the City of Lathrop continues to grow, new improvements are accepted by the City creating a need for ongoing maintenance. As these improvement locations are new, they were not initially included in the budget for maintenance and therefore a budget amendment is required to cover the cost of maintenance. The following locations need to be added to the maintenance contracts and budget.

Table I: Summar of Im rovements
Contract Acceptance Project Location Description
Chanqe Resolution
Order No. No.
14 22- 5025 Tract 4017 Stanford Crossing Phase 1B
Nei hborhood Park
15 21- 4948 Tract 4018 Stanford Crossing Phase 1B2
Streetsca e
25 22- 5142 VTM 15- 94 South Lathrop Commerce
Center Landscape
Im rovements, Pum Station
23 22- 5128 MSPR- 20- 57 Landscape Improvements for
the Duke Realt Develo ment
26 22- 5091 Site Plan Review Landscape Improvements for Application No. 07- the Mossdale Landing
07, and Minor Site Apartments in the Mossdale
plan Review No. Village and Mossdale Landing
14- 34 Specific Plan
149
CITY MANAGER' S REPORT PAGE 2
JANUARY 9, 2023 CITY COUNCIL REGULAR MEETING
RATIFY CONTRACT CHANGE ORDER NO. 14, 15 AND 25; APPROVE CONTRACT CHANGE ORDER NO. 23, 26, 27, 28 AND 29 WITH DAVID SILVA, DBA SILVA LANDSCAPE; AND APPROVE RELATED BUDGET AMENDMENTS
27 22- 5142 VTM 15- 94 South Lathrop Commerce
Center Landscape
Im rovements, Glacier Pkw
28 21- 4867 Tract 4017 Stanford Crossing Phase 1B1
Streetsca e
29 22- 5108 VTM 13- 69 Landscape Improvements for
Phase 1 of the Gateway
Develo ment
Funds approved in the Central Lathrop Community Facilities District ( CFD 2019- 2), Local Street, South Lathrop Community Facilities District ( CFD 2019- 1), and Mossdale Community Facilities District ( CFD 2004- 1) did not cover the new improvement maintenance costs, as the City was unsure when the improvements would be completed. Now that these improvements have been accepted or are in the process of being accepted, additional funds for maintenance services are needed, therefore, staff requests Council to approve related budget amendments.

The City Manager executed Contract Change Order No. 14, 15, and 25 to allow Silva Landscape to maintain public landscaped areas located in the Central Lathrop and South Lathrop planned areas. City staff requests ratification of City Manager signature on the Contract Change Order No. 14, 15, and 25 with David Silva, dba Silva Landscape.

City staff is also requesting City Council approve Contract Change Order No. 23, 26, 27, 28, and 29 with David Silva, dba Silva Landscape to allow Silva Landscape to maintain public landscape in the tracts listed in Table 1 above.

BACKGROUND:

On September 1, 2017, City Council approved the award of a Landscape Maintenance Services contract to David Silva dba Silva Landscape for landscape maintenance services for the City of Lathrop Parks and Streetscapes. As the City of Lathrop continues to grow, new improvements are accepted by the City creating a need for ongoing maintenance. As these improvement locations are new, they were not initially included in the budget for maintenance and therefore a budget amendment is required to cover the cost of maintenance. The locations listed in table one need to be added to the maintenance contracts and budget.

The City Manager executed Contract Change Order No. 14 for Tract 4017, Resolution 22- 5025; Contract Change Order No. 15 for Tract 4018, Resolution 21- 4948; and Contract Change Order No. 25 for VTM 15- 94, Resolution 22- 5142; to allow Silva Landscape to maintain public landscaped areas located in the Central Lathrop and South Lathrop planned areas. City staff is requesting ratification of City Manager signature on Contract Change Order No. 14, 15 and 25 with David Silva, dba Silva Landscape.
150
CITY MANAGER' S REPORT PAGE 3
JANUARY 9, 2023 CITY COUNCIL REGULAR MEETING
RATIFY CONTRACT CHANGE ORDER NO. 14, 15 AND 25; APPROVE CONTRACT CHANGE ORDER NO. 23, 26, 27, 28 AND 29 WITH DAVID SILVA, DBA SILVA LANDSCAPE; AND APPROVE RELATED BUDGET AMENDMENTS
City staff is also requesting City Council approve Contract Change Order No. 23 for MSPR- 20- 57, Resolution 22- 5128; Contract Change Order No. 26 for Site Plan Review Application No. 07- 07, and Minor Site Plan Review No. 14- 34, Resolution 22- 5091; Contract Change Order No. 27 for VTM 15- 94, Resolution 22- 5142; Contract Change Order No. 28 for Tract 4017, Resolution 21- 4867; and Change Order No. 29 for VTM 13- 69, Resolution 22- 5108 with David Silva, dba Silva Landscape to allow Silva Landscape to maintain public landscape in the tracks which are also listed in Table 1 below.

Tab/ e I: Summar of Im rovements
Contract Acceptance Project Location Description
Chanae Resolution
Order No. No.
14 22- 5025 Tract 4017 Stanford Crossing Phase 1B
Nei hborhood Park
15 21- 4948 Tract 4018 Stanford Crossing Phase 1B2
Streetsca e
25 22- 5142 VTM 15- 94 South Lathrop Commerce
Center Landscape
Im rovements, Pum Station
23 22- 5128 MSPR- 20- 57 Landscape Improvements for
the Duke Realt Develo ment
26 22- 5091 Site Plan Review Landscape Improvements for Application No. 07- the Mossdale Landing
07, and Minor Site Apartments in the Mossdale
plan Review No. Village and Mossdale Landing
14- 34 S ecific Plan
27 22- 5142 VTM 15- 94 South Lathrop Commerce
Center Landscape
Improvements, Glacier Pkw
28 21- 4867 Tract 4017 Stanford Crossing Phase 161
Streetsca pe
29 22- 5108 VTM 13- 69 Landscape Improvements for
Phase 1 of the Gateway
Develo ment
Now that the locations listed in Table 1 above have been accepted or are in the process of being accepted, additional cost for maintenance services are needed, therefore, staff requests Council to approve related budget amendments.

RECOMMENDATION:

Adopt Resolution Ratifying Contract Change Order No. 14, 15, and 25; Approve Contract Change Order No. 23, 26, 27, 28, and 29 with David Silva, dba Silva Landscape; and Approve Related Budget Amendments.
151
CITY MANAGER' S REPORT PAGE 4
JANUARY 9, 2023 CITY COUNCIL REGULAR MEETING
RATIFY CONTRACT CHANGE ORDER NO. 14, 15 AND 25; APPROVE CONTRACT CHANGE ORDER NO. 23, 26, 27, 28 AND 29 WITH DAVID SILVA, DBA SILVA LANDSCAPE; AND APPROVE RELATED BUDGET AMENDMENTS
FISCAL IMPACT:

Staff is requesting Council approve a budget amendment for Fiscal Year 22/ 23 as follows:

Increase - Central Lathrop CFD
2680- 50- 55- 420- 32- 00 21, 000
Park Maintenance
Increase - Central Lathrop CFD
2680- 50- 55- 420- 27- 00 55, 000
Street Trees and Landscaping
Increase - Local Street
2080- 30- 11- 420- 27- 00 5, 580
Street Trees and Landscaping
Increase - South Lathrop CFD
2670- 50- 55- 420- 27- 00 5, 100
Street Trees and Landscaping
Increase - Mossdale CFD
2570- 50- 63- 420- 27- 00 9, 900
Street Trees and Landscaping
ATTACHMENTS:

A. A Resolution of the City Council of the City of Lathrop Ratifying Contract Change Order No. 14, 15 and 25; Approve Contract Change Order No. 23, 26, 27, 28 and 29 with David Silva dba Silva Landscape; and Approve Related Budget Amendments.

B. Contract Change Order No. 14; Resolution 22- 5025
C. Contract Change Order No. 15; Resolution 21- 4948
D. Contract Change Order No. 23; Resolution 22- 5128
E. Contract Change Order No. 25 and 27; Resolution 22- 5142 F. Contract Change Order No. 26; Resolution 22- 5091
G. Contract Change Order No. 28; Resolution 21- 4867
H. Contract Change Order No. 29; Resolution 22- 5108
152
CITY MANAGER' S REPORT PAGE 5
ANUARY 9, 2023 CITY COUNCIL REGULAR MEETING
RATIFY CONTRACT CHANGE ORDER NO. 14, 15 AND 25; APPROVE CONTRACT CHANGE ORDER NO. 23, 26, 27, 28 AND 29 WITH DAVID SILVA, DBA SILVA LANDSCAPE; AND APPROVE RELATED BUDGET AMENDMENTS
APPROVALS:
1 ' 1 2a'2
Tod Sebastian Date
Director of Parks, Recreation
and Maintenance Services
3 Cari Jam Date
Director o inance
I y Zb23
Brad ylor Date
City Engineer
1,/ z
Micha King Date
Assistant City Manager
Zpz3
Salvador Navarrete Date
City Attorney
l'• 1 3
St en J. Salvatore Date
City Manager
153

ATTACHMENT A
RESOLUTION NO. 23-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP RATIFYING CONTRACT CHANGE ORDER NO. 14, 15 AND 25; APPROVE CONTRACT CHANGE ORDER NO. 23, 26, 27, 28 AND 29 WITH DAVID SILVA DBA SILVA LANDSCAPE FOR PARK LANDSCAPE AND STREETSCAPE MAINTENANCE; AND

APPROVE RELATED BUDGET AMENDMENTS
WHEREAS, on September 1, 2017, City Council approved the award of a Landscape Maintenance Services contract to David Silva dba Silva Landscape for landscape maintenance services for the City of Lathrop Parks and Streetscapes; and WHEREAS, as the City of Lathrop continues to grow, new improvements are accepted by the City creating a need for ongoing maintenance; and WHEREAS, as these improvements locations are new, they were not initially included in the budget for maintenance and therefore a budget amendment is required to cover the cost of maintenance; and
WHEREAS, the following locations need to be added to the Landscape Maintenance Service Contract and budget:

Contract Acceptance Project Location Description
ChanQe Resolution
Order No. No.
14 22- 5025 Tract 4017 Stanford Crossing Phase 1B
Nei hborhood Park
15 21- 4948 Tract 4018 Stanford Crossing Phase 1B2
Streetsca e
25 22- 5142 VTM 15- 94 South Lathrop Commerce
Center Landscape
Improvements, Pum Station
23 22- 5128 MSPR- 20- 57 Landscape Improvements for
the Duke Realt Development
26 22- 5091 Site Plan Review Landscape Improvements for Application No. 07- the Mossdale Landing
07, and Minor Site Apartments in the Mossdale
plan Review No. Village and Mossdale Landing
14- 34 Specific Plan
27 22- 5142 VTM 15- 94 South Lathrop Commerce
Center Landscape
Im rovements, Glacier Pkw
28 21- 4867 Tract 4017 Stanford Crossing Phase 1B1
Streetsca e
29 22- 5108 VTM 13- 69 Landscape Improvements for
Phase 1 of the Gateway
Develo ment
154

ATTACHMENT A
WHEREAS, the City Manager executed Contract Change Order No. 14, 15, and 25 to allow Silva Landscape to maintain public landscaped areas located in the Central Lathrop and South Lathrop planned areas; and
WHEREAS, City staff requests ratification of the City Manager' s signature on the Contract Change Order No. 14, 15, and 25 with David Silva, dba Silva Landscape; and
WHEREAS, City staff is also requesting City Council approve Contract Change Order No. 23, 26, 27, 28, and 29 with David Silva, dba Silva Landscape to allow Silva Landscape to maintain public landscape in the tracts listed in the table above; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop Ratifies Contract Change Order No. 14, 15, and 25, and approves Contract Change Order No. 23, 26, 27, 28, 29, and;
BE IT FURTHER RESOLVED, the follo wing budget amendments are approved for FY 22/ 23:

Increase - Central Lathrop CFD
2680- 50- 55- 420- 32- 00 21, 000
Park Maintenance
Increase - Central Lathrop CFD
2680- 50- 55- 420- 27- 00 55, 000
Street Trees and Landscaping
Increase - Local Street
2080- 30- 11- 420- 27- 00 5, 580
Street Trees and Landscaping
Increase - South Lathrop CFD
2670- 50- 55- 420- 27- 00 5, 100
Street Trees and Landscaping
Increase - Mossdale CFD
2570- 50- 63- 420- 27- 00 9, 900
Street Trees and Landscaping
155

ATTACHMENT A
The foregoing resolution was passed and adopted this 9th day of January 2023, by the following vote of:

AYES:

NOES:

ABSTAIN:

ABSENT:

Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:

Teresa Vargas, City Clerk Salvador Navarrete, City Attorney 156

ATTACHMENT B
City of
e _. -
O,ffice of the City Manager 390 Towne Centre Dr.- Lathrop, CA 95330 Phone{ 209) 941- 7220- fax( 209) 941- 7248
www. ci.lathrop. ca. us

N TICE T PROCEED
june llt . 2022
David Silva
dba Silva Landscape
PO Box 607
Patterson, CA 95363
Deaz Mr. Silva:

Enclosed please find your original executed Contract Change Order No. 14 to provide monthly servicing of the Stanford Crossing Phase 2 Park Landscape. This is your Notice to Proceed to the attached Change rder No. 14.

Should you have any questions regarding this project, please contact Todd Sebastian at 209} 941- 7384, the staff inember directly involved with this project.

Sincerely,
Stephen J. Salvatore
City Manager
Copy: Teresa Vargas, City Clerk
Project Fi1e
157
CHANGE ORDER N0. 14
Monthly Fee— Stanford Crossing Phase 2 Park Landscape City of Lathrop CONTRACT CHANGE ORDER N0. 14
MONTHLY FEE— STANFORD CROSSING PHA5E 2 PARK LANDSCAPE
Contractor: David Silva DBA Silva Landscape
Address: PO Box 607
Patterson, CA 95363
Change Order Date June 1l0 . 2022
Contrad Execution Date: September 1, 2017
Notice to Proceed Date: August 29, 2017
This contract change order augments or changes the followi g:
1) ADDITIONS TO CONTRACT
Pu suant to the provisions of the Contract Specifications and proposal attached as Exhibtt A, you are hereby directed to make the herein described changes to the plans and specifications, and scope of work contracted for within the terms ofthe ag eement between the City of lathrop and David Silva DBA Siiva Landscape dated September i,2017.

I. CHANGES IN THE SPECIFICA710NS
A. None
II. ADDITION{ S) TO CONTRACT
Monthly Fee— Stanford Crossing Phase 2 Park Landscape( One Month) 3, 500. 00 MONTH Y COS7 FROM CHANGE ORDER N0. 14( MONTHLY FEE) 3, 500. 00 ORIGINAL CONTRACT AMOUNT( MONTHLY FEE) 57,214.00
TOTAL ADDITIONAL COST FROM CHANGE ORDER N0. 1( MONTHLY FEE) 13,900.00 TOTAL AODITIONAI COST FROM CHANGE ORDER NO. 5( MONTHLY FEE) 985. 00 TOTAI ADDITIONAI COST FROM CHANGE ORDER NO. 8( MONTHLY FEE) 1, 850. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER N0. 11( MONTHLY FEE) 425. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER N0. 14( MONTHLY FEE) 3, 500. 00 TOTAL REVISED MONTHLY CONTRACT AMOUNT 77, 874. 00
TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 2( ONE TIME FEE) 14,989. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 3( ONE TIME FEE) 22,800.00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 4( ONE TIME FEE) 3,200. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 6( ONE TIME FEE) 11, 400. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 7( ONE TIME FEE) 1,780.00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 9( ONE TIME FEE) 2,200.00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 10( ONE TIME FEE) 95d. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER N0. 12( ONE TIME FEE) 3, 800. 00 TOTAL ADDITIONAI COST FROM CHANGE OROER N0. 13( ONE TlME FEE) 925. 00 158
CHANGE ORDER N0. 14
Monthly Fee— Stanford Gossing Phase 2 Park Landscape City of Lathrop TOTAL REVISED ONE- TIME ADDITIONS TO CONTRACT AMOUNT 62,044.00 END Of CHANGESJ

DESCRIPTION OF WORK
See additions to contract. The contractor provided all labor, material, equipment and performed a{I incidental tasks as necessary to complete the change order.

TIME OF COMPLETION
The work is to be begin as soon as Notice to Proceed is received. To run throughout the duration of the contract.

RELEASE AND WAIVER
Acceptance of this Contract Change Order constitutes a full and final resolution of all pending disputes between City and Contractor regarding scope of wQrk and payment for work. Contracto accepts this Contract Change Order as full payment for all work performed to date and hereafter to be performed, up to and including Contract Change Order No. 14. Contractor releases and discharges City from any and all claims, demands, damages, actions and causes of actions and causes of action for injuries, damages or losses, whether known or unknown, foreseen or unforeseen, arising directly from Contractor' s work on this contract. Contractor expressly waives the provisions of California Civil Code, Section 1542, which reads as follows:

A general release does nat extend to claims which the Creditor does not know or suspect to exist in his favor at time of executing the release, which if known by him must have materially affected hi5 settlement with the debtor.

END OF SECTION)
159
CHANGE ORDER NO. 14
Monthiy Fee— Stanford Crossing Phase 2 Park Landscape City of Lathrop Recommended
By: a - 22."
To d Se tian Date
Directo of Parks, Recreation, and
Maintenance Services
City of Lathrop
Approved As
To Form: s Z` 2o Z-Z
Salvador Navarrete Date
City Attorney
City of Lathrop
Approved By: 0' 1( o' ZZ
St en J. 5alvatore Date
City Manager
City of Lathrop
Subject to Council Ratification
Accepted By
Contractor: S`` L
avid Silva DBA Silva Landscape Date
I'$ ,.._ c1 w,^•e.._._
Print N me and Title
160
EXHIBIT q
s
Po Box 607
Patterson, CA 95363 US
925) 413- 3192
david. si lvalandscape@gmai I. com
S1 LVA

LANDSCAPE
f
S11lll itt'.

ADDRESS ESTiMATE# 1997
City of Lathrop DATE 03/ 22/ 2022
390 Towne Centre Drive
Lathrop, CA 95330
AREA
Stanford Crossing Park
I R Ic l S ir t ! 1
Stanford Crossing- Phase 2 of Park- site 3, 500. 00
Location: Tern Drive& Shearwater Road
Monthly maintenance of Paric- site to follow current city specifications Monthly$ 3, 500
Approved by TOTAL 3, 500.

Accepted By Accepted Date
161

ATTACHMENT C
City of
Office of the Cifiy Manager 390 Towne Centre Dr.- Lathrop, CA 95330 Phone{ 2Q9) 941- 7220- fax( 209) 941- 7248
www.ci.lathrop.ca.us

NOTICE TO PROCEED
june, 2022
David Silva
dba Silva Landscape
PO Box 607
Patterson, CA 95363
Dear Mr. Silva:

Enclosed please find your original executed Contract Change Order No. 15 to provide monthly servicing of the Stanford Crossing Phase 2 Streetscape. This is your Notice to Prcxeed to the attached Change Order No. 15.

Should you have any questions regarding this project, please contact Todd Sebastian at 209) 941- 7384, the staff inember directIy involved with this project.

Sincerely,
tephen J. Salvatore
Ciry Manager
Copy: Teresa Vargas, City Clerk
Project File
162
CHANGE ORDER N0. 15
Monthly Fee— Stanford Crossing Phase 2 Streetscape qty of Lathrop CONTRACT CHANGE ORDER N0. 15
MONTHLY FEE— STANFORD CROSSING PHASE 2 STREETSGAPE
Contractor: David Silva DBA Silva landscape
Address: PO Box 607
Patterson, CA 95363
Change Order Date June L . 2022
Contract Execution Date: September 1, 2017
Notice to Proceed Date: August 29, 2017
7his contract change order augments or changes the following:
1) ADDITIONS TO CONTRAGT
Pursuant to the provisions of the Contract Specifications and proposal attached as Exhibit A, you are hereby directed to make the herein described changes to the pians and specifications, and scope of work contracted for within the terms of the agreement between the City of Lathrop and David Silva DBA Silva Landscape dated September 1, 2017.

I. CHANGES IN THE SPECIFICATIONS
A. None

11. ADDITION( S) TO CONTRACT
Monthly Fee— Stanford Crossing Phase 2 Streetscape 8, 500. 00 MONTHLY COST FROM CHANGE ORDER N0. 15( MONTHLY FEE) 8, 500. 00 ORIGtNAL CONTRACT AMOUNT{ MONTHLY FEE 57, 214. 00
TC?TAL ADDI710NAL COST FROM CHANGE ORDER N0. 1 MONTHLY FEE 13, 900.00 TOTAL ADDITIONA! COST fROM CHANGE ORDER NO. 5( MONTHLY FEE) 985. 00 TOTAI ADDITIONAL COST FROM CHANGE ORDER NO. 8( MONTHLY FEE) 1, 850. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 11( MONTHIY FEE) 425. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER N0. 14( MONTHLY FEE} 3, 500. 00 T TAL ADDITIONAL COST FROM CHANGE ORDER NO. 15( MONTHLY FEE) 8, 500. 00 TOTAL REVISED MQNTHLY CONTRACT AMOUNT 86, 374. Q0
TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 2( ONE TlME FEE) 14, 989. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 3( ONE TIME FEE) 22,800.00 TOTAL ADDITIQNAL COST FROM CHANGE ORDER NO. 4( ONE TIME FEE) 3, 200. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 6( ONE TIME FEE) 11, 400. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 7( ONE TIME FEE) 1, 780.00 TOTAL ADOITIONAL COST FROM CHANGE ORDER NO. 9( ONE TIME FEE) 2, 200. 00 TOTAL ADDITI4NAL COST FROM CHANGE ORDER NO. 10( ONE TIME FEE) 950. 00 TQTAL ADDITIONAL COST FROM CHANGE ORDER NO. 12( ONE TIME FEE) 3, 800. 00 163
CHANGE ORDER NO. 15
Monthly Fee— Stanford Crossing Phase 2 Streetscape City of Lathrop TOTAL ADDITIONAL COST FROM CHANGE ORDER ND. 13( ONE TIME FEE) 925. 00 TOTAL REVISED ONE- T'1ME ADDITIONS TO CONTRACT AM UNT 62, 044. 00

END OF CHANGESJ
DESCitIPTION OF WORK
See additions to contract. The cont actor provided all labor, material, equipment and performed all incidental tasks as necessary to complete the change order.

TIME OF COMPLETION
The work is to be begin as soon as Notice to Proceed is received. Tfl run throughout the duration of the contract.

RELEASE AND WAiVER
Acceptance of this Contract Change Order constitutes a full and final resolution of all pending disputes between City and Contractor regarding scope of work and payment for work. Contrador accepts this Contract Change Order as full payment for all work performed to date and hereafter to be performed, up to and including Contract Change Order No. 15. Contractor releases and discharges City from any and aN claims, demands, damages, actions and causes of actions and causes of action for injuries, damages or losses, whether known or unknown, foreseen or unfvreseen, arising directly from Cont actor' s work on this contract. Contractor expressly waives the provisions of California Civil Code, Section 1542, which reads as follows:

A general release does not extend to claims which the Creditor does not know or suspect to exist in his favor at time of executing the release, which if known by him must have materially affected his settlement with the debtor.

END OF SECTION)
164
CHANGE ORDER NO. 15
Monthty Fee— Stanford Crossing Phase 2 Streetscape City of Lathrop Recommended
Z
By:

Todd ebas Date
Di ector of Parks, Recreation, and
Maintenance Services
City of lathrop
Approved As Z d o
To Form: Z
Salvador Navarrete Date
City Attorney
City of Lathrop
Approved By: p•? j•LL
Ste en J. Salvatore Date
City Manager
City of lathrop
Subject to Council Ratification
Accepted By
Contractor: s
zDavid Silva DBA Silva Landscape Date
G. v p" owr-'•./
Print Name and Title
165

EXHIBIT A
s a
Po Box 607
Patterson, CA 95363 US
925) 413- 3192
davi d. si lvalandscape@gmai I. com
S 1 LVA

LAND CAPE
C: stimat.

ADDRESS FSTIIVIATB 1996
City of Lathrop DATE 03/ 22/ 2022
390 Towne Centre Drive
Lathrop, CA 95330
AREA
Stanford Crossings Streetscape
tiI. N\ I( f S 11t) l! I
Stanford Crossing- Strcetscape Phase 2 8, 500. 00
Location: Spartan Way, Stanford Crossing, Barbara Terry Blvd, Red Fox Drive, Blue Bird Street, Sandhill Crane Road, Isidore Way, Bewick Drive, Pleasat, Loon Street& Sierra Mar Road.

Monthly maintenance of Streetscape to follow current city specifications Monthly$ 8, 500
Approved by TOTAL 500. 00
Accepted By Accepted Date
166

ATT'ACHMENT D
CHANGE ORDER NO. 23
Monthly Fee— Murphy Pkwy Streetscape City of Lathrop
CONTRACT CHANGE ORDER NO. 23
MONTHLY FEE— MURPHY PKWY— STREETSCAPE
Contractor: David Silva DBA Silva Landscape
Address: PO Box 607
Patterson, CA 95363
Change Order Date January 2023
Contract Execution Date: September 1, 2017
Notice to Proceed Date: August 29, 2017
This contract change order augments or changes the following:
1) ADDITIONS TO CONTRACT
Pursuant to the provisions of the Contract Specifications and proposal attached as Exhibit A, you are hereby directed to make the herein described changes to the plans and specifications, and scope of work contracted for within the terms of the agreement between the City of Lathrop and David Silva DBA Silva Landscape dated September 1, 2017.

I. CHANGES IN THE SPECIFICATIONS
A. None
II. ADDITION( 5) TO CONTRACT
Monthly Fee— Murphy Pkwy- Streetscape 465. 00
MONTHLY FEE COST FROM CHANGE ORDER NO. 23( MONTHLY FEE) 465. 00 ORIGINAL CONTRACT AMOUNT( MONTHLY FEE) 57, 214. 00
TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 1( MONTHLY FEE) 13, 900. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 5( MONTHLY FEE) 985. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 8( MONTHLY FEE) 1, 850. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 11( MONTHLY FEE) 425. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 14( MONTHLY FEE) 3, 500. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 15( MONTHLY FEE) 8, 500. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 23( MONTHLY FEE) 465. 00 TOTAL REVISED MONTHLY CONTRACT AMOUNT 86, 839.00
TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 2( ONE TIME FEE) 14, 989. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 3( ONE TIME FEE) 22, 800. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 4( ONE TIME FEE) 3, 200. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 6( ONE TIME FEE) 11, 400. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 7( ONE TIME FEE) 1, 780. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 9( ONE TIME FEE) 2, 200. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 10( ONE TIME FEE) 950. 00 167
CHANGE ORDER NO. 23
Monthly Fee— Murphy Pkwy Streetscape City of Lathrop
TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 12( ONE TIME FEE) 3, 800. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 13( ONE TIME FEE) 925. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 16( ONE TIME FEE) 1, 200. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 17( ONE TIME FEE) 2, 400. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 18( ONE TIME FEE) 1, 650. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 19( ONE TIME FEE) 2, 400. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 20( ONE TIME FEE) 2, 200. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 21( ONE TIME FEE) 1, 300. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 22( ONE TIME FEE) 1, 200. 00 TOTAL REVISED ONE- TIME ADDITIONS TO CONTRACT AMOUNT 74,400.00

END OF CHANGESJ

DESCRIPTION OF WORK
See additions to contract. The contractor provided all labor, material, equipment and performed all incidental tasks as necessary to complete the change order.

TIME OF COMPLETION
The work is to be begin as soon as Notice to Proceed is received. To run throughout the duration of the contract.

RELEASE AND WAIVER
Acceptance of this Contract Change Order constitutes a full and final resolution of all pending disputes between City and Contractor regarding scope of work and payment for work. Contractor accepts this Contract Change Order as full payment for all work performed to date and hereafter to be performed, up to and including Contract Change Order No. 23. Contractor releases and discharges City from any and all claims, demands, damages, actions and causes of actions and causes of action for injuries, damages or losses, whether known or unknown, foreseen or unforeseen, arising directly from Contractor' s work on this contract. Contractor expressly waives the provisions of California Civil Code, Section 1542, which reads as follows:

A general release does not extend to claims which the Creditor does not know or suspect to exist in his favor at time of executing the release, which if known by him must have materially affected his settlement with the debtor.

END OF SECTION)
168
CHANGE ORDER NO. 23
Monthly Fee— Murphy Pkwy Streetscape City of Lathrop
Recommended
By:

Todd Sebastian Date
Director of Parks, Recreation, and
Maintenance Services
City of Lathrop
Approved As
To Form:

Salvador Navarrete Date
City Attorney
City of Lathrop
Approved By:

Stephen J. Salvatore Date
City Manager
City of Lathrop
Accepted By
Contractor:

David Silva DBA Silva Landscape Date
Print Name and Title
169
Exhibit A
Silva Landscape
Po Box 607
Patterson, CA 95363 US
925) 413- 3192
david. silvalandscape gmail. com
S 1 LVA

LANDSCAPE
l
lilltilc'
nxEss Es# Zoo3
City of Lathrop DATE 04/ 15/ 2022
390 Towne Centre Drive
Lathrop, CA 95330
AREA
Murphy Street
l i? lt I . i l ', I
Monthly maintenance 465. 00
Approved by TOTAL 465.0
Accepted By Accepted Date
170

ATTACHMENT E
city of
Office of the City Manager 390 Towne Centre Dr.— Lathrop, CA 95330 Phone( 209) 941- 7220— fax ( 209) 941- 7248
w t•w.ri.lathrop.ca.us

NOTICE TO PROCEED
October '+/ , 2022
David Silva
dba Silva Landscape
PO Box b07
Patterson, CA 95363
Dear Mr. Silva:

En losed please find your original executed Contract Change Order No. 25 for monthly maintenance of South Lathrop Booster Pump Station. This is your Notice to Proceed to the attached Change Orcier No. 25.

Should you have any questions regarding this project, please contact Todd Sebastian at 209) 941- 7384, the staff inember directly involved with this project.

Sincerely,
Stephen J. Salvatore
City Manager
Copy: Teresa Vargas, City Clerk
Project File
171
CHANGE ORDER NO. 25
Monthly Fee- South Lathrop Booster Pump Station City of Lathrop CONTRACT CHANGE ORDER NO. 25
MONTHLY FEE— SOUTH LATHROP BOOSTER PUMP STATION
Contractor: David Silva DBA Silva andscape
Address: PO 8ox 607
Patterson, CA 95363
Change Order Date October y0 , 2022
Cantract Execution Date: September 1, 2017
Notice to Proceed Oate: August 29, 2017
This contract change order augments o changes the following:
1) ADDITIONS TO CONTRACT
Pursuant to the provisions of the Cont act Specifications and proposal attached as Exhibit A, you are hereby directed to make the herein described changes to the plans and specifications, and scope of work contracted for within the terms of the agreement between the City of lathrop and David Silva DBA Silva Landscape dated September i,2017.

I. CHANGES IN THE SPECIFICATIONS
A. None
II. ADDITION( S) TO CONTRACT
Monthly Fee- South Lathrop Baoster Pump Statian 225. 00/ mo.

MONTHIY FEE COST FROM CHANGE ORDER NO. 25( MONTHLY FEE) 225. 00/ mo.

ORIGINAI CONTRACT AMOUNT( MONTHLY FEE) 57, 214. 00
TOTAI ADDITIONAL COST FROM CHANGE ORDER NO. 1( MONTHLY FEE) 13, 900.00 TOTAI ADDITIONAL COST FROM CHANGE ORDER NO. 5( MONTHLY FEE) 985. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO.$( MONTHLY FEE) 1, 850. 00 TOTAL ADOITIONAL COST FROM tHANGE OROER N0. 11( MONTHLY FEE) 425. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER N0. 14( MONTHLY FEE) 3, 500.00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 15( MONTHLY FEE) 8,500. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 23( MONTHLY FEE) 465. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 25( MONTHLY FEE) 225. 00 TOTAL REVISED MONTHLY CONTRACT AMDUNT 87, 064. 00
TOTAL ADDITIONA! COST FROM CHANGE ORDER NO. 2( ONE TIME FEE) 14, 989. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 3( ONE TIME FEE) 22,800.00 TOTAL ADDITtONAL COS7 FROM CHANGE ORDER NO. 4( ONE TIME FEE) 3, 200. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER N0. 6( ONE TIME FEE) 11,400.00 TOTAL ADDIt10NAl COST FROM CHANGE ORDER NO. 7( ONE TIME FEE) 1, 7$ Q. 00 TOTAL ADDITIONAL COST FROM CHANGE OROER NO. 9( OIVE TIMf FEE) 2, 200. 00 172
CHANGE ORDER NO. 25
Monthly Fee— South Lathrop Booster Pump Station City of Lathrop TOTAL ADDITIONAL COST FRQM CHANGE ORDER NO. iQ( ONE TIME FEE) S950. 00 TOTAL ADDITIONAL C05T FROM CHANGE ORDER N0. 12( ONE TIME FEE) 3, 800. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER N0. 13( ONE TIME FEE) 925. 00 TOTAL ADDITIONAL COST FROM CHANGE OROER NO. 16(ONE TIME FEE) 1,200. Q0 TOTAL ADDITIONAL COST FROM CHANGE ORDER N0. 17( ONE TIME FEE) 2, 400. 00 TOTAI ADOITIONAL COST FROM CHANGE ORDER NO. 18( ONE TIME FEE) 1,650. 00 TOTAL ADDITIONAL COST FROM CHANGE OROER NO. 19( ONE TIME FEE) 2, 400. 00 TOTAL ADDITIQNAI COST FROM CHANGE ORDER NO. 20( ONE TIME FEE) 2, 200. 00 TOTAL ADOITIONAL COST FROM CHANGE ORDER NO. 21( ONE TIME FEE) S1, 300. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 22( ONE TIME FEE) 1, 200. 00 TOTAL ADDITIONAL COST FROM CHANFE ORDER NO. 24( ONE TIME FEE) 4,500. 00 TOTAL REVI5ED ONE- TIME AODITIONS TO tONTRAtT AMOUNT 7$, 900. 00

END OF CHANGESJ

DESCRIPTION OF WORK
See additions to contract. The contractor provided all labdr, material, equipment and performed all incidental tasks as necessary to complete the change order.

TIME OF COMPLETION
The work is to begin as soon as notice to Proceed is received. To run throughout the duration of the contract.

RELEASE AND WAIVER
Acceptance of this Contract Change Order constitutes a full and final resolution of all pending disputes between City and Contractor regarding scope of work and payment for work. Contractor accepts this Contract Cha ge Order as full payment for all work pe formed to date and hereafter to be performed, up to and including Contract Change Order No. 25. Contractor releases and discharges City from any and all claims, demands, damages, actions and causes of actions and causes of action for injuries, damages or losses, whether known or unknown, foreseen or unforeseen, arising directly from Contractor' s work on this contract. Contractor expressly waives the provisions of California Civil Code, Section 1542, which reads as follows:

A general release does not extend ta claims which the Creditor does not know or suspect to exist in his favor at time of executing the release, which if known by him must have materially affected his settlement with the debtor.

END OF SECTION)
173
CHANGE ORDER NO. 25
Monthly Fee- South La rop Booster Pump Station City of Lathrop Recommended
By. m • lQ` ' Z--
Todd S ba Date
Director of Parks, Recreation, and
Maintenance Services
City of Lathrop
Approved As
To Form: L tt
Salvador Navarrete Date
City Attorney
City of Lathrop
Approved By: r' 7' ii
St en J. Salvatore Date
City Manager
City of Lathrop
Subject ro Council Rati cation
Accepted By
Contractor: U- 4Z2,
avid Silva DBA Siiva Landscape Date
l.. Si v tr.-• t.'-
Print Name and Title
174
Exhibit A
s i.. a o
Pu Bo hU7
Patte son. CA 953 3 1JC
c, S Ql?- 319
da id. silvafandscapetmgmaif. com
S 1 LVA

ANDSCAPE
ADDRESS ESTIlVIATE# 20l 3
City of Lathrop DATE 09/ 2 2022
3Q0 To rme Centre Drive
Lathrop, CA 95330
AREA
South Lathrop Booster Pump
Monthly Maintenance Fee- 225. 00
Approved by TOTAL 225. 00
Accepted By Accepted Date
175
CHANGE ORDER NO. 27
Monthly Fee— Glacier Road City of Lathrop
CONTRACT CHANGE ORDER NO. 27
MONTHLY FEE— GLACIER ROAD
Contractor: David Silva DBA Silva Landscape
Address: PO Box 60?
Patterson, CA 95363
Change Order Date January 2023
Contract Execution Date: September 1, 2017
Notice to Proceed Date: August 29, 2017
This contract change order augments or changes the following:
1) ADDITIONS TO CONTRACT
Pursuant to the provisions of the Contract Specifications and proposal attached as Exhibit A, you are hereby directed to make the herein described changes to the plans and specifications, and scope of work contracted for within the terms of the agreement between the City of Lathrop and David Silva DBA Silva Landscape dated September 1, 2017.

I. CHANGES IN THE SPECIFICATIONS
A. None
II. ADDITION( S) TO CONTRACT
Monthly Fee— Glacier Road 625. 00/ mo.

MONTHLY FEE COST FROM CHANGE ORDER NO. 27( MONTHLY FEE) 625. 00/ mo.

ORIGINAL CONTRACT AMOUNT( MONTHLY FEE) 57, 214. 00
TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 1 ( MONTHLY FEE) 13, 900. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 5 ( MONTHLY FEE) 985. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 8( MONTHLY FEE) 1, 850. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 11 ( MONTHLY FEE) 425. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 14( MONTHLY FEE) 3, 500. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 15 ( MONTHLY FEE) 8, 500. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 23( MONTHLY FEE) 465. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 25( MONTHLY FEE) 250. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 26( MONTHLY FEE) 825. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 27( MONTHLY FEE) 625. 00 TOTAL REVISED MONTHLY CONTRACT AMOUNT 88, 539. 00
TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 2( ONE TIME FEE) 14, 989. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 3( ONE TIME FEE) 22, 800. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 4( ONE TIME FEE) 3,200.00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 6( ONE TIME FEE) 11, 400. 00 176
CHANGE ORDER NO. 27
Monthly Fee— Glacier Road City of Lathrop
TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 7( ONE TIME FEE) 1, 780. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 9( ONE TIME FEE) 2, 200. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 10( ONE TIME FEE) 950. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 12( ONE TIME FEE) 3,800. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 13( ONE TIME FEE) 925. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 16( ONE TIME FEE) 1, 200. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 17( ONE TIME FEE) 2,400. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 18( ONE TIME FEE) 1, 650. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 19( ONE TIME FEE) 2, 400. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 20( ONE TIME FEE) 2, 200. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 21( ONE TIME FEE) 1, 300. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 22( ONE TIME FEE) 1, 200. 00 TOTAL ADDITIONAL COST FROM CHANFE ORDER NO. 24( ONE TIME FEE) 4,500. 00 TOTAL REVISED ONE- TIME ADDITIONS TO CONTRACT AMOUNT 78, 900. 00

END OF CHANGESJ

DESCRIPTION OF WORK
See additions to contract. The contractor provided all labor, material, equipment and performed all incidental tasks as necessary to complete the change order.

TIME OF COMPLETION
The work is to begin as soon as notice to Proceed is received. To run throughout the duration of the contract.

RELEASE AND WAIVER
Acceptance of this Contract Change Order constitutes a full and final resolution of all pending disputes between City and Contractor regarding scope of work and payment for work. Contractor accepts this Contract Change Order as full payment for all work performed to date and hereafter to be performed, up to and including Contract Change Order No. 27. Contractor releases and discharges City from any and all claims, demands, damages, actions and causes of actions and causes of action for injuries, damages or losses, whether known or unknown, foreseen or unforeseen, arising directly from Contractor' s work on this contract. Contractor expressly waives the provisions of California Civil Code, Section 1542, which reads as follows:

A general release does not extend to claims which the Creditor does not know or suspect to exist in his favor at time of executing the release, which if known by him must have materially affected his settlement with the debtor.

END OF SECTION)
177
CHANGE ORDER NO. 27
Monthly Fee— Glacier Road City of Lathrop
Recommended
By:

Todd Sebastian Date
Director of Parks, Recreation, and
Maintenance Services
City of Lathrop
Approved As
To Form:

Salvador Navarrete Date
City Attorney
City of Lathrop
Approved By:

Stephen J. Salvatore Date
City Manager
City of Lathrop
Subject to Council Ratification
Accepted By
Contractor:

David Silva DBA Silva Landscape Date
Print Name and Title
178
Exhibit q
Silva Landscape
Po Box 607
Patterson, CA 95363 US
925) 413- 3192
david. siivalandscape w gmail. com
S1 LVA

LANDSCAPE
l
i; ;; ilt
ADDRESS ESTAIATE# 2015
City of Lathrop DATE 09/ 22/ 2022
390 Towne Centre Drive
Lathrop, CA 95330
AREA
Glacier Road Streetscape
i, ,.

Monthly Maintenance Fee- 625. 00
Approved by TOTAL 625.

Accepted By Accepted Date
179

ATTACHMENT F
CHANGE ORDER NO. 26
Monthly Fee— Manthey Road/ Golden Valley Pkwy City of Lathrop CONTRACT CHANGE ORDER NO. 26
MONTHLY FEE— MANTHEY ROAD/ GOLDEN VALLEY PKWY
Contractor: David Silva DBA Siiva Landscape
Address: PO Box 607
Patterson, CA 95363
Change Order Date January 2023
Contract Execution Date: September 1, 2017
Notice to Proceed Date: August 29, 2017
This contract change order augments or changes the following:
1) ADDITIONS TO CONTRACT
Pursuant to the provisions of the Contract Specifications and proposal attached as Exhibit A, you are hereby directed to make the herein described changes to the plans and specifications, and scope of work contracted for within the terms of the agreement between the City of Lathrop and David Silva DBA Silva Landscape dated September 1, 2017.

I. CHANGES IN THE SPECIFICATIONS
A. None
II. ADDITION( S) TO CONTRACT
Monthly Fee— Manthey Road/ Golden Valley Pkwy 825. 00/ mo.

MONTHLY FEE COST FROM CHANGE ORDER NO. 26( MONTHLY FEE) 825. 00/ mo.

ORIGINAL CONTRACT AMOUNT( MONTHLY FEE) 57, 214. 00
TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 1( MONTHLY FEE) 13, 900. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 5 ( MONTHLY FEE) 985. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 8( MONTHLY FEE) 1, 850. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 11( MONTHLY FEE) 425. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 14( MONTHLY FEE) 3, 500. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 15( MONTHLY FEE) 8, 500. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 23( MONTHLY FEE) 465. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 25( MONTHLY FEE) 250. 00 TOTAI ADDITIONAL COST FROM CHANGE ORDER NO. 26( MONTHLY FEE) 825. 00 TOTAL REVISED MONTHLY CONTRACT AMOUNT 87, 914. 00
TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 2( ONE TIME FEE) 14, 989. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 3( ONE TIME FEE) 22, 800. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 4( ONE TIME FEE) 3, 200. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 6( ONE TIME FEE) 11, 400.00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 7( ONE TIME FEE) 1, 780. 00 180
CHANGE ORDER NO. 26
Monthly Fee— Manthey Road/ Golden Valley Pkwy City of Lathrop TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 9( ONE TIME FEE) 2, 200. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 10( ONE TIME FEE) 950. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 12( ONE TIME FEE) 3,800. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 13( ONE TIME FEE) 925. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 16( ONE TIME FEE) 1, 200. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 17( ONE TIME FEE) 2,400. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 18( ONE TIME FEE) 1, 650. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 19( ONE TIME FEE) 2,400. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 20( ONE TIME FEE) 2, 200. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 21( ONE TIME FEE) 1, 300. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 22( ONE TIME FEE) 1, 200. 00 TOTAL ADDITIONAL COST FROM CHANFE ORDER NO. 24( ONE TIME FEE) 4, 500. 00 TOTAL REVISED ONE- TIME ADDITIONS TO CONTRACT AMOUNT 78, 900. 00

END OF CHANGES)

DESCRIPTION OF WORK
See additions to contract. The contractor provided all labor, material, equipment and performed all incidental tasks as necessary to complete the change order.

TIME OF COMPLETION
The work is to begin as soon as notice to Proceed is received. To run throughout the duration of the contract.

RELEASE AND WAIVER
Acceptance of this Contract Change Order constitutes a full and final resolution of all pending disputes between City and Contractor regarding scope of work and payment for work. Contractor accepts this Contract Change Order as full payment for all work performed to date and hereafter to be performed, up to and including Contract Change Order No. 26. Contractor releases and discharges City from any and all claims, demands, damages, actions and causes of actions and causes of action for injuries, damages or losses, whether known or unknown, foreseen or unforeseen, arising directly from Contractor' s work on this contract. Contractor expressly waives the provisions of California Civil Code, Section 1542, which reads as follows:

A general release does not extend to claims which the Creditor does not know or suspect to exist in his favor at time of executing the release, which if known by him must have materially affected his settlement with the debtor.

END OF SECTION)
181
CHANGE ORDER NO. 26
Monthly Fee— Manthey Road/ Golden Valley Pkwy City of Lathrop Recommended
By:

Todd Sebastian Date
Director of Parks, Recreation, and
Maintenance Services
City of Lathrop
Approved As
To Form:

Salvador Navarrete Date
City Attorney
City of Lathrop
Approved By:

Stephen J. Salvatore Date
City Manager
City of Lathrop
Subject to Council Ratification
Accepted By
Contractor:

David Silva DBA Silva Landscape Date
Print Name and Title
182
Exhibit A
Silva Landscape
Po Box 607
Patterson, CA 95363 US
925) 413- 3192
david. si] valandscape agmail. com
S 1 LVA

LANDSCAPE
l
Ii31 i..

ADDRESS ESTA tATE# 2014
City of Lathrop DATE 09/ 22/ 2022
390 ToHme Centre Drive
Lathrop, CA 95330
AREA
Manthey Road/ Golden Valley Prkw
i i-•. I i ` I; C '. I
Monthly Maintenance Fee- 825. 00
Approved by TOTAL 25.0
Accepted By Accepted Date
183

ATTACHMENT G
CHANGE ORDER NO. 28
Monthly Fee— Golden Valley Pkwy— Stanford Crossing to
River Islands Pkwy City of Lathrop
CONTRACT CHANGE ORDER NO. 28
MONTHLY FEE— Golden Vallev Pkwv— Stanford Crossin to River Islands Pkwv Contractor: David Silva DBA Silva Landscape
Address: PO Box 607
Patterson, CA 95363
Change Order Date January 2023
Contract Execution Date: September 1, 2017
Notice to Proceed Date: August 29, 2017
This contract change order augments or changes the following:
1) ADDITIONS TO CONTRACT
Pursuant to the provisions of the Contract Specifications and proposal attached as Exhibit A, you are hereby directed to make the herein described changes to the plans and specifications, and scope of work contracted for within the terms of the agreement between the City of Lathrop and David Silva DBA Silva Landscape dated September 1, 2017.

I. CHANGES IN THE SPECIFICATIONS
A. None
II. ADDITION( S) TO CONTRACT
Monthly Fee— Golden Valley Pkwy— Stanford Crossing to River Islands Pkwy 675.00/ mo.

MONTHLY FEE COST FROM CHANGE ORDER NO. 28( MONTHLY FEE) 675. 00/ mo.

ORIGINAL CONTRACT AMOUNT( MONTHLY FEE) 57, 214. 00
TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 1( MONTHLY FEE) 13, 900. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 5( MONTHLY FEE) 985. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 8( MONTHLY FEE) 1, 850. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 11( MONTHLY FEE) 425. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 14( MONTHLY FEE) 3, 500. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 15( MONTHLY FEE) 8, 500. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 23( MONTHLY FEE) 465. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 25( MONTHLY FEE) 250. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 26( MONTHLY FEE) 825. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 27( MONTHLY FEE) 625. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 28( MONTHLY FEE) 675. 00 TOTAL REVISED MONTHLY CONTRACT AMOUNT 89, 214. 00
TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 2( ONE TIME FEE) 14, 989. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 3( ONE TIME FEE) 22, 800. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 4( ONE TIME FEE) 3, 200.00 184
CHANGE ORDER NO. 28
Monthly Fee— Golden Valley Pkwy— Stanford Crossing to
River Islands Pkwy City of Lathrop
TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 6( ONE TIME FEE) 11, 400. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 7( ONE TIME FEE) 1, 780.00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 9( ONE TIME FEE) 2, 200. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 10( ONE TIME FEE) 950. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 12( ONE TIME FEE) 3, 800. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 13( ONE TIME FEE) 925. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 16( ONE TIME FEE) 1, 200. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 17( ONE TIME FEE) 2, 400. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 18( ONE TIME FEE) 1, 650. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 19( ONE TIME FEE) 2,400. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 20( ONE TIME FEE) 2, 200. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 21( ONE TIME FEE) 1, 300. 00 TOTAL ADDITIONAL COST FROM CHANGE ORDER NO. 22( ONE TIME FEE) 1, 200.00 TOTAL ADDITIONAL COST FROM CHANFE ORDER NO. 24( ONE TIME FEE) 4, 500. 00 TOTAL REVISED ONE- TIME ADDITIONS TO CONTRACT AMOUNT 78, 900. 00

END OF CHANGESJ

DESCRIPTION OF WORK
See additions to contract. The contractor provided all labor, material, equipment and performed all incidental tasks as necessary to complete the change order.

TIME OF COMPLETION
The work is to begin as soon as notice to Proceed is received. To run throughout the duration of the contract.

RELEASE AND WAIVER
Acceptance of this Contract Change Order constitutes a full and final resolution of all pending disputes between City and Contractor regarding scope of work and payment for work. Contractor accepts this Contract Change Order as full payment for all work performed to date and hereafter to be performed, up to and including Contract Change Order No. 28. Contractor releases and discharges City from any and all claims, demands, damages, actions and causes of actions and causes of action for injuries, damages or losses, whether known or unknown, foreseen or unforeseen, arising directly from Contractor' s work on this contract. Contractor expressly waives the provisions of California Civil Code, Section 1542, which reads as follows:

A general release does not extend to claims which the Creditor does not know or suspect to exist in his favor at time of executing the release, which if known by him must have materially affected his settlement with the debtor.

END OF SECTION)
185
CHANGE ORDER NO. 28
Monthly Fee— Golden Valley Pkwy— Stanford Crossing to
River Islands Pkwy City of Lathrop
Recommended
By:

Todd Sebastian Date
Director of Parks, Recreation, and
Maintenance Services
City of Lathrop
Approved As
To Form:

Salvador Navarrete Date
City Attorney
City of Lathrop
Approved By:

Stephen 1. Salvatore Date
City Manager
City of Lathrop
Accepted By
Contractor:

David Silva DBA Silva Landscape Date
Print Name and Title
186
u
r
City of
Office of the City Manager 390 Towne Centre Dr. - Lathrop, CA 95330 Phone ( 209) 941- 7220- fax ( 209) 941- 7248
www. ci.lathrop. ca. us

NOTICE TO PROCEED
January 2023
David Silva
dba Silva Landscape
PO Box 607
Patterson, CA 95363
Dear Mr. Silva:

Enclosed please find your original executed Contract Change Order No. 28 for monthly maintenance of Golden Valley Pkwy - Stanford Crossing to River Islands Pkwy. This is your Notice to Proceed to the attached Change Order No. 28.

Should you have any questions regarding this project, please contact Todd Sebastian at 209) 941- 7384, the staff inember directly involved with this project.

Sincerely,
Stephen J. Salvatore
City Manager
Copy: Teresa Vargas, City Clerk
Project File
187
Exhibit A
s a
Po Box 607
Patterson, CA 95363 US
925) 413- 3192
david. silvalandscape@gmai l. com
S1 LVA

LANDSCAPE
Estimate
ADDRESS ESTA IATE# 2018
City of I.athrop
DATE 11/ 03/ 2022
390 Towne Centre Drive
Lathrop, CA 95330

SERVICES AMOUNT
Golden Valley Parkway- from Stanford Crossing to River Island Parkway 675. 00 Monthly Maintenance
Approved by TOTAL 675. 00
Accepted By Accepted Date
188

FINANCE PROCUREMENT REVIEW
Document Type:

Contract Change Order# 28
Term ofAgreement: Duration of Contract
Today' s Date: Submitter' s Name: Department: Amount:
12/ 02/ 2022 Debra Wheale Parks, Recreation & Maintenance 675. 00/ mo.

Document Title:

Contract Change Order No. 28 David Silva dba Silva Landscape. Monthly Fee - Golden Valley Pkwy - Stanford Crossing to River Islands Pkwy.

All Contracts must be submitted to Finance for review priar to being executed. If a Contract requires City Council' s approval, it must be submitted to Finance after Council has approved it( with a copy of the resolution). The Finance Procurement Review form must accompany all submittals. Items requiring Council' s approval include, but not limited to:
ltem Exceeds$ 75, 000 Item NOT Budgeted • Amended Grand Total Exceeds$ 75, 000 Council' s approval re uired? Q I'es No
If Yes, Why? LJ Fxceeds$ 75, 000 Not Budgeted Amended Grand Total Exceeds$ 75, 000 u Other Council' s Approval Date: Resolution#: Project#:

Developer Funded? Yes QNo
If Yes, provide the Developer' s Name: Contact:

Funding Source: Include Fund Name, G/L Account#& CIP Project# ifapplicable. List multip/ e G/ L accounts on Supplemental FPR.

Mossdale CFD 2570- 50- 63- 420- 27- 00- Street Trees& Landscape Notes• Supplemental FPR attached
Monthly Fee$ 675. 00- Golden Valley Pkwy- Stanford Gossing to River Islands Pkwy.

Please include and/ or confirm the following documentation with your submittal: Provide a reason for an exemption.

Document• Include N/ A Finance Review

1. Notice to Proceed 0

2. Agreement/ Contract/ PO 0

3. Developer Funding Request Authorization

4. Scope of Work 0

5. Three Quotes( Verbal$ 2, 500-$ 4, 999/ Written$ Sk-$ 75k) LMC 2. 36. 050

6. Request for Proposal- Professional Services LMC 2. 36. 150 0

7. Formal Bid(<$ 75k) LMC 2. 36. 06, or(<$ 200k) UPCCAA 0

8. Informal Bid( Less than$ 200k) LMC 3. 30. 040, UPCCAA 0

9. Certificate of Insurance

10. Active City Business License#: 40961 0

11. Active Contractor' s License#: 985652 0

12. W9( i. e., for New vendor, or W9 Change for existing vendor) 0

13. Copy of Project Tracking Q 0

14. Copy of City Council Resolution Q 0

15. City Attomey Document Review

FINANCE USE
Contract submitted to City Clerk on:

Reviewer:

Signature Date Executed Contract received and
returned to Department on:
189 Rev sed: 6/ 01/ 2022
1 DAVISIL•03 3$ A_KELSQ

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390 Towna Centre Drive
tathrop, CA 45330
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